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1979 01 22 I I I SPECIAL CHANHASSEN CITY COUNCLL ~EETING JANUARY 22, l~7~ OATH OF OFFICE: The City Manager administered the oath of office to the newly elected Mayor Walter Hobbs. Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson, Matthews, Neveaux, and Geving. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. AWARD OF BIDS - TRUCK CHASSIS: Four bids were received for a 27,500 pound 1979 truck chassis. Waconia Ford was low bidder but does not meet specifications. Staff recommended the purchase of a truck from Malkerson Motors in the amount of $11,832.27. Councilman Geving moved to accept the bid from Malkerson Motors in the amount of $11,832.27 for a 27,500 pound 1979 truck chassis. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. MINUTES: Councilman Pearson moved to approve the January 8, 1979, Council minutes. Motion seconded by Councilman Matthews. The following voted in favor: Councilmen Pearson, Matthews, Neveaux, and Geving. Mayor Hobbs abstained. Motion carried. Councilman Neveaux moved to note the December 19, 1978, HRA minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to note the December 18, 1978, HRA minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. BILLS: Councilman Pearson moved to approve the accounts payable dated January 15, 1979, as presented; checks #010298-010395 for a total of $1,041,465.38, checks #007090-007163 for a total of $947,335.83 and checks #10423-10434 for a total of $2,010.46. The Council noted the duplication of checks #10391-10395. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. PUBLIC HEARING PROPOSED VACATION OF ARBORETUM DRIVE Mayor Hobbs called the hearing to order at 8:00 p.m. with the following interested persons present: Marilynn Boorsma, 185 Arboretum Blvd. David Boorsma, 185 Arboretum Blvd. Ed Worm, 3430 Arboretum Blvd. Last August the University of Minnesota requested that the city vacate Arboretum Drive so that they can close off the road to nighttime traffic and collect admission fees at one point. Council Meeting January 22, 1979 -2- Mr. Worm objected to the vacation because he uses the street to get to his property instead of making a left turn off of Highway 5. The Boorsmats objected to the vacation as they own property along Arboretum Drive in victoria. Councilman Matthews moved to close the public hearing. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Hearing closed at 8:25 p.m. PROPOSED VACATION OF ARBORETUM DRIVE: Councilman Geving moved to deny the proposed vacation of Arboretum Drive. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. The Council felt that there was no one present from the University, there was only one letter submitted, no plan, nothing to show the people present. In the event that the University wants to come forth with that kind of information the Council will entertain another public hearing. PLANNING COMMISSION RE-APPOINTMENTS: Councilman Neveaux moved to accept the recommendation of the Planning commission to appoint Mal MacAlpine and Walter Thompson to an additional term on the Planning Commission. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. HRA RESIGNATION: Tom Klingelhutz has submitted his resignation from the HRA. This vacancy will be advertised. No action was taken. CONSTRUCTION STANDARDS, TREES AND SHRUBS: The City Council reviewed the correspondence regarding potential tree damage along the frontage road south of Highway 5. The Engineer noted that the construction specifications included in the Council Member's packets are presently being used in all projects. The Council asked that the Tree Inspector be consulted as much as possible regarding any tree damage/tree protection questions. ABANDONMENT OF RAIL SERVICE: The City Manager was instructed to send a letter to the Department of Transportation expressing the City's concern, as a governmental body, that while the City does not utilize rail service as an entity, that they look very carefully before abandoning any type of public service such as rail. The City is trying to promote a business industrial park area. The abandonment of this rail service may hamper their ability to receive raw products. HOMBRE'S BAR: The City Manager will have a report on the next Council agenda. WATER STUDY: The Engineer will present a report at the February 5 Council meeting. INTERVIEW CANDIDATES, CITY COUNCIL ENDORSEMENT FOR METROPOLITAN TRANSIT COMMISSION REPRESENTATIVE: The Council interviewed Gayle Kincannon and Ed Hjermstad. Both are seeking endorsement for Metropolitan Transit Commission Representative. I I I I I I Council Meeting January 22, 1979 -3- Councilman Matthews moved to endorse Gayle Kincannon as Metropolitan Transit Commission represeritative from Precinct H. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Matthews. Councilmen Neveaux and Geving voted no. Motion carried. SUBDIVISION REQUEST - RICHARD ERSBO: Mr. Ersbo was present seeking approval to subdivide his property at 1275 Lake Lucy Road into four residential lots. Sanitary sewer is extended to the northeastern corner of the property. The nearest water service is approximately 400 feet east. The Planning Commission held a public hearing and recommended approval of the subdivision and rezon~ng to R-l. The Assistant City Manager/Planner recommended approval conditioned that the applicant make all public improvements including a looped water system, and also petition for extension of municipal water to serve the property. Councilman Matthews moved to accept the Assistant City Manager/Planner's recommendation, reference Planning Case p-584. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. NATURAL GREEN, CONDITIONAL USE PERMIT: David Luce was present seeking approval of a conditional use permit for his business at 1660 Arboretum Blvd. The Planning Commission held a public hearing and recommended approval of the conditional use permit. Councilman Pearson moved to table action and direct the City.Manager, along with Bruce pankonin, Jerry Schlenk, and Bob Waibel, prepare a narrative on the past history of this proposal. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. SIDE YARD VARIANCE - GREGORY HOOPS: Mr. Hoops is requesting a 7'10" side yard variance to construct an attached garage to his home at 7604 Great Plains Blvd. The Board of Adjustments and Appeals met and recommended denial of the request. Councilman Neveaux moved to deny the request based upon the planning report and the minutes of the Board of Adjustments and Appeals, Case P-608. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. FILL PERMIT APPLICATION, JEAN LOVETANG: Ms. Lovetang is requesting a fill permit to install 250 cubic yards of dirt on her property at 6850 Chanhassen Road. A letter was received from the Riley Purgatory Creek Watershed District stating this project does not meet their requirements therefore a grading and land alteration permit will not be required. Councilman Neveaux moved to accept the Building Inspector's report of January 11,' 1979, and allow the fill permit. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hobbs asked if any council.member wished to discuss any items on the consent agenda. Mayor Hobbs asked that item a. Council Meeting January 22, 1979 -4- Municipal State Aid Agreements be discussed separately. As no additional comments were received, Councilman Geving moved to approve the following items pursuant to the City Manager's recommendations: I b. Development Contract, Kellynne Addition. c. Traffic Signal Agreement, State of Minnesota, Dakota and Highway 5. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. MUNICIPAL STATE AID ETA AND AGENCY AGREEMENTS: Councilman Neveaux moved to accept the conditions of the Municipal State Aid ETA and Agency Agreements with the Etate of Minnesota and signatures to be properly affixed to both agreements. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. 208 STUDY: A public hearing will be held January 25 for comment on the study. The Assistant City Manager/Planner discussed issues pertaining to Chanhassen: Lake Ann Interceptor. No expansion of Chaska plant service area. Procedure #10 does not provide any tools for the local governments to challenge or to have any examination. On site permits. Councilman Pearson moved that the Council is in agreement with the I Assistant City Manager/Planner's memorandums of September 21, 1978, and January 19, 1979 with reference to the Metropolitan Council 208 Plan. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. EXTENSION OF BUILDING MORATORIUM, DOWNTOWN BUSINESS DISTRICT - HRA: John Przymus, HRA Commissioner, was present. The Council previously adopted a building moratorium in the downtown area. This moratorium was effective until December 31, 1978. The HRA Commissioners feel that they are in a position to formally present development plans for public comment and to seek development commitments and requested the Council extend the building moratorium six months. Commissioner Przymus explained the.Tevised plan. Council members requested a monthly report from the HRA. Councilman Geving moved to re-enact Ordinance 47K with an expiration date of July 31, 1979. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to adjourn. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Meeting I adjourned at 10:50 p.m. Don Ashworth City Manager