1980 03 17
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REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 17, 1980
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present:
Councilmen Neveaux, Geving, and Swenson. Councilman Pearson was absent. The meeting
was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda with the following
additions:
169/212 Citizens Advisory Committee Report.
Municipal Bond Interest Bill.
Police Report.
Lotus Lake Association.
Budget Review.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion carried.
MINUTES: Councilman Swenson moved to approve the February 25, 1980, North Service
Area Assessment Hearing minutes. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson. No negative
votes. Motion carried.
Councilman Geving moved to approve the March 3, 1980, Council minutes. Motion seconded
by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Geving
and Swenson. Councilman Neveaux abstained. Motion carried.
Councilman Swenson moved to note the February 13, 1980, Planning Commission minutes.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion carried.
Councilman Geving moved to note the January 30, 1980, Planning Commission minutes.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion carried.
Councilman Neveaux moved to note the January 24,1980, HRA minutes. Motion seconded by
Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Swenson. No negative votes. Motion carried.
Councilman Geving moved to note the February 7,1980, HRA minutes. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Swenson. No negative votes. Motion carried.
Councilman Neveaux moved to note the February 21,1980, HRA minutes. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Swenson. No negative votes. Motion carried.
Councilman Swenson moved to note the March 6, 1980, HRA minutes. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Swenson. No negative votes. Motion carried.
Council members noted that Exhibit A as setfo~:th 'tn",the March 6, 1980, HRA minutes
was not included in the agenda packet:
Counci lman Geving moved to note the Park and Recreation Comm~ssion min~tes of March
4,1980. Motion seconded by Councilman Neveaux. The fol~owlng voted In,favor: ,Mayor
Hobbs, Councilmen Neveau*, Geving, and Swenson. No negatlve votes. Motlon carrled.
Council members felt the Park and Recreation Commission minutes of March 4, 1980,
under MARRAIGE CEREMONY REQUEST should be more complete to show who the
Council Meeting March 17, 1980
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marriage request was made by and who the picnic is requested by.
LOT WIDTH AND BUILDING SETBACK VARIANCE REQUEST, 1601 LYMAN BLVD. Mr. William
Goers was present requesting variance approval to construct a home at 1601 Lyman I
Blvd. The Board of Adjustments and Appeals held a public hearing on this request
Their recommendation to deny ended in a tie vote.
Councilman Swenson moved to grant Mr. Goers request for lot width and building
setback variances with the condition that a 60 foot wide right-of-way be maintained
for future service to the north part of the property. Prior to the issuance of a
building permit a site plan will be presented for approval to the Council. Mr.
Goers initiate discussion with the owner to the east about a mutual driveway.
Any creek cross ing and util ity servi ce to the property be approved by the City
Engineer. Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion
carried.
SIDE AND REAR YARD VARIANCE REQUEST, 203~ CHAN VIEW: Steven Rademacker was present
seeking approval to construct a 24 x 26 foot garage on his property at 203~ Chan
View. The Board of Adjustments and Appeals recommended approval. The Land Use
Coordinator recommended that the Council require the applicant to sign a statement
that the garage will be utiliZed for residential accessory purposes only.
Councilman Swenson moved to grant a 20 foot rear yard and five foot side yard
variances to Steven Rademacker at 203~ Chan View for the construction of a 24 x
26 foot garage. The Ci ty Attorney wi 11 prepare a statement for Mr. Rademackerl s
signature stating that the garage will be utilized for residential accessory
purposes only. Motion seconded by Councilman Geving. The following voted in I
favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson. No negative votes.
Mati on carri ed.
CARVER COUNTY SOLID WASTE ADVISORY COMMITTEE: Virginia Harris was present to
to discuss the need for this adviSoricommittee to help prepare Carver County's
Solid Waste Master Plan which has to be submitted to the Metropolitan Council
by the end of 1980.
Councilman Geving moved to appoint Councilman Pearson to this committee. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Gevin~, and Swenson. No negative votes. Motion carried.
SOLID vJASTE ORDINANCE, CARVER COUNTY: The Carver County Board of Commiss i oners
held a public hearing on a variance to the solid waste ordinance so that the
Metropolitan Waste Control Commission could distribute metropolitan sewer plant
sludge to Carver County farmers to spread on their land. Virginia Harris was
present to di scuss the proposed vari ance and to get Council imput on thi s. A
farmer in Chanhassen has requested sludge.
Councilman Swenson moved to recommend denial of the application for the following
reasons:
a. The criteria received from the Carver County Board of Commissioners leaves
room for mis-application and usage.
b. The Council feels that permitting this requested application would be I
in danger of establishing a precedent which the Council does not care to ~o at
this time.
c. The Council feels they require theimput of the watershed district and DNR .
and look to their advice before making any further commitments.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion carried.
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Council Meeting March 17, 1980
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Council members called attentiontoi temG,page 2 and item F, page 3 as being
prob 1 em areas. The Ci ty Manager was instructed to send the proposed amendment to
the watershed district and DNR for their comments. A letter stating the Council IS
action will be sent to the Carver County Board of Commissioners.'
BILLS: Councilman Neveaux moved to approve the bills as presented, checks #11585
through #11609 in the amount of $8,096.05, checks #11504 through #11584 in the amount
of $501,046.29, and checks #8184 through #8256 in the amount ~f $154,970.87. Check
#8240 is deleted for payment. The City Manager mayvoidche'ck#11606. He will
report at the next Council meeting. Motion seconded by Councilman Swenson. The
following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson. No
negative votes. Motion carried.
