1981 09 21
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REGULAR CHANHASSEN CITY~OUNCIL MEETING SEPTEMBER 21, 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.
The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as presented with
the following additions: Agricultural Tax Classification, Minnewashta Manor House Fire -
temporary mobile home, Set Special Meeting Date. Motion seconded by Councilman Geving.
The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen
Geving and Horn. No negative votes. Motion carried.
CARVER BEACH DRAINAGE IMPROVEMENT PROJECT: The City Engineer explained the scope of
the project and estimated costs involved. He has applied to the Soil Conservation Service
for cost participation and they have written that the project does not qualify. The
Watershed District has included this project on its list for possible participation,
but has not made a final determination at this time.
Councilman Geving suggested catching the water on Carver Beach Road and directing it
to another drainage area. Russell Tenney suggested leveling Carver Beach Road so that
the water can flow south on the road to the swamp. The City Engineer stated that this
would be changing a drainage district and he would have to look into what type of problems
might be created by changing the drainage. It was further suggested to pipe around the
hill in Carver Beach Road instead of cutting down the road.
Councilman Geving moved to table action on the Carver Beach Drainage Improvement Project
until such time as staff has investigated other alternatives for expanding the project
to the west and/or south and said report to be back to the Council prior to October 5,
1981, at 7:30 p.m. Motion seconded by Councilman Horn. The following voted in favor:
Acting Mayor Neveaux, Councilwoman Swenson and Councilman Geving. Councilman Horn voted
no. Motion carried.
Councilman Horn voted no because of concern that the project may be jeopardized for
completion this year.
MINUTES: Councilman Horn moved to approve the August 17, 1981, Council minutes. 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 Horn moved to
by Councilwoman Swenson.
Councilwoman Swenson and
approve the August 24, 1981, Council minutes. Motion seconded
The following voted in favor: Acting Mayor Neveaux,
Councilman Horn. Councilman Geving abstained. Motion carried.
Amend the second motion under CONDITIONAL USE PERMIT AMENDMENT REQUEST, LOTUS LAKE
ESTATES BEACH LOT, item #1, on page 14 of the August 31, 1981, Council minutes as
follows: 1. One dock should be permitted (not to exceed 50 feet in length, unless
necessary to reach a water depth of four feet). Said dock may have the configuration
of 40 feet with a ten foot platform at the end. Said dock to be located in the
position of the southerly most shown dock. The overnight docking of four, no larger
than 16' non-motorized rowboats will be allowed.
Councilwoman Swenson moved to approve the August 31, 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 Horn moved to note the July 1, 1981, Planning Commission minutes. Motion
seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux,
Councilwoman Swenson, Councilman Geving and Horn. No negative votes. Motion carried.
Council Meeting September 21, 1981
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Council members noted that there seems to be a lack of communication between the
Council and Planning Commission and also noted that Planning Commission members
have not been attending Council meetings. Perhaps a joint meeting should be
scheduled.
Councilman Horn asked that the issue of Highway 5 be included in the area that the
City chooses to disagree with the Metropolitan Council.
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Councilman Horn moved to note the July 8, 1981, Planning Commission minutes. Council
members are concerned about the failure of the Planning Commission to take into
consideration the impact of the proposed overlay district in regard to Park Two.
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 note the July 15, 1981, Planning Commission minutes. Motion
seconded by Councilman Horn. The fo110~ving voted in favor: Acting Mayor Neveaux,
Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried.
Councilman Horn moved to note the July 22, 1981, Planning Commission minutes. 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 Horn moved to note the August 12, 1981, Planning Commission 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.
Council members noted there is no record of persons attending either public hearing
in the August 12, 1981, Planning Commission minutes.
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Councilman Geving moved to note the September 10, 1981, HRA 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.
Councilman Horn moved to note the August 8, 1981, Park and Recreation Commission
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.
Councilwoman Swenson moved to note the September 1, 1981, Park and Recreation
minutes. Motion seconded by Councilman Horn. The following voted in favor:
Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative
Motion carried.
Commission
Acting
votes.
