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Admin Section II . r , I ADMINISTRATIVE SECTION ' Correspondence to and from the Metropolitan Council dated June 28, 1990 and June 6, 1990. ' Letter from Southwest Metro Transit dated July 3, 1990. Letter to MnDOT dated June 18, 1990. Letter to Horse Owners dated July 18, 1990. ' HRA Accounts Payable. Letter from Mills Properties, Inc. dated July 16, 1990. Letter from United States Dept. of Interior dated July 16, 1990. Letter from Jim Walston dated July 3, 1990. ' Letter from Charles Folch dated July 16, 1990. Future Engineering Agenda Items. Notice from Steve Kirchman dated July 11, 1990. Letter from Gary Fuchs dated July 6, 1990. Letter from Fred Hoisington dated July 5, 1990. Letters from Carver Soil and Water Conservation District, both dated July 5, 1990. tMemo from Scott Harr dated July 3, 1990. Memo from Scott Harr dated July 9, 1990. Site Observation Report from EOS dated July 6, 1990. Letter from MWCC dated July 3, 1990. Letter to Russell Barto dated June 27, 1990. UMnDOT News dated July 5, 1990. Letter from Elliott Knetsch dated June 29, 1990. Letter to Clement Springer dated July 9, 1990. Letter from Roger Knutson dated June 22, 1990. Letter to Harry Pauly dated June 25, 1990. 1 AgAt METROPOLITAN COUNCIL Mears Park centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 June 28, 1990 Paul Krauss, AICP Director of Planning ' City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Dear Mr. Krauss: ' Thank you for your letter of June 6, 1990. I was pleased to hear about your support for our nonpoint source work in the Minnesota River Valley. You questioned the need for the Metropolitan Council to focus its nonpoint source management effort on the Minnesota River. Since 1985, the Minnesota Pollution Control Agency (MPCA) has , known that water quality standards cannot be met at all times in the Minnesota River. MPCA's ' modelling of the river has demonstrated that without a reduction in nonpoint source loading to the lower Minnesota River, there will continue to be water quality violations. As a result of this situation, the U.S.Environmental Protection Agency and the MPCA have determined that nonpoint source loading should be reduced by 40 percent by 1996. We are not aware that there is a similar situation on the Mississippi River. This spring, however, the Legislature directed the Council to prepare a water quality management plan for the region, and therefore we will also be addressing ' loadings to the St. Croix and Mississippi Rivers. In your letter,you pointed out that urbanization cannot be the main source of the pollution problem ' in the Minnesota River. I believe the MPCA and the Council are in agreement on this matter. The agricultural areas upstream of the Metropolitan Area are contributing substantial loads of pollutants. The MPCA is leading a study of the Minnesota River outside of the region to ascertain the pollution ' loads and develop a management program. Tnere is no doubt, however, that urbanization is contributing greatly to the degradation of the waters of the Metropolitan Area. The Council has demonstrated that point through research on runoff and snowmelt. ' The Metropolitan Waste Control Commission is presently monitoring the water quality of all major creeks discharging to the Minnesota within the lower segment of the river. With this information, we will be able to model the pollution contribution of the metropolitan watersheds and determine what pollution reductions should be achieved by each individual watershed. It will be up to the individual watersheds to determine how to best meet the reduction goal. While there is clearly a strong relationship between land uses and nonpoint source pollution loadings, we do not believe it is necessary to curtail development to reduce the loads; although on a parcel by parcel basis, there might be the need to adjust densities in some areas of a city. Improvements will ' come through better land management, more careful management of runoff, greattrefforts to JUL 0 6 19.93 ' k:t t y OF C;.;9.&H*SEN prevent soil losses to streams or,lakes and protection of the drainage system. We believe much of this can be accomplished by cities through land use planning and implementation of strong regulations. Communities which have effective erosion control and runoff management programs in place would simply continue implementing such programs. Communities without such programs, however,would be required to adopt and implement them. Water quality improvements in the Minnesota river can result only from the combined efforts of the communities both within the Metropolitan Area and Greater Minnesota. We have had discussions ' with the MPCA for the creation of an umbrella group to coordinate the efforts within and outside the Metropolitan Area. We expect to form a task force in the near future, and we have noted Chanhassen's interest in participating in this effort. Again, thank you for your comments. ' Sincerely, /‘ 4 ' Steve Keefe, Chair cc: Marcy Waritz, Metropolitan Council District 14 ' Dirk deVries, Metropolitan Council District 13 1 CITY OF 01, CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900• FAX (612) 937-5739 June 6, 1990 Mr. Steve Keefe, Chair Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Dear Chairman Keefe: I want to take this opportunity to thank you and your staff for organizing the May 30th meeting in Shakopee on Non-point Source Pollution and the Minnesota River. This is an issue of growing concern at the local level as well and we believe that leadership by the Metropolitan Council, DNR, PCA and potentially, the State Legislature is the only means by which an effective, coordinated approach to dealing with the issue can be developed. If any task forces or work groups are going to be assembled on this matter, please be aware that the City of Chanhassen is willing to actively • participate. In representing the City of Chanhassen, I do have several concerns that I would like to have addressed. The first is a technical question. We do not question the accuracy of the data regarding water quality in the Minnesota River. However, Council staff has repeatedly linked non-point source pollution with urbanization. If this factor plays such a significant role, I am baffled as to why similar non-point source pollution problems are not found in the • Mississippi since that river has considerably more urbanized runoff then the Minnesota. The major difference with land uses along the two rivers appears to be the much large amount of agricultural uses in the drainage basin of the Minnesota. We would hope that any studies being undertaken could clarify this issue. Our remaining concerns deal with the equity issue that was raised • at the meeting. While Chanhassen is certainly going to be willing to undertake our fair share of the effort we too are concerned that all upstream non-point sources are addressed, including those outside the seven county area. The discussion of this topic at the meeting heightened this concern. SOUTHWEST METRO TRANSIT 7600 Executive Drive Eden Prairie, MN 55344 (612)934-7928 July 3, 1990 Paul Krauss Director of Planning ' City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Paul: Thank you for copying me on your response to the draft EIS for Highway 212. I have sent copies to the Transit Commission. I know that they would join me in thanking you for supporting Southwest Metro, especially the integration of park and ride facilities into highway construction. We appreciate the continuing support of the City of Chanhassen and the helpfulness of you and your staff. Sincerely, Beverley Miller ' t•r�.r� Y JUL U 6 1990 Cil Y Uf CHANH SEN I , • CITY OF J. 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 (612) 937-1900• FAX(612) 937-5739 June 18, 1990 ' Mr. Evan Green, Project Manager MnDOT Metro District 2055 North Lilac Drive ' Golden Valley, MN 55422 Dear Mr. Green: ' I have had an opportunity to review the draft Environmental Impact Statement for Highway 212 and have the following comments. I would appreciate your reviewing these comments and working to ensure that they are adequately addressed in the final EIS document. 