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1985 06 17 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING June 17, 1985 ..... r--. '" ~, -~ ~..:' Acting Mayor Geving called the meeting to order. The meeting was opened with the Pledge to the flag. Members Present Councilman Horn, Councilwoman Watson, and Councilwoman Swenson Members Absent Mayor Hamilton Staff Present Don Ashworth, Barbara Dacy, Bill Monk, and Roger Knutson APPROVAL Of AGENDA: Councilwoman Watson moved to approve the agenda as presented with the following items added: Hidden Valley discussion, Municipal Water situation, Road to park shelter, and Resolution on Nuisances. Motion was seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilwoman Swenson requested that item l.e (Approve position description and pay range for building inspector) be removed from the consent agenda for discussion. Acting Mayor Geving moved to approve the consent agenda pursuant to the City Manager's recommendations: b. Approval of Land Surveyor's Certificate of Correction, Pheasant Hill Plat. d. 1985 LMC Nomination of League of Cities Board. Motion was seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. MINUTES: Amend May 20, 19B5 Council minutes, page 19, sentence 19, under SKETCH PLAN REVIEW FOR ~ TOWN HOMES ~ PROPERTY ZONED R-l AND LOCATED ~ 3900 RED CEDAR POINT, PLOCHER AND GESKE, Councilman Horn: I understand the marketability of having a lake access, but again I think"if the taxation situation weren't so difficult, you wouldn't find lake property being unmarketable. Amend May 20, 1985 Council minutes, page 31, under HIDDEN VALLEY SUBDIVISION, SE CORNER OF HIGHWAY 1 AND ~ NEW AMERICAN HOMES: ~ Perliminary Plan Approval Including Rezoning ~ ~ Planned Residential Development, condition 12 under the motion for the preliminary plan including rezoning to P-l, planned residential deve- lopment: 2. A 25 foot front yard setback on non-cul-de-sac lots, a 30 foot front yard setback on cul-de-sac lots and a minimum separation between buildings of 20 feet with side yard setbacks of 10 feet on the sides. The applicant shall submit a "staking plan" for each building permit application showing not only the proposed lot for building proposed but also the setbacks to adjacent structures. Acting Mayor Geving moved to approve the City Council minutes dated May 20, 1985 as amended. Motion was seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No nega- tive votes. Motion carried. Council Meeting, June 17, 1985 -2- Councilwoman Swenson: I would like to make a request that the minutes and all memos be initialed by whoever types them up. In that I mean all memos and all minutes. I Amend City Council minutes dated June 10, 1985, page 2, under DAVID M. HALLA, change the "Motion to Approve" to read: No motion required, discussion item only. Councilwoman Watson moved to approve the City Council minutes dated June 10, 1985 as amended. Motion was seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwoman Watson and Councilman Horn. Councilwoman Swenson abstained. Motion carried. Councilwoman Watson moved to note the Planning Commission minutes dated May 8, 1985. Motion was seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilwoman Swenson. No negative votes. Motion carried. Councilwoman Swenson moved to note the Park and Recreation Commission minutes dated June 4, 1985. Motion was seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No nega- tive votes. Motion carried. APPOVAL checks through Watson. Swenson QI ACCOUNTS: Acting Mayor Geving moved to approve the bills as presented: #022560 through 0022644 in the amount of $2,867,160.36 and checks 0025134 0025249 in the amount of $253,211.53. Motion was seconded by Councilwoman The following voted in favor: Acting Mayor Geving, Councilwomen Watson and and Councilman Horn. No negative votes. Motion carried. Councilwoman Swenson suggested that a code of some sort be put on the accounts payable listing showing that certain monies are being reimbursed to the City. I FLAIL MOWER PURCHASE REQUEST: Bill Monk stated that the City has a flail mower, which is about 6 feet wide and is used for cutting road sides. The flail mower is used quite a bit in the parks and by the street department. The one that the City has now is 15 years old and literally fell apart. The City started to put several hundred dollars back into it each time it was attempted to be put together. This last time, he felt he would bring it to the Council's attention that monies do exist for its replacement and he recommended the purchase of a new one. But before it was purchased, he thought he would run it by the Council and see if they had a problem with that purchase. He stated that he felt it was needed. The Council felt that there was no problem in purchasing a new flail mower and agreed with Bill Monk's request. 