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1978 03 14 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING MARCH 14, 1978 PUBLIC HEARING PROPOSED NORTH LAKE SUSAN SANITARY SE~ŒR,WATER, STREET, AND STORM SEWER IMPROVEMENT PROJECT 78-3 Mayor Hobbs called the hearing to order at 7:55 p.m. with the following members present: Councilmen Geving and Waritz. Councilmen Pearson and Neveaux were absent. The following interested persons were present: Mr. and Mrs. Victor Schmieg, Box 42, Hackensack, MN Dave Appelhof, Animal Fair Robert MacDonald, Animal Fair Charles Towle, Strong Towle¡' Inc. Don Wisniewski, Carver County Courthouse Bill Engelhardt¡Schoelland Madso~ Ed Dunn, Dunn and Curry Julius C. Smith, 7101 York Ave. So., Mpls. Martin Ward Russell Larson Al Klingelhutz, 8601 Great p'lains Blvd., Chanhassen Craig Mertz Jerry Schlenk Bob Waibel The official notice was published in the Carver County Herald on March 1 and March 8, 1978, and notices were mailed to property owners who may be potentially assessed for the improvements. Bill Brezinsky, City Engineer, gave the presentation of the Feasibility Study prepared by Schoell and Madson and dated'February 1978 and as updated through the project map noted as Exhibit A dated March 14, 1978, and on file in the city clerk's office and through the cost estimates as presented in Exhibit B dated March 14, 1978, and on file in the city clerk's office. Written: comments have been' received from,B.'Q..:Burdick, Riley Purgatory Creek Watershed District and the Chanhassen Planning Commission. These letters are on file in the office of the city clerk. The hearing was opened for comments and questions from the floor. Victor Schmieg - When is this project going to be started? Bill Brezinsky - If the projeet was authorized by the Council the first part of April, we would have plans ready by the end of r.~ay to submit 'back to the Council for their approval and authorization to get bids. We would go out for bids, probably received in mid-June and we would expect construction to begin shortly after the bids are taken. It would be toward the end of June. Victor Schmieg - That is on the watermains or the road or what? Bill Brezinsky - It would not include County Road 17. That isn't a part of this project. The first phase of the project we would expect to be construction of this watermain connection in West 78th Street._ That is the first thing that would be done. Don Ashworth - You shöuld note that as part of the project though, would be acquisition of right-of-way for new County Road 17. Don Wisiniewski is here from the county Council Meeting March 14, 1978' -2- if anyone has questions as far as when they may propose to start that road, etc. Ed Dunn - I have a few points I would like to make. We should start looking at the fact that the traffic study also ignored any road connections of any kind ±o old County Road 17 and there are two clearly shown. Whether they will prove workable or not maybe is open to question but they appear to be feasible. We have existing access on Highway 5, depending on whether we can or should I haven't conceded in my own mind, necessarily will that not be an access there. There are two existing accesses near that point and I think it's approximately across from the access to the park (Lake Ann Park). That at least should be a considaration in the traffic study. Could the owners, most of whom I think are represented here, have copies of that summary schedule so we all have the same sheet to work from. Bill Brezinsky - Yes. Ed Dunn - There hasn't been any comment and I realize that the decision will be made at an assessment hearing but I would comment on the range of provisions that could be made for the payment of 'these :assessments. Iunderstand that you are not going to know that for certain until you have had your hearings but some of the people would probably be interested in that including myself. In connection with the taking of right-of-way, the owners of the property would be assessed back for the cost of the improvement, would be selling that right-of-way under acquisition to the County. Is that correct? Bill Brezinsky - Yes. Mayor Hobbs - I think other than asking for copies which we will see that you can get and asking about spreading the cost, mostof'your other comments were statements. You are right Mr. Dunn, the assessment hearing would determine the amount of time that the city council would allow the assessments to be spread. I suppose if the project were authorized, we would have to consult with our fiscal agent and look at bond interest rates, that type of thing. However, as I am sure you are aware normally industrial type assessments are not spread as long as residential assessments if that gives you any guide. Ed Dunn - But there would probably be some term of payment different from cash. Mayor Hobbs - I am sure there would. Charles Towle - lam not directly affected by the proceedings. I have property directly across the street and I would like to speak as an interested taxpayer in the community. It appears to be an excellent project. I think it would be an excellent addition for Chanhassen. This is really the first I have had a chance to be exposed to it and the city should be complimented. I I I I I I Council Meeting March 14, 1978 -3- Dave Appelhof - I would like to offer for the official record a letter which is submitted by Animal Fair. My name is Dave Appelhof. with me is Bob MacDonald one of the owners of Animal Fair. I am the Chief Operating Officer of Animal Fair. This letter basically says several things. It really highlights who we are. It tells how we have developed as a company and many of the benefits that we offertQ Chan'haSsen which we feel some of them are; we give you national recognition in relation