1. Page 14 of the Summary, under subheading "Unresolved Issues", •••• ' I wanted to note that Chanhassen does strongly support the completion of Hwy. 212 as a four lane highway throughout the community plus the inclusion of interchanges at both Highway 101, which is currently located inside the MUSA area, and at � . County Road 17. The City has grown much faster then the Metropolitan Council had anticipated and is currently in the process of undergoing a Comprehensive Plan Amendment to ' significantly enlarge the MUSA line. Chanhassen is also in quite an unusual situation whereby the southern portion of the City is essentially a doughnut hole in the larger MUSA line since we are surrounded by urbanization on all four sides. We believe that the construction of the highway and these two interchanges is imperative to serve local and through traffic ' demands as well as growth in the community that is being projected by a current planning efforts. In no way, shape or form do we believe that it would promote premature development within the City as had been indicated as a potential impact by the Metropolitan Council. <_,:. 2. Page 2. In the discussion of project history, there are series of transportation studies that are enumerated. It may be useful to include a statement in the report describing the Eastern Carver County Transportation Study that is currently ' Mr. Evan Green June 18, 1990 Page 2 being completed by several communities and Carver County. Findings of the study have concluded that traffic levels on ' area roads will be substantially higher then had previously been anticipated based upon growth trends in these communities. The report also provides additional basis for construction of Hwy. 212 due to its findings. 3. Page 15 under the Economics Section, A. Business and Employment. We would note that the statement that the T.H. 212 Study Area contains a variety of businesses situated in office industrial parks, collectively having 51000 employees in all likelihood significantly under represents the amount of employment found in this area. All of the employment concentrations in Chanhassen are listed on the accompanying map and we note that employment survey conducted last year in the City indicated that we had approximately 5,000 jobs in this community alone. Some other shortfalls are as I believe, found in employment illustrated for Chaska and Eden Prairie. The DEIS is significantly under reporting actual development on the ground. 4. Page 23, #2. Chanhassen. I wanted to thank MnDOT for inserting language in the text regarding the City of . Chanhassen's on-going Comprehensive Plan Amendment. As you - may recall, this had been a comment on my earlier review of the EIS. • 5. Page 57, Transit Service. The EIS gives a description of Southwest Metro Transit operations that I believe somewhat under-represents ridership. Ridership has grown tremendously fast on this service and it is imperative that you use as current information as possible. You may wish to contact Beverly Miller who is the executive in charge of the operation directly. I also would like the inclusion of the fact that the Southwest Metro operates a series of Park and Ride Facilities throughout the corridor which are very well ' utilized. The locations of these facilities should be shown . on your mapping. ' 6. Page 59, Status of Transportation Planning Activities. Southwest Metro should be given an opportunity to enumerate their programmed and planned future routings and locations of Park and Ride facilities as well as any other ongoing programs. As a general comment, I think that the EIS has unfortunately not effectively considered TDM measures in any ' significant way and has significantly undervalued the utility and effectiveness of programs such as Southwest Metro. We are again asking that the need for park and ride facilities with highway construction be recognized and that these facilities 11 be located in interchange areas where appropriate. ' Mr. Evan Green • June 18, 1990 Page 3 ' The City of Chanhassen continues to strongly support the completion of the EIS process of Highway 212 and it's ultimate construction. We will continue to work with you diligently in pursuing this goal. ' Thank you for this opportunity to provide comment on the EIS. Sincerely, ICJ Paul Krauss, AICP Director of Planning PK:v cc: City Council Gary Warren Beverly Miller, Southwest Metro Transit • 1 1 . CITY OF /7-A3- ' 1 CHANHASSEN 0 . , 144 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 I 1 July 18, 1990 Dear Chanhassen Horse Owner: ' Attached please find a copy of a memo I received from the Minnesota Extension Service inviting horse owners to an informational meeting regarding Blister Beetles and Hoary Alyssum. The meeting is on Tuesday, July 24, 1990 at 7:00 p.m. at the Medina Ballroom. ' As your Mayor for the past two years, I have worked hard to keep residents of Chanhassen informed of issues as they arise. I hope you find this information helpful. Sincerely, ' Donald J. Chmiel Mayor DJC:TG Enclosure 1 1 1 1 1 MINNESOTA EXTENSION SERVICE •,' .v., .� I _>>,._ - J UNIVERSITY `-'" "' HENNEPIN COUNTY 1_•- - «is • j= _1 I 701 Decatur Avenue No #105 ..\.:--. Minneapolis.Minnesota 55427 "s..5::.-e---1 , (612)542-1427 -,�': i w+. - IJul 11, 1990 :. ° -,:� t , s� ,:j ' }yam�,; rr,,,e,s,, Qr,`,•`' . 1` ,.1 ITO: Horse Owners and Other Interested P • 'pants , :Th :: jitr;, IFROM: Greg Tufte, Co Extens' n Agent-Agriculture IRE: Informational/Identification Meeting - Blister Beetle/Hoary Alyssum I I An informational meeting will be held on Tuesday evening, July 24, 7-8:30 p.m., at the Medina Ballroom in Medina to inform hay producers, horse owners, and other interested participants of the dangers of the Blister Beetle and Hoary Alyssum. Numerous reports from Dakota County indicate two horses dying from the toxic Iweed. . Horse owners need to make sure the hay they buy does not contain large amounts of hoary alyssum. The.white Iflowering weed is found in hay fields and contains a substance toxic to some horses. Hay can also be contaminated by a toxic substance from a black and gray insect -- blister beetle. I University of Minnesota specialists will be available to answer your questions and concerns. Please mark this date on your calendar and try to join us at Medina Ballroom. IFor more information, contact me at 542-1427. MUSTARD'AMY,Crud/woe' GT:br M c •*:ti i Vii ; . r: t 1 J :,1 I !} r Mri` ---.11 :' + tom' i BLISTER BEETLE Hoary Alyssum I - UNIVERSITY OF MINNESOTA.U.S.DEPARTMENT OF AGRICULTURE,AND MINNESOTA COUNTIES COOPERATING 1 11111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111 1111 . M CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 07-23-90 PAGE 1 CHECK 8 A M O U N T C L A I M A N T P U R P O S E 041118 3,588.41 BRW, INC. FEES, SERVICE 041119 3,923.28 BARTON ASCHMAN ASSOC. FEES, SERVICE 041120 399.65 HOISINGTON GROUP, INC. FEES, SERVICE 041121 1,795.00 METRO TENT PROMOTIONAL EXPENSE 041122 99.00 MN REAL ESTATE JOURNAL SUBSCRIPT. + MEMBERSHIPS 041123 1,039.45 STRGAR-ROSCOE-FAUSCH INC FEES, SERVICE 6 10,844.79 CHECKS WRITTEN I . . , . I 1 MILLS PROPERTIES, INC. 512 Laurel Street P.O. Box 505 Brainerd, MN 56401 ILLS 218-829-3521 1 July 16, 1990 RECEIVED ' City Administrator and JUL 181990 Planning Commission Members City of Chanhassen CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 ' RE: Comprehensive Plan Amendment for the Northeast Quadrant of Highways 5 and 41 - Mills Fleet Farm ' Dear Planning Commission Members and City Administrator: From attending the various meetings to date regarding the Comp Plan Amendment it has become apparent that many citizens residing in the ' neighborhood south of Highway 5 want to have areas adjoining their subdivision developed as low density single-family in the future. This type of low density residential development may not support its ' share of costs for future sanitary sewer extensions, thus making utility service to the west very unlikely. Removing the "1995 Future Study Area" designation from the northeast quadrant