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F I ADMINISTRATIVE SECTION 1 MnDOT News dated August 3 , 1988. Letter from Jim Lasher dated August 1, 1988. Letter from Hennepin County dated August 3 , 1988 . Letter to Weis Builders dated August 10 , 1988. ' Letters to various Developers from Gary Tousley dated August 10 , 1988 regarding site clean-up. Letter to Ron Hellmer dated August 11, 1988. Letter from DNR dated July 22 , 1988 . Letter to Tom Conway dated August 9 , 1988. Letter to Conrad Fiskness dated August 17, 1988 . ' Memo from Larry Brown dated August 17, 1988 . Letter from Rosemount, Inc. , dated August 17, 1988 . HRA Accounts Payable dated August 22 , 1988 . I 1 I 1 I . CC . A m Jw Ca to NN o r� 'Mn/DOT - _� .� I Nev : s OFTP IAugust 3 , 1988 Date: 612/593-8432 I 3 : 00 PM 612/593-8414 To be Released: MN/DOT ANNOUNCES ADDITIONS TO 1992-93 HIGHWAY DESIGN PROGRAM I This spring ' s landmark $390 million transportation funding package (passed by the 1988 Minnesota State Legislature and signed by Governor Perpich) has allowed design activity to begin or resume on 52 highway Iconstruction projects around the State of Minnesota . The Minnesota Department of Transportation has allocated $208 million of this package to major construction and reconstruction highway I projects , while $71 , 5 million will go to bridge reconstruction, announced Commissioner Leonard W. Levine. I Statewide, the plans call for 52 major highway projects covering 253 miles of highway and 67 bridge replacement projects between July 1 , 1991 , and June 30 , 1993 . These projects supplement safety improvement Iprojects , interstate projects , resurfacing, and bridge repair work. In the metro area , 15 major construction and reconstruction projects and bridge replacement projects have been added to the 1992-93 design I program . However , construction of these projects will depend upon future appropriations from both the Legislature and Congress . I "This work program is based on projected revenues , and is designed to maximize our use of federal dollars , " Levine said . "In the past , Minnesota has received as much as $1 . 62 in federal highway assistance for every federal highway tax dollar collected in the state. " I All of the design program additions in the Twin Cities area will begin after the current Federal Highway Act expires October 1 , 1991 . I ** *** For more information , contact : IBill Crawford , District Engineer Kermit McRae, District Engineer District 5 - West Metro District 9 - East Metro I593-8401 779-1100 Marsha Storck Jan Ekern Public Affairs - D-5 Public Affairs - D-9 I593-8432 779-1248 g� ,IL �q Attached is a listi„CITY tT � J1 i S ded to the 1992-1993 program . I I MfiLE AUG 0 4 1988 I ENGINEERING DEPT. 1 Minnesota Department of Transportation/District 5,2055 N. Lilac Dr., Golden Valley, MN. 55422 3 1 1 MINNESOTA DEPARTMENT OF TRANSPORTATION II ADDITIONS TO HIGHWAY DESIGN PROGRAM - METRO AREA FISCAL YEARS 1992-93 1 DISTRICT 5 - WEST METRO HIGHWAY COUNTY LOCATION . MILES EST . COST II 5 Carver North junction of TH 25 to TH 284 5.6 $2 . 2 mil . I 5 Carver Th 284 to TH 41 9. 8 $3 . 9 mil . New 10 Anoka Egret Blvd . to County Rd . J (Stages 1 and 2 of 4 stages ) 2. 3 $27 mil . 101 Henn. Gray ' s Bay bridge and II approaches 0 . 8 $2 mil . 169 Henn. 93rd Ave. N. to Champlin ( final stage) 3. 4 $4 mil . II 212 Carver I-494 to CSAH 4 (Stage 1) 3 . 2 $9 mil . 47 Henn. Bridges 5585 , 5586 , 5588 located just south of I Anoka County line $5. 5 mil. 55 Henn. Bridge 6747 west of TH 100 $250 thou. 55 Henn . Bridge 6344 west of TH 100 $250 thou. DISTRICT 9 - EAST METRO II 3 Dakota Co . Rd . 42 to 142nd 0 . 9 $1 . 5 mil . I 36 Wash . CSAH 15 to St . Croix Bridge (Stage 1 ) 4 . 1 $5 mil . 55 Dakota Mendota Interchange Stage 2 2 . 0 $9 . 4 mil . 13/55 Dakota Bridge 19029 near TH 13 $1 . 1 mil . II 36 Wash . Bridge 4654 at St . Croix River $17 mil . 55 Ramsey Bridge 4190 at Mendota Bridge $12 mil . II 1 1 8/3/88 II. 1 1 1 I0€? A-10 ryi)is P>-euzo- 3 3 .3 i".1 -0 PLANNING ENGINEERING / TRANSPORTATION - y i3(0 ARCHITECTURE BENNETT,, RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. • THRESHER SQUARE • 700 THIRD STREET SOUTH • MINNEAPOLIS, MN 55415 • PHONE 612/370-0700• I IAugust 1, 1988 ,;I T°' OF CHAINH RIMIIFF IMr. Gary Warren AU G 0 2 1988 City of Chanhassen Box 147 ENGINEERING DK IChanhassen, MN 55317 Dear Gary, II This letter is to inform you of progress on the Chanhassen Clock Tower and Entry Monument construction. IClock Tower The clock tower has progressed well with minimal interruptions. The clockfaces I and all associated neon will be installed on or around August 15, 1988. This work will be the final step in construction exclusive of clean-up and planting. City of Chanhassen Entry Monument IIThis portion of work is approximately 80 percent complete. The sign panel to be mounted on the retaining wall and planting are scheduled to be completed soon IIthereafter. Bloomberg Stage Sign I The construction of this element has progress to its current status on a some- what more bumpy path. We have received stone for paving which was not approved and have subsequently had to reject it. According to the Contract, we should II have received a sample of all stone for approval prior to any delivery or installation. As a result of this error and omission, additional construction management time has been spent by our staff. IWe are currently reviewing what appears to be inappropriately fabricated and installed steel structure. There is a meeting scheduled for August 1, 1988, with BRW staff and consultants, Morcon Construction Company, and a representa- ' tive from the steel fabricating company. At this meeting, we will determine what, if any, remedy can expedite completion of this project while maintaining all original aesthetic conditions. If it is determined that an error or I omission has been made by the General Contractor or any of his subcontractors, the additional time needed to redesign portions of this work should be billed to II DAVID J.BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E.JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A.AMUNDSEN DONALD E.HUNT MARK G.SWENSON JOHN B.McNAMARA RICHARD D PILGRIM DALE N BECKMANN DENNIS J.SUTLIFF MINNEAPOLIS DENVER PHOENIX I e Mr. Gary Warren II August 1, 1988 �� Y� Di Page 2 3!w" I,ra-0/77A, the General Contractor by the City of Chanhassen. This method of payment for II additional services is outlined in the AIA A-201 General Conditions Article 13, Section 13.2 - Correction of Work. I will keep you advised on these matters as soon as new information becomes II available. Sincerely, I BENNETT-RING s E1WOLSFELD-JARVIS-GARDNER, INC. — - 1 .mes B. .sher I JBL/ckh cc: Gary Ehret, BRW, Inc. II Don Ringrose, BRW, Inc. Tim McFarland, Morcon Construction Company Mike Ryan, BRW, Inc. II II I II II II II I II II I , DEPARTMENT OF ENVIRONMENT AND ENERGY 822 South Third Street, Suite 300 Minneapolis, Minnesota 55415 (�C'. AO� HENNEPIN Phone: (612) 348-6846 w Sa 1 vv rpt)August 3, 1988 To Hennepin County Municipalities and ' Solid Waste Collectors and Disposal Facilities Subject: PROPOSED TIP FEE AT HENNEPIN COUNTY WASTE FACILITIES Hennepin County will hold a public hearing August 25, 1988, regarding the ' proposed tip fee it will charge for solid waste disposal in Hennepin County. Enclosed is 'a copy of the official Notice of the Public Hearing. A $75.00 per ton fee is proposed by the County for 1989. The fee is designed to ' cover all solid waste transfer, processing, recycling, and composting costs. Approximately sixty percent of the tip fee will go to cover the costs of the waste-to-energy facilities, including both the mass-burn plant in downtown Minneapolis and the NSP-RDF facility in Elk River, as well as the costs of ' disposing of residue and ash from these two facilities and landfilling non-processible and excess waste. ' Twenty-two percent of the tip fee will be used to pay for the construction and operation of the transfer stations, which transfers the solid waste to processing facilities. ' The County helps cities in the County fund their recycling programs, and approximately 16% of the tip fee will be utilized for these grants, for operating the County yard-waste-composting facilities and for the recycling portion of the ' transfer stations. Two percent of the tip fee will be used for household-hazardous-waste management and administration costs. The County desires to establish the 1989 tip fee as soon as possible to give ' waste haulers time to incorporate these increased tip fees into their 1989 rate schedules. It is estimated that the tip fee would go into effect about June 1, 1989. The County Board will establish the effective date a minimum of 60 days ahead of time. Please contact Dave Winter at 348-4491 if you have questions or need more information. CITY OF CligiiiiiSSEE EME TO ' AUG 04 1988 HENNEPIN COUNTY ENGINEERING DEPT. an equal opportunity employer (Official Notice) NOTICE OF PUBLIC HEARING ON ESTABLISHMENT OF A SOLID WASTE TIPPING FEE FOR HENNEPIN COUNTY Notice is hereby given that the Hennepin County Board of Commissioners will hold a public hearing in the County Board Room, 24th Floor, Hennepin County Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, on Thursday, August 25, 1988, at 10:00 a.m. The purpose of the public hearing is to seek testimony on establishment of a Pu Po P 9 Y ' solid waste tipping fee for 1989 of $75.00 per ton. The County Board resolution establishing the effective date will be adopted a minimum of 60 days before the ' effective date. It is currently estimated the effective date will be June 1, 1989. Anyone wishing to offer testimony either in written or oral form should do so at the public hearing, or by letter directed to the County Board of Commissioners, by August 25, 1988. By order of the Hennepin County Board of Commissioners. ' August 2, 1988 File: PUBHRG INELSONLI CITY OF ANHAssEN a L s 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 August 10 , 1988 Weis Builders, Inc. Attn: Erik J. Weis , Project Manager ' 3601 West 77th Street Suite 110 Minneapolis , MN 55435 Re: Town Square Center (Retail West) File No. 87-3 Site Plan ' Dear Mr. Weis: In reference to your August 4th, 1988 letter concerning the ' parking lot curb and drainage issues for Town Square Center, you are hereby notified that the south curb line of the parking lot and the east curbing along the Riviera Supper Club are to be removed and installed in accordance with the approved plan pre- pared by Arvid Elness Architects No. R2Ala, revision dated 5/17/88. The catch basin in the southwest corner of the parking lot is needs to be relocated as a part of this correction to pro- vide positive drainage for the parking lot in accordance with the approved plan. I This was verbally discussed with you on August 9 , 1988 and in addition you indicated that you would be submitting a plan the first part of next week which addresses the sidewalk and foun- dation issue on the east side of this building. Please contact ' Don Ashworth concerning your questions on the drive-through at the Riviera Supper Club. I will be on vacation the week of August 22nd. Jim Lasher of BRW can be contacted if you have any further questions in my absence. Sincerely , CITY OF CHANHASSEN 1 Gaaill Warren , P.E. City Engineer ' GGW:ktm cc: Jim Lasher , BRW ' Don Ashworth, City Manager City Council Administrative Packet ( 8/22/88) 1 .. 1 . CITY OF 1 It4-:. tr . . ,. , ; t A . I , , , - .- t- AL I ., . - ar$: fP- .:.- i - - HASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I �sh�~" (612) 937-1900 IAugust 10, 1988 Bloomberg Companies, Inc. Attn: Mr. Clayton Johnson 1 P.O. Box 100 Chanhassen, MN 55317 1 Re: North Lotus Lake File No. 87-10 II Gentlemen: - After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: I1. Catch basins are full of mud and debris from runoff from improper ero- sion control and need to be cleaned and flushed out. II2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. I As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. IThe builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be II placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If IIyou should have any questions, please do not hesitate to contact me. Sincerely, Gary 26usley j IInspector GT:54 Icc: Gary Warren, City Engineer Larry Brown, Staff Engineer II Ron Julkowski, Building Official Steve Kirchman, Building Inspector 1 . 