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4. Lake Lucy Road Street & Utility Extensionf I MEMORANDUM I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Charles Folch, Director of Public Works /City Engineer DATE: June 6, 1994 SUBJ: Public Hear on Lake Luc Road Street & Utility Extension - Project No. 92 -12 U AJ S ��Ec S This is the public hearing for the Lake Lucy Road Street and Utility Extension Project No. 92 -12. The renewed impetus for this project is the petition /support of this project by the two immediately affected property owners (Jerome Carlson located adjacent to Trunk Highway 41 and the Gestach/Paulson proposed development located immediately east of the referenced Carlson property). The project consists of the construction of Lake Lucy Road from Trunk Highway 41 east approximately 1400 lineal feet as an urban roadway with concrete curb and gutter, storm sewer and trail and the installation of watermain and sanitary sewer. The proposed road alignment for this project has been revised from the two alternative alignments presented in the original feasibility study. The currently proposed alignment would follow more closely with the existing Lake Ann Interceptor easement through the Carlson property and would reduce grading and tree loss impacts from that of the previously presented alignment options. When the first public hearing on this project was held a year ago the Ryans, owners of the property immediately east of the Gestach/Paulson property and west of Galpin Boulevard, raised some concerns for how this road would eventually traverse through their property in the future. At that time the Ryans had not indicated a desire to develop their property. Staff has recently had discussions again with the Ryans as it relates to this project. While they have not indicated a desire to develop the property at this time, they have had a concept subdivision plan prepared for the purpose of determining an appropriate alignment for the future extension of Lake Lucy Road through their property. This concept subdivision plan has not yet had staff and/or planning commission review. The concept plan depicts a`northerly alignment for Lake Lucy Road while the original feasibility study depicted an alignment bisecting the Ryan property. In either case, the touchdown point should be at the current intersection of Galpin Boulevard and Lake Lucy Road. Don Ashworth June 6, 1994 Page 2 Given the time of year that it is now in relation to the normal construction season window and ' the fact that it will likely be some time before the road alignment issues through the Ryan property will be worked out, Gestach and Paulson are proposing to plat the easterly portion of their property adjacent to the Ryan property as an outlot. The City's road improvement project ' would cease approximately 400 feet west of the Ryan property thus allowing the flexibility to adjust the road alignment into the Ryan property at whichever future alignment is chosen. In this manner, the currently proposed project can proceed and be completed without eliminating either of the two alignment options currently on the table for the roadway through the Ryan property. ' The total project cost for the said improvements is estimated to be approximately $526,000 and is proposed to be financed through a combination of State - Aid/local funds and special assessments to benefitting properties. At the close of the public hearing, if there are no relevant questions or concerns which would require further investigation and response, it would be recommended that the City Council approve the supplemental report to the feasibility study for the Lake Lucy Road Extension Project No. 92 -12 dated May 25, 1994 and authorize Engelhardt & Associates to prepare the project plans and specifications. I ktm ' Attachments: 1. Supplemental Feasibility Report dated May 25, 1994. 2. Affidavit of Mailing of Public Hearing Notice to Property Owners. 3. Public Hearing Notice to the Chanhassen Villager. 