CC Agenda 09-25-1989 part 1-g
).)r t-
AGENDA}- CHANHASSEN CITY COUNCIL
MONDAY' SEPTEMBER 25, L989 ' 7:30 P'M'
csexgessuu t'lilNrcrpar, BUTLDTNG, 690 couLTER DRrvE
CALL TO ORDER ( Pledge of AIJ-egiance)
dI-,
/{1(,r>w
de"1l .,It
!,,* !,5''
r-L
l
,4.ROLL CALL
APPROVAL OF AGENDA
RECYCL I NG PRIZE DRAWI
CONSENT AGENDA
Al,,s>.,!
( City Council action
recommendation for
Council packet for
(The Council wi 1I
$50.00 recYcling
IS
each
Reed's Orchard
Classification
draw a name for the
prize. )
based on the staff
item. Refer to the
staff report . )
5 of the CiEY CodeIordinance Amendi ng
Regarding Swimming
Approvat of One Day Temporary on-SaIe Beer License,
chanhassen Lions CIub, oktoberfest.
Approval of Medical Arts Facility Development Contract'
1990 Budget, Set Date Public Hearing Date (October 9,
r989).
Chapte r
Rafts.
a
b
d
y'o
lrt
e
f.
FinaI PIat
Approval of
PIan.
g. Fina1 Plat Approval-, Quattro Addition'
Item Deleted. **
ApprovaI,
Position
Ridge.
and Pay Compensation
h
i Approve Engineering Contract for TH 5 Intersection
oLiigns foi Great iI.in= Boulevard, DakoLa Avenue and
Itark6t Boulevard, Barton Aschman and Associates '
j.Consider UtilitY
Shorewood, KeIlY
Service to Cedar Heights Addition,
Bosworth.
k
I
m
n.
Item Deleted. **
I.
Accounts PayabIe.
City Council minutes dated September 11, 1989'
citlz Council minutes dated September 13, 1989'
Authorize Draw Against Letter of Credit and Condemnation'
Curry rarms secoid Addition. /0t.itt 0 t<
6. Approve Purchase Aqreement for Sale of PorEion of Murray
- - ,'iir water Tower slte to Gilbert and Jillene Kreidberg'
\r.I 5t-l< - utk is b! - S,-J y'.br-, $ -,14u-y',
t p\/l{
4-.t
7*5A,,+t
VISITOR PRESENT AT IONS
PUB LT C HEAR I NGS
4/t ^+
,\/(, * 4.,-
t0, cU
l$+--;n .11".U
,^,.' 1tl 1
cL
Council procedures a1low for the presentationaction is required, Ehe icem ,iir"O.-t.UIed toagenda to allow for publication ini-reiie, orfinal consideration.
of items. Ifthe next avai lableitems prior to
)2r[' assessment Hearing and Adoption of Assessment RoIls:
a. Kerber Boulevard Improvement project g7_g. elOb. Minnewashta Meadows f.p."r.*.nl project gg_2.c. Bluff Creek Drive ImprovemenE eroje6t gO_5.
A0o- a, /.aAWARDOP BTDS $y 8.n. 1 - 4tc.,l s I A.* 717,.,-r.t t . -Ulel t (.et t -fi//
ei/ *tto,1- tJJeA '- J,etcLrbrary Remodeling ero ject-s.3. City uall-/
sl,",/L t.-
4
UNFINISHED BUSINESS
PreliminaryLots, South
Boulevard,
NEW BUSINESS
PIat t.o Subdivide 9.5 Acres into 18 Single Familyof Pleasant View Road and East. of powersVineland Forest, Van Eeckhout Building -orporation.
Yard SetbackCircle, Bill Variance Request for anand Nancy Febry. *Existi.ng Deck, I7I05Rea r
Tea I
)
,..
6
Y)
Consider Petition to Delete Sidewalk Requirement
E'arms Addi t ion.
IN Curry
o ,
7 . RequeEy'to\Ulajrie,,,ftequ i fement /to\g4r tonnec
Sewer, 695 P.l,easant View Road, Michae Clark.
Wate an
8. Item moved to the Consent Agenda.
SaIe Agreement, Southrrrest Corner of Highway 41 and West.Street, Glen Pauls.
9 La nd
82nd
10. Authorize Extension of Amended Curbside Recycling Contract.
I1. Financial Advisor, Designation.
COUNCIL PRESENTATIONS
Council Procedures al1ow Council members Lo present items for
discussion. If action is required, the item will be tabled to
the next available agenda t,o allow for publication and review of
items prior to final consideration.
12. tlow to Shorten Agendas, Mayor Chmiel.
tt A .
ADMINI STRATIVE PRESENTATIONSE.J -l U4na
ADJOU RNMENT
* The Board of
wi 1l- be heldCity Counci Idesire.
Adjustments and Appeals Hearing on this itemjust prior to the City Counci.l meeting. The
may still review the applications if they so
** The following items were published and subsequentJ.ydeleted from this agenda:
lh. Approval of Summary Ordinance for Minnesota Va1leyElectric Franchise Ordi nance.
1k. Accept Proposal for Soil Testing on the Sinclair GasStation Site for Trunk Highway 5 RighE.-of -WayAcquisition.
A copy of the staff report and supporting documentalion beingsent to the City Council will be available after 2:00 p.m. onFriday. PLease contact City HaII to verify thats your item hasnot been deleted from the agenda any time after I:00 p.m. onFriday.
tb
EHfrNHASSEN
690 COULTER DRIVE. P.O. BOX 147 O CHANHASSEN, MINNESOTA 55317
(612) 937-1900 , r/ !ri/ Adminisrmror
' ,{- lra
MEMORANDUM
TO: Don Ashhrorth, City Manager
FROM: Karen Engelhardt, Office Manager
DATE: September 13, 1989
SUBJ: One Day Temporary Beer License,Chanhassen
?/zs./8) -.-
Lions CIub
Attached please find a request from the chanhassen Lions club fora. one day temporary on-sa1e beer license for September 30, L9g9.They will be selling beer at the Oktoberfes! Celebration onMarket Boulevard. They have al-so submitted a copy of their
lig9o. liability insurance which is effective through October 1,1989.
Re comme nda t i on
I recommend that tbeer License for tthe fee at $1.00.
he City Council approve thehe Lions Club for September
temporary on- sa 1e30, 1989 and set
CITY OF
*
_i7i7-i:{
APPLICATION EOR NON- I NTOXICATING LI OUOR LICENSE
ON" AND "OFF' SALE
EE
CITY OF CHANHASSEN
HENNEPIN AND CARIER COI'NTIES
STAIE OF MINNESOTA
, Th]t form was prepared for purposes of backgrounal investigatj.onfor either or both ,,on'. and noffi, s;Ie Non-intoxicating LiquorLicense applications. It does not superceale any laws, rules orrequlations of the Divj.sion of Liquor Control r;garding the issuanceof liquor licenses. FaiLure to piovide or falsiiication of infor-mation lequested may result in dinial of the application.
Lrrns C\uL +*}rsssen 1 I a
App 10n
T!ansfer
a roil )qtt
iceoEing Per od
fype of Application: _ Off-SaIe Non- Intoxicating
y' on sale Non-rntoxicating
frade llame
New Renewal
2 L\b "\r C L.L "\+\.+.tto,',-,.ame o App i. cant
3
a J DonalJ. B"JlY
1
P ne
Qob tl<\B1 C\.463e\
SEaEe -Home Addres s c l-ty
4
5
6
- ao -'1-lDate o B rtsh
c.n.'!i t, ist r, , in,t
Place of Bi.rth
L DI
-
.f
ress o Bus iness Ioca 10n
Lega.l D escrapt ion
1. List owners of buiLding or premise to be licensed:
Corporate oi p artnersh 1p Title
Corporate or Palt nership Address
List aIt pattnels, officers or directors, if corpolation:
Name Address Date of Birt.r
L.
10.
IE,.E
13.
LI. If this
Partners
1S
hi a transfer application, give name, address, o! persons
P or colporation holding license for the past year.
t-ln
12. who or^rns the tavern fixturesz PIA
what. vending or mechanicaL amugement device cotrpany has or wiIIhave machines on the licensed plemise?
N"*-
If not, 'whele resident:
---E6E_--E-
Dates of Residency
15.
a
gnat App
Have you ever been convicted of violating Eederal,- State orI6cal Iiquor laws and,/or regutations? _ ves _)l uo
If yes, explai.n fu.Lly on seperate sheet of pape!.
16. Applicant, and his assocj,ates in this application, wj,I1 strictlyconply !.rith all the Laws of the State of Minnesota governingthe taxatj.on and the sale of non-intoxicating malt Iiquoriand rules, regul,ations arld olalinances, pro.tulgated by the Cityof Chanhasseni and I hereby certify that I read the foregoingquestions and that the anstrets to said questj-ons ale tlue ofny o!,rn knol..ledge.
,:2// /:"?o'lez 7/!
subscli.bed and slrorn to before 14,t'.: /ss s> c-1, l4 >l '9's3l O
me rhis day of 7Sg- ySTZIe ?sv-)|t?
Notary PubLic
My comnission expi les
-
14. Ale you a litinnesota resident? -d "." -*o
C
- :l rr 1J.--,-a x--r.- :,-
I
{
II
,]
!
T
eit
r.li iiic,Aortiiss.!t !\c ft,i '
..J .. ir ,; l:R L r'i il. i, ti t: rJ il'i ;
7.1 00 . i:ilia,)r'/ lJiil: l'.:[r,1i l.i
[ill[.N f;'t(rl: .t ii.;. H.
l'i .Jllli llilljil"r I ;),
{ r', l. -'l ) \j,l ,l ,ll l' '' , r
n^M: ArrO :.!CR(5i _i i|rsuFtn
1".1lUii'!i ijil,-i.Jf r-)i::-i'l 1. llt,ll-i:i{.1 iA
t],/ (l r-l[1]:ii::aili a! l [. fi.!. :rit. ii ti li i:;,,7ii?ii ri r.Tll ;"r.. t. r.ir)i:ir!
fI,li:ii\ iJlii.r't.j r'i. , ii .L t.l t lU, :.i.i Ii.!
cor,r?ANY
LETTEF
GENERAL LIA6ILI'TY
l-J c,:,,;r!''i^:,, 1 .,1,i,.,
.t i,It ..COMPANIES AFTORDIIJG COVERAG ES
L[fiai lt 'T l';: rr i i\l l itl:r i'T.'\,r r.tl
LJ"r'l
L € I"I]B
LtrIen c
[:.4{,)i'l ui],'ii'll)l'l i.)ii tJi:i[: j
r'jlii oi.lr::' l:;, fi R'l' ilj:A l.: i.l i.:i:itI
el,15cll,\ nrr\.lir,
lniltr:v a,l.ti!t i (
Th;s iE lo aenily lnit poi cres ol rnsurgrca iJlEd r,iL.w h!/e Itin rrs!ed ia lt: rnsured rE.neo gDOv€ ,nd arr r:1 tOrC(.1 (hi! nn-,e, lrOlrltn sleniir^€ rn, reou[er€a!, le4n 0r.and.ol ,ny conuacl cr 0lh?/ aaa um6ni w1h raspltl .'r ?/l 'al, liit carlil'cala rn€r oi Dsu€o or may pt*ain. t,le ,^iu/ariai Dl{ord€d b-v lll9 9rl,:r€, oitar bc, naaoin rr tvc)ect to ail thele/mJ. crclirs;.ns eia ir.d,l.lns ct surh Frlra,<,
cai_ illFr,(c!,GGRE6TIf
Pr:r.r,! a:, -at Ii]T,oh!PnOr:Hr\ 0iir^aEfl ErpL'-_rroN ,rxc colrqps:
D r*orr,aaorr,o r.a^nr,
- r',ica .t r r.,c!Mr'-!t i!
= .;rFD^r OaS rr r'.,iair
LJ CoNTn^ii urr ,r.5r rRif:aj
rl 6RC;O ;0H P':Errr1r
= ()AMrc!
I I ,,.o."rno,rt aarxiiA.Tar!
E "rnsouo.
,*.,rn,
AUTOMOBIL€ riABlLlli'
aa)r.itr'rEc
)
!
t
tr
;oMF6ti(ENsr! r0n
0w{i9
r0fiE0.
.roN-Dwlrat
EXCESS LIABILITY
D
UtiCSrPrrON OF OFaF,r'itCr!5/LOCAITOnS//ftltCLi.l
+1;i:j00/00/! :i j. E:Acl-l f i, ir..,ii lij fJ i! | il;l.tj()i)_000 Ii,l
{.lt.ii1tir:I'l In {,] lil: .r :tii:; l) o ) (.) t) i) t.{,l ti g il l' i"iti. iiNlii
r:i(iiii:iiIli.i1H, ,
UMSR€iL^
'ONolF(n a ri N lrM i? FtL(,1
'1.
rlt.r
5ii() i 00ri frtJ l,:;rti.;i.l
srITUl0FY
BlE
,
l, l :L(J/t't'i./87|..\_.;l:t it .:t tl
!i tr::1... L)r,J
WORKERS' COMPENSATION
-: and
EMPLOYERS'LIABILITY
OTHER
t.:[ il1ii.)ri:
t..lifrIj-lI- l:]'Y
D
E
It TTai
LTIlE'I
ir bitll.TYFici tNSUn,.'ACI iOLICY
Exrr,tAllON Oirc
:[^Cn pLHgCn,
0OOrlY lNrr.ri?(aACh A:cli[rt])
CancellJtion Sho':iJ e,ny Oi tnE abt\t di5ci EnC !;:tic,e5 bi aJ:,ae.le,l Deio/e the FrrCrrtiion dzl; i.,e.eOr tr.e ,95Lr ..g COr -
CAn! virl. endea!C, 1g n',;,,i 'l '/ Ja)r !vir:l!n r'iOtriE tO t'te Delc)\,.,rt,r'.,e( Ce/tr.,.ale nrioir. but ra,r,tJre tc
rx:iil ruch rroticc !i,al irrr,)r5e no ot)iigatior, ()r liJbitrty oi any ktnd upor, t^e co.jlpi(ry
,rlzt.'...i, !i)rIl€55 O[ (:a'l I LCAI! Nl.!(,(,
Lions Club of Chanhas senn^ n^-- .4,,r I D,-J:'- ta tr +
Chanird.ssen | !'ili 553f 7
'f^i.-!sn5r4rY\ar
,n,r,.ru,o _TIEEIXffif, _9..8-1-
.i!lHcirli5
23/ae
I
I
I
I
I
I
I
I
I t
,
jr
I
t:
I
t
I I
I
tI
I
i
8,) !l.Y tlr.rUa/ AN!
coun:ttt0
!
I
Fl
I
I
I
i
I
I
/tCITY OF
EHINHISSEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937- 1900
MEMOR ANDUM
TO: Don Ashworth, City Manager
FROM: Todd cerhardt.,Assistant
1989DATE: September 21,
SUBJ: Medical Arts Agreement.
Attached for the City Council's consideration for approval is thePublic Improvement Agreement between the City of Chanhassen andthe Chanhassen Medical Arts Limited Partnership. Ron Batty, from
Hofmes and Graven Law Firm, summarized the major provision of theagreement. l4r. Batty will be present at Monday nightrs meetingto discuss any questions the Council may have regarding this
agreement.
Staff is recommending the City Council approve the Public
Improvement. Agreement betvreen Ehe City of Chanhassen and
Chanhassen Medical Arts Limited Partnership as presented.
ATT ACHME NT
1. Public Improvement Agreement dat.ed September 21, I989.
City Manase ,aG lt-
TO:
FROM:
DATE:
RE:
MEMORANDUM
Mayor and Members of the City Council
Ron Betty
September 21, 1989
Medical Arts Agreement
At its meeting on September 25, the city council will be asked to eonsider
authorizing execution of an agreement between the City and Chanhassen Medical
Arts Limited Partnership, developer of Phase I of the Medical Arts project on West
78th Street. The following is a summary of the major provisions of the agreement.
The developer will build a two-story, 21,000 + square foot building designedto contain a medical clinie and professional offices. The building will be
com pleted in 199 0.
1
2
3
The City will construct a public parking lot to the north of the medical arts
building for the non-exclusive use of the tenants of the building. Consistentwith the contract for the parking lot awarded by the city eouncil on
September 11, 1989, a portion of the Iot and other improvements will be
eonstructed this fall and the remainder wili be finished by June l, 1990.
Most of the cost of the improvements will be specially assessed against the
development.
The City will clear the Chanhassen Lawn and Sports site and provide paved
aceess over that property to the parking lot by August 1, 1990.
4. The City retains the right to convey the parking lot to the developer in the
future if the City so decides.
The City-Developer agreement to be considered by the city couneil is a
companion eontraet to one between the HRA and the Developer which details the
HRArs relationship with the projeet.
The agreement is the result of long negotiations between the parties, It is
anticipated that if the eity councit authorizes execution of the agreement, elosing
on the land sales will occur within a few days and commencement of eonstruction
of the medical arts building soon thereafter, Construetion of the parking lot is
scheduled to begin on September 25.
cH130-014 sEP 21 1989
CITY- OF CHANHASSEN
September 21, 1989
PUBLIC IMPROVEMENT AG REEMENT
By and Between
THE CITY OF CHANHASSEN
and
CHANHASSEN MEDICAL ARTS LIMITED PABTNERSHIP
This Document Drafted by:
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 5 5402
(612) 337-3900
PUBLIC IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of this _ day of
-.-,
1989, by and between the City of Chanhassen, a municipal
eorporation under the laws of Minnesota (City) having its prineipal office at 6g0
Coulter Drive, Chanhassen, Minnesota and the Chanhassen Medieal Arts Limited
Partnership, a Minnesota limited partnership (Developer), having its principal
office at 7101 York Avenue South, Edina, Minnesota.
WITNESSETH:
WHEREAS, the City has authorized eonstruction of a parking lot and other
public improvements for the non-exclusive benefit of the Developer; and
WHEREAS, the Developer has proposed a development as hereinafter
defined within the Project Area which the City has determined will promote and
carry out the objeetives for which development in the Project Area has been
undertaken, will assist in earrying out the objectives of the Redevelopment Plan,
will be in the vital best interests of the City, and is in aecord with the public
purposes and provisions of the applieable state and local laws and requirements
under which development in the Project Area has been undertaken and is being
assisted.
NOW, THEREFORE, in consideration of the mutual covenants and
obligations contained herein, the parties do hereby represent, covenant and agree
as follows:
ARTICLE I
Definitions
Section 1.1 Definitions. In this A greement, the following shall be the
meanings given unless a different meaning clearly appears from the context:
rrAgteementrr means this Publie Improvement Agreement, as the same may
be from time to time modified, amended, or supplemented.
rrChadda Znd Additionr! means the land within the plat of Chadda 2nd
Addition, Carver County, Minnesota.
rrCityrr means the City of Chanhassen, Minnesota.
rrContract for Private Development'r means the agreement between the HRA
and the Developer relating to the eonstruction of the Improvements.
rrCountyrr means Carver County, Minnesota.
rrDeveloper" means Chanhassen Medical Arts Limited Partnership, a
Minnesota limited partnership consisting of Thies & Talle Enterprises, Inc., a
Minnesota eorporation, Robert R. Copeland and Raymond O. Mithun, Jr., as general
partners.
rrHBArrmeans the Housing and Redevelopment Authority in and for the City
of Chanhassen.
ril mprove mentsrr means the Phase I lmprovements and, if constructed, the
Phase II Improvements.
I'Phase I Improvementsrt means those improvements detailed on the Projeet
Plans referenced in Exhibit A1 attached hereto.
rrPhase I Improvementsrr means those improvements detailed on the project
Plans referenced in Exhibit A2 attaehed hereto.
rProjeetrr means the Chanhassen Downtown Redevelopment project.
irProject Area" means the property located within the boundaries of the
Proj ect.
rrProject Plansrr means the plans, specifications, drawings and related
documents on the construetion work to be performed by the Developer to construct
the Phase I Improvements which (a) shall be as detailed as the plans, specifications,
drawings and related documents which are submitted to the building official of theCity, and (b) shall inelude at least the following for the building: (1) site plan; (2)
foundation plan; (3) floor plan for each floor; (4) cross sections of each (length and
width); and (5) elevations (all sides). "Projeet Plans" shall also inelude suchpreliminary plans, drawings and sketehes as are available regarding the phase II
Improvements.
rrProperty'r means the real property which is comprised of the phase I
Property and the Phase II Property and which is legally described in Exhibits B1 and
82, respectively. Unless the eontext clearly indieates the eontrary, any reference
to the Property shall mean both the Phase I and Phase II Property,
ItRedevelopment Plan'r means the Chanhassen Downtown Redevelopment
Project Plan, as amended as of the date of this Agreement.
trTax Increment" means that portion of the real property taxes which is paid
with respect to the Property and which is remitted to the HRA as tax increment
pursuant to the Tax Increment Finaneing Act.
rrUnavoidable Delaysrr means delays which are the direct result of strikes,other labor troubles, fire or other casualty to the Improvements; Iitigation
commenced by third parties which, by injunction or other similar judicial action,directly results in delays; acts of any federal, state or local govlrnmental unit
except. those contemplated by this Agreement; or any other cause beyond thecontrol of the Developer which direc y results in delays.
2
Section 1.2. Exhibits. The following Exhibits are attached to and by
reference made a par-IIf-tlis Agree ment.
Al Phase I ImprovementsL2 Phase II ImprovementsB1 Phase I Property DescriptionBZ Phase II Property DescriptionC Parking Lot PlanD Extent of 1989 Parking Lot ConstructionE Preliminary Plat of Medieal Arts AdditionF Declaration of Easements, Covenants and Restrictions
Section 2.1.
representat ions:
(a) The Developer is a Minnesota Iimited partnership, eonsisting of Thies& Talle Enterprises, Inc., a Minnesota eorporation, Robert R. Copeland and
Raymond O, Mithun, Jr., as general partners, has the legal authority and power to
enter into this Agreement, and has duly authorized the execution, delivery and
perfor manee of this Agreement;
(b) The Developer has the capability of obtaining the necessary equity
capital financing for construction of the Improvements; and
(c) In the event the Property is conveyed to the Developer, the
Developer will construct, operate and maintain the Improvements in accordance
with the terms of this AgTeement, the Contract for Private Development and all
Iocal, state and federal laws and regulations.
Seetion 2.3. By the City. The City represents and wamants that:
(a) The City is a municipal corporation duly organized and existing under
the laws of Minnesota and has the power and authority to carry out its obligations
hereunderl
(b) The City wiil cooperate with the Developer in the issuance of any
required permit or license; provided, however, that the City retains its right to
require full and strict compliance with all applicable codes and regulations; and
(c) The City has taken all steps necessary to authorize execution of this
Agreement.
ARTICLE tr
Representations and I,Yarranties
Bv the Develooer. The Developer makes the fo[owing
3
Plattins of the P roDertY
Section 3.1. Platting of the Propertv; Reeonve vance of Re mainder. The
Ci ty has prepared a plan for the construction of a publie parking lot and the
installation of landscaping, drainage and other improvements on the Property and
adjoining parcels (Parking Lot Plan). The Parking Lot plan indicates the Iocationof the public improvements as well as the location of the Improvements to be
constructed by the Developer. The City, in cooperation with the Developer, shall
eause the Property to be platted in aecordance with the preliminary approved plat
attached hereto as Exhibit E.
The plat shall call for the ereation of a parcel upon which the phase I
Improvements shall be eonstructed along with an adjaeent sidewalk and the first
row of parking (Lot 1), a parcel containing the remainder of the Phase I Property(Outlot D) and an area for possible future expansion of the tmprovements (Ou oi
A).
Following platting of the Property and request by the City, the Developer
shall sell Outlot D to the City. The City shall pay the Devetoper gt.00 for Ou otD. The plat shall also call for the creation of a parcel upon which the phase II
Improvements shall be constructed along with an adjacent sidewalk and the first
row of parking (Lot 2) as well as a parcel containing the remainder of the phase II
Property (Outlot C). [f owned by the Developer, Out]ot C shaU be conveyed by the
Developer to the City at such time as the City has awarded a contract for the
construction of the parking lot and related publie improvements for phase II.
Section 3.2. Clearance of Chanhassen Lawn and Soorts Site. The City shall
acquire that portion of the Phase II property on which is curren y located
Chanhassen Lawn and Sports and demolish the existing structure thereon by
August 1, 1990. The City shall provide paved vehicular access from W. ?8th Streetto the Phase I Property over the Chanhassen Lawn and Sports site by August 1,1990. If the Developer exercises its option to obtain the phase II property, theCity shall eonvey it subjeet to &n easement over the 50 easterly feet thereof for
the purpose of ingress and egress to the parking lot on Outlots C and D.
Section3.3, Registration Proceedin s, The Cit y has commeneed and shall
complete a registration of the Phase I Property, Phase ll Property and Ou ot B as
shown on Exhibit E and shall place in escrow any reasonable sum required by thetitle insurance company to assure eompletion of the registration proceeding.
ARTICLE IV
Construction of Improvements
Section 4.1. Construction of Improvements. The
Phase I Property it shall
Developer agrees that
construct the Phase Iafter acquisition of the
Improvements thereon, which shall consist of approximately 211200 square feet of
medic_al elinic, and occupational health and offiee space. If thi Developer
exercises its option and acquires the Phase II property, it shall construet the phise
4
ARTICLE III
II Improvements indicated on the Projeet Plans on the Phase tl Property. No
building permit shall be issued for the Improvements unless the ptans therefore are
in general conformity with the Projeet Plans, this Agreement, the Contract for
Private Development and all local, state and federal regulations.
Section 4.2. Schedule of Construction. Sub ject to Unavoidable Delays,
construction of the Improvements oo the Phase I Property shall begin no later than
January 1, 1990, and be completed prior to December 31, 1990. If the Developer
exercises its option regarding development of Phase Il and subject to Unavoidable
Delays, the Developer shall begin construction of the Phase u Improvements on or
before April 1,1992, and shall complete construetion of the Phase Il Improvements
on or before April 1, 1993,
Section 4.3. Approval of Construction Plans. The Develo per shall subm it
plans f or the construction of the Improvements to the City for review and
approval. The City sha1l, within 30 days of receipt of building plans, review such
plans to determine whether they are consistent with the plans and specifications
previously submitted for the Improvements. If the City determines sueh plans to
be deficient, it shall notify the Developer in writing stating the deficiencies and
the steps necessary for correction. Issuance of the building permit by the City
shall be a eonclusive determination that the building plans have been approved and
shall satisfy the provisions of this Section 4.3, The Developer may not materially
alter or modify the approved building plans or Project Plans without the written
consent of the City, which consent shall not be unreasonably withheld.
ARTICLE V
Construction of Parking Lot
Section 5.1. Construction of the Parking Lot. The Cit y shall construct a
surf ace parking lot and install water, sanitary sewer, sidewalk, storm sewer,
Iighting and landscaping improvements on the Phase I Property and Chadda znd
Addition and construct vehicular access from west 78th Street over Outlot C in
accordance with Exhibit D. The Developer shall pay the City's contractor $10,800
for the 15 parking spaces constructed on Lot 1.
The City shall eonstruct a total of 168 parking spaces on Outlots C and D,
Lots 1 and 2 and Outlot A, Chadda 2nd Addition. For purposes of meeting parking
requirements under the City's zoning ordinance, 12 of the spaees on Outlot C shatl
be allocated to the Rivieria Restaurant, 116 shall be allocated to the Phase I
lmprovements and 40 shall be allocated to the Phase II lmprovements, All of the
spaces shall be available for use by the general public and use of the parking by the
Developer's tenants or their invitees or licensees shall be non-exclusive.
The City agrees that no use shall be made of the parking lot area whieh
would preclude its use for parking for the lmprovements. The City also agrees notto allow development occurring on other parcels to satisfy their parking
requirements on the parking lot, except that the Rivieria Restaurant will be
permitted to utilize 12 of the parking spaces on Outlot C to meet its parking needs.
5
The City shall also provide bituminous paved vehieular access to the Outlot
D parking lot from West 78th Street over City property located north and west of
the Phase I Improvements. The City shall construct a bituminous paved vehicular
access from Great Plains Boulevard to the Outlot D parking lot over the property
to the north and east of the Phase I Improvements. The access drives shall be in
the approximate locations shown on Exhibit C and the City shall eonvey to the
Developer an easement over the drives for the purpose of aecess to the parking
areas.
The City shall begin construction of the parking on Ou ot D and Outlot A,
Chadda 2nd Addition and access to drives to West ?8th Street and Great plains
Boulevard by September 25, 1989. The Developer shall grant to the City an
easement for construction of the parking lot and other improvements if, at the
time the City is ready to initiate such construction, Outlot D is still owned by the
Developer, By November 27, 1989, the City shall provide a gravel surface for at
least 67 parking spaces with lighting, public utilities for the Phase I Improvements
and access drives to the parking lot. Fifty-two of these spaces shall be located on
Outlot D and 15 on Lot I in the general location shown on Exhibit D. By June l,
1990, the City shall complete the bituminous paving for at Ieast 103 parking spaees
and the access drives to the parking Iot and shall finish all work rejating to the
construetion of sidewalks, lighting, water, sanitary sewer, storm sewer, eurb andgutter and landscaping. Eighty-eight of these spaces shall be located on Outlot D
and 15 on Lot 1.
At any time on or before December 31, 1990, the Developer shalt have the
option to acquire from the City the right to use up to an additional 18 parking
spaees to satisfy the zoning ordinance parking requirements for the phase IImprovements. lf the Developer exercises its option, it shall pay the City a sum
equal to 91.75 per square foot for the land occupied by the parking spaces and a
reasonable allocation of adjacent access lanes. The City shall thereafter improvethe parking spaces to a standard similar to the Phase I parking improvements andshall access the full cost of such parking improvements against the phase I
lmprovements. If the Developer eleets not to exereise its option regarding the
Phase ll Improvements, it shall be required to obtain from the City in ihe manner
deseribed above the zoning rights to the number of additional parking spacesneeded to bring the Phase I Improvements into compliance wittr zoning
requ ire m ents.
Seetion 5.2. Use and Maintenanee of ParkinE Lot. The parking lot
eonstructed by the City on Outlots D and C and Chadda 2nd Addition and the
access drives thereto shall be public parking which shall be made available for the
non-exelusive use of the Developer, its tenants, invitees and Iicensees in
accordance with the Covenants attached hereto as Exhibit F.
6
Section 5.3. Speeial Assessments. The City shall specially assess
benefitted properties for ?5 percent of the cost of construction of the paiking lot.
The cost for the parking lot shall include the cost of grading, blacktopping and theconstruction of curb and gutter. The city shall assess benefitted properties for one
hundred percent of the cost of water, sanitary sewer, storm sewer, sidewalk,
Iighting and landscaping improvements. ln addition, the City has specially assessedthe Property for a portion of the public improvements associated with West ?gthStreet. Such assessments have been and shall be imposed pursuant to Minnesota
Statutes, Chapter 42 9.
Section 5.4. Reconvevance of Parkin g I mDrove ments.The City shall have
the righ t at any time to convey to the Developer the land upon whieh the parking
and other public improvements are located, subject to the reservation of necessaryutility easements and subject to other conditions reasonably requested by the
Developer.
ARTICLB VI
Events of Default
Section 6.1. Events of Default Defined.The following shali be deemed
Events of Default under this AgTeement and the term shall mean, whenever it is
used in this Agreement, unless the eontext otherwise provides, any one or more of
the f ollowing events:
(a) Failure by the Developer to pay when due the payments required to
be paid or secured under any provision of this Agreementi
(b) Failure by the Developer to observe and substantially perform any
covenant, condition, obligation or agreement on its part to be observed orperformed hereunder, after written notice to the Developer as provided in this
Agreement;
(c) If the Developer shall admit in writing its inability to pay its debts
generally as they become due, or shall file a petition in bankruptcy, or shall make
an assignment for the benefit of its ereditors, or shall consent to the appointment
of a receiver of itself or of the whole or any substantial part of the propeity;
(d) If the Developer shall file a petition under the federal bankruptcy
laws;
(e) If the Developer, on a petition in bankruptcy filed against it, be
adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of
decree appointing, without the eonsent of the Developer, a receiver of the
Developer or of the whole or substantially all of its Property, or approve a petitionfiled against the Developer seeking reorganization or arrangement of the
Developer under the federal bankruptcy laws, and such adjudieation, order or
deeree shall not be vacated or set aside or stayed within 60 days from the date of
entry thereof;
(f) [f the Developer is in default under any Mortgage regarding the
Property and has not entered into a work-out agreement with the Mortgagee within
the period of time permitted by the Mortgagee; or
(g) If the City fails to complete the parking improvements under the
terms outlined in this Agreement.
Section 6.2. Remedies on Default. Whenever there is an Event of Default
the Developer, the City may, in addition to any other remedies or rights given
7
by
the City under this Agreement but only after the Deveioper's faiiure to cure within
30 days of written notice of default, take any one or more of the following aetions
with respect to any portion of the Property for which no Certificate of
Completion has been issued by the HRA:
(a) suspend its performance under this Agreement until it receives
assurances from the Developer, deemed reasonably adequate by the City, that the
Developer will cure its default and continue its performance under lhis Agreement;
(b) cancel or rescind this Agreement; or
If there is an Event of Default by the Devetoper under the Contract for
Private Development, the City may suspend its performance or cancel or rescind
this Agreement. [f there is an Event of Defautt by the HRA under the Contract for
Private Development, the Developer may suspend its performance or caneel or
rescind this Agree ment.
Seetion 5.3. No Remedv Exclusive. No remedy herein conferred upon or
reserved to the City is intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be eumulative and shalt be in
addition to every other remedy given under this Ag'reement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any
right or power accruing upon any default shall impair any such right or power or
shall be eonstrued to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient.
Section 6.4. No Additional Waiver Implied bv One Waiver. In the event any
agreement or covenant contained in this Agreement should be breached by eitherparty and thereafter waived by the other, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
8
(c) take whatever action at law or in equity may appear necessary or
desirable to the City to colleet any payments due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant of
the Developer under this Agreement; provided, however, that any exercise by the
City of its rights or remedies hereunder shall always be subject to and limited by,
and shall not defeat, render invalid or limit in any way (a) the lien of any Mortgage
authorized by the Contract for Private Development and (b) any rights or interests
provided in the Contract for Private Development Agreement for the protection of
the Holders of a Mortgage.
If there is an Event of Default by the City, the Developer may, after 30
days notice to the City, mitigate its damages by proceeding with construetion of
the parking improvements and shall be entitled to reimbursement from the City for
its costs.
ARTICLE YII
Additional Provisions
Section 7.1. Conflict of Interest ; Representatives Not [n dividuallv Liable.No member, official or employee of the City shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or
employee participate in any decision relating to this Agreement whieh affeets hisor her personal interests or the interests of any corporation, partnership, or
association in whieh he or she is, directly or indirectly, interested. No member,
official, or employee of the City shall be personally Iiable to the Developer, or any
successor in interest, in the event of any default or breach by the City or for any
amount which may beeome due to the Developer or suceessor or on any obligations
under the terms of the Agreement.
Section 7.2. Assignment of Rights to Phase II. It is acknowledged by the
parties that a new development partnership may be formed for the purpose of
undertaking the Phase II lmprovements. If a new partnership is formed for sueh
purpose, the City shall be notified and shall have the right to approve any general
partner who is not a partner for the Phase I lmprovements, which approval shall not
be unreasonably withheld.
Section 7.3. Provisions not Merged with Deed. None of the provisions of
this Agreement areffiged by reason of any deed
transferring any interest in the Property and any such deed shall not be deemed to
affect or impair the provisions of this Agreement.
Section 7.4. Notices and Demands. Except as otherwise expressly provided
in this Agreement, a notice, Oern-anA or other communication under this Agteement
by any party to another shall be sufficiently given or delivered if it is sent by mail,
postage prepaid, return receipt requested or delivered personally:
(a) As to the Citv:City Manager
690 Coulter Drive
Chanhassen, Minnesota 5531?
(b) As to the Developer:Chanhassen Medical Arts
Limited Partnership
e/o Thies & Talle Enterprises, [nc.
7101 York Avenue South
Edina, Minnesota 55435
or at such other address with respect to either party as that party may, from time
to time, designate in writing and forward to the other as provided in this Section
8. 5.
Section 7,5. Counterparts. This A greement may be si multaneously
executed in any number of counterparts, all of which shall constitute one and the
same instru ment.
o
IN WITNESS WHEREOF, the City has caused this Agreement to be duly
executed in its name and behalf and the Developer has caused this Agreement to be
duly executed as of the day and year first above written.
CITY OF CHANHASSEN, MINNI'SOTA
By
Its Mayor
By
Its City Manager
CHANHASSEN MEDICAL ARTS
LIMITED PARTNERSHIP
By
Its
By
Its
c H 13 0-014
10
EHXIBIT A1
The Phase I Improvements plans consist of sheets A-1 through A-8 and S-1
through S-5 prepared by Arvid Elness Architects, Inc., dated April 24, 1989, and on
file with the City.
ll
':: *iw !*t-li4r't '-
I
/
=-
@.dt^al\
L I l,,t v\)_.4
ci'ANnece.{Wi*ffi\Al
H)l-a$uirrf+.2 4,1it-. -
:r-l
:-
r_r'-r'-r
*.-r.. -r-l
W,RT/.-;iE
- aapul*t
!-r-r-il
t--x-r_*
t-t- r-F*---r-tr
*--I-.r-l
_-l
Ii'
I{
t
:I
it-
,l ilr-*--r
Anid Eh.!,,|^ii..r, lnc
!.!6 xoin au da!SuQ z0o
Il@r.ri. LtuEu 55.!l'
ffiTIIAMfi'
ffin-AN,'wet ftxrl
ir
iT ---,
-a-
_
F-- l---t-.--- r-
i *- ''-!aet
rfllI E
kd5cldA
A
EEtrTr]EIEl
tu:rE m,
ilE- !!
-t---
--- t-
I
5EI
I
EIEI
I
$@nEt
EXHIBIT A2
' -pro6 lP* flPftaft-
Fffi
I
=
ZET$T;E'
ffiffi:ilNlrl.;|tr
@@@wed
tltt trlII
tmnnrrrriE
\
Frtr
BHNBrt 81
The legal description of the Phese I Property is as follows:
PANCEL E
Cdlncnclng rt the Southcrjt cornrr ot thr Sou nrc3t Qurrtlr of Scc on l?,Tornshlp 116, Rangc 23; thcnce runnlng tJert on tfrc Sduifr lln! of 3!tdScctlon 12.-550 fc.t to r potnt thenc; Iorth Z rods to a potnt, uhtch lslnr_polnt of bcglnnlng o? th! Irnd to bc hrrc.ln dcscrlbrd: Tlrincc runntngLorth on thr l.st de3crtbcd ltnc r dlrtrncc of l7O fc.t to r potnt; itrcnii
!:!l!!9^. rtght rnglr.rnd runntng l{rst. dtttena. of 23.5 fiai ta i ili;i;tntncc tumlng r rlght rngle lnd ruentng South r dtstlncc of 70 frct to rpolnt; th.ncc. turnlng I rlght.ngl. rnd runnlng c.tt I d.l3t ncc of 7 fcc[
iiqi,illlii tl'l';"ilfi'H.;":'l!:"iffi': :13',[,lil[ :::,|,;.i[.il:t i;.uf!.t to thc Potnt of bcgtnn,tng.
tAlctL f
tLt gart ot tha Er3t thtf c? ttt touthrtrt qu.rt.r ot th. Souun Gtt qurrtlr ottrctton 12, frnrhlp u6 torth, Lng! 23 ycli ot ttrc Sut irinctprt lcitdrrn,d.3Crlbcd l3 fOl lor!:
Carrrlanclne lt tic Southratt Gornar at sttd Southct3t Qurrtar ot thatqltliurrt qrartrri thrnca I!!tarlrr rtong thc South ltn! of satd Southc!itq/rrtar,at tha Southr!3t Olart.r.-a dt3tinc. ot tlO.OO flrti th.nc!llorth.rltr, rt r rlght tlllt!. r dtrtanca of lrZ.OO t?!ti th.;c! ll3tlrlr at Irlght rngl., I dlrtrncr at 160.m tart to th. potnt of bcatnntm ot tha ltndto !a.t 3crlb.di thlnc. Urrt.rlr, rtong th. rrt.nttor ot aha trat d.lcrtDtcl!ac. t dlstenca of 60.10 taati tJtoncr-So{thrrly.t r rtght rngtr, aalrtrnc. 0f 132.00 tt.t to th. South nr ot r.id sostn.att (h.rtar .? thr!9!t!!!t QurtGr; thmc. tctt.rlrr rtc.rg 3rtd south ltn. r dtrtrncr oftl9.l0 t..tj th.mr Xorth.rtr. .t-i rrght rrle1.. . dtrtroc. of Zlg.OO frct,tLoc..artrrly, trrtll.l rtatt rltd roith lti.,. dtrt.nc. ot 2l!.a,a, ttltto tlr|lntart.ctloo rlth r tlna drlyn lorth.rly, Fr.ll.l rlth thr Eirt ttn.at rald South.rrt qrartrr ct tJlc SouthGrt quriici, fro Urr gotnt ot bcgtn_- lfngs th.nc. Scuthrrlr alone trtd gartlt.l ltn.. . dltt.nca oi gt.OZ frc[ to.t rr polot .t b.gtmtrg. q
Sajact to an aarilnt tor p{bl lc.rtght-ct-tt, prrpoi.3 or.r thr r3thtt.f lJ, 3l t..t tiar.of.!
,AICEL G
Cqrrnclng rt I l/4 pott on tha Southltrc of Slc on tZ, Ioyn lt6, llngt 23ith.ncr runnlng Lrt 20 rodr on t.td South n! to a pott; thlncc iortt-tro iZ)rods to l po!t, rfitch l3 thc rt.rttng potnt ot th? rtthln darcrtbcd ptrcr oilrrtd; thcnct runntng.ycst prrr !l rlth trtd Srct.ton ltnt Slr (6) rodt aad !lr-rrn tlrt to r pott, thlnc! torth !t right angtc, ylth rald lrrt;Gn onrd llncSlr (6) rods to ! potnt, thcnc? E.st pirallci rlth flrrt r.ntioncd ltic Str (6)rodr lnd rllyln (ll) le?t to I pott; thcncr South Slr (O) rod3 to pl!c. otbrglnnlng tttrxt. lo SE l/4 rf Sy l/t of Scctton lZ Torn-116 llngr'e3 andContalnlng Lla of tn Acrt rra of lr3s.,l
tylll^-!! tol lorlm-d.scrlbcd prop.rtr; .Ccnclng rt thr 3outh $r.rt.r 9o3tor Scctlon htya (12) Iovnihtp ll6, tanga Zli throar mnn,tnr ycrt on !tld Southllna tylnty (20 radr; ltrncc iorth.tyo (Zl td{i thanc! tasi thr!! rod! tnd
:]::.1 l:.! to.r.pornr brlns-th. ptrcr dr'ocgtnnrng_-rior iiincr ycrt prrullcl
:::^,::r!-:gotl. nc thrc. (3) rodt; thlncr rorth rt rrght .n9t.r tc lilrt lln.trx (b) rod!; th!^ca E.3t thrc! (3) rodr; thrncc South ilr 1C) roOr te gtrcc itbagtnntng--cont.! nlng l8/ l60 !cr!r.
0atcrlptton trc Carv.r Count, Ircordtrr qtttcai loot l7g. 2r9! ,7.
PARCET A
PATCEL X0. l:
Blglnnlng !t r polnt ln thr South Llnr of Sectton 12, Tornihlp l16,
trng? 23, 706.2 fact lrst of thc Southe.st cornrr of the Southyest
Qurrtrr of sald Srctlon; thcnc! frst !long sald Stctlon llna 150 frrt
thrnc! North at rlght lnglcs 283 fart nor! or lrs! to ! south llnr ot
SCHoIEn'S zt{D ADolll0N T0 CHANHASS€l{, !ccordlng to thr rccordcd plat
thlr?of; thrncc East at rlght angles along th! louth lln? of Lot5 6 lnd
7,8lock 3 ot sald SCHoL€R'S 2N0 ADoITIoN I0 CHANH sSEN 141 flet, nor!
or l!ss, to th! rcat ttnc of Lot 8 ln tald Block 3, SCBoIER'S 2l{0
AOOITION TO CHAXBASSEN; thrncc routherly along !!ld v!!t lln! of Lot 8
283 trat, oor! or l!3sr to thc polnt of b.qlnnlng.
(AESTRACT PROPERTY)
PARCEL TO. 2:
rhc Horth 85.00 fcet o
ToYnshlp 116, Range 23
Bcalnnlng at. Polnt I
of thr Southra3t corne
thrnc! Lrst.lon! thr
.ng I cs 283.00 fcrt mor
AOOITION TO CI{ANHASSEN
East at rlght .nglts t
3 of $ld SCHoLER'S 2[
rngl$ ?83.00 fect to
?tacEL iro. 3:
EEIIBIT 82
thc East 2.OO feet of that part of Scction 12'
Cary?r County, Xlnncsota. dcscrlbed as fol lows:
thr South l'lnc of sald Srctton 856.20 fcet ll.st
of tha Southvcst ouartcr of satd Sectl0n;
cctlon I lne 250.00 feeti thence North at rtght
or lcas to r south llne of SCHoLER'S 2tl0
accordlng to th! recgrded p'lat thlrcofi thence
ong thc south llnr of Lots 3,4, 5 and 5' Elock
ADDITIotl 250.00 fect; thcnce South rt rlght
h! polnt of beglnntn9.
(ABSTR.ACT PROPERTY )
t
n
r
s
e
I
Dt
Thc xorth 70.00 f4t of the South 273.00 tcct o, th. tJest 7.00 frct 0f
th! Er3t Xatt of thc Southeast quartcr of th! Southwest Quartrr of
SGctton l2r Torn3hlp ll5, Rangr 23. Carver County, xlnncsota.
(ASSTRACT PROPERTY )
The legal description of the Phase II Property is as follows:
PARCEL IIO. 1:
fhc touth 10.00 l.!t of thc rmErlt H.lt ot thr Southca3t Qu!
12, Tc.nshlp ll6 Xorthr Rrnga
dr3crlbld !! lotloY!:
.00 flet of thrt p.rt of th?
outhY?rt Qurrtcr of S?ctlon! 5th Prl nct pal llrrldian,
!7cs
th
3trt
?3
rtst?rlrr 0f th
Ir rt of
C(rmcnclng !t tha South!ait corrrr of 3rld Southcart Qlrrtar olth! Southr!3t ourrtrri thcnc! ylstrrlr, tlone thc South I in? ofrtld Southcrst Qulrtlr of thr Solthv!3t Qurrtar, ! dtstlnca of
170.00 l!!ti thcnc. Northrrly, rt a rtght rngt!r I dl3ttnc! ot
132.00 frlti thrncr yrstrrly at r rtght lnglGr ! dlrtancr oft60.00 fcrt to r polnt hrrcln lftcr rafcrrad to rs ?olnt.A.i
thanct ycrtlrly, rlong thr axtantion of thc last dr3crlb?d l,lnt, adltt.ncr of 50.50 tclti thrncr Southarl, rt I rlght angl!, adl!t!nr! of 132.00 l?a! to th! South I ln! of lttd Solthcast
Qurrtar of th. Southrcrt Qurrtrr; thcncr yrstrrty, tlong srtd
South llnr ! dlstanc. of 159.50 trlt; th.nc! xorth?rty, .t ! rrghtrngll, r distrnca of 218.00 fcrt, to th. potnt of bcatnfltng of thcl.nd to bc drscrlbldi thrnca cm nutng northcrlr, riong th!rrtcnrlon ol th! lrst d!3cribad llna, a dlttrnc! ot 55.00 frrtithcncr y.3t!rly, rt ! rtght rngta. . dlstrnc. of 13l.ft fcat toth. Yrst ltnr of rrtd Er3t Hllt.f th! Southrast Qurrtrr of th.
Southycrt quartrr; thrnc! Northrrly, tlong artd Ir3t llna, rdlltrnc! of 134.58 flct to thr Southycat cormr of Ht Gl{LAxD pAtX,
tccordlng to th? 'ccordld pl!t th!rloli thtnc! Errtrrly lndSoutherrtrrlJ,, !lrng thr Southrrly lln! of 3ald plrt, to thrlnt?r3!ctlon rith r llnr drlvn llorthcrlyr prrrll!l r,lth th! Etttllnr of 3r!d south.lst ouartlr ol thr Southrlst qulrtlr, tror th!
abovc rafarcnc!d Potnt .A.i thcnca Southarly along t!ld partll!lllnc, r dl!trnc! ot t07.39 flrt, to thc lnt!rtlction rtth r ltncdrtvn ae3t!rl, frq! thc polnt ot bcglnnlng tnd plrrll!l ylth !h!touth lln! ol sald Southarst Qurrtlr ol tha Southyc5t qutrtlr!
thcncr rrrtcrlJ,, rlong srtd prrrll.t ltne, t dtst.nc! ot 218.44f!.t to th. potnt ot b.glnnlng.
(IoRRTXS pRopErIy-CERr. t0. 5628)
PANCEL 8
That prrt ol th! East onc-|hl? ol th! Southatst quertlr of th! Southrcat
Quartrr ot Scctton 12, fornihtp 116 Xorth, tEnge 23 H.3t of thr 5thPilnclpEl ll.rldtrn d!scrlbad ts follff3:
Lot Elght (6), Elocl ThrG. (3), Schol.r,! Slcond Addt on otChrnhrtslr, rccordlng to tha Fip or pltt thrraot on fllc or ol rrcordln th! offtcc of th. t.gl3trar of Tltlr, ln lnd for Ctrvcr County,ll nn?3ot!.
Co rnclng lt tha routhrrst cornrr ol 3rtd Elst qrr-Hal? ot thc
Southrrst Quartcr ot th! Southyest 0u!rter; thrnc. on !n .ssurEdblarlng Xorth 88 dlgrlcr 06 olnutca 20 3lconds lt.3t, along tha 3outhllnr ot rald Erst onr-H.lt of thc Southcr3t quartcr of thr Southrcat
Quartcr, r dltttncr of 550.00 f!!t; thrnce t{orth I dlgrlc 53 ilnutcs /t0
rrcond3 Elst r dl3trncc of 203.00 f.rt. to thc potnt of blg,tnntng ofthc lr0d to bc dascrlb.di thrnc. Xorth I dcgrrr 53 nlnutri 40 sacondsErst r dlstlncc ot 15.00 tccti thrnce Xorth 88 dcArlct 06 rtnutr3 20
PARCEL lO. 5 |
rtth r llnc brlrlng llorth 88 dcgrc?s 05 rtnutrth. polnt of b.glnntng; thcncc South 88 d.gr!.
crlt llnc of th! Ycatst Qulrtlr 0t thc
lnut€r a9 3lconds Erstr
3scondt Lrst r dlstrncc ol l?l.72 fcct, to thc7.00 fcct ot 3rld Et3t onc-Half of th! SouthrrSouthylst Quartcri thcncc South 0 dcgrcca 54 arlong Jrld alst llnr, a dl3tlncG ot 15.00 taat , to thc I ntlrscctl oni 20 icconds Ycst froo
s 05 mtnutas 20 rGcofldsE.3t. dtst.ncc of 121.46 tc.t to th! po,lnt of bcgtnnlng.
EXH]BIT B2-2
t,
PANCEL C
Ihrt p.rt of th! Southrlst Qulrtrr ol th? Southyrst Qu.rt.r of Slctlon 12,
foyn3hlp 116, l.n9? 23, darcrlbed !r follors: Cnrn nctng rt r polnt on thr
South ltn. ot r!td Slctlon l?,673.5 fcct llit o? thc South qulrt.r cornlr of
Srctlon 12i thcncr lorth 1t3.0 f.!t to thc r€tlrl polnt of begtnnlng; thcncc
Erst p! llrl rlth thr south Iln! of Slctlon 12. 100.0 trrt; thrncr Xorth rtrlght rngl.s 70,0 t.!ti thcncr I!3t p.rrll.l rlth th! South lln. of S.ctlon 12,
100.0 tlcti thrncc South.t rlght !n9les, /11.0 flrt to thc potnt of bcglnnlng.
Cont!tnlng 0.15 rcr!, DrG or lcrr.
0.3crl9tton ?ro C.rv.r County l?cordar,s Ofttcc; Docmnt fo. 77179.
PARCEL tl
Thrt prrt of th. Southlrrt Qu.rtlr ot thc Southycat Ouartcr of Scctton IZ.
Toynshtp 116, R.ngr 23, dercrlbrd tr follorst
Cdr.ncl ng rt r pol
thr South Qurrtlr cof bcalnnlngi thrncLat; thencr lorth
I lnr of S.ctton 12.
nt on
0rncr
c Elsrt rl
t07 .
thc South llnc ot ratd Scc on 12. 673.5 fcet uest of0l Scctlon 12; thcnc. Iorth 33 tcct to tha actual po,tntt par.llcl rtth thr South ltn. of Scc on 12, lO7.0Oght Englrs 100 frlt; thcncr lest parallGl rlth thc South
00 fc.t; thcncr South to thr polnt of brgtnntng,
Dcscrlptlon frot Caryrr County Recordcr,s OfttcGi oocrrEnt Xo. glg19.
PARCEL X
That part of th? East H!1f of the Southea3t Quarter of th. Southvest
ouarter of S.ctton 12, Torn3hlp 115 xorth, Range 23 Hest of the 5th
Prtnctprl Xcrldlrn. C!rvcr County. Xlnnesotr, descrlbed as fol lovs:
Cdrrtcnc i n9 !t thc Southca!t cornar of r!ld Southcast Quartcr ol thr
Southycat Qu!rt.r, th?nce licsterly, rlong the South llnr of sa!d
Southr!3t Qurrtrr r dlrtanc! of 550.00 frrt to a potnt, sald p0lnt
brlng th! potnt ot bcalnnlng of tha tract of land to be drscrlbed;
thcncc Northcrly, rt ! r'lght rngle, a dl5tancr or 273.00 fccti thcnctL:strrly, rt I rlght anglc, r dl3tanca of l3l.ll faat, morc or 'lcss, t0
thr f.rt llnc of srld Erst H.lf ot sald Southlast Quartcr of the
Southv.st 0u.rt.r; th.ncc Southrrly .long thc Lcat lln. of sald EastH!lt of thc South.ast quartrr of the Southyest Quartrr to th! Southllna of rald Southycst Qurrtcr; thcncc East rlong srld South llna tdth. polnt ot beglflnlng.
EXCEPTIXG THEREFRO( thc fol lor,lng:
t..
EXHIBIT B2-3
T
t\
t
i
(J
H
FCH
x
!
I
:,
i{
:
I
'i-
.FT
;J_i-
1-
IT
i!i':
l-llj
lr
I
!i
ti
:l
;r t
I
rsj=L i:
_I-t
tri
t;*
[,]:t!
--_ril
li
C)
I'tir
l
l:j:
i
i
,Ji
il
il
rii;
,r
II
I
It
ii
+-:r
-t+
_rE
lr
lill
i
I i;
'.ii, .
- ..t-,
t.
li
.lt,
ll
ii
I
ri
t
I
l-.-
ltl,
i
,l ,l
,f
il.l
i;iii ,
ll.f
!i ,r'.ilr
I
I
I
l'
\EXHIBIT D
F T-
t
jB-..-------=-.-i:--:--.-;'--
cat
I
,-.:=s5=-
ir
LI
Lt
11
r:
.t -l;-
-i. i-
n-ifi#l##r rlt--------.
I
I
i
I
i
I
I
I
;:' -
-,L
lttrtt I
I II
I
I
I
BXHIBIT E
, The plat is the preliminary plat of Medical Arts Addition prepared by BRW
and most recently revised on September 6, 1989.
EXHIBIT F
2809q
DECLARATION OF EASEMENTS. COVENANTS
AND RESTRICTIONS
THIS DECLARATION is made as of , 1989, by
thE HOUSING AND REDEVELOPI\IIENT AUTHORITY IN AND FOR THE CITY OF
CHANHASSEN, MINNESOTA, a public body corporate and politic
('HRA" ) , antl the CITY OF CIIANHASSEN, MINNESOTA, a lrtinnesota
municipal corporation ('City") (HRA and City are sometimes
collectively referretl to herein as ,Declarants").
BACKGROUND:
A. HRA is the fee owner of certain land situated in
Carver County, Minnesota described on Exhibit A attached hereto
and made a part hereof (the 'HRA property"):
B. City is the fee owner of certain land anal
appurtenant easements situated in Carver County, Minnesota,
described on Exhibit B attached hereto anal made a part hereof
(the'City Property" ) .
C. City is in the process of acquiring fee title to
certain land situated in Carver County, litinnesota, described on
Exhibit C attached hereto and made a part hereof (the .Hanson
Property') .
D. The HRA Property, the City property and the Hanson
Property are sometimes collectively referred to herein as the
-Project Area.'
E. HRA, City and Chanhassen Medical Arts Limited
Partnership ("DeveIoper,,) have entered into a Contract for
Private Development of even date herewith (the ,.Contract..),
providing for, among other things, the acquisition by Developer
of that portion of the project Area described on Exhibit D
attached hereto and maale a part hereof (the .,phase I
Property"), tire construction by Developer of improvements
thereon (the "Phase I Improvements..), and the construction by
City of certain parking, driveway and related improvements (the
"Parking Improvements,,) on portions of the project Area
described on Exhibit E attached hereto and made a part hereof
(the "Parking anil Access Area'.).
F. Under the Contract, Developer has the option to
acquire an additional portion of the project Area described on
Exhibit F attached hereto and made a part hereof (the ,,phase II
Property" ) .
G. Declarants desire to subject the project Area
(including portions thereof which are not yet owned but are
hereafter acquired by either HRA or City) to the easements,
covenants and restrictions set forth in this Dectaration.
NOW, THEREFORE, on behalf of themselves and their
respective successors and assigns, Declarants hereby declare
that the Project Area is and shaIl be he1d, transferred, sold,
conveyed, used and occupied subject to and together with the
following easements, covenants and restrictions:
-2-
ea sement
the owner
Property,
des i gnated
establish
l. Easements. Declarants hereby declare, create and
the following easements (the "Easements.):
(a) Parkinq and Access Easement: A nonexclusive
over the Parking and Access Area for the benefit of
or owners, from time to time, of the phase I
the Phase II property and any other adj acent parcels
by Declarants from time to time as benefitteil
parcels (collectiveIy, the .Benefitted parcels") and their
tenants, licensees and invitees, for purposes of parking and
vehicular and pedestrian ingress, egress anal access to and from
west 78th street, Great prains Boulevard and the Benefitted
ParceIs.
(b) Utilitv and Drainaqe Easements: Nonexclusive
easements over the parking and Access Area for the benefit of
the owner or owners from time to time of the Benefitted
Parcels, for purposes of installing, constructing, operating
and maintaining sanitary and storm sewerr gdsr electrical,
water, telephone and other utilities and drainage systens
serving the Benefitted parcels, including the right to enter
upon and excavate the parking anal Access Area as necessary for
the purposes herein describeil . City shall have the right to
designate the locations of such easements, provided that such
designated locations are adequate and reasonably convenient for
the installation of aII utilities serving the Benefitted
Parcels and will not interfere with the improvements
-3-
constructed, or which may be constructeal, on the Benefitted
Parcels. The owner or owners of the Benefitted parcels shaII
have the right to assign all or any portion of the rights set
forth in this subparagraph (b) to public or private utility
companies providing utility services to the Benefitted parcels.
(c) Construction Easement: A nonexclusive easement
for the benefit of City, its agents, contractors and employees,
over any and all portions of the parking and Access Area noe, or
hereafter owned or acquired by HRA or Developer, and over the
Northerly 18 feet of the Phase I property and the Northerty 18
feet of the Phase II Property, for purposes of constructing,
installing and maintaining the parking Improvements pursuant to
the Contract and this Declaration, which easement wiII
terminate upon the later to occur of (i) the platting of the
Project Area anal the conveyance by Developer to City of any
portion of the Parking anal Access Area previously acquired by
Developer, or (ii) completion of the parking Improvements in
accordance with the Contract antl this Declaration, as eviilenced
by a Certificate of Completion to be erecuted and recorded by
City within 30 days after such completion. City witl inttemnify
antl hold harmless the owners of aIt properties burilened by the
easement describetl in this subparagraph (c), and their
respective tenants, employees, agents and mortgagees, from and
against aII loss, cost, liability, darnage, claims (including
mechanic's liens or claims therefor), judgments antl expense
-4-
(including court costs and reasonable attorneys, fees) paid,
suffereil or incurred as a result of the use or occupancy by
City, its agents, contractors or employees, of the easement
des c r ibetl in this subparagraph.
2. Covenants and Restrictions. The project Area
shaII be subject to the following covenants and restrictions:
(a) Maintenance. City (including, for purposes of
this subparagraph (a), any subsequent owner or owners of the
Parking and Access Area following completion of the parking
Improvements) shal1 perform and supply alI Maintenance with
respect to the parking anal Access Area. The owner or owners
from time of each of the Benefitted parcels shalI reimburse
city from time to time for their prorata shares of the actual
out-of-pocket costs paid for such Maintenance. The prorata
share to be paid by the owner or owners of each Benefitted
Parcer sharr be equal to the quotient obtainecr by dividing the
number of parking spaces required from time to time for the
improvements located on such Benefitteit parcel, if any, under
then-current City ordinances by the total number of parking
spaces then constructed within the parking and Access Area.
Reimbursement shall be made within 30 days after demand
therefor, accompanied by an itemized statement of costs paid
and copies of all invoices and receipts evidencing such costs.
'Maintenance' means all Labor anat materials which are
reasonably necessary from time to time to repair, replace,
-5-
liqht and maintain the parking fmprovements in compliance with
all applicable governmental regulations and in accordance with
general standards prevailing from time to time for similar
projects in the City of Chanhassen. including without
limitation ice and snow removal, cleaning, sweeping, striping,
patching, repaving, resurfacing and recurbing, marking of
traffic controls, removal of trash and debris, and maintenance
of drainage and illumination facilities, but shal1 not include
any of the costs of original construction or installation of
the Parking Improvements. Maintenance shall also include
obtaining and maintaining policies of public Iiability and
property damage insurance in amounts reasonably determined by
the owner or owners of the parking and Access Area, which
policies shatl name all owners, from time to time, of any part
or parcel of the project Area or any Benefitted parcel as
insureds or loss payees, as the case may be.
(b)t n A h . The
owner or owners from time to time of the parking and Access
Area may permit the use thereof for parking purposes by persons
other than the owners, tenants, Iicensees and invitees of the
Benefitted parcels, provided that no parking spaces Iocated
within the RestricEed parki.ng Area may be used to satisfy the
City's minimum parking requirements with respect to
improvements other than the phase I Improvements and the
Phase II Improvements, except that up to L2 parking spaces in
-6-
that portion of the parking and Access Area located to the
North and West of the phase II property may be used to satisfy
the parking requirements of the Riviera Restaurant located
irnmediately to the west of the project Area, for so long as
such restaurant remains in operation. No use of the parking
anil Access Area shal1 be made or permitted which would preclude
its use for parking for and access to and from the Benefitted
Parcels, or which would otherwise interfere r^rith any of the
Easements hereby created.
(c)
Restrictions. The owners of the project Area wi11, from time
to time at the request of an owner of any portion of the
ProjecL Area, enter into such written instruments and
agreements as may be necessary to reaffirm, reestablish, extend
and continue in fuIl force and effect the easements, covenants
and restrictions hereby created, notwithstanding any provision
of Minnesota law under which atl or any of such easements,
covenants and restrictions woutd or might otherwise terminate
or expi re,
3. Defaul Remedies:avment .If HRA, City or an
owner of any portion of the project Area defaults in any of its
obligations under any provision hereof, and such default
continues for ten (I0) days after written notice thereof given
by any other owner, any one or more of the other owners may
enforce such obligations, either at Iaw or in equity, by
-7-
injuncLion or specific performance or other availatrre rel.ief ,
.-trr=J€-v-se-Lf
o rm or pay a1I or any part of such obliqations and
charge the cost of performing o! the payment rnade, inc).uding
reasonable attorneys, fees, to the defaulting Darty or
parties, The indebtedness incurred hereunder on behalf of a
defaurting party or parties shalr bear interest from the later
of the date incurred or ten (10) days after notice of default
is given as herein provided at a rate per annum of two percent
(2?) in excess of the rate from time to time publicly announced
by First Bank National Association, Minneapolis, Minnesota, or
any successor national banking association, as its ,.Reference
Rate" (or if payment of such interest cannot be lawf uJ.1y
enEorced, then at the hi.ghest rate which can be enforced), and
the indebtedness, interest, and aIl reasonable costs of suit or
collection thereof, including reasonable attorneys, fees,
whether suit be brought or not, with interest on such costs of
suit or collection at the rate above set out, shall be payable
on demand of the creditor, and such indebtedness, interest and
costs of suit or collection shalI be recoverable by any remedy
then available to the creclitor at 1aw or in equity. Failure to
enforce any covenant hereunder shall not be deemed to be a
waiver of the right to do so thereafter.
Subj ect to
granted in
Durati on and Runn nq of Ease ments and Co venant s .
the provisions of
Paragraph I above
Paragraph 5 hereof, the Easements
wilI be perpetual from the date of
-8-
this Declaration, unless subsequently terminated, altered or
amended by the unanimous written agreer of all of the ther
owners, legaI and equitable, of .re prc, _:.t Area with the
consent of the hold--- u( arl r -ages, deeds of trust or
si-ilar. security instruments c _,cord with respect to such
properLy, No such amendment s, 1 require the signature or
consent of any other person or entity, including without
limitation, any tenant, subtenant or licensee of any portion of
the Project Area. It is the intention of the Declarants that
the rights and obrigations set forth in this Declaration be
construed and enforced as covenants running with the parking
and Access Area and the Benefitte. -s and cha; they be
binding upon and inure to the benefit of the owners from time
to time of such properties and their respective successors and
assigns. Notwithstanding any other provision of this
Declaration, no individual or entity sha11 have any obligation
or liability under this Declaration except to the extent such
obligation or liability arises or accrues during the period of
ownership by such individual or entity of legal or equitable
title to alt or any portion of the project Area or any
Benefitted parcel.
5. plattinq; Amendments. Declarants are in the
Process of platting the project Area as described in the
Contract. Upon filing and recording of the final plat of the
Medical Arts Addition to Chanhassen, Minnesota, Declarants (or
-9-
City, if HRA no longer owns any portion of the project Area)
and the then owner or owners of the phase I property shall, and
sha11 have the right to, execute and record an amendment of
this Declaration amending the descriptions set forth on
Exhibits D, E anil F attached hereto to refLect the platted
descriptions of the phase I property, the phase II property and
the Parking and Access Area.
ed 1Ca 10n.Nothing contained in this
Declaration is intended to be construed as creating any right
in and for the benefit of the general public, it being the
intention of the Declarants that the easements, covenants and
restrictions hereby created be for the benefit of the owners of
the Project Area and the Benefitted parcels and their
respective successors and assigns.
7. Severabilitw. The invalidity of any covenant,
restriction, condition, limitation, provision, paragraph, or
clause of this Declaration, or any part of the same, or the
application thereof to any person or circumstance, shalI not
impair or affect in any manner the validity, enforceability, or
effect of the rest of this Declaration, or the application of
any such covenant, restriction, condition, limitation,
provision, paragraph or clause to any other person or
circumstance.
8. Interpretation. Whenever appropriate, the
singular number may be read as the plural, and the plura1 may
6, No
-10-
be read as the singular, Any gender used may be read as the
feminine, neuter or masculine gender, srhichever is
appropriate. Compound words beginning with the prefix
shal1 be read as referring to this entire Declaration and not
merely to the part of it in which they appear.
9. Governino Laer. This Declaration shalI be governed
by and construed in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF, Declarants have caused this
Declaration to be duly executed as of the day and year first
above written,
THE HOUSlNG AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF CHANHASSEN, MINNESOTA
B Its Chai rperson
B Its Executive Director
CITY OF CHANHASSEN, MINNESOTA
B Its Mayo r
By Its City Administrator
-Il-
STATE OF MINNESOTA
COUNTY OF
this _ day of
and
STATE OF MINNESOTA
COUNTY OE
, 1989, by, the Chairperso n and Executive Directority in and for the Citypolitic and corporate,a, on behalf of the HRA.
The foregoing instrument was a cknowledgeal before me
)
)
)
of the Housing and Redevelopment Authorof Chanhassen, Minnesota, a public bodyunder the Iaws of the State of Minnesot
)
)
)
The foregoing instrument was acthis _ day of , 1989, by
Chanhassen, Minnof the State of
knowledged before me
and, the Mayor anil City Manager of the City ofesota, a municipal corporation under the lawsMinnesota, on behalf of the City.
THIS INSTRWENT DRAFTED BY:
Dorsey & Whitney ( JSC)
2200 Fi rst Bank PIace EastMinneapolis, Minnesota 55402
- L2-
EXHIBIT A
HRA Pr oDe rtv
EXHIBIT B
Citv Prooertv
EXHIBIT C
Hanson Propertv
That part of the Southeast Quarter of the South,,rest Quarter of Section 12,Tovnship Il6, Range 23, described as follores:Lonr,encrng at a poinr on the south rine of said s€ction r2, 673.5 feet l,resr oIthe South Quarter corner of Sectioo fZ; ii""l"-ll"rch 33 feet to the actual poinrof beginning; thence East parallel ,ith the South Iine of Section 12, lO7.O0feet; thence North at right-angles l0o feei; ii"n.. w""t parallel eith rhe sour.hline of secrion 12, fo7.oo fe"i; th"n.e a;;ih-;; the poinr of beginning.
EXHIBIT D
Property
following described property l-ying Southr,riLh and 137.0 feet North of the southTownship 11.6, Range 23 l,iest of the 5th
Phase I
That portton of Lheof a I ine parallel
.[ ine of Sect:-on ].2,Principal Meridian:
Coomencing at the Southeast corner of the Southeest quarter of Section 12,Tonnship lI6, Range 23; thence running uest on the south Iine of said sectioot2, 550 feet to a poinL thence North 2 rods to a point, nhich is the point ofbeginning of the land to be herein described: Thence running North on the lastdescribed line a distance of r70 feet to a point; thence turning a right angreand running uest a distance of 23.5 feet !o a point; thence turiing a rightangle and running south a distance of 70 feet to pointi thence tuining a rightangle and running east a distance of 7 feeE to 8 point; thence turning-a rightsngl.e and running Sourh a distance of 1OO feet ro a point; thence tur;ing a;ightangle and running East 16.5 feer to the point of beginning.
Parcel 1
Parcel, 2
That part of the East HaIf of the Southeast Quarter of the Southeest Quarter of
Section I2, Tovnship ll6 North, Range 23 t.test of the 5th Principal Heridian,
descr ibed as fol l ows :
Coooencing at the Southeast corner of said Southeast Quarter oI the Southeest
Quarter; thence tlesterly, along the South line of said Southeast Quarter of the
SouthrJest Quart€r, a distance of 170.00 feet; thence Northerly, at a right
angle, a distance of 132.00 feet; thence Westerly at a right angIe, a distance
of I60.00 feet to the poinE of beginning of the Iand Eo be described; thence
llesterly, along the extension of the Iast described line, a distance of 60.50
feet; thence Southerly at a right angle, a distance of I32.00 feet to the south
line of said Southeast Quarter of the Southeest Quarter; theoce Westerly' along
said South.Iine a disLance of 159.50 fe€t; thence Northerly, at a right angIe,
distance of 218.00 feet; thence easterly, at a right angle, a
distance of. 218.44 feet, to the intersection nith a line drasn Norlherly'
parallel tJith the East line of said southeast Quarter of the Southsest Quarter,
froo the point of beginning; thence Southerly along said parallel Iine, a
distance of 86.02 feet to the point of beginning.
a
ParceL 3
Courencing at a l posL on the South }ine of Section 12, Tolrnship 116' Range 23;
thence running !.les t 2O rods on said South line to a posti thence North tso (2)
rods to a post, giich is thc startinS point of the sithin described piece of
Iand; thence running llest parallel uith 6aid Section line Six (6) rods and eleven
feet to a post; chence North at riSht anBles vith said Iast mentioned line Six
(6) rods to a point, thence East parallel sith first oen!ioned ]ine Six (6) rods
and eleven (ll) feer to a posti thence South Six (6) rods to PIace of beginning
situare in SEI of SWi of Section l2 Toun ll5 Range 23.