of Highway 5 and Highway 41 and encouraging reasonable and phased commercial ' development at Highways 5 and 41 would create a stronger development base to support the proposed sewer extension. The tax base of the City as a whole would benefit and begin to strengthen the City' s bond rating. Strengthening the City's tax base would make the City more attractive to potential residents looking for ' good schools, parks, jobs, services, and neighborhood shopping. The development of Highways 5 and 41, with a commercial base such as ' Mills Fleet Farm, would not compete with downtown other than to provide the needed opportunity for the free enterprise system of comparative shopping. Market analysis for this Chanhassen market area, as well as the proven market draw that we experience in our ' other stores, shows that Mills Fleet Farm provides a regional draw to Chanhassen, attracting primarily new customers from the western farm communities. This would help all the businesses in Chanhassen. ' We encourage the City of Chanhassen to pursue a market-wise planning strategy that eliminates the need for subsidies by the public for commercial growth and allows commercial development in this area to ' become a major contributor to the financial health of the City. A balanced city that understands and takes advantage of its best attributes can provide complete services to its citizens with a reasonable tax burden. I We believe a cooperative venture of design and commitment on the part of private land owners working with the City in a phased planned development will not only strengthen the tax and service bases of the city, but also provide a healthier business climate for all businesses ' and project a positive commercial image at the gateway into Chanhassen. Sincerely, MILLS PROPERTIES, INC. Real Estate Arm of Mills Fleet Farm By: Thomas W. Green Vice President jjv • • I 1 1 N''` 1%F\ TAKE %\ United States Department of the Interior IN lommalm Nimmos ■ s>a► -0 �` FISH AND WILDLIFE SERVICE OM= NI "`F" 'V'`" ST. PAUL FIELD OFFICE (ES) 50 Park Square Court so IN REPLY REFER TO 400 Sibley Street I St. Paul. Minnesota 55101 SPFO July 16, 1990 I I Mr. Don Chmiel , Mayor City of Chanhassen 690 Coulter IIChanhassen, Minnesota 55317 Dear Mr. Chmiel : I This letter responds to a inquiry for your planning staff regarding recommendations for access across wetlands and shallow water habitats to boat docks and related facilities. IThere are three basic methods for crossing such sites, and these include boardwalks supported on piles, floating boardwalks, and gravel filled pads or I berms. Of these, the method most preferred is the boardwalk on piles. While this method will partially shade-out dense vegetation underneath, the area covered is still providing basic wetland values and it does not adversely affect the hydrology at the site. Floating boardwalks completely eliminate I vegetation underneath and cause the loss of related wetland values, but do not impact other wetland values such as storm water storage and nutrient assimilation. Further, floating boardwalks do not normally alter the Ihydrology at a site. Walkways or other accesses constructed of gravel , sand, or earthen fill to make a pad that remains dry and free of wetland vegetation is the least I desirable method. The wetland values associated with the area covered by the fill are completely lost, and such structures can alter the hydrology of the site and thus adversely impact adjacent wetlands and waters. IIWe appreciate this opportunity to provide information for your planning purposes. If we can be of further assistance, please contact this office Idirectly. Sincerely, 1 >,, V James L. Smith Acting Field Sup- isor I cc: Ted Rockwell , U.S. Environmental Protection Agency, St. Paul I�ML : 0; i Co v4.1 .1 I-- Sp4AS/ietr/O.e.7-/,i I R-I i- k i 0 s 5 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. c Attorneys at Law 944,l. 0,-47) IThomas J. Campbell Roger N. Knutson (612)456.9539 Thomas M. Scott Facsimile(612)456.9542 I Gary G. Fuchs James R. Walston Elliott B. Knetsch Dennis J. Unger ' July 3, 1990 JUL 0 5 199 CITY QF C�•a. t ._ _ry District Court Administrator Carver County Courthouse ' 600 Fourth Street East Chaska, Minnesota 55318 ' RE: City of Chanhassen v. Donald F. McCarville, et al. Court File No. 90-26307 Dear Sir/Madam: Enclosed herewith for filing please find Notice of Dismissal in regard to the above referenced matter. ' If you have any questions regarding this matter, please do not hesitate to call me. Very truly yours, CAMPBELL, KNUTSON, SCOTT ' & FUCHS, P.A. • BY. James R. Walston JRW:srn Enclosure cc: Don Ashworth Mr. and Mrs. McCarville Kevin P. McShane (Chan. State Bank) I ' Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 X31 qo cc C I TY OF 1 1 Ille 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 1 July 16 , 1990 1 1 Re: 1990 Street Repair/Sealcoating Project No. 90-11 1 Dear Resident: Beginning the week of July 16 and extending for the following two to three weeks , the City will be conducting an annual street 1 repair and sealcoating program. The street that you reside on has been scheduled for repairs and/or sealcoating. 1 The program will involve street cleaning, crack sealing, bituminous patching and sealcoating. A second round of sweeping will take place after sufficient time has lapsed to allow for 1 adequate curing of the sealcoat. In an effort to facilitate these operations , we are requesting that you refrain from parking on the street between the daytime hours of 7:00 a.m. and 6: 00 p.m. on weekdays beginning July 16 until such time that the ' sealcoat rock has been placed on your street. Your cooperation with this matter will help to expedite the time needed to perform the work and thereby minimize any inconvenience to you and your 1 fellow residents . Your attention to this matter is greatly appreciated. Sincerely, CITY OF CHANHASSEN "..°1114%./D2P-Z- 1 1 Charles D. Foich Assistant City Engineer CDF:ktm i 1 1 1 c 3,c Cc f%�T II CITY OF CHANHASSEN FUTURE CITY COUNCIL AGENDA ITEMS ENGINEERING August 13, 1990 - 6:00 a.m. Workshop with HRA Regarding Urban Design Concepts. ' August 13, 1990 - Receive Final Storm Water Utility District Report; Call Public Hearing ' - Approve Plans and Specifications for Trunk Highway 5 Urban Design at Crossroads, Project No. 88-28C - Public Hearing for Park Place Phase II (Chanhassen Lakes Business Park 5th Addition) Improvement Project No. 85-13B; Authorize Preparation of Plans and ' Specifications - Approve Contract Amendment No. 2 for North Side Parking Lot Improvement Project No. 87-17 - Award of Bids, Lake Susan Park Improvement Project No. 89-3 August 27, 1990 - Approve Plans and Specifications for Park Place Phase II (CLBP 5th) ' Improvement Project No. 85-13B; Authorize Advertising for Bids - Public Hearing on Storm Water Utility District; Adopt Storm Water Utility ' Program - Award of Bids, Utility Telemetry System, Project No. 90-3 ' October 8, 1990 ' - Approve Plans and Specifications for North Leg TH 101 Improvement Project No. 88-22B; Authorize Advertising for Bids - - - - - 1 r I 4 . CITY OF CHANHASSEN FUTURE CITY COUNCIL ' ENGINEERING Page 2 Future Agenda Its - Approve Grading Permit for Bruce Jeurissen/Wangerin - 1500 Pioneer Trail ' - Award of Bids, Park Place Phase II (CLBP 5th) Improvement Project No. 85-13B ' - Accept Roadway and Drainage Improvements in Eight Acre Woods Project No. 87-29 - Accept Roadway Improvements in Timberwood Estates Project No. 87-27 ' - Accept Roadway and Utility Improvements in Chanhassen Hills 3rd Addition, Project No. 89-5 ' - Preliminary and Final Plat Approval for Easy Rider Addition - Approve Plans and Specifications for Trunk Highway 5 Expansion from 2000 ' Feet West of County Road 17 to Eastern Carver County Line, SP-1002-51; Authorize Cooperative Agreement. - Consider Feasibility Study for Extension of Dell Road from Lake Drive East ' South to Eden Prairie City Limits, Project No. 90-7 - Approve Preliminary Plans for TH 5 from TH 41 to CSAH 17; Layout No. 1B, ' S.P. 1002-88035 (5=121) (5/90) - Approve Plans and Specifications for West 78th Street Detachment Improvement ' Project No. 87-2; Authorize Advertising for Bids - Award of Bids, West 78th Street Detachment Improvement Project No. 87-2 ' - Approve Plans and Specifications for Well No. 6, Authorize Advertising for Bids; Improvement Project No. 89-4B ' - Award of Bids, Well No. 6 - Establish School Speed Zones on TH 101 in Front of St. Huberts School and Laredo Drive ' CONSULTANTS PLEASE NOTE: Reports are due in Engineering no later than 10 days prior to the City Council meeting date, i.e. Friday. ' Copies to: City Hall Department Heads Gary Ehret, Bi2W Karen Engelhardt, Office Manager Harald Eriksen, HNTB ' Kim Meuwissen, Eng. Secretary Jim Bullert, Liesch & Associates City Council Administrative Packet Dick Potz, RCb1 Mark Loebermeier, SEH 1 I 4 CITYOF.. , , ,Jok CHANIIASSEN 1 .,,,,,,,....4,,,c , it'Mw k -- ,:ilif /0) T �:. '"` .� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .rz -„ ` (612) 937-1900 • FAX(612) 937-5739 I I 1 July 11 , 1990 INOTICE The State Legislature has adopted the 1988 Uniform Building Code I with amendments . The City of Chanhassen will begin enforcing the new building codes on August 13, 1990 . A handout is available at the Public Safety Department counter explaining many of the code I changes . All interested parties are encouraged to pick up one of these handouts . Steve Kirchman Building Official Icc: Don Chmiel , Mayor City Council ICity Staff I I I I f . _ ,44e4 AGA, A4 I CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law F/-e O'`"'1 IThomas J. Campbell -J Roger N. Knutson (612) 456-9539 Thomas NI. Scott 4 1` 93 Facsimile (612) 456-9542 I Gary G. Fuchs J�- Q James R. Walston Elliott B. Knetsch t;11 t oh e;rtAi4riii SEEN Dennis J. Unger July 6, 1990 0 O IMr. William Glaeser 133 First Street West IWaconia, MN 55387 Mr. Paul Jensen I 8925 County Road 43 s ,�,5 (LA",An. ;.rt Chaska, MN 55318 tom•- r r A. "J Mr. Keith Traxler 0'JJ �' dal-c" 41 I ERA Chestnut Realty 7•r.ry-�'r �� 413 Chestnut Street North Chaska, MN 55318 4.e.•- /e.;. 4'"`1' ' hN� Re: City of Chanhassen vs . S °l %'" - c.:„ ...c�••.,) Estate of M. J. Ward J eNf�y hi_ o.., r + 5 7 �.. I Gentlemen: M•— I'°`"' Co...�+.rs,. w ► E . a(,�, r..w�. v4 a As you all know, I represent the City of Chanhassen in the I above referenced condemnation matter. Each of you were appointed as Commissioners in the matter approximately one year ago, and it is my understanding that a viewing of the property was held in IAugust of 1989 . As we discussed in our phone conversations, the purpose I of this letter is to confirm that we have scheduled the Com- missioners ' hearing in this matter for Wednesday, August 8 and Thursday, August 9, 1990. I have reserved the Conference Room at the City Hall in the City of Chanhassen for the Commissioners' Ihearing. I have spoken with Jim Larkin, attorney for the landowners, I and based on those discussions I anticipate that the hearing will take both days to complete. I suggest that we start the hearing at 9:00 a.m. on Wednesday, August 8 and continue as necessary. I I IYankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I ' II July 6, 1990 I Page 2 Your courtesies and cooperation in this matter are II appreciated. If you have any questions, please feel free to contact me. Very truly yours, • CAMPBELL, KNUTSON, SCOTT & IFUCHS, P.A. I BY: Gary G. Fuchs IGGF:rwg cc: Mr. James Larkin cc: Mr. Harvey Swenson II cc: Mr. Gary Ehret cc: Mr. Don Ashworth P.S. to Harvey and Gary: This will confirm my need for your testimony on August 8th, the first day of the Commissioners ' • • ,. hearing. Please reserve that date on your calendar and prepare for your testimony as needed. IIGGF I I I ru LAND USE CONSULTANTS ' Hoisington Group Inc. July 5, 1990 Mr. Herb Mason Mason Properties 1501 Highway 7, Suite A tHopkins, MN 55343 ' Dear Herb: Per my telephone discussions with you, Peggy and Don on July 2 and 3, 1990, the ' City of Chanhassen will proceed with the completion of the driveway improvements behind Colonial Center. The City will build the north curb line, the bituminous surfacing and storm sewer improvements. We will not build the previously proposed south curb line, the loading docks or dumpster enclosures per previous discussions. We will also landscape the north edge of the Colonial Center and HRA properties to minimize visual access to the rear of your building from the Heritage Park apartments. Originally, we thought it would be preferable to build only the first bituminous lift ' and finish the driveway at a later date, perhaps, after you had completed the docks and dumpster enclosures. We concluded that heavy waste trucks probably would damage this thin mat so that it would have to be replaced. ' This seems to be a reasonable approach in that you will be able to finish the docks and dumpster enclosures at your leisure once you know the status of your tenants: ' Hopefully, the appropriate improvements will be made to the back of your building to mitigate adverse views from nearby residential developments. ' We will commence the driveway construction project within the next two weeks. Landscaping will be completed in August or September. If you anticipate any conflicts with our construction schedule, please call Gary Ehret at 370-0700 to make him aware of your scheduling needs. ' If you have questions, call. Sincerely, ' Fre Hoisington, Planning Consultant cc: Don Hagen ' Peggy Reilly Don Ashworth Todd Gerhardt JUL 0 6 199 Gary Ehret UF- CNANHAbSEN 7300 Metro Blvd. •Suite 525•Minneapolis, MN 55435•(612)835-9960 1• . ' CARVER SOIL AND WATER CONSERVATION DISTRICT 219 EAST FRONTAGE ROAD WACONIA, MN. 55387 TELEPHONE 442-5101 July 5, 1990 Dear Mr. Doleisi , ' A few weeks ago, our office was requested by the City of Chanhassen and the Riley - Purgatory Watershed District to ' view a cropland erosion area on your farm. The erosion you have is commom on these soil types under s thee cropping systems. To reduce soil erosion to a minimum ' may require the construction of water and sediment basins. Our reason for inve=stigating this site and recommending soil ' eosion control practices is not with the intention of telling you how to run your land but to help you save topsoil and thereby keep it from becoming a problem in other areas of the environment. If you would like to utilize our survey and design assistance in correcting these erosion problems call us. Cost share assistance for construction may be available to you. ' Paul Neumann Dist. Tech. • `f •CARVER. SOIL AND WATER CONSERVATION DISTRICT ;'.':: •219 EAST FRONTAGE ROAD ;s� , • WACONIA, MN. 55387 ! ::11 - II TELEPHONE 442-5101 ' ._ - FAX 442-5102 IJuly 5, 1990 ITO: Riley - Purgatory Watershed District FROM: Paul Neumann - District Tech. IRE: Cropfield soil erosion on James Dolejsi land. -_. I field checked the erosion site in Section 24 of old I Chanhassen TWP. . • I explained the erosion problems to the S. & W. D. Board and I we would not have a problem in surveying, designing and providing the technical assistance to install soil erosion control practices. These practices are usually cost shared I with either state or federal funds at a 75. rate. However, under these programs the practice applied must be maintained for a minimum of 10 years. In this rapidly urbanizing area this requirement becomes impractical. ISince the current erosion problems will need to be addressed when the land is developed and since the development will II . need your review and approval it clearly seems best to install erosion control pracitices now (for the relief of the affected landowners and the wetland to the West ) that • meets your approval and perhaps could be incorperated into I the future development. To implement erosion control construction practices would the Watershed District be willing to provide cost share monies for this type of I project? Please let us know the Watershed Districts pos ' ion on this erosion problem. I F1a4iL Paul Neumann Dist. Tech. CITY OF CHANHASSEN IL c. c. James Dolejsi landowner MOWN Gary Warren City of Chanhassen Engineer I JUN 0 01990 ENGINEERING DEPT. I I C I TY 0 F ' •690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 i MEMORANDUM TO: Jim Chaffee, Public Safety Director Don Ashworth, City Manager ' FROM: Scott Harr , Assistant Public Safety Director DATE: July 3 , 1990 SUBJ : Building Inspector Resignation Attached please find Mark Cooney' s resignation. Per our discussion, and an ad has been placed for a replacement . We Iwill be keeping you advised of progress on interviews . cc: Steve A. Kirchman, Building Official • I 1 I • A CITYOF _ • A III '''''A.f:11 . .._, -, CHANIIAssEN '°�'"'�. ."