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1982 05 17 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 17, 1982 Mayor Hamilton called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was opened with the Pledge to the Flag. Jim Thompson and Carol Watson, Planning Commission, were present. APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as presented with changes. Delete the following' items: 5. Escrow Account, Lotus Lake Estates. l3b. Triplex, Chanhassen Road Add the following items: American Legion Liquor License Application. Minnetonka Community Services Advisory Board Meeting. Emphasis on Mosquito Control. McDonald's Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING INDUSTRIAL REVENUE BOND FINANCING DOLPHIN CONSTRUCTION Mayor Hamilton called the hearing to order with the following interested persons present: Dave Schulz, 7900 Great Plains Blvd. LeRoy Miller, 6897 Rolling Acres Road, Excelsior Mayor Hamilton asked if any members of the public had any comments about this proposal. There being no comments, Councilman Geving moved to close the'public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton~ Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. INDUSTRIAL REVENUE BOND FINANCING, DOLPHIN CONSTRUCTION: The City Attorney discussed his reportòf May 10, 1982. The proposal ïs the issuance of industrial revenue obligations in the amount of $650,000 to finance the Landco proposal to construct a 19,552 square foot multi-tenant commercial building on Lots 3 and 4, Block 1, Frontier Development Park. A preliminary letter of intent has been received from the First National Bank of Wayzata indicating that they would consider issuing this financing. Councíl members requested that staff review the financial data of the partnership. The City Attorney has reviewed the documentation submitted by the Bond Counsel and found it satisfactory. RÊsbLUTION 1182-26: Councilman Neveaux moved the adoption of· a resolution approving the preliminaryIRB application of Landco Partnership with the stipulation that the next time the City sees this the application for this financing as presented and discussed this evening and dated March 17, 1982, have the following changes to it for consideration at that time: Item #6 to be filled in as to exactly what kinds of attempts were made for conventional financing and with a written refusal from at least one conventional lender. Item 7b(2) as to the number of employees that the project will potentially employ upon completion coincide more closely with the figure presented to the State in the Application for Approval or Municipal Industrial Revenue Bond Financing to the Commission, Department of Energy, Planning and Development, and Item 8d, in the application tothe'City, be such that City Staff will have an opportunity to examine the earnings statements and balance sheets of the two principalts, Mr. Schulz and Mr. Miller, prior to returning to the Council. Delete item 2c,¡2d, and 2e in the application to the City. Council Meeting May 17, 1982 -2- This Agreement may be terminated by mutual consent of the parties at any time, provided, however, that the City reserves the right, at its sole discretion, to withdraw its approval of the Project if at any time the City Council determines that the public interest and the purpose of the Act will not be served by the I Project. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Councilman Geving moved to table the April 26, 1982, Council minutes to June 7, 1982. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to approve the May 3, 1982, Council minutes. Motion seconded by Councilman Horn. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion carried. REVIEW PRIORITY LISTING AND PROCEDURES FOR MN DOT CONSTRUCTION PROJECTS: Mr. Bill Crawford, District 5 Engineer was present to discuss priorities for road repair and new construction and the safety improvement program. Mr. Crawford stated there is no action presently being taken toward the upgrading of Highway 5. Council members stressed the necessity for continued communications between the City and State. REVIEW COUNTY ROAD 18 CONSTRUCTION PLANS: Pat Murphy and Don Wisniewski, Carver County were present. RESOLUTION #82-27: Councilman Neveaux moved the adoption of a resolution approving the plans for Project No. S.A.P. 10-618-06 (CSAH #18) showing proposed alignment as shown on Exhibit A dated May 17, 1982. Resolution seconded by Mayor Hamilton. I The following voted in favor: Mayor Hamilton, Councilmen Neveaux and Geving. Councilwoman Swenson and Councilman Horn voted no. Motion carried. RESOLUTION #82-28: Councilman Neveaux parking to that which is parallel with Geving. The following voted in favor: Councilmen Neveaux, Geving, and Horn. moved the adoption of a resolution restricting the curb. Resolution seconded by Councilman Mayor Hamilton, Councilwoman Swenson, No negative votes. Motion carried. ~layor Hamilton moved to authorize the City Manager and City Engineer to proceed with preparation of a contract for the