EXCEPT the folloving described property:
Coomencing at the south quarter post of Section TseLve (I2) Tounship ll6, Range
23; thence running Ues! on said South Iine teenty (20) rods; thence Norrh reo(2) rods; thence [.les t three rods and eleven feet to a point being the place ofbeginning--froo theDce IJest parallel sith said South Iine three (3) rods; !hence
NorLh at righr angles !o last Iine six (6) rods; thence Easr three (3) rods;
th€nce South six (6) rods to place of beginning.
Exhibit D, Page 2
EX}IIBlT E
Parking and Access Area
That portion of the following described property lying North ofparallel !rirh and 137.0 feet North of the Sourh Iine of SecrionTownship 116, Range 23 Wesr of the 5th principal Meridian:
Parce I 1
Trac t A
Trac t C
a Iine
12,
Beginni.ng at a point in the South Line of Secrion 12, Township 116,
Range 23, 706.2 feet I..iesr of the Southeasc corner of the Southwest Quarterof said Section; thence tlesr along said Section Iine 150 feer; thenceNorth at right angles 283 feet more or less Eo a south line of SCHOLER,S
2ND ADD1T10N T0 CHANHASSEN, according to the recorded plat thereof;
chence East at right angles along the south line of Lois 6 and 7, Block 3of said SCHOLER'S 2ND ADDITION TO CHANHASSEN 144 feet, more or less,to Ehe uest Iine of Lot 8 in said Block 3, SCHOLER'S 2ND ADDITION TO
CHANHASSEN; rhence sourherly along said west Iine of Lot g 2g3 feet,more or less, to the point of beginning.
TRACT B
Lot Eight (8), BIock Three (l), Scholer,s Second Addition of Chanhassen,according to the map or plat thereof on file or of record in the officeof the Registrar of Titles, in and for Carver County, Minnesota.
That part of the Easr HaIf of the southeast Quarter of the southeest Quarter ofSection 12, TolJnship ll6 North, Range 23 t{est of the 5rh pri.ncipal ueiiaian,Carver County, Hinnesota, described as follous:
Counencing at the Southeast corner of sai.d Southeast Quarter of the SoutheestQuarter, thenc€ L,esterIy, along the South line of said Southwesr q,ra.te, .distance of 550.00 feet ro a poinr, said point being the poLnt of-i"ginning ofthe tract of land to be described; thence Northerly, at a right angl!,.distance of 273.00 feeri thence r.esrerry, at a.ig'ti angI", I disc;n;; or trr.ttfeet, oore or less' ro the reest line of said East Half o[ said sourheast Quarterof the Southr.,est Quarter; thence Southerly sIong the l,rest line of said East Halfof the sourheast Quarter of the southuest Quarter to the south line of saidSouthuest Quarrer; thence East along said South line to the point of-i"gi.nning.
EXCEPTING THE R.E F ROH the fotloving:
l) The Sourh 3i feet rhereof.
2) That parr of the Southeast Quarter of the Southsest Quarter of Section lZ,Tovnship lI6, Range 23, described as follovs:
Coomencing at a poinr on the South line of said Section 12,673.5 feetof the South Quarrer corner of Secrion l2; thence North 33 feet to cheaciual point of beginning; theoce East parallel I{ith the South Iine ofSection 12, 107.00 feet; thence North at righr angles 100 feet; thenceparallel rrith the South Iine of Section 12, lO7.OO feet; thence Southpoint of beginning.
l.,ie s t
tJes t
to the
3) That part of the Southeast Quarter of the Southeest Quarter of Seclion 12,
Tor.rnship ll6, Range 23, described as folloes:
ComoencinB at a point on the South Iine of said Section 12, 673.5 feet t'Jes t
of the South Quarter corner of Section l2; thence North 133.0 feet to the
actual point of beginning; thence East parallel lrith the South line of
Seccion 12, t0O.O feet; theoce North at right angles 70.0 feet; thence l'lest
parallel eirh lhe South line of Section 12, 100.0 feetl thence South at
righc angles, 70.0 feet to the point of beginning.
4) That parr of the Easr Half of the Sourheast Quarter of the
of Section I2, Totrnship Il6 North, Range 23 tJest of the 5th
tleridian, Carver County, Minnesota, described as follo',,,s:
Sout hues ! Qua r ter
Principal
Commencing at the Southeast corner of seid SoutheasL Quarter of the
Southees! Quarter; thence tresterly, along the south line of said Southeast
Quarter of the Southeesr Quarter, a distance of 550.00 feet to the SouthHest
corner of the preEises described in Certificate of Title No' 9753 entered in
!he naoe of Henry A. Schutrop in the office of the Registrar of Titles for
said Carver County, l'!innesota; thence Northerly, at a right angle' a
distance of 203.00 feet to the Point of beginning of the Iand ro be descri-
bed; thence continuing Northerly along said Iast described line a distance
of 70.00 feet; thence tlesterly aE a right angle, a distance of 131'll feet
to the llest line of said East Half of the Southeast Quarter of the SouthL'esr
Quarter; thence Southerly 8long the l{est Iine of said East Half of the
Southeast Quarter of the South!,est Quarter a distance of 70'00 feet, oore or
Iess, to the point of intersection of a line extended t'lesterly from the
point of beginning of the land to be described, paraileL to said Northerly
iine of the preoiies herein described; thence Easterly, along said line
extended from the point of beginning of the Iand to be described, a distance
of 110.00 feet, roore or less, to the Point of beginning'
5) Corooencing aE the SoutheasE corner of the Southnest Quar
Totenship ll6, Range 23; thence running l'lest on the South
Section 12, 550 feet to a Point; thence North 2 rods to
the point of beginning of the land co be herein describe
Nor!h oo lhe last described line a distance of I70 feet
turning a right angle and running West a distance of 23.
thence turning a right angle and running South a distanc
te
I
r of Sec t ion 12,
ine of said
point, uhich is
Ehence running
a poinE; thence
feet to a point;
of 70 feet to a
a
d;
to
e
point; thence turning a right angle and running East a distance of 7 feet Eo
a point; thence lurning a right angle and running south a distance of I00
feet to a point; thence curning 8 righE angle and running East 16'5 feet to
the point of beginninS.
Tract D
That part of the Southeast Quarter of fhe Southuesr
Tor.'nship ll6, Range 23, described as follores:Quarter of Sect ioo 12,
coonencing at a point on the south Iine of said section 12; 673.5 feet llest ofthe south Quarter corner of section l2; rhence North t33.0 feet to the actualpoint of beginning; thence East parallel tlith the South line of section I2,100.0 feet; thence North ar riSht angles 70.o feet; thence tlest pararlel viihthe South line of Section 12, lOO.0 feer; theoce South at right angles, 70.0fcet co th? point of beginning.
Exhibit E. Page 2
Conrnencing at the Southeast corner of the Southljest Quarter of Section 12,
Tor,rnship ll6, Range 23; thence running t{est on the South line of said Section12, 550 feet to a point thence North 2 rods !o a point, vhich is the point ofbeginning of the land to be herein described: Thence running North oi the Iastdescribed line a distance of 170 feet to a point; thence turning a right angleand running tires t a distance of 23.5 feet to a poinc; thence turning a rightangle anc running sourh a distance of 7o feet to point; thence turning a rightangle anci running east a distance of 7 feet to a point; thence turning a rightangle and running South a distance of 1OO feet to a point; thence turning a right
angle and running East 16.5 feet to the point of beginning.
Tract E
TTaCT F
That part of Ehe East Half of the Southeast Quarter of the Sourhtjesr Quarter of
Section 12, Tounship ll6 North, Range 23 tlest of the 5Eh Principal Meridian,
descr ibed as fol lovs;
Comencing at the Southeast corner of said Southeast Quarter of the Southuest
Quarter; thence Westerly, along the South line of said Southeast Quarter of !he
Southlrest QuarEer, a distance of 170.00 feet; thence Northerly, sr a right
ang1e, a distance of I32.00 feet; thence Westerly at a right angle, a distance
of 160.00 feet to the point of beginning of the land to be described; thence
Westerly, along rhe extension of the Iast described Iine, a distance of 60.50
feet; thence Southerly at a right ang1e, a distance of 132.00 feet to the Sourh
Iine of said Southeast Quarter of the Southr{est Quarter; Ehence WesterIy, along
said South-Iine a distance of 159.50 feeE; thence Northerly, at a right angle, a
distance of 218.00 feeti thence easrerly, ar a right angle, adistance of 218.U feet, to the intersection sith a Iine drawn NorEherly,
parallel eith the East line of said Southeast Quarter of the Southuest Quarter,froo the point of beginning; thence Southerly along said paraIIeI Iine, a
distance of 85.02 feet to the point of beginning,
Parcel 2
Trac t A
The North 85.O0 feet of the East 2.00 feet of that part of Section 12,
Township 116, Range 23, Carver County, Mlnnesota, described as follows:
Beginning at a point in Lhe South Iine of said Section 856.2O feet West
of the Southeast corner of the Southwest Quarter of said Sectioni thence
l.lest along the Section line 250.00 feet; thence North at right angles
283.O0 feet more or Iess to a south Iine of SCHOLER'S 2ND ADDITION TO
CHANHASSEN, according to the recorded plat thereof; thence East at right
angles along the south line of Lots 3, 4, 5 and 6, Block 3 of said SCHoLER'S
2ND ADDITl0N 250.00 feet; thence South at right angles 283.0O feet to
the po inL of beginning.
Exhibi t E, Page 3
Trac t B
Trac t C
Parce 1 3
The south 1O,00 feet of the mosr westerly 7.OO feer of that parr ofthe East HaIf of the Southeast Quarter of the Southwest Quarter of
Section 12, Township 116 Norrh, Range 23 West of the 5rh principal Meridian,
described as f oI Iows:
Commencing at the Southeast corner of said Southeast Quarter of the
Southwest Quarter; thence Westerly, along the South line of said Southeast
Quarter of the Southwest Quarter, a distance of 170.00 feet; thenceNortherly, at a right angIe, a disrance of 132.0O feetl thence Wesrerly
at a right angle, a disLance of 160,OO feet to a point hereinafter referred
to as Point I'A'r; thence Westerly, along the extension of the last describedIine, a distance of 60.50 feet; Ehence Sourherly at a righr angle, a
distance of 132.00 feet to rhe South line of said Sourheast Quarterof the Southwest Quarter; thence hlesterly, along said South line a distanceof 159.50 feet; thence Northerly, at a right ang1e, a distance of 218.00feer, to the poinL of beginning of the land to be described; thencecontinuing northerly, along the extension of the Iast described line,a distance of 55.O0 feet; thence I,Jesterly, at a righr angIe, a distanceof 131,11 feet to rhe l,Jest Iine of said East Half of the Sourheast Quarrerof the Southwest Quarter; thence NortherLy, along said l.test Iine, adistance of 134.68 feer to the Sourhwest corner of HIGHLAND pARK, accordingto the recorded plat thereofi thence Easterly and Southeasterly, alongthe Southerly line of said pIat, ro the intersection with a line drawnNortherly, parallel uirh the East Line of said Sourheast Quarter of
Lhe southq,est Quarter, from the above referenced point "A,' j thence southerlyalong said parallel line, a distance of 107.39 feet, ro the intersecrionrrith a Iine drawn easterly from the point of beginning and parallelwith the south Iine of said Southeast Quarter of the Southwest Quarter;thence wesEerly, along said paralleI Iine, a distance of 21g.44 feetto the point of beginning.
That part of the Easr One-HaIf of the Southeast Quarrer
Quarter of Section 12, Tor.rnship 116 North, Range 23 tJesrPrincipal Meridian described as follows:
of the Southwest
of the 5th
Exhibit E, Page 4
The North 70.00 feer of rhe South 273.OO feer of the liest 7,OO feer
of the East HaIf of the Southeast Quarter of the SouthwesC Quarter of
Section 12, Township 116, Range 23, Carver County, Minnesota.
commencing at the southeast corner of said East one-HaIf of the southeast
Quarter of the Southwest Quarter; thence on an assumed bearing North88 degrees 06 minutes 20 seconds West, along the south Iine of saidEast 0ne-Ha1f of the southeast Quarter of the southwest Quarter, a distanceof 550.o0 feet; thence North 1 degree 53 minutes 4o seconds East a distanceof 203.00 feet, ro the poinr of beginning of the land to be described;thence North 1 degree 53 minutes 40 seconds East a distance of 15.0O
feet; thence North 88 degrees 06 rninutes 2O seconds west a distanceof 121 .12 feet, to rhe easr line of the west 7.OO feer of said EasrOne-Half of the Southeast Quarter of the Southwest Quarter; thence South0 degrees 54 minutes 49 seconds East, along said east Iine, a distanceof 15.O0 feeC, to the intersecCion with a Iine bearing Norrh gg degrees06 minutes 20 seconds l,test from the point of beginning; thence Souih88 degrees 06 minutes 2O seconds Easr a disrance of 121.46 feer to thepoint of beginning.
Parcel 4
The trrest 33.0
p roPe rt y :
feet of the Sourh 137.00 feet of the following described
Beginning at a point in the South Line of Section 12, Township 116,
Range 23, 106.2 feet !Jesr of rhe southeast corner of rhe southirest Quarterof said Sectioni thence West along said Section line 150 feet; thenceNorth at right angles 281 feer more or less Lo a sourh line of SCHOLER'S
2ND ADDlTI0N T0 CHANHASSEN, according to the recorded plat rhereofithence East ar right angles along rhe sourh line of Lots 6 and 7, Block 3of said SCHoLER'S 2ND ADDIT1ON TO CHANHASSEN 144 feer, more or Iess,to the west line of Lor I in said Block 3, SCHOLER,S 2ND ADDIT1ON TO
CHANHASSEN; thence southerly along said wesr Iine of Lor g 2g3 feet,
more or Iess, to the point of beginning.
ParceI 5
All rha t parr
plat thereof,according to the recorded
as fo I Iows:
Beginning at the southeast corner of said Lot J; thence on an assumedbearing of North, along the easrerly line of said Lot 3 for 157.96 feer;thence on a bearing test for 24.O0 feet; thence on a bearing of Southfor 157.96 feet to rhe southerly line of said Lor 3; rhence on a bearingof East, along said southerly line for 24.O0 feet to the polnr of beginning.
Parce I 6
3, BIock 1 , CIIADDA ADDIT1ON,
County, l.innesota, described
of Lot
Carver
Exhibit E, Page 5
Lots 1, 2 and 3, Block 1, and Outloc A, CHADDA 2ND ADDITION, accordingto the recorded plat thereof, Carver Councy, Minnesotai except the souLherly81.0 feet of said Lor 1.
EXHlBIT F
Pha se II Property
That portion of the following described property lying South of a line
parallel wirh and 137,O feet North of the South line of Section 12,
Tounship 116, Range 23 West of rhe 5th Principal Meridian, and lying
East of a line parallel uith and 33.O feet East of the most easrerly
line of CHADDA ADDITI0N, Carver Counry, Minnesota:
Beginning at a poinE in the South Line of Secrion 12, Township 116,
Range 23, '106.2 feel West of the Sourheasr corner of the Southwesr Quarterof said SecEioni thence West along said Section Iine 15O feet; thence
North at right angles 283 feet more or less to a sourh line of SCHOLER,S
2ND ADDITION T0 CHANHASSEN, according to the recorded plat rhereof;
thence Easc at righL angles along the sourh line of Lots 6 and 7, Block 3
of said SCHoLER'S 2ND ADDITION TO CHANHASSEN 144 feet, more or Iess,
to the rrest line of Lot 8 in said Block 3, SCHoLERtS 2ND ADDITION TO
CHANHASSEN; thence southerly along said west Iine of Lot 8 283 feet,
more or Iess, to the point of beginning,
Pa rce I 1
Parce I 2
Parce I 3
Lot Eight (8), BIock Three (l), Scholer,s Second Addirion of Chanhassen,
according to the map or plat thereof on file or of record in the officeof the Registrar of Titles, in and for Carver County, Minnesota.
That part of the East Half of the Southeast QuarterSection 12, Tounship ll6 North, Range 23 tJesr of theCarver Coun!y, Hinnesota, described as folloes:
of the Southeest Quarter of
5th Princ ipa I Meridian,
corooencing at the southeast corner of said southeast Quarter of the southeest
Quarter, thence lJesterly, along the South Iine of said Southr,rest Quarter adistance of 550.00 feer to a point, said point being the point of beginning ofthe tracc of Iand to be describedi theoce Northerly, at a right angIe, adiscance of 2'13.00 feer; rh€nce tjesrerly, at a righr angle, i aistance of l3I.llfeet, oore or less, to the eest line of said East HaIf of said Southeast Quarterof the Southuest Quarter; thence Southerly along the Uest Iine of said East HaIfof the Southeast Quarter of rhe southreest Quarter to the south line of saidsouth,,esc Quarter; thence East along said south Iine to che point of beginning.
EXCE PTI NG THEREFROM the folloving:
l) The South 33 feet rhereof.
2) That part of the Sourhcast eusrt€rTovnship ll6, Range 23, described
the Southeest Quarter of Section 12,
fol I orrs :
of
aa
Coornencing aE a point on lhc South line o[ said Section 12,673.5 feerof the South Quarter corner of Section l2; thence North 33 feer ro t.heaciual p.,inr of beginning; thence East parallel eith the South line ofSection I2, 107.00 feet; thence North at righc angl.es IOO feet; thenceparallel eith th€ South line of Section 12, 107.00 feet; rhence Southpoint of beginning.
wes t
Wes t
to the
3) That part of the Southeast quarter of the Southvest euarter of Seccion 12,Tounship ll6, Range 23, described as foll.ovs:
Comoencing at a point on the South Iine of said Section tZ, 6j3.5 feet t,estof the South Quarter corner of Section l2; thence North 133.0 fee! to theactual point of beginning; thence East parallel uith the South Ii.ne ofSeciion 12, 100.0 feer; rheoce Norrh at right angles 70.0 feet; rhence tJestparallel t.,ith the South line of Section 12, 100.0 feet; thence Sourh arriBhE angles, 70.0 feet to the point of beginning.
4) Thar part of the Easr Half of the Southeast Quarter of theof Section 12, Township ll6 Norrh, Range 23 l.lest of the 5rhHeridian, Carver Counry, Hinnesota, described as follor,rs:
Southues t Quarter
Principal
Cormencing at the Southeast corner of said Southeast Quarter of the
Southr.,est Quarter; thence t{esterIy, along the south line of said Soulheast
Quarter of the South,rest Quarter, a distance of 550.00 feet to the Southi"est
corner of the preoises described i.n Certificate of Title No. 9753 entered in
the naoe of Henry A. Schutrop in the office of the Registrar of Tit!es for
said Carver County, Xinnesota; thence Northerly, at 8 riSht sngle' a
distance of 2O3.OO feet to th€ Point of beginning of the land to be descri-
bed; thence continuing Northerly along said Iast described Line a distance
of 70.00 feet; thence tresterly at a right angle, a distance of l3l.ll feet
to the Ues! line of said East HaIf of the Southeast Quarter of the Southwest
Quarter; thence Southerly along the l,lest line of said East HaIf of the
SouLheast Quarter of the Southuest Quarter a distance of 70.00 feet, Eore or
Iess, to the point of intersection of a tine extended llesterly froo the
point of beginning of the land to be described, parallel !o said Northerly
line of the preEises herein described; thence Easterly, along said Iine
extended f rots the point of beginning of the land to be described, a distance
of 130.00 feet, Eore or leEs, to the Point of beginning.
5) Coooencing at the Southeast corner of the Southsest Quarter of Section I2'
Township ll6, Range 23; thence running !{est on the South line of said
Section 12, 550 feet to a point; thence North 2 rods to a point, r.'hich is
the point of beginning of the land co be herein described; thence running
North on the last described Iine a discance of 170 feet to a Point; thence
turning a right angle and running t{est a distance of. 23.5 feet to a Point;
thence turning a right angle and running South a distance of 70 feer to a
point; !hence turning a right angle and running East a distance of 7 feet to
a point; thence Eurning a right angle and running South a distance of 100
feet to a point; thence turning a right angle and running East l5'5 feet to
the point of beginning.
Exhibit F, Page 2
Parcel 4
That part of the Southeast Quarter of the Southr.rest Quarter of Section 12,
Tovnehip ll6, Range 23, described as follor.rs:
Conroencing at a point on the South line of said Section 12, 673.5 fee! l.lest of
the Soutb quarter corner of Section l2; thence North 33 feet to the actual poinE
of beginning; thence East parallel rJith the South Iine of Section 12, I07.00
feet; thence North at right angles 100 feet; thence West parallel uith the South
line of Section 12, 107.00 feet; thence SouLh co che point of beginning.
Pa rce 1 5
That part of the Southeasi QuarLer of the Southwest Quarter of Section 12,Township 116, Range 23, described as follows: Commencing ar a point
on the South line of said Secrion 12,673.5 feet Wesr of the South Quartercorner of Seccion 12; thence North 133,0 feet to the actual point ofbeginning; thence Easr parallel wirh rhe South Iine of Section 12, 1OO.Ofeet; thence North at rlght angles 7O.O feer; thence !Jest parallel withthe South Iine of Section 12, 1OO,O feet; thence South ar right angles,7O.0 feet to the poinr of beginning. Conraining O.l6 acre, more orIess.
Exhibit F, Page 3
/d-CITY OF
EHINHISSEN
690 COULTER DBIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Mayor and City Council
Don Ashworth, City llanager
September 25. 1989
Set Public Hearing Date, I990 Budget/Property Tax Levy
Actions which are required to be Eaken to insure compliance
incfude:
RecertificaEion of Imaqinary Budqet/Levy: As the Councilwill reca11, the proposed budget and levy needed to be
adopted by August lst and certified to the County Auditor.
Procedures to be followed by the auditor could not be
followed and, accordingly nothing \,ras done wiLh that infor-
mation. As required by Iaw, the City then re-certified
that amount on August 15th. The secondary set of proce-
dures required by the auditor similarly could not be
foIIowed. The City must now re-certify the re-
certification of mid-AugusL. Like the previous two cer-
tifications, this certificaEion means absolutely nothing.
Authorization to certify the recertification is requested.
Budqet-PqbJication: The City is to publish the proposed
budget pri.or to the official budget hearing. The Councif
cannot increase over the amount shown in the publicalion.
Council action is not required. The Council should be
aware that staff wilI carry out the publicatsion for an
amount known to be higher than what the Council is likely
Cities are stiII operating in the dark as to whether the 1990
certification process wiIl be governed by the 1988 laws or those
anticipated to be passed during the .Iast week of September. To
cover all bases, most cities are carrying out procedures outlinedin the vetoed Omnibus Tax Bill as welf as those outl-ined in the
1988 legislation. Typically, the League would advise cities to
sole1y foltow existing stalutes. Ironically, that advice cannot
be given as the 1988 1aws, procedurally, had major flaws which
for practical purposes made them non-existent. The Governorrs
veto of the 1989 corrected measures also made that lav non-
existent.
I,layor and
September
Page 2
City Counc i 1
25, 1989
to approve. A disclaimer wiII be added to the bottom ofthe notification advising citizens that this is solely astaff recommendation and that such has not been consideredby the City Counc i I .
Budget Hearing: It is recommended that th e City Counc i 1set October 9th as the official public hearing date for
adopting the I990 budget including certification. The pro-
posed guidelines would have the budget workshops occur in
October and November with adoption in December.Certification of the actual budget and actual levy is anti-cipated to occur at that time (December 1-15). If all elsefails, the City will have carried out the certification bythe october 10th deadline set in the 1988 statutes. It isimportant that this amount represents a "no tax increasenumber". If Ehe proposed legislation calling for the
Octobe r/Novembe r budgetary process does not occur, the Citywould then stiIl fol1ow the October/November guidelines,but the conclusion of that process would have to be onewhich established a levy equal to or less than that adopted
on October 9t h.
Authorization to sel Lhe official publicfor considering the Ievy associated with
f or October 9th is hereby recormended.
hearing datethe f990 budget
I oCITY OF
EH[![H[SSEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Ac.tion by Ch/ nlnrristrr.ot
.",'r-__4_-}!t-
MEMORANDUM
TO3 Don Ashworth, City
,:1t'
r, ri:--
"ie S,.
v -a0*f
ii(i.,J t) ii.riin,:r:lon
Man ager
Jo Ann Olsen, Senior PLanner {@FROM:
DATE:
SUBJ :
Onfor
1.
September 20, 1989
Reedrs Orchard Ridge Final Plat
June 12, L989, the City Council approved
Reed's Orchard Ridge with the following
Outlot B cannot be developed
and final plat approvali any
and receive an access permit
Highway 4I.
4-*{:8-1_
the preliminary plat
conditions:
until it receives prel iminarysite plan approvals if necessary
from MnDOT for access from
2 The developer shall dedicate the utilities hrithin the West64th StreeL right-of-way to the City for permanent ownership.
Detailed construction plans and specifications, includingcalculations for sizing the roadway and utility improvements,
sha11 be submitted for approval by the City Engineer. As-built mylar plans wiIl also be required upon completion ofthe construction.
3
4. The applicant shall cornply with all conditions of the
watershed District for reshaping of the pond.
5. The applicant sha1l, enter into a development contract withthe City and provide the City with the necessary financialsureties to guarantee the proper installation of these public
improvements.
6. The applicant sha11 provide screening beLween the southerlylots and the Gowan property.
'1 . Revised grading plans for the holding pond must be submittedfor City Engineer approval prior to final plat approval.
Conditions *2, #3, #4, *5 and #7 have been met by the applicant.Condition #6 requires the applicant to provide screening betweenthe southerly lots of Reedrs Orchard Ridge and the Gowan property.
Ivlr . Don As hwor th
September 20, I989
Page 2
Staff is recommending that prior to signing the final plat, theapplicant sha11 provide a Iandscaping plan which wilI become an
exhibit of the development contract providing screening betweenthe southerly lots and the Gowan property.
RECOMMENDAT I ON
Staff is
motion :
recommending the City Council adopt the following
"The City Council approves
Ridge as shown on the plat
following conditions:
Plat #88-17 for Reedrs Orchard
September l-5, 1989, $rith the
until it receives prel iminarysite plan approvals if necessary
from MnDOT for access from
Finaf
da ted
I Outfot B cannot be developed
and final plat approval; any
and receive an access permit
Highway 41.
2
3
4
The applicant shall provide screening bet$reen the southerlylots and the cowan property.
The applicant amend the existing development contract to con-form to the new plat.
The applicant sha1lplat. One copy at
the city two mylar copies of the
' scale and the other at 1" = 200r.
supply1" = 500
ATTACHMENTS
City Council minutes dated June l-2, I989.
Memo from Dave Hemple dated September 19, 1989.Final plat dated September 15, 1989.
I
2
3
cq
L]ty Counci.l l\Eeti ng - June 12, 1989
Counc i lr..Eman Dimler, Courri Iman lnlorknan seconded to
Permi t request for a contractor r s yard arrJ screenedStockdale to the Board of edjusEnenEs and Appeals.motion carried.
the Conditi.onal User storage for DaveAI] voted in favor and the
Counc i lman Boyt:
Minutes .
I rrould request that they receive a copy of Ehe relevant
E. PRELIMINARY PT,AT APPRO\AL REED ' S ORCTARD RIDGE, GARY REED.
Counci lman Boyt: When rae. discussed (e) ard 1ou might have seen it in yourMinutes, there vas a corrlition of deveiogneni
-
trrat r"ouro require an g foot rridetrail over. the existirg road. r don't "L ttui d..* in on'tire-sulaivision .apand I think it needs to be, r{e need to g:t a conaiti.on inio.ri "pp."".f "f ti,"preliminary plat tl't requires that thai S ioor- wiae patfrua, -ne il:i;&.Rsnqrber that Cary?
C,ary Reed: I rsnernber that but that eras part of HSZ develotrment.
Jo Ann Olsen: That,s already been provided.
Gary Reed: It,s on their map qitrj.ch has already been approved I think.
Councilman Bol.t: Doesn't it ccme out the erd of the culde_sac here? HaveI got that turned around?
Courrci lman Johnson: Where tie cul_de_sac startsthat property line.is 64th Street. It runs up
Counci lman Boyt: Ard thatrs all on their protrErty cary?
cary Reed: Bej.ng tha! ltE vacated the street, i! would probably go back,probably include it on both pr:operties.
councilman Johnson: r think r,,e should check to see if it q,as a condition of thevacation. rf it was a cordition of Ehe vacation, then that should be on bothproperties. part of the property you gain and the part of *,. piop".tf tn"ygain. If it e,as a corxlilj.on- of tire Hsi site iplroval, then they,re totallyresponsi.ble for it. But it uas a condition of ine or the other. vde vacated theprope"ty ard re approved i.t ard r don't rsnqnber whi.ch it was a corxlition or.
Courci Iman Boyt: That .,nas my only concern vJas I just qJanEed to be sure that hehad that trail on whichever lana pfat it needed to be on.
Gary Reed: I know j.t's stj.l-I on Roger,s.
Jo Ann Olsen: I checked erj.th tor:j. too. lG al):eady have it.
Councilman Boyt: Okay, very good. I would move approval of item I(e).
Councilman Johnson: Are you 9oi.n9 to put a mention of the trail, a corditionthat the trair. shourd be rooked into tL insure that i.t doesnrt have Eo be onthj.s property?
refer
outdoo I
t
t
15
9;! -
T
City Council }4eetj.ng - June 12, I9B9
Counci Iman Boyt: Jo Ann just assured me that re already had it.
Counci lman Boyt rnoved, Counc j.lman !,lb):knan secondd to app,:ove the prel iminar:yPlat for Reed's orchard Ri.dge as presented. Arr voted i.n favor arxl the motioncarried.
E. SITE P[,AN APPRO\AL FOR AN ADDITION ONIO AN EXISTING PRI\ATE GARAGE, EORTIER
AND ASSOCIATES.
Gary hrarren: 0n the curbs?
Councilwornan Di.mler: Yes.
L
Courci kran Boyt: !^tre get back to curb and gutter agaj.n and a couple otherissues. Eirst thing, I vrould reccnmerd that r*e reinstall Ehe cordition t thattle elanning Cormission rsnoved. Cordition 1 as presented to the planning
ccnmission v,ras that the garage will only be used for storage anl there shill notbe any maj.ntenance or repair of automobiles withj.n the new facility. tt, reasonfor rei.nstituEing that is because these prans were not reviewed with a lerviceestabrislment in mind. ltrey do not have the protections that vre'd have if vp
vrere taLkirg about an establistment that was going to be servicing. protections
for t}le envirorrnent and any ntunh:r of other things that \.te'd be concerned about.ld like to see that one reinstarled. Then I'd li.ke to see a cordition addedthat, they're talking about rernovinq 6 to 7 mature harduoods. In the past. wtren
r^le have rqnoved hardwoods in the l0-r2 inch rarge, we've asked for those to bereplaced on a cornparable calilEr inch trees, 4 inches or greater in caliper soif they cut down a 12 j.nch tree, they,d be responsible foi replantj,ng :-4 ircncal-iper trees. That lvorks two vrays. one, it keeps us with a substantial forestand the other. thi-ng is it rnakes it an econornic question for the deveroper as towhether theytrr rgnove those trees. Then on the curb and gutter, the curb andgutter is reguired here. should be required here. rt was rsnoved arrl I wourd
recomnend that 'v,le put j.t back j.n. That follows a discussj.on with Gary so Ithink we need to do !hat. So I would have 3 cordi.tions that I \rDuldreccnmending. One, no maj.ntenance or: repair of automobiles. T\,ro, replacernentof hardwoods with our normar caliper inch standard. Three. curb and gutter. i^le
have. hj. storical ly used expansJ.ons of operatj.ons to ulryrade those to z5ningrequirqnents ard this i.s our chance to do that here. He talks about accessissues, qie may very $rell wanE hi.m to be able to provide some curb cuts i.n that
somepLace so he can access it wj.thout havj.ng to roII over the curb like r"e wouldat the end of a block j.n the C j.ty.
counc i hecrnan Dimler: I guess I'd like to have Ga):y address condition 4 sincehers to determj.ne if they't:e necessary.
Ga,:y War):en: Well you're defini.t3ly in an urbani.zed area i.n this locaLion
storm,sewer: throughout the subdivj.sion ard also the appl j.cant j.s pnoposj.nE
extend the storm sewer across hj.s prolErty as a [Ert of thjs proposai herethat coupled wi tl-r the fact that. it i.s required J.n Ehe zonj.ng ordi.nance forwas the reason why I reconmended that it stj.Il be provided.
with
to
SO
thaEt
It
Counci lwcrnan Dj.mler: Okay, thank you.
t7
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, IT4INNESOTA 55317
(612) 937-1900
I{EIIDRANDI.'IVI
I0: Jo Ann O1sen, Senior planner
ERo\I: Dlave HsrqEl, Sr. &rgineering Technician /W
DATE: Septenber 19, 1989
SUB]:Fina1 Plat AEproval" for Reed's Orchard RidgeFile No. 89-10 Land Use Reviehr
Upon revier^r of Reed's Orchard Ridge final plat suhnitted by Coffin and Gronberg,Inc. received Seternber 15 , 1989 , I offer the follcrving curments and reccrmren-
dations:
I the plat should shor', the remaining property to the east of the plat asoutlot B.
CITY OF
EH,INH,tSSEN
the developer shall provide a I5-foot wide utility and drainage easenent
covering the existing 3o-jnch storm sewer that runs through Lots t and 3 of
Block 1.
TLre developer shal-1 dedicate an additional 9 feet of street right-of -.,\^,ay
along tfle north lot line of Lot I and Lot 3, Block 1. Itris woul-d give theCi.ty one-ha1f of the tl.lpical SO-foot wide right-of-uay required foi a dedi -cated City street.
2
3
4
6
7
8
Ttre deve]-oper shal1 convey to the City a 25-foot wide trail easerEnt for the
proposed trail on the norti lot Line of said Outlot B directJ.y east of the
proposed p1at.
the developer shall provide a street, utility ard drainage easelrEnt for thesnall piec-e of roadway tlnt is on the Sevea Forty{ne Crossing plat directlynorth of the subject plat.
Outlot A is used for -oonding purposes and should be dedicated as a drainage
ease(Ent for ponding or transferred by deed to the City.
'Ihe developer shall cronvey to the City a drainage easefiEnt on said Outlot Bfor the pond slopes exLending over frcm Outlot A.
the developer shall amend the existing develogrent contract to conform tothe ne$, plat and construction plans.
C Gary Warren, City Engineer
CITY OF t4
EHINH[SSEN
690 COULTER DBIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 , ,.r, ,\,Jnrtnlsr1'1r6r
,,-.PZ
MEMORANDUM
TO:
FROM:
DATE:
SUBJ :
Don Ashworth, City Manager
Todd Gerhardts, Assistant City l"lanager
SepEember 2\, L989 't/"r/?t
Class i ficat ion andIf you cannot
._f/;8.B
Position Classificat.ion PIan/Pay Compensation Plan
Note:
Staff eras directed by the City Council at their August l4th
meeting to get a second opinion regarding the process used by
Karen OIson from Labor Relations regarding the City's compliancewith the state's comparable worth statutes. AtEached you will
find a letter from Bob O'Connor and Associates commenting on the
comparj.son of local government salaries to the private sector,the weighting system used by Labor Relations, and salary ranges.
Staff agrees with Mr. orConnor's comments and the City Council
that the market comparison of the private sector pays less for
clerical jobs than local government. agencies. ilowever, as Mr.
o'Connor and Karen Olson have expressed, it was the intention of
the legislature to establish the Pay Equity Act for low paid,
femafe dominated jobs in local government.
Based on Mr. OrConnorrs comments and those expressed by Karen
Olson in our previous meetings, staff would recommend approval of
the 1989 Position Classification and Pay Compensation PIan as
submi tted .
Attachments
Please bring your copy of the Position
Pay Compensat.ion Plan to the meeting.
locate your copy, please contact me.
1
z
Letter from R.M. OrConnor and
Memo from Todd cerhardt dated
Associates.
August 8, 1989.
R.lL ()'(l()Nr-OR & ASSOCIATIIS
5190 tiALSAII LANE
Pl,Y.'llOtiTII, IIIN^"ESOTA 5ilr2
(612 ) ,57-t 6.15
Todd eerhart
Asslstant Clty Manager
690 Coulter Dr
Chanha6sen, MN, 55317
Sopt€mber 21, I989
Dear Tod d,
The purpose of this lotter ls to follow up on a rec€nt telephone
conversation I had wlth Councll membsr Bill Boyt, end two subsequent
conversatlons with you. Speclflcally, I yra6 askBd to comment on three
conc6rn6 that have been expressed regardlng your City's pay equlty syst6m,
For your informatlon, over the last five y€ars I have assisted over 20
countles, oitles, and oth6r local unlt6 of government with the lnstelletlon
and/or modiflcatlon r.rf Job classlflcatlon and compensation systems that
meet tlre requirEments of the Local Gcvernment Pay Equlty Act (Mlnn
Statutes, 1984).
The flrst concern has to do wlth the overall level of pay for the City with
respect to the local labor market. The Pay Equlty Act ls qulte vagu€ on
thls lssue. Whlle the Act requires ths employ6r to conslder compensation
relationships wlth other employers as part of lts lmplementation 6ffort,
the Leglslature probably intends that the law yrould pull lox paid female
dominated jobs away f rorn the private sector market, Generally, localprlvate sector employers pay less for clerical types of Jobs and more for
high level nrarragement positions than would a clty, Thus, an implem€ntatloh
plan ttrat uses locai prlvate sBctor market data maght be crlticizod a6 an
attempt to circumvent th6 lnt6nt of the Act.
If arrd when my clients are ready to usa market data to hslp achiev€
exter ai es well as irrternsl equlty, I advtEe them to use data from
comparable agencies oovo|ed by the Pay Equity Aot. It ls my understandlng
that you have made such a compartson u6lng Eurvey data publlshed by the DCA
Stanton Group, and that few, lf any, adjustments rr/ere needed eithor up or
dowh as a r€sult. Thus, your pay lovels are conslstent with comparable
ag encies.
I do r.tot recommend that you attempt to rnove your system to match the local
private sector market. However, it should be noted that the Councll stlll
has the authority to establish as a matter of policy where ths Clty's pay
system should fall wlth respect to the public sector market. As long as
all employees are treated conststBntly, the Council should bs able to mov6
your overall syste0l abcve, beloyr, or to the market l€vel. The crlteria,
procec$, pros atld cons of rnakirrg suclt a decislorl are beyond the scope of
thls lettBr. Also, as you wlll 6ee again shortly, I do not recommerrd you
atten'pt to develop such new pollclBs at thls tlme.
The s6cor)d concern that was exprassed was that the welghto appliod to the
classlficatlon factor s viere inapprop|.iate for your Clty, and these pushed
up the low end Jobs too hlgh on the pay scale. I have three comments on
this issue.
Flrst, I rnterpret the factor werghts to be e "value sy6tem', and I contendthat each jurlsdtctton shoutd be free to establish its o/Jn welghts. lnfact, ln all the classificatiorl systems I ln6talled, the local ageicies setthelr own welghts for the fsctors, However, this should bo done b€fore thesystein ls flnallzed, and to do so later could be political suiclde. Inaddltion, the cltlss uslng the FOCUS system took a untque approach wherethey all agreed on a comrnon set of welghts, and I know of only one cltythat is dolng someththg to posslbly move from that constrsint,
Second, yo.l told me that almost no salary adJustments were needed toirrstall an equltable pay syst€m as per your study. Tht6 ls a strcnglndlcatlon that th6 welghts had no adverse lmpaot on the City's hlstoricalpay practlces. I would be nervous that new welgttts would have such anadverse lmpact.
Ttre thlrd and final concern that was expressed to rne was thgt your salaryranges are too narrow, I ut)darstand that the ranges extend from gOX to
12OX of tho base rats, or mldpolnt. ln my experieilce, brcad renges ar6mors typlcal of managerlal and professional level positions. Clerlcal,trades, skllled labor and publlc safoty types of posi on6 havehistcrically had short6r ranges. MekltrE these latter rang€s longer hasbeen a useful technlque for controfing the lnltial costs o] implementingpay equlty. However, most of my systorns us€ sornewhdt shcrter ranges thanyours, 6C} I am not llkely to agree that yours are to) short,
To hslp you better understand tho basis for my recommendaflons, I wouldllke to clcse wlth qomn',snts that reflect my atfltude and approach to pay
eq u lty lssues.
Thlrd, Just ln case there ls any confusion on this next item, the factorwelghts must be the same for all the posl ons ln the organization, ln theprivate sector, lt ls c,)mmor) to flnd dlfferent w6lghts or even dlfferentsyBtems used for mejor categorleo of Job families. Howev6r, this is a"no-rlo" under thB Pay Equlty Law.
Based on our conversations, I don't percelve that your system ls broken,It does have lts flaws, and there apparently l6 so!'rte dissension, at t€astat th6 Councll level. But lt doe8 r)ot app8ar to me to requtre mejor
modlficatiorrs.
My second comment is actually related to the lnternal dissBnsion i6sue.Installlng a malor new job classlflcatlon system or maklng slgnlflc8nt
changes to an exl6tlng syEtem often sends "shock waves" through anorgarrization. Thls ls especlall), true with the pay Equlty Act. Thts ls
because the changes Hlll create wir'nsps and losers. If the losers complatnloudly errouglr, llrer e ls a good charrce that a lBglslaflve, Judlclal, or
I tend to agree y,ith an old staternsnt: "don,t ftx something that aln'tbroke". Generall),, lf a job classification and/or pay systein meet Iwocrite,ia, I would be reluctant to mak6 major changes. First, do theso haveany lmportant flaws that maka you vulnerable to soms sort of €xpenslve
legal attack? (I expect sorneone may be asking why not ftx a maJor flaw6,regardless of the lo-ral vutnerabllity. Howaver, that's a fun but complex
topic that ls beyorrd the scope of thls letter.) Second, rs there a
slgnlflcant amount of lnternal dissenslon remalnlng after the cystem has
been In place for a y6ar or mor€?
admlnlstratlve remedy wrll be imliosec on you. I expect that in most casesth€ flnal outcorie wlll cost .noro than lf ycu left the system alone in thefirst place.
Please understand that thes6 comments are very brief, and I fBel qultehandicapped trylng to summarrze them ln a relatively short letter. ArBo,my knowledge about your specific $ituetion rras derlved from a few telephoneconversatlons, I mlght reach differont concluslons If I cug deeper, but atthl6 potnt I don't expect so.
Flnally, I am not at all shy about ms.rke ng my services. I considermys€lf to be very' skllled at helplng agenci'os identify and correct maJorweaknesses in their systems, and also to maet th6 requlrements of the eayEqulty Act at as low a cost a3 reasonable. Howeverr ior the concerns thatprompted this revlew, I don't expect changes made to save money wouldachleve that rBsult at thls flme.
I hope you find these comments h8rpfur. Encrosed i6 6ofie additionarInformation about rne and the sBrvrcss I offer. If you have any quesflons,or lf I can be of further asslstance, please let me know.
Sltrcerely
Rob ert M, O'Connor
Managoment & Personnel Systems Consultant
R,tll O'(.:ONN0R & ASS()CL{I'HS
5.'9U BALS.{]\I LANE
PI,]'}IOTITH, }I I NNES(JT.{ 55{12
il:,:) 5ii?.0$.t;
RM OrConnor & A66ocl6tes provldeg consultlng servlces ln personnel
and menagement systems for countiBS, cltles, and other publlc and
privats sBctor organlzatlons. ExamplEs of the types of 6ervlcos
offered lnclude the followin g:
lnstall Job classlflcatlon systems and conduct pay equlty
analyses
raview job classlficatlon systems and recommend lmprovemert8
asslst in defendlng pay equlty efforts ln lltlgatlon and
arbltratlon hearln gs
prspar€ statlstical analys66 of unlon propo6ai6 andlor posslble
declslons by arbltrators on lnternal equity
sst up computerlzed emplcyee database models for budget analysls
of alternatlve compensatlon proposals
custom deslgn compensatlon systems and/or lmplamentatlon plans
to achl8ve and malntaln pay equlty
analyze labor market dala for budget settlng, negotlations and
arb lt ratlon s
lntegratlon of market data !jlth Job claooiflcetlon 6yst6ms to
achlBVe bcth lnt6rrral snd Bxt€rnal 6qulty
develop admlniGtratlve procodur€8 and policl€6 to maintaln a Job
classlflcatlon sy6tem
r€vlew and revlae personnEl pollcles, lntegratlng thes€ wlth
other admlnlstratlv€ pollcl6s and unlon contrects
conduct problom 60lvlng 'rork6hops for Boards, departmtlnt heads
and ernployeee to ocrnslder and resolve pay equity lssues
devBlop cu6tomlzed mlcrocornputer model6 for numerous types of
appllcatlons
provlde tralnlng ln Lotus Symphony, 123, MS-DOS,
tel6communlcatlons, €tc.
1 O/88
upcete pey oqulty anely6e6 to determine lf lmplomentatlon y{as
sucoessful
i
H.rlr. ( )'C(.)NN0R & .{SS0ClA'l'Fls
5{90 lJ.,\LS,\}l l..ti\iE
PI,YJTIOI.ITH, :IIINNES()l"\ .1i I,I2
(612 ) 557-tttiJs
PER6ONAL RESUME
ROBERT I't. O'CONNOR
EDUCATION
8t Thomas college, MBA Program, July 1979 - May tgSO
compl6t6d '!5 samseter hours (of 39 requlred) before movlngto Cook County; malntained 4,O grads polnt average;
completed coursework ln managBmont acccuntlng, man0goment
oconomlcs, aggregat6 e@norhlc analysl6, organlzatlonal
theory and behavlor, buslngss statistlcs.
Unlv of Mlnn, IntBr-Colleg lete Program, S€pt 1967 - Jun€ 1973
earned a comblned B,S, degree ln Communlcatlong ahd
Engln66rlng; coursework lncluded Btudl6s ln organlzatlonal
oommunlcetlons and development, group dynamlcs, buelnEss
fnanagement, advanced mathematlcE, phy$lCal 6clenc€a, and a
1O-vJ€sk buslno6s lnternsh lp.
CAREER BYNOPSIS
May, l98a - present
Management and Psrsonnel sy6tems Consultant
RM O'Connor & Assoclates, Plymouth, Mn
Provldes consultlng services to local unlts of gov€rnmant as
well a6 other pr lvate and publlc organlzatlons. Servlcos
lhclude dcvolopment and lnstallation of management and
perdonnel systems euch a6; Job clasElflcatlon system6,
6tatlotlcal pay 6qulty analy6ls, salary compensatlon Syst€me,
labor mark6t analysl6, personnei pollcl6s, budggt analy.3l6,
peraonnel Cl&ta maDagorlent, and ml6ro co[lputer appllcatlon8.
August, 1984 - Aprll, 1988
Management and Personnol Sy6tem6 Consultant
Steffen & Munstentelgarr PA, Anoka, Mn
Provlded consultlng servlcos ln manogenrent and peroonnel
syst€rns to cllent agBncles. Aasl8tEd 18 cllent agencies ln a
varlety of actlvltl€s to ms6t the roqulrernonte ef th6
Mlnnesota Local Government Pay Equlty Act. Developed a Job
cla66lficatlon eyetem for use by 6ll€ntB, and deslgned
Geveral computsr mod616 to malntaln cl66slflcatlon sy6tem6,
perform gay equlty arralysls, cr€at6 cornpensatlon 6yst6ms and
perform budget cost analysls.
June, 1980 - July, 1984
County Coord lnator
Cook county, Grand Marals, Mn
Establlshed the nowly crgatod coordlnator posltlon for theCounty; substantlally developod and lrnprov6d the por$onnel
sy6t€m to a levol of prof€s8lcnallsm unuaual for a omallcounty; developcd and succesefully lmplemented a llmlt€d
classlflcatlon sy6tem u6lng an lnternal evaluatlon toam;
9/88
It.trl, O'(lOn'N()R & ASSO(II..ITES
5{90 IJALSAIII LANE
PLY]IIOUI'H, ]\IINNDSOTA 55.I]2
(612) 557.6i15
overhau!ed the cornpenaa on system to achlovs greator
lnterrtal oqult),; lnltlated reorganlzatlon of and Etrsngthgn€d
the departm8nt head management team; Gucc€safully concelved
and lmplemented a project on " M lcro-Colnp uter As6lstod Budget
Analy6ls" whlch won the 1983 outstandlng Rocogniflon Awerd
from th6 Assoclatlon of Mtnnesota counflEE.
June 1978 - May, l98O
Corporate Plannlng Analy8t
Northern states Power co, Mlnneapolls, Mn
ImplemBnt€d a new posltlon wlthln the n6wty craatsd Corporat€
Strat6gy and Plannlng Dopartment; esBlsted maJor functlonalarea manrgBment ln the lnltlal development of long range
asgumptlons, objectlv€s and plans and lntegrated these lnto
the flrst Corporato Long Range plani prepared major pollcy
recornmen d ations to senlor management for long term fundlng
levBls and dlrection of NSP'6 technlcal regearch pro€ramE at
4.6 to I1.2 mtlllon dollars per y€ar; 6uccas6fully deslBned,
conducted and presented to senlor managem6nt two experlmentalprojects on technology forecastlng; canducted numeroua
revlews and mado recommendatlons to varlous managerG andofflcers on a broad varioty of poltcy matters.
Docember, i978 - May, 1978
Assistarrt Admlnlotrator, Envlrohmantal Aasassm6ntc
NorthErn Ststss Power Co, Mlnnuapollo, Mn
Successfully tackled a major communlty concorn wlth an
exlstlng power plant ln order to galn publlc acceptance and
regulatory approval for hajor plant exp6nslon; th6 proJoct
requlreC 6xt6n6lve contact wlth angry cltlzens, aupervlalonof con$ultants, and persuaslon of uppsr managoment to
lmplement major InnovatlVe technlcal 60lutlons; Evaluated and
made rBcommendatlon6 for lmprovlng the corporate lnterface
wlth stata 169ulator)/ agencles; prepared ma]or tesflrneny forpresentation at publlc hearlngs to achlev€ plant liconslng,
Sspt6mb6r, 1973 Novemt,er, 1976
Coordlrlatorr E rr vlronmerrtal Assossments
Northern Statss Power Co, MlnnBapolls, Mn
CoordlnRted ln-house preparation of a malor environmontal
report (1oCOr pages) u6ually contracted out to spoclatlzed
consultlng firrns; guldod proJect team efforts to meot
deadllnes wlthln budget, savlng the company Geveral hundrsdSol thousands of dollars; tho report wa6 succe66ful through
p u bllc and regulatory revlew,
ADDITIONAL ACTIVITIEG, MEMBERSHIPS, ETC (PATIIAI LIst)
1981 p reGent
'1982 - p r€s6nt
19&5 - p resen t
1984 - 1997
t 984
1 984
1984
member, Mn A6soc cf County AdmlnlBtrators (MACA)
rn€rnber, Mn County Human Rosourc€ l.tgmt Aasc,c
pr€6ldent, membsr, Twln Clty Lotus UBar Group
progre.m faculty, Local Govt Computst symposlumprograin faculty, Assoc of Mn Countlos (AMC) Annual Confprogram faculty, MACA Fall Semlnar
program taculty, Improvlng Local GDvt, ARDC Scmlnar
e/8
CITY OF
EH,[NH,[SSEN
It
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN. N,,IINNESOTA 55317
(612) 937-1900
.,_/ /i!l- ir, it:tv
',/ rrrr,,-* -MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager
DATE: August 8, 1989
SUBJ: Position Cl-assification Plan,/pay Compensation plan
? - tc- i ct
. t (-____-_-__-_
; - rtt-i c!
This item has been placed on the consent agenda based on theresults of the Council's special meeting on July 26, 1989 withKaren OIson of Labor Relations. At this meetingr Ms. Olsonexplained the results of the mult.i-cit.y study and her recommen-dation regarding the city's compliance with the Staters
Comparable Worth Statutes. It was staff's feeling after thi.smeeting Lhat the Council was in agreement with Ms. Olsonrs recom-mendations and that the item be placed on the next agenda forformaL approval.
Recommenda t. ion
Staff recotnmends
Pay Compensat ion
Attachmen Ls
PosiLion Classification and
Memo dated July 6, 1989.
Memo dated l4ay 26, 1989.
approval of the 1989 Position Classification andPlan as presented.
1
2
3
Pay Compensation PIan.
CITY OF l2-
EHANIIISSE$I
690 COULTER DRIVE ' P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO:
FROM :
DATE :
SUBJ :
Mayor and City Council
Don Ashworth, City Manager
July 6, 1989
Special Meet ings
Councilman Boyt asked that I9B9 Goals be placed onto Ehis agenda.I would anticipate t.hat the issue is one of "Where do we stand onthe Position Classification Plan and goal seEting process?". Atissue may also be whet.her a Council goal setting session/retreatshould be considered. Lori has attached a separate memoregarding discussions with Chuck Lofy (the Council requested
tapes f rorn Dr. Lofy to determine if a seminar faciLitator would
be necessary) .
Regarding Lhe "Posit.ion Classification and Pay CompensationPlan", I would like to set a t.ime where Council members could
meeL with Karen Olson of Labor Refations Associates. This proce-dure had been requested at our last worksession. INot all mem-bers would attend with primary questions being comparables usedby the consultant.l Optional dates include a one to two hourperiod during t.he following Eime frames:
Monday, JuIy 17 l:00 p,m. to 4:00 p.m.
Tuesday, July lE 9:00 a.m. to 12:00 p.m.
Wednesday, July 26 6:00 p.m. to 8:00 p.m.
t NoLe:This meeting was suggested to be aE Labor Relations
office given the volume of supportive daEa used inthe analysis process. Their address is 7501 GoldenValley Road, Golden Valley, Phone: 546-I470.
Regarding goals and objectives, attached please find sEaff'sgoals listing prepared at year end. Given the current date,potencially having the Council rank,/priorit.ize or to make noteson your copies may be a means to geL input back to staff. I
vrould have preferred doing this as a part of a worksession, butspecial meeting dates appear to be at a premium. IThis ties toLori's memo which we should also be discussed Monday evening.l
CITY OF
EHINH.lSSEI[
690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUI\,I
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: May 26, 1989
SUBJ: Special Meet,ing, Monday, June 5
a copy of the "1988 F
"Compliance Audit',.will be present to dito keep his remarks aLo find your copies ofeel free to call me
II. Posi t.i.on Classif i cation Plan:agenda item. ThI
1989
The following agenda has been set for Monday, June 5, 19g9:
I. I988 Audit Documents:. The City Council previously receivedrnancj.al Audit,'r,,Management Report,,, andBob Voto of Vot.o, Tautges, nedpath a Co.scuss these documents. I have asked Bobs short as possible. If you are unablef any of Ehe above documents, pleaseand we will deliver a nev, set ior vou.
s office is r This is typically a consentesponsible for updating allto submit a copy of the updatedh year. That work iunction waspart of the attached plan docu-oals were prepared for each ofhad hoped Ehat. a discussion ofd Council could occur eitherof a worksession (EhisPosition Classification plan.
sh a retreat date and conflictsand the City Councilts havetin9. Hopefully, we will st.iIIEhat feedback on the goals
positions within the plan andreport to the City Council eaccompleted in January and is amenL. PursLrant Eo Ehe pIan, gthe operaLing deDartments. Ithese between staff members anLhrough a retreaE. or as a partmeeting) accepting the udpated
We have been unable to establibetween Kiren Olsen I s calendarcontinued to postpone this meebe in a position Lo accomplishprogram.
As noted above,
wi 1I be presen t
1988 to complet.einsure that t.he
comparable vrorth
again, updating
Karen OIsen of Labor Relations AssociatesMonday evening. Ms. Olsen was retained inan analysis of aII Ci t.y posi tions and t.oCity was in complian"" ,iln the StaEersstatutes. A part of that process included,all posi.tions an.l having l,ts. Olsen compare
Mayor and City Counci 1
May 25, I989
Page 2
Personnel PoI ic YU pda te :Classification Plan and su
documents going out Friday
document in t.his packet.a future agenda.
Given the size of Ehe position
pporting documents as well as other, it was not possible to include EhaLThe Counci.I can anticipaEe this item on
aII of our positions to those of all cities !,,ithin Lhe metro_politan area. I Note: A mult.i-city study was como.]-eted thispast year involving Iit.erally every metropolitan city in con-formance vrith the comparable worth statuta.I The analysisexcludes Minneapolis and St. paul. The analysis wascompleted, again, as a result of state legislation whichforced all cities, large and sma1I, t.o analyze the norkresponsibilities associated with each posit.ion and toest.ablish a point value for that position in comparison toall other positions within each city. The report preparedby Labor Relations Associates is iniluded as attacirment 2.Erom.a state.standpoint, the primary proof as to a city,scompliance lies in the preparation of-a scattergram shiwingthe relationship of all positions within the ciiy and incomparison to eich oEher. That. document is also includedin Attachment 2-
I
l
CH[NH[SSEN
MEMORANDUI{
TO: Don Ashworth,
FROI'I: Jo Ann Olsen,
DATE: September 20,
SUBJ: Final Plat for
On July I0, 1989, the
#89-2 to replat Lot.s
one 1ot, Lot 1, Block
condi tion
City Council approved the preliminary1 and 2, Block 1, Park One 3rd AdditionI, Quattro Addition with the following
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
City ttlanager
senior planner d@
1989
ouat.tro Addition
p lat
i nto
I The f ina]
easements.
plat sha1l provide the typical front, side and rear
recommending the City Council adopt the following
The applicant has submitted the final plat for City Councitapproval. The final plat provides t.he required easements.
RECOMMEN DAT I ON
Staff is
mot.ion 3
"The City Council
shown on the plat approves t.he final
dated September 8,
plat for Quat.tro Addition as
1989. "
ATT AC HMENT S
t
n
t-
I
C
F
1
2
y Council minutes dated JuIy 10, 1989.al plat .
CITY OF 1",f
i,, L:
-:l lL iJ -
{(
T
{
CHANHASSEN CITY COUNCIL
REGI]I,AR MEETING
JULY 10, 1989
RECYCLI }I3 PRIZE DRAWING:
drawing.
l,tayor Gunj.el called the meeting to ordel. at 7:35 p.m..with the pledge to the Elag.The meet j.ng was opened
l,layor: Ctunj.eJ. drew a name for the recycl J.ng prize
CoUNCTLME"IBERS ,RESENT: I''rayor Cruniel , counci.lman Boyt, @uncilman !{crknan,Counci lwqnan Dimler and Oouncilman lohnson - -"-
STAEE PRESENT: Don Ash'{o}..th , Roger-. Knu.son, Ga}-.y Warren, Jo Ann O1sen, LoriSietsqna arxi Jim Chaffee
APPROVAL OE AGENDA: Courcirman Boyt moved, counci lman Johnson seconded toapprove the agenda as anended by counc i lwcman Dimler to add a councii -
Presentation regarding the superaner- i.ca site on TH 7 and lTI 4r. Arl voted infavor ard tle motion carried.
coNsENr AGENDA: Counci lwcrnan Dj.m-Ier moved, counci rman Johnson seconded Eoapprove the. following Consent Agerda i t<rs zur:suant to the City lrun"rq"i,"reconmendati.ons :
Pr:eI iml.nary plat to Replat t ts I and 2, B]ock 2,into one Lot (Lot l, Block l, euattro aaaiii..l ,Street, Eor tier- and Assoc iates.
a Park One Thi r:d Addi.tion
Iocated on west 77th
c' conditional use E€rmit for rocati.on of a tqnporary office, shop and ]ard,8301 Audubon Road, Edge$rork Builders.
d. FirEl plaE Appr.ovaL, creat plaj.ns colf EstaEes, Don HaLla.
g. Authorj. ze Advertisirg for Bids for Sj.dewalks j.n SaddlebrookSubdivision, project B7_I5A.
h' Esolution *gg-?9. App!:ove Resoluti on i.n suppor:t of Appointing Ed Kranz tothe Reg ional Transj.t Board.
k. Planning Conmj.ssion Minutes dated June 2L, LgggPa!'k ard Recreation Conmission Mj.nutes JulJ .rrr. 27, Lggg
AlL voted i,n favor: and the moti.on cari:i.ed.
I(K) CITY COUI€IL MINUTES DATD JUNE 26, T98g.
courci lman Johnson moved, counci lman !^rcr- knan seconded to approve the Minutes ofthe City Council meeEirg dated June 26, Lggg as amerrled on IEge 30 to charge tfEstatsnent asking fo'a r:o1r. cart of Ehe vote nrade by Roger Ifiutson to courcirmanBoyt. AIl voted in favor ard the motion carried.
l-
III
CITY OF lt
EIIINH[S5EN
I
690 COULTER DRIVE ' P.O, BOX 147 ' CHANHASSEN, N/INNESOTA 55317
(612) 937-1900r / r'r\r r'.jri:lr"rrlrcr. '-z.Ee'I{EITIORANDUIU
TO: Don
FROI{:
DATE :
SUBJ :
Ashworth, City
Gary Warrenl City
--.-.:- |
--1/z{LO--
JE,:TJT:-llanager
Engineer gD\rcri-,
September 2L, 1989
Approve Engineering Contract for Trunk Highway 5
Designs for Great Plains Boulevard, Dakota AvenueMarket Boulevard - Barton-Aschman AssociatesFile No. 88-28
Intersection
and
As a part of the Cityrs Trunk Highway 101 realignment and layoutapprovals for the Trunk Highway 5 expansions, City Council hasrequested UnDOT to upgrade the Dakota Avenue, Great PIains
Boulevard, Market Boulevard/Trunk Highway I01 and Po$/ers
Boulevard intersections to reflect the City's planning in theseareas. The DakoLa Avenue intersection is perhaps a bit in theair pending the results of the Omnibus Tax BiIl; however, the
remaining intersections are pretty well solidified as to theCityrs intentions.
As such, since these intersections are a portion of the City'sp1ans, IUnDOT has basically ruled that design of the roadway
improvements beyond llnDOT right-of-way should be the financialresponsibility of the City of Chanhassen. This is, for the mostpart, consistent with the cooperative funding approach taken by
MnDOT on the rest of the ?runk Highway 5 improvements. The final
settlement of cost participation matters with IrlnDOT on all of the
Trunk Highway 5 improvement matters will be formally hammered outas a part of the cooperative agreement yet to be prepared by
ItlnDOT, which I would anticipate receiving in January, 1990. This
would include such matters as the relocation of the Lake DriveEast frontage road by the Dataserv property and UnDOT r s construc-tion of a portion of Powers Boulevard to the West 78th Streetdetachment. The attached correspondence from Barton-Aschmandated August 25, 1989 summarizes their proposal for providingservices and establishes a estimated fee of $52,043.22 for thisactivity. A portion of these funds currently exist in theAdministrative Trust and Engineering has increased the 1990
budget. request to acconunodate the remaining balance.
I
In addition, earlier this year the City of Eden prairie, who iscontracting agency for the current Trunk Higheray 5 improvemenEsfrom CSAH 4 to the Hennepin County line, received Supplemental
Agreement No. l from l"hDOT which reflects the provision of engi-neering and right-of-way services for the project, the vastmajority of which is IqnDOT,s responsibility. The l{ay 31 , 1989and Iqarch 28, I989 correspondence from ltnDOT and Barton-Aschman,respectively, address the changes in the Supplemental Agreement.As noted, Tasks 9 and I0A were fel-t assignable to the City of
Chanhassen due to the City's re-study of the intersections notedabove. The staff approved layout, for example, did not includethe realignment of Trunk Highway 10I at Dakota Avenue and ltarketBoulevard vrhich understandably has caused changes in the designand right-of-way process. The two agreements lvork together inthat the mainline design services are covered by the Supplemental-
Agreement and the \.{ork necessary beyond the right-of-way iscovered by the Barton-Aschman agreement. It is therefore recom-mended that the City Council accept the August 25, :.9g9 proposalfrom Barton-Aschman Associates, Inc. for providing engineeringand design services associated with modifications to DakotaAvenue, Great Plains Boulevard, l"larket Boulevard and powers
Boulevard and further, that Lhe City approve Supplemental
Agreement No. 1to Agreement No. 64918 betrrreen ltnDOT and the Cityof Eden Prairie f or State pro ject irto. 1002.
Don Ashworth
September 21, 19 89
Page 2
Attachments
August 25 , 1989 proposal \^,/attachments .ltlarch 28, 1989 letter from Barton-Aschman toInteroffice memorandum from I'lnDOT daEed llay
Supplemental Agreement No. 1.
l-
2
3
4
c
Eden Prairie.3r, 1989.
Alan cray, City of Eden Prairie
Dave Warzala, Barton-Aschman Associates, Inc.
Barton.Aschman Associates, Inc.
'111 Third Avenue South. Suite 350
Minneapolis, Minnesota 55401
USA
August 25, 1989
l,rr. Gar'lt, G. WaEen, P.E.
City frgfuteer
City of Chanhassen
590 @r]t€r kive
P.O. Box L47
cttanhassen, l,rN 553L7
Phone: (612) 332-0421
Fax: (6'12) 332-6190
Re: kcpea]- to kovide eqineerfury ard Desiqn Ser:rricp< Associated wit.I.Modifications to Dakota Avenue; creat pLains Boulevard; MarketBcuts/ard//TH 101 ard CSAII 17 iI Grantrassen, Ujlnesota
Dear I.1r. Warren:
For several- nDnttls Ba-rton-Ascltrnan Associate, rrE. has been coordir)atirqyjtl the city ard ltrIEr to securE a ruu:a11y acceptabre sctrsnatic design oithose crossroads fuq)acted by tl.e adrancerent of thL IH 5 proj ect.
rhe city of Ctrarrlra-ssel rmst be ccrmrErded for itsr successful deterrdlationi-n playrrq ,'catc}r-tp,, ard "!o r.irg resolution of narrlz dqrnt4r^m *qirr""rjrqis-sues. I"re are ncr^r il a position to ilcl.:de tle rajoiity of tl.ese &ossroaai:rprovanents in the TH 5 phase If contraet.
rherefore, Barton-Asclnun has. prepared for ycur consideration a sccpe ofservico< (see AttacrrEnt A) lritn ccrmrensurate ccnpensation lsee etta<iurerrtB) to contirme witn fi-rnr de.siqr ard plan preparation for incorporalion irrtoPhase rf of tj.e IH 5 proj ect. (s.p. l-oo2-51). rhe contrast aoq-unerrts aresc}Ieduled for sulrnission to ItrlmT in.farn:ary of l-990. A June 1,990 bidlettirq is o:rrently plaffled.
As ycu are auare, lre have ccrnnerced firnl design ard rigfirt-of+ay activitiesfor aLl of the crossroads identified ir this prEpear. Ttri-s r.ork has beeninitiated bas€d on ycrrr verbaL authorization aru in trre best i-nterest of ttreovgrall project sciedule.
nrroFrBtlms$fn
AUG :JB I9B9
b
EflEII{ffAHO llEPI.
Barton-Aschman Associates, lnc.
August 25, 1989
E,ge 2
If ycu have any questions please ocntact crrr offies.
Chanhassen for itsr firlI cocpeiration in this natter.
Sincerely,
-ASCHI,AN ASSOSIAIES , INC.ACCEPIED AND APPRO\/D BY:
B.P.E.
I{e ttErik the City of
kirciEa1
c.
Vice President arriIts ffiractirg Officer
Atrthorized to Erec:rte Aqresrent for:
DBt-IpCl'l:lco
(Sigature)
(Ilped NarE)
(Dat€)
P.E.
Ef,B(AUBII A
ITI,NK IIIGflrBY 5 PROJECT CROSSROED Dr:SIGN (8.P. 1OO2-51)A@PE OF SER9ITCES
IASK 1.O PROJEqT @FDIlqrrON
I?sk Obj ective!
rhe .&j.ect-ive of, tle proj Tt coord.iration task rriu be to ensure trat aconstant florrr of infornation on tre project G ;irt"t *d--*ii,*i tr.r"consultant, the city of chanhasse" i'd trr" uinnesoii Ep"-.rilt ottransportation (lhEr). tre pri:rary trlrpGe "i uri. t"=f *iU--f"-;-;;=rr"tLat design plans for fo:r atnradJ czossroads al,org Ttunk ffigt^l,ay I ttu Sl(s.P. 1002) are prepareat wittrin ttre ua*r..a sctrearre "ru iGri.=d"a tthe state projest.
work Description and l€rrel of Detail:
Barton-Asclnan Associates, rnc. has a.ssonbled a hi$rIy qualified team ofergi-neers, tecl'riciar:s ard speciau-sts to o""i Ur. .iO='"f Ur"-o, s p..: *a(S.P. 1002) jI ctlanfiassen.
Havirq recently corducted -for l,,Dc* a-r-r ptrases of the right-of-r€y pre-offerprocess tl* same Barton-Aschnan t "m i..eo"es to i:rpianeni it! i-orr.""turderstaldirg of l,trlEf's right--of-*ray p"ii.i.i"- una ufo.g ,G *,strong llighv.ray design capalifities. - '
Yin * _d.=ry assigned design sqr:ad for TH 5 rre prcpose to provide fj.rnldesign for the forlowirg cresroaos intersectlrq rH 5 tnr.,rsl Ctnninssen.these iIclr.rde:
Dakota Avenue
1. THlporary connection on rorttr 1egB. Penranent connection on so.rth 1{Great Plairrs Bc rle\rardA. Redesign of Dorth ard scuth atrDroachesl4arket BcnlelrardA. Rsrpv-al of tarporary iltersegtionB. Design perlrEnent connestions to ItI 5CSAII 17A. rE!<ign of north approaci to rel-ocated I^IesE. 78tn Street
ltris r'rcrk ersrcnt will specificar Iy provide for coord.irntion between lt,Er,ttrg clty of charrhasserr ard their t"i,"rrt""G -L proceed tn*ud, tle stateard city process whereby a set of consurrctioi ;;,=r,-:^-G--J; -;;p".*
accoldirg to lelEl ard City of Grantrassen s rds.
rn order to rTEet this schedure _ard provide the best possibJ-e design productwithin tl,.t ti:ne frare, coorairntion b"t";- the city arri lihEr wi1] be
l-
2
3
4
necessary. Barton-Asctxnan wir.1 att€rd all desiqr tean ueetirqs r*cessary to:o"trn F t,'e projecr ard to arlcp foi ; *;"u, t =*iifi; 'ilffi u."design Fhase.
EASK 2.0 PMJEqT DESIGN
Task Obj ective:
rhe *jective of this task i-s _to preparc tle corrtract doonrEnts for thefira} do.iqn of folr q.osslg1ds n*i tf*- tfr
.
5 pt:oj ect irr cnntrassen ,uiryp-sota. Barton-Asctrnan wif1 reactr iii"-ol"ir"'i" -tr,=""-oriiEr*=t p"
Sl *t="..,a variors leveLs of ".,ei"tf;i; ttre de.,nents.--,8*" "t"e"
kelirn-imry Desiqnfjrnl Design 1Fiml- Design 2
40 percent
80 percent
100 percent
2.1 k€Iimtra5/ Desicm
rn tle prelinfuEr:/ de.sign pf,,use, the prcject design r.€neters established{u*rq tie speciar- sh:dies Fbase wiu be revie\^/ed ard oordirnted with ttrecity's conefltanr. rhe corpietion ;atn; ;;-irfr-_y;*r*-g_; :ii:-c.t"=that tle plans wiD fe approxirnatefy ao
-p"Gt
ccnplete.
the maj ority of the r.evel of effort to reach the preparzrtion ard sutnri-ssion?f q: prel,:rd:rary de_sign will r. -"t"irr"a i" 'u.,.;;iq" i#ivi.ti"=descri_bed in Tbsk 2.6.
