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1989 01 09CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 9 ~ 1989 Mayor Chniel called the meeting to order at 7:30 p.m.. The ~ting was opened with the Pledge to the Flag. ~ILM~4BERS PRESENT: Mayor Chniel, Oouncilman Boyt, Councilman Workman, Councilwoman Dimler, and Councilman Johnson STAFF PRESENT: Don Ashworth, Roger Knutson, Gary Warren, Larry Brown, Steve Hanson, Todd Gerhardt, Lori Sietse~a and Jim Chaffee OATHS OF OFFICE: Roger Knutson administered the oaths of office for Mayor Ch~iel, Councilman Tcm Workman and Councilw~nan Ursula Dimler. Councilman Johnson moved, Councilman Boyt seconded to approve the agenda with the following additions and changes: Councilman Johnson asked to move the Oaths of Office prior to approval of the agenda and Councilman Boyt wanted to discuss the squad car, Moon Valley mineral extraction, and Park and Trail fees. All voted in favor and the motion carried. VISITOR PRESENTATION: PRESENTATION OF GIFT FRf~ THE MAYOR OF TAUFKIRCHEN, BAVARIA FR(IM STEFFAN GRIESSER, FOREIGN EX~HAN(~ STUDENT. Steffan Griesser: This is a mug showing the Coat of Arms of my town, Taufkirchen which is a town in the heart of Bavaria of about 1,000 habitants. Many farms. Nothing more. This is a letter. I don't know what's in there. I haven' t read it. Mayor Chniel: I think Steffan, you best read this. Steffan Griesser: Dear Mr. Mayor. I want to send you greetings through the student Steffan Griesser who lives in the c(m~nunity of Taufkircben. Steffan will present a mug in the ~ of our co~mm~ity, coat of arms of that community to you. He's going to live in your town for one ~ar with a family. The cc~m~hnity of Taufkirchen is a typical country community with only 1,200 inhabitants. It is located about 80 kilometers east of Y~nich and covers an area of approximately 25 sc~3are kilcmeters. About 50% of our inhabitants are farmers. The rest are workers, businessmen, craftsmen. The financial status of our co~nunity is very.good so that we can cover our expenses without difficulties. At the mcment ~ are constructing a c(mmunity center, a City Hall and Fire Brigade Hall with a cost of about 4 million German marks which is about $2,225,000.00. Apart from this there are not any special occasions. For I~ur work but also for your family, I wish you all the best. Frier~ly greetings. Mayor Chniel: We too in exchange for the gift presented to us, w~ are going to send to your Honorable Mayor of Taufkirchen in Bavaria and the letter will read as such: The City of Chanhassen, Minnesota, USA was extremely honored to receive a token fr~n your cc~munity as a part of our City Council meeting on January 9, 1989. Mr. Steffan Griesser is an outstanding young man and w~'ve heard many good things about you. One of whom your country, and ours, can be City Council Meeting - January 9, 1989 proud of. It is with deepest of respect and desire to insure that our friendship shall continue into the years ahead that I present the attached tokens of our appreciation. The board that we have in this larger box here, was cut from a maple tree. The tree for which our community w~s named. Specifically it was the American Indian who first settled our area and gave the city it's name Chanhassen in recognition of the numberous stands and beauty of the sugar maple trees within our comnunity. The maple syrup, which we also have in the smaller box, is unique in this area and other parts of North America where sugar maples are abundant. On behalf of the Chanhassen City Council, I would again like to thank you for your hospitality. May 1989 be a good and prosperous year for you and our cities. ORGANIZATIONAL ITEMS: RULES OF PROCEDURE AND 1989 MEETING SCH~D~E. Mayor Chmiel: Getting back to the organizational items, item 2(a), Rules of Procedure for the 1989 Meeting Schedule. Are there any additions or changes? Councilman Johnson: Yes, Mr. Mayor. I have a few. Starting at the front, I think this is almost out of sequence here in that they also have a recommendation for City Council meetings and the last two months they come on the 1st and 3rd Mondays versus the 2nd and 4th. This w~s at my suggestion because the fourth Monday of Dec~nber happens to be Christmas. I didn't think we really wanted to meet that day. In order to get our two meetings ~.n, it worked out, the 1st and 3rd worked out. If everybody has looked at the schedule and liked that, I'd like to modify Section 1.01 by adding to the end of it a statement that something to this effect. Due to the Thanksgiving, Christmas holiday season, the November and December, 1989 regular meetings shall be on the first and third Mondays at 7:30 p.m., so that we cover that slightly different schedule than what is shown in our Rules of Procedures. Councilman Boyt: I ' 11 second that. Mayor Ch~iel: It's been moved and seconded. Are there any further discussions? Hearing none, we'll vote... Councilman Johnson: Vote on that one change? Mayor Chmiel: Vote on that one change of item 1.01 of Regular Meetings indicating those as to what you had indicated from the 2nd and 4th to the 1st and 3rd Mondays. Councilman Johnson: That's just for the months of November and December. Mayor Chmiel: Right. Are there any additional housekeeping? Councilman Johnson: Yes, there's plenty. Are we going to vote on these one at a time because I have several more? Mayor Chmiel: I was thinking that as we continued on with the Rules of Procedure, I think what we have to do is go one by one with this or any of those that you feel should be changed, just address those automatically rather than City Oouncil Meeting - January 9, 1989 goin~ one by one which would just take too much time2 Councilman Johnson: Because I've got about 3 or 4 areas I'd like to discuss. Section 1.08, Curfew. I believe what I'd like to add, at the end of the second sentence, no meeting shall continue past 12:00 midnight. Since w~'ve found that necessary several times, I hate to have rules that restrict you totally. I'd like to put in a ccn~a, unless approved by the Council. It becomes more of a target because in order to do a lot of business, it will become necessary I suspect o Councilwoman Dimler: Could I amend that to say, approved by the Council by four-fifths vote? Mayor Ch~iel: There's a motion with an a~endment to that motion. Will you accept that? Councilman Johnson: Yes. I have no probl~n. R~ger Knutson: Maybe I can just point out it's already in there. That is Section 12, Page 7 that you have right now. Councilman Johnson: Okay, thank you Roger. So w~ don' t need that amendment whatsoever. Councilw~nan Dimler: Then I withdraw it. Councilman Johnson: We don't need mine either because what Section 12 says is that w~ can waive with a four-fifths vote any of the rules that we've got. Mayor Chniel: Any of the rules specifically so that can be struck. Councilman Johnson: Then page 5 and 6, Section 10.02, Passage of Ordinance, Resolutions and Motions. You talk about, let me just read the first sentence here. Every ordinance, resolution be presented in writing, and read in full at a Council mecting provided however that the readirg of an ordinance or resolution may be dispensed with by unanimous consent and I'd like to also put in here, or when passed on the Consent Agenda. Several times our ordinances will also be on the Consent Agenda in which case they won't be read. That's the end of my changes that I recommend to this. Mayor Chniel: That specific one has been moved. Is there a second to make that change? Councilman Boyt: I'll second it if it clarifies things. Councilman Johnson moved, Councilman Boyt seconded to amend Section 10.02, Passage of Ordinance, Resolutions and Motions to include the phrase, or when passed on the Consent Agenda at the e~d of sentence, Every ordinance, resolution be presented in writing, and read in full at a Council meeting provided ~er that the reading of an ordinance or resolution 'may be dispensed with by unanimous consent. All voted in favor and the motion carried. Council Meeting - January 9~ 1989 Councilman Johnson moved, Councilman Boyt seconded to amend Section 1.01 to include the following sentence: Due to the Thanksgiving, Christmas holiday season, the November and December, 1989 regular meetings shall be on the first and third Mondays at 7:30 p.m.. All voted in favor ar~ the motion carried. Councilwuman Dimler: I have under Section 2, Agenda for Regular Meetings and specifically addressing Section 2.02, the Maintenance of the Agenda to be found on page 3. In the second paragraph it starts the Mayor and each counci~r shall be provided with an agenda and Minutes and so on and it goes on to say at least 72 hours prior to the meeting. I would like to change that to read, 96 hours prior for the following reason. I believe that by receiving the packet on Thursday rather than on Friday, it usually comes in the afternoon or evening, close to evening, that this would give us one extra business day where we can consult with the City staff. Otherwise you only have Monday which is the day of the meeting and sometimes it is difficult to get information in that short a period of time. So I would move that we change that from 72 hours to 96 hours. Councilman Johnson: I'll second her move. You and I have discussed this too. I'd even like to move it back another day to Wednesday so that we can have it reviewed. There's a lot of times I spend a lot of today on the phone with staff going over some of these itsms and they don't just have the time to review it in that time. I think at least on Thursday. Probably in conjunction with that, I think there may be sc~eplace in here when it says all business cc~ning to us has to be in by the Monday before. We could roll that date at the same time as this date rolls back would be another suggestion. Mayor Chmiel: Alright. With the moving of the 96 hour and it has ~cn seconded. All those in favor? Councilman Boyt: I have a ccm~nent first. I think that as I suspect this is going to pass but it's not going to without consequence. One consequence is that over the past couple of years, if not longer, I think the Council has wanted to do this. The responses that I've always received is that there's not staff time to do it. That staff is very frequently working until the end of the day Friday to get information typed up, copied and out as it is now. It makes sense to do this except that sc~ewhere we're going to be telling people they can't get on the agenda and I just want to be sure that as we vote for this, we all recognize that there are going to be builders and developers, and others, who are fighting timelines, that are not going to make the agenda with this deadline. Councilman Johnson: One of the big problems is people bringing in information late. There is a restriction. Everything that's to be presented to the Council has to be in by the Monday prior to it. We have people bringing things in at the Council meetings. Bringing things in late Friday and whatever. If the enforc~nent is earlier, it can work but I think that Monday has to be rolled back to the previous Friday to give staff that extra, or we could roll it back to the previous Thursday. Don Ashworth: I think Bill's points are good. I have talked with Karen on this iten. I'm aware that it is a desired change. Accordingly staff will