1982 04 26
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SPECIAL CHANHASSEN CITY COUNCIL MEETING APRIL 261 1982
Mayor Hamilton called the meeting to order with the following members present:
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
PRELlMI NARY PLAT REVIEW, DERRI CK LAND DEVELOPMENT COMPANY, FOX CHASE:
Dave Sellergren, Attorney for Derrick Land Development Company, Kurt Laughinghouse,
ROSIer Derrick, and several area residents were present. (This is not a public hearing
and as such an attendance sheet is not necessary.)
The City Attorney reviewed his letter of April 8, 1982, reflecting the current legal
status of the Derrick development proposal. Council members generally discussed
conditions originally placed with both the City Attorney and City Engineer. Discussion
then proceeded to alternate Plan B, designated as City Council Exhibit A dated April
26, 1982.
The general consensus was that, if Plan B were to be considered, that all conditions
as setforth in July of 1981 would similarly be placed on Plan B. The City Council
proceeded to discuss the Planning Commission recommendations for Plan B. The
following conditions shown in the Planning Commission minutes of April 22, 1981, were
determined to be not applicable; i. e.
1. That the access to Fox Chase from Pleasant View Road be moved to the easterly
property line. /'
4. That the developer dedicate a right-of-way of 50 feet in width between Lots 26 and
27, Block 1, for possible future secondary access.
7. That the outlot may be incorporated into individual property as shown in Plan B.
9. That Plan B not be approved until the recommendations of the Planning Commission
are incorporated into a development plan.
The followinç' Planning Commission conditions, from their minutes of April 22, 1981,
were generally agreed to be placed as conditions if Plan B were to be approved:
2. That the proposed curvilinear street alignment be approved with the condition
that it be constructed to standards acceptable to the City Engineer and approved
by the Council.
3. That the only new direct access to Pleasant View Road be the newly platted Fox Path.
S. That the conservation easement be maintained and that within the conservation
easement there will be no alteration of lakeshore or installation of structures,
includinSl private docks without prior approval on an individl1al lot basis by the
City Council pursuant to the Conditional Use procedures of Ordinance 47.
6. That the developer be required to install a six foot bituminous path from Lot 12,
Block 1, north to Pleasant View Road along the east side of Fox Path.
8. That a permanent cul-de-sac, with the retention of right-of-way to the western
line of the plat, be constructed near the west end of Fox Path.
Additionally, condition #7 of the July 17, 1980, City Council conditions be changed by
adding: That the developer install an eight foot wide wood chip trail from the southerly
line of the plat within the utility easement, commencing at the southerly edge of the
property going northerly to the south line of Lot 12, Block 1.
Significant discussion occurred with regard to dockaqe riçrhts associated with Plan B.
The City Manager, Don Ashworth, stated that the City Council had neither granted
dockage riÇlhts nor restricted dockage rights associated with Plan A. That the City
Council should specifically include in any motion the statement that, in approving Plan B
with whatever conditions, that such neithet~ allows for dockage nor prohibits dockage.
The developer has previously been informed that the allowance for dockage rights, as a
part of the subdivision approval is a land use right which has been determined during
the development contract stage. The City Attorney agreed with the Manager's
position in that any approval of Plan B. should specifically state that the issue of
dockage and allowable uses within the conservation easement area is not a part of the
plan approval process under consideration this evening recognizing time limitations.
Council Meeting April 26, 1982
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Councilman Neveaux moved that the Council consider Plan B as the more preferred
of the two plans for the proposed Fox Chase Development including all 20 conditions
that were applied to Plan A, along with staff recommendations and Planning
Commission recommendations as setforth in the City Planner's report of April 9, I
1982. Motion seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Gevi ng, and Horn. No
negative votes. Motion carried.
Councilman Geving moved to approve the amended final development plan for Fox
Chase, noted as submission packet #2 and prel iminary plat as designated as
Exhibit A, City Council meeting April 26, 1982, subject to the 20 conditions
of July 21, 1980, and as subsequently modified, incI uding the staff and Planning
Commission recommendations shown on the April 9, 1982, memorandum from the City
Planner to the City Council, and the minutes of the City Council meeting dated
August 10, 1981, and incorporatinçr findings of Section 14.05, S(c) of Ordinance 47.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No
negâtive votes. Motion carried.
