1982 03 15
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REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH IS, 1982
Mayor Hamilton called the meeting to order with the following members present:
Councilwoman Swenson, Councilmen Neveaux~ Horn, and Geving. Bill Swearengin, Planning
Commission, was present. The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda with the following
changes: Removal of item lOa, approve construction plans Trunk Highway 169 and 10c
Ordinance 28A from the consent agenda, report on meeting with Eden Prairie regarding
Highway 5, and Police Advisory Committee report. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
COMPREHENSIVE PLAN: Mark Koegler reviewed a letter from Charles Weaver, Chairman,
Metropolitan Council, and discussed the plan with council members.
Councilman Geving moved to approve the comprehensive plan and direct the City Attorney
to prepare the necessary resolution for council approval. Motion seconded by Councilman
Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Neveaux, Geving, and Horn. No negative votes. Motion carried.
Council members thanked Mark Koegler for his efforts on the comprehensive plan.
OUTDOOR ADVERTISING SIGNS: Dave Odegaard, 6620 Galpin Blvd., was present. He presented
suggested amendments for the Sign Ordinance to allow certain kinds of advertising signs.
Scott Martin suggested that this item be referred to the Planning Commission as a part
of their ordinance revision process.
Mayor Hamilton polled council members as to whether this should be referred to the
Planning Commission for further study and recommendations.
Councilwoman Swenson - I am opposed.
Councilman Neveaux - I remember when that sentence "free_standing advertising signs
are prohibited in all districts" went into the sign ordinance.
I guess I am still of that same thinking, although I guess I
can see, as we get more well defined industrial/commercial areas
in the City that there 'may be some modification that could be
accommodated in my thoughts in those areas only. I guess it would
have to be very tightly controlled and certainly nothing in
residential along open highways. I think the Planning Commission
should think about this as they are thinking about our whole set
of zoning and land use ordinances and controls.
Councilman Horn - I would like to see the minutes of the meeting when we considered this
last so we don't go through a total rehash of this subject. I would
want to see that before I would make any recommendation.
Councilman Geving - I am totally opposed to amending the ,Sign Ordinance that we now have.
I am very proud of the work that the Sign Committee has done to
date. I had received a call again this past week from a constituênt
commenting on how proud they were of the city in lack of billboards.
I ãmnot in favor of sending this back to the Planning Commission
so that I can look at it again a few months from now.
Mayor Hamil ton - I am not opposed to ,this and I _think it should go to the Planning
Commission for their review. I think there are many controls that
we could put on this type of thing so that Mr. Odegaard can operate a
legal business within the City of Chanhassen, not only the size of
the sign, the location but also I would like to see us control whåt
is on each sign. Maybe that_' s too restrictive but I think there are
things which I would not like to see advertised such as cigarettes,
and liquor and other things of that nature. As we develop a community
I think we should advertise the fact that we are here. That we have
industry here and if 1vedon 't let anybody know who we are, in a nice
fashion, and I think these kind of things can be done very tastefully
Council Meeting March 15, 1982
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without any objection on anybody's part and be placed where
they can be visible and at the same time not be unsightly.
I think change is not always bad and we have had a Sign
Ordinance, I think the Sign Committee has done a very good I
Job in the past and I think we need to rethink this issue again
and not just close our minds to it.
Councilman Neveaux - I think that we probably could loosen up the reins that we have
had over these past 15, 16 years.
Councilwoman Swenson - I think the main reason why I am not in favor of it going to
the Planning Commission at this particular time is that it
has already been established that that entire ordinance is
going to be reviewed and it seems silly to go through the
exercise of doing this when the whole ordinance is eventually
going to be reviewed.
Scott Martin - The sign regulations are due to be studied in the summer of 1983
according to the Planning Commission work program. The Planning Commission
is discussing signage as a part of each zoning district.
Mayor Hamilton - I think it would be wise for you to work with Mr. Odegaard. If you
(Mr. Odegaard) would work with Scott and Scott can perhaps re-look
at their schedule and priority items and give Mr. Odegaard some idea
of where this might fall on the Planning Commission's agenda.
Councilman Horn - Let me recommend this. For our next packet we get a copy of the
minutes from the last meeting and also a list of the Planning
Commission's priorities and we can decide at that point whether
we wish to change that list of priorities.
