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1980 08 25 I I I SPECIAL CHANHASSEN CITY COUNCIL MEEI'ING AUGUST 25, 1980 Mayor Hobbs called the meetiIB to order at 6:30 p.m. with the follCMing manbers present: Councilmen Pearson, Neveaux, Geving, and Swenson. HOIASEK DISEASED TREE UTILIZATION PROPŒAL, CONDITIONAL USE PERMIT, REY;:2UEST FOR RECONSIDERATION: Earl Holasek, Pat: Murphy, Carver County Public Works Director, Paul Waldron, Carver County Zoning Office, and many area residents were present. Craig Mertz, Assistant City Attorney, reviewed. the sections of the Zoning Ordinance which could be used to allow the chippiIB operation. Pat Murphy discussed the questions raised at the PlanniIB Conmission, i. e.noise, r:ollution, and traffic. Mr. Sandberg, PCA, answered questions and discussed the various burn sites in the metror:oli tan area. Councilman Geving moved to table action to later in the eveniIB. Motion seconded by Councilman Pearson. The followiIB voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, GeviIB, and Swenson. 1:\0 negative votes. M::>tion carried. PUBLIC ASSESSMENT HEARING SOUTH I.D'IUS IAKE DRAINAGE IMPRCJVEII1ENT PROJECT 78-1 Mayor Hobbs called the hearing to order at 8:15 p.m. The follCMing interested persons were present: Mrs. George Shorba, 306 Chan ViEW Mrs. Norbert Jacques, 308 Chan ViEW Mrs. Donald Schnieg, 200 West 77th Street Mr. and Mrs. Clark Horn, 7608 Erie Sharon Gagnon, 7508 Erie Mr. and Mrs. CUrtis Huovie, 7381 IoIB View Circle Michael Baker, 500 Del Rio Drive Tan Pzynski, 7340 Frontier Trail William MCNamara, 402 Del Rio Drive Michael Saunders, 411 Del Rio Drive D. J. Zaborsky, 413 Del Rio Drive Joan Townsend, 505 Laredo Lane Bob Halverson, 511 Laredo Lane George and Dianne priedi tis, 7401 Frontier Trail H. Swanson, 401 Del Rio Drive Hubert Forcier, 7500 Frontier Trail Chuck Naber, 409 Del Rio Drive C. Peter Linsrnayer, 7421 Frontier Trail Bob Robinett, 401 Cimarron Circle Ted deIancey, 7505 Frontier Trail Frank Krejca, 7404 Frontier Trail Jack Roberts 511 Del Rio Drive David Almick, 7550 Great Plains Blvd. 'Ibm McCarthy, 7404 Laredo Drive Dick Sparks, 407 Santa Fe Trail Vern Zetah, 7500 Erie The Council waived the reading of the official notice of the public hearing. Jim Orr and Dale Campbell presented the actual total costs of the project and general methodology of the assessments. The meetiIB was then opened for questions fran those in attendance. Jim Orr explained that Lots 1 - 7, Block 5, St. Hubertus, and tfiewesterly r:ortion of the David. Morrow and Walter Hanson properties should be deleted from the pror:osed assessment roll as ~thesè propertiesnto ndt drain into the project area. Council Meeting August 25, 1980 -2- George prieditis - I would just like a little information on $13,699 spent for staking am inspection. Jim Orr - This was the actual cost for stakin::j and inspection. That is norrnally charged at an hourly basis for whatever time is involved. The stakin::j is providin::j survey stakes for wherever work is goiYB to be done as the contractor needs thEm. Inspection is essentially inspection of the work by the contractor. Monitoring quantities and essentially quality control on the project. Mayor Hobbs - We have not reviewed those costs, we do have thEm i tEffiized. I think we can sit dONn and do that. Councilman Neveaux - How many days were involved in actual construction where you were there? J:im Orr - The City does have a detailed breakdown of that. I Pete Linsmayer - On your assessment roll you also include lot 12. My understamiIB was that Lot 12 was not goin::j to be a part of that assessment. Is this goiIB to be essentially the last meetin::j involving lot 12? I am concerned about one other thin::j that we have talked about many, many times in the past and that on the maintenance contract. Russell Larson - I remEmber sane discussions on tha t but I don't know that there was anything ever finalized unless it's in the eaSEment. I think the eaSEment is silent on that. Mayor Hobbs - I think is would be incumbent ur:on the City to maintain it. If the lot 12 hornea.vners would feel more comfortable by asking for sane kind of a maintenance agreEment I think it could be handled as a separa te item. Pete Linsrnayer - I think we would feel more comfortable because you gentlemen are not going to be on that board forever. Russell Larson - I am afraid that that might be establishing a very dangerous precedent for this City because we have a great number of drainage areas that we nCM serve and maintain. To have a private agreement