1982 07 19
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REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 19
1982
Mayor Hamilton called the meeting to order
present: Councilwoman Swenson, Councilmen
meeting was opened with the Pledge to the
Commission, was present.
with the following members
Neveaux, Geving, and Horn. The
Flag. Bill Swearengin, Planning
~ff~QY~h_Q~_~~f~Q~~ Councilman Neveaux moved to approve the agenda as
presented with the following changes:
Item 8, Traffic Analysis Report for Downtown Redevelopment Project be
moved to the Consent Agenda,
Remove item f, Set Special Meeting Date, 1983 Budget Priorities, from
the consent agenda,
Remove item g, County Road 17 and Highway 5 Signalization, from the
consent agenda,
Discussion on Attorney Charges, Master Gardener Sign, Tree
and Goodwill Box. Motion seconded by Councilman Horn. The
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Geving, and Horn. No negative votes. Motion carried.
Hole Mosquito,
following voted
Neveaux,
CITIZEN OF THE YEAR: Council members
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for being chosen "Citizen of the Year"
Commerce.
congratulated Councilman Neveaux
by the Chanhassen Chamber of
Councilwoman S~enson moved to proclaim Councilman John Neveaux as "Citizen
of the Year". Motion seconded by Councilman Horn. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and
Horn. Councilman Neveaux abstained. Motion carried.
MINUTES:
Councilwoman Swenson moved to approve the June 14, 1982, Council
Motion seconded by Councilman Geving. The following voted in
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and
Councilman Horn abstained. Motion carried.
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minutes
favor:
Geving.
Mayor
View.
Hamilton requested a status report
This item will appear on the next
on
on the Tri-plex
council agenda.
Lot
2 ,
Sunset
Councilman Horn moved to approve the June 21, 1982, Council minutes.
Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilwoman
Swenson abstained. Motion carried.
to approve the June 30, 1982, Continuation of
Motion seconded by Councilwoman Swenson. The
Councilwoman Swenson, Councilmen Neveaux and
Councilman Horn abstained. Motion carried.
Councilman Neveaux moved
Board of Review meeting.
following voted in favor:
Geving. Mayor Hamilton and
Councilman Geving moved to note the June 10, 1982, 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.
Council Meeting July 19, 1982
-2-
Councilman Geving moved to note the June 25, 1982, Planning Commission
minutes. Motion seconded by Councilman Neveaux. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving,
and Horn. No negative votes. Motion carr1ed I
Coon,ilm,n Ne,e,o, mo,ed to note the Jone 8, :982, En,i,onment" P'ote,tion
Committee 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
Committee
voted in
Geving,
Horn moved to note the June 22, 1982, Environmental Protection
minutes. Motion seconded by Councilman Geving. The following
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
and Horn. No negative votes. Motion carried.
" !iQ_f~~.KI~~~_~I~~~J.._I~~YI.!L.!H.~.L!:!~ M i c h a e 1 We g 1 e r, 66 30M 0 h a ~I k D r i v e ,
has requested the Council restrict parking in the area of his residence.
Staff recommended that the Council reaffirm the neighborhood usage aspect
of the Carver Beach facilities including establishment of parking
restrictions to enforce this police, namely along the entire length of
Lotus Trail. Restrict parking on Mohawk, Pawnee, and Deerwood because
of the deficient street width and sharp curves that will not accommodate
parking, especially of cars with trailers. Review the Lotus Lake Park
plan in terms of providing a multiple use community lakeside facility
that allows for proper control to insure enforcement of ordinances.
Mr. Wegler was present and further requested that the Council consider
including Fox Hill Drive in the request for "No Parking" signs.
Councilman Neveaux moved to approve the City Engineer's memorandum of
July 19, 1982, with the addition to his recommendation #2 that parking be
restricted on Mohawk Drive, Napa Drive, Pawnee Drive, Deerwood Drive and
north side of Fox Hill Drive and that improvements to existing signage along
Lotus Trail be instituted. Motion seconded by Councilwoman Swenson. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Geving and Neveaux. Councilman Horn voted no. Motion carried.