1 CITYOF • Vt: HAssEN N1/4, • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 10, 1988 ' Derrick Land Company 1650 Shelard Tower Minneapolis, MN 55426 Re: Fox Chase File No. 84-7 1 Gentlemen: After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- , sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. Sincerely, Gary Y Tousle ' Inspector GT:Im cc: Gary Warren, City Engineer Larry Brown, Staff Engineer Ron Julkowski, Building Official Steve Kirchman, Building Inspector 1 CITY OF NEASSEN AL: 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 10, 1988 Eight Acre Woods General Partnership 2495 Willow Drive Hamel, MN 55340 Re: Eight Acre Woods ' File No. 87-29 Gentlemen: After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- sion control and need to be cleaned and flushed out. ' 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If ' you should have any questions, please do not hesitate to contact me. Sincerely, Gary Tousley V Inspector GT:Im cc: Gary Warren, City Engineer Larry Brown, Staff Engineer Ron Julkawski, Building Official Steve Kirchman, Building Inspector r CITYOF A s 111 J 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 10, 1988 Paul M. Palmer 3402 Columbus Avenue South Minneapolis, MN 55407 Re: Whitetail Ridge File No. 87-13 ' Gentlemen: After a complete on-site walk through of your project I found that the following ' items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff fran improper ero- I sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste ' material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away fran the curbing so as not to cause any problems. ' A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. ' Sincerely, Zei-ty Gary Tousley Inspector ' GT:kt cc: Gary Warren, City Engineer ' Larry Brown, Staff Engineer Ron Julkowski, Building Official Steve Kirchman, Building Inspector ' r CITY ® F \: . !1 : G II \i , L.: . ,.. . _ t- 4 AlOk 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 1 August 10, 1988 Thomas Klingelhutz 8551 Tigua Circle 1 Chanhassen, MN 55317 Re: Pheasant Hill 4th Addition 1 File No. 87-8 Gentlemen: IIAfter a complete on-site walk through of your project I found that the following items need your immediate attention and correction: Ii. Catch basins are full of mud and debris from runoff from improper ero- sion control and need to be cleaned and flushed out. 1 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. 1 As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. 1 The builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so 1 as not to cause any problems. A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. 1 Sincerely, &tt JCrLJ i Gary Tousley 1 Inspector GT:]4m 1 cc: Gary warren, City Engineer Larry Brown, Staff Engineer Ron Julkoiski, Building Official IISteve Kirchman, Building Inspector 1 ., CTYOF ,...t.--A 1 \ . cEt.690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 AssEN . t. N .1 i , . 1 N.--‘4.--- _, (612) 937-1900 �, 1 August 10, 1988 1 Robert Engstrom Companies, Inc. Attn: President II 4801 West 81st Street, Suite 101 Bloomington, MN 55437 Re: Creek Run II File No. 87-26 Gentlemen: 1 After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- II sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's 1 trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and 1 clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste 1 material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away fram the curbing so II as not to cause any problems. A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. 1 Sincerely, ) • IUZC.�,Le2 1 Gary Tousley Inspector 1 GT:km cc: Gary Warren, City Engineer II Larry Brown, Staff Engineer Ron Julkawski, Building Official II Steve Kirchman, Building Inspector 1 I ,, t!ork CITY OF \ fq k \ 1 - NEASSEN «a r 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 August 10, 1988 ' Centex Real Estate Corporation 5959 Baker Road, Suite 300 ' Minnetonka, MN 55345 Re: Curry Farms 1st Addition ' File No. 87-16 Gentlemen: ' After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: ' 1. Catch basins are full of mud and debris fran runoff from improper ero- sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's ' trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and ' clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. ' The builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. ' A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. Sincerely, 1 Z . Gary Tousley Inspector 1 GT: ' cc: Gary Warren, City Engineer Larry Brown, Staff Engineer Ron Julkowski, Building Official Steve Kirchman, Building Inspector CITYOF HAssEN . ie. t; a-. E►x° 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 10, 1988 Boeck-Kevitt Partnership Attn: Jeff Boeck 7441 Jolly Lane North Brooklyn Park, MN 55428 Re: Carver Beach Estates File No. 84-9 Gentlemen: After a complete on-site walk through of �p ug your project I found that the following items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's ' trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and ' clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. Sincerely, & r O ic,2Ce� �}- Gary Tousley Inspector GT: cc: Gary Warren, City Engineer Larry Brown, Staff Engineer Ron Julkowski, Building Official Steve Kirchman, Building Inspector CTYOF ' A 01:11: 11 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 August 10, 1988 Builders Development, Inc. P.O. Box 637 ' 1055 East Wayzata Boulevard Wayzata, MN 55391 ' Re: Saddlebrook File No. 87-15 Gentlemen: After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- sion control and need to be cleaned and flushed out. ' 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. ' As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. ' The builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be ' placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If ' you should have any questions, please do not hesitate to contact me. Sincerely, ' 4JCZ�1 c CJG�LC (7 Gary-Tousley ' Inspector GT:} m ' cc: Gary Warren, City Engineer Larry Brown, Staff Engineer ' Ron Julkowski, Building Official Steve Kirchman, Building Inspector CITYOF •: \ '" \ . t. . , .• . . ,. ' CE :', , 1 ,, `„ � 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 z^ (612) 937-1900 I August 10, 1988 I Melvin M. Kurvers 7240 Chanhassen Road II Chanhassen, MN 55317 Re: Kurvers Point II File No. 87-20 Gentlemen: After a complete on-site walk through of your project I found that the following II items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- I sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's II trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and I clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste II material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. I A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. I Sincerely, ki �✓UtL4_,iLc_c.j Gary Tousley (,/ Inspector II GT:15dn cc: Gary Warren, City Engineer I Larry Brown, Staff Engineer Ron Julkowski, Building Official Steve Kirchman, Building Inspector II II I I ..s.... CIFYOF ._..,. tL . _., , C t' *i. .- : • ASSEN ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 .`�a�;�'`,� (612) 937-1900 i IAugust 10, 1988 United Mortgage Corporation Attn: Mr. Ron Helmer I 8300 Norman Center Drive Suite 1000 Bloomington, MN 55437-1091 IRe: Hidden Valley, Phase I and II File No. 85-12 IIGentlemen: After a complete on-site walk through of your project I found that the following IIitems need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- ' sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. IIAs you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have Ithe proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste I material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. IA general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. ISincerely, / Gary Tousley ., I Inspector IGT:k.tfi cc: Gary Warren, City Engineer II Larry Brown, Staff Engineer Ron Julkcwski, Building Official Steve Kirchman, Building Inspector 11 _ , II CITYOF „.,4,..,. L., 4 ,-. .,, i -,: NEASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 II August 10, 1988 II Meritor Development Corporation Attn: Mr. Thomas Gastler 605 West Travelers Trail II Burnsville, MN 55337 Re: Chanhassen Hills 1st and 2nd Additions II File No. 86-2 and 87-25 Gentlemen: After a complete on-site walk through of your project I found that the following II its need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- II sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's I trucks hauling through the development. As you are well aware, all storm sewers and catch basins must be kept open and II clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste I material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so II as not to cause any problems. A general cleanup of the development should be done at least once a week. If you should have any questions, please do not hesitate to contact me. II Sincerely, a/ JLCy�'-t Gary Tousley Inspector II GT:>em cc: Gary Warren, City Engineer 1 Larry Brown, Staff Engineer Ron Julkowski, Building Official Steve Kirchman, Building Inspector II I 1 .. ..• ‘, I ... • CITY OF . . w . i \ '1'16/42:- t. i - i ' 1 , u I \ :. i. - C 131 -1,- !.. a, ,„.. - SSEN -� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I '- ''1 (612) 937-1900 ' August 10, 1988 Enterprise Properties Attn: Mr. Saul Segal I 6700 Excelsior Blvd. Minneapolis, MN 55426 I Re: Chanhassen Vista 2nd, 3rd and 4th Additions File Nos. 86-8b, 86-8c and 86-8d Gentlemen: After a complete on-site walk through of your project I found that the following items need your immediate attention and correction: II1. Catch basins are full of mud and debris from runoff from improper ero- sion control and need to be cleaned and flushed out. II2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. II As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new homes under construction within the development must have the proper erosion control, especially those lots that are steep. IThe builders in your development should be careful to make sure that all waste material and debris are placed into the dumpsters. No dumpsters should be II placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If IIyou should have any questions, please do not hesitate to contact me. Sincerely, 1 \-J 0c4-4—Gary ley IIInspector GT:iOt 1 cc: Gary Warren, City Engineer Tarry Brown, Staff Engineer 1 Ron Julkowski, Building Official Steve Kirchman, Building Inspector 1 . ! CITYOF ik T As 1 cE ,,. . .: ,,,., , \ , 1/4 , 1 , , ,\ - 3 . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 — (612) 937-1900 I August 10, 1988 Abacus Development Corp. 11 14525 Highway 7, Suite 145 Minnetonka, MN 55345 1 Re: Shadowmere File No. 87-21 IGentlemen: After a complete on-site walk through of your project I found that the following II items need your immediate attention and correction: 1. Catch basins are full of mud and debris from runoff from improper ero- 11 sion control and need to be cleaned and flushed out. 2. Streets are getting excessively muddy as a result of the contractor's trucks hauling through the development. I As you are well aware, all storm sewers and catch basins must be kept open and clean. Also, all new hares under construction within the development must have II the proper erosion control, especially those lots that are steep. The builders in your development should be careful to make sure that all waste II material and debris are placed into the dumpsters. No dumpsters should be placed on any streets or curbing and must be set back away from the curbing so as not to cause any problems. A general cleanup of the development should be done at least once a week. If II you should have any questions, please do not hesitate to contact me. Sincerely, I ICtt JCI-C-J-re-<-4 J v IIGary Tousley Inspector GT:lyti cc: Gary Warren, City Engineer Larry Brown, Staff Engineer II Ron Julkowski, Building Official Steve Kirchman, Building Inspector II II I 0"-- S`^ ILAW OFFICES C...,(`'.GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: I DAVID L.GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING DAVID L. HARMEYER ELLIOrr B. KNETSCH VANCE B.GRANNIS,JR. 161 NORTH CONCORD EXCHANGE MICHAEL jr.MAYER PATRICK A. FARRELL DAVID L.GRANNIS, III SOUTH ST. PAUL, MINNESOTA 55075 TIMOTHY J.BERG ROGER N. KNUTSON SOUTH (612)455-1661 IAugust 11 , 1988 Mr. Ron Hellmer IUnited Mortgage Co. 8300 Norman Center Drive, Suite 1000 Bloomington, MN 55437-1091 1 Re : City of Chanhassen - Hidden Valley Trail Easements Dear Mr. Hellmer: , IThis letter will confirm our telephone conversation wherein you advised that you would proceed to acquire the trail easements I from the landowners. If all the landowners cooperate in executing a new trail easement, the City will then allow the Resolution vacating the old easement to be recorded. If you do not get Ifull cooperation, the existing trail easement will remain. Please keep me advised as to your progress. I Very truly yours , 1 GRANNIS, GRANNIS , FARRELL I . & KNUTSON _:`i / , I BY f 1(■ U ? ' ; : ..% : a ■ 2' Valerie Linaman Legal Assistant ms cc : Ms. Lori Sietsema ' Mr. Don Ashworth I I I .._. i. is AUG 1. 21988 CITY OF CHANFiASSEN 7 ARM 5 5170-1 ��STATE OF L. MMZCDUQ l DEPARTMENT OF NATURAL RESOURCES PHONENO. 