with the lot 12 property owners would, in my view, create a can of worms fran which the City might never be able to extrica te itself. Pete LinSIlB.yer - I do want time to discuss this with the City Council. I Chuck Naber - Apparently this problem exists because the original developer didn't really provide proper drainage and this wasn't discovered until a later t:ime. If the job had been done right the first place we wouldn't be facèd with this problem today. Mayor Hobbs - At sane r:oint in t:ime in the past had it been done, you would not be faced with the problem. Chuck Naber - Are we sure it r s done right this time or are a few years dCMn the road will we be faced with another problem with drainage? Mayor Hobbs - You never know, depeming on what's goiIB to happen to the topography. I would say this, that if it's not right the Department of Natural Resources has said it's right, the engineer has said it's right, the Soil and Water Conservation District has said it's right. Ted deLancey - On July 24, 1978, a public hearing was held and described the project costs as $59,000. We are caning in approx:imately double that cost. At what point do you reconvene am say we have missed I our projection costs, bring the people back? Russell Larson - That hearing was the last one. There is no statuatory lan::juage which requires a city to call a new public hearing in the event the estimated costs are expected to rise over a certain percentage. The only thing that a council has to do is to adopt a resolution authorizing the project within one year follCMing the public I I I Coun:::il Meeting August 25, 1980 -3- hearing. Jim Orr - The original public hearing did indicate an assessment rate per square foot thaes very similar to what is being pror:osed here. Russell Larson - The one significant change, as I recall, was that there was a change in the watershed district engineering specifications with respect to the channelization of that and a heavier much mat of rock had to be put dCMn at their direction. Otherwise it would not have been approved nor would we have been allowed to go forward with the project. I think that's where the significant increase lies. Clark Horn - My cost was doubled also and I don't know whether it was a result of one scope change or two scope changes. First of all we were only going to pay for the retention r:ond. I think that started something like three years ago with the road project and at that time we were told that we were going to pay a rate approximately half of what we have now. Later we were told that we would get sane benefits and sane fundiYB if we put it into an overall proj ect and the feasibility was ordered and then we were told at that time we would save money. NCM that we have our assessment hearing what weare findiIB out is that the cost actually doubled fran what the original estimate was. Judy Schmieg - On that project, that storm sewer that they put in a couple of years ago, we got assessed for Drainage Area A and Drainage Area B storm sewer. This is the same water just another assessment? Is that all it is? Mayor Hobbs - That's a question we should check out. Judy Schmieg - Can you change it to five year payment versus two year payment? Mayor Hobbs - That's scrnething that the Council will have to set. Sharon Gagnon - When I called about our assessment I was told it was by square footage. HCMever, three years ago when Erie Avenue became a street, a 50 foot wide street, 44 feet of that came frcrn my front yard but I am being assessed for this along with it. I don't feel that's fair. I have given you the land but I don't feel I should have to pay an assessment nCM for that. When they told me what the length and width of my lot was that included that street in front of me and that does not belong to me any more. Michael Saunders - Has this problem of drainage been there all the time or is ita problEm that arisen over a number of years. Mayor Hobbs - There has always been drainage to the lake. . As rrore am more property developed the drainage became more and more severe. Michael Saunders - I believe in the street I live in there is a storm sewer runs in the back yards which was paid for by the original people who put in those houses and it was adequate. You are telling me that the problem has increased because of other developnent in the City and rny basic question is why are we being assessed for that problem? Jim Orr - The improvements that we are talking about are on the lower end of the watershed. Everything within the yellow area on the map