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RESOLUTIDN #82-42: Councilman Neveaux moved the adoption of a resolution
designating the restriction of parking or incorporating the streets within
the Carver Beach neighborhood named Mohawk Drive, Napa Drive, Pawnee Drive,
and Deerwood Drive and the north side of Fox Hill Drive as designated
"No Parking" zones. Resolution seconded by Councilman Geving. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux and Geving. Councilman Horn voted no. Motion carried.
~~f~II~~_hf~IQ~_Q~~~~hf_I~IQ~II~II~~_hIQ~Q~_hIII~~I_~ffhII~IIQ~~
Councilman Horn asked the City Attorney if the legion has met all the
ordinance requirements of the City and State Law. The City Attorney
stated yes, but he is concerned that service is to only members of
the American Legion and their legitimate guests. He further stated he
was concerned about the private parties, ie, weddings, etc. and stressed
that they had to be sponsored by a legion member The legion has indicated
that they may open only at 4:00 p.m. to 10:00 or 11:00 p.m. The City
Attorney will check the Legion dram shop coverage to insure that it is in I
proper form and their public liability coverage. The Legion will have to
provide a bond which will be reviewed by the City Attorney.
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Council Meeting July 19, 1982
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Councilman Geving moved to approve the Chanhassen American Legion Post
#580 request for an on-sale intoxicating liquor license as presented
tonight in the City Manager's memorandum dated July 19, 1982, conditioned
upon the City Attorney reviewing the dram shop liability insurance and
other necessary data prior to the issuance of the license. Motion
seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No
negative votes. Motion carried.
~IYII~_~f~~f~~I_QI~I~~~IIQ~~ Councilman Horn moved to notify Sheriff
Schalow that a change in sergeant's take place as per the City Manager's
memorandum of July 16, 1982. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
~IIQ~I~~_~IQ~I~IJ.._~~lQ_~~hfl~_~hYQ~J.._~I~hI_YQh.K~ Mr. Volk has requested
that this item be postponed. Councilman Neveaux moved to table this item
to the first meeting in September. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried
QIII~_~~II~_~hIQIJ.._~Q~_fhrl~~_fhQ~Q_Q~IYI~ Mr. Don Christy was present
seeking a variance to Ordinance 45 for the construction of a recreational
water slide at 608 Flying Cloud Drive. Staff recommended denial of the
request based upon the lack of any apparent hardship and the proposal's
inconsistency with the purpose and intent of Ordinance 45, the adopted
Comprehensive Plan and the proposed Revised Zoning Map for this area.
Councilman Geving moved to deny the request for the Robert Julius!
Don Christy properties for the Otter Water Slide based upon the staff
memorandum of July 14, 1982, in regard to the purpose and intent of
Ordinance 45, the adopted Comprehensive Plan, and the proposed Revised
Zoning Map for this area, as well as other considerations such as,
traffic and the fact that this is part of the bluff of the Minnesota
River Fish and Wildlife Refuge. Motion seconded by Councilwoman Swenson.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
Staff was instructed to check the time limit on the Brambilla Conditional
Use Permit on this property.
!iI~_~Q~IIQ!i_~~~f~~~f!iI_~~~II~f!il~ Councilman Horn moved to authorize
the Mayor and City Manager to sign the second amendment to the development
contract as attached to the July 19, 1982, staff report. Motion seconded
by Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
l~fQ~~Q~I~I_f~QIIQ~~I~___~~I~~h_fQ!iI~Qh_Q~QI!i~!iff~ Mayor Hamilton moved
to place on first reading an ordinance licensing and regulating dogs and
cats, providing for impounding of dogs and cats, and prescribing a penalty
for violations. Motion seconded by Councilwoman Swenson. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
Council Meeting July 19, 1982
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~III~Q~!iII_fQ~lfrJ.._Illr_fQ~~I~~IQ~J.._IQ~~lllfI~J.._~~Q_~~~~ Mayor Hamilton
moved that the Council establish minimum guidelines for all City of
Chanhassen commissions, committees, and HRA to follow for attendance
If three consecutive meetings are missed without notifying the Chairman
of special circumstances or if less than 75% of the meetings are attended
the committee, commission or HRA will take action. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
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~lh~2~ Councilman Horn moved to approve the bills as presented: checks
#13709 through 813810 in the amount of $2,024,5l9.33, check #13843 in the
amount of $3,180.00, and checks #17906 through #l7991 in the amount of
$830,634.09. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
fQ~~I~I_~~I~Q~~ Councilman Neveaux moved to approve the following consent
agenda items pursuant to the City Manager's recommendations:
a. Police Contract, Accept Amendment.
