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1a Stone Creek Improvement ProjCITYOF CI ,H EI 1 City Center Drive, PO Box 147 ;hanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 612. 93Z 5739 'ngineering Fax 612.93Z9152 tblie Safety Fax 612.934.2524 %b www. ci. chanhassen, mn. us MEMORANDUM TO: FROM: Scott Botcher, C~ty Manager Anita L. Benson, City Engineer ~V" DATE: August 2, 1999 SUB J: Approve Change Order No. 1 for Stone Creek Drive Improvement Project No. 98-15 The Stone Creek Drive public improvement project was initiated in response to petitions submitted by Family of Christ Lutheran Church and Land Group, Inc. to construct the public improvements necessary to allow development of the site owned by Family of Christ Lutheran Church. The contract for this project was formally awarded to Widmer, Inc. for a total amount of $239,458.50 at the June 28, 1999 City Council meeting. Both of the property owners who originally petitioned for the project have requested storm sewer improvements associated with the pond outlet control structure be included in the City's public improvement project. Change Order No. 1 has been prepared to accommodate the request of the petitioning property owners. All costs associated with the construction of the Stone Creek Drive public improvement project are to be specially assessed to the petitioning property owners. The inclusion of the storm drainage improvements necessary for the outlet control structure will'simply increase the assessment to these property owners. I recommend approval of Change Order No. 1 in the amount of $7,235. Attachments: 1. Change Order No. 1. 2. Letter from Family of Christ Lutheran Church dated July 9, 1999. 3. Letter from land Group, Inc. dated July 9, 1999. c: Jim Sulerud, Family of Christ Lutheran Church Liv Horneland, Land Group, Inc. Dave Hempel, Assistant City Engineer Mark. Grzybowski, Bonestroo g:XengXpublieX98-15kapprove change order no. l.doc · ' City ofChanhassen. A growing communuy with clean lakes, qualit~ schooh, a charming downtown, thri.vjng businesses, and beautiful parks. A ~reat olace to live. work, and olay. -alL~ Rosene ~ Anderlik & .... [Contractor: Widmer In¢, 4250 tree, kview~Circlel PO B0X219,~t Engineers & Architects CH~GE O~ER NO.1 STONE C~EK D~E NORTH OF COULTER- - - ' ' CLIENT PROIECT NO.9 8-1 B~ FileNo. 393-98.809 - - Description of Work · ; Compensate-Contractor for cons~c~ng pond outlctco~ol/st~c~e ~pond no~ofF~ly, of C~st Lu~ At rcqu~ of Devclopcr (F~ly of C~st. LuCern Ch~ch), ~e pondouflet ~11 be added to ~is con~act. - - No. Item Unit Quentin- Price 'Change Order No. 1 . '- I Pond outlet consol s~ct~e ~ - 1 ~3,422.00 2 21" RCP, Class 3 ' LF - ~ Rip rap, Cl~s 3 CY I0 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $239,458.50 $7,235.00 $246,693.50 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: Approved by Owner: WIDMER INC CITY OF CHANItASSEN CC: Owner Contractor Bonding Company Bonestroo & Assoc. FL#ILY OF LUI'ttE R Atq CHRIST CHURCH July 9. 1999 775 LAKE DRIVE :EAST / P.O. aOX .388 Ctl.ANflXSSEN, MINNESOTA (~12) 9~t)-S659 Dax4d C Hempel Assistant City Engineer City of Chanhassen 690 Coulter Drive Chantmssen MN 55317 Re: Bluff Creek Corporate Cemer Pond Outlot Structure Dear Dave: In conjuncuon with Family of Christ Lutheran Church's performance under our development agreement xxath the City. we will be contra~ing prix~tely for general site grading and the construction of a water off pond to serve the whole of the Bluff Czeek Corporate Center project Our contra,,~ for grading does not mctude the construction/installation of a necessary pond control structure.. We. together with Bluff Creek Parmers. request the CiD' to provide for such construction/installation as a pan of the Stone Creek Drive road and utilities construction projem' recently approved by the City We understand that the cost of this acidition to the Cit3."s project x~511 be an addition m cost to be subsequently assessed. ~'~ YOU for your assistance. Sincerely, - --..... ,.