1978 07 17
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REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 17, 1978
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members
present: Councilmen Pearson, Geving, and Waritz. Councilman Neveaux was absent.
APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda with the addition
of levy limit appeal. Motion seconded by Councilman Waritz. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
DRAINAGE PROGRESS REPORT, FRANK KURVERS: Mel and Frank Kurvers were present. Council
members discussed the Engineer's report of April 14, 1978. The following work has
been completed:
1. Removed part of the berm on the north edge of Cheyenne and installed a ditch
south of Cheyenne directing runoff from the Highway 101 - Cheyenne intersection to
the Colonial Grove sump;
2. The culvert under Cheyenne has been completely plugged.
3. The culvert under the Kurvers driveway has been opened and driveway erosion
repaired by the Contractor at no cost to the City,
The Engineer will advise the Council when all restoration is completed. No action
was taken.
VALHALLA STREET VACATION: At the request of Mr. O'Brien, Councilman Pearson moved
to table action until August 7, 1978. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
ORDINANCE AMENDMENT, RESIDENTIAL KENNEL LICENSE REQUIREMENTS: The ordinance presently
requires an owner having three animals (either dogs or cats or combinations) to obtain
a kennel license. Staff recommended the ordinance be amended so that the owner of
three or more dogs would still require a kennel license but less than three dogs
or any combination of three animals would not require a kennel license. Dick Matthews
reported that the Animal Control Ad Hoc Committee felt that the change was negating
the original intent of the ordinance. The Committee'suggested that the license fees
be included in the $25.00 kennel license fee. .
Councilman Geving moved to deny the proposed amendment 240. Motion seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. No negative votes. Motion carried.
PUBLIC HEARING
FRONTAGE ROAD AND SIGNALIZATION IMPROVEMENT PROJECT, DAKOTA AND HIGHWAY 5
Mayor Hobbs called the public hearing to order at 8:00 p.m. with approximately 50
interested persons present. The public hearing was broken into two parts: 1) Frontage
road and signalization improvements on the south side of Highway 5 and, 2) Frontage,
road improvements on the north side of Highway 5. Costs of the signal at Dakota
and Highway 5 will be primarily paid through a Federal Grant (70%) with the State
paying the costs of the signals for Highway 5 improvement (15%). The cost of the
signal improvements for Dakota Avenue to the south (improvements to the north being
paid through County funds as a County road - 7%%) are proposed to be assessed back
to benefitted properties on a percent of vehicular traffic generated from each of
the areas using Dakota Avenue (proposed residential uses west of Dakota, Chanhassen
Estates, approved commercial uses east of Dakota - MTS, and other general commercial
uses). The proposed assessment to individual residents in Chanhassen Estates for
all proposed improvement cost is estimated to be approximately $37.00. Cost to other
uses is based on a percent of the total traffic generated times the total project
cost. Also included in the improvement are frontage road improvements for the
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commercial properties east of Highway 5 including the MTS property. Assessment
of these improvements will be solely against abutting and benefitted properties.
Di ck Connell, 8022 Cheyenne, Pres i dent of Chanhassen Estatès Associ ati on - l~i 11
Dakota eventually be closed and if so what is the feasibility for
a major intersection development to the east at 184th Street?
Mayor Hobbs - I don't think so in our lifetime. There is no proposal that I know
of.
Don Ashwørth - I think especially with the major costs of that signalization
we are in fact saying that that would stay open and the state is
saying the same thing. At some point in time there will be a
signal on the eastern edge of Chanhassen.
Dick Connell - A second question relating to Dakota Avenue, with the widening
we assume that the trees that are currently planted would have to
go and the comment we had we would like to see somewhere in the
cost to include the relocation of these trees.
Bill Brezinsky - I am not aware where any trees would be taken.
Dick Connell - Where it1s widened on Dakota Avenue you would have to take the
existing trees, I believe, because the trees are planted about
eight foot from the present asphalt.