abide by the Council's wishes and get the agendas out on Thursday. The only exceptions may be where we have machine down time or in the instance of like a Monday City Council Meeting - January 9, 1989 holiday which gives us one less working day. Otherwise, w~ will do everything within our power to acc(~modate ar~ try to do this. Mayor Chniel: As mentioned previously, be changed to the 96, at least 96 hours prior to each regular council meeting. Councilwuman Dimler moved, Oouncilman Johnson seconded to auend Section 2.02, Maintenance of Agenda to charge 72 hours to 96 hours prior to each regular Council meeting. All voted in favor ar~ the motion carried. Mayor Ch~iel: Are there any additional itsms? Councilman Boyt: I have one Mr. Mayor. On page 2, 1.07, Consent Agenda. It's ~---~n our practice to any it~ns that were r~moved fr~n the Consent Ager~a to place those first on the regular agenda. Frequently w~ have people h~re who just want to see if it's going to pass or not arz] usually if scmethirg is pulled off the Consent Agenda it's for fairly simple, straight forward kind of change. So rather than put then last on the agenda, I'd like to see then moved up to the . first order of business. Councilman Johnson: I'd like to see the enforcement of the last sentence on this also. If the applicant's not here ar~ it's goir~3 to be discussed, that table it. Something that we've never done before. I think that's fair to the applicant. An administrative cc~ment. Mayor Ch~iel: Okay, the motion is to move the Consent Agenda to the first order of business. Councilman Boyt moved, Councilman Johnson seconded to ~mm~d Section 1.07 to read that if an iten is removed frcm the Consent Agenda, that the ite~ be discussed as the first order of business. All voted in favor and the motion carried. Mayor Ch~iel: I would like to make a motion that we accept the Rules of Procedure for Conduct of City Gouncil business and a resolution number will have to be added to this. Is there a nt~9~_r for that Don? Don Ashworth: No, it has not ~t been assigned. Mayor Chniel: Alright, a ntm~ber then will be assigned as a resolution nt~nber. Councilman Johnson: I'll second that. Resolution #89-01: Mayor Chniel moved, Oouncilman Johnson seconded to approve the Rules of Procedure a~d the 1989 --~--cting Schedule as a~ded. All voted in favor and the motion carried. City Council Meeting - January 9, 1989 OFFICIAL NEWSPAPER" Don Ashworth: ~ne City has received a copy of a request frown the Sailor as well as the Villager to act as the official newspaper for the City. The City Attorney has researched the issue and really feels that only the Villager can be considered under Minnesota Statute. Roger is prepared to discuss that ite~ further should the Council wish further elaboration. Otherwise, staff is r~nding appointment of the Villager. Mayor Chmiel: With staff's rec(mmendation, RDger do you have any c~m~ent? Roger K~utson: I can tell you how I got there if you want to know but otherwise no. Councilman Johnson: I'll move the adoption of the Villager as our official newspaper. Councilwoman Dimler: I ' 11 second it. Councilman Boyt: I think it's important that we ask Roger to indicate the rationale behind his position so that people understand how w~ got to this. Roger Knutson: To be appointed your official newspaper, there are two criterias. First, they must be a qualified, legal newspaper. Both the Sailor and the Villager are qualified legal newspapers. The Sailor is right in their comments about that. Once you have more than one qualified newspaper, then the Statutes go on to say, among the qualified newspapers, you have to go through a ranking. If any of the qualified newspapers have a known office of issue in your city, you must appoint that newspaper. As I understand it, the Villager is the only newspaper that has a known office of issue within the City. The Sailor does not. Therefore, the Sailor is not qualified and the Villager is. Mayor Chniel: We have Mr. Chris Burns fr~n the Sailor. Do you wish to make any comment? Chris Burns: I'm not versed in which aspect of the Statute where it goes on to state that. I would only like the Council to know that there are two other c~unities where we have the exact same situation, Wayzata and ~k]en Prairie and both of those communities the Sailor has been determined to qualify as a legal publication. In fact in Wayzata, I believe in the past we have been chosen as the legal publication over the paper that is actually located there so I guess I can't understand how you can find that interpretation and those other co~anunities haven' t. Roger Knutson: You are a qualified legal newspaper. That is not the issue but the Statute is very explicit. It doesn't require any interpretation. It's just a matter of reading it and the Statute says, if there's more than one qualified legal newspaper, here's the rank in which you must select that newspaper from among the qualified papers. If any of th~n have a known office of issue, that paper shall be designated. That's what the Statute says. If s(xneone else isn't following the law, I guess I don't know their situation. Councilman Johnson moved, Councilwoman Dimler seconded to select the Villager as Chanhassen's Official Newspaper. All voted in favor and the motion carried. City Council Meeting - January 9, 19B9 OFFICIAL DEPOSITORY~ Mayor Ch~iel: The next item of business is the official depository for the City of Chanhassen. I have received a letter from the Bank of Chanhassen arzt it's addressed to the Mayor ar~ m~mg~ers of Council. It's written by the President of the Bank. Rather than reading the entirity of the letter, t~ are expressly requesting that they do become the official depository and I would like to make that motion that the Chanhassen Bank be the official depository for the City of Chanhassen. Council~ Dimler: I secor~] that. Mayor Chniel moved, Councilwoman Dimler seconded to appoint The Bank Chanhassen as the Official Depository for the City of Chanhassen. All voted in favor and the motion carried. CITY ATTORNEY, BOND CONSULTANT AND CITY AUDITORS. Mayor Chniel: The next iten is the City Attorney. There are two it~ns actually, I'd like to take these together if I could. Items (d) and (j). I've had some discussions with Mr. Ashworth regarding these two and I'd like you to just sort of clarify those discussions that ~ had Don. Don Ashworth: The City Council does have the authority to, both the auditing function as w~ll as the City Attorney's function is a fees for service type of a position. As such, there is no requirement to officially bid. However, many cities do interview their consultants and one of the suggestions ~s that during the course of 1989 and potentially as early as possible in 1989, that the City of Chanhassen use that process to have an opportunity to interview potential persons for both auditing as well as City Attorney. Mayor Chniel: I think with those t~D specific itens that we've mentioned. It's not saying, at least in my opinion, that Roger is not doing a qualified job but I think it's the responsibility basically of the City to go out and request these. I think you're doing fine work for us but I think it's time that 'we do make a motion or a change of such to go out and request bids fr~n these respective two items. So with that, I would like to open it for discussion with the Council. Councilman Boyt: Well Don I would suggest that if you're going to do that, it would make sense to add (e) to the list. Mayor Chniel: Bond consultant? Don Ashworth: That also is a fees for service tqfpe of service back to the community ar~ could very easily be review~t as a part of other consultants. Mayor C~niel: I would so move that the bond consultant also be. Councilman Boyt: Now my question would be, I happen to agree with Jay. I think we're paying too much there. I think with both (d) and (e), there is an City Council Meeting January 9, 1989 advantage to a long term relationship and I just wonder, if we're going to actually considering interviewing people, that means w~'re going to have to consider changing. I'm just raising the question, do we really want to stir that up when we have the advantage of, especially with the City Attorney, of having a relationship that in fact grows better with time because a person develops a history of a particular city and has been successful in representing the City. Mayor Chmiel: Right. I fully agree. Councilwoman Dimler: Mr. Mayor, I would encourage all the present positions there to reapply and they would certainly be on our list to reconsider. Councilman Johnson: I think one thing I'd like to make sure that we don't, if w~ do this, w~ don't have to do it strictly on a price basis but it's more on what we believe we can get quality of service. I think that always gives an advantage actually to the existing person because he has, like you said, more history and stuff. I always think it's a good idea with consultants, to keep th~m sharp and make th~m rebid against somebody else every now and then. It never hurts. I have no problem with doing that. To do that, what do we basically do? Table these (d), (e) and (j)? Don Ashworth: I would rec~n~end that the existing people be continued until such time as a change were made. Mayor Chmiel: As a part of t_hat, that doesn't require any action or shall we? Don Ashworth: Maybe if I can ask the City Attorney. Is that the type of an item that, I know in other areas you've taken a position that a person continues in office until a subsequent change is made. Recognize this is first of year, would you like to see the City Council adopt, in other words, to name those persons who will be acting until interviews are conducted or can ws just simply go on? Roger Knutson: It really doesn't matter the way you ~ant to handle it. Frankly in most cities we work, this item does not cc~e up on the agenda. It always has since I've been here. It's your practice which is fine. It wouldn' t even have to be an agenda ite~. We all serve at your pleasure and as long as you want us here and you don't want us here. Mayor Ch~iel: Then I would expect a motion from Council. Councilman Johnson: I move that we table item (d), (e) and (j) and continue with Grannis, Grannis, Farrell and Knutson as the City Attorney until such time as the City Council has had a chance to look over the bids. Andy Merry of Meritor Financial Mericur as the bond consultant and Voto, Tautges, Redpath and Company as the City Auditors for the interim. Councilman Workman: I ' 11 second that. Councilman Boyt: I believe that we've already entered into contract with the auditors. Is that correct? City Council Meeting - January 9, 1989 Don Ashworth: For the 1988 audit ~Drk. I'm assuming that Councilman Johnson's motion is, should there be any service work that's required during the next 2 to 3 month period of t~, that Voto would be the one that would be used. Councilman Boyt: I think what is really called for here is possibly a motion to consider other applicants for these positions but w~ can go ahead and approve these tonight as they star~. As you've ir~icated, w~ already have our auditors for this past year which means they'll be working this year to do that audit. The bond consultant is really chosen anytime $~ have a bond issue, so that one's open. A~d as Roger indicated, tbs