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1977 04 04 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING APRIL 4, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Geving, and Waritz. Councilman Neveaux was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Pearson and seconded by Councilman Geving to approve the agenda as presented. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. MINUTES: Councilman Waritz moved to approve the March 21, 1977, Council minutes and public hearing minutès. Motion seconded by councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Geving to approve the Joint Meeting with City Council, Planning Commission, Ecological Committee, and Park and Recreation Commission minutes of March 16, 1977. The following voted in favor: Councilmen Pearson, Geving, and Waritz. Mayor Hobbs'gbstained. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Waritz to note the March 15, 1977, Park and Recreation Commission minutes. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. The Council noted that the Planning Commission did not have a quorum for their March 23, 1977, meeting. COMMUNITY FACILITIES INTERIM STUDY COMMITTEE: Several members of the study committee were present. The committee presented a recommendation for the use of St. Hubert's Church. They recommended the Council attempt to acquire the old st. Hubert's Church building for use an an extension library in the basement and meeting room for community groups or senior citizens center upstairs. The committee requested that the Council express interest or lack of interest in utilizing the old church building. This statement would be presented to the St. Hubert's Committee prior to April 12, 1977. Several members of the church committee were present. A motion was made by Councilman Pearson and seconded by Councilman Waritz that the Council is interested in using the-building as a coriun:µnity facilit~ but at this time cannot make any commitments. The Council will continue to explore both a referendum and the Community Development Block Grant. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. PARK ACQUISITION AND DEVELOPMENT ORDINANCE - FIRST READING: Francis Callahan, Community Services Director, was introduced to the Council. This meeting was established to provide developers and contractors an opportunity to speak on the proposed ordinance. Contractore present and speaking from the audience included: Tom Klingelhutz and Rodney Hardy. Members of the Park and Recreation Commission present included: Pat Boyle and Phyllis Pope. City Council Meeting April 4, 1977 -2- Al Klingelhutz has noted that he will be preparing and distributing copies of his statements directly to Council Members and a copy of such will be filed when received. The City Council acted to table this item to the April 18, 1977, Agenda for discussion purposes only. Staff was directed to respond to comments made by developers and to consider means by which the development fee could be reduced. Councilman Waritz moved to place proposed Ordinance 14-A on first reading. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. AMENDMENT TO ZONING ORDINANCE - R-IB SINGLE FAMILY DISTRICT: A motion was made by Councilman Geving and seconded by Councilman Waritz to adopt Ordinance 47-F with the revised purpose statement. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. BLUFF CREEK DRIVE: Mr. Len Takkunen, 1291 Bluff Creek Dr., presented a petition calling attention to the condition of Bluff Creek Drive. VARIANCE REQUEST - PETER BABATZ: Mr. Babatz requested the Council table this item until he can appear before the Council. Councilman Geving moved to table action. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. VARIANCE REQUEST - JEROME NORTHRUP: Christine Wilson, owner, was present requesting an area variance at 833 Elm Road to construct a home on a 12,000 square foot piece of property. The Board of Adjustments and Appeals suggested that a 20 foot lot to the east of this parcel be attached to Ms. Wilson's property and Ms. Wilson give up a 20 foot lot on the west end of her property in order to make the parcel on the west buildable. Mr. Vernon Kerber, owner of lots on the east and west, stated he would agree to swap one lot. Councilman Pearson moved to grant the variance to the area requirement and Ms. Wilson set her house 30 feet from the west property line. The two owners work out the problem. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. I I LIQUOR LICENSE APPLICATION - BOWLING CENTER: Bob Mason, Herb Mason, and Gene Reilly were present along with many residents of Chanhassen Estates. The Planning Commission is presently considering the proposal for a bowling center to be located on the south side of I Highway 5 and east of Dakota. Bill Baden is asking the Council for comments as to whether or not they would consider allowing a liquor license for a bowling center. Bob Mason spoke in behalf of Mr. Baden who was not present. The center is proposed for the easterly part of the property and would require a service road to Dakota Avenue. The building is 25,200 square I I I City Council Meeting April 4, 1977 -3- feet of which the liquor establishment covers 20% of the structure. The frontage road would be located between the center and Chanhassen Estates single family homes. Council members commented on the liquor license consideration: Mayor Hobbs - My feeling is, at this particular point in time, I wouldn't want to comment on it one way or the other because I think these projects have to go through a stage and when they get to that particular point in time that part has to be discussed and discussed in depth. In looking at the letter before us there are a lot of questions that I would like to ask. In the past I have only been through one liquor license transfer and that was a very detailed type of thing. The rest of the Council can speak for themselves if