1982 08 23
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REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 23, 1982
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: Councilwoman Swenson moved to approve the agenda
as presented with the deletion of Fox Chase PRD. Motion 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 second paragraph, page 5, under ASSESSMENT REVIEW,
LOTS 3007-3012, CARVER BEACH in the August 2, 1982, Council minutes
as follows: Council members agreed that when Mr. Cranston purchased
the property the Council would consider the removal of the sewer and
water unit assessment and an area assessment levied.
Councilman Horn moved to approve the August 2, 1982, Council minutes
as amended. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn.
Councilwoman Swenson abstained. Motion carried.
Councilman Horn moved to note the July 22, 1982, Planning Commission
minutes. 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 moved to note the August 10, 1982, Board of
Adjustments and Appeals 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.
WESTERN HILLS THIRD ADDITION, ASSESSMENT OF ENGINEERING COSTS: Tom
Klingelhutz was present requesting additional time to review the work
sheets prepared by Schoell and Madson.
Councilman Geving moved to table action to September 20, 1982. 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: Mayor Hamilton moved to approve the following consent
agenda items pursuant to the City Manager's recommendations:
a. Street Vacation Request, Lot 4, Block 1, and Lot 4, Block 2, Moline'
Addition. Set public hearing date of September 20, 1982.
b. Approve Election Judges and set wages. $3.50 per hour.
c. Set Regular Meeting Date of September 7, 1982.
d. Special Meeting Date, Work Session, 1983 Budget, September 13, 1982.
e. Lotus Lake Estates Homeowners Association Conditional Use Permit.
f. Police Advisory Committee Ordinance Amendment.
Motion Seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No
negative votes. Motion carried.
BILLS: Councilman Neveaux moved to approve the bills as presented:
Checks #13811 through #13886 in the amount of $990,676.87, Check #17992
in the amount of $337.55, Checks #17994 through #18084 in the amount of
Council Meeting August 23, 1982
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$127,518.16. Motion seconded by Councilman Horn. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
BUILDING MORATORIUM, FAST-FOOD DEVELOPMENT SOUTH OF HIGHWAY 5: Dave
Sellergren was present. The City Attorney presented options for
Council consideration.
1. Do not establish any moratorium and allow the proposed new zoning
ordinance to be developed in accordance with the existing time
table.
2. Immediately adopt two amendments to the existing zoning ordinance,
i .e., insert a definition of "fast-food restaurant" and specifically
exclude "fast-food restaurant" from specified commercial zones.
3. Adopt the moratorium but exclude all of Outlot 2.
4. Adopt the moratorium but exclude the actual McDonald's site.
5. Adopt the moratorium but exclude the P-3 properties.
Councilman Horn moved the adoption of a six-month building moratorium
on fast-food development covering all of the property in the public
hearing notice with the exception of the McDonald's site. The rationale
for the moratorium is:
1. Proximity of residential development (i.e., noise and litter problems)
and desire to study possible solutions during the moratorium period.
2. Desire to channel consumer oriented businesses into the central
business district (and Chanhassen Lakes Business Park area) in
conjunction with HRA project.
3. Desire to temporarily delay development of additional high traffic
uses until such time as the pending economic development district
highway improvements can be completed.
4. Belief that the construction of additional high traffic uses would
cause Dakota Avenue intersection traffic to exceed the capacity of
the intersection.
5. Until the frontage road is completed to 184th Avenue to alleviate
congestion.
Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn.
Councilman Geving voted no. Motion carried.
CI'rY PROPERTY AT PROPOSED COUNTY ROAD 18 AND COUN'rY ROAD 17 INTERSECTION:
Mrs. Dean Degler asked if they the Council would consider selling the
remainder of the City property located at this intersection after
construction of new County Road 18 is completed. Mayor Hamilton stated
that the Council would like to wait until after the intersection has
been completed in order to define the exact boundaries of the City
property and review the request at that time.
JERRY LHOTKA, CANDIDATE FOR CARVER COUNTY SHERIFF: Mr. Lhotka introduced
himself to the Council and spoke on his own behalf as a candidate for
Sheriff.
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SURFACE WATER USAGE ORDINANCE: Councilman Horn asked the status of this
proposed ordinance. The City Manager stated that staff had met with I
representatives of the DNR to discuss areas that the DNR would not
approve. The Assistant City Attorney reported on the outcome of the
meeting with DNR representatives. He has prepared a memorandum to
the DNR setting forth how the sections in question will be reworded
and asking for approval to insert the changes in the proposed ordinance.
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Council Meeting August 23, 1982
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Councilman Horn asked that the meeting with DNR representatives be
documented and a copy sent to legislative representatives.
CONDITIONAL USE PERMIT REQUEST AND OFF-SALE LIQUOR LICENSE, 195 WEST 78TH:
Guy Petersen was present seeking approval of an off-sale liquor license
and conditional use permit to open a liquor store at 195 West 78th Street.