City Attorney works at_our pleasure and w~ . can change that at any time so I think there's no need to table this. Councilman Workman: It's not part of the City rules is it? Don Ashworth: Most of these are first of year appointments under the Statute with the exception of the City Attorney which as all other cities I've been in have had that one as a first of year appointment. Roger Knutson: A lot of th~n do. A lot of them don't. Mayor Chniel: I think we best retain what we had then. Put out the request for proposals and then we' 11 move frum there. Councilman Johnson: I'll modify my motion. Instead of tabling, to retain what we have. I mean it's the same difference. Mayor Ch~iel: With that change ar~ Ton seconded, if you agree with that change Tc~? Councilman Workman: Sure. Councilman Johnson moved, Councilman Workman seconded to continue with Grannis, Grannis, Farrell and Knutson as the City Attorney, Andy D~_r~ of Meritor Financial Mericur as the bond consultant and Voto, Tautges, Redpath and C~ny as the City Auditors in the interim until such time as the City Council has had a chance to look over the bids. All voted in favor and the motion carried. ACTING MAYOR. Mayor Chniel: Rules of that particular procedure, Don would you like to go through the~? Don Ashworth: The City Council la~arly picks from a~ong itself the Acting Mayor. In the past I'm unaware of a specific policy in that area that has guided the Council in terms of how that selection should be made. Staff does not feel that we're in a position really to make a r~ndation. Councilwoman Dimler: DO you %~nt nominations? Mayor Chniel: Yes, I would open it for nonination. Council Meeting - January 9, 1989 Councilwoman Dimler: Mr. Mayor, I would nominate Tom Workman for Acting Mayor in your absence. Mayor Chmiel: Tom has been suggested as Acting Mayor. Is there any discussion? Hearing none, is there a second? If there is not a second, I would like to second that. It has been moved and seconded. Councilwoman Dimler moved, Mayor Ctxniel seconded to appoint Councilman Workman as Acting Mayor. All voted in favor and the motion carried. WEED INSPECTOR. Mayor Ch~iel: Don, would you like to clarify the weed inspector? Don Ashworth: The ~ inspector under State Law is the Mayor. Past practice has been for the City Council to name a staff person as the acting weed inspector. I'feel that Scott Harr is in the best position to do that. I know we started with Gary Warren but I think really Scott is... Mayor Chmiel: It has been suggested that Scott Harr be the Deputy Weed Inspector. I would entertain a motion for that. Councilwoman Dimler: I so move. Mayor Chmiel: Is there a second? Councilman Johnson: Yes. Councilwoman Dimler moved, Councilman Johnson seconded to appoint Scott Harr as the Deputy Weed Inspector. All voted in favor and the motion carried. FIRE CHIEF. Don Ashworth: State law requires the designation of Fire Chief as part of first of year appointments. However, our local ordinance establishes the Fire Chief for a 2 year position. Dale Gregory is in the second year, will be starting the second year. He has received the endorsement of the Fire Department and staff would rec<mmnend designation of Dale Gregory as the Fire Chief. Councilman Johnson: I'd be proud to move Dale Gregory as our Fire Chief to continue for the next year. Councilw~nan Dimler: I'll second that. Councilman Johnson moved, Councilw~nan Dimler seconded to appoint Dale Gregory as Fire Chief for the next year. All voted in favor and the motion carried. 10 City Council Meeting - January 9; 1989 Don Ashworth: ~r. F~2Dll~ has served the City over the past many l~ars. He receives the large salary of $1.00 per year and staff is rec~m~ndirg that Dr. McCollum be again appointed for 1989. He has agr~ to accept that if you w~uld offer it to him. Councilwoman Dimler moved, Councilman Johnson seconded to appoint Dr. be retained as the Health Officer for the City of Chanha~ for 1989. All voted in favor and the motion carried. COUNCIL APPOINTMENT TO PUBLIC SAFETY ~ISSION. Don Ashw~rth: You have a vacancy in the Public Safety (lm~ission. Recognizing that the Ordinance requires that a m~m_ _her of the City Council serve on that group. Again, as Mayor Hamilton is no lorger Mayor or on the Council, there is a vacancy and according to the ordinance, the Council should pick a m~mber from among itself to serve on that Cc~mission. Mayor C~miel: Being we have the Council appointment to be on the Public Safety Cc~mission, is there anyone on the Council who w~uld be more than willing to serve on the Public Safety. Councilman Boyt: I' 11 take it. Councilman Johnson: Then I' 11 n~minate you. Councilwoman Dimler: And I' 11 second that r~mination. Councilman Johnson moved, Councilw~n Dimler seconded to appoint Councilman Boyt to serve on the Public Safety fk~x~ssion. All voted in favor ar~ the motion carried. CONSENT AG~mDA: Councilman Johnson moved, Councilwoman Dimler seconded to approve the following Consent Agenda items pursuant to the City Manager's rec(m~m~ndations: a. Besolution ~89-02: Approve Change Orders for City Hall and Fire Station Projects. b. Resolution ~: Accept Plans and Specifications and Authorize the Advertising for Bids, Aerial Ladder Truck. c. Final Plat Approval, Ersbo Addition. f. Accept Streets in Pheasant Hills 4th Addition. i. Authorize Preparation of Plans and Specifications for Cleaning, Painting and Repairing 100,000 Gallon Elevated Water Storage Tank, West 76th Street. 11 ~'~ty Council Meeting - January 9~ 1989 j. Issue Certificate of Compliance for Chanhassen Vista 1st, 2nd, 3rd and 4th Additions, Enterprise Properties, Inc. k. Issue Certificate of C0~pliance for Lake Lucy Highlands, M~rrill Stellar. 1. Approve Federal Aid Highway Agency Revised Agreement Regarding Utility Accommodation Policy. m. Resolution #89-04: Accept Plans and Specifications for West 78th Street Stormwater Retention Pond, Kronick; Authorize Advertising for Bids. n. Approval of Accounts. o. City Council Minutes dated December 12, 1988 City council Minutes dated December 19, 1988 Public Safety Cc~mission Minutes dated December 15, 1988 Park and Recreation C~m~ission Minutes dated December 13, 1988 All voted in favor and the motion carried. (D) FINAL PLAT APPROVAL, MINNEWASHTA HIGHLANDS. Councilman Boyt: Item (d), I think speaks to a point that really might be sc~=what relevant to the ability of staff to get things c~mpleted in time for a council meeting that we talked about earlier. It also relates to developers understanding that they need to meet these criteria prior to the council meeting. If you look on page 2, item 11, landscaping was a fairly important part of this particular plat. We spent quite a bit of time the evening it was initially passed discussing landscaping and we find that the developers have not completed their landscaping plan. We don't have that in front of us. I find that the landscaping plan that they have completed, doesn't meet the criteria that I had when I suggested that they come up with a landscaping plan. Not being able to go out and see the site as part of the council meeting, we left this open to staff to work out with the developer a reasonable means of screening this piece of property from the people between ~ and the lake basically. I find that 1 pine tree for every 40 feet does not acccmpli~ that. I can understand and one of the reasons we wanted staff to look at this was that if berming was talked about, berming doesn't fit the site according to staff but 1 tree in 40 feet doesn't fit the plan, that I had in mind anyway. I w~uld like to see instead of passing this along, which basically says it was alright to not cc~e in with a landscaping plan, I'd like to see this tabled until we have a landscaping plan. Councilman Workman: If I could add to that. I was approached by the people who, the proposed property here, the propertybetw~en it and the lake. Lake Minnewashta. ~nere's 3 property owners there who suggested that they're going to have a drainage problem across their property. Now I don't know, item 7, a 15 inch diameter culvert will be required underneath the northerly proposed driveway. I'm not sure what the northerly proposed driveway is. These 3 properties apparently were affected by what is known as the Maple Ridge development just north of there. Apparently a pond was filled in and the City is working to clear that. ~nese people would like some more time. I'd like to move that we table it to give this people more time to figure out where the 12 City Council Meeting - January 9, 1989 drainage is going to go. Not only from Maple Ridge but also this new item. Do we know that yet? What is considered the northerly proposed driveway? Larry Brown: That condition inadvertently was included off of the original sutmittal. That condition is no longer valid for this plat. To address your concern, normally we would have ~ go through a plans and specifications review. What you're suggesting maybe is that they come up with another grading plan prior to this returning so that we can address those drainage issues. Councilman Boyt: Another question if I might Mr. M~yor. Larry, is there a drainage problom hare? Is that re(mat you're saying? The current grading plan shows that there will be a drainage problem? Larry Brown: The plans which they have suk~itted does not indicate any proposed grading other than what would be anticipated through the house pad construction. So with the exception of the building of the cul-de-sac, which we would anticipate would direct more of the drainage which is running radially outward from the center into the cul-de-sac and onto Lake Minne~ashta Parkway and not back to those homes so in all actuality, we would anticipate that they're improving it. However, without the actual document in front of us, we really don' t... Councilman Boyt: You haven't seen a grading plan yet? Larry Brown: No. Councilman Boyt: Isn't that normally part of a final plat approval? Larry Brown: We would normally run then through a grading, drainage and erosion control plan to be approved by Council as part of plans and specifications review process. Gary Werren: I might add if I could Mr. Mayor. ~he Watershed District, the size of this subdivision is less than 2 acres. JUst barely but it is so it's less than what the Watershed District considers as ~a~rranting an extensive drainage study. The proposal as it came through the process called for the minimal grading of the site. We weren't talking about mass grading which would normally generate a full drainage review also so the s,~mittal as it came through the preliminary platting process, which did subsequently change to a cul-de-sac scenario, really was a minor modification to the subdivision area. The drainage issue as far as the City's pond that Councilman Workman referenced, was filled and we have ~_--n working with a builder up there who had ~_n filling in this area to use that as a pond site. ~ is on notice and will be cleaning it UP as soon as the wea~ allows in the spring. My personal review of the area UP there, I don't think we have significant runoff and as Larry mentioned, I think will even be improving the subdivision runoff because of the cul-de-sac and the transfer really of some of the drainage to the Lake Minnewashta Park-~ay area. Larry is correct in that we should