to our product tags that we have on the product and also in our national advertising our home is Chanhassen. Our national TV appearances of some of our characters such as Big Foot which are planning i~ coming up this fall, our packaging and basically our product on the retail shelves across the country which again bears the tag of Animal Fair of Chanhassen, Minnesota. As a member of the Chanhassen community Animal Fair provides several things. One of which, it provides industrial tax base. We presently have 80 employees in which we are an expanding company and again these 80 employees will grow up to somewhere over 100 to 150. We provide a very clean,highly desirable type of industry. It is a very low pollutant typè of industry that we operate. We are basically designing a building'which has been through the various stages of the Planning Commission which basically is in very much'agreement to their topographical and component planning which they have setforth. We would like you, as a Council, to know that we want to remain in Chanhassen. We strongly want to remain in Chanhassen. Our present lease expires this summer. Our plans have been submitted to the Planning Commission and our architectural drawings are being completed for an anticipated May 1st ground breaking. We really, at Animal Fair as for your support in the rezoning, subdivision and public utility requirements necessary to obtain a building permit so that we can begin construction on bur new Chanhassen home and have completion and occupancy by October 1st. Thank you. Al Klingelhutz - I am a'member of the Chanhassen Chamber of Commerce. We have discussed' this somewhat at the Chamber. Not to the extent of the costs of the utilities or the roads going in, but the Chamber hàs expressed that there is much hope and desire that Animal Fair stay within the boundaries of Chanhassen. I will be presenting part of this to the Chamber next Tuesday and will try to get an opinion to you as soon as possible. Martin Ward - I don't have a question at the moment. This is my first exposure to any of the details while this thing, I know, been in existance here since 1971 and I have had connection with. it, more or less, with Mr. Dunn. It comes as somewhat of a surprise tome tonight and frankly I just can't follow the engineer's rapid explanation from the map. I would like'to have an opportunity to study it Council Meeting March 14, 1978 -4- especially having a map before me. The lqst speaker will remember that the last time I,was before the board on a matter similar to this we just had some little 8 x 12 drawings which remained in the Council Chamber and every time we wanted to discuss something we had to come out here and go into the Council Chamber and look at it. I wonder if there is any possibility, in addition to the previous exhibit, if we can have a copy of the larger exhibit that he has been using in his talk. For example, I want to discuss this thing at some length,if I am given time,with Mr. Dunn. I can see from here for example, a sizable piece of severance on my, land. Mayor Hobbs - How do you define severance, Mr. Ward? Martin Ward - The yellow line that you see in the far extreme piece of land there severs that large portion of my land. Mayor Hobbs - In terms of making one or the other parcels unusable? Martin Ward - Yes. Mayor Hobbs - Or making it unusable as a whole? Martin Ward - Making the parcel as a whole unusable as a whole parcel is today. It's severed on the general east and west line and goes to another east and west line which I assume is Highway 5. I realize the engineer said that the topography of that line might be changed. However it's changed if it's followed in its general direction now there will be severance. It is a little hard to discuss severance without having a line or a map or photograph. The only map I have seen is this small, I take it it's a, it's a, I don't know what you call it Russell Larson - It's a feasibility study. Martin Ward - I know what the study is but I am talking about the map. It's a little hard for me to use that and discuss this matter. The only thing that I have learned in the last day that I have been talking about this because I was not at the Planning Commission hearing, is that there is a suggested cost,so far as I the owner of the farthest east piece there, of something in excess of a quarter of a million dollars assessment and I would like to at least have an opportunity to figure out in the discussions with the proposers of this whether or not that could be changed in some way. It seems to me it's sizable I realize that Mr. Dunn could pay that tomorrow in cash if he had as he suggested but I don't think I could make it tomorrow. By the way, in the sheet that I saw ,that on, again I happen to be the highest assessed taxpayer if that assessment goes through. I realize that's in the future sometime but I am giving you this as the reasons why I would like to study this and discuss it. If the Council is intending to proceed forthwith to either adopt or reject the proposal or the petition or whatever the form is, I would like to be given some time. I am not asking for any elaborate time but I do think that in a matter of this size, a quarter million dollars worth of assessments facing me, either that or just abandon the property, I think that I should be allowed to have some time to discuss it with engineers and appraisers and SO on. Also, I should like to have I I I I I I Council Meeting March 14, 1978 -5- these details, I realize the details are in here but they are not really available tome, here in the Chamber to 'discuss them with anybody. I am perfectly willing to pay the cost of getting a copy of them. I would like to have the Council tell me that I would have some time to discuss this