4. REAR YARD VARIANCE REQUEST, ~ SHASTA CIRCLE EAST, EVIE CARLSON 5. SIDE YARD VARIANCE REQUEST, 513 CAHN VIEW, JOHN HAVLIK 6. FRONT AND REAR YARD VARIANCE REQUEST, 6800 RINGO DRIVE, TOM DIETHELM The above three items were approved by the Board of Adjustments and Appeals at an earlier meeting this evening, therefore, no action is required by the City Council. I I I I C.,', l. ' Council Meeting, June 17, 1985 -3- REVIEW PETITION FROM KERR COMPANIES REQUESTING MUNICIPAL INSTALLATION OF IMPROVEMENTS FOR LAKE DRIVE EAST BETWEEN DAKOTA AVENUE AND ill 101: Bill Monk: A letter dated June 6, 1985 from the Kerr Companies was submitted to the City petitioning municipal installation of Lake Drive East between Dakota Avenue and TH 101. It has always been assumed by staff that this petition would come in because Lake Drive East is a state aid road and the only way that state aid monies can be reimbursed to the City and used for construction are if the improvements are installed municipally. At this point, staff is recommending that the Council authorize preparation of that feasibility study. Further, that it be done by Orr- Schelen-Mayeron & Associates who has done the balance of that frontage road system and that all City policies be met requiring these developers having to put up and escrow for the feasibility study in the event the project does not proceed. The petition is quite straight forward and I will answer any questions at this point. Councilwoman Watson: You will only be installing the utilities, etc., in the back street? Bill Monk: There is very little sewer and water and it would primarily be just street and storm sewer work. The rest of the project is fine. Acting Mayor Geving: Is there any overlap in the project itself. When I looked at this proposal, we would be doing a part of that project that they would be forced to put in anyway, like the western part of the project where they have to gain access to the development. Bill Monk: Yes, we can, since it is a MSA street system, somebody has to decide to do that portion. There is no question that they are going to use the whole road eventually to feed the development. Acting Mayor Geving: I guess what I was looking for, since we have to do this our- selves with state aid funds and we would relieve them of that cost........ Bill Monk: They will be assessed. There is no question about that. They will be assessed the equivalent for a residential street, at least. But that would come up in the study. Acting Mayor Geving: O.K., that is the point that I wanted make. RESOLUTION 085-27: Councilwoman Watson moved the adoption of a resolution to proceed with the feasibility study necessary for the Kerr Companies' request for municipal installation of improvements for Lake Drive East between Dakota Avenue and TH 101. Resolution was seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS FOR LAKE ANN BOAT ACCESS: Bill Monk: Bob Sellers from VanDoren-Hazard-Stallings was here. Mr. Sellers did the plans and I worked with him. I think the Council has seen this a number of times. Plans and specs have now been done to put in the Lake Ann Boat Access. They include: paving of the access drive as it comes off the existing blacktop parking area and paving of the gravel section, a doubling in size and paving of the parking lot as you would go down to the beach area, the construction of an access drive and parking area is they would come down to the boat access, construction of the boat access itself and then a bituminous bikeway between the boat access and Greenwood Shores park, adjacent to the existing walkway trail, so that bicycles can get through there C) ;"'-, Council Meeting, June 17, 1985 -4- better. This is a part of a grant that was recently approved. It is a grant that the City Council has approved also. It is a 50/50 split of improvement costs, which are estimated at this point, to be $90,000. They are still very much the same as I what the Council, I believe, has seen all along. You may not remember the reason for this parking area. It was to allow the wooded area up above to be used for private picnic sites. Instead of trying to tie up the boat access parking lot, a secondary parking lot was put in here. There is really very little difference in the drainage. The drainage has gone to the Watershed District and they have now approved that. We are using some detention and curb sections to control the runoff as it heads towards the lake. But there really isn't that much of an increase, given the area that we are dealing with. Don Ashworth: You should note, Mr. Monk, that the lower lot is being paved as a part of this project and has bascially doubled in size from what it is right now. With this improvement we are going to be taking care of two problem areas that not only provide additional picnic areas and a boat access, but also correcting that parking problem on that lower level. Councilwoman Swenson: What is the next step now? Bill Monk: We have to submit plans and specs for state approval. We are hoping to get the boat access graded in with gravel and whether we will actually get it paved this year, I am not sure. I think it will depend on the weather. I am hoping that within the next 60 days we get going. But you have to get the bidding process going, etc. Hopefully, by late summer or early fall we will be able to get in there and do the grading and get things cleared out. Councilwoman Swenson: It should be ready next spring then for use? I Bill Monk: It will be ready for use, yes. Again, whether it will be paved, because if we don't pave it this year we may have to wait until early summer when it gets a little warmer because you can't really pave in the spring time. It will be useable, even in gravel form. Councilwoman Swenson: Don't you recommend that it should settle over winter before you pave it anyway? Bill