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1982 01 18 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JANUARY 18, 1982 Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members present: Councilwoman Swenson, Councilmen Geving, Horn, and Neveaux. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with the addition of Police Advisory Committee. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Councilman Geving moved to note the December 9, 1981, Planning Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Horn moved to note the January 5, 1982, Park and Recreation Commission minutes. Motion seconded by Councilwoman Swenson. The following voted in favor: Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative Motion carried. Mayor votes. CONDITIONAL USE PERMIT, DON HANUS: Mr. Hanus was not present. The City Planner gave the Council background on various materials that could be used for screening and estimates of costs. Council members generally felt that a wooden fence along the south property line would solve the screening issue. The existing plastic screening could be moved and installed in the north fence. A construction permit will be required for grading work in the state right-of-way. Work is to be completed by May 31, 1982. Councilman Neveaux moved to allow the sale of rebuilt vehicles incidental to the automobile/truck body shop and repair facility. The sale of new vehicles is not allowed. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Horn and Neveaux. Councilwoman Swenson and Councilman Geving voted no. Motion carried. Council members instructed the City Attorney to tie section 2.08 Cd) with section 2.10 regarding outside storage and screening. If the screening is in disrepair or not installed, Mr. Hanus would be in violation of the outside storage provision. Mayor Hamilton asked if Mr. Hanus has deposited an escrow account with the City. The City Manager stated that after signatures have been obtained he will give a status report of the escrow account. ON SALE SUNDAY LIQUOR: Don Kallestad was present. On December 21, 1981, the Council tabled action on the Pony Express Bar request to amend the ordinance to allow the bar to be eligible for a Sunday liquor license. It was noted at that time that perhaps other liquor license holders were not in accordance with State Law. Staff presented a report on their findings. Council members discussed Mr. Kallestad's request for Sunday Sales and generally felt that being there is no kitchen on the premises for preparing food, the request should be denied. Staff recommended that a letter be sent to all Sunday liquor license holders defining Sunday Sales and limiting the hours of liquor sales to one hour prior to food service and no more than two hours after closing the kitchen. Councilman Horn moved to direct the City Manager to send a letter to the existing bar and restaurant owners informing them of the Sunday sales hours in conjunction with the serving of food and table any further action on this item until such time as Council Meeting January 18, 1982 -2- liquor licenses are reviewed. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. COUNTY POLICE CONTRACT: Former Mayors Al Klingelhutz and Walt Hobbs were present I expressing concern over the police contract. BILLS: Councilman Neveaux moved to approve the bills as presented: checks #13250 through #13348 in the amount of $1,233,300.44 and checks #17367 through #17431 in the amount of $902,415.86. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PARK TWO DEVELOPMENT CONTRACT: Councilman Geving moved to place this item on the consent agenda. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. LAKE STUDY COMMITTEE: Mayor Hamilton suggested that the name of this committee be changed to the Environmental Protection Committee. He further stated that Dr. Sosin, Georgette Sosin and Susan Conrad have requested that they be made a part of this committee during the period of time in which they are studying the Environmental Protection Ordinance. Scott Martin advised the Council that the committee is made up of seven members and as of now there are two vacancies, one from the Planning Commission and one at large. Bob WaIbel - The last Planning Commission representative was Jim Thompson. At I their organizational meeting of a year ago they put it in their minutes that they decided they had the preference of not sending anybody as a representative to that committee and they felt like it would be appropriate or adequate to take care of their business through the review of minutes since they assume they were a subcommittee to them. We are going to be interviewing candidates next Tuesday. Scott Martin - Unless you want to change the structure. Mayor Hamilton - One of the things that bothered me was to say that the make up of this committee was to be of residents living on the lakes, specifically Minnewashta, Lotus and Riley, and that now we have to appoint someone to the committee who resides on Lake Riley. That doesn't make any sense to me at all. Councilwoman Swenson - I have had a call from Georgette Sosin. They emphasized that they are very interested in becoming voting members on this one ordinance only. They do not wish to be a part of the overall picture. Their basis is the expertise that they feel that they could bring to this by way of their having delved very deeply