4. April 12, 1993 City Council Minutes. gAeng \char1es\cc \1ake1ucy CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on 19 aj the duly qualified and acting Deputy Clerk of the City of Chan- hassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Lo- � L&-�- LA- �rloaA- � c -4 &�-? _ 9-) - /-I to the persons named on attache Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kar n J rgel dt, Deputy Clerk Subscribed and savor to before me this 'Z� d of 19 VICTORIA E. CHURCHILL Notary Pub NOTARY PUBLIC ' MINNMTA F(00 CARVER COUNTY r f I U I May 23, 1994 CITY'OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 I Re: Notice of Public Hearing for the Extension of Phase I Improvements for Lake Lucy Road Project No. 92 -12 ' Dear Property Owner: Notice is hereby given that a public hearing has been scheduled for public discussion on the official mapping and feasibility study for the extension of Phase I improvements to Lake Lucy Road at the City Council's regular meeting on Monday, June 13, 1994 at 7:30 p.m. in the Council Chambers located at City Hall, 690 Coulter Drive. I . e., The project deals with the official mapping of the alignment for the extension of Lake Lucy Road between Trunk Higwhay 41 and County Road 117 (Galpin Boulevard). The proposed Phase I improvements would begin at Trunk Highway 41 and extend east approximately 1300 lineal feet consisting of sanitary sewer, storm sewer, and a urban bituminous roadway section with concrete curb and gutter. Said improvements are proposed to be financed by a combination of State -Aid funds, local funds and special assessments. The total project cost of said improvements is estimated to be approximately $650,000. A copy of the feasibility study showing the project scope and costs is available for review in the Engineering Department Monday through Friday from 8:00 a.m. to 4:30 p.m. Sincerely, CITY OF CHANHASSEN Charles D. Folch, P.E. Director of Public Works /City Engineer CDF:ktm c: Dave Hempel, Assistant City Engineer Mr. Bill Engelhardt, Engelhardt & Associates Mr. Allan Larson, Engelhardt & Associates SAM' & NANCY MANCINO 6620 GALPIN BLVD EXCELSIOR MN 55331 JEROME & LINDA CARLSON 6975 GALPIN LAKE RD EXCELSIOR MN 55331 B KLINGELHUTZ & D GESTACH 8407 GREAT PLAINS BLVD CHANHASSEN MN 55317 LEE PAULSON 8880 WILDWOOD AVENUE PO BOX 754 ST BONIFACIUS MN 55375 EDWARD & MARY RYAN 6730 GALPIN BLVD EXCELSIOR MN 55331 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON THE FEASIBILITY SUTY FOR THE EXTENSION OF PHASE I IMPROVEMENTS FOR LAKE LUCY ROAD ' IMPROVEMENT PROJECT NO. 92 -12 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet in the City Hall Council Chambers located at 690 Coulter Drive on Monday, June 13, 1994 at 7:30 p.m. to consider the feasibility study for the extension of Lake Lucy Road between Trunk Highway 41 and County Road 117 (Galpin Boulevard). The proposed Phase I improvements would begin at Trunk Highway 41 and extend east approximately 1300 lineal feet consisting of sanitary sewer, ' storm sewer, and a urban bituminous roadway section with concrete curb and gutter. Said improvements are proposed to be financed by a combination of State -Aid funds, local ' funds and special assessments. The total project cost of said improvements is estimated to be approximately $650,000. A copy of the feasibility study showing the project scope and costs is available for review in the Engineering Department Monday through Friday from 8:00 a.m. to 4:30 p.m. All persons interested may appear and be heard at said time and place. Charles D. Folch, P.E., Director of Public Works /City Engineer (Publish in the Chanhassen Villager on 6/2/94 and 6/9/94) CHANHASSEN CITY COUNCIL REGULAR MEETING APRIL 12, 1993 Acting Mayor Wing called the meeting to order at 7:30 p.m. COUNCIL MEMBERS PRESENT: Councilman Wing, Councilman Mason, Councilman Senn, Councilwoman Dockendorf and Mayor Chmiel arrived during discussion on item 5. STAFF PRESENT: Todd Gerhardt, Paul Krauss, Charles Folch, Roger Knutson, Tom Chaffee, Todd Hoffman, and Don Ashworth APPROVAL OF AGENDA: Councilman Mason moved, Councilwoman Dockendorf seconded to approve the agenda with the following addition by Councilman Wing: At the end of the regular meeting the Council will be meeting with the City Attorney in a closed session to discuss some proposed litigation. All voted in favor of the agenda as amended and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilwoman Dockendorf moved, Councilman Mason seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: a. Resolution #93 -26: Approve Grant Application to MWCC for 1993 Sanitary Sewer Rehabilitation Program, Project 93 -7. b. Resolution #93 -27: Approve Year End Closings and Transfers. c. Approve Agreement for Vending Priviledges in City Parks, Non - Profit Organizations. d. Approval of Accounts. e. City Council Minutes dated March 22, 1993 Planning Commission Minutes dated March 17, 