Monk: -- chance that we will do, It will depend a lot on we will recommend that, is restore it. the soils that we find out there. It is a good but if there is any question at all, that is what RESOLUTION 085-28: Councilman Horn moved the adoption of a resolution to approve the construction plans and specifications for the Lake Ann Boat Access. Resolution was seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. PROPOSED RESOLUTION lQ REQUEST A ~ 1 CORRIDOR STUDY ~ THE METROPOLITAN COUNCIL: Barb Dacy: I feel that the study that we are doing to see if we need another study is needed. I would recommend approving the attached resolution. We are meeting on a monthly basis with the adjacent communities, MnDot, and the Metropolitan Council staff. Minnetonka and Shorewood have a real keen interest in what goes on with I Highway 7 and I think in the future, given the growth toward the southwestern area, that we are affected just as much. I I I t~ (.~ Council Meeting, June 17, 1985 -5- Councilman Geving: I would request that we get something into the Carver County Herald and other means for notifying the people that live adjacent to Highway 7 that something is happening up there and maybe we are going to come up with a resolution. Is there some way of doing that, Ms. Dacy, of getting something both in the Herald and the Sailor. I think a lot of our residents in the northern area would like to know that something is happening, at least. Barb Dacy: What we are going to find out is how much it is going to cost. I know that is going to be important to us as to how much you would want to contribute, if at all. Acting Mayor Geving: We need to know the cost involved to the City, what our com- mittment will be, how long this is going to take and furthermore, that you are going to continue to track this thing and stay with it and do whatever it takes to bring this to us successfully. RESOLUTION #85-29: Acting Mayor Geving moved the adoption of a resolution, request- ing a TH 7 corridor study by the Metropolitan Council. Resolution was seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. ACCEPT BRIAN FOLTZ'S RESIGNATION FROM THE PARK AND RECREATION COMMISSION: ---- Acting Mayor Geving: I would like to suggest that Don Ashworth, City Manager prepare a letter accepting Mr. Foltz's resignation, which will be signed by all Council mem- bers. I think it is appropriate that we do that for any of our commission members. We will now have to go out on the street again to find another commission member. Councilwoman Swenson: Could we go back and find the applications that have been made for the Park and Recreation Commission and send them notices that there is a vacancy. Don Ashworth: areas of the in different Yes. The Park and Recreation Commission has tried to take different community, but we seem to continue to have a problem with finding people areas. Acting Mayor Geving moved to accept Brian Foltz's resignation from the Park and Recreation Commission and directed the City Manager, Don Ashworth, to prepare a letter for the signature of the City Council accepting that resignation and begin advertising for this open position. Motion was seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS FOR PIPER RIDGE: Bill Monk: I think the Council is aware of the history on this project in that we are now to the plans and specs stage. The major plan sheet does include sanitary sewer and watermain from Sandpiper Trail down into the project through a simple extension of laterals. Storm sewer was addressed in some detail as a part of this plan, both getti~g the water from the road into the upper wetland area and from there south, down to the edge of the class A wetlands and Lake Minnewasta, further to the south. There is a pond overflow that comes into this site plus drainage from this site and we have also addressed in detail, drainage from the existing neighborhood, which will be handled through a intersection improvement going out 100 feet in width. Through these mains we will handle the water that comes into this upper wetlands, (> f. ." Council Meeting, June 17, 1985 -6- carry it through pipe down past where homes would be located, down into a drainage basin that would be located here along a berm that we would create along with some sedimentation to occur in this location before it passes on to the wetlands further to the south. Again, all the pipes have all been sized so that we can handle not only new drainage, but existing drainage from the neighborhood and from the pond further to the northeast. In terms of grading, the road grade may seem very wavey, and it is as far as the street grades are proposed, but we did have one item that we wanted to hold to and that was the elevation of the street right over the top of the pipe so that should anything happen to this pipe so as not to impact the houses in this subdivision or the houses surrounded, the street grade was placed so that any overflow that would happen would occur over the road before it would get to any of the houses around here. For that reason, we had to put this low dip in the road at this point and there was no way really, to get around this rise either because the land rises so quickly on either side that we had to lay the street grade out. Grading will be kept to a minimum and we really will be disturbing about an 80 foot