296-7523 1200 Warner Rd., St. Paul, MN 55106 FILE NO. July 22, 1988 Ms. JoAnn Olsen City of Chanhassen I 690 Coulter Dr. Box 147 Chanhassen, MN 55317 RE: LAKE RILEY WOODS NORTH/WALLSTED PRIVATE BEACH Dear 14411slsen: Thank you for contacting us regarding the above-referenced beach alteration projects on the south side of Lake Riley. As we discussed on site on July 18, 1988, both of the adjacent sites have been over-developed with regard to state permit guidelines as well as shoreland guidelines. WALLSTED PROPERTY The three major concerns on this site include 1) sanding in excess of the amount allowed without a DNR permit (the DNR allows installation of a beach sand blanket 50 feet along the shoreline or one-half the width of the lot, whichever is less, and extending only 10 feet waterward of the ordinary high water level, and no more than 6 inches thick) ; 2) excessive clearing of vegetation, exposing the homesite to the lake; 3) potential construction of an asphalt path to the shoreline with unknown methods of dissipating runoff at the bottom of the hill. Regarding the sanding-if the owner/developer/contractor is not willing to cooperate with the City in immediate restoration of all but the 50'xl0'x6' sand blanket, the DNR would treat the project as a violation of state laws and regulations-a misdemeanor under Minnesota Statutes §105.42. It appears that the homeowner is already cooperating with the city in regard to vegetative plantings to mitigate the removal of natural vegetation, therefore we encourage the cooperative removal of all excess sand. In addition-if not already addressed-the drainage down the access path should be reviewed for potential erosion of the lake. LAKE RILEY WOODS NORTH The extensive sanding, removal of vegetation, and cutting into what appears to have been an ice ridge at the ordinary high water level are all concerns of the DNR. DNR Permit #88-6090 was issued to George Nelson and Associates for a sand blanket as shown on the attached plan. The final project is not in compliance with the plans. We V _ would like to see a restoration plan for the site which: removes all sand not approved by permit, and otherwise restores the vegetation. JUL 2 1988 AN EQUAL OPPORTUNITY EMPLOYER CITY OF CHA(NhASSL•J LAKE RILEY WOODS NORTH Page 2 It appears that the person responsible for the sanding at these sites II has taken advantage of low water levels on Riley Lake. They should be made aware that the ordinary high water level (OHW) does not change with the lake level—it is a fixed elevation representing the highest elevation the lake has maintained for a sufficient period of time to I leave evidence upon the landscape. (An approximation of the OHW of Lake Riley would be elevation 865.) IPlease feel free to contact me should you have further questions. Sincerely, II 4 410 "/ Juay Boudreau I Area Hydrologist METRO AREA DIVISION OF WATERS II J95:kap IIcc: S. Walter, C.O. Bob Obermeyer, Barr Engineering I Jim Peterson, George Nelson & Assoc. City Shoreland File Lake File II I I II 1 t II II NM NM EN M MI IIIIII NM MI NM MI MI — .. ------ NM En NM \ I � 1 ` V ii / i // \ \ \ \4:06, L .. .. //./1/ ,/ \,:':'''.':i;7/;___,..gm 101..,,\ , .-- '''-.' 1..... ., ... / Oa 16117 AN'..,' ) "kii / / �/ / / �� GAL 6� - / / i ® �. i : s9 �4 prod / / EI . , le--\\........„.#4006 osi taw um .ili ---- ..,,- ---- . 40 / / / / // � � ®® / .i / / / ii p� / - / VA `° Lake Riley v :--- 7 . , , \r"\f:(Qiii; i lqi i 0V / ' ' N b(0 N 1 CITY ® F C HfissEN \ , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 j r (612) 937-1900 ' August 9, 1988 ' Mr. Tom Conway 800 Pontiac Lane Chanhassen, MN 55317 Dear Mr. Conway: ' This is to confirm that the hill located in the rear yard of your lot, Lot 5 , 'Block 2 , Chanhassen Vista 4th Addition, and vegeta- tion on the hill are within the protected conservation easement located north of the Chanhassen Pond. Staff visited the site, at ' which you were present, and explained that any alteration to the conservation easement is not permitted. City Council approval is required for you to remove the hill so that you have a view of ' the pond. It was stated by yourself that you did not have the time to go through the City Council process . ' This is to confirm that the subject site is within the protected conservation easement and any alteration to it without city approval would result in a violation to the conservation easement and you would be required to restore the site to its existing ' condition. Should you wish to bring this subject before the City Council, please contact me and I can schedule you for the next agenda which is September 12 , 1988. ' Please feel free to call me if you have any questions . Sincerely, ' Jo Ann Olsen Assistant City Planner ' JO:v cc: Barbara Dacy Scott Harr ' Ron Julkowski Lori Sietsema 1 Il , r CITY OF I ,.., . te . ,„ t F - I i . C ,t1, : A ;: , ir... ,,.. ,,, ssEN .„, - .w"', . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I ' „,s (612) 937-1900 II August 17, 1988 I Mr. Conrad Fiskness 8033 Cheyenne Avenue Chanhassen, MN 55317 tDear Conrad: II am sorry for not getting back to you after calling you a week ago Saturday." As you are aware, I had received a call from Mr. Holtmeier regarding erosion on Lake Susan. Based on the descrip- tion given to me, I assumed that the dirt pile referred to was I created by the Waste Control Commission ' s contractor. I was anticipating that the Watershed District would have greater control powers than the City would over a metropolitan agency. IAfter walking approximately 300 ft. of properly installed silt fencing, I was perplexed as to where the alleged erosion was . I then found a bulldozer trace leading to the creek area. Debris I of one to two feet had been pushed into the creek area as the bulldozer moved from one side to the other. II wish to thank both you and the District' s Engineer, Bob Obermeyer for your taking that Saturday afternoon to help reach solutions . I am still unsure as to how we missed each other at I the site. As I stated to you later, I did recontact our engineer to relay that he was mobilizing the wrong contractor. Given the number of people gone during that following week, I do I not blame Mr. Brown for not personally visiting the site to verify that the contractor/developer had met the promises given that week that the problem would be corrected. In fact, he ,aas I so shocked and disturbed when being notified the following Saturday that the work had not peen completed, that he personally drove from Monticello to the site and carried out the hay bale installation himself on that Saturday. I know these facts to be I correct as I was also working Saturday afternoon and helped Larry obtain the keys necessary for the equipment to complete the work. I was still here when he returned slightly drenched. He had I completed the work just prior to the significant rainfall that occurred late that afternoon/evening. I II Mr. Conrad Fiskness ' August 17, 1988 Page 2 Mr. Holtmeier recently wrote an article on this item. Although I believe he overstated the extent of the problem, I agree with his conclusion that all developers should be more sensitive to our lakes , streams, and ecology. I would go on to state that there are a lot of dedicated people out there, like yourself, who have ' taken many personal hours to devote to issues like this with few people knowing of such. Again, I would like to thank you, Bob Obermeyer, and Larry Brown for your efforts during the past two ' weekends. Sincerely, ' L-N./ ' Don Ashworth , . City Manager DA:k cc: Bob Obermeyer, Barr Engineering Larry Brown, Assistant City Engineer I I I I 1 I I 1 1 1 I I 1 I 1 1 1 1 1 1 1 , ( it ii _ I ; CITYOF e...,,e.„ ._, L,Leie ,',1"-* \I Ai , CHANHASSEN , 1 ,..,\ - _ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I r .}..t:- (612) 937-1900 �� a MEMORANDUM ITO: Gary Warren, City Engineer IFROM: Larry Brown, Staff Engineer L, ` DATE: August 17, 1988 I SUBJ: Riley Creek Sanitary Sewer Creek Crossing for Lake Susan Hills West Phase I File No. 87-32 ( private) On Saturday, July 23 , 1988 I received a telephone call from Don I Ashworth informing me that he had received a call from Mr. Wayne Holtmeier regarding the Lake Susan Hills project. Apparently the contractor had filled in a 30-foot portion of Riley Creek during the clearing and grubbing process for the installation of the I sanitary sewer which has been proposed to connect to the City' s trunk sanitary sewer adjacent to Lake Susan. I Efforts to contact the contractor for the job failed. Consideration was given to contacting the Public Works Department to clear the creek, however, it was decided that the existing I material placed in the creek bed had been compacted by the heavy equipment which deposited the fill material. To open up the creek without the proper erosion controls on hand appeared to be a potentially worse situation than leaving the creek as it was I until the contractor could properly install ALL of the necessary erosion controls to protect Lake Susan. I On Tuesday, July 26 , 1988 City Inspector Gary Tousley informed me that the fill material had been removed from the creek and that all of the necessary erosion controls were in place. On Friday, July 29 , 1988 I called Wayne Lamoreaux from Probe Engineering to I confirm with him that all the necessary erosion controls were in place as dictated by the approved plans and specifications and the Watershed District. Mr. Lamoreaux assured me that all the Imeasures were intact. On Friday, August 4 , 1988 Councilman Dale Geving called to inform I me that Mr. Holtmeier had additional concerns regarding the installation of the erosion barriers at Lake Susan. Councilman Geving requested that I call Mr. Holtmeier to review his concerns and to walk the site to ensure that the erosion controls were II II I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I . ' Gary Warren August 17 , 1988 Page 2 intact . Attempts to contact Mr. Holtmeier at his residence ( 934-3816) at 5 :15 p.m. and 5 : 45 p.m. received no answer. After walking the site I discovered that the existing erosion controls were placed perpendicular to the creek to act as a check dam. One of these had been severely damaged by the storm we had ' received the previous Wednesday night . I then proceeded to install Type II erosion control along the creek banks and repaired the existing check dams within the creek. I completed ' the installation of the fencing at approximately 10: 30 p.m. To ensure that Councilman Geving ' s request was carried out , I tried calling Mr. Holtmeier at his home on Sunday , August 7 , 1988 and again received no answer. ' On Friday, August 12 , 1988, I received a call from Robert Obermeyer , District Engineer for the Riley-Purgatory-Bluff Creek Watershed District. Mr. Obermeyer stated that he had received a telephone call from Mr. Fiskness regarding the letter to the edi- tor which was published in the "Chanhassen Villager" dated ' Thursday, August 11 , 1988 from Mr. Holtmeier (refer to attachment 1 ) . I informed Mr. Obermeyer that based on the previous perfor- mance by the contractor regarding this matter, the developer' s engineer was responsible for walking the entire site to inspect ' erosion controls every Thursday with a representative from the City until the project is completed. On Friday, August 12 , 1988 I reviewed the creek area which had been violated previously. Once again the erosion controls were damaged. I immediately posted a "Stop Work Order" on the site and contacted Enebak Construction Company, the general contrac- tor, and Knutson Construction Company to inform them that action to resolve this problem had to be initiated by 10 : 00 a.m. on Saturday, August 11 , 1988 . Knutson Construction Company stated ' that they could not start working on the problem until Monday , August 15 , 1988 . In light of their response, I contacted Jeff Swedlund with the intent to repair the creek with the City' s contractor and bill all costs back to the developer . Mr. Swedlund reviewed the site and informed me that the gravel filter rock and additional erosion controls would be impossible to obtain on Friday night or on a Saturday. I reviewed the opera- tion hours of several suppliers and found that it would be very difficult to obtain the necessary materials . I informed Mr. Swedlund that if the contractor had not contacted my office regarding the repairs of the damaged area by 10 : 00 a.m. on Monday, August 22 , 1988 I would authorized him to repair the creek area and to install additional rock filters within the ' creek. On Monday, August 15 , 1988 I met with Knutson Construction Company to review the damaged areas. I witnessed the repair of ' these areas and lifted the "Stop Work Order" . 1 1 Gary Warren August 17, 1988 Page 3 In summary , I have spent en p t several hours trying to attend to a pro- ject which has been carried out carelessly by the contractor. My 1 failure to contact Mr. Holtmeier on August 4 , 1988 was not out of carelessness , but out of efforts to resolve the problem as quickly as possible. 1 Any further fault by the contractor will result in an immediate posting of a "Stop Work Order" on the project site until it is 1 verified by the Engineering Department that the problem has been resolved. 