- J~mes 5~ Sulcmd F~.~ F~nily of Christ Lutheran Church IAX{fI2) 9~b-6150WILq PRIOR ~40Tl£g WW!q.L~aILY-Of-CHRIST,ORG 11 HATE C.&STEH5 (CASTEHS@I[t~.HET) PASTOR JOSH HEtSOH (PASTORJ@IB/a. HET) LandGroup Land Group, Inc. 123 North Third Street Minneapolis, MN 55401 (612) 333-2244 July 9, 1999 David C. Hempel Assistant City Engineer City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Re: Bluff Creek Corporate Center, Pond Outlet Structure Dear Dave: In conjunct/on ~vith the Family of Christ Lutheran Church, Ave are requesting that the City construct the pond outlet structure on the Bluff Creek Corporate Center site and add it to the Stone Creek Drive public improvement to be assessed. ]'hank you for your assistance in this matter. Sincerely yours, ..... Liv Homeland President Copy: Jim Sulerud, Family of Christ Lutheran Church Ken Adolf; Schoell & Madson CITY OF CH~,NHASSEN JUL ! 2 1999 ENGINEERING DEPT. CITYOF 0 City Center Drive, PO Box 147 ~hanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 612. 937. 5739 ingineering Fax 612.937.9152 ublic Safe~y Fax 612,934.2524 '% www. ci. chanhassen, mn. us MEMORANDUM TO: FROM: Scott Botcher, City Manager Todd Hoffman, Park and Recreation Director DATE: August 3, 1999 SUB J: Approve Frigstad Encroachment Agreement Mr. Ronald Frigstad, 9270 Kiowa Trail,.is requesting an Encroachment Agreement to perform landscaping within the boundary of Bandimere Park. The Park and Recreation Commission reviewed this item on July 27, 1999. The commission advised that a language change be made to item #4 of the agreement removing the words "with cause." RECOMMENDATION The Park and Recreation Commission recommends that the City Council approve the Encroachment Agreement with Mr. Frigstad as amended for the installation of landscaping within Bandimere Park. ATTACHMENT Report to Park and Recreation Commission dated July 9, 1999. G:\park\thWrigstadEncroachAgree8-3-99 City of Chanhassen. A growing communi{y with clean lakes, quality schooh, a charmin~ downtown, thrivin~ businesses, and beautiful parks. A ereat dace to live. work. and ola~. CITYOF 690 Ci{T Center Drive, PO Box147 Chanhamn, Minnesota 55317 Phone 612.93Z 1900 GeneraI Fax 612.93Z5739 Engineering Fax 612.93Z9152 Public Safity Fax 612.934.2524 mb www. ci. chanhassen, mn. us MEMORANDUM TO: FROM: DATE: SUB J: Park & Recreation' Commission Todd Hoffman, Park & Recreation Direct ' July 9, 1999 Request forLandscaping Encroachment, Mr. RonaldFrigstad, 9270 Kiowa Trail Mr. Ronald Frigstad, 9270'Kiowa Trail is requesting an Encroachment Agreemen~ to perform landscaping within the boundary of Bandimere Park. A site m~p and proposed encroachment plan are enclosed to familiarize you with the location of his request. . . . Mr. Frigstad's original requestincluded a fence and hedge at the outer limit ofthe~ eneroachmentarea. I have communicated to Mr. Frigstad thata fence, hedge, or other planting which appear to create a property border will not bePermitte~t, Th~'- area of the proposed encroachmentis in a "no mow" low maintenance site. Encroachment agreements forlandscaping buffers are granted from time to time when mutual benefit results. In that this site was setasideto be a Iow maintenance buffer strip between the park and adjoining residents, Mr. Frigstad's request is reasonable. Mr~ Frigstad has been made aware thatin the everit the Cit~_ wishes to clear cutthis site in the future foranyreason, hehas noXecoUrse. '-- RECOMMENDATION It is reeommendedthat thePark and Recreation Commission reeommendtheCit~ Council approve aneneroachment agreement betweenMr. RonaId FrigStadand- the City of Chanhassen' for landscaping at Bandimere Park. g:\park\th\frigstad I.doe - CITYOF 5{y Center Drive, PO Box I47 ~nhassen, Minnesota 55317 Phone 612937. I900 'enerd Fax 612.937. 