1982 ASSESSOR SERVICES CONTRACT, CARVER COUNTY: The City Attorney discussed his
report of August 19, 1981. He advised the Council that because of the 1970 contract
termination notice of three months that the notice of cancellation from Carver County
was defective and, therefore, the County is under contractual obligation to do
the City assessing in 1982 for a total cost of $1.00. For calendar year 1983 and
thereafter, the City has three choices: Appoint a local assessor or enter into
a joint powers agreement with one or more local units of government for performance I
of this function or enter into a joint assessment agreement with Carver County.
The City Attorney further discussed Minnesota Statutes 273.052, 273.053, and 273.055
which enables the County to enact a resolution whereby they elect to do county wide
assessing and bear the cost under county wide ad valorem taxation.
Councilman Horn moved to concur with the City Attorney's recommendation in his letter
of August 19, 1981, wherein the Council feels that the County is contractually
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Council Meeting September 21, 1981
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obligated to conduct city wide property assessments for the calendar year 1982 at
total city cost of $1.00. Motion seconded by Councilman Geving. The following voted in
favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No
negative votes. Motion carried.
The City Attorney was directed to send a copy of this to other cities and townships
throughout Carver County.
OCTOBERFEST: Bob Navarro, representing the Jaycees and Chanhassen Athletic Association,
was present seeking approval to hold an Octoberfest on October 24 in the area of the
hockey rinks north of the City Administrative Offices. Council members generally liked
the idea but did not want it held in the hockey rink area because of the newly planted
shrubs and grass. The City Attorney requested a copy of their liability insurance
certificate.
BILLS: Councilwoman Swenson moved to approve the bills as presented: checks #12936
through #13010 in the amount of $657,713.84 and checks #16947 through #17068 in the
amount of $135,636.01. Motion seconded by Councilman Geving. The following voted in
favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No
negative votes. Motion carried.
1981 UTILITY BILLINGS - CERTIFICATION OF DELINQUENT ACCOUNTS - PUBLIC HEARING: Acting
Mayor Neveaux called the hearing to order. No one was present. The City Manager
recommended a 15% certification charge or minimum fee of $20.00 be added when actual
certification is sent to Carver County.
Councilman Geving moved to close the public hearing. Motion seconded by Councilman
Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson,
Councilmen Geving and Horn. No negative votes. Motion carried.
RESOLUTION # 81-33: Councilwoman Swenson moved the adoption of a resolution certifying
the delinquent sewer and water utility bills as appears on the amended list of the
Senior Account Clerk dated September 21, 1981, to the County Auditor for collection
in 1982 including a 15% certification charge or $20.00. Resolution seconded by
Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman
Swenson, Councilman Geving and Horn. No negative votes. Motion carried.
Councilman Horn requested the final amount certified when certification is complete.
1980 AND 1981 DISEASED TREE PROGRAM - CERTIFICATION OF DELINQUENT ACCOUNTS - PUBLIC HEARING
Acting Mayor Neveaux called the hearing to order. No one was present. Council members
discussed a letter from Ted deLancey in which he feels he should not have to pay a
diseased tree bill.
Councilman Horn moved to close the public hearing. Motion seconded by Councilwoman
Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson,
Councilmen Geving and Horn. No negative votes. Motion carried.
RESOLUTION #81-34: Councilman Geving moved the adoption of a resolution authorizing
the certification for 1980 and 1981 collectible 1982 delinquent diseased tree billings
as listed by the Senior Account Clerk dated September 21, 1981, for all accounts
delinquent as of October 1, 1981, with the exception of the Ted deLancey bill which
will be reduced from $90.00 to $45.00 and accordingly reduce the percentages for a
total of $69.50. Resolution seconded by Councilwoman Swenson. The following voted in
favor: Acting Mayor Neveuax, Councilwoman Swenson, Councilmen Geving and Horn. No
negative votes. Motion carried.
Council Meeting September 21, 1981
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CONDITIONAL USE PERMIT AMENDMENT REQUEST, RECONSIDER CONSTRUCTION OF SELF SERVICE
CANOPY, HOLIDAY STATIONSTORE: Jerry Jensen was present requesting the Council
reconsider the construction of a 50' x 52' canopy over the pump islands. The I
City Manager recommended denial of the application as he feels it would set a
precedent.
Councilwoman Swenson moved to deny the request. Motion seconded by Councilman Horn.
