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1975 03 31 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING MARCH 31, 1975 Mayor Klingelhutz called the special Council meeting to order at 9:15 p.m. on March 31, 1975, with the following members present: Councilmen Shulstad, Neveaux, and Kurvers. Councilman Hobbs was absent. PLANNING COMMISSION APPOINTMENTS: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to direct the Administrator to call all the applicants to see if they wish to be interviewed by the Council for a position on the Planning Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to hold a special Council meeting to interview Planning Commission applicants to fill the four vacancies on the Planning Commission on April 8, 1975, at 7:30 p.m. The Administrator will set up 15 minute time schedules. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. LORD/GLAESER ELECTION CONTEST: The City has been assessed $293.00 as Chanhassen's portion of the Lord/Glaeser Election Contest. It was based on the number of allegedly miscounted votes in Chanhassen. The Court has the power to apportion the cost between the guilty 'communities. The City did not receive a notice of the Court action. Councilman Shulstad asked if this is not true that this is only true of one political party. "It is my understanding that the Democrats held a fund raiser to pay all their bedts and the Republicans are the ones who are pressing for payment. If that's the case why if we are liable did the Democrats go ahead and take care of ~he expenses themselves. I don't want to see the City contribute on a partisan basis. I also don't want to see the City fork over money on the basis of notification action that was not complete." The City Attorney offered a suggestion that the Council advise the Clerk of Court that the Council declines payment because the Council received no notice of it. III' A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to decline payment on the grounds that due process was not observed. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. SHADE TREE SHORT COURSE: This two day course is offered at the Arboretum at a cost of $10.00. The Administrator recommended that Henry Wrase and Dale Gregory attend. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the expense and Henry Wrase and Dale Gregory be allowed to attend this short course. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. UP-DATE BASE MAP: The Administrator requested Council approval that the Planner be authorized to enter into a contract for drafting service with Schoell and Madson at a cost not to exceed $400.00. This is for the drafting to bring the base map up to date to begin the work program Chanhassen City Council Minutes, March 31, 1975 -2- process that the Council previously approved. A motion was made by Councilman Shulstad and seconded by Councilman I Neveaux to authorize the contract to be drawn up for drafting services to work on the base map. The cost of which not to exceed $400.00. . The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. LIQUOR LICENSES: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the Chanhassen Dinner Theatre 1975-76 applications for: On Sale Intoxicating; Off Sale Intoxicating; On Sale Non Intoxicating; Off Sale Non Intoxicating; and Sunday Sales. The following vot.ed in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve the pauly's Bar, Inc. 1975-76 applications for: On Sale Intoxicating; Off Sale Intoxicating, and Sunday Sales. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to approve Ann Koltyk (Jerry's Old West Bar) 1975-76 applications for: On Sale Intoxicating; Off Sale Intoxicating; On Sale Non Intoxicating, and Off Sale Non Intoxicating. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the Riviera Clubs 1975-76 application for: On Sale Intoxicating and Sunday Sales. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to approve Bluff Creek Golf Associations 1975-76 application for On Sale Non Intoxicating license. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve Kenny's Market 1975-76 application for Off Sale Non Intoxicating license. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the American Legion Post #580 1975-76 application for On Sale Non Intoxicating and Club license. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the 1975-76 application for On Sale Non Intoxicating for Saint Hubert's Church. The following voted in favor: Mayor K1ingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. I I I I Chanhassen City Council Minutes, March 31, 1975 -3- The City Attorney recommended the City have a uniform license application form for the various licenses and a uniform bond. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to have a uniform license application form for the licenses and bond starting in 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. ADMINISTRATIVE REPORT: The Administrator discussed possible shared funding through CETA a Federal Program. The training program pays approximately $2.00 per hour salary for up to six months. A contract is involved but there is no obligation on the part of the employer to continue employment after six months. This was preposed by thé'Chaska Community Schools. There is no money left for Carver County but Hennepin County has money. Hennepin County money could be used but the employee has to be a Hennepin County resident. RECYCLING PROGRAM: Councilman Shulstad discussed the recycling program. The Metropolitan Recycling Center will be terminating their participation in the recycling program. The Council may have to consider either that the program be terminated or the City become more involved in the sense of providing transportation for the material collected. The Metropolitan Recycling Center has lost~all its federal funding also lost its funding from Coca Cola and Hamms. They have agreed to provide a truck through the April recycling but after that the City is on its own. They will continue to purchase material from the City but will not provide the transportation. METROPOLITAN COUNCIL: Mayor Klingelhutz has received a proposed bill that will grant power and financing to impliment Metropolitan Council's Development Framework. A hearing will be held April 1, 1975, at 7:00 p.m. at the Capital. Mayor Klingelhutz and Councilman Kurvers will attend this hearing. Senate File No. 855 will allow the Metropolitan Council to go ahead with their Metropolitan Framework Guide and Metropolitan Significance without taking it before the State Legislators at all. BUESGENS OFFICE PARK: Bill Schoell discussed the proposed frontage road and the public hearing. The Planning Commission recommendation had certain conditions on it, one of which was the front 50 feet of the Buesgens property be reserved for service road rather than the rear. Mr. Buesgens was asked specifically if he was in favor of that and he said yes. However, since that time he has submitted plans that do not show it there. He does not want to build it at all but he doesn't want to give up that space in front. He has a drainage map submitted that you cannot read. The parking lot map is actually a land survey with a bunch of black dots on it. The City Planner and Engineer feel they should not spend their time and the City's money reviewing plans they think are inadequate. He has been trying to find some way to put the service road partly on highway right-of-way. The Engineer has given sketches to the Highway Department which they are still considering. The Council agreed that the service road should be in front of the building. Chanhassen City Council Minutes, March 31, 1975 -4- LAKE STUDY COMMITTEE: Councilman Kurvers reported that the Lake Study' Committee will· call the Department of Natural Resourses back I to a meeting with Carver Beach representatives to resolve the conflict between what they told the Lake Study Committee and Carver Beach representatives. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. Meeti~g a~rned at 11:30 p.m. ß--ß/~1r~d Barry BroWs Clerk-Administrator I I III I I I I I I I PUBLIC HEARING S'J:'REE'J:' AND STORM SEWER :U.U?ROVEMENT PROJECT 74-IA MARCH 31, 1975, AT 7:15 P.M. Acting Mayor Kurvers called the public hearing to order at 7:15 p.m. on March 31, 1975, with the following members present: Councilmen Shulstad and Neveaux. Mayor Klingelhutz came late. Councilman Hobbs was absent. The following persons were present: Mr. and Mrs. Frank Bongard, 19350 West 78th Street Mr. and Mrs. Willard Johnson, 1660 West 63rd Street C. M. Towle, Strong Towle, Inc., 320 Midland Bank Leslie J. Renner, Route #2, Box 307, Excelsior Martin Ward, Chanhassen Edward M. Callinan, Attorney, Minneapolis Mr. and Mrs. Al Sinnen, Chanhassen The City Administrator read the public hearing notice as published in the official City newspaper. Bill Schoell, City Engineer, described the project. The purpose of this project is to improve 79th Street through the Industrial Park by surfacing, placing curb and gutter, providing adequate drainage from that area to an acceptable disposal of the storm water. A number of alternatives have been studied. The general flow of water is southward and eastward to a ravine on the east side of Highway 101. Different routes that were considered were (A) diagonally across the Martin Ward property through the low area which would have precluded his freedom in developing that at some later time, (B) crossing Highway 5 then going eastward along the south side of Highway 5 to the intersection with Highway 101, then southward