be looking a~ this on a lot by lot basis as the suk~ittals come in and we'll take a close look when plans and specs are suhnitted as required for the roadway improvenent. Councilwoman Dimler: Could I have a point of clarification Gary from you? It is my understanding that this is going to be 5 homes on this 2.19 acres which ~ like a lot of development but I guess they do ~t the 15,000 square foot 13 City Council Meeting - January 9~ 1989 minimtm~ lot size. However, condition 7 stated t_hat there's a 15 inch diameter culvert to be underneath the northerly proposed driveway and I don't see that it explains where this will drain. Could you explain to me where this will drain? Gary Warren: Larry was mentioning, I think that condition is not correct. Is that right? Larry Brown: That's correct. Tnat ~s for the original suk~ittal and inadvertently got placed for the revised plat which shows a cul-de-sac. So if the Council sees fit, we could eliminate condition 7. Councilwoman Dimler: I w~uld move then that we eliminate condition 7 fr~m this final plat approval for Minnewashta Highlands. Gary Warren: To answer your question a little further Councilwoman Dimler, the drainage along Minnewashta Parkway that that condition addressed originally was I believe for the drainage along the roadway isn't it Larry? Larry Brown: That' s correct. Gary Warren: Which is not being diverted. Mayor Chmiel: Councilman Boyt made the motion t_hat this specific itsm should be tabled. I believe you also made that same motion. Councilwoman Dimler: Excuse Mr. Mayor, should we vote on the motion to cmit item nt~nber 7 before we table? Mayor Chmiel: Yes we can. We can do that now but I was going to have them include that in their motion. There's a motion made that it~n number 7 be removed from that recommendation. With that being struck. Is there a second? Councilman Workman: Second. Councilman Johnson: I think what probably should be done on this is that we're just going to table the thing anyway. At that point, direct staff to rewrite the conditions. Obviously we've found a clerical error and to address Tom's issue, I think that can be added into item 6. So I think the best motion would be to have a tabling motion to table the item until a good landscape plan is sutmitted as required for the final plat. At the same time, eliminate item 7 which is redundant and modify item 6 to add drainage review of the grading plans at the same time. I think that will cover everything versus having multiple motions. Councilwoman Dimler: Alright then. I will withdraw my motion. Councilman Johnson: I will make that motion now. I hadn't made the motion yet. I just discussed making one. I didn't actually make it. I so move that motion. Mayor Chmiel: Jay's motion is such as indicated with those changes contained within item 6 and 7. Is there a second? Councilman Workman: I'll second that. 14 City Oouncil Meeting - January 9, 1989 Councilman Johnson: There' s also a charge ~ Mayor Chmiel: With all proper changes as you indicated. Councilman Johnson moved, Councilman Workman seconded to table Final Plat Approval for Minnewashta Highlands so that staff can get additional information and rewrite the conditions as proposed by Council. All voted in favor and the motion carried. Mayor fh~iel: Basically what's done is this has been Cabled for staff to review to make the acceptable charg~ to item 6 and 7. That 7 actually be eliminated as it was redundant. Councilman Johnson: And don't bring it back until w~ have the landscaping plan. Mayor Ch~iel: Right. The landscaping plan is a necessary requirement for this. Councilman Boyt: I would suggest that it ndght be appropriate for the Council to at least think about directing staff to not present items that aren't fully complete. We're going to take some heat if we happen to take that position but I think it puts staff in a much better position to work with developers. The developer can' t run aroun~ the staff to come to the Council. They have to have the complete application before they bring it in front of us. Councilman Johnson: And I think if we continuously back up staff on that, that developers will get the message eventually. (H) APPROVE SIGNAGE PACKAGE FOR PLEASANT VIEW ROAD. councilman Boyt: Ite~ (h), as you'll notice, we've taken an opportunity to put up quite a few signs on Pleasant View. I think there's two things. One, I would like to see us notify the people who live on Pleasant View, possibly send then a map like this so that they'll realize there's some logic behind the sudden increase in signs. I think that this brings out what I really want to speak to in this is a bigger issue. You'll -_-'c in the fourth line of the staff report, it talks about site distance and sp~ control. I think that most of us realize that signs do not provide s~ control and that we have a major speed control problom, as I see it, in Chanhassen. The signs may be nice but when you get so many of th~m out there, people don' t even look at them so I have a concern that this is going to a~lish anything other than possibly clarifying a few areas where we have a sign in one direction and we don't have it in the other. But it certainly isn't going to provide s~ control. I just wanted to make that comment. I would move that we pass consent Agenda itqn. 3 (h). councilman Johnson: Second. Councilwoman Dimler: I just have a question. I guess I'd like to know what the grass roots movenent was for this particular item? Did it come from the people who live on Pleasant View or because the City felt we needed it for safety or what? 15 Council Meeting - January 9, 1989 Gary Warren: I guess my own perception of the roadway gecmetrics which was kind of brought to light by sc~e of the work that we did with the signage issue up in Near Mountain subdivision. Tne Pleasant View Road, there isn't much we can do with the gecmetrics anymore and Councilmember Boyt is correct and I fully support the fact that signs do not control s~-~cd. Enforcement is the key to that issue. However, in this case, any of us who are familiar with driving Pleasant View Road realize that with the trees and with the old road that it is and the geometric, the rapid changes in alignment, that we just really did not have good signage out there. I think from a liability standpoint, I was concerned that we at least did what we could to improve that area. Councilwoman Dimler: I guess I had a hard time reading these maps. Are they mostly caution signs or watch for children or what kind of signs? Gary Warren: They're mostly signs, speed limit signs and direction advisory signs. There are a few no parking signs that are in zones that were already established. Councilman Johnson: Hidden driveway signs. Gary Warren: And one hidden driveway sign. A new one. Mayor Chmiel: We have moved and seconded the approved signage package for Pleasant View with a condition in there that we notify the people on Pleasant View. That a copy of the attachedmap showing locations would be provided to those adjacent residents within the area and any discussion frcm those people to come back to City staff. Councilman Boytmoved, Councilman Johnson seconded to approve the Signage Package for Pleasant View Road with the condition that the people along Pleasant View Road be provided the map attached to the package showing the locations of signs. Ail voted in favor and the motion carried. VISITORS PRESENTATION: Three friends from Chaska presented a gift to the new Mayor, Mayor Ch~iel. CC~MUNITY CENTER TASK FORCE, UPDATE REPORT. Jim Mady: For those of you who aren't aware, my name is Jim Mady. I was the Chairman of the Chanhassen Community Center Task Force. We'd like to update you as to what we've learned to date. The ~nity Center Task Force has met for the past 7 months reviewing the possibilities of building a ccmxnunity center in Chanhassen. I am excited at what we have found to date. Our efforts have found two feasible alternatives that differ in location costs and timing. Our study show that our City has a legal bonding limit that allows for the sale of up to 2 million dollars in bonds today over what has already been scheduled. This legal debt limit increases by 1/2 million dollars each year due to growth in our city. This 2 million dollars in bonds can be sold without increasing taxes. Any higher bonding limit for the coming years will necessitate an increase in property taxes. The City can work with the school district on a financing arrangement that increases the amount of bonds the City can legally sell by up 16 City Council Meeting - January 9, 1989 ~o 1 1/2 million dollars. ~he Chaska School Board has shown interest in sharing facilities and makes this financirg arrangenent feasible. This is the same concept as being studied by the City of (~aska to build a ccmmmnity center at the Chaska School Ozmplex. The task force has developed two feasible alternatives. The first site is located on land owned by ~ckankar on TH 5 and adjacent to the east side of Lake Ann Park. Due to higher costs associated with this site, because of land acquisition ~ develoIznent costs, the City may not be able to construct a full conmmmity center on this site until our bonding ability catches up to the cost. The preliminary cost est{mate on this site is 4.8 million dollars ar~ may not be fully constructed until possibly the year 1994. It would also require a substantial tax increase. Tf~e other alternative, the City Center Park/Elenentary School site is located west of the el~nentary school and fire station and north of the City Hall. It carries a price tag of 3.3 million dollars. Based on preliminary discussions with the Chaska School Board, this alternative may be financially feasible today. The facility on this site includes specialty classrooms for the elementary school. Our discussions focused on the ~s of additional learning spaces such as band and music rooms, computer labs and other specialty rocms. These rooms would not be used to increase the nunber of students at the elementary school. The building at either site is envisioned to hold a pool, glmmasiun, racquetball courts, ice arena, senior citizen cemter and ~ting rooms. It should be able to handle a population of 35,M0~ ~ operate financially self sufficient. We plan to start public discussion very soon. The first step is to inform the city residents as to the alternatives. We will be going to each of the city commissions and providing an update to ~ and getting their input just as w~ are doing here tonight. We hope the local papers will publish articles on tbs alternatives and financing options. Once w~ have received citizen input, we will report our findings back to you for your action. Thank you for your time. I an excited by what w~ have found to date and invite any questions you may have on the corK.