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1977 11 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 7, 1977 Mayor Hobbs called the meeting to order at 7:15 p.m. with the following members present: Councilmen Pearson, Neveaux, Geving, and Waritz. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. 1977 BOND SALE: RESOLUTION #77-66: Councilman Neveaux moved the adoption of a resolution to reset the date of the 1977 Bond Sale for November 28, 1977, at 7:30 p.m. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. AWARD BID - PROJECT 77-4, WEST 79TH STREET WATERMAIN, STREET, CURB AND GUTTER: RESOLUTION #77-62: Councilman Neveaux moved the adoption of a resolution accepting the low bid submitted by Peter Lametti Construction Company in the amount of $49,445.00 for the West 79th Street Watermain, Street,Curb, and Gutter Project 77-4. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. PUBLIC HEARING PROPOSED MSAS 101 STREET IMPROVEMENT PROJECT 77-6 Mayor Hobbs called the public hearing to order at 7:30 p.m. with the following interested persons present: Doug Hansen, 17001 Stodola Road, Minnetonka Bernie Schneider, 680 West 78th Street John Brose, 780 West 78th Street Vernon Kerber, 7241 Powers Blvd. Edwin Kerber, 7241 Powers Blvd. Donald Chmiel, 6970 Tecumseh Lane Thomas Connelly, 360 Wabasha, st. Paul Loretta Kerber Connelly, 2296 Apache St., st. Paul AdelIa Kerber, 7241 Powers Blvd. Mr. and Mrs. Bernard Kerber, 7500 Laredo Drive Harold Brose, Route #2, Chaska William Bond, 6861 Tecumseh Lane Len Kluver, 6841 Tecumseh Lane Harold Kerber, 7216 Frontier Trail Jim Penberthy, 264 Water St., Excelsior Richard Brose, Waconia This project includes construction of 1.44 miles of street from West 78th Street northward to the southwest corner of Carver Beach and then westward to Powers Blvd. Bill Brezinsky explained alternative street sections and methods of assessment as outlined in his report of October 31, 1977. The hearing was opened for comments from persons present. Council Meeting November 7, 1977 -2- Tom Connelly - Mayor Hobbs and members of the City Council. My name is Thomas Connelly, 360 Wabasha Street, St. Paul, Minnesota. I represent the John P. Kerber Estate and I have with me this evening AdelIa Kerber, Vernon Kerber, Edwin Kerber, Harold Kerber, Bernard Kerber, and Mrs. Loretta Connelly. We are appearing in opposition to the proposed MSAS 101 street Improvement Project. The John P. Kerber Estate consists of approximately 90 acres located in the City of Chanhassen, Carver County, Minnesota, and is described in Book 52 of Deeds. (Page 71) This property is being used for agricultural purposes and is occupied by Vernon, Edwin, and Adella Kerber. We believe that the proposed improvement is not in the public interest, that the taking or acquisition is excessive, that the assessment of cost for said improvement against the property would be unjustly high, that no benefit would accrue to the property and in fact it would destroy to a large degree the farming operation. We have not had the opportunity to examine any detailed drawings to determine elevations, slope easements and other construction details. This property is adjacent to Carver County Road 17. When this road was rebuilt several years ago the John P. Kerber farm was also subject to a taking by the County. That road was upgraded and serves this property adequately now and for future development. The addition of the proposed street improvement would duplicate County Road 17 and would not benefit this property. In view of these facts we respectfully request that this proposed project be denied. I would like to know if you have the lineal footage for the John P. Kerber farm. We were trying to estimate what the cost of the assessment would be based on the figures that have been quoted here tonight. Do you have any drawings that show what those slopes are? I was wondering how wide the taking would be at that particular point. Bill Brezinsky - We have various slope easements that are shown on the half section. Besides the 100 foot right-of-way width we are asking for slope easements in three different areas on the John Kerber property. There would be about 4,000 feet assessed at $14.88. The Council wouldn't be setting any assessment at this time. That would be done after the assessment hearing and it could vary according to the different properties. Jim Penberthy, Attorney representing Mr. and Mrs. Bernard Kerber - Rather than to prolong the record I would reiterate what Mr. Connelly has said with respect to his client's property. We have just prepared a short statement summarizing our position which I will deliver to the Manager now. Essentially our position is the same in that the assessments appear to be very, very high in return for the benefit. The disruption of the farming operation is very important. Where is the impetus for the road? Is there pressure from the community? Mayor Hobbs - I think it goes along with the comprehensive planning. The ultimate state aid road, I think everyone agrees, is not needed today. I think in terms of utilizing that road as an access into the downtown area and opening up that area to development, I understand we have got agricultural uses there and we are talking about residential uses in the same property, one of the main reasons for discussing putting a road in this area. This road actually has been in some way discussed for three or four years. The City Council is not discussing building this road simply because we are concerned about a reduction in municipal I I I I I I Council Meeting November 7, 1977 -3- state aid funds. The road itself has been considered long before we knew of any reductions. Doug Hansen - I think another reason this all started was giving another good outlet to Carver Beach and an extension öf Frontier Trail also was something that this would alleviate. I do really think the road will benefit them. Not as a farmer, but eventually, as a good access road to the area. Tom Connelly ~ Do you have any elevation drawings? Bill Brezinsky - Yes, we do. The right~of-way as we have it shown here was approved,by the Minnesota Department of Transportation and in order to. determine the right-of-way that was.. needed we had to establish a centerline. profile. We can make that available to you. Tom Connelly - I would like to see it. Bill Brezinsky - This road.has.been under discussion. back as far as 1972 and has been discussed as another outlet for Sunrise Hills and Western Hills area and Saratoga Development. It has been talked about for a long, long time. In 1974 we actually established a right-of-way and tried to set up a meeting with alL the owners to walk it. It has been staked three or four. times in. the last three orfour.years. Tom Connelly - As far as our property is concerned, we don't need that road. Mayor Hobbs - In looking at theroadaliEtlà, b)::~oader/~h9.:rl:.jUs~thow it affects -tne.-i:rià.:J-vidual property that abuts on it.. Mr. Hahsen touched a while agpo!l:i:;he Carver Beach neighborhood which has been there for quite awhile and has seen some more rapid development the last year because of the sewer and water project. The Council, for several years, has looked at providing other accesses out of that neighborhood. We basically have one entrance and one egress. We do have a gravel road that is a temporary type road going in. If this road were constructed it would þrovideanother access to the we~t as well as another one to the south for those properties up in there. It does tie in with the area. to the north. Don Ashworth - You may wish to close the public hearing portion this evening, table a decision until November 21 to allow any parties to put information in in writing prior to November 21. Councilman Pearson moved to close the public hearing. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Hearing closed at 8:00 p.m. LIONS CLUB: Several members of the. Lions. Club were present to discuss the progress of the.tot lot at Lake. Ann Park. Councilman Waritz moved to commend the Lions Club on the work they have done to date and supportint them on completion of the project. Motion seconded by Councilman Geving. The following voted in favor: . Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. The City Manager was asked to write a letter to the Lions Club commending them on their work. Council Meeting November 7, 1977 -4- MINUTES: Councilman Pearson moved to approve the October 17, 1977, City CoÜncil minutes. Motion· seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. Councilman Waritz abstained. Motion carried. I Mayor Hobbs read a letter addressed to Russell Larson thanking him for his support and interest in the community and for his donation of the new flag. Councilman Geving moved to note the October 12, 1977, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the October 26, 1977, Planning commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. PARKING LOT IMPROVEMENTS - WEST 78TH STREET AND GREAT PLAINS BLVD. Harry paÙ"ly ,,¡fa"s" present. TheC"o'un"cil has previously 'co"nsldereð this project as both a public improvement project and a private improvement project. A conditional use permitfQr an officeb~ilding-chas been submitted to Mr. Pauly. for his signature but before the building can be constructed the parking lot will have to be installed. At the present time private development of the parking lot does not seem feasible as the owners cannot reach an agreement. Staff I recommended that the Council order a new hearing to consider the parking lot as a public improvement project. RESOLUTION #77-63: Councilman Neveaux moved the adoption of a resolution to hold a public hearing December 19, 1977, at 7:30 p.m. to consider designation as a public improvement project the parking lot at West 78th Street and Great Plains Blvd. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. 1978 REFERENDUM: Staff asked what issues the Council may want to consider for" the March 1 referendum. Library in Old St. Hubert I s Church, Public Works Garage, and Policing were discussed. Councilman Neveaux moved to table action until November 28, 1977, at which time more information will be presented. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. DON HANUS: Mr. Hanus was present requesting a ";twü week extension on his landscaping bond. The City Planner updated the Council on the construction of thø new-Hanus building. Staff has issued a stop order on the construction of this building because the required bond for landscaping and asphalt has not been placed with the City and the" building is being constructed 15 feet closer to the west lot line than what was approved on the plans. I Councilman Pearson moved that Mr. Hanus be allowed to continue I I I Council Meeting November 7, 1977 -5- construction until the November 21, 1977, Council meeting and present a bond for landscaping and asphalt'"at that t.ime. If no bond is presented construction will be stopped until a bond is presented. Motion seconded by Councilman Geving. The following voted in favor: Councilmen Waritz, Geving, and Pearson. Mayor Hobbs and Councilman Neveaux voted no. Motion carried. DRAINAGE CLAIM, ARNOLD RICHARDSON, 