1980 LIQUOR LICENSE APPLICATIONS:
following licenses:
Bloomberg Companies, Inc.
Councilman Neveaux moved the issuance of the
On Sale Intoxicating
Off Sale Intoxicating
Sunday Sales
On Sale Non Intoxicating
Off Sale Non Intoxicating
On Sale Intoxicating
Off Sale Intoxicating
On Sale Intoxicating
Off Sale Intoxicating
Sunday Sales
Jerry's Old West, Inc.
bda/Homb re I s
Pauly's, Inc.
Riviera Club, Inc.
On Sale Intoxicating
Sunday Sal es
Charrhassen American Legion Post #580
On Sale Non Intoxicating
Off Sale Non Intoxicating
Club License
Kenny's Super Markets
Off Sale Non Intoxicating
Off Sal e Non I n tax i ca ti n g
On Sal e Non Intoxicating
On Sal e Non Intoxicating
SuperB:meri ca
Bluff Creek Golf Association
St. Hubert's Church
Chanhassen Fire Department On Sale Non Intoxicating
Including the dates as setforth in the application for St. Hubert's Church dated
March 12, 1980, and contingent upon the City Attorney's office verifying all licenses
as to form. Hombre's Bar will present a full disclosure, satisfying staff and
Council, by May 1, 1980, or the licenses will not be renewed. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Swenson. No negative votes.-Motion carried.
CHANHASSEN DINNER THEATRE KITCHEN EXPANSION~ Bloomberg Companies are proposing ~;
34' x 37 foot kitchen expansion to the west side of the existing dinner theatre. The
Planning Commission held a public hearing and recommenDed approval of a conditional
use permit and a variance to Ordinance 47-K contingent upon staff recommendations.
The HRA recommended approval of a variance to Ordinance 47-K.
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Councilman Swenson moved to approve a variance to Ordinance 47~K and a conditional
use permit incorporating the recommendations of staff and recognizing that a
plumbing permit will not be issued until a satisfactory pl an for handl ing grease I
has been submitted to and approved by the City Council. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Swenson. No negative votes. Motion carried.
REPLAT LOTS 1 AND 2, FRONTIER DEVELOPMENT PARK, DR. RALPH MOLNAU: Dr. Molnau and
Al Klingelhutz were present requesting approval to replat Lots 1 and 2, Frontier
Development Park into two lots by moving the mutual lotline.
Councilman Neveaux moved to approve the replat as proposed on the Egan, Field and
Nowak, Inc. survey dated April 18, 1979, for Lots 1 and 2, Block 1, Frontier
Development Park conditioned that the applicant furnish an agreement as to shared
parking and access to West 79th St. as per the Land Use Coordinator1s report of
March 13, 1980. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson. No negative votes.
Motion carried.
WELL SITE, MUNICIPAL WATER SYSTEM, CHANHASSEN LAKES BUSINESS PARK: Jim Orr
discussed the three proposed sites. Council members generally agreed on site #2
incorporating some type of shelter facil ity for the park.
WATER AND SEWER RATES: Due to the increased costs from the Metropolitan Waste
Control Commission, Councilman Swenson moved to increase the sewer and water
rates per the Engineer1s recommendation contained in his report of February 8,1980.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux and Swenson. Councilman Geving voted no. Motion carried. '
CONDEMNATION PROCEEDINGS, MARY KURVERS PROPERTY: Craig Mertz gave a report
on the status of the condemnation proceedings. Mayor Hobbs moved to authorize
the City Attorney to negotiate a settlement on the Mary 'Kurvers easement up to
$5,278.00 which is the amount that has been reserved for obtaining that easement.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor
Hobbs, Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion
carried.
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PLANNING COMMISSION APPOINTMENTS: Councilman Neveaux moved to accept the Planning
Commission recommendation for the appointments to the positions previously held
by Tom Droegemue 11 er and Jack Bell wi th the names of Jim Thpmpson and Michae'l
Thompson: Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion
carried.
169/212 CITIZENS ADVISORY COMMITTEE REPORT: A meeting is scheduled for Wednesday
evening at 8:30 p.m. at the Chaska City Hall
POLICE REPORT: Mayor Hobbs noted an increase in vandalism throughout the city.
LOTUS LAKE ASSOCIATION: The City has received a copy of their newsletter. Mayor
Hobbs noted a good deal of misinformation is contained in the newsletter.
BUDGET REVIEW: Mayor Hobbs requested a review of quarterly budget reports at I
future meetings.
MUNICIPAL BOND INTEREST BILL: There are House and Senate Bills proposed to raise
the interest rate. The City Manager has sent letters to Senator Schmitz and
Representative McDonald asking for their support.
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Council Minutes, March 17, 1980
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CONSENT AGENDA; Ma,yor Hobbs é\S ked if anycounct1 memberw"lsh-ed to discuss any
items on the consent agenda. As no additional comments were received, Councilman
Geving moved to approve th-e following items pursuant to the City Manager's
recommendations:
a. Development Contract Amendment, Reply Systems.
b. North Service Area Sewer and Water Assessments, Set Additional Meeting Dates.
c. Order Feasibility Study; Sewer, t~ater, and Street Improvements, Chan View and
Kerber Blvd.
d. Sanitary Sewer System, Infiltration and Inflow Grant Application, Metropolitan
Waste Control Commission. Resolution 80-09.
Motion seconded by Councilmam Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Geving, and Swenson. No negative votes. Motion carried.
Councilman Neveaux moved to adjourn. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Swenson.
No negative votes. Meeting adjourned at 12:30 a.m.
Don Ashworth
Ci ty Manager