run through one of the three improvEment areas and this is an erosion prevention type project. The erosion through developnent, through the increase in hard surface area has increased and this proj ect is preventing further erosion and correcting some of the washouts that have occurred. Basically, everythiIB wi thin the yellow area does run through there even though you may have a pipe in your own particular neighborhood. Hubert SWanson - I feel the same way as Mr. Saunders. Mayor Hobbs - It depem.s on where that SEWer ended. If you paid for SEWer that took Council Meeting August 25, 1980 -4- the water right off your lot all the way to Lotus Lake, I would agree with you. Hubert Swanson - I was the first one to build on Del Rio and I figured the price was in the price of my lot when I bought it. J\fC:M I have got to pay again and it just don't seem right. I Pete Linsrnayer - Are we in fact assessing Lot 12? Mayor Hobbs - I umers tam we are. Pete Linsrnayer - That's a direct difference in opinion from originally when we granted the eaSEment for this proj ect to go through it was granted at no cost. We were not to be charged. Mayor Hobbs -As of ncw you are being assessed. Bob Halverson - Why was this not assessed when I bought my house? Mayor Hobbs - I can't answer that. It could have been done a fEW years ago. It's not a problem that's been unknown. Sharon Gagnon - A search was done on our property at the time I purchased the land this pendiIB shJuld have been put on that search. Am I correct? Russell Larson - When did you buy the property? Sharon Gagnon - February 1978. Russell Larson - In June of 1978 the first public heariIB was held and the project was not authorized until after you acquired the property. Once the project is authorized then it becanes a pending assessment. Jack Roberts - We have lived here since June II, 1979. It is very interestin:J to hear June 1978. If that was a pending assessment, advise me briefly if you can, should that not have been listed on the papers I that I have when I purchased my hane June II, 1979, as a pending assessnent? Somebody as the real estate office scrEWed up. Russell Larson - That may well have happened. Did they seek a special assessment search for you? Jack Roberts - I assume they did. I think sc:me lessons should have been learned that you can't take two years to finish a proj ect and not expect the costs to go up. Russell Larson - I want to correct two r:oints. The public hearing on the project as approved was held on June II, 1979, not 1978. A year had gone by am we had recæmended that a nEW public hearing be held and the estimated cost in the hearin::j notice was $96,000. Mr. Linsrnayer asked the question about maintenance. I checked the easement and he is correct except that we will maintain it in accordance with standards specified by the Soil Conservation Service. Just the eaSEment area. Dave Almick - The first meeting I ever attended on this when I first moved in here which was arou t l~ years ago am at that r:oint I was under the assumption that it would run about $300. Then when I received a $1200 assessment I became concerned. You were talking about lot 12 and I am concerned about that because I am an owner in lot 12. If Lot 12 is assessed, why is not Lot 21 assessed? A year ago before the project started the width of the drainage through lot 12 I might have been 20-25 feet ncw it's about 40 feet. In lookin::j at the original easement very easily, sneakily or hCMever it was never put in there arout a width of the easement. The eaSEment could very well become in the future, any more developtlents like this, lot 12 becomes null m1d void to anybody, it's all eaSEment. We are going to have to come to sane conclusion about the width of the eaSEment. I I I Council Meeting August 25, 1980 ~5- Russell Larson - The drainageway easement extends over the entirety of lot 12. The drainageway doesn I t extend over the entirety of lot 12 but the storrn sewer drainageway is what you see there. This is what the owners agreed to when I negotiated with thEm. Jim Orr - A r:ortion of lot 21 does not drain directly into the improvEments. Sane of that drains directly into the lake. Tan Pzynski - When all this new developnent was put in, why wasn't a new storm drainage systEm put in for the western section. ~Vhy was it all added into the existing storm drainage systEm canr:ounding the problEm? Mayor Hobbs - By reason of topography, which way the land slopes. There is not a lot you can do about that. Russell Larson - Anyone who wishes to appeal this