1981 06 01
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REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 1, 1981
Council members and staff welcomed Mayor Hamilton back after his recent surgery.
Mayor Hamilton thanked Councilman Neveaux for filling in during his absense.
Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members
present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with
the following changes:
Update on Highway 7 signing and striping,
Water pressure on Orchard Lane,
Kellynne Addition ditch,
Remove items a, b, d, e, and f from the consent agenda to be 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.
PUBLIC HEARING
EASEMENT VACATION REQUEST
LOTS 7 AND 8, BLOCK 3, CHANHASSEN ESTATES FIRST ADDITION
Mayor Hamilton called the hearing to order with Mr. Randy Trivolia present. Previously
the Council approved a replat of these lots and the drainage and utility easements
were not vacated. The purpose of this hearing is to vacate the easements. No one
was present to speak in opposition to the request.
Councilman Horn moved to close
The following voted in favor:
Geving, and Horn. No negative
the public hearing. Motion seconded by Councilman Geving.
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
votes. Motion carried.
EASEMENT VACATION REQUEST, LOTS 7 AND 8, BLOCK 3, CHANHASSEN ESTATES FIRST ADDITION:
RESOLUTION #81-17: Councilman Geving moved the adoption of a resolution approving
the vacation request as presented by the City Manager and LUC in his April 6, 1981
report to vacate drainage and utility easements along the original property lines of
Lots 7 and 8, Block 3, Chanhassen Estates First Addition. Resolution seconded by
Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
MINUTES: Amend the last paragraph on page 2'of the May 4, 1981, Council minutes
as follows: A motion was made by Councilman Geving and seconded by Councilwoman
Swenson to direct the City Attorney to prepare a temporary use permit for the Council
to finalize at the next meeting as requested for Drive Fore for the establishment of
a driving range on Lots 5, 6, 7, & 8, Block I, Frontier Development Park with the
following conditions:
1. Temporary Use Permit for one year.
2. A letter from the owners of the property stating that he knows what the
applicant has proposed for his property and is in agreement with it.
3. That insurance with a $1,000,000 coverage be taken out.
4. That the applicant provide 15 off street parking spaces.
5. There will be no electricity for late/early hours.
6. Signage must meet the criteria set up by the Sign Committee.
7. The ball shed must not exceed 8t x 16' and be constructed of suitable materials.
8. All partners have a statement in writing that they will be responsible for any
accidents.
9. Prepare a final map of the site to be a part of the permit.
10. A sign proposal needs to be submitted.
11. An escrow account of $500 to cover cost of legal and engineering services.
The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen
Geving and Horn. No negative votes. Motion carried.
Council Meeting June 1, 1981
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Councilman Horn moved to approve
seconded by Councilman Neveaux.
Councilmen Neveaux, Geving, and
the May 4, 1981, Council minutes as amended. Motior
The following voted in favor: Councilwoman Swenson,
Horn. Mayor Hamilton abstained. Motion carried.
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Amend the first paragraph under FINAL DEVELOPMENT PLAN - CHAPARRAL ON LAKE ANN
in the May 11, 1981, Council minutes as follows: The Council discussed this
proposed plan on April 13, 1981, and tabled action to this meeting. Council members
generally agreed that the number of single family homes in the development should
be increased. Councilman Geving suggested a compromise of 170 units of single
family homes, 78 units of twin homes, 152 units of quads, and 200 units of 8-plexes.
Greg Frank stated New Horizon would study this proposal.
Councilwoman Swenson moved to approve the May II, 1981, Council minutes as amended.
Motion seconded by Councilman Geving. The following voted in favor: Councilwoman
Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion
carried.
Amend the May 18, 1981, Council minutes by changing the motion under DOWNTOWN
REDEVELOPMENT PROJECT, BLOOMBERG COMPANIES, DOWNTOWN REDEVELOPMENT PROJECT, KRAUS-
ANDERSON INCORPORATED, AND INSTANT WEB PURCHASE AND RE-BUILDING AGREEMENT to
Resolution #81-14, Resolution #81-15, and Resolution #81-16 respectively.
Councilman Geving moved to approve the May 18, 1981, Council minutes as amended.