-rt ,>� -; 690 COULTER DRIVE • I ., RIVE P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 -=..- (612) 937-1900 • FAX(612) 937-5739 MEMORANDUM TO: Scott Harr, Assistant Public Safety Director IFROM: T. Mark Cooney DATE: June 26 , 1990 1 SUBJ: Resignation IIIt is with the deepest regret that I must inform you of my intention to leave the employ of the City of Chanhassen for another inspection position with the City of Bloomington. There I are several factors which entered into my decision, but first I want to take this opportunity to thank all of you for the fine start you ' ve given me in my career. In the brief time I ' ve been I associated with Chanhassen, I know that I ' ve been challenged to perform my best and, hopefully, you feel I have risen to the occasion. Without question, my experience here has been a tive one in all respects . I feel that I ' ve made man y posi- ' friends and associations , ones I want to maintain in the In particular , ' I want to commend Jim Chaffee, Scott Harr and Steve Kirchman ' s enlightened and farsighted management policies , I emphasizing open, honest ,communication, active encouragement and strong emphasis on continuing education. However , there remain several major benefits to taking the I Bloomington position. The compensation increase of $6 , 000, full dental , paid 25K package includes an personal leave and union membership, l have fa insurance personal paid I these will certainly help to secure their future�u family and In another vein, I also have strong concerns regarding my pro- ' fessional responsibilities as a State of Minnesota Building Inspector and my work load demands with the City of Chanhassen. To maintain the high level of service necessitated by the fast pace of growth in Chanhassen and ,ensure the health and safety of 1 the public, comprehensive and accurate inspections often required forfeiting my break and lunch times. Long term this situation would be untenable and counter productive. IIt is then, with great reluctance but heartfelt ask you to accept my resignation from gratitude,, etI must Your employ, - July 20, 1990. y, effecti ve 1 Best wishes for the fu 7-1-\\- ..._CL,Nc: ,k.:, -( IIcc: Steve A. Kirchman, Building Official CITY OF " ,r, Al I' . CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 • MEMORANDUM TO: Steve Kirchman, Building Official FROM: Scott Harr , Assistant Public Safety Director DATE: July 9 , 1990 SUBJ : Citation/Court Appearance Procedures Pursuant to our past discussions regarding the importance of having the City represented at certain arraignments , I have ' met with Elliot Knetsch to discuss this . We agreed that the best procedure would be to have your people advise me if it is a necessity to have someone from "the City Attorney ' s office at ' the arraignment hearing. This should be cleared through me, and I will then request this of Elliot . I will be drafting a form for this purpose. ' An arraignment is a preliminary hearing at which a defendant simply pleads guilty or not guilty. If it is a not guilty plea, a trial date is schedule. However, if the person pleads guilty, ' the judge might scheduled a sentencing, or is actually more likely to simply issue a fine, etc. , right then. If we do not have an attorney at the arraignment , the disposition might be ' less that we had hoped for . Of course, it is costly to the City to have an attorney there; however , we have learned the hard way that sometimes it is worth it in the long run. This is why I need to keep an eye on these expenditures, and would like requests from the building inspectors to go through me if an attorney is requested to be ' present . Also, 'whoever wrote these citations should mark their calendar to make sure that they contact the City Attorney' s office prior to arraignment , although I will be asking that the City ' Attorney make a point of contacting us prior to the appearances as well . Actually, this information will apply to our CSOs, Animal Control Officers as well . cc: Don Ashworth, City Manager ' Mark Littfin, Fire Marshal Deb Rand, Community Service Officer Bob Zydowsky, Community Service Officer Elliot Knetsch, City Attorney Roger Knutson, City Attorney 0 2 ' ' '' ' ' ' ' %,...) ' -: tt: / ' c.c.. .4-/7.)t- •-r_ r 1 ,,,:i, ,!''i%,„.A 11.. 1 'IV .... . ,'—' r • IJ.NICHOLAS RUEHL,AIA BERTIL E.HAGLUND,AIA I SITE OBSERVATION REPORT I PROJECT: Chanhassen Public Works EOS PJT. NO.: 89105 IAuxiliary Garage DATE: July 6, 1990 TIME: 10:00 A M WEATHER: Partly cloudy, 80° IEST. %OF COMPLETION: 30% CONFORMANCE WITH SCHEDULE: 1 week behind IPRESENT AT SITE: 1. No contractors present IWORK IN PROGRESS: 1. Concrete block is 90%complete. 2. Hollow metal door frames have been installed. OBSERVATIONS: ' I1. Structural steel and metal deck are on site. 1 2. The Owner has installed granular base. DISCREPANCIES NOTED: N/A ITEMS DISCUSSED: N/A IREPORT BY: <re Jack Ander on,AIA II GM:jmj cc: kOon Ashworth City of Chanhassen Jeff Cates W.H.Cates Construction IJack Anderson EOS Corporation M:\87118\doc\SOR7-6-90 I I EOS CORPORATION 470 Water Street, Excelsior, MN 55331 (612) 474-3291 Equal Opportunity Employer IWaste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 Q___." de Aw».4.. .. Per 1/t3 i July 3, 1990 Atzi. No z_S-5- I GL030177.A0.01 IMr. Gary Warren City Engineer I City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 , IDear Mr. Warren: I We wish to extend our appreciation to you for attending the informational meeting for the Commission's systemwide infiltration/inflow evaluation. The meetings proved to be an excellent opportunity for exchange of ideas and for our study team to gain a perspective on local community issues and concerns. We received many useful Icomments that will help us to focus the direction of our study. Once again, we thank you for your attendance and hope you will join us for future Iinformational meetings and workshops as the study progresses. Very truly yours, IGordon Voss Chief Administrator bcb/GLT988/024.51 I CM' e_ c{ JUN 06 1990 ENGINEERING DEPT, I IEqual Opportunity/Affirmative Action Employer • CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 • FAX (612) 937-5739 Aomis.i .1/41/10 1 June 27, 1990 i Mr. Russell J. Barto 400 Lakota Lane Chanhassen, MN 55318 Re: Application for Filling and Grading Permit File No. 90-7 Grading Permit Dear Mr. Barto: On Thursday, June 21 , 1990 , Larry Samstad (Engineer for the Lower Minnesota River Watershed District) , Dave Hempel (City Senior 1 Engineering Technician ) and myself met with you at your residence to discuss tasks that are needed to be performed to mitigate your erosion problem and stabilize the bluff. I would like to reiterate the subjects that we addressed along with our corresponding recommendations. One of the major concerns you expressed was surface runoff from 1 your yard area eroding the bluff line. We recommended that a small berm and adjacent swale be constructed along the bluff line to collect and direct the yard runoff to the north parallel to 1 the bluff . The berm will prevent yard runoff from draining down and eroding the bare bluff area while the swale will direct the drainage to a heavily wooded and vegetated area with mild slopes, thereby minimizing the erosion potential. In viewing your situation, we noticed some very serious problems with your filling operations to date. First of all, a large portion of the current fill appears to be debris from grubbing and demolition operations, i.e. large segments of concrete, tree stumps, barrels, etc. This type of material is not acceptable fill material for stabilizing steep slopes and will not be allowed under permit operations. If you desire to use concrete material in your fill it must be broken into pieces no larger than one foot in diameter. In addition, we recommended that the 1 top three feet of fill on the slope be clean fill with the top four to six inches being fertile topsoil. 