thing. Mayor Hobbs - I think first of all Bill, we could get a map similar to this one. How many acres do you have on that parcel? Martin Ward - Seventy-seven and a half ,now tha.t, 5 was carved out of the north part of my land. It started out to be two 40's on end. Mayor Hobbs - I am a little confused on severance. Martin Ward - That all depends where it is and what is on either side of it. For example, if that were divided right in the middle there would 'Þewhat's left of the north 40 and whatl's left of the south 40. Sure it would be severed but it wouldn't be damaging. I also own, I think, I probably owned right up to there originally and they carved this curve out of it to put in Highway 5 but in the discussion on that with the Condemnation Commission they said there was no severance so there is a vacant piece of land north of my present north land that we put the recent sewer in and it's never been developed. That's severance. This is certainly severance. Councilman Geving - As I understand it Mr. Ward, the reason for that line was the continuation over here for this other property to the east. That's more or less why this was done but it doesn't necessarily have to be the line. Martin Ward - What is the benefit to me, wherever this line is? This shoreline is already in. Bill Brezinsky - No. It is east of Highway 101. The existing sewer ends 'east' of 'High.way 101. These figures include connecting to that and extending it up to Highway 5. They don't include anything that's already in. Mayor Hobbs - I think the engineer stated that he can get you a large scale map as it's stated there. In terms of discussion, I would anticipate that this item will probably come back before the Council on or about the 3rd of April. Martin Ward - That's only about two weeks from not". I would have to take some steps to get more time so that I can discuss these things. Mayor Hobbs - What do you feel would be a reasonable time? Martin Ward - I would say that certainly at least two weeks. Mayor Hobbs - It could come up for discussion on the 3rd (April) and depending on what has happened in terms of the date between now and that time at the Council's pleasure they could either vote on it or table it to the 17th which would give it another two weeks. That would be up to the Council. Martin Ward - I am not clear, you say the 17th. Mayor Hobbs - I am saying we could put it on as an agenda item on the 3rd which is three weeks from now and then depending on how discussions had gone in that three week period, if it appeared that another week or so would conclude them at the Council's pleasure they could table the item to the 17th before they took a vote. I cannot speak for the Council. council Meeting March 14, 1978 -6- Martin Ward - In other words, appear on the 3rd and ask for what, in order to get some more time? Mayor Hobbs - I think in terms of what you are trying to say, most of the other property owners here are familiar with the project. They are aware of what's going on so I don't think there will be too many questions between now and the 3rd from anyone except yourself. I think the Council appreciates that you have a large assessment but you should have time to discuss it and look it over. I am saying on the third if you felt and the city staff felt these discussions had progressed to a point where either you were satisfied with what you had seen in terms of how you were going to react from that point, we could possibly make a decision. If you felt that another week or two could tie that down for you, the Council could table it to the 17th. If you felt on the 3rd that another month or two were needed, I am not saying that they would delay the decision that long. I would imagine, from your comments, that you will be having discussions with the staff between now and the third. Martin Ward - I expect to. Mayor Hobbs - It will be an agenda item on the 3rd and I would anticipate that you will be here. Martin Ward - Is there anything that I have to do between now and the 3rd in order to get the time that you suggest I might possibly get to the 17th. Mayor Hobbs - I think that would strictly depend on what has happened between now and the 3rd. My answer is, we are not going to put off the decision indefinitely. I think that the Council woulð lean very definitely towards tabling it to the 17th if all the parties considered felt that that would be the difference between having a firm understanding of the project or not having a firm understanding of the project. Maybe we are presupposing that the three weeks isn't enough time. Maybe that is enough time. Don Ashworth - I am sure that the engineer will make available anything that you would like. 'I don't know if you need more than three weeks but at least I am sure from our standpoint Bill stands ready to meet with you during this next three week period. Victor Schmieg - We have a home setting in the right-of-way. Don Wisniewski - We have talked with the city and yourself about three different alignments that would best serve the connection to TH 5 and I guess the intersection with TH 5 has a lotto play where that road goes because of the northerly route which goes into Excelsior. We feel the route that goes through the yard is the most westerly route and that would provide close to a 90 degree intersection, will provide ample spacing from that intersection to the highway bridge over the railroad tracks and also gives us available space for a future separated intersection which was indicated earlier. I guess I I I I I I Council Meeting March 14, 1978 -7- it is our feeling that probably would be the most desirable when we considered all three. The other routes were east of there and they intersected TH 5 at a more oblique angle. We do realize that it does go through your property. Ed