Motion seconded by Councilman Neveaux. The following voted in favor: Councilwoman
Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion
carried.
Councilwoman Swenson moved to note the May 12, 1981, Park and Recreation Commission I
minutes and further noted if a deposit is required for clean up after the wedding
in Lake Ann Park. Motion seconded by Councilman Neveaux. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
DALE GREEN CONDITIONAL USE PERMIT: LaVerne Butler was present. The Planning
Commission recommended the Council renew the conditional use permit for a period
of two years.
Councilman Neveaux moved to deny the renewal of the conditional use permit and that
the applicant be notified by letter from the City Manager that by October 1, 1982,
the dirt and sod operation on the property described in the permit be finished and
removed. Staff is directed to document the existing status of the property. Motion
seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Motion carried.
FINAL DEVELOPMENT PLAN REVIEW, FOX CHASE ADDITION:_ Many residents of the area were
present. Mayor Hamilton briefly detailed the history of this proposed plan.
Development plan approval was given on July 21, 1980, to Derrick Land Company with
several conditions attached. Mayor Hamilton moved that Derrick Land Company
satisfy all conditions that the Council setforth at the Council meeting of July
21, 1980, and until such time as Derrrick Land Company answers all those conditions
or has received approval from the proper agency this Council has no further cause
to deal with this issue at the present time. Motion seconded by Councilwòman
Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilman Geving. Councilmen Neveaux and Horn voted no. Motion carried.
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TROLLS-GLEN FIRST ADDITION COMPLAINT: Gordon Freeburg, 3891 Lone Cedar, was
present to call the council's attention to water washing out portions of lots and
plugging storm sewers in the area. Also he wondered what can be done about the
uncompleted house in the neighborhood. This area will be included in the next
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Council Meeting June 1, 1981
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Council tour.
REVIEW WASTE CONTROL COMMISSION/METRO COUNCIL PROCEDURES AND HEAR PUBLIC COMMENTS
REGARDING COMPOST APPLICATION - HALLA NURSERY: Margaret Bahr, MPCA, Nancy Schumacher,
MWCC, and Ginny Harris, Carver County were present. Halla Nursery has made application
for the storage of sludge compost on their property at 250 Great Plains Blvd.
Councilwoman Swenson moved to deny the request for the storage of sludge compost on
the Halla Nursery property and not .a-llow any sludge products in 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.
1981 BOND SALE AUTHORIZATION: Bob Sander, Juran and Moody, Don Ringrose and Arjis
Pakalns, BRW were present.
RESOLUTION #81-18: Councilman Neveaux moved the adoption of a resolution authorizing
the calling for a date of sale for July 6, 1981, subject to the presentation of the
appropriate resolution. Resolution seconded by Councilman Horn. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
PARK AND RECREATION COMMISSION APPOINTMENT: Councilwoman Swenson moved to accept the
Park and Recreation Commission recommendation of May 12, 1981, to appoint Joe
Warneke to the commission. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
HRA, REVIEW PROCEDURES FOR FILLING VACANCIES: Mayor Hamilton nominated Clark Horn
to the HRA.
RESOLUTION # 81-19: Councilman Geving moved the adoption of a resolution confirming the
appointment of Clark Horn to the HRA with his term coinciding with his council term.
Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving. Councilman Horn abstained.
Motion carried.
Council members felt there should be a council representative on the HRA to keep the
council informed. The City Manager was instructed to write a letter to Mike Niemeyer
thanking him for his service to the City.
VENDING SERVICE CONTRACT - LAKE ANN PARK: Mr. Bill Smith has met with the Park and
Recreation Commission asking for permission to provide service to people using Lake
Ann Park. The Park and Recreation Commission recommended approval and suggested
a one year trial basis. Council members generally agreed that other organizations
will be allowed to sell in the park for special events; i.e. fire department softball
tournament, picnic in the park, etc.
Councilwoman Swenson moved to authorize a temporary permit for one year with the
condition that Mr. Smith do his own policing and cleaning up. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried.
