1979 10 15
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REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 15, 1979
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present:
Councilmen Pearson, Neveaux, Matthews, and Geving. The meeting was opened with the
Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented with
the addition of a discussion on the Baltic Corporation. Motion seconded by Councilman
Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Matthews. No negative votes. Motion carried.
PUBLIC HEARING
1979 DISEASED TREE REMOVAL CERTIFICATIONS
Mayor Hobbs called the hearing to order with the following persons present:
Tom Schoenecker, 2820 Sandpiper Trail
Pat Swenson, 9015 Lake Riley Blvd.
Clark Horn, 7608 Erie
Roman Roos, 8001 Cheyenne
Michael Houdyshell, 6900 Yuma Drive
Mr. Schoenecker and Mr. Houdyshell were present to discuss their diseased tree bills.
The City Manager explained thattrö p'riee scheduleuhas_beeri established for property
owners taking a tree down, keeping the wood and having the limbs picked up by the
city contractor. The Council agreed to cut both bills in half.
Councilman Matthews moved ta cluse the public hearing. Motiun seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Matthews. No negative votes. Motion carried.
1979 DISEASED TREE REMOVAL CERTIFICATIONS:
RESOLUTION #79-61: CoLinci lman Neveaux moved the adoption of a resolution accepting
the certifications from the City Manager with the exception of Tom Schoenecker and
Michael Houdyshell. Resolution seconded by Councilman Matthews. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative
votes. Motion carried.
Councilman Matth-ews moved to temporarily adjourn the Counci 1 meeting in order for the
Planning Gommt5sionto hold apubl'ic he'atin'g-~'Moliönseconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and
Matthews. No negative votes. Motion carried.
PUBLIC HEARING
EXTEND BUILDING MORATORIUM liJITHIN TAX INCREMENT DISTRICT
Roman Roos called the hearing to order with the following members present: Pat Swenson,
Clark Horn, Tom Droegemueller, and Jack Bell; The following persons were present:
Craig Mertz
Joyce and Dick McFarland, 6341 Murray Hill Road
Walter Hobbs
Ri chard Pearson
Dale Geving
Richard Matthews
Joh n ,"N eveaux
Jim Orr
Jack Gi 11
The purpose of this hearing is to consider a reinstatement of the moratorium on the
Council Meeting October 15, 1979
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issuance of building permits for the downtown tax increment district. The previous
moratorium expired in July 1979.
Clark Horn moved to close the public hearing. Motion seconded by Tom Droegemueller
and unan imous lyapproved.
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BUILDING MORATORIUM WITHIN TAX INCREMENT DISTRICT: Pat Swenson moved to recommend
the Council extend the building moratorium for 120 days. Motion seconded by Tom
Droegemueller and unanimously approved.
Jack Bell moved to adjourn the Planning Commission meeting. Motion seconded by
Clark Horn and unanimously approved.
Mayor Hobbs reconvened the Council meeting at 8:00 p.m.
BUILDING MORATORI UM WITHIN TAX INCREMENT DISTRICT: Councilman Pearson moved to
endorse the Planning Commission recommendation to extend the moratorium within the
tax increment district for the HRA for 120 days. Motion seconded by Councilman
Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Matthews. No negative votes. Motion carried.
MINUTES: The Council expressed concern that the Sheriff1s Department receive the
letter as stated in the Council motion under CARVER BEACH SWIMMING AREA in the
September 17, 1979, Council minutes.
Councilman Geving moved to approve the September 17, 1979, Council minutes. Motion
seconded by Councilman Neveaux. The foll owing voted in favor: Councilmen Pearson,
Neveaux, Geving, and Matthews. MayöY"Hobbs abstained. 'Motion carried. ' I
Councilman Neveaux moved to approve the Septembe'r 24,1979 ,CåUhCi:l mihutes . Motion
seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried.
Councilman Matthews moved to approve the October 1, 1979, Council minutes. Moti on
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen ,Pearson, Neveaux, Geving,_.and Matthews. No negative votes. Motion carried.
Councilman Neveaux moved to note the September 12, 1979, Planning Commission minutes.
Motion seconded by Councilman Matthews. The following voted in favor: t~ayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Matthews~ Na negative votes. Motion carried.
Councilman Pearson moved to note the October 2, 1979, Park and Recreation Commission
minutes. Motion seconded by Councilman Matthews. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes.
Motion carried.
PUBLIC HEARING
SUBDIVISION VARIANCE REQUEST, WALTER CLEVELAND
Mayor Hobbs called the hearing to
Mr. and Mrs. Walter Cleveland
Mr. and Mrs. Dick McFarland
Aldine Grindy, representing the
order with the following interested persons present:
Cleveland's
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Mr. Cleveland is requesting a realignment of his property along an existing fence
line and convey it by metes and bounds. Staff recommended that the subdivision
be allowed but that it be placed in a plat format.
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Council Meeting October 15, 1979
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Councilman Geving moved to close the public hearing. Motion seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Matthews. No negative votes. Hearing closed at 8:30 p.m.
SUBDIVISION VARIANCE - WALTER CLEVELAND: Councilman Neveaux moved to approve the
subdivision contingent upon a plat being provided in accordance with the Subdivision
Ordinance. Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes.
Motion carried.
BILLS: Counci 1 man Matthews moved to approve the bi 11 s as presented: checks #11165
through #11182 in the amount of $5,852.93, checksul1077 through #i1164 in the amount
of $455,774.54, and checks #7772 through #7849 in the amount uf $201,265.97. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried.