2.2 FfuiaI Desiqn 1
At this poi,t tie desictrr doo:r,Ents witr be $hrdtted to the rerriervr aqencies
_at an.awroxirate.ao percent srage of .*,ei.t#. fti=-;'#il#JL -rEan that the desicrn wilt be =utit"r',tiJii-ccnplete "iu, tr,.-'JEtion ori-ncorporatirg comnents UV Ur" -="1*r-ifi'ufrr.i... In adriirinn fi_naLq:artitv esrhates, sumaries _.rd a.=r;-".1ai"ii; :_ilr,iffi"'r"#* -".estirnate wiu be subnriti:ed. a= *= ii. G wit_rr tr," poii*i-.iff-i.=ig'subnission, the majoritv- or trre rev"I ;i .ff;-ti-J;'ffiifrio." trri=subnittaL has been stip,'ated ,.ri". ="pu*t aLlqn activitidl - ---
2.2.1 Apecial Eorrisions
P:Pn-Astman wit.I prepare the special, kq,risiorrs for those itars, details,cles.l,gns arri procedures for u[ic]r t]re consuftant is rresponsi-b1". -,mJi*t
draft. of these special prgyisions "lf i --U.q_-;-*,'irq tle preli:ni::ary designrt,use a'd wirr be rnade Jv-airabr. "itr.,-L"t
=# ine surseqr:ent sr.:hnission_s forFirn} Design 1 ard Fjral Design 2.---
Specifications wtrictr will aply_ to this proj ect are contaired jn the 1988edition of the Minnesota oepartment Ji rransporcation ,standard
specifications for constmction, and all supprernental specificationsthereto.
2.2.2 (&lst Esti-Eates
Based rpon o.'rent rfiET @,=tructicrn cst strarfuq poriq/, state ard rocal@sE par+icipation i-ssues wilr be resolved as soon as reasonab1y possibre.Recunterdations for estabri-stlirg corrstn:ction et, ryrits/ri:'iL- w r upresent€d j-n olor oded project la)rcut form.
prerinir,.rv ard firEr ergilEer ccrrstnrction Gt estirrEtes based on projectdesign .gll+ities, tlpical. r.nrit pricp< ard aqresrEnt-s on GE. itrarlrgresponsibil ity, wi1l be pr€pared.
2.3 loertc1, plan Rarictrt
subndt duplicate ccpies of p.Larrs at previa:sry desaibed ctrecl< points for
1ai* gd aFprs\raL hy a.fplicable agencies. - rtris activity -r.-riJ-ir.:."au
cLlsor.ssrons as to design intent ard plan interpretation.
2.{ firal Desicn 2
Fo11cr^lirq a fjJEL *i"q .ty the requl"atirq agetcies, tJ.e ccnplete set ofcontract doq,,Ents s.car ecl tD, a Eqi-sEered profess:-ornf *gnr""a'irl l,ri,,"="t
of chanttassen. Thj.s wirl i*l,ie, in add"ition to tire fi-nar- constlrctionp1ans, a ccrplete set of final specifications, ffu,al aoign-..,r ion_s arnc:l o:Lations as veII as otller pertinent aesj.qr aata.
2.5 PeEnits
1. keparc ard su},dt pe.rnr-it atrplications ard secure federal ard statealpro\raLs.
2.6 Desiqn eeti\rities
Desi.gn activities is g5r overa! grcx-pjrq of tie ird.ividual design areasrequired as a IErt of preparirg- the contract doq.urents for tle TH 5qossTgad project. The design activities tl.snserves wilr feed jrrto eacfi oft].e rnilestone everts for tlre preparation of the contrast doo-urerrts. Thoseare tie preli:n-irary design, Final ttssiqn 1 ard r.iral Design 2 phases.
2.6.1 RoaalFal, Design
rhe consultant wilr prepare tt,e roadway desigrn eranerrt for the constn:stiondocunents. The roaduray desiqn elq.ents ,ir:. ue corducted withi, ar.rappriexle lrDor stardards- An hteqral part of tl. r.adrray aesign wiu bet}re incorporation of CADD tedrrriques -to ttie proj ect ae.i!gt.
The. roadvray design eJ.anerrt will i,crtrce the preparation of the cover sheet,estfuEt€d quantities, typicar roadr,;ay sections,- detairs rerat€d to- roaaay
aesisn, pran ard profiles ard soss sesEions. rtre special pruri-sions arricost. esti,nates al= covered in separate rrtcrk elqrEnts oi tni= p'""p;;l
2.6.2 Right-of-Fay pLansncquisitim
the rynsuJ.Fnt w:i1l
.
prepa::e a ccnplete Lftodate ccngrter:_aided ricfit_lf_lray p1?n hcorporatirg tlre s.rbjelt
=t *rnit-;btrrs ,iAt_"t_way,. t}te e!?gGeq rigrt<f*ray Lietts, prcperty cr.lr6.=t,ip udju-ofu tf,"rcaerays ard tie before ard arter areas ,ir ir,e" artected -par61s. ltisplan yi:r irrorporate nainrire ard cresroad ri6rt-or-ray '""a--"Iir ur""identify any corstruction eassrent-s rEcessary. witr, u="irf.r,*-r.qo--mrryr,$e nryea right-of<ray wiLl be a".*liA for tlre ;rrrpose of 1egal,doq.mantation ard acqj-sitlon proceedirqs.
F* * prcpced corrstmstion li,nits ard estabri-strear right-of*ay needs,t e consultant will utilize pra,riorsly cbtairEd titLe irft.,*t1"" *natrT)Eiq:ls to secur:e rightrfr,ray. rhis'data lri1I be r"r*oraJ- t" -}tr,rr,.
District Rigfrtrcf+Jay Office for -direct Frd-"" offers.
2.5.3 D!:-aiEge plaDs
surface ard s:bsu:face drairnge feab:res will be designed in accordance withHiqr"3y D:ai-rage Grideti,,es, aesrno rgez, o-pt"r a oi the !trD.,r Road DesiqnManuaL ard qrrrert nnEc," practices. cLorarnation wittr p..ir= arlirrg.study corducEed try the city wiII be jlrportant. leneomri o:osion controlneasures wilt be incorporated into this plan. ^ sl"i" d;i;,- trrfrestoration ard speciar. contror strucbJres iflr b" "-:;="d-;'' iroviaepennanelrt erosion control witl.il the proj ecE. UJrdts.
2.6.4 Tr:affic CoDtrol plans
Barton-Asclmran will nrepare a traffic control plan i_n conjunction witlr thes-E:s3 Depa-rfrEnt of 'Transportation .rri ur; tity ot ctranr,ussen to fu,.r*dethe i.dentification of detr_Es, :"V t-,e".".y-riArfu; Gle"ra.y' d;,=ltnarki-rgs, tarporary ba:riers or flaggirg';a;;srEnts.
2.6.5 CottstructioD stag:ilry plars
the- construsEion stagirg plans for the crossroads wiII be prepared at ascaLe of 1,' : 100r. Ihi.s pla. will le cr:.ticaf t" -;d;.8 Luf f :."corgesEion ard n.intai,,jrg a sate frcry of traffic ,iu., .irir*t;;;y=:'
2.6.5 UtilitI ltefocation pl''ra
Thee fupacted. mrnicipal Sr,lclic utilities rrrtr-ictr require minor reLocation asof inplererrtirq the grade separated dmsroad aesign wiif. be
"di,=.E"d as nqce=ry to acccrrrDdate nenrr construstion. !r"j";.-,_f;r="""ltredesign to existtg rater al.s.tr:lrtion qg=t# or trtrnk ser^rer Iines, r.rouldbe ev-aLuated on a ca-se hy case basis a,,i &.r"iJ"r"a as extra ,"Drk.
The consultant will notify all private utilities affected ty the project ardcoordilate any nndification_s or- relocatiorrs as nay l" ar."""Lry.
2.7 PreBidt tcEivities
PIirS project advertisement, BarEon-Aschmanr.Dter?retation to contractors as necessary incoprehensive u-Uerstardirg of the proj ect.
will
order
provide planto provide a
TBSN 3.0 @llSlREf CE{ EIEDIEERII|e
Ihe foUcerirg servicpc will corurence after contragt a'nrrl:
3.1 Office ltrrineerirE
ga,*on-AschrEn will consurt lritr ard ad!/i-se the crient durirq construetionto resolve problsrs due to actuaL fi"Id ;!t'iti;; enconrtered-
tAsK 4.0 !{EI:IES'
rhe consurtant will atterd arr prcposed bi:ront,.ly. ard sllFplerEntar. nsetirgspertircnt to the tinefy corpfetion of Ure ;.6j ".E d"Eii d.=iq, p_"".Ihese rrr:,1-d i,cl:de rEetl,g-s. witn Urff ,- 6L - city of Or r.,t&",i urrfaffested utility ccrpanies arn fr:silesses,
x.^a C, Orttaor
Barton-Aschnan Associates, Inc.
III Third Avenue South, Suite 350
Mj.nneapolis, MN 55401
iQ-a cr,rq .a,or155
Minneapolis 0ffice
Clvtlo.rrl ^r.o loc^rra'r{:I hr(,t har( 6 to r{ |trrerrao
roduction
!.x,
DEIAIT DESCRIPNON OF COST ELEMENIS
500 .00 ,:'i -,rl: i
,: r:r:a '-- tti.:
CADD/ Su lles and re
t(r,lrlrorYrs)15I A
Princi al Associate
Senior Associa te
2 ,422 ,40
2,576.40
I
s7 coal (t)
s00.001
I
MTAL DIRTCT .UATENAL
120
80 30 .28
l. DrrC, r ltErr arr-i!. a E\tJk At
- n Crqsto t^at:
a. &.<cr{r,.ttD dtr.t
. OtNaa-(II lrE r ttlrrl
ar, tosl St.r.o^rD <C,ar{rc&q .rgrs
t. garcl a^bt (S2aift)
: tIt r.
C NCI:
. CsTcosl (3)
?OI I
131 cosl
ri ::.
CSllr.^rID
HOU15
,-^lEtlrout
L a rI!L4 c4ttr,Lo, (Prt.
Associate 300 17.90 5,3 70 .001;.: .,, iin^,iir:.j-i
Te hnician /+00 1 4 6 I 5 8 4 4 0 0 IClerical16I0.04 r60.64
IOT.| L DIR,ECT T.^EOR :1;: i.i'.,ij ,;6 3 7 3 4 4 IL.ra o i/,o o2r- r^rl I a^5f =tl, cosr /r,)
1.8578 t6,373.q 30,41 .58
TOTAL L,IBOR OVERIIEIO 0,418.5q!n q.l ttl ID'C 6.)tsl cost (t I
Ii;;:,,.:..-l
I
T.IL
'PECJAL
TTSTIXA :iql\:;;ii I5r!qrr {o Elt,a,,.A,t .t 6 9)
- Il^r<ro rr llOH
ls1 Cc61 (t ): j.:('rl:1 ::.i::lMileage x .24 (1ocal )72.O0 .la. atr ortr ci tuat6ttrc!t : ..:.. .,
|OTAL TRAI'EL I 7 2.00 IICOxrr.!.T (astcott(t)
).:.: I ! 1:.!-.
,OT,,IL CO \JJUI T.IJIJ ' 'r:1;Ar,.'IL
rq OT4L OtgECT CotT A:!o OyERHt^o
\ .{ .d, .a.-..t \tal.^t do ^orxrtt(r IrYa !rrtxft
rL ror^rrEJ.
t:
TOT4L E;TI.Y ATED CO'T
14,679.zotl0Z of lines 3 & 4l5
52,043.2Xt'T t TT DtorL oc 'T o ft to R o T
-
ATTACH}IENT B
CONTRACT PR,ICING PR,OPOSAL
( RESEARCH ANO DEYEI.OP:(ENT)
OEcc of Mrnrcmcnr ind BudcaApprovrl No.:9_ROts.
Thn /qt,;.. G..sx tri.! _/i, .!b6isn of <di o. Fiirs d.o (F fpR t-rro7-..,r.ob....v.;oe fo. 6. OprEGrI fo.E t9 i uttora< b7 6.(o..idE I ) L rqua.d ud I3 or6ccr. I tt!r?ua5 aotoa lt.'<I:t lo a{ rurto-to
Engineering and Design of
improvernents, Chanhassen,(s.P. 1002-51)
city cro s sroad
MlnnCsota
I _.-.-.-
tora ^roexr okro.ijr.r,.r
t52,043 .22
oqYl rqJcn
OtTlOr^L fO fL\< 6^0
q.rcr cotrt
I
I
Barton-Aschman Associates, !nc.
'111 Third Avenue South. Suite 350
Minneapolis, Minnesola 55401
USA
Phone: (612) 332-0421
Fax: (612) 332-6180
March 28, L989
lilr. Alan D. Gray, P.E.city Ergi.reer
Cit]' of Eden Pirairie
7600 S<ecutive Drive
Eden [fairie, MN 55344
L. t,-
Re: Request for SlwlsrentaL AgreglPllt for 1):urlk Hi$n*ay 5 Rigrt-of-Way arriFirn]. Design Ser/ices (S.p. 2701-34, S.p. LOO2-51)
Dear l,rr. Gray:
In rc.sponse to t}le Barton-Ascfman Associates, Incagresent regadirg the aborre subjest prrcjecE,letter to r:s a detail-ed ffuErrcial prcpcal.
we are herety subdttilg tlle requested ffuEncial prcposal btr l{ork task ardhave attadred tle @nttract pricrrg prcposal Forn 60, desigrntj_rg d"irect1abor, overhead, di::ect elq)enses ard fixed fee.
Ihe fo1Ic*rirg is a breakdc^.n kt, r,eork task:
TA.SK 1: Ttee fuventory coordiration arri presenration tectrr-iques (as percity tree repLacanent poliqf)
. rcquest for sLq)lerEntall,rlEf has requested ir a
$ 2,383.04
kj.ncipaL Associate (PA)
Serrior Associate (SA)
Asseiate (A)
Tectrrician (T)
Cterical- (C)
4
4
2A
4
1
hcr:rs
hours
hours
hcr:rs
hcur
b
Itsrta-l Estijnated c6t
lrotal EsEj:nated 6st, i t,7o3.g7
TASK 3: - Right-of-rmy pre-acquisition rrork ilclr.dirg pa:rcel doo.uentation,area .ca1suLaLion, l/Z section research and 1r l -50, rnappi ng for 62additional titles (122 totar titles i,, e:rrer ard nerurepin c.ri-rii""i
Barton -Aschman Associates, !nc.
l,rarch 28, 1989
?age 2
TA.SK 2: I)cee transplantlg pS ard E
PA 2 hcursSA 8 hcr-lrsA 15 hcur:sT-c-
lEtal Esti:mted Cet
IASK 5: Retaj-nfug uall design for NSp tcrEr
2 hcr.ms
40 hcrurs
40 horrs
2 hcnrrs
105 hcrlrs
480 hcurs
460 hcurs
16 hcrlrs
Tota-t Estjrnated Cct $55,807.69
TA-SK 4: verticar georetric redesign ir.hdfug ctcs-sections fi:otr stationL103+85 to station 7124+5s (s.p. 2701-34). ei per request of Eden R:airiecotnEil resolutiqr. rrrcorpor:ation or raerr pr:airie ,ajternain proi ect :-ntos.P. 2701-34 to tl. er.tent of rocatfug said utirity on oG"i..tior,=,tlpical.s, statglt?rt. of estirated quantiti-es ard stagirq-.
PA l-6 hcursSA 32 hcnlrsA 80 hcnlrsT 120 hcnrrsC 2 hc[r:s
PA
SA
A
T
c
$L3 , 468. 13
PA
SA
A
T
c
It taL Estirnated Cost $ 5, 108.37
Iotat Estjmated cost, 9t4,569.29
TA-SK 7: rllunirtated trail urrierpass do.igrn ard octension of tJ:ail syst€m tosouti of rnai-nUle in Ederr R:ai.rie
Barton-Aschman Associates, lnc.
l,larch 28, 1989
Page 3
T&SK 6: Design of taporary [pass
40
40
60
,o:
hcr:rs
hcurs
hcr:rs
hcrlrs
16 hqrrs
8 hcn:rs
50 hcurs
40 holrs
2 hcr:rs
TotaL Estirnated Cost. g 6,647.73
TASK 8: Sanitary ser.rer npdification frun force najll to qravity design
8 hcurs
24 hcurs
28 hours
40 hcurs
2 horrs
32 hcurs
40 tlcurs
100 hcu:s
80 hcrlrs
Irota.l" EsEirated Cost $15,213.07
PA
SA
A
T
c
PA
SA
A
T
c
PA
SA
A
T
PA
A
T
c
TotaL Estjnated Cct g 5,937.83
IASK 9: Redesign of nainl.ile arri profile to accomrodate l,la-rket BouLevard,Great Plains Bdfle\rard ard Dakota Averue in chan]Essen
Barton-Aschman Associates, tnc.
l4arci 28, 1989
Page 4
A. l,larket Bqil.e\rald SJR ard Signal Design
PA 16 hqr:sSA 24 hcursA 40 horrsT 80 hcursC 4 horrs
Total EstilrEted Cost
B Heritage Road sigrn]. ulderyrcrlrli
PA t ho:rSA 2 hcursA 4 hoursT 8 hcursC t h.xlr
Sherehon-€oodlurd-{aylor Inc.
Appraisal Fee (62 parcels)
Secord AFpraisal Conti-rgerqf
TA.SK 12: Title searctres
s 9,182.38
Irotal EstfuIated cosE $ eaz.Ze
Subconsultants
TtS-f. 11, _ Cordust apprais,t s in accordance witfr thEI pllcedur€sadditiornl" par:cel-s for 62
$4s,000
5. 000
$so, ooo
$ eoo
700
Gene Ro€enblun, Attorney-at-Ia{
8 tit.les at LOO. Ooltitfe
irrcludi.rg first continuation
Secord continuation conti_rgerry
$r' soo
Ihe total esEjlnated rst of ttr-is sr-p6:1anenta1 agEeqent is $182,358.78.
I'Ie wilr not o(ce€d c,r crrrrert br@et withcnrE, written autrorization frEm thecity of ftlen Pr:airie. t*4 or .i-=rri e..t""-A=d*"" print .ts, ri$lt_-of_uay ard road design has hldqet to approxi:nately May 1, 1989. fridge desiqndoes not. trave arryr orrrent n:aqet cd;Erai"G. --
TASK 10:
Barton-Aschman Associates, lnc.
Marctl 28, 1989
Page 5
As yci.r ]ancry, it will be fuportant to a&nilisb:ate thi-s rcquest in a tirerynanrer ill onier to avoid arryr irlterllq,tion to sctredr:le.
Respectfi:Lly s.tbrtitt€d,
, P.E,kfupif-l
Jdm c.an, P.E.
Vice Ees ident ardfts Contractirg Officer
DB^IruCt'I:lao
e U. ChristersenJ. PovidlJ. weirryartz (3)
ASSOqD(IES, INC.
f7.a
CONIRACT PRICING PROPOSAT
-( RESEARCH AND DEVELOP ENT)
Officc of M.nrgcrncnr :nd BudScr
Approvrl No.29-ROl8a
Ttit forn. ir for.ul. !h6 /ii rcb6n.ioD of-(o.r or p.ilih; d.tr (r. t?R l-l.60r_!) ir.cqui.d.nd/ri,r .!b'n.ution ,o. d. oFion.t rorn rg ir rgihotu.d ri li..l"-.II-i "m*,1.1 I
Barton-Aschman Associates, I nc.
1i1 Th'i rd Avenue South
11i nneapol i s, llN 55401
Sui te 350
8or.t oflr(t ADottss Suonl emental Agreementfor S.P. 2701-34, S.P. 1002-51
lLrtoa5 ^No/oa strvrctS Io tt
Iro.]IS) \fHtra wotr 15 to aa ttrrotr to
ili nneapol is 0ffi ce
qvrSror{sl^No !oc-^lol^r
^r.rouNr
or rroroi^r
r 182'358.78
GOV I SOUC[^iroN xo
ION OF COSI ETEMENISDEIAII. OESCRIPI
I DatCI ll ftn^t (rr.rt,. ox t\L$ A,rsr cosr rt,,TOTAI
tsr cos!Itrtt
tNct.
.. tUlCHAlaO t^rrs uc onUDeroes a n
,. turcoxn^crao llr i See Item
oTHai-l r,/ t^w r rlar^r
/,1,/ Your tt^!{D^rD Corr.trctAL I'trrs
/r,, r|{ttiDrvrsroNA li^xSteaS ( A, oth.r,t., .ot, )
TO|AL OI RE(T .U.ITERI 1L 4,
2. r
^raata owtHt^D, rR,r.
a. otatct wao. ( Strif, )ESTIM^TID
HOURS
I^TEl
HOUI
tsrcosr ar,)
Princioal As soc i ate
Seni or Associ ate
Associate i
97 .o 1
e 'i ca'l
Tech n ic ian
30 1
TOI"1L DIRECT LABOR
r^ror OvarHC^o ttr..'/t D.pldd.xt o, G)t &,t.,),tst co5r /li
1 .8578 0 r11.5 74 519.1
rOT-1L LA BOR OI' ERII E.1D 74 519 .sttcr^r rrsrr{G (thludot l.td uo.t.t cot..,x.,t ,N,t.ll!tio ,)5
ESr COSI rl./
TOT,1L SPfCI IL TESTI\G
(U An., .b!\.) (tt.s . .n f,\t,bn 4 )6 Itfcr^r tourr^taNr
asl cosr r t.l, tt^var (ll dt,..t .t z/r.t t Qur A.uttt o. ttta.t.d \.rt.dkl.,
,. lr^Nsroar^TroN
t. |tr Drr^ or SuasrsrtNct
to rtL TR lt El
I COxSUrt^|{IS lld.tnlr-ptrt.a-."n,asr cosr / l,/
1 500.0
dl A salsortr 50 000. 0
ror.rL ((r\r( l.l {\r.t 51 500.0t Olxat O|.Icr COSIs I lhdn. .. f\l,tb a !
TOt.1L t\Rf (T (otT A\t> ot.txuttot0
r r. GaNat^(
^xo ^D^.ftrirt^llvr arraHir rrir'r.% ./ t.n .1.-..t \.t
r 2 toY^ltlts .
tl TO t', <L tt rl \ <Tt.tt (o\ t.
I nes an
r5 loTll L\rt\tlttl, (o\l 1\D Ltt oR PRt)l tt
-
-
-
oPTto\At. roR \t a)
G.n.r.l 5.r\tr.t AJ,n'n,nLt^,.
I
|--'l-
40, 111.50
I
).F'l- ,L- 115
i D€PARTMENT
TO
PHONE
SUBJ ECT
STATE OF MINNESOTAMn/mlQerations Division
Golden Valley District.
!4ay 31, 1989
Jim Wejngartz
Consultant Agresents Engr.
Rocrn 720
Michael M. Chris
Assistant District
Pre-Constmction
593-8404
sp 2701-31, tooz-s1 rr{ s jn Eden erairie/.n."*=5.ljE'" PiAi't,E
Supplemental Agreecnent
Please prelxre a Supplernental Agreqent to l,In,/EI, s eristing contract
with. the City of Eden Prairie to provide Eng5-neering and night of WayServices for the above mentioned project. we have ievie,rred the lettlrfron Barton-Asctrman Associates, Inc.-to l,lr. Al,an D. Grey dated March 2g,
1989 and fild the estirEted costs to be reasonable. Irr assigningresponsi-bility for paying for these tasks, it becanre criticaL to revianthe timing of the changes and the depth of cqr:nit]lcnt to the ch.anges.After revi*rirg the tasks and their ielated correqrcndence it becamealIErent that the vast najority of the additiona.L consultant feesattrjlcutable to Eden Prairie, s porEion of the job were I,tnlFIresponsi-bility.
The tasks 9 and 10a were clearly assigrnabJ.e to the City of Chanh,assen
because the changes proposed jl charhissen were a direct. result of
Chanhassen's desire to corpletely restudy the najor street connect.ions
located in their City.
The City of Eden prairie wilI need to prepare a sul4)Iqnental agreonentwith B€rton-AschrEn Associates, Inc. totalU_ng $U0;858.78 (Si82,358.78less $2,500.00 of City r,raternai-n vDrk to be paid for under separate
contract, by the City) .
The City of Chanhassen will need to enter into al agreement with theCity of Eden Prairie to pay for tasks 9 & 10a. The total _cost of wh-ichis S24,359.45.
!&/Ef suppl<nental agresnent with the City of Eden prairie is
s155, 463 . 33.
See attactment "A" for breakdcnarn of costs, task b[, task.
Johny'xaa
cary
J. T.
M.M.
C. lfulLan - Barton-Asch[En Associates, Inc.
Grey - City of Eden prairie
Warren - City of Chanhassen
Povj.chlcarl Hof f stedt
Christensen,/clen EIIis
I
OATE :
FROM :
O{fice Memorandum
Mtf :mj j
)
ATTAGIMEII "A"
sP 27OL_34/\002_5t
BARTOI{-ASGIIAN ASSOCIATES, INC.
SUPPLM,EVIAL A@,EMBTT FOR TRUNK HIGI{IRY 5RIG OF !.IAY AND FIML DESIG{ SER\rIGS
VDRK TASK FIMNCIAL OBL IGATIOT.I
Responsiblitywork Task
10a
10b
11
1')
Sub-total
Total
1
2
3
MnlEI
2,383.04
t,703 .97
55, 807 . 69
10, 968 . 13
5,108.37
14 t569 .29
6 ,647 .73
5,937.43
4
5
6
7
8
9
..n>r 1P'-(o tlvt Lt
Sir\fc /tPP*/L.O,
1u U-.--,--1.
s2, 5oo
DrO pol
{r+ to t
$182.358.78 less g2, sOO. O(ritA\\E
Chalhassen Eden Prairie
2,500.00
15 ,2t3.07
9,182.38
$24, 395 .45
City Water l,Iai.n Vlcrk
OU tt^rtL"*,^^"'
AGREET{ENT SERVICES SECTTON AGREEI{ENT NO. 54918-1
ADJUSTED TOTAI, FEE S355,463.00
It[INNESOTA DEpARTI.{ENT OF TRANSpORTATf ON
CONSITLTANT AGREEI,IENT FOR
ENGINEERING SERVICES
FOR
FINAL DESIGN SERVICES
Supplement No, 1
to
Agreement No. 64918
between
The State of l1innesota, Department of Transportation
and
The City of Eden prairie
s. P. 1002 T.H.5
In Eden Prairie and Chanhassen
INDEX
SUBJECT
Parties to the Agreement
Explanation and Justi fication
Revision 1.0 - Services to be provided by the City
Revision 2.0 - Time Schedule
Revision 3.0 - payment to the Consultant
Status of Original Agreement
Approvals
S i gnature s
54918-1
PAGE NO.
1
1
1
3
3
5
5
It ^-/lv,
54918-1
This Supplemental Agreement made and entered into by and between the
state of Minnesota, Department of Transportation hereinafter referred
to as the "state' and the city of Eden prairie hereinafter referred to
as the "City'. Barton Aschman Associates, rnc. is referred to herein
as the City,s Consultant.
WITNESSETII:
,HEREAS the state and city enrered into Agreenent No. 6491g for final
design services, and
WHEREAS the State and City has agreed that
to complete said services, and
additional work is required
,HEREAS the state and city desires to continue the services of the
City's Consu.l-tant to accomplish this additional work.
NOW THEREFORE, IT IS MUTUAI,LY AGREED AS FOLLOWS:
REVISION 1 SERVICES TO BE PROVIDED BY THE C ITY0
Section 2.Q of Agreement No. 6491g is
read as follows:
hereby amended and modified to
2.331 Complete the right of way preacquisition for sixty two
additional parcels.
-1-
V
2.511
2.512r
2.53t
2.54t
2.542
2 .543
2 .822
64918-1
Redesign required geometrics including cross_sections in
Eden Prairie and Chanhassen to accomodate various
intersections.
Prepare a tree inventory coordination and preservation
techniques as per the City of Eden prairie tree transplant
policy.
Incorporate tree transplants into the plan, estimate and
special, provisions.
Prepare Signal Justification Report at l1arket Boul_evard.
Design signal system at Market Boulevard and underground
conduj.t and cable work for signal at Heritage Road.
Design Temporary Bypass
Design Trail Illumination at underpass and extend trail
system in Eden prairie.
Design and incorporate into p]an estimate and special
provisions a retaining wall for the NSp transmission tower.
Redesign Sanitary sewer from a force main to a gravity
system, incorporate design into pIan, estimate and special
provis ions .
Relative to the scope of services as Listed above, a more defined
description of said work is contained in the City,s Consu.Itant,s
Financial ProposaL dated March 2g, f9g9. Said proposal is made a
hereof by reference with the same force and effect as though ful1y
forth herein.
part
set
1
2.5L2
2 .827
r$/
64918-1
REVISION 2.0 TIME SCHEDUTE
5.0 of Agreement No. G4918 is hereby amended and modified to
follows:
5.21
Section
read as
The City's Consultant shaIl
required under the terms of
1990.
complete alL work and services
this agreement by March 31,
Section 6.0 of
read
REVISION 3.0 PAYMENT TO THE C ITY
Agreement No. 64918 is hereby amended and modified to
as fol-Iows:
6.11 The State shatl pay to the City as compensation in full
for the services performed by the firm of
Barton-Aschman Associates, Inc., the "City,s
Consultant", under this agreement the lump sum amount
of $355,463.00.
In addition, the foltowing entities shall pay the
following amounts as compensation for the services
performed by the City,s Consultant:
11
Southwest Coa.Lition
City of Chanhassen
City of Eden prairie
City of Chaska
City of waconia
County of Hennepin
s75,000.00
s74,359.00
ss0,000.00
s20,000.00
s15,000.00
s10,000.00
31 f. co
1.
2.
3.
4.
6.
-3-\}-
6 .2L
64918-1
7. County of Carver s10,000.00
The total compensation to be paid to the City,s
consultant shaLl be s60g,g22.oo. Nothwithstanding any
term or condition contained in this Agreement to the
contrary, the City sha11 have no obligation to do
anything or perform any act until and unless the State
and all of t.he other entities make the palrments as
required by this paragraph. In the event that either
the State or any of the entities fait to make the
payments set forth above, then the city,s obJ,igations
under this Agreement shal_l- be rendered void and
unenforceable.
If it appears at any time that the City,s Consultant
wiII exceed a total estj.mated payment of s60g,g22,oo
the City's Consultant agrees not to perform any
services that !.rou1d cause that amount to be exceeded
unl-ess the City,s Consultant has been advised by the
City that additional funds have been encumbered, a
supplemental agreement has been issued and that work
may proceed. It shalL be the resp onsibility of the
City to ori grna te all reouest s for additional
4
encumbrances. compensations and for supplemental
agreements.
,v'
54918-1
STATUS OF ORIGINAI A GREEMENT
Except as amended and modified herei-n, the terms and conditions
of Agreement No. 54918 shall remain in full force and effect.
APPROVALS
Before this supplemental agreement shall become binding and
effective it shall receive the approval of such State officers
the law may provide in addition, to the Commissioner of
Transportation.
AS
v,
'6/?/g-/
rN wrrNEss I,THERE.F the partj.es have caused. this contract to be duly
executed intending to be bound thereby.
APPROVED:
COMIRAqPOR:(If ^a corporation, tlro corporateort]-cers must execute. )
By
As to forrn and execution by
ATTORNEY GENERAL:
Title
Date
By
Title
Date
STATE AGENCY OR DEPARTMENT:
By
(Authorized S rgnature )
TitLe
By
Date
COMHTSSTONER OF ADI,{TNISTR.E.TION :
By
(Authorized S ignatI re)
Dat e
COMIITISSIONER OF FINANCE:
By
(r-ncumbrance CenterAuthorized Signature)
5
Da te
Date
CITY OF
EHINHISSEN
I'IEIIORANDU!1
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, i\4INNESOTA 5531 7(612)937-1900 .,r;U:,-
f ,;Im_TO3
FROM:
DATE :
SUBJ:
cV{N-'
Don Ashworth, City I"lanager
Engineercary Warren I City
September 2L, 1989
Consider Utitity Service to
Shorewood and Approve PlansKelIy BoserorthFile No. 89-21 (pvt)
Cedar Heights Addition,
and Speci f ications
c,
-- Ttzr/et _
The attached plan sheet calls for the extension of sanitary sewer
and water service into the Cedar Heights subdivision in
Shorewood. As noted, this crosses the City limits into
Shorewood. This parcel is unable to be serviced with utilities
from Shorewood and, as such, plat approval has been delayed until
the applicant, Iltr. Bosworth, receives approval from t.he City of
Chanhassen for sewer and water service. As noted in the attached
August 18, 1989 correspondence from the City of Shorewood, the
City of Shorewood has no objection to Chanhassen providing Lhisservice nor maintaining these utilities. Previous approval for
this service had been provided although it was ambiguous as to
whether water service was included. The roadway would remain as
a private drive as noted; however, the sanitary sewer and water-
main would become City of Chanhassen utilities for repair andmaintenance. Obviously, the appropriate trunk charges and useage
fees would also be collected from these respective properties
even though they would lie in Shoreyrood.
It is therefore recornmended that the City Council approve
extension of City sanitary sewer and watermain to service
Cedar Heights subdivision in Shorewood in accordance with
attached plan dated August 1I, 1989 with the following
conditions:
the
the
the
I
2
The utility construction shalt be in accordance with the City
of Chanhassen I s standard specifications.
Appropriate utility easement (attached) be provided to the
City of Chanhassen for the sanitary sewer and r,ratermain
Iines.
l4't
Don Ashworth
September 21, 1989
Page 2
3
4
4
5
6
Appropriate storm water drainage easement (attached ) be pro-vided to cover the storm water ponding area.
Appropriate roadway easement (attached ) be provided to aIlovrfor access t.o utilities for maintenance.
Appropriate permits be obtained for this construction fromthe Watershed District, Departt0ent of HeaIth and thelletropolitan Waste Control Commission.
The developer enter into a development contract withfor the installation of these utilities and providewith the necessary financiaf security ca11ed for.
the Citythe City
Extension of these utilities is to service no more than three(3) residential single-family lots.
1
2
3
4
5
6
7
August f8, I989 letterAugust 31, 1989 letterUtility easement.
Ponding easement.
Roadway easement.
Cedar Heights pIat.
from t.he City of Shorewood.from KeIIy Bosworth.
Plan sheet dated September 1I , 1989.
KeIly Boswor EhBradley Nielsen, City of Shorewood
Attachments
MAYOR
Jon Haugen
COUNCIL
Kristi Stovsr
Robert Gagn6
Barb Brancel
CITY OF
SHORESTOOD
18 August 1989
Mr. Don Ashrrorth, City ManagerCity of Chanhas sen
690 Coulter Drive
Chanhassen, MN 55317
Re: Cedar lleighrs Addirion - UEility Service
Dear Mr. Ashwor th:
Dr. Kell.y Bosworth has asked thet we wriEe to you regarding the proposal to
serve the above-re fe renced plat with utility service (i.e. sewer and water)
from Chanhassen.
This ie to document that Shorewood has no objection to Chanhassen providingthis service. Nor is there any objection to Chanhassen maintai.ning theseutilities within the pLat, provided Dr. Bosworth provides Ehe appropriare
easeEents.
Dr. Bostr,orth wilL have to provide Shorewood with lrritten evidence from
Chanhas sen, agreeing to provide said utilities. prior to his receiving approvalof his final p1at.
Thank you for your cooperation in this natter. please advise ne if there isanything else you need fron us.
SincereLy,
CIT/ OF SHOREI^IOOD
/)*(r-^-,(
Bradley N 1e Ls en
uilding Off ic ialCity Planne r,/B
cc: , Larry l,lhirraker
JiE Norton
Glenn Eroberg
Kel1y Bosworth
-..)
AUG Z:i l93g
CITY OF CHANHASSENA Residential Community on Lake Minnetonka's South Shorc
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 47 4.3236
KELLY B. BOSWORTH, D.D.S.
Family Dentistry
Sullivan Center
24000 Highway 7
Shorewood. Minnesota 55331
Telephone: \612) 47 4-4123
.il'ii,r;,!.lf+j
li ,I i.'l
r.irTl/V!,1 i
[:Jl r.-ii I,
August 31 , 1989
Mg.Gary warrenn.rCity EngineerCity of Chanhassen
690 Coulter Dr.
P, O. Box 147
Chanhassen,Mn 55317
Our letter of credit in the amountfollowing once we have receive<i theclarification of utilities.
SIP i: ig09
fiijijii,ll r,?iiifi iI j' i
of 1l08 wilI also becouncils approval and
Re: Utility Service to Cedar Heights Addition
Dear l,lr, Warrenn:
Would you please present to your City Council as we haveclrscussed these plans for improvements (ie: city ser"rer,water, . . . service. . . ) and proceed with seeking ti,.ii "pi_roval to provide such as was discussed and ai agreea i.Lin the combination and Subdivision Oeveiopment Agreementin 11/1987. please clarify a1t utilities Lo Ue pioviaeJas it seems to be unclear as to city wiier access. youshould have on file now permission irom Shorewood to providewater to this addition.
If approved we will proceed with proper documentation fordeeding this easement over to Cha;ha;sen so they can bemaintained by you properly.
Sincerely,
KeIIy B. Bosr^/orth
clTY CF CItAr]HASSi:-i
EASEMENT GRANT
THIS EASEMENT GRANT is made this /rl 62y 61 , 1989, by and
between Val entine C. Wirtz and Caroline S. Wirtz, husband and wife, residing at 1620
East Koehnen circle, in the city of chanhassen, county of carver, and state of
Minnesota (hereinafter "Grantor"), and John E. sayer and carole A. sayer, husband
and wife, residing at 20890 channel Drive, in the city of Greenwood, county of
Hennepin, and State of Minnesota (hereinafter "Crantee").
WITNESSETH:
WHEREAS, Grantor is the owner of the fo[owing described tract of Iand
situated in Carver County, Minnesota, (hereinafter "parcel l,'):
Lot 4, Block 1, Terera- Acres, according to the map orplat thereof on fileor of record in the office of the County Recorder, in ana for CirverCounty, Minnesota; and
WHEREAS, Grantee is the owner of the fo owing described tracts of rand
situated in Hennepin County, Minnesota, (hereinafter "parcel 2"):
The west 180 feet of the south 455 feet of Lot 124 Auditor's SubdivisionNo. 120;
and
The south 540.00 feet of that part of Lot 124, Auditor's Subdivision No.
120, described as follows:
Beginning at a point on the south iine of said Lot, lg0 feet East of thesouthwest corner thereof, thence East 22g feet to the Southeast corneiof said Lot; thence deflecting to the left 90 degrees 29 minutes ji
seconds, Northerly, along th-e East line of said Lot, aiistance of g50 feet;thence deflecting to the reft 95 degrees 3g minutes 2G seconds westeriy,a distance of 335 feet; thence deflecting to the left g5 degrees diminutes 10 seconds Southerly, a distance oT 9g feet; thence defl"ecting tothe left 25 degrees 45 minutes 58 seconds Southeasterly, a distance of- 6ifeet, thence deflecting to the right 25 degrees 25 minutes 34 secondsSoutherly, a distance of 122 feet; thence defiicting to the left g6 degrees15 minutes 30 seconds Easterly, a distance of |Z-feet, thence defleitingto the right 87 degrees 2l minutes 29 seconds Southerly, a distance of 54dfeet to the point of beginning.
WHEREAS, Grantor has granted and Grantee has received, by reason of that
certain Easement Grant filed october 13, lgg7, as Document No. g0ggg in the office
of the Carver county Recorder' an appurtenant easement for roadway purposes for
ingress and egress over, under and across the folowing described part of parcer I
(hereinafter the'rEasement premises"):
The Westetly 50 feet of Lot 4, Block l, Terera Acres, according to therap ol plat thereof on f e or of record in the office or it J iouniiRecorder in and for Carver County, f"fmnesotil an d .
*HEREAS' parcel l is an improved residential lot occupied by Grantor as its
homestead' Parcel 2 is vacant land and is subject to a residential deveropment by
Grantee; and
*HEREAS' Grantor wishes to grant and Grantee wishes to receive an appurtenant
easement over, under' and across the Easement premises for drainage purposes and
for purposes of instaling utilities and improving the Easement premises.
NOW, THEREFORE, in consideration of $1.00
consideration, the receipt and sufficiency of which
parties agree as follows:
l. Grant of Easement, Grantor hereby grants to Grantee, its heirs,
representatives, successors or assigns, an app.rtenant easement for drainage purposes
and to insta and maintain, or cause to be installed and maintained, in, under, over
and'/or across the Easement premises, utilities including, but not rimited to,
electricity, telephone, natural gas, sewer, water, and cabre television.
Grantee, its heirs, representatives, successors or assigns
and other good and valuable
is hereby acknowledged, the
2. Imo rovem nts.
shall have the right to make improvements to the Easement premises incruding, but
not Iimited to planting of trees, seeding or sodding of grass, and such other
landscaping as Grantee shall deem appropriate.
2
IN WITNESS wHERoF, the parties have hereunto set their hands the day and year
first above written.
c OR:GR TEE:
e
alentine C. Wirtz E. Sayer
9d,.td/",a l.--L.
J
)'cL
The foregoing instrument was acknowledged
1989, by Valentine C. Wirtz and Caroline S. W
Carolin e S. Wirtz
STATE OF MINNESOTA
COUNTY OF HENNEPIN
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This Instrument Was Drafted By:
Larson & Lambert
1000 Superior Boulevard
Y,layzata, MN 55391
Carole A. Sayer
before me tt i, /4JJ oay or aJ
irtz. husband
/h,*.. I
ss
)
)
)
and wife.
Notary Public
)
) ss.
)
The foregoing instrument was acknowledged before me this l**aay of
1989, by John E. Sayer and Carole A. Sayer, husband and wife.
---1.,)Cu",L [i ") ^',tlr.,
'/
Notary Public
ruj-A{lttrrU!,V]9.rr11i1,.1
M ILOR E rr A. l.!i!_Li-it
IiOIANY PU 8l-lc . uitil.lrolA
HENNEPIN CCUI,iTy
,-r*d$
x
T,
x
{r (o,n,.rc,$:j.,,.. ru..2C, lall :
J
ffi CARTER DeLAtTTRE
xoTAl? i,,llrc-rNlttsolA
HINNEPIN COUNIY
Mv concislion .xpi..t r.b. a,l99l
/
2L
0
ASE NT R
THIS EASEMENT GRANT is made this / t/ aay of , 1989, by and
between Valenti ne C. Wirtz and Caroline S. Wirtz, husband and wife, residing at 1620
East Koehnen Circle, in the City of Chanhassen, County of Carver, and State of
Minnesota (hereinafter "Grantor"), and John E. sayer and carore A. Sayer, husband
and wife, residing at 20gg0 channer Drive, in the City of Greenwood, county of
Hennepin, and State of Minnesota (hereinafter ,,Grantee,,).
WITNESSETH:
WHEREAS, Grantor is the owner of the following described tract of land
situated in Carver County, Minnesota, (hereinafter ,,parcel 1,,):
Lot 4, Block l, Terera.Acres, according to the map or plat thereof on fileor of record in the office of the Cou"nty i.1o.o"r, in and for CarverCounty, Minnesota; and
WHEREAS' Grantee is the owner of the forowing described tracts of rand
situated in Hennepin County, Minnesota, (hereinafter ,,parcel 2,,):
The West 180 feet of the South 465 feet of Lot 124 Auditor,s SubdivisionNo. 120;
The south 540.00 feet of that part of Lot r24, Auditor,s subdivision No.120, described as follows:
Beginning at a point on the south-line of said Lot, Ig0 feet East of theSouthwest cornei thereof; ttrence iait'zlzs r"J,'[" ri," Southeast cornerof said !9t; thun." deflecting to tte tefi-ib J"*."". 29 minutes 27
iqiH's"" jfl i:tiii{:tr,,*;r:;ry"!l*,.,'m:?;'}"1,1:i$,","'"".n:
1.9lt.tun99 or 336 reet; thence .d;flectG i;'t'il; iert 8s degrees 07mlnutes l0 seconds Southerly, a^aista.rce o? ST f;",; thence deflecting tothe left 25 degrees 45 minrrtes 5g seconai i.rtfl""*irfy, a distance of 59feet; thence deflecting to tne rigni-)ia-"s."li1i'.inutes 34 secondsSoutherty, a distance oil22. feet; ,f,"r* a"if'*rng'; ,n" teft 8G degrees15 minutes 30 seconds Easterly, a distance oi Zii""t, thence deflectingto the riBht 87 de$ees zt mtnuils zs s;;;r-i;;h";y, a distance of 540feet to the point of beginning. vvurrrlr r-
and
I
WHEREAS, parcer l is an improved residentiar rot occupied by Grantor as its
homestead. Parcel 2 is vacant land and is subject to a residential development by
Grantee; and
WHEREAS' Grantor wishes to grant and Grantee wishes to receive an appurtenant
easement over, under, and across the following described part of parcel I (hereinafter
the rrEasement Premises") for purposes of constructing, maintaining and repairing an
area for the drainage and ponding of water within the Easement premises:
An easement for drainage and ponding purposes over Lot 4, Block l,Terera Acres according to the recorded plat, Carver County, iu{i*".otr,lying westerly and southerly of the following described land:
Beginning at a point on the south line of said Lot 4, 135.00 feet east ofthe southwest corner of said Lot 4; thence deflect left SO ae$ees, 10.00feet; thence northwesterly to a point on the west line of said ioi +, Si.00feet north of said southwest corner of said Lot 4 and there terminating. --
Now, THEREFORE, in consideration of $1.00 and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
l. Grant of Easement. Grantor hereby grants to Grantee, its heirs,
representatives, successors or assigns, an appurtenant easement to construct,
maintain and repair, or cause to be constructed, maintained and repaired, an area for
the drainage and ponding of water, in, under, over and./or across the Easement
Premises.
2. Improvements' Upon obtaining the written consent of Grantor, its, heirs,
representatives' successors or assigns, Grantee, its heirs, representatives, successors
or assigns shall have the right to make landscaping improvements to the Easemenr
Premises including, but not limited to, planting of trees and seeding or sodding of
grass.
2
3' structures' Grantor, its heirs, representatives, successors or assigns sha,
not physically arter the Easement premises and sha[ not construct any permanent
improvements or place any temporary structures within the Easement premises.
4. perm its/Consen t. Grantee, its heirs, representatives, successors or assigns,
covenants and agrees that it shall not seek a permit from any governmental authority
to expand, or increase the capacity of, the drainage and ponding area beyond the area
and capacity designated in the plans for such drainage and ponding area prepared by
Sathre-Bergquist, Inc' dated August [, 19g9, as Job No. 933-l (copy attached as
Exhibit A)' without the written consent of Grantor, its heirs, representatives,
successors or assigns, which consent shall not be unreasonably withheld. Nothing
contained in this paragraph 4 sha, prohibit Grantee, its heirs, representatives,
successors or assigns from maintaining or repairing said drainage and ponding area.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
G N E:
Ientine C. Wirtz E. Sayer
7 lLLt tu'heI
Caroline S. Wirtz
STATE OF MINNESOTA
COUNTY OF HENNEPIN
arole A. Sayer
cknowledged before me this t4 day of S&^t,The foregoing instrument was a
1989, by Valentine C. Wirtz and Caroline S.
)
) ss.
)
ba and wife.
);tt.^-
@ CARTER DsLAITTRttlolltl ttralrc - rltxNtsot^
HENNTPIN COIJNIY
My .omninion .tpir.. F.b. t, J99l
3
Notary Public
0
STATE OF MINNESOTA )
couNTy oF HENNE'TN lss'
iff :;fiffirJt[:T::: E::.iif"J.fi.:"n1$"i$""il"- tni" ,@a^v ", !yb/,+
/1t^.\- , n/)
tuLu,+
Notary Public
This Instrument Was Drafted By:
Larson & Lambert
1000 Superior Boulevardt ayzata, MN 55391 i t-ihtn tro-.ti; tl, til
EDMILOR A MI tl-Effi0ufi,u8uc T Hit.I,n
HER t$€rr xc!um7
E
s
E
Co
\\
\
.'r
\)
q tt
' 8. The Grantee is the owner of the tracts of Iand situated
in the county of llennepin, state of r{innesota, .and. described as
.follows and hereinafter referred to as .parcel 2,,:
The West 180 feet 6f +h6 c^,r+L ,.c G^^L ^zAnaia;t*$ari"".l1i"1t8."ii8l 46s feer of rot r24
. ard
The south 540.00 feet of t.Lat part of Lot 124, AUDfTORT SSUBDMSION NO. 120. described as follows:
p:ginning at a point on the sourh line of said Lot,180 feet East,of the Southwest corner thereof,thence East 229. feet to the Southeast corner ofsaid Lot; thence deflecting to the left 90 d.eqrees29 minutes 27 seconds, uor€trerfyl-"1;;; G"-#;;--line of said Lot, a distance of 860 fe6t; thencedeflecting to the left 95 degrees :e minitJ;-i6-seconds Westerly, a distanqe of 336 feet; thence
Wi.rtz and Caroline S . wirtz, husband and wife, residing at 1620T
Ne+{h Koehnen Circle, in the City of Chanhassen, County.of Carver,
and State of Minnesota, (hereinafter referred to as the Grantor)
and John E. Sayer and Carole A. Sayer. husband and wife, residing
at 22230 Murray Street. in the City of Shorewood, County of
Ilennepin, and State of ltinDesota, (hereinafter referred to as Grantee).
The followirrg r.cit.l. of fact are a material part of this
initrument:
A. The Grantor is the owner of the tract of land situated
in Carver County, I,linnesota, described as follbws and hereinafter
referred to as ',parcel 1":
Lot 4, Block_I, Terera Acres, according to theduly recorded plat ttrereoi-oi rile and,oi-.J"J.ain the office of the County RBcorder in and forthe county of carver ana stai6 of ltinnesoti. ---
EASEMENT GRANT
THIS EASEMEN? GRANT, is made by and betvreen Valentine C.
T
I
t-
I
I
t
I
deflecting to the left 85 degreeis 07 minutes1O seconds- Southerly, a distance of 9g feet,.thence deflecting to the left 25 degrees 45rninutes 58 seconds Southeasterly, a distance of69 feet, thence deflecting to tff; ii"frt zS
legrees 25 minutes 34 seconds southeilv, adistance of 722 feet; thence defLectini'to tn.Left 86 degrees 15.minutes 30 seconds iasterly,a distance of 72 feeLt thence deflecting tothe right 87 degrees 21 minutes 29 secoidsSoutherly, a distance of 540 feet, to the pointof beginning.
C. _ The crantor wishes to grant and the Grantee wishes to
receive an easement over, und.er and across that part of parcel 1
described as forlows, and hereinafter. referred tci as the ,,Easement
Premises "
The westerly 5O feet of Lot 4, Block 1, Terera Acres,according to the duly recorded plat thereof onfile and of record. in the offictl of the CountyRecoriler in and for the Courity of Carver, State ofMi.nnesota.
D. Parcel 1 is an improved residential 1ot and occupied by
Grantor as their homestead. parcel 2 is vacant rand and is subject
to.a residential development by 6rantee.
NOw, TIIEREFORE, in consideration of 51.00 and other good and
valuable consideration, the receipt and sufficiency of which are
hereby. acknowledged, the following grants ,. easements, covenants
and restrictions are made:
1. GRAN" OF EASEMENT. The Grantor hereby.grants to the
Grantee, his heirs, .representatives and assigns as an easement
appurtenant to Parcel 2, a perpetual easement for roadway purposes
for ingress and egress, over, under and across the Easement premises.
2. USE OF EASEI,ENT PRE}IISES. Use of the Easement premises
is for the benefit of the owners of parcel 2., their heirs, repre-
sentatives and assigns
l-
I
3. ADDITIoNS To DoMTNANT TENEI,IENT. The Easement is also
appuEtenant to any land that may hereinafter corne into common
ownership with parcel 2 and that is contigudus to parcel 2.
DIVISIoN oF DoMTNANT TENEMENT. If Parcel 2 iS hereafterdivided or subdivided, aII parts shall.enjoy the benefits of the
easement hereby created.
5. PARKING. The parties hereto covenant that vehicles maynot be parked on the Easement preurises. :
6. pAVfNG OF EASEMENT. Grantee
rhe Easemenr premises ,ioh . ,,,;:;=i,r"."T: ,-:"::Tt::"I:'"'width suitable for use !y, moto! vehicles and.will at all timesmaintain the Easement preltrises in good repair.
7. WARRANTIES oF TITLE. Grantor irarrants that they havegood and indefeasibre fee simple title to the Easement premises.
8. RUNNING Op BENEFfTS AND BITRDENS-. A1I provisions of thisinstruaent, including the beneifits and burdens. run with the landand are binding upon and inure to the heirs, assigns, successorsand personal representatives of. the parties herein.-fN IESTIMONY WHEREOF, the parties hereto have caused thesepresents to be executed this Jy day of
198 7.
GRANTEE:
en eC.Wi
0"-.--t C
nE.Sayerh
o r.ne S.].rtz aro ayer
_i
I
I
_i
I
_l
I
-.,t
'I
STATE OF MTNNESOTA
COIJNTY OF HENNEPTN
The foregoing
ST]|,TE OF MINNESOTA
COI'NTY OF HENNEP TN
ss.
ins trument r^ras
ss.
)
)
)
Elflldav or
and Caroline S. Wirtz,husband and wife.
acknowledged before me this
, 7987, by valentine c. wirtz
..t
T u
)
)
)
l:, co.
The foregoin instrument qras
a X- day or
Carole A. Sayer, husband and wife.
acknowledged before me this. '
, 7987, by John E. Sayer and
bt-az
Notary blic
CnitriraiJ of f.cC
f-lij!. Ya\.$ fr:d,-751U I
q-.;u tolt1ltl ulfu)
r\A rt.,!\.Jrffvv\^.^A^ nAaa A/la,r ^A ^"
THIS INSTRUMENT WAS DRAETED BY:
A. II. Michals Law Offices100 Barristers Trust Building247 Thi-rd Avenue South :
Minneapolis, Minnesota 55 415(612) 338-8523
OFFICE OF COUNTY RECOROER
STATE OF MINNESOTA
COUNTYOFCARVER
Filin g Fee a
Thls ls to certlfy that thls documentwas fil cd ln thls of
of-OC.*.,_1911_A.
f ico en t helE-day
D.at,t"J6 o'clock
rA
^,r,rn
1r\ iaa A^ ^ ^T
.ra A AAl1 r
{ a\ uRoL J. sTocl{wttL 3
ffixmr*',T.$i:::1,,,1
/1. M. and was duly recorded as
document no. $CBg9
CARL W. HANSON JR.
,.:-,t( ta\::j and tran
- l3ti1
sfer
day
rg. 8l
Ente rht
o,
,1e+ren'To:
-Jqtr6 : Srlcr
aaa& rnur
E!^.r.,:..
.'lr*t
u-Z-
-a-
Jy
Co\.rnty Auditor
Deruly
EUGENE g
''t' . _'
".!,."'r,
I
I
I
I
I
I
I
I
I
q
ly
t
CHECK
o34723
o387 2 4
o38725
o3 6726
o3a7 2'7
o3B 72I
o34729
415. OO
411.38
99,913.2r
13,575. O1
303, ao
74.90
32, 986. 14
1,344 .23
--HAIHAS9EfI
I AT1 OUIIT CLAIMANT
ACCOUNTS PAYABLE O9-25-A9 PAGE 2
PURPOSE
AEC-ENGINEERS & DESIGNER FEES, SERVICE
AD}IASTERS PRINTING AND PUBLISHING
ALLIED BLACKTOP INC AI.JARDED CONST CONTRACTS
ALPHA VIDEO & AUDIO OTHER EQUIP}IENT
EARL F. ANDERSEN & ASSOC SIGNS AND SIGNALS
AQUA LEISURE INC SUPPLIES, EQU I PT-,IENT
BRI.I, I NC. FEES, SERVICE
8IG A AUTO PARTS SUPPLIES, VEHICLES
AND-SUPPLIES. EQU I P}1ENT
AND.SIlALL TOOLS + EQU I P.
BOLAND & ASSOCIATES FEES, SERVICE
BOYER TRUCK PARTS SUPPLIES, VEHICLES
SUSINESS ESsENTIALS, INC SUPPLIES, OFFICE
BUSINESS EXPRESS PRINTING AND PUBLISHING
CARVER COUNTY RECORDER PRINTING AND PUBLISHING
CARVER COUNTY TREASURER FEES, SERVICE
CARVER COUNTY TREASURER OTHER ACqUISITION COSTS
CARVER COUNTY TREASURER OTHER ACQUISITION COSTS
CARVER COUNTY TREASURER OTHER ACQUISITION COSTS
JI}1 CHAFFEE SUPPLIES, OFFICE
AND.TRAVEL + TRAININ6
THE CHATIOIS SHOP SUPPLIES, VEHICLES
CHA}IPION AUTO STORES SUPPLIES, VEHICLES
CHANHASSEN FAflILY CLINIC FEES, SERVICE
CHAIIHASSEN SECRETARIAL FEES, SERV I CE
CHAPIN PUBLISHING CO. PRINTING AND PUBLISHING
CHIPPE!'A FAR}{S ENTER. SUPPLIES, EQU I Pi,IENT
CLUTCH & U-JOINT SUPPLIES, VEHICLES
Park & Rec. Flye.E
Securtty System, Clty Hal l
Fan Belts
Park & Rec. Fal I B.ochures
a
c
a
a
c
a
a
a
o 38730
o36 7 31
o38733
o 387 34
o3a 73 5
o3a 736
o 38 737
o3a73A
o34739
o38740
o3a74l
O387tt2
o3a7 43
o3a 74 4
o34745
o3 87 46
1, OOO. OO
23. 44
176. 02
2,430. O0
20. oo
30, 192. 50
349. OO
396. OO
54. OO
302. AO
45. OO
30, o0
L2.20
243,OO
2nd half taxes, outlot C,
2nd half taxes, Outlot A
Lake 5!rsan Htlls t/est
2nd half taxe6, 0utlot A
Car uax, Pol lsh
Tal I gate p!otector
PhysicaI, Paul Krauss
Sadd I ebrook
Fox Hollo,,
No. slde parklng lot
Seed I lng Trees
I ltlll I trll
CITY OF
CHECI(
038 7{ 7
o3674a
o3€749
CIIANHASSEN
{ AHOUNT CLA I MANT
ACCOUNTS PAYAELE O9-25.AS PAGE 3
PURPOSE
a
c
I
tri. oo
34o.00
-i97. Oa
THE CODE REPORTER BOOKS } PERIODICALS
COLLEGE OF ST. THOI4AS TRAVEL + TRAINING
COMMUNICATION AUDITORS REP. & T{AINT., RADIOS
AND-SUPPL I ES, VEH I CLES
AND-OTHER EQU I PT,IENT
COPY EAUIPMENT INC SUPPLIES, OFFICE
CRYSTEEL DIST., INC. SUPPLIES, VEHICLES
DAVID BUSINESS T1ACHINE REP. & T1AINT., EQUIPfiENT
DAVID E DU}IMER FEES, SERVICE
EASTT1AN KODAK CO}IPANY RENTAL, EQUIPI|ENT
ELK RIVER CONCRETE PROD }.lAINTENANCE TIATERIALS
!I}I ENGELHARDT ASSOC, INC FEES, SERVICE
AND-OUTS I DE ENGINEERING FEES
FLAHERTY EQUIP CORP SUPPLIES, VEHICLES
FLITZ INTERNATIONAL LTD SUPPLIES, EQUIPT1ENT
GENERAL COII}IUNICATIONS REP. & }.1AINT., RADIOS
GENERAL OFFICE PRODUCTS SUPPLIES, OFFICE
AND-OFF I CE EQU I PT1ENT
AND.SUPPL I ES, EQU I PI1ENT
BETSY GLACCU''I OTHER CONST COSTS
GLENROSE FLORAL FEES, SERV I CE
GOPHER STATE ONE-CALL FEES. SERVICE
GOV'T. TRAINING SERVIcE TRAVEL + TRAINING
GEAPH I C SOLUTIONS SUPPLIES, OFFICE
DALE GREGORY TRAVEL + TRAINING
HAI{LINE UNIVERSITY TRAVEL + TRAINING
HENNEPIN COUNTY TREAS. LAND-PURcHAsE + ItlP
IAP}IO -HN CHAPTER SUBSCRIPT. + I,IEI4BEBSHIPS( lnternatlonal Associatlon of plumbtng & tjechanicat
INSTITU]'E FOR SUBSCRIPT. + T,IET{BERSHIPS
ENV I RONHENTAL ASSESSTlENT
Semlner, Jlm C., Scott H
CuttlnS Edge, Snou Foi I
Copler
Hetal cleaner & pol ish
I nte!nat I ona I Fi.€ Chlefs Conference
IAPA Course, J i,I C
Reimburse cost of moving & ti I ltnggarden, Lake Lucy Road l,/atermain ProJ
P lant maintsnance
Park & Rec, Coonls3lone. l"to.kshop,
CI tylCounty l{ana8enent conf. , Don AshL/orth
Nota ry Staop
I.
o34750
o38751
o36753
o34754
038755
034756
320.30
236. 00
I 14. OO
793.16
204. OO
7, 5 r0. oo
15.83
1s6. OO
270.9A
o3475 7
o34756
o3a759
o34760
a
o
c
t
t
I
t
A
o38 761
o3B 76 3
o3e764
o3 476 5
038766
o38 76 7
o38 76I
o 34769
25. OO
125. O0
186. OO
18. SO
1 , 063. 60
600. oo
622.76
25. OO
297, 35
2nd hal f taxes, pond behtnd
Lotus Garden Cen te.
Ca.l Barke, Jlo Thompson
0fftctals)
t
a
a
o3a7 7A Emp I oyee Rtght to Knou
lttttttttttttr ttttI
IAYABLE
\.{
{-
a
(-
+-
*",
r,
\,
CITY OF
C}IEC K
o3a77l
o 387 7!
034773
o3877 4
038 7 75
0 347 76
o38777
o3a77A
o38779
o387aO
03 8 741
o3478 2
o3a7a3
o 3a 744
o38785
o3a7a6
o 3a7a 7
o3a7a8
o34789
o3a 79 0
o3a79 t
038792
o3479 3
o30794
o38795
o34796
CHANHASSEN ACCOUNTS
r AHOUNT CLAII'{ANT
09-25-a9 PAGE
P U RP O S E
I,
1,
507,
742.
15,
200.
705.
16 7.
16.
ol
oo
oo
oo
o0
oo
20
oo
9t
50
KELLY SERVICES, INC. FEES, SERVICE
LAERDAL IIEDICAL CORP OTHER EAUIPHENT
LAKE RESTORATION INC FEES, SERVICE
TN CHAPTER APA TRAVEL + TRAINING
IIINNESOTA GFOA TRAVEL + TRAINING
HN REC. & PARK ASSN. TRAVEL + TRAINING
MN COMI.I/TRANSPORTAT I ON OTHER EQUIP},IENT
hEDICAL OXYGEN & EQUIP OTHER EQUIPHENT
}1ETRO SYSTET'S OFFICE EQU I PHENT
TIETRO I.'ASTE CONTROL CO},II,I REIIITT TO OTHER AGENCIES
},IINNETONKA PHOTO LABS SUPPLIES, OFFICE
HOORE SIGN SUPPLIES, OFFICE
AND-SUPPL I ES, VEH ICLES
I.'},I. IlUELLER & SONS, INC. TIAINTENANCE I,IATERIALS
NAT'L FIRE PROTECTION BOOKS + PERIODICALS
NORCOSTCO SUPFL I ES, PROGRAM
NORTI]DALE CONST CO INC AI.'ARDED CONST CONTRACTS
PARKSIDE PRINTING, INC. PRINTING AND PUBLISHING
PETER PATCHIN & ASSOC FEES, SERVICE
PRAIRIE LAI.'N & GARDEN SUPPLIES, EQUIPI'ENT
AND-REP. + T,IA I NT. , VEHICLES
PRECISION BUS. SYSTEHS OFFICE EQUIPTIENT
t,I PUTTERI,IAN & CO I NC OTHER EQU I PT,IENT
RADISSON . ARROI.,IJOOD TRAVEL + TRAINING
RAI1SEY COUNTY FEES, SERV I CE
ROAD RESCUE, INC. SUPPLIES, PROGRAi,'
ROAD RUNNER FEES, SERV I CE
SANCO, I NC I,IA I NTENANCE },IATER I ALS
Tenpoaary S€cretaa l a I Svc.
Ftrst Ald Supp I les
I nspect I on on Leke lllnneuashta
lrate.o i I f oi I
llor kshop I Pau I K.auss
Annua I Conf€a6nce, Too Chaffee
Todd Hoffnan
Traftlc CountE.s
Air Cyl lnders, F.D.
Furn I ture, clty HaI I
Euras ian C
c
Letterln8 Publ lc Sa!ety VehIcle,
Nameplat€ for P. S. Secretary
2, 454. 4 t
29. 30
101. A2
322, L23.77
44?.50
3,500. oo
213. 05
Grave I
Hal I oween Suppl les
a
C
a
Bas lc artuork for latterhead,
enve I opes & business cards
Laun [lore r pa.ts,
349. OO
1,547.02
114. OO
247 .95
49.75
69.80
Tape recorder
L, indscrsen for Tsnnls Courts
GFOA Conlerenca, Tom C.
Data P!ocess i ng, AuSust
Flrst Ald Suppl les
Ctty Hal I
I I tlll
I
a
a
CITY OF
C HECK
o3aal6
o3aa17
03a81A
2, 051. A5
264, 7 4
CHANHASSEN
T AI1 OUNT CLAI},{ANT
ACCOUNTS PAYABLE OS-25-A9 PAGE 5
PURPOSE
a
c
I
038797
o3070a
o38799
o38aoo
o38aol
o3aao2
o3aao3
o38 AO4
r00, oo
506.34
!08,50
50.20
9.95
t29.94
o3aa o 5
o38606
o 3a ao7
o 3 gaoa
0 3aao9
03aato
25. OO
123.3s
32.6t
505. 40
18. 6l
5a6. 69
o3aal t
o 38812
o38a13
036A14
o38al5
246. OO
I , 653. 55
1, 086, 05
4,73O.OO
7Lt.7A
GRETCHEN SHOGREN CLEANING + I.'ASTE RE}IOVAL
SII.'EK LUMBER & T1ILLUORK HAINTENANCE T1ATERIALS
SHOKE-EATER SUBSCR I PT. + }IEIIBEESHIPS
SI,' SUBURBAN PUELISHING PRINTING AND PUBLISHING
STS COI{SULTANTS LTD FEES, SERVICE
T I T18ER PRODUCTS I,IAINTENANCE TATERIALS
TRIAX CABLEVISION FEES, SERVICE
TRUE VALUE BUILDING CTR. SUPPLIES, EQUIPI{ENT
AND-T1A I NTENANCE MATER I ALS
AND-SUPPL I ES, PROGRA}I
Tt,IIN CITY I.'ATER CLINIC FEES, SERVICE
U.S, I,JEST CELLULAR, INC. TELEPHONE
U.S. I.'EST COHT{UNICATIONS FEES, SERVICE
UNIFORHS UNLI}lITED UNIFOR}'S + CLOTHING
VIKING SAFETY PRODUCTS SUPPLIES, EQUIPI1ENT
UACONIA FARX SUPPLY SUPPLIES, VEHICLES
AND.HA INTENANCE MATER I ALS
IIACONIA RIDGEVIEI.J HOSP. FEES, SERVICE
[.,ALDOR PUI{P REP. } HAI NT. , UTILI TY
I,.'ARN I NG LITES OF T,IN FEES, SERVICE
T,'ASTE MANAGEMENT. S A VAGE CLEANING } I.'ASTE RE}'OVAL
I.IATER PRODUCTS CO. MAINTENANCE HATERIALS
AND.IIERCHAND I SE FOR RE-SALE
LJESTI.'OOD PROFESSIONAL OUTSIDE ENGINSERING FEES
I.JILCOX PAPER CO. SUPPLIES. OFFICE
Z I EGLER, INC. SUPPLIES, EQUIPHENT
AND-SUPPL IES, VEH I CLES
CHECKS I.'R I TTEN
ToTAL 603,257,39
BadSes fo. Flre Sarshal, Asst.Publlc Safety Dtr. & pubtlc Safety Dir.
Cl eanlnS trest Ftre Statton
C€dar
F. D.
tr,
{t
It
ly
!
A
Fertt I lzer, Tlre & Tub€
Repai rs to LS 15
Recyc I lng
I
f
a
97
TOTAL OF
585, 973. 5a
104 CHECKS
a
a
g
llttttttttttttttllt
4 r,c
AEC ENGINEERS & DESIGNERS
511 EleYonlh Avenue South
Mlnneapolls, Mlnnesota 55415
INVOICE
Ct)cnt. 7D: CI{AN
P^o jec.X #: 5008-634 In W.t)-orL 04 100 PG SUttSte. Pedeataz
Spllp.rtoi.d-0ke, 76 gleeL a.t. IrtDCuoi.a
Ra.tz
55 .00
37.00
Invo.i.ce,. * 2037 atUSSZ-gqS*.ptene.r 13, 1989Pag- I
L -. l:iUJ
Hou,+a aaa*
U^a G. Ub,uen, P.E.e)4 oi Clunha,6-en
690 C<>u2.&.t DwLe
P.O, tux 147
Aatha,aen, l"N 55317
t_ Ititii11., -_:.i1:: :-i.:,t li".n!.1r!:-i-lii:!i, t LI l.
Cont\ac.X l,lunfu.,t : Fjle No. fuJl 58a
Pzole.oeionaL sp-as.rlce-a: 7/30/89 - 8/2b/59
FLe-td. In wr*ion
Joclt R. Ko2,brc.z
Tfu)nn 6 K. Quame-n
Tol-aL Pno@,++bna2. k l./-icp-a
Rdnbtz.abte. Expne-a
nika*
TotoL Amxnt. D-e.
Thanh Vott
4.00
t3.00
17.00
220.00
48t.00
7 0t .00
70t.00
Clto ge.
s
n 1.00
1t4.00
s 8t 5.00
+2€W e
Branch Offico: 13807 Villag6 Mill Drivo Midlothian, Virginia 231 13 804/379-3944
City Copy
Contractor CopyInspector Copy
APPLICATION FOR PAYTIENT
NO.1
Project I989 Street Repa i r P rog ram
Owner City of Chanhassen
Owner I s Project No.
Contractor AII ied
89-I6 Engineer t s Eile No.
Blacktop, Inc.
Application Date 9 /t8/ 89 For Period Ending 9/\5/89
STA,IE}IENT OF WORK
Original Contract Amount
Net Change By Contract Amendment
Contract Amount to Date
Total Amount of Work Completed to
llaterial Suitably Stored on SiteIncorporated into [4ork
Gross Amount Due to Date
Less 5 * Retainage
Amount Due to Date
Less Previous Requests
Payment Due this Application
Da te
but not
$
S
$
r06,328.59
0. 00
105, 328.59
S 105,r71.80
0.00
105,171. 80
5 ,258.59
99 ,9L3.2t
0.00
s
$
s
)
$
s 99 ,9L3 . 2L
I hereby certify that all items and amounts shown are correct forthe work completed to date.
By
By
(Name and T tle )I
Da te
Date
The work on this project and the application for payment have
been reviewed and the amount shown is recorunend for payment.
CITY OF CHANHASSEN
Da te
( Pr lec t l,lanager )
APPROVED f'OR PAYI,IENT
Or,.rner Cit of Chanhassen
1/u..bq
(Name and T tle )I I
Contractor A11ied Blacktop, Inc.
By ?4?
