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1980 01 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JANUARY 7, 1980 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson, Neveaux, Geving, and Swenson. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented with the addition of discussion on sewer and water hook ups, non-conforming properties, and miscellaneous items. Motion seconded by Councilman Geving. 1'he following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. AWARD OF BIDS - TRUCK BOX: Three bids were received for the purchase of one 9 x 7, 5 cubic yard dump box. Bids ranged from $6, 197.00 to $7,291.00 with LaHass Mfg. and Sales, Inc. submitting the low bid. Counci lman Swenson moved to accept the bid from LaHass ~1fg. and Sales, Inc. in the amount of $6,175.00. Motion seconded by Councilman Pearson. . The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. MINUTES: Councilman Geving moved to ~pprove the December 10, 1979, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson.- No negative votes. Motion carried. Councilman Pearson moved to note the November 28, 1979, Planning Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. COMMERCIAL/INDUSTRIAL PARK ORDINANCE: Councilman Neveaux moved to adopt Ordinance 14-C as revised dated December 26, 1979, and presented in Council packet this evening. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Counci 1 men Pearson~ Neveaux, Geving, and Swenson. No negati ve votes. Mati on carri ed. 1979 SPECIAL DEBT STUDY: The City Manager reviewed the 1979 special debt study prepared by the CPA firm of M. J. Long. This study was in comparison to a stimHarstudy completed in 1976. The current study ref+eçts that all municipal debt is fully financed with the exception of the north service area. The Council has been reviewing means by which assessment of this area could occur and has established a public hearing date of February 25, 1980, to present options open to the city and to these property owners. Property owners affected by this assessment will receive a notice of the hearing showing description, purpose, and place of the meeting. This was a discussion item. No action was taken. WEBELOS TROOP: A Webelos Troop from Cub Scout Pack 429 were present to study local government to ea rn thei r Citizens h iµ Achi evement Award. NORTH LAKE SUSAN HILLS STREET LIGHTING: A sample of the sodium vapor, 250 watt lighting fixture was displayed at the meeting. The Council is conceptually in accordance with the type of light as presented and wants to see the light that is intended to be purchased. Council members noted that there are local lighting manufacturing compan,tes from which to purchase similar lights and standards. Councilman Neveaux moved to table action. Motion seconded by Councilman Geving. The following voted in favor: ~~ayor Hobbs, Counci lmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Council Meeting January 7, 1980 -2- GEORGE WAY LOT DIVISION, REVIEW DEVELOPMENT CHARGES: Louis Zakariasen and George Way were present requesting the Council review the charges that were billed to Mr. Way for his lot division. Councilman Neveaux moved that the Council give credit on account #917 for 50% and charge Mr. George Way the other 50%. For the sake of expediency the other 50% be charged to general levy. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. I There were issues inherent in what should have been a relatively simple lot split that were not the fault of the petitioner. NORTHERN CONTRACTING COMPANY-ACCEPT ARBITRATIDN AWARD: The Councflðtted an December 17, 1979, to accept the arbitration award. Jim Orr was present and recommended the Council not pay the final payment of $15, 278.61 to~ Norfnern Contracting because of potential problems with settlement in the streets· and possible seal coating. Councilman Geving moved to accept the arbitration award of $15,476.18 and retain the $15,278.61 for ensuing street repairs and possib~e seal coating. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. SCHOEN BUILDING AND VARIANCE REQUEST, HIGHWAY 101 AND VOGELSBURGTRAIl: The Board of Adjustments and Appeals acted to table action on this item to jointly consider it with the Council. Mr. and Mrs. Dougl as Schoen were present requesting .a vari.a.nce I to Ordinance 45 to allow the issuance of a building permit to construct a home on a tract of land 0.7 acres in size located between the Chicago and Northwestern Railroad right-of-way and the southern line of Bluff Creek Highlands Second Addition. They~a1so have purchased a 4.06 acre tract adjacent to the 0.7 acre tract. Staff recommended denial of the variance application for the reason that the parcel of land involved is less than 2~ ac(es in size and hence does not qualify for a permit under Section 2.02 of Ordinance 45. In addition, there is no effective means by which the Ci ty coul d prevent the conveyance of Tract B to a third person as it is a separately described metes and bounds parcel of land. Will Johnson, Board of Adjustments and Appeals, John Degnan, Attorney for the Schoen's, Jerry Koenke, ·andJimSulerUd were present. Councilman Geving moved to deny the variance request for a building permit for the reasons cited in conformance with the City Attorney's letter of December 28, 1979. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. BALTIC CORPORATION, REVIEW LANDSCAPING PLAN: The Council previously approved a landscaping plan contingent upon the City Forester preparing a plan for additional screening along the south side of the property. Mr. 