Councilman Neveaux - My thoughts were premised basically on the fact that I think
it's a low priority item in my estimation. I am sure the
Planning Commission has much more important things to do and I
I certainly would not make any kind of motion or give any kind
of indication that this should be a direction to the Planning
Commission to change their priority list at all other than
to say when they get to that point they should consider it.
Councilman Geving - I, too, think it's a low priority and if I were to look at the
Planning Commission work program 1-9, I can't see where this
item would be a higher priority than commercial/industrial
district revision, unsewered area regulations, PUD procedures.
Councilwoman Swenson - First of all, Mr. Odegaard, I have to tell you that I think
your suggestions are well worth considering.
BILLS: Councilman Horn moved to approve the bills as presented: checks #13413
through #13507 in the amount of $742,547.71 and checks #l7544 through #17619 in
the amount of $62,998.11. Motion seconded by Councilman Geving. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and
Horn. No negative votes. Motion carried.
Council members requested copies of the animal warden's log sheets.
AMERIC-INN SIGN PERMIT REQUEST: Larry Zamor was present requesting approval for
the installation of two temporary additions to the free-standing business signs
presently located on the property. The additional signs have the word "motel"
painted on them. He is asking that the "motel" sign along Highway 5 be temporary,
for 18 months and the sign along West 79th Street be permanent.
Councilman Neveaux moved to grant approval for the sign along \~est 79th Street as
a permanent sign and its configuration be as in Exhibit A dated March 15, 1982,
and an 18 month permit be granted for the temporary use of the sign along Highway
5 as shown in Exhibit A dated March 15, 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.
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Council Meeting March 15, 1982 ~3-
1982 LIQUOR LICENSE APPLICATIONS: Bill McRostie, Don Kallestad, Russell Pauly, Tom
and Lou Krueger were present.
Councilman Neveaux moved that the following
Pauly's Inc.
On-Sale Intoxicating
Off-Sale Intoxicating
Sunday Sales
licenses be renewed for 1982/1983:
Superamerica
Off-Sale Non Intoxicating
Bluff Creek Golf Association
On-Sale Non Intoxicating
Riviera Club, Inc.
On-Sale Intoxicating
Sunday Sales
St. Hubert's Church
On-Sale Non Intoxicating
(Sept. 18 & 19, Nov. 14)
Chanhassen American Legion Post #580
On-Sale Non Intoxicating
Club License
Chanhassen Fire Department
On-Sale Non Intoxicating (June 4,5,6)
Kenny's Super Market Holiday Stationstores, Inc.
Off-Sale Non Intoxicating Off-Sale Non Intoxicating
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
Staff recommended that the Council consider an amendment to the ordinance not allowing
on-sale and off-sale from the same premises. Bill McRostie asked the Council to not
act on the deletion of Bloomberg Companies' off-sale intoxicating license until he has
had a chance to study the impact. He was told that off-sale intoxicating licenses are
available and if he determines a need for one, Bloomberg Companies can apply.
Councilman Geving moved that the following licenses by Bloomberg Companies, Inc.,
On-Sale Intoxicating, Sunday Sales, On-Sale Non Intoxicating, and Off-Sale Non Intoxicating
be renewed for 1982/1983. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson~Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
Staff noted that Mr. Kallestad has applied for Sunday Sales but has not paid the fee.
Mr. Kallestad was told he could apply and pay the fee at any time and the Council would
consider a Sunday Sales licence.
Councilman Neveaux moved to renew the On-Sale Intoxicating license for 198211983 to
the Pony Express Bar. Motion seconded by Councilwoman Swenson. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
PROPOSED INTOXICATING LIQUOR-ORDINANCE AMENDMENTS: Staff recommended that a'new
intoxicating liquor ordinance be drafted governing the licensing, sale and consumption,
incorporating current state law, Sunday sales and other regulations which the Council
may find to be in the public interest.
General conditions for Sunday On-Sale were discussed. Councilman Neveaux moved to
delete item 4 "Meal service shall be in a room or rooms separate from bar facilities".
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
Councilwoman Swenson moved to adopt the hours of Sunday Sales as put forth by staff
1. On-Sale of intoxicating liquors may be made only between the hours of 10:00 a.m.
and 12:00 midnight on Sunday.