along the wes.t side right-of-way of Highway 101 crossing Highway 101 at a point substantially where an existing field tile crosses now. Alternate (C) differs from (B) in that it would place the north-south pipe along Highway 101 on the east side of Highway 101. The purpose of our recommendation toward the construction of Alternate (B) is providing drainage protection for approximately ten more acres of land than Alternate (C). Another part of this same project is the connection and carrying of runoff from the northeast corner of Highway 101 and 5 southward under Highway 5 and westward under Highway 101 so that it can join this same pipeline and be disposed of in the ravine. The City Attorney stated that the reason this matter is again before the public and Council was that the last public hearing on this matter was closed July 1, 1974, subsequent to that time no action was taken by the Council because of litigation that was pending and other considerations. The law provides that unless the Council takes action within six months after the close of the hearing the matter is deemed to have been not resolved. This was not done. One of the questions that had arisen during our earlier discussions related to the voting requirement for the approval of the project. There is a difference of opinion as to whether the pipe should be placed on the east side of Highway 101 or the west side. Under the applicable Statute there was a question of whether or not we had a sufficient number of petitioners to warrant the passage of the approval of this project under a simple majority vote. We have sent the matter to the Attorney General for an opinion as to what constitutes a 35% petition. We have had no response from the Attorney General to our request. The legal issue involved is that Mr. Ward, property owner on the west side of Highway 101, commenced a lawsuit against the City of Chanhassen for an alleged conspiracy with the Highway Department to cause the construction of Highway 5 in such a fashion and in such a location as to inundate his lands therefore Public Hearing Project 74-lA, March 31, 1975 -2- causing him substantial monitary damages. He accompanied that lawsuit with a lawsuit against the State of Minnesota alleging essentially the same fact. This has missed the Spring Term of Court in Carver I County. The Council should be aware that the Highway Department will not offer any financial assistance to this project nor will the Highway Department grant to the City a permit to use its right-of-way for the placement of pipe unless the Ward litigation is settled or otherwise disposed of. Mr. Ward has informed us through his attorney that if the pipe is placed on the east side of Highway 101 he will dismiss his lawsuit. The problem with that is that it will decrease the assessment area and increase the cost of the project some $200 per acre. Councilman Shulstad asked what are the long range implications of putting the pipe on the east side of Highway 101. Bill Schoell - Ultimately when this area developes,Mr. Ward has no plans to develop this property, there must be some kind of pipe under Highway 101 and this area will be drained at that time. Councilman Shulstad - So long as the property is left in an agricultural state would you continue to say that the location of the drainage pipe on the west side would benefit that property. Bill Schoell - Yes it would in that it would replace part of the inoperative or almost inoperative tile on the west side of Highway 101. Mayor Klingelhutz - What is the estimated cost of legal fees if we approve Alternate (B). Russell Larson - Estimating that there is $1,000 involved already, my guess is that it could run up to $5.000. I Mayor Klinge1hutz - Mr. Ward has stated that if we went on the east side of Highway 101 that he would drop the lawsuit and we could proceed with the project. Russell Larson - We will put the question to Mr. Ward and his counsel right now. Mr. Callinan - That offer was open for a long time and it did not materialize. Mr. Ward and I have to confer on the subject. I guess we can't answer the question at the moment but I will get you a letter by Wednesday. Charles Towle - As of now I have 66% by acre of the property owners involved in the improvement area for Alternate (C) have signed a petition. I wish to proceed with the development of the park, to see that the road is installed. It has been delaye~ over a year now. We are virtually stalled to sell land. We are willing as one of the major property owners to stand this additional cost. Leslie Renner - I will refrain any comment, my frustration is overwhelming. I Mr. Callinan - I will confer with Mr. Ward and I will have a letter to Mr. Larson by Wednesday. I I I I Public Hearings Project 74-lA and 75-1, March 31, 1975 -3- A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the hearing be adjourned until April 7, 1975, at 7:50 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Hearing adjourned at 8:20 p.m. ~)-) í-". .