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94-38City Council Meeting - March 28, 1994 Mayor Chmiel: Yes. Resident: Mayor, I represent largely the 2nd Addition in Chanhassen Estates. Mayor Chmiel: Could I just sort of, that's on the agenda. Resident: Yeah, I was told that during the Visitor Presentation I should come up and state my case. Mayor Chmiel: Yeah, if it's not on the agenda but it is on the agenda so that will be discussed and you'll have your opportunity at that time. Thank you. Anyone else? Seeing none we'll move right along. PUBLIC HEARING: CITY CODE AMENDMENT REGARDING CHANGING THE HOURS SOLID WASTE/RECYCLING CAN BE COLLECTED. Don Ashworth: City Council asked that the hours of collection be modified from 6:30 a.m. to 7:00 a.m. The City Attorney has drafted that change. Staff made the assumption that you wanted that to apply to residential properties only and for second and final reading we will have that modification in front of you. Approval of first reading is recommended with the condition that staff modify that to show residential only. Mayor Chmiel: Is there anyone else wishing to address this issue at this time? If seeing none, can I have a motion to close public hearing? Councilman Mason moved, Councilman Senn seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Mayor Chmiel: Any discussion on this item? Councilman Senn: I move approval. Councilman Mason: Second. Councilman Senn moved, Councilman Mason seconded to approve the first reading of the City Code amendment regarding changing the hours that solid waste/recycling can be collected. All voted in favor and the motion carried unanimously. PUBLIC HEARING: AUTHORIZE FILING OF RATE REGULATION, TRIAX CABLEVISION. Mayor Chmiel: Once again I'd like to open this. This is a public heating. Don, would you like to address this? Don Ashworth: FCC roles reqUire that a city provide the cable operator with notification of your intent to carry out rate regulation. The earliest that we would see the filing of that would be mid-May. However to start the process you need to formally pass a resolution at this point in time. The Council has a copy of the resolution. It's in the separate packet that was distributed this afternoon and it's labeled 4/4. Approval of that resolution is recommended. Mayor Chmiel: And I think that the memo does clarify the fact that if determination is, that you're actually going to file that resolution, we need to pass this now so in the event we do go with that, we can take hold and City Council Meeting - March 28, 1994 move ahead. Or if we still might feel comfortable enough in tying in with the Lake Minnetonka District on cable television as well. Of the other 12 cities. Is there any discussion? Councilman Senn: Don, if we file this initial one, now this eats up what? The $2,500.00? Mayor Chmieh $2,500.00. Councilman Senn: The initial application? Don Ashworth: Well I think for this initial filing we can do that relatively cheaply. When right after our meeting the other day with Brian I confirmed, we're looking at potentially $100.00 or $200.00 to carry out the filing. And again, I will keep the City Council posted as to what we do during our meeting in April and May. And you again may decide to say, to me, don't file that. But at least this gives the operator the notice that we're planning on doing it. Councilman Senn: And you have to just...at this point? Don Ashworth: That's correct. Mayor Chmiel: And I might su'ongly suggest that we go this route because I know with discussions that we've had with the cable company and some of the concerns that we've had and some of the questions we've ~sked, the things that we've wanted, we've not gotten so this would put a little more bite into us, back into them. Is there a motion? Councilman Senn: I would move approval. Councilman Mason: Second. Councilman Senn moved, Councilman Mason seconded to close the public hearing. Ail voted in favor and the motion carried. The public hearing was closed. Resolution g94-38: Councilman Senn moved, Councilman Mason seconded to authorize the City to ~e for rate regulation with the FCC. All voted in favor and the mOtion carried unanimously. AWARD OF BIDS: NEW ELEMENTARY scHOOL SITE GRADING. Todd Gerhardt: Mr. Mayor, Council. Included in your packet are the award of bids for the mass grading for the new Chanhassen Elementary School site. Bids ranged from $694,000.00 on the low end up to $1,021,600.00 on the high end. The engineer's estimate on this project was $810,000.00. Staff has done a review of the low bidder, J & K Grading and Trucking out of Shakopee and has found them to be a reliable company. It's staff's recommendation that you go with J & K Grading for the bid amount of $694,000.00. And to update you, the School Board has not accepted bids as of yet. We are still working our a purchase agreement and development contract with them. They did not want to award bid on that until we had all the documents sent. DOn Ashworth: Mr. Mayor? Our recommendation is approval conditioned upon the School District similarly making that award so.