1981 10 05
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REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 5, 1981
Mayor Hamilton called the meeting to order with the following members present:
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was opened with
the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda with the following
changes: Discussion on "No Hunting" Signs, and remove items b. c.and d. from the
consent agenda. 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 BEACH DRAINAGE IMPROVEMENT PROJECT 81-4:
RESOLUTION #81-37: Councilman Horn moved the adoption of a resolution authorizing the
project to be built in accordance with plans and specifications prepared by the City
Engineer. Accept the low bid of G. L. Contracting, Inc. in the amount of $25,527.50.
The City Attorney's Office be directed to acquire such easements as may be necessary
for the construction of the proposed facility. All easements to be acquired at no cost
to the City. Resolution seconded by Councilwoman Swenson. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. Councilman Geving
voted no. Motion carried.
PUBLIC HEARING
1982 BUDGET INCLUDING PROPOSED USES OF REVENUE SHARING
Mayor Hamilton called the hearing to order. No one was present.
Mayor Hamilton - Last week I commented that Dale (Geving) and I would do some
work on the budget and come up with any questions. I have done a lot
or work on the budget during the past week and I do have a lot of
questions that I would. like to have answered prior to having the budget
approved. I have called the Carver County Auditor's Office and asked
for an extension from the 10th of October to whenever he would allow.'
It seems as how the schools have been given an extension to the first
of November for their budgets so he does 'not have a problem with us
getting our budget in late. I know Don (Ashworth) wants it to be
approved and we can discuss the use of Revenue Sharing if you want
or we can delay that until October 13.
Don Ashworth - I have no problem with the Council tabling action to the 13th. Would
you like to have me address any portions of the budget or review any
portions this evening, I would be happy to do that. Otherwise I stand
ready to answer questions.
Councilman Horn - Would you in fact suggest some reformating for our consideration this
year?
Mayor Hamilton - I would like to do it this year but time is so short. I would prefer
to just continue working on it and keep working with Kay (Klingelhutz)
and once all the questions are answered and just come up with a format
during the year and at some time, a long time prior to the budget
coming up, maybe in July and present it and say, here's some changes
I would like to see to the format.
Councilman Neveaux - I think it would very uncomfortable if not impossible for everyone
to undergo a major change in the format and try to get it in by
the 19th.
Councilman Horn - I would like a clear definition of
and how we are constrained to this
formats it would appear to me that
far as what the state does dictate
very comfortable that I understand
they don't.
Mayor Hamilton - I think that could be outlined.
just what the state does require
if other budgets have different
there might be some options as
as far as format and I don't feel
what the state requires and what
Kay could just write down all those
Council Meeting October 5, 1981
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requirements that the state has for city. I think you have a
fair amount of latitude once you, you can name those categories
any thing you want. I
Councilman Horn - The thing that's most confusing about our budget format is costs
are spread around in so many different areas and you never see
any off-setting costs in the format. That's the part I find most
confusing and I am wondering how much the state really controls
that.
Don Ashworth - The state does control that from the standpoint that you cannot budget
net figures. If I am hearing what you are saying correctly, you would
like to see in future years or this year, if we can put those back
in under the commentary section or even on the budget sheet itself,
a figure that would show on the bottom, receipts and then the amount
that would be taken in. We cannot net figure. You are authorizing
total expense. If for your own purpose you want to show that so
much receipts have been received you can put that in whatever form
of notation you desire.
Councilman Horn - That's one of the issues I had. The other one was, it would seem
to me that we could assign expenses more as the Mayor suggested
last week, more under areas of responsibility so that we could
align our budget more with our organizational chart than what it
is. You can't really see any alignment or accountability within
the organizational chart structure. Most budgets I am used to
working with, the budget structure corelates with the organizational
chart and it's much easier to establish accountability.
Councilman Neveaux - I am sure we will find there are many accounts in there that
don't have the administrative expenses attached to them and we
all know they don't operate in a vacuum. That somebody is I
putting some kind of supervision or administration into them
and to get a true picture of what the actual costs of operating
the animal control function, obviously it's more than just
the amount of money that we pay to the catcher organization,
their expenses, the selling of the tags. Don or someone has
to spend some time, the scheduling of the hours, that kind of
thing. Some bit of administrative supervision should be
reflected if you want an absolute total picture of what that's
going to be. Obviously, you could say it's going to be 5%
Don's salary. It may be 5% one month, it may be zero the
next. That's where you could get into some problems as far
as getting an absolute picture we would have to have all of
the folks running it have a stop watch and doing time studies.