AMERICAN LEGION SEWER AND WATER PUBLIC IMPROVEMENT PROJECT: George Beniek and Lewis
Woitalla were present. Councilman Geving moved to accept the feasibility study and
order a public hearing for June 22, 1981, at 7:30 p.m. Motion seconded by Councilman
Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Geving, Neveaux, and Horn. No negative votes. Motion carried. RESOLUTION 81-19A
Council Meeting June 1, 1981
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FIREWORKS DISPLAY APPLICATION, MINNEWASHTA HOMEOWNERS ASSOCIATION: Bill Naegele,
in behalf of the Lake Minnewashta property owners, is requesting approval to have
a fireworks display on July 4.
Mayor Hamilton moved to approve the application with the following conditions:
1. Fire Chief or Fire Marshal approves the specific location and protection
procedures for discharging fireworks.
2. The Carver County Sheriff's office approves the application.
3. City staff verifies that the contractor proposed is authorized by the
State and/or has necessary permits from the State.
4. City Attorney determines that the type of insurance policy provided is
adequate to protect homeowners and the City and that limits of liability
are properly set.
5. That such display cannot occur unless a written permit or certification has
been issued by the City stating that the above conditions have been satisfactor-
ily met.
Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
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NEW CITY HALL BUILDING USAGE POLICIES: The City Manager presented suggested policies
for the council to consider. Council members requested that no alcoholic beverages
by allowed. Also to delete "for profit'! groups.
Councilman Neveaux moved to accept the New City Hall Usage Policy as amended. Motion
seconded by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Motion carried.
CARVER COUNTY EMERGENCY SERVICES BOARD: The Fire Department has recommended the
appointment of Mike Kerber to replace Herb Schaffer. Mr. Schaffer has asked to
be reappointed.
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Councilman Neveaux moved to table action to June 15, 1981, and request Jack Kreger
and Herb Schaffer attend. Motion seconded by Councilman Horn. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and
Horn. No negative votes. Motion carried.
CONSENT AGENDA: Councilman Neveaux moved to approve the consent agenda as
recommended by the City Manager.
1. Carver Beach Drainage Report. Receive Engineer's report and order feasibility
study. IŒSOLUTION 81-19B.
2. Authorize Preparation of Report of Amend "Park One Economic Development
District" to Include Properties South of Highway 5.
Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Motion carried.
HANUS DEVELOPMENT CONTRACT: Councilwoman Swenson reported that a letter will be
forthcoming from Mr. Hanus outlining what he will be doing to comply with the
development contract.
OPEN HOUSE: The Open House will be held June 12 and 13. Mayor Hamilton will
coordinate the activities.
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SPECIAL MEETING: Council members will hold a special shortsleeve meeting on
Wednesday, June 24 at the Old Village Hall regarding Council/Staff goals and
responsibilities.
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Council Meeting June 1, 1981
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COUNCIL TOUR: Council members will meet on Saturday June
at the Legion for a tour of various projects in the City.
Acres, Trolls-Glen, Kellynne, and Carver Beach Creek.
20, 1981, at 9:00 a.m.
Some of which are, Christmas
WATER PRESSURE, ORCHARD LANE: Councilman Neveaux distributed a letter he had received
from Robert Wagner questioning the low water pressure he is experiencing in his
home. The City Engineer is examining the water pressure problems in the North Service
Area. Measures have been instituted to correct the problem and he will be contacting
Mr. Wagner to see if there is an improvement.
HIGHWAY 7 STRIPING AND SIGNING: Councilman Neveaux explained the status of this
project. The Council previously passed a resolution directing ÞffiDot to institute
a striping and signage solution to the traffic problem on Highway 7. This was sent
to the City of Shorewood for their approval. The City of Shorewood turned it over to
the South Lake Minnetonka Police Department for their recommendation and South Lake
felt it would not be a safety improvement. Another meeting is proposed with officials
from Shorewood, Chanhassen, both police departments and representatives of MNDot to
come up with other safety features.
BALTIC CORPORATION: The City Attorney presented a status report on the current
litigation.
Councilman Geving moved to adjourn. Motion seconded by Councilman Horn.
voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving,
Horn. No negative votes. Motion carried.
The following
Neveaux, and
Don Ashworth
City Manager