swath through the entire project and we want grading. The lot grading and the woods will be handled by individual builders, which we feel is a much better way to do it than the City going in and flattening everything out. Those are the major portions of the project. Councilwoman Swenson: On this drainage, will it drain into additional ponding before it goes into Lake Minnewashta? Bill Monk: The design was to save this wetlands in the upper area, but to also create a small holding basin down below that would take the water, hold it to a cer- tain elevation and then allow it to go out into the larger wetlands itself. So it is a dual function. There are two separate drainage facilities that will be used before it gets to the class A wetlands to the south. Councilwoman Swenson: As I understand it, the pond north of this has been draining into the pond that existed before the development. Bill Monk: There is an overflow that comes down and outlets through the site. That would be handled and the pipes have been sized to take that. Councilwoman Swenson: enough so that we are sedimentation. What you are proposing is that the lower pond will be deep not going to have a vast overflow into the lake without proper Bill Monk: Between these two basins we can handle quite a storm. Councilwoman Swenson: You are sure that there is sufficient sedimentation? Bill Monk: Yes. Acting Mayor Geving: What are you going to do with those existing drainage tiles. Are those going to be pulled out of there? Bill Monk: They will basically be removed as we go through and in essence, replaced by the storm sewer. We will make an effort to see if any of them go up into the neighborhoods up above. If they do, we then connect them in the system. We are not trying to disturb anything that might be draining down through. I don't believe right now that many of the tiles are functioning. Acting Mayor Geving: Obviously, you are not going to loop any water through there. I I I I I I c. Council Meeting, June 17, 1985 -7- ~ Monk: We don't want to disturb the existing neighborhood. With 12 houses drawing on that line, it should be adequate. Acting Mayor Geving: I noticed that you are about $20,000 more than your estimate. It is probably not that unusual, in fact you probably feel pretty good that it is that close. Is there anything that you may have missed on your estimate? Bill Monk: You have to remember that one of the things that makes this a little bit confusing is that the total number includes trunk charges that are not necessarily a part of the construction cost. If you look at the feasilibity study and take a look at this, they will be within $1,000 if you take the trunks into account. There will be trunks charged to all of these lots as a part of the project. Acting Mayor Geving: On that dip in the road where you have the water flowing over, is it remotely possible that at some time we could have a situation where the road is flooded and access to the homes and the cul-de-sacs would be cut off. Bill Monk: The most water that can accumulate in the street itself is 6 inches. You have got a crown section. This will be ditched slightly on top of the pipe. If the pipe should become clogged and a rain storm comes, it fills this up and it overflows. It will basically go right across the road. It won't stay on the road, it will go across. The most you will have on the road at anyone point would be, at most, one foot. But it shouldn't be more than 6 inches. That would be a temporary thing until the storm died. Councilman Horn: That would be just at the edge of the road, not at the crown? Bill Monk: Yes, it would be. You could probably travel at the center of the road and go through very little water, except what was coming between them. It is basically a major safety valve. Councilwoman Swenson: How does that remote contingency of getting plugged affect the restrictions that we put on the developers on those first lots. Bill Monk: What we have looked at in here is that these lots would have to be built with the lowest levels, I think 957, because the road at this point is going to be 955, being two full feet above whatever would be here. There is still a lot of work that has to be done on number one. That would have to come back to the Council, should lot 1 ever be considered for bUilding. It is marginal. Councilwoman Swenson: So Councilman Horn suggested that the dip of the road should handle the rest of those, so I assume that is true. Bill Monk: Yes. Councilwoman Swenson: Just to reaffirm something when we do this. Does the deve- loper pay for this as he sells the lots? What happens if the development doesn't occur? Bill Monk: We are getting a letter of credit that guarantees the entire project. RESOLUTION H85-30: Councilman Horn moved construction plans and specifications for Acting Mayor Geving. The following voted Councilwoman Swenson and Councilman Horn. carried. the adoption of a resolution approving the Piper Ridge. Resolution was seconded by in favor: Acting Mayor Geving, Councilwoman Watson opposed. Motion Council Meeting, June 17, 1985 -8- Actinq Mayor Geving: What is your next step with the project, Mr. Hermann. Randy Hermann: As soon as we can get the construction bids in and get whatever contractor started, we are ready to roll. I Acting Mayor Gevinq: Mr. Monk, don't we have to put in the