2 Reconsideration of Disignation of 2.2 Acre Parcel, Villages on the Ponds
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CITY OF
CHANHASSEN
MEMORANDUM
Cio'CCIlterDri/le,POBox147 TO:
1i/Il!Jr/iSfI1, Millllesota 55317
Phoile 612.937.1900 FROM:
-;l'Ileral Fax 612,937.5739
gillmillg Fi/x 612.937.9152 DA TE:
\Iic Stifft), Fi/x 612.934.2524
{>/J ll'li'li',ci,rAlilhi/iSCIl.IIIJI,lIi SUBJ:
Mayor and City Council
Don Ashworth, City Manager
February 4, 1998
Request to Reconsider Establishing a Conservation Easement Over
a 2.2 Acre Parcel in Villages on the Pond
On October 13,1997, the city council acted to give final plat approval and other
actions regarding Villages on the Pond. One of the conditions was that a
conservation easement be placed on a 2.2 acre outlot within the Villages plat. The
request to reconsider this action has been made by St. Hubert's Church (see
attached correspondence, including a summary of previous actions).
Should a motion be made and approved to reconsider, City Council procedures
require that the item be tabled so as to allow the item to be published.
Reconsideration itself would then occur at the next regular meeting. Should a
motion for reconsideration not occur, or if made and failed, this item could not
reappear on a City Council agenda for at least six months.
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Updates from City Hall--December 11-17,1997
~~
Public Safety Department
. Permits and revenue for inspections
should be the same or higher than last
year.
. Team CRASH is helping address
statistical safety/accident data for the
intersections of Highway 5 & 101 and
Highway 5 & 17 as part of our traffic
safety effort.
. Elementary school crossing patrol has
been increased.
. Newly elected fire chief John Wolff has
already distributed a detailed question-
naire to the membership to seek feed-
back as the new fire administration
prepares to take command.
Finance Department
. Attached is the November 1997
budget and revenue report.
Planning Department
. Old Town District: The Planning
Commission reviewed the staff"issue
paper" regarding the old town (historic)
district. The commission is interested in
designating and prescrving an old town
district. Planning staff will be further
defining some issues, developing a
vision statemcnt, working with the
neighbors, and creating design stan-
dards. It is anticipated that the report
will be fOlwarded ot the council in late
spnng.
Administration
. Steiner Deyelopment: A question
arose Monday night as to whether an
agrecment exists betwecn Steiner and the
city to repurchase part of the Wrase
property. At the time of presenting the
purchase agreement for the Wrase
property, I was convinced that the city
council would not want to move ahead
with that purchase unless they knew that
they would be able to resell a part of the
property to Steiner. Steiner had earlier
prepared a list of items that he felt were
important if they were going to be able to
move ahead with their development, i.e. the
north/south road, full entry from Highway
5, etc. That letter also included an offer to
purchase the easterly 100 feet of the Wrase
property for $210,000. I did call Mr.
Steiner before presentation of the Wrase
item to verify that offer.. They stated that
they had re-reviewed potential uses for the
property and found that its value was very
marginal to their development, but would
honor the commitment that they previously
had made. During discussion of Wrase, it
was very clear to staff that that decision did
not include any approval or agreement to
resell any portion of the Wrase property.
Monday evening's decision to move the
tower to the east presents a whole group of
new options as it deals with the Wrase
property. Staff intends to place those
options into writing and to include this itcm
as a future work session item.
. Lakeview Hills: Attached please find a
copy of the most current proposal from
Steve Liefsehultz, owner of Lakeview Hills
Apartments. This should be a priority work
session item as Mr.. Liefschultz would like
to pursue other options if the current
proposal is not considered viable by the
city. Nancy, Mark Senn, and I met with Mr.
Liefschultz to review the proposal and
developed a group of questions that I am
presenting to Springsted. I am anticipating
that Dave MacGillivrary from Springsted
will be present at a future meeting to
discuss proposed refunding of several of
our existing bonds. Although it is antici-
pated that this would be scheduled on a
regular agenda, I would recommend that we
also include on that agenda the Liefschultz
proposal so that Mr. MacGillivrary can
respond to questions that Mark, Nancy and
I had as well as those that the council
may have. 1- ~ _
. St. Hubert's Church: I am again
enclosing last week's News Alley
together with the correspondence that
had been received from St. Hubert's
Church. They have formally asked that
this item be reconsidered by the city
council and, accordingly, I have no
choice but to put them onto a future
council agenda. Does the city council
wish to have a work session in advance
of that formal presentation?
--
. Other Enclosures: The following is ~
list of other documents attached to the
News Alley, including a brief descriptior
of each:
- Postal Service: Requests Postal Service
to complete fence.