/z r
-J-J-. .
lli-1,---.rr-J--
1
)
\,fi/)
j"
i\
EHncQ.lr]dl,ti{l!
ilt,tl
iliiy cr f,t
MECIE
[iifrlilr[firi{$ triffir.
SEP OB 1989
DATE:
JOB NO:
INVOICE
54847
1989
7 -8902,
MINNEAPOLIS . oENVEF . PHOENTX .
,lir'll;;_i,:it. !I;: -.1.; ,i, ,;. .. ,- ,-,
TUCSON . SL PEIEFSBUnG
City of Chanhassen
690 Coul ter Drive
Chanhassen, MN 55 317
ATTN: Mr. Gary Wamen, pE
City Engineer
July 31,
I
7-890i,
62 -8903
Page 1 of 2
RE: North Side
Park j ng Lot
Public
INVOICE #3
For Professionar Services-rendered in conjunction with the preparation of afeasibilitv studv, site pran aJcrr".i.,"si;;";;;r"y certificate, pre)iminary
lji: "ro finar construction prans una ip..iiiiitions for *,e-r,roitI iiae'rarrins
Hours ljsted are for personnelcrrrcatton and pl at preparatjonproposal for downtourn serv i ces
hours jn conjuncti on wi th
and are bjl led hourly in
dated May 8, i986.
1. Feas i bi I it Stud /Site Plan Submi ttal s ( 7-8901 )
the fi na) pl an
accordance wi th
$ 5,790.92
and
our
spe-
j
/
I
I
I
,t
1
i
I
l
j
i
2. Site
No Work This Invoice.
Cert.ificate /Pre1 iminary Pl at
Em lo ee Class if i cat'ion Hours
Associ ateSr. Professional
Profess i onal II
Techn i ci an III
Techn i ci an II
Techn ic i an I
3-Person F'ie I d partv
2-Person F'ie I d parti
Sal ary Cost x
$2,895.46 x 2
OE
t7 .5
?7E
4.5
45.4
1.0
3.0
13.0
I49:?.
(x3)
(x2)
l.U =
.0
Reimbursabl e
lvli l eage*. ^Subtotal
Expenses:
$ 24. 30
$ 5,S15.U .:r,<,r,.,,
9r* ?'L
-"-
BRw, INc. . THAESHEB SoUAFE . 7oo THIFD SIFEET SoUTH . MINN€APoLIS. MN 55.15 . PHoNE 61zg,o,dl!ro
I
I
I
I
i
I
1
!
1
I
I
I
I
l
I
I
5 /,
:)
)
)
'\
I
-,J )INVOICE
54848
July 31, 1989
7-8901,7-8902,
62-8903
MINNEAPOLIS . OENVER . PHO€NIX T iUCSON ' 51'PETEFSSURG
City of Chanhassen
690 Coul ter Drive
Chanhassen, MN 55317
ATTN : Mr. Gary l,larren , PE
City Eng ineer
DATE:
JOB NO:
Page 2 of 2
3. P lan and S ec i fi cati on (7-8901, 62-8903)
Emplo yee Classification Hours
Pri nci pa1
Associ ate
Vice Pres i dent
Professional II
Profess i onal I
Sr. Technician
Techn'ici an III
Technici an II
Technician I
3-Person Field Party
2-Person Field Party
Salary Cost x 2.0 =
$13,085.02 x 2.0
Reimbursable Expenses :
Cain ous e
Mi leage
LPDR
De1 i very
Camera
Subtotal
(x3)
(x2)
$711 . 2s
67 .86
148. B0
70.87
2.10
$ 26, 17 0. 04
$ 1,000.88
$27 ,17 0 .92
LA UN 0
TOTAL BILLED TO DATE:
Feasjbi I ity Study/Site plan
Site Certificate/preliminary plat
Plans and Specifications
$11 , 635 .48
$11,596. 82
$27 ,17 0 .92
BAW, INC . THAESIiEF SOUAR€ . 7oO TBIRO S'FEEI SOIJTIi t MINNEAPoLIS, MN 55.15 I PIioNE 6I2,!:IGo/0o
o
2.0
34 .5
0.5
L2.5
93. 0
260.5
15.0
2L.4
264.0
8.5
6.5m:g
1
I
I
1
I
j
I
l
I
,
I
I
I
i
I
I
I
I
I
I
t
l
I
i
I
I,l
!
I
I
I
!
uY%
UI10
Bolond & Associotes
490 Eost County Roqd B
Moplewood, MN 55t t7
<612> 774-4481
Southwest Coa-lition of Communities
o/o Don Ashll'orth
Char*rassen City Hall
690 Coulter Drive
Chanhassen, MN 5S3fZ
lnvoice
September l, IgBg
For Professional Services rendered August, lg8g
q10 q 304
$jfoffio-
$ i.,oocs 'o
:.::P 0:; 19Eg
'-llY oFCHANHASSEN
-/-/ a Costnty of C$ser
rNvorcE
600 East Fourlh Streel
Chaska, Mlnnesota 55318
Telephone 448-3435 Exlenslon 281
0i140
MAKE CHECKS PAYABLE TO
CABVER COUNTY TREASURER
t
a a
Donald Ashworth, Adm.
Clty of Chanhassen
690 Coultier Drive
Chanhassen, Mn. 553L7
, /., LJ X(,4tl)- r'--'
DATE
9 /06 /89
DOLLhRSDESCRIPTION
30, 192 .I
1989 Assessment Services
Total Parcels 4,645 @ 96.50
c.D 1 I lOeO.- .. ,vvr,/
clTY OF CiJAtili,i.J.rj, j
30,192.
;l
:-l
J
_ -..,1
..-*,1
74azA Qoa/
50
a
sp;s 9106 /89
CENTS
TOTAL
tNvorcE
David E. Dummer
417 Santa Fe Trail
Chanhassen, MN 55317
t. tOn
-/lazy'
/ -lL "-
September 7, 1989
50tD TO SHIP TO
tb.f^
City of Chanhassen fu- B7-o 7
CUSIOMER'5 ORDER
nEqfg]!1. 75724
POLY PA|( (5O SETSI 7P72,I
DATE
0
0
25
5
SALES]IdAN TERMS SHIPP€O VIA F.O.8.
Clean roof, patio, deck, rain gutters & driveway
5 hours qt $15.)O/nr.$ 7s.
Paint Utility Shed t'til
2 hours at $ 15 .00 /hr .30.
Black Spray Paint (roof)7 #I
T
2 Quarts Pa int 7
te)s 114.
0I 1989iP
L:IIY OF CHANHASSEII
Op{urt 6*"" &p r,t
carrronrea
N-r
{ortn9^,r{y
..\ql'
o
To: 61gy of Chanhassen
690 Coulter Drive
Chanhassen, MN. 553L7
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
'€aaotolh'ng (: u.7inz" u
1IO7 HAZELTINE EOULEVARO
CHASKA, MINNESOTA 55318
(612) 448-8838
Job: Bnpi eri np Sert/i ces I nv. 1267 Date:9/14/89Bills Due U Pon Receipt P I ease Detach and Return
9/8/89 Inspection/Observation 31 hor:rs as listed below:
Proiect 87-16 - Cr:r ry Farms
Punch 1ist, reviera w/Jerry, observation of corrections3 hours @ $28.00/hour
Punch 1isE, review w/Jerry, observation of correctionsof Trnhole feaks, storm selrer, manhole rings, check saflitary22.5 hours @ 928.00/hour
Pro.ject B7-2O - Kurvers Polnt
Pro ecr 87-32 Lake Susan llill s
= s 630.00
56.00
$ 98.00
$ 868.00
Pro ect 87-31 - Co1 Point
Ties, 3.5 hours G 928.00/hor:r
clil 0r cfirflflr$$ril
mEtBEIlMin
SEP 18 i9B9 z%-
EIIGIIITERIllG OEPI.
Any amourrt 30 days or olCer wi I I be subject to a l-l/3-omonthly FINANCE CHARCE of an ANNUAL PERCENTA.GE RATE of l8%
h:nch 1ist, review w/Jerry, site review
2 hours G 928,00/hour
OAYSOver 30
$868 .00
SOver 50 da Over 90 davsCurrent
WILLIAM R. ENGELHARDT ASSCfIATES, INC.
o ver 120 da si
= $ 84.00
WILLIAM R. ENGELHARDT ASSOCIATES,
?onl a lli u g { r,gr',, ". rt
IIOT HAZELTINE EOULEVARD
CHASKA, MINNESOTA 55318
(612) 448 8838
tNc.
n ['1 wtq,
\'
TO: Ci t.y of Chanhassen
690 Coulter Drive
Chanhassen, MN. 55317
9 /B /89
Job:e
I ls Due Upon eceipt
Engineer (Or; 5.5 hours G $35.00/hourDrainage calculations
?-ob'
Inv.Da t e:
Please Detac and Return
$ 192. 50
o
clH 0t ctlt}tllNsEl,l
mE(EE[rqEh-r
SEP 1B lggg
El{0lilt[RlllE 0tPT.
Any amount 30 days or older will be subject to a l-l/l%monthly FI NANCE CHARGE of an ANNUAL PERCENTAGE RATE of lB%
Current lOver 30 days lOver days Over 90 days Over l?0 days
s192.50
WILLIAI,t R. ENGELHARDT ASSOCIATES, INC.
WILLIAM R. ENGELHARDT ASSOCIATES,
?on.ra//ing I ugineeto
I'IO7 HAZELTINE EOULEVARO
CHASKA, MINNESOTA 55318
{612) 448-8838
tNc.,a,tI
TO City of Chanhassen
690 Coulter Drive
Chanhassen, MN. 553I7
Job: Minnewashta Meadows
(rW-
Date: 9/L3/89
B
9 /8 /89
I I s Due Upon Rece i p t Please Detach and Return
Registered Engineer 2 hours @ S45.0o/hourProject management., review of estimates, misc.
Sr. Engineering Tech 2 hours @ 935.00/hourProject review, check quanEities
fnspection/Observarions (HF) 20 hours @ 92g.00/hrCheck street for laying of Class 5, placement ofClass 5 and verificitiS.r, meeting;'*7"o.,u.u"t.o.,overall si- te re vi-ew
$ 90.00
$ 70.00
$ 560.00
Inspe c tion /Observa tion
Review street. grading ,
(ct; 6hours @ $28.00/hr
me e t. ing re: blackt.opping
c!{At{flASSEt0
[Bllmwpn
$ 168. oo
lnspection/0bservarion (JN) 33 hours @ 928.00/hrPreparation of tie sheets, verification of Class5 1oads, check seed and mulch
Clerical 1.5 hours @ $15.00/hour
Preparation of assessment ro11, costs
2-man survey crers, 24 hours @ $60,0O/hourConstruction s t aking
$
s
$
$
924.00
22.50
500.00
I ,440.00
0f
rnra
tcE
?Ut1c $ :, zz+. so
sEP 1B 1999
E!{0HtERtfl0 0EPT.
Any amount 30 days or older will be subiect to a l-l/3%monthly FINANCE CHARGE of an ANNU,AL PERCENTAGE RATE of t8%
Current lCver 30 d ays lOver 50 days Over 90 days Over 120 days
;3.774.50
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
a
t nv. 127 0
{ii
TO:Cily of Chanhassen
690 Coulter Drive
Chanhassen, MN. 55317
366 3 Audubon Road, 88-208
WILLIAM R. ENGETHARDT ASSOCIATES,
'(o n.ttt //in 7 {,,gt'tt." r.t
]]07 HAZELTINE BOULEVABD
CHASKA, MINNESOTA 55318
(612) 448-8838
(,o tNc.
1 n" .L27 L Date.9/t4l89Bills Due Upon Receipt P.l ease Detach and Return
9 /8 /89 Registered Engi.neer 2 hours @ 945.0O/hourProject nanagemen!, site review, review of
es !imate
Inspection/Observat.ion, (DIS) 3 hours @ 928.00/hourTies
$90.00
s 84 .00
Inspect.ion/observation (HF) 24 hours0bservat.ion of raising of manholes,of cas ting, sidevalk insEallation,in sidewaLk, meetings w/contractor
Inspection/0bservation (JN) 2 hour sTie sheets
Any amount 30 days ormonthly FINANCE CHARGE
@ $28.00/hour
pa t c hing
check vashout
@ $28.00/hour
$28.00/hour
c 1e anup ,
$28.00/hour
mee t. ing s
67Z.OO
56.00
266.OO
112 .00
7 .50
$ 1,287.50
$
$
$
Inspection/0bservation (GT) 9.5 hours @
Check erosion conErol , sidewalk, reviewoverall site .inspection
Inspection/Observation (BA) 4 hours GObservat.ion of sidewalk installation,
Clerical .5 hours @ $15.oo/hour
clil 0t cllflt{llNsEll
mE[BEtltvllIlr.l
SEP TB 1989
s
$
uML
tH0llltERtilG 0EPI.
tfuf,
older wi I I be subject to a l-l/l%of an ANNUAL PERCENTAGE RATE ot lB%
Current Over l0 ta s lOver 5{ da S Over 90 da S Over 20 da s
wlLLIi\V R. ENGELHARDT ASSOCIATES, INC.
\
^;o
l{'1 "
WILLIAM R. ENGELHARDT ASSOCIATES. tNC.
€ons/linq f rrin."r"
1107 HAZELTINE EOULEVARO
CHASKA, MINNESOTA 55318
(612) 448-8838
TO!Cily of Chanhas sen690 Coulter Drive
Chanhassen, MN. 553L7
Job: Bluff Creek Drive Inv. L273 Date: 9/14/89Bi I I s Due Upon Receipt Please Detach and Return
PreparaLion of Assessment RoI1 = $ 500.00
17,
CH OT Ctlf,H}lfr$Tfl
[ilEAEllWtttl
sEP 18 1gg9
II{GIIIETRIHG DEPT.
-+
Any amount 30 days or older willbe subiect to a l-l/3Xmonthly FINANCE CHARGE of an ANNUAL PERCENTACE RATE of lB%
Current Over l0 days Over 50 days Over 90 days Over 120 davs
$500.00
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
WILLIAM R. ENGELHARDT ASSOCIATES,
'("n w /h ng f u,7i rtec t.t
1107 HAZELTINE BOULEVARD
CHASKA. MINNESOTA 55318
(612) 448-8838
rNc.
b+
I nv. L269
Please De t ach
3-?7,P
Date! 9/L4/P
and Return
plan dra f t ing
360.00
245 .O0
70.00
175.00
37.50
TO 3 City of Chanhas sen
690 Coulter Drive
Chanhassen, MN. 55317
Job:frontier Trail
Bills Due U pon Rece i pt
9 /8189 Preparation of maEerials, assessment costs,for presentation, meetings
Registered Engineer B hours @ 545,OO/hourEngineer (DK) 7 hours @ $:S.0O/hour'Eugineer (t{R) 2 hours @ 535.00/hourEngineering Tech (KS) 5 hours G 935.00/hourClerical 2.5 hours @ $15.00/hour
-+
$ 887. 50
Cffi OT CfiAHflAS$E}:
ljrE(BEIUE[l
sEP 18 1999
ffit0llltEillflG DtPT.
Any .amount 30 days or older wi I I be subject to a l-t/3%MONthIY FII.{ANCE CHAR,GE Of AN ANNUAL PERCSNTAGE RATE "i IEX
Current Over 301 a Over 5 Over 90 avsdavs davsOver l2
$8a7. t0
TILLIA,\,I R. ENCELHARDT ASSOCIATES, INC.
trlq';L
eRw Cop/
C:ty Copy
Contractor Cooy
lnspector Copy
APPLICATION FOR PAYMENI
N0. I tt,1f,,..
ProJ ect
Orner
TH 101 Rea I i
City of Chanhasse
gnment/La ke Dri ve
n
funer,s ProJ ect
Con t racto r
App I lcatJon Oate
0rl gj nal Contract &nount
Net Change By Contract Anendment
Contract Amount to Datb
Total Anount of Work Completed to Oate
Mul:lll] Suitably Stored on site but nottncorporated I nto l{o rk
Gross Anount Due to Date
Less 5 Z Retainage
Anount Due to Oate
Less Previous payments
Payment 0ue this Appl icatjon
No. CP 88-22 E 7-88r5
Northda I e Constructi on Co. , Inc.
9/1t/89 For perJod Endlng 8/3t/89
STATET.IENT OF I{ORK
$
$
2,203,278.38
0. 00
$ 2,203,218.38
339,077.65--_--
t
s 0.00
--_
$339 ,077 . 65
---
16,9s3.88
3?2,123.77
0. 00
322,tz3.77
$
$
$
$
Wt-
)Peter J.
Patchin
& Associates, Inc.
Valuation Consultants
14300 Nicollet Coun. Suite 240. Burnsville. lvlinncsota 5,i337 (612) .l-15-5999
TO City of Chanhassenc/oz Grannis, Grannis, Farrel-l &Knut son
DAIE 8/17 /89
INVOICE NO 8952404 Norwest eank Buitciingr
161 North Concord ExchangeSouth St. paul, MN 55075
Attentionl patrick Farrell
Re Burdick property
Chanhassen, MN
Complete market value appraisal of tots g & 9,\^rith analysis of acceis issues & r^7et1andrestrictions -
APPRAISAL FEE PER QUOTE
TOTAL AMOUNT DUE
}Lt'f4.,
s3,500.00
s3,500. 00
v
LIY
IHE AIIIOUNT OF l HIS INVOICE IS OUE UPON PRESENTATION THANXYOU
,l
o
20687
Clty of Chanhassen
c/o Willlam R. Engelhardt & Assoc., Inc.
110 7 Hazeltine Boulevard
4th Floor
Chaska, MN 55318
136140-09CUSTOMER CODE
INVOICE DATE dj
WHZ
6t!l
t-TO
Sept. 13, 1989
-l
_l_lL
PLEASE DETACH ANO RETURN OUPLICATE COPY WITH YOUR REMITTANCE
PLEASE REM IT TO:
STS CONSULTANTS LTD.
P.O. BOX 75077
cHrcAGo, tLLtNors 60675-s077
,rirlb /
S?ECIAL IIsTBUCTIONS:
I I Invoice period 7/30/89 thru
912/8e.
TERMS
DUE
UPON RECEIPT8935
SILLED THROUGH
el2/89
JOB NO.
94679-A6
OFFICE
Mlnnesota
CUSTOMER OROER NO,
10$r12.50
$1r2.50
Total -
$7.50
Weq
rtr^rrlttllro
RX: Laboratory services for Audubon Road in
Chanhassen, Minnesota.
Laboratory
Compressive strength of 6"x12" concrete test
cyllnders, 15 tests @
t\11 ur.*H,HP{ftss*$
X;i'i; .o**
$ltr'Sttt\tt'
St?I'
I
I
I
T
If you have any questions
please contact t{i 11ian H.
regarding this
Zander.a (612)
invoice,
559-1900.
AFTNANCECHARGE or 1l/zYoPER MONTH (18% ANNUALLY) rs rooeo ro rLL lNvolCES UNPAIDAFTER30 DAYS
l rruvotcE t!uruaen,
TOTAT*E XT E NStO t\ttUNIEPRICE}DESCFIPTIOiT
[BfinESr'
))MMUNICATIONS @
'1 ./ t) -)
AGn5-0019 ,(2.89)
INVOICE FOR DA}IAGE CIAIU NO, 89-2746.2
CUST ID ; 35593
REF N0:1 K BD34J4
DETAIL OF DATAGE:
DATE OF DAIAGE :LOCATION :
rE: oB /L8 /89: A80167
l|il 2 s B8g
CII.Y OF CHANHASSEN
$32.6r.
/3 oe
INV DA
INV NO
DAMAGED A 50 PAIR CABIJ ITHILE REPIACING CULVERT08-02-89
9243 IAKE RILEY BLVD., CHANHASSEN, I{N.
IABOR COSTS:
1. RIGUI.AR HOI'RS
$23 .34
UOTOR VEHICLE COSTS:
1. HOURS LIGHT VEHICLE $9.27
A OI'NT DUE 932.51
iKPAYABLE ON RECEIPT*
QUESTTONS, ,LEASE CONTACT CIArlrs .FFICE U S
'/EST
CLA,{S ON (5L2)g32-2823
l0ftf,Eg"
COMMUN\CATIONS @
RETLR.N PAYHENT TO :
US I{EST COM}IUNICATIONS
P, o. Box 13 01
I,IINNEAPOLIS, UN 55483
DETACH AND RETURN THIS PORTION IIITH REUITTANCE
UAIL CORRESPONDENCE TO:
US IIEST CI.AIMS
5959 SHADY OAX RD
I{INNETONXA, }{N 55343
INvoIcE DATE: Og/LB/Bg
CUSTOUER ID : 35593
REFERENCE NO: 1 KBD34J4
INVoICE NO : A8015 7
CIAIM NO : 89 -2i 46_25cET 1190219 3
TOTAL A}IOUNT DUE
CITY OF CI{ANHASSEN
590 COLUTER DRIVE
CHANHASSEN HN 55317
h
ft/-B!-fr,,,
,/
'en!.jou0 Professional Servrces, lnc
5 <'\ ao
ti,/,'ltcE
'ffir'Essn
August 29, 1989
Clty of Chanhassen
Clty Hal I
690 Coulter Drlve
Chanhassen, MN 55317
Principal Engineer
Sr. Construction Coord.
Construction Observer
1 .0 hours @ $75.00/hr.
3.5 hours @ $45.00/hr.
46.65 hours @ $39.00/hr.
TOTAL INVOICE
8525 Edinbrool Crossing
Erooklyn l%rk. Minnesota 55443
612.424-8862
FAX 612-424-7994
qn )o gO+s
ATTENTION: Mr. Gary Warren
INVOICE PERIOD: July 23 - August 26, 1989
PROJECT: Lake Lucy Road Trunk Waternain
For miscel].aneous professional servlces rendered on the Lake Lucy Road Trunk
Wate nain project ln Chanhassen, lncluding the summary of services shown, the
charges are listed be I ow:
gunmary Of Servi ces :
Preparatlon of pay,nent voucher;
Construction Clean Up Observatj.on;
Contract Admlnistration ;
Constructlon coordination.
1,
3
4
$ 75.00
157. s0
1,819.35
s 2,051.85
rli'iT !l i;i;:r;riii;,*,1:i
liiir: il rr
Si-P i i iiti.)
s'n:,l:trii r'F-i1' t:: -- ',?1'
:' lJ
j
'rli'l':i.l_,rl,il .r;.1 { '
67-4r
Lake Lucy Road Trunk Watermain (4-72231
lnvoice No. 8215
u. IY :F CsAi\HAsSliJ
i-ll')
ItE
)ry
Work Activities On Trunk Watermain
i
t-
]FIANTASSEN CITY COUNC IL
SPrcIAL MEETING
SEPTEMBER 13, 1989
Mayor Grniel called the meeting to otder at 6:30 p.m.
COUI.trILM$AERS PRESENI: l'4a]ror Cfmiel, Counci lman BoI.t, @uncilman Vfr)Ijknan,Courrc i lwoman Dimler and Corrncilman Johnson
STAIT' PRESENT! Don Ashwol:th, Jo Ann Olsen, paul I(rause, Gary Warret and JimCLtaf fee
-t
{
ZONING ORDINANCE AI'IENDMHVT M@IFYING ZOI{ING RESTRISTIONS AND TPCATIONS EORCONVENIEI\EE STORES, GAS SIATIONS AND AUTOI4qTIVE SERVICE SrEtrOHS,
-iiNST
READING.
Mark Koegler: I should ccment it's nice to address 10u during the daylighthorrrs' r wi, be fairly brief in terms or i fiesentation because r know rro,have a lot of itsns to get throrgh this eveniig, even starting *r.,"n l.,r*ui! ]Cover naybe jnst a little.brief backgro,rrd on ihat t€ have done to qet to erherevre are now and then crertainly invite conments and direcEion,-oi i;.il;.direction frcm the citv gour;i1. this issue of convenience stores started inaborrt ."cgnber of lgggi At that time steve Hanson being on staff had preparedscrne marerial. worked with rhe
_
planning cormissionl--nitr, i,i""il.,iini , *"*.invorved earlier this sr.mmer an. essentiarry i<ina of picked rqr sone of thepieces where sreve lefr off. r want to ;;fru;iru from the @innirq tle draftor:dinance and aII of the supporting **no.aiou that yorr n.r"-ii-ir"rl,pu":.ut i=basicarr.y evolved out of one- centrir pr<nise .na r ir,nx it'" :.i'poidnl to notethat.at the beginning because r gatlei from rooking at the Minutes from the rastsession thatrs perhaps wr.rgle gon6 0f the disagresnent per haps lies. Ttre pranisewas not to ,-eg,laEe specific rocational criteiia ro. "on""nl"n""-Iyp.'"to..=,The consensrrs of the planning comission was that that was a free marketdecision ard :ro'don,t regrrlite the nr.mber of florists ". th. -;ar"b;;-;;
restartr-ants or whatever ap tfreV took the approach of not n."..s.liiy--identifying rocationar ".iteria'brrt .uti,"r,-ii-J=tabr. i sh an ordinance thararrowed convenienc,e store rocations consistent wi{r 9te pr.p"*" "i-af" specifi.czoning districts- Tha t p,:snise was reached, as r indi.cated, after discrssion ofa number of alternarives arrl included amorg Ehose alrernati;";-;;;.;;iion"
=u"nas the geographical criter:ia. ycrr can,t L,ire .o.. than r per z *ii.-iJalu" o.Ili!::::..t!:trnisht be. .rn disc.ssions, rhar was viewed al-u.irq--;,.ii,"tarDiEt'ar], In thj.s case given the fact thaE land _rlses can vary fairly widely in aI mile circre. yor can have the intersection of major arterials ocrrrrrirg inthat distance and it r€s not seen necessariry to be a varid criteria. Ir I canhave. Jo Ann trrrn on the overhead, what trappe-nea then as u au",,ii-of-tfr"'conmission's discrrssions is took a relook'if vorr will "t trr.-"iJliunc-e-anaalmost set rrp a heirarch], tlzlte of schsre of aerining firist of uii lr=-roningclassifications which range an:,wtlere from GD, if 116 want to *:, Oo-,, -L,
f f =..,,down to neighborhood bnsiiess it least in tenns of intensity .ru ".ri6.
'-wi-tn-,
cBD being the distr:ict rrtrere. yorr obviorrsry want to unphasi ze higher anplolment.Yotr want to anphasize rrses thlt vorr think'are .o.o,,"ii.-to a.;i;; iffi u."u=.on the reft side then looking at the tlpes of convenience stor-es u,trer6'r^re, ve gotconvenience stores without gas prmps p"i nup" beirq the least intensive arrr goingto what was classified as motor nret ltations as being the most intens;.ve, .galnvre get this heirar:chv schane workirg in tr.,o directioni. r'. ."r"i"n"i[ th.chart that's on the icreen right noi rt;"t-,-*"^i..t of the mqnor:andrm that v€s
I
Citl' Council I'aeeEj.ng - SeptembeL 13, l9g9
in 1'orrr packet. r've shohrn on that the existirg zonirg categories ard theproposed categories that the pranning conmj.ssion rrrtimitery 6ane rrp with. !.lhatit erds up beirq is an approach that attqnpts to regurate lonvenie-nce storesfirst of all by defining thern. 'Ihere's definitions for the convenient stor-esboth with ard wihhout gas prmps ard then vou move into the auto service stationwhich is, in this particurar case, a facility similar to the Amoco Eood shoptyIE approach where the.main prrsh is to serr gas ard then the finar one beiigthe more intensive, similar to car:y Browr's olEration right now that hasmechanicar services ard so forth. so tbe attqnpt was to define which of thoseuses should be permitted in t}le variorr districts. !,lhich should be condiEionarard whiclr should be totalL], excluded. Ard again that was arrived out of thispranise_ that the pltrpose was not necessaril:, to actrullv regulate the nr-mber ofthese thirqs ard noE to sal, that \rou canrt have 2 on a corner or 3 on a cornerbut to say that malbe scrne of them don't berong in the dokntowl area or sqne ofthqn donrt belorg in the neighborhood businesses. As a forrow-up r tEve lookedat ordinarces throughout the IVin Citlr area with a concent[ation on scrne of thedevelopirg cities whose ccnposition perhaps is more sj.rnilar to that ofCtnnhassenrs. Ihe Eden prairie, l4aple Grove, Egan, scrne of those t]Ipes ofcomunit!' to see what approaches tlrey take ard it varies quite fiteiifl), frqn anapproach like the City of Bloornington that really treats these verlz casiralll, arrJif you meet their corditional rrse criteria, y,ou,ie fine, to proUaUiy the mostspecific approach again takes more of a distiict tlpe of definition in sayingthat convenience stores are only appropriate in ceiiain districts. Bden prairiefor exanple arrows thern onry in neighborhood brrsiness distl'icts and onlv inhighway business districts. Now that does terd to begin to limit thsngeographicalllr becarrse in their conpr:ehensive plan they state that aneighborhood business district shorrld ocrur at- probabr! no more freqlent thanone mire interval,s so vorr have to a certain degree sorne restr:icEionJ in thatregald brtt then the:, also allow thqn in the highr.r:ay br.rsiness district whichdoesnrt farl ruxler that same king of geographii type of appr:oach. so r guess rruortld assrrne it's appropriate this evening to clarify with the councir what yourdirection is and what vorrl interests are ind if it clrhinry is different thinthat that evolved aE. the planni-ng conmi.ssion rever, ure can take that back to thePlanning conmission wiLh perhaps sorne more clear statqnent on orlr parE to thernof wrnt your end objective is and wtrat it's going to take to achieie that. sowith that I',Ir. l4alror I $Drrld Srrggest, I,LI kird oi terminate conments ard reactto anl, +lestions orj conments that lr'orr might have.
l,lalror Gmiel : Anlz disctrssions? An:/ qrestions?
cottnci lman Johnson: rroking at GD as an exampl-e and saying that we don't wanEan], kird of gas punps in the downtotn'n business district. To me thatrs aconvenience for the people vrho rnor k downtown to be able to grab some gas. Inthis particrrlar location it doesn'E rnake much difference beca,rse '"e hivebusiness highway right behind thern and plent'}, of gas stations. Brrt in general ,if we're ever to expard or develop a different bniiness district cLassiiicationsomeplace, wtrich r dor ct v'e r^urld, it'd make sense to me to have fnll servicesavailable fo,( the people within the district. If r,e had a larger GD area, it'dmake sense to have gas pr mps there so people corrld get gas brrt in orrr particrrtar
case with onl:, one GD ard it's verl, enall, with pLent!/ of gas siationl allal-orrrd it, ard when there's alLead:, a gr.ardfather:ed one within it, then I don,thave a 1ot of problsn.
t'
t-
I
2
I,la,.k Koegler: phi losophicatll, I gr@ss Counci lman Johnson I would agree with
{ i::. I:,,. So.E?. downtown uinneapoi is, iE,s ha,:d to find u g."-"r.tio^. therjeil are a tev, ard thet'.e are tj$es erhen lrou need it brrt this ugiir, ,as tailored moret :ryf:"$iir? Oranhassen's existiig land ,rse parrern ."d-p.oiu.t.a land rrsea lEttern whrch srrrrourxls the CBD with highwa), brrsiness, with-geieral conmercialSO vOU. . .
Councilman Johnson: I ran olrt of gas in dovintor.er-t Minneapolis a wfrile back.Thatrs where corment cqnes frcrn.
Mayor Gunie]: In doerntoMl here of coruse, vou,re only within 2 blocks of astation.
City Corrncil l4eeting - Septembel: 13, 1989
Counci lman Johnson:got one convenience.
Mark Koegler: yes.
Yes, and tre've gone one that,s alreadlr here. I€,ve ab:eadv
l.low does that beccme a non-conformirg use then?
t
counci rman Johnson: wttat riDurd happen if for scrne reason thel, shut do*l theirgas pumps for a lzear?
Jo Ann Olsen: Ttrelr rrouldn't be able to oIEn q: again if they closed down for ayear .
Counc ilman Johnson: I dglrt know why anlzone rlould close down for a lear but ifthey had a fire or scrnething, they corrld rebuild.
Jo Ann Olsen: ,.bt if over 50? has been destrol,ed.
l4ayor cLmiel: so with a 502 clause is what yourre saying? rf it's destro_vedbelzond 508, they can't redo it?
Jo Ann Olsen: Right.
Corrnci lman Johnson: A non-confoming tse is more than 50? destro:red.
I'h1tor Clrniel : Right.
counci Iman Johnson: BecarEe I'lr tell yorr what. rhat rittle gas station on thecornor there does a barg up brrsiness. I donrt know how,n..r1, girlor," the1, punpbut thel, prmp a lot.
l4arak Koegler: rhey have the advantage of having hisEor:icarly a gas station onthat site also. scrne of us rrsed to go to the Mobil station lrrer6 reg,rtaru,.
Counci lman Johnson: Of Corrrse the}r,Ve been gone fo}_ 2 ]rears befor-.e they gotBilr. r'd think u,re'd at least want to put ai a conditi-onal ,rse in trrat- to meit's togicat if that did brrrn ccrnpletell, down to r:ebnild it as it uas.
Corrnci Iman Worknan: Which one are rne talking aborrt?
CorrnciLman Johnson: The Br:ooke's. If Brooke's brrrned down,would rnE aLlow thsn to ltave gas prrnps if they rebuilt? Underwotrld not.
totall], brrrn down,
this charge, rne
3
L
City Cormcil },leeting - Septernber 13, l9g9
Councilman Worknan: I\,ta]rbe I can simpliflr this. In goirg frqn tlre intent fromthe previors council, and Ja:, and Bill cin help rrs a-litile bit, rnrtrat
-are
r,retryirg to acccnpr ish in a simpre statsnent? rfrat are $E tryirg to accompl i shand so therefore r'1ark, r.mder wha t direction did 10u feel you r,6re Eying toacconpl ish scnethirg arrf are v,e doirq that? r tfrink *";.. t yirq to'iirnit tt*nand are *E doing that? I guess if r,,e can't do it, this is ari iisi-a irnch ofhot air but r guess the only real, if vra can't contror thgll ard v€ canrt terltrEoPle not to put them here, urhich again r r ve stated that r rm not so sr.lre rreshould get into that business. Brrt ihen we're tryirg t" .."t.i.i tn n. I guess.the only concern that r'd have is wr.re !€ have tie uiggest probren G ,rnderBusJ.ness. Neighborhood, convenience stores with gas plmps. Other than that, Imean brrsiness, general business district. Ihel,ire proiaUfl, goi"g to be allovedard therers not a whore 10t of space for that i^p,.y. Are rre acccmpr i shing whatlre're trying to do here?
councirman Johnson: the other thing werre trying to acconprish is a definitionof what the heck a convenience store was becaise it wasn't defined ard that'sdone raell in here. r rike the definition of wlrat a convenience store is. Thatone worked out. At reast it's defined now instead of it was ambigrrous. emocosays r'$e're not a convenience sto,.e. hE're a gas station that .jrsi happens toserr panlErs, but that doesn't make us a conv6nienc.e store. afo ir,.iEi= u"nn.arguflent over wr,.t is and what isn't and that $,as one of the biggest argunentsas to what just to classify thsn as.
corrnc i lman !'trcrknan: so he'irg no longer t'ying to restrict having our eighthconvenient store tytrE operation?
Cormcilman Johnson: The previ.ous Corrnci I wanted to, the:, had the feeling thatue would have 4 convenienE stores.or potentiarly 5, another one where th5 r,egionis, in that intersection. that did ^ot s..* ri-ke a rogical thing io ao u,rt inthis we've got brrsiness highwal, so thel,,re allowed ther6. iOp, "i.
-Ln"y
alLoh/edin IOp?
Counci lman Bolrt : lo ,
Counci Iman Johnson: They,re srrrr:entl1r not even allowed in IOp so \rou coul-dn,tget 5 on there becarrse the corner is Iop on one side of that interiection. Thespecific intersection that this \,,ras brought rrp on, which is the tunoco.
l4ayor Grniel: I think the intent probabry f):crn the other council is the factthat the aesthetics of having as min1, on i specific corner is real-lv whatthey're gettirg at. Itrs not _very pleasant sigkt to ="" unf "=r
-}ror.,i ..-'i,lnningotrt of gas. rt's convenient for the motorists on the highway urri yori rrave totake into consideration the aesthetics is scrnething that- the'peopre -*itr,in tn"ci t:' are going to have to cont.in.e to rook at and ther:e have been rnanv citiesthat have gone to Ehose kirds of locarions of ma1,be a on.ri ;-;;;;; f,""u,l="-rE.'s a good rntersectlon. BecarEe itrs palrable but at the same, and itrs aIE:,ing sitrEtion for thsn but at Che same ii*", to,, Iook at the sarne corners nowand. those gas stations are gone.,.In ml, opinionr-from wtra t tne1r, ve gone- fr:orn tolooks a tot better than what it did whin lney nio 4 stations.
cottncilnran Johnson: Right now at, wrrat is it, 15 and 5r out towards I\b.nd?There's 3 gas stations and a bank. Arr 3 sesn to be gettirq "no,,gh-I,i"in""" to
t'
r
L-
4
City Corrncil },teeting - September 13, I9g9
stay in there. 15 and 19. yes, 15 and 19. Ht,.srcIl, busy intersection.
corrnci lman lrtrcrknan: Rrt is I'hrk's report, I4urk are lorr basically saying we,vegot the definitions for convenience slores ard gas siations ara welre not aoingu, qol: Iot of changing fron wtra t. tLre original states. I€ haven,t changed awhole lot?
l4ark Koegler: yeah. r think that's the Lrnderrying thing that has to be broughtor.rt here_is.that the approach, the q,a:, it evolvld, -ended ,rp beirq not ireccnmendation of changing- a..10t_. chinginq sone districts-a titite uit. Mdingscrne definitions to control the tocations of tnese uses brrt not to contror thenunbers. As I read throrgh scrne l(in.tes fron the rast session, r know there vJasat least scme interest expressed of should ,ne be controlrirg tte n*,,raa" ard thel,lalror just brought it out now, do rr= want 3 of these on an intersection or 4 ofthese on an intersection. r know of an intersection in phoenii tr,ai r,.s : outof the 4 corners with the same convenient store. The same one.
Counci Iman Worknan: Three FDe,s?
l'lark Koegrer: three pDQ's in essence. r forget the name of it but ve beenshown a photograph of that one ard obvior.rsry fhat,s not what you're ifternecessarily but that t s wtry I guess, I think Don srlggested r^,te
-originally
r.!e meetthis evening to determine if you're erd objectlve out of this is different. If1,ou're looking at nurbers, raE'll need to go back and scratch our heads and seehow that can mal,be be achieved ard bring that back to you. again, ihis-was moreof a free n.rket approach of saying if, the ccnment sta ternent -
1ou hear, r atterxlenough Council meetings ard so forth, brrsinesses have a right -to
"irc"""a urObusinesses have a right to fair. rhis kind of takes that ipproach that says themarket, if the), sa], 3 of thsn wilr wor:k there ard if it meeis a[ *," Cit.'"criteria for uaffic. Ttaffic flow for sight considerations ana so rortnl tneyrnnrrld be allowed to go in urrler this kird of a treatnent so if that's not thedrrection of the Council, that,s whrat qE need cer tainll, to explore.
Councilwcrnan Dimler: I'm just a little biL confrrsed. It seqns to me that ifvourre not going to limit nrrnber but you're going to 1jrit 1ocation b1z zoning,that you rrDuld be encorrraging 3 or 4 within a short distance. ooes tfrat notsourd reasonable?
I4ark Koegleri: yorl could alrost erd rrp doing that in kind of a defacto kind ofmatter jrEt by how your zoning map physically 1ooks.
Councilwqnan Dimler: So then werre realLl, defeating the purpose for what we'redoing?
Mark Koegler: Yorr ma:, be in one or thto j.solated poJ.nts arorud the cit], and Iguess thatrs sonething r.e qrrite cardidly haven't looked at. !E probabiy shorrrdtake a look at the map and see vrhat potentiars that major hrrJc arlas theie arefo): that Eo occru:. As was pointed orrt, the TH l0r and TH 5 crrrrent inter.section
lrorr I ve got 3 orlt of 4 of those qrradrants if yo. will that. courd contain, z of
.thg. d9 now, Ehis type of lard rrse with the iorrrth one, at least at pieientbei-ng irmrrne from that dne to zoning. I don,t. know if therers other'...
C-ounc i l wcrnan Dimler:: Ard this raorrld not preclrrde thqn ft:crn doirq Ehat?
L
5
r
L
City Council }Eeting - Septernber 13, 1989
I,tark Koegler: It $lorlld not. That is correct. erovidirg the], met aII of thesite criteria that \.\ere part of the rest of the zoning ordinance.
Councilwonan Dimler: So can tue really control it by zonirg then?
I,tar k Koegler: Ilo do that I think r,{e're going to have to enter an arena which isnot necessarillr bad, of tr)ring to look at Sc[ne more innovative techniques to dothis. Literalllz no cit1, that I corild find in the lwin Cities handles these in
the tl,t)e of manner that yourre talkirg about. There ma1' be still I or 2 outthere because obviousl], he havenrt looked at everl, single one but all of the
major cities, manl, of thsn are still in the position where the!' don't even havedefinitions of convenience stores.
l4a:'or Clmiel: Idew innovative thinkers here.
I4ark Koegler: Ihat's the challenge right?
t'
r
Conncilwqnan Dimler: I just wanted to ask a question
ansuer it. In order, do rve need an ordinance to tnve
a definition book thatrs separate fron ordinances?
PauL l(rarrse: Itrs part of the zoning ordinance. you
incorporate the new definition.
Corrnci lwonan Dimler: But do t^.e have a book that jrrst
ard I don't know who can
a definition or do lte have
have to change that to
has definitions?
ParrL l(rarrse: [lc. It's an elsnent of the zoning ordinance.
Corrnc i lwcrnan Djmler: So yor.l need an ordinance jrrst for a definition? If you
changed nothing else?
Parrl Krause: Right.
C-ormci Iman Worknan I I don't know how far q,e're willing to go and jrrst. as 4 of
these convenien@ stores on one corner rcrrldn't Look pretty, the free market
system isn't pr.ett!, looking at all.
Cor nc i lr,,oman Dimler: Itc, and this doesn't seern to handle that sitrution_
Counci lman Worknan: So what happens is I raorrld sal, that we can,t reall], or
$re're not really going to control it. Can vE then sa]r, wel-I we could sa!/, liecould basically make a1I of these brrsiness districts, prlt an x b:, thsn aII ardsay \,re don't qlant them in any of Ehese districts and that q,ourd essent j.allv takecare of it. I don't know if r^E corrld do that.
Cotrnc i lr,rcrnan Dimler: It'd be i1le9a1 .
Cormcilman Worknan: Worrld it? I guess the only place then that I see a problsnis in the brrsiness neighborhood district, convenience store with gas prnnps.That's wtnt r,e have with Bl:ooke,s. I,e have a pr:ob1en. Thatrs a iondltional usebut I l.,lculd .ICorncilman Johnson: Brooke's is in BN.
6
Citlr.Conncil tteeting - September 13, I9g9
r
Councilman l{orknan: It's not BN. Brrsiness Centra1. GD.
Courc i lrarcrnan Dim]er: litlat's the SuperAner ica?
Jo Ann Olsen: Brsiness lbighborhood.
Corrnci lwqnan Dirnler: Ihat's BM)
I4a1or Gmiel: That r s BN.
Councilman l$orkun: Can $e malbe make minor modifications that rra], and say makeconvenient stores with gas p*nps- teE rne ask this first. vo"ia'u'r=i*""highwar/ and business neighborhiod,
"o,rra tr,os"-t* confrict? Vlhen r4e qet rH 5goirg out ard everythirg ?rri. uae've got " n.ighb";;# jil-;,rat=ort's
"na,,erve got a gas sta.ion at the mout6 or tnis-neijtruoirrJJ, *-i*,.i'going apotentialrl' be a probrsn? r know Dalen nairie aoes tt"t . rot.- -c"i-il t"x.convenience stores $ri th gas prnps as a c$rrlitional use out of the businessneighborhood?
Councilman Johnson: yes.
Paul Krause: you certainrl' courd brrt wtren rou think of the classes of uses thatare neighborhood oriented, oftentimes " sn il "or,rr.ni"nt "t";;-tG Jfu."tion*iS. :1' withorrt
.
gas prmps f its that bilf . whai ao p., normal I1z think of vrtrenyort_ think of neighborhood brsinesses? Itrs *re traaition"f ail, "i."""i, tn.$naII grocer!, store, place to get a little bit of gas.
councirman worknan: r'm worried aborrt the gas. rrm not worried about theconvenience 1nrt of it.
Paul .Krause: These days mosL_ of the develotrErs will teII lrou that the), don,tp't in convenience stores without gur p,*p"-. r sr.rppose presunablv vorr courdforcetherntobutthat'Stheorienfati6"in"r""i.E!;].-;ii;:.
corrnci lman worknan: B.t rrm. sa:'irg that might clear up a problan that rrecontinrErr:, have- r think tne rotir over riere i.s faiily i"p.i-i" -ri"." tn.neighborhood but now \,,re've got the Brooke's ard that,s not =" i;*-roo[inq utthat use, the neighborhood r.se. Ihe 9r1,' s back 1,ard is Sg ieet i.il".-gu. p*p.That Eo ne is...
Parrl Klause: o* of the things yorr corrrd look at, ard one thing r've had sqneexperience wiEh is prrttire distance criteria in the cordition.i',,*'f,".iits fromthe residential\, zoned pro5Ertl,.
Cot tnci lman Woraknan: Like liqtor stores ard chrrrches.
l4ark KoegLer: the other- advantage r thi.nk vorr,lr see as time continrEs and moreresjdential deveLognent oc.crrrs in Chanhassei is theyrll U" .Uf.-lo-U-f,:.annearather than kind of dropping one i.nto an existing niighborhood wrrich i's-to scrnedegree wtnt BLookers did- where yo.rve got 3ag acres of otrEn rand and yo. pr-anresj.dentj.al ard 1;orr plan a snall conmelcial ..nt"., )rorr can do brrfferirg arorrrdthat site in a little better rnanner than 1o. can in !xisti;g-;"r_ii;i;;;:agai1, -I !,Durd agree \rith pa.r. cities do impose variors s6tback criteiia frcrn,particul-arl], when tlere's gas. t"tany comnrrnities get excited when there,s gas
t
7
L
Cittr Counci I l,teeting - September 13, l9g9
versrs when therers a convenience store just becarrse of the issue of trrrckdeliveries with frrel ard so forth being close to houses.
Counci lran Worknan: !,JeII $rerve got IH 7 ard IH 4I. That's a classic example
and Ehat thing is a long way ar,ray. I think the naErtre of the gasoline brrsinessis all arourd is what people are fearfrrl of. I'm just sayirg that's ma1'be where
we could restrict t}ese. Save ourselves the headaches down the road. !€'ve got
Brookers before rs. I^trerve got the SA before rs ard I suppose the SA down on TH
2I2 is probably a problen. I don't know. Irm just throwing that out becarrse it
doesnrt Iook like werre goirg to be doirg a wbole tot with this an14€1, other
than p.ltting definitions into the zoning.
@uncilman Johnson: The SA on $t 2I2 is a legal non-confonnirg existingly. At
the present time right?
l6yor Ctrniel: That was my urderstardirg.
C-orrnc i Iman Johnson: So rerre not chang ing that particular location.
Counci lman Worknan: I urderstard !hat. I don,t knovr, I guess I rculd move that,point with that modification to it.
Counci lman Johnson: One thing I just went throrrgh which might he1p.
Collncilinan Bol,t: Wnich point?
Cormcilman worknan: the corrlitionaL use. Ihe convenient store with gas prrnps
out of the Business Neighborhood or take the suggestion that we get a distance.
Cornci Lman Johnson: Yeah, I Iike the disEance cr.iteria. BLrt rr,e've onl:, got
what? T'r,to brsiness neighborhoods in the entire area.
Councilman Worknan: Irlel1 as TH 5 develops, \^r,e could have more of thern. And Ttl
2L2 ard everlthirg else.
[-
r
Couci lman Johnson: When the MUSA Iine rnoves, hE corrld have mor:e coming rp andI think a distance criteria is probabl:, the best thing. t4ax jmwn, minjmrm?Whatever. I'tin imrm distance from any residential district for the locaEion offtel dispensJ.ry facility or whatever. What I did, just as he went throrrgh here
was, mark down the changes on this little char:t the]r've got there. In Central
Brtsiness DistricE, convenient stores withorrt gas prnnp or with gas prmps is going
from conditionar rrse to not lErmitted at alr. Blsiness highway doesn't change.
Business general, convenient store with gas prnnps goirg fron permitted toconditional . Ehrsiness fringe, arrtornotive service itation is going from not
permi tted at all to corditional. Or I mean goirg frcrn corditional to notpermitted at all ard on brrsiness neighbothoo6, t6ee onl1, reconmended change
the)r've got is goirg fron corrlj.tional to not permitted for automotive servicestations.
Corlncilran Bo:rE: Did yorr say there was a change in brrsiness general?
Councilinan Johnson: Yes.
that change.
I
8
Cornci lman BoyE: I don,t see
t.
City brrncil l,teeti ng - Septarber 13, I9g9
Councilman Johnson:
use ruder tle BH.
Convenient stores with gas prmps is crrrrentll, a pennitted
@unci lrnan Bo),t: I^lell if I'm looking at the right IEge, page 4, it says...
Councilman Johnson: page 4. Business general. BG.
CorrEilman BolrE: Pelmitted.
Councilman Johnson: tib, mine says corditional. C. Conditional.
l4a:ror Gmiel 3 page 4 of Ma.rk's letter.
I\4ark fbegler : I don' t krow if l,tcu can see it on lrour monitor .
Counci lman Johnson: Ite first page is the existirg.
Counci lman Boyt: yeah, that I've got.
cotrnci rman Johnson: Ard then on hge 4, i,,E,ve added one definition wfrich iswhat a gas station is. see one thirg to ,.E is autcmotive serwice station, aprace where Joe can fix lzour car. To me makes sense to be in a businessneighborhood because that's scmethirg that supports residentiai p."pi"-i" .ro"'"gas station and Joets Automotive Repair faciliiy.
l4ayor clrnieJ.: one of the things that r was thinkirg about Jay is that presentr!,we probabry have some of those areas classified as agricrrlturar. Even'thorrgh -
there's sorne residentj.al
-
areas
.
wi thin those specific areas, when ehelr come backto rezone that, then yor:'re going to start causing those pioblans.
Councilran Johnson: yeah. When the MUSA line chan;es, th,aE.,s when this isgoing to be more important. Aborrt 20 years from now. r0 years from no$r. 5years frcrn now.
Paur l(rarrse: I think vou can get at scme of that bl', if :rou estabrish adistance criteria that the distance is measrrred frdr'1ard-zonea or tuiaea rorresidential .
l'Ialtor Grniel: Distance I think r,vould take care of it.
councilman Eblt: There were severar issrres the corrpre of nights r^re discussedthis with the fomer corrncil. Gle of thsn was certiinll,, it rras a molivationfor scrne of Ehe people r,lns directed specifically at Garl, Brown's sitr6tion ardhow does he get more leverage. Ihat didn,t happen to *! 1s.,l". t{ine, and Ithink if vorr carred peopre bhat rived arorrnd the city you'd see that there,s ageneral concern there's too man], of them. ,Ihe qnestion is, thel:e goes anotherone. !^le donrt need all these convenient stores with gas stations. I4a:rbe voudonrt. want to ,:egulate those at a1l. I per:sonall], agree with those pe;ple thatsal, that eveLlr, as paul said, every shoppirg strip center that's goifi 'to beproposed is going to be proposed with a gas prmp and do r^xe want t; ha;e thathappen or not. I think that's the issrre ard I don,t Ehink the plannirg
conmission deart with that issue. lElr they dealt with it. Thev said iE wasL
9
City Cormcil l4eet.ing - Septernber 13, 1999
fine with thsn I guess. WeII,
salring .
I don't sense that that's what the comunitv's
l'Cormciltrcrnan Dimler : Brt Bi 11 now are rnre saying then, the develotrEr ma:, notcome in here with a strip center at arr if he can't put gas pLmps in so'we'rereal]y saying that re've got enorgh strip centers. ana is ',e d6velop, that,splent:,. EVer:,M:, will have to come to whatts existirg.
counci lman Bo]'t 3 r dontt know wtrat arl the rarnifications of our decision vDrrrdbe ursura. r'm jnst sayirg that r think people sense, when there's 5 crrrrentlvaccepted by tte city betrreen what vras it? Great plains and hrhatever- the staffreport said but rorrghllu within a mile therers 5 of Ehsn. Tbe peopre that Livearourd that Sa:, tllat I s more tlnn enowh.
Councilwqnan Dimler 3 That's true but as we develop, thatrs not goirg to beservicing those people that are going to be living out r,rest and i can telr :,oudeveloperrs not goirg to ccme in here if he can't make money ard if tre sees thathaving gas grmps is wtlat rnakes mone!, or drarrrs lEople in, th6n thatr s hhat, sgoirg to keep him out of here. Ihey r,aon' t ccnre to Granhassen.
erunci lman Bo],t: rhat'|s wh],, what !E directed staff ard the planning cqrmissionto look at was how do re impact the densi.t1, of Ehese thirgs. ttre n6ber ofthese things. It vjasntt hor^, do tte eljminate thern frorn the citlr. !€ currentl!,have what scrne people were thinking is too manl, in one gnall aiea. If rle al1owthe market to dictate si", , can assure you uhat all you have Eo do is go backanl look at the abarxloned gas stations to recognize th;t the market in tie longrrm, it wirr sort that orrt. Do $e vJant to Live with the conseql.rences of thatsort process? I think that,s the issrre.t-
Corrnc i lr,rrman Dimler: you can|t reguLate them by zoning.snqgrrragirg thsn to be aI1 brrnched rrp.
thatrs when :rou're
Counci Iman Bo:/t: I think \4e can regulate them by zoning. I don,t think that'senorrgh. I^Ie regnlate virtually everlthirg b}' zoni.ng.
Cormc i Itrcrnan Dimler: Yes brrt \rcru I re encoruaging them to brmch up r*rich isagainst r,rfEt vour re saying 1,orr want.
corrnci rnnn Johnson: oJ: :'orr can also do rike Lhe contractor.'s ]ard. Flave aminimrm distance between thgn becarrse if yorr 1ook at Galpin sl-va., wn; thatgets to be ser,rcred , ther:e' s 4 convenience sto,.es on that corner you ro:row. Itwill be Ehe next place for scrne gas prrnps. I g'ress what we,re siyirg is lre wantto spread tLEm out. Do he allow mini-golf with or withorrt q." p*p.i
I4ayor Ctrniel: If you want to putt arourxl.
Corrnc i lr.Dman Dimler: I,leII I can teII 1or1 that I drive qEst qrlite frequentl:, andif. I'm low on gas, I've got to go aII the way to Cenex in ViCtoria urd- top" rmake it. rf I forget to get.gas. rf I'm 10w and don't check my gauge before rgo out \,,est, I have a hald time. r hope I make it to cenex. r6eie'i nothirgthere.
Corrnci lman Johnson: But v.tlat
intersection.
I 'm sayrng is 1,,8 don , t need 4 at that L-
Lq
r
CiLyr Qorrncil I'eeting - September 13, 19g9
L
LI
Courcilwcrnan Dimler: But lrout re goirg to want scne there.
Corrncilman Johnson: I^E donrt need 4 at the next intersection. IE don,t need 4at the next intersection as the MUSA ).ine charges. If we could sa), one within,they have to be spread UV tnlj.a mile or iou-lo,rfa say only 2 within a half mileradirrs of each other or scrnethirg of that'nature.
l'Ia1rcr Grnier: I think a good exarnple is rooking at sqne of those within theciEy of Eden prairie. cai stations ."ril;;i;: rhe:, have one on rtr 5 ardthaLts frorn oru corporate timits outsid. oi-ti,.i. _ipoi"t -il^il.:" "
Councilwqnan Dimler: I can usuall:' nake it to that one if Irm goirg east. Butgoing rrest, it r s tough.
l,ta]ror Gmiel : Going east there' s not another station .
Counci lman Johnson: SulErAnerica's the onllz one on .fti 5.
Maln,r Chnier: there was a station wlrich has been rqnoved right before therailroad tracks.
Oorrnci lman Johnson: Isntt there one betrind there now?
I'4ayor Ctrniel: yeah, Mobile has that availabilitv...
Corrnci Lman Johnson: But nobodt, sees it.
Counci lman Worknan: But j.s Eden prairie resErictirg?
Counc i lwcnan Djmler: I don't think tJrey are.
I',lark Koegler: Through ,9lig: It,s sjnply throrrgfi zoning categories. The areawhere SA is at Tg 4 and.TH 5 is zoned friqhlaay bLrsiness .; ,,;,;-i;;k'Ii at. .""aof Ehe corridor arong T : "tr ;,ou've goi raige irdrrstrrar iru l[il io,r'u. got .fair anorrnr of residenriar along porti6ns .t iH i -^J-irrJi.-uiuii'I'.nJ"o*..opportr.rni ties. That's what can be done here. sp"uxlrg ubo,..i'iL "ritr.",
anustructure of the zoning ordi.nance can be rsed to- indicite ,ri.;.;-'th;;lhings canarrl. canrt hap[En just as the example you're pointirq t" rn Bo"n p*iil" i"working now.
corrnci lman Johnson: !'it. t r€'d have to do is zone an :ntelsection, simirar tothe Great plains intersection. Itrs zoned brrsiness highway "; ;; ;G;.Ersiness neighborhood on, or on trro corners it's b.sin5ss i,;gn*y. -6iJ
"o.^".brsiness neighborhood anr one corner rop. so oners a corrlitional rrse anc t!.rcsides is permitted .se. so the max tare co.ld have at that intersection is 3under our crrrrent ordinance becarrse rop is not alrowed g"" "a;ai;;;: Actualrvif yorr consider where Tbrar. is., being righr nexr ro it, -yo,., -.o,iii g"t il'#ii'zconvenience stores back Lo back. thiu,s possibre. r've seen it done too. Dor,E r,Jant troo convenience stores back to back?
Counci. Lnan Bolt: personall)rr. since yorr br:o'ght rrp convenience stores, I don,trrnderstand the need for a definirion of a coivenience "to.".
--rr.,. t;I-i,r=t .store as far as Irm concerned.
It
City CorurciL }4eeting - September 13, 1989
Counci lman Johnson: ltre Gartr Brot in sitrntion. Is that a convenience store oris that a gas station? Iheyrre saying it's a gas station? Itrs not a
conveniencE store.
Cormci lman Bolt: lEIl I can see where there's a need to describe, well
convenienc'e stores with gas pEnps ard more fuer stations brrt for scrnebody to
come in and say I want to p:L a store in here and there aren't going to ie an1,
gas punps arourd it.
Corurcilman Johnson: Then it's not a convenience store.
counci Lnan Bo:.t.: lrlhlz do re need to be in the brrsiness of definirg what that'sgot to be?
Corncilman Johnson: It's a retail business.
t'
Counci lman BoyE: Well itrs only when gas prmps cone into pla!, that it raises m:,interest level in terms of the concern. As long as I'm kind of interruping .fa1ihere on these definitions. The other thirg that escalEs nre is 400 squaie ieet.I notice that that happens to airn specifically at I think the Standard stationproposal but I think it,s SulErAmerica thaE care in, I believe, with scnE sortof a definition that had to do with nr_mber of items. It seems to me that thedifference between a convenience store and gas pumps ard just a service stationthat has a few itsns is the nrmber of iEems thel, have. Ibt hor^r big they are.
Counci lman Johnson: B:, the tyIE of i texns too.
Corlrci lJnan Boyt : I don t t want to encortrage sorne place to come rrp with a 395square foot mini -convenience store. Sell a few videos. SeIl a little of this.Sell a little of that. I'm afr.-aid by our definition that's wlrat lre encourage.I'd mttch rathet See rls say rna]rb 'ne do a litt1e Erick stud:, and see whatrs thetlpical- munber of items sold in a prrre service statj.on if r,,e can find anv of
those animals left.
councirman Johnson: r don't tlink it has to be a prrre service station because rthink. what thelr're say'irg in here, ljjnited amorrnt of related goods. Thirqs thatmotorists look for. tlot verl, man:, motorists are looking for video tape renLals.Thatrs noL somethirg that a gas stat.ion should be invol-ved j.n. How do you statesonething like that? Groceries but snacks, whaEever. Chips and dips.
councilwonan Diml-er: r dontt think rre want to get into terlirxJ the brEinesseswtEt the!, can carr:y in their stores.
I,layor Chrniel: [J,o. I don,t think thatrs orlr place to dictate that.
Counc ilman Johnson: But what r"e,re saying is, define the differ:ence b--tr,reen agas statj.on ard a convenience stote. Ard what the differnce bebween a gas
statj.on and convenience is what they serl. A gas staEj.on services mocoiists.
Councilwqnan Dimler:: But my poj.nt is, we,re not goirg to teII thanl Ehe:, can't
have videos if that's wLrat they desire. Do lrorr rrnder:stand whaE I'm savlng?
Wetre nob goirg to sit here ard regnlate whal each one can l:ave ard seil.
t
L
L2
t-
City Corrncil I',teeting - Septernber 13, I9g9
Counci lman Johnson:
Cornci lr,,oman Dimler l
Itrd have to be kird of in general but 1,eah.
I think rre're getting way too restrictive.
counci lman Bo:r!: It cqnes back to the, I think the point is, do r.re want to savEhat r,^E vrant to contriol the nunber of convenience st6res with gas d;"; ;;lgr tf.'r
-
ue need to keep r,rorkirg on this ard if rre don't, the rajo;i-d-doesn't,then let's stop r:sing consultani tjme and get onto sonething eld.
Councilwqnan Dimler: Like lorr said, if lorl don't have gas pmps r 1,ou ma], nothave convenience stores ei ther because a deveroper,s nol going' to ile-]., ne.eif itrs not possible.
courcilman Bolrt: rf :/ou r€re talking about the area thatrs right aror:nd ushef,e. . .
Colrncilwoman Dimler: l,lo Itm not. I'm talking about future. O.lt rrlest.
councilman Boyt: But if :rourre. tarkirg about scrne$rhere that's unleveroped,chances are no matter what density tnal ,re set up, herre not going to keep thanfrort buildirg thql vrest of here because there aren't any.
corrnc i lwman Dimler: !{e can't if 1o,'re doing it by zoning though. you don'tjust zone it for that.
cormcilman Bo]'t s Ma:rbe there needs to be an interpray betheen concentration ardzonlrq so that r.E do both. IE set lrp the zones ',e !.rant it in anr r€ set .,p thenrrnber that segns to make sense in a given area.
counc i l wcrnan Dimler: Are lte wise enorgh to do that?
cotncirman Johnson: I,Ie're supposed to be. rhat,s orrr job. rf r^rer re not, thenre j,rst say okay no rules. tetrs all go for it.
Cottrcilvrcrnan Dimler: I^le have general rrrles but.. ,
l4ayor clrniel:
.
okalr, r think we're goirg torger: than r anticipated goirg on thispartic'rar subject. r thikn wtlat ra= have to
- cqne rrp with is a conciusi6n. Arel*e goirg to serd this back to plannirg Comnission ,i th u "rrgg""aJ--
---
recormerrlations or are you going Eo sa:, what $e have here ii-good enough?
cormcilman Johnson 3 what r !'Durd like to see is that the definitions are okavwith rne. r think qre need the definitions. lde need gas stations aaaea.
-- r"iilireno problqn wiEh ttre permitted brrsiness highway ard c6rrlitionar businesi generaL.Leave everlrthing else arone and refer back to pranning conmission the densitvlSSUe.
l4alp,: (hniel : Distances.
cormcirman Johnson: yes, distances. A distance from residentiar shorrrd bereferrd back to planning c-ormission for recormerdation on how far u qi" p,o,,p,whethe,- it's a gas station, arrtomotive service station or convenience sEore withgas prunp b,t a motor vehicre f.el dispensirg facility, how far that is frcrn ar:esidentiar zoning. rhatts the action r world take ,i.tn u,is at Ehis time.
t3
L
City Corrncil }aeeting - Septernber 13, 1989
Whether that means to table it tonight entirell, or go with the defintions atthis time and go ahead, pa.ss the definitions anl table the rest. Refer it back.
l,tayor (tmieL: Okalr, wtEt's the pleasure of the Council? Do I hear a motion?
counci lman Bo:,t: r worrld make a motion that v,e refer it back to Ehe pranning
conmission to propose a means of controrlirg the concentration of convenienc6stores wi th gas Funps.
Corrnci lman Johnson: Also, r.Duld l,ou i.,ant tlem to provide a distance frcrnresidenEial t'o motor vehicle fuel?
@unci lman Boyt: $ial I thatts certainl:, one nethod of hardl ing it.
l,ta]ror Ctmiel: Yes, I think that. should be urder the BN district. A definite
one.
Corrncilman Johnson: IEII any of thsn.
I4ayor Ctrniel: I'm more concerned with business neighborhood with adj acentresidential develolment too.
corrncilman Johnson: yeah but eD arso has an adjacent residential. BG has
adj acent residential. IOP has adj acent residential.
161,or Gmiel : I grress it does too doesn ' t it? So thel' aII tEve.
Councilman Worknan: The BG isn't goirg to get anlanore.
Cormci lman Johnson: yeah all they've got is the R-12 in both.
l,layor Ctrniel: Okay, I think that's scrnethirg that shorrld be looked aE too isthose distances in each of those disbricts.
Oounci lman Eb:.E: Is there a secord for that?
I4ayor Ctmiel: I'm going to caLI for the question.
Counci Iman Johnson: I'Il. secord iE then.
Corrnci Iman trntrorknan: Can you reiterale rorrr motion?
Councilran Bo)rt: The motion was that v,e refer this back to the planning
cormission with the re+lest. that ttrey come rrp with scroe prjoposars for limitingthe concentration of convenience stores with gas punps.
I{ayor Ckrniel: In addition, is ther:e a fr--iendly amendment to thaE with thedistances?
Oorrnc i lrnan Bo1,t: Yeah, I don'E mean to exclude thaE.
l4a1,or: Chniel: As one paLE of it j.s what ),ou t re sayirq?
l'
t-
L-
l4
t.
eouncilman Bo:rt: yeah, that's just one ua!, to do it ard if vou,d like to knowwhat sqne other vale are.
corrnci lman Johnson 3 r prsonarry think that no matter wtrat they do, that shourdbe part of it. r think thatrs prett!, plain frqn our Minrrtes thit severar of rrsthink that ',,a1,.
I4alrcr Ctmiel: Eb ],ou have direction?
lrark Koegrer: ore final crarification. .I4hen 1pu speak of @ncentration, you'retarkirg about what r'I} cart kird of a microsclre which is the intersectionrever that rrE talked about brrt yor.r,re arso talking more macroscared, talkingabout neighborhoods. central Business District. Ttte city u" u "noi..--rs thatan accurate?
counci lman Bo:.t: I'frerl rm rot particurarry concerned about the cit!, as a wtrore.r h3ye r'o. way of projectirg what that mighl rook like. r'm just *!irq tnut tt=problqn that r see is that with 5 of them within a mile, t d6n't think'ttnt,sttre s,ay ',e want the city to deverop. r see pressure to see iE deveroped that\^'a)' bl' people who are proposing any kind of ihopping center so r,rtrat tim rookingfor is scrne insight into how l*e can control thal. rs that the sense of the restof yorr? Or at least the IEopIe wlro plan to vote for this?
councilrnan Johnson: ptrs the concern of the distance, which is one method of itbut even if l,ou don't do it. Even if the:' sal, thel, ccrne back, I still like thedistance part.
corrncilman Boyt: I^Ierr if that needs to be trErt of the motion, r rm alright r,riththat. I jrrst think it,s the general sense of what $re've been sa1,ing.
l€yor Orniel: Mark, does tiat make sense?
[{a]:k KoegLer: yes. r think it's crear ard the Minutes certaj.nry should reflectthat clearl!, for the colrmission so herll take a shot at it and uiing it back to
),orr .
City Cormcil Meeting - Septqnber 13, I9g9
counci rman Bo]rt rnoved, coruci rman Johnson seconded to r:efer the zoning ordinance
tunendment modifyirg zonirg restrictions ard locations fot convenience stores,
cotrrcilman hlcrknan: I think as one added point, Brrrnsville, and r know r havefamiry ard frierrls that live in Brrrnsvill,e ard they have what *e call a stri.pmaII on eve):}, corner. I don't know that they even itave a do$rnLown. vE,retryirg to brrild a downtor.rn ard by encorrragi.rg ev.^ strip malls, ard if I ownpropertl, ttrer:e a strip mall can go rU), malibe all the power to me but if q,e,re
encorrragirg a loE of mini downtowns i.n areas away fron downtown, it defeaEs theprrrpose of what r'e've maybe frrstrating orlrserves throtqh alr along wi.th theideal of a downtown. TH 5 and IH 41, there's goirg to maybe be on6 th..l". Idonrt think anlrbod:, realJ.y cares to have 4 ther:e and thatis anotherphirosophical qrrestion. _so somehow we've got tc keep Ehem in an area oL arorg abrrs), area. I thj'.nk that's my point. In keeping ttrei aua1, from nej.ghborhoodsard where Ehelr conflict and. r know near a neighborhocd i.s where lprr can makemone!, bu! thatrs m), only point and I g,ess I,d agree with moving it onto LhePlanning Conmj.ssion with those recofimerdatr-ons.
I5
Gas stations, ard Automotive service stations back to the prannirg conmissionwith the reqnest that the], ccrne rU) with sorne proposals for limiting theconcentration of convenience stores with gas punps takilrg inho coniiderau-on adistance criteria. A-II voted in favor and the motion cairied.
Councihan Bo:,E: I4aybe while Ehelr're doirg that, vre c.m see if Jim has anlzgrestions since hers going to be on the pranning cmmission dealing with il ofthe thing rre just did.
l€1acr Grniel: Jim, do yrou have any questions in relationship to the directi.on
vrerre tryirg to give back to plannirg conmission in rerationihip to the rastdiscussion that we had?
JjJn Wildermuth: You're talking about density...
l'la]'or Ctmiel : Yes .
JiJn Wildermuth: tI].
City Cormcil I€eting - Septernber: 13, 1989
APPRO\AL OE NEAR MO{JNTIAN zuD A},IBIDME{I.
Jo Ann Olsen: Just as a brief i.ntrodrrction, the applicant with the Near
Mor:ntain zuD is pr:oposing an amendment to the zuD to replace ll4 condoniniununits with 45 singte famillr lots. The outlot is cr:rrentl1, located on thev,esterly edge of TraptrEr's pass at Near I',lounta in. They.. .north of Lotus lakealong Pleasant View ard rroquois. This plan shorn s trle proposed amendnent wi.ththe singre farni ry lots. the planning connission revie!,ed che puo anendment. and
reconmended approval to al-low the singLe famill, lots to replace the corrlcrniniwrrmits, the major issues witl: qiha t st;ff pointed out first was whethei: or notthis still met the inEent of the pUD. Since Ehe pUD was filst approved, a lotof a,nendrnents have been approved that have rsnoved the higher: aensitt, lots andreplaced thern with singte families. Again, the planning conmission ielE tl-rat itwas an appropriate use and reconmended approval. one of the major concerns fordiscussion was whether or not Iroqrtois should be, with the outl6t, shorrld beoIEned up fo): a street connection to allow a secondary access. This is on alorq cu1-de-sac. rt is ver:, sEeep. Heavily vegetated. There is arso r0? slopeconing rp th.orrgh T).apperts pass erith retaining-walls on either side. Slaff isconcerned that it would be verl' easl, for that one...closed off there \,DuId be nowa], to access the site. the. handout r just passed orrt rr,as from t}le engineeringdeparunent that is stilr prrshirg and in staff ue agreed that this strouta rcolEned rltr) as a street connection to allow that anergencl/ access at aII times anda secordary access. The Planning conmissi.on did not agree that it stDuLd beolEned rlp. Ihey felt it shorrld be provided as an sner:gencl, access with a break
ah,av barrier or however it was determined throngh staff that that uould be themost appropriate wa:, to not allow tr:affic, normal traffic to rlse it... So thatis one of the major i Esns that he stilr are prrsh:'.rg that. That rrogrois r,,orrLclbe opened rlp as a fnll street connection. Another: item was that th; park and
Rec uould like to have aE least 4 to 4 L/2 acres of parklard pr:ovided to be rrsedmost rikery as passive parkrand. They are rooki.ng of the tots in th;.s rocation.