The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson and
Councilman Horn. Councilman Geving voted no. Motion carried.
ROOFTOP EQUIPMENT SCREENING VARIANCE REQUEST - FLUOROWARE, INC. The applicant is
requesting a variance to the provision of Ordinance 47 which provides that all
rooftop mechanical equipment shall be screened. The Board of Adjustments and
Appeals held a public hearing on the proposed variance and recommended approval
conditioned that the owner of the building is responsible for the sightly
maintenance of the equipment throughout the life of the building.
Councilman Horn moved to deny the variance request and that the applicant be
required to screen the rooftop mechanical equipment in the more standard fashion.
Motion seconded by Councilwoman Swenson. The following voted in favor: Acting
Mayor Neveaux, Councilwoman Swenson and Councilman Horn. Councilman Geving voted
no. Motion carried.
RESIGNATION, PARK AND RECREATION COMMISSION, PHYLLIS POPE: Councilwoman Swenson
moved to accept the letter of resignation with regret and a letter be sent to
Mrs. Pope signed by all Council members. Motion seconded by Councilman Geving.
The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen
Geving and Horn. No negative votes. Motion carried.
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STREET NAME DESIGNATION, CPT PROPERTY: Acting Mayor Neveaux moved to designate
the street from West 184th Street to new County Road 17, south of Highway 5,
to be Lake Drive and it to be Lake Drive East for the portion east of State Highway
101 and Lake Drive \vest, west of State Highway 101. Motion seconded by Councilwoman
Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson,
Councilmen Geving and Horn. No negative votes. Motion carried.
LYMAN BLVD. EXTENSION:
RESOLUTION #81-35: Councilman Geving moved the adoption of a resolution approving
Alternate #3 alignment of CSAH #18. Resolution seconded by Acting Mayor Neveaux.
The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson,
Councilmen Geving and Horn. No negative votes. Motion carried.
LAKE MINNEWASHTA REGIONAL PARK BOAT ACCESS: Acting Mayor Neveaux gave a report on
the temporary boat access that has been constructed by Carver County. He expressed
concern because the temporary access is not in the location that was approved by
the County Park Board and the Advisory Committee and there is enough parking for
approximately 30 cars. There is no control provided at the entrance off Ches-Mar
Drive and it is becoming a good place for youths to party. Bob Waibel reported
that the County is attempting to get some sort of security for the area, perhaps
this fall or for sure next spring that may involve fencing the entire parcel.
Council members requested that staff review the conditional use permit and the
Council requested a meeting with Pat Murphy and a representative from the Sheriff's I
Department be set up for the first available Council meeting to have a review of
what has happened and how it relates to the permit.
TEMPORARY TRAILER, HERB PFEFFER, 2850 TANAGERS LANE: The Pfefferrs experienced a
house fire and are requesting permission to bring in a trailer tg live in for 60
days while his home is being repaired.
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Council Meeting September 21, 1981
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Councilman Horn moved to allow Herb Pfeffer to move in a trailer for 60 days. Motion
seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux,
Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried.
AGRICULTURAL TAX CLASSIFICATION: Councilman Geving has been contacted by property
owners that have been notified by the Commissioner of Revenue that the state is
considering reclassification of their property from agricultural to non-agricultural
and asked if the City could intercede on their behalf. It was suggested that the
property owners request help from Senator Schmitz and Representative McDonald in this
matter.
FOX CHASE DEVELOPMENT: The City Attorney and Council discussed David Se11ergren's
letter of September 9, 1981, and decided that the City Attorney should not answer the
letter.
MORATORIUM ON DEVELOPMENT OF HOMEOWNER'S ASSOCIATION BEAcHLOTS: Council members discussed
the August 5, 1981, and September 11, 1981, letters from the City Attorney.
SPECIAL COUNCIL MEETING: Council members decided to hold an informational public_hearing
on September 28 to consider the proposed Beach Lot Ordinance. Also scheduled for that
evening are the 1982 Budget and the North Service Area Re-Assessment.
Councilman Horn moved to adjourn. Motion seconded by Councilwoman Swenson. The
following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving
and Horn. No negative votes. Meeting adjourned at 12:15 a.m.
Don Ashworth
City Manager