- Fisher vs. City of Chanhasscn: Wc
won.
- Southwcst Transit: Rcsolution passed
by city doesn't imply agreement to a
park and ridc in Chanhasscn.
- Building PC011it Memo: Total 1997
permits and value of such will cxceed
1996.
- State Highway 101: Hennepin County
letter summarizing meeting with council.
- County Tobacco Ordinance: Request-
ing they add a section prohibiting 18
year olds from selling tobacco products.
Park & Recreation Dept.
Planning and construction schedules
for the referendum trail and community
park projects are attached. Please
contact me ifhave any questions.
· Happy Holidays!
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Updates from City Hall--December 3-10, 1997
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f#c- Administration
. 2.2 Acre Parcel in Villages on the
Pond: As of a week ago, the issue as to
whether or not the Wards needed to
dedicate the 2.2 acres to the city vs. the
city having to purchase such appeared to
be clear. Specifically, Bob Generous
showed me the proposed plat, at the time
that the wetland alteration pennit was
being considered, wtrictI clearly includes
the 2.2 acres. The Planning Commission!
City Council discussions were also clear
in that the city was providing significant
concessions to the developer in regards
to wetland alteration and that their
dedication of the 2.2 acres for conserva-
tion purposes was reasonably justified.
These conditions/approvals were known
by St. Hubert's and can be attested to by
their own letter stating, "In taking this
action, the council did so with the
understanding that the church and the
developer of the Villages would need to
renegotiate their land purchase agree-
ment to implement the nOl1herly soccer
field concept." What appears to have
muddied the water is the fact that the
Wards didn't want to renegotiate. The
church appears to be in the position of
purchasing either 8 acres or lO acres, but
the price stays the same. I am suspecting
that the church sees that the only means
by which they can reasonably be
reimbursed their perceived value of the
property ($90,000) is to convince the
city that it is their property and that they
should be compensated the $90,000 if
they are being forced to conserve it. As
of the current time, the 2.2 acre outlot is
in the Ward family name. Adding to the
confusion is the fact the actual plat filed
with the county now has the 2.2 acre
parcel designated as Outlot L and the
former Outlot H is a much smaller
parcel. The paper trail could become
very confusing if this issue ends up in
court.
I have submitted the updated issues to the
city attorney and have requested him to
prepare a confidential opinion to the city
council as to our chances of being sus-
tained if this does go to court.
. TIF: Final impacts of the state
legislature's reduction in commercial!
industrial taxes should be completed by
early this next week. Those reports have
been prepared primarily by Pam, but under
the direction of our city auditors. Addi-
tionally, the city's financial consultant has
been reviewing alternatives as it may deal
with refinancing one or more issues likely
to be impacted by this legislation. The
League of Minnesota Cities has scheduled
a meeting for next Wednesday whereat we
will explore a common means by which to
present what the impact of the state
legislation has been on many cities, similar
to Chanhassen, having districts that are
nearing their expiration date. Changes in
state law as it deals with school referen-
dums and how that impacts tax increment
districts has also hindered Springsted's/
Tautges' ability to prepare a final report
for city council consideration. A work
session in January is highly likely.
. Position Classification & Pay Compen-
sation Plan: This plan has been updated
and will appear on the first agenda in
January.
. Philadelphia: I had a couple questions
as it dealt with reimbursement for council
costs in attending the NLC Conference. I
am attaching a copy of my expenses. I
have not included vehicle costs for
November. Hopefully this will help you
remember all of your expenses.
. Christmas Party: Remember that the
staff Christmas party is on Thursday,
December 11 at 12:30 p.m. at the
Recreation Center.
Park & Recreation Dept.
. About 125 people attended the city's
annual tree lighting ceremony last
Saturday. New features of this event
included a bonfire, a decorated conces-
sion trailer, and Santa's arrival on the
aerial ladder truck.
. We served 817 people at the annual
Breakfast with Santa at the Recreation
Center last Sunday.
Engineering Department
. Deadline for compliance with Sump
Pump Ordinance is February I. 1998.
· Loren Engelmann (Heavy Equipment
Operator) to start employment with the
City on 12/15/97.
· Retirement luncheon for Art Kerber
tentatively scheduled for February 3.
1998 at 12:00 noon. RSVP to Nikki
Dummer (474-4127) by 12/18/97.
· Initiating preliminary in-house study
for water quality improvelllcnts along
Lotus Trail. --
Public Safety Department
. No news to report.
Planning Department
. At the April 14, 1997 City Council
meeting, the Solid Waste Grant Agree-
ment with Carver County was tabled
due to the Council's request of more
information as to whether or not the
grant covered all of the costs of the
compost site. A breakdown of costs
was provided at the following April 28
meeting. It showed the compost site
was indeed fully covered by the grant.