assessment to the District Court must file with the presidiIB officer (Mayor) a written objection to the proposed assessment at the time of the hearing or prior to. The Council has two choices with respect to this public hearing, ei ther to continue it or to close it tonight. We have a critical deadline to meet because these assessments have to be certified to the County Auditor by October 10 and we have to give the property owners a 30 day period of time after the adoption of the resolution approving the assessment roll as it may be amended. We must give them 30 days time in \-lhich to pay that assessment without any interest. We are reconmending that the Council close -the public heariIB tonight and then take up the matter of the written objections that have been received up through tonight. Mayor Hobbs - I VJOuld recomnend that if you haveahy questions at all concerning your assessment, put it in the form of a hand written appeal. Then you are on record. We will go through them on Septernber 8. Councilman Pearson moved to close the public heariIB am table action on the adoption of the assessment roll to September 8, 1980. Motion seconded by Councilman Geving. The follCMing voted in favor: Mayor Hobbs, Councilrnen Pearson, Neveaux, Geving, and Swenson. No negative votes. HeariIB closed at 9:35 p.m. PUBLIC HEARING BANDIMERE HEIGHTS SEWER AND STREET PROJECT Mayor Hobbs called the hearing to order with the following persons present: Cecil Waller, 600 West 94th Street Mr. and Mrs. Robert Eichholt, 9380 Kiowa Trail Mr. and Mrs. Art Bandimere, 9405 Great Plains Blvd. Del Bandimere, 1547 Coon Rapids Blvd., Coon Rapids The Council waived the reading of the official notice of the public hearing. Jim Orr and Dale Campbell presented the actual costs of the project and general methodology of the assessments. The meeting was then opened for questions from those in attendance. A question was raised as to why the Heille' s and pernrick' s were not assessed with this proj ect. The Engineer explained that they were assessed with a previous SEWer project. The City Attorney explained how people can appeal their assessments. The Council will act on the written appeals on September 8. Councilman Neveaux moved to close the public hearing an::l table action on the adoption of the assessment roll to September 8, 1980. Motion seconded by Councilman Pearson. Council Meeting August 25, 1980 -6- The following voted in favor : Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, am Swenson. No negative votes. Hearing closed. PUBLIC HEARING HIGHWAY 5 FRONTAGE ROAD AND DAKOTA WIDENING Mayor Hobbs called the hearing to order with the following interested persons present: Al Neumann, 8023 Erie Avenue W. H. Rothe, Jr., 8025 Erie Robert M. Peterson, 8008 Dakota Mel Lenand.er, 8103 Dakota Lane Henry K. Atwood, 8007 Dakota Circle Donald G. White, 8104 Dakota Lane Robert Hurd, 8052 Erie Spur Richard Donnay, 8109 Dakota Lane Dennis loechler, 8028 Erie Eugene Gagner, 8025 Dakota Ronald B. French, 8023 Dakota Michael Murphy, 8021 Cheyenne Spur Kei th Boudrie, 8042 Cheyenne Chuck Koivisto, 8106 Dakota Lane Alex KreIBel, 8009 Cheyenne Robert J. Cicigoi, 8049 Cheyenne Dorothy and Malcolm Small, 8043 Erie William R. Johnson, 8005 Cheyenne Conrad Fiskness, 8033 Cheyenne Merlyn Johnson, 8054 Erie Spur Joe Betz, 8107 Dakota Lane Ray Jezierski, SOl3 Dakota Circle Paul Stram, MTS Systems The Council waived the reading of the official notice of the public hearing. Jim Orr and Dale Campbell presented the actual total costs of the project and. general methodology of the assessments. The meeting was then opened for questions from those in attendance. I I Paul Strand - Since the subject of the number of acres has been discussed, our position is that it should be more like 20 acres. We believe that the 32 acres is an arbitrary number. We have asked a number of times to have the engineer tell us where the 32 or the 38.6 acres came from and we have never received a drawiIB or anything that would ind.icate what acres are in the 32. It is our position that the street right-of-way should be excluded and also, if you recall as we were going through the PUD approval process, there is some low land on the southwest corner of the property which, all indications are, that the City would like to have deeded to the City, we believe that should be excluded. In addition we believe that the easterly line, the yellow line shCMn on the drawing, is farther east than we intend to develop initially. Further, we have another point of contention, we believe