-epts. Councilman Johnson: I will continue to emphasize, and it ~sn't in here. In the packet we have. I want to be convinced that we can operate a facility of this size with our s~all population and not have to support it's operating cost. The cost we're talking about here is just to build it. When it gets operational, I want that facility, if we build a facility, to be totally self supporting. You state in your report that it will be. I once drove through Missouri so show me. I want to see the report. I know you work with numbers yourself so I'd like to see it in an ur~terstandable report because there's a lot of people who are going to ask the same question so I think that's one thing to get prepared for. I like what you've done here so far. I know that that's ~n, I've attended several of those xmctings and they have been very tough meetings with a lot of people working very hard to make sure that all the t's are crossed and i's dotted and playing devil's advocate and everything else. It's ~ quite a challerge to your group and I'd like to co~mer~ you also on the long hours everybody has been putting in. ursula I believe is on the oanmittee there and Bill. A lot of people here, Brad ~ a lot of our citizens have done a lot of good work on this. I think wa've got scmething that may be feasible and help out our schools and everything. That's my only comment. councilman Boyt: I think that one of the reasons that Jim came here tonight ~as to find out if the new council supports the process. I think it's very important before he and the committee spend time bringing this to the cc~mnmity to know if the concept of spending 3 or 4 million dollars on a (xamunity center 17 City Council Meeting - January 9~ 1989 has support of the Council. So that's one cc~ment. Another one is, it clearly has my support. I think that there was a third option presented that was sort of late in the process and maybe hasn' t been pursued very hard, but that was the possibility of working even closer with the school district by buying the property and encouraging the school district to build a middle school or high school which would provide a good bit of the conm~nity center space and the city would supplement that with additional space. When we started this process we were really after increasing glen space and providing some recreational opportunities that weren't available in our city. There's any number of ways to get at that. You've got t~o of them Jim and I support your taking those to the community and getting their feedback so we can continue to make progress. Councilman Workman: What's the precise acreage up here by the school site? Jim Mady: The entire park and school land? Councilman Workman: Yes. The land that the school owns that would be used for this? Jim Mady: The school property itself, now keep in mind that this site is two parcels of land. There's the city owned parcel which is the site that goes frc~u the fire hall straight west all the way to Kerber Blvd. where the hockey rinks are and the ice skating rink and one of the ballfields. That's all city owned property. The school owns the rem%ainder of the property frc~ that site north. I don't have with me... Councilman Workman: Available space available behind the elementary school, basically we're putting in how much property is that in acreage? Councilwoman Dimler: Mr. Mayor, I know the answer to that if I could answer. I stepped it off with my father-in-law who's a farmer and it is just slightly over 11 acres that would be there for building. Couniclman Workman: I was at the Chaska Chamber meeting today and Mayor Ruedke down there gave his state of the town speech and they're getting more and more excited about their own facility down there. How closely are we, we're tied into Chaska quite closely and they're ready to throw 5 million into it apparently with a hocky arena and everything else. Activists are working hard to get their own hockey arena. In getting back to Jay's point, with the hockey arena being a very large portion of this and many suggestions about sharing this kind of a facility with Shakopee, Chaska, Chanhassen. How closely are we looking at that angle? Jim Mady: There are two points to consider on an ice arenda. First off is construction. An ice arena will cost in the neighborhood of $8,000.00 to $9,000.00. The second item to remember is what that thing, what the ice arena will bring into the operating budget. Based on numbers given to us by both the Eden Prairie Cc~munity Center and the Minnetonka Ice Arena, the ice arena would generate excess operating revenues of at least $100,000.00 over it's operating cost. Those dollars would then be thrown back into the operating budget to cover programs that will not sustain themselves. Councilman Workman: But even if the Chaska Hawks Hockey team is playing hockey in Chaska not here? 18 City Council Meeting - January 9, 1989 Jim Mady: We're not banking totally on the Chaska Hawks. We have a cc~mi~t, a verbal c~n~itment fr~n the Minnetonka Ice Association to rent 500 hours of ice with this facility. Tnere is a shortage of ice throughout the metropolitan area. Currently the Chaska Hawks are playing in the Shakopee bubble. The Shakopee bubble exists on a day to day basis. If it goes down, Shakopee has no plans at this time to build an ice arena. My understar~ing is that if that were to happen, it's a good chance that the Chanha~n hockey program would move as far a~ay as possibly LeSeur. There just isn't facilities arourz~ so maybe Chaska might build their own. My understanding previously was that they are looking at an ice arena ar~ it would be in Phase 2 of their program. I don't know when that is. I'm not fully aware of everything and the timelines of their program. There was an article in I believe it is the January 5th issue of the South Shore News that covered that. There's a couple of paragraphs in there. It looks like they're moving scmewhat slow right now trying to organize their financing. They've got some things they're looking for. I think the nu~:~r was $175,~M.~ a year from the school syst~n so they're needing to get their ducks in order just as we are. Councilman Workman: They do things a little bit different down there. I believe they paid cash for their brand new city hall. They do things a little bit differently and that's ~hy looking at $84.M0 per year raised taxes and stuff and that sour~s all fairly for adding a lot more. This is my concern is that we're adding a lot more debt. I have two little girls and I'd like to go on record as saying I'd love to have a c~nmmity center. But again within reason and that's what I'm trying to figure out. If it's all going to be able to flow because there's so many things going around. I hear Waconia's thinking about their own. If all that happens and everybody has their own co,inanity centers, will our town support that? Jim Mady: Preliminary estimates and numbers that we've ~--_,.n given and the information that we've been given fr~n the ~den Prairie ~ity Center facility manager of the previous task force, at least th~ first ,rusk force strongly felt we could do it. Be self sufficient without any probl~m~. There's no guarantees in life but the nunbers all show that it can work. Councilman Workman: Otherwise the committee has basically, are not favorable to property at Lake Ann which we already own? Jim Mady: The Lake Ann site itself was looked at. It has .two probl~s. N~nber one, the City has a standing agreement with the Metropolitan Waste Cc~nission that we will not enter into the built sewers in the non-sewered area of Chanhassen. Lake Ann Park, as it sits now, is outside the MI]SA line, Metropolitan Urban Service Area, and we can not enter into that sewer line from that parcel. Councilman Workman: The Eckankar is outside of that line? Jim Mady: Eckankar is within, the line's right there. Eckankar is within. Lake Ann is without. Tne second iten there is the voters have alr__eady asked us, passed the referendun to construct badly needed ballfields ar~ parking at Lake Ann. Unless you want to tear down scme very beautiful forests on Lake Ann, there simply isn't the room to do all those things out there. 19 .... ~ity Council Meeting - January 9, 1989 Lori Sietsena: If I could add a third it~n. The land at Lake Ann Park was acquired with LAWCON funds which are federal funds and you have to go through a conversion process to convert those into indoor recreational facilities. It doesn't happen very easily. It's a big long process and you have to look at, if there's any other alternatives for the facility that you want to build, if there is any other alternative, they'll deny you that. So we can't do anything but outdoor activity at Lake Ann Park without that approval. That has to be federal and state approval. Mayor Chmiel: If a city is proposing to put in a community center within those lines for strictly city use, I think they would move on those positions without much probl~n, from what I understand too. From what you just said, it's hard to have then move or actually approve this within a short period of time or they may even deny it. Lori Siets~ma: The only way, I talked to LAWCON, the people in detail about this and one of the things that w~ would have to do is replace the acreage that we're building an indoor facility on if indeed there is no other alternative for the the facility. But number one, there has to be no other alternative and number two, you have to replace the property with lake property. As far as, it impacts it so much that way, they're building TH 5, an additional easement to go to the south because the conversion process is so stringent. Tnat's what I've been told by that office. Councilman Johnson: So MnDot avoided trying to do that conversion process? Lori Sietsema: Yes. Councilman Johnson: They're not going to take on the feds. Councilwoman Dimler: I'd like to c~end Jim Mady for t/he work that he's done. He's been through a difficult process. I guess the comnents that I would like, as Bill Boyt said, that it's up to the Council. I don't really feel it is. The only thing we' 11 be doing is voting on whether w~'ll put it on the referendum to the people. Therefore, at your public hearings, I would suggest that in order to feel the people out, get a king of poll after each meeting. After you present then with the different locations and I would suggest you do mention the third option and maybe even ask them if they have a particular site that they'd like to see it at so we can get a full picture of what the public is thinking. Then at that time, poll them, attach sheets of paper and fold them to see which site they prefer and if indeed they want a c(mmunity center. Having those two questions on there I think would give us a good idea of what we should then go ahead and put on the referendum. Mayor Chmiel: One other point I'd like to bring up, or question I should ask is, where and what areas are you going to contact within the City to make your informational hearings at? Jim Mady: That hasn't been decided yet. I would assune that we would hold public meetings as we did in the past at Minnetonka Intermediate School. Chanhassen Elementary School. Various meetings that are held throughout the city from time to time. It would be the Legion people and the Hockey Association, APT, St. Hubert's. Whatever groups have meetings and will allow us on their agenda, we tend to try and go there and bring the information. 