Bill Brezinsky - The widening would be 12 feet wide so we would be taking some
trees. That hasn1t been considered in the cost but when we are
working on the final plans,if we are directed to by the Council,
we can make provisions.
Mayor Hobbs - I think that is a point of concern.
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8020 Erie - Will the signalization include walk lights and walk ways I
across Highway 5?
We haven1t seen the final plans from the Highway Department. It
would have walk indications but no buttons. I think this gentleman
has a good point and it IS certainly something we are going to
look into when we get the plans to be sure exactly what we are
getting. We are proposing a bike way from Chanhassen Estates to
Lake Ann Park and a crossing would either be at Dakota or at
Highway 101 or possibly both and I would think that this would
be a part of this bike way system.
Bruce Frykman,
Bill B rez i ns ky
Dick Petersen, 8033 Erie - The way I understand it that the frontage road, sewer
and water improvements, the signalization at Highway 5 and Dakota
will cost the homeowner in Chanhassen Estates $37.15 a one time
assessment.
Bill Brezinsky - That's correct.
Mayor Hobbs - As you well know the figures you are looking at now are an estimate.
It may cost you $35 or $40. We don't know until we let the bids.
Paul Strand, MTS Systems Corporation - Although the amounts involved may not be
all that significant in relation to the total proposed assessment for
MTS, we would like to go on record as stating that we are not fully
in agreement with the calculation of trips per day to our property.
We feel that the number that is used is unrealistically high. We
also are of the opinion that the cost of the signalization could be I
reasonably allocated,certainly to the property to the west. We also
believe that that signal will have significant benefits to the
entire business community in the City of Chanhassen.
I would just like to make a couple comments in relation to the
traffic situation. First is that in Eden Prairie we have an
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Council Meeting July 17, 1978
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identical situation with Mitchell Road where people coming from the
city turn left over the little hill on Mitchell Road and then turn left
again. That has not been a significent problem to the people living in
Scenic Heights Addition. We have more employees at that facility than
we plan on having at this one. Everybody at MTS does not come to work
at the same time in the morning. We start anywhere between 7:00 a.m. and
7:45 a.m. and we quit between 4:30 and 5:30 so it's spread over a
relatively large period of time.
Harry Kerber, 2600 Arboretum Blvd. - On my property along Highway 5, will we be
affected and assessed at this time?
Mayor Hobbs - Not at this time. If the frontage road is extended, yes.
The Engineer presented two alternatives for the second portion of the public
improvement hearing - public improvements on the north side of'Highway 5. Basically
the two alternatives differed in the connection of proposed frontage road to West
78th Street in the area of the proposed improvemehts on Dakota. Improvements included
in both alternatives for frontage road construction on the north side of Highway 5
included storm sewer, sanitary sewer, water, and frontage road construction. Costs
of these improvements are proposed to be assessed back to benefitted properties.
The Engineer's estimates for each of the alternatives was 1) Alternate A = $232,343,
and 2) Alternate B = $203,998, all as shown in the Engineer's report dated June 1978.
Frank Bongard, 19350 West 78th Street - I would sooner see you leave that road
going in front of the house. What if you would go in the back, when
would that be made?
Mayor Hobbs - Itwould"not be built.
Peter Throdahl, Lyman Lumber Company - I guess we concur with the staff recommendation
Alternate B.
Councilman Geving - The improvements that were made to provide access to Highway 101
for the bridge repairs down where the corner is on Dakota, will
those be ripped out o~ there orwill those remain?
Bill Brezinsky - There will be a modification at that intersection with this frontage
road that-we are recommending. There would be some changes.
Councilman Geving - I kind of like what has been done there as it provides a real nice
access to Chanhassen going west.
Bill Brezinsky - The Highway Department has proposed'in that area to remove that
widening on Dakota. That was part of their plans and I think we
should consider having them leave them.
Roger Drewing, The Press, Inc. - I would like to go on record also as agreeing with
Alternate B for our purposes. We would be pleased if that were
implemented. Did I hear you state there were no acqui5ition costs in
Alternate A?
