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1981 05 18 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 18, 1981 Acting Mayor Neveaux called the meeting to order at 7:30 p.m. with the following members present: Councilwoman Swenson, Councilmen Geving and Horn. Mayor Hamilton was absent. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented with the following additions: Edina Foundation and Reschedule Tour Date. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. MINUTES: Councilman Geving moved to approve the April 13, 1981, Council minutes. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Amend the motion in the April 20, 1981, Council minutes under DOWNTOWN CLEAN UP ORDINANCE as follows: 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 Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. Amend the first paragraph of the April 20, 1981, Council minutes as follows: Mayor Hamilton called the meeting to order in the new municipal building at 690 Coulter Drive for the first meeting of city government in their new facility with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Amend by adding the following in the April 20, 1981, Council minutes under LIQUOR LICENSE APPLICATION, PONY EXPRESS BAR: The applicant, Don Rallestad, was present to discuss the problems involved in the license renewal. After discussion with Mr. Kallestad, 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. Councilman Horn moved to approve the April 20, 1981~ Council minutes as amended. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving moved to approve the May 4, 1981~ Council minutes. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. ESTABLISHMENT OF DRIVING RANGE, FRONTIER DEVELOPMENT PARK, JOHN PRZYMUS: Representatives of Drive Fore were present. The City Attorney reviewed the documents that have been submitted. He noted that the lots to be used for the driving range are Lots 6, 7, and 8, Block 1, Frontier Development Park and not Lot 5 as originally proposed is not a part of this proposal. The drawing as submitted by Mr. Przymus shows an approximate length of 800 feet for the driving range but the plat of Frontier Development Park shows 575 feet along the railroad tracks and approximately 707 feet along West 79th Street. A letter has been received from the Schneider Agency, Inc. stating that insurance coverage has been initiated for the business. Off street parking spaces have been provided. An escrow deposit of $500 has been paid to the city. Council Meeting May 18, 1981 -2- Council members expressed concern over the city's liability if a fence is constructed on Lot 5, Block 1. The City Attorney answered that it would be extremely remote because the permit is limited to Lots where the city has I verified either a lease or ownership. If someone trespasses either with a golf ball or in person, just because the city has given a permit for Lots 6, 7, and 8, a court, in the Attorney's view, would be hard pressed to fine the city liable. Council members discussed the provisions of the proposed conditional use permit. Councilman Geving moved to eliminate Section 3, subsection 3,l1satellitel1 provision. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving moved to amend Section 3, subsection 7 as follows: Wire mesh fencing supported by wood/steel posts shall be erected along the West 79th Street side, said fencing to be six feet high for 150' from the driving tee area and eight feet high for a distance of 150' with the remaining distance four feet high to the southeast lot1ine between Lots 5 and 6, Block 1. Said fencing shall be placed 20 feet inside the lot lines of the premises. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilwoman Swenson moved that this agreement will be entered into upon the satisfaction of Drive Fore owners arriving at a lease agreement with Mr. Les Renner for Lot 5, Block 1, Frontier Development Park for inclusion into the permit for a driving range. Said permit being granted to the partnership called Drive Fore. Motion seconded by Councilman Horn. The following voted in favor: Councilwoman Swenson. Acting Mayor Neveaux, Councilmen Geving and Horn voted no. I. Motion failed. Councilman Geving moved that as a condition of approval of the conditional use permit the Council requires a letter from Mr. Les Renner for the permitted adjacent use of the driving range on Lots 6 - 8, Block 1, Frontier Development Park in the event that balls land on Lot 5. This would be a letter of agreement between Mr. Les Renner and the partnership and made a part of the conditional use permit. The fence as delineated in the agreement falls along the property line between Lots 5 and 6, Block 1. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Section 3, subsection 6 will be amended by adding: In the event that funds are necessary to complete restoration, a special assessment will be placed against Lot 8, Block 1, Frontier Development Park. Councilwoman Swenson moved to approve the conditional use permit, for a golf driving range, as amended, between the City and the partnership of Drive Fore. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. AMERICAN LEGION POST, FEASIBILITY STUDY: The Council previously aþproved .. ¡ completion of the feasibility study. The Legion had asked that the council reconsider their decision but after a meeting with the City Engineer they are in agreement to order the feasibility study. No action was taken. I I I .,J I Council Meeting May 18, 1981 -3- SHOOTING BAN COMMITTEE PRESENTATION: Members of the committee were present to discuss their recommendations with the council. Captain Al Wallin, Sheriff's Department, was present. The following changes to the proposed amendments were discussed: 2. Section 1.03, delete the word "adjacent" and add landowners within 500 feet. 3. (g), Section 1.04, delete the word I1carbon". 