improvements first before we begin anything? Bill Monk: How this will go is that we will now take bids with this Council approval and they will probably come back to the Council for the second meeting in July. Based on those bids, the Council will make a final decision as to whether to proceed or not to proceed with the project. At that point in time, construction could then start anytime in August. It is proposed to do all of the utility improvements and the gravel this year and leave the street paving until next year because of the soil types that we know we are going to encounter. Acting Mayor Geving: When would the developer, in this case, start building the first home? Bill Monk: I would say that in sometime in August he would have to get it graded first before they can get is rough graded, at that point he can start building. gravel is done. probably could be building. We to any of the sites. Once it He cannot occupy until the HIDDEN VALLEY: Councilwoman Swenson: On this Hidden Valley in the administration packet, Bill Monk's letter regarding Hidden Valley EAW. This makes me very nervous. There is a letter here from the Environmental Planning Department regarding the environmental I assessment worksheet for the Hidden Valley PUD. It is not good. It says that "either the EAW be revised to recognize and properly assess the above mentioned impacts and make changes in the plan that will show how these impacts will be mitiga- ted.or an EIS be prepared in order to fully assess potential impacts of this project (particularly on the water quality of Lake Riley) and to assess appropriate measures to mitigate these impacts." It is followed by a statement from the Metropolitan Community Development, and I guess it makes me nervous because if you remember when we worked on this project and approved it, I approved it merely with the understanding that we would have approval from all of the involved bodies, and that this was not going to have an adverse impact on the waters. We have had work being done by the Watershed and the Metropolitan Council in trying to clean up this chain of five lakes that we have. At the time the development came before us I was concerned with it. I recognize that in Mr. Monk's letter he speaks about ponding. We have spoken about ponding for a considerable period of time. It is fine so far as it goes, but this is a serious problem and the citizens of this lake have spent considerable amounts of money to try and combat the weeds and the problems that we have. We also have been subjected to a park down there, which has been very good. I am very very concerned about this. In addition to this, it brings out a concern that I have mentioned before and that is that when the developers do the EAW's, I have often wondered whether the natural inclination isn't assumable for those things which are difficult and we have always trusted that there would be somebody that would be backing it up and checking on what they do. There was no mention of any particular problem in this area. Here again, I think the minutes will reflect that I mentioned this when the subject came up originally. the developer had to know that this was a problem. The fact that he didn't bring it to a forceful attention disturbs me. I guess I am just not satisfied I with our response to the Metropolitan Council on this. I think this is a major problem and I am not sure that ponding is going to solve this. I I I ,1'-....~- ~~;:~- L~l Council Meeting, June 17, 1985 -9- Acting Mayor Geving: I would like to ask whether or not the approval for the Hidden Yalley plan included the normal conditions that all governing bodies that had any amount of say in a project such as this, had to affirm. I would assume that this is the standard statement of any of our agreements and that we were always looking for the Watershed Oistrict approval and ONR approval, etc. Barb Oacy: Everything done with the Hidden Valley plat was, as usual, with the related issues. Your motion of approval included a condition - Subject to compliance with all the EAW requirements and so on. There were 25 agencies that the City has to notify. There is a 30 day comment period. The closing date of that comment period was the first week of June. We did not receive Metropolitan Council's comments until after Council action. Rest assured that the City is going to have to be satisfied, as far as the EAW is concerned first before construction can take place. In fact, what is going to be done is that we have gotten responses from PCA on the sewer, etc. and what Sathre-Berquist will be doing is prepared an addendum to the EAW. That will come back for your review in July, because the City Council will determine if the EAW is satisfactory or if an EIS is necessary. Acting Mayor Geving: So you are going to give us another shot at Hidden Yalley? Barb Oacy: Yes. Acting Mayor Geving: Are you satisfied with that, Councilwoman Swenson? Councilwoman Swenson: I don't think so, because we have a very definite objection right here from the Metropolitan Council. They are either going to have to change what they have planned or they are going to have to have an EIS. I think it is really quite plain. In the minutes I very clearly stated that my approval was sub- ject without reservation to having this stuff resolved. Barb Oacy: That is not disputed. I think