Otheri than that... Do :/o[ want Ehsn to do the s]ides now?
F
L_
I6
r
councilman Johnson: I'4r. r'6yor. Before re get startd here, r'd like to give
f scrne -of my thorrghLs on whether he shorrrd chinge this as a pirD: lEke this puD
I a::S:nt ard where rhe $rhote pUD process historically, whatever. If r may? It
I il:h! help. the presenters tfiink abo.t what to sa), to me to change my mind. AL PUD is a give ard take sitrration. The develolEr wants somethini. In this casetheY qrant snaller rots. ftEller setbacks so r^re came up with tn6 lear Mountainlst Addition, whatever it is, with less than 15,000 sqi_rare foot rots arxl with a25 foot setbacks vel-sus a 3g foot setback. tots of lalrge horrses on relativell,gnarl rots. Ard what's prcmised back for that vras, one of the oujectives oi tnePtD is to provide a variety of housing. Right now thelrr ve provided fairly largeexpensive homes on snall lots ard sqne verl, Ialger, veilr exiensive hqnes onlarger rots, rtapper'is pass ard rEar lbuntain. - anr tn"- tniio trring they rrereof ferirg was the cordqninir-m st],le hqrp so that r,,e provide u u*i.[y of housirg.
r^Ii th the corrionini.*n, ,p hele a.t t-tre top of !,lear uoi,ntain, ti,.y-r*.-. goi.ng toprgvide a ver:, large area of fairll, virgin forest left in a nairrral state. Atthis point tiat area tras n9w Ueen lfroppea up and o"e're going only to 2 varietiesof housirg. Gre meetirg _the zonirg. ee veiy Iarge horties on fiirfy large lotsard then the one t}rat didn't meet the zoning-vitrer6 l€ gave thern scrnEthin6, thesmarrer r-ots with the large horrses, etc. ard the setba;k. rrtre're no rorg&getting. the rarge naturar olEn a.rea. rt's not olEn. Itrs treed area. rheforest is now goirg to have houses, streets aru irre refr:ge for ihe anjmals. Thedeer I spooked rt5> out there todalr. The1,,re going to be froving etsewtrere becausehhere's goirg Lo be ho.ses on arr these- rots. v6ire these ar6 rarge rots,thei:e's ro longer going to be. ttrat.Iarge open area to be enjoyed b1, t-heresidents of the area. To rnake this change, they're goirg -to'trave- to give
( :T.:1. j.ng because they're taking back wtni ttrey gure Eh" iirst time ro get a zuD
I ?! a*i- *u:. to prese.ve Lhe natural environrnent of that hil1side. thaE top
I 1I?": Now thel' h,ant to, oops. fEre, q,e gave it to },ou. i{e wanE it back. !Et di.dn't rearry wanE to put condcminiu,ns in there. rel's give it back. so thatrswhat I'm always afrai-d of v*en \rE get a puD and then the parEs that the citvwant of the PUD are the last phase becarrse that's 2 cit1, iouncil's later ar6maybe even 3 city councilts rater. rrm not srlre when the first phase wasapproved. rt q,as v,elr before me but it's at least 2 city corucii's r.tertheyrre conirg back ard sal,irg ite don,t want to do what fo originally agreed todo and give 1ou this rarge o[En space Lere. t€ jrrst vant to biild houses. sothatrs m}, introdrrction to it. yorr can see that t'm not exactl!, in favor ofchanging the pUD. I have to really be convinced that vE, the tit},, and thepeopre of the city are gainirg sornethirg on this. I don,t see anlr'gain for uson this. I,,ttren t]ley talk about giving rr5 the minimrun park area, ti:e1, letter betalkirg dorrbte Ehe park area if they want to charge their puD. Give rrsscnething. there's no give. only take. Irm throrqh. Iry soapbox i.s set downto the side.
City Corrrrci I |Eeting - Septonber 13, 1989
l4ayor Gmiel: Thank yorr.
presentation?
Anlrone else? would the develolEr I s like to make wour
Peter pf latm: I'ry name is pete,: pf larnn. I ,m tie president of Lundgren Br_.os . .The principle owner of the ccnpanl, ard Irm the one that did the zo;irg of thesite j.n 1978. It reall], upsets me to cqne before r.ou and get lambl-asied evenbefor-e I.get.up here on a project that we're ver], prorxl of. The neighborsI l<now Like it. rhe people who live in it r.ike it. rt's been a pheiomerals|rccess. The project llaptrEns to be bigger than just worrr conmunitv. rt haplEnsto be in tr.ro conmrnities. t^lhen I originalll, zoned the site in I97-g, there vlas atoad rLrnnirg throrqh it on rrorrr own gnide pran, ard iE,s real unfortunate Ehat
L7
City Corrncit l4eeting - September_ 13, L989
everl,body here that I'm facing other than their Citt, Manager, wasn't arourd butthe issrre there was that there 'aras a corrntlr road. it shotred'an extension onyoru grride plan through the site. Now Ehe only reason r mentj.on this is becausetherers a trqnendous amorrnt of thorr]ht rrent inio that project becarrse it's in 2conmuni ties. The road, the developer, us, mlrself, wori;.r[ with the neighborsconvinced vorrr City Corrrrcil that that road wasn,t a ver1, lood idea. Ihereason I mention this is becarrse scme of the neighbors l]eie tonight areconcerned about the access on rrogrois. Etom the day \^,e bought Lhe site in1978, Irve been workirg on it all these 11 1,ears aftEr that, one of the mainconcerns of tJre residents has arwa!.s been traffic on preasant view. rhe reasonwhy we walted an qnergency access ard the reason why the previous Councilapproved it is because tley agreed there should roCbe any,rnore traffic onPleasanL View. Ard that has been a major issue frcm da1, 6ne on this site. Itrshard for r know new courcir peopre to see everyEhing in perspective but in termsof that rroquois access, r mean that's sdnethirq th;t r.r; fuidarnentar to thepreviorrs courcir and if 1ou remember, there are access on pr-easant view. olrrnain access in lour ccnmunit], rras ahJal,s sort of gerrlznardered to start withbecause of the developer ard the cit:, trying Eo figure orrt a !€!, to keep trafficoff of Pleasant View. So vre sort of tried to fix up a v,ay so the1, couldn,t trrrnright. tet me back up a little thorgh and tark about wtrelher, yo-u raised a lotof EEstions. Whether this was a pUD arrl why werre trYirg to'c-heat the City ouEof sornething. lrtrell first of all rrre don't have to cheat tfre Citl, out of**li.,S. . I ask you to j rrst check on who re are ard what we, re doirg. I don' tthink r.e shourd have to be insurted urhen lte come before you but let fre pointthis out Ehat orrr project has been before ,orrr councir, -r don't know. ? o. atimes. !,]e down zoned once in laour conmLyriil, alreadlr. I^Ierve downzoned 3 timesin the city of Shorewood ard everl' single t-j:ne nobo31,'s ever challergd where itwas a pUD. llcbodyr s every _ch:Il9 nged tJne open space arxl nobodlr's chillenged ourcredentiars ard why werre doi.rg it so this isn,t tLre fitst ti.rn6. As a matter offact, before vorl courcir arxl in y)ru own minutes , and t},e minntes of shor evrcod ,I IErsonaII!, told everlrbodl, that ve unfortunatel], arenrt sna):t enorrgh, and Idon'!.think anyone in this rocxn is snart erough, to know I0 )rears i; advancrewlrat is going to happen. And I told, and it's public record-, thut th" R.lo i=goirg to change. As a matter of fact, the coun;ir did not want cordominiws onthe hill . The:, here fighting me brrt I said I needed the flexibilitv of densirvbecar:se v,e werenrt snart enollgh to know in l97g what in the $/orld U-r. rro.sl.g -
market $ro.rd be today. the history throrqhort the project, as a inatter of fict,everybod:, wanEed just solid single family ard tlrc1, were fighting me even havingtornnhorrces and condorinirrms. uobody wanleo that but ,."e suid, ii's a 300 acreproject in 2 conmunities. scme 600 .nits ard ree needed the fl,exibiritv. rtrErsonally had to sperd a lot of Eime with the neighbors on nidge Roadi I knowthey'd alr be here becarr- Ehel, support what we're doing, ard ii it's n."u""ua,re'Il bring thern all here.so \.,ou can listen to them, riey happened to re here'before. Dr. I'Elrers ard his grorp. I E r s too bad the:r're not -nere
now becaLrseJim }€yer:s r,vorrld teII vou that I personall!, had to go to his house and convincetrrr that rnalrbe it.wasn'! s.ch a bad idea to rrave th6 condcmini,*= ,p tnu.". Itold him really Jim lre don't lian t to do it. hre jrrst need the fle*iilliii},. som}, poi.nt is, fron day one the councir in both conmuni ties has known tr.r.t tu=,i,as jrlst an idea. that 'ne. never-- really wanted all that densitlr. t^le neeaea tfrefrexibirity. The project has been downzoned nrunberors times. once in-!o,rrconmrrnitv. Three times :.n another cc[rmnnity. fEver has i.t been char Leiged as a
.PUD ard never has the open space even been concerned with. Ther:e has alwa,.,sbeen, c6r rnci Inan Johnson, concern on srope. yorr're absorutery correct. tewooded slolE has aluays been a concern of the neighbors. Brrt I jrrsi wintel to
t'
r
L-
I8
tt
give l'ou the historical preference becarrse I know you're not aware of some of
i- 11:,,5-::::.)/orr $reren,t arourd but believe me, wlren \,$e srarred the project, we
X l::r1i.:::!l to do sinsre famil1,. rr was jusr we needed tr= ir&iuiiiil, ;,.d -
t Ene nelghbors wanted single famiry. rhe reisons for down zoning now I think are{ obvious. t"la}'be it's a g6od idea L."un=" scrne of vou are concerned whether we,reentitled to even do this so rnaybe r think what r,e shourd do is v,e have a sridepresentation and the reason \.4,e did a slide presentation is I,m alwa]rs afraidthaE people, this is a-Jcig project and you ma:, not have seen it or portions ofit yorr haven't seen.. youiv6 g6t u Ui.g io,*uni ty here so f una.r"LnO ,,ouhaven't seen everything. so the reas6n for the slide presentatiorii! iJ":r.asort of educate everybody basicarly what we're ttyirq io ao una *e,rr go throrrghit really quickly.
l,talor Ctrniel: l,ie,d appreciate that.
Peter pfraun: Michaer ' m1, brother did the presentation before the pranningConmission so I'Il let hjm pick it up here.
co,nci Iman Johnson: The reason r asked to tark before vo, had ]rour chance totark !,as so -vou r"orrld have a better chance to convince .e you t rro*. -r oon'treall!' mean to make it as a rambrast but other deveropers are s,rspectea for thesane. There's other praces where r wasn't here when 16' started [it-tn...'"other deverornenEs r was involved with wtrere rne are tr:ying to get the densitlz.we are trf irg to get the R-4. The R-r2 within their ai r"iogn"it "m-tr=y na.,r"more logicaL places. I have to agree that this is u fo.r"y-iiu"" i;; *^
condcrninir-ms.
Peter Pflarm: Or're thing I shor.rtd mention is, one of the concerns was originallythat nobody b,antd over 2 units IEr acre on Lhis entire site. If our ipprovalgoes wi rh rhe condcrninir.Lns, the -ensity wil-I be I.6 if we ;k. il"-;;rjlninir. .out. The historic hisrory on this is Eney wanted low densitlz in if,i" iocationand J-arge lots from dalr one.
Michael Pflarun: I'm not going to spend a great deal of time on this. Theobjective of a sride presentation were to iive sonewhat...the proj;;t th" ""n""of the conmunity arrJ design. . Al-so give an opportuniEy r tfrinX'.,roi;ii ".. U1"tlrEs of ho,sirg adversity,..b.t we'ive got rots rangi-ng tr*n l,ss6 "q".i" r""tto over an acre on this one site. lrie've got t',o alitiict ""ighb"i#J".ChestnuE Rldge neighborhocf and the Tr'app-.r ,s pass neJ.qhbor.hofo b,il ;;;lnEegrate across one another.with open ponds... This is the entran... 'Ihufirst thing that :pu norice is the perspective off i.n tr.,. a i "tun"""i"
'tr.,"
follntains. Itrs very spacioLrs. l rot or oIEn sp6ce. yor wan. a sense thatthese people have for this si!e. It,s not i constrained, "onfln.a-ui"u. It,sopen. yourre alternati.ng with certain snall erements and feaLrrres of thestrbdivision srrch as the rogo. on the street signs ard tr," ,:onnaJ-"up! on tr.r"posts. ltre Near l4orrntain anlfern. is rsed throughouL Ehe site. Agaii lrcu see inthe distance a fo.ntain... In this shot vo, can get a pretty gofo seiiatron ofagain, olEness. Unclutterness. There iren,t an1, fenles tterle. eeopfe flfeto rive there ard they rike the og:ness. A different angre that dsnonitratesthe same point. 'this is one of the snaller lots that ue began ,iU-, ou..l on tnl0l ;.n the rst Addirion that Jay was tarkring about. this l6i is .ppio*i-ut.r,7, 500 sqr*re feet. The horrse is tess than L, U\O sqrare feet in si ze. ft;;:;the srnaller ho.se in size. This is the rnanner in wnich mailboxes is insiarreo.
Th;'. s is the view fr-'om rre other si.de of Lhat porxJ looking-;;k ;t .noJi,J. p".a
City Corurcil IEeLing - September 13, I9g9
t
I9
of the Chestnut Ri@e portion of the site. Those horrses are bigger: than theones along TH l0l. there's an evolution product line as rre \,tent through thesite. tots had to be a rittle bit bigger to accomodate bigger houses but it
was basicalll, a sani-production tlpe of horsing.
Peter Pflainn: One thirg vou shorrfd mention is theyr re worried abont whetherthis a PtiD or not. the first horrse tlat thev shotaed sta):ted at abortt
$86,95g.A0. The:, were ajmd at entrlz level 'ho,rsirq at the tjme so the rarge ofhousing on tllat.site.goes from gg6,qqq.aa horEe to half a mirrion. the range ofIots go, fron like l,tike said, froIt 7,Ogg to over an acre so althorryh they,re alldetached singre famiry horrsing, it covers a wtrole spectrlm of tlpe of hoirsing.
Michael- Pflarrn: This is another evolutionary form of the countrl' hone prodrrct
1i1". As scrne of lzou perhaps, all of :/ou are aware, when ttre project finallydid start, it didn't start untir 1983. The market corditions wer6n,t right lrd
when r,'e finarrl, entered the site re entered it with an innovative producl, the
cormcr-y hone. It hadn't been done before. It was a new idea, The zero lotline tltle approach. SnaIL lot. Single fanillz hcrne and it replaced quadcrninJ.ums
which at the time that r.!e were plannirg the site were verl/ much in riogue in
frtanhassen and by the time lte got around to actrul1l, Uuilding sonethiig, nobodl,was bu:ring thsn. this is an example of the use of lhe existirq topogriph:,. fhewinding streets arxi in generar the approach r,e take towards aeverognent. rhisis another pord. Good view across the pord at sqtte of the largest of thecountrlr horne product line buirt on this site. yorr're rooking at a portion ofthe site, the develo;xnent, probably 2 L/Z - 3 years after the initial area.There's another fountain. this is an award winning horse. peter probabl], cangive yorr just a thrunbnail on it. We're real proLrl of it ard the City of
Chanhassen is ver1, proud of it too.
City Cormcil tteeting - September 13, l9B9
t'
r
I
)d
Petera Pfla'.nn: this horrce...project ve have in tlle city of frranhassen that vDnnational awards. This pt oject won a national award from the tunerica WoodCorncil in terms of Ehe neighborhood. It also was featLlreC in the guilder
l4agazine which...top on :/our list brrt this particLrlar hor.rse was on Ehe cover ofBetter Hcrnes and Gar-den. It was picked as the top house in the united states.
Now r donrt know how many of yorrr pr:ojects that kird of claim brrt r,re certal.nrydon't get it that often. I,te,re prord of that horrse because the1, picked onebuilder in the United States ard one horrse anC re were it ard iL was in yo,rr
cormuni ty. That vras a featrlre in I9B7 on Arlgrlst Better: Homes and Gardens.
Michael Pf1ar.m: This is a cluntrl, hcrne right across the street fro:n thatparticular horrse. ltris is another entrance. this particular entrance tollear }4ountain you may not be aware of because it's in Shorewood brrt again yorrsee tie same erernents- unity. Again, this is t:apperrs pass again showing scxneotrEness. The rollirlg natrrre of the site. The curving of the streets. tnis isTtapli.ne Iane and r'm going to go rapidly through this. all this i.s intended todo is give vorr an irdication of !/es, rre develop... This is in Shorewood in theSweetwate,: srrbdivision and was not brrilt b:, Lrrdgren. Wait a minllte. I takethaE back. That's in Trapper's pass. Likewise, T':apper's pass. This is a brieftrip through Sweetwater:. I,ier re not trying to sell Sweetwater to you brrt rae feelthat so far as the wooded area of the deverognent ard the hornes will be croserto the Sweetuatel:. Again, the entrance featrrres. Anothet: big pond. A streetgoing by Silver Lake. OIEn space. This is backyard open space. Normal backyard open space- ALr of Ehe hcrnes in the sweetwater addition a]:e not bnitt by
Lrrndgrien Br:os. brrt a majority of thsn are. 'v'lhen r^re have had other brrilders ii
r
rri th rls on the project, the:, are prsniere buirders in the western subrrrbs.
Peter Pflaun: Itris is Gnnhassen right here.
Michael Pflarrn: Nb this is the one at ttre erd... fbusirg tlpes. Variet],.I{e're back in the uoods now. rtre other ones obviously *i" 6rt in trre-open.
Peter Pfra!.m: r{h:, don't:Drr stop a minute. one of the thirgs that reau:, hasmade this a great project on the shorelrood side is r.e have d" -op"iutron orthree of the best builders in the western suburbs. vou're lookirg'at-eou ltason,Steiner Kopplqnan, Bruce Bren, the Bruce Brothers a,d larrl, eaqn6r in additionto. trs in here. h anll1codlrts stretch of the imaginaU.on, tiros" ...-tt. topbrrilders in the v'estern subrrrbs a*i you have e 6f then operating iog"tn". onthis site in Shorewood. you.d have io go . IorE ways, I donrt even know ofanother subdivision of this size, 3Afl acres, that has haal the kird of success,not in telms of Lrs doirg so roerl. rn te.n," of being so wefl receivJ in treconmmi t1r. I think yrcu know ]rour.self in terms of h5w man1, hqnes are-sold inCknnhassen.
Michaer Pflaun: what is dsnonstrated tere is this is in shorer,rood. Ttris is themost recent addition of sweetwater. Atl it attqflpts to demonstrate is ttEcapability to deal sensitivellz with the envirorunental problsns with brrilding in
fF-11r{:: . I'm goirg to go bick to that. The house oi the teft has got rreesln Ehe tr-ont yard and tlees in the back yard.
Peter _PfLarmi Speakirg about trees, ever:'bodlr,s concerned about trees, ttewooded slope. I was asked by tlre Cittr of elymouth to help them write lheir treeordinance representirg arr of the developers- in the city if erlano,rth-so r tu.nxherre. prett!' r.rer I respected for our ability to r,Drk in -wooded ireas. yo,,
""nlust haplEn to call the Cit:, l4anager, Jjm wiltis over at the Cit), of plynorrtharrl ask him and hetll tell vou becarse ue,re wcrking...back ]ard in a fiio;ectcalled. . .
MichaeL Pflarun: rhis is an intel:esting picture. That,s the morutain that i.s atopic of tonight's discrssion.
Cor:nc i Iman Johnson: I alv;ays lJanted to see htlere the morrnta;.n !ias.
Peter Pflarm: There actually is one.
Corrrci Lman Johnson: I lived j.n Colorado for 4 lrears.
Michael Pflarm: Okay, snall mountaj.n. This is a Minnesota mortntain.
I4ayor Gmiel : It ' s a near morrnta j.n.
Counci kran Johnson: It.rs a near mountai_n. Is that li.ke near beer?
Michael pflarun: 'Ihis shoE was taken throrrgh the window of a horrse rrnderconstruction in Eox Chase. Up near the top of Eox path. If yorl [n6e., g6-
topog,iaph), ther:e you'1r r.nderstand that Eox peth Lises to proLably one of thehighest poinbs withj.n that particular develognent. werre itartirq np the slopeof another: hill . Btt wt't this does show is looking across at cf,J tlp-ofNear l,lcuntain, vourre Iookirg across Lhese houses that are !{a}, down bllow ard ru_.
City Corrncil l,feeting - September 13, l9g9
2L
City Council l4eeting - Septernber 13, I9g9
wordered how preased these people are people on the other side who vouLd be ableto see for scrne distance t,'ould be seeing fairry rarge strrrctrrres that dqninantthe top of the hill. !€ feer fron an aesthetics stardpoint, tastefur singrefamiry deverognent of the site raourd be srrperior, at reast in the eles of thepeopJ-e beholdirg fron down below to condGninirms. This is a contin-uation shoE.The first one rras, this is a [Eno):ama in other: v,ords. btating the camera .Thi.s lErticurar picture is the sorrth of t ttls take taken frcrn lrre park. This isan establishing shot and it dqnonstrates that if you rarere in that furk ard therewere str-uctures on top of the hill, that dqninate the top of the hill, :rou,d seeit from there. The morrntain again, this one is taken frcrn the interseciion ofDrck Lake Trail ard TII r0r. Thatrs a Eox Holrow hcrne in the foregrourd row.Again, the prrpose is to show that tt,"t particul-ar site dcminants-a fairry largearea ard
_
what is placed on it r€ think should be as ccmEEtibre as possibre witnit's envirorunent... I think that's it.
Feter Pf laun: tet me ans\.€r a few more qr:estions. Ttpre rras a cqrment vhetherwe as developers gave enor:gh. Ttre q.estion is whether should have to givereall:' but whether gave enough. rtre park ccnrnission requested that 2 6f ourlots becqne a park. Thel, also reqrEsted sc[ne trair. Ilhat rae did anl real1vdonrt get credit for, before we ever talked to planning Ccnmission o. 1ro* '
staff, v,e met with all ),our neighbors who border tfre site and their "oicu.n ,u"that there be sorne kind of buffer betr.teen errr project and theirs that \4ould bepreserved because they were afraid thaE if _vou sold single fanily hones, thatscrnebody vrourd have the right to crrne back in the back furd and -cut down thetrees so hre've agreed to put a brrffer in the back yard of aII the propertl, onthe totus Lake side of our site. that raorrld give thern the securiil, or rnowingthat that vegetati.on r,ourd be preserwed ard we did this by havirg piotective
covenants that goes on the deed that raourd preserve the trees foiever. Theothel qrEstion was. . .
Cormci lman Johnson: There are no Erees -
Peter Pfraur: ch yeah.. There's, wLnt the neighbors considex varuabre foriage.Itrs swnac ard trees ard high brush. Their point was thelz didnrt want to seethat destroyed because they liked that as a buffer so rc igreed to do that andput on the deed. I donrt knot, exacEll' where it cane in wi ttr ttre concept lhat
maydce lre should also preserve the slope by sone kind of protective covlnants so!€ agreed, Rick what erevation is that that t"e vDuld pnt-protective covenants ontle sLope preserving the sl.olE U.lat cannot be crrt dowi evln if sonebodl, boLrghtsingle fanily lots. They r,vould not have a right to cut the trees down.
Oouci lran Boyt: 945 I think is whnt I read.
Peter Pfrarrn: Ard the reason for Ehat was to pL'esewe the srope ard the woodedcharacte,. of the rand as mr.rch as possible and yet allowing deverognent. Rick,can probably point it out.
Rick Sathre: I think it was Jo Ann,s idea probabll, basically to prese,:ve thenotth facirg slope_ below an elevation of 945 which is right here. r gness thetssrre of preservation dovar in the r,,estern area is...park Ccnmission'sreccnmendation to take that lard for park. Then arorq the southtdesterry face ofthe plan, wha! peter mentioned was conceived of as thit other brrffer sti:ip. Igttess that preservation area is the northerly 20% or scrnethirg of the lard.ProbabL!, more than thaE.
t--
L
[-
22
{-
I
Cormcilman Johnson: 997.
Robert Rojina: My name is Robert Rojina. r live at 480 rndian Hilr Road. lhearnount of traffic that's on pleasant vie\", Roai now is pretty srrcstantial sincethe lEar Morntain has started and the n., i==ia*t" have moved in. ry putting,f= i:.45 units in rp there? .the average iurniiy f,u" 2 cars. That,s what, like90 vehicles- I4cre vehicles wir-r be *iig th"-.o"d than there is now and rrealry feer that there's got to be anoth6r access out of Near lrountain as thevhave it planned now other U)an what the:, hJ;:*-
Rick Sathre: your honor. lry name is Rick Sathre. Irm the ergineer forHrrdgrens . I work for m], own cqnpany, Sathre_Ber+list. Vltlen $,e plan the singlefamirlz neighborhood, v,e were. trl,ing io n"-"o"=i"t*t with the way the concept ofthe condonini*ns or the murti-timiiy =t;;"i;;;; !€re pranned. Ail arong sincethe first effort at this. site,- ttre ifanning
'"iio.t,
we,ve tried Eo fird the bestwa]' up to tte top of that lslorr, that mo,rnfain. tha t near morurtain. I€ chosethe spot to go rp the sIoIE thai was * -o"t'g""t1e ard there ui.n;t ur.,1, g"ntr.sIoIEs out there on that,aite. a s"conaurl, -a"iess to the site v,ould be, I guess
!he-nex! most. gentre spot to c*ne up rc ln" r."ou is rroquois or rrdian HirrsRoad ' r think that street graders probably ar;rrd r5B. rt,s excessive. r,mnot sure what the genttsnan meant eiactJ.1, i1, where else we .oulJ go-to;r, lut u
ff:::. , \^ranted to make. Al-right, raef f Uraii s verl, steep. rf 1,ou-!ralk through
Robert Rojina: r grew Lrp in that area but if you do put it do\,fir throuqh rrxiianHill Road, rroqr:ois, whatever,.il..r'" d.f..ai,B-a;-nI.*; L nf,i"'iri3 n_p..easlz access out because you stirl have a great aeat or irattic i*ing";rr th.way through pleasant view. here_wer.
-
uctu"il1, peopre have .o pr.po"""Btiler thanto get to Hcelsior or- out to TH 101.
Rick Sathre: .o:r proposar has never been to connect that as an actr*r street.The proE)sar is ro provide for anergenry access in ehe evenr ;i ;-;i;; or.- hearrattack or sonething of that.nature. t lgr.e with lzou that theie-aie-io'Airectlinks. pleasant view Road is a circrritoira ,o,',... TI)at I s some of the cham ofit I guess.
Robert Rojina: Itrs not ver:, practical is it?
Rick sathre: welr we'ive t,:ied to direct orrr traffic towards TtI 101 recognizingthat the majoriEl, of people v,ould .se that thoroughfare to go to ;o*aJ*Chanhassen or to go Eo Minneapol is.
Petet: Pflarm: The ansrnrer is that from da}, one the vast majoritl, of Eheresidents insisted rte have no access on pleasant view Road]
-ga'. nutt.. orfact, thel, \,vere adamant ?hout it. They'd fill this room. Ihey,re still upsetabout it so r^/hat we did is rnre said the onll, access v,e wanted was j.n case of ansnergency. rhe ortrer i= ]"=!^3-u3ir, r.v:atking trait so ;;;" J;";".;!frnalng roy!1t, ard this goes back to 1978 when there mr.-rst have been, I don't know, 300 or400 people. There was a lot of people verlr upset and tfrey'sial ,ritn u" on o,.,.project because Ehgy felt j.t vras the bes! ise of the lard brlt they made it vervclear that they didn,t want anv traffic on pleasant-Vi;;";'.#;;;uHi ;;;:;"one. The over riding concern.
City Oorrncil tteeting - Septenber 13, I9B9
IL
23
L
Rick sathre: The other big issue to think about is what we're realr!, proposi.ng
Eo do is rednce the traffic by changing the land rse. Itre approved ioe is ff+-multi-family dwellirqs which largely have 2 vehicles too.
Peter Pflarm: On the average.
Rick sathre: Right. 43 or 45 single famiry hqnes \"rculd generate mrrch resstraffic than the multi-faniJ.lr use.
Robert Rojina: I donrt knovr. Since like you said, since turdgren Bros. havebuil! the Near l'tormta in additj.ons, the anrount of traffic on pl6asant view at an],...therers probabrlr, r'11 bet \rou it's at least dorille. The anorrnt of more carsard traffic on Preasant view, r don't know if 1ou ever go out there ard watchard clunt cars. you hear a rot of cars that travel pleisant view dLuing the dayard itrs not a verl, big road. It is a ver!/ culvw, wirriy road. r reall! thinklEar l'lounta in needs another access to ease the flow of lraffic going ari the r,,a!,
throrrgh Pleasant View to get to CR 17 or tsrcelsior, to powers Blvd..
City, Corncil lEeting - Septeinber 13, 1989
Rick Sathre: Let me assure :,ou that \,e,ve tried to choose the two mostreasonable access points alread-v ard they're farther east on pleasant View. Ithink the other thing to rsnsnber is thal htren llear Morrntain was conceived ofard first stal:ted, there was ver], little develotrment except for right arourd thelake, tot.s Iake arld Silver I-ake and *rristmas [ake. Iarge areas of UaenPrairie ard the rest of northern chanhassen have devero@ dr:ring this same tjmeand r certainry agree that the traffic on pleasant view has increased brrt rdonrt think in fairness that you corrld say that it,s the Near l4ountain
neighborhood alone. r think it's an accunurative thing and r think the trafficwill increase even fu::ther.
t-
r
Counci lman Johnson: l,lr. t4ayor, we seem to be getEing into an extended
discrrss;.on on rroquois ard Moncay night ue had residents i.n here. Inle discrlssedthis l4ondalr night. l4orday night \^re gave these residents ass.rances thatrroquois. was not goirg Eo be made into a street. rf it's now beirg recormerded
by. planning and engineering that it is made into a street, ma1,be G need to pr_rtthis to bed real Erickly. Iry personar point of view on troqu6is is, lookirg atthe grades and everyEhing, it's the onL], logical place for an energency accessbut that is as an snergency access ard not as a stre3t. similar t5 whlt we'retrying at Centex. I don't kncw if it wiII work brrt I donrt see an)/ reason to go28 feet wide. I think we've got 2 people that don't know wh],. l,te-i ther of thsnwant it. t^letre not hearing frorn the trEople who do want it. I,d like to hearfrcrn Gar!' as to why he wants a full street right there ard why we can't do itwith a_snaller, single Iane a-nergenc], access? That,s kind of-a peaestiian paEhmost of the tjme, an anergencl, access if needed.
Garl, warren : l'tr . I4a]ror ?
I4ayor (trniel: co ahead cer]r.
Carl, Warr.en: SEaff's position, engineering,s position has been I thinkconsistent in the matter: ard we've meE with Rick ard talked about it ard triedto kick arotud ideas. r know it's no srrrprise to Rick that engineering sti]-lsupports a full secoMary access Ehere. The gLade, the torrgh grade on rroquoisarread), exists. the 15? grade which it is i'.s for the ex i stlng - roadway in froncof the existing proper:ties which is br-=irg rrsed. As yorl get ',! into tL slope
I
24
r
into.IEar l'lountain, that grade is far more graduar ard we get back to evenwithin the city standards of 6z to 7%. so i tninx that sh5rrld be kept in mind.werve rooked at what the r,bar r4ountain, tLre sirrmit proposar here, we'croser-ylooked at the 10? grade thatts being proposed uy ttre deveroper to cane in and
:ee- if !ha! corrld be improved on arxi get closer to City sta-rxlards.Realisticalry grading and impacts to the site lDuld not atrow that to happen sowe bought into the fact that cornpr:onisirg cit1, stardards on this I0? but wnat ithas got, I guess a concern frorn an engineerin! standpoint, and I think it,ssuppol'ted by the Erblic safety departsnent here, is that rae are brirgirg in roadsinto the site on scme ro'gh giadei. T?re actLrai furr access i, " ioa ji.a"
proposed with retaining walls in sqne pretty extensive areas in tiri= ioz gruo.area and a large densitlr, or gnall cormuni t1, up here up on the mountain. I guesslte arl have our owlr jmpressions about what catanities arrl envirorunental hazardsare ard what's the worse case scenario that co'ld happen but it continues topoint r think to pubric safetyrs interest aru ergineliing,s to be abre io u.""""that site. I'ralbe you can ccrnpromise sornewLrat on- the roa6 section frcm tfie 2gfoot section but it horrldn't be frcrn an envi::orrnental haEn stardpoint. Thecentex, curr:, Earm issue maybe, from my perspective has scrne$rhat tainted me onconprcrnisirg on our road sections. once burned, twice cautious here. t0E'restiLr working on that one. r guess that'!s the engineering position on it. !€think in order to adequatel!, service that site, we really-bilieve that thedetriment to r:sing that as an access more than putting ailz barricades oranythirg else on that site is that it is relativery an ob-sc'rre access. vihen youdrive Preasant view Road, a Iot of people don't even lsrow that rro+lois evengoes up in that r,ray ard re r.ror:ldn't be changing that attractiu. "nf.u.,.e o. tomake that entrance an:more attr-active and the slope and srrch so there are scnenatural aspects of this that r think raprrLd rnake it a deterrent fran a conmon usestandpoint. Elrr cit1, section out to pleasant. view Road worrld be the mor:edesireable.
City Corrncil lEeting - September 13, l9g9
counci rman Johnson: vihat's the street that goes down after rndian Hill Road or!t'nateveE? The street vou get dorm ard then you get to that 2 ta,al, stop, thatT intersection. that's probably one of the r,orse intersections -in o,ri citr asfar as visibilitt, ard traffic.
t
Rick Sathre: It's called VallLnlla.
corrnci rman Johnson: Yeah, valrharla. what--ver. rtrs not a place that r'dIike to see any kird of increase in traffic. That's wh], f 'm, 1t therers scrne
\.Jay to make that an sner:genclr. this is a lot differ:ent Ehan Centex in thatthere's no easgnents anl therers onJ-12 one owner invoLved.
Rick Satlu:e: Your Honor. If I could, I'd like briefly to shoe, :,ou v,rhat r,E'vetried to do in the design of the single family srrbdivj.sion to lesser thelikelihood that there r^,ortld be a need for using that secondarlr access. Theclrl-de-sac, the dead erd wiElDrlt secordar]/ access lealllr starts down onTrapper's pass and a section of the street that's not bnirt. .Ihen it qras a oneway in ard a one way out a1l tfre wal, np Eo the top of tfe knol1 where thebuildings vould maldce clrrster. 'Ihis distance \^las over lr@0O feeE. I don't knowexactrl' what it was but the previorrs coLrncil Lecolni zed the need to have sorne
other_- vral, to serjve tlat knoll other than jrrst one dead end. vihen r^E did thesingle family plannirg, rae wanted to get awav fl-om one way i.n ard one urav out.
!.Ie previously had put. in a secordary exit and this jrrst got pavea in the rastfew days down on Pleasant View brrt now (.rhat wou see j.s on the knoll, up on the
25
L
City Counci I l4eeting - September 13, 1989
rrDuntain we've got this loo@ street so therers really onII, aborrt a 6AO ox sofoot rong area that colrld ge! bLocked and carrse problqns. rf blockage occurred
scnewhere else, r^Je don't have a problsn. There's ttrl vJa:rs in ard oLrt so therersIess likel:, to be a catastrophic probLsn. With decreased traffic and everythingelse, he just felt it rtoul-d work without a whole street. But I agree very m,rch-with l4r. Warren tlnt werre not talking environmental harm by making the
secordary connection. We're onl:, talkirq need.
@unci Iman Boyt: I have a question. yorr said only 666 feet so it's not aproblen. Did I hear that rigilt? Thatrs what I heard.
Rick Sathre: I'm sorr],. 6A0 feet- is long too but therers a big difference
betvreen a 600 foot one v,Ery in anl out versus over LrgTg fer-t. lr5Tg feeL.
Cormci lman Boyt.: llow are lte now down to 600 feet? Where's the secondarv
access?
Rick Sathre: the street loops here and tlEre's more than one vJa), to this point.
Olce :/ou get to this po;-nt, therers more than one way to get to everlr hone abovethat point so if there rr,as a blockage in the road which \"Duld prevent access, it
r,,ould have to occu.r in this one little segment of the road. Thatts what I mean.that r.Es the point. t& tried to make it a less likely event that the road \nDuld
be blocked.
Counci lman Boyt: D<cept if it is blocked r voutd still block 37 homes. If itblocks in that 690 feet.
Rick Sathre: Then t}at secordary access, qnergencl, access would be used orshould be used.
Corrncilman Bolt: Can yorr grrys talk to this. I'm real concerned about, theqnergencw access when it's flat ard werve got scrne rocrn like say the Centexthing here, it becones manageable to get in thel'e and plow it brrt now we,re
talkJ.ng a narlow road ard a grade arxl I,m a litt.le concerned that our qnergenc:/
access isn't an access at all.
Cnr-.:, Warren: Iroqorris is plowed right now,
Cormcilman Bo:,t: !G]l I'm talking about, we,re talking about putting scrne kindof breakable barricaCe in there. Now I know:/ou're not. They are. If they put
scme sort of a breakable barricade in ther-e, can -we keep that clear?
Gar], Warren: I donrt know if Irm understardirq -.ro,] compleEel:, Bill but thegrade of tl}e road on the srumlit area here is actualll, within the City,'sstarxlards, 6Z to 7e" grade could be brrilt there.
Cornci lman Boyt: Brrt yoLrtre going to have to prtt some kind of a trrrn around ateach erd of that barricade right or wrong?
Gary Warren: Yourre saying if you prrt in a barl icade?
Councilfian Bo!'E: If :rou put in a bar:ricade. Wet re not talking trll*u street
fere, tJe're talkj.ng about some kind of an sne,:gencl, onII, access. Ihat meansbarricade to me. Is that the only Hay we can control that?
l'
r
I
26
r
City Corrncil r.Eeting - Septanber: 13, I9g9
Garlr.Warren: If lrou're goirg to put in a barri.cade, then )/ou,d need to rnakeprovisions for vehicles to turn aroryrl.
Corrncilman Bo1,E: Okay. tet,s EaLk about that a little bit.
Rick sathre: orr proposal has been to create a 30 foot wide corridor that r^Durdgo throrrgh between the rots. rt's angled off frqn the crrrrent Irdian Hiu.s orIroquois so that we donrt have headlight intrusion one wa!, or the other. hlapropose that there be rike, what he tarked about a one laie wide paved what*,,1q F .qed normarr:r as a trail. r think that the gate that biocks the thi ngwourdnrt have to be a break avay barrier. rt could lrrit le a gate that swirgs -
ani anyicody that r.,anted to swing it open, could swing it open. If it,s meant !obe an <nergercy access ard that's abused, then thereis a p;obrsn anil then youpolice it but r think rocking it is too qmbersone on por-ice and fire people. rthink it should be easily moved or not there at all. it r,rcutd be plowed in thewinter b1r one trEss of tn6 City ptow.
Cornci lnan Bolrt: I can tell you froo m}, trErspective, I canrt ever conceive ofvoti.ng for the City to build an I foot wide road or for the CiC!' to haveresponsibility for cleaning a driveway. I jrrst canrt jrnagine ii from m1,perspective.
Kevin EEe[Er: Could I make a point please?
l4ayor Grniel: Sure. Go ahead.
Kevi.n PeeIEr: l"I!, name j.s Kevin Peeper. I live aE 541 Irdian Hill Road and jrrstlookirg at, Ird like to point out here with this overlay. If you made this ithru street, furr section street, headl- ights from this, cars eiiting will shine
down on 2 existirg hornes right here. Direct light inLo those housei. I,re wereoriginally told that this raourd never be a thru st]:eet. rt was qnergency onr]r.l€ have a steep grade here. Steep lots as well. Ther.-e,s a lot. of snaLlchirdren in this area. rf lzout re accessing 45 houses orrt here, it pr:ovides aver:, good walr of access for these peopre to come dot{l here arrl go over to powersBIvd.. f think you shotrld not overlook the safetl, asEEcE of jeopardizing thepeople that are already Iivirg in this area. Not only that bat the fact thatthe headlighEs on these t$rc horEes. Thanks.
l4ayor: Grniel: An:, olher further discrrssion?
anything from the audience?
Does anlrone else wish to address
AI Kiaaner: My name is A1 Kraemer and I live at 53I Irdj.an Hill Road. I j,lst
want to make reference to the obscrlre natrlre of Irdian HiIl Road as referred to
b1, the engineering departrnent. I'd say that the dead end street sign at the
boEtom of trE street righE now contributes somewhat to the obscure iature of theroad and obviottsly if that -were a thrr] street, vorr ercrrld no longer have a deaderd sign ard I think people uorlld discover that itrs a road.
car:r !^Jarren: I guess r would agr:ee that at this point in time a dead end signobviorEl:, is a deterrent to that asIECt. However, the fact that when vou lookat that intersection and l/ou.can't see an1,th; ng except a sharp left ar-so to thepeople who alen,t familiar with the area, rnorrldn,t expect to iee that as a
convenient route. Another poi.nt jrtst bliefly, that fr:im my perspective r+e've all
27
L
taLked about' not onr:, witi this subdivision brrt with our van EeckhoutsuMivi.sion, about preasant view Road and how if rre all corrld do it over !,e,d doit over. The point has always been, the less that people have to traveton Preasant view Road, the better he arl are. ry not iraving an access at thislocaEion or one of the secordarl, benefits rnayUe of havirg ai "..u=i in tni"location is that peopre vrtro. are inler.ested in going r,,est;orud to get lo nowersBlvd. ard gettirg to rxcersior ard srrch, wilr be sfunairq less tiie on preasant
view Road and scrne of the torrgher lErts of pleasant view Road. withouE thatacess, the vrestbourd traveler has to go to ttp access currentll, now bl, ourIdcr:th lrtus [ake park area. cet on preasant view Road. cc,ne lown thiougn thechute there so Eo stEak ard then on out so an extra distance traverJ. - r thinkthat should be recognied on preasant view Road instead of ccrning o"i-t"r..
@unci rman Johnson: But with 45 hcmeowners in there, or 43 horneowners wirrdiscover that road very quickly ard all their guests and nalbe scrne servicevehicles.
Bruce Ncrd' r have one last ccnment. rt looks rike rrcu're arl getting read!, tog9-hong.so I,m just goirg to jLmp rrp here. I\ry name is Aruce lo16. f iive on55I rndian HilI Road. Irm on tot 11 right there. I,m going to be havingprobabry the most affect by havirg a road through therel t6e road itseri is,everlbody said the grade is so steep. sGnetimes $E can't even get up there inthe wintertime on a bad snow. In order for irou to make , ro"a ltrioulh -ihere,
yorr're going to have to change everyEhing. i mean .rc,r,re going to trive toregrade the whole road. Have to make it wider. At- certaii ti;es, ii'you get acar parked on either side of the road, :,or.r can bareU, fit a car down tie middleof thsn. rt's a road- rt'is not an 'rpgraded resident-ial street. rt was made 25l,ears ago ard itrs the r.Jay re like it. I don't mind walking up the hill acorrple times a year when it snows brrt the vrhole safet:, fact5r of G"irq- p.opf",potenu.arll, 90 cars using that road. rherers a rot oi rittte kids on -Ehe
roadard l,ou know, anlzbody Ehat'|s on the road arri they're not famiri.ar with i_t ardthey're not familiar with ]ittLe kids on tlrere, in1, road with a grade like that,i_f- 1,ou're not ridirg your brakes doven the hiII, you get goirg pr:6tt1, fast,Unless y'ou live right there and )/ou,re a!,rare of this; th5re'i iEopfe qoing to befryirg down that road. I-mean yo, probably courd take vorrt foot off the gas,off the brake and you coLrrd probabLy be doing 45 mph by the time you rrii trratcurve if l/ou werenrt aware. of that. Irm jrrsi real- concerned for 3ver1rbod1r,ssafetlz. Iherers a lot of kids ther:e. people walk their dogs. Wt"ii,i, -.,ou
access to PLeasant View a. few hundred lzards down or right t6ere, lrou,re iii1going to have, 1,ou're right in the heait of pleasant view noaa-iignl ti,....Yourre stirl going to have tlre sa,.ne amo.lnt of traffic so it's 5,.,"i u .eil- uualdea and evervbodv on orrr.sEreet iS against it. If anl, Of :roU hJant tO drive Lrpthere ard takS a iook at it, right "l'trr.-n"tir" of it there,s a big crrrve tooand. it's a really bad cruve. yorr have to be going realll, slow uro,rid it. If:'ourre shooting 90 cars, potentJ.arry 90 cars Eown-that i,irr, rritlinj-tiit curve,}'ou'r-' jr*t going to bu:' yorrrserf. a lot of probrens rrm afr:aid. As Kevin said,qte undersEood when r,e borqht orrr ho*se 5 yelrs ago that that rorrrd never gothr-ongh. that it rrnuld jrlst be an aner:geic}, access. As far as a tn!-n arorrndfor a prow, heck. rtts a dead erd now ina tr,ey .se orlr driveways to f,rin their:ttucks arorrrd now. The1, corrrd feel free to do it in the frrtrrr-.e- so as far as attrrn ar-oLrrd access, that isnrt a rear probten. once vou do r:each the top ofthat, the grade is qrite snaller.
City Corncil tbeting - Septen cer 13, I9g9
r
t
28
I
Peter Pf.au'n: I have trrrc Elick points. One is, yourre not rea,Iy talkirg about{- 45 homes .sinq it. this raorrld G a short c,ri f:l-.. rot or popi" in the p}iojectI once tl.y lealned about it. S*o.U ol-uif, I thlnk you,re doing a realI injustice.-- If the Council's ..ufty =".Io* abor:! 1r1l.x1lng Iroqrlois throrrgh, ifI Ehat.,s really whaE lhe voters goirq to be, I think ],ou o\4e it to the rest of thepeople. I know whaE a big topic oi conc.in pleasani view is. -itl" not as big atopic for rne b.t r know the residents trnt rive d.,"i". --rr.y-*,lia r;[ ai,i"roqn ard if yorr rere really serious about rrrming d.,.i th;;irg;;
''ii tn.t," tr,.consensr*, then :'ou rearly or,re it to -\rour citize;s t. tJi" -i;'#
have lhqncome here and speak. rt doesn't kiII us ir pu run
-it -th;;rg; irI r xno, t_t",.,don,t want it. ^r e&vvYr. u.L
cor:nci I r.rornan Dimrer : . r guess r rm ready to ccnment on this, r,d like to savthat I aqree with peter pflam that noie of * ... ,i=" u*"g; ;.^:= ii;;."into the future- ltat's the. point that r was trying to make w"ith orrr rast itqnon the convenienc.e store ordinance. I think ttrey,v6 J.* .'gi.Ji :"U. Not onl:,in Gnnhassen but in alr the other cqrmunities ti^t rirr"-*.i-tr.,"i. develolmentsin ard r think a major concern for me is tt.t th" neighbors are alr in favor ofthis. rherefore, and r rhink ius in coniormitl,;rh'l;;-;_[iiii
"uo so r movethat r^E accept the puD amendnent to reprace lr4 condctnini.tns witn'as =in91efami I], lots and that for safet!, *n...i=, Indian Hills ,,ti.n i"?*..fyIroquois, wiII be qnergency access only.
Qity Qorrrrcil t4eeting - September 13, l9g9
f4ayor Grniel: I'd second that.
cotrlciljnan Boyt: rtd suggest to :,ou that that wirr fail. rt takes a for.rr_fifths vote.
Counci lnan Johnson: !€Il, for discrrssion pu!.poses, therers a lot of othe[j-ssLes to be decided beyord jrrst ret's :.et'ttr'is qo. !.tre,qe got Ehe park issue.!€rve-got- a triangrrlar lot in there wtrich I,m srrrpr-ised there hasn,t been a Iotof talk about that triangular lot :ret because ever!, other place we,ve hd atriangrrrar l9tr.the pranning staffi s junped Lrp and dorvn abo't. r,d arso riketo see scrne desiqn of that qnergenc], i..iss. Wheth3r ue put i, n.fi *y throLrghit r,e prrt a trlrn arourxf where v,e...-
@uncilwqnan Dimler: Can that be disclEsed later?
Corrncilman Johnson: yes-
Counc i luqnan Dimler: i^Ia don't have to get the detaj.ls on that now.
counci Lnan Johnson: But hE vrant to know that there,s going to be more design tothat ard ttre brrilder needs to know that. It,s not ;,rs[ goirq-to-t"-"-tiuif.the vEl, I see it is Ehat half vJal, throrrgh it, ther:e,s a place for snow plows to90 rrp, move sqne snow ard there's a barrier at that po:.nt so the!, can piow iUccming from either direction and there's a barrier Grr*uy tr,.:oir9r,-tn"[^ rn .r,qnergerc], \ror l can go on thr:ongh that ba):rier then.
Cor rnc i thrrnan Dimler: Can qE r-ecGmend that they get togetherj with citvergineerirg to design?
corrncilman Johnson 3 strrff like tha E br:t qe arso neqi to look aE the parkissrres.t
29
Cit:, Corncil lbeting - September f3, f989
Councilwonan Dimle,: !
Counci Iman Johnson !
ard 9?
I think E}le:,rve been wel,1 erough addressed.
I4hat are thet? Hov/ are they addressed? Are tte taking 8 l'
Counc i Lr.{cman Dim.Ler: Park and Rec recormend d 4 V2 wasnr t it Jo Ann? tlEI ll
take their recomerdation.
Counci lman Johnson: Okay. lihat about the triangular lot? What do lrou think
abor.lt the triangrrlar lot Jo Ann?
Jo Arul Olsen: I love it,
Courci lman Johnson: You love it?
you say llcu Iove thsn?
You've hated it every other subdivision now
Jo Ann Olsen: that $,as one, there are a lot of other issues re r,,ere Iooking at.I didn't reall], focus in on that.
Courcilman Johnson: Yeah. I know. ltpre's 26 conlitions wLrich is a heck of alot corditions but it's a big place.
l,tayor *miel: Is that brrffer on the 26 conditions?
Counci lman Johnson: AL so the buffer. I'd like to see that. Therets a couple
other: things. The buffer. The clear cutting of tr:ees throughorrt in this ratrole
area. I know :rou've got the 945. It sesns inconceiveable that people qorrld brry
a wooded lot and clear but it but I can show lrou two examples that have happenedin the last 2 !'ears of people bul,ing a completel:, forested lot...
Counc i lr,roman Dimler: But canrt t'e, with the histor!' of this particular
deveLoper, he sesns to know how to work arourd tbe trees.
Corrnci Iman Johnson: It's not tjre developer. It's the homeovner that cleared
the trees. Oxe on take Rilev.
Cornc i lwornan Dimle)-': !^Je're talking &out the develotrment right now. I^Ier re nottryirg to regulate what the specific hcrneowner is goirg to be doirg in thefutrrre. l,le're trying to get the PUD changed r:ight now.
@r.tnci lman Johnson: Ard this is the point tllat :,ou do that regulation. you,re
going to sa:/, one of our things for this is that no horneowner can be allohEd toclear cut his lot.
Courc ilflan !'troLknan: Isn' t that item 2 Jav?
@uncilwdnan Dimler-' : Srlre it is. I t' s covered because late)- on it wi lI be ,the City has to approve, with each permit the Citl, has to applove a particularsite, Okay? So thatrs covered.
Cortncilman Johnson: llc, thatrs not covered.
r
ICortnciLwcrnan Dimler: Srrre it is.
3q
I
City Ccrrncil fEeting - Septsnber 13, 19g9
@unci lman Johnson: When thel, brrild their house,but 5 minutes laterj the:, can.
Oka:r, the next hcrneonrner buys the lot and cuts ever], tree
Ehel, can't cut the trees down
Corrrrci lvrcrnan Djmler: They cone in for a permit and tfre Citl, raorks wl th thsn atthat tfure.
Corrnc i lvunan Dimler: You can I t contr:ol . Gn yorr see 10 lrears down the Liae? 26years? Jay, if voll cdflr I wish I could. That's r,rorderful.
Councilman Johnson: Idhat I'm saying is, I don't lEnt to see those lots clearcut I0 ltears fron now or 5 ]rears fron now.
Corrnc i lqrrnan Dim1er: Brt :rou can't control what people are going to do l0 to 15to 20 years frcrn now.
l4a:rcr Gmiel: As most people do when tl:ey get their ol,.,rl lots, it probably
happened one tjnre ard thatts a problsn but just as evre]rone else Gs done, I
came out to m], prolEr.ty and I had 4 trees totalllr. I now have 43 trees sinceI've lived there. Even if Ehe:r're existirg, how-many' people will cut thsn do!.,n?
Corncilman Johnson: But in the last 2 years !"e've had 2 peopLe clear cuttotalr!, wooded lots reavirg in one case no trees arrl in the other case a colpretrees tossed here and there.
Cormci Iman Johnson:off ttle lot.
Corrnc i lwoman Djmler: So we're going
hold up this? Thatrs not what wetre
to stay here and discuss this forever andhere to discLtss in m1, opinion.
Councj.lnan BolrE:
concerns?
Jay, malrbe vorr cotrld srrggest a possible rra:, to cover luour
l4alzor Grniel: Yeah, wtEt is your concern on Ja!?
counci lman Johnson r r need Roger here is what r ne€d. Eor how to make iEqn 2go be:,ond the original builder of the lot. How do r,,e prrt a covenant upon thelot. Don't tell me v,e canrt. Are )ror1 a la!,4,e8?
Corrncilman l{crknan : I^lelt \^e can' t enforce a cgvenant later any,ray.
Gar), warren: Itrs recorded against the propertlr.
Corrnci lman Johnson: I mean }'ourre already saying the 945. IhaE r.re can enforce
Ehe 945 which is a real good start for what we're doirrg.
Michael Pflarun: E(cuse me, ma:, I ask a qlteslion? There is a prohibiEion
against cQttirg anl, trees below the 945 elevation on those lots.
I'la1,or Grniel : that's sGrlething that worr're going Eo have registerjed?
Michael Pflarrn: Right. Ard the Cit:, of Chanhassen i.s working on a Ereepreservation policy arri ordinance is it not?
3l
City Cormcil t4eeEing - Septernber 13, I9g9
Counci lwonan Djmler: That,s right.
Michael Pflaun: I.{eI I it seems to ne that the application of what CornciLmanJohnson is sayirg should be city wide.
CornciLman Johnson: D(actlv.
l'
l4ichael Pflaun: Ard if that,s the will of the City Corrncil,by ord inance ard govern ever:rbod], in lhe city of Cttanhassen.peopLe that live in this particular srtdivision.
it shorrld be done
|'lot jtlsg ghe
counci lman Johnson: Agreed. Agreed ard r^re are tryirg to do that but that isnot before us tonight. .WF!'" before us, .= 1,ou siou,id in lour pictures, is thel'lea.r lbuntain that is visibre arI across this area arrl if tlre top, ,t"i i" itBlock 5, tots I thru 15 are almost totalU, treed lots except for ;, those lotsarenrt protected at all fron clear cuttirg.
I{ichael pfrawn: EErEate me. I4trat is the definition of crear cutting so r knowwhat we're talking about? Is Lhat taking aII the trees down?
Counci Lman Johnson: Take all t}Ie t(ees down and Futting in sod.
Jo Ann olse!'l: Any.thirg over 4 inch cariper, 4 foot height is v*rat ue define.
cormci Lman Johnson: Right. Brshes ard srnnac, thatrs one thing. crearing brushis not considered clear cutting but takirg out :/our maples ani your oaks ardstuff-so. tha! y9u can pla], croquet in yor:i back yard. -the greei area showedarourrl the citcLe is aII solid trees.
Rick Sathre: The green area there is the mature trees I can sa]/ it right now.
Peter Pflarrn: The reason for that area, qE put the protective covenants on isthat is the most visible. Ttrat has arways bien the one of most concernthro'ghollt the history of.the project so r.,e fert if rr," can put a covenant onthat and protect it, and.if yorr know the slope, it's verl, "auaa" ,"a-un'rUoaybuyirg there r,Drrld brr]' wi th the knowledge th3t '
EfE:, corrl6n, t take trees doMl.Brt the _othe,: area is pretty m,ch similar to anyboil, in yorrr curmuni i.," u*,o,s gota wooded lot. So r,,e thought iE vould be enfai.r to penatize those peo;Le whenthe benefit is realr}, a neighborhood benefit. The benefit with thi aiea of theprotected covenants is conmlrnity benefit ard that's why we chose to Jo-;.t tnatWa!,.
Corrrcilman l,trcrknan: What is the green?
Peter Pflarm3 the gr:een area is the actrEl one...the trees are and wtrat Michaelwas salzirg, I,m going to direct vou bo a point. One, the area that is mostconcern to t}Ie residents is the area that qerve sho*rn right r.ritrere r,,e,re willingto put protective covenants that cannot be crrt in trle frlcrrre arrl that qoes onEhe deed. rhe other area of wcods e,e feel is onry rear-t-y i-u"n"rit-io'in"neighbors arxl r dontt fee1, what Michaer is saying, r.re don,t Ehink iE's fairthat those EEople who brl}, those rots shourd haize Eo have a covenants on theirprop-.r t:, when anlbody else in the conmuni t1, does not. If those trees were arTLrl or concern to all the people arorud it, that,d be true brrt in this case it
r
t
32
r
Cit:, Corrncil lbeting _ September 13,198 9
isn't. The ones that are a major concern, vre have protective covenants on.that's all r+e r re trwing to sa1r.
Councilwcrnan Dimler: yes. Itrs covered.
Counci Lman Johnson: In l'our opinion itrs covered.
Councilrraanan Dimler : yes.
Corrrci lman Johnson: So yrourre- saying that the view from lhe south, the viewfrcrn the v,est don't co,rnl? OnI1, it"-Stoi"r"J vlew arn the lb],er,s view countbecause those are the people thlt are th;;; concerned.
Peter pf laun: tib. lte r re sayirg . . .
A loss of trees, the loss of the envirorrnental benefits ofCounci lman Johnson:
trees.
Peter Pflarun: I,lo ltEtre not salring. !^e're saying that if },ou r re out on the siteyou can see what we'|re talking about. the siivei r-ake side is *n!i", "ii."t oralr that's a nat're preserve area. the srope there realrl' goes down 6g-70 fee,.Almost solid dor,m ard the,sEarrl of t.ee"-liIle is vel], significant. ft theother: side wlpre r.re showed a_fittfe pr:oteJtiil "..u, there really aren,t anymature trees in that particular area'. Lrrsas !sqJ'rl' d!en'
counci lman Johnson: rrm nct concerned aboat that area. Itm concerned aboutthis area. There l,ou go. Ihe top of U"-rnountuln.
ff:.i"frt.,*, And r rhink the issrre ther:e is, is j.t rearLy fair for rhern bulzing
Corrnci lman Johnson: I^tr3,ve done it elsewhere. It didn,t rrork.
Councilwqnan Dimler: so wh:, are rle trlring !o do it again?
Peter pfrarnn: r gr*ss that's the issrre. rs that rearly of significance to thecormunity? r mean vre have never had a pr:oblen. tt..'"'noi *ii-^ii"i.aan,a
f::^ 0.. peopre buyins our here .;. d1,i;;;'pra.ir.n u*.,r..-ifi"^" iooaea
Corrnci Iman Johnson: yeah. Arxl then they cut aII the trees down.
Peter Pflatrn: lihat werre- sort_of saf ing that !!e tried to protect it where *eknew it was of. comnuni tl'. benefit .na- r,ui,,iu-pr,"i..u. ...u. And the other areaswerre just sying, hetr, it reall:, isn't *1, iiit.."nt than th_- trees inltatrTEr ts pass.
cormcilman Johnson: r'tobodf in ltapper's pass has clear crrt their lot vorr know.It was t!,,o other neighborhoods rhai did it. rr $ras rhe iJirii."r ^ti#*."..
Peter pflarm: r think rearry the only sorution for that is to have scrneP(otective covenants are not effectiv6, worr have to have an ordinance aqainstit. yo. tr:eat everybody the same. ttrit;s r^,i,at-ui"nIi-# ;:;i;;:''= ",
I
1_
City Council t€etj.ng - Septembet 13, 1989
counci lfian Johnson: r€ are trying. !€ are workirg towards flrat ordinance brrtvourre q, before us before the ordinance is throrrgh.
Peter pfrarm: Ert the tr'th of the matter is, it won't be brrilt before. rmean,. this qroject \,ron't get built this 1n"u. io. exarnple. I mean ),our ord j.nancewilr be well in effect before ard lhere ins to u. unoih"r subdivision buirtbefore this one gets on.it's walr becarse therers a project inbet*raen it. Sol,ourre looking at a minimrm of a year, lrear ard a hilf-before *yU,&y-.u.. g.t"up here to build.
I{a}br Gmie1: An:' other discussions on this Jal,?
Counci lman Worknan: UI t jmatel!, what do $re, I guess itrs all in the package butultimately wLEt can we reave out as far as decision it"nns tonilnii Gi * ".,nback to trees? Do r4e need to discrrss sidewalks tonight?
@rrnci rman Johnson: I{e can do trees and arr that stuff in t}e devero[mentcontract. l'Ie're going to see this thing a whole rot more ard th" ptuiting,
l4ayor Gtniel: you,re going to see the platting ccrne back an)4tra],.
counci lman Bo:.E: That arr has to be worked out tonight becarrse r courd be wrongbu! r don't think the puD is going to [Ess r:nress this is qnrked orrt. r donrtknow that it takes an1, big changei. I think it,s awfrlll:, close. Iim curious ifJay has scrne ideas on how he can protect those trees. rrd rike to hear them.As he said, we've tried a cor4>le things that hasn't been rear successfirr. Thatdoesn I t meEln lre shorfldn ' t try sornething eI se .
Councilnan Johnson: The onl:, thing I vpuld like to put in here nraybe is thatthis does not specificalrl, grandfaiher: to where they-don't have to compr:, withfutrrre woodrarrls ordr.nances. so sonebody can,t cor6 in anc say, trey iiris wasalread:, srrMivided and pUH so I don't have to conpfy wi*r ttrii. iusteriminate a defense. Historicarrl,, like yorr say, iL is a good exa.npre of thesaving of trees. The builders in ther:e tuu ,or lea ver1, diiigentll, io do thatard the hqneowners have gone in there becarrse the1, doni t ,ur,i Eo irow Lawns arrlput in trees...but therets alwalrs that one radical.
I4a)ro): Chniel : t^buld the developer- agree to that? I,ntat Jal, was sying.
Pete,: Pfla.^: r{e worrrd be wirring to go along with that. r think regalry wecouldn't grardfather it in anyr,v:ay. htre'!d have to go along with the "oi""ptof ...that r,"e abide by it.
c-orrci lman Johnson: r.rcw this i.sn't the pratting? we get the pratting ccme .plater right?
l'
t
Jo Ann Olsen:in.
Corrncilman Johnson: Okay, so tiis qorrld be the time to rntrjiangLe t.ot I?That's a conce):n Eo me. It,s not a hrrge concern in that it,s a side of thehiII.
Rick Satht'e: This tot L, BLock I that lron're concerned about?
34
l
thj.s is the plelimnar!, plat actrlalllr. Einal plat rrorrld be corning
I
City Corrncil lEeting - September 13, 1989
Councilman Johnson: yes.
Rick sathre: rtts about 175 feet wide at the street and it's aboet z2,aaa pr.,ssEure feet anl it's in the woods too. !€ didn't rearize 1,ou'd frcrrs-6n itbut I can change it.
Councilman Johnson : !^IeII vle' ve not allor.red thern elsewtrere in the last Z ]rears.
Jo Ann Olsen! It's difficult to enforce the setbacks.
Peter PErauo: rf !'ou e,ant to Ert in a condition to change that before finar.
counci lman Johnson: Rish!: so ]rour triangular, where is :,our rea.r lrard setbackof 30 foot? Ihere is no line to- set Uack iron. Itrere,s a point.
Councilman Worknan: It's the Colblr's lot.
Counci lman Johnson: So that rcrrld be coniition 26.
counci Iman Bo]'E: r don't see a good qaick sorution to that because 10u're r.tgoing to elj$inate t}te lot I wouidn't'imaqine.
Counci lman Johnson: fr.lo-. Basically l,ou move that lot line slightly to thewest and you have a snall back yard.
Rick sathre: r think therers a few wa's to draw a rine. r'J.r try one and ifyou donrt like it.
llllcilna" pV9.: Jrm jrlst curious as a concept. rt tooks to me tike vou,regoirg Eo make the lot snaller.
Rick Sathre: I think tiat's.safe to sa],. The lot that lre had drawn, it,s about2,9s-9 ?..3,0aa sqoare fa:t bigger tr,an lne sna.r.rest ones i.n ttris pariicutarsubdivision. I think one thing rarc could do r,,oqld be to cnang;-td;;i; of scrneof Ehe other lines. E€rhaps driw this line this vral, ard Ehis lire across this(€1' to create more of a rectangle orrt of it. r aon't think it rnoura truit r,ot zor 3. r !0oLlld think r^re courd balance the sqlare footage ",r* on
- tr,.t-'iot t* irrc tried.
Counci lman eoyt: 3 looks a little bizarre doesn't it? Ja!, I thj.nk Ehe Eimesvrhen r\,L''ve been concerned. about triangle lots is when thelri re been t,unea arourr:so the narro$, end is at the street.
corrnci lman Johnson: NJ- Therers Glan vista they had like 5 of thern ccrningtogether and it was in an area. wher9. if ever:rbodl, prrt fences ,r5r, 1ro,, t r,or. Thisisn' t the same t:,pe of area b*t I think it co,riJ- G '"ortea o,ri in6-;.il. . -
l4ayor d:rniel: Jay, is Lhat acceptable?
Counci lman Johnson: yes. Itrs even bether: than r,fEt I drew.
l4ayor (trniel: Can we move on this Ehen?that 27?
t
You've got cordition 25 then or ist
City Council t€eting - September 13, 1989
councilman Johnson: 26 tDuld be Ehat useress one about future tree ordinance.
Corrnci Lrrcrnan Dimler: Oka:r, so 27 would be redefine Lot I.
counci lman Johnson: r'd also like to see that 26 foot natrrre area increased to39. ?9 footts not very much. That's as far as fron rne to :,orr. In fact ,.e're
Probabl:, 25 foot or 30 foot.
Corrnci lman Bolt: llrw deep are those lots?
Rick sathte: Here thel, average arowf 2gg feet so the rear of tte hcrnes wewould anticipate the rear of the hcrnes being back not more Ehan ]:aa feet r i.rourdguess.
counci lman Johnson: yorrrve got a 30 foot setback in the back there anirway.Buildirg setback. I,bw we'|d have a 20 foot natrrre setback ard a 30 root liriraingsetback. !.ihy not make them both the same so vou don't have too many rinesdrawn?
Counci lman lntrorknan : I.,Jhich nrmber Jav?
Counci l:nan Bo!.t.:Thatrs 2I.
cor:ncilrnan Johnson: Right. rtem 21. Grange it to 30 foot. rtrs one less linewhen yorr get to the final plattirg to draw on each of those lot things.
I4a:,or Gmiel: Okay, ehange that frcfrl 2q $ 3q? Is that agreeable?
Councilman Johnson: yes. The minirmm lot there is lgg.
l4ayor *rniel: Oka1, w'ith those additional clnnges? I'11 caII a qnestion.
Counci lman Bol,E: Wait. Wait. Wetve got to get dotft to the othel erd of tbetabLe here, Real quick and Michael vou ma:, q,ant to wait to r:aise lrour concernsuntil I finish here. I tqn 2. Tree renovar p1an. r worrrd rike to add in there,approved by t}Ie DNR and City Staff.
Councilman Johnson: Or forester?
cormcilman Ebyt: yes. DNR forester. r'd arso rike to add that alr trees to besaved are to be staked off before the grourd is distrrrbed. so once ue decide,when laorr've got :rorrr tree ranovar pran and lie stake off Ehe trees that are to besaved, in that wa:' rnalrbe therets a chance that they'Il srrrvive.
Rick sathr:e: This is when yorr get to the brrirding permit stage you're tatkingabout?
l'
t
corncilnan BoI/t: Item nrmber 2.talks aborrt.rright. hch lot pr:ior to issrranceof the brrildirg pemit. Yorr raise a Learlw'good point thorqh ard r donrt knowif this Gary needs to be a separate iss.e or ir il's "ouu..j 'nder standaradeveloFnent contract lan<;rnge ersewhere bnt r rtould like assurance that the DNRfotester is reviewing lhe cutting plans of the develognent. thatrs now standardlarguage or do we need to pr:t that in here?
36
{-
City @rurcil tEeting - September 13,198 9
C,ar!, Warren: It's not specifically written that the DNR forester v,orrld reviev,that. That would be added or it,s a staff, $re normalll, defer to thern to get theexpertise. Itrs orrr a&ninstrative polic!r.
Counci lman Boyt: Itrs beccxne prett:' standard to have the D!,lR forester, AIanOlson is it, review these thirgs.
Gar], vhrren: Right.
Corncilman Bolrt: Does that beccrne cordition 29?
Councilman Johnson: Ittd be 28. !,tre've got 26 ar:d 27 alread],.
I
Courcilman Bog: Alright. 28 then is tie tree cr:tting plan for thedevelopnent, hosever one r,Duld phrase that, I,rould be revleqea by the DNRforester and Cit!, staff. Agai.n, I think thatrs pretty starxiard. !^tre're jrrstbrirgirg it rrp. I rsnqrber r,,e had a big discuslion aUout ttrat the lastTtapperrs Pass addition. then last point. I would suggest Ja}, that one wa], toproteqE a few of the trees is to use this j.dea of the conservation easernent lhatis already in prace but to rlse it in tie back yards of the lots on top of thathill. NoL thre- whole back lrards but if rre coula use 15 feet on either side ofthe propertlr. The propertl, Iine betrteen Lts 11, 16. g, g,7, 6 and 1and theirback door neighbors. flow on 8 thatrs not appropriate becarrse they have it rookslike two front lots. that,s an interesting situation.
Connci lman Johnson: Sors 7.
cormci ljnan Bolrt: thatrs another: thing uie normally don't approve brrt rd like tosee excepE for tle portions of Lot 8 ard t,ot 7 that border on the road, it \^Dnldseqn to me that a conservation easemenL, I dor ct thelr,re going to cut tlosetrees anl&ray brrt a conselwation eassnent r^puld jrrst give Ehe aity sone way ofassrrring that the lop of the hill stayed rrooded. I would think that roould be asellirg point in vorrr developnent actually. So those are m:/ concerns. What areyortr reactions to those?
Michaer pflarun: r guess r was jotting notes and I didn't get exactly qrhere theconserwation easqnent qorrld be drawn. Was it alorg the rear Iot line?
Counci lrnan Bolrt: Yes. The thought being that is they each gave 15 feet, thatwould create the sane 30 feet werre doirg dorm that other strip. r don,t thinkit's much of a sacrifice if anv.
Michael Pflarm: I think rre can work that out.
Cormci Iman Bo]rt: I think $Erve go! a good develotrment.started it out.
MichaeL Pflarm: l{a!' I make tklc snall ccnnents?
Councilman Johnson: Where is the access for tots 7 and 8?
Rick Sathre: Erom the cnl-de-sac.
