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