Now that the season has ended and the
curtain is being pulled on the compost
RECE\VED
DEe 09 1991
CITY Of CH^NHASSEN
December 8, 1997
Nancy Mancino
Mayor, City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Dear Nancy:
The purpose of my letter is to follow up on our recent discussion concerning future
parkland credits for St. Hubert's Church and ASMAR regarding Villages on the Pond. First,
I would like to thank you and Don Ashworth for taking time to meet with Father Steve
Ulrick, Dave Bangasser and myself to discuss the history of this issue and attempt to clarify
previous discussions. I personally felt that we had a very productive meeting.
First, I will begin by summarizing the agreement that the Church feels it reached the Mayor
and city staff in the fall of 1996. Specifically, that agreement was:
A) St. Hubert's or the Wards would agree to deed to the Ci(v of Chanhassen for Public
Open Space pUlposes the 2.2 acre parcel located south of the Church and east of
Highway 101.
B) At the tjme of flling the inWal plat for the VjJlages, the Wards or the Church would
agree to pay $16,000 park/trajJ fees.
C) At the thlle of obtahling a bujJding permjt for the Church, no addWonal park or trajJ
fees f-flOUld be cdjActed from St. Hubert',; gfnce St. HuIF'Tt's is CD!1stn!cting f! pArk
and playground as part of'the project.
D) The Wards would be granted future parkland credjts equal to 590,000 wMch wjJl
be credjted agahlst paddand land lees due in the future when addWonalland is flnal
platted wjthin the VjJlages subdivision.
The $90,000 was intended to offset a portion of the additional Church costs associated with
the relocation of the soccer field.
In 1995, St. Hubert's executed a letter of understanding with the Ward family to acquire
10.2 acres for its Church and education complex. The letter of understanding was
conditioned upon the Wards receiving approval for their planned unit development which
was obtained in the Fall of 1996. The approved PUD did reflect a 10.2 acre site for the
Church and approved the construction of a soccer field on the southerly wooded knoll.
Based on that approval, the Church proceeded to execute a purchase agreement with the
Wards.
Through the site plan review process for the St. Hubert's facility, there was discussion and
disagreement among Planning Commission, Park Board and City staff as to whether the
soccer field was an appropriate land use for the knoll. Specifically, the issue revolved
around the conflict of the perceived need for an additional soccer field and Church open
space as opposed to preserving the wooded area. In light of this conflict, the City Council at
its meeting of August 26th took action continuing discussion of the site plan and asked
representatives of the Church to meet with City staff to develop a plan that could address
each of these concerns. Given that request, we did revise our site plan to provide for a
future soccer field north of the knoll, while at the same time preserving the wooded area.
In dcvelopil1g the c:::nccpt though, it is cleaf that not only would the Church have less
usable land, but there was a significant expense in implementing the revised. grading and
development plan.
In a letter to Mayor Chmiel, Father Steve Ulrick indicated the Church's willingness to
proceed with the revised plan provided the City follow through with its commitment to
grant future parkland credits. Attached is a copy of the letter from Father Ulrick to Mayor
Chmiel.
On SepteLlber 9, 1996, the Chanhassen City Council approved St. Hubert's site plan based
on moving the soccer field to the north. In taking" this action, the City Council directed the
staff to "work out an acceptable agreement" with St. Hubert's relative to the relocation
costs.
As one of the representatives of the Church, I did meet with your staff and we reached
agreement on how the knoll area would be preserved in exchange for parkland credit to the
Wards. This agreement VJas summarized in my letter of December 2, 1996 to Don
Ashworth which is attached. Mr. Ashworth has confirmed that the letter accurately
reflects the agreement reached between the Church and the City. Further. St. Hubert's
amended their purchase agreement with the Wards which provided that the Church would
acquire 8.2 acres and would be responsible for all costs associated with redesigning grading
and development of the revised site plan. The additional site development cost incurred by
the Church based on the revised site plan were in excess of 590,000. The Wards agreed to
pay the Church [or parkland credits received as a result o[ the Imol/ dedica{jon,
consequentlx anx beneDt [01111 the credits will accrue 100% to the Church and not to the
Wards.
Based on the acceptable agreement with the Mayor and City staff as outlined in my letter of
12/2/96. St. Hubert's proceeded to acquire the land and construct our new facility with the
clear understanding was that the City Council would be approving future Villages on the
Pond Additions with the condition that parkland cash payments would be waived up to
590,000.