that OUtlot 2 of Chanhassen I Estates should receive some of the signalization cost and some of the Dakota Avenue improvEment cost. Jim Orr - I would suggest we meet and go over the calculation of the acreage figures prior to the meeting SeptEmber 8th. Michael Murphy - I am the President of CERA. We have several questions regardin::j the numbers you just went over. First of all, you said that this I I I Council Meetin] August 25, 1980 -7- $7. Ol per trip includes the cost of the light as well as widening of Dakota. What is that breakdown? How much is the light and how much is Dakota? Jim Orr - The signalization is $4,450.85. Michael Murphy - Could I ask for the rat.iòna.leof why Chanhassen Estates residents and Chanhassen Estates 2nd Addition are being assessed for Dakota? The City and CERA have worked for a number of years trying to get a light at that intersection am everyone in the subdivision is happy and we are more than williIB to pay for an assessment on the light. The problem we have is that a few years ago and again last year, due to the MIS project and strictly due to the rvrI'S project, it was decided that the traffic camI'B from MTS, down that service road, was going to cause a need for wideniIB of Dakota and MTS said that that would be absorbed by them as well as the station and sane of the other properties. The residents of Chanhassen Estates were not benefittiIB fran that widening. Right not we do not need that wider street. We did not need it a year ago. All we need is the light and we are more than willing to pay an assessment on the light. We are here to talk against the assessment on the widening of Dakota. Paul Strand - From a praètical standpoint that's the way it should be, the widening should go scmeplace else, Outlot 2, the gas station, and MrS. Kei th Boudrie - Our argument is, we are not against the traffic light. We hold no grudges of the assessment for the traffic light. Our canplaint and request is only that we Chanhassen Estates residents in no way benefit fran the widening of that street. We were doing fine without it. The traffic light works very effectively. It does not cause cOIBestion. Mayor Hobbs - We will set that r:olicy when we meet SeptEmber 8. It would be my feeling that with Mr. Strand's canment, we would probably amend the roll to reflect the street widening back against tlx:>se properties right along Dakota. Russell Larson - It would be appropriate, in view of what I have heard tonight, to accept a written obj ection on behalf of all homes in various Chanhassen Estates Additions executed by the appropriate officer of their association. I guess that judgment call is on the City. Councilman Neveaux moved to close the public heariIB and table action on the adoption of the assessment roll to SeptEmber 8, 1980. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and SWenson. :No negative votes. Hearin] closed at 10:15 p.m. PUBLIC HEARING NORTH IAKE SUSAN SEWER, WATER, STREET, AND S'IORM SEWER PROJECT Mayor Hobbs called the hearing to order with the follCMing interested persons present: Bruce Paterson Julius C. Smith Ed Dunn B. C. "Jim" Burdick WIl. J. Ward Jercme Raidt Jim Orr am Dale Campbell presented the actual total costs of the proj ect am general methodology of the assessments. The hearing was then opened for questions frcm those in attendance. Council MeetiIB August 25, 1980 -8- Jerome Raidt, Attorney for Martin Ward - Our grant of eaSEment to the City contained language that as additional consideration the City would defer the levy of the assessments subj ect to three thiIBS: (1) Develoµnent. I (2) When the prEmises were sold, or (3) Upon the death of Mr. Ward. Any assessment would have to carry through on the contract that we have. We further request that you would defer the interest. Russell Larson - We have a contract with Martin Ward and his representatives that as a part of the grant of that eaSEment that the Council would defer the assessments subject to those conditions that Mr. Raidt spelled out. No appeal needs be filed unless he questions the amount of the assessment. It is up to the Council whether they wish to require the interest to be paid annually or deferred. Nothing is forgiven. This easement acquisition was subnitted to the Council for its approval. Julius Smith - As you know alrrDst all of this proj ect is subj ect to an agreement between the City of Chanhassen and Dunn and CUrry and since it is a total of $3,300,000 like an opr:ortunity to go over it and work out the canputations and would therefore, like to ask