1 cc: 8/22/88 City Council Administrative Section i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Letters To the editor: incomplete environmental barrier ponds. But it is obvious to me the. On July 23, I notified Chanhassen was placed along the inlet banks on developer of Lake Susan Hills didn't,, city and Watershed District officials Aug.5. It took nearly two weeks for really care what happened to Lake' that the Lake Susan Hills Developer this problem to be resolved. Susan. The City Council must im- had filled in a 30-foot segment of the As a resident Chanhassen, I un- mediately put into effect procedures; inlet to Lake Susan and disturbed 700 derstand that the city is developing to assure situations like this one are feet of shoreline while providing no and with this development change dealt with immediately; and that-. environmental barrier to prevent will occur. However, we must not potentially more serious :.en.;; •soil erosion into Lake Susan. allow this change to have a negative vironmental issues do not occur in,; Response by Chanhassen and effect on our natural resources. the future. "" Watershed officials was immediate, I think the City Council and city , with a determination that the en- staff care about protecting Wayne E. Plains Blvd., forcement responsibility lay with Chanhassen's lakes, streams and Great P1ainS Blvd., the city of Chanhassen. After the Chanhassen city's initial response, the process slowed significantly.It was not until July 26 that the inlet was cleaned out,and it took until July 28 to install the environmental barrier. .— However, when installing the barrier,part of the inlet was refilled, and no barrier was in place to protect the inlet banks from erosion and the inlet itself was dammed by the environmental barrier. Calls to Chanhassen city staff on July 29 and Aug. 1 were not retur- ned.On Aug.3,it rained three inches and washed a significant amount of dirt,mud and hay bales through the inlet into Iake Susan. A call to a member of the City Council brought a review of the situation and an 1/0 MIN M M MOI MB NM Ale - 1 . '. S/ 1 ROSEMOUNT INC. 12001 Technology Drive Eden Prairie, MN 55344 U.S.A. (612) 941-5560 1 TWX. 4310012 or 4310024 FAX: (612) 828-3088 1 Rosemount® 1 August 17, 1988 1 1 Mr. Todd Gerhardt Administrative Assistant CITY OF CHANHASSEN 111 P.O. Box 147 Chanhassen, MN 55317 Dear Todd: 1 I am happy to inform you that Rosemount Inc. has chosen Chanhassen as the future site of our world-class 1 manufacturing facility. We were impressed with the proposed property, the thoroughness and professionalism of the Chanhassen site team, and with the economic assistance 1 offered by the City and Opus Corporation. Contingent upon: 1 (1) the satisfactory completion of our internal environmental assessment; 1 (2) the finalization of the agreed upon financial assistance; and (3) mutual agreement to the terms of the 1 development documentation; (4) verification that soil conditions are suitable 1 for the building plans; (5) attainment of necessary permits, approvals, Iand variances; we ntend to enter into a purchase and/or development agreement with the City of Chanhassen as soon as possible. 1 1 1 ' Mr. Todd Gerhart Page 2 CITY OF CHANHASSEN August 17, 1988 We look forward to an exciting and cooperative project, and ' many years of growth within your community. Sincerely, _ 476r/Li /1, k/t/6 Jeffrey W. Schmitt ' Director, Company Services and Human Resources ' JWS/smh cc: Mr. Fred Hedberg - Welsh Companies Ms. Christine Peterson - Opus Corporation Mr. John McKenzie - Opus Corporation Mr. Fred Hoisington - Hoisington Group Inc. Mr. Vern Heath - Rosemount Mr. John Berra - Rosemount Mr. Bob Cox - Rosemount Mr. Steve Quist - Rosemount I 1 1 1 I I I I I I I I I I I I I I I I I I I 1 Deanna Juergens 828-7801 August 17, 1988 FOR IMMEDIATE RELEASE ' ROSEMOUNT INC. TO CONSTRUCT NEW MANUFACTURING FACILITY IN CHANHASSEN ' Rosemount Inc. Eden Prairie, MN, announced today that it will construct a new world class manufacturing facility in Chanhassen, MN. The facility will be in excess of 300,000 square feet and initially will employ over 700 employees. Plans are that it will be fully occupied in the summer of 1990. The facility will manufacture precision instruments for the process industries which are currently manufactured in owned or leased facilities at other Minnesota locations. The new facility will permit expansion of other product lines at Rosemount's Eden Prairie, MN locations. Rosemount Inc. has ' other facilities located in Burnsville and Eagan. Rosemount Inc. is a world leader in the design and manufacture of instrumentation for the measurement and control of temperature, flow, level and pressure, serving Aerospace and Process Control markets. I I . I ROSEMOUNT ENGINEERING APPROVALS'CONSTRUCTI5N SCHEDULE Auoust 8' 1998 CITY SF CHANHASSEN PROPOSAL A. AGREEMENTS/STARTUP PHASE AUG 12' 1988 SELECTION OF CHANHASSEN AUG 12 SELECTION OF DEVELOPER AUG 12 INITIATE PLATTING/SURVEY (OPUS) AUG 12 - SEP 26 PREPARE/NEGOTIATE AGREEMENTS - CITY WITH OPUS (LAND PURCHASE) - CITY WITH ROSEMOUNT (DEV AGREEMENT) - ROSEMOUNT WITH DEVELOPER (DESIGN AGREEMENT) AUG 22 CITY COUNCIL INITIATE LAKE DRIVE EAST/MARKET BOULEVARD FEASIBILITY STUDY 111 SEP 26 RECEIVE FEASIBILITY STUDY/SET 429 HEARING ON LAKE DRIVE EAST SEP 26 CITY COUNCIL APPROVAL OF D[V AGREEMENT B. DOCUMENTATION/APPLICATION PHASE AUG 15 - SEP 8 PREPARE ENVIRONMENTAL ASSESSMENT WORKSHEET (U[V[LOPER>/P0SEMOUNT COMMITS TO BUILDING AND SITE DEVELOPMENT PROGRAM AUG 15 - SEP 15 PREPARE PLANS & SUPPORT DOCUMENTATION (DEVELOPER) - PRELIMINARY BUILDING & SITE PROGRAM - PRELIMINARY DESIGN/SITE PLAN - WETLAND ALTERATION PERMIT - VARIANCE 1SHOR[LAND ORDINANCE) - WATERSHED DISTRICT - PRELIMINARY PLAT SEP 15 SUBMIT APPLICATIONS (DEVELOPER) SEP 22 NEIGHBORHOOD INFORMATION MEETING (CITY) C. APPROVALS PHASE SEP 8 - 15 CITY STAFF REVIEW OF EAW SEP 16 DISTRIBUTE EAW TO REGULATORY AGENCIES INCLUDING EGG 1 SEP lb PLB1 I SH;MAI— NOTICES FOR PLANNING COMMISSION PUBLIC HEARING SEP 26 PUBLICATION OF EAN IN MONITOR SEP 26 — OCT 25 ERN REVIEW PERIOD OCT 5 PLANNING COMMISSION PUBLIC HEARING OCT 12 PUBLISH/NAIL NOTICES FOR VARIANCE AND CITY COUNCIL HEARINGS OCT 21 APPLY FOR WATERSHED DISTRICT PERMIT (GRADING & EROSION CONTROL) OCT 24 BOARD OF ADOUSTMENTS & APPEALS PUBLIC HEARING OCT 24 CITY COUNCIL HEARINGS ON: — LAKE DRIVE EAST SPECIAL ASSESSMENTS 1429) — ALL APPLICATIONS NOV 2 WATERSHED DISTRICT MEETING NOV 14 CITY i COUNC I_ NEGATIVE DECLARATION ON--• EIW D. N/APFL 1ON€/L FS'TR€ Ti Via; A OCT 6 — NOV B CONSTRUCTION DOCUMENTS PREPARATION (DEVELOPER); ONGOING REVIEW BY ROSEMOUNT — OCT 6 JAN 15 DESIGN LAKE DRIVE EAST (CITY/ NOV q GRADING AND FOUNDATION/BUILDING PERMIT APPS NOV 9 — 22 CITY BUILDING DEPARTMENT REVIEW OF CONSTRUCTION NOV 14 DOCUMENTS/PERMIT ISSUANCE FNCt CITY COUNCIL APPROVAL OF GRADING/FOUNDATION PERMIT NOV 15 GROUND BREAKING/COMMENCE SITE GRADING NOV 28 — A 9A ROSEMOUNT - t s#J cu CIA' 1'�Y'7 CONSTRUCTION JKI 1 'S ,:__iI 1. 23. 1999 CITY COUNCIL APPROVAL OF LAKE DRIVE EAST PLANS JAN L�. [, _w & SPECS/AUTHORIZES TAKING BIDS ?,BAR 13 CITY COUNCIL A:JARDS LAKE ORIVE EAST PROJECT MAR 27 — SEP 1989 LAKE DRIVE EhST CONSTRUCTION APR 1990 OCCUPANCY OF ROSEMOUNT BUILDING 1.- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 k CHANHASSEN H.R.A. A C C O U N T S P A Y A B L E 08-22-88 PAGE 1 J CHECK # A M O U N T C L A I M A N T P U R P O S E 036006 3,010.63 BAY WEST INC. FEES, SERVICE 036007 67.54 TODD GERHARDT TRAVEL + TRAINING ky 036008 2,661.20 GRANNIS, GRANNIS, FEES, SERVICE 036009 566.25 HOISINGTON GROUP, INC. FEES, SERVICE 036010 45.00 THE SIGN SHOPPE REP. + MAINT. ,BLDG + GND E kw 036011 4.00 SW SUBURBAN PUBLISHING PRINTING AND PUBLISHING 036012 60.00 VERNCO MAINTENANCE REP. + MAINT. ,BLDG + GND 036013 700.00 VOTO,TAUTGES,REDPATH& CO FEES, SERVICE 4,0 8 7,114.62 CHECKS WRITTEN N, 4Sr Mfr Q J eer V V V ~ 4 1 -- CITY O �--- -- \-1 C ANHASSEN \;k1hL, ^- - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 16, 1988 1 Fr. Barry Schneider, O.F.M. 1 Church of St. Hubert 7707 Great Plains Blvd. Chanhassen, MN 55317 Dear Fr. Barry: I have just received your letter of August 16 , 1988. I feel like we attended two different meetings . As noted in your letter, we did meet on Friday, August 12 . I 1 gave you a copy of the revised assessments which I received from BRW. We also looked at the proposed assessments as included in the original feasibility study. You noted that the feasibility study numbers were those prepared prior to the decision to remove the square footage associated with the cemetery property. You asked that I verify that the revised numbers did take into account the decision regarding the cemetery property. 1 We discussed the assessment as it would occur for St. Hubert' s Church and School. I noted the change which had occurred during 1 construction regarding the watermain and my belief that a portion of those costs should be paid by the church. I asked you con- sider that proposal and to advise me as to your position. If you 1 believed that St. Hubert' s did not benefit from the new watermain and/or could not support paying a portion of its costs , I asked you to contact me so that we could discuss means by which that could potentially be lowered. 1 In regards to the assessment for old St. Hubert' s Church prop- erty, I confirmed that the city' s assessment for that property 1 would not deviate from that originally proposed and, as you pro- perly note, "could potentially be lower" . After you left, I attempted three times to contact Mr. Ehret to convey that he needed to listen to each of your points and to make the necessary adjustments . I firmly believed that the adjustments we discussed would produce an assessment equal to or lower than the amounts previously agreed to by both you and the City. 1 On Monday, August 15, 1988, I did receive a note which stated that Mr. Ehret had been in discussion with you on that day. 1 I Fr. Barry Schneider, O.F.M. August 16 , 1988 Page 2 I did not have an opportunity to meet or discuss this item with Mr. Ehret prior to the meeting. Again, it was my sincere belief that the amounts proposed to be assessed for old St. Hubert' s Church were equal or less than the amount agreed to with you. It was only after your presentation to the Council that I sensed that we had not abided by those agreements or the adjustments that you and I had discussed on Friday. My only reason for recommending that the item be tabled was to verify that in fact that the amount proposed for assessment did take into account those adjustments. I heard Mr. Ehret' s description of your discussion and I thought I heard your description of your discussion. You did not appear to be saying the same thing and, again, my only reason for suggesting the tabling was to insure that something was not adopted which clearly was endorsed by yourself and agreed to as a part of the negotiations (agreements) entered into between the church and the city. This letter is to confirm that the city has no intention but to abide by the agreements which we entered into with the church. We still need to discuss the potential benefit to the church from the new watermain. However, the assessment for old St. Hubert' s Church will be equal to or less than the amounts previously shown to you and agreed to by you and the city. Before I write the final report going to the City Council, I would like to meet with you. Thank you for your consideration. Sincerely, / C21 6a5 Don Ashworth City Manager DA:k Note to Councilmembers: In reading the above letter, the Council may be distressed with the fact that I have used the word "will" and other language literally guaranteeing that the City will accept the lower assessment amount for old St. Hubert' s Church. I did choose my words knowing of this concern; but, following consultation with Roger Knutson, I believed such to be the only course of action open to the City. Let me explain. Old Great Plains Blvd. did not exist as a platted street. The City main- tained its right to use it as it had existed for more than 20 years as a roadway. The entire underlying ownership lies with St. Hubert' s Church, i .e. their legal description goes to the foundation of Pauly' s, old Village Hall, and the vacant lot owned by Mr. Pauly to the south of the old Village Hall site. Manager' s Comment continued ' Page 2 I would like the Council to consider the City Attorney' s opinion when property owners along Pleasant View requested that the pro- posed Valhalla be used as a City park, i .e. swimming area, picnic tables, etc. , to be used by the neighborhood. Although the pro- posal had merits, the road existed solely for roadway purposes t and, should the City not need the street for roadway purposes ( access to the lake for fire trucks) , the property would have to be vacated and returned to the underlying owners. In that instance, the underlying ownership was equally divided between the two properties on either side of the roadway itself. Usage of old Great Plains Blvd. for Heritage Park, the old ' Village Hall, and a parking lot met the objectives of the