Bill Brezinsky - In Alternates A and B we have alotted a total of 21% for engineering,
legal, administrative, and land acquisition. That allows for a
very limited amount of money for land acquisition. We don1t know
what that could be but we don't want to suggest how much that would
cost to go across the Bongard property.
Roger Drewing - What improvements are being made on the access road that now exists
on Alternate B? Is there not a road that goes in to the first two
properties now?
Bill Brezinsky - That road will be widened. The total difference in the costs on
these two alternates are in the frontage road.
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Councilman Pearson moved to continue the public hearing to July 24, 1978, for
the purpose of receiving written comments. Written comments should be to staff
by Fri?ay July 21 ~ 1978. Motion seconded by Councilman \~aritz. The fOllowing I
voted ln favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Hearing continued at 9:20 p.m.
LOTUS LAKE ESTATES REVISED DEVELOPMENT PLAN, PRELIMINARY PLAT AND PUBLIC
IMPROVEMENT PROJECT: This item was tabled to allow the Council, staff and Mr.
Swedlund to consider the request of Mr. Swedlund to have Outlot B accepted in
lieu of the park charge. Staff did not recommend that Outlot B be totally accepted
in lieu of the park charge.
RESOLUTION #78-31: Councilman Pearson moved the adoption of a resolution accepting
the Lotus Lake Estates Preliminary Plan with the conveyance of Outlot B to public
ownership to be maintained as undeveloped open s~ace except f?r a trailwaY,system
of such width and construction as the City Councll may determlne. Resolutlon
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving~ and Waritz. No negative votes. Motion carried.
RESOLUTION #78-32: Councilman Pearson moved the adoption of a resolution authorizing
the public improvements for Phase I per the Engineer1s feasibility study dated
April 12, 1978, and prepare plans and specifications. Resolution seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. No negative votes. Motion carried.
Councilman Waritz moved to allow the developer 50% credit aqainst park development
fees inconsideration for the donation of Outlot B. Motion seconded by Councilman I
Pearson. The following voted in favor: Councilmen Pearson and Waritz. Mayor
Hobbs and Councilman Geving voted no. Motion failed.
HESSE FARM PRELIMINARY DEVELOPMENT PLAN: Mr. Harold Hesse is requesting the
Council waive the application of Resolution 911721 passed September 11, 1972,
which prohibits the consideration of plans beyond the sketch plan phase until
utilities are available or imminent, so that he can develop Phases II and III
of the Hesse Farm. The Planning Commission recommended that in this particular
instance the Council waive Resolution 911721.
Councilman Pearson moved to grant a waiver for the application of Resolution
911721 to the Hesse Farm Phases II and III and allow Mr. Hesse to proceed to
proposed preliminary development plan, Planning Case P-058. Motion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson
and v·/aritz. Councilman Gevi ng voted no. Moti on carri ed.
FRONTIER DODGE PRELIMINARY DEVELOPMENT PLAN: Frontier Dodge is requesting the
Council reconsider their preliminary development plans for an automobile
dealership on Lot 9, Block 1, Frontier Development Park. The Council approved
the preliminary development plan approximately two years ago under the condition
that the applicant enter into a development contract prior to the City considering
rezoning of the property. The applicant was unable to proceed under the original
schedule because of financial conditions and is now requesting approval.
Councilman Pearson moved to rezone Lot 9, Block 1, Frontier Development Park I
from I-l to C-3. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs~ Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
Councilman Geving moved to approve the issuance of a conditional use permit
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allowing outside storage on the subject property and direct the City Attorney to
prepare a permit. Prior to execution' of'thè'permit'tfre Council will review it.
Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
Councilman Waritz moved to issue a variance to Ordinance 47K for the reason that
this piece of property 'was grandfàthèredìti-Ptiortothe ordinance., ~,1otioi1 seconded
by Councilman Geving. The following voted in favor: Mayor Hobbs, Counciímen Pearson
Geving, and Waritz. No negative votes. Motion carried. '
MC CLEARY/KELLYNNE SUBDIVISION - VARIANCE REQUEST: Mr. McCleary is requesting approval
to subdivide property located along Lake Minnewashta into seven residential lots.