the Council to continue this hearirrj so that we would have a chance to go over these figures am check scme things out with the EIBineer. We understand that there are time deadlines. We do have scme written objections in a general nature. Councilman Gevirrj l1Pved to continue the hearing to September 8, 1980 at 7: 00 p.m. M::>tion seconded by CounciJrnan Neveaux. The follCMing voted in favor: Mayor I Hobbs, Councilmen Pearson, Neveaux, Gevin::j, am Swenson. No negative votes. Hearing continued at 10:45 p.m. HOIASEK DISEASED TREE UTILIZATION PROPOSAL, CONDITIONAL USE PERMIT: Councilman Neveaux moved to consider this application under Section 23, subsection 23.01, 2 and 5 of the Zoning Ordinance. Motion seconded by CounciJrnan Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Swenson. CounciJrnan Geving voted no. Motion carried. Councilman Neveaux moved to approve the Holasek Conditional Use Permit as outlined with the conditions as discusse:l by the Council this evening under Section 23, and 1. 6. further con::litioned ur:on review of the final draft of the conditional use permit. That Carver County will include in its contract with Mr. Holasek a provision that recognizing the conditional use permit and making conforrnance to it a contract requirement. No retail sale of disposed material at the site be permitted. That Mr. Holasek agrees to periodic pick up of tree dèbris along County Road 117 south of Highway 5 incidental to the facility. That the City of Chanhassen reserves right to establish a permit system for tree haulers to assure that their loads are controlled so as not to scatter tree dèbris along roads and streets of the City. In the event the City does es tablish such a perrni t sys tErn, Mr. Holasek wi II honor the perrni t sys tEm by not accepting loads frcm unpermitted haulers. The City will provide a 30 day notice prior to adopting such a permit system. I Chipping, sawing, splitting or moving of material take place between the hours of 8:00 a.m. to 4:30 p.m., ìJbnc1ay through Friday exclusive of holidays. That the applicant furnish the City appropriate boiler Emissions permits fran the Minnesota Pollution Control Agency, and adheres to such permit at all t:imes. That the operation shall be confined to the area shown on the site plan subnitted by Mr. Holasek dated August 25, 1980, and referred to as Exhibit A. 2. 3. 4. 5. 7. I I 1 Council Meeting August 25, 1980 -9- 8. That no vehicular storage of material awaiting chipping or wood chips be allowed on the site. 9. That no waste other than trees shall be accepted at the site. 10. That all wood awaiting to be chipped will be rendered wood pest free within five days after delivery to the site. The City Forester will inspect the site daily. II. No open burning be allowed on the site. Excess material generated by the chipping opera tion shall be disr:osed of by another method. 12. That the applicant provide an irrevocable letter of credit or some form of cash der:osi t, to be approved by staff, that will assure the carrying out of periodic inspections for sanitation and compliance to permit and also to assure that compliance may be carried out by the City, if necessary. 13. That the subject permit is reviewable at any time but not less than once a year and/or ur:on documented violation of the permit. It is understood that inspection of the site may be at any time without previous notification. 14. That when the stock pile of wood chips exceeds 8,000 tons at any one time as determined by the city engineer, all deliveries be limited to trees felled within Carver County. 15. That the receipt of trees shall be limited between 8:00 a.m. am 4:30 p.m., Monday through Friday, and from 8: 00 a.m. to Noon on Saturdays exclusive of holidays duriIB the rocmths of May through SEptEmber and that receipt of tree waste will be lirni ted to between the hours of 8: 00 a. m. and 4: 00 p. m. the rEmainder of the year. 16. For the life of the permit, trees felled in the City of Chanhassen will be accepted by Mr. Holasek on a no fee basis. 17. Costs of installation of this operation and/or contractual agreEments with the County notwithstanding, any violation of this perrni t will be reason for imnediate withdraw 1. M::>tion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, CounciJmen Pearson, Neveaux, Geving, and Swenson. J\b negative votes. Motion carried. CounciJman Geving moved to adjourn. M::>tion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and SWenson. J\b negative votes. MeetiIB adjourned at 12:30 a.m. Don Ashworth Ci ty Manager