20 City Council Meeting - January 9, 1989 Councilman Johnson: I continue to support this. I believe that one thing I don't want to see is a rise in taxes to do it. When you look at an $85.00 a year increase for $1~0,~0.0~ if we go to the Eckankar site, that scares me. I can't see our voters approving that. Frcm my feel of the voters here. Does the grade school site, is that like, for lack of a better word, the Filly site, is that balanced to a point where we're not raising taxes to build that one? That we'll be retiring debt, enough retired debt to cover it and it will be a break even? Jim Mady: My unders~ing of the way this works is, right now we're given a mil levy. The City has the ability to sell an additional 2 million dollars over what already is on the books or is scheduled to be sold with the fire truck. We have the ability right now to go for an additional 2 million dollars. Through using the school, the sharing of the school and tt~ City financing option which gets into the excess levy on the tax increment district, the City can pick up an additional 1 1/2 million dollars when we work with the school board. Councilman Johnson: That's enough to build that one but my question is, if we do that, what's the effect on local taxes? Jim Mady: Right now we would be able to leave the mil levy as it is. If none of the options are built, we would be able to, the Council would be able to possibly reduce taxes up to I think it's about $45.00 on a $100 , 000. 00 house or they have the option of reducing debt quicker. Retiring it. Mayor Chniel: Jim, with the other members too on the c~n~it~, what's the consensus of feeling fr~m them, the school site? Eckankar site? Jim Mady: We really didn't take a vote. We're basically coming out to the people and saying, here are the numbers. Here's the cost. Here's the time lines that we have ~ told. Give us your input. That's what we're really doing right now. We want the citizens of C~anhassen to tell us what they ~mt to do. Let each ir~ividual make up their own mir~ based on the numbers as they stand today. Councilman Boyt: If I might follow up here. I think the one thing Jim that you and the cc~nittee need to keep in mind is that, at least from my perspective, the City can not spend all it's bonding capacity on a cc~nunity center. To do so would be to deny the potential for quite a long time of having a trail and sidewalk program of any kind other than what we funded out of new construction. I think a very significant part of the population wants that program. It's failed twice by a handful of votes each time. I'm not prepared to ~ the City sink all it's money into the ~ity center even though I strongly support the center. I think we need to be saving scme money for the trail systen or for another option that the co,amenity says that they want. Jim Mady: One thing to keep in mind is the City's legal bonding limit, is growing a 1/2 million dollars per year and that growth is estimated to continue at least through the year 1995. Brad Johnson: I'm on the task force and I was also involved in the first one and spent a lot of time running arour~ fighting the antis and I think we've spent a lot of time on this particular situation trying to figure out, how can 21 City Council Meeting - January 9~ 1989 we get a consensus because ~ think it can carry if in fact everybody feels that the site is the correct site. The time table is the correct site and the financing is the correct site. Or at least the public is given the chance to do that. I could even sense tonight, you asked the question, which is the better site. I don't think most of us are going to say which is the better site. We think we need a co~unity center. We think if we don't go through the process correctly, the community center will he defeated because people will be upset we didn't go through the correct process. I think it's unfair then to ask which one we feel is the best. I would say that if there's 15 m~mbers on a program, 5 are prejudice to Lake Ann for various reasons and 5 are prejudice towards the school site for various reasons and some of us are prejudice for other reasons. I think we can't, all of us haven't collected our thoughts as to what to do but I do believe that we must, that it's going to take a combined effort of what I'll call the group that voted against it or led the original fight against the Filly site, to combine with the guys that are trying to still do it. We have a c~m~ittee that's made up of both parties. I'm still not sure we've come to a consensus but maybe by listening to the public, we'll be able to figure that out. Secondly, I think as far as the Chaska issue is concerned, we're a year and a half ahead of Chaska. We've already had one defeat. I think they have to go through that. They're not even thinking about a referend~ until next sunnier and they're up to 5-10 million dollars. Chaska is a different co~unity. It's not our cc~munity. We're in Chanhassen. We have tw~ school districts to service. They only have one. We also service the Minnetonka school district. Our co~unity has nothing' to bring the whole co~unity together and I think this is one effort that does do that. We can't change the school syst~ around. We have a good el~entary that keeps our co~m~nity together but I don't think the rest is true. As far as hockey or ice arena useage is concerned, our other half, the Minnetonka side of the school district would buy all the time. There's just no doubt. And if not, ~den Prairie would so there's no probl~m~. And you could build one in Waconia and you could build one wherever and they'd all be filled up in the metropolitan area. I don't think you have to be too concerned, short term of what would happen in that particular case. But I think the key element in here is that we want to go out. There's two issues. One is, what site? Before we can go to the referendum, we have to have a site. I think we want the public to give us as much input as possible. I admit that it's hard not to be prejudice and I think all of us have to work when we make a presentation to follow the presentation that's not too prejudice. Once that's accomplished and we have a site, we have to come back to you with the financial feasibility of it all in a proposal and if you feel it's, I don't think you're going to say go ahead and do a referend%m~ until you feel it's financially feasible. Then finally, like Jay was saying, and part of it's the tax question, and then I think whether we do it or not, all of us have to work hard, who are volunteers to try to sell the co~m~nity on it. I think that's the process we're asking to go through. The purpose of this night's meeting was to bring you up to s~ on where we are and all the work we've done. You've got two members on the Council that are a part of the c~mittee and Jay sits in periodically and we welcome all of you but I think it's a real, you really got to think about it. Why we do it and maybe we won't do it if the voters say no, but some of us like a chance at it and I think that's the way it's goes. PUBLIC HEARING: VACATION OF OUTLOT A LOCATED BETWEEN LOT 2, BLOCK 1 AND LOT 1, BLOCK 2, CARVER BEACH ESTATES, NORTH SIDE OF LAKE LUCY ROAD, BO~CK-KEVITT PARTNERSHIP. 22 City Council Meeting - January 9~ 1989 Steve Hanson: Tnis is a request to vacate an outlot in Carver Beach Estates located between Lot 2, Block 1 and Lot 1, Block 2 on the north side of Lake Lucy Road. The owners of this parcel requested that this be vacated so they could split the parcel and return the pieces back to the adjoinin~ lots. We've gone through, in trying to do the review, w~ had scheduled this ass~ing that it a simple vacation and w~'ve turned up s~me loose ends that w~ haven't ~_--n able to tie up at this point in time. ~at I've suggested in the staff report is that because we have advertised for a public bearing, that you open the public hearing. Take any testimony from the public that's here so they have their opportunity to voice their opinion at that hearing and then we'll do the follow-up and bring this back to you when ~'re able to complete the research on this particular it~. Mayor ~iel called the public hearing to order. Councilman Johnson moved, Councilwoman Dimler seconded to close the public hearing. Ali voted in favor and the motion carried. The public hearing was closed. Councilwoman Dimler: I did talk to the Art Owens f~ily today, who is affected by this and they ~ to have no problems with it at all. Councilman Boyt moved, Councilman Johnson seconded to table the vacation of Outlot A located bet~n LOt 2, Block 1 ar~ LOt 1, Block 2 of Carver Beach Estates for the Boeck-Kevitt Partnership until the January 23, 1989 meeting. All voted in favor and the motion carried. SIDEYARD SETBACK VARIANCE REQUEST FOR A PARKING LOT, EARLY BEGINNINGS DAYCARE CENTER, 1450 PARK C0[3RT, Rf~{E CORPORATION. Steve Hanson: The Board of Adjustments met prior to City Council tonight to consider the variance for this particular request. I passed out a sheet earlier, before you sat dom and opened the m~-cting, that covers the justification for granting the variance. The Board of Adjustments made those findings and approved the variance as requested and they approved it with tw~ conditions. The first of those being that the area to the north along the parking area where it encroaches on the setback, that that be screened with evergreens. ~nen the second condition ~as the request that's before you has essentially where it's overlapping on that setback is a driveway servicing scme parking stalls. They requested that the second condition be that that area not be used for parking, meaning the driveway and that it be signed or striped accordingly. Councilman Boyt moved, Councilman Workman seconded to approve the sideyard setback variance request for a parking lot, Early Beginnings Daycare Center, 1450 Park Court, B~me Corporation with the following conditions: 1. The area to the north along th~ parking area where it encroaches on the setback, be screened with evergreens. 2. The driveway where it's overlapping the serback, not be used for parking ar~ be signed or striped accordingly. All voted in favor and the motion carried. 23 Council Meeting - January 9, 1989 COUNCIL PRESENTATIONS: Mayor Chmiel: ~ne Council presentations regarding the Redman donation of the vehicle, regarding Minnesota Valley as you mentioned and park and trail fees. Would you like to address those Bill? Councilman Boyt: Yes, thank you. The last page of the Public Safety Cc~xnission Minutes makes reference to a donation by Tc~ Redman Sr. of $15,000.00 for a police car to the City. When I read that paragraph I thought truly great things were happening to Chanhassen. If there's one need that people in the community se~n to be united about, it's that we need to have improved s~ patrol. I would like to see that when this vehicle is given to the City, that it be equipped to do radar patrol and that a schedule be set up so that Mr. Chaffee and Mr. Harr are involved in doing radar patrol. Tney're certified to do that and I would like to see the City do more of it. Mayor Chniel: I think that's a good idea. I really do. Councilman Boyt: I don't know that we need to vote on any of this. If other counci~rs have ccm~lents, now might be a good time to get it but I'm really glad to see we're getting this car. Mayor Chmiel: I do also feel that we should probably draft a letter to Mr. Redman thanking him for his donation and direct that letter to him. Don Ashworth: It's been discussion. Have they made a final decision? I know you brought it up to Public Safety Cxxmnission to make them aware of the fact that we have been talking with them in this area but have they in fact made that decision? Jim Chaffee: Yes, I have. Mr. Mayor, if I may, read a letter to you that I received from Tcm Redman's secretary. It says, Dear Jim. Thank you for your letter of Dec~mer 29, 1988 regarding the costs of a police car which we wish to donate to the City of Chanhassen. To answer your question on billing, we would like to be billed from the City of Chanhassen for the cost of the equipped car which we have budgeted for to pay in March, a total of $16,205.00. You may go ahead and order the vehicle so that the timing is such that we will pay for it in March. I have sent him a letter thanking for his initial offer. We will follow up with another letter on that. Councilman Johnson: I'd like to say that I'd like to see our Public Safety Department emphasize s~ in the coming year and make Chanhassen a no speeding zone. Just as long as Bill brought up speeding, I was going to bring it up at the next Council meeting. I'll just throw in my initial pitch here. I'd like to go as far as advertising that we are setting up speed traps. Tell people we're doing it and be very across the board. No covert operations. We'll just plain old say we're doing it. I don't even mind if we advertise where we're going to set some of them up. I think it would be kind of interesting. I think that would be an article in the newspaper that everybody would read every w~ek. Where will they set up that speedtrap. If we said we were going to ~uphasize Lake Lucy Road, I think it' d be interesting, I think it' d increase your circulation. 