As we discussed this issue, it became clear that one of the points of disagreement was the
requirement in pre,'ious City apprm'als for a conservation easement on Outlot H and the
perceived assumption that Outlot H included the wooded knoll. First, I have reviewed the
approval conditions for the PUD and there was clearly no requirement for a conservation
easement on Outlot L which is the wooded knoll.. The Wetland Mitigation Permit does
specifically require a conservation easement on Outlot H. Recently, I did ask Vemell
Clayton of Lotus Realty to review with BR W whether they prepared a Preliminary Plat
showing the wooded knoll area included in Outlot H. They indicated that all of the
submittals that they had made to the City clearly identified the wooded knoll area as a
separate outlot and thus, at no time did either the City approvals or the wetland permits
require such a conservation easement. A conservation easement was required across the
wooded area south of Hwy. 101 but only if it was determined to be feasible to relocate the
soccer field to the north. The Church did determine that the relocation was economically
feasible based on the City's commitment to provMe park land credit. .
In conclusion, St. Hubert'.s would i:~sk that the City Council reconsider its action on the
Villages on the Pond Second Addition and provide the previously agreed to parkland credit.
Upon receipt of the 2.2 acres of parkland credit, St. Hubert's and ASMAR remain
committed to dedicating to the City for parkland and open space Outlot L. St. Hubert's truly
looks forward to resolving this misunderstanding and looks forward to meeting with the full
City Council in the near future to discuss these agreements.
Thank you fOF?your cooperation.
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DP:jms
Enclosure
15/97 12:21 To:DON ASHWORTH
From:Dave Pokorne Page 4/5
October 13, 1997
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Don Ashworth. City ~Ianager
Cit" of Chanhassen
P.O. Box 1--17
Chanhassen. .\L', 55317
Dear Don:
The purpose of my letter is follow up on our recent discussion concerning t.he acquisition of
Out.lot L of the \'illages on t.he Pond by the City of Chanhassen. It. is m~' understanding that
t.his item will be considered again by the City Council at its October 13 th meeting.
Because of other commit.ments. I will be unable to attend t.hat meeting. It. is my
understanding though. based on your .\lemo of October 8. 1997. that there is agreemem
that the understanding between the City. the \ \ 'ards and Sr. Hubert's Church is gencrall.\' as
outlined in the letter of December 2, 1996. In re,'iewing the history of this mailer witlI
Daye Bangasser. who represented the Church through the Site Plan appro\'al process. he
concurred t.hat the final Site Plan "lNaS apprm'ed with the understanding tlIat the 2.2 acre
omlot. would be preserYed as open space and further. that the st.alr ,vas instructed b.\' t.he
Cit\' Council to work out adequate compensation.
If tilt.' City Council has additional questions for the Church or if they do not concur wit I}
.\'our recommendation. I would ask that I be allmved to attend a future Cit.~' Coullcil
meeting to re\'ievl the Church's position again in greater detail. If the Council concurs with
~'our recommendations, the Church would be supportiYe of either a direct paymclH or
future parkland credits as was originally agreed to.
Thank you for your continued cooperation. If you hm'e any questions concerning SI.
Hubert's position on this matter. please feel free to contact me at your conYellience.
Si ncere1\'.
Da\'id Pokorne~'
DP:jms
10/15/97 12:2~ To:DON ASHWORTH
From:Dave Pokorne
Page 2/5
October 15, 1997
l\ annT \1 ancino
~ r ayor. City of Chanhassen
P,O, Box 147
Chanhassen. :\1:-: 55317-01-17
Dear ~laYor ~lancino:
It is my understanding that the Chanhassen City Council. at its October 13th meeting. took
action approying Villages on the Pond 2nd Addition with a condition that a conser-ration
easement be proYided across Outlot L. As you are aware. I do beliew that this action is
inconsistent with the preYions agreement between the City of Chanhassen. the \\Tards and
St. Hubert's Church regarding the outlot.
Thc purpose of my letter is two-fold. First. I would like to request a meeting with you and
ot her appropriate City ofikials to discuss this matter to assure that the preYious agrecmcnts
arc understood and implemented, Secondly. I 1vill attempt to again layout the history of
the understanding between the Church and the City on this matter.
In 1995. St. Hubert's Church entered into a letter of understanding with the "\ \'ards to
acquire 10.2 acres for the site of its future Church and School facilit,-. This letter or
understanding was contingent upon the "\ \Tards obtaining Concept Plan apprO\'al from the
City. The City Council approved the Villages on the Pond Concept Plan on December] ].
1995. Attached is a copy of the Concept Plan which did incorporate the construction of till'
soccer Held on what is now Outlot L.
Based on that apprO\'al. St. Hubert's proceeded to execute a binding purchase agreement
and subsequently presented to the City a Site Plan for the Church and School concept.