~ f y:.¿//-/);/ , ..J;¿¿ICr¡i(f Barry J;rrooks Clerk-Administrator PUBLIC HEARING PROPOSED STREET IMPROVEMENT PROJECT 75-1 MARCH 31, 1975, AT 8:20 P.M. Mayor Klingelhutz called the public hearing to order March 31, 1975, with the following members present: Shulstad, and Kurvers. Councilman Hobbs was absent. persons were present: Richard P. Matthews, 8017 Cheyenne Dean Hermanson, 8025 Cheyenne Roger B. Huffman, 8021 Cheyenne Mrs. P. C. O'Dell, 8012 Dakota Mrs. Ray Jeziersky, 8013 Dakota Thomas Lenzmeier, 8014 Dakota Mrs. Thomas Lenzmeier, 8014 Dakota Conrad Fiskness, 8033 Cheyenne Paul O'Dell, 8012 Dakota Clarence Hoetstra, 8045 Cheyenne Mr. and Mrs. Will Johnson, 1660 West 63rd Street Mr. and Mrs. Frank Bongard, 19350 West 78th Street Lyle Olson, 8036 Dakota W. M. Crawford, Minnesota state Highway Department E. R. Howe, Minnesota State Highway Department E. E. Of stead, Minnesota State Highway Department Mr. and Mrs. James Dougharty, 8052 Erie Henry K. Atwood, 8007 Dakota Ròy Roeser, 8030 Erie Mr. and Mrs. Al Sinnen, Chanhassen Eugene Reilley, 1014 W. Excelsior Ave., Hopkins Robert Mason, 4913 W. Coventry Road, Minnetonka Steve Thompson, 7604 Great Plains Blvd. Tom Russell, 8037 Cheyenne Gary Meister, 8005 Erie Mike Johnson, 8041 Cheyenne Brian Foltz, 8037 Dakota R. A. Peterson, 8033 Erie Mark Geyer, 8101 Dakota Dennis Loechler, 8028 Erie Robert Hagins, 8021 Erie B. G. Frykman, 8020 Erie G. H. Wassink, 8004 Dakota at 8:20 p.m. on Councilmen Neveaux, The following The City Administrator read the public hearing notice as published in the Official City newspaper. Public Hearing Project 75-1, March 31, 1975 -4- Bill Schoell, City Engineer, explained the project. The Highway Department is proposing construction of a center divider east and west of Highway 101 on Highway 5. People in Chanhassen Estates would only I be able to turn east on Highway 5. It will be necessary to provide some other way for these people to get in and out. That means is a service road along the south side of Highway 5 from Highway 101'east to Dakota. The Highway Department has'met with the residents of Chanhassen Estates to discuss this project. Mr. Bill Crawford, Minnesota State Highway Department, made the following statements. liThe Minnesota Highway Department in developing the proposed plan for Trunk Highway 5 through the Chanhassen area worked closely with the City of Chanhassen in trying to develop a plan that would provide for safety and reasonable access to existing development. It was felt that providing a major signalized intersection at the junction of TrupkHighway 101 and Trunk Highway 5 and constructing a center median through the intersection of Trunk Highway 5 and Dakota Avenue so as to eliminate left turns at this intersection allowing with the City of Chanhassen's plan to construct an access road from Dakota Avenue west to Trunk Highway 101 and allow right turns in and out at Dakota Avenue would provide safe and reasonable circulation of local traffic and still protect the integrity of Trunk Highway 5. The Highway Department's proposal was planned to fit in with Chanhassen's long range Generalized Guide Plan. In answer to the points raised by Chanhassen Estates Residents Association we offer the following: Education of the pedestrian and bicyclist to get them to use the access road to Trunk Highway 101 signal would be of course necessary. The proposed service road entrance into Trunk Highway 101 is located at a point where there is approximately 650 feet of site distance. This is very adequate for the existing 45 MPH speed limit on Trunk Highway 101. Traffic approaching the intersection will be slowing down as they approach Trunk Highway 5. The median island on Trunk Highway 5 and Dakota Avenue provides a refuge which is 18 feet wide for pedestrians that would cross at Dakota Avenue. They would only have to cross one way traffic at a time. The proposed median is six inches in height and would not be a significant barrier to cross. If the pedestrian traffic is such that a problem would exist, then additional measures ·to control or aid the pedestrian such as construction of a pedestrian bridge or construction of fencing would be considered. The proposed access to the Beiersdorf development is to be temporary only and would provide reasonable access which we are required to do until such time as local streets are developed to provide another means of access. It appears it is not feasible to provide these streets until development is underway. As to the comments by CERA about the environmental impact, the Highway