down- town area. However, as we moved into specific negotiations, the thought did cross our mind that an uncooperative seller could ' either disrupt the timing for our project, or provide the basis for a very interesting legal entanglement which would not produce initial odds in our favor. ' St. Hubert' s Church was very accommodating in their negotiations with the City and basically sought a position of no additional costs to them for their cooperation in meeting objectives desired by the City. The amount of difference currently existing between the last assessment figure and what Fr. Barry would like to see is relatively minor in comparison to potential costs of the 24, 000 sq. ft. of land given up by the church. (The land was deeded to the City and, accordingly, can now be used for any pur- pose desired by the City. ) t Although Fr. Barry' s point is well-taken, i .e. simply live up to your agreement to exchange the land for the assessments , please realize there are practical limitations in that scenario. ' Specifically, the City must assess property owners in a uniform manner throughout the project area. There is no allowance under Minnesota Statute for "deals" . If a property owner benefits for an improvement such as the parking lot, sewer, water, etc. , he must be assessed on a uniform basis with all other owners having similar improvements. If an owner has street frontage, but is not assessed for that because of a "deal" , then all property owners within the project area will be forced to pay the cost that should have been uniformly assessed to that owner. ' The above comments should not be construed to mean that the City does not have a means by which we can assure that the original intent of our negotiations are being met. For example, questions ' still arose as to the true benefits which were being received by the church from the improvements as well as cemetery frontage. I sincerely believe that we can resolve the differences with the church, maintain our integrity with initial discussions , and be ' in compliance with state law. I again apologize for the necessity of writing a letter which more or less binds the Council to a specific assessment figure; however, given all facts, both the attorney and myself agreed that the letter as drafted would best serve the interests of both the church and ity. ()): i-) CITY O =- Vii; ‘• t t. „)_ �, �` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 - i (612) 937-1900 ��.// 1 MEMORANDUM / A42e rrr . 74.1 w4 s % - CGUAA, MQ./In a.•c.,.cfc..... �'O -4 TO: Mayor and City Council "� D ill yL(�, '� es.wC., i e...r (p�/21d� lf�rl FROM: Don Ashworth, City Manager II DATE: August 15, 1988 p��4f�Y SUBJ: Assessment Hearing, Downtown Redevelopment Project 86-11A 1 Bonds sold in 1987 provided most of the funding necessary for the 1 construction of the downtown project. Phase I work was antici- pated to be completed by this time and, therefore, assessed as a part of the 1988 work program. First principal and interest II payments ( for parcels designated as Phase I parcels) are sche- duled to begin paying principal and interest in 1989. Accordingly, it is necessary to carry out the assessment at this time so that such can be included with certifications in October II for collections starting, again, in 1989 . Several items contri- buted to our not meeting original completion schedules for Phase I ; however, the biggest factor lies with our lateness in starting 1 construction. As the Council will recall , Mr. Burdick contended that there was no public purpose being served by the establish- ment of the ponding area and going through the court process II to remove this delay. Signing the contract documents and starting construction before we were assured of no legal conten- tions could have placed the City in the position of being required to pay the contractor regardless of whether the work was II performed or not. Although the Council will receive a number of complaints II regarding assessments prior to completion of improvements, such is authorized under state statute. Each of the concerns will be noted by staff and, assuming that such was included in the feasi- bility report, assurances will be given that the work will be 1 completed prior to the date of certification. ( Please note that property owners have a 30 day period in which to make payment, without interest penalty, following adoption of the roll by the II Council. Assuming that tonight' s hearing is postponed for a two week period to resolve issues which staff is unable to address Monday evening, we would still have time to meet the October cer- tification. Staff is also verifying a change in the state sta- tute which may give additional time for the certification past the original October 10th deadline. ] (s)a.-) 4gIP 1 D '''' 1 I Mayor and City Council August 15 , 1988 Page 2 I Although the Council may have received initial feedback as to the I number of cong°'" ed property owners which will be before you, staff has been attempting to work with each of the property owners to resolve differences prior to Monday evening. I sincerely doubt I that objections will be made, at least by the major property owners . I would also caution Council members regarding land taking claims. Condemnation proceedings/court hearings are I still in progress regarding Burdick, Kallestad, and Pauly' s . In each of these cases the owner received relatively large payments as a result of the taking ( includes damage awards if applicable) . You may wish to have the City Attorney address any I such claims in a confidential manner back to Council members before being swayed by a particular property owner. I Generally, all assessments are less than originally proposed. Complaints may be received regarding lack of notice; however , a photocopy of all envelopes that were mailed is on file and available if requested (sample attached) . The City Council may have already heard of the concerns from St. Hubert' s Church. As can be seen from my letter of August 10 , I 1988, there were simply portions of the final assessment roll which did not conform to the negotiations which occurred for land acquisition. I am hopeful that I can have all of these issues I resolved prior to Monday evening. [Update: I met with Fr. Barry Friday morning. The effect of the changes made (per my letter of August 10th) is an assessment amount of approximately $9 ,300 higher than discussed in January of 1987. Father Barry did I remind me that we also asked and received 5 ft. of right-of-way on the east side of Great Plains Blvd. at no cost to the City. The value of that taking could be contended to be $4 , 000 to I $4,500 . ] Adoption of the roll as presented is recommended. Should questions be presented which staff cannot respond to, tabling I IIL-__ would be in order (August 22nd or 29th? ) . 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Oa, i 248060:::- 1/.1 R28 2Y/Acnia .3- V 3 79 7 -a. • 1 ,t 4.6 qj - ,/z" 74b "r dazes v»� ? 'l �x raL ,wt e.o. kze_ dar © - to t 1 ,tytejt Arimt /via- Ztia.-,1_, C c 7 1 /b'ice t e /j /ew 4' - �-T. A ? / AeAl 4464/ ffS- Ai/f/2.0 1 i ^^ � ti/ 7: ,- e ;, ,mss (.s . 1 A� i-4_,40 7 / / / 1 /M,ey 1Jibe2/ d-Fit 3 7 Picts fold/Wig/WASTRA aR.. ' St. Huberts Church and School - 7707 Great Plains Blvd. Chanhassen. Minnesota 55317 Telephone: 934-9106 i, August 16, 1988 ' Mr. Don Ashworth 690 Coulter Drive Chanhassen, Mn. 55317 Dear Don: To say the least, I was not pleased with the tone of Monday nite's meeting. And I am becoming more and more "bothered" by both your seeming unawareness of basic elements of formal agreements between us and the city and inability to produce copies of these documents when, ' clearly, copies were sent to you since the beginning of negotiations in July of 1987. ' At last nite's council meeting you did not speak to the issue as you did when we met in your office on Friday, August 12. The last words in your office were something like: "In fact, I will promise you I will write a memo to the Council members urging them to honor the original agreements we made with St. Hubert. It may be that you won't even have to speak if they accept my recommendation." At the council meeting I did not hear you voice that recommendation. I am disappointed. ' In all honesty I now feel that I was placated earlier so that the Council Chambers would not be filled with angry "little" members of the ' community who tremble when called upon to express their honest feelings when called to do so before council members sitting as judges in a court. It a frightening experience for some. Some were there last nite. If I had not reported to my community last weekend at all our services that I was satisfied that the issue would be properly resolved at the council meeting - without strong confrontation - and if I had not told ' them they needn't make any special effort to be present, the chambers would have been filled to over - flowing with folks who feel that their church (the real founders of this community!) is being disrespected in ' its trusting negotiations with the city. I am distressed and more and more mystified by the apparent inability of city officials to put their hands on formal documents of agreement when such documents clearly show that copies were sent to all involved parties. A copy of every document enclosed here was sent to your office - in your name. 1 - more - II 11 St. Huherts Church and School 7707 Great Plains Blvd. Chanhassen. Minnesota 55317 Telephone: 934-9106 g_ iR ' = s: I fk- August 16, 1988 (page 2) II I am further bothered in spirit that my time, so very precious at this time, should now be taken up with these stressful discussions II about agreements that we trustingly believed would be honored. Should this matter not be settled soon, I shall be forced to turn II it over completely to our legal counsel LARKIN HOFFMAN DALY AND LINDGREN, LTD. . I shall also be alerting the diocesan attorneys about these developements. I am grateful that we will have opportunity to discuss these matters II further. I am really irritated that it has to be done at all! I shall outline here once more the important elements of our church/ II city negotiations and formal, signed agreements. June 16, 1987. . .1 received a phone call from Cecelia Ray (city attorney) I inquiring about easement documents needed in negotiations with the city regarding proposed downtown Chanhassen development. AT THAT DATE I HAD NOT HEARD ONE WORD ABOUT THESE INTENDED NEGOTIATIONS. Please see letter from II Ms. Ray, June 17, 1987. (EXHIBIT A) [Subsequent meetings and phone conversations with Mr. Fred Hoisington, I me, Al Klingelhutz, and Don Schmeig - representing St. Hubert parishioners - revealed to us the city's desire to acquire, by easement, five additional feet to the west of the church/school parking lot and also to purchase from II us the street area west of OLD ST. HUBERT. Mr. Hoisington assures us that the city wants Lull cooperation with St. II Hubert so that agreements reached are for the good of all. At the very first meeting an assessment roil was presented to us. Assess- II ment figures amounted to $13,918.73 for the OLD St. Hubert Parcel (later adjusted to $7,095.73 because it had included cemetery footage - see Exhibits C - D and G) , and $8,762.09 for the street work west of the church school parking lot. . .the total (before the adjustment) was $22,680.82. II At that very first meeting we were told, (later verified by letter & other documents) that the city would propose to buy the street property of OLD ST. HUBERT CHURCH for an amount equal to the assessment for that parcel - II $13,918.73. Please NOTE THAT IS THE EXACT AMOUNT OF THE FINAL AGREEMENT, MARCH 24, 1988! ! ] II - more - II II I St. Huberts Church and School 7707 Great Plains Blvd. Chanhassen, Minnesota 5.5317 Telephone: 934-9106 1 k:. ��'• sa;y�e:.,-ems e • icy August 16, 1988 Page 3 Early July - I speak by phone with Mr. Tom Baker, Division of Admin- istration and Financial Services of the diocese of St. Paul/Minneapolis. I also consult by phone with Fr. Austin Ward, director of that division, and there are further conversations with Ms. Ray. July 22, 1987. . .My first formal communication with the diocese by way of a letter to Mr. Baker - outlining the discussions/negotiations underway with the city of Chanhassen. (EXHIBIT B). July 30, 1987. . .A letter from Ms. Ray regarding negotiations to acquire OLD ST. HUBERT PROPERTY. (NOTE - the property description was in error.) ' (EXHIBIT C) (Note: Copies sent to Hoisington and Ashworth!) August 25, 1987. . .A letter from Ms. Ray corrects the legal description ' of property and reiterates the proposal by the city. (EXHIBIT D) (Note - copies to Hoisington and Ashworth!) September 2, 1987. . .Required proxy documents arrive from diocese for ' temporary and permanent easements for street area west of St. Hubert Church/School. Papers were duly signed and sent on to the city. (EXHIBIT F) ' November 6, 1987. . .Further correspondence from Ms. Ray in response to telephone