we are getting at the same point. What will happen is that we will get this additional information. There is another com- mittee meeting of the Metropolitan Council before it comes to our Council here, so we will have additional input for you at that time. Councilwoman Swenson: As I am personally concerned, that any approval that I gave that development is null and void until I see a situation here that I am completely comfortable with. Barb Oacy: One of our conditions of approval is, as recommended by EQB, if there is an EIS needed or if their comments received changes the EAW, we left an out for the Council to go back and review it. Councilwoman Swenson: Just so the developer understands this. I don't want anything done just to accommodate a developer. The City and the lakes are going to be here a long time after the developer. Acting Mayor Geving: I think the process is taking place right now, and we won't do anything until we are satisfied. Councilman Horn: I think that we have to be careful to sort out which of these pro- cesses we use that are timely and will give us the information that we need and which of these processes are designed mainly to stall and really don't give anymore infor- mation. , "/' ~t; ; '":>: Council Meeting, June 17, 1985 -10- Councilwoman Watson: I don't think that there is any attempt on anyone's part to stall. I Councilwoman Swenson: Not in this instance I don't. Councilman Horn: Not on our part, I agree. Councilwoman Watson: You mean the Metropolitan Council's motives could be changed. Councilwoman Swenson: I would attempt to think so, except that there is so much being done. Don Ashworth: We purposely placed this item into this agenda in response to make sure that the City Council was fully aware. Staff is very concerned. If we weren't concerned we wouldn't have placed this as a separate item and made sure that you were fully aware of it. I do see that there is a third option in here and that is to make sure that Metropolitan Council knows all of the facts before they take too hard a position in one way or the other. MUNICIPAL WATER: Councilwoman Swenson: On the report from the Minnesota Department of Health regarding our water, on the recommendations, what are we going to do about this? Bill Monk: The comments have been the same for the past five years. Most of the comments are basically the same. Councilwoman Swenson: They stated, "The average daily water usage greatly exceeds the guideline of providing a minimum of one-day water storage capacity. We recommend that a study be conducted to determine the adequacy of the system and the possible need for increased water storage facilities." I Bill Monk: The Council has already authorized that study. One of the recommen- dations was this same comment last year. Councilwoman Swenson: Have we started this study? Bill Monk: You will see it within 30 days. ROAD TO PARK SHELTER: --- Acting Mayor Geving: It has always been our thought that we would extend the road from County Road 17 to our park shelter because of the development in that area, and we kept waiting for that to happen. If this doesn't happen, our park shelter has been built and placed for a couple of years and it is virtually useless to us. Somehow or another I would like to encourage the developer, Opus Corporation to build a road through that area, which would enhance the view of the area and sell those lots and at the same time give us access to our park shelter. Has anyone talked to Opus about this? Bill Monk: I have thought of several different options with that situation. One of the problems is that if you are going to build the road you have almost got to build it across the length of Opus' property and along the lake. Also you need that dirt to get further back to build the road across the flat mess that you have got there, the soil is very unstable. What I have been thinking of recently, and I haven't talked to Opus about it, what is the possibility that they would allow the existing road that goes down there to be widened to double its width. They would be taking some of the farmland that goes down through there and then improving the entrance by the railroad. However, I haven't pursued that yet. I .~ I I C (.Y Council Meeting, June 17, 1985 -11- Acting Mayor Geving: The reason that I am proposing this tonight is that I would like to see us open up something to our park shelter for our community and let's get some use out of it. If it means making a proposal to Opus or maybe Opus has some ideas themselves. I know I wouldn't want to put a road directly across that marsh land. It would cost us a bundle. But maybe there is some other alternatives. Don Ashworth: You have authorized that as a public improvement project. We have conducted the feasibility study. We had the owners in and they were going to take it back and think about it. We have really given them a long enough period to think about it. We could go back to them and state that we see a definite public need for this road and state to them that the City Council is thinking very much about starting the first phase of it. The only thing that we have left is the public hearing process. The Council can initiate that whether they like it or not. Acting Mayor Geving: I am not opposed to doing that. I guess that is what I am really saying, that I wouldn't be opposed