1 1 I . ' Mr. Russell J. Barto June 27, 1990 Page 2 Another concern that we raised was the steepness of your fill slope. Currently your bluff slope is too steep to be adequately stabilized and will likely experience sloughing in the future unless some imperative measures are implemented into your operations . One of the most effective tactics you can take to stabilize the slope is to reduce the steepness or grade. Due to the limited extent on the location for the "toe of slope" , we recommended that the top of slope be cut back approximately ten feet. This location appeared to be fairly close to where the original bluff line may have been. It was also recommended that, if possible, a small dozer be implemented to grade the slope and provide some compaction. Finally, the issue of restoration was addressed. As was mentioned previously, a layer of fertile topsoil should be placed at a depth of four to six inches to' adequately sustain grass and plant growth. Mr. Samstad also recommended that a fiber seed blanket, which could be anchored at the top of the slope and rolled down , may be the most effective method for grass establishment. We can supply you with more information on obtaining this fiber seed blanket if you so desire. ' In searching our files , we were not able to find record of any permit issued for the fill you have placed to date. In any case, the City ' s recently revised grading ordinance requires you to make permit application to continue your fill operation on the bluff within your property. The City has recently received your application for a filling and grading permit. Given the limited construction season remaining and due to the nature and circumstances of your operations, we are willing to process your permit application administratively pending on the following conditions: 1. Your construction operations must comply with the following: a) Construct a small berm parallel to the bluff. b) Construct a swale to drain yard runoff into the wooded area to the north. c) Remove fill on the south end of the bluff where trees have been buried under three to four feet of fill (trees will die otherwise) . d) Cut back top of slope approximately 10 feet to reduce slope grade. I . Mr. Russell J. Barto ' June 27, 1990 Page 3 ' e ) Tree stumps, demolition material , bituminous and large concrete pieces shall not be used as fill . Concrete pieces smaller than one foot in diameter may be used below the top three feet of fill. f ) The top three feet of fill shall be clean fill including ' a four to six-inch topsoil cap. g) Seeding (preferably via a fiber blanket) shall be ' performed on the slope and on all disturbed areas. h ) Erosion control fence or hay bales shall be placed at toe of slope until vegetation is established. 2 . A security deposit of $500 will be required. This will be fully refunded upon satisfactory completion of the work as stipulated herein. 3 . All work associated with this fill operation, including seeding, must be completed by September 15 , 1990. The permit ' fee normally associated with this work will be waived if the work is completed within this time schedule. 4 . The City will perform random observations of the site including a final inspection to verify compliance. If you are in agreement with the aforementioned conditions for approval, we are prepared to promptly process and grant your permit application. Enclosed you will find the permit form for your review and signature. Please return it to me at your earliest convenience. ' If you have any questions or comments, please call me at 937-1900. Sincerely, CITY OF CHANHASSEN &i41 (*e Charles D. Folch Assistant City Engineer CDF:ktm c: Don Ashworth, City Manager Gary Warren, City Engineer Dave Hempel, Sr. Engineering Technician Lawrence Samstad, Lower Minnesota Watershed District Engineer ' Ken Bollig, Excavator �i*�r1NESpT4 1 • Mn/DOT a 16 cr 1 News _ MINNESOTA 1990 ;`kroF oe Date: July 5, 1990 CC Ab yvo 1(z,3 I To be Released: IMMEDIATELY e D ∎t -- S,%*.. C • _ ewe su s . i HWY. 7 WILL UNDERGO TRAFFIC CHANGE IMinneapolis (July 5, 1990) - - Beginning July, 17, motorists travelling along Hwy. 7 from Chanhassen to Shorewood will notice a change in the way traffic moves, the IMinnesota Department of Transportation announced. IThe two-mile stretch from Minnewashta Parkway to Hwy. 41 will be restriped and • a dual-left-turn center lane will be added. This change will leave the roadway with one Ilane of traffic in each direction and a center lane for making left turns. IMore than 15,000 vehicles travel along this section of Hwy. 7 each day. To avoid delaying the rush hour traffic, crews will be working between 9 A.M. and 3 P.M. IThe traffic switch is expected to make travel along Hwy. 7 safer and more convenient Ifor motorists and residents. Weather permitting, the project is scheduled to begin July 17, and crews are expected Ito have the job completed in approximately four days. I # # # I CONTACTS: CITY OF CHANHASSEN McKenzie Don Stevens SSEN I Traffic Services Public Affairs ?,�l� lI�IC al 591-4604 593-8414 JUL UL 06 1990 I ENGINEERING DEPT. I Minnesota Department of Transportation/District 5, 2055 N. Lilac Dr., Golden Valley, MN 55422 CAMPBELL KNUTSON, SCOTT & FUCHS, P.A. IAttorneys at Law Thomas J. Campbell I Roger N. Knutson (612) 456.9539 Thomas NI. Scott Facsimile (612)456-9542 Gan G. Fuchs James R. Walston Elliott B. Knetsch S€-ZZ g - 1 I Dennis J. Unger L` June 29, 1990 II a; i)y Asi,Ary Q e Ao"i /z3 I Mr. Gary Warren �+ Via„. Chanhassen City Hall G�14�1 690 Coulter Drive, Box 147 #7//'' Chanhassen, Minnesota 55317 IRE: City of Chanhassen - Soo Line iii Grade Crossings at T.H. 101 and West 78th Street 41p IIDear Gary: Enclosed for your files please find copy of correspondence II to Eric Olson from Patrick Nugent, together with fully executed copy of the agreement between the City and Soo Line. IIVery truly yours, CAMPBELL, KNUTSON, SCOTT • II & FUCHS, • ' . /1 , , / BY: 4414Lf ha , I Elliott B. K - LfV EBK:srn Enclosures I I CITY OF CHANHASSEN ENOWEO 1 JUN 0 2 1990 I ENGINEERING DEPT. I IYankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I Soo Line Railroad Company Soo Line Building Box 530 Minneapolis, Minnesota 55440 (612) 347-8282 PATRICK J. MCPARTLAND Assistant Vice President and Senior General Counsel June 26, 1990 ' Certified Mail No. P 600 921 840 Mr. Eric L. Olson 4700 Emerson Avenue South Minneapolis, MN 55408 RE: City of Chanhassen v. Soo Line IIOAH No. 70-3000-4118-2 Dear Judge Olson: Pursuant to your Order of May 2, 1990, please find enclosed a signed copy of the agreement entered into by Soo Line and the City of Chanhassen. I have sent one signed original to ' Mr. Knetsch, and we have retained the other signed original for our files. We believe that the record is complete and that a final order can be entered. If you need additional information, please let me know. ' Very ly yours, i Patrick J. Nu nt PJN/rmd cc: Mr. Knetsch L.J. Thorson J.A. Bengston AGREEMENT ' THIS AGREEMENT, made this 12th day of March, 1990, between the S00 LINE RAILROAD COMPANY, a Minnesota Corporation, ("Railroad Company") and the CITY OF CHANHASSEN, a Minnesota municipal Icorporation ("City") . RECITALS: ' A) The City and the Railroad Company are agreeable to do certain work as listed below in connection with the establishment of public railroad grade crossings at ' Highway 101 (Crossing A) and at West 78th Street (Crossing B) , Chanhassen, Minnesota. ' B) On the attached print marked Exhibit "A", which is incorporated herein by reference, the location of the proposed grade crossings are shown in red at railroad stations 194 + 59 (Crossing A) and 192 + 69 (Crossing B) . WITNESSETH: In consideration of the mutual promises and benefits herein, the parties agree as follows: ' 1) ' The Railroad Company shall provide the necessary specifications, designs, labor and materials to prepare the track structure, and construct rubber pad crossings. 