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1978 08 14 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING AUGUST 14, 1978 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Neveaux, Waritz, and Geving. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative vQtes. Motion carried. CONTINUATION OF PUBLIC HEARING SOUTH LOTUS LAKE DRAINAGE IMPROVEMENT PROJECT Mayor Hobbs called the hearing to order with the following interested persons present: Judy Schmieg, 7703 Erie Avenue Dianne Prieditis, 7401 Frontier Trail Carol Johnson Mr. and Mrs. Clark Horn, 7608 Erie Avenue Curtis Huoire, 7381 Longview Circle Peter Bisson, 7367 Longview Circle Frank Krejca, 7404 Frontier Trail C. Peter Linsmayer, 7421 Frontier Trail Bill Ryan, 512 Laredo Lane Bob Robinett, 401 Cimarron Circle Mr. and Mrs. Bill Erickson, 501 Highland Drive Al Klingelhutz, 8601 Great Plains Blvd. Harry Pauly, 7561 Great Plains Blvd. Linda Brechtel, 506 Highland Drive Russell Larson B i 11 Brezi ns ky The Engineer presented alternatives previously considered by the Council which included: no reasonable alternative existed to the recommendation of piping storm waters from Frontier Trail to the lake across the Hughes property; that thè laternative of concrete piping had been explored but the cost would be approximately three times higher than the recommended open drainage swale; that the city would not receive grant monies unless specifications of the Soil Conservation Service and the DNR were met and in a manner similar to that recommended; and, that alternate methods of assessment would not be consistent with previous city policy, nor could rationale,J:>e found to include properties not contributing waters to the improvement project area for assessment purposes. Bill Ryan - Of the $53,000 how much is actually for the rip rap of Lot 12 and how much is for the ponding area? Bill Brezinsky - The construction cost for Lot 12 is $27,500, Hughes property $9,186, and the ponding area $2,648. Clark Horn - Other cities have chosen a much more direct route of choosing assessment areas that don1t cut through lots and they base it on which direction your front yard slopes cbecause thatts where your driveway is and mostof your drainage comes on. It {I1ákes Ule lines an awful lot cleaner than tryingtoguess'wb'iehway"T/3,of the property runs and that type of thing. - Mayor Hobbs - I would think thatts something that we can take a look at if we authorize the project and get down to the assessment hearing. Bill Ryan - ~1y concern mainly was that we are assured that we have got a system that can be maintained. Bill Brezinsky - Yes. Bill Ryan - Is it an open end grant that they will be participating in the maintenance of this thing? Council Meeting August 14, 1978 Mayor Hobbs - Not at this point. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Hearing closed at 8:45 p.m. -2- SOUTH LOTUS LAKE DRAINAGE IMPROVEMENT PROJECT: Councilman Waritz moved to table action until the next regular Council meeting August 21, 1978. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, Neveaux, and Waritz. No negative votes. Motion carried. I CHES MAR DRIVE WATERMAIN: RESOLUTION #78-38: Councilman Geving moved the adoption of a resolution authorizing a feasibility study not to exceed $200.00 and set a public hearing for September 5, 1978, for Ches Mar Drive Watermain. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. POSTAL ADDRESS: r~ayor Hobbs noted the City had requested the district postmaster in r~inneapolis to reconsider the Cityts request to establish one postal address for Chanhassen residents. The City had received a response from Mr. Layer stating that he had reviewed the petitions from the Chamber of Commerce and citizens but that the post office could not honor the citizen request. The Council authorized the Manager, on behal f of the Mayor and Council, to forward previous documents to our Federal Legislators in hopes of gaining their support for this request. STATUS REPORT, CERt1AK'S NURSERY: The City Attorney reviewed his report noting that Mr. Cermak has continued to expand his business which is presently a non-conforming use and that intensification of a non-conforming use is prohibited under city ordinances. I Councilman Geving moved to authorize the city staff to proceed with the preparation for an injunction with the Manager monitoring the progress on the basis of intensification of a non-conforming use. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to discuss any items on the consent agenda. It was requested that the following items be discussed separate ly: b. Metropolitan Transit Commission, Passenger Shelter Program - 1978/79. c. Off-Sale Intoxicating Liquors, Revise Hours of Sale. d. Employee Assistance Program - Continue Contract with Process Dynamics through June 39,1979. e. Planning Commission Appointment. As no additional comments were received, Councilman Neveaux moved to approve the following items pursuant to the City Manager's recommendations. a. Accept Commission Resignations. Les Bridger - Planning Commission Pat Swenson - Ecological Committee f. Review Tree Inspector Salary. g. Resolution #78-39 - Civil Defense Sirens, Participation in County Program. I Motion seconded by Counci lman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. METROPOLITAN TRANSIT COMMISSION, PASSENGER SHELTER PROGRAM: Councilman Waritz moved to authorize the City Manager to apply for the grant and invite the MTC I I I Council Meeting August 14, 1978 -3- representative to meet with the Council. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. OFF SALE INTOXICATING LIQUORS -REVISE HOURS OF SALE: Mayor Hobbs requested the Manager set up a meeting with manager's of Victoria's Bar, Pauly's Bar and owners and tenants of Colonial Shopping Center to discuss what the business community can do about cleaning up this area of Chanhassen. EMPLOYEE ASSISTANCE PROGRM~: Councilman Geving moved to approve the continuation of this contract with Process Dynamics through June 30, 1979. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. PLANNING COMMISSION APPOINTMENT: Councilman Neveaux moved to appoint Tim Stone to fill the existing vacancy created by the resignation of Les Bridger on the Planning Commission. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Geving moved to adjourn. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Meeting adjourned at 9:30 p.m. Don As hwo rth Ci ty Manager