to starting that process where we could build, with public funds, that road so we could open up that area, not just to the park shelter, but to open it up so we can develop those lots in there as well. Eventually, when the Ward's settle their estate, we will push that road all the way to HWY 101. Don Ashworth: I think they would look at it favorably because we do have monies in the state aid account to cover 50 percent of the construction that the feasibility study stated. The other 50 percent would be paid through assessments. So they would be stuck for that 50 percent. Acting Mayor Geving: How do the Council members feel about this? Councilwoman Watson: I think we have to do it, I don't think Opus is voluntarily going to put a road in there. Don Ashworth: We could write a letter that would be highly suggestive. Councilwoman Watson: I don't get the feeling that Opus is into throwing a lot of money into the industrial park right now. I get the feeling that they have done a lot of rethinking and a lot of trying to redo and remarket. I just don't see them being excited about this. Acting Mayor Geving: I think that I am looking down the road a couple of years from now and hopefully the Ward Estate can be settled to the point where we can push the road all the way to HWY 101. If there aren't any Council objections, I would like to see us start with going to Opus and saying this is what we are intending to do. Acting Mayor Geving moved to direct the staff to prepare a letter to the Opus Corporation stating that the City highly desires seeing that a road be placed through there in accordance with the feasibility study and where we are in that process and we would like to move forward. Motion was seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. Councilman Horn: I tend to agree with Councilwoman Watson. I am not sure that this is good timing for Opus. My concern is that if you approach them when the timing is not right you could set up a negative reaction that would carry further into the time when the time might be right. As long as the letter is kept to the point that the City is interested with the interest of moving forward, just a letter of intent and not really pushing too hard. (~f~ r:-:;J ~<.~:' Council Meeting, June 17, 1985 -12- REDMOND PRODUCTS BUILDING: Acting Mayor Geving suggested that the City Planner, Barb Dacy, inform the press of the new Redmond Products building that is going up on the east side of Chanhassen, off of Highway 5. , VISITOR PRESENTATIONS: ~ Klingelhutz: I had a little discussion with Mr. Geving this morning on the for- cemain and the gravity flow main, and I felt that it would be better that the City prepared a resolution for Carver County to pass, in favor, the gravity flow main so that the Lake Ann interceptor probably could be completed. I think it would be help- ful in possibly obtaining the route that you want to go. Another thing that I was going to bring up was the assessing. I still feel that if the City of Chanhassen would want to contract for 1985 and 1986 that we might be able to get under the wire for 1985. It is past time, but I believe that I could accomplish that for the City and save $4.50 a parcel in assessing. Don Ashworth: The Council authorized that two weeks ago and the letter went out last week under the Mayor's signature. It should be down to the County right now. It went out last week. Acting Mayor Geving: So the proposal then is to get the contract for 1985 and 1986. ~ Klingelhutz: That was my understanding. Acting Mayor Geving: If you could push that through for us, I think that would be a start. I Councilwoman Swenson moved to direct Commissioner Klingelhutz to approach the County on the City's behalf regarding the Lake Ann interceptor issue. Motion was seconded Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. MTC OPT-OUT STUDY UPDATE: - - Barb Dacy: I brought this to your attention in preparation that BRW will be coming in next month as a proposed alternative as to other transit options between Chaska, Shakopee, Eden Prairie and Chanhassen. It appears that based on the initial data that they collected that there could be some type of commuter routes exchange service between Chaska, the Jonathan Business Park, and our business park. We have picked up on a traffic pattern east to Hopkins and Minneapolis in conjunction with Eden Prairie and maybe a reverse commute function might work. As far as our downtown area, a suggestion was made that maybe a dial-a-ride service for some of the elderly folks that live in apartments or any of the folks in the downtown area or make a traffic generator. I just wanted to bring this to your attention to show you where we are at. Acting Mayor Geving: When do we have an opportunity to actually make a decision on this? Barb Dacy: This was originally scheduled to be done by June, but obviously, that is not going to happen. You could expect some type of wrap-up, etc., by August. If something concrete is chosen we could try and start implementing some type of service I in October. Councilwoman Swenson: I would like to see another communication transportation system between our citizens towards Excelsior. With the development now of our downtown and I I I i"/ (_, E; Council Meeting, June 17, 1985 -13- the rapid growth that we are running into, I would like to get this community