Cul-de-sac variances are necessary for Lot 3, Block 1, and Lots 1 and 2, Block 2,
and a corner lot frontage variance for Lot 1, Block 1 are requested. The Planning
Commission recommended approval.
Councilman Pearson moved to approve the subdivision for James McCleary and the
variances as requested subject to 'the following conditions:'
1. Applicant agree to pay additional unit charges as shown in the Engineer's
report of May 5, 1978.
2. The applicant enter into a development contract to complete improvements per
the Engineer's report of·May 5, 1978.
3. The applicant agree to the conditions outlined in the Planner's report of
May 31, 1978, and Planning Commission action.
4. Issuance of a bUilding permit on Lot 3, Block 2 be conditioned upon
determination of adequate soils.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
JACOBSEN REPLAT, ELM AND MANDAN: Mr. Jacobsen is requesting approval to replat
several lots in Carver Beach into two buildable lots. The Planning Commission
recommended approval upon the condition that à hardshell be filed and an escrow
deposit in the amount of $300 be made.
Councilman Pearson moved to approve the replat conditioned upon a ~~rdshéll being
filed and an escrow deposit in the amount of $300 be made to insure that the hardshell
is completed and filed. Motion seconded by Councilman Waritz. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
APPLE VALLEY RED-E-MIX BUILDING PERMIT, REQUEST FOR RECONSIDERATION: Based on a
report from the City Attorney that the proposed use would be an intensification of
a non-conforming use, the Council took no action to reconsider a building permit
application to construct an additional silo on the property.
FRONT YARD VARIANCE REQUEST, KENNETH MORRILL: Mr. Morrill is proposing to construct
a 24' x 36' addition and a 22' x 141 redwood deck onto his present home located at
880 Glendale Drive. A nine foot variance is requested. The Board of Adjustments
and Appeals met and recommended approval.
Councilman Geving moved to approve the nine foot variance as requested by Mr. Morrill.
Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
REAR YARD VARIANCE REQUEST, WILLIS KLEIN: Mr. Klein is requesting a 28 foot rear
yard variance to construct a garage on his property at 8405 Great Plains Blvd.
The property is zoned R-1A. The Board of Adjustments and Appeals recommended the
Council approve a rear yard variance of 28 feet and a side yard setback variance of
Council Meeting July 17, 1978
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Councilman Geving moved to grant the variances to Willis Klein, Planning Case I
P-566, as recommended by the Board of Adjustments and Appeals. Motion seconded
by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Geving, and Waritz. No negative votes. Motion carried.
BILLS: Councilman Pearson moved to approve the bills as presented. Motion seconded
by Councilman Waritz. The following voted in favor: Mayor Habbs, Councilmen
Pearson, Geving, and Waritz. No negative votes. Motion carried.
CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to discuss any
items on the consent agenda. It was decided to place the following items on
the next Council agenda:
a. Set public hearing date for partial vacation of Hawthorne.
c. Public Improvement Project - Status Report.
f. Flood Insurance Meeting date.
g. Official meeting place - City Council.
h. Auditing Services - 1978.
i. Set Special Assessment Hearing dates.
Councilman Geving moved to accept the remaining consent agenda items as recommended
by the City Manager.
b. Hazardous Building - Carver Beach. Resolution #78-33 authorizing the
City Attorney to proceed with court action if owner fails to remove this building.
d. Release, Option to Purchase Additional Property, Lake Ann Park.
e. Residential Moving Permit, Art Kerber, 25 Pleasant View Road.
j. Establish Council/Citizen Committee to Review Recreational Vehicle Ordinance.
~1otion seconded by Councilman vJaritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
Councilman Pearson moved to adjourn. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz.
No negative votes. ~~otion carried. ~~eeting adjourned at 11 :30 p.m.
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Don Ashworth
Ci ty Manager
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