2) The City shall reimburse the Railroad Company for any and all expense it reasonably incurs in connection with the establishment of the grade crossing including '.' ' communications and signal pole line. The estimated cost for such construction is $66,122 for crossing "A" and $35,109 for crossing "B". The Railroad Company shall identify variances between actual and estimated costs, and advise the City whenever projected costs exceed estimates. The Railroad Company shall notify the City of cost increases before the additional costs are incurred, with a detailed explanation of why the additional expense is necessary. 3) The Railroad Company shall provide the necessary specifications, designs, labor and materials to install warning devices at the grade crossing in accordance with Section 41 said warning devices shall be built in compliance with Minnesota Department of Transportation requirements. 4) The City shall reimburse the Railroad Company for any and all expense it reasonably incurs in connection with the installation of the warning devices as follows: ' A. The estimated cost for warning devices installation for Crossing A is $114,948. The cost estimate is for automatic warning devices, half roadway gates and cantilevered flashing light signals for each ' side of the crossing. ' B. The estimated cost for Crossing B is $93 ,803. The cost estimate is for automatic warning devices and half roadway gates. If the Minnesota Department of Transportation requires the installation of warning devices different than or additional to those contemplated in this Section 4, the Railroad Company shall prepare and provide the City with a cost estimate of the required warning devices. The Railroad Company shall install such devices. The other provisions of this Agreement relating to warning devices shall apply as if the required warning devices were originally part of this Agreement. C. The estimated cost for the relocation of the westbound train control signal is $18,206.00. D. The Railroad Company shall revise and refine the estimated costs for warning devices after the Minnesota Department•of Transportation approves this agreement and specifies the warning devices to be installed. The Railroad Company shall identify variances between actual and estimated costs, and advise the City whenever projected costs exceed ' estimates. The Railroad Company shall notify the City of costs increases before the additional costs are incurred, with a detailed explanation of why the I - additional expense is necessary. E. The Railroad Company shall credit the City for the salvage value of all material recovered as a result of this project. 5) The City, at its sole expense, shall provide, install and maintain the necessary drainage facilities, the roadway grade, the roadway surface, and the roadway approaches ' to the grade crossings. 6) Any flagging protection or watchmen service required by the Railroad Company for the safety of railroad operations because of work being performed by the City or incidentals thereto shall be provided by the Railroad Company. The Railroad Company shall notify the City of its intent to use flagging protection or watchmen service and the reasons therefor. The reasonable costs thereof shall be reimbursed by the City to the Railroad Company. 7) The Railroad Company shall complete the installation of the grade crossings by the end of October, 1991. The Railroad Company shall complete the installation of the warning devices by the end of October, 1991. - 8) The Railroad Company shall grant to the City an easement 2 for the necessary right-of-way for the roadways and grade crossings. The Railroad Company shall also grant permits for necessary utilities. The conveyance of the easement and permits ,shall be prior to the end of October, 1991. The conveyance of and consideration for the easements and permits shall be by separate instruments. ' 9) The terms "cost(s) " and "expense(s) " as used in this agreement shall mean all items of cost properly assignable to work performed by the Railroad Company in ' connection with the construction, maintenance, repair, renewal or changing of the new grade crossings and warning devices, including payroll taxes under railroad taxing acts on account of labor employed in said work, plus 25 percent of direct labor costs to cover superintendence and accounting, plus 15 percent of the cost of materials to cover handling and transportation. The Railroad Company shall use reasonable efforts to minimize labor and material costs incurred in performance of this agreement. � - 10) The Railroad Company, for performance of its work, may bill the City monthly for the City's share of the actual costs and expenses incurred. These progressive invoices may be rendered on the basis of the estimated percentage of the work completed. The City, after verifying that the bill is reasonable and proper, shall promptly reimburse the Railroad Company for 95 percent of the amount billed, but not to exceed the amount agreed upon. ' 11) The Railroad Company, upon completion of its work, shall send the City a detailed final statement of its actual expenses as incurred, including allowable additives. After the City's representatives have checked the final statement and have agreed that the costs are reasonable and proper, insofar as they are able to ascertain, the City shall reimburse the Railroad Company in an amount, less previous payments, if any, equal to 95 percent of the amount agreed upon or the amount billed, whichever is less. ' 12) After the ;City's representatives have audited the expenses as! incurred by the Railroad Company, and final inspection of the installation has been made, the City shall reimburse the Railroad Company for the retained percentage and the suspended items of expense. 13) The Railroad Company may bill the City for the City's share of the costs of the materials purchased, delivered and stored on the Railroad Company's property but not yet ' installed. The materials shall become the property of the City and must be designated for exclusive use on the project designated in this agreement. In the event of any loss of materials after payment, the Railroad Company ' shall replace the materials at no cost to the City. The storage area of such materials shall be available for ' 3 • • • City inspection upon 24 hours notice. The bill shall be accompanied by a voucher from the materials supplier indicating payment by the Railroad Company. Payment under this paragraph shall not be claimed for any single pay item less than $500. 14) In the event the Railroad Company fails to install the stored material during a one-year period subsequent to payment to the Railroad Company, the City may enter the property of the Railroad Company and take possession of said material for City use. The Railroad Company shall make the materials available in the metro area for the City to take possession. The taking possession of the material by. the City shall in no way serve to terminate this agreement or affect the other provisions of this agreement. ' 15) A) The City shall fully indemnify the Railroad Company against all loss, damage, liability, claims, suits, judgments, costs and expenses by reason of loss or ' damage to property whatsoever and injury to or death of persons whosoever in any manner arising from or growing out of, directly or indirectly, wholly or in part, any acts or omissions of the City during construction of the crossing on Railroad Company's property, except to the extent of the Railroad Company's own negligence. B) The Railroad Company shall fully indemnify the City against all loss, damage, liability, claims, suits, judgments, costs and expenses by reason of loss or damage to property whatsoever and injury to or death of persons whosoever in any manner arising from or ' growing out of, directly or indirectly, wholly or in part, any acts or omissions of the Railroad Company during construction of the crossing on Railroad Company's property, except to the extent ' of the City's own negligence. C) To the extent any loss, damage, liability, claims, suits, judgments, costs and expenses described in subsections A and B result from the joint or concurring acts or omissions of both the City and the Railroad Company, liability shall be shared between the parties pursuant to the principles of joint fault. 