Through the reYiew process. there was disagreement among the yarious City reyiew
entities on 'whether the soccer ileld should be constructed on the knoll. or \vhether the knoll
should be preserwd as public open space. The City Council originally considered St.
14ubert's Site Plan at its meeting in August of 1996 and took action continuing the maLlei"
with the direction to the Church and City stair to develop a reyised plan eliminating tIll'
soccer 11eld on the knoll and instead, preserving this area.
Based on that direction, St. Hubert's worked with the developer and your stan' to dewlop all
alternatiw plan based on the concept of preselTing the wooded knoll as public open space.
0/15/97 12,21 Tc~OON ASHWORTH
From:Dave Pokorne
Page 3/6
Through those discussions, we were assured by City representath'es that either the Chmch
or the dewloper would be appropriately compensated for creating the public open space.
On September 9, 1996, the City Council took action approi'ing the amended Site Plan. In
taking this action. City stair was directed to work out an appropriate agreement with the
\ Vards and the Church concerning the acquisition of this Outlot. Subsequent to discussions
with representatiws of the Parks, Planning and Administratiw stan~ an agreement 'was
reached whereby the outlot would be dedicated to the City and the \\'ards or the Church
would receiw future parkland credit. This agreement is summarized in the attached letter
to Don Ashworth, City .\Ianager dated December 2, 1996. Following this agreement. the
Church proceeded to amend its purchase agreement with the \\'ards to reflect that
understanding. I do beliew that ;\Ir. Aslrworth ,,-wuld concur that the Decem bel' 2nd letter
accurateh. reflects the agreement reached at that time. It ivas not until approximateh' 30
~ - . -
da-,'s ago that we became aware that the City Council was considering action inconsistellt
\vith that agreement.
It should be noted that the other elements of the December 2. 1996 letter han' beCll
implemented. The Church and the \\ 'ards amended their agreement to create a separate
out lot for the knoll. the S 16,000 of park land fees ha\'e been paid and a building permit
was issued to the Church with no additional park fees required. Both the \\'ards and the
Church are prepared to complete the original agreement and deed the Outlot to the CiW
Based on our past dealings 'with the City of Chanhassen. Sr. Hubert's is cont1dent that this
misunderstanding can be resolwd and that prETious commitments li'OlB both partif's will be
adhered to. I look forward to meeting with you in the near future to discuss these mailers
ill greater detail.
Thank -,'ou for your continued cooperation.
Sincereh'.
Da\'id Pokorney
Building Committee
DP:j ms
Enclosure
c: DOll /\shivorth. City .\Ianager
Sr. I Iubert's Building Committee .\Iembers
Father SteH' Clrich. Pastor
City Council Meeting - October 13, 1997
Mayor Mancino: Thank you. Anyone else wishing to address the Council? Okay, seeing none I'll bring
this back to Council.
Councilman Senn: I would move that, in that we've now had the presentation from the Association and
the public input, that we table this and ask staff to prepare a response that can be presented before
Council and the public next meeting.
Mayor Mancino: Okay. And that would be when? On October 27th? Is that our next meeting?
Councilman Senn: I think that's our next regular meeting, isn't it?
Mayor Mancino: At the next regular meeting.
Don Ashworth: That would be the next regular, yes.
Mayor Mancino: Okay. Any discussion on that?
Councilman Berquist: That's absolutely fine with me. I'm frankly amazed at one person speaking,
except for the two of the three tri-chairs and the Minnetonka gentleman in favor of it. I really expected
more people to speak to it.
Mayor Mancino: Is there a second to the motion?
Councilman Berquist: I'll second the motion to table.
Councilman Senn moved, Councilman Berquist seconded to table the request for a donation to the
Chaska Community Hockey Association and direct staff to prepare a response that can be
presented before Council and the public next meeting. All voted in favor and the motion carried.
Mayor Mancino: The motion canies. It will be tabled and we will have a written decision at our next
Council meeting October 2ih. Thank you. Thank you for coming.
VILLAGES ON THE PONDS DEVELOPMENT, NORTHEAST CORNER OF HIGH'" A Y 5
AND GREAT PLAINS BLVD:
A. CONSIDER ACQUISITION OF OUTLOT L (2.2 ACRES).
B. FINAL PLAT/REPLAT OF OUTLOT C INTO TWO LOTS.
C. APPROVE ADDENDUM A TO DEVELOPMENT CONTRACT.
Don Ashworth: During the development of Villages on the Pond there's been a number of questions as
to what really transpired with Outlot L. St. Hubert's Church would like the City Council to consider
actually purchasing that. I believe that through the process the City and Council has considered this as an
area that should fall under conservation easement. In fact went so far as to require that the developer
include that as a part of another document that was entered into between the developer and the City.