24 City Oouncil Meeting - January 9~ 1989 Mayor (~aniel: I think I agree with you Jay. O~er the years with my driving, my drivirg habits just like everybody else, you're just unaware of the s~ sometimes you're going. But more specifically, probably many of you go into Excelsior on CR 17. As soon as you hit that 38 mph, you're at 38. I do that automatically. Only because of the amount of spccd traps that are there. On a giv~a~ day or a given evening, if you drive through there between 8:88 and 9:88, you'll see him pulling over, if you watch, 2 to 3 sometimes 4 motorists at a time. So I think that's very true. I think tt~ public is just automatically at the point of really not paying attention to that s~cmeter as much as they should and I think that should be directed to the~ as well as us. Councilman Johnson: It would just serve as a constant reninder, once a week you'd be reninded of the speed because you went ar~ read the s~ article to see where Jim's going to set up. Councilwoman Dimler: I have a couple questions of Jim. I guess I don't quite understand. You do have the ability to issue citations do you? Jim Chaffee: Yes I do. Council~a~an Dimler: Okay. Ar~ if you issued a citation, have you decided on the amount that the ticket would cost? Jim Chaffee: That's decided by the courts ar~ the County. Councilwoman Dimler: And what is it? Jim Chaffee: I have no idea. Councilwuman Dimler: And where does that money go? Will that go to our own Public Safety Department or to the Carver County Sheriff's Department? Jim Chaffee: Part of it goes to the County. Part of it ccmes back to our general operating fund. Councilman Workman: I know you guys are overloaded and I'm curious I guess. It is a very generous gift but how is the public safety department going to find somebody else? Are we going to add another employee there? You guys I understand are very busy now. Are you each going to take 4 hours a day to do this or what's going to happen? Are w~ just going to park it ar~ put a dungy in there? Jim Chaffee: I'll be the dungy. We will be developing a schedule where Scott and myself will be coming in periodically in uniform and working the road to assist the deputies. Just a side co,pent, we have recently purchased a brand new radar unit for the County squad ar~ that was thanks to the efforts of Deputy Mike Douglas and the American Legion. You should be reading about that in the papers in the very near future on that. It's a well advanced radar unit. We will be putting the old radar unit in the new car that will be donated by Tom Redman. Councilman Workman: This will be a police car that looks like a police car? Have what on the side door? And then it will have a full light bar and everything else. 25 City Council Meeting - January 9, 1989 Jim Chaffee: That is correct. It will be almost a duplicate of our CSO truck only it will be a vehicle. A car. Councilman Johnson: Will the CSO's be able to utilize this for their crime prevention duties and stuff also beyond. So when they go to do a crime prevention, this will be a supplemental vehicle for them? Jim Chaffee: Yes it will be. That will probably be it's main use, at least initially, will be for the crime prevention and co~m~ity relation task given to the CSO' s. Mayor Ch~iel: Tnank you Jim. Councilman Boyt: Alright, are w~ ready for Moon Valley? In one of the future agenda item packets that we received here, the last page of it, I guess the next to the last page of printed material, refers to Moon Valley and the mineral extraction process. Rather than go through this as I imagine you all read it, the City has been involved with them since last fall when it was called to our attention that they were romoving quite a bit of clay to take it over to the ~den Prairie landfill. As I read the report from Jo Ann, it stated that we were going to basically wait and not put a stop work order on this until they failed to do anything in the spring even though we were convinced they w~re going to not do anything in the spring. I w~uld like to see the City move to put a stop work order on this right now. They're not working on it but this would keep thom from starting up in the spring. I think that what they've done here is a tragedy. It amazes me and if it hadn't been for one of our residents, we would have had this big hole created in Chanhassen and not known it. Partially because we've got city staff doing more than their fair share but we know about it and I think it's ridiculous to not take action. I think that we should be moving to stop work on the mineral extraction or the clay extraction from that property. Councilman Johnson: In here it states that staff's been in contact with Moon Valley's attorney. Do we have written correspondence backing this up at this time or has this been telephone calls? Roger Knutson: I had one brief meeting with their attorney. I can't rem~zber when it was. It was in the fall sometime. Not any correspondence in my file from it. Councilman Johnson: I would like to document this. I'd like to get a letter to him. I don't know how you can give him a stop work order when they're not working but a letter to thom specifically saying, thou shall not, without a permit, do anything. In the spring, the first time they move anything, that's the point where we hit thom with the stop work order but we need to get th~m correspondence, in writing, certified mail, whatever we have to do, informing thom that they must get this permit. And you can paraphrase your meeting with their attorney and everything else but... Mayor Chmiel: Roger, I was just going to ask you. What would be the proper procedure to do this? 26 City Council Meeting - January 9~ 1989 Roger Knutson: First let me give you their position and our position. ~heir position on the subject is that they already had a conditional use pezmit back in the 7~'s and this is a logical progression of that permit. We think it's at a different site anti that t~ should not proceed. They are also making a claim, I believe, that it c~mes under the exemption in l~ur ordinance for grading for agricultural purposes. Councilman Johnson: Grading for agricultural purposes? Roger Knutson: I can't explain that to yt)u. I don't understand the commm~t. Councilman Johnson: They put seeds on it after they move it to ~kien Prairie. Councilman Boyt: ~ plowing. Roger Knutson: Independent of ~hat you have in your backup agenda for tonight, Larry and I were meeting on this subject tc~orr~. I w~s going to go over to the site with Larry and ~_"~c what they were actually doing but Larry tells me we better bring our cross country skis and we can't see anything so we probably won't be doing that. But as far as the procedure, I guess there are several and I could outline then for you. One would be to write ~ a stiff letter saying, thou shall not do anything next spring without a conditional use penmit and if you do, we can prosecute you. I suppose the only other alternative to that is, to seek a declaratory judgmeflt or an injunction action against them in the District Court at this time. That might be pr~nature. I don't know what their plans are for sure. I think ~ best procedure now would be to write them and say, don't do it. Please respond. If they say, we're going to do it anyway, at that time I would suggest the only alternative is either to ignore the problem or to go after th~n in the district court. Larry Brown: If I might add. Staff has been periodically checking this site. As of today I confin~t that the site has ~ totally secured both fr~u the Pioneer Trail and the TH 212 roadways and they are not working at this time. It looks like they've ~ shut down until springtime. Ar~ we'll continue to check up on this site. Mayor Chmiel: You're going to moniter this on a weekly basis right? Larry Brown: Yes. Councilman Boyt: There's also an issue b~re of erosion control. There's an issue of reseeding and restoration. We can't simply ignore this because they choose not to dig the hole d~.~r. So that's why, I think at minim~n we send ~ a letter and in that letter, along with don't do anymore, we tell them that they've got to restore the ground so that it's s~mhle. Mayor Ch~iel: Good point. Councilman Johnson: Larry, does our state laws on mining cover, this is basically strip mining, restoration? Is this covered under state law on strip mining? Larry Brown: Our zoning ordinance does have the mineral extraction permit ~hich is obviously a conditional use permit so yes, I w~uld say that we do have the 27 City Council Meeting - January 9, 1989 tools available to us to make them restore the site. Just as another point, I know on the TH 212 side of this, Larry Samstead fr~n the Watershed District has been adamantly working with them and trying to get restoration involved on that site. One of our goals is also to get the Watershed involved on what we call the expansion of it, on the Pioneer side, so that we can address Councilman Boyt's concerns as well. Mayor Chniel: ~nen our suggestion is that w~ write a letter to them indicating those concerns that have been mentioned and hopefully this will address the issue. Councilman Johnson: The letter should be under Roger's, City Attorney's final John Henry. Mayor Chmiel: Fine. Roger Knutson: I' 11 draft that letter and send you copies. Councilman Boyt: Thank you for giving me the time here. The last item is park and trail fees are going to be considered tomorrow evening by the Park and Rec Oun~ission. I think we've seen examples of where our park and trail fees are simply not sufficient to do the job. I guess I'd like to get the Council's thinking. I know it's sort of off the top of your head but I will share with you that when it ccmes to buying park property in the sewered part of Chanhassen, w~ have in the past used a standard of, I believe it's 1 