1993 All voted in favor and the motion carried. VISITOR PRESENTATIONS: None. PUBLIC HEARING: CONTINUE PUBLIC HEARING ON LAKE LUCY ROAD EXTENSION BETWEEN GALPIN_BOULEVARD AND TRUNK HIGHWAY 41; AUTHORIZE PREPARATION OF PLANS AND '11K SPECIFICATIONS. PROJECT 92 -12. Acting Mayor Wing: Item number 2 is a public hearing regarding Lake Lucy Road extension. However, to take any action on this we're going to need 4/5 vote of Council. And because we only have 4, I'm recommending that we alter the agenda accordingly and table this until later in the meeting when we have a full Council that we can take action on it. Councilman Senn: I believe we have to open the public hearing, do we not? 1 n n I I!, 1 J City Council Meeting - Apr""` 12, 1993 Acting Mayor Wing: We will. Roger Knutson: I should just point out. The engineer is recommending tabling. If that's, as he's suggesting, if you agree with his action of tabling it, you ' can table it with a simple majority. Councilman Senn: Since the public hearing was scheduled though, do we not need to still have the public hearing and then table it? Roger Knutson: Sure. You can open the public hearing and then just automatically table it for discussion. ' Acting Mayor Wing: Do we want to take public input tonight on this issue? ' Councilman Senn: I think we want to if it was noticed that way. Charles Folch: Yeah, I'm not sure who's going to be here. Most of the people have contacted me today and mentioned there was no need to attend but certainly ' we could open it up to see if anyone's here to talk about it. Acting Mayor Wing: Well let's then open the public hearing and Charles, if you want to just give us a brief overview and then your recommendation for tabling, and we'll go from there. ' Charles Folch: Basically there really isn't a whole lot of new news to report since we last held the public hearing on March 8th. A lot of the issues that were still open ended last time that we've talked about really haven't been resolved as we hoped they would in this last month. The one piece of question ' that we are able to answer to you tonight was in regards to the 60 foot roadway easement that was granted through the Westside Baptist Church property in favor of the Gestach- Paulson - Klingelhutz property. We were able to obtain a copy of ' the easement document from the property owners. We had Roger take a look at it and basically it's Roger's opinion that this easement, road easement is not specifically stated for public purposes and really it appears that all that can be drawn from it is the intention was to give a road access specifically to the ' Klingelhutz property but that was it. That it was not intended to be a future road or public road access from those types of rights standpoint. Based on that, staff's had contact almost daily over the last few weeks with these ' property owners trying to get.this issue resolved and it doesn't appear that things are coming together very quickly but at this point it's staff's recommendation that we either table this public hearing indefinitely until we ' can resolve some of these issues and come to the table with more of a complete package at that time. Acting Mayor Wing: Even with the recommendation for tabling, this is a public hearing. Is there anybody here tonight to address this issue specifically? I would entertain a motion then. ' Councilman Mason: I would move to close the public hearing. Councilwoman Dockendorf: Second. ' Roger Knutson: I think the motion is to table. Councilman Mason: We don't have to close the public hearing first though? Acting Mayor Wing: A continuation. Continue the public hearing. I'd entertain a motion for tabling on this issue. Councilman Mason: Okay, I'll make a motion to continue it. , Councilwoman Dockendorf: I'll second that one. Acting Mayor Wing: And I believe the motion will be to table indefinitely at , this point on staff recommendation so we won't be setting a date for the continuance at this time. Councilman ' Senn: Charles, do you have any feeling at all for timing on it at all? Charles Folch: This could take a while. Take a while. , Councilman Senn: And the church definitely is now not a participating party? , Charles Folch: Not in the public improvements let's say at this point in time as they once had petitioned for. But in talking to the church, we're really not sure what their intentions are. Whether they intend to develop on the property. ' Whether they intend to sell the