1981 04 20
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REGULAR CHANHASSEN CITY COUNCIL MEETING APRIL 20, 1981
Mayor Hamilton called the meeting to order with the following members present: Councilmen
Neveaux, Horn, and Geving, and Councilwoman Swenson.
RECOGNITION OF CHANHASSEN DINNER THEATRE'S "I DO, I DO" Mayor Hamil ton officially
presented the "Maple Leaf Award" to the Chanhassen Dinner Theatre in celebration of
ten years of continuous performances of "I Do, I Dol!. Accepting the award were Dave
Andres and Sue Goppinger, for their years of performances, and Herb and Carol Bloomberg
representing Bloomberg Companies.
PUBLIC HEARING
INDUSTRIAL REVENUE BOND APPLICATION
KRAUS ANDERSON
Mayor Hamilton called the public hearing to order. The purpose of this hearing is
to consider the industrial revenue bond application for approximately $8.5 million.
The City Attorney reviewed his report of April 15, 1981. I
Councilman Neveaux moved to close the public hearing. Motion seconded by Councilman
Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
INDUSTRIAL REVENUE BOND APPLICATION PRELIMINARY RESOLUTION: RESOLUTION #81-11:
Councilman Horn moved the adoption of a resolution as proposed to be amended by the
City Attorney in his April 15, 1981, memorandum. Resolution seconded by Councilman
Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
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Councilwoman Swenson moved to amend Resolution 81-07, Resolution Establishing Industrial
Development Revenue Financing Criteria, to read ~ of 1% plus direct outside costs.
Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Horn, and Geving. No negative votes. Motion
carried.
Councilwoman Swenson moved that in compliance with the League of Minnesota Cities,
the mayor write a letter in behalf of the City Council in opposition to H.F. 22 and
in support of S.F. 73. 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: Amend the second sentence under RECONSIDER SPECIAL ASSESSMENTS, MAC PHERSON,
3941 CHURCH ROAD in the April 6, 1981, Council minutes to read: The Council previously
reduced the amount of the assessments because this property did not have an improved
road as a part of the project construction.
Councilman Geving moved to approve the April 6, 1981, Council minutes as amended.
Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
Councilman Geving moved to approve the March 30, 1981, Council 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.
Councilwoman Swenson moved to note the April 7, 1981, Park and Recreation Commission
minutes and to request more elaboration in the 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.
April 20, 1981, Council Minutes
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201 STUDY, REVIEW CURRENT FEDERAL FUNDING: Virginia Harris was present to discuss
the status of federal funding for this program. Due to the restrictions on federal
funding the residents along West 96th Street will no longer benefit by the funding
to connect to the city sewer system. Options still open are the upgrading of
individual systems or construction of a community septic system.
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DOWNTOWN CLEAN UP ORDINANCE: Councilman Horn moved to approve an Ordinance
Providing for the Collection of Charges for Performance of Services Relating to
Sidewalks, Weed Elimination, Removal of Public Health or Safety Hazards, Water
Service Lines, Dust Treatment of Streets, Tree Care and Removal, and Street
Lighting. Section 3.02, Special Assessment Procedure, should have the date of
August 1st inserted. Motion seconded by Councilman Horn. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
A resolution designating parcels to be swept will be on the May 4th Council agenda.
LIQUOR LICENSE APPLICATION, PONY EXPRESS BAR: Councilman Neveaux moved that the
licenses requested by Kallestad Enterprises, Inc., dba Pony Express Bar, Off-Sale
Intoxicating and On-Sale Intoxicating be renewed from May 1, 1981 to April 30,
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.
LIQUOR LICENSE APPLICATION, CHANHASSEN AMERICAN LEGION POST #580: Councilman
Neveaux moved the issuance of a bottle club license to the Chanhassen American
Legion Post #580 and staff be directed to pursue the application for On-Sale
Club License and report back as soon as possible. Motion seconded by Mayor
Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
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Councilman Neveaux moved the issuance of On-Sale and Off-Sale Non Intoxicating
licenses to the Chanhassen American Legion Post #580. Motion seconded by Councilman
Horn. The following voted in favor: Mayor Hàmilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
LIQUOR LICENSE APPLICATION, ST. HUBERTIS CHURCH: Councilwoman Swenson moved
the issuance of an On-Sale Non Intoxicating Liquor License to St. Hubertls Church
for the dates specified in the application. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
BILLS: Councilman Horn moved to approve the bills as presented with the following
exceptions: Check 16390 to Boarman Architects, Inc. in the amount of $3,989.24
to be held until after the Council tours the buildings and check 16387 to BRW, Inc.
in the amount of $4,220.23 to be voided and a check issued for their invoice 28623
in the amount of $1,929.25. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn.
Councilman Neveaux voted no. Motion carried.
NORTH SERVICE AREA ASSESSMENT APPEAL, MARK MACPHERSON: Mr. Macpherson was
present requesting his assessments levied against Lot 7, Schmidls Acres, be
deferred.
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Councilman Geving moved to table action and direct Schoell and Madson and staff
to provide the Council with the assessment criteria used in the North Service
Area assessments and to review the entire }hcpherson property. 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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Council Meeting April 20, 1981
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NORTH SERVICE AREA ASSESSMENT APPEAL, MARTHA JEAN HOLLOWAY, BOYER'S STERLING ESTATES:
Ms. Holloway was present requesting the deletion of one sewer and water trunk and
lateral assessment levied against Lot 6, Block 1, Boyer's Sterling Estates as she
claims the covenants do not allow the lot to be subdivided for any more than one
homesite. The property has currently been assessed two sewer and water lateral and
one sewer and water trunk charge. The Assistant City Attorney, in his letter of
April 10, 1981, states that the language in the covenants does not prohibit subdivision
but merely specifies the number of residences which may be built on a lot. No action
was taken.