sale in accordance with Option B as presented this evening. Motion seconded by Councilman Geving. The following voted in favor: ~layor Hamilton, Council~voman Swenson, Councilmen Geving and Horn. Councilman Neveaux voted no. Motion carried. ESCROW ACCOUNT, LOTUS LAKE ESTATES: At the request of Rick Murray, Mayor Hamilton moved to table this item to June 7, 1982. Motion seconded by Councilman Neveaux. The follo~ving voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. BUILDING PEfu~IT APPLICATION, 8470 GALPIN BLVD. Mr. Merle Volk was present seeking a building permit to install a new roof on a storage building that was damaged in a snow storm. Councilman Neveaux moved the issuance of a building permit to reconstruct the roof on the structure that was erected in 1979 to the specifications as approved by the city staff and to go concurrently with the application for a building permit with the City of Chanhassen dated April 6, 1982, with the further stipulation that the applicant proceed to process a request to the City to consider an 1-1 zoning for that property given the uniqueness created by the change in the highway location as evidenced by the approvals this evening of Carver County 18 which makes it I I I I Council Meeting May 17, 1982 -3- somewhat different from the considerations that were looked at in 1980. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. HOUSING AND REDEVELOPMENT AUTHORITY APPOINTMENT: Mayor Hamilton nominated Tim Russell to the HRA. RESOLUTION #82-29: Councilman the appointment of Tim Russell The following voted in favor: Geving, and Horn. No negative Neveaux moved the adoption of a resolution confirming to the HRA. Resolution seconded by Councilman Horn. Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, votes. Motion carried. FEE SCHEDULE, LAKE ANN PARK: Ann Park as follows: $3.00 resident seasonal pass $20.00 non-resident seasonal pass $4.00 daily gate fee. Vehicles carrying ten or more persons Councilman Horn. The following voted Councilmen Neveaux, Geving, and Horn. Councilman Geving moved to set the park fees for Lake require a group permit. Motion seconded by in favor: Mayor Hamilton, Councilwoman Swenson, No negative votes. Motion carried. CABLE TV COMMITTEE: Councilman Neveaux moved to accept the recommendation of Mayor Hamilton and appoint the following persons to the Cable TV Committee: Anita Thompson, John Linforth, Jim Bohn, and Robert Haak. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. BILLS: Councilman Geving moved to approve the bills as presented: checks #13575 through #13646 in the amount of $348,616.06, checks #17726 through #17801 in the amount of $103,340.47 and check #13667 in the amount of $187.50. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations: b. CED Engineering Services Agreement, CPT Drainage Improvement Project. c. Amendment to Sign Ordinance, Directional Signs on Private Property. Final Reading. d. Park Two Feasibility Study and Establishment of Fee Schedule for Feasibility Studies Completed In-House. (Resolutions 82-30 and 82-31). e. Set Special Meeting Dates: Firemen's Relief Association (May 24). Data Processing Workshop (May 22). Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MC DONALD'S: Councilman Horn expressed concern about an article in the Carver County Herald which stated McDonald's would not drop their lawsuit until they have a building permit. The Council motion stated that McDonald's did not have approval until the lawsuit was dropped. The City Attorney stated that McDonald's legal counsel wants to verify that there were no other permits required by other agencies. As soon as that is done the lawsuit will be dismissed. TREE HOLE MOSQUITO: Councilwoman Swenson asked the Council to consider for their next meeting a resolution reinforcing the need for residents to clean up their property, specifically discarded tires which are a breeding place for the Tree Hole Mosquito. The City Manager suggested the city ask the Jaycees to promote a community clean up and use city trucks and manpower for pick up. It was also suggested that the City Health Officer write a letter for publication in the Carver County Herald. Council Meeting May 17, 1982 -4- CHASKA COMMUNITY EDUCATION ADVISORY BOARD: A letter was received from Community Education asking that Chanhassen have representation on the Community Education Advisory Council. Councilwoman Swenson volunteered to attend on a temporary basis. This will be brought up at the next Chanhasseµ APT me~ting to see if. someone might be interested. I AMERICAN LEGION LIQUOR LICENSE APPLICATION: Councilman Geving stated he has been approached by legion members wanting to knpw what has happened with their application. The City Attorney is in the process of reviewing the application. MINNETONKA CO~lliUNITY SERVICES: Council members were invited to attend a meeting On May 27, 1982, in Shorewood City Offices. A motion was made by Councilwoman Swenson and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 11:30 p.m. Don Ashworth City Manager I I