property. At this point in time it's really now known. They're not telling us a whole lot. Councilman Senn: Now does this affect any of the proposed development? , Charles Folch: Well at this point in time, it does create an obstacle for the Gestach - Paulson- Klingelhutz property to fully develop their property into a residential subdivision. If they so choose, they could exercise their right to build a private driveway along that 60 foot easement and the ordinance would allow them to build up to 4 homes and have that accessed via the 20 foot , driveway. Councilman Senn: Their limitation is the 4 homes then? ' Charles Folch: At this point in time, right. Unless a public street could be constructed through the property. Councilman Senn: And what was the proposed subdivision size? , Charles Folch: Pardon me? I Councilman Senn: What was the proposed subdivision size? Charles Folch: I think there was something like 17 or 18 lots subdivision. ' Acting Mayor Wing: We have a motion to table this indefinitely. I'll call the motion. ' City Council Meeting - Aprt.'� 12, 1993 Councilman Mason move d, Councilwoman [,ckendorf seconded to table the public hearing on Project 92 -12, the Lake Lucy Road extension between Galpin Boulevard and Trunk Highway 41 indefinitely. All voted in favor and the motion carried. AWARD OF BIDS: RAILROAD GRADING CROSSING TRUNK HIGHWAY 101 REALIGNMENT (NORTH ( LEG), PROJECT 88- 22B -1: L � Charles Folch: This morning at 11:00 a.m. the City received and opened bids for the railroad grade crossing portion of the Trunk Highway 101 north leg improvement project #88 -22B. A total of two bids were received from the project, both coming from local established contractors. Just to your note, there is a very limited number of contractors nationally that are able to, that are qualified to perform this kind of work and it appears that the brief bidding time schedule that we had and the fact that it's a relatively a small scale type project may have played a part in these national contractors from taking interest in this project. But as I mentioned we did receive two bids. The low bid was received from George F. Cook Construction Company located in Minneapolis with a bid of $326,245.00. I should point out that back in 1990 when the Soo Line had owned the railroad track, we had entered into an agreement to have the Soo Line construct these crossings and their estimate or the contract amount that we had entered into with the Soo Line was $328,000.00 roughly $200.00. So the bid we did receive today was about $2,000.00 under that. We have made a ' reference check of this company this afternoon with the Burlington Railroad and with the Twin Cities and Western Railroad_ We received favorable responses on both those reference checks and at this point in time staff would recommend that the City Council award the railroad grade crossing contract for the Trunk Highway 101 north leg project to George F. Cook Construction Company in the contract amount of $326,245.00. Acting Mayor Wing: Just in the process here, could you just real quickly describe it. Are we talking arms and the whole works? ' Charles Folch: Basically the work will involve constructing the rubberized grade crossing. It will also involve constructing the crossing arm guards. The controller for the crossing, which will be integrated with the signal system ' that will be installed both at TH 5 and at the intersection of West 78th and TH 101. And there will also be some early detection devices put up upstream or uptrack, if you will on both ends of the crossing. ' Councilman Senn: Now this is separate contract from the rest of the intersection improvements? ' Charles Folch: That's correct. This is a separate contract. It's sort of a specialized work. If things would have worked out differently with Twin Cities and Western Railroad, we may have attempted to bid this under the original, the ' overall road improvement contract but unfortunately those two design phases weren't tracking compatibly because we were still working out some details with the Twin Cities and Western Railroad who had just taken over the tracks and we were trying to get them up to speed as to what had been done with the Soo Line Railroad previously and such. So unfortunately they weren't bid all together but I'm not sure in this case that it would have made any difference because, as I said, there's about a dozen specialized firms that across the country that can w 4