into the situation and as regards the Ecological and Lake Study Committee, having been first exposed to city government as a member of that particular organization, it was due perhaps to my frustration at the time because there was total lack of communication between the Ecological Committee and anybody, so this was when we recommended that if it be started again that the committee I would be comprised of a representative from the Park and Recreation and the Planning Commission so that the work that was done by these people would be assured of reaching both of these commissions. Minutes and recommendations that we had made six months later were Lord knows where because nobody every found them. It started out as a water usage I I I Council Meeting January 18, 1982 -3- type of thing. At that particular point in time I don't think we were discussing so much the Shoreland Management. Councilman Horn - That was the second charge. I think the initial charge was the outlot situation. Councilwoman Swenson - That was why to eliminate as much citizen controversy that we attempted to have the lake members and the off lake members and those three lakes were chosen because they are the largest recreational lakes in the City. This was the criteria that was utilized in the establishment and the selection of the committee and I am very dismayed to find out now that the Planning Commission decided not to be represented at these meetings. Councilman Neveaux - Was that what I heard or did I just hear them saying they would want to wait on their appointment until they found out what was going to happen with the committee. Bob Waibel - In judging from their meeting last week, they had the same sentiments that they had a year ago which was they would prefer not t~ have a representative to the committee. It is more emphasized this year because they are not sure what the committee's composition is to be or how it should be or is it going to be re-arranged. Councilman Neveaux - My review of the history indicates that in April of 1979 the Planning Commission established this committee to report to them. I don't see the minutes of the following Council meeting which recognized or got into the approval or whatever of that committee. The committee has been functioning as a sub-committee to the Planning Commission and for them to say, let's wait until the Council decides what they are going to do with the committee, we have been doing nothing. Scott Martin - There is a definite void there. I went through the records for a year after that and it never came before the Council. Councilman Horn - It came before the Council and was acted on by the Council. I was at the meeting. Mayor Hamilton - That being the case I would say that we have a basis from which to work then and unless the current Council wishes to change that the Lake Study Committee would be a sub-committee of the Planning Commission. Councilman Neveaux - I think it's an excellent idea and I think it definitely should report to the Planning Commission. It's a land use function that they are going to get involved in throughout all of this. It certainly would be possible, I would think, to in fact abolish this committee as such and re-appoint a new committee called the Environmental Protection Committee and have its make-up essentially be the same as the old Lake Study Committee and put some terms on to some of the positions and at that time plug in extra people to deal with specifically with the first project or the primary goal of the project would be the Wetlands Ordinance. That would allow us to put one maybe two of those folks from Lotus Lake on as "members to run from today or whenever it's adopted as a committee until such time as the passage of that ordinance" and then it would revert back to the old group. Mayor Hamilton - Would it be possible, as John has said, to have the Planning Commission review the whole thing right from the start and I don't think anything should be sacred, not the make-up of it as how many people from this lake or that lake, have them look at it and decide in todays environment what is going to be the best thing for the community. You want to have representation from people who are on the lakes and from people who are not on the lakes. Scott Martin - The opportunity presents itself very well next Wednesday night for that because hopefully they will be adopting their by-laws and that's really Council Meeting January 18, 1982 -4- what spurred this whole discussion a week ago so we can put it on the agenda next Wednesday. Councilman Geving - It seems to me that a committee that we formed for various I reasons always had a purpose and when that purpose is done the committee is disbanded or another purpose comes into focus and they keep going on and we have never established a committee for a set term. Mayor Hamilton - I guess I would agree with that because the Planning Commission at this time could say the usefulness of the past committee is now done and appoint a new committee. They could appoint seven new people. Scott Martin - I think some of the members of the Lake Study Committee were a bit confused when they thought that their task was done and all of a sudden they found out that they were getting in to wetlands. Councilman Neveaux - I still would like to see a balance or somewhat close to a balance of lakeshore versus