Department does not intend to work outside its present right-of-way limits. Only proposed grading south of Trunk Highway 5 outside the present right-of-way between Trunk Highway 101 and Dakota Avenue will be necessary at some future date if the property is developed. The same as Chanhassen Estates was allowed to develop. We agree the traffic signal at Trunk Highway 101 would increase noise and air pollution. However, the benefits from the traffic control far outweigh the negative effects. The proposed plan by the CERA to install a traffic light at Dakota Avenue would only add another stop for the trucks thereby bringing the noise much closer to Chanhassen Estates development. It now appears that local I I I I I I I Public Hearing Project 75-1, March 31, 1975 -5- access roads south of Trunk Highway 5 will not be constructed at the same time the Trunk Highway 5 improvements are made. The Highway Department is therefore willing to consider an opening in the median at Dakota Avenue. Signals will not be provided at the intersection as it currently ranks 45th on our priority list in District 5. This means that it could be many years before signals would be installed. We still believe that the original proposal by the Highway Department is the best solution and encourage the City of Chanhassen to continue their effort to provide access via local streets to the area south of Trunk Highway 5. In leaving the median opening the Highway Department makes no guarantee that the opening will remain. If an accident problem developes we would not hesitate to close the median crossing by police power. The residents of Chanhassen Estates should consider the fact that if Dakota becomes a signalized intersection with Trunk Highway 5 it will only mean a steady increase of traffic at the intersection and on Dakota Avenue. Dakota Avenue does not lend itself to become a collector, which it would become if it is a signalized intersection, because it goes through the center of'~ residential development and ends less than 1/2 mile south of Trunk Highway 5. Again we urge the City to continue its efforts to provide local access roads to local developments along Trunk Highway 5 in order that the interests of both the residents of Chanhassen and the traveling public are protected. II Bill Schoell - Do you have any comments about making a protected left turn for west bound drivers on Highway 5 at Dakota. Mr. Crawford - I guess we will try and do this. I realize the seriousness of the problem. If we can include this with this contract and still meet the letting schedule we will do this. Otherwise we would delete those so as not to jeopardize the timing of the main safety improvement. Bill Schoell - Based on that recommendation of that idea that that opening would remain and that protected left turns would be possible at that point, we recommended that we not at this time build that service road on the south side from Dakota to Highway 101 but that efforts be made to continue to obtain right-of-way and easements to build that road because it certainly will be necessary at some future time. Dick Peterson - I would like to add my support to this. Ideally the people of Chanhassen Estates would like to have a signalized controlled intersection. At this time probably the development is not severe enough where this is necessary. I feel we should maintain access at that intersection with the left turn lanes as the State has proposed. Dean Hermanson - I too concur with the policy of the engineer at this point. I think the left turn lanes are certainly going to help diminish the problem there. I guess we will have to address the pedestrian problem at a later date as the area grows on the south side of Highway 5. Is there any thought to directing the traffic at the north side of Highway 5 at Dakota Avenue so there would not be any cross traffic? Public Hearing Project 75-1, March 31, 1975 -6- Mr. Crawford - I guess we could look into that. It might be wiser to make it one way and then I am sure if we did that why the County would require that it be taken off the County system. It now is a County road. I don't think they I would object to that. I am concerned about what the reaction might be from those that are developing properties on the north side of Highway 5 now. It would have to be very carefully looked at. Several persons present complimented the Highway Department on their compromise solution and urged the City Council to work closely with the Highway Department on this project as amended this evening. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to adjourn the public hearing. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No neg a ti ve votes":--ì Hea¡3.ng adj ourned at 9: lOp. m. ~/0u)~ Barry Bro~ Clerk-Administrator I '"i I ¡ , I