6640 IROQUOIS: Mr. and Mrs. Arnold RiÒhard"s6n "a"nd G"e-o'rge Ca:rTs-on, At"forney," wfire present. The City Engineer recommended construction of a drainage swalefrom Iroquois to Quail to accommodate the runoff at a cost of $2,000. This one "foot; deep by 14 foot wide grass swale would be constructed within the existing sewer easement. Councilman Neveaux moved to authorize the City Engineer to correct the problem as suggested in his letter of November 2, 1977." fiìà _estimated cost of the work to be approximately $2~000 and will be ~harged to Carver Beach Project 75-2. Motion seco~ded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. The Manager will write a letter to the City's insurance carrier asking them for a determination on the claims that have been submitted to them or that someone be present at the November 21 Council meeting. STORM WATER DAMAGE, NANCY WAHLBERG, 7337 FRONTIER TRAIL: Conrad Fisknesi, Riley-Purgatory CreeK Watershed District, and Nancy Wahlberg were present. The City Engineer has completed the elevations on the property. The existing curb would handle a five to ten year storm. Staff recommended reconstruction of a section of the curb to insure it would handle a 100 year storm. Councilman Pearson moved to authorize to authorize the Engineer to install a six inch curb on either side of the Wahlberg property at a cost not to exceed $700.00. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. REQUEST TO WAIVE UTILITY HOOK UP, ROBERT PETERSEN, 6710 POWERS BLVD. Mr. p"ete-r"sen" was pre"se"nt r"eq"ue"stin"g "the-Cü't:ïn"dilwaive the" one year hook up requirement for installing sanitary sewer and water. Councilman Pearson moved to deny the request to waive the hook up requirement. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. PAULY-STODOLA ASSESSMENT APPEAL, PROJECT 73-4 STREET IMPROVEMENT: Craig Mer"tz "gavè a "repor"t" o"n" "the "cÒÙr-t Òrde£ "conce"rning this" ass-ès"smemt appeal. The City's options are: to appeal to the Minnesota Supreme Courti or reassess the two apartment buildings. Councilman Pearson moved to direct the City Attorney not to file an appeal. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Council Meeting November 7, 1977 -6- The City Engineer will prepare a tabulation of all costs for the project versus actual assessments amde against private property. METROPOLITAN COUNCIL HAZARDOUS WASTE DISPOSAL SITE: The City Planner I explafnecf the current sfat"us of "the Me"tropo"1i tan Council' s site selection process for a hazardous waste disposal site. Two sites have been selected - Chanhassen/Eden prairie and the pine Bend area. The other six areas in the metropolitan area have been eliminated. The area in Chanhassen is not suited for this type of facility. A disposal facility taking one-half of Chanhassen's industrial land off the tax rolls would be disruptive. Staff feels that" the criteria used in the site selection was arbitrary and there are many more areas in the metropolitan area that fall within the parameters that were setforth in the plan. Chanhassen has not been planned to have high water users in the industrial system that would use this type of facility. Councilman Pearson moved to authorize Mayor Hobbs to prepare a resolution to the Metropolitan Council, Waste Control Commission, State and Federal Legislators, and Judge Miles Lord expressing the city's concerns. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, Neveaux, and Waritz. No negative votes. Motion carried. (Resolution 77-64). The City Attorney will prepare a report on the feasibility of seeking a court injunction against the metropolitan agencies. METROPOLITAN TRANSIT COMMISSION: Councilmen Neveaux and Waritz I will at"tend" a mee"ti"ng" at the "Carver County Court House on November 16, 1977, at 8:00 p.m. to discuss paratransit programs. CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to dis-cÜss" "any i ferns on the consent agenda. Mayor Hobbs requested Items l2a, l2b, and l2c be discussed separately. As no other Council members questioned items on the consent agenda, the Mayor asked staff if any citizen comments had been received concerning these items and asked if there was anyone present to discuss items on the consent agenda. Being none, the Mayor entertained a motion from Councilman Neveaux and seconded by Councilman Geving to approve the following items pursuant to the City Manager's recommendations: a. Shore Acres Sanitary Sewer Project 77-3, Contract Amendment No.l - Resolution #77-65 b. Fire Department Relief Association Investment. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. ALTERNATIVES FOR WASTEWATER MANAGEMENT IN THE TWIN CITIES METROPOLITAN AREA "208": The City Planner recommended that the City remind the MetropolifahCouncil:of previous committments for sewering the Lake Ann area and the council should not change the programming of the Lake Ann Interceptor. The Planning Commission, at its October 26 meeting, recommended the City Council encourage the Metropolitan Council to implement the Lake Ann Interceptor as presently programmed. Councilman Neveaux moved to reinforce the Planner's recommendation and the Planning Commission recommendation that we encourage the Metropolitan Council and the Metropolitan Waste Control Commission to stick to the adopted Chanhassen Comprehensive Sewer Plan. Motion I I I I Council Meeting November 7, 1977 -7- seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Geving to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,Waritz, and Geving. No negative votes. Meeting adjourned at 11:50 p.m. Don Ashworth City Manager