5739 qneering F~t 612.93Z9152 lic Safe{y tax' 612.934.2524 ,~ www. ci. chanhassen, mn. us June 24, 1999 Mr. Ronald Frigstad 9270 Kiowa Trail Chanhassen, MN 55317 Dear Mr. Frigstad: Enclosed please find a copy of the proposed Encroachment Agreement between you and the City of Chanhassen for landscaping. I have scheduled this item for review by the Park & Recreation Commission on July 27, 1999. Assuming they approve your request, the city council would receive this item on August 9, 1999. Please note that the purple lilac hedge that gives the appearance of a property boundary must be located on your property. Upon preparing a staff report for the Park & Recreation Commission, a copy will be forwarded to you. Call me if you have any questions. Sincerely, Todd Hoffman Park & Recreation Director TH:k Enclosure c: Scott A. Botcher, City Manager g:\park\th\frigstad.doe 07/09/99 11:11 FAX 651 452 5550 CAMPBELL Kh~ITSON ~002 ENCROACHMENT AGREEMENT AGREENFENT made this day of ,1999, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and RONALD J. FRIGSTAD, a single person ("Owner'.'). 1. BACKGROUND. Owner is the fee owner of Lot 1, Block 1, BANDIMERE SECOND ADDITION in the City of Chanhassen, County of Carver, and State of Minnesota ("Subjec~ Property"), with a street address at 9270 Kiowa Trail, Chanhassen, MN 55317. The City owns property abutting the Subject Property on thc noah and west boundaries of thc Subject Property ("City Property"). Owner wants to install landscaping, consisting of shrubs and trees, on a portion of the City Proper~y as shown on thc site map and proposed encroachment plan attached hereto and incorporated herein as Exhibits "A" and "B." 2. ENCROACHMENT AUTHORIZATION. Thc City hereby approves 'the encroachment onto City Property to the extent indicated on the site map attached hereto as Exhibit "A" and consistent with the encroachment plan set forth in Exhibit "B" for the installation of landscaping. In consideration of being allowed to encroach on thc City Property, Owner, his heirs, assigns, and successors in interest, hereby agrees to maintain thc landscaping on thc City Property. 3. HOLD HARMLESS AND INDEMNITY. As further consideration of being allowed to encroach on the City Property, Owner, for himself, his successors and assigns, hereby a~ecs to indenmify and hold the City harmless from any and ail claims and damage arising our of thc Owner's encroachment onto City Property. 4. TERMINATION OF AGREEM. ENT. The City may,.u~,ttt-emt~, terminate tlfis A~eement at any time by giving the Owner of thc Subject Property thirty (30) days advance ~575 )7/09/99 11:12 FAX 651 452 5550 CAMPBELL KN[TTSON ~003 written notice. The Property Owner shall remove the landscaping to thc effective date of the termination of this Agreement. If the Owner fails to do so the City may remove the landscaping at Owner's expense. 5, RECORDING. This Agreement shall be recorded against the tire to the Subject Property and shall be binding upon thc Owner, his heirs, assigns, and successors in interest. CITY OF CHANHASSEN BY: Nancy K. Manch~o, Mayor AND Scott A. Botcher, City Manager PROPERTY OWNER: Ronald J. Frigstad - STATE OF MINNESOTA ) COUNTY OF CARVER ) Thc foregoing instrument was acloaowledged before me this day of , 1999, by Nancy K. Mancino and by Scott Botcher, respectively the Mayor and CiW Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 07/09/99 11:12 FAX 651 452 $$$0 CAMPBELL KNUTSON ~00'4 STATE OF MINNESOTA ) COUNTY OF' ) Thc foregoing instrument was acknowledged bcfbre me ,1999, by Ronald J. Frigstad, a single person. this day of NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve, Suite//317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 .I= 1 CITYOF 690 Ci7 Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937,1900 Ge,eral tax 612.937. 5739 Engineering lax 612.93Z9152 Public Safe(y Fax 612.934.2524 Ir'cb wwu:ci, chanhassen, mn. us MEMORANDUM TO: FROM: DATE: ROger Knutson, City Attorney Todd Hoffman, Park and Recreation Director June 21, 1999 SUB J: Request for Landscaping Encroachment, Mr. Ronald Frigstad 9270 Kiowa Trail Roger, please have the appropriate person review these documents and call me. Thank you. g:\park\th\Frigstad EncroachmentMemo : CITYOF ~ Center Drive, PO Box I47 nhassen, Minnesota 55317 Phone 612.93Z 1900 nerd Fax 612.937. 