Councilman Geving moved to grant the off-sale liquor license to Chanha~sen
Liquors located at 195 West 78th Street in the name of Guy Petersen
conditioned upon Council approval of a conditional use permit which has yet
to be drafted after complete staff and Council input. Motion seconded by
Councilman Horn. The following voted in favor: Councilwoman Swenson,
Councilmen Neveaux, Horn, and Geving. Mayor Hamilton voted no. Motion
carried.
Council members questioned whether the structure value, after the
is constructed, meets the ordinance requirement of Section 5.02.
applicant must completely comply with all ordinance requirements.
Geving left the meeting.
addition
The
Councilman
Mayor Hamilton moved to table action and direct staff to hire an appraiser
at the owner's expense, to determine the structural value including the
proposed addition. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux
and Horn. No negative votes. Motion carried.
OFF-SALE LIQUOR LICENSE, GRAPEVINE, INC., WEST 79TH STREET: Councilman
Neveaux noted that the value of the structure has been omitted in the
application. Luke Melchert and David Schulz were present.
Councilman Neveaux moved to grant the off-sale liquor license to Grapevine,
Inc. d/b/a MGM Liquor Warehouse. License approval is granted contingent
upon verification by the City Attorney that all ordinance requirements are
met. Motion seconded by Councilman Horn. The following voted in favor:
Councilwoman Swenson, Councilmen Neveaux and Horn. Mayor Hamilton voted no.
Motion carried.
CONDITIONAL USE PERMIT AMENDMENT REQUEST, MINNEWASHTA REGIONAL PARK: Many
residents of the Minnewashta area were present. Pat Murphy, Carver County
Director of Public Works was also present. The Metropolitan Council/DNR
are seeking City/County deletion of the 15 horsepower restriction claiming
that it is discriminatory as it does not apply to any other property owners
or launching area on the lake. Citizens on the lake feel that the
restriction should not be removed as the City/County made a commitment
to placement of this restriction as a part of the original plan approval.
Additional factors of concern include the inadequate parking existing at
the public launching facility off Minnewashta Parkway, the City's ability
to incorporate the launching activites at Lake Minnewashta as a part of
overall water surface management ordinances, and the recognition of the
environmentally sensitive area where the boat launch facility is located
at the regional park.
Councilwoman Swenson moved to table action to give Mr. Murphy an opportunity
to discuss options with the Metropolitan Council/DNR. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes.
Motion carried.
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Councilman Neveaux moved that an ad-hoc committee of Tom Merz,
Gouncilwoman Swenson, Councilman Neveaux, and Councilman Horn be
appointed to review options and report back to the Council within
30 days. Motion seconded by Mayor Hamilton. The following voted in
favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and
Horn. No negative votes. Motion carried. Pat Murphy, Arnie Hed
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SHORELAND MANAGEMENT SETBACK VARIANCE, 3301 SHORE DRIVE, BILL NAEGELE:
Mr. Naegele is requesting a 35 foot ordinary high water mark setback
variance in order to construct an addition onto his garage.
Councilman Neveaux moved to accept the Board of Adjustments and Appeals
recommendation of August 10, 1982, to allow a setback variance for
Bill Naegele at 3301 Shore Drive. Motion seconded by Councilwoman Swenson.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux and Horn. No negative votes. Motion carried.
ORDINANCE AMENDMENT AND SUBDIVISION REQUEST FOR DRIVING RANGE AND
MINIATURE GOLF COURSE, R-1A DISTRICT, 7800 GALPIN BLVD. Representatives
of the proposed driving range/miniature golf course as well as Mr. and
Mrs. John Hennessy and Mr. and Mrs. Roger Schmidt were present. A
variance is requested to subdivide an 18 acre parcel in the unsewered
area of the City and a zoning ordinance amendment to establish driving
ranges and miniature golf courses as conditional uses in the R-1A
District is also requested.
RESOLUTION #82-48: Councilman Neveaux moved the adoption of a
resolution approving the subdivision of the 18 acre parcel as presented I
this evening under Planning Case 82-7 with the condition that
appropriate documentation be recorded with the Carver County
Recorder's Office reflecting that the property is not eligible
for a residential, commercial and/or industrial building permit.
Resolution seconded by Mayor Hamilton. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn.
No negative votes. Motion carried.
Councilman Neveaux moved the adoptiDn of a zoning ordinance amendment
to allow as a conditional use in an R-1A District golf driving ranges
with the provisions that the uses have frontage on a minor arterial,
the uses be located so as not to be closer than 500 feet from three
of more residential dwellings, and that the conditional use permit must
have adequate screening from adjacent property owners. Motion seconded
by Councilman Horn. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes.
Motion carried.
Councilman Horn moved to adjourn. Motion seconded by Councilman Neveaux.
The following voted in favor: Mayor Hamilton, Councilwoman Swenson,
Councilmen Neveaux and Horn. No negative votes. Meeting adjourned at
12:00.
Don Ashworth
City Manager
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