I know as Ursual
37
t
City Cormcil t4eeting - September 13, l9B9
Counci lman Johnson: Is there any.,a:, to asslrre that?
Counci lman Bo:tt: I rm sure it ltould be.
Jo Ann Olsen: Therers a retainirg wall goirg alorg.
Rick Sathre: rhis is a typical morntain develolment see. !E have a high side
ard a low side. !.Ie're goirg to access frcm the high side.
Courci lman Johnson: that's right. frat's got the double retaining waII at thatpoint doesn't it?
Rick Sathre: Yes. Itrs prettl, safe.
Counci lman Bo:rE: Itts 26.
Corrnc i l-man Johnson: 2g and 23.
Colrnci Lnan l{orknan: I would suggest rsnoval of the sidewalk as it doesn't fit.It goes against my I think alreadl, known phi losophl' of large lots, expensive
hones, si.dewalk Ieading to nowhere. I would suggest correcting mmber 2. With
20 erding with in lieu of park dedication fees. Period.
Corncilvrcrnan Djmler : thank you.
F
r
lCouncilman BoyE: oh, I'll. take thsn.
38
[ichael Pflaun: the first point is this. I believe I made it last night at
L2z3U ard it was so late that I hardL!, rgnember it ml,self. lte 4 L/2 acrefigure for park dedication came frcrn misinformation at the park cormissionLevel. The [Erk conmission was reccnmel:xl i ng I0? of the lard. Iot of the larrl,
Ehey bel ieved to be 4.5 acres. It's a 39 acl-e site and it so happens, asI pointed out last night, that t ts 8 and 9 ard the trail outlots cambined are
3.9 acres. thatrs m!, first point and I would request that rather than the
acreage, that specific allocation of lard be, those specific lots ard outlots betaken. the other thing is Ehere,s been no discussion today, hhich may be good or
crninous, of tfle trail. the sidewalk. perhaps I should hold my tongue. i just
was going to say that the history of the sidewalk has been tlat there have been
no sidewalks. As recent as Iast year the Cit!, Council elected not to have
sidewalks in Ttapper's Pass 3Ld Addition wtrich is an extension of the project
ard as inappropriate as vre felt it was to have sidewalks in Trapper's pass 3LdMdition , r,le feel it' s mr.Eh more J-nappropriate to have thern rrl> on top of thehiII. I guess I'I1 leave it with that unless PeEer wants to say scrnethirg more.
Cornci Iman htrorknan: I guess m:, verl, quick corments. I'm still not +lite srlre
where Council is leadirg wiCh lroquois. I think if ue can get a tree ordinanceor tree protection in ther:e, I think that,s great. I'ry concern is also withsidewalks. As it sits now, werve got sidewalks, 5 foot wide concr:ete sidewalk?Is that listed rrnder 22?
Counci Iman Worknan: Bill, I rrrxlerstand \rorlr concern abont. wanting sidewal-ks brrtI donrt think ;,ort want townhorrses.
City Corrncil t€eting - Septsnber 13, l9g9
CoLrnci lman Worknan:
thatrs fine.
Thatrs great. If ]rou want tovrnhouses on top of Ehis hill,
r Courci lman Bolrt: I didntE sa:, I did. I said Ir1l take them thorgh.
Counci lman Worlqnan: you wiLl take Ehqn over sidewalks?
Corrnci lman Johnson: Hrcw wide's the street section?
Ciar-], Warren: 31 back to back. 2g grrEter to gutter.
corrnci lman Johnson: rhe one thing we shorrrd tnve done a wtrire back was withsidewalk, one street with. wi tho;t sidewarks, a wider section so ttreie,s moreroon for the people r*ro then have to walk in the streets.
Counci ljnan Bolt: hI*- tried that Ja},...kids to get out there arrl mix it ru) withthe cars.
corrnci lman Johnson: yeah. rt stiu is. the one thing on sidewalks here,within the mature tree area, which is Brock r, Brock s, arocx 2. most or eto"r2, and Brock 3 doesntt have scrne tr;ees. hltting a sidewark in ttrere. rb takeout. hhe trees to put the sidewark in is a probran. v,te spenE a rot of timetonight talking about protecting trees and then $E start taking them out to trxrta sidewalk Ehrough.
councilman l^trcrkr'n: r guess r don't see where they're going to fit in there. rdonrt krovr. I think Jal,, lrou,ve addd scne of the- thi.ngs. -f aon;i X.,or".ruywhere you were coming from as far as the energencl, exiti rn ."gu.J"'-lo' ti,"qnergenry exit, is that an qnergencl, exit for <nergencl, vehicle6 comirg in or:snergencl, exit for people trying to get out of the neilhborhood?
CounciLman Johnson: I,!ost1}, qnergercy vehicles canirg in .
corrrci Iman t4orlgnan: Because. if they're trying, urhere's the fire trrrck goi.ng tocorne frorn if a horrse is on fire on this hill? Downtown?
Jim Chaffee : Riqht . bwttor.rn.
corrnci rman worknan: r dontt know how they're going to get there an1, quickergoirg an1, other rralr.
Cornc ilman Johnson:
another way in.
But r^tEt theyr re saying is if it's blocked, vou need
[4a],or. *miel : That's right .
Cottnci lrrrnan Dimler: Bl,ocked b:, wlEt?
corrnsiloun Johnson: The onry prace r want to see, rrd rike to see a trail
I devetoped in outloE. B over to the park area. ]4aybe f,:om trap Gr,e j.n oltlot A.
I t. going across so the people over there can make Eheir uJa:, to the park.
I Then Orlt.Iot C of corlrse the qnergencl, access there beccnes a trai1. There wiIIL- be lEopre t.ntlng to go to that park from t}e other parts of Trapper rs pass.
39
City Cormcil t'leeting - Septernber 13, I9g9
Counci lman worknan:
exits?
Basically as entrances ard exits. blockirq entrances and
rCorrncilman Johnson: Right.
Counci lman lnlorknan: I dontt have a problern with that. Are lrort talking aboutrlood chip or scrnething?
Cornci Lman Johnson: I'm rlot designing it.
Counci lman Worknan: You alread], designed the lot ard a couple of horrses
ton j.ght. I'm kidding.
Counci ]Jnan Johnson: I don't like wood chip. Especialll, in tot g because thewoodchips- a1e a]l goirg to be down on the aul-de-sac on Trap Line. Ihe cj.tycrews will be pickin r.p voodchips everlday at Trap Line eveil, tj.me it rains'.
councilman worknan: r Ehink Jal,, to add into nunber 2, r courd go witl1 a trair.I think that's natural . rtrs like up by the uater toher on Mrrr;y Hill. rt'sgoi.rg to be an area Ehat 1ou want to gel through an!4,.ray. But r r6uld p.opo=. ,,osidewalks on Trap[Er ' s pass.
courcilman Johnson: r have to in this case, because of grade and tree cover onthe places they're proposirg it, it,s goirg to be diffic'lt to put it. tot I,Block 2. that thing is steep. Right at the edge of the streetl it's dropping.I thi.nk it's droppirg dor,,n. Itrd be tough to pirt, i!'s goirg to be tough- to luta house in there no ress a trail. sidewalk. rt,s not i,iposiiure blrt rtm nottotall:, srrre if it's goirg to cause more darnage than is n6cessarlr. In that casarrm, I hate to say this but rrm rDt in favor of the trail in thi3 neighbor:hood.Especi.ally' sirrce re alread:, Iose the trails next door.
Corrncilwoman Dimler: yorr mean sidewalks?
counci Iman Johnson: yes, sidewalks. Trairs. r use thsn interchargeabl!, withinthis t)lge of neighbor:hood. r want the Lr:airs in the outlots to coniect in. Irmnot too wild about the si.dewalks thr:ough the foresE. rf this is open cornf ieJ.d,Itd be arguing ver], strjongl], Eo put the sidewalk from the trail in Ortlot A tothe trail j.n Outlot B to -get to the park. Oka],? Becarrse I don't see providinga sa fe trail, put sornebody orrt on a resi,rentiar street. rf \rerrre readlngsqnebod:' to a park, r'd like to see a sidewalk but in this particular case, thetopograph], of the area and the trees i.n the area, it'd be difficurt to pllt thesidewarks in. r lnourd like Eo see tL," srreets =iigi,try ,id.; ;;l-i J."il-ti,i^xthat's going to unrk either.
Counci lman Worknan I I have no more come,tts .
Coltrtci Lran Boyt: I woutd like to respond Eo Ja:'rs conce1.n if I might. As e€pointel orrt severar t.imes here, this road i.s kird of an interestirf iil trration.Partially becarrse wetre tarking abo.t r.ock \^rarrs. sone dorrlcle rock walls.
r'lEr re talkirg about heavl, trees ard we're talkirg aborrt bad sight rinei. t{e,retalking abo.t 37 homes that are going to access throrrgh oltlot B to a park sotherers a draw. There are going to be kids on that slreet. !€ just heald thegrrrr fr:om Ir:oqrois talk about arr litble kids in his neighborhoodi Now rm notproposJ-rg that bhe:,rre goi.rg to go rlp the mounti.an in oider to get to tre park.
r
4g
t
What I arn proposirg is that this develolment is not going Eo be an1, different.f they' re going to tnve tieir little kids a$ ,l,u! ,,e, ie sil,ing vrtren we don , t Etttr :.:19:warl i1, rhere is rhar rre uelieve-it's arrighr to prr-t rio..-kids on rheI srreer. So that,s wh!, Irll vote against this. i s,,ppoit.a U:ails in theI earrier addirion ard it rost. i d;;;-it can lose here but this is the time tobuild tiose trails. It crr.tainl:, isnrt the time to g" U."t ""a-t y to buildthqn after the tlouses are buitt. But before people bu!, those lots, thel, have achoice of wfrich side of the street thev vrant to be on. rtrs one of the nicethings about the walz we're Iaying out ;idewalks is the:rrre on one side of thestreet.
corrnci rman Johnson: But vhat about frcm oltrot c to ortrot B? there ttretopography isn't there ard the trees aren,t there. ft,s onflr'a snatt section oftrees. @npronise .
@uncilman Bog: Conprcni.se.
Corrrci lman Johnson: trrt a sideq,alk in Block 3. tots I thru 10.
councilman. BoF: r think that 100ks a little bizarre. rf r,E prrt thqn arourrlthe mor:ntain and u,erre saying to all those- people, you,ve got a safe place tostroJ.l yorrr kids. r can assure you rhat *r,ur'i jo lij -t"-r,lip.i i! tn.t tr,.""IE{pre are going to ccrne in here scrnetime In the next cor4:re lears and they,regoirg to sYr lrB want :rou to contror the speeds
,
of pegpre' ;;iil-irou.o our toop.Irbrve got the sports car nuts rq> there and thev,re a.iii.g'.i",';. ne want '',ou{ :?^:::p.Il?-. :f..I:.r or rheir.arsr.unenus soj.r6 to l" "*'xii" li" ailri"il''.i"'i rlding therr bicycles and raarking on that street. rf rre have . anun"a to Frt aI sicewalk in before houses are bLrirt, t think r^e orrght to Gr." it-"re that,s whvL if yorr can,r agree to that, rhen "x^y.
-ii looks rike yo,,;;-g;; il: ;ffi.:;"[';to pass it.
corrncilman Johnson: Gar:r, do yo, think it's engineer:ing wise feasibre to putsidewalk frqn Outlot A over to Outlot B throLrgh BLock 2i
Cit]' Council Meeting - Septsnber 13,1989
Jo Ann Olsen: Along Block 2?
Cor:nci lman Johnson: It's hard to tell jrst looking at it.
Gary l4Tarren 3 lt's hard to tell jrlst frcm a map I gtress.
Councilran Bolt: you can put it right in the road right_of_way Jay.
Councilman Johnson: It hDuld be in the roaC right-of_wa:, but theyr,:e notnecessarily going to clear cut the road right-oi-way. tii" i" u-f,"u"ii _.., t.""aarea. Are they reqrired to clear cut the roaC righl_of_r.rray?
Car!, I€rren: t'lot necessarily. It's pretEl, hard not to. Depend ing on soils.
courcilman rbrlo,ran: r move approvat with all the changes that -verve maire.
I'layor: Clrniel: We already have a motion on the floor.
cor,nci l$an Johnson: !{3 made a whore rot of changes to it. yo. need to modifvyottr moEion technically to inchlde all Ehe additions.
4l-
ta
City Corrncil lEeting - September 13, 1999
councilwcrnan Djmler: oka)r, r wirr modify that motion then to include arr of theconditions that have been discrrssed and consensrrs has been gotten on.
t'1a)ror Gmiel: Ard I will modify my secord.
Cormc i lrtrman Dirnler moved, I'4a:ror Gmiel seconded to approve the amendrnent to pUD
#79-3 to replace I14 condcrninirm units with 45 single family lots on Outlot D as
shown on the preljminar], plat dated I'Jrrl), 14, I989r' and srrbject to the following
corditions:
the applicant provide a plan showing the exact location of the CLass A
wetlards adj acent to tots I, 2 and 3, Block 2 ard adjacent to Silver take
and that the final plat v.rould provide a drainage easaner.lt over the protectd
vietLards.
2. A tree rsnoval plan approved by the DtlR Forester afti city staff wiLl be
required for each lot in the subdivision prior to issrunce of a buildlng
Frmit. there shall be no clearcutting permitted for any lot except for the
placsnent of tfE house pad ard utilities. Clear cutting is defined as
rqnoval of any vegetation with a 4'r caliper or mo).e at four feet in height.
A conservation easqnent wiLl be provided at the 945 contour along tots 1
through 7, Block 2 and the 910 conEorrr on [ots 8 and 9, Block 2. the area
below the 945 and 910 contour, includirg tte wetlard ard shorelard, \,ri II not
be permitted to be altered.
Iots 3 through 9, Block 2 which have lakeshore on Silver take will not be
pemitted to have docks accessirg Silver take without receivirg a wetlard
alteration permit.
Develolment of this site shall rlot take place rrntil roadway and utility
improvanents have been conpleted on Outlot A.
The applicant shall obtaj.n and c{rnpl}, with aII clnditions of the !^Iatershed
DistricE pennit.
Appropriate utility easements shall be provi.ded over all prrblic facilities.
Wood-fiber btankets or eqruvalent shall be rrtilized to stabilize slopesgreater than 3: l.
10. All street utilit!' improvsnents shall conform to the City's standards for
urban const]..-ucti-on.
11. the applicant shall suhnit for approval details for the constrrrction of theretainirg walls with the plans ard speci fications.
12. The City's standard detail for the installation of the 1},pe III erosion
controL shall be placed on the grading plan ard rrtiLized.
I
3
4 r
5
6
8
9
L-
7. Detai l-ed construction plans and specifications including calcr.llations for
sizj.rg utility improvernents shall be srrhniEted for appr:ova1 by the City
Ergineer. As-built m]rlar plans will also be reqlt:'-red rEron cornpletion of the
construction.
A1
f 13. All appropriate drainage ard .tility easqnents alorg the side, front ard
I ."ar of. tie lots in addition to all appropriate drainage and utilitv
I ;i:il"li:.:"' pordins sites ard storm sewer facilities sharr be shoiln on rhe
t
14. ltte prans and specifications shalr show a second street access throughOutlot C to Iroquois as snergency access on11,.
15. Mditional spot elevations and necessar], contorus shall be provided withthe plans ard s5:eci fications. for proper iur face drainage ..ou.A piop"."Abuildi.ngs and drivevay location.
16. the applicant shalr enter into a deverotrment contract with the cit!' toprovide. the city with the necessa.ry finlncial sureties to guarantG theprolEr installation of the improvanents.
17. A hydraulic strdl, is required to evalrEte ard address water pressure
concerns .
18. A soils report needs to be included for analysis of proposec construction.
19. The developer shall suhnit a plan set conpll,irg to City stardards fo,:ccrnpar ison of hardship before a variance ioufa-Ue g.rni.a.
29. Tbe developer dedicate.4.5 acres for park purposes inclLrd J.rg tots g ard 9,Block 2 in Iieu of park dedication fees.
21. Provide a conservation easqnent over the 3q foot secti.on of the rearall lots in Block 3.
City Corurcil lrEeting - Septanber 13, l9g9
lot of
22. l4or.k with the Cit], to protrErly finish off the end of Ehea turn arolrrd.Iroqrrois including
23. Direct staff to review the possibirity of integration of trails into anoverall trail plan if possible.
24. Determine rtfrether the trail on outrot B wirl be as far rsnoved from theexistirg residences as possible so as not to be intrusive with their back:ard.
25. The developer shaLl work with staf to deverop sGne assul-ance Ehrough the useof convenants or whatever, who is responsibre to maintain the r:etai.ning
e.Jalls.
26. Arr lots shal,I conform wiEh any fntrrre tree protection ordinances.
27. TI:n- applicant shall redefine tfE triangnlar lot.
28- Alt trees to be saved shall be staked off prior to i.ssrunce of bul'.rdingpelInits ard approved bl, the DNR FoLester ard citl, staff.
43
Cit], Counci I I'Eeti ng - Septsnber 13, 1989
l4ayor Cfmiel, Cottncilwcman Dimler: and Counci lman liorknan voted in favor.
Cormcilman Bolrt ard Corrnc;.lman Johnson voted j.n op6:osj.tion and the motion failed
with a vote of 3 to 2.
Corrnci lman Johnson: I'd like to talk on the trails a little more, or the
sidewalk.
l4ayor Ctmiel: Go ahead.
Cormcilran Johnson: In looking at it with the rock walls on Block 1, rrts 2 and
3, at that point, it's not feasible at all to put a sidewalk in uhless it's in
the right-of-way i.n front of the block road. Yeah, I guess it is feasible then.
I think it' s feasible.
Cormci lman Bolrt: teave htlat off?
Counci lman Johnson: Block I and 4. So it's about ttio-Ehirds of it has
sidewalks which go fron trails to a park. I,lilat :rotl don't have is a sidewalk.
You don't have one along Trapper Is Pass once j.t gets otrt of Ehis neighborhood so
it doesn't make sense to me to start one, jnst start it in the middle of
nowhere.
Connci l:nan Bo)rt: l,iel I letrs finj-sh the wtrole loop. It doesn't have to go down
the hill but let's move it arorlnd.
Corrnc i lman Johnson: oka1r, jnst loop it aLorrnd brlt not the TLapper's Pass?
Conncilnan Bo].t: YeP.
Corrncilman Johnson: ELiminate it fl:om going rtp.
Connci lman Inlor:knan: I'lhat we've got is we've got now a race track arorrrd one
pol-tion of an 8 Additj.on neighboLhood. I,le're basing a sidewalk on safet!'.
We've got Lg8,gO6 square foot lot ard we've got to grrarantee them 5 feet of
concl:ete in the fr:ont of their yard fot- safety? I thj.nk it uas jrrst this past
srurmer in l,1adj.son, Wisconsin four girls got killed walkirg on a sidewalk. we're
not goi.ng to gnarantee an]rMy any safet:/ on a sidewalk.
l'
t
L-
Counci lman Bo]rt: I think werre pretty used to putting thern into the
right-of-vralr.
Cormc j.lman Johnson: It tlould lrave to be in the right-of-wa:'. Yorl can't l:rrt it
in ttp yard.
Counci lman Bol,t: Either. the str:eet right-of-wa1,. i.trerve t:,picalll, done that.
If the], need to move along Block 2. If the!, need to move a little bit more
toerards the top of the morntain whele thele's less geog raphy to deal with, then
now is the tjrre for thsn to be thinkirg about that. I'rn jrrst sa!'irg frqn the
concept standpoint, Jalz, that r"e're doing these peopte a favor safet:, wise.
Conncilman Johnson: BilI? I€tts look at, is Block I. I can see sidewalks frGn
the tuo or.rtlots over-. In other- Lords, do Block 2 and Bl,ock 3 bllt leave off
Block I and Block 4 frqn sidewalks becarrse thatrs jrlst three houses there.
44
r
'Cit]r'Corhcil tEeting _ Septernber 13, I9g9
Those people, al1 except
the:, arenrt interested :n
But the:, borqht horrses with the sidewalk planned in f(ont
Counci lman Johnson: we,re not tryirg to give anybody a I00? grrarantee,
Cormcilman lrrorknan: I hoIE not.
Councilman Johnson: *r!. u.: lorr going to sal, lrou,re jrlst as safe w.ith a babvstroller on a cit], street as lrou jre on a si.Sewaf X ? -
corrnci rman I'dorrman: rf it'|s 3 feeE off the road. ory neighborhood doesn,t haveany sidewalks in it ard ry-pJ" a.e pru1,i.q-oi-Itre streets ard driveways arrl_ft.t]" P".9. r srew up. Nrr rhat ir,.i *6uns i [rr"^t"-giJ;"d:;'il"d.="people but these people are sperding, totu *rcr,-oo 'orr figure per 10t ard horrseaverage on this hiII?
Peter pflaun: kobably 9406,ggg.Og o\ g5gg,666.gO.
Councilman Worknan: Ebv, these are sone prettv sill], people rrp here. you know.I don't know...I don'r -r,.ink *,i"-Ju^Ji'Iy'iI'Jona,,.:.u" ro tr.af fic. rhissidewalk issrre, r'im r.vonderirg.when;;;;-g;rs"to tark abo.t this sidewark issuebecarrse it' keeps c-omino rpr anl now.it's h6iJrig'rrp sornething. r think it,s asmalr part of it. uorairg ,p a raEher rarge d6ar. here. r just donrt see wherern'e're going to, r r^rourd p. vlry aisappoinlJ i,i nv ss,ogo sqrrare fooL rot hadthis sidewalk in front of it.
counci rman Johnson: so ]rou. re saying a mo.e dense neighborhood tha! has a moreIogical connection to a park, .rou'*i L *oi"-rJrr l"s i" g" 't"r.m*I -u'iio"r.rr.
brrt in slrch a...
Corrnci Iman Worknan: !€I1 Jay, it's like Cllr-.rlr Farms.one resident, ard those arenl t in the caliber of tf,i".that sidewa lk.
t
Corrncilman Johnson:of their hoLrse.
Corrncilman Johnson:
side$ralk in?
Cormci lman Worknan:
p'rtting.Ard now they don't Hant j.t.So the pr:oof is kind of in the
l,layor Ctmiel: It's a slit.
Cotrrci lrocrnan Dimler: Ihat's wLEt the:, said last night.
Counci lman Johnson: Who are Ehey srring?
l4ayor Ctrniel: Ihe developer.
Cormcilman tiorknan: I'm jrrct saying, I thj.nk that itrs a snall issrte thatrsmade big. Ard wh!, these people now- iuve to rc lhown the!, need a sidewalk whileall these other idiots to the east failed.
So ccrnparing th:ls to Olrr:, Earms, which worrLd vou put a
I rd rather mow my fr..ont l.ard and prt some brrshes
Cor rnc i lman hlf,r-.knan : Ne i the): .
45
IL
up ard sqne trees ard keep the traffic off the front of ml, ]rard as a throrrghu41,.
l4a}'or crmier: If it rrere a rna j or roadway cr.eating a 10t of traffic, then r,dsy yesr he need it.
corrrci rman Intror:knan: h talking with the Einger,s dourn on TH ror. thev,refrustrated as arr ger orrr. -ne5pre-are tarkifi a*.'t"p,,i.i^g i"i."t^.Ii..I*sidewarks on crrrde-sacs arrJ they aon' t nuuu
'i place to go dor*r ,H t,r. I€still haven't addressed that.
Counci Iman Boyt : V,le tr ied .
Counci Iman !{orknan: yeah sltre but what you did vras }rou drew ever},body else infrcm areas like this that had no interest in-il so Uney,re goirg to sa), no.Srlre. -So TH I01 was part 9! the package. ft fr,ff cut off their rose to savetheir fac-e vorr know so I think_it't^ourd ioox,-i jrrst don,t see where a sidewarkgoing arounri in a circle aror.*xi right here ior -these
expensive il;; ;= going todo a whole rot. r think this is a-ueautiiui-area ard there,s a lot of beautifurtrees. I don,t see vrhere_ the sidewalk fits inio the plan. sri.,-i if,in* *ocan maybe have a little bit more safet:, but r inint for the i."tf,"ti*-"i il,the cost of it, it just to me, it j'st'do""nitiOO rrp anrC I don,t know, has iEbeen measured? I don't know. rnii is noi a pontiac Circ1e.
Counci lman Johnson: tet's recall the qrrestion.
Counci lman BoyE: But rnal, I respord to wtrat 3 people irave talked about here?
l'laycr (tmier: r'd rike to calr the qrestion Bi.rr. I think ke've had enoughdiscrrssion back ard forth arrl it's tiine to .uri-it again. r .".urr tr.,Jqtrestion.
Corrrc i lman Bo:,t: t^Iell it's lpur decision.
r4ayor omiel: I€ have a motion on the f100r with tlre acceptance of au theadditional conditions tiat Jal, has ptt lnto il ina t n aM ever:!,one elses.
Jo Ann orsen: rf yorl'ire approving it, nrrnber 14 is sayirq that there wilt be asecord street. I donrt lcrow if yotr...
Councilwqnan Dimler! I did address that.
Coturci Iman Johnson: She did mention nr mber- 14 but she saj.d that it,d beqnergerc:' access only. There has to be scne more design worx on it to-iig,,,..orrh exactll, what it's going to be as aner:gencw.
Gat], Wa,:ren: plans ard spL.cs wiII be one of the steps here.
Cothci lt^Drnan Dimler: moved , Malzol G:mi.el seconled to approve the amendrnenE to pUD#79-3 to l:eprace ll4 corxicrninirm rrnits wiu ai-singr- i*,iiyJ.t= "Jntiaroa
o .=::ffi.i:^$" preliminar:y plar dared ,;.r,..iy i+,"rieen and srrbjrct to-tne iorrowins
r
t
L
46
City Corrncil lEeting - September: 13, l9g9
r
il
r. Tle_ applicant provide_a. plan shovri ng the exact location of the ctass Av,etlands adjacent to- fota I, 2 and :, eio.L 2 and adjacent to Silver lakeHrjlil..n. finar plar un,ria proviae u-aiuinusu .;;il;;t-o;. iil protectea
2- A tr:ee rqnoval pLan approved by the Dt{R Foreste}. ard city staff wiu bereqrrired for each rot in rhe
"ula iui"ion-pr ior ro ia;;.;;-; tritalngpermit. There shalL_be_n? "I_.g,]iling Srrnirt.d for any lot excepr for thepracsnent of rhe hoi.Ee.pad ard rrtiliti6sl- c1... "uili['-i""i.;i;] ."rqnovar of an}' vegetation with a 4" caliper or more at iotrr feet in height.
3' A conservation eassnent wir.l be provided at the g45 contou atorg tats rthr:orqh 7, Btock 2-and the sro conto,ri-on-tots g and g, B10ck 2. rhe areaberow the 945 and 9r0 contour, i^.iJi.g"tL wetrard ard shorelard, $rill notbe penni tted to be altered -
4' tots 3 through g, Brock 2 wtrich have lakeshore on sirver take w,lr not beIErmi rred ro have docks accessi"q sir""i-rar. ,ilnout-ilJrirJ'.'*ar".aalteration permit.
5. Develotrment of this-site shall not take place until roadway and rltilitvirnprovenents have been cqnpleted on Outlot A.
6. the applicant shall obtain ard csmpl:/ with all corxlitions of tlle l€tetshedDistrict permit.
7' Detailed construction plans and specifications ircluding carc.lations forsizirg rrtitity improvanents shall be suhniEted for approval b), the CitvDrgineer. As-buirr mylar plans wiu arso-re req,rird.,rpon-".i pi"ii",i..r an.construction.
8' Appropriate utility easements sharl be provided over all prrbric faci.lities.
9' wood-fiber blankets or eguivalent sharr be rrtilized to stabirize s,.pesgreater than 3: I.
10. AIl st)-eet utilit], improvsnenEs shall confolm to the Citlr,s standards forrrrban constt-rrction.
11. the applicant shall snbnit- for approval deEails for the constrrrction of theretainirg wal.ls with the plans .iC .p."iii."tlon..
12' the citl"s standard detail for: the
'nstallation of the tl,pe rrr eros;.onconfrol shal1 be placed on the grading plan ard rrtilized.
13. AIl approp]:iate drainage and utj.lit], easements aLong the side, front Jndrear of Ehe lots in addition to all approp(j.ate drainaoe ard ur.it.irueasqnents for porrJ ing sites and storm serr"er: taci r it:.es'srrrrr u"
-=r-roir,, * tt"final p1at.
14' the plans ard specifications sharr" show a second street access thror,nhOutlot C to Irioqrlois as qnergencl, access only.
iity Corrncil t€eting _ Scptember. 13, l9g9
spOt elc'vations ard necessa,.l, contorlrs shaLl be pr:ovided with
{
t
15. Additional
47
I
1_
City Corrncil t4eeting - Septsnber 13, I9g9
the plans arrl specifications. for proper sru:face drainage arotrrd proposedbuildings and driveway location.
16' The appricant shalr. enter into a devel0lment contr-act w.i th the citv toprovide. the ciry wi Eh _rhe necessar:, ri.lrcl"r -",ii;;;"";"*;;;uiiH
.nprotrEr installation of the improvdents.
17. A hydrarrlic strd:, is required to evah,.te ard address water pressrrre@ncerns.
18' A soirs repo!:t needs to be incl uded for: anarysis of proposed cust,:uction.
19, The developer shall suhnit a plan seE ccnplyirg to City stanlards forc!mtrErisonofhardshipbeforeavari'a'."eiourd.;_g;;;tj.
2g' nE deveroper dedicate 4.5 acres for park pu.poses incrudirg [ots g am g,Block 2 in lieu of park dedication fees.
21' Provide a conservation easqnent over the 30 foot section of the rear rot ofaI1 lots in BLock 3.
,r. y*#||o,ff."ta, ro propertl, finish off the enl of rhe rroquois including
23' Direct staff to review the.possibirity of integration of trails into anoverall trail plan if possible.
24. Etermine whether the brail on qltlot B r.rill be as far rqnoved from theexisting residences as possible * u" noi to be intrusive with their backyard .
25' the developer shaIl qork with staf to deverop sorne assurance through the rse
ijrill""nuna" or wharever, who is responsibt-e to maintain the retaining
AlL lots shall conform with any frrtrrre tree protection or:dinances.
The applicant shall redefine the triangular lot.
28- Arl t.ees Eo be saved, shar-r be staked off pr:ior to issrnnce of buildingpemits arrl approved b:, the DNR Forest3r a-nO cit1, staff.
ALI. voted in favor- except Colhcilman Bo:/t htro opposed and the motion carriedwith a vote of 4 to I.
counci lman Bol't: rn the f.trrre in a debate EhaL it shorrrd certainly be possibleto respord when 3 co.ncitnflnb:rs raise a point ard;j;;";:^;r'i.Jo,,.."shorrld be able bo corrnter tlat.
Ir4ayor _*unl.el: BilI , qre've been talking abortt it all night. Back and forth andit still didn'h go.
r
[-l*
)A
27.
I
48
r
Ci.ty CounciL l4eeting - Septernber. 13, 1989
A€EPT PRELIMI}G,RY ASSESSMENI ROLL:
87-9.
KERBER BOULEYARD IMPROVB,IENI PROJESI NO.
B. MINNE'IfASHTA MBDOT^IS IMPROVEMENI pROJEtrT NO. B8-2.
Garl, wa[):en: Minnewashta l,leadows Irnprovernent pr.oject No 88-2 is a private
developer, I',lr'. Carlson, who is her- e this even j.ng. petitioned the City toinstall thj.s as a prrblic impr:ovanent ploject. ihis has been done. T'here wassone delay due to the inability to geE the secrrrity in place initialltr and
Corrncil mal, ,,anernber- that qE had to reject. the bids ard Ehen readvertise. Thepr.oject is very near completj.on at this time and Ute doLlars j.n the projec!, thetotal costs have been calcrrlated here. The unit assessnent, this is based on a
I
Garl' warr-'en: This it=rn is on tlte agenda more for information prlrposes for thecouncir to beccme famiriar with the assessnent rolrs. Both 15 A, B ard c arethat natrlre. The formaL Elclic hearing and opportunit!' to adopt Ehe roll isalread)' schedrrred for septeflber 25th meeting. specifi-arry on the Kerber Brvd.,itsn r5A, rnprovsnent project ltc. g7-9, the citl project has been ccnpretd andthe costs have cqne in favorably cqnpared to what we had estimated in thefeasibilit:, strld!,, l€ therefore Inve been able to hold the front footassessnent rate, which was proposed ard thororrghllz discrrssed as a trErt of thefeasibility strrd:,, srrch that r guess in lal,mani s ierms there,s no iutprises hereto tfE abuttirq propertl, o$rners. Itre preliminarl, assessnent roII has beenprepared on a front foot basis aL 924.04 per fronE foot and within tlat rorl,
vri thout goirg through it too extensively, the people hrho havenrt paid. scme ofthe developers srEh as Blterprise properties in Ctnn Vista have been payingtheir rolls as thel, sell lots so the rsnainirg parties obligated to $1,'havebeen notified and the roll has been prepared accordingly. So if Uneiei s .r.,1,qrteslions on the rolls, I'd be happl, to answer thsn. - Other'rise, therers noacEion necessarl, at this tjme.
I,layor (tmiel: I believe there's sqneone here that rtould like to addresssqnethirg here this evenirg.
Garw 1.6sssn r !b l{l3uld be on tlte Minnev,Jashta .
I4alror Clmiel: On itqn B? Oka:', any qrrestions on 15 A?
cortnc j.lman Johnson 3 Elter:prise property has been paying them before rte even didir?
Car!, llarren: the develognent contrjact, because Blterprise Etoper t:' $,as a totalowner of the Chan Vista 2rd, 3rd arrl 4th Additions, and to avoid hiving toinvorve arr of those properties once hE got around to assessing this aid bring
Ehe whole deverotrment in here to disctrss it, the develoFnent contract carled iorthsn to pay as Ehey go- The rate was spread from the fiont footage into aLr of
Ehose lots so thel, pav on each 1ot as the!, sell the lot ard it's worked ourquite reII .
t'4ayor Grniel: !{e'II have a Erblic hearing on this Septsnber 25th.
Garl, War:ren: Thatrs correct.
49
I
per 10t unit assessrent. proposed is 912,427.45 per lot. Again, as per thedevelolment contract, it,s the obligation of the developer to pay *re'seassessments ard I grle5s I don,t know if Car:' wants to speak on-tte matter. Ifnot, itts prettl, straight forv,ard.
Gar:' carrson: filst a few qri.ck corments. rrve driven tl:e exrra mile bothlrcrda), night ard Wednesday night ard I corrld have sent },ou home rnaldce that lateMonday night in better feerings. _ r just wanted to thank the citl' pianningdeparEnent ard Ehe citlz engineerirg arrl the contractors. r know- 1iu weresomewhat involved in passing a few of the tl:ings. It Llas mostL!, ione on lastyear's_Council but the project is, as Garlr said, is just about 3onplete. Itrsmet. aII of the neighbors ard all of ml, extrEctations and werre all irery happy
lrt! .rt. nsoeciarly cary warren's asiute-manner arrJ professional ex$riencethat he rrsed rrhen he first .1p sth the ciry in getting ld{cc, ,rh; i;;y .o.. ,rpChurch Road, he was able -to gbtain i. fuII), upgraded ro6f, at no charge t6 anl,oneall arong Grrrrch Road and I don'it think you cin say snqrrgh thank toi for tlnt.Thatrs a very expensive irnprovqnent that was gotten for the Citlrrs benefit up inthat area at no cost to the Cit:/. So f reallir wish to tnank th3 entire Ci ty-.
lhyor. Grnier: lhank tou ver:, much. In fact we'll have \rou cqne back at anothercouncil meeting and give us sone more of that good. t^le ippreciate it.
co.nci lman Johnson: Gee u," get a thanks ard there's r'o reporters here.
City Corrncil t4eeting - Septernber 13, I9g9
C. BLUFF CREEK DRIVE IMPRO\,EMENI PROJECT NO. 8O-5.
l.layor (tmiel: Okay. An:, qrrestions? If not, there's no action that,s reall],required. That pr:blic hearirg will be held on Septqnber 25th.
CCI,IMUNITY SURVEY, COIJNCILMAN BOYT.
car:/ warren: 15 c is the.Bruff creek Drive rmprovqnent project g0-5. Theassessment roll for 80-5 is prepared on a rnit basis. egai.i, project roll hasbeen prepared. f^b had scrne charges in the project which-Councif iii, -recaff
here- .The.necessitl, for a retaining q/all udd.i "otre "o=t. I\tre .pdated ourconmunications to the residenhs as rtre received this nglated o. incieu.J .o=tsard had resolved the latest conmrmicalion to the r:esidents vJas that r,^€ r^,erelookirg ar a 92,406-00 appr ox ima ter:, per unit assessnent rate. Eortunater:, thecosts have come in urrler that so $E a]-.e looking at a g2r2gl.00 per unitasses$nent so hE came in about $LGU,qg r.rrxlerneith our latest foiecast to thsn.r beLieve the project has gone vierr. I{an:, people are happy aborrt it and r grresslee'rl see th-' Er'r," feerirgs here at ttre puuLic- rrear: irq uili.' r donit ;; ;ysrrrprises here ei ther .
r
@rrncilman Boyt: !€11 I think j.tr s pretL:, self explanator:}, but I,lI add acouple points ard r'd look for yorrr inprrt. This is, as I mentioned in thatcove]: note, a chance for rrs to go ont to the cGrmrmity as a groru) and I thinkgathel- some information EIEt $re then, :'.n a second stale, corrid .t^"'u".t urnhord scrne neighborhood meetings. I think virttrarly "r"iytooy "r^p.;.qnJ .t or,"time or-' anocher at the idea of improving conmrrnicalions. - rhis is'on6 va, to doir.I
50
t
r
l,layor Ctrniel: Anl.thirg else?
Counci Iman Bol/t: I'd be interested in yorlr feedback.
I4ayor Ctrniel: Okay. Anlz discrrssion?
Corrrcilman lnlor:kman: BiII yrou know I,d shor^, .p with my liEtle red textbook for 4meetirgs ard now f donrt have it. I had il oit1, *erefy for reference in that Ihad basicalrv, and r menrioned tnis aurling-de icxunx.i "h;;i;;;,'thar r hadbasicarty a ssninat class on public opini6n. -Th"t," basicarry what the bookeludes to. I like tl:e idea and f r.elcome an oppor:trrnitlr to find out rnot e aboutwhat peopre are thinkirg. b*u,',". u"uirr:r-y;i ;!.. either one erd of the extrsne.t'nfortrr*tel]' r don' t think ,-rs going aoor' io aoor is the rray to ao- it' .^athat's kird of what r basicalry broirg.,t
- ir,"i Lr=pup". article frcm BrookrvnPark. Brooklp park basicarry- nirea -u .on"urling- ri.. o. .-"r.""y'a"r#ii L "sulvelr. the Ci t]' of Chaska does surveys everl, once in a while. I talked toDave rcCornel, about it. . I said -!.rhat worrfa a food s,rrve1, cost?
-
He *ia yucotlld probabl], do arrl get a good s.rrve1, for a rrt four grard. tb told rne toresearch for scrnebodv and Brookllm pari rsed scrnebody eise. soneuoay airrerent.rrre problan with soi-nq door ro aior-i="r *"rip-u"uri^ii""xJi.:ili.l.^.response tlnn you r,ourd depend ing on who it is. rf yoir rearry t.riy-ilnt it tobe scientific ard to rearrl, get lhe .""pon=""-in"t are worth whire, a).1 printedmaterial sa],s that that,s noL.S" *y tl ao-it. so r don,t shoot down the ideabeca.se the conmunitv srrrvey idea is'
"ornetr,i.,q
'u rot of srllve:€ do. Anothercity person said j.snit il irrt"i."ciig "iloi'you".rr"ys , when .,orr have thesesrlrvelE lzott always fird. orrt.how great lrorrr- ci ties ioirg. f-Aonit Xnow-if people
11:' rying or scmerhing brrt if loi,re rior<ing ar it sci6ntiiicJiri "ij"nr.,..n". o.not $,e're nnybe spinnirg ori1. wlrge1s o. "p"# ir[ Eime malzbe ,f,"i"- * "f,",,Idn, t beor :peFip mone:, tlla t qe shouldn,t Ue going dSor to dooI , us coruc i lmsnbersyi::l;:,X,:le_yi
-ro-do
ir. rt r,.or_rld hav6 io u. u pho; .;*;:,';iAi-sciencltrcalll, ptoven gtestions. In othe]: r^Drds, so they,re not leading 1,ouknow ard again, r don't. say that rhaus what's in here. 'rl;" 'i, ii.iii"i.nt uma poor v,a), to gather: the information. t nfol-tunatel]r. f think it;" gooa fo. *to go ont ard meet the neighbors bu! for rts to get 3 s,rrve:r. f,* gairg to c.omej.n r+i th a batch of ansuJers- that. if r ,.nt iol 100 no^.= una .,ro,i'Gni"io Ul.same 10.0 homes, we'id get different responses and that's n*n ="i"ntiii".rr.proven because they like.guys wi th }ighter corored hair:. I donrt Lnor.
-'ir,"..,"
too rnany variables and thati s wlra t_ th61, say. th.1, ,u1, ard Ehere,s extrErts downat the u of M that eJe can contact b.t I think if ie, ri serio,rs ;;,,t";;;ry ucomunitv srlrvel" we need to brrdgsg or 100k at tha' as going ,itrr-"n outsra..
counc i I wqnan Diml-er: r grress I have a few comnents r,d like to make. It,sreally interesting that r had a phone catr from David p.t"."o^, til"-"aluo. orthe chanhassen virrager today. i rion't know who pr:ompted him to car. me but"lyYy, he rnas ver1, ctrrious l-row I arrived at mlr r-esrrlls that mosE of th;citizens of chanhassen did not want the noiie 6rdi.nan..- i-"-pr.riiil,p,:ocedrlre to him which is essentiarry a tL-lL=phone tr:ee. rf yon renanbei mut rhad a citizen's arert conmittee esta6lished irti.n r ,u" rrrnnr.rg aryl I do havecet:tain contact people in al1 areas of the city of (tnnhassen. I merelv calrthe one irdividuar anr rhev check wirh s ro-io-oi-*,.i;r';;;;;.r;."'=iiiy g..their: response back ro rhar iMividrral and rhar i^Jirit,,.i-i.II^ln. .[i."""back to me. r feet that v,Ja:/ thet I have probabr:/ goEten more input than mostpeopre i! vorr're jrst wel,king down u:e sti:et and lorr begin to "iai "tr,a "certain issue. Ma:rbe if vorr get I0 people's response on an:, one issrre, vcrrr
City Cormcil tEeting - Septqnber 13,198 9
5I
I
IL
ci t], Counci I lbeting - Septernber 13, l9B9
Counci lman Johnson:
unscienti fic -
think ard 8 of thqn lean one vJa!, ard tvD Lhe other, vorl terd to go withprobabilitf, ard that's how most of rrs make orlr gut l-ve} respons6" I g,r""".
David informed me that that was a very rrnscientific wal, to hive u sr.,i.1,.
that didn't srrrprise vorr. you,ve alvrals said it,s
Corrnci lwoman Dimler: yes it is but.
feel i rq .
I also think that it is a good lray to get a
t'
t_
Corrnci lman Johnson: Better than rothing.
councirwqnan Dimrer: That's right ard I exprained to him that there is no wayrthat r can go to the extrEnse or the time to go and do a scientific srrrvel, eachtime r want to get a feelirg fo how the residents are feeling. so r guess to 90along with ltrn that this is a very unscientific ani it is a looa wal,iouever toget o't ard meet the neighbors, but arso 'orr wirl get a diff-rent responsebecause, each one of us has a different personalitl, and l.le're going to pose theqrrestion jrrst slightrtr differently. Ard they wiLr respord to rt w6at tirey thinkrre riant to hear becar.rse of the Ha], r"e posed the question ard therefore I don'tthj.nk that we can cqne up with any kird of consensus on the survelr. Al thorrghitrs a riDftler fuL wal, to get out and meet the neighbors and to ret thqn know that
wer re workirg togeEher.
corrnci rman Johnson: rtrs a conmunication device more tlnn a scientific survey.
councilwqnan Dimrer: r don't think r.te corrLd rrse the data thorrgh to make anlrdecisions.
corncirman Johnson: The data v,orrld have to be extrsnely overwtreLming in anydirection becarrse tLle spread of the uncertainity wouLd be so large. If :rou had90? corne back with srrch and snch a responra, lro'u could salz that ias significant.If 1,ou had a 6A-46 split on scrnething, 1,orr,d 6ave a har-d tine salrirg if wasterribL:, significant. If l,ou go! an., closer on that, 55-45 or wfrat6ver, it,deven be worst but it is a. trsnendorE na!' to show. hrhen BiII arrl I started doingthe campa.igning that r,,e did which vas kinc of the first of the real neighborhoodwarking ard then vou all wer:e arl involved in rear neighborhood walk. We had aIot of, I had several people say, gee yourre the first prson to ever cqne tothe door - sonethirg like this \Iorrrd create more tr-rrst. r think it's a goodthing to do. Like r say, the scient.ific natrrre of it, it's as scientific as
whaE :,orl did and rnal,be slightll, more but I'm willing to do it with my sparetime. And Bilr knows wt't I'm doing betr,reen now and october r4th with the 3different soccer leagues I'rn invorved with ,iight now. But I,rr inter:view a lotof soccer parents.
Corrncilman l.lbrknan: How yormg do yorr have to be for soccer?
Councilman Johnson: Fir:st grade.
cortncilrcrnan Dimrer.: the. other. point I had was, were tlrese the only questionsthat were goirg Eo be on it Bill or ar_'e vor.l open to obher qrrestions? -
Cormcilman Bolrt: I am looking for: input.
52
.f }4a]'or Ctmiel: r realty agree with whatrs been said here. As far as I thj.nk
! ::iy:i: :l: ?..d ro a cerrain poinr. rf one individrEl,s soins out ro j,rsr
I Try:: -l]: "y segmenr for hjrnself brrr rake a consens's oi rh5 whole r6inq, ir{ o.rry: ru)on how it'is. I*rr-ased. How it's ErE together and get different .r,iwe,:sanl I fuII:, agree with that. because I've ieen how the surv61, is Jone ard I guessthat's about all Irve got to say.
Corrnci lman Johnson: I,lov, could this srrrvey be done to $Jhere:rou stop in. youtalk to the folks. Sa), he!,, I'm :,ou!- cit| council. Irm concer-ned. I want toget sGne information from you. lbrers a srrvelr. At ],lcur leisrrre, corrld youplease fiII it out aftl mail it into City Hal1.
Counci thrrnan Djmler: Ihel, $rouldnrt do it.
Counci Iman Johnson: !{eII scnre rcrr1d , scne htcltldn ' t.
Counci lvrcrnan Dimler: Verl, few.
l,lalror Ctmiel: you,d onl,l, get about a 2AZ3AZ retrrrn.
counci rman Johnson: El.t you'd get more than if you mailed it to them. thelrrregoirg to be. impressed that _their- city council peison took ttle ti,ne to personarr],
ctome to their door and hand them this srlrvey. Thevrre mnch more ri.ier| to ao iiard then :,ourve taken scne of Ehe bias off 3f rrs til,irq to explain iG'Erestionsard sitting there over their shoulder ansver ing the- s,rivey. 'rtut rqnove= so.eof the bias.
counciIman I{orknnn: Ar-r Im saying is, if le want to c.t to the chase and saveortrserves some time ard again, not that meetirg the neighbors isnrt good. rfyorr really !,,Jant Eo comprehensive srlrvev to find orrt wtraf people u." lhinking,ard do it qrrickly ard actuall-y if you,ie paying g4,000.00 itis probabLy thecheapest because I can do other things, 1,ou- kn5w Iim worth afo,ri $SgO.iO anhour.. Reall], 1,ou coLrld be doirg other things and I donrt know. l4aybe vou cancertainly inve the option to go out ard meet yo,rr neighbors or pick'a '
neighborhood .
@rrnci Iman Johnson : Anlr$ray.
Corrnci lman !Vor-'knan: Yes, absoluteLlr. htt then to corne back and say, look.These are the results ard everybodl, wants a sidewalk policlr. nVerlrLodl,
-
wantssidewalks on ever], Iot in every neighborhood in the City.
councilman Johnson: I& have just as mrrch right as what ursrrra has when shecomes back and says everlrtodl, doesn,t want this.
Counci lman Worknan: Absolutely. I'm jrrst sal,j.rg but then...
Counci lr^,unan Diml-er : Most people.
corrncirman l{or-knan: I'm jrst sayj.ng that the believeability and the rrsefrrrnessof that Eo the rest of the Council ard to the Cit:, as a whoie has been jrrdged byschoraLs-pasE that it j,st doesn't add .p. It doesn,E rtork in the compirter: andtt dcesnrt r-eallw show- yorr canrt say fron a door to docr srlrvey by ail of rrs,sive o' take 3 6inrs, rhis is u.",,..Ie. vo', "unlr-Li";;.;";;-;;i']'*.. ,,*
City Corrncil }4eetinq - Septernber 13, I9g9
tL
Citl, Co'rncil l4eeting - SepLember 13, 1989
saying. If t,,e want to fird out if people want a ccrmuni tl' center, arxl all the
rest of it, I think therer s one of thro \^ta).s to do it. htre corrld spr:d g4 ,006 .0O
on an election or he corrld spend 94rgg0.A6 on a srrrvey. !,ihat's an election
cost?
Don Ashr,,Drth: Nlne.
@uncilman Bolt.: Referendrun?
l'
@rmcilman worknan : Yeah. A referendum to find out. I don' t think yorr grrys
disagree with that point. It depeftls on $rhat r^re realll, want to fird out. I
don ' t think ue' re going to be able to r:s6 g* big pool of information tlat r.!ehave. It's like the Eckankar thing. How scientific was that?
Counci lman Johnson: I.{as wtEt?
@unci lrnan Worknan: Was the Eckankar poll .
Cormci lman Johnson: Who did the poll?
Counci lman Bol't: The City Sent orrt Ehe green cards.
Corrncilman Johnson: l.lot verl,.
Corrnci lman Inlorknan : It couLdn' t have been rEed in a corEt of law.
Corrncilman Johnson: I donrt, think Bill's intent here is a plrls or minrE 3 point
sr.rrve!/, V'te're not tllring to elect a president.
Corrnc i lrnan Worlqnan: [.tro, no. But I rm sayirg if lre reaLl]r want j. t. to be useful
data, rather tkEn jrrst personally rrseful. If r.Ie want it rrsefrrl for the City as
a whole, then !,e have to do what Brookllm park did. What Chaska does. They
keep polling, right before the ccrmuni tl, center-' gronnd breaking was, the), found
orlt that 75? of the people in tot,n reall:, favor the conmunity center but it was
done blz a professional group.
Cormcilman Johnson: We di.d a similar thing for pa.rk needs. Eark and R*-c needsa few years ago where Che sulwey, it was a Eele.ohone srrrvelr ard it was done by
volunteers but it r,,Jas set np b:, professionals on how Eo set rU) a srtrvelr. The
qrtestions were written b!' other people. Then the people jnst called ard asked
the grestions. the person wtro called me !,Jas verv unbiased on how they asked theqrcstions. EVe,'l thorlgh I think the!, were on one of the conmittees or sornethingbut the]' just read the qlestion exactll, as it was. Did not enrmerate at aIIuntil I tried to catch thsn a few times.
Corrncilman Worknan: I wonld srrggest Ehat qle have a loE of questions in the Cit!,at the rate we're flying here. If we real-ly want to fj.nd orrt scme, get the
barcxneter: reading on vrha t the1, think abortt all these variorrs prjoblsns and ;tsns,that vJe go ahead ard give iE to the professionals to do it. EVery ti:ne vou tr!,to pinch on sunething like that, itrs anotheJ: dor ct aborrt the a'rthenticity of
the poll I think. An!.",ay. I cone frcrn the tex Ebook version of aII this ardthat's maybe a 1ittle rnfor:giving.
r
L_
54
City Corrncil l4eeting - SepLqnber 13,198 9
Cotmcilman Johnson:. p.rll, wtren yorr did )rorlr-.. srrrvel, of the 20 horrseholds, howT did vorr, did.,vou ask rhem'v,orrr; i;'; ;i;"1" firr tris o,,li- iia"io,, do qresrions{ ard ans!,,ers wirh rhgn ard 1o,r tiir ii-oni-o;-;.;r-"H.r'io,,Ij"oo'an"a rhar yorrI noa a GoB response ror, wtricn i"^. i..i'g"* response.I
P:i.ih.l Py!: r went. up ro rhqn. r inrroduced mysel f .lnterested in findj.no out hhat tfreir ofinion"*J on severalwith thsn.
I told Ehsn I was
issues and left it
Corrnci Iman Johnson: tud Ehey mailed it back?
Councilman Bol't: Then the], mailed it back. Wi th their sta,np.
counci Iman Johnson: with their stamp. t'Icw that meEhod of doing it does havesqne scientific validir], to it. A i;a,r;;;.*'--
corrnci lman Bo]'t: r think the advantage of bhis, the reason r brought this toEhe Council as a whole was. because r il"r-.ii-Ji rrs r.rere interested in j_mprovedccmtnications . r can ' t think of -irthi"g-th.; rre' ve done in 9 months together .
Corrncilman Johnson: Tb jmprove cqrmunications?
I,Ell , rlo. f can't think of anything we,ve done in 9 months
Cornc i Iman Bolrt :together.
Mayor Ctmiel: there was thorrgh BilI. Several. you bet.
Cotrncilman Bolrt: There ma], have been.
Cortlqllfiaa Johnson: Therers a couple 5_0 votes-
co'nci lman Bo]'t: !,li,t we've. got here is not, r ero.ldn,t claim that theseresrrlts are scientific and when I got the .u",rit" u."f in regard to, I donrtknow the park or whatever, r didn,l n ["-ti,JI 'iru*. I rhink what e?e,d havethorrgh is, if r,e did this by neiqhborhood r';;.; * corrld go back into a NearI,btntain ard we could =a1r, foll 6"re u.e l.oui:-t"",,f t=. TeII rs some more aboutit. It's kind of like u- io",,. q.o,rp ;;-u';;ighborhood tevet. Now malbe theii?ii.:, to do Ehis is ron,s afiproicn. u"ii'.,,c ,;;-";;;;. i-lr,iiil"* ro"" .
Corurci lman !,Jbrknan : ttro . phone .
Cornci lman Bolrt: !,tre,, I vras involved in the p3rk and Rec srrrvey by phone anditis convenienr- rt was fairry rriJy. -
,n "i ,,i^ 1o* in rhis, whetnei i's mair.or .*rone oL whatever, is r'e don't,naie "onb"l-u*r diose"frpi"I'"11"'i, ,n"f[ifi'?;',"?';"1::t t"tt was the onlv time i-=u" 1,,o' p,opr. i= wr,un vo,,'..
Courcilhcman Dimler: Ihatrs not b:rte with me.
Quncilman Boyt: I think wirat rre lose j.n scientific validity, r,,e gain ;.n aneighborhood focrrs grortp effort. rhat,s wrry r uro'rqht it to tl.re co,rnqi1. r cancertainll, do this as an irdividrral. f mean it seen6 Eo me that it r,.o.ld bescrnething good for aLI of rls to do.
55
City Corrncil lbeting - Septen ter 13, L9g9
Counci lman Johnson:
scienti f i.c .
c-ouncirwornan Dimrer.': welr r agree with yorr there Bill. r think to go ont ardhave tltat conlacE is ver1r, very important. r do that on a regrrrar bisis wtren
an1, issre cqnes up in that neighborhood that I know that they;re concernedabout. Blt r donrt h,ant to see us coming back here then and trying to rtse thoseresults as a scientific approach to base orrr decisions on. rf lou want Eo gogut J.evel, then okalr.
F
But lrou based yours on ]/oru poII and it's a lot less
Counc i llttrlan Dimler: f,Ue1l absolutel]' but I'm tatking about ,:eall]r, really bigissues- Huge dolrars. Then **e need to do scnethirg that is more- acErrrate.
Councilman Johnson: this doesntt really address an1' big issrre per se.
Councilwqnan Dimler: I think the ccflmuni ty center's a big issue.
@urci Iman Johnson: the cofirnunit!, center's probably the onl:/ one.
Counc i lwqnan Dimler: I think city parks arrl park equignent.
corrncilman Johnson: this is armost a score card. I^Ier re not asking specificqrrestions. i,tre' re l(ird of scor:irg vorr know.
Cormci lman l.trorknan: Who gets wtEt neighborhood?
Counci Iman Johnson: !lc. Ever:rbod!, worr.Ld do the sanre neighborhood at the same
time.
Cormcilman !.lbrknan: lrle'd atl go together?
@uncilman Johnson: AII 5 of rrs vrcrrld go togeEhela. Hit a neighborhood on a
Srlnda:, afternoon or a Satrrrdav after:noon. you go to one honse, I go to one
horrse, Ur:sula goes Eo one horrse ard ve spread out throughout the neighborhood.
Cotrnci lman Worknan: People will be bolting their windows shrrt.
Councilman Johnson: 'vrltnt religiorrs gl'oup is this?
Corrrcilman Bo:,t: ...spr:ead these things out a IittLe bit brrt r,,e'd jrrst focus ona neighborhood. I^Ie'd go ont there. I,n really noE tryj.rg to pnsh this thing.I jrsi want von to rrnd6r:stand the idea that f iad in mind and see hhat vou vJantto do.
Corrrc i lwrrnan Dimler: Itr s a ver!, good idea hor^Jever.. .
t4a),or CLmieI: I think the concept is good. The one thing that I Iooked at Ehis
one specific question Bil-I. Lbw manl' people are going to be really auare as totraffic 61o* gyls6rgi1 downtown? Hov, \^DllLd the!' jrdge that?
Cormcilman Johnson: Especialt), take Minnewashta.
55
Counci lman Bolrb: That's wh:r, if re were talking llear l\tcrlntain o,: we,re talkingf o't on the other: side of rale ldnnera"htu, we,r6.probabiv, -ii '"J'-g.t
responsesI on this' Ehev'!re gro?ablv ""E s;G;;'.# rear significanr. rf when rc hit rhe.l old Gran neiqhbor!?f , F. g.t i"=iln"J"-In Ui s , wel). yorr, ve goE Eo f igrrre those{ fo}ks deal with this a lot] rn.ii -i""p""=es
are probably, arrr si.nce mv Ehorrghtr,onld be to rss tl.ri. to open ,p. n"ig[loi!3F_T"_uri^S^wi rh _people, qe,re reallynot, f kouldntt envision ccmirg back 6ei" a.n sayirrg, 9gZ of the people want allthe dogs off the street or "*"ttrng-
--i'don't
lsrow- that it has ti,.t tina orvar idi'tv buL r think it has the rird or trrirg trrat wrren
-r"e -t.Ii
"ilrt it in Ehenei ghborhood , r,,e can saY r'Iear t',orntain seerns to be real concerned aborrt animar
ii?...Iil;r",11'= not a rol differenr tr,--,ri-t vre do no$, ro ccne,rp wirh
r4ayor Gmier: r think this could even be:xpanded on through additional things.Jrrst as vre discussed with, not too many-issues ago, on sidewalks.
City Corurcil F.leeting _ September 13, l9g9
Cotmcil*r'r **, Cttin new develolments.
yeah, Aren't sidewalks in there scrneLhere?Should the Cit:, encorlrage these or noti---Yes, side$ralks
Corurci lman Johnson: Ihere may be, instead of just saying 1res, no, or donrtcare' The don't care in the downioun aeueroonlnt ard sqne of these other. Noopinion should be alloved :,"u k"o;: '. ;;.-iJ""*".u"nt or no opinion. scrnepeople in this toh,n who'!ve- never =.". ;;;;;; crranhassen. sqne peopre in thistor.,,n don't know the!, Iive in eranfraisen. "'-""'
I''rayor Grniet: !^re had a .formgr co,ncil mqnber r.rho prt through
'ake Ann park andjust Ehis past l'ear is the firsi tire-i,",a1".. been in the park.
Corrncj.Iqoman Dimler: The other thing 1s BiII, I worlld noE be adverse to goingo.t on a. satrrrda)/. Goirg into . n"l9i.rno.f,oJ I x^o"f irg on the door andrntrodrrcing mysel f and sylnS,. r,rculd-1,orr iiif 'tni" out arrl mail it back. r cando thar rna),be 2 sarrrrdays in !r. r.rr-.^o-ir,"ai" ia.--r-Jr.i'i^L^iofr"ar.,.aeve'-':/ saturda!" I^re do have family and other concerns and r know.oeopre arebusv. I rm not Etre ontv, one tf,.ut, i U,,=1r. - rlr]J"cn" resrrl hs ""* i;;";;; , s going
i?.f,XLIi".H:; Eo so'thr-oush tt'*'-*'a'.*p,,t*e rhem? i=-*,i" ='pp."i * n"
Oounci lflan Boyt: tielI, thaE's. a real good gresEion. I don,t particntarlythink, it's not one of those cfrings $Ji;J #'Ju=y for citl, staff to do becarrsethere's room for coments and m1, 6xperi.n.u -L"' that r got a fair mmber ofconments- the citv sraff corrld cer:tainl1, do the^ nrrnber -end of il.'-'I-t:pr.urneighborhood might have 200 hqnes. rr t qetJlt response, we,re tarkirg abo.tl2g. I'd be interested in reading .ff oi in*n ",n1,"eL
f , frorn the comnen Ess tarxlpont .
Corhc i I llt(nan Dimler: yorrr re talking aborrt one neighborhood BilI. How manvneighborhoods are there. " r! ' '|g^Yruvrrr\,(-^r Drrr ' How n
l4ayor Orniel: B't r,1.r ve got an entl..re city that qe sho,Id really address. I\iltj rrst speci fic neighborhoods.
Co,nc i lman Bolrt: Nt, btrt ,,,=l I r,,e I re noE going to hit the whole ciEy at one EifieI hope.
57
I
t_
City Council l,leeting - September 13, 1989
Counci lman Johnson: Over the next 2 years we might hit. Ehe whole city.
Counci h!,cman Dimler : lbw man:/ hcrnes do r|ie have? 3 ,OOg?
Councilman Bolrt ! Ard if Ursrtla is sayj.rg, yeah, re do.
Counci lwcrnan Djfller: Okay, so that's 31000 srrrve:rs conceiveably.
@nnci Iman Johnson: More. ltE hrrsbard ard the wife both want to have a sutwev.
they may have different opinions.
Cormci lman Boyt: Ib make this manageable I worrld think that it makes sense to
approach it one neighborhood at a tjme. If he have, ard it seqns to tJork outthat le tnve 2 weekends in the falt and maldce rte have a couple rNEekends scrnetimein the winter, ard hoIE Ehat everythirg works right roeather wise.
Counc i Iman Johnson: ldow that's jmpressive if 1ou go knock on sqnebodlrt s door in
the middle of a blizzard.
Counc i lwxnan Dim1er: Ilne1u 're going to think :rou're nuts.
@unci lran Bol.E: I don'! know. It just seqns to re like the goal is scrneplacethat \nE need to go. If :rou've got some ideas on how ure can get there. I kindof get Ebe sense that people might want that goal.
Corrnc i lr,roman Dimler: I'm just concerned about, after le've done it the resultsof, who's goirg to take the tj$e to really get a good accur:ate feet for what has
been done.
I'{a),or (hrniel : I think that's a good idea .
Counci lman Johnson: I've always had the idea of holdirg Ehe council meetj.rgs atvarious parts of the citlr. Olr part of the city rrp in take Minnewashta belj.evesthat theyrre totall!' ignored all tle time. One or tero council meetirgs a year
have it at the Minnewashta fire sta!.ion. Which pr:obably nobody uorrld show Lrpbut I know a previorrs corrncil t.ried thaE.
I4ayor Chuniel: !^le have it centr,alll, Iocated and distances aren,t that far forpeople comi.rg fr:crn an]' parts of the city. Ard ue welcqne vou there.
Counc i lman Johnson: But people up there are !ra), up aE [ake Minnewashta.
Counci Lnan Bol.E: I think ue might Lpve a draw if we'r-e sal,ing to people, we,regoing to discrss the results of the srrrvey rne conducted in yrorrr neighborhood andIisten to \rour concerns in mcr:e detail. Itrs a grress. I think people raDuld
trrrn orrt for that.
Cor nc i lvrcrnan Dj.mler: it, other: concern is, have !,orr calculated a cos!. forgettirq, is the City srlpposed to print Lhsn up?
t'
r
ICorrnci Lman Boyt: Srrre.
58
Cormcilman Johnson: Anothera ual' instead of door to door is to try to hit moreof the association meetings ard thirqs Like this ard hard thsn orrt at those.
r
Councilwqnan Dimler:: Have \rou calcrrlated the cost?
Councilran Bol't: Nc.
@rmc i lr,oman Dimler : I rm real concerned about it J.ooking like campai.gning andat that point it has to ccrne out of our campaign frrrds rither than Eh6 city.
counci rman Bol't: yorr think tl.e city's effort to find out wtrat peopre want, theCouncil,s effort to fird out, is cairpaigninga
Corrnc i lrrlonan Dimler: yeah because if yorrr re going to go into L9gO, a campaign]'ear .
councilman Bol'L: r€r1 let's not do it. rt's srrre not !rcrth it. rr11 do it.
Councilwcrnan Dimler: If :rou can get it done before Christnas perhaps but onceyou ggt into Eebruary, spring time of a campaign 1ear, it "." L foifrJ upon ascarnlEigning.
Corucilman Bolt: I,geII, I wanted your: inprrt. Appreciate it.
Counci lrnan Johnson: Usuallt, for cit], office, you don't start campaigning. It,sgetting earlier now but Jul)r. you cin start t6lling that it's un-"iL-tion *..by rhings going on in the co.ncil. l,lsnbe,..s wearirg-tir-ir: ;h.;"-lG^;;;""i;il.
Cotrncilman trnlorknan: I knocked on doors last fatl and man, I can walk fast andwerr:e not goirg to, there's no walz wetre goirg to hit 3,000 doors. I don,t knowhow many r're're going to get. r moved r.si and r gave attention lihere trEoprecared to have attention withoLrt bei.ng verbosed a,rd so, r don,t know hoiv mrrch.You can hardly make a dent. It gets torgh. I'm jrst saying, Iet;s malrte directou): efforts towards really truly doirg the s,rrve1,. f Uhorrqht BiII rnayL lzou,dbe more agreeable to a telephon- s,rrv61, or
"o,n"t[.rir,g.
Counci lman Bol't: I'm not disagreeable to that.
cormci lman !'trorknan: But maldle lie can find another wav to meet. I think meetingwiEh people at the association _meetirgs, etc. or malrbe, I don't know if movingthe meeting, that doesn't sorud like irrch a bad ialei. 'rbve it on u $ntoon inMinnewashta sqnetifie next Jury or sanethi,'lg. r don't krow. t hate io sa1, rdonrt have the tj.me but I went. to a meetin! Mondal, night, nresaay nijne.There's a meetirg tonight. prblic safetl, Lcrnorrow ni.!frt. i,4" wiie f,i, fitt"n".
Cornci Iman Johnson: Oh ,.eally. I thought lrou had a dog.
Cotrncilman Wor:knan 3 I don't know. BilI, I'rn tr:/j.rg not to make it sourd likeit's,a bad idea. I'm tr.ying to be constrrrctive i nope and it's jr:st going to bereall:, tough I think to maxjrr.ze benefib from it.
Corrnc i lr.toman Dimler: I think lre've al] said itrs a good idea.
Cottnc j.lman ldllknan: Blt it's so bnlklr.
Corhcilnan Johnson: One of my problens right now i.s my schedrrle.
City Cornci I I'beting - Seplember: 13, l9g9
t
59
t
1_
I4ayor Orniel: WeII I don't go to man:, meetings at aLl.
Corrnci lman Johnson: I',lalrbe jrEt leave it at strictly voluntary type thing.However it can get organized ard paid for.
l4ayor Gmiel: An:' other discrrssion?
corrnc i lrnan Johnson: There r,Jas scrne discussion about arso expanding it to ourcomnission mqnbers too if the:, wanted to participate in it. Not nlessarif,just the cormcil.
l4a),or Omiel : I brought that up.
counciLman Johnson: yes. !€ courd have park and Rec ccrnnission. lrhateverconmissions wanted. It'd force multipliers.
Mayor chmiel: lrave each of those responsibre areas address those questions.
Councilman Bolt.: Irm not qrrite sure what that means.
counci rman Johnson: rt's impressive to the citizens to see Ehat a msnber of thePlannirg Conmission is concerned enortgh to ccne walking by. They've never met amsnber of the planning cormission. This grorp of peopre that ar6 there makingdecisions.
counci lman Bo:'t: rhat r^Durd be fine. r haven't qui te got the sense of what the@nncil wants to do with this. frr the one hard I hear, 1,es it,s a good idea buton the other tnnd I donrt hear anlr dir=ction from here as to wLrere _iou're goingto go wi th it.
Corrnci Iman Johnson: Strictl), individually volunteer.
Councilman Worknan: l"fy point is , 1,eah, that point ph* \,,.e better research theidea of paying for a srlrvel,. I said that ttrr_L times.
counci rman Boyt: rf the thorght is, ret'|s go orrt anr have a professionar- srr.evof the City, Irm certainly okay with that.
Councilman wor-knan: That wl-nt I think we can talk about in the budget.
Cormci Iman Johnson: yeah. Rrt Lhat in orrr budget i,,rcrk session.
Councilman Boyt: There's no money for it. Okav.
l'
I
6g
ACCEPT PAT swEl''tsoN's RESTGNATTON FROM THE HousING AND REDEVELoPMENT AUTHoRrry.
I'la1ror Gmiel: The next itsn is to accept pat swenson's r:esignalion fLqn theHorEing and Redevel ognen t Anthor. itlr.
Corrncilman Johnson: With extrsnely high regret.
City Council }beting - Septembei: 13, I9B9
r
City Corncil l.4eeting - September 13, 1989
l4ayor Gmier: yorr bet. Ard r talked to pat about it too. she is at the pointrrhere she just \^,ants to set.le back and ao-r,,:.t she has to do as far as agrardnother anl a bnsiness wqllan.
Corrrci Iman Johnson: She deserves it.
I\4ayor Gmier: yep. Ard r honestly ard trrrthfrrry feer that the city is havinga great loss b:, pat rsnovirB herself frcn it. r,a rire to-r,u".-"il.-'r.i.u otrecognition given to pat foi this on behalf ;f the citlr. I\b thank her for aIIher past performarces. !trct only on the council but arl the other cnonmissions asHell.
@uncilman Johnson: fihat about OktoberfesE?
Councilman Worknan: Is this appropriate for a maple leaf avrard?
Counci Iman Bo]'t: Sr.rre it is.
l4ayor Gmiel: Ihat r.tr)uld be, I vrould think that that is ver1, appropriate for amapre reaf award. Ard with patrs rsnovar frcn the nousirg
"'^n
-'n!aui.iog"..t
A.thoritl', r received one retter of request that an incividuai r"-uppoint.a m
:J,. HS. It 's the perogative of the ma_, or to make that appointn;^t-;;'
lheJefgre r'm going to appoint run Ialorlian to rl," Horrsing"u"a nJ"r.ffi.ntAuthoritl,. I r.,orlld like to make that into a morron.
Corrncilrrrrnan Dimter: Secord.
Counci lman Bo:rt: Irve got a question. This realllz isn,t anyEhing that Citl,Conncil votes on.
I.,lal,or G)rniel: I guess that's righ!. It,s plrel!, an appointsnent.
Don Ashworth: There has to be corrrrrrence bv the ci E:, council. onl:, the malrorcan nomi.nate but the Council has to agree to Ehat nornination.
Councilman Bol.E 3 Thatts not what Todd told me when I asked hjm. So:rou,reclarifying his position, is that it?
Don Ashu'rth: rhat's cor:rect. I didn't realize he made that position to -\roubllt Irve checked before. f know that's lhe cor):ect response.