NORTH SERVICE AREA ASSESSMENT APPEAL~ JOSEPH BOYER, BOYER'S STERLING ESTATES: Joe
Boyer was present requesting the deletion of one sewer and water trunk and lateral
assessment levied against Lot 7, Block 1, Boyer's Sterling Estates as he claims the
covenants do not allow the lot to be subdivided for any more than one homesite. The
property has currently been assessed two sewer and water lateral and one sewer and
water trunk charge. The Assistant City Attorney, in his letter of April 10, 1981,
states that the language in the covenants does not prohibit subdivision but merely
specifies the number of residences which may be built on a lot.
Mayor Hamilton moved to table until a map showing the proper dimensions of the property
is presented. Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
PRELIMINARY DEVELOPMENT PLAN, WALDRIP ADDITION: Mr. Waldrip was present seeking
preliminary development plan approval for the construction of 38 residential units
in the form of eight units of double bungalows, 12 units of four-plex and 17 units
of townhouses on his property located in the northeast quadrant of the intersection
of Lake Lucy Road and Galpin Blvd. The Planning Commission held a public hearing
and recommended denial based on the density, traffic accesses as currently planned, and
the nature and number of units. Council members generally agreed that a road should
be build internally instead of each double gaining access to Galpin Blvd.
Councilman Geving moved to deny the developer proposal submitted by Mr. Waldrip
based on the Planning Commission recommendation of density~ character of the
development as it relates to the surrounding area; i.e. no single family homes included
in the proposed development, and accesses on to Galpin Blvd. Motion seconded by
Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilmen Horn and
Geving. Councilman Neveaux and Councilwoman Swenson voted no. Motion carried.
Councilwoman Swenson - Density should be reduced. The design is most attractive.
I have to go along with the center road.
Councilman Horn - I think it has to have an interior street. I voted in favor of
the motion because of density and the street.
SITE PLAN AMENDMENT REQUEST, LYMAN LUMBER: Bill Ziemer was present seeking approval
to construct a 24' x 64' metal storage shed in the lumber distribution yard.
Councilman Neveaux moved to approve the request for the construction of a 24' x 64'
metal storage shed as outlined in Planning Case P-059. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
FRONT AND SIDE YARD VARIANCE REQUEST, 825 LONE EAGLE DRIVE: Mr. Kelly Kreatz is
requesting a 7' side yard variance and 19' front yard variance in order to construct
a double garage on his property at 825 Lone Eagle Drive. The Board of Adjustments and
Appeals recommended the Council approve a 7' side yard variance and a 17' front yard
variance for the reasons of the severe grade and the inability of the applicant to
purchase property to the west.
Council Meeting April 20, 1981
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Councilwoman Swenson moved to accept the recommendation of the Board of Adjustments
and Appeals and grant the variances. Motion seconded by Councilman Horn. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Horn,
Geving, and Neveaux. No negative votes. Motion carried.
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SITE PLAN AMENDMENT REQUEST, LOT 1, BLOCK 1, CHANHASSEN LAKES BUSINESS PARK
DAY CO CONCRETE: The construction of an approximate 18,000 square foot building
was previously approved by the Planning Commission and Council. This amendment
consists of reorientation of the building toward Park Drive on the east.
Councilman Geving moved to approve the DayCo Concrete site plan amendment as shown
on Exhibit A dated April 20, 1981, and direct staff to work out the westerly
parking arrangement with the owner. Motion seconded by Councilman Horn. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
INDUSTRIAL REVENUE BOND APPROVAL, FLUOROWARE: Councilman Horn moved thee.adoption
of RESOLUTION #81-10 providing for the issuance of the revenue note for Fluoroware.
Resolution seconded by Councilman Geving. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
CONSENT AGENDA: Mayor Hamilton asked if any council members wished to discuss
items on the consent agenda. There being no additional comments, Councilman Horn
moved to approve the consent agenda items pursuant to the City Manager's
recommendations:
a. Industrial Revenue Bond Approval, Fluoroware, Resolution #81-10.
b. Park and Recreation Commission Resignation - Walter Coudron.
c. Engineering Consultive Services, Park Plans, Schoell and Madson. I
d. 1982 Preliminary LAWCON Application, Confirm Park Commission Recommendation.
e. City Park Designations.
f. Easement Vacation Request, Lots 7 and 8, Block 3, Chanhassen Estates First
Addition. Order Public Hearing.
Item g, Satellite Fire Station was discussed separately. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman
Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
SATELLITE FIRE STATION, CHANGE ORDER: Councilman Geving moved to approve Change
Order #1 as submitted. Motion seconded by Councilwoman Swenson. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Neveaux.
Councilman Horn voted no. Motion carried.
VOLUNTEER RECOGNITION WEEK:
RESOLUTION #8l-~21ðfiCouncilman Neveaux moved the adoption of a resolution proclaiming
volunteer recognition week. Resolution 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 to adjourn. Motion seconded by Councilwoman Swenson.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 1:30 a.m.
Don Ashworth
City Manager
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