16) Before starting work on this project, the City or its contractor, at its expense, shall furnish to the Railroad Company a Railroad Protective Liability Policy of ' Insurance in the name of Soo Line Railroad Company, with a combined : single limit coverage of $2,000,000 with respect to A) Bodily injury liability, B) Property damage liability and C) Physical damage to property, with an aggregate limit of $6,000,000. Also before starting the project, the City or its contractor shall procure 4 I workers' compensation insurance which fully meets the �' • requirements of any workers' compensation law in force at the location where the work is performed, including I the requirements of any occupational disease law; and automobile liability insurance covering all owned, non- owned and hired vehicles engaged in or about the work site, with a combined single limit of $1,000,000. Said I policies shall terminate upon completion of construction of the crossing and roadway,. and written agreement by Soo Line that the project is completed. I17) This agreement shall continue in effect as long as the roadway remains on the Railroad Company property. 18) The City shall take all necessary action to close and abandon the existing West 78th Street grade crossing including removal of the roadway approach from the IRailroad's property after occurrence of the following: A) The completion of crossings "A" and "B" and warning 1 devices, and their placement in service. B) The completion of and opening to vehicular traffic of T.H. 101 and West 78th St. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be duly executed, as of the day and year first above Iwritten. .! t e Y OF CHANHASSEN S00 LINE RAILROAD COMPANY S D-1. • J. 'yule' J. A. Inshaw _ kt. MAYOR • Chief-,Engineer - System _ • I - c'= 2 In the presence of as In the Presence of as to I to Mayor: Railroad Company: • -1 �sk Al 4 1 • I 441Nt( i• . / e' ---4/..,L.... 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CNA,✓fl4sS4,ti) From To Description of Work. 14 W't 101 RT C N A NFFA:S C J , r()l►J N eLo-rA Estimate No. ESaAtiL3►1 t \ Gas2,4 aJG W ,r.i 1- IDS FT. FatAOQ -,c W,TFI 1-4OPT hem No. FAG wi erttiLn,r+o,L1 exTE,-cr,°d ad w. ewNv Pc=.nip Tel ftro 2tn.k.fr, 7?tk•H x•14` l}KUg; Paus(z. PYIST,NG PIttI ./ 'T.:NSif'+-V SWeSURP1 DeA,r, StesT/-/rt IICC NO.OF PRICE COST DISTRIBUTION ACCT, REM DESCRIPTION AND UNIT UNITS PER UNIT NO. LABOR MATERIAL TOTAL A&B ACC.DEP. OPTG ISU5P 'MATEa1 . CRossTEs_ New C4■ 120 1 . 0 \EGO I3 At e_ 11545 N 1"F u0 •-o LF. — 5.2 7 — 1 IE?t-er,,-( '7 3/14 z t3 S N to — L 6 l — ' TriAkt_v SP re SSA if ‹ca% 3•g .52,Ott L�j$ TRitri• SP1� i� s!z. 0,4 bo.oD 214 "r(1= PAos G4 2114 0,9 0 13 ?AIL ffNCrtorts 1l5"NCU., ER NO0 0.93 °J-i. , I CF .a ems 115/90 PR — 1;36.07 — F►�.�.a W LoS H -)4.10 219 IBPo_i_rNrr -ORrs.SER. r.? 185 0,6-o 1Li c • CZtAt3E3 eic..f eas()uL 1.-F 10< Zao.tb 21 000 I . i,rnetlzs 1� 16-)o 3.Z8 525 C.-Aerial-Ili- Scacws 10 2,01 1Lk 1 13rT1.,rA 4 to n,,S PAU,N L-Q'i GR`( NT 80.0 0 - ' 1 Ftu41Ne VZIoc.. F R.t L.t= 200 2.44 o 430 DrzA,U PePg t.F 1400 6•79 21 16 BRVns t=P 20 6,10 122- I 90° L:.�-$OW PA. 3 SZ.00 1510 �S° t�l.�o.,� GP I 44,E us "'rEL- SE-Cr 10 14 Ea \ 63.00 GS lk s,- TA AS 217.41 6°,C 1154 Vi NJ ExPa-orL' • it 4450 £ 223 - , I 8 p 1 cc r CAR.... �a 3 2G.00 �1g 'TR A SPoQTAZ,o,J QA- 9 000 D.o Z� I 2.o S i ,So3 • I5Rt. .. r _ V Rc:1 �_ � srpoda ur • 80600 — IIA-rii �r erg tr O.-JO 80.00 CP 2.4 . CR.Zi-j I Pia 11; 1 tt-V'. '` • :X; '3 y IF _ I CON77, '.. W'?7ONSHEET N ■ 10l (%z CH"JOAasEN mIN►JEgc1q_ Sheet No. 8 of IICC NO.OF PRICE COST ACCT. ITEM DESCRIPTION AND UNIT UNITS PER UNIT DISTRIBUTION NO. LABOR MATERIAL TOTAL A&B ACC.DEP. OPTG Luse . fi 't c0(.4►�Y11+6 5S0 • W ca ` o. - * • Liif 29y LABOR rn(��J� �Yr �1+b xr�ir LF — 11.39 — I RFruoiir= TRf 7kr��,i. l.F 185 MoQ -. =: ►: S ; 1Co PoLg Ciea6LP tN s. ?.0u a,31 l,2 DRA,) PIPE t.F Lk0o ).8S 140 u NL-8 At) B PJ LfdT CH 1$s 3,14 101 R►=cJ ILO ''rRtc TMfew Ximc. 1 F 155 to,o, \%L J�(.tRFArE. "TRIG Tt1Ru X,w_ 113S 3 _= c _ _ OE 2 _ 2337 G 'r`,f Pr=kn./t, L F 0 1'-t$ °JS L S.G.: 0 • T r J — '- . 1% '2.t S.wlclARaM X953 ._47,4)1: 'tZ'l IS 70Z. I e_ :f6 1-117 88 U0 • 8S ) Co nrrfNGt.rkff ) 5653 • COST–1-Ppra 62,505 1 I 1 J 1 I , _ I -� 3062 f 0416 1 ii • IITEM NO. E►JG►Ne-sRIOG DEPARTMENT SheetNo._ - !an or of de No. OM 8L1y0 PF ESTIMATE SHEET State M/uNitre-R *Est by \JJ S Date "2-9-5° Region Nd Rrttt,eN 'Checked by !Q Q�,6 I 1 a LL Val.Sec No. P-45 ` ` Sta.or M.P. CM oft 6.csc-pi From Description of Work. YV. 09)7-L+ST. A; CHF{!J4f Ass C .) MIN N;r:.JTA Estimate No. To 1Rcrno FxlsTiwt 66, F;. F t(9 wj Rf TNr111.' 'c TYPE rRny,'Nc. , r.mS'di-L hem No. 1-.5t Fr. Rkec CRU&iN(. A_•r N::.w L-0Cerk,., • f;?G G: w Ti Es k0,o&AL-L I.7 Miki Xi/4, A,f ea/• RE:..tSE. EX CST,N6 RRIL.' 1NSi& . 1,! ..TuRFAr I tRAI,J 5 7 i,', 1I ACC NO.OF PRICE COST ACCT. ITEM DESCRIPTION AND UNIT UNITS PER UNIT DISTRIBUTION NO. LABOR MATERIAL TOTAL A&B ACC.DEP. OPTG • _— '9 ■■ m. Go OM ■ { - P n 3/ z - — M■ ' 111110E111 . lEgE - . 83 � � +� - 0 o 0.- S 1 ■ IIIIINIMICI MI '37_ III • ■ Ru,- c u _ .zoo•■ MU — 1111 . — 0 — II P - : C N — 80. .o — ■ L! 2. o �W"- I■ •E; _ - . o fa= ECM; :.-M•migmlimmenall1 2..00 MEM III • . ■ - - 111 :-. _ r3111111 .00 IIIMIII . a - 1E' —111=1111 - III Mig II ■ - 1 ts • - . __ -0.•. I..MEI NI • ..- t ten out, SOO LINE RAILROAD COMPANY GRADE CROSSING WARNING DEVICES or STREET: WEST 78TH STREET IV CITY: CHANHASSEN STATE: MN ITEM DESCRIPTION UNIT QTY ;• COST II Half Roadway Gates w/Flashing Light Signals Each 2 11 ,000 Cantilevered Flashing Light Signals Each 1 4,500 Bungalow Each 1 6 ,400 I Foundations Each 6 900 Cantilevered Mast Foundation Each 1 600 Rectifier Each 2 820 Transformer Each 1 250 I Neutral Relays Each 6 2, 100 Flasher Relays Each 2 1 ,500 Crossing Predictor HXP-1 (System 10) Each 1 14,300 II Storage Battery Cells 7 1 , 120 Case Wire Material Lot 1 1 ,500 Underground Cable Lot 1 2,000 II A.C. Service Each 1 500 Bonds and Rail Connections Each 150 300 Highway Crossing Monitor Each 1 700 Pipe, 3" Galvanized Feet 126 630 IIAuxilliary Crossing Control AXC-1 Each 1 1 ,460 Signal Material Subtotal $50,580 IITrack Material Lot 1 500 IMaterial Subtotal $51 ,080 axes and Stores 7,662 . . IITOTAL MATERIAL $58,742 Engineering and Supervision 1 ,300 I Signal Labor 11 ,000 Section Crew Labor 500 Accounting Labor 400 1 TOTAL LABOR $13,200 II Labor Additives 53.47% 7,058 Employers Liability Insurance 4.29% 566 Equipment Rentals 2,409 Crew Expenses 3,300 IITOTAL LABOR ADDITIVES $13,333 TOTAL ABOVE ACCOUNTS $85,275 I CONTINGENCIES 10% $8,528 . ITOTAL ESTIMATED COST $93,803 OFFICE OF THE CHIEF NGINEER, MINNEAPOLIS, MINNESOTA ESTIMATED BY: f7_,- DATE: /.//7e19 II iRW/4114 - ._ - f __ - .�, a ►..1 _ _ SOO LINE RAILROAD COMPANY � Signal 439-1 relocation and raising pole line -7 J/ 8 due to new West 78th street grade crossing. • CITY: CHANHASSEN STATE: MINNESOTA ITEM DESCRIPTION : UNIT : QTY ; COST SA High Signal Complete With Mechanism Each 1 2,500 DC-DC Convertor Each 1 600 Battery Choke Each 1 150 Dual Wideband Couplers Each 2 600 Crossarms Each 5 125 Foundations Each 1 150 Neutral Relays Each 4 1 ,400 Case Wire Material Lot 1 500 Underground Cable Lot 1 500 Aerial Cable Each 1 200 Misc. Signal Material Lot 1 500 Signal Material Subtotal $7,225 1 Track Material (2 Insulated Joints) Lot 1 700 Material Subtotal $7,925 ITaxes and Stores 1,189 iTOTAL MATERIAL $9,114 Engineering and Supervision 800 Signal Labor 2,000 t Section Crew Labor 500 Accounting Labor 400 IITOTAL LABOR $3,700 Labor Additives 53.47% 1,978 II Employers Liability Insurance 4.29% 159 Equipment Rentals 675 Crew Expenses 925 II TOTAL LABOR ADDITIVES $3,737 TOTAL ABOVE ACCOUNTS $16,551 CONTINGENCIES 10% $1,655 TOTAL ESTIMATED COST $18,206 - OFFICE OF THE CHIEF ENGINEER, MINNEAPOLIS, MINNESOTA ESTIMATED BY:2'7VW DATE: 3-1- 90