Councilman Elo:/t: I r^Jorrld like to see rls adverEise for the openJ.ng.
cotrnci lman Johnson: IE advertise everythirg erse that's open. r'd ar- so rike tosee a msnber of the Cormcil on ther:e.
l'layor Grniel: That,s m], position and that's wtrat I basicalll, wanL to see issqneone frqn the Council- on the tbusirg aftl Redevelolment arrihoritl, =o ln.t Xi.nof information can ccme back to the cormcil. [^]e can get the infor-maEion. I.Jotthat we're not gerrirg ir b.r at leasr !,,Je ger a dif feie^t -p..iGilJ"-Ina ,ri",from the other side of it. too. That's ml, position for: nominating ttrn.---r am nougoing Eo make this into an open position for anyone to fi1r. tE have had oneirdj.vj.drral ard r"erve alreadlr sent a conmenU UacX inaicaair.,,f '"" ;"';;.'-'Conseqlentl], that I s !,rfrele I tm moving right now.
6l
t
City Corncil |beting - Septsnber 13, l9g9
Cotrnci Iman Johnson: Our city ol'dinance sa:rs aII vacancies on ccmittees;
conrnissions and boards shall be advertised to seek appl icants.
I4alzor *rniel :
Author: i ty.
That.rs correct. 0n all others except Housj.rg ard Redevelotrment
Don Ashhorth: the mayor's correc!. rtre Horrsing and RedeveloSxrent Authori t}, isgoverned b], state sEatrrte. Tbe ordinance !,ras drafted to tr1, lo brirg
conformance but thatrs one area tllat lDu can't change state statute.
I4a},or Gmiel,: So I do have a motion on the floo,. . Any fruther discussion?
corrnci lman Bo]rt: werl, wbat's your position on the park $an? rtEt seqrs to bethe issr:e of conErovers]r. What is it City Square? Lolonial Square park?
Corrnci lman Johnson: you rnean adding to it b!' tearing dorm the buildings?
connc i lwcrnan Dimler: Are vle supposed to be interviewirg T\rn right row? Don, isthat protEr procedure?
l,tayor Guniel : tb . It' s not. Itr s an appoinunent .
oounci Iman eolt: you're salring that wra donrt have any rights to ask Ehe personyourre atrpointing any questions?
corrnc i rwrrnan Dimler: you can ask him after he's been appointed r guess.
I,6:r()r (tmiel : Yes, )ror] can ask him af ter .
counc i lman Boyt: r donrt mind you making the decision and jrrst making it. rmean thatrs fine but if yprl s61g orlr vote, shouldn't r,e hav6 the oppoitunity aska few questions?
l4ayor Ctrniel: Sure.
Counc i lman l.tbrknan: you,re talking about the park down by?
Counci lrran Bo:.t: The one righE between Ci t], HaII, the chrlrch anC paulyts.
Corrnci lman lnlorknan: As fa.r as it becoming a frrtrrre trErk after t}Iecondsnnations?
courrci lman Boyt: No. the contr:oversy laid out by !&. Ashvror th was that therel{as apparentl), a spLit in the HRA abont what. the:, should do with thosebtrildings. Is tLlat right?
Don Ashraorth: How the protErt:, shonrd be r6ed. HaIf believe that i.t shorrrd berrsed for pal'k prtrposes which r,nrrld inclrrde extension of the historical lherne buEgeneralry park. the other: rtorrrd rike to see the brril-dings raised and acormercial rrse, probably beirg a professionar brrirdirg, orrice type of rrse onthat property. And yes, that is wlrer:e the spliE is. - Betrr€en Ehi tr*o ,.,=.=.Arl 5 agreed Ehat the lrrildirqs shorrld be rqnoved. where the split occrrrred asto how rerrse of the proper tl, shonld occrlr.
t
t_
l
62
r
corrncil'man Johnsons I think it sho.r.d be a historic district. Restored.
corrncirwoman Dimret: see we corrrd discrrss this forever. rrm just r.tonder: ing ifitrs fair to pnE tun on the spot like that. Usual.Iy in an interviee, the!, havetime to prepare.
Cotrnci lman !{orknan: I didn't know thaL lrou gu:rs didn't },ant me on the HRA.
Councilman Bo1+: That's not true at all.
corrncilman !'rorknan: r think .that my phirosophies are pretty crear after gmonths on the @uncil- r wish when r^,e appointea airr io -p.riiic-"lrliil^ r *,rrahave asked hjrn hov, do l,ou feel about prnciic ".i"ty.
Councilwcman Dimler: That's right.
C.ot rrc i lman l,&:rknan:. So ma!,be BiLl's going to regret having me on the HRA. t1"rsusirg his head. r haven't made a decisi.on on whit r rearr! ,-.rid rik" to. rneed more information. r r ve _been asking those q,:estions. -' rto.iy .oning ontothe councir, rtve been uncqnfortable wilh conaqnnirg a rot oi ora ti*"br:sinesses in town "?.1! So"" rnay back You know. How that it,s in motion, fr,"orrld probably have different opinions lince it's alread:, in ^otion because fthink things are arready kind oi done. rhe city park doi*r til;;-i think isnice. !^Iourd be nice., iou're tarkirg aborrt all tlre way frcn r,eie- to the church.I go to Gtaska every day. The:, have a city park. fhe!, appreciaie it. It,s
, ::l_T?rly rocared.. .rt's a .
ptace wtrere peopte can ger tog.ir,.. iaino tr,un tr,e
I corntreld rlp here behind citl, hal1. B.tt I have concerns-about s'ch valuableI proper E:' anl even more var-uable sinc-e we've condqnned sqne vital brrsj.nessesL there. Itrs an expensive park. I have sorne concerns aborrt rrs rEing tiatexpensive of propertl, for a park. So sourxls wi shlu washy, t'd Like parfseverywher:= brrt I think the economics of Ehe feasi6irity of it aiter v,e,re arrsaid ard done arrl r see the bottcm rine of what this rittle pu."ui .ort ,,",I think *e,re going to want to get sorne tax revenrre and maylce sorne mone:/ orrt ofit. Again, thatts jnst basically where I'm sittirq no*.ri Uf,.iis on a fence.
cormci rman Johnson 3 How much corrrd crraska serl their center IErk for?
Corlnci lman Worknan: Ard Ehose irdian morrnds donrt ltave irdians brrried in !hqn.
Corncilman Bol,t: this is ml, last qrrestion and I ask it in all good faith. Areyorr supportive of the downtoMl redevelolment that )rou see therei
@rrncilman Worknan: Boy, I think that's a big one and with so m.cl.r going onBirl, r r'orrld choose noE to answerj that. But the v,a}, it was done, was I happywith it? No. yorrrre going to have to be mor:e speci?ic if yorr r^rant a specificansHe): .
CornciLman Johnson: I,4ost of it,s a pr:etty done issrre.
I4ayor Clrniel: Beirg th3t was the last qlestion.
Cottnqi l.rnarl t{or:knan: BiII, I lobby for.loru snpporg and I hope that I geL it andI lrotrE. to.do-a good job for: this corrncir. I had clrestion" .id "oncerni aborrt,and I basicalr], penned t'byor Grnier a rette,:. rb is mispracJ-lt-i gn""", .urring
City Corrnci.l l,teeti ng - September 13,19B9
63
thet I had strorg desire to be a msnber of the HRA once I forld out, in factr wr-ote it the day af ter I got the letter: fr-orn pat, thac r ,d be pr:oird to be amsnber of the HRA arrJ tha!. representiry the Ci t:, Council anA Xeeiirq .n-"1," onthe HRA. for.the.city @.ncir. r donrt know ei1r. r think yor, uid i have hadscrne like kird ideas about HRA gettirg into the grocerl, stoie brrsiness arrl thosekind of things. I think o'rr economics corne a ritH.e 11o"". tog.lhei-u,rr"n itcornes Eo HRA.
City Cor:rrci 1 |beting - septernber 13, L9g9
t
I
Councilman Johnson: Originally rare had tlto cormcil msnbers on the HRA.Eventuarl!' r'd like to see it get back to that. B,t when Ehe previous rane drrckcotrncir had an o54:ortunity to ieappoint gtite a few atrpointsnents and the:, raere
made.
I''la]'or Gmier moved, counc i rr+qnan Dimr-er seconded to appoint cotmcir.man l{orknanto the Housirg ard Redeverognent Arrthority. elr voted in favor ard the motioncarried.
DESIA{ATION OE E'INAI\PIAL CONSULTAI.II AND AUDITOR.
Counci Iman Johnson: Are e,e goirg to do these in tr,o separate steps?
I{a:,or &miel : I think so, 1,es .
counci rman Johnson: r donrt know if r have a real feeling for everlbody b.t r'dlike to move just to get it sEarted here, that 'E accept Mericor roi tinanciar.consultants.
Don Ash\,rorth: If I malr make a point. I did have SpringsEed conbact me todaystatirg that they feel Ehat their g.rote, or at leasl thit their proposal wasrnisinterpretted b], staff in terms 6f th. "osE Jmplications. speciricairy tnefigrrre rrsirg, the fj.gure of $Lsq.gg IEr- hour rnoirld probabJ-y be more like usingpeople in *E $9g.Ag and, gL2T.OO range instead of Ehe gl50:00. If thatrs trr*,it potentiall:' deretes gL6;gog-0g tr&n trrat fiioposar. Their secord point wasthat -the- horrrly position shorrld not be reatly rooked at at aLr becarrse theyt"rorrd ford that in with the borrl issrres thgnierf. rf the councir is going roconsider spr.'ingsted, r would rearly like to til; tabre tha E becalrse I know thatthat's incorrect. or each of the issrres we've had downto$,n, the firit Ehirg r,,etr:, to lay orrt on the table is whether: or not the partic.lai p..opo*i -..q,,i.="
to be bonded or not. The preference has been to not bord. If we can do aproposal and not have it b9ndq, have it as a pass thr.orrgh t:,pe of a proposal,that, is far preferred b], the Cit},. That's exa;t]y wnat nappeir"a
- i.g"id i.g tnatrErbnent ccmplex. ther:e is no citlr bond i.ng invoived in tfrit. theie r."ere
Itm:r9"s horrrs sEEnt b:, Arxly Merrl, on that. you may not l ike Ehe srrpermar.keEdeal brrt ther:e was no bonci ing ass6ciated with that. Enpak, no bonding. A
Pj:l]!y :! tle plojecrs downroun have involved no noroirq. rf yorr d6n,t dooonding, yo. don,t get paid. I mean at least rsing Sprinisted,s position tha!
5Fy'1. not goi.rg Eo charge rrs. I feel ver-}, nncqnfor_ table with thaE. I !.^nul.lrrKe Eo take and bling someclne in and salr, ab:ight. t-et,s anal:/ze this bothways.
Cotncilman Johnson: Don, do vorr feel that ther:e's sornebody in the Corrncilthat's prrshirg towald Spr:i.ngsled?L_
64
conncilman worknan: rf r can. raise the point. lihat r did was, ard sprirgstedand is it Dave .tcillbry,
.
basically r^trat'r did was t initiated. r gulss oon, fdidn't feer ccnfortable with sqne 3r *,. "r.ii";;..
^il-;;J'"ri X,f financialadvisors on r€ricor's hours of 2rg. vtrat read r was for.owing was r,€rr, herskird of a one man show a little bit. ry iOei-was rirell, Springsted, Ehelr,rerather large. I figuled e.ell. the:,r re s-o large that nla:rbe- the], didn,i;eed tostErd as mrrch time on it so what r did was r said, r *6nt u.ct aru"'r iarrea rrpl4r._ Folshe,. and I said r_is mw tleorlz correct? I said lou f *f, iip.-yJo,..loublg. You're good. Every city ii the metro ar€ uses vorr but 1ou,re double.l'lhat.do they know thaE !€ don't? so r asked if he courd glu.-u, '"oi"-rno..
detail. fb did fax a coEg of a lettel. which is made out to l,lalror Don Ctmiel,msnbers of the City Courcil arrl to l,ou D)n. re said that he tij- i.t'ali ir.r.a.
Don Ashr^rorth: Thatrs the reason rrm goirg Ehrough this explanation because rthen carLed ltcillbry back and r 99ia, yoi don't mean this. rhere's no eal, thatvou can be puttirg this on the tabLe.
@unci lman $brl<nan : Basicalll, r*rere he said it, and again lrou are the brasstacks gu:, with all this. I.was kirrl of hopirg for scrn6 cnaige in ttis area .little bit so that's q,h:' I initiated it. i,"u. n a said that certainly lvi th thecity initj.atirs or if rhe cirf is interesrJ'i"-;;"i;^;";i."i'.ty'*"racertainry do whatever trey coirrd to r.rork with and figure orrt r"rtrat tfie'area tnatthey need to be in- N,ot to bid low jrrst to get 1,. ii uut trre uotton-rir= i"basically 77 rather than the 1I0 ot so.
Don Ashworth: I told Dave the sane thirg. I said, vou krow if t/ou erant toclarify-your proposal and r.?v9 the thing dorrrr into, i don,t care'if yo,i mare it75 or if vorl want to make it 90 brrt \rorr cannot be seriors in terms o'f-sayingthat vorr are simply going to for grafis do non_bonding tlpe of aeafr. -
counci lman wo,iknan: rs wha. you're sayirg there is in a sitrration where ma;vbewe shorrld bond and where hre shorrrdn't, springsted might rean tolrards yes, ret,sgo ahead ard bord?
Cotmcilman Johnson: Because that's the onll, !va], thelrr re going to get pai.d.
Dron Ash\rorth: Right.
Corrnci lman Worknan: And t4ericor does it for free?
Counci lman Johnson: tfc. fb charges by the horrr.
Don Ashlorth: ire charges by the hor:r and the springsted proposar is qrrite clearhhah fhe:, have an hourl:, rate associated with t-heir ho,r.f1, *1.X.- Autlgaj.n, ifthel, v,anted to clarify te!.yitf, .s and sa],, City Co.ncil-, Don, I will issrrreworr that qe wirr not be billirg people at that top rate. That he will bebirlinq trEople at the 990.00 ot $L\g.qg, thar,s fine brrt eo ror ;o;;i;"; biltingat arr, how do re tr.st Ehat reccnmeftlaEion as to whether or not the Ehpak dearshould have been a non-bonded? yorrrve got Eo rook to a nrmber or-aiteriativeswith every one of these bord issrres ard the:r, re a IoE of hours.
l'layor Ctmiel: And basically rrtlat they've taken orrt is the honrl], billings at2I8.5 honrs. $32,775.A0.
City Cbrrncil tbeting - September 13, 1989
65
_t
I-t
-t
I
t_
councilwqnan Dimrer: But see the 2lg was based on Mericor's. I think thevcould probabJ.:, p.t in less horus since they have more people and mor:eexperience.
Corrnci lman Johnson: Ihey'll. probably prrt in more horrrs becarse tley're go!their -Lower. guy doirg it plys their going to have QAe Steve, thel,'r6 goiig tohave their higher guys looking over theii shoulderJ. They're going t6 have morela1,ers of managernent. Itre larger Ehe ccnpany, tle more lly,ers-of ianag<nent.Tte one thing that's always impressed...
Counci I wcman Dimler: I{e hontt be payirS ttE whole cqnpan},. hb're jrrst goingto have one person do it. Ihelr probably lon't bring i.n tfre top gu1,s is htlat I,msaf irg on every issue.
Counci lman Johnson: Al,nost everything gets reviesred btr, everything tlnt m1rstaff serds out, I review it before it goes out ard I put m], irours-against it.thatrs the r^a1z consulting business torki .
[4a-vor Ctrniel : !'ltrich laou have the r ight .
cormci rman Johnson: r make a rot of changes too. rhey don't rike me because ofny editorial charges but the:,r re gettirg usea to me now.
City Corrncil lEeting - September 13, I9g9
corrnci Iman !{or}snan : I,ihy are t}rey bording for g/Latst, s of the cities in tJremetro area?
c-o.nci rrnan Johnson: oee Ehing that has impressed me over the last t\,Jo \rear s iswhen you go into the teague of cities manr*r, the Minnesota cities t'|agaiine,therers a section tha t talks about bonding. whenever I've rooked in Lhere, wrrenwe've dore a bord issre ard they ccmpare bod issues hhat are goinE out that.month that had been issrred ard what the rates are, armost ever! tiie roe were inthe bo Etcrn third of aLl those rates goirg o*t. Sqnetimes ue w6re, it wasextl:snely impressive the amount. sometimes by a frrrl lErcentage point h,e ,nEreover chaska or shakopee or scne of Ehe other surr:ourdirg citiei with tl}e sa,neratings as rts brrt v,,e goE them in cheaper. Irtrat I'm salring is that we've goE arealll, proven Erack record in the last trro vears that I'v; seen of coming inlow, inlerest raEes on bonds because of somi rniqre things they,ve done. Bilrard I now have 2 years of experience with Mericor:, with anOy urC fris tho,rghEs.
tle. r:eally puts a lot of his personal, his r:eal, we are not 1 of man1r, man1,
9ri91ts that the big ccrnpanies have. i€ are a favorite son, a favoiite client.I think r,,e wiII get bL.tter service fr:om the snall guv in this case. Iim noE
leanip the s?me _Ey on the auditor becarrse ttre a,r6itcr is a diffe;eni typ:t.nction. It's follow the reci.oe, L, 2, 3 Elrpe f.nction where the financialadvisor is more of a brain garne of conirg r4r with r.rniqrre ideas. I don,t want aBK^I tlpe of financial advisor. Ihe big corporate okay, here,s bing, bing, bing,bins. Here's the answe,.. r want scrnebody who wirr tirink ott on 6i,u"u iung.nt"arxl prrll thsn in and bring i.n the best poisibre solution. N3t the one thal isthe tex tbook so to sal, sorrrtion b't more the .niqe sorrrtion ard we've hadseverar of Ehose c'ne o.t.. Getting insr,:ance on sorne of bords realry herped rrsout ard he lient thr:orqh the, oka:, we,ve got to trE1, mor:e mone1, for.. EG insrrrancebrrt rrhen ',e get out, rae ended ,p saving Lho,',=.ni" of dollars mor:e than what the:nsrrr-'ance costs rs by gettirq a AA or: .q,AA o]: whatever: effective raEing on thosebonds. Scrne of the other strrff he,s done. It,; been ver1, impressivei
t'
t
66
I
City Oorrnci t t@ting - September 13,I9B 9
I donrt have dorrbts about that. Spt: irgsted is also verv
us.
thqn.
They are repre
D{cept for they are doing 90? of those that are higher: thansentirg those other towns arrl Mericor .ppa.a" to Oe Uerting
Counci lrnan BolrE:Unfor trtna tel:r.
Don Ashlrorth:I,Iever once has thel:e been a billing on tha!.
Counci lman Worknan:jrnpressive.
Counci lman Johnson:
corrnci rman lrrbrknan: ApIEars. Again, r don,t have that docrmentation.
Counci lman Johnson: I didn't go back ard, I didn,t Ehink this was goirg to be abig issue toniqht so I didn't ;o both"; io g"-iu"x to the old magazines and trrrr.Elese out.ard ccrnpare thsn to frericor's "iti."-o. I mean compare sprirgsted aftll4ericor city b1', city. rt courd be done. r,o-go o..r and say in sone month...
councilman lrrotknan: r guess if rre want to rook for more docunentation.
Don Ashr'rorth: r tried to get back to Flrsher today ard he vas out. thistle !€sout...but they don't mean this. this is a bad idei.
C-ounci lman Johnson: ftow. if r€ didn't go with l,bricor, I,d rather go withscmebod]' less expensive becarrse r thini pFS r,rourd. do j,st as good of a job asspringsted so r'd rather redrrce the cost to our citizens than increase'the costto our citizens. I have rro reason, I don't see a whole fot of iui"on-to jlmpship.
Don AshrtDrth: But again, I think this issue shorrld be ctarified.
l4ayor Grniel: r think before, if we cqne to this conch.rsion Ehat yes, r thinkthat this shorrld be veri.fied becarrse it rooxs-tire they are rearry shaving here.
Counci lman Wor)man: It was m:, concern that everlrthj.rg was based on Mericor,shorrrs' was that rearistic? forat ',ras *y.on""rn arxf rrm not certain that rdon't still think it's not. I want to lu =,r.".
Don Ashr"'orth: This is on a misr rnderstand ing. In fact, David even calred rne andasked me. hhe,1 I had told him Lhat if ,r. .6"t Jrrt on the horrrly rate ard Ehen Ireceived this baek fr:om him, again I jrEt co;id;,t believe it. It rnakes theass*nption that those irours, that 2rg alr rJ to uorn;.ng dears and parlt-or wrrata fiscar consrrltant wir1, do for you i" "p."iutiu". yorr bring him in and vousalz, werve goE to frlrd bhe vrater tower. Itrs part of o,tt wafer slrstqn. il; .a"r"e going to get this Ehing done? He's going ti-tare in ana give youtirrer"ntideas. I€ get down 2-3 months into the -proless
ard lre rErl, cqne back ard sy, ruejrrst don't have the mone!, to rro this. tG're not going to do i! and he doesnt.,get -paid. How rnany rrrns has tr," .o*"n;.ty-;";;. task force rooked at onbonding associaEed with the comuni tl, ."ni"r, i --'
CoLtnci Iman Worknan: Horrrly bill?
67
I
r_
Cit], Corncil lEeting - September 13, l9g9
l'
r
L_
68
HLffl$tffu"f.. *' Because if that rr;orrld becqne a dear, ir rrorrrd be
Counc i lrrunan Dimter: there,s been no horrrly charge for tlEt?
Don AshwoEth: There I s been no hor:rly charge.
::il:*Hi"HTf:' lrlelr how cqne l€ricor sa]'s he has a horury rare rha,s nor
corrnci rnan Johnson: that's for the other projects. the superrnarket. theapartnents. Those thirgs wtren uords
-we;; il;". . . .
Counci lman !{crknan: you mean a successful project?
Don Ashrdorth: A canmunitlr- center hrould be borxled. rf $E go back to voters ard* *y, will you vote for 1 miuion, i .tiril^, r{harever *iirio.l -inoy
rcrryrtorrld be paid based on _a percent of ttrat issue- 3B.or whatever he,d get.926,0q6.0a or Sts.goT.og or wtratever. ili-iria as it has, the thinq lrascontj'nued to cqne back ard. heis .."1i""J"d'r.lun sched,rles ard provide advice.Hers never been paid anghing on ti,ut. -- -' ^
Counci Irnan Johnson: Ard Sprirgsted v,ou1dn,t either.
Don Ashhrorth: * *" ::T:: _=]d. of. rhe. coin, wlren r^e called Ard:, and said,alright. The),,re p.op::ly :n apartrnenE p.oj".t. part of Ehat is, thel, want tosrrbsldlze the sen:or units. The HRA *uft-ii[" to see a certain nrrnber ot rtrritsbe senior units. Thev s6ng to see thai "rf.iJir.O. They,d like to see aportion of Ehe incrsn-ent passed back to *,"-iJr"rop". Eo provide an incentivefor hinr to srrrcsidize mo* uni*. --iGy #.nJ rp alr of the schedrres on rhat.AII of that qas done on- an. hor:rly ..t.. "il"'i"uson
was is there vrere no bonds.IE were not goirg to sell borrls in tr..i p.ifif.,rra.r case.
Corrncilman Johnson: you hired hin simply as a financial advisor.
Don Ashworth: That,s co,:rect.
Cor:ncilrcrnan Dimler: frm srrre Springsted would. do Ehat too and then the:r houldhave an horrrrlr r:ate if :orr said it,l='r.=1iii.ity a f inancial. . . .
C':ottrci lman Johnson: The letter here sa1,s the:, !ron,t. They,II do it for free.
Don Ashrdorth: Ard thaErs what needs to be clarified.
Corrrcilr{rman Diml.er: they will . you know if v
|:,: S ffi,;rf.i "a"i.". i,;-;;;. ;;-.,il n,ii ii".j"*f"ffi ffi:"ffi;n"ff["-"
Don AshhDrth: night. Blt that,s not whaL this says.
Cotrncilman Johnson: The letter- salus they,Il do it for-. free if it,s a taxr.nc,:ernent proj ect.
r
City Corrncil l,leeting - September 13, L9g9
l4aybe v,e shorrld j rrst tabl,e this one rmtil l{e do get that
Don Ashworth: It just ne€ds to be clarified. An:rone pj.ckirg this rrp could at aftttrtre point in time jrrst sa],, the:, shouldn't frave Uifiea ,l=-or, thi='. ttey navesaid here the:" re not goirg to bill rls for those tlT)es of services.
Counci Iman !,lbrlqnan: I think v"e co'ld use some more clarification.
IE1,or CLrnieJ. :
clarification?
Cornci Lman Johnson:
crlr:rent advisor.
corncirman Johnson: rhere is strong sentiment to go to springsted at thispoint? At the same time what r'd rike, if we're g6irg to'getiore ciaiit;.".tior,r would like to have ccrnpar i sons done of the bonds thit anay rcrry his done forus simurtaneously with the bord iss.es, the same month, just u:, p"rii.g- tL""articles out.rast :,ear out of the magazine. conpar ing ' aiain"t'.iti." itutSprirgsted did ard see if laou can driw *y .oop.ii"onl vlf.lc aia-Gtt*L"a tohead at the same time rurler the same eon6*ic lorrlitions.
Cotncilman Worknan: I reqrEsted this when I thought r€ rdere meetirB tonight. Ididn't lo:row it was for arl the rest of the councii meeting "o r *."i'i-rurrycLear_ that \4e were goirg to be discrrssing this. vrhen I c6ntacted thqn,-rthorrghE r^p had 2 $Jeeks so .
Corrnci lman Johnson: I,$e do. there,s no hurrl, to do an!, of this.
counci lman worlqnan: r thought r^e had 2 vreeks ard at the next councir meeEing.
Don Ashta.rth: there is scrne - I mean he vrant to serr borris in l,bvqnber and lroushorrd start backirg r-rp 90 days frqn that so r mean werre runnirg past the crock
.r- ight now.
Don AshraDrth: Ou next regrrlar meeting is the 25th. Ihat's fine.
counci lman Boyrt: r think in fairness hhat uE shorrrd go back to both of theother: trdo candidates and ask them Eo resuhnit a bid. Ilrw that bhey,ve seen theother bids, they should all. If we,re goirg to give the opportunity L-Springsted to come in with a differ:ent bid, everlbody fras -to frave *ralopportunitlr. r don'|t think they're goirg Eo charge anlchirg but r think theyoughE to have that.
Corrrci Lman Johnson: ltnt,s only fair.
I4ayor Guniel: GeE thgn in b:, Mordal?
Don Ashhiorth: you mean by the 25th?
l4ayor CLmieJ.: B:, the 25Eh.
Don AshltDr th :
that point.
the onl], problsn is if Springsted has a pl.oblan respondr.ng bl,
69
If v,e donrt make a decision, it's Andy becarrse hers our
I
L
l4ayor. Grnier: I4h:' don't we do that. what's fair for one is fair for: the other1f_ then ccrne rlp wi'h a conclusion on it. I,d make u s,rggestion- tf,.i # O.tabIe.
cormci lran Bolt: rbrs done. ssne good dears. springsEed didn't even know wtratorrr Standard Elnplo:,er r s Ratirg was. I wasn,t reuf i.pressJ by;;;.'"-
l4ayor Chniel: t\b don't need to vote on that? A1l *e have to do is just thataction?
Cormci lran I^lor-'knan: .Again, I have no reason to defend Springsted. There aresqne ver' obviors thirus goirg gn lira! sprirgsted's. aoing ri{trt-a.n tiiai's wny rbrins out the quesrioni i trrinr r;; ;.fi; *i-jt ur,.n r ask that qrresrion.
Don Ashvrorth 3 IE probabll, should have a motion.
l,layor Gmiel moved, @rrnci lran Johnson secorxled to table designation offinanciar consurtant to get more information fron trre appricants. Arl voted infavor and the motion cariied.
Cit:, Counci I tEeting - Septernber 13, l9g9
Counci lman Johnson: Ihis is a l, 2,ard you,re doirq it. It is for rs,!€ can. Of the qualified bidders.
DESIGNATION OF AUDITOR.
Don Ashr^rorth: SEaff had broughE forward Llold Haskins for the Cornsil g.consider. Council felt that penell had done'a verl, excellent job as a IErt ofthe interview process and rr,ourd like to """ tr,* further "on.i6erJ. ri ract,i! appeared as though the decision *" ."iiry aowr between penerr ard Deloitte,After: r-'looking at the issues again, staff ;;;; back to r:econmendinq Deroittebasicarrv based on cosrs ard ho,ir:s Lhau trr.y *.rJ-p,i.-i^-iii",,J."-"in5." ;." ubetter proposal.
t
3 tyIE olEration wher:e 1rou've got a r-ecipeto provide the citizens rltn tn6 f"u"t .o'=tI will move snpport of Deloitte.
Cottncilman Boyt: I'll secorrl that. _ There may be r:ocn for discrlssion here butthatrs, I think another big factor: is that u aiq A Eirrn malz verlu rrell impr:oveour bord rating, ard thatrs big money,.
cotnci lman r'trorknan: r did a littre more research. Again, I enphasi ze the nJ.ghtwhen v,e interviewed the arditors arO f mj.nX uis,rta a;.a ,i* tn.l-p.^Ill n...,h'hile
.
Tun. Bromberg j.sn't going to fr" *.:Xing -Jirecu.y
r^ri th rrs, he is aconmrrnications link. t car ccfimunications link. r do like that. There,s adifference of about $L,2OS.A0 beteeen the two over 3 :,ears. Ihere would stillaplEa' to be scrne difference of opinion on what nappeiea ln wuyrutr.- 'ii"i.
explanation of q'hat happened was.basicalry the chaiges .r lr,.-iity *ri going tobe aborrt $LU,gTD.0g- The head financial i.proyL, iinanciar a ii:""toi- r"rtin. Janrur), or Febr:r,rar:r. uothing, and I doni t inow accornting legalies brrtnothirg r^,as prrt togetho:. e paiagraph in the,:e that states ir-=&"iii^g *."-.Like that happens, whar are p,., qoing eo aoz easicalllr;;;"ii *;:;;i'f, nr,uc aol/o.l want rrs to do? Do vo. want rs to reconcile these -acco,.,ntia-'-oo,J,l-want
todo ir? How do yor wanE'ro do ir ard * "ur, *,.:r.-ti,'i il:"';i;h fi.'!"p"opr.that I talked to, the 3 people that were there, all agr..esl Ehat tf,e1, iil.,.,"""a
7g
iE. went over it. If v{as ?greed b}, hta},za ta that }res, pannel Kerr shorlld do it.I rte charqes errled. up to * Sia,ogg.-oo.-- lot g3g,ggo.gg or htratever thousandI airrerenie r rhink ir,"t oon r,.6. --at';.t'*"
sonething r think that if irI happened in orrr "lty, it ,-"uiJ-U" Jf,I s.m" ti,i^g . L€, d be in tr.otble if itr happened in orrr "it!.. o. *t, .iiy]'-Iil"ny of those peopte left in Jannarl, vrhenit's reconcilrrat:l !1*:., you'.. ioing-m r,.u" a prouian'=o ct"i.,= going ro bemore work to do ard so that's wtra[ urrey were hir* to-Jo. --*,.y-lontinrred,
asDon savs, they continued to do businesi in vlalrzata.
cor:ncirman Johnson: the exact sane thing just happened to ne with one of mvctients. They uere supposed to provide,i"-inro*iiion. ;,;;;iil,;.: I.n"i .ogo get it. The:, agreed Ehat I could bill thsn another $5,AA|.AA.
courci lman ltbrknan: so with that ard r know Deroitte is a good firm. r,veheard good thirgs about tllgn. Given anl,thirg else, I like pannel Kerr.
corncilrnan Johnson: r have one thing against pannel IGrr. rt aLnost looks likev'e are goirg to thqn. simpry becarrse 5ne'of their peopre aie a
-rlJi.aent
arafrierds of the Counci t and $E,re being impartial.
Councilman Worknan: t\tt +y. I'm goirg to stop laor: right there. Thatrs a bigstatqnent and I think you'ie acc,tsing ie ot "oo.ifring.
-
Counci lman Johnson: !,1o, not vorr .
Courcilman Introrknan: I4ho?
corrnci rman Johnson: the sta tqnents made by ursnla the last time about herfrierds at panner Kerr or whatever- creates'tial image. There was sqne statanentshe made. I forget exactly the gi.st of ;.t Uirt-it was...
Councilwqnan Dimler: you beEter have that straight Ja:r.
Cor:nci lman Johnson: I think you said sonething about vour neighbor 1pu know andalso. . .
Crrmc i lrrrcman Djmler: lle,s our- neighbor. fbrs ever]rcody, s neighbor. Fts 1ivesin Chanhassen.
Corrncilman Johnson: yeah, and I don't think that has anything to do with theatrlitor.
Corrncilrrrnan Dimler: I,,=I l it doesn't. I don't know. thern .Ersonally really lre11at arr. bur becar.se hhe:, do have a member that rives i" ch;;;";;l-i ir,l^r. r.r"world be responsive to Gnnhassen I s concerns and can make those concerns knownto the peopre that will be workirg with ts. Therers a liEtle pu.=on.i to,l"nEhere from a ,.esident r^tro r,rcrrrd hive other "on"".n" uun non-rE"iJ;;I;. -
C-or.rnc i lman Johnson: yeah brrt hers not going to be wor k:..ng the projectwha tsoever .
Cotmci Lr.wman Dimler : ldo , but he r II have scrne inplt .
City C.orrncil lr.tseting - September 13, I9g9
7l
t
cotmci lman Johnson: Ib. He'rr have no inprrt whatsoever:. He's j.sE there. Ther.reakness of their nanagsnen! statsnenE, wtrich is the biggest part. I mean alrthis, 1rcu look it over ard l,ou've got to ccne rrp with t66 "onlf,i"ion
-tn"t
theytre not the ones for us. When I s3e it ard then becarrse tje onlv |ealreason I hear-d yet is that hers a resident of the city.
Counc i thtrnan Dim],er: [,tc the:, are a good firm arx] they have a good record.
I'4ayor Gmiel: Itrs a reputable firm. Ve!-:, reputable.
Counci lman Johnson: Itts reputable, ]res,
Courcilwcman Dimler: PIus the:' have tlre added addition that they have scmeonewith thern t}!at ' s local t},at can give thern scrne inprrt as to qrtrat' 's happening inChanhassen.
corrnci lman Johnson: when lou're doing an atrdit, it doesn't matter. you,re
addirg nrunbers. you're cornEirg. you see that the checks balance ard thatthese barance and everything clrnes together. vrhat's haplEnJ.ng in Granhassenrnakes nothirg to do with anythirg.
cor tnc i lwcrnan Dimrer: r believe that the auditors also, one of their fllnctionstrottld be to make recormendations to city staff as to hov, Ehe:, can moreeconomicall], manage.
Corrnci lman Johnson: And that riias one of their rreaknesses that thelz shoqEd intheir proposal is makirg those recqrmeftlations. BuE an)r€!r.
Don Ash!^rorth: that rsninds me, I shouLd have passed or:t Ehe Springsted.Voto-Tatrges felt that the qresEj.on tegarding what recomerdations Chev had madeand what not, that they wanted to see that clarified and they senE Eh'is overtoday. Di.d r seld down enorrgh copies? r don,t think that tiere's any qrestionEhat Pannel Kerir is a ver}, reprrtable firm. r,m a rittre concernerl ttit'pu.t otthe pol,icy or the stalqnent is goi.rg to be beca'se of scrnebody rocar. r thinkmaybe. it should be jrst teft with Ehe qr.ral i f ications. rhe onil, ..uion i uuythat. is, one of the people r.re interviewed on the city attornet' rives in*ranhassen. one of the proposars her:e invorves for -flre finanliar consrrrtant, isa citizen livirg here in chanhassen. rn fact, Deroitle had carred ard said,vror:ld vorr rike me to take and look to see if ve have an:, trEople r.*ro rive rocar.r],ard r said no. r don't know what his point th--re was brrt he came back to mespecificalll, say,ing r,"e have over- 500 peopJ-e wlro live in this area o): live in theT\,rin Ci ties.
Cotncilman Johnson: the chances of having one of their snplolrees.
Citl, Council t4eeti.ng - September: 13, 1989
Don Ashwor th: ThaErs whl, I don't thinl< that, may'oe the decision should just beone of yorr consideration of the fi.rm. If yorr have some lErsonal beliefs.
conncirwcnan Dimler: I assrlre there is none, and I don,t like the insinrrationthat thel'e is.
Corrrcilman Johnson: It's jrlst the way yorr said iE.
l,la],or Chniel: tte wasnr t sayi.ng that .
72
t
t_
L
r
City Corrncil l4eeting - Septernber 13, l9g9
Councilwqnan Dimler: Nc, n9. Jay did earlier ard you know, lte were talkingaborrE being neishborlv to chaska. rtrat '"e-consiaer thsn. r^Eii iil-;;"ideringhim a neighbor. That e,as reall!, a U"a tt,ire-I" do Jalr.
corrnci rman Johnson: Ah, rrm sorr:r. rt's just tllat that impr:ession was being...
corncirwqnan Dimrer: ['ib're being neighborly to one of our neighbors. oka]"And there is no ties.
Corrrcilman Johnson: Itris is rot a place to be neighborly.
CounciLwcman Dimler: oh reallf Ttren wtryr did r€ do what rrre did the othernighr? rte dog thing for arl the n"i;hboi"-l; be neighborry.
Councilman Johnson: Thatrs a plac.e to be neighborly.
Counc i lrrcrnan DimLer: Ch ]rou get Eo pick and choose. dcay.
l4a!,or Gmiel: Okalr, that's not the issue.
Collnci Iman Johnson: lrle have a motion and a second for Llol4l.
I\,layor Ctmiel: Oh, I was gone.
cor'ciLman Johnson: !,re started this r{i t}r a motion ard a secord for Lro}41.
Counc i lr,rcnan Dimler: I didn't hear a secord.
Coruci lman Bolrt 3 Can I make a cqrment before qrs vote to go on tie [ecord?
Councilhrqnan Dimler: Did r4e have a motion?
fualor Ctmiel: ttr). I didn't hear a motion.
councilman Johnson: r started it with a mction 10 min.tes ago. Bir.l secorxledir.
Coucilrnan. Bolt: This was on the Deloitte. Ihat,s trrre. B.lt before taE voter,rd. jusE like to point ort Lhat if v,e trrrn to tt,. eug" r7B r guess it is. rt,swhatever $E got with the new agenda. rt's infolmati5^. it-.iy"-izain'tir. topof my mine. took at what rre'rt geEtirg. Tqn sa!,s the differerce in rates is$L,2Ag .Aq or less. B.rt look rnrtral \,,e' r5 qetEinj for what the rate is .
@ttnciLman Worknan: Bill let,me- jllst interrupt what :/ouIre gettirg at. AEain,this is-s*nething that is basicalil,, r donrt 'xno, ,n.r. the nrmbers cime frornard m1, discrrssion with pannet Kerrl Ehey're differ:ent also.
Cotmci Lman Johnson: their proposal says the1,'re going Eo do 25 hortrs of epal'Enet. Deloitte,s ooirg to have 53 i.ro,rrs.- thelr're-goirq to-tur" tt"i.manager for: onry so h5rrrsl .Eroittes going to have loi ho,lrs of Eheir managerfor less money. We,re gettirg hiqh prloriil, p""pfe. tnen senior,- fgO
-"'
tor P3nnel . 20o again for oeioitie. a'ain, i tigr,.. po*orrJ"'p"ilon]" oo."hor11's. Then when worr geE !o sqni-senior, panner l.ns mor:e horrrs. Deroit.te has
73
(
L
City Corrncil }Eehing - September 13, I9g9
CoLrncilman Worlqnan: Defensible fcr wha! reasons? Issomethj.ng? I donrt urrlerstand.
175. They don't. even do a jr.mior. Deloittes got 175 ard zero. Stat andt!,ping, that's different. that's probabll, overhead rolled in with Deloitte IworrLd asstrne. The:r're chatg irtg rs for 930.00 an hour for their tlrpist whereDeloitte's trsing it as overhead. r think ttnt's the point Bills ii-ying to maxeis that for less money,.werre gettirg higher powered people. Is that ti= point
]rou started to make Bill?
Counci lman Bol,t: yes. That's kind of the direction I was headed in.
Cor.rnc i Iman Johnson: Sorr:, to inter-.rrrpt ]rorr.
Corrnci lman Bolt: Db. that's just fine. lltre other par t of it is tr:ring to addthese nunbers up but it rooks to nre like Deroittes estimate is scrneti:ir{ rire708 horrrs? Pannel I s estimate is 470 horus? So not onl:, are hre talking aboutthe horrrs distribrrted so. lhat v,e have more experierces people workirg 6n it, but*erre talking about considerably more horus. Almost, I don't lcrow, ihat is that703 more horrrs.
Counci Lman l^trcrkrnn: But the bottom line is, basically the 3 !,ear total cones inthe sane. !'ihatever estimated hours are for whatever, the erd prodrrct, as Ja],says, is the same. rhey're counting beans or whatever. rt's ; historv resson.rtrs a re-enacknenE of history ard so whatever the estimated hours at irhateverthe rates are, whatever that a1r is, the botLom rine is the bottom rine and r.rreshorrld ex5:ect to get the sarne prodrrct. About.
Counci lman Bol.t: Okay. !€II trou g,vs are going to do what yorr're going to dobut r would j.st like to point orrt that r don't. think it's aitensibie. I thinkthat in terms of the auditor, if you go out to the ccnmrnity and terl thqn thatvstl !6r1gfrt 250 horrrs less service bl, more junior people ard gave i! to a snalLerfirn, I don't think thatrs defensible.
r
this a...election or
Councilwqnan Dimler: Vih], do r€ have Eo deferrl it?
Corrnci Iman Bolrt: Iatre have to, I would think, that yorr feel lrou Can defend ever-yvote that I'ou make right?
Corrrc i llrrrnan Dimler: Is sqnebod!' going to challenge us?
Cottnci lflan Johnson: Yes, Ehe:, challerge you every day.
courci lman Bovt: r don'!t know if they challenge yorr. They challenge me. so rjust think tfrat, if vou feel confortable with it, obvio,l.f| -,ou;i" ioirq to 1,ot"
ig do wtrat vou feel cqnfortable doing. r don't feel cornfoi-tible ac6epEing a bidthat ntrrber one is more monelu for less horrrs b:, more jtrnior peopte. i tfri.,,fEhatrs not a good bargain.
Connci lman Worknan: Again, it,s a schsnatic.
l'layor Grniel: Can I interr:upt for jrst a minrrte? Ilxn, lrou h,anted to salrsonethirg.L_
Cit), Council I'Eeti ng - September 13, l9B9
{- \ $aftee: . If I could make Etre point that, in the discrrssion here that
I ::l:!]ve to the conparison betr.een pannel versus Deloitte. pannel l(err and
I :::.--T:: !h" onl:' grorp in rhe audiror's considerarions rhat did nor "ontu.tI ::: llnance_deparurent. Did not ccrne in ard look at oru accornting systsn. Did- no. questl.n r," on wt't-$re're doing or how r+erre doirg it. r was iur-ious toknow how they came yp *iq srrch a ipecific proposal . . lwithout actuarly lookingat r,fhat the:r're w,orking with.
Corrnci lman l^lorlmran: Do !€ have scrnething so different that they,d be unfamiliarwi th it?
Jean l€rMissen: The others all canre.
tun Chaffee: t'1, point beirq that tbey roere the onl:, ones that did not.
Jean l,Euwissen: Ihe rest all cane.
CourciLvqnan Dimler: Did you ask the others to ccme?
Jean l4erMissen : I\b. Ttrey called r:s and asked for atpoinEnents.
Councilman Worknan: That's a point to be made.
counci lman Johnson: rbw much Eime did yorr s[Erxl with these others?
t
Jean l''teuwissen: An horr ard a half to tv,o hours .
Cotmci lman Johnson: And everl, city has different accornting slrstqns. f^le.til-ize sqne kirrl of mainfrarne can!.ter off in Rossro.rnt or-sde ciiry prace. Idon't know. lihere is that conprtei?
Don Ashwor th : Ra,nsey Cotuty.
corrnci lman Johnson: Inler r that's cr-ose. They both sta)--t with an R. And scineother city does it on a FC ard everythirg so it,s importani inio.."tion-- to t.,o*to make the bid. rt'|s one of. the first things that r"e do wrren ;;;-;,t to makea bid for scnebody is to.do the interligence: Gather their work t6 fird out ifvig-can d9 it for: that price. I'm glad 1,orr said thar. I u;s,;; iiei^iloUalfyall had done that.
Counci Iman lntrorknan: Again, wi th the arrditor, I think ther.ers scme, I didn,tfeel confortabre with th: lunbe:s. becarrse when presented on the side to panner,they didn come any,rher:e near matching '4r and so'r get a little cautiorrs when r,:ntryirg to get directed down a_hallway that r'm not so srlre that r hrant to godoyn: So I start to get ca,tio,rs .nd when the nrmbers Aon,t, anO p"opi" ur"teLl ir,g _me scrnethirg conpletely different frjqn whatrs on u pi*. oi-plp=. lnfront of me how itrs been priesented Lo mer then r get cautio.s. that's hhy rcal ler:l Pannel. That's wh),.I called Springsted. m f:.na out ,ht, is- ipiingsteddorbre. r don't think spr ingsted, do yorr-believe that springstea,s dour:,ez rtwas made to rook that uey.so I do get a tittle carrtiorrs irc ir.,al;" nn',G u"inhe:renr defecr or ma.,,uJ it' s. u*',uti= -r"pt-*"-.rir" "i".-^"1#rr"ii i#"I on.rn,I'm doirg for the foLks ont-there who worrld jnst love to be;.n-;i,;."t-.=flng.'I'm making the accounting office ne':vons. t;m giving n"n Xilt"n'".---- -'
75
t
Counci lman Johnson; He's been throrrgh a lot worse.
cornci lman l/brknan: srrre he has and he will be throrqh vrcrse. rhat's not aprediction, just a hope. so it's, Don with Ehe auditor ard with the financiaLadvisor, those ar-e Don's dordcle barrels in hi.s holsters. Like I said, I'maskirg the questions that peopre r think v/ant. me to ask arrl Jal" rrm making :,ounervous and tiat,s what it is r,,orth. In no r,,alr, shape or form in brrsiness, oncity courcir, anythirE, vrorrld r ret a personal relatlonship. r've just untilrecentl], gotten to know TUn Brqnberg. I want to salz again, horeverl ma]rle it'syour derivery but it sourded rike r was beirg accrrsed of patronizirg sdrebodyand r am rrct in fact . r have gotten to lglor^, ton Bromberg . Fb' s an orrtstand-ingirdividual. I don't know Deloitte ard so that's to tun Brornber r s, rna:rbe theiradvantage. r arn weighing it out on paper ard you kind of feel good .6out onewhere 1ou don't feer so good about the other. rhatrs $rhere r eiaea qr withPanner. 'ttre anproyees, you have to \.rork with thern, preferred Deroitie. Donprefers Deroitte. rt sourds like 3 peopre on the councir per fer Del0itte. Ttratmeans scrnethng also anr3 that's vh!, r,,er re discussing it. And so I thinkDeloitte's an outstardirg firrn also. r think theyi re both ard so again, I didthe homework ard I came to scme conclusions. I,m corning to nnlrbe dau n",conclrrsions but that's wkry we're sittirg here on a lleOnesaay night.
corrnc i lrtrrnan Djmler: r guess I'd tike to nEke a statsnenL too and jrEt for therecord here because r have begr accused of patronizirg. r am not dtronizingeither. I have the same concerns arxl did sqne research
Coltnci lman Johnson: I !rculdnrt sa!, it sourded Ehat wa!r. I didn't sal, :rou wereicecarse I didn ' t think you rere.
Corrnci lr,rcrnan Dimler: thank you. Ihanks for lrour vote of confidence. I am nowconcerned that the:, didnrE ccrne in. That throns a little bit of a red fJ.ag.r have nothing against EEloitte. r think thevrre excelrent but r just v,an ted toalso, for che-s.lie of bhe citizens, ask the right qrrestions.
lbyor (hniel: An:, other further discLtssions? Ittd be jrrst for: me to reiteratea Iot of things that were. said here alreadl, so Eherers no sense in takirg Ltp
anl4nor.-e time being that time is fleeting as grickly as it is.
Counci lman Johnson moved, Counci lman Bo]rE secorxled to designate Deloi tte Haskinsand sells as the Cit:/ Auditor. Counci lman Johnson and CornciLman Boyt voted infavor , councilhrcrnan Dimler arrl }4a1,or clmier voted in opposi Lion ard dLrnci lmanWorknan uas silent. The motion carr:ied !.Jith a voEe of : to Z.
cit]' Council lEeting - septe,nber 13, I9g9
I4a!,or Chniel: I didn't he3r :,oru vote.
Cotrnci Iman !.tro,:knan: that's becallse I didn'E.
I4altor Clmiel- : So )rou I re votirg for D3Loi ELe?
Corrnc i lracrnan Dimler: yorlr silent vote is a yes.
I4ayor Gmiel: Yolrr silent vote is a yes vote.
Cotrrcilman i{crknan: Then I was silent I guess.
I
76
Cit!, Cormcil lEeting - Septernber 13, 1989
COUIJCIL PRESENTATIQNS:
l4alzor Ctmiel: Can r,E do these quicklf We have Lake Lucl, Road, parking
peEnits.
Corucilman BO:.t.: DOn, can lte annollnce tO staff, so they don't Sta!/ arorud, that
trre are not goirg to talk about the brdget tonight?
t4ayor Gmiel : vlell let' s see. i4b have already discrrssed pr]bl ic safet:r and
werve already discrrssed. . .
Don AshqDrth: the onl1, thing left is adninistration and then vre can start in
discussions as to how do lrou vrant Eo proceed next. What vJ,ould yorr Iike to see
me do.
I,layor Guniel: I'd like to see !,ou ccrne up with scrne different figures than what
werve had. Ird like Eo see if at aII possible to review those respected budgets
and corne up with sone los,er...
Counci lman Johnson: I think ue need to cut a million dollars out.
Don Ashworth: Is it fair to say that the City Council wants to see no prolErt:,
tax increase v,,hen I bring it back?
I,layor Ctrniel: Thatrs my bottqn line.
Don Asht Drth: Oka1,. And then a listing of what it is that I would reccrmend to
be cut to accqnplish that?
l4ayor &rniel: Okay.
Corrnci Iman Johnson: Do lre $anE to provide an!' di):ection as to favored
departsnents? Engineerirg, public safet:r, whatever.
Counc i lr+crnan Djmler: Worrld it be fair to sa:, Eo crrt the fat?
Don Ashworth: A million dollars, 1,ou I re going to be crrttirg.
Counci Iman Johnson: There was a lot of ver!' honest people sa!'ing that there uasfat in their budgets.
Cormcilman Boyt 3 I didn't hear that. Recogni ze that the brrdget is a little,I'd call it odd in that we've got Frontier Trail in the budget when in fact
werre not going to tax for that srrcker: anwa:r. PaLdon m}, Iangrrage but I meanit, s just. . .
Corrnci lman Johnson:
in.
If we're going to bond for it, vre oughE to put the bond cost
councirman Eo:rt: yeah, the bond cost needs to go i.n ther:e bnt r worrrd like to
see the City Council meet to discrrss the philosophy behj.rd the bndget before 1,orrcrlt vour million dollars out. that only makes sense to me.
7l
l€1or Grniel: yes it does. But on the othe,: Eoken, r,d rike each of thedepar bnents to look at their or.r,t brdgets and go through their cuts t; L nnutEhe!, can cut out.
Corrnc i lr{cnan Dimler: yeah, have thern decide wtrere.
I''layor G,niel-:- rheyr re the 5:eople hltro are in that position ard therers going tosome that w.iIJ. say no, ',re can'i crrr and tnat's wneie-it--iri'Li.-iJ i"i ir.
councilman eoyti r aglee that r,d rearly like to see the staff $,ork out whatthe budget specifics are. r,d rike to de the city corrncii *it ""t utut tn.budget priorities are.
Ilayor Ctrniel: Certainl:r. It comes back to us eventrrall!,.
Counci lran Bol.t: I think. what we,re leadirg to is if lrE sa:, Eo the detrErtrnents,do out and .'lt orrt 208, i,hat l.u're going to tina next year is that everybodybuilds 20t in. Then they,ll ue rej1, f5r us-
l,'layor C:miel: Ihen you might 9o 40 to ccmtrEnsate for that 20.
Counci lman Johnson: The policy of the Council for the last 2 :/ears anl whatI jrst heard tonight is going !o Ue- !o1 *is 1rear, is that tn"'*ii-r"te,s goingto sta:, the salne or redrrced. I erould Ue wiffirq to bet that ,^,e *if f l"t a S_OvoEe j.f ,ae made tlat a motion. That the policy'ot the Corurcil is no j.ncrease :nTi]. ru!" for next year's brdget. i tni.x-tt',Jiis .r*o=r a foregone corcr.rsion.I think I know everybodl, thai nrrch.
Don Asht'.rth: Therers scrne other niscelraneots things we need to tark aboutinclrrdirg like newsletters, I've got some costs in that aryJ kirxls ard scrne oEher-.lhings in Lhe legislative area brrb I those I think can wait for another night.
City Council t€eting - Septsnber 13, I9g9
l4ayor Clmiel: Okay.
Corrncil*rrnan Dimler :
rleek.
LeErs move on to the balarce of the itsns. qrrJ.ckly please.
I'd Iike to sa], that I don't lnve my agenda fron last
Cornci lman Johnson: Ihe fj.rst i tern she asked for l,Jas ACoption of Cit:, Valrreswas lrorrr first one ard this is what I Alssed orrt several monchs ago oi citycouncil goaLs from the cit!, of frrampagne. i uiso naa their ciE], valrres but,I misplaced those.
t4alror C?rnie1: I have them at home.
Corrnci lman Johnson:
too.
I have thqn at home too but my home is misplaced right now
Cotrnc j.Iwqnan Dj.mlet : !^IelI I don, t have m:, noEes and I don, C rqnsnber exactll,what all I had wr:itten tfre:e lrlt I,II tL:, to go fr:orn rn_no.1r. iw..-""n"".n.0that ',e had lef t r4arge kind of hanging . 'vqe rrian, t made an'action on"-*, o. tn"other ard I hDuld recomerd at thii time Ehat u,e adopt Ehose vahres.
corrnc i rman Johnson: r thi.nk EhaE this corncil shorld provide their o*l var.es,even thorlgh r think .,argie's is extranel), good starE. There was a ro. of
78
ink thel, mav have been helped. ThaE ma}, be more of
. ccrning throrrgh. Ihose are ver1, good andjrne to really go over it cJ,osel!.
Corrnci I wcrnan Dimler: .tay, b}, the time vle have the time to do thaE, vorr know howbtls:, ke are, I h,orlld jnst sai that $,e adopt Ehsn now ard if lrorl want to get morestlingent later on, that's fine brrt at this pornt tti" is a good starting point.
c'or rnc i lrnan Johnson: yeah ard in addition I'd rike to see the councir adopt scmeSo.l:.. - rtris is j,rs! an example of how e'npagne did it and rhey ;;;.-L.*available Eo arr citizens. They publish their-varues. The co.ncil varr.res arrlthey have thsn sittinq in ever1dcod1,,s office in city hali. ft"'Sirl"-..=prrblished arrl set on Lhe waII i., c-ity n.ii-ro-[fr" qnplo],ees are constantlvraninded of these.
Cit:, Cormcil lEeting - SepEember 13, I9g9
thorrght. put into that. Ia natrlral t:,IE thing that
unfortunatell, I've not haC
Corrnci lwrrnan Dimler :
Ehere a second?
CorrnciLman Bo].!: WaiE a mimrte.this.
Cormci lr^rcnan Dirler :
movirg it now.
Corrnc i lman Johnson:
...but an!rra:,, I did say it first so I move that. Is
rh
is
t
Colurcilman Boyt: IE's not on the agenda.
Councilwqnan Dimler: It cerEainly is.
Corrncilman Bo].t : ."tot on the prrbt ished agenda .
l4ayo. Cluniel: EveJr tborlgh itrs here, .,ut was at the parti.c,Iar meetirq so v,edo have to carr:v it over.
Cornci lman Johnson: OLr, this is a cormcil presentation. !{e canrE move on ;t.It has to go onEo the regrrlar agerda so von want to put that on Ehe next agerdatmless rre waive ortr rrrles.
corrnc i l'rrxnan Dimr-er : I{e corrldn' E. rnove it lasE Eime becarrse it was a visitorPresentation rrnder that same rrlle. Sb noe, iE's urrler @uncil presentaEionbecartse I vranted to make srlre thaE ,* mouea it.
Councilman Johnsons The council pt:esentations, as it salrs, no action will be
::1.n. It will 90 to the next agenda rrnless rte ,,ra ive orri. i,rfes. -
f
-.o"u ,*lgarve orrr rlrles so rare can move on this.
Coruc i I rrrcxnan Dimler: yes. I second that.
cn'nci lman Bo:.t: wait a min.te. 'vE assigned this Eo tari si--ts*,E to researchwhat qas going on j.n lhe olher: half of o,rrl corm,uit}r. tt" otn"i nufi-oiChanhassen.
I^le'd have to set aside orrr rules here to do
I.lo, becarrse that rras brought rrp last time. IhaE,s $rlv I,m
Minnetonka.
The Minnetonka School District, ),es
79
Councilwornan Diml-er:
City Corrncil I'EeEing - September 13, 1989
Counci lman BoyE: Werve alreadv got. her workirg on it. It onl1, makes sense toget that infotmaEion.
C.ornc i lwcrnan Dimler: But that doesnr t mean rrre canr t adopt it.
Don Ashlrorth: Irve had caLls j.n to Dral,er for the last 3 days ard there has not
been a response to those calrs. rhe other thing on tlle corrEir presenEationportion, when the itsn first came on, I tried to be ver.}, good in Eel.rns ofinsrrring that I publ ished the itqn ani that I got all eicios,rres in so l,orrPotentiall:, could vote on it.
Corrncilman Johnson: Itts just a rreek.
Councilwcman Dimler: lb, itts 2 $reeks.
Corrncilran Bo:'E: I talked to I'4arg ie. yorr probably tatked to l,4argie. She
ccmpLetel:, urxlersEarxls why ua dj.dn't take action on it that night. She's notprshing rls to take action irmediatell,. Why don't :rou let stafi find out whatrsgoing on?
I',layor Gmiel : Yes , vrhy donr t r,,e do that .
Councilwonan Dimler: I donrt know if staff is goirg to fird out whether ureagree with you. r4hat the:, v,anE to know is if l"linnetonka v,Janls Eo get invorved.I brorrght that up ard I jrlst simpj-y wanted to know if it was just ;chooldistrict rr2 or whether uie $rer:e including Minnetonka. rt uras jrrst a technicalpoint. It has nothirg to do with whether lte adopt the values 6r not. Ard I'mjrrst simpl], mov].ng nou, that vJe're adopting the values.
CottnciLman Johnson: !,lh:, don't v,e Etblish it? E)tlt it on new business. publish
1t. in the newspalEr and maybe sornebody else will have scrne cdmenE to it.
Councilwqnan Dimler: Itrs been published in the paper.
Cotrnci Iman Wotknan: I donrt know Jalr. I don't Ehink that's...
Councilinan Johnson: Visitor presentaEion?
Courcilvrcman Dimler: tdo, brrt I mean ever:, other ccrnnrrni tl, arormd rrs has adoptediE arxl the:,'ve been specified...
Cormcilman Johnson: ltrey have?
Councilwqnan Di.mler: Yes.
Cotmcilman Johnson: Minnetonka?
Cor rnc i lr.runan Dimler: Ntt the schooL di.stl:ict. The ccnmrnities.
counci lman worknan: rf iErs not too late, I'Il secorxl ursura's motion. I don,t
know if vE need to have a motion to rnod i f:, the...
8S
l,tayor Ctrniel: I'4, urderstardirg is that Ehis is not a publishedjrlst broughE rrp even though r+e had r.t on the agenda previorrsly.beirq brought rrp by yorr at this particrrlar tinre which does noiprolEr lErstrEtorls for the . . .
i tsn.This wasis now
into the
th
puE
isit
corrnc i lrlcrnan oimler: !^lerr then how else shourd I have made srlre that qe movedon it? It corrld have been jrEt totall:, forgotten.
l,lalror: Ctmiel : Then we can put it on the next agenda.
cormc i ruqnan Dim],er: so tien r make a motion that r€ Ert it on the regularagerda for next time.
Corrncilman Johnson: Secord.
corncilr,ronan Dimrer moved, corurcilman Johnson seconded to direct staff to putMogtion of Cj.t], Vahles on.the agerda for the next Cit), Council meeting. Al1voted in favor and tie motion carr:ied.
I,ayor Grniel: Ilext, take LrE:, Road parkirg pemits.
Councilrocrnan Dimler: Oka)'. t"ly only reason for br:inging that is because theTichy's have gotten Eheir IErmits ard everythirq is wor[ing fine. Hov,rever, theother residents, Nancy called me and said i,m not srlre the other: residents areaware that it is now availabl.e so I was goirg to ask the Villager ard the Sailorto p'rclish. Make srrre that it gets in the paper so that the peopre on r.ake Lucy
Road know that they are nov, available. Worr1d _vou do that Doni
Dbn Ash\..ro[ th : Oka]'.
Cornci Iman Johnson:
Ehan or 15 of thern?
Wouldnrt it be easiel jrst Eo tel,l thern? TeIl the Ig of
I'layor chrniel: Jim, is there sore way that vorr can notify those people either bl,retter indicating that they are avairable to those peopre adjacenc to raxe t,rcy-
Road?
Don Ashrrorth: Send thern a letler \rou mean?
Don Ashworth:
ir?
Yes. !,le can send them orrt tike rte did the othel:s.
llas anlrone called j.n to get a permit or anlrone conpla j.ned aboLrt
Jim (traf fee:
l4ayor Grniel: Okalr,
Cottncilman Johnson:
Jim ctraffee: rb. we've had a corrple...parking pl:obrqns of people wlro clon'tlive on [ake Luc], ard wanEed to park on Lake Lirc1, brrE no, noi" ?ron theresidents.
the next i tern on the agenda is Granhassen pharmacv.
Parkj-rq in f ,.ont of .
8l
Citl, Counci I |Eeting - September 13, l9g9
c.onncilwunan Difiler : okay, r,lr. Targ who is the pha[nacist there, owner, brorrghtit to m], attention that there are onl1,, with the redoing of the iot, ther:e areonl!'. 2 harxl icap parkirg spaces ard perhaps that,s arr that is reErired brrt the),are both in front of his phar:mac1, and there is none anyr,frere else. So thatseqned raEher ridicrrlous. Then $le four spots that were allotted to hifi are 2handicaps and 2 fire lanes. Itm jtrt vonlering khl, it was done that vJalr. Couldstaff prease fird out why it was done ti't way ard if it can be correct&,please do so.
Citlr Corrncil fEeting - Septqnber 13, l9g9
l',lalror Gmiel: take ir-lc}' publ ic acress. Vitror s discrrssion was that?
Cornci Iman Johnson: Ihat idas 1rcrrrs Ursula.
Councilwcman Dimler: Like I said, I don,t have m), notes and I don't rsnsnberwh:, I put it on. Give me jrrst a mcnent..
l4a:,or Gmiel: t4h:, don't qE let EIic, hers been here aII night. It's :,our. trlrnto sirg for 5 minutes Eric. I'd Iike vorr to conve), the inf5rmation to thebarance of the corrncir as you tord me, that specific information. r know it r,Bslorqer than 5 minutes buE if yor: could cordense it.
Eric Rivkin: r was \,',orxler ing if we could schedule a meeting, otrEn to the prrbl icof course, Eo discnss tire fj.nancj.al obligations that the cily might have to faceand to try to move EIte project forrrard to a srrccessful conclisioi in anexlEdiate manner. I want to read 50 words of my sramaryr and I uon'E read anymore, fron the srtrmary first and then ylu a"n giua me qr-resEions. I,J,I gi.ve y6ua surma(:, of m:, notes.
corurcirman worknan: I was going to srlggest Eo E.ric that he perhaps, when he hasa letter, thEt he serd it di,:ectl:, to rrs ,.ather than to City HaIJ..
Cormcilman Bol't: Didn't ure get sornetiring on this in the last Mmin pack?
l€yor GmieJ.: Yes, we dj.d.
EIic Rivkin: My concrusJ.on to arr of uris has, r think we orrght to owe it toour:selves to hite a consuLtanE to Eake scrne of the uniqrre solirtions that vle carnettp with so that he can reso]ve the...and save .s a rot more money and grief inthe lorg rrm. I vrDurd sa}, to thgn, we'ive got this lake restoration p.61.ct unathe pr:oblan with pltting in an access. The crrrr:ent rrDrk pran ,*r ,,.j.ci.d on"eal.ready because it doesn.'t meet the prlblic,s water Elaliti/ bill so r6.t do 1,o,lrecormend that r.e do is basically it. r exprained [hat a rot frlrther on utry r"eshorrrd hire... Between the both of thsn they,ve got.ten over L00 EpA grants intheir: careers and they know all Ehe trEopre that ',re,ve tarked to and thev knowaLl Eheir bosses. The), know the people that work for: thern. The:, know people atthe DNR to Eark to. Tb be able to get. . .mechanical rift or not ;t alr. rb geterjrinated is the assrmptj.on r $ras working rrrrlar: ard wribing these Littre noteslast night. rf that beccxnes an optJ.on, I wanted to dsnonstriate that ,*e co,rdpose an al, ternaEive here which showed th3t ue corlld consider sdne costs ofrestor:ing Ehe lake, Iake L.cy and if rre trave to sever it from Ehe pr:oject. Itdoes sorrnd feasible to us brrt how it geEs done is sEirl ...g,rarante3 mLt certainwater q.arity goars that are expected in the pr:oject. t.lori to rnesh those in
B2
City Council lEeting - Septeftber 13, l9g9
really niceJ.y I think is beyord oLrr capabilit!, to do that. Technically,poriticalry arxi... r've checked thern orrt and thev,ve been involved in waterEurity improvanent ard r-estorati.on projects all throrghout the state. They
l<now everlbody there is to know to get things done. r think $re owe it toourselves to 100k at thqn. r think they,rr be able to save ns money in the 10ng,:un so I was woniering if v,e corrld schedr:le a meeting, a public meeting to beable to discr.rss these a lot further in a Ejfiel], manner Eo be able to see what
5i^9, gf_?g:a outlalrs r+e have Eo face. If r.e'r6 going to imptemenE this project,Is Ene UIEI, golrg to have enough mone:, Lo be able to brr:, an access? probablynot. As far.as money for lake restoration, probably not. ll]w can !!e get themone:r to do it? l^Ie've got to talk about it io. There are sone ideas in there.Sone things that. you probably alread], had thorqht about. A poinE is that Idon|t have the t.ine ard I donrt think 1,ou gr:ys have the tj.rne Eo be able toresearch on all of this thoroughry enough io-be abre to say this is oursolution. That's htry Irm reccmerdirg these consultants.
Corrnci Iman Worknan: Eric, I kind of caught you halfway. I.Iere ]rou talking aboutCIean-EIo? Checkilg thsn ouE?
Eric Rivkin : l.b.
Counci lman V'Iorknan: Because at orrr meeEing, and I know lrou,re a CIean_FIo kindof guy, are )rorr aware that the DNR ,rrouldn't propose that tlpe of aeraEor in theIakes?
Eric Rivkin: Tb do whaE.? Tb prevent fish ki1l, yes thel, Hould recqrmend it.Ib aerate the lake ard destraEif:, the lake, ],es they uio,rld do thac. I know thatF€ople would leconmend it. .Ib Ledtrce mrrck and...
counci lrnan workman: r'm jLrst sayl.ng when rre went to that meetirg with Fisheriesand I4r - shannon and tiose forks and those people at that, and itis tough kee.oingtrack of everybod], that vJas at the tabl,e birt r^e were at the DNR arrl thev wereall shaking their heads to it. I donrt know anl,thing about it.
cotrnci }inan Johnson: r rearly rikerl i.n tlre adninstrabive packet the fact thaE
DNR is now considering letting chanhassen do it's own thing Eo that lake versusprlttirg a pr.rblic access on it. Irve been prlshing Ehat for well over a vear:withorrt it being able to geE it past tori f,nd r lrrank tbn for getting ii there.
!^le have the oppottunit:'. vftat qe can do is prrt out an RFp out to the vario.speople thaE do this kind of urcrk, and there,s a lot more. this is not nearly anincltrsive lisE, for proposals on how to do this- what you srd rrp with. If 1,orrdo it sna'tly, what ],ou end rrp with i.s qet.ting peopre to come in iixe Ehe1, camein and tarked to arl of oru financiar peopte ueiore they p.t in a bid. rhey
come in and do so'ne basic research on the prioject. Irok at the rake. @me backwith, each different firm ccrne back with var_i6,rs proposals. Then werll havemaybe r0 different proposal,s on what varions people -tninx is the actions tc betaken to cLean up Ehe lake versus just goirq ;ith one grlv ard saying, oka:, howdo qle do it becarrse ever:r one grUr's got his one idea and-his iaea i.i the onl:,way that will work. Orr ll,rnnologies .i.n my office, he larrghs at. the Riplox.
He I s got aII of the reports fr:om tnng take becarrse w3 did tang lake. -tor..n
Larson. Fb used to be with EpA. f€ hired hjm about a year ago. Several y,earsbeforje that it \.ras the firm that I got hired on in }4alr ttrat OIA hng lake. Sothere's a rot of people out there. hle corrrd prrt together an psp thit ccmes outwith a lot of rlniqlg ideas on how to do take 't,lrc.,.
83
counci lman worknan: r have jrrst one quick cqment arxl r mentioned this to Eric.In even prJ.li.ng the lake out, and r€re the Citl, to expend frnds on Ehat lake, rrestill would have a siEuation. v,Ie stiU have Ehe same sitrlaEion wh), the DNRisnrt likely to prrS p61i. fruds into an access less lake because -it worrld
appear as Ehough you're tr:rirg to clean r:p a private lake.
Eric Rivkin: rhat's hrtrere...can come in. they can negotiate with the MpcA tocharge the substate agreement becarrse the1, knoiv these people ard thel, know howto get it changed. Ihelz can lobby' for this.
Councilrnan Johnson: It's illegal fof, DNR to put mone:, into it eri thout it but v,ecan lxlt money into it.
Eric Rivkin: rhe substaEe agresnent. is srrch Ehat it says t-Lere has to be prrlclicaccess on arl the lakes that are involved in the project even if thel,, r don'tknow. sornehow it ma:, tie take Lucy in even ir r"e pay for the r:estoriiionoursel.ves. someho,, the MpcA corrld maniprrlate that aronnd. r don't think vre havthe resollrces or time to be abre to convince them that rer lr do it the r^,ay...
@uncilman Johnson: These two gentlqnen l:ave alreadlr had a meeti,rg that hasalreadlr, is going that way. !,lb have a letter- from them say,ing that that mightbe feasible. The DNR.
|4ayor Ctrmier: this is thtorrgh MpcA too rnorking throrrgh EpA to see if the:, urouldagree with that.
corrnciLman Johnson: !^t--rre arready going in tha t. di.rection without hir:ing
scrnebodl, at $80.00 to 9L00.06 an horu to help Lrs do it.
