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Administrative SectionIz /1 sl4 7 enne yin Coun An Equal Opportunity Employer December 5, 1997 Mr. Roger Gustafson Carver County Engineer 600 East Fourth Street Box 6 Chaska, MN 55318 RE: Highway 101 Improvement Gentlemen: Mr. Eugene Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Mr. Charles Folch City Engineer 690 Coulter Drive, Box 147 Chanhassen, MN 55317 On November 24, 1997 Roger and I met with the Chanhassen City Council to discuss a number of issues related to the reconstruction of highway 101. During the meeting I was asked to develop a tentative schedule for the various highway 101 improvement activities which would reflect an aggressive, yet reasonable, construction start. Accompanying this letter is a schedule developed by the County's consultant. As you examine the tentative schedule, you will observe that it is truly aggressive. If we are to maintain the tight schedule developed, we will have to work together diligently to reconcile issues as they arise. At this point Hennepin County staff and its consultant are committed to the timely completion of the preliminary design of the improvement. In addition, we are prepared to commence discussions necessary for the timely development of a consultant contract for detail design of the improvement; however, the County will not approve a detail design contract with its consultant until all parties approve the preliminary design. I hope you find the tentative schedule satisfactory for your purposes. Sincerely, q - t4 James N. Grube, P.E. Transportation Division Manager JNG:mvr Enclosure cc: Vern Genzlinger Tim Phenow, SRF Consulting Group, Inc. CITY OF UN��� o ( r ' u � i� 7 01 ["' I DE 0 , 9 IEEI DEPT Department of PubUc Works 320 Washington Avenue South R - ycledhper Hopkins, Minnesota 55343 -8496 (612)930 -2500 FAX:(612)930 -2513 TDD:(612)930 -2696 TH 101 /CSAH 101 (TH 5 to Pleasant View Road) PROPOSED SCHEDULE CONSULTING GROUP, INC. Hennepin County /Carver County 0972786 12/3/97 j. urYP NP L E Updates from City Hall -- December 3 -10, 1997 Administration I have submitted the updated issues to the Park & Recreation Dept. • 2.2 Acre Parcel in Villages on the city attorney and have requested him to I • About 125 people attended the city's Pond: As of a week ago, the issue as to prepare a confidential opinion to the city annual tree lighting ceremony last whether or not the Wards needed to council as to our chances of being sus- Saturday. New features of this event dedicate the 2.2 acres to the city vs. the tained if this does go to court. included a bonfire, a decorated conces- city having to purchase such appeared to sion trailer, and Santa's arrival on the be clear. Specifically, Bob Generous TIF: Final impacts of the state aerial ladder truck. showed me the proposed plat, at the time legislature's reduction in commercial/ that the wetland alteration permit was industrial taxes should be completed by • We served 817 people at the annual being considered, which clearly includes early this next week. Those reports have Breakfast with Santa at the Recreation the 2.2 acres. The Planning Commission/ been prepared primarily by Pam, but under Center last Sunday. City Council discussions were also clear the direction of our city auditors. Addi- Engineering Department in that the city was providing significant tionally, the city's financial consultant has concessions to the re developer in regards P g been reviewing alternatives as it may deal •Deadline for compliance with Sump to wetland alteration and that their with refinancing one or more issues likely Pump Ordinance is February 1, 1998. dedication of the 2.2 acres for conserva- to be impacted b this legislation. The P Y g tion purposes was reasonably justified. League of Minnesota Cities has scheduled n • Loren En (Heavy Equipment These conditions /approvals were known a meeting for next Wednesday whereat we will explore a common means by which to tart employment with the Operator) to o s start by St. Hubert's and can be attested to by their own letter stating, "In taking this present what the impact of the state City on 12/15/97. action, the council did so with the legislation has been on many cities, similar understanding that the church and the to Chanhassen, having districts that are • Retirement luncheon for Art Kerber developer of the Villages would need to nearing their expiration date. Changes in tentatively scheduled for February 3, renegotiate their land purchase agree- state law as it deals with school referen- 1998 at 12:00 noon. RSVP to Nikki ment to implement the northerly soccer dums and how that impacts tax increment Dummer (474 -4127) by 12/18/97. field concept." What appears to have districts has also hindered Springsted's/ muddied the water is the fact that the Tautges' ability to prepare a final report • Initiating preliminary in -house study Wards didn't want to renegotiate. The for city council consideration. A work for water quality improvements along church appears