NEW HORIZON HOMES DEVELOPMENT CONTRACT: The developer and city staff are in agreement
with all terms of the contract as presented to the Council.
Councilman Matthews moved to approve the development contract as submitted wi th two
amendments, the fi rs t being th'at the installmelYt'pBymerrt'sch'edulefor' the Phase I
levied as'sessments would be amended so as to provide one lump sum payment on 10/31/81
and that the installment schedule for the Phase I deferred assessments and the Phase II
levied assessments and the Phase II deferred assessments' would be in one lump sum
payment of 100% on 10/31/82. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Pearson, and Matthews. No
negative votes. Motion carried.
THE HESSE FARM DEVELOPMENT CONTRACT: Gary Larson and Harold Hesse were present.
Discussion was held on inclusion of a statement in the covenants and restrictions
that the private street is gravel.
Councilman Geving moved to approve the development contract for the Hesse Farm Second
Additi on with the October 3, 1979, amendments wi th the emergency access to be the same
six ton standards as the private streets. The streets to be posted as private and
that a provision be included in the covenants and restrictions that the street is a
six ton gravel street. Motion seconded by Councilman Matthews. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative
votes. Motion carried.
CHRISTMAS ACRES DEVELOPMENT CONTRACT: Mr. Beddor asked for permission to move dirt
to begin installing the road bed. He also requested that the water system not be
looped in the development. The developer was instructed to apply for a grading permit.
Councilman Neveaux moved to table action on approval of the development contract until
such time as the city staff can respond to the request of the developer to change the
terms in the contract. The developer be allowed to proceed with a grading permit by
working with staff. Anygradthgdone'~win beat thedeveloper's risk. Motion seconded
by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Gevi ng, and Matthews. No negati ve votes. Motioncarri ed.
MINNEWASHTA CREEK SECOND ADDITION, CONDITIONAL USE PERMIT, BEACH LOT: Counci lman
Pearson moved to approve the conditional usepermtt as presented. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Geving, and Matthews. No negative votes. Motion carried.
PLANNING COMMISSION RESIGNATION: Councilman Neveaux moved to accept Gordon Freeburg's
oral resignation and the City Manager to draft a letter of thanks to Mr. Freeburg for
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his service to the community. Motion seconded by Councilman Matthews. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and
Matthews. No negative votes. Motion carried.
PARK AND RECREATION APPOINTMENT: Councilman Geving moved to concur with the
Park and Recreation Commission recommendation and appoint Tom Schoenecker to
fill the vacancy created by Pat Boyle. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving,
and Matthews. No negative votes. Motion carried.
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CONTRACT AMENDMENT, NORTH LAKE SUSAN PUBLIC IMPROVEMENT PROJECT:
RESOLUTION #79-62: Councilman ~~atthews moved the adoption of a resolution approving
the contract amendment for the North Lake Susan Public Improvement Project as outlined
in the City Engineer' s 1 etter dated October 11, 1979, contingent upon'WO% acceptance
of the modification by· all the property owhers to bébenefitted by the'addîtìön.
Resol ution seconded by Councilman Geving. The foll owing voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion
carried.
CONTRACT AMENDMENT, DAKOTA WIDENING:
RESOLUTION #79-63: Councilman Neveaux moved the adoption of a resolution requesting
the City Engineer to enter into a contract for $3.90 or $4.30 depending on when the
work can be done. Resolution seconded by Councilman Matthews. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No
negative votes. Motion carried.
RESOLUTION S UPPORTING STATE REVI EW OF CITI ZEN CONCERNS, GROUP HOME APPLI CATION
7226 FRONTIER TRAIL: Several residents of Sunrise Hills and Western Hills were I
present. Orval Larson spoke in behalf of the group in opposition to the proposed
group home. A petition,signed by area residents, in opposition to the group home
was presented.
RESOLUTION #79-64: Councilman Neveaux moved the adoption of a resolution opposing
the establishment of a group residence at 7226 Frontier Trail as presented the
the Council Agenda with the addition of 1) That the City Council feels strongly
that while the power to grant permits for uses such as this may be wîth other
bodies, the local unit of government should have the right to review such permits
in an advisory capacity at the minimum. Lack of this review certainly leaves the
local citizens without recourse in this type of proceeding, and 2) Citizens of
Chanhassen are denied the right of due process. Resolution seconded by Councilman
Geving. The foll owi ng voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Matthews. No negative votes. Motion carried.
CARVER COUNTY RECONSIDERATION OF 1980 TAX LEVY:
RESOLUTION #79-65: Mayor Hobbs möved the adoption of a resolution requesting
the Carver County Board to recons ider the budgetl111ltgtrt of"fhe City' Manager I s
outline of the 1980 Carver County Budget. Resolution seconded by Councilman Matthews.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving,
and Matthews. No negative votes. Motion carried.
The City Manager was directed to send a letter to the County Board along with the
resolution.
BALTIC CORPORATION: Councilman Neveaux has recei ved complaints regarding semi
tractors and motor homes being parked on the property. The building is being
occupied but an occupancy permit was not issued. The City Manager will check into
this and if the vehicles are not removed this matter will be turned over to the
City Attorney.
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Council Meeting October 15, 1979
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Council members will interview candidates to replace Councilman Matthews at the
November 5th Council meeting.
Councilman Neveaux moved to adjourn. Motion seconded by Councilman Pearson. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and
Matthews. No negative votes. Meeting adjourned at 11:00 p.m.
Don Ashworth
City Manager