acre for every 75 homes? Lori Siets~na: 75 people. Councilman Boyt: 75 people, 25 homes. And our park fee for those 25 homes will not buy an acre of property in the sewered area of Chanhassen. We had this discussion a year ago and we asked to the point where, when they told me that low and behold they could buy an acre of land for I think it was something like $3,500.00, maybe $7,000.00, I have yet to see it happen in the sewered area of Chanhassen. I think that we need to be moving so that our fees reflect the cost of acquiring land. Because once people are in those houses, they want a park. You can see that, when you walked through Pheasant Hills this fall, those folks want a park. If we go out to buy one, it's going to be real expensive up there. I guess I'd like to get your sense of whether you would support a review of these fees with the quite reasonable possibility that they would go up. Mayor Ch~iel: Any other discussion? Councilman Workman: What are the, I'm always trying to ccmpare ourselves to other communities. I guess I was caught doing that tonight. What are other cities charging for this and what are ~ specifically charging and are w~ in line with thsm? Lori Sietsema: Other cities are charging anywhere from $350.00 to $700.00 per single family unit. We are currently charging $425.00 per single family unit. Commercial varies a lot more. We're charging them $1,050.00 per acre and others charge by the square foot of the building and the number of ~nployees. It varies a lot in the ccn~ercial area. I can get a number. The report I did last 28 City Council Meeting - January 9~ 1989 year on this item that did a survey on a ~r of ccu~unities. I can get that to you if you'd like. Cour~ilman Workman: Yes, I'd appreciate that. Councilman Johnson: I think they need to be reviewed. I agree. Without the referendum on, that losing by the 8 votes, 6 votes, whatever handful it wes. The trails are s(m~ethirg that's still needed and we still have to pay for ~. Some of those in order to get them, re going to have to acquire some property, or at least some eas~nents through some properties. Right now I don't believe th~ trail fees in Kurvers Point would pay for the trails that w~ are putting into Kurvers Point. Wouldn't even come close. I think there is a need to review these again. I don't want to see them double or anything like this. If there's a moderate increase, I'd like to look at both the residential and the comuercial side of it and see how we land. Councilman Boyt: If I might add a point on this fur~ing. Lori told me today that Lakeville, which we used as a comparison when w~ developed our trail fee, and I think we charge about $148.00. Lori Siets~a: $142.00. Councilman Boyt: $142.00 per lot. Lakeville, I believe charges that amount plus they require the developer to put in sidewalks. So when w~ compared, we didn't know exactly what we were comparing against and their $142.00 was designed for their interconnecting trail system. We're using our $142.00 to build sidewalks and build an interconnecting trail system. I don't think we're quite that efficient. So when we start cc~paring, it's very difficult to draw an exact c(antmarison in our costs and we simply can't get the job done with what we're charging now is my point. Mayor C~miel: I guess maybe I could just give some of my viewpoints on that Bill. I think through the City there's specific areas probably that need trail syst~ns more so than others presently. I think those are the areas that we should be more concerned with because of the traffic cor~itions. The areas such as CR 17, CR 15, TH 101. These are areas that, in my door knocking, have found that people really need something. If anyone has had the opportunity to walk along TH 101, you've got to be awful careful at all times because there just isn't enough ro(x~ or enough space. In those specific areas, I think those are something that's really required and those are the areas that I feel should be addressed first before we do much of anything else with having a fully inter- connected syst~ throughout the city. I think those areas are the areas that should be looked at. Councilman Johnson: I'd add Minneweshta Blvd. as a good example. A lot of people walk that road. Winter and sunmer. Mayor ~iel: I think we have to be concerned with the public health and safety of this community and those specific areas, I think that's something that is r.~_----~ded. Any further discussion? I think it's something that we're going to have to look at to see. As far as the additional expenditures that might be done for this. Maybe things should be revie~sd but let's address it and let's look at it and we can see what it is ar~ then we can voice our opinions on it. 29 City Oouncil Meeting - January 9, 1989 APPOINTMENT OF METROPOLITAN WASTE CONTROL COMMISSION DISTRICT 13/14 REPRESENTATIVE, CITY MANAGRR. Mayor Chmiel: The person ~aho is applying is Gloria Vierling, whom I have had sc~e discussions with. Gloria, as you may or may not know has been in public service for 12 years. She's in her second 4 year term as city council person with the city of Shakopee. She is also on the AM Board of Directors. She has been working with the Metropolitan Waste Control Commission for the User Rate Task Force and she's also the technical advisory committee for the Metropolitan Waste Control Oannission as well as Minnesota Pollution Control Agency. I feel that she has many qualifications to serve on this as an appointment. As I understand it, the Metropolitan Council sometime this c~ming month will make those prespective appointments. What she's asking for is a letter of support from us to the Metropolitan Council so that she may serve on this particular c~mittee. I would entertain a motion, or make a motion that we should write a letter to the Metropolitan Council indicating our endorsement of this position and request any discussion from the Council. Councilw~m~an Dimler: I would second that motion Mr. Mayor. Councilman Johnson: How soon does she, is this appointment up? This is Thursday night when I read this. This was the first I had heard, or actually it was probably about Saturday by the time I got to this one. This is the first I had heard of this appointment coming and is there anybody else under consideration? Are we writing a letter to a choice of one? Who's the ccmpetition? How long is this open? Mayor Chmiel: Normally it's a two year appointment that they make it for. councilman Johnson: Right. But I mean, what's the process? I may be interested in going after this myself. Mayor Chmiel: If that's part of your desire, your suk~ittal should be done to the Metropolitan Waste Control Cc~mission. Councilman Johnson: I thought you're saying we only had one candidate that's given us a letter. Before we go and say that we're in support of this one candidate, now there's only one candidate going for it and it closes off in a week or scmething and it's all over with, there's no problem. What I'm saying is, I don't think I'm really ready to support her until I find out who's running against her. Mayor Chniel: If anyone. Councilman Johnson: If anyone, right. I just don't have that information at this point in time. 'Don Ashworth: I did receive a letter. It did not get into the packet. In fact, it was written in such a fashion that it was difficult to pick out that it was a letter asking for endorsement but it was from Jo Ellen Hurd who is our current representative. She has been in that position for a number of years. I did talk this past week to Marcy Waritz and she had felt that if we were going to be making a nomination, we should do that as soon as possible. Jo Ellen Hurd was not of significant benefit to the City during that period of time that we 30 City Council Meeting - January 9, 1989 were trying to get the Lake Ann Interceptor sewer extended. I do not know Gloria but I would have to assume that she'd do an excellent job. Councilman Dimler: Mr. Mayor, I'd like to say that I do know Gloria and I know that she understands the needs of Chanhassen and Shakopee... Councilman Boyt: I think you raise a good point Don. We, in tt~ next tw~ years, are going to face scme awfully important decisions by this group. If time allows, it w~uld sure be nice to know what her position is on the expansion of that sewer syst~. We have, I w~uld gather, kind of an exciting time here over the expansion of the Blue Lake and whether they w~re goirg to continue to keep that schedule. This is critical to the develo~t of our co~mma~ity. I guess I would have liked to have had more information. I'd like to have this person feel that we are actively supporting her and that she in fact truly ~nts to see Chanhassen develop. Is there scme~ay we can get a, say a little bit tighter agreement? Mayor (]~niel: Let me do this. Let me change that motion of mine to have the City Manager address those specific questions with Gloria and indicate our concerns and ~"~c if she is in agre~m~emt with our position. Then I would suggest. that we bring this back to the Council on the 23rd. To make that motion and send it in. Councilwoman Dimler: Could we also ask if she w~uld be willing to appear before us for an intervieW? Mayor Chniel: That could be incorporated. Don Ashworth: I think Jay brought out a point. I'm not sure when the filings on this close. I would like to follow the procedure that you've outlined. However, if there is a closing date, I'd like to have the authority to go ahead and put her name in so we make sure that we're endorsing s(x~eo~. Mayor Ch~iel: Yes, I would agree with-that. Councilman Johnson: If it's critical prior to the 23rd, definitely we want to. Councilman Boyt: Let's vote on this last issue. Mayor C~niel: Which one? Councilman Boyt: lg(b), to table. Councilwoman Dimler: It wasn't to ~hle was it? Mayor Ch~iel: No. Just a letter that' s going to be directed by Don. That' s the only action. Councilman Boyt: Maybe we don't need to vote on it. Is that the thought? Mayor Chniel: That's my feeling. Councilman Johnson: He's either going to bring it back to us the 23rd or he's going to write a letter of support. 31 City Council M~eting - January 9~ 1989 Councilman Boyt: That sounds like that needs some sort of motion and action if he's going to actually take action on it. Councilman Johnson: Okay. I' 11 move that we get more information. If the time for our letter of support is prior to January 23, 1989, that w~ provide our support to Gloria Vierling. Otherwise, see if we can have Gloria stop in and talk to us on the 23rd amd find out the whole list of candidates and what all is going on there. Councilwoman Dimler: I ' 11 second the motion. Councilman Johnson moved, Councilwcman Dimler seconded a motion to get more information in regards to the appointment to the Metropolitan Waste Control Commission. If the time for a letter of support is prior to January 23, 1989, the City Manager can send a letter in support of Gloria Vierling. If not, ask that Gloria Vierling ccme to the City Council meeting on January 23, 1989 to speak to the Council. All voted in favor and the motion carried. Councilman Boyt moved, Councilman Johnson seconded to adjourn the meeting. Ail voted in favor and the motion carried. The meeting was adjourned at 9:40 p.m.. Sutxnitted by Don Ashworth City Manager Prepared by Nann Opheim 32