NORTH LAKE SUSAN IMPROVEMENT PROJECT, WELL #4, PUMPHOUSE PLANS AND
SPECIFICATIONS: RESOLUTION #82-19: Councilman Neveaux moved the adoption
of a resolution approving the plans and specifications and authorize the City Engineer
to adverti se for bids. Resolution seconded by Councilman Horn. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and
Horn. No ne~ative votes. Motion carried.
GENERAL MU~~ICIPAL STATE AID FUND: The City Engineer recommended the
Council establish a General Municipal State Aid Fund into which all state aid
construction funds are deposited and then can be released for the following purposes I
as approved by the Council:
1. MSA construction projects.
2. Feasibility studies for designated MSA streets.
3. Assessments on City property for improvements resulting from MSA projects.
I nterest generated from the fund can be used only upon Council authorization.
The Enç¡ineer recommended that the City as a whole should receive some benefit
from tile interest; i.e. small drainage projects.
Councilman Neveaux moved to accept the recommendation of the City Engineer to
establish a Municipal State Aid Fund. Motion seconded by Councilman Horn. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen fjeveaux,
Geving, and Horn. f\Jo negative votes. Motion carried.
STORM SEWER IMPROVEMENT PROJECT, CPT, DESIGNATE ENGINEERING FIRM:
The City Engineer recommended the Council retain Consulting Engineers Diversified,
Inc. for this project.
Councilwoman Swenson moved to retain Consulting Engineers Diversified, Inc. for
the CPT storm sewer project. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen l'Jeveaux, Geving,
and Horn. No negative votes. Motion carried.
REMODELING BUDGET REVISION, FIRE STATION #1: Councilman Neveaux moved
to accept the City Manaç¡er's recommendation and increase the previous allocation I
by $880.00. Motion seconded by Councilman Horn. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No neçrative votes. Motion carried.
SUNI'JYSLOPE ADDITION, ACCEPT IMPROVEMENTS AS MEETING DEVELOPMENT
CONTRACT REQUI REMENTS: The City Engineer and City Planner have review~rj
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Council Meeting April 26, 1982
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this project and recommended that the City relinquish title to Lot 11, Block 1, which
was held in escrow pending project completion.
Councilman Geving moved to approve the release of Lot 11, Block 1, subject to review
by the City Attorney concerning the lot retention in regards to payment of delinquent
taxes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Horn and Geving. Councilman Neveaux
voted no. Motion carried.
Councilman Neveaux - I voted no because I think we already have a development contract
with the individual and there are many, many developers and
other people out there that have delinquent taxes. I think itls
kind of a double standard.
"NO PARKI NG SIGNS" WEST 79TH STREET: Mayor Hamilton asked if all signs have
been installed. The City Engineer stated that all signs have been erected and the police
have been given a copy of the Council Resolution authorizing no parking along the
street.
ANIMAL CONTROL: Mayor Hamilton asked that a representative from Eden Prairie
attend a Council meetinÇl to discuss this program.
MA YORIS RESOLUTION #82-20: Councilman Neveaux moved the adoption of a resolution
requestin0 the Federal Government take whatever steps necessary to stop the nuclear
arms race. Resolution seconded by Councilman Horn. The following voted in favor:
Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilwoman Swenson
abstained. Motion carried.
Councilwoman Swenson - My reason for abstention is that I am in complete agreement
with this but I would be much more impressed if I could see
a resolution being passed on to the Russian people.
SPECIAL MEETING DATE, FIRE DEPARTMENT RELIEF ASSOCIATION: Mayor Hamilton
requested copies of the relief association information prior to the meeting. The
special meeting will be held May 10. Councilman Geving requested a comparison of
salaries with other communities.
LEGISLATIVE COMMISSION ON METROPOLITAN GOVERNANCE: A meeting will be held
May 5 at Shakopee Junior High chool to hear testimony regarding concerns about
regional government in the Metropolitan area and on the Metropolitan Council.
A motion was made by Councilman Neveaux and seconded by Councilman Horn to
adjourn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at
10: 50 p.m.
Don Ashworth
City Manager