Staff really was unclear as to what the City Council's intent was and accordingly have returned the item
to the City Council to tell us whether or not it is to be continued to be looked at as a conservation
easement or are we to move ahead with some form of attempt to in fact acquire that parcel.
13
City Council Meeting - October 13, 1997
Mayor Mancino: Any questions at this time? Comments from Council members on this. Which way we
would like to see it go. It has been stated in the wetland alteration permit that was taken out for the
Villages on the Pond PUD, that Outlot L be set aside as a conservation easement. It has also been stated
in the conditions of approval for site plan for St. Hubert's church that this be a conservation easement.
Councilman Senn.
Councilman Senn: As I understand it, and I guess that's what I want to clarify. The only action that
would be necessary is if we were going to take an action to change our minds as to what we've already
said, correct?
Don Ashworth: I believe that is correct.
Councilman Senn: Okay. So effectively if we take no action we are effectively keeping our position
which is reflected 1 believe in a couple of city documents already saying that it will be a conservation
easement and will not be paid for.
Don Ashworth: Do you concur?
Councilman Senn: Okay. That would be my opinion.
Mayor Mancino: Okay. Do we need to make that into a motion?
Roger Knutson: No action is necessary if you don't want to do anything other than what you've already
done.
Mayor Mancino: Okay. Then we will leave it as is.
(There was a tape change at this point in the discussion.)
Bob Generous: .. . approval and from the addendum A to the development contract. Staff is
recommending approval of the final plat.
Mayor Mancino: Okay, thank you. Any questions? Is the applicant here tonight, and would you like to
address the City Council? Okay. The applicant is not here tonight. Then let us take action. Are there
any comments first from any Council members?
Councilman Senn: Move approval.
Councilman Mason: I second it.
Mayor Mancino: Excuse me. Would you clarify. Are you including number 1 or are you deleting
condition number 1? It certainly doesn't hurt us to be redundant, does it?
Roger Knutson: No.
Councilman Senn: Leave it.
Councilman Mason: Yeah.
14
City Council Meeting - October 13, 1997
Mayor Mancino: Leave it, okay. So just to make clear, it would be all 8 conditions.
Councilman Mason: As stated in the staff report.
Councilman Senn: Yep. Yeah, as per staffs recommendations.
Councilman Senn moved, Councilman Mason seconded to approve Villages on the Ponds Second
Addition final plat, PUD 95-2, subject to the following conditions:
1. The developer shall grant to the City of Chanhassen a conservation easement over Outlot L,
Villages on the Ponds as described in the conditions of approval for the Villages on the Ponds.
2. Provide cross access easements and maintenance agreements which shall be dedicated over Lots I
and 2, Villages on the Ponds 2nd Addition for access and utility purposes.
3. The appropriate drainage and utility easements will need to be dedicated on the plat over the
stormwater basins and wetlands on the property. Drainage and utility easements shall be dedicated
on the final plat for the storm water basin and wetland up to the 100 year flood elevation.
4. The applicant shall enter into an addendum to the development contract/PUD agreement for
Villages on the Ponds.
5. The applicant shall pay the City GIS fees in accordance with City fees at time of recording the final
plat.
6. The proposed commercial development of 2.13 net developable acres is responsible for a water
quantity fee of $9,287. This fee is due payable to the City prior to the City filing the final plat.
7. All utility improvements shall be constructed in accordance with the City's latest edition of
Standard Specifications and Detail Plates. Upon completion of the utility improvements. the
applicant or their successors shall supply the City with a mylar set of as-built construction plans.
All utilities installed within the plat shall be owned and maintained by the property owners and not
the City.
8. The developer shall pay full park and trail fees pursuant to City Code.
All voted in favor and the motion carried.
Mayor Mancino: 6C. Approve Addendum A to Development Contract. Staff report please.
Dave Hempel: Mayor, City Council members. The replat of Villages on the Ponds Phase 1, which is
Villages on the Pond Second Addition results in the necessity to amend the original development contract
to include this new plat. No additional public utility or street improvements will be necessary in
conjunction with this replat. The attached Addendum A extends the conditions of approval from Phase 1
to also apply to the Second Addition. It is therefore recommended that the City Council approve
Addendum A to the development contract for Villages on the Ponds conditions upon the developer
supply the City with administration and recording fees. One other point I'd like to raise is I did have
three additional conditions to add to this particular development contract to bring it up to our current
15
City Council Meeting - October 13, 1997
development contract standards. One of them has to do with construction hours. To make it uniform
with other development contracts. Noise amplification and development signs.
Mayor Mancino: Thank you. Any questions for staff at this time? Any comments from Council
members? May I have a motion.