Then you get into reasonableness. At this stage in the growth
of the City of Chanhassen it probably is premature.
Mayor Hamilton moved to continue the public hearing to October 13. 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 requested a breakdown of current individual salaries and proposed
salaries for 1982.
MINUTES: Councilman Geving moved to note the September 9, 1981, Planning Commission I
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.
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Council Meeting October 5, 1981
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CONSENT AGENDA: Councilman Horn moved to approve item a. address changes in southern
Chanhassen pursuant to the City Engineer's recommendation. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilman Neveaux, Geving, and Horn. No negative votes. Motion carried.
NO PARKING ZONE, CHRISTMAS ACRES: Frank Beddor requested a parking ban along Pleasant
View Road along Christmas Acres subdivision as people using Christmas Lake are
parking in that area.
Councilman Geving moved to take no action on this request. Motion seconded by Councilman
Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
SPECIAL MEETING DATE, WATER USAGE AND BEACH LOT ORDINANCE:
hold a special meeting on October 26 to discuss the proposed
will mail out notices to homeowner association presidents.
Council members decided to
Beach Lot Ordinance. Staff
NORTH SERVICE AREA REASSESSMENTS: Council members discussed whether to use the 1980
assessment or the figures listed in the Dixon Appraisal as the availability charges.
The 1973 assessments remain unchanged.
RESOLUTION #81-38: Councilman Geving moved the adoption of a resolution with yhe
modification that the availability charges be in no case exceed the amount of lhe 1980
assessment. Resolution seconded by Councilman Neveaux. The following voted in favor:
Councilwoman Swenson, Councilman Geving and Neveaux. Councilman Horn voted no. Mayor
Hamilton abstained. Motion carried.
PRELIMINARY PLAT REVIEW, CARVER BEACH PROPERTIES, INC. Don Hess and Adrian Johnson
were present to explain the proposed preliminary plat composed of 23 single family
lots on 10.47 acres and request the Council hold a public hearing to consider the
vacation of certain rights-of-way. Frank Beddor presented a plan for proposed
streets through the area to Pleasant View Road. The City Engineer expressed concern
about the lowland in proposed Lots 11 and 12, Block 2 and recommended this area be
platted as an outlot until downstream storm sewers are constructed that will accept
area runoff so these lots can be filled. He further recommended that the southeast
corner of Lot 11, Block 1 be dedicated as right-of-way to allow for a proper 900
intersection for the future extension of Nez Perce Drive.
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Council members were polled as to their feelings about the Planning Commission approved
plan or revision #2.
Councilman Neveaux - I personally favor the revision #2.
Mayor Hamilton - As do I.
Councilwoman Swenson - I concur.
Councilman Geving - I have a preference for #2 but I would like to see right angles
on the road north to the Owens property as well as on the east
end. I strongly urge the Planning Commission to proceed with Bill
Monk's suggestion #4 on Lots 11 and 12 and make a recommendation back
to us.
Councilman Horn - I also would concur totally with what Dale has presented with the
addition that I would like to have a more definitive statement as to
not having two northerly accesses off of that road to the Owens property.
I would also like to have them explore the possibility of removing
both the Hobbs and the Coudron accesses off from County Road 17
to tie into this so that we don't have direct driveways onto 17.
Councilman Neveaux moved to hold a public hearing to consider the vacation of rights-of
way in the Carver Beach Properties preliminary plat on November 16, 1981. Motion
seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman
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Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
FINAL DEVELOPMENT PLAN REVIEW AND REZONING, PARK TWO: The Planning Commission
recommended approval of the rezoning to P-3 with the following amended permitted
uses:
8. Building materials, sales & storage.
9. Auto body repair shops.
10. Auto parts stores.
11. Auto service stations.
12. Business machine sales & service.
13. Clubs & lodges.
14. Garden supply stores.
15. Home centers, including accessory lumber yards.
16. Laundry and dry cleaning plants.
17. Office supplies and services.
18. Repair shops for home and garden equipment.
19. Taverns.
20. Tennis, handball, racquetball courts.
21. Off sale liquor establishments ancillary to a permitted principal use.
22. Other similar uses as determined by the City Council to be of the same general
character as this district's permitted uses, based upon the legislative intent
of this district.