non-lakeshore or at least a representative rather than have it tilt one way. Mayor Hamilton - It is a sub-committee of the Planning Commission and they should make the appointments subject to our approval. Councilwoman Swenson - I would certainly like to strongly recommend to the Planning Commission that they take advantage of the opportunity to have the input from a voting standpoint from Dr. Sosin and Susan and Georgette because I think they do have a definite input. Councilman Horn - I definitely go along with the fact that their input should be given and the original intent was always that their input and their knowledge that they have gained would be made a part of this but I have a concern with is that people want to have an I equal voting right and only be concerned with one issue and nqt volunteer for the committee as a whole to look at all of the charges that we have given them and I don't think you need to be a voting member to make the information available. Mayor Hamilton - As long as the committee understands that they are a very valuable information input and to solicit information from them not to just call on them when you happen to have a question. Maybe make them a part of the committee, a non-voting member so that they can give all the input that they have. Councilwoman S~¡renson - I think that was the problem. They would sit in the audience and they are not permitted to give their input. Bob Waibel - At their initial meeting which was table or which was adjourned because of a lack of a quorum the two members present, Ellen Chilvers and Mike Lynch, they had discussed the way they would be communicating with the Sosins and Susan Conrad and it was the consensus of those two there that they would be free to make comments as they go through the process of formulating the wetland ordinance. Mayor Hamilton - This is an unusual situation and I would like to see the Planning Commission review it. Are you getting a feel for what we are getting at so you can take it back? They are really doing some creative things and structure this so you can get the maximum amount of input from the people who have the information and structure that committee to do the greatest amount of good. Even if you want to make that a committee thatls just to run I through the period of time for this wetlands ordinance. I think the Planning Commission has that right to appoint and to disband that committee any time they want. Bob Waibel - This whole question may come up again. I suppose it would be well to ask the committee next Tuesday night if it would be okay to establish ground rules on how they work with these people at each individual I I I Council Meeting January 18, 1982 -5- meeting rather than waiting for of the rules of order and allow as the meeting goes along. the public hearings. Maybe drop some for these people to give information Mayor Hamilton - The Lake Study Committee at this point is in limbo and until the Planning Commission acts on it to formalize another committee to be called Lake Study or the Enviror~ental Protection or whatever you would like to call it, then when that co~nittee is formed and whether that would be from the same people, hopefully it would draw from the same people who have been on it, then that issue should be discussed among the new group. Scott A. Martin -I am just wondering if maybe what we are not heading towards is the postponement of next weeks meeting until this is resolved since we do have a member of the Biological Institute coming in. Mayor Hamilton - That's exactly what I am saying. The Lake Study COIrrmittee at this point is in limbo. URBAN HENNEPIN COUNTY CITIZENS ADVISORY COMtlITTEE: Councilman Neveaux moved to appoint Char lies Hodge to the Urban Hennepin County Citizens Advisory Corr~ittee. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. PARK AND RECREATION COMMISSION APPOINTMENT: Councilman Horn asked how come candidates are notified about meetings prior to Council approval? He further asked what are the boundaries that are defined of areas of representation? Council members expressed concern that this vacancy was not advertised. The City Manager was instructed to set up a joint meeting with the Council and Park and Recreation Commission. Councilman Horn moved to-instruct the Park and Recreation Commission that it is the Council's policy that any open vacancies are to be advertised and the proper procedure taken. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. Councilwoman Swenson and Councilman Neveaux voted no. Motion carried. UTILITY FUND BUDGET/AME1~ lIRA BUDGET~ The Manager presented the proposed 1982 Utility Fund Budget. Although this budget had been presented asa part of the 1982 budget document in October, 1981 no action was taken on this section of the budget due to time requirements for other funds and the non-necessity for adoption at that time given no proposed property tax levies. Changes presented at this time include: 1). Deletion of the $15,800 transfer from the utility fund to the general fund included in the previous years-for general expenses 'not included in specific departments, i.e. equipment/building rental, property insurance, etc; and 2) . Including one-half of. the øssets /liahilities _ass()ciatedwith the old diseased tree fund as disolved in October (one-half of the assets to the utility fund and one-half of salary