Councilman Senn: Move approval with the three new conditions added.
Councilman Engel: Second.
Councilman Senn moved, Councilman Engel seconded to approve Addendum A to the
development contract for Villages on the Ponds conditioned upon the following conditions:
1. The developer supplying the City with an administration and recording fees in the amount of
$100.00
2. Construction hours consistent with other development contracts.
3. Noise amplification consistent with other development contracts.
4. Development signs standards consistent with other development contracts.
All voted in favor and the motion carried.
POSTAL SERVICE VPDA TE:
Mayor Mancino: Moving right along. The next item on the agenda is item number 7, Postal Service
update. Mr. City Manager please.
Don Ashw0l1h: The City has received bids for the trail, the landscaping and the fence. r think it's fair to
say that we do have a budgetary problem that we're going to need to discuss and work out in terms of
how do we stay within the $32,000.00 limitation, potentially using additional materials from the City's
tree farm to reduce the materials, etc. However, all of those discussions are really moot until such time
as the Postal Service grades the south side of that berm, the 2: I slope that they agreed to in writing
between the City and the Postal Service earlier this year. That has not been completed. We're basically
presenting this item so as to allow the City Attorney to inform the City Council as to how we might
pursue getting them in compliance. With that I guess r would ask the City Attorney to speak.
Roger Knutson: Mayor, members of the Council. We have been, I'll be blunt about it. We've been
beating them over a head about once a week with repeated phone calls to their architect saying, when are
you coming? It's snowing out there. We didn't tell them that because it just started now. We have been
beating them. And unfortunately I have to report to you what they tell me is, they don't know. Why
don't you know? Because they haven't gotten the job done. They should have gotten the job done and
we will keep beating on them until, I'm convinced, well they know they have to do it and they will do it
because they signed a contract with us saying they will do it. This is not a matter of negotiations
anymore. It's a done deal. It's just a matter of getting them out there and doing it and we will continue
to beat on them. At some point I suppose if worse comes to worse, we'd have to recommend we start a
lawsuit against the post office. I'm not recommending that tonight because a lawsuit would take a lot
longer hopefully than it will take them to finish the dam job. They've just got to get at it.
16
09/11/97 09:27 To:DON ASHWORTH
From:Dave Pokorne
Page 2/4
Memo
To:
From:
Date:
Re:
Don A.shworth, Vernell Cla)'ton
Dare Pokorney.', St Huberts Church Building Committee
September 10, 1997
Soccer Field Outlot
Recently I became aware that the City was considering requiring the \Yards to place a consenation
easement across Outlot L of the Villages on the Pond as a way to presene the outlot as a public open
space. This outlot is the property that St. Hubert's Church had originally intended to acquire and
dn'elop a soccer field on.
During the ITyieW process for the original plat and site plan for the Church, the City asked the Church to
reconsider its plan and presene the area in its natural enyironment. An agreement was reached at that
time \\'hich pro\'ided that the Church would modi~y its plans and assume additional expenses in order to
construct a field area to the north of Outlot L, with the understanding that the City would proyide future
parkland credits of up to $90,000 for "the taking" of this parcel. Attached is a copy ofa letter to the City
outlining these understandings. This agreement was discussed at the time that the fmal site plan \\'as
approwd by the City Council and the Church has relied on that understanding as \\'e\e proceeded \\'ith
our project.
The Church has appreciated the cooperation it has receiwd fi'om both the City and Lotus Realty during
the dew lopment of its new [.lCility and thus. our hope is to ayoid a conflict OWl' this particular issue.
Consequently, I would suggest that we arrange a meeting in the near future to resolye the 0\\11ership of
Outlot L and to deyelop a strategy to implement our pre\'ious lmderstanding.
I will be contacting you in the near nlture to arrange a meeting to resolw this matter. Thank you for
your continued cooperation.
City of CH.ISK.4 One City Hall r!,m Cha,:ka. \1:\ ;; 318-1962/ P!lOne (612)4.4-8-28; 1 Fax (61 ~ )+4-S 9,00
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I, b.an1.l. 'u~,Je.;t 10 the term. l\."Id ~ol'ld1tloM let rQ['~ hr.Il.rt, ~Cl Ci:y of Che.rJas8t'h
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well'l\d ro, a bwldlnl pad th6t de>u Mtu,lst, S~!fttcO:T\.'nttldt that the
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rot ill Wet and Imp~c1.$. Cll'j ,!~rrc.r:t~ to ee.!t1,?! \lplan~ b~rreN r.l'1d .Iom)
WII~r por.dJ fot mltlg&llon u eJlowclf by 19P6 rc\1rlcM to th~ Wetland
CCtlteNIlII~h Aet. 1lh "~emer,t wu mcda Ln L'i ~ffort tt! PCf:lOr.'t tAf\JnJ c..'tU
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/15/97 It'?l T~:DON ASH~ORTH
From:Dave Pokorne
Page 5/6
December 2, 1996
Don Ashworth
City.\Ianager
City of Chanhassen
Chanhassen City Hall
P.O. Box 147
Chanhassen, .\ II\ 5 5 31 7 -0147
Dear Don:
The purpose of my letter is to summarize our recent discussion concerning parkland
dedication and payment of park fees for St. Hubert's Church. Specifkall~'. we agreed:
.