to be in the position of session in January is highly likely. Lotus Trail. purchasing either 8 acres or 10 acres, but the price stays the same. I am suspecting • Position Classification & Pay Compen- Public Safety Department that the church sees that the only means sation Plan: This plan has been updated by which they can reasonably be and will appear on the first agenda in . No news to report. reimbursed their perceived value of the January. Planning Department property ($90,000) is to convince the city that it is their property and that they • Philadelphia: I had a couple questions ' the April 14, 1997 City Council should be compensated the $90,000 if as it dealt with reimbursement for council meeting, ting, the Solid Waste Grant Agree - they are being forced to conserve it. As costs in attending the NLC Conference. I g ment with Carver County was tabled of the current time, the 2.2 acre outlot is am attaching a copy of my expenses. I due to the Council's request of more in the Ward family name. Adding to the have not included vehicle costs for information as to whether or not the confusion is the fact the actual plat filed November. Hopefully this will help you p y p y grant covered all of the costs of the with the county now has the 2.2 acre remember all of your expenses. compost site. A breakdown of costs parcel designated as Outlot L and the p g was provided at the following April 28 former Outlot H is a much smaller • Christmas Party: Remember that the meeting. It showed the compost site parcel. The paper trail could become staff Christmas party is on Thursday, was indeed fully covered by the grant. very confusing if this issue ends up in December 11 at 12:30 p.m. at the court. Recreation Center. Now that the season has ended and the curtain is being pulled on the compost site indefinitely, a more detailed break- down of costs and revenues for the '97 season has been compiled. It shows that revenues from the site covered all but $200 of the operation costs. And the city will still receive reimbursement from the county for the $3,922.00 of costs incurred. The bottom line is a gain of $3,500 in revenue, some of which will be used to produce woodchips for use by city crews and residents. A comparison of the compost site's costs and revenues from 1994 to 1997 has also been prepared. It appears the site would have been self - sustaining and turning a profit given the time. This was the best year of the site in terms of revenue and use by residents. As can be seen on the site record, nearly 2,600 bags of leaves and grass were collected along with 260 truckloads of yard materials. This is a significant stream of organic waste. The next challenge will be to successfully re -route this stream to the county recycling center in Chaska. Promotion of the site will begin in the spring newsletter. Part of next year's county grant will be used to subsidize resident's cost at the recycling center in order to match what was charged at the Chanhassen site. • Greg Havlik has resigned from the Environmental Commission due to conflict of obligations. An invitation to candidates will be advertised in the Villager in January/February and the position should be filled in March, the beginning of the 1998 term. Finance Department • Staff will meet with consultants on December 15th to discuss TIF projec- tions. • Received 1997 farm settlement payment from Carver County. St. Hubert Catholic Community Parish Office: 7707 Great Plains Blvd. • Chanhassen, Minnes 5 5 3 17 • (612) 934 -9106 fiber 23. 1996 Don Chmiel Mayor. City of Chanhassen 7100 Tecwnseh Lane Chanhassen MN 55317 Dear Mayor Chmiel: At the September 9 Chanhassen Council meeting, the City Council tool: action approving the St. Hubert's Church Site Plan with a condition that the proposed soccer field be located north of the creel: as opposed to the originally approved site on the southerly knoll. In taking this action, Council did so with the understanding that the church and the developer of the Villages would need to renegotiate their land purchase agreement to implement the northerly soccer field concept. The Council stated that if an agreement could not be reached between the two parties, the Council could hold a special meeting to consider an amended Site Plan based on original PUD approvals. Both the Ward's, the land owner, and St. Hubert's Church have recognized the City's Staff and Natural Resources Commission's preference has been to preserve the wooded knoll area even though the existing terrain would be changed significantly in the future as a result of the Highway 101 relocation. Consequently, in developing the church's Site Plan, we did prepare a concept that showed the northerly soccer field location. Following the Council's action both the Ward's and the Church directed their consultants to pursue further this alternative and to identify the related costs and planning implications. Based on that analysis, the two parties have now reached agreement regarding a plan and purchase agreement which