4. Section 1.05, add training of dogs with pistol with blanks. 5. Section 3, delete "pistol with blanksl1. The word I1varmits" should be defined in the definition section. Schools should be excluded from the ordinance; i.e. track meets. Councilwoman Swenson suggested that the permit fee be raised to $25.00. Councilman Horn moved to accept the Citizens Ad Hoc Committee recommendations in regard to amendments and additions to City Ordinance 9A and place it on first reading with changes as discussed this evening. The City Attorney to place this into compatible language with the existing ordinance if necessary. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving moved to set the date for the final reading of the proposed ordinance for June 22, 1981 at 7:30 p.m. Motion seconded by Councilman Horn. The following voted in favor: Councilman Geving. Acting Mayor Neveaux, Councilwoman Swenson and Councilman Horn voted no. Motion failed. Councilman Horn moved to set the date for the final reading of the proposed ordinance for June 15, 1981, at 7:30 p.m. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Horn. Councilwoman Swenson voted no. Motion carried. See Council Action later in these minutes. , l':1' DOWNTOWN REDEVELOPMENT PROJECT, BLOOMBERG COMPANIES: Bill McRostie was present. Councilman Geving moved to accept the Bloomberg Companies contract with its most I recent revision on pages 17 and l7A dated April 15,1981, and authorize the Mayor or \.' I Acting Mayor to:'sign the contract. Particular attention being paid to page 21 of the Bloomberg Companies contract regarding covered walkways. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. DOWNTOWN REDEVELOPMENT PROJECT, KRAUS-ANDERSON INCORPORATED: Councilman Horn moved to approve the Kraus-Anderson, Inc. contract and authorize the Mayor or Acting Mayor ,to sign the contract. Particular attention being paid to page 21 of the Kraus- Anderson contract regarding covered walkways. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. INSTANT WEB PURCHASE AND RE-BUILDING AGREEMENT: The City Attorney discussed changes to the contract. Jerome Carlson suggested a change on page 8, to add a paragraph C (1) stating that any interest earned on invested escrow funds shall be paid to owners from time to time. If escrow funds are to be invested said funds shall be invested in U. S. Government obligations selected by the owners. Staff had no objection to the proposed change. Page 10, line 3 to be changed; only changes in the construction contract which change the completion date therein specified or which in the aggregate reduce the cost below an aggregate construction cost of $3.1 million may be made only upon the Agencys prior written approval. Staff accepted this proposed change. Council Meeting May 18, 1981 -4- Changes in the lease were proposed. Section 12. That tenants shall not assign this lease or sublet except to existing tenant Animal Fair, Inc. This would grant to Instant Web the authority to sublet a portion of the premises to Animal Fair. I The City Attorney suggested an addition to limit the term that Instant Web is allowed to renew the lease to Animal Fair and also to limit the square footage. Animal Fair is currently leasing 9,000+ square feet. Jerome Carlson stated that the lease has to be restricted to the same identical restriction as Instant Web. The issue before the Council is whether they wish to allow Animal Fair to stay on as a tenant of Instant Web not to exceed 9,000 square feet and allow Instant Web to continue to collect the rent for a limited period of time not beyond the term of 15 months. Scott Martin suggested that the lease with Animal Fair be limited to July 1, 1982, to make sure they are out of the building prior to Instant Web's move. Councilman Geving suggested that the lease be terminated July 31, 1982, and that the leased space not exceed 9,100 square feet. The City Attorney's office will prepare the necessary changes. , ,/\ l( Councilman Horn moved to approve the contract and lease with Instant Web and authorize the Mayor or Acting Mayor to sign the contract and lease. Page 15, item c 'vill be changed to reflect the same wording as in Kraus-Anderson and Bloomberg Companies contracts reflecting the bond sale at 9~%. Motion seconded by Councilman Geving. The following voted in favor; Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PARK ONE ECONOMIC DEVELOPMENT DISTRICT AGREEMENT: Due to the lateness of the meeting this item was tabled to June 1, 1981. SHOOTING BAN COMMITTEE: A1 Klinge1hutz was present asking the Council to reconsider the date set for final reading of the Shooting Ordinance. Councilman I Horn moved to reconsider the date set for final reading of the Shooting Ordinance and set the date for June 29, 1981 at 7:30 p.m. Motion seconded by Councilwoman . Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. An attempt will be made by the Shooting Ban Committee to notify interested persons of the change in the date. BILLS: Councilwoman Swenson moved to approve the bills as presented with the following exceptions: check 16488 to BRW in the amount of $1,050.75 and check 16490 to Blli~ in the amount of $2,290.98. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Council members questioned check 16495 to Bright Equipment Sales for an Air Compressor and requested a written response. A motion was made by Councilman Horn and seconded by Councilman Geving to table the remainder of the council agenda to June 1, 1981. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, I Councilmen Geving and Horn. No negative votes. Meeting adjourned at 1:30 a.m. Don Ashworth City Manager