2. Food service shall be maintained from one hour after opening to 10:00 p.m.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Council Meeting March 15, 1982 -4-
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes.
Motion carried.
Councilman Neveaux moved to modify Section 2 to read: I
2. Food preparation and service personnel shall consist of not less than the
following:
a. Chef on duty during all hours of food service and operation.
b. One assigned waiter/waitress or one bus boy/girl during all hours of
food service operations.
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 Neveaux moved to modify Section 3 to read:
3. Food service shall consist of the following:
a. Food service areas must have table or booth seating capacity for at least
65 people.
b. Food service menu shall consist of not less than three separate and
distinct entrees complete with vegetable, salad, bread, and a selection
of beverages. Prepackaged complete meals shall not be included in the
enumerated main entrees.
c. Delete.
Motion seconded by Councilman Geving. The following voted in favor: Councilwoman
Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton voted no. Motion
carried.
On-Sale and Off-Sale bonding requirements were discussed. The City Attorney
recommended that the City require cash bonds. He recommended a $5,000 bond for
On-Sale. The City Attorney will address this issue more completely in a future
report. Bar owners were asked to respond in writing to this issue prior to final
adoption of the ordinance.
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Councilman Horn moved to require newly-licensed premises to make a capital
expenditure of not less than $500,000, exclusive of land costs and costs of fixtures
aNd furnishings. Motion seèonded by Councilman Geving. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No
negative votes. Motion carried.
1982 PROPERTY TAX ASSESSMENT POLICIES: The Council met with County Assessor, Craig
Zinter, to discuss general property tax goals for 1982. Primary areas of discussion
foxused on means by which the City can assure that classes of property within the
City are being fairly valued in comparison to other properties throughout the
County, means by which each class of property can be reviewed, and specific
property assessment complaints received during the past year.
1982 BUDGET AMENDMENTS: Councilman Horn moved to table this item to the next
regular meeting. Motion seconded by Councilwoman Swenson. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS, 1982: The Community Development
Director, Planning Commission, and HRA recommended the Council establish the I
following allocation of CDBG funds for 1982.
1. Preparation of a city housing needs assessment study at an estimated cost of
$2,600.
2. Preparation of revised Zoning and Subdivision Ordinances and codification at
an estimated cost of $12,800, with $5,000 to be provided from upcoming Year
VIII funds, and an additional $7,800 to be allocated from the current program
period, Year VII.
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Council Meeting March 15, 1982
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Councilwoman Swenson moved to approve items 1 and 2 of the Community Development Director's
report of March 10, 1982, with excess funds to be set aside for senior citizen housing.
The Community Development Director is directed to schedule a hearing to amend Year VII.
Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried. RESOLUTION NO. 82-06A.
CONSENT AGENDA: Councilman Horn moved to approve the following consent agenda items
pursuant to the City Manager's recommendations.
b. Drive Four Conditional Use Permit Renewal.
d. 1982 Plumbing Inspector's Fees.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
TRUNK HIGHWAY 169 CONSTRUCTION PLANS:
RESOLUTION #82-D7: Councilman Horn moved the adoption of a resolution approving bridge
construction on Highway 169 in Chanhassen and direct the City Engineer send a letter to
MnDOT regarding Council concerns in terms of state project priorities and revenue sources
and to set up a joint meeting between state representatives and the City Council to
discuss these concerns. Resolution seconded by Councilman Neveaux. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
ORDINANCE 28A: Councilman Horn moved to approve Ordinance 28A with the following
changes:
3.01. The Commission shall elect a chairman from among its appointed members for a term
of one year; and the Commission may create and fill other such offices and
subcommittees as it may determine. The City Manager or his designee shall act
as secretary of the Commission, but he shall not be a member.
3.02. The Commission shall hold regular meetings as specified in its rules for the
transaction of business. It shall adopt rules for the transaction of business
and shall keep a record of its resolutions, transactions, and findings, which
record shall be a public record.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
Councilman Neveaux
following voted in
Geving, and Horn.
moved to adjourn. Motion seconded by Councilman Geving.
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
No negative votes. Meeting adjourned at 12:30 a.m.
The
Neveaux,
Don Ashworth
City Manager