would allow for a slightly smaller field area to be developed north of the creek. To implement the agreement, thoucy h. we would need the City's cooperation in addressing the following issues: A) . The developer's would be granted two acres parkland dedication credit with the understanding that the wooded knoll area would be dedicated to the City B) The NURP pond located west of Highway 101 would be expanded with the smaller NURP pond located east of Highway 101 and north of the creek being eliminated C These changes could be implemented in a timely manner so as to assure that site grading could begin by October 1, with footings for the church being started by November 1 The Grading Plan, Option 5, dated 9/5/96, which has been reviewed by the City Council, has subsequently been reviewed and approved by both the Church and the Wards, with minor modifications. I truly appreciate the assistance that we will receive from the City and your Staff in developing what we feel is a win -win situation for all. If though, the City Council determines that these plan modifications are not in the best interest of the City, we would ask that the Council approve the original church Site Plan locating the field area south of the creek which is consistent with the original PUD approval. Sincerely, Fr. Stephen Ulrick, Pastor St. Hubert's Church RECEIVED DEC 0 91997 c!T" gF CHANHASSEN December 8, 1997 Nancy Mancino Mayor, City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Dear Nancy: The purpose of my letter is to follow up on our recent discussion concerning future parkland credits for St. Hubert's Church and ASMAR regarding Villages on the Pond. First, I would like to thank you and Don Ashworth for taking time to meet with Father Steve Ulrick, Dave Bangasser and myself to discuss the history of this issue and attempt to clarify previous discussions. I personally felt that we had a very productive meeting. First, I will begin by summarizing the agreement that the Church feels it reached the Mayor and city staff in the fall of 1996. Specifically, that agreement was : A) St. Hubert;s or the Wards would agree to deed to the City of Chanhassen for Public Open Space purposes the 2.2 acre parcel located south of the Church and east of High way 101. B) At the time of filing the initial plat for the Villages, the Wards or the Church would agree to pay, S16, 000 park /trail fees. C) At the time of obtaining a building permit for the Church, no additional park or trail -es rnould be .c llected from- .Ct HuhentF cif ?tee 5 H17 f?a t!c is I-nnctr»rt;"G a np l and plk Aground as part of the project. D) The Wards would be granted future parkland cr edits equal to S90, 000 which will be credited against parkland land fees due in the future when additional land is final platted within the Villages subdivision. The $90,000-was intended to offset a portion of the additional Church costs associated with the relocation of the soccer field. In 1995, St. Hubert's executed a letter of understanding with the Ward family to acquire 10.2 acres for its Church and education complex. The letter of understanding was conditioned upon the Wards receiving approval for their planned unit development which was obtained in the Fall of 1996. The approved PUD did reflect a 10.2 acre site for the Church and approved the construction of a soccer field on the southerly wooded knoll. Based on that approval, the Church proceeded to execute a purchase agreement with the Wards. Through the site plan review process for the St. Hubert's facility, there was discussion and disagreement among Planning Commission, Park Board and City staff as to whether the soccer field was an appropriate land use for the knoll. Specifically, the issue revolved around the conflict of the perceived need for an additional soccer field and Church open space as opposed to preserving the wooded area. In light of this conflict, the City Council at its meeting of August 26th took action continuing discussion of the site plan and asked representatives of the Church to meet with City staff to develop a plan that could address each of these concerns. Given that request, we did revise our site plan to provide for a future soccer field north of the knoll, while at the same time preserving the wooded area. In developing the concept though, it is clear that not only would the Church have less usable land, but there was a significant expense in implementing the revised grading and development plan. In a letter to Mayor Chmiel, Father Steve Ulrick indicated the Church's willingness to proceed with the revised plan provided the City follow through with its commitment to grant future parkland credits. Attached is a copy of the letter from Father Ulrick to Mayor Chmiel. On September 9, 1996, the Chanhassen City Council approved St. Hubert's site plan based on moving the soccer field to the north. In taking this action, the City Council directed the staff to "work out an acceptable agreement" with St. Hubert's relative to the relocation costs. As