5739 ~eering Fax 612.93Z9152 r Safeg £ax 612.934.2524 ,,~u'w. ci. chanhasse,.mn, us MEMORANDUM TO: FROM: DATE: SUBJECT: Kate Aanenson, Community Development Director Anita Benson, City Engineer Todd Hoffman, Park and Recreation Director May 14, 1999 Request for Landscaping Encroachment Agreement; Mr. Ronald Frigstad, 9270 Kiowa Trail. Please review the attached documents to ascertain whether or not your departments approve of this encroachment request. Forward any conditions of approval to my attention. Upon receiving your comments I will either deny Mr. Frigstad's request or forward this request to the City Attorney's office for execution. TH/sk c: Scott Botcher, City Manager Dale Gregory, Park Superintendent g:XoarkXthX,Bm~dimereXFrigstadLandscape5_99~nemo g:~ark~th'~rigstadLandscapeEncroachBandimere5_99memo CITYOF 690 Ci7 Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General Fax 612.93Z5739 Engineering Fax 612.93Z9152 Public SafeO, Fax' 612.934.2524 Il'Ob wwu:ci, chanhassen, mn. us May 10, 1999 Mr. Ronald J. Frigstad 9270 Kiowa Trail Chanhassen, MN 55317 Dear Mr. Frigstad, Thank you for your letter of May 7, 1999 concerning an encroachment agreement. I do not object to the granting of an encroachment for landscape plantings. However, any fencing would have to be placed on your private property. Permits for fencing are obtained through the Community Development Department. Thank you for staking the area you wish to utilize for plantings. In order to better understandyour proposal I would like to see a landscape sketch. This diagram can be hand drawn on an 8-1/2 x 11 sheet of paper. I encourage you to utilize a plan and materials which blend with the surroundings. Again, thank you for your interest in ma 'king landscaping improvements in this area. Sincerely, Todd Hoffman Park and Recreation Director TH/sk C~ Dale Gregory, Park Superintendent Dave Hempel, Asst. City Engineer Dan Remer, Engineering Tech 1 Jill Sinclair, Environmental Resource Coordinator g:XparkXthXbandimereXbandimereresidcntronaldfrigstad5_99 7 May, 1999 Todd Hoffman Director Park and Recreation Department City of Chanhassen Chanhassen, MN 55317 Dear Todd: I would like to be granted an encroachment easement onto the city property abutting my residence, Lot 1, Block 1, Bandimere's 2nd Addition, which is known as 9270 Kiowa Trail. The purpose of the encroachment would be to provide noise and visual screening for my property. This would be accomplished by the erection of a fence and suitable plantings to achieve the desired result. The encroachment would be as follows: From the northeastern monument on my property, north 20' to the top of the ridge, then west to a point 20' west of the northwestern monument, then south-southwest to intersect with the extended south property line, then southeast to the southwestern monument by the manhole. I have marked the corners of the proposed encroachment with stakes marked FR~GSTAD. Enclosed is a not to scale drawing representing the general area of the encroachment. Thank you for your consideration and assistance in this matter. Yours truly, Ronald .L Frigstad 9270 Kiowa Trail Chanhassen, MN 55317 frigstadq?mninter.net voice 612.496.9038 BANDIMERE HEIGHTS ec~m,~.~ ~ ,,£ ..ssuar, MARCH. 1970 o DENOTES IRON MONUMENT $C~L.t I INCH EQUAL~ ~ FEET o DE~ CA~ I~ ~NLM[~ P A ~0 / 9270 K / \ / / 0 0 © ~'~ pROpOSED ENCROACHMENT Oo Oo '!i PLAN BANDIMERE 2r~D ADDITION O BLOCK 1 LOT 1 O O 9270 KIOWA TRAIL 0 O0 O O SURVERY MARKER O O ENCROACHMENT AREA ~ ~ PUPLE LILAC ~ O EXISTING SOD TREES / SHRUB 0 )POSED PLANTINGS ARE PURPLE iLACS ON APPROXIMATE 5' CENTERS WITH OTHER TREES AND RUBS THAT ARE IN CONFORMANCE Wl-FH CHANHASSEN CFi'Y CODE Sec 18-61(a)(1), page 1011. nk you, aid J. Frigstad ~' Documents lencroocllmen! t~lcniting$ 2.doc