b. 1983 CETA contract.
c. Authorize Transfer of Funds, MSA Account to Kerber Blvd. Construction
Account. RESOLUTION #82-43.
d. Hanus Development Contract, Delete Landscape Requirement.
e. Fire Station 81, Budget Amendment, Roof Repairs. RESOLUTION #82-44.
h. Traffic Analysis Report for Downtown Redevelopment Project Area. ~
Motion seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. I
No negative votes. Motion carried.
~fIII~h_~IIII~~~ Councilman Neveaux moved to change the regular meeting
from August l6 to August 23, 1982. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
fQ~~lr_~Q~Q_II_~~Q_~I~lf_~I~~~~r_2_21~~~hll~IIQ~~ The Engineer will
continue to work with the County and State for immediate temporary
improvements (larger stop signs, restriping, and possibly rumble strips)
MnDOT suggested the installation of a temporary flasher. They estimate
the cost to be less than $5,000 which the City would have to pay. Council
members decided to not take immediate action on the flasher.
~~I_h~~Q_f~I~Q~_~IIQ~~I~ Mayor Hamilton and the City Manager have met
with Rick Murray to negotiate a settlement regarding the Skaar and
M c C u 1 Iou g hat tor n e y b ill s d e a 1 i n g wit h the L 0 vet a n g 1 i t i gat ion . A n
agreement was reached splitting the bills in half, with the City paying
h a 1 f .
Mrs. Lovetang has filed sui t against the City and B-T Lan d Company.
The Assistant C it y Attorney reported that B-T Land Company's attorney has
offered to represent both B - T Land Company and the City of Chanhassen on
the appeal for a f 1 a t fee of $2,000 to the C i t Y plus printing costs. I
H e advised the Council that he felt the C i t y , s interests are not wholly
compatible with B - T Land Company's interests.
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Council Meeting July 19, 1982
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Councilman Horn moved to authorize Skaar and McCullough to represent the
City of Chanhassen. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
~I~fh~!iI_IQ~fh~I~I~ Councilman Neveaux noted that a seaplane has been
moored just north of Leach's Resort on Lake Minnewashta. A sign has been
installed offering seaplane rides. The Building Inspector has written
the seaplane owner a letter requesting that the sign be removed. The
sign has been removed. The Building Inspector was instructed to find out
if the seaplane owner has the appropriate state licenses.
~f_QQ~~~Q~~_hlll~~IIQ~~ The Assistant City Attorney discussed the
litigation. The City Manager recommended that in accordance with the
court order of July l2, 1982, no building permit or further action will
be taken by the City on the proposed McDonald's facility located at
Dakota Avenue and State Highway 5.
Mayor Hamilton moved to accept the City Manager's recommendation. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No
negative votes. Motion carried.
~IIQ~~fr_f~~~~I~~ Mayor
made in house instead of
Hamilton suggested that more decisions
contacting the City Attorney's office.
should
be
Councilwoman Swenson left the
meeting.
~~~II~_~~~Qf~I~_~I~~~ Mayor
sign be moved and lowered at
State Highway 5.
Hamilton requested that the "Master
its present location near the City
Gardener"
sign on
GOODWILL BOX:
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unsightly.
and Goodwill
The Goodwill box and the area around it is looking
The City Manager will write a letter to Bloomberg Companies
requesting that it be moved to another location.
l~fI_~Qhf_~Q~~~IIQ~
asking that he write a
letter has not appeared
The City Manager has sent a letter to
letter for the Carver County Herald.
in the Herald.
Dr.
To
McCollum
date the
hIIII~_IQ_I~I_fQIIQ~~ The City Manager included in the July 19 Council
packet, a letter he wants to send to the Carver County Herald regarding
the illegal dumping of hazardous material in Chanhassen. Council members
supported the letter and asked that it be sent under their signature.
A motion was made by Councilman Geving and seconded by Councilman Horn to
adjourn. The following voted in favor: Mayor Hamilton, Councilmen
Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at
1 1 : 3 0 p. m .
Don Ashworth
City Manager