expenses to continue Doug Mitchell's employment); and 3). No change is included to the IIpercent distributions for expenses included in the Manager's office and charged to the utility dept. (l2Yz% of salary plus 30% of· office supplies/copy- machine accounts) with these items proposed to be considered as apart of the 1983 budgetary process. Mayor Hamilton stated that the percent distributions should be changed as a part of the 1982 budget. He concurred that the deletion of the $15,800 had been discussed as a p~rt of the October action and should be made. Councilman Geving stated that the proposed rate increase should be deleted if at all possible and that the I1reserve account" should be re-shown. Council Meeting January 18, 1982 -6- No action was taken with the Manager stating that he would re-present a budget reflecting Council requests. CONSENT AGENDA: Mayor Hamilton asked if members wished to discuss any items on the consent agenda. The following items were removed: (c) Beach Lot Ordinance, (e) Lotus Lake Estates Beach Lot Conditional Use Permit Amendment, and (g) Rules of Procedure. There being no further comments, Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations. a. Establish Police Committee Ordinance. b. Park Charge Fee. Resolution 82-03. d. Set Meeting Date, Water Surface Usage, February 8. f. Water/Sewer Unit Availability Charges, Americ-Inn. h. Carver County Assessing Contract, Addendum. i. Set Date to Review Liquor License Fees, February 1, 1982. j. Park Two Development Contract. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. BEACH LOT ORDINANCE: Council members discussed the proposed ordinance. Councilman Horn moved to accept the proposed Beach Lot Ordinance with the deletion of any references to restrict seaplanes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. LOTUS LAKE ESTATES BEACH LOT CONDITIONAL USE PERMIT AMENDMENT: Councilwoman Swenson moved to approve the Lotus Lake Estates Beach Lot Restated Conditional Use Permit. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. RULES OF PROCEDURE, FORMALIZE AMENDMENT: Councilman Horn moved to approve the rules of procedure amendment. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. STATE/LOCAL FINANCIAL CRISIS: A Legislative Action Conference, sponsored by the League of Minnesota Cities will be held on January 27th at the Holiday Inn Central in St. Paul. The City Manager advised the Council that staff will be preparing a list of proposed budget cuts for the February 1 Council meeting. illlBRELLA LIABILITY INSURANCE: The City Attorney advised the Council that application has been made for public officials and employees liability coverage for the HRA. I I Russell Larson - As I reported to this Council on July 26, 1980, the State Law places $100,000/$300,000 limit on tort liability, that's negligent action. We did not attempt in that report to address the issue of whether the dollar limitation is constitutional except to observe that in a very serious case involving substantial loses in excess of those limits that a court could easily find that the statutory limit of I $100,000/$300,000 is unconstitutional. We see the number öf large awards increasing and, therefore it would be in order to take the umbrella coverage. That's going to cost $2,000 a year. Then you have got a $10,000 deductible. Again, as I point out in the letter of July 26, that you have these options. You have to make the choice. Council Meeting January 18, 1982 -7- I Fortunately at that time you took the public officials liability coverage, a month later you were sued. I am leaning towards recommending umbrella coverage because I am a little bit afraid of an adverse verdict that would be over the $100,000/$300,000 limitation and that our Supreme Court, as it's now constituted, may say that the statutory limitation is unconstitutional as taking away a property right. There are no other limitations in any other coverages I can think of. The death limit is gone. Again, it's going to cost you money. Don Ashworth - I could get a proposal. It would be a binder onto our existing policy. It would probably be a short term rate for the remaining portion of the year. If the coverage were extended the following year, they would go back and re-rate us for the full 18 month period. Russell Larson - You have to remember that you have that $10,000 retention which is a deductible. Don Ashworth - Two courses of action. You could drop the item or instruct me to come back with a specific endorsement cost. That would also have to encompass some kind of a budget modification to pay for the premium. Russell Larson - In my report of July 26 I made no recommendation at that time. I am prepared at this time to recommend that you do get the umbrella coverage. Mayor Hamilton - I think Don should come back with a report on the umbrella coverage and costs. POLICE ADVISORY COMMITTEE: Mayor Hamilton volunteered to be the Council representative on this committee. I Councilman Horn moved to appoint Mayor Hamilton as the Council representative to the Police Advisory Committee. Motion seconded by Councilman Neveaux. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Horn and Geving. Mayor Hamilton abstained. Motion carried. Councilman Geving moved to adjourn. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Meeting adjourned at 11:00 p.m. Don Ashworth City Manager I 4