conversations. (L''XhIBIT F) ' November 12, 1987. . .Letter indicating final agreement for assessments and land purchase. PLEASE NOTE THIS IMPORTANT DOCUMENT (EXHIBIT G) Note also - copies to ASHWORTH AND ATTORNEY RAY. November 19, 1987. . .Diocesan office is presented with documents re- quested by us - i.e. the first right of repurchase under certain con- ' ditions. (EHIBIT H) Note - copies to Ashworth and Hoisington and to diocesan attorney Charles Tierney.) t December 29, 1987 to March 24, 1988. . .Gathering of all legal documents with proper signatures for transfer of land deed to city of Chanhassen. NOTE resolution EXHIBIT J, Pg. 3. (A check in the amount of $6,823.00 was hand delivered to St. Hubert and was deposited at Chanhassen Bank, April 4, 1988.) (Papers for the land deed transfer were sent to the city on February 10! ! (EXHIBIT K) (Please also note that foundation work for the old city hall was begun long before the deed transfer was completed! ) - more - II MIN St. Hnberts Church and School 7707 great Mains Blvd. Chanhassen, Mlrrnesota 55317 Telephone: 934-9106 :Y; I Ft • ta y - = ' August 16, 1988 Page 4 y ed Vii: I August 2, 1988. . .Receive "special assessment: notice from city: OLD ST. HUBERT PARCEL - $39,834.26 I CHURCH/SCHOOL PARCEL - $25,901.14 $65,735.40 Please note that by all negotiations previous we were expecting to I have to pay no more than $8,762.09! August 2, 1988. . .1 write hurried letter to Mr. Ashworth and alert our I attorney by phone. (EXHIBIT L) August 8, 1988. . .Attemps to reach Mr. Ashworth failing, I write letter II and hand deliver to city hall on Monday, August 8, 1988. (EXHIBIT M) August 12, 1988. . . (Friday) I meet with Mr. Ashworth for approximately II 45 minutes. He has no documents on hand, no figures. He hands me a letter he has prepared. I take exception to a statement, paragraph 2, pg.2 "all changes noted above will result in a proposed assessment less than originally considered by the church." That doesn' t add up to he true. II While I am there, a phone call from Mr. Ehret gives new figures. They don't "jibe"! I request a letter written, clear summation using documents II from negotiated agreements. (I still don' t have them) . Mr. Ashworth promises me he will make a written recommendation to council. II members - that agreements discussed and pursued and finalized from fall, 1987 to spring, 1988, be honored by the city of Chanhassen. I did not hear that recommendation at the August 15, council meeting. August 15, 1988. . .Attend council meeting. . .very unhappy with tone of II response to request. And so, Don, I will now need to go back to my community to seek its I support once more. In substance, I feel that a trusted agreement with the city is not being I honored. I certainly do not appreciate this stressful situation that has been created by no fault of ours! ! Very sincerely, II / �!' /4itot • cc: Mr. Fred Hoisington II Fr. Barry Schneider,�) m Mr. Tom Hamilton, mayor and council members Attorney James Larkin, parish counselor Pastor/Admininstrator Attorney Amy Grady, assessment counselor BS/ekw for LARKIN HOFFMAN II Attorney Charles Tierney, Diocese of ST. PAUL/ MINNEAPOLIS II xtt/sir- A LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TFLECOPIER: DAVID L. GRANNIS,JR. - 1910-1980 (6 t2)455-2359 POST OFFICE BOX 57 VANCE 3. GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYER VANCE P. GRANNIS,JR. PATRICK FARRELL M. CECILIA RAY 161 NORTH CONCORD EXCHANGE M. KNETSCH %�. DAVID 1.. GRANNIS, I11 SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J. MA5'ER ROGER N. KNUTSON TELEPHONE: (612)455-1661 June 17, 1987 It251 �, t r` Mr. Fred Hoisington Hoisington Group , Inc. 7300 Metro Boulevard Suite 525 Edina, Minnesota 55435 ' Dear Fred: Enclosed as you requested are: 1 ) Easement Agreement for temporary construction and permanent sanitary sewer purposes. Grantor is left blank; taxpayer ' for Parcel No. 25-0121800 is listed as Elizabeth R. Pauly. Our limited title research shows Elizabeth as having only a one-third undivided interest in the property. Moreover , she was 90 years old in 1983 . The description for temporary easement should be attached as Exhibit "A" ; description for permanent should be Exhibit "B" . ' 2) Temporary Construction Easement for public street construc- tion purposes, regarding the Church of Saint Hubert. 3) Permanent right-of-way, utility, street, and drainage easement for the Church of Saint Hubert. ' I spoke with Father Barry Schneider yesterday regarding the _t; easements. He was surprised to hear the City sought to acquire easements and informed me he alone had the authority to grant an easement. In fact, Father Schneider must take the matter up ' with the archdiocese, and once approved there, back to the Church trustees. ' Documentation in addition to the easements must also be recorded: a) certificate of incorporation for Saint Hubert Church, signed and acknowledged by the bishop, vicar general , and chancellor of the diocese; b) affidavit of a member of the Church containing specific information; c) resolution adopted ty a majority of the Church members , or by those entitled to vote, which also contains specific information. A form affidavit is also enclosed in this ' letter. The resolution, which I would expect the Church would like to draft , must contain the legal description of the property conveyed . The affidavit would not be required if the easement 1 Il Mr. Fred Hoisington June 17 , 1987 Page Two documents were signed by the bishop, vicar general , and chancellor of the diocese. Be aware that these are the requirements for good title ; the Church may have its own, additional requirements. Very truly yours, GRANNIS , GRANNIS , FARRELL & KNUTSON, P.A. BY : ' M. Ceci as Ray • MCR:srn Enclosures i i 6. .8 / 01 7' 3 St. Huberts Church and School tl, 7707 Great Plains Blvd. Chanhassen, Minnesota 55317 Telephone:934-9106 I F( ;� i1 6 v i te t , 3 1 II July 22, 1987 Vil., G Mr. Tom Baker I Chancery/Archdiocese of Mpls. & St. Paul 226 Summit Ave. St. Paul, Mn. 55102 II Dear Mr. Baker: A few weeks ago I spoke with to you by phone about easement negotiations Iin the city of Chanhassen as it begins downtown renovation. THREE separate "pieces" need to be negotiated. I Enclosed is the FIRST set of papers to be signatured for easement agree- ment; it involves loss of about five more feet of boulevard grass along our parking lot. We will gain curbing along that whole street (already existing Iand to be widened.) I and our administration council feel the church should make no objection IIto this particular easement proposal. TWO proposals need signatures: A) TEMPORARY EASEMENT - (Sewer, etc.) IB) PERMANENT. EASEMENT - Widening and curbing street. The SECOND "piece" will involve closing a street running by the "old" I St. Hubert Church - which still belongs to us along with that street property. In consideration for our offering that street property to the city for "park area" (to include old St. Hubert Church as an historical site), we are negotiating with the city to drop our new sewer and power II assessment which would amount to some $20,000.00. (We will keep you post- ed on the progress of these negotiations.) I The THIRD "piece" will involve old St. Hubert Church itself. It has been declared a state historical site. We are beginning a national study of the feasibility of having it offered as a museum for religious arifacts. II The old city hall is expected to be placed next to it (on the land now used as street -mentioned in the "second piece"). We are discussing the removal of three brass bells from the tower of the old church for use in a bell tower proposed for construction somewhere near our new church. IWe ask that you consider and procure proper signature for the "first piece" now so that the city can move ahead soon with that renovation project. IISincerely In Christ, IFr. Barry Schneider, O.F.M. Pastor/ Administrator r 1 I I 1 1 I 1 1 1 1 I 1 1 1 I 1 1 1 1 C M I LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELEcopm: ' DAVID L. GRANNIS,JR. - 1910-1980 (612)455 2359 VANCE B.GRANNIS POST OFFICE Box 57 403 NORNEST BANK BUILDING DAVID L.HARMEYER VANCE B.GRANNIS,JR. M.CECILIA RAY PATRICK A. FARRELL 161 NORTH CONCORD EXCHANGE ELUOTT B. KNETSCH DAVID L.GRANNIS,III SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J.MAYER ROGER N.KNUTSON TELEPHONE:(612)455-1661 , P ' July 30, 1987 .u ‘ . ' tl Father Barry Schneider St. Hubert Catholic Church I 7707 Great Plains Boulevard Chanhassen, Minnesota 55317 IIDear Father Schneider: I am writing to you on behalf of the City of Chanhassen I regarding the City's proposal to acquire fee title to the Great Plains Boulevard right-of-way adjacent to the old St. Hubert Church and Cemetery. This proposal accords with your discussions with Fred Hoisington on July 16, 1987. IThe City will purchase the property for a sum of money equal to the proposed special assessments to be levied against St. I Hubert' s lands lying south of West 78th Street. The money will be placed in escrow and used by St. Hubert to pay these assessments. As you know, the City has approximately three years to run I on the present lease of the old church building and, as far as we know, will continue to lease the property from St. Hubert so long as a viable use can be made of the property. IAttached is a legal description of the property sought to be acquired. It consists of approximately 13,860 square feet, with a I north-south dimension of 210 feet and east-west dimension of 66 feet. I believe this property is encumbered by a mortgage from St. Hubert to the Catholic Aid Association. We therefore would need a release of this property from the mortgage. IIf you could please process this through the Archdiocese, assuming all is agreeable, we will prepare the legal documents I necessary to close the transaction. Please let me know what you require. Finally, in my letter to you of July 20 I requested signed I copies of the Church' s Articles of Incorporation. The Articles are in fact already on file with the County Recorder. I therefore do not need another set. I 1 Father Barry Schneider July 30, 1987 Page Two Thank you for your assistance and cooperation in this , matter. Please feel free to call me if I may assist you in any way or if you have any questions. Very truly yours, GRANNIS, GRANNIS, FARRELL & KNUTSON, P.A. BY: M. Cecilia Ray MCR:srn Enclosure cc: Don Ashworth Fred Hoisington ' 1 1 I I25-0136500 Church of St. Hubert Property N 01-;E... I City Project 86-11 #24, 7-8702.7 IILAND DESCRIPTION FOR II ACQUISITION OF FEE TITLE - • /L. ,01 BY tJ' ,c) / .6)0Z THE CITY OF CHANHASSEN ���`''� t v �,� 4 s),4 il 1 01 All that part of the following described property: '/ I Commencing on the corner post of North West corner of North East Quarter of Section No. thirteen (13) , Township one hundred and sixteen • (116) of Range twenty three (23) running East on Section line twenty I nine Rods (29) to a post; thence South twenty eight (28) rods to a post; thence•West twenty nine (29) Rods to a post; thence North on Division line twenty eight (28) Rods to place of beginning. Containing Five Acres of Lands more or less and situate in NWi% of NE%, Section 13, I Town 116 Range 23. (Book V, Page 533, Files of the County Recorder, Carver County, Minnesota). I EXCEPT those lands described in Book 112, Page 490, Files of the County Recorder, Carver County, Minnesota. II AND EXCEPT those lands described in Book 73, Page 179, files of the County Recorder, Carver County, Minnesota. AND EXCEPT those lands lying southerly of the northerly line of the IChicago, Milwaukee, St. Paul and Pacific Railroad, Which lies westerly of a line drawn parallel with and distant 66.00 feet I easterly from the west line of the• Northwest Quarter of the Northeast Quarter of Section 13, Township 116, Range 23, Carver County, Minnesota. II I hereby certify that this land description I was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of II Minnesota. / I -'Tr Ki�th Dahl 'Minnesota Registration No. 18418 II Date ---101 2311987 1 EX a ,r ,D ILAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION IDAVID L. GRANNIS,JR. - 1910-1980 TELE(.DPIER: POST OFFICE Box 57 (612)455-2359 VANCE B. GRANNIS 403 NORIIVEST BANK BUILDING DAVID L. HARMEYF.R VANCE B.GRANNIS,JR. M.CECILIA RAY PATRICK A. FARRELL 161 NORTH CONCORD EXCHANGE ELLIOTT B. KNETSCH IDAVID L. GRANNIS, III SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J. MAYER ROGER N. KNUTSON TELEPHONE:(612)455-1661 IAugust 25, 1987 IFather Barry Schneider St. Hubert Catholic Church I 7707 Great Plains Boulevard Chanhassen, Minnesota 55317 IRE: Chanhassen Downtown Redevelopment Dear Father Schneider: IAs you requested, enclosed is a map showing the area in the existing Great Plains Boulevard right-of-way which the City of Chanhassen proposes to acquire from St. Hubert Church. I have ' also enclosed a proposed deed, incorporating a new legal description, revised from the one I sent to you by letter of July 30. The earlier description inadvertently included the road I right-of-way for West 78th Street. The area for conveyance is 13,240 square feet. I The proposed assessment for the property south of West 78th Street, as stated in the Chanhassen Downtown Feasibility Study, Design and Implementation Supplemental Report #1 , is $13, 918. 