one of the representatives of the Church, I did meet with your staff and we reached agreement on how the knoll area would be preserved in exchange for parkland credit to the Wards. This agreement was summarized in my letter of December 2, 1996 to Don Ashworth which is attached. Mr. Ashworth has confirmed that the letter accurately reflects the agreement reached between the Church and the City. Further, St. Hubert's amended their purchase agreement with the Wards which provided that the Church would acquire 8.2 acres and would be responsible for all costs associated with redesigning grading and development of the revised site plan. The additional site development cost incurred by the Church based on the revised site plan were in excess of $90,000. The Wards agreed to pq,v the Church for parkland credits receh ed as a result of the knoll dedication, consequently any benefit form the credits will accrue 100% to the Church and not to the Wards Based on the acceptable agreement with the Mayor and City staff as outlined in my letter of 12/2/96, St. Hubert's proceeded to acquire the land and construct our new facility with the clear und:xstanding was that the City Council would be approving future Villages on the Pond Additions with the condition that parkland cash payments would be waived up to $90,000. As we discussed this issue, it became clear that one of the points of disagreement was the requirement in previous City approvals for a conservation easement on Outlot H and the perceived assumption that Outlot H included the wooded knoll. First, I have reviewed the approval conditions for the PUD and there was clearly no requirement for a conservation easement on Outlot L which is the wooded knoll.. The Wetland Mitigation Permit does specifically require a conservation easement on Outlot H. Recently, I did ask Vernell Clayton of Lotus Realty to review with BRW whether they prepared a Preliminary Plat showing the wooded knoll area included in Outlot H. They indicated that all of the submittals that they had made to the City clearly identified the wooded knoll area as a separate outlot and thus, at no time did either the City approvals or the wetland permits require such a conservation easement. A conservation easement was required across the wooded area south of Hwy. 101 but only if it was determined to be feasible to relocate the soccer field to the north. The Church did determine that the relocation was economically feasible based on the City's commitment to provide parlf land credit. Iii conclusion, St. Hubert's would vsk that the - City Council reconsider its action on the Villages on the Pond Second Addition and provide the previously agreed to parkland credit. Upon receipt of the 2.2 acres of parkland credit, St. Hubert's and ASMAR remain committed to dedicating to the City for parkland and open space L. St. Hubert's truly looks forward to resolving this misunderstanding and looks forward to meeting with the full City Council in the near future to discuss these agreements. Thank you fob your cooperation. Committee DP: j ms Enclosure December 2, 1996 Don Ashworth City Manager City of Chanhassen Chanhassen City Hall P.O. Box 147 Chanhassen, MN 55317 -0147 Dear Don: The purpose of my letter is to summarize our recent discussion concerning parkland dedication and payment of park fees for St. Hubert's Church. Specifically, we agreed: A) St. Hubert's or the Wards would agree to deed to the City of Chanhassen for Public Open Space purposes the 2.2 acre parcel located south of the Church and east of Highway 101. B) At the time of filing the initial plat for the Villages, the Wards or the Church would agree to pay $16,000 park /trail fees. C) At the time of obtaining a building permit for the Church, no additional park or trail fees would be collected from St. Hubert's since St. Hubert's is constructing a park and playground as part of the project. D) The Wards would be granted future parkland credits equal to $90,000 which will be credited against parkland land fees due in the future when additional land is final platted w ?thin the Villages subdivision. These items I believe represent the agreements between the City, the Wards and St. Hubert's Church relative to the donation of the 2.2 acre parcel. It is the Church's intent to obtain its building permit for the project in early December. further, we understand the Church will be responsible for paying $110,000 in sewer and water availability charges. Our intent will be to request that these costs be assessed based on normal City policy. I truly appreciate your staffs cooperation in assisting the Church as we have developed our overall master plan and look forward to truly creating a special project. If you have any questions concerning these understandings please feel free to contact me at your convenience. Sincerely, Dave Pokorney Building Committee St. Hubert Catholic Community Parish Office: 7707 Great Plains Blvd. • Chanhassen, Minnesota 55317 • (612) 934 -9106 September 23, 1996 Don Chmiel Mayor. City