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Councilman Neveaux suggested that the uses for this property should compliment the
uses in the industrial park and also not be in competition with the uses in the
downtmm area.
Councilman Neveaux moved to amend Ordinance 47, Section 16.02 to add uses found I
in the Planning Commission minutes of September 23, 1981, page 9, and numbered
9, 10, 11, 13, 14, 16, 18, 19, 20,21, and 22 to that section. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman
Swenson, Councilmen Neveaux and Geving. Councilman Horn voted no. Motion carried.
Councilman Neveaux moved to rezone all of Park II to
Motion seconded by Councilman Geving. The following
Councilwoman Swenson, Councilmen Geving and Neveaux.
Motion carried.
P-3 as amended this evening.
voted in favor: Mayor Hamilton,
Councilman Horn voted no.
Councilman Neveaux moved approval of the final development plan including preliminary
plat based upon the Planning Report of the City Planner dated August 7, 1981, with
the update August 27, 1981, with the recommendations of the Planning Commission
at their August 12 meeting and the City Engineer's update report of July 6, 1981.
Said plan that was acted upon by the Planning Commission on August 12, 1981, be
additionally notated to be Exhibit A of the October 5, 1981, Council meeting.
Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Horn, and Geving. No negative
votes. Motion carried.
CONDITIONAL USE PERMIT, AMERIC-INN MOTEL, LOT 3, BLOCK 1, ZAMOR ADDITION: Jim
Graves and Larry Zamor were present seeking approval of a conditional use permit
to construct a 29 unit motel on Lot 3, Block 1, Zamor Addition. Councilman Horn I
expressed concern about the individual air conditioning units. Councilwoman
Swenson suggested additional tree plantings along Highway 5.
Councilwoman moved to accept the recommendations of the Planning Commission for
a conditional use permit for a 29 unit motel incorporating the Planning Commission
recommendations of September 23, 1981, items 1-6 and #6 being revised to include
the City Forester and Council. Number 3 be revised, that the applicant receive a
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Council Meeting October 5, 1981
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land alteration permit from the Riley Purgatory Creek Watershed District and all other
agencies that may have jurisdiction over water flow from this property. Additional
trees or shrubbery be planted to shield the air conditioning units. Motion seconded
by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman
Swenson, Councilmen Neveaux, Geving, and Horn. Motion carried.
Councilman Neveaux moved the issuance of a grading permit and footing permit to the
applicant conditioned upon successful approval of the watershed district and other
appropriate agencies. 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 AND VARIANCE REQUESTS, LOTS 34, 35, AND 36, SHORE ACRES: Mike and Lloyd Leirdahl
were present. The Planning Commission and Board of Adjustments and Appeals recommended
approval provided the easterly lot line of Lot 36 be extended 22 feet east. The Leirdahl's
are going to construct two homes on the three lots. It was noted that a letter was
received from Kent Lokkesmoe, Regional Hydrologist, DNR, dated September 17, 1981,
regarding these lots.
Councilman Neveaux moved to grant the variance request for Lots 34, 35, and 36, Shore
Acres as presented in the Board of Adjustments and Appeals minutes of September 24, 1981,
and based on the plans as presented this evening. Motion seconded by Mayor Hamilton.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux
and Geving. Councilman Horn voted no. Motion carried.
Councilman Geving moved to approve a subdivision of Lot 35, Shore Acres, into two
parcels; one being the westerly 22 feet and the second parcel being all of Lot 35 except
the westerly 22 feet. Motion seconded by Councilman Neveaux. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving. Councilman
Horn voted no. Motion carried.
1982 POLICE CONTRACT: Mayor Hamilton and the City Manager will be meeting with the
Sheriff on Tuesday, October 6, to discuss the police contract.
WATER AND STREET IMPROVEMENTS, CPT: This item was tabled until a future meeting.
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 1:05 a.m.
The
Neveaux,
Don Ashworth
City Manager