as a community. So if there is an opportunity for you to mention that, I think that would help us tie in the lines to the north. CARVER COUNTY ASSESSING, COURT DECISION: Roger Knutson: Needless to say, we were quite disappointed in the decision. Where do we go from here? I believe you received a letter from Tom Scott from my office. I think what you are doing right now is, in our opinion, the best way to go; to talk with the County and see what happens. If your decision would be made to appeal, you have 30 days to appeal from June 11, 1985, so there is plenty of time. I think the best proposition is what you have already initiated. LAKE ANN/LAKE VIRGINIA FORCEMAIN, STATUS REPORT: Don Ashworth advised the City Council that a position paper by Metropolitan Council staff had just been received that was quite different from the meetings that had occurred over the past year. Although no recommendation is made, the entire report is slanted towards the forcemain being the only logical alternative. The report includes findings based on the bias population forcast, new 1/1 reduction require- ments and major improvement timing changes. At this point, staff is preparing to refute the findings in this report and show that the interceptor option is still pre- ferable. City Council members reaffirmed their support of the interceptor option and directed staff to pursue the issue with whatever means possible. RESOLUTION ON NUISANCES: Don Ashworth: As a part of the Council's action of a month ago authorizing the attorney's office to work in coordination with the building department to clean up the West 78th Street, he noted that under that ordinance you have to designate their office. It says that, "BE IT RESOLVED that the City of Chanhassen hereby dele- gates to the City Attorney's Office the power to enforce provisions of Ordinance NO. 22, relating to Pulbic Nuisances, and direct the City Attorney's Office to enforce said provisions." RESOLUTION 085-31: Councilwoman Watson moved the adoption of a resolution designating to the City Attorney's Office the power to enforce provisions of Ordinance No. 22, relating to Public Nuisances. Resolution seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. CONSENT AGENDA ITEM ~ POSITION DESCRIPTION AND PAY RANGE FOR THE NEW ASSISTANT BUILDING INSPECTOR: Councilwoman Swenson: Will this new building inspector be working under George Donnelly? Don Ashworth: He will be working under George Donnelly. We will have two building ofTicials. Both of them will have the responsibility for some of the nuisance enforcements. They will do the light work and the City Attorney's Office will do the prosecuting. Councilwoman Swenson: I guess that is where I got a little confused because I thought when we approved the addition of this person that the position was not going to be definitely a building inspector, but that the person was going to be sort of an inspector for all things, for instance, the Ordinance No. 22. We have never really had time for anybody to go around and find docks that are illegal and rubbish and all those things that are mentioned. In other words, is this person going to be able to cover other than zoning violations? Council Meeting, June 17, 1985 -14- Don Ashworth: I am worried that we are stretching the individual as it is. First of all, we have been having difficulty in getting applications and people who were qualified. Permits are running twice the rate they were. So the inspection level just for the existing construction, is twice what we anticipated. The Council had asked that the building inspector pick up plumbing, which he is qualified to be now and we would like to see those duties transferred over. But in that process you are transferring $10,000 worth of work over to that division. Zoning is a real problem in the community. You did authorize Roger Knutson's firm for between $3,000 and $4,000 to help that division to be cleaned up. But I won't promise you that this individual is going to be able to take on a lot of miscellaneous assignments. I honestly don't think that there is going to be time to get all of that done. Councilwoman Swenson: So we continue to have ordinances that are not complied with. I understand what you are saying. I was looking and we have almost 80 ordinances on the books and I was reading through them and I thought this is ridiculous. Don Ashworth: I met with Roger Knutson's office. We had the two attorneys who will be doing the work on this clean-up. The question was; what is the scope of the work activities? We set the scope as basically the downtown area and those properties that have continuously been a problem for us. But we didn't extend that to surveying all lots and determining how many RV's are parked in the front yard. You have some of these that, I think, we are going to want to look at as a part of that whole zoning ordinance as well, because I don't know if some of them are valid ordinances or not? Councilwoman Swenson moved to approve the position description and pay range for the new assistant building inspector, Consent Agenda Item 1. E. Motion was seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. Councilman Horn moved to adjourn the meeting. Motion was seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson and Councilman Horn. No negative votes. Motion carried. I I ~ I