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1981 04 06 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING APRIL 6, 1981 Acting Mayor Neveaux called the meeting to order at 7:15 p.m. with the following members present: Councilmen Horn and Geving. Mayor Hamilton and Councilwoman Swenson came late. The meeting was opened with the Pledge to the Flag. LAKE MINNEWASHTA REGIONAL PARK UPDATE: Annalee Hanson, Chanhassen's representative on the Carver County Park Commission, gave a report to the Council on the status of the park. Councilman Horn asked for copies of the approved conditional use permit. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with the following additions: Update on the City Hall and Public Works buildings, Set date for tour of various areas in the City. Natural Green. and Police Committee. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton. Councilwoman Swenson. Councilmen Neveaux, Geving. and Horn. No negative votes. Motion carried. MINUTES: Councilman Horn moved to approve the March 16, 1981, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Horn and Geving. Councilwoman Swenson and Councilman Neveaux abstained. Motion carried. Councilman Neveaux moved to note the March 3, 1981, Park and Recreation Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilman Neveaux, Horn, and Geving. No negative votes. Motion carried. Councilman Geving moved to note the February 4 and 18. 1981, Shooting Ordinance Committee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton. Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. WEST 78TH STREET CLEAN UP, ORDINANCE AMENDMENT: Councilwoman Swenson moved to place on first reading an ordinance requiring private commercial properties within the downtown area to be cleaned. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton. Councilwoman Swenson, Councilmen Neveaux, Horn, and Geving. No negative votes. Motion carried. Staff was directed to send a letter to the business owners advising them of the proposed ordinance. 1981 LIQUOR LICENSE APPLICATIONS: Councilman Geving moved that the City Attorney be instructed to write a letter to Don Kallestad directing him to appear before the Council on April 20. 1981. to discuss alleged violations at the Pony Express Bar. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton. Councilwoman Swenson, Councilmen Neveaux. Horn, and Geving. No negative votes. Motion carried. St. Hubert's has not returned their on-sale non intoxicating license application. Councilman Neveaux moved that the licenses requested by Bloomberg Companies, Inc., On-Sale Intoxicating. Off-Sale Intoxicating, Sunday Sales, On-Sale Non Intoxicating, and Off-Sale Non Intoxicating be renewed for 1981. 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 Minutes April 6, 1981 -2- Councilman Neveaux moved that the licenses requested by Pauly's, Inc.; On-Sale Intoxicating, Off-Sale Intoxicating. and Sunday Sales be renewed for 1981. Motion seconded by Councilwoman Swenson. The following voted in favor: Councilwoman I Swenson, Councilmen Neveaux, Geving. and Horn. Mayor Hamilton voted no. Motion carried. Councilman Geving moved that the licenses requested by Riviera Club, Inc.; On- Sale Intoxicating and Sunday Sales be renewed for 1981. 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 Geving moved to table action on the Chanhassen American Legion Post #580 application until April 20, 1981. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Horn. and Geving. No negative votes. Motion carried. Councilman Neveaux moved that the license requested by Kenny's Super Markets. for On-Sale Non Intoxicating be renewed for 1981. 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 that the license requested by Superamerica for Off-Sale Non Intoxicating be renewed for 1981. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Neveaux moved that the license requested by Bluff Creek Golf Association for On-Sale Non Intoxicating be renewed for 1981. 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 Councilman Geving moved that the license requested by Chanhassen Fire Department for On-Sale Non Intoxicating be renewed for 1981. 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 Neveaux moved that the license requested by Holiday Stationstores, Inc. for Off-Sale Non Intoxicating be renewed for 1981. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux. Geving, and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to table action on St. Hubert's Church license application until such time as it is submitted. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton. Councilwoman Swenson, Councilmen Neveaux, Geving. and Horn. No negative votes. Motion carried. MINNETONKA WEST JUNIOR HIGH STUDENTS: Students present questions individual council members their views on different agenda items. LAKE SUSAN WEST: Rod Hardy. representing Dunn and Curry. advised the council that the application for Lake Susan West has been withdrawn effective immediately. I DEVELOPMENT CONCEPT, MINNETONKA, INC. Representatives of Minnetonka, Inc. revie~ved a tentative development proposal to develop an approximate 400,000 square foot campur facility located on the northeast quadrant of Highways 5 and 41. I I I Council Meeting April 6, 1981 -3- Given the fact that this is a concept discussion, Councilman Neveaux moved that the Council encourage the developer to continue work with staff investigating the inherent problems in the proposed site at the corner of Highways 41 and 5. Those problems being with the extension of utilities, extension of the MUSA line, problems inherent in the city comprehensive plan. Direct staff to assist Minnetonka, Inc. in resolving those problems at that site contacting the Metropolitan Council for thoughts about the extension of utilities and the MUSA line. Working with Mark Koegler and Scott Martin on the comprehensive plan and get back to the Council at the earliest possible time. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving. and Horn. No negative votes. Motion carried. FEASIBILITY STUDY, AMERICAN LEGION POST #580: Councilman Neveaux moved to authorize the Engineer to proceed with a feasibility study for the property based upon the request of the American Legion Club and that an escrow account of $500 to cover such be requested of the Legion as a part of the application. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. REPLAT REQUEST, LOTS 2 AND 3, BLOCK 1, ZAMOR ADDITION: Mr. Zamor was present seeking Council approval to replat the above named lots in order to allow for additional parking on Lot 2 for Cannonball Kitchens. Councilman Neveaux moved to approve the replat request as submitted by Bob Waibel, Planner, in his memorandum of April 2, 1981, with the understanding that it meets with the concurrence of the City Manager and that all requests for consideration in regard to lighting, etc. and the Planning Commission recommendation of March 25. 1981, be incorporated and that the metes and bounds replat be authorized because of its parallel configuration. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Horn, and Geving. No negative votes. Motion carried. FOX CHASE DEVELOPMENT: Several Pleasant View area residents and representatives of Derrick Land Company were present. Derrick Land Company is proposing changes in-the road alignment, width of paved street, and additional lots. Further they are requesting that building permits for certain lots be issued immediately. Mayor Hamilton poi~ted out that these requests are covered by the city ordinances and those ordinances state that if there are any changes requested in a final development plan, after approval, such changes must go to the Planning Commission for a public hearing. Councilman Neveaux moved to direct staff to publish the appropriate notices for the Planning Commission to hold a public hearing on the proposed changes to the July 1980 plan at the soonest possible time. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilman Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Geving expressed concern about the location of the trail through the property and the size of the beach lot. John Edwards, representing the Pleasant View neighborhood, stated that the neighborhood has met with Mr. Derrick and they felt that because of the changes that have taken place since the initial public hearing that the proposed plan rightfully should go back through the process of the City. The neighborhood does feel that they can. along with the developer and contractor, work out the details that are acceptable to the neighborhood. city staff, and council. RESIGNATION, JACK HUNGELMANN, LAKE STUDY COMMITTEE: Councilman Neveaux moved to accept the resignation of Jack Hungelmann from the Lake Study Committee with a letter of Council Meeting April 6, 1981 -4- commendation and/or thank you be submitted to him. An advertisement be placed to fill this position from the Lake Riley area. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton. Councilmen Neveaux, Horn, and Geving. Councilwoman Swenson voted no. Motion carried. RECONSIDER SPECIAL ASSESSMENTS. MAC PHERSON, 3941 CHURCH ROAD: Mr. MacPherson was present requesting the council defer five sewer assessments levied against his property. The Council previously reduced the amount of the assessments because this property did not have an improved road. The City Manager recommended no change in the assessment until such time as it's determined that Mr. MacPherson cannot develop his property. The property gains access from a cartway on the west side of Cathcart Field and has frontage on State Highway 7. Council members directed the Engineer to determine if this property meets the criteria of frontage on a public street using the criteria for the North Serviçe Area, also if the cartway is a public street. Councilman Geving moved to table action to April 20, 1981. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. HANUS DEVELOPMENT CONTRACT: This item was table to April 20, 1981. CITY HALL/LIBRARY AND PUBLIC WORKS BUILDINGS: Councilman Horn discussed items such as ceiling stain in the lobby and entryway, glass along the inside doors. cam action doors, chipped concrete stairs, broken curb, etc. which came out of a community facilities tour of the two buildings. COUNCIL TOUR: 1981, at 9:00 Council members will tour various projects in the city on May 2, a.m. NATURAL GREEN: The Assistant City Attorney reported on the progress of the lawsuit. POLICE COMMITTEE: Mayor Hamilton reported that the committee has met and will have a recommendation to the Council by May 1. CARVER COUNTY POLICE DEPARTMENT: Mayor Hamilton requested that Sheriff Schalow or Captain Wallin meet with the Council to review what the police are doing in Chanhassen. CONSENT AGENDA: Mayor Hamilton asked if any council members wish to discuss any item on the Consent Agenda. As there were no additional comments, Councilman Geving moved to approve the Consent Agenda pursuant to the City Manager's recommendations. a. County Road 18 Alignment Preferences. RESOLUTION #81-08. b. North Lake Susan Public Improvement Project, Well Construction Contract Authorize Completion Extension. c. Larson Subdivision, Final Plat Approval, Church Road and Highway 7. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson. Councilmen Neveaux, Geving. and Horn. No negative votes. Motion carried. MWCC, SEWER SERVICE AREA ADVISORY BOARD: The MWCC is requesting the city appoint a representative to the Sewer Service Area Advisory Board. VOLill1TEER RECOGNITION WEEK, RESOLUTION: This item will be on the April 20 Council agenda. I I I I I I Council Meeting April 6, 1981 -5- Councilwoman Swenson moved to adjourn. Motion seconded by Councilman Horn. following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving, and Horn. No negative votes. Meeting adjourned at 12:00. Don Ashworth City Manager The Neveaux,