Dunn - Would it not be correct that the value of the house would be taken into consideration in any aware for the taking. Don Wisniewski - I would assume that that's true. That is going to be approximately 150 foot right-of-way which would accommodate two or four lanes, divided roadway. Today we are proposing to put in two of those lanes but we would want to purchase the right-of-way for the future four lane facility. Mayor Hobbs - Bill, does the highway right-of-way acquisition figure that you have reflect anything in terms of the possible condemnation of homestead? Bill Brezinsky - Yes. Victor Schmieg - I was never really informed of when it would be built, are they going east of the house or right where the house sits or when is it going to happen. Don Wisniewski - As far as when it's going to happen, we have got it scheduled in our five year capital improvement program. Th~ roadway construction and the bridge, railroad over highway, would take place in 1979. We have had two surveys out there. This particular more desirable route has been surveyed in the field and likewise the one that went furtherest to the east was surveyed in the field. Preliminary to this hearing we did make a decision that that would be the desirable route which would appear in the feasibility report. Mayor Hobbs - Has the county had or are you obligated to have a public hearing on this proposed state aid road? Don Wisniewski - No, we are not. Victor Schmieg - I feel if we· lose the home the rest of the buildings don't mean anything either. I think it will take the garage, both garages. Don Wisniewski - The house will probably be the one that would be in jeopardy with the first two lanes and I guess we haven't done any ground surveys to know what other buildings or trees would be affected. All we have done is establish a centerline. Victor Schmieg - Would that be the centerline where a few of those s take's are? Don Wisniewski - Yes. That would be the centerline of the 150 foot right-of-way. . Councilman Geving - Where is that centerline right now? Victor Schmieg - Right by the house. One stake is right by the kitchen window. Mayor Hobbs - I didn't realize it was going right through the house. Victor Schmieg - Seventy-five feet on this side and seventy-five feet on that side that takes barn, hen house, and hog house, and the garage, and machine shed and everything. Mayor Hobbs - I am glad you brought it up. I don't think the Council was aware of it. Councilman Waritz - I am still a little unclear as to how we get involved in the right-of-way for a county road. Don Ashworth - The county's five-year program included making various Council Meeting March 14, 1978 -8- improvements in this particular section of road. To complete that they have only programmed in the cost of the actual improvement itself. They have assumed being able to acquire property either through I a public project such as this or through private donation. They have received a donation of the land for all the properties south of the project area. If that road is to be completed it would either have to occur through a project such as this or through a donation of that property. Don Wisniewski - The most easterly alignment,which is one of the three alternates that was considered, would still affect the outstructures of that yard. It would affect the barn and encroach to the west but it would not take the house. We are looking at the best service, the best intersection with TH 5 looking down the road aways, what that intersection would look like and how it would serve the properties both to the south and a connection north to 17 and by positioning it as close to 90 degrees as possible and allowing enough spacing to the railroad bridge so that sometime a separation structure could eventually be put in there, it appears that that would be the best alignment. Bill Brezinsky - The road can't be put in until the right-of-way is acquired from Mr. Schmieg so he will have quite a bit of input into the location. Mayor Hobbs - Was Don correct in stating that the right-of-way I acquisitions have been completed up to this point? Don Wisniewski - No. There have been some tentative discussions up to this point regarding dedication of the right-of-way south of here but nothing has been solidified yet. Don Ashworth - Is it not true though that those have been offers of donation up to this point? Don Wisniewski - Yes. Bill Brezinsky - Another thing relative to your question regarding the acquisition of this right-of-way as far as this project, normally there is some city participation in the cost of putting in these county state aid roads normally part of the cost is assessed back similar to what we are talking about on the municipal state aid 101, assessing back the cost of a locally designed street or a residential street. To go forward with this project it is necessary to have their right-of- way essentially dedicated or paid for and assessed back to the people. Don Wisniewski - The county's policy regarding new construction or any kind of modernization of an existing county road within a municipality talks about 100% construction costs paid by the county and items I such as the right-of-way is a negotiable item between the municipality and the county but it's been our past history with all of the municipalities including Chaska and New Germany and Mayer and Carver County that those items have been picked up by the city. I I I Council Meeting March 14, 1978 -9- Robert MacDonald - I would like to make a part of the record that Animal Fair needs a early commitment to meet construction deadlines for an October 1st occupancy. Thank you. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Geving and Waritz. No negative votes. Hearing closed at 9:30 p.m. Don Ashworth City Manager