of Chanhassen 7100 Tecumseh Lane Chanhassen MN 55317 Dear Mayor Chmiel: At the September 9 Chanhassen Council meeting. the City Council took action approving the St. Hubert's Church Site Plan with a condition that the proposed soccer field be located north of the creek as opposed to the originally approved site on the southerly knoll. In taking this action, Council did so with the understanding that the church and the developer of the Villages would need to renegotiate their land purchase agreement to implement the northerly soccer field concept. The Council stated that if an agreement could not be reached between the two parties, the Council could hold a special meeting to consider an amended Site Plan based on original PUD approvals. Both the Ward's, the land owner. and St. Hubert's Church have recognized the City's Staff and Natural Resources Commission's preference has been to preserve the wooded knoll area even though the existing terrain would be changed significantly in the future as a result of the Highway 101 relocation. Consequently. in developing the church's Site Plan, we did prepare a concept that showed the northerly soccer field location. Following the Council's action both the Ward's and the Church directed their consultants to pursue further this alternative and to identify the related costs and planning implications. Based on that analysis, the two parties have now reached agreement regarding a plan and purchase agreement which would allow for a slightly smaller field area to be developed north of the creek. To implement the agreement, though, we would need the City's cooperation in addressing the following issues: A) The developer's would be granted two acres parkland dedication credit with the understanding that the wooded knoll area would be dedicated to the City B) The NURP pond located west of Highway 101 would be expanded with the smaller NURP pond located east of Highway 101 and north of the creek being eliminated C) These changes could be implemented in a timely manner so as to assure that site grading could begin by October 1, with footings for the church being started by November 1 The Grading Plan, Option 5, dated 9/5/96, which has been reviewed by the City Council, has subsequently been reviewed and approved by both the Church and the Wards, with minor modifications. I truly appreciate the assistance that we will receive from the City and your Staff in developing what we feel is a win -win situation for all. If though, the City Council determines that these plan modifications are not in the best interest of the City, we would ask that the Council approve the original church Site Plan locating the field area south of the creek which is consistent with the original PUD approval. Sincerely, Fr. Stephen Ulrick, Pastor St. Hubert's Church C I- �a CP-,o- e- 4 Initials Date Prepared By 4 � 7 f ---FAppr,,,,d By 2 3 4 - r-.A 2 3 3 4 5 5 6 6 7 C , C- 8 9 1 it 2 � 9 10 /-2 10 12 Z9 12 13 j.7/ 13 14 14 15 15 16 1 6 17 L 17 is 18 19 20 20 21 �e 14, 21 22 22 23 24 1_2 g I! 24 25 25 26 26 27 2 7 28 28 29 29 30 30 31 C- t 31 32 32 33 33 34 34 35 35 36 C wk 36 37 — T 37 38 39 /h i A-':1 j 1 74, 38 39 40 40 41.1 14/ 0 41 1997 Compost Site DATE Bags Bundles Loads Roll -off Labor Cost Income Notes 19 -Apr 170 4 19 $36.00 $ 202.00 26 -Apr 368 6 19 2 $36.00 $ 400.00 $ 363.50 3 -May 201 15 20 $36.00 $ 294.00 10 -May 182 3 10 1 $36.00 $ 200.00 $ 270.00 17 -May 165 5 8 $36.00 $ 252.50 24 -May 80 5 10 1 $36.00 $ 213.00 $ 160.00 31 -May 102 7 20 $36.00 $ 280.40 7 -Jun 180 7 18 $36.00 $ 227.00 14 -Jun 64 13 15 2.25 $36.00 $ 481.00 $ 193.11 21 -Jun 49 6 13 $36.00 $ 112.00 28 -Jun 31 0 7 $36.00 $ 97.00 5 -Jul 20 2 2.5 $36.00 $ 37.00 12 -Jul 80 7 13 0.5 $36.00 $ 110.00 $ 120.25 17 -Jul 47 8 5.5 $36.00 $ 63.50 26 -Jul 50 13 12 $36.00 $ 104.25 2 -Aug 27 7 11 $36.00 $ 95.00 9 -Aug 114 3 3.5 1 $36.00 $ 200.00 $ 80.00 17 -Aug 22 0 0.5 $36.00 $ 16.00 23 -Aug 44 1 4.5 $36.00 $ 56.00 30 -Aug 38 1 1 $36.00 $ 29.50 6 -Sep 62 2 7.5 $36.00 $ 94.50 13 -Sep unattended 20 -Sep 26 6 7.5 1 $36.00 $ 200.00 $ 79.75 27 -Sep 55 5 4 $36.00 $ 69.50 4 -Oct unattended 11 -Oct 79 3 5 $36.00 $ 45.00 18 -Oct 120 3 10 1 $36.00 $ 200.00 $ 134.50 27 -Oct 108 0 5 1.5 $36.00 $ 310.00 $ 74.00 1 -Nov 63 0 6.5 $36.00 $ 101.35 8 -Nov 47 0 1.5 3 $36.00 $ 600.00 $ 70.00 2594 132 259.5 14.25 $ 1,008.00 $ 2,914.00 $ 3,721.61 COST REVENUE TOTAL $ (3,922.00) $3,721.61 ($200.39) Page 1 Compost site summary COMPOST SITE ACTIVITY 1994 - 1997 Costs include: seasonal labor roll -off service Revenue includes: gates fees 1994 Compost Site: April 30 - Nov. 12 Revenue $2,105.00 Cost ($5,312.61) Total ($3,207.61) 1995 Compost Site: May 5 - Nov. 11 Revenue $2,134.51 Cost ($6,486.00) Total ($4,351.49) 1996 Compost Site: April 13 - Nov. 16 Revenue $2,182.15 Cost ($5,829.00) Total ($3,646.85) 1997 Compost Site: April 19 - Nov. 8 Revenue $3,721.61 Cost ($3,922.00) Total ($200.39) Collection Bags 1,892 Truckloads 89.5 Bags 1,478 Truckloads 87.5 Bags 1,248 Truckloads 133 Bags 2,594 Truckloads 259.5 Page 1