A) St. Hubert's or the irards would agree to deed to the City of Chanhassen for Puhlic
Open Space purposes the 2.2 acre parcel located south of the Church and east of
Highway 101.
B) At the time of Illing the initial plat for the rillages. the \\'ards or the Church \vollld
agree to pay 516.000 park trail fees.
C) At the time of obtaining a building permit for the Church. no additional park or
trail fees would be collected from St. Huben's since St. Hllbcrt's is COllstrLlcting a
park and pla~'ground as pan of the project.
Dl The i \'ards would be granted future parkland credits equal to 590,000 Wllich \vill
be credited against parkland land fees due in the future \vhcn additional land is 11nal
platted within the rillages subdh'ision.
Thcse items I beliew represent the agreements between the City. the 'Wards and St. Hubert's
Church relatiw to the donation of the 2.2 acre parcel. It is the Church's intent to obtain its
building permit for the project in early December. Funher. we understand the Church will
be responsible for paying 5110.000 in sewer and water a\'ailability charges, Our intent
will be to request that these costs be assessed based on normal City policy. r trul~'
appreciate your stall's cooperation in assisting the Church as \ve ha\'e dewloped our o\'crall
master plan and look forward to truly creating a special project.
rr ~'()ll han' any questions concerning these understandings please feel free to cOlllact llle at.
\'our cOIlH'llience.
Sinccrcl\',
10/15/97 12:21 TG:DON ASHWORTH
From:Dave Pokorne
Page 5/5
Dan' Pokorney
Building Committee
St. Hubert Catholic Community
Parish Office: 7707 Great Plains Blvd. · Chanhassen, Minnesota 55317 . (612) 934-9106
September 23, 1996
Don Chmiel
Mayor. City of Chanhassen
7100 Tecumseh Lane
Chanhassen MN 55317
Dear Mayor Chmiel:
At the September 9 Chanhassen Council meeting, the City Council took action approving the St.
Hubert's Church Site Plan with a condition that the proposed soccer field be located north of the
creek as opposed to the originally approved site on the southerly knoll. In taking this action,
Council did so v.'ith the understanding that the church and the developer of the Villages would
need to renegotiate their land purchase agreement to implement the northerly soccer field
concept. The Council stated that if an agreement could not be reached between the two parties,
the Council could hold a special meeting to consider an amended Site Plan based on original
PUD approvals.
Both the Ward's, the land owner. and St. Hubert"s Church have recognized the City's Staff and
Natural Resources Commission's preference has been to preserve the wooded knoll area even
though the existing terrain would be changed significantly in the future as a result of the
Highway 101 relocation. Consequently, in developing the church's Site Plan, we did prepare
a concept that showed the northerly soccer field location. Following the Council's action both
the Ward's and the Church directed their consultants to pursue further this alternative and to
identify the related costs and planning implications. Based on that analysis, the two parties have
now reached agreement regardi ng a plan and purchase agreement which would allow for a
slightly smaller field area to be developed north of the creek. To implement the agreement,
though, we would need the City's cooperation in addressing the following issues:
,
A) The developer's would be granted two acres parkland dedication credit with the
understanding that the \\looded knoll area would be dedicated to the City
B) The NURP pond located west of Highway 101 would be expanded with the
smaller NURP pond located east of Highway 101 and north of the creek being
eliminated
C) These changes cou Id be implemented in a ti mel y manner so as to assure that si te
grading could begin by October 1, with footings for the church being started by
November 1
The Grading Plan. Option 5. dated 9/5/96. which has been reviewed by the City Council, has
subsequently been reviev,'ed and approved by both the Church and the Wards, with minor
modifications.
I truly appreciate the assistance that we will receive from the City and your Staff in developing
what we feel is a win-\vin situation for all. If though, the City Council determines that these
plan modifications are not in the best interest of the City, we would ask that the Council approve
the original church Site Plan locating the field area south of the creek which is consistent with
the original PUD approval.
Sincerely,
Fr. Stephen Ulrick, Pastor
St. Hubert's Church