1977 04 04
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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.
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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.
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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
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City Council Meeting April 4, 1977
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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.
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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.
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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.
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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.
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City Council Meeting April 4, 1977
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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