'änd'Mrs. Conner, neighbors to the south, were present. The City Forester prepared several plansûsi'ng different types of landscaping to screen along the south side. A letter was read from the Robert \1agner1s, 2511 Orchard Lane, expressing their concern about I the landscaping plan. Council members generally liked a combination of plans A and B to befricorporated in the approved landscape plan. Site lines from the two properties to the south should be taken into consideration. PROFESSIONAL SERVICES AGREEMENT, B.R.W., HOUSING AND REDEVELOPMENT AUTHORITY: Councilman Neveaux moved that the City authorize the HRA to contract with the I I I , " Council Meeting January 7, 1980 -3- fi rm of Bather-Ringrose~Wolsfeld-Jarvis-Gardner, Inc. to proceed with Phase I of the Chanhassen CBS and business center development project in t.he amount up to a maximum of $15,000 as presented in the December 17, 1979, Council memorandum from the City Manager. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. RULES OF PROCEDURE: Councilman Swenson moved to approve the Rul es of Procedure for the conduct of city business. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. OFF! CIAL NEWSPAPER: Councilman Swenson moved to des i gna te the Carver County Herald as the official city newspaper. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. OFFICIAL DEPOSITORY: Councilman Neveaux moved to de~ignate the State Bank of Chanhassen as the official depository of the city and authorize the Mayor and Treasurer or Manager as authorized signatures for all city checks and the following persons be authorized to enter the safety deposit box: Mayor or Treasurer or Manager. The Mayor's facsimile signature be used on all city checks. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. CITY ATTORNEY: Councilman Pearson moved to appoint the firm of Larson and Mertz as the City Attorney with the fees of $37.50 per hour for budgetary accounts and $66.00 per hour for non-budgetary accounts. Motion seconded by Counci lman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. FINANCIAL CONSULTANT: Councilman Geving moved to appoint the firm of Juran and Moody as the financial consultant for the city. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. ACTING MAYOR: Mayor Hobbs moved that Councilman Neveaux be appoi nted Acting Mayor to serve in the absence of the elected Mayor. Motion seconded by Councilman Swenson. The fo 11 owi ng voted in favor: Mayor Hobbs, Counci lmen Pearson, Gevi ng, and Swenson. Councilman Neveaux abstained. Motion carried. FIRE MARSHAL: Councilman Geving moved to appoint Mark Littfin as fire marshal. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. CONS UL TING ENGINEER: Councilman Neveaux moved to des ignate the firm of Schoell and Madson as the city I s cons ult ing engineer. Moti on seconded by Council man Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. i~£t:DINSRECTOR: ' Councilman Neveaux moved to appoint Jerry Schlénk as Deputy Weed Inspector. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. HEALTH OFFICER: Councilman Pearson moved to appoint Dr. Richard Olson as Health Offi cer for the City of Chanhassen upon h is consent and.sent him a check. for $5.00 for past year's services rendered. Motion seconded by Councilman Geving. The following Council Meeting January 7, 1980 -4- voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. W.A. F. T.A.'- BOARD: Councilman Geving moved to appoint Jerry Schlenk and Art Kerber to the board of the Western Area Fire Training Association. Motion seconded by Council man Neveaux. The foll owi ng voted in favor: Mayor Hobbs, Counci lmen PearsorT, Neveaux, Geving, and Swenson. No negative votes. Motion carried. I FIRE CHIEF: Councilman Geving moved to appoint Jack Kreger as Fire Chief. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. 1980 PAY SCALE ADJUSTMENTS, CITY PERSONNEL: Councilman Neveaux moved to approve the City Manager's recon11lendation on the salary range adjustment (9% increase). Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Swenson. Councilman Geving voted no. Motion carri ed. 212/169 CITIZENS ADVISORY MEETING: Couhcilman Geving reported that the citizen advisory committee has concluded its input and is no longer functioning. The commit tee recommended the northern route north of Lake Ril ey. A final report wi 1:1· be forthcoming. Council members directed the City Manager to send letters of appreciation to Dick Vogel and Candy Takkanen for their work on this committee. NON-CONFORMING PROPERTIES: Councilman Swenson asked about sending letters to property owners advising them that their property is non-conforming. No action was taken. I SEWER AND WATER HOOK UPS: Councilman Swenson asked if the city had ordinances governing outhouses. No action was taken. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss any items on the cons en t agen da. Items d. ~l) Lotus Lake Es tates, Ph as e I an d d. (3) Burdick Park, Street and Storm Sewer Improvements were removed from the consent agenda. As no additional comments were received, Councilman Pearson moved to , approve the fo 11 owi ng items pursuant to the City Manager's recommendations: a. Budget Adjustment, Reallocate Additional Revenues Received - Fire Dept. b. 01 d County Road 17 and Park Drive Improvements, Joint Powers Agreement , Carver County and City of Chanhassen. c. Set Special Meeting Date, Tour Chanhassen Lakes Business Park; January 12, 1980. d. Accept Improvements as Meeting City Standards. 2. Trolls Glen, 2nd, 3rd, and 4th Additions (All Improvements). Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, ·and Swenson. No negative votes. Motion carried. Councilman Neveaux moved to adjourn. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Meeting adjourned at 12:15 a.m. Don Ashworth Ci ty Manager I