they want but I wouldn't feel free to make any opinion one way or the other. The way I see it, Mr. Baden wants a bowling center with a liquor license or no bowling center at all. Let's say that this Council hypothetically says we have nothing against bowling centers with liquor licenses and he goes out and spends $15,000 and we don't give him a liquor license. He is going to say, I have been railroaded. Maybe someone else will come in in the meantime that we think can make a more beneficial use of those two liquor licenses that the city has. I think it's putting us in a very difficult situation. If you want an opinion on the bowling center, I have nothing against bowling centers and I would love to see one in Chanhassen. We might say, bowling and liquor are fine but you get down the road and we say we don't want any liquor on the lanes. I prefer not to comment on it. Councilman Geving - I think we are talking about a developer who is willing to come to Chanhassen and invest a considerable amount of money for an activity that is leisure oriented for something that could be good for Chanhassen. I think we have property that Mr. Mason has over the many years, had difficulty trying to market one way or another because of some pressure. I feel that a bowling establishment in Chanhassen would be good for Chanhassen. I have no big hang-ups on the liquor issue. I might wince a little bit about the liquor on the lanes. I think I have been called by at least ten individuals over the week end indicating support for this partlcular establishment. My major concern is the access road and some of the other things, the policing aspects and some of those. As far as the establishment is concerned I very much {avor Mr. Baden's interest in Chanhassen. Councilman Pearson - I have nothing personally against the idea of a bowling center with a liquor license. I might be a little hesitant to consider both liquor licenses in that area. City Council Meeting April 4, 1977 -4- Councilman Waritz - I have got nothing against bowling center. I have nothing against a bowling center with liquor and I have got nothing against a bowling center with liquor on the lanes. If you are asking to put it on that particular location, that's a whole different question. I guess I have a problem, it seems every time a proposal has come up for that piece of property,Mr. Mason has owned and developed that whole area, he has aold the property that the homes are built on and somehow there seems to be a mutual misunderstanding of what was going to happen to that property on Highway 5. -Whether that was the people that bought property in Chanhassen Estates and built their homes there, I don't think they ever expected anything like this to be built there. Every time a proposal has come up there, just from the residents of Chanhassen Estates, it seems to be very controversial. I don't know what the problem is whether the people that bought property there didn't understand that when they bought it, I don't know what it is. Apparently there is a total misunderstanding of what should go in there between the residents of Chanhassen Estates and Mr. Mason. As far as the concept of a bowling center and liquor, I have got no problem with that. I NON-INTOXICATING ON-SALE LIQUOR LICENSE - ST. HUBERT'S CHURCH: Councilman Geving moved to grant a Non-Intoxicating On-Sale Liquor License to st. Hubert's Church for a fee of $1.00. Councilman Waritz seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. I PROPOSED SIGN ORDINANCE: Adolph Tessness and Tim Stone of the Sign Committee were present. Mr. Tessness requested that the city install a sign at the intersection of Great Plains Blvd. and Arboretum Blvd.; that the proposed sign ordinance be taken before the Chanhassen Chamber, of Commerce for their comments; that a public hearing be held on the ordinance. Money for the sign was allocated in the 1976 Budget. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: A letter has been sent to the Physical Development Committee to become part of the record of the public hearing regarding the criteria that the Metropolitan Council used for the A-95 Review. The Council expressed concern that the Physical Development Committee did not acknowledge receipt of said concerns. A letter will be sent to HUD appealing the Metropolitan Council's decision. A letter will also be sent under Mayor Hobbs signature to John Boland, Chairman of the Metropolitan Council, outlining the city's concerns regarding the process the I Metropolitan Council uses to determine whether a block grant application is consistent or inconsistent with area wide plans. I I I City Council Meeting April 4, 1977 -5- CBD PARKING LOT STATUS REPORT: The City Attorney has prepared a preliminary draft of the purchase agreement. He will be discussing this with Harry Pauly. Council members received a copy of this draft. OFFICIAL COUNCIL MEETING TIME: It was decided to start Council meetings at 8:00 p.m. METROPOLITAN WASTE CONTROL COMMISSION MEETING: A meeting has been scheduled for April 6, 1977, at 10:00 a.m. in the Carver County Courthouse to discuss a possible hazardous waste disposal site in ChanhassenjChaska. SPECIAL COUNCIL MEETINGS: On April 25, 1977, the Council will meet with the engineer, fiscal consultant, and auditor relative to the debt service study. June 13 has been set for the Council to hold a Board of Review meeting for property valuation. Mayor Hobbs called a special meeting for May 9, 1977, to meet with the city attorney and planner. COMMUNITY FACILITIES INTERIM STUDY COMMITTEE: A motion was made by Councilman Pearson and seconded by Councilman Waritz to appoint Mary Klingelhutz to the Community Facilities Interim Study Committee. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Geving and seconded by Councilman Pearson to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Meeting adjourned at 12:00. Don Ashworth City Manager