73. This amount represents the compensation to be paid by the City I for the property, and would be placed in escrow to be used by St. Hubert to pay off the proposed assessment. I ' If this proposal is acceptable, please let me know if you require anything more for review by the Archdiocese. If you need additional information, plese do not hesitate to contact me. IVery truly yours, GRANNIS, GRANNIS, FARRELL I & KNU/T,SQN, P.A. �I BY: C__, (,/t11 4--' M. Cecilia Ray I MCR:srn Enclosures I cc: Don Ashworth Fred Hoisington • , E6x•by a/7 E ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS 226 Summit Avenue Saint Paul, Minnesota 55102-2197 The Chancery September 2, 1987 Rev. Barry Schneider, O.F.M. Church of St. Hubert 7707 Great Plains Boulevard Chanhassen, Minnesota 55317 ' Dear Father Barry: Enclosed are the two proxies which you requested in your letter of July 22 authorizing St. Hubert ' s to grant property easements to the City of Chanhassen - a permanent easement and a temporary easement. Both proxies have been signed by Archbishop Roach and Father O'Connell as President and Vicar General respectively of the parish corporation. Also enclosed are two copies, in blank, of the Secretary ' s Certification which should be completed and signed by your. corporate Secretary and handed to your attorney along with the other documents. If you have any question regarding any of these documents please call Mr. Charles Tierney or Father Austin Ward. Sincerely, Mercedes O'Donnell 1 Enclosures cc: Rev. Austin T. Ward Mr. B. Charles Tierney 1 I ORIGINAL . - --"' ,1"' r V Parish Saint Hubert t3� -01� �,,,^1 Proxy n r sr-` ,,,) N 7533 o f 4 St. Paul, Minn. September 1, 1987 I We,the undersigned members of the Corporation of the Church of Saint Hubert of I Chanhassen Minn. u do hereby appoint I Reverend Barry Schneider, O.F.M. as our proxy at the next meeting of the Board of Directors of said Corporation, to cast our votes in favor of a I motion to the effect that the Corporation hereby be authorized to adopt the following I resolution: 1 RESOLVED, that this corporation, for good and valuable consideration, grant and convey to the City of Chanhassen that 111 easement described in that Easement Agreement attached hereto and identified as Exhibit I, and BE IT FURTHER RESOLVED, that the Vice President and I Secretary of this corporation are hereby authorized to execute any documents necessary to carry this resolution into effect. I I all obligations authorized under this proxy to be signed and executed by the Vice President and Secretary of this Corporation, in accordance with Articles XIII and XV of its By-Laws. (See Articless(.,,))� t,Il� ` `11-0_1-�`dl I Archbr hop of Saint Paul and Minneapolis J 'lc e 7 I Vicar General' N.B. The above proxy appointment must be copied into the minutes of the meeting of the Board, as a part I of said minutes. I I II ' EXHIBIT I ' EASEMENT AGREEMENT ) THIS INDENTURE made this t day of {'_tGrL'yk ,- 1987, by and between THE CHURCH OF SAINT HUBERT OF CHANHASSEN MINN. , a Minnesota ' religious corporation, hereinafter referred to as "Grantor" , and the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City" . The Grantor, in consideration of One Dollar ( $1 . 00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City, its successors and assigns, forever, a permanent easement and right-of-way for public utilities, road right-of-way and ' drainage purposes over, across, on, under and through land situated within the County of Carver and State of Minnesota as described on attached Exhibit "A" ; ' INCLUDING the rights of the City, its contractors, agents, servants and assigns, to enter upon the easement premises at all ' reasonable times to construct, reconstruct, inspect, repair and maintain public utilities, road right-of-way and drainage system over, across, on, under and through the easement premises, tog ether ' with the right to grade, level , fill , drain, pave and excavate the easement premises, and the further right to remove trees, bushes, ' undergrowth and other obstructions interfering with the location, construction and maintenance of said public utilities, road right- of-way and drainage systems. I I 1 The above named Grantor, for itself, its successors, heirs and assigns does covenant with the City, its successors and assigns, it is well seized in fee title of the above described easement premises and has the sole right to grant and convey the easement to the City'. As a further consideration for this permanent easement, the City agrees that the easement premises will be restored to a condition as nearly equal as possible to that which existed prior to construction ' and use of the easement; provided, however, that such restoration does not interfere and is consistent with the use of such easement by the City for the purposes stated herein. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. , GRANTOR: ' THE CHURCH OF SAINT HUBERT OF CHANHASSEN MINN. BY: R „.&AA .344... ,du. Reverend Barry Schneider, Vice Presiden ' BY: Secretary GRANTEE: CITY OF CH'ANHASSEN /L (SEAL) BY: I G`/r/ Ni w."A ---`. lomas Hamilton, Mayor e- QL , Donald Ashworth, City Manager - 2 - ' STATE OF MINNESOTA ) ss . COUNTY OF C N r ,/ 4*- ) The foregoing instrument 9 9 t was acknowledged before me this 3c.) day of P 0*.n , 1987, by Reverend Barry Schneider and ,f •i�l T/1 pf,)i I- , Vice President and Secretary, respectively, of The Church of Saint Hubert of Chanhassen Minn. , on behalf of said Church . r 1 / Notary Public STATE OF MINNESOTA ((. .§".K tf ' !?. R.F. SCUNFIUCR ��� Not". He-MmIleu to ) ss Carver County COUNTY OF Q4.Riig-p `� t.+c;m i5s�+JIt t`xj!ues hnuai y 10. MN P,n IsA}f,•x.w*A.'IJA w'AJ.f.AA•/bhA.:w.n C.+ ' On this 57 day of '�Iptj.L�, ,�, 1987, before me, a Notary Public within and for said County, personally appeared Thomas Hamilton and Donald Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Thomas Hamilton and Donald Ashworth acknowledged said instrument to ' be the free act and deed of said corporation. Notary Public DRAFTER BY: VICTORIA E. CHURCHILL �� NOTARY PUBLIC-MINNFSOTA Grannis, Grannis, Farrell ; 'l •- My CARVER COUNTY commission expires 8440 & Knutson ~Mo..,_� •■■••■•• ~WI 40..P1 403 Norwest Bank Building 161 North Concord Exchange South St . Paul , MN 55075 ( 612 ) 455-1661 ' - 3 - 1 EXHIBIT "A" A permanent easement for public road right of way, public utility and public drainage purposes over, under and across the following described property: All that part of the unnamed portion of St. Hubertus, according to the plat thereof on file in the office of the County Recorder, Carver County, Minnesota, which is described as follows: Commencing at the southwest corner of the Southeast ' Quarter of Section 12, Township 116, Range 23, Carver County, Minnesota; thence northerly along the westerly line of said Southeast Quarter for 33.00 feet; thence easterly, parallel with the southerly line of said Southeast Quarter, for 33 . 00 feet to the point of beginning; thence continue easterly, parallel,.with said southerly line, for 449 feet to the west line of St. Francis Street, as dedicated by said plat of St. Hubertus; thence northerly along said west line of St. Francis Street, for 467 feet to ' the south line of St. Clare Street, as dedicated by said plat of St. Hubertus; thence westerly along said south line of St. Clare Street for 449 feet, to an intersection with a line drawn parallel with said westerly line of the Southwest Quarter and passing through the point of beginning; thence southerly along said parallel line to the point of beginning. Said permanent easement is over, under and across all that part of the herein described property which lies westerly of a line drawn parallel with and distant 43. 00 feet easterly from said westerly line of the Southeast Quarter of Section 12 , Township 116, Range 23. II 1 r r I I,AW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNis- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIIiR. I DAVID I..GRANNIS JR. - 1910-1980 }NKr Or'FICF BOX 57 (612)455-2359 VANCE B. GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYER VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE M. CECILIA RAY I PATRICK A. FARRELL ELLIOTT B. KNETSCH DAVID L. GRANNIS, III RCx;I:R N. KNIITSON SOUTH ST PAUL, MINNESOTA 55075 MICHAEL-J. MAYER TELEPHONE: (612)455-1661 - - --='• l I November 6, 1987 - . -f)P ' Y AA V Father Barry Schneider ��1 `� I St. Huberts Church and School ^;t V �,,, 7707 Great Plains Boulevard )� rr Chanhassen, MN 55317 ,� , Ike.,' L3�_ 1 �.� `, . IDear Father Schneider: �L�, ,t k-- L I i, Barb Dacy, Chanhassen City Planner, that�we end y , II (7_,./Y► Y end ��" copies of the easement documents executed by Church and City officials. II received a copy of the mortgage satisfaction by Catholic Aid Society. It appears in order; however, the original mortgage satisfaction must be filed with the Carver County Recorder' s I Office. I have found no record that it has yet been filed. Could you please check on this, and if the satisfaction has not been filed, please do have it recorded. II have redrafted the deed for the Church' s conveyance of the Great Plains Boulevard right-of-way to the City. A Right of First Refusal is drafted as a separate document. I will send you a copy I of the documents once I have the City' s approval, and I will send the original documents to Mr. Tierney, your legal counsel. IIf I can be of any assistance to you, please call. Very truly yours, IGRANNIS, GRANNIS, FARRELL & KNUTSON - M. Cecilia Ray I // MCR/lmd Enclosures / Icc: Don Ashworth Fred Hoisington Charles Tierney 1 I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I • Hoisington Group Inc. ti �,�t/� �� G ' Land Use Consultants November 12 , 1987 1 Father Barry Schneider St . Hubert Catholic Church & School 7807 Great Plains Boulevard ' Chanhassen , Minnesota 55317 Re : Revised Proposal to Acquire Great Plains Boulevard Dear Father Schneider : Based on the opinion of the St . Hubert Attorney, which is ' that the City . of Chanhassen may not levee special assessments against the cemetary, I herewith submit a revised proposal for the acquisition of Great Plains ' Boulevard which includes a combination of special assessments for the old church site plus a cash payment. The total amount of the settlement will remain the same , $13 , 918. 73 , and the special assessment portion of the ' settlement will be escrowed as per our mutual understanding . The City ' s proposal is to assess the old church site (85 ' feet of front footage) in accordance with the original assessment roll at a rate of $23. 75 per front foot for sanitary sewer and $31 .00 per front foot for water main ' improvements . The sanitary sewer and water main services will remain unchanged since those are being provided to serve the old church building . We also propose to reduce the storm drainage assessment to cover only the old church ' site. The special assessment tabulation , then , will be as follows : ' Sanitary Sewer Assessment $2 , 018 . 75 , Sanitary Sewer Service 746 . 77 Water Main Assessment 2 , 635 .00 ' Water Main Service 935 . 31 Storm Drainage Assessment 759 . 90 TOTAL ASSESSMENT $7 , 095 . 73 7300 Metro Blvd Suite 525 Edina. MN 55435 (612)835-9960 The above amount would be escrowed and special assessments would be paid from the escrow account as previously agreed upon . The balance of the settlement , $6 , 823 . 00 , would be paid in cash by the City at the time of closing ._ We also are willing to agree to a repurchase agreement should the City not use the property for public purposes . If all is agreeable , I will have the Grannis firm prepare the revised documentation accordingly . If you have any questions, give me a call . Sincerely , • ,,f Fr • d Hoisington Planning Consultant .• cc : Donald Ashworth Cecilia Ray • 1 1 . 1 r e LAW OFFICES I GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PR OFfi551UNAL ASSOCIATION DAVID L. GRANNIS,JR. - 1910-1980 (612) PIER: POSE OFFICE Box 57 (612)455-2359 ' VANCE B.GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYER VANCE B. GRANNIS,JR, M. CECILIA RAY PATRICK A. FARRELL 161 NORTH CONCORD EXCHANGE ELLIOTT B. KNETSCH DAVID I.. GRANNIS, III SOUTH ST. PAUI., MINNESOTA 55075 MICHAEL J. MAYER ROGER I N. KNU'ISON TEI.EPIIONE:(612)455-1661 INovember 19, 1987 I Father Austin Ward 226 Summit Avenue Saint Paul, Minnesota 55102 IRE: Church of Saint Hubert of Chanhassen Minn. Great Plains Boulevard Right-of-Way IDear Father Ward: Enclosed is a warranty deed and repurchase agreement for Iconveyance from the Church of Saint Hubert of part of the Great Plains Boulevard right-of-way to the City of Chanhassen. Terms of the conveyance are set out in Fred Hoisington' s letter to IFather Barry Schneider, a copy of which is also enclosed. If you have any questions or if I can be of any assistance, Iplease call. Very truly yours, I GRANNIS, GRANNIS, FARRELL & KNUTSON, P.A. I BY: MCR: srn N. Cecilia Ray Enclosures Icc: Don hworth F d Iloisington I .ather Barry Schneider Charles Tierney I I 1 8)( e-t- &ice 1 ' PARISH CORPORATION CERTIFICATE At a duly constituted meeting of the Board of Directors of St. Hubert's Church of Chanhassen, MN on the 9th day of Feb. , , 19 88, the resolution attached hereto, which resolution had received the consent of all the members of the ' corporation, was adopted by the unanimous vote of the entire Board of Directors of said corporation, said Board of Directors being and comprising all of the members of the corporation. I. Judith L. Pfaff , the duly elected, qualified and acting Secretary of St. Hubert'a church of Chanhassen, MN , do hereby certify that the attached is a ' true copy of the resolution adopted by the Board of Directors of said corporation at a meeting of said Board held on the aforemen- tioned date, and entered upon the regular minute book of the said ' corporation, and now in full force and effect and that the Board of Directors of said corporation has, and at the time of adoption of the said resolution, had full power and lawful authority to adopt said resolution. Secretary' ) STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this 13th day of February 1988 , in the said County ' of Hennepin, before me, a Notary Public duly commissioned and qualified, in and for the State and County aforesaid, personally came Judith L. Pfaff , personally known to me to be the person described in and who executed the foregoing certificate and acknowledged to me that he executed the same; and being by me duly sworn, did depose and say that he is the Secretary of the said corporation and a member of the said Board of Directors of said corporation; that as such officer he keeps the corporate minute books and seal of the said corporation; and that the foregoing certificate is true of his own knowledge. 19 B8. Subscribed and sworn to before me this /3thday of Fe.32uAP_Y, •'+( DAPRY E RPT U gJ LIL C MININLNIDESEOR TA ✓ G Q V -4 .A-/ CARVER C.OUPITY My Commission Exrires U''T 28 1991 ORIGINAL 1 Parish Saint Hubert Proxy n ITT. 7562 St. Paul,Minn., December 29, 1987 We,the undersigned members of the Corporation of the Church of Saint Hubert of Chanhassen Minn. _do hereby appoint ' Reverend Barry Schneider, O.F.M. ' as our proxy at the next meeting of the Board of Directors of said Corporation, to cast our votes in favor of a motion to the effect that the Corporation hereby be authorized to adopt that resolution attached hereto approving sale of described reality for $13, 918 .73 , as well as authorizing execution of that Repurchase Agreement, ' attached hereto. 1 all obligations authorized under this proxy to be signed and executed by the Vice President and Secretary of this Corporation, in accordance with Articles XIII and XV of its By-Laws. (See tjicles. 4.'...6\o'feL4141 e-14-1 elf N.B. The above proxy appointment must be copied into the minutes of the meeting of the Board, as a part of said minutes. ' I 1 • PROXY NO. 7562 ' Church of Saint Hubert of Chanhassen Minn. RESOLUTION RESOLVED, that this corporation sell and convey, by ' warranty deed, to the City of Chanhassen, that property lying in Carver County, Minnesota, as described on the attached EXHIBIT I, for $13, 918. 73, of which $7, 095. 73 shall be retained by the City of Chanhassen for satisfaction of certain sanitary sewer, water main, and storm drainage improvement assessments agreed to be owed by this corporation, and the balance of $6, 823 to be paid by the City of Chanhassen to this corporation at the time of closing, and BE IT FURTHER RESOLVED, that this corporation enter into a Repurchase Agreement for said property with the City of Chanhassen as' contained in EXHIBIT II, attached hereto, and ' BE IT FURTHER RESOLVED, the Vice President and Secretary of this corporation may execute any and all instruments neces- sary to carry these resolutions into effect. 1 1 EXFIIBIT II 1 REPURCHASE AGREEMENT THIS AGREEMENT made and executed this 5, day of f1 q C- , 198e, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter "Owner") , and THE CHURCH OF SAINT HUBERT OF CHANHASSEN MINN. , a religious corporation (hereinafter "Optionee") . WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants unto Optionee the right of first refusal hereinafter described covering the tract of land in Carver ' County, Minnesota, described on the attached Exhibit "A" (hereinafter "subject property") . ' In the event the Owner elects to use the subject property for purposes other than a public purpose, then, after written notice from Owner of such election, Optionee shall have thirty (30) days in which ' to elect to purchase the subject property for $13,918.73, plus an amount for appreciation of the property value, which shall be ' calculated at a rate of eight percent (8%) per year on the purchase price, accrued from the date of this agreement. Election to exercise this right of first refusal shall be made by mailing notice to Owner at the Chanhassen City Hall, which notice shall state the total purchase price to be paid, and be fully signed by Optionee. Payment of the purchase price to Owner shall be made within ten (10) days following notice of Optionee's election to purchase. Failure of ' Optionee to so elect to purchase the subject property and to pay the 1 purchase price within said time periods shall terminate all right, Ititle, or interest of Optionee in and to the subject property without 1 further notice thereof to Optionee. OWNER: CITY OF �HANHASSEN KAREN J. @DIGEL:�ARDT NOTARY PUBLIC - M;tt;y{;SOYA BY: `/ CARVER CO_;'iTY l I4E" LL- • 'ty°0A"'w"i0"e"AI eS 1346-91 Thomas . Ham r ton, Mayor BY: ' Don Ashworth, City Manager OPTIONEE: ' THE CHURCH OF SAINT HUBERT OF CHANHASSEN MINN. BY: , Id vtic chi, ^ Its P,u.o ,gds,r;..,.;,. . BY: is BY: c/J — f ISTATE OF MINNESOTA ) Its MOM TEE COUNTY OF CARVER ) ss. I The foregoing instrument was acknowledged before me this i day of WtAAe l,,,, , 198,, by Thomas L. Hamilton, Mayor, and by Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota Imunicipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. IIN AR PUBLIC STATE OF MINNESOTA ) ICOUNTY OF CARVER ( ss. The foregoing instrument was acknowledged before me this I day of 1987, by the and by the of The Church of Saint Hubert of Chanhassen Minn. , a religious corporation, on its behalf. NOTARY PUBLIC i EXHIBIT NAB ' All that part of the following described property: Commencing on the corner post of North West corner of North East Quarter of Section No. thirteen (13) , Township one hundred and sixteen (116) of Range twenty three (23) running , East on Section line twenty nine Rods (29) to a post; thence South twenty eight (28) rods to a post; thence West twenty nine (29) Rods to a post; thence North on Division line twenty eight (28) Rods to place of beginning. Containing Five Acres of lands more or less and situated in NW 1/4 of NE 1/4, Section 13, Township 116, Range 23. (Book V, Page 533, Files of the County Recorder, Carver County, Minnesota) . EXCEPT those lands described in Book 112, Page 490, Files of the County Recorder, Carver County, Minnesota. AND EXCEPT those lands described in Book 73, Page 179, files of the County Recorder, Carver County, Minnesota. AND EXCEPT those lands lying southerly of the northerly line of the Chicago, Milwaukee, St. Paul and Pacific Railroad. Which lies westerly of a line drawn parallel with and distant 66.00 feet easterly from the west line of the Northwest Quarter of the Northeast Quarter of Section 13 , Township 116, Range 23 , Carver County, Minnesota, and which lies southerly of a line drawn parallel with and distant 33.00 feet southerly from the north line of said Northwest Quarter of the Northeast Quarter of Section 13 . 1 ILAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON 1 DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER. DAVID L. GRANNIS.JR.- 1910-1980 POST OFFICE BOX 57 (612)455-2359 VANCE B. GRANNIS 403 NORWFST BANK BUILDING DAVID L. HARMEYER VANCE B.GRANNIS, R. MICHAEL B. KNETSCH I J 161 NORTH CONCORD EXCHANGE. MICHAEL PATRICK A. FARRELL J. MAYER DAVID L.GRANNIS,III SOUTH Si PAUL,MINNESOTA 55075 TIMOTHY J. BERG ROGER N. KNUTSON TELEPHONE:(612)455-1661 IMarch 15 , 1988 - 1 Father Barry Schneider I St. Hubert Church and School 7807 Great Plains Boulevard Chanhassen, MN 55317 IRe: Church of St. Hubert of Chanhassen, Minnesota Great Plains Boulevard Right-of-Way IDear Father Schneider: Enclosed is a copy of a letter from Charles Tierney, dated I February 5 , 1988 . Would you please advise whether or not the Warranty Deed and Repurchase Agreement: in the above matter have been executed on behalf of your Church and whether or not these documents wi 11 be forthcoming to our office. IVery truly ur Y Y s , I GRANNJS , GRANNIS, FARRELL & KNUTSON I . BY I Valerie Linaman - ----- Legal Assistant VL: tc I Enclosure cc : Mr. Charles Tierney Father Austin Ward Mr. Don Ashworth I Mr. Fred Hoisington 1 W .2 6-1-ie t CAZI i et-t-e : is . I I 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I /1/8/ 7" �-- St. Huberts Church and School 7707 Great Plains Blvd. Chanhassen. Minnesota 55317 Telephone:934.9106 tom:_ 1 _ 5„ es 4, r LI ' August 2, 1988 Mr. Don Ashworth 690 Coulter Dr. ' Chanhassen, Mn. 55317 Dear Mr. Ashworth: ' Please allow this letter to serve as the strongest possible "written objection" to the assessment proposals (undated) presented to us by mail this past week. ' Our entire St. Hubert Community will be apprised of the distressing situation as we gather the weekend of August 6-7. We were never notified directly about this possible assessment! Nothing has been discussed with us since our conversations about other aspects of improvement almost a full year ago. We find it extremely difficult to even consider facing the possibility that savings (four years of hard work and discreet, frugal spending! !) might be wiped out by what some of us see as unmitigating, completely unnecessary extravagance of some improvements which have absolutely no ' real benefit for our St. Hubert Community. We are willing to carry our share of sensible, needed expenditures for some improvement in storm sewer, etc. , but not for other types of ' needless expense that burden us beyond endurance and provoke us to cry out in opposition. You are dealing with folks who settled this area and are used to surviving by frugality and thrift of living. ' We have received no maps - nothing! - to indicate the areas to be improved and for which we are threatened with these assessment proposals. ' May we please hear from your office soon. 111); 6t r Deeply distressed, JAPP.FL' ICteitlipee: ° Ra2AJW II t � � Fr. Barry Schneider, O.F.M. Pastor/Administrator ' BS/ekw • r t x/-r/ e/ 7- vt, ttubc rr+ ( hurt, .4e41 School :. - 7;11 C;,t of Pi o,t i)Ivd ('h.rnt,ji' rt., t+4h∎ne,ola ;,5317 'Telephone• 934-91O( Isr 1 r' Augusr 8, I1)88 Mr. . [)on /15hl. rrI:ti 090 Couiter 1)r. Chanhassen, Mn. 55317 Dear Don: I nave at hand your note to Gary Ehref td/ i >) in which / you lill:lti tOtl "difficulty relating to Fr. Barry's statements". I'm sorry . 1 had presumed you wclltl(1 hate seven the proposed .asve'ssrnc'nt roll ' Firstly , the proposed .issesstnent for the Old Sr . Hubert. ,f(' u trcn property i u nn way i.et_ l.eeets the agreements made with Fred flo:i.s.ington ' (last winter and early spring) - agreements which involved the land sale to the , itv and an understanding that cemetery footage can not :,e assessed (MiitnesLoa Law) . ' Iecorleilv , the assessment or $25,000.00 It rho parking lot ( i lm presuming that is the tot behind Paulo's ) , i n re , 1 Shur'k rrid we are prt'p;lred t'o • tint e'.:t i t s validity. ' A:.; we d i tie to,',e,i .,sse;.sttle11Ls last to l l and .pr I ng, the total (u the church (be: ote land ';al:, ) amounted to appso•.:im-;teIc $27,00(1 rn), ,1;: Iii uid&.t St. wl i t . I! • have the 1 ignres in document t c r the =1::-:e:,•, tient .l);reenlent I til tt1,l `,t . Hubert ('hrucll footage. ' I.t IS also common knowledge that the developers have Ove:t spout t trr.t budgets by extrerne.1y Largo -mounts. As a c hard) (out bustne:.:;) that belief it: VE'CV l ILL le :rum the downtown developments, We Wi l 1 , i:titest tin:. proposed asser,sine t;;. lge believe much of the development is extrava:;ant and 110w If the is Some enfr.)C in figure computation either by city treasurer ' :11- by us, pC La`;ce T. attempted to rr•;_, it you twice last Friday without success. Our church community was apprised of the situation this past weekenel. were urged to face the situation calmly, without .listening or adding co possi cl" Lcars,l, wnt i_i i have ha4 opporiun i tv to meet with you. In c.'.,. n;e,t:_._rl,,... w_ t;rc Zt:�y g' counsel . r. Barry Fcluncider, Pastor/Administrator 1 P.S. This near;er is mill- more 9eriou' than t11'2 "tree" issue. 'two o