Mayo,: chniel: tet me give vou a copy of this rettel.. you can read that. I^]e,11
move on. r've jrlst goE tvro leEters het-e that I'd jrlst like to addr.ess realErickry. one is from Ehe cit1, of creenulcod. on beharf of the r'lavor and citvcouncil ard residents of Geenwood, r'd like thanking Ciranhassen tlty counciifor extending worrr animar. conErol servlces to inclrrcl6 orrr neighboriniccnmrmities for the short teEn basis ard I won't go into tne irrlr co;text butvhat it says again is thank vou Ctranhassen Citl, 6rrncil again for considerationarrl approve the short berm agresnent to provide animal coiErol service. r€ rookforward to worki.ng with lzorr in the futrrre. rrve got one arso frorn the citl, ofVictolj.a ard it. says, on behalf of the Cit!, of Victor:ia, I'd like Eo ex terxl myappreciate to lrou and :/oru staff offering to provide an]har controt .e.ui..s tothe Cit], of Victoria. I believe the CiE), of Chanhassen, ard I tike thisparagraph believe me. I believe the.Citl, of (tranhassen is settinq an exa.nple byshowirg a tl ue sense of ccnmrrnity spir-iE by J.erdi.rq a helpinq har;. r.le rootforward to working with yorr on this endeavor. r thorrght. ir,ui ,r= prett:, neaL.I thj.nk thatrs scEnething tlut r,re can look at as a cit!.
corncilwqnan Dimler: moved, corrncilman !{o)jlq.nan seconrled to adjorlrn the meeting.Ar1 voted in favor ard the rncEion carr:ied, rhe meeEirg was idlo,rrned at u:15p.m..
Citl, Corncil t€eting - SepEqnber 13, 1989
Suhn j. tted bl, Dcn Ashworth
Ci t!, f,lanager Prepared by ltann @heim
LAw OFF|cEs
GnaNNrs, GnaNNrs, FARRTLL & KNUTSoN
PRoFEssloNAL AssoctATtoN
Posr OFFTCE Box ,7
40J NoRwEsr BANK BUTLDTNG
16l NoR'rH coNcoRD EXCH^NGE
SourH ST. PAUL, MrNNEsor^ ,r07t
TEIEPHoNE (612) 455-1661
September 19, 1989
147
55317
€,-.*t 4*,g*,
la,
TELEcoPtER:
t6t2J 4t5-2)r9
Errorr B KNETSaH
MrcH^Er J. MAYER
D^vro L. Cr,{NNrs - lA14-1961
D^vrD L. GRrNNrs, JR. , l9l0-1980
VANcE B. GA^NNrs
V^NcE B. C^^NNrs, JR.*
PATtucK A. FARITL!
DAvrD L. GR\NNrs. lll
Rax;aa N KNUTSoN
Davto L. Hanxrvrr
Ph.lcr lN vrroNsN
Mr. Don Ashworth
Chanhassen City HaI I
690 Coul,ter Drive, Box
Chanhassen, Minnesota
RE: Teton Lane
Enclosed is a copy of my letter to Curry Farms' attorney. I
have told him that un.Less his cLient indicated a willingness to
acquire the easements for the City, the City would draw down the
l-etter of credit and proceed to condemnation. Since I have heard
nothing back in response, the City Councif shoul-d be requested to
authorize a draw against the Ietter of credit. The developer may
challenge the City's right to take this action.
very truly yours,
GRA FARRELL
BY
Roger N. Knutson
RNK: srn
Enclosure
fl.""," ^.-.(u/E-,/..r.^-* y'
lk €.+, o-//,-t1't fr"*'"'J J
re -. ^,.. e- - lJ
SEP :l 0 iydv
CITY OF Cl-iAltl H"rssc,\
TSON.
, GRANNTS
.1--.._.-
Dear Don:
D^vrD L. GRrNNrs - 1874-1961
D^vrD L. GR^NNrs, JR. - l9l0-1980
V^NCE B. GMNNT5
V^NCE B. CR^NNts, JR.r
PATsJCK A. F^Rx4r
D^vro L. GR NNrs. III
RocER N. KNr,"rsoN
D^vro L. H^R!EyEA
RNK:srn
cc: Don Ashworth
L^w O[FrcEs
GnaNNrs, GuNNrs, Fan-nru & KNursoN
PiorEsstoNAL AssoclATtoN
gosr OFFtcE Box 57
401 NoRvElr BANK BuILD|NG
16l NoRTH CoNcoRD ExcH^Nca
SourH ST. P^uL MtNNEsor rtOT,
TELEcoPtER:
\6t2) 451-2359
ELUorr B. KNElscH
MrcH,{EL J. M^yER
TELTPHoNE (612) 4rr- l66l
PM(:rcE N VrrcsN September 19, 1989
Mr. Daniel J. Cole, Jr.Briggs and Morgan
2200 Fi.rst NationaL Bank BuildingSaint Paul, Mj-nnesota 55101
RE:Curry Farms Second Addi tion
Your File No. 11877.34
Dear Dan:
The Teton Lane issue will be on the City Council's September25, 1989, agenda. The Council will be asked to authorize a
$30,000 draw against the Curry Farns Second Addition Ietter ofcredit. The money represents the cost of Harvey Swenson'sappraisal and our estimated attorneyrs fees and costs in the
condemndation case. We will write the easement ovrner a letteroffering them the amount of the appraisal. If the offer is notaccepted, we wiIl commence condemnation.
ry trul ours,v
UTSON D
GRANN I S, FARRELL
l
B
Ko9e
I 6CITY CF
EIIANHISSEI[
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, I\,4INNESOTA 55317
(612) 937- r 900
. ,.:.1 , rlity A,trniii.trtor
-LZ--/O2IUEIvIORANDUIU
TO: Don
FROlI:
DATE :
SUBJ :
Ashworth r City
cary Warrenr City
September 20, 1989
Approve Purchase
H i1I water Tower
Eile No. PwI5I B
I{anager
Engineer ocd't *:/-;lfrt--
' lr 'i1
Agreement for SaIeSite to Gilbert and
' .tir,r i. i. r; ur rl
- -J /zln)-of Portion of I'furray
Jillene Kreidberg
As a part of the Pleasant HilI subdivision trail issue, and water
tower site access concern, I{r. Gi1 Kreidberg who resides aL 6444
I"lurray Hill Road had expressed interest in acquiring the easterlyportion of the City's 1ot. A catalyst to this issue was the
Cityrs interest in providing auxilliary access Eo the l*lurray HilI
water tower site f rorn Murray HilI Road. This is especially
important during the wintertilne since it is a more shelteredroute and not as likely to be snowbound as is the case with ourwesterly access over the school property (see January 21, 1988staff report ) .
I"luch discussion with the neighbors and i.tr. Kreidberg have beencarried on over the past year. We appear to have reached an
agreement with I{r. Kreidberg and the neighbors vrhereby the City
would agree to sell a portion of the water tower site as shown in
Attachment #2 with the understanding that the northerly 20 feetof the City's parcel would remain in City ownership and would beutiLized as a multi-purpose trail and gravel drive access for theCityrs water tower site. I{r, Kreidberg is interested in cleaningup this parcel of property and Iikewise the City would placeappropriate control gates to prohibit the unauthorized access ofvehicular traffic onto this drive. One of the pine trees withinthe Cityrs 20-foot frontage would in aI1 likelihood require remo-val in order to construct the Io-foot access drive and trail.
The City had an appraisal done on the easterly port.ion of thisproperty. The appraisal cost of $39,000 has been proportionalely
scaled doLrn to reflect the City retaining ownership of the north20 feet of this parcel. The $30,000 purchase price is based onNr. Kreidberg's interest in paying cash for this transaction.
Don Ashwor tll
September 20, 1989
Page 2
The contingencies section of the purchase agreement contains thespecific terms of our agreement which I{r. Kreidberg, as it rela-tes to the trail/water tower site access which he has personally
conununicated to his neighbors. It is therefore recommended thatthe attached purchase agreement be approved for execution andstaff be directed to implement the plan as specified therein. Aportion of the proceeds of the sale should be dedicated to coverthe City's costs for the access.
Attachments
I
3
4
5
Staff Report dated January 21 , I9BB.Location lqap.Letter from Gilbert Kreidberg dated l"lay 9
Iqemo to Roger Knutson dated September 14,Purchase Agreenent.
I"lr . GiI KreidbergJerry Boucher, Utility SuperintendentFile r\o . PW15 9
, 1989.
1989.
r)
\\ClTY OF
EEIfiIIHISSEXI
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
L.t - rAb
IUEMORANDUM
TO: Don Ashvrorth, City Manager
FROM: Gary Warren, City Engineer
DATE: January 21, 1988
i /2//t/.._
*_/ /a{?s
SUBJ: ProposeFile No
o Water Tower otf Murray Hill Road
?he City owns and operates a 200,000 gallon elevat.ed waterstorage tank on the south 110 feet of Lot 31, Murray Hill sub-division. The eLevated tank vras constructed in 1972 and servesas the only water resevoir supply ror the northwest portion oft.he City. As shown on Attachment No. 2 f rorn the tower construc-tion plans, the City acquired the total veidth of Lot 3t in orderthat the service access to Lhe water tower could be taken off ofMurray Hill Road f rorn the east.
In 1984, the Pleasant Hill subdivision road construction was
completed with the extensiol) of Murray HilI Road south of MelodyHill Roal] dedicated as a public street. In addition, theDevelopment Contract called for the developer (Curtis and KatheOstrom) E.o donate E.o t.he City a perpetua.l_ l0-foot wide easementfor a pedestrian trail system along ihe east line of Lot 5 andthe south Iines of Lots 3 and 4 ( Attachments No. 3 anC 4).
Prior to the construction or the extension of Murray Hill Road in1984, the only access lo the siEe was from the west., across t.heMinnetonka School District property. Utility personnel haveexperienced difficulties, particularly during the vrinter rviththis route, since snow Crifts into this open area quite readily.At presenE we only have a verbal agreement with the SchoolDistrict for use of their property.
On the average, our service personnel visit the vrater t.ower twot.o t.hree tj.mes per week to see Lhat everything is working pro-perly. The rrost cr j.tical time Eor being able to access the ele-vated tan.i( is during the !r/i;'rter months when equipmentrnalfunctions are rnore IikeIy and the Ereezirnq temperatures canpose potentially hazardous tank operaEing conditions.
It is therefore our inLent to utilize City property as originallyplanned, to construct a "drivervay" access from Murray Hill Road
d
Pwo24
I
(
Don Ashworth
January 21, 1988
Page 2
to the hrater tohrer site. The driveway location would be selec-tively placed such that none of the living 50-foot pine treeswould be disturbed, Our intent would be to favor the northerlyside of the City's lot as proposed in the original constructio;plan (Attachment No. 2). Installation of this access wou]d be onCity property, thereby releasing us from the vulnerability of theverbal agreement with the school District. The east acceis arsois more sheLtered and as a resurt does not encounter such extreme
s no!,, conditions. If this access is not a11owed, I would suggestthat the city consider serling the east 200 feet (i acre) oi-thisproperty and use these funds to acquire a formal roadway easementfor the westerly route and improve this access road as best aspossibre to facilitate better winter access to the water t.ower.
In a related matter, the pedestrian trail easement which was tobe provided by the developer along the east side of Lot.5 and thesouth side of Lots 3 and 4 (see Aitachment No.3) has not beenprovided to date. Mr. ostrom has indicated a desire to insteadprovide the easement along the east and north side of Lot 6 sinceLhis 1ot has not been sold as of yet. If the City were toaccept Lot 6 trail easements in lieu of Lots 3,4, and 5, thiswould not provide a through trail to the school property'asplanned unless it continued across the City's waier'towlr site.Without the access through Lot 3I, the City should hold to therequirement for trail easements along Lots 3, 4, and 5 rvhich inarl pracicality provides the most diiect route to the school pro-perty and buildings.
To briefly address the other comments raised in Mr. Ostrom,sletter of December 7,1987 (Attachment No. 5), the rvater tower isa permitted use in the RsF singre family residential district andfafrs into the category of utiiity services Isection 20-612(5)].City service t.ruck ,'intrusion" would be Iimited to a pick-upt.ruck visiting the site on the average of two to thre; times perweek and would be no more intrusive Lhan the city snowplows whichI am sure are a welcome site when they visit the area. The mixof motorized t.raff ic r./ith pedestrians is no different than anyother traveled sEreet in the residential community and, in fact,our current access may pose more of a safet.y hazard for childrensince we travel across Melody HiIl Road and a portion of thesoccer playfield tor the school. Lastly, the bevelopmentAgreement cited by Mr. Ostrom applies ipecifically Lo his deve_lopment. Our intentions are trowever to limit ttre wiacfr of ouraccess driveway t.o the bare minimum to accomodate our utilityvehicles and avoid removal of any of the 5O-foot pine trees.
unress the councir chooses to act otherwise, we wirl proceed wiLhinstarration of t.he water tor.rer access ,Jriveway from Murray HilrRoad as planned.
t
r (
Don AshvTor t.h
January 21, I988page 2
Attachments:I
2
3
4
5
Site Map
Construction plan ExcerptFeature Map
Page 8 of the pleasant HiIl DevetopmentLetter from Curtis Ostrom dated Deaember
Con tract7, Lg87
t
12
\
nriS
tiarq
.l
-
.36
\)
r
7
I
L4 IE t
,antsofr
at
P J
o
@
€
I
t
I
q
w 67 T1t SIREE r
PtHE ctq
Vf lt
s
\o
A
u Ari-ncH /r48..'++t
I
ftrtl^..-
ol
U{'
r-o\.
ro
U
, t.8I
oo
ooN(.1
I
ooItt
oot
G'
oeo
q
o-_
li
I
O:'o-al;
I
I
li
It
li
I
i,
I
!
-I
I
qa r'\\t1 UA\W
a
1
I
I
I
I
I
=
Y--(p
94
nL
Y
<o,
5t,
1
.'l
%,
Pt
{.
::;
or1
(
:E
!E
.=
rl
I
I
I
I
i
l
i
{
du(J
,t
'l
(d
1o
-€J
3d
62
€
!i
9,1:m
BAru
d6N. llF ,tn.l sgrod: ov:tcs
G_]j::l =-;-,4o-:
-;r
-
_l "d
o3:EE--:-
:oooI t"",
-ry E /,rrrcX/nEHt*z
(
I
I
,,
:
i
I
I
I
Ir
Li'1,
I
I
I
I
I
I
It-
i
I
I
I
I
I
I
I
I
I
I
I
I
I
I
l
I
I
I
I
..'.':. ,.' -i; i.-_-..;.i.; ,. '
, .. :.!P i - . _:-.:.' - : ... .... ..-. ..L;-._,;.,,.i. ... -_t
v
\NNEIONKAI
HLL_L_- 1
..!
N
2t
4
o
PAUL J, WOI F
8X r50, P 74
STR
S 2
HILLMELODY
65 TH
t (.\
6
z.
fI
80
+\
,o M(
LOT D
IA0
\+
80Lor
n STJTER MASSEE
a( 9r, P 406 o
3l
€f/sr/P/
€occ^o+ Fvg''o
(lJ ,fJ
to
)'o --
tl!
t9
CTF NO, rra:5
)NKA SCHOOL DISTRICT NO.276
BK 75, P r8l
Iu,*
{zarc 6Ate,rr?
Alo"o'to I
b,=va?nr'#
aaB 2i ,6.
f,\
I
NEMOLI
ST
4 3
i
D\I)ON'ADf
Po
T
t
Itt
-,
t-
t^,
l
I
!;;
- _' -.i g gi._- -
I a9032 E
?o
l5l 8
J MAT TSON
8x 62, P 5ll
s rB',i
5a7
5 6.0: 1
I
E
,lA l,,l t i Mc IyIULLOU!,HEl( 5, r tr4
't916.
5 !6o?8,E rt0
JAf,tS OIXL€R8r rt r, p Jol
Fl! Ll]
EETP a -
3()
9
l ;,,.6 I
-{'?
3
I
L
$
I $
1Q
?JJi
2
3
etre
.,rJo
6
r50
,1
Eeg
E _-.i
160 67
a
I
TI
(rlo+ +" Scar-c,)
WESI
(_
D W N llor .1,
l( 55. P 5rt 9
8( 63, P to
4
I
I
30
4 u,^'
I
I
b
p(r
I
I
I
I
I
I
I
!
I
I
\l
I .t
1.e-s haping said streetsthey are reques ted..
because of snorv plowing operations if
(
5 n"
requiiEE wicirfurnished and
Developer.
Street Si qns
1n the platinstalled
RESERVED.
ENFORCEi{ENT PROVIS I ONS .
at
by
All street name and trafficthe time of City acceptancethe CiEy at the sole cost of
Monuments.
ck corners
ooument plaents has ber fulure pr
slgns
sha1l be
the
Developer s ha11and at al l- othercements shaII been completedoperty owners.
5.08 . Coven{Aqi and Restricticns. Ccvenants orresr'ricrions t6--EElraceci upon-EEE- r6E- in the sub ject prat sharrbe.prepared by rhe beveropeis .n;-";;ii be approved uy trre cityprror t.o recording with the County -n"a"ra.r.
The Covenants andRestrictions sharl be-approved ir'tnev-are consistent with therequirements of this agreement. ttre -zoning ord.inances and iegul,a_tions of the citv =r,a:.i govei"'lt-ii..ilistent with said covenanrs?:^d^-.::::i.li9l.- ro. rhe 6*e"nt ..t"^iir'irconsistenr; bur if notrnconsrstent therewithr. the s tanduiJ= -iton t. ined in said covenantsand restrictions sharr'u. .o"
" il"i"i-.i-r"qoi r emen ts in addirionto said City ordinances and ."g,rL.iionl. The City shall be heldi:#::::r:lsthe event anv aispiie;-;;;;; i.,,or,,ini .oiiiu;I" ".a
-]-^^l++ Serrino € !+ and Blockprace rron monuments at aJ_I lot-ano-bi-ounglg.poinrs on boundary ii";;. -;r-";';
verified after consrruciion oi - i*prJ"u*in order to preserve the IoL *r;k;;;';;
5. l0 Tra i I Svs tem.
K
ren (?0) foot ;l;"o:"ur.rer shall d.onate-_ro rhe Ciry a perperual
al0ne the-J.=.-iii."3i. i3!"iile".fr:u:::;i"lr::3':.;#:Fr-."" ..Trair consrrucrion sharr be ri*it.i't."Ih" ".". diru;ri; iui.r:.ngthe properrv lines of. rhe pr"l i"i-.""iv"a."i"t. I"-i"oi'rrEI"."save marure trees- the.obligation ro turnj.sh ."J-in"iJii"Irr.surfacins and ro mainrain rh; ;t;I";""frJrt o" solely thar of rhecity' rn no case shall rhe r.uii-u" Ioist.uct"a ro a widthexceeding six feet.
X
SECTION
SEC?ION
-q
7
7.01. Reimbursement of Cost.s. The Developer shall reim_burse rhe c i ty-i or-a iT-EoEE"Iiffino ^resar, pr,;;i;q -;;d".i^i;;;;;.;;;; -:;;:.:::':l::]:.E"Bi"if;l,l?1,
rn -connecEion wirh rrr, marrers rui"iili"to trr"-"aii"iIL..'lion
"noen!orcemenr of the ,riLhin ugr."*"nf -inj l" p"..o.*unIJ-if"i.oy uythe Developer. such rgirnglr;;.*";l -.[.ir be made within fourreen( 14 ) days of rhe dare of maif i.nt "f
-t[J-ci.tv ,s nocice of cosrs.
4t-n a*n^E x,1i-*4
-8-
((
6. a\L tB$@$tt93tt & FrD$
. -'' I 6480 Nlurray Hilt Rcad
..,,,,::' . . Excclsior, MN 55331
Curtis R. Ostrom .
Kathe Ann Ostrom '
|-r j;.ir -.,...:1,
(612\ 474-5541
Doceriber 7 r 1937
IO! oity of Chanhaesen 0ouncil
FRol,l: Curtts R. Cstron
SUBJ: Proposod access to $atcr
Ba c'<crou nd
touer off l:urray l.ii II Iid.
ff,1"Y:""t :l:__e::i:r"y because of the dense ucod: anc .-.:.1vac....
rr'nl3 r.s a ver;r uni,que parccl of 1e.nd with hui:e specicen r::enlctrecs and )0r pinc trccs li::ing ..he irlvcrrey'=i::io .r" DrorertT.
The-Ccuncil oeeting of Octccer tg, IgBI stated, rr i,heshslt doslgn .""u"i Lo the north, (the drll,.eyra}, t,o curln a ranne t.hai wi.Il -oreserve ss:uch oi :e oxi,stirr...tlcl as possible.,r
e.nplice::t
prcrcrt-..),
vc eli-
'ile fu:,ve nalntcioec con+-:.oI 3c Lreeg urld r-a5etaLio:1 tr..: re r.r)t, c-.1!dcun e:rceot 3or the :.esidenti.aI rririi..3"."irli^.0.,:.tai,r_ r,.t.wss c:rret\111. cesignec to cieete ctcsj,reile r._r:,f ai..-ril.".-;1,rericved as few trous ae rrogeiole Lc .rgint;in .'f.,"-ri."i"i-"1r.,"_ter ot'tlrie p r o-] ert)-.
coni:ol. oi thc :.ocd so r::tter.s .;ucn rscroole:1, out ze u.:re foreci i.,c give tatc iho c1tlr lr L clr ex.renso.
'.l i:: < ou 1d
i o:l ri e,iC
rie ;ac cuc s te d
ncL iic c otr L, I
i.lprovenen+.s
3 oni ni;
;- 1
7. 02
t;1
P
1'
U
I
,
04
crq!nancc r,47 scc:r.o:i 7r:;lc 1'r, n i Iy -.e.-iC:n..i3l clj.strict.c::itted usea - nc cuilrlili.r ..,r l;nd shgll. ie ucrd cxccr)tor lhrr folloulng u6ei elnglc r.euLly dwelil.n3s:ses by conriiticnal use nc1:nit. par::s and recreationui u"uo". non :rofit cchcols. ad,nlili s lra ti cn oi'fic,r,s, libra:1es1 puclic :t l,€ tl/ b,.rildirraear.d .lL, ces of asscobly.
I:!::ati.:.r"y - is a --,ubI:c or grivato rj.ght-ol,-rrav rvithin oracIJsg a bloci: to proyide uccesB lror ,:r:destrlans c]1d 1,hlch na:,,u:ed r'or utllLtles.ce
Deslgn - Construc on - Remodsl
. ,. Bosidentlal - Commercial
Ari-rcu hn€xrt*s
: \ir.
''i.ti.i.
(
!evel.onnent alireeaent 3ta+,cs; The davelcg,or i:fu:1i doaate to thocit;i e )erDr:tual tsn fco'" rlrie eag.:nent far a pedestrian trall
sys',,cn. TralI conctruc:!on shs.1I be Iiri.tsd to the ere6. dlrectlyabutting th!. pr.Der:y Ll:es of thc pla+. and only Ceviate as re-
qulred to slve tratule trecs. In no caae shalL the trail bo con-stnrcted
"o
a fi1dth cxceeding six feet. - .. :
Cc:::rents
',,r e hai'e bu ilt six iio:res !.n tho ;1jrJ0, C00 .l.1ce rsnge. Every peraon , I
in the ares. objecis to thLs :ror:oscd ecces6, even tho hones vo 'lr:-.-dld nct }rullri. llre oblect to ths DroDoBed acccsa tc the Hetor t;:tot,'erf.ror:ilurrayiiillFosdforthefo11orvi'ngrea8onsJ
1, lion-conjornlng us'..r for e. I1-1 zoning2. Prcsunt uccess !g tiiaough schcol Droperty, arnon lestdentlal
area.
). Ds:;.agc to exlstin;1 trees Bnc vesc^-a'-icn4. City s(rvice :rlrcks intrudi.nL on a griTate resirientral area
on .: da111, ')asis ?ihen itls not necessary
i . i.llri In'i r.olorlzed treff 1c vrith a pcdes+"rlan uay ls 8. saf.etylnazze:l- ncn-c o:rfor:ling to tire ordinsnce6, Iir. inlcni of ',he Cevelop:ncnt acreeuenl for the area linitsihc D:d.estri3n nuth Lo ai:r f'r:et.
'iirgr.:,.,-)u :'cL 1'orrr co::sl,dcretion in r-his mat'!er,
(
,1.
. "f:
.i.
+,?
,"r:tj. t -.--
,)c I'eio:cr,lrcside n!
fir N
tJ
I
I
PEIHIIIENT
ItM PORARY
EASEMENT
EAS E ME NT
HIOFANT ANO VALVE BY OTHEAS
PER[!ANENT EASEME.lI
gASEMEIIT)
12,RED ROCX AC CESS ROAD
BY OTsENS
i
t .-, too'r
_i
c ru{f
L !Iaa:i-k,"
aE sEtLac
SITE PLAN SCHOELLscAL€: r"=30'
NOFTIIEFLY EDGE OF
FOOII G
L
EOGE
,i i:'. ..t-,:
| - '/;' BtI
ORAIIIAGE
,It
I
t2" ot e By orxens
T8 t
REO ROCX
PROPOSEO COIJIOURS
I
tr^t Gr At tr tr o
I
I
I
I
I
I
I
I
(\
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
J
-0
q-
GILBERT H. KREIDBERG
6444 MIJRRAY H ILL ROAD
EXtr ELSIOR. MN 5533 I
161 2) 4.7 4-9 | 29
May 9, 1989
Mr. Gary I^larrenCity Engineer
Ci ty of Chanhassen
690 Coulter Drive
P. O. Box 147
Chanhassen. Minnesota
-h
?uL* '0tTY 'r c!!$iilifl$$E$
i?2AEnll'17lir
l 4liiit'rlt ll\iri(i uI
IY1AY 10 ilgg5s317
rlrftlrEit;ui: :iiBEL'1l,iiiLti'riltU r'r Ll t '
May
the
This letter is a follow-up to our conversation of4, 1989 regarding the Cities, property in front (east ) of the water tower off Murray Hill Road.
to
Nory that the issues concerning the trail system andthe need for al-ternative access to the water tower ( Lat<eLucy Road pipeline ) appear t,o be resolving themselves.it seems appropriate to revier,r my interest in acguiringthis propert.y. As you know. Lhe Cities, property directlyadjoins my lot. I am proposing purchasing the propertyfrom the City of Chanhassen at a mutually agreed upon pricewith some very favorable terms from the Cities, standpoint:
(1 ) At the time the purchase is consumated I wouldgift (deed )to the City the northern 10 feet( or what is needed, within reason ) of theproperty to allow continued public access from
Murray Hill Road Lo the MIS School as well as
emergency eastern access to the water tower.
(2) f also would accept thar
be built on the property.part of my yard.
no house could ever
It would simply be
needs
price
taxes
This transaction r^rould allow the City to meet the
of the public, add bo its Treasury by the purchase
and increase the tax roles as I am sure my property
would increase as a result of the purchase.
During recent years, the property has been neglected
and needs to be cleaned up. If I acguire the property
it saves the CiLy the clean up expense,
The
Pleasant
above proposal meets with the approval of theHil-l Homeolrners association.
If the City Eathers
I am sure we can come to
are in agreement in principle,a satisfactory meeting of the
Dear cary,
GILEERT H. KREIDBERE
6444 M URRAY HILL ROAD
EXCELS|O R, MN 55 33 t
1612t 4.74-9129
minds on the price.the Mayor and Cityoffer. ff you have
me to be present atgive me a cal1.
f look forward toproposal. Thank you.
I appreciate your assistance. andCouncils serious consideration of myany questions or if you would likea City Council meeting, etc., please
hearing the Cities response to my
Best Regards,
-t\
J.,rY\
CITY OF ,/.t-*
c,e
9--+
f--4 -
?h{/17
IIIEIUORANDU!I
TO: Roger Knutson, Ci ty
690 COULTER DRIVE O P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
EEIf,IIH&$$EI[
Attornev
vin""'g,g{[$vFROI,I:
DATE:
SUBJ:
Gary Warren, City
September 14, 1989
Iqurray Hi 1l WaterFile No. PWI5 9
En
Tower Site Land Transaction
After several discussions and a meeting with Mr. GiI Kreidberg,believe we have reached an agreement concerning the sale of theeasterly 210 feet of the City's water tower site located. on Lot31, Iuurray HilL addition. please prepare a purchase agreementfor the parcel described as follows:
The southerly 90 feet of Lot. 31, I"lurray HilIeast of a line described as follows:Addition, Iying
I
Starting at the southeast corner of Lot 31, IUurray HilIAddition, thence west along the south 1ot line of Lot 31,210.00 feet to the point of beginning, thence north on a 1inepara1lel to the easterfy boundary of said Lot 3I.
Purchaser: Gilbert and JiLlene Kreidberg
5444 llurray HiIl RoadExcelsior, trlN 5533I
The special terms of the purchase
1 Purchase price equal to $30,000 cash; $3I,980 ifwith contract for deed or other term arrangement.
The City agrees to construct a controlled access gatehibit unauthorized vehicular access but which can beby the City for routine servicing of the water tor"rer
agreement should be as follows:
purchaseo
t,o pro-
un I ock ed
si Le.
2
3
Sale of the property is with the understanding that the Cityintends to and wilI construct a l0-foot wide drivervay/trai1-access within the City's 20-foot utility easement whichcurrently abuts the northerly portion of this subject parcel.This will in all likelihood require the removal oi one of themaEure pine trees.
4
Roger Knutson
September I4, 1989
Page 2
Purchaser wiIl be allowed to removefence on City property located east
IUy desire is to have this comoletedplaced on the Council agentla ior the
Purchaser agrees to clean subject parcel of debrisbuild a fence complying with City ordinances alongwesterly and northerly boundary of this parcel .
and to
the
6
7
the existing split rai Iof the water tower.
the platting costin addition to the
The CiLy and Purchaser agree to splitrequired for this transaction which ispurchase price stated above.
Purchaser cert.if ies that he has reviewed this 1ot split \.lri ththe residents of the pleasant Hill subdivision and hasobtained their concurrence with said proposa.l- of the City toeliminate one tree and construct a controlled accessdriveway/trail for routine use by the City for maintainingthe llurray Hill water tower and appurtenances. Said traii isto be for the enjoyment of the pubtic.
Please add appropriate legalese t.o these conditions and purchaseagreenent and call me if you need any clarifications. I am par-ticuJ-arly concerned about Items #2 and #7 above as to hoh, wemight strengthen our positj.on for constructing ris driveway oncethe land transaction has been compl_eted as this is the sol-ejustifj,cation in my m;.nd for entertainj,ng this transaction.
as soon as
october 9
possible and
, 1989 meeting.
Attachment: Map
Don Ashworth, City llanagerFile No. PWI58B
q
I
fi+N
tt_r
PERMANENT
TEMP ORAflY
EASEMENT
EASEME NI
PI I MAIIE NI EASEMENT
EASEUENT
t2' RED ROCr( ACCESS ROAO
BY OIIlERS
HYORANI ANO VAIV€ 8Y OTHERS
lo roo
ro" c tP
-xt--
J
1.L ". L:LrutE
conie^:i,1.:,,
8E 5ftta9
SITE PLAN SCHOELLscALE: r ".50
!os. [ou",lr i'l
,l
NORIIIERLY EOG E
ORA]IIAG€ S
EOGE OF
FOOTI
ilI
I
r- Yi' Brruu
lz" o.tP By orHERs
EED ROCl(
DR IVETYAY
{''
t
I
I
I
I
I
I
Ijlt
,lllit:'l,,1
Irll
t
I
I
I
I
I
I
I
I)
IIIII
ri r: "'.-.t:-i
c lr I .l I I
D^vrD L. GR NNTS - 1874-1961
D^vrD L- Cn{NNrs. Jr. - l9l0-1980
V,\NCE B. GA^NNrs
V^NCE B. CR NNrs, JA..
PATPJCK A. F^Ri-EL!
DAvrD L. GR.ANNrs, III
RocER N. KNUTSoN
D^vrD L- H^n-MrYrn
Pr^crcE lN vrroNlN
Mr. Gary Warren
Chanhassen City Ha11
590 Coulter Drive, Box
Chanhassen, Minnesota
LAw OrflcEs
GnawNrs, GnaNrurs, Fan-n.err & KNUTsoN
PRoFrsstoNA! Asso<l^rtoN
Post OrflcE Box t7
40, NoRwEsr B^Nx BUTLDTNG
16l NoRrH CoNcoi.D ExcH^NcE
SourH ST. P^ur, MtNNEsor^ 5r07,
TELEPHoNT (612) 4t5-1661
September 19, 1989
TE!EcoPrrR:
t6t2t 1tt-2159
ELUoI-r B. KNETSaH
MrcH^EL J. M^yER
147
s5317
RE: Murray HilL water Toerer Site TransactionYour FiIe No. PWl 59
Dear Gary:
and
call
Enclosed please find draft purchase Agreement withJil-1ene Kreidberg concerning the above transaction.if you have questions or comments.
RNK: Srn
Enc losu re
Gilbert
Pl,ease
Very truly yours,
GR NIS, GRAN IS, FARRELL
&KNUT SON .A,
BY:
R er N. Knutson
If the property is going to be platted, I suggest theplatting process be compl-eted before closing.
RNK
DC
crryoficcdm$$ril
SEp t t) i9B9
ffi0iltttfltflff 0tPI.
PURCIIASE AGREEI'TENT
r 1989, betlreen
THE crrY oF CHANHASSEN, a Minnesota nunicipa] corporation (hereinafter
"city"), and GTLBERT KRETDBERG and JTLLENE KREfDBERG, husband and wife
(hereinafter zBuyerrr),
RECITALS
A. City is the o$rner of certain real property in the City of
chanhassen, Carver County, State of Minnesota, (hereinafter ,,subject
property,,), legally described as fo1lov/s:
The southerl-y 90 feet of Lot 31, MURRAY HILL ADDITION, lyingeast of a line described as f olLor,rrs: Starting at the south_east corner of T,ot 31, MURRAY HrLL ADDrrroN, fhence west ar-ongthe south lot line of Lot 31, 21O.OO feet to the point ofbeginning, thence north on a l-ine paralleL to the easterl-yboundary of said Lot 31.
Buyer desires to purchase the subject property, and City is
to the terms hereinafter setseLL the same to Buyer, subject
rN coNsrDERATroN oF THE FOREGOTNG, AND rN CoNSTDERATTON oF THE
MUTUAL COVENANTS HEREIN CONTAfNED, IT TS HEREBY AGREED AS FOLLoWS:
B
wiJ-ling to
forth .
Buyer by
property,
1. SaLe of Subject property. City agrees to sell and convey to
genera] s/arranty deed, and Buyer agrees to purchase the subject
subject to the following encurnbrances:
_ -a) Building, zoning, and subdivj.sion ordinances, and stateand federal regulations;
b) Reservations of rnineraLsof Minnesota;or nineral rights to the State
c) Publ-ic roads, highways, utiLities or rights_of_way;
d) ReaI estate taxes payable in the year of cLosing andsubsequent years, together with aII instal-lments of speciai-assessments payabl-e therewith and thereafter, r^/hether heretofore
09/19/89
AGREEMENT nade this day of
or hereafter levied or assessed, subject to the provj.sions ofparagraph 5 herein i
2. pafrment of purchase plice. Buyer shalI pay to city as
consideration for the purchase of the subject property the sum of rhirty
Thousand and 00/100 Dollars (93O,OOO.0O), payable as follor^rs:
a) Three Thousand and OOl1Oo Do1lars ($f,OOO.OO) earnestrnoney i_n cash, receipt of which is hereby acknosrledged by city;
- b) Twenty-seven Thousand and OOl10O DoLlars (g27,OOO.OO)in cash, which is the balance of the purchase price, payable onthe date of closing.
3. Titre anal Examination. city shaI], within a reasonabre tirne
after acceptance of this Agreement, furnish an Abstract of ritle or a
Registered Property Abstract, certified to date to i.nclude proper
searches covering bankruptcies, state and federal judgments and l"iens.
Buyer shal-1 be allowed t!,renty (20) business days after receipt for
examination of title and making any objections, which shaII be made in
writing or deemed waived. Tf any objection is so rnad.e, City sha11 be
aLLovred 120 days to make titre marketabre. pending correction of tit1e,
paynents hereunder required shal1 be postponed, but upon correction of
title and within ten (10) days after written noti.ce to Buyer, the parties
shal1 perforn this Agreement according to its terms. rf title is not
corrected within 120 days fron the date of written objection, this
Agreenent shall be nu]l and void, at option of Buyer, neither party shalf
be ]iable for danages hereunder to the other, and any nonies paid shaIl
be refunded to Buyer.
4. closing. The closing of this transaction sharl take place
on or before November 1, 19s9, at such location and at such time as may
be mutuaLly agreed upon by the parties.
-2-
5. Real Estate Taxes. Buyer agrees to pay aII real estate
taxes and speciar assessnents due and payabre in the year 1989 and
thereafter. ci.ty rnakes no representation concerning the amount of future
real estate taxes.
6. Contingencies. This Agreement is subject to the
fol l owing :
a) The city intends to construct a Lo-foot widedriveway/traiI access within the City,s 2O-foot. wide parcelwhich currently abuts the northerly lortion of the suliectproperty, vrhich wilr in alr likelihood require the rernovar ofone of the mature pine trees,
b) The City intends to construct a control,led access gateto prohibit unauthorized vehicular access, but which can beunlocked by the city for routine servicing of the v/ater tor.rersite.
c) Buyer- agrees to prornptly clean the subject property ofdebris and to buir.d a tence complying with city- ordii:a"L"-
"ngthe westerLy and northerly boundaiy oe tfre sub]ect property.
d) Buyer wiIl, be allovred to remove the existing split railfence on city property 1ocated east of the water tower.
e) The city and Buyer agree to split the subdivision costrequired for this transaction which is in addition to thepurchase price stated above.
f) Buyer certifies that they have reviewed this lot splitwith the residents of the pr-easanl Hir-l subdivisi.on and haveobtained their concurrence with the city,s proposal to eriminateone tree and construct the controrled access diivewayTtrai.r forroutine use by the city for rnaintaining the Murray Hill watertower and appurtenances. The trair- is to be for tLe enjoyment ofthe public.
7 - Default. rf Buyer defaults in any of the agreements herein,
city nay terminate this Agreernent, and on such termination ar.1 paynents
nade hereunder shall be retained by Buyer as liquidated damages, time
being of the essence hereof. This provision shalr not deprive either
party of the right of enforcing the specific performance of this
Agreenent, provided this Agreement i-s not terrninated and action to
-3-
enforce specific performance is cornnenced uithin six (6) nonths after
such right of action arises. In the event Buyer defaults in his
perfornance of the terms of this Agreenent, and noti-ce of cancellation is
served upon Buyer pursuant to M.s.A. 559.21 , the ternination period sharl
be thirty (30) days as permj-tted by Subdivision 4 of M.S.A. 55g.2r.
8. Notices. Any and a1l notices reguired by this Agreement
sha1l be rnade in wri.ting and delivered personally or by prepaid,
certified rnail to the parties as foll"ows:
As to Sellers: City of Chanhassen
690 CouLter Drive, Box L47
Chanhassen, Minnesota 553L7Attention: Don Ashworth
As to Buyer: Gilbert and Jillene xreidberg
6444 Murray HilI RoadExcelsior, Minnesota 553 31
9. Misceltaneous. This Agreernent shall be binding upon and
i-nure to the benefit of the parties hereto and their respective personal
representatives , heirs, successors, and assigns, and the provisions of
this Agreenent shaI1 survive the closing.
rN wrrNEss WHEREoF, the parties hereto have set their hands the
day and year first above written.
BY:
Donald J. Chmiel",Mayor
AND
Don Ashworth, city
GILBERT KREIDBERG
JILLENE KREIDBERG
-4-
CITY OF CHANHASSEN
Manager
Ja-
690 COULTER DBIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937- 1 9oo .., r,minisr'to,
,_ta___,€
CITY OF
EIIANHISSTN
rqanager
frp$pEngineer $Lr"
ME}IORANDUU
TO:
FROIII:
DATE :
SUBJ:
Don Ashworth, City
Gary Warren, City
September 20, 1989
-?/r. {)
Assessment Hearing and Adopt.ion of Assessment RoIl
Kerber Boulevard ImprovementsProject No. 87-9
This is the formal assessment hearing for the Kerber Boulevard
improvement project which is described in the attached September7, I9g9 staff report. The attached August 24, 1987 overview
memorandum may be helpful to the City Council concerning speciat
assessment proceedings. Certification of the assessment ro11 tothe County needs to be done by October I0, 1989.
One revision has been made to the preliminary assessment ro11which was reviewed by the Council on Septernber 11. Parcel No.
25-7750030, owned by I'tithin Enterprises, Inc., the corner pro-perty located just south of City HaII , had been inadvertentlyleft off of the preliminary assessment ro11. This has beencorrected and added to the attached roll and the owner notifiedof this hearing.
Excluding special assessment reductions, approximately 55t($242,279) of the projec! costs will be covered by a combinationof tax increment and general obligation funds. This is approxi-mately $2,700 less t.han originally anticipated in the feasibilit.ystudy and subsequent Council policy formulated for this project.
Notice of the assessment hearing was properly published in the
September 14, 1989 edition of Lhe Chanhassen Viltager and indivi-dual notices were mailed to the corresponding property owners ofrecord as shown in the attachments.
As of the writing of this staff report, no written
have been filed h,ith this office. Discussions havewith various parties concerning the assessmenL rolItory answers appear to have been given since therefurther questions or objections posed.
ob jections
been held
and sat i sfac -have been no
?-7;47;
. -]:, ,^i i,sf:
I brl;rt.l :o i/,r1r i!
Don Ashworth
September 20, 1989
Page 2
BiIl Engelhardt, who assisted with the preparation of this roII,will be present to address questions which may arise during theassessment hearing. Upon closing of the assessment hearing, ifthere are no unresolved issues, it is appropriate for the Councilto adopt the Kerber Boulevard assessment rolI as modified datedSeptember 11, 1989. It is also recommended that the payback termof eight years be established with interest at the rale of ninepercent of the unpaid balance.
I
2
3
4
5
6
August 24, 1987 Special Assessment proceedings Overview memo.September 7, 1989 staff report w/attachments.City Cost Obligation Surunary.
Fina1 Assessment Ro11 dated September 1l_, 1999.Public Hearing Notice to newspaper.Affidavit of llai l ing .
Bi 11 Engelhardt
Attachments
(')
respond t.o aII citizful thinkinq. There
cannot. be researchedthe projects goes aiespecial meeting da E.eearlier time to f inaawry, a tyoical 7:30
hope such will not. b
Certification of A ssessment Roll:
C ITY{/-7
690 COULTER DRIVE . P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: August 24, L9B7
SUBJ: Overview Memorandum - Special Assessment proceedings
General coflunents gerrnane to alI of the special- assessment pro_jects proposed to be assessed Monday ev"i.ring incl_ude:
Special Me etinq Date
ffiEfl*[ffrfiflffi$FEI[
: We are hopeful that staff will be able roen guestions this evening. That may be wish-always seems to be some question(s) whichthe night of the hearing. If only one ofry, the Council should consider selting a
( September I recommended) at perhaps inIize the one rol1. If a number of projeccs gop.m. meeting time may be in orJer. egain, ie t. he case .
passes a resolution adopting eachrolls, property owners affected arstat.ute, to maKe payment rvithout pmeeLing date be necessary, propertOctober lst to make paymenti tseptevening). The City Treasurer wollto properly reflect those partiesremaining parcel"s would be certifioffice. Certification of assessmeprior to October Ioth of each year
AssUming that the City Councilof the separate assessinente given 30 days, under stateenalty. ShouId the September 1y owners would have until
ember 24t.h if adopted Mondayd then modify al-I of the rol1smaking payment and theed to the County Auditor'snt rolIs must be completed
The Council will assuredlyasking t.hat the rationalechanged. i.e. change from atributing vehiclesr erc. Iot. fall into this potential
some, it would in all,time was spent at time ofating the proper method ofty owners f inalIy agreeing
Modification of Ass essment Rationale:recerve cornfients fused in making thefront foot basis twould strongly urg
rom property owners
assessment roll beo acreage basis, cone thaL t.he Council n
iI3p:. Although t.he change may benefitlikeli.hood hurt others. -Considerable
holding the inirial public hearing debassessment. For the most part, proper
I
OF
t(
Mayor and City Counci 1August 2l . J-9B7
Page 2
to the project at thatassessment. Again, anytrom ochers -
time reconciled themself to the basis ofchange would assuredly brin j'-.rr"ii."gJ"
H-:S+:!lrIrI!: Simrt-ar ro assessmenr merhodology, rheEerms or the assessment.s were ai"cusseJ during the public hearingstase. Staff relied on those J;;i;;;;; 1n preparine rhe finan_cial projecrions for rhe bond t;;;;;-;; 1986 and t 9[7 (mosr ofthe projects beino assessed cni.= err"niig were funded through thebonds sord in r9g6l. .To chang.-t[.-.="."smenE terms aE thispoint wourd disruot :e pro: ei t.i"Iu!i'i rows for each of rhesebond sa1es, i.e. Lr" oon&;;i;;-;r;i;iol..a rhar 1,/8, r/ro, erc.of the proiecr cosrs.wour. ;;-;.;;i;;tl".h y.". for the nexr 8,10, etc. years. aona- payment"-rr.i""llt coinciding wirh thecollection amounrs. -aqain, .-di;;;p;i;n of r.har. schedule wouldoccur if the terms were changea "i-iniJ''ti*..Peferments: The Council wiI1, in all likelihood., receivereguesrs to have a parricula. ..""""*"nr def;;;;; i.i-i,"Sr €rc.years. ?he CounciI. has agreed to tnu"" type of deferments in thepasr and, if absolurely n6ces s saiv, "IJIfa be considered ar thecurrent time. The Cir.y,s auairori'"IiJnqfV discourage rhis prac_ll!::^ rwo r.hinss-og"uf. - rhe Ciry ijiin ao." not receive rhemonres anricipared in. .!g u"na sai.-in=i' tr,"rero." ni"-co-",lppt"_ment thar. deficir cash flow ri",r-"inl.*t""J";-."i,..II.JXaii, .nuCicv' s f inanciar- reDorrs a.e mua.-*."^".-i"-irr;;-i.';;;i;'loo.r.as thouqh rhe cirv -has a hishei ir,..-rJ.*;i ;;;;"il.;;;-;.:!.Again, staff would recommend .g"i.,sl JJi"r..ne; but doesrecognize the problems some. prop..ty ornu.. face when conrronEed.rvit.h a relatively high speciif 1"""1.i..t.
l5a-
CITY OF
UHftNII&5SEN
690 CoULTER DHIVE . p.o. BoX 147 . CHANHASSEN,.t{}NryFSgIAaf6S"l#
(612) 937- 1900 "**"--4-P{
I!rt1r*:IUEIqORANDUITI
TO:
FROTI:
DATE :
SUBJ :
Nr ltcrrd---u,r, i2.:-li--
:>to lirjD!"rned id r',,--r...r 'Don Ashworth, Ci ty
Gary Warren, City
r{anager .\df)-
Engineer t:w \
Itta Stjlrririir! i! LdI{J
September 7, 1989
Accept Preliroinary Assessment RoII for Kerber BoulevardImprovement Project No. 87-9
The Kerber Boulevard improvement project dealt with the wideningof Kerber Boulevard and cons tructing - concrete curb and gutter toestablish a fuII urban section consistent with the nort6erly por_tion of the roadway, Storm sewer, sidewalk,/trai 1s and streitlighting were also included in the project, a portion of whichwas paid for by tax increment funds. wnire tne formal assessmenthearing is scheduled for September 25, 1989, it has been helpfulin the past to provide the Council witfr a copy of t.he prelirninaryassessment rolf to arl0w them to become familiar with the ro11prior to the public hearing and ask any questions and discuss thero11 prior to thar. time.
'Ihe attached assessment rol-1 for the Kerber Boulevard improvementp.9jgg! has been prepared based on the assessment philosbphiesestablished during the feasibility study phase. I-n partilular, afront foot assessment rate \,ras establisled, that being S2a.Oa p",front foot for the abutting properties along Lhe area of theimprovement. The West Viliage it"ights lst and 2nd Additioncalculations are baseci strictly on this front foot carculationand are straightforward.
The Chanhassen Vista 2nd, 3rd and 4th Addition assessmentsreflect.only those properties which remain in the ownership ofEnterprise Properties at this time. per development contrictrequirements, Enterprise properties ( Saul and David Segal ) havebeen payrng off the $293.90 assessment per lot with eachownersirip transaction. As a resul-L, the assessment per 1ot hasbeen calcul-ated by spreading the front foot assessment into thetotal lots in the subdivision and only those lots which remain intheir olrnership are left to be paid. Enterprise properties haswaived their rights to contest the assessments and hive beenpaying these assessments all al-ong and therefore I would notanticipate any problems with the roll, in this regard.
Q-rr -81
--_1-
Don Ashworth
September 7, L989
Page 2
Attachments
The last property on the assessment roll relates to thesaddlebrook Deveropment owned by Builders Development and Finance(Mr. Rick Murray). similar to the chanhassen vi-sta development,the saddlebrook development contract arso provided for suiidersDevelopment and Finance to pay a 567,000 alsessment for thisroadway improvement to which he has pledged a SI00,000 letter ofcredit which the city has on fire. with-the sale of rots in t.hissubdivision, assessments have not been paid since the letter ofcredit has been pledged as security to guarantee the payment.For simplicity, and since the retter of credit requirls- that theassessments be levied, the entire $67,000 assessm6nt was placedagainst Outlot B, which remains in the ownership of auildEisDevelopment. Again, in the development contraci, BuildersDevelopment has waived their rights to contest the assessment aslong as it does not exceed $7O,0O0.anal
Technically, no action is required by the Council on this agendaitem since formal adoption of the roil would come after the'public hearing on September 25.
I
2
3
4
5
5
Project Cost Summary.Preliminary Assessment RoI1.Development Contract Excerpt for Chanhassen Vista.Development Contract Excerpt for Saddlebrook.Builders DevelopmenL Lettei of Credit.West. Village Townhouses Development Contract Excerpt..
Bi 11 Engelhardt
PROJECT COST
KERBER BOULEVARD IMPROVEVIENTS
CITY OF CHANHASSEN, MINNESOTA
Project Costs:
Construction cos t
Eng i nee r ing, s tak i ng, and
I nspect ion
Soi I Tests
Printing
Bond i ng
Capital lnterest
Administration Charge
Assessments
As -bu i I t s
TOTAL PROJECT COST
S l30, 957 .32
40 ,169 ,47
2,142.15
4)7 ,47
7 ,020.08
44,385.00
17 ,728.03
,00.00
I ,500.00
S 414,8qc.12
PID NUNBER PROPERTY OI.INER
(lttrST VILLAGE IIEIGIITS zND ADDITION
" Trggrl-t/tt -tu/
!'
KERBER BOULEVARD IMPROVEMENTS
CITY OF CHANHASSEN, MINNESOTA
ASSESSMENT ROLL
FRONT
FOOTAGE
68t.10
COSI PER
FRONT FOOTAGE
)
25-8790040 Richard Brose/James Company (Lot 4, Blk 1)
8575 Scandia Road
I,laconia, MN, 55387
(WEST VILLAGE TmIG{TS 1ST ADDITIoN )
s 24.04
24.O4
$ 293.80
293.8O
293.80
$ 16,469.80
7,992.58
7 ,285.O8
TOTAL ASSESSMENI
$ 293.80
293. B0
25-8780010
25-8780020
l^le s E
9979
Eden
West
9979
Eden
Village Townhouse Partners (Lot 1, Blk 1)
Valleyview Road
Prairie, MN. 55344
Village Townhouse ParEners (Lot 2, Blk 1)
Valley'view Road
Prairie, MN. 55344
(CHAN VISTA 2ND ADDITION)
25-t990r70
25-1990220
25-20tO240
Enterprise Propert.ies (LoE 3, B1k 3)
Suite 200
6700 Excelsior Bou-levard
Minneapolis, MN. 55426
Enterprise Properties (LoE 2, Blk 4)Suite 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
293. B0 293.80
( CTLAN V]STA 3RD ADDITION)
25-20tO250
332.47
TOTAL ASSESSTlENl
303.04 24.04
ASSESSME{I PER IOT
293. 80
I
EnEerprise Properties (Lot 3, BIk 3)
Suite 200
6700 Excelsior Boulevard
Ilinneapolis, MN. 55426
Enterprise Properties (Lot 4, BIk 3)
SuiEe 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
,ltrrtttrrrrrrrr ll
I
PAGE 2
1
KERBER BOULEVARD IMPROVEMENTS
CITY OF CIIANHASSEN, }IINNESOTA
ASSESSMENT ROLL
PID NUMBER
25-2010260
25-20t0290
25-20LO340
CH,AN VISTA 4trI ADDITION
25-2040020
25-2040030
25-2040050
25-2040090
PR0Pr3IY,_pwXEB
Enterprise Properties (Lot 5, Blk 3)
Suite 200
6700 Excelsior Boulevard
llinneapolis, MN. 55426
Enterprise Properties (Lt 8, B1k 3)
Suite 200
6700 Excelsior Boulevard
ltinneapolis, MN. 55426
Enterprise Properties (Lot 5, B1k 4)
Suite 200
6700 Excelsior Boulevard
Ilinneapolis, MN. 55426
ASSESSMENT PER LOT
$ 293.80
293. 80
293.80
293.80
293. 80
293.80
293.8O
TOTAL ASSESSMENT
$ 293.80
293.80
293.8O
293.80
293.80
293. 80
293.80
25-2040tto
293.80 293.80
lrlllll I I
Enterprise Properties (tot 2, B1k 1)
Suite 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
Enterprise Properties (Lt. 3, Blk 1 )Suite 200
6700 Excelsior Boulevard
ltinneapolis, MN. 55426
Enterprise Properlies (Lot 5, Blk 1)
Suite 200
6700 Excelsior Boulevard
ltinneapolis, MN. 55426
Howard Roberson (tot 9, BIk 1)
691 Conestoga Trail
Chanhassen, MN. 55317
Enterprise Properties (t,ot 2, Blk 2)
Suite 200
6700 Excelsior Boulevard
ltinneapolis, MN. 55426
PID NUMBER
( SADD LEBROO KE)
25-755L420
PROPERTY OI.INER
KERBER BOULEVARD IMPROVEMENTS
CITY OF CHANHASSEN, MINNESOTA
ASSESSMENT ROLL
PAGI 3
TOTAL ASSESSMENT
$ 67,000.00
Builders Development, Inc (Outlot B)Suite 210
105 5 East Wayzata Boulevard
Wayzata, MN. 55391
ltltt ttttttt tt tt rtt
form of an agreemenr me.ting a;" ;;;;i.;;;;;; ;;Section 6.02 of. the AugusE 20, IgA6, oevelopmentContract.
I 03.Kerber Boul evard Street and Drainaqe Im provemen ts :,fhe Ci. t.y is
completing
currently reviewi ngan upgrade of Kerber
the f easi bility or
Section 2
and drainage j.mprovements in thesurrounding abutting area.
Condi tions.
Boulevard wi th s treet
Chanhassen Vista and
The Developer, his successors, and assigns will comply!.rith aII conditions of approval for the second.Addition as summarized in-the March 24, LgB7,correspondence j.ncluded herein as Exhibit A andincorporated in Ehis agreement by reference.
The agreement for alternative security for subdivisionimprovements rvill be in the u*ooni SZ'ez,ooo.00 forChanhassen Vista Second Addition.
A special assessment of S50,94I shall be leviedagainst. Ehe Second, Third and Fourth Additions of
Chanhasseo Vista plat for Kerber BIvd. improve_ments. .An eight (g) year assessment period is pro_posed wirh rhe inreresr rare to ue sei-li-ifi-.I.I .n"Cityrs cost of borrowing placed ;; r;; unpaid balance-The assessments shal-L Ue ae"."a iJ"p'tJU on the d.atethis Agreemenr Addendum is sitneJ-U|-iiu citv. Beforethe City issues a certificat.-oi-".l"iancy for astructure built on "_19!, tfre asseiimEnts against cheIots must be paid in ful1.. tfre oe"eioier waives anyand a1l procedural and s ubs t anti ve -oU]ection s to the
:l::i1i assessmenrs, including, uur-rJt limieed Eo,nearrng requrrements and any claim that theassessments exceed the benefit to the property. TheDeveloper waives any appeal right otheiwiie avaitaUiepursuant to M.s.A. section 429:08I.
A11 approvals and conditions herein shall be subjectto the terms and conditions of the oriqinalDevelopment Contract ,lated Augus L 20, igg6, as well asthe within agreement and on ttre furtnei condition thatthe Developer and the City enter into ifri= ugr..*.nt.l-
I q-r,
IN WITNESS WHEREOF, the parties hereto have causedpresence to be executed on the day and year first above
these
wr i tten .
) l'/)
0
\(
rJ\
lD
tlAr:
/t
ENTERPRISE PROPERTIES, INC.
By:
Partner
STATE OF I,lINNESO'IA
COUNTY OF CARVER
)
)
)
By:
w
Partner
2.01.
2.02-
2.03.
2.04.
tl,t'|"'U Ltr{,,L 2rRD
A11 approvals and conditions herein shall be subjectLo the terms and cortdi Lions cf the origrnalDevel"opment Concract. daEed August 20, 198G, as ,,veII asthe within aEreement. and on the further condition thatthe Developer and t.he CiEy enter into E.his agreernenL.
,'|
the Developer agrees thaE. a special assessment esti_mated to be $26,736 shall be levied against theSecond, 'Ihird, and Eourth Additions oi ChanhassenVista plat. for Kerber BIvd. improvements. based onthe front foocage assessment policy approveC by thecity council for abutting property.
An eight (8) year assessment period is proposed withthe interest rate to be set aL flt over- the City'scost of borrowing placed on the unpaid balance. Theassessments shall be deemed adopted on the date thisAgreement Addendum is signed oy the City. Before EheCity issues a certificate of occupancy tor a structurebuilt on a lot, the assessments againlt the Iot mustbe paid in ful1. The Devetoper wiives any and allprocedural and substantive objections to Lhe specialassessments, including, but not Iimited to, helringrequirements and any claim that the assessments exieedthe benefit to t.he proDer:y. The Developer waives anyappeal right otherwise available pursuant to M.S.A.Section 429 .08L.
The Developer agrees to pay the special assessmentsproposeC for Locs l and 4, Block I and Lot 14, Block4, Chanhassen vista FirsL Addition for the Kerber Blvd.improvenencs ment.ioned in Section 2.03, above, andestimated to be S10,500. This amofiE-sha1l be paid tothe City at the t.ime of execution of this Agreerlent.
a1
2.04
2.05
IN WITNESS
presence to be
WHEREOF, the parties hereto have caused Lheseexecut3d on the day and year first above yrriEten.
ENTERPRISE PROPERTIES, INC
By:
Partner
STA,IE Of'
COUNTY OF
On this
14I NNES OTA )
il,!rat\- p,,1 ) ss
GTTEER )
r. rlt day of --J_. I
Partner
Ls61 ,be
persona I ly
f ore rne, a
appea red
notary public u/it.hin and for said unty,
-2-
(il rtr., Ur -A q k{,\
/\1bt
fN WITNESS WHEREOF, the parties heretopresence to be executed on tir. J"v-uni-i"".
the Developer aqrees ih:! I special assessment esEi_-ar.ed ro be s2G,z:e_srratt u" i""i"i liarnsc tnesecond, Third, and FourEh aiai.i."I II""nonnu""unvista plar for Kerber er"a. i.fiJ"I*Ir.=. based onthe front footaqe assessmenE pofi.y aporoved by theciry counciL foi abutti";-;;.G;;il -ro
An eight (8) year assessment perj.od is proposed rriththe inreresr rar.e to ue_sec-ai'ii;"";:, rhe ciry,s:::!_?I borrowins praced.;; r;.-;;pfii.o"r"n.u. rheassessments shalt be deemed "J;pi;E-;; the dare rhisAgreernenr Addendurn is signed UV" r. iitv. Betore ther,3iil.':;':"r3.i'ln'itM:: -
; "1"'oI'Ii'io. . -=t.,I"iui.
ue paiJ'ii ilii.'"in3";:;:ffi;!i ;:ii::..:|""i:..Ii'.procedural and substantive o[jecli"""-tl rhe specialassessments, including, uut n6r-ii;irJ. ro, hearingrequiremenrs and anv "iai* tiiii i;;^;;;"=".enrs exceed.the benefir to the iupp.ui iigi.';.;;;,i::oil.'Ii.ol!"o3::;l;:T",i:I:;. ;;t
Section 42 9. OB1.
AI1 approvals and conditions herein shalL be subjectto the rerms and conditions "r-ii"""iiii""rDeveropmenE conrracr a.."J-aii"=I=ri', ^i6u, r AddendumsA and B inclusive, as.wel1. ";'a;; ,iir,i" agreement andon the furrher condirion trrir tiiJ ;;;;i;p., and rheCity enter into t.his agreement.
Ct-l
2 -04
have caused thes efirst above wricten.
ENTERPRISE PROPERTIES , INC.
..?
,By:
ParEner
By:
S TATE
CO U NTY
OF MINNESOTA
OF CARVER
Partner
)
)
)
e me, a
ea red
,s
d who
''-:,..,,,.!/L
, 'r ':. : rcs :.it .'
-2-
Notary PubIic
they exe-
-.-
guarantees posted wj-th the City, and if the claims are not resolved
at least sixty (60) days before the securj.ty required by paragraph
12 of this Contract will expire, the Developer hereby authorizes
the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civj"I Pnocedure for the. District Courts, to
draw upon the Letters of credit in an amount up to 12S% of the 4
claim(s) and cieposit the funds in compliance wi.th the Rule, ano
upon such deposit, the Developen shaIl release, discharge, an.i
dismiss the City from any further proceedings as it pertalns t-o
the letters of credit deposited with the Di,strict Court, except
that Ehe Court shaLl retaj-n jurisdiction to determine attornevs
fees pursuant to paragraph 19 of this contract.
14. Public Improvement Project B7-9. The Clty has approved
public improvement project 87-9. The Developer shall pay the CiEy
its pro rata share of the cost of the project on a front fooE basis.
A payment of $67,00o.oO shall be made before the City signs the
final plat. The final amount shal-l be cietermineo at the spec j.al
assessment hearj-ng ano a cash adjustment made at EhaE bime. ihe
Deve)-oper waives any ano aI1 proceoura.L and substanEive obJec:tL.ns
to the public improvement prolecE ano payment, includi.ng buE noc
Iimj-ted t,o hearing requj-rements and any claim that the pavmenE
Jr":"ot
the benefit to the property. The Deveroper wa j.ves appeal
'i/ rLgnEs, rr any, otherwise avaj.lable pursuant to M.S,A. S 429.081.
rf the finar payment required of Ehe Developer exceecis $zo,ooo.oo,
however, the Developen reserves the rlght Eo object to any paymenE
in excess of that amount.
15. La.nd purchase. The City and the Developer, or its
asslgns, wiIl enter into a mutual ly acceptable purchase agreement
whereby the City agrees to purchase the property on the east side
of Kerber Boulevard (,'Kenber East,,) outllned i.n red on Exhiblt
"8". The purchase price is $7O,OoO.oo. The City shalI assume pending
assessments on Kerber East- other rear estate taxes sharl be prorateo
ha-^, ^- !t- ^ r_!
0e -,
{r#'
-1,
P)t
OP
s.C
{,t€
orr
t"
;,
r-)
*
Builders Deve-lopment and Einance, Inc. t,as provided the Cltychanhassen wirh'.Ietter "t "i.Ji.'liai;;-;;'.:;:;'rebruary 2e,as security for payrnenE of the pending sfecial assessments
of
1988 ,
Builders Development & Finance, Inc.
1055 East Wayzata Blvcl., p.O. Box 637, Wayzata, l,1N 55391 (6 l2) 473-8s I I
IRREVOCABLE LETTER OF CREDIT NO.4175-A DATED: EEBRUARY )o I oao
City of Chanhassen
590 Coulter Street
Chanhassen, MN 55 3I7
A11
We hereby establish our Irrevocable Letter of Credlt in :/our favor for theaccount of Builders Developuent, .Inc. ior Assessments whlch are pendlngfor the Kerber Boulevard Srreet I'nprovenent projec! (City froiect.aZ_Si.This Lerrer of Credit sha1l be for @ne Hundred ihousand ina O6/fOO($ 100,00.00) United SEares Do1lars.
Drafts drarrn under Ehis Letter of'Credit must be accompanied by:
A. This Letter of CrediE and;
B. A certified copy of the City of Chanhassenrs ResoluEj.onadoptlng the assessmenf rolls for the Kerber BoulevardStreet Improvement project (CiEy project g7-9); and
C. A copy of a certifled letter addressed ro Buj.IdersDevelopnenE, Inc. maj.led at leasr 30 days prior to thedate Ehis Letrer of CrediE is dralrn indicacing rhar theassessment rolls ware complece and the pending AssessmenEsdescribed in B above could be paid.
drafts drawn under this LetEer of Credlt musE:
l. Be sj.gned by the addressee hereofl
2 Be
and
Bear on the
No.4l75-A,
in an amount vhich shaLl not exceed
00/ t00 (9I00,000.00) unired srates
One Hundred Thousand
Dollars,
3
4
face the clause "Drawn under Letter
dated February 29, 1988.
of Credir
This Letter of Credit is subject Eo and shall beof Ehe Scate of Minnesota and the United SEates.
Collection Departmenc, 105 5
MN 55191, no lacer thanafter which tine this Lecter
governed by the laws
Be presented for payment at our
Eas c Wayzata Boulevard, llayzata,2:00 p,m. on December 3I, 19g9,of Credir will be null and void.
We hereby agree thaE
terms of Ehis Letter
draf ts drawn trnder andof Credit will be duly
in c omp I ianc e
honored upon
We shall
the Ci ry
not be cal1ed upon to resolve issues of fac!of Chanhassen and Builders DevelopmenE, Inc.
BUILDERS FINANCE, INC.
By Ur/.L T
or
with Ehe
PresentaEion,
Iaw be Eween
Kerber Boulevard,/C.R. i7 Trunk Watermaj.n ImDrovemenEProject #86-I4 = $ 41,600.00.
Pendinq As ses smen ts .3.02
p rope r ty
I.
for the following proJects
Trunk SaniLary Sewer= s38,400.00.
Pending assessments exist. on theas approveC by the City Council:
( Improvement project #BG-13)
2
It is
be split
"A" , wit.hof Lot I
Drainage Upgrade
= $15,267 .05.
iY)
uu,;J5*
Lateral Sanitary Sewer= $77,067.5s.
( Improvement project. #87-1)
3. Lateral Watermain ( Improvement Project #87-I )
4
D
agreed iha t eequally be t\,reeen LLot I assessments
nts 1, 2, andots I and 2, Block 1, ascollectable at the t.ime
3, above shall
shown on Exhibitof constructlonunits.
...--Th9 Developer acknowledges these pending assessments and a
. .h1L the City shal_I assess ihe cost oi th" public i^pio""^"nt"- relerred Lo rn paragraphs 2.0L and 3.02 above, together -with at.3!lr9,.planning, engineering, legal and bonding-"o"i" agarnssubdivision. The assessments including the acEu;l- amount, Eerrnterest rat.e, shalr be detelrnined at the assessment hearrngiollowing completion of Lhe projects.
dmin ist t he
m and
The Developer waives any and aJ-I procedural and sLlbstanE.iveobjections to the instalrarion of the pubric improvements" ino .},"assessments, including any claim thae Lhe assessments exceed chebenefit to Lhe property. The Developer waives any appeal-.rightsotherwise available pursuant Lo M.S.A. S429.0gI. - .;-
S EC?I O N--4:--=-SPECIAL COND IT IONS,-----
Bui ldinq EIevati.ons.BuiICing pads and basement
eleva t ioo established for rhe(2) feet above the regionale subject property in accordancee Cit.y ordinances.
4 .01
f Ioors s
subjecLflood e1
rv i th the
4.03.builoli! permrDeveloper, itsparr Iand andOrdinance and
ha1 l be conscrucLed at anproperty noc less than LwoevaLion esrablished for threquiremenLs of applicabl
..-.,+q?. . Easemer_rts Dedicated On plat. In addiLi.on t.o publ_icut].lrty and st.reeE righc-or-way easement.s, perpeeual easemencs forsurface wacer drainage, including ponding and iedimentation basinsand access thereto, shall be aeaicaued oi the final plat to Eheertg!E permitted by staEe law. Alr such easemenLs not so dedicatedshall be granted to ehe !iCy-1n form approved by the City and accepLable ior recording i.n rhe Office of cirl Counry Recorder.
ParKland
LS tOr re
successo
Erai I tee
relevant
and TraiI Fees. prior to the issuance orsrdenEj-aI consLrucEron wi Eh in che pIJE,rs or assigns, shalI pay to t.he City thes.then in force pursuanE to Chanhassen Cic.yCrty Council Resolurions thereafter.
-4-
2.
Kerber Boulevard Roadway and( Improvement project *g?-9)
-.-_--
PROJECT COSTS PAID BY CITY
WI TH T. t.F &GENERAL OBL IGAT ION BONDS
KERBER BOULEVARD IMPROVEMENTS
CITY OF CHANHASSEN, MINNESOTA
cril 0t clltilllts$l{
i".]llrBEll\l{EB
sEP c01989
$lGlllttRlll8 BEPT.
S q44,480.12TOTAL PROJECT COST
STORM SEWER:
Construction Cost+ 26% Overhead ( Indi rect) Cost
50-50 Split
WALKWAY CONSTRUCT ION:
S zl,li4.lo
89 ,654 . 17
$ ++,:\zt .08
Construction Cost,Construction Cos t,Construction Cost,Construction Cost,
( 3,000 Tn. )
concrete sidewalk
2rrBituminous
Seed i ng (Portion)
Cl. 5 Base
5 28, ioo. oo
l4 ,425.00
9 ,517 .00
l7 872.2t
70,314.21
+ 26% lndirect Cost
LIGHTING:
Construction Cost+ 26% lndi rect Cost 5 43,797 .oo55, t84.22
S 88, i9i.9o
5 ss, t8+,zz
53 ,67 1.76
242,278.96
TOTAL. s tsa ,607.20
S4a4,840. t2
COST PER FOOT
$ l8E , Goz.2o
izt+,0+ x 8426
232 .80. & G.O.
= 5 256 ,2j2.80
= 5 zoz ,56t .04
5202,561 .04 = S=s
5256,T.I.F
FINAL
PI D NUI'IBER
(l\rEST VILLAGE IIEIGilS 2N'D ADDITI0N
KERBER BOULEVARD IMPROVEMENTS
CITY OF CHANHASSEN, I'IINNESOTA
ASSESS}IENT ROLL
FRONT
TOOTAGE
685. 10
332.47
303.04
COST PER
FRONT FOOTAGE
)
25-8790040 Richard Brose/James Company (Lot 4, B1k 1)
8575 Scandia Road
Waconia, MN, 55387
(IIEST VILLAGE HEIGITS lST ADDITION )
$ 24.04
24.04
24.04
ASSESSMENT PER LOT
s 293.80
293.8O
293.80
$ 16,469.80
7 ,992.58
7 ,285 .08
TOTAL ASSESS}IMI
25-8780010
25-8780020
West
9979
Eden
West
9979
Eden
Village Townhouse Partners (LoE 1, B1k 1)
Valleyview Road
Prairie, MN. 55344
Village Townhouse Partners (Lot 2, B1k 1)
Valleyview Road
Prairie, MN. 55344
25-t990r70
25-t990220
( CI{AN Y]ISTA 3RD ADDITION)
25-20tO240
Enterprise Properties (tpt 3, Blk 3)
Suite 200
6700 Excelsior Boulevard
I'linneapolis, MN. 55426
Enterprise Properties (Lot 2, Blk 4)
Suite 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
$ 293.80
Enterprise Properties (Lot 3, B1k 3)
Suite 200
6700 Excelsior Boulevard
I'tinneapolis, MN. 55426
Enterprise Propert.ies (Lot 4, Blk 3)
Suite 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
293.80
293.80
25-2010250
293.80
PROPERTY OWNER
(CIIAN V]STA 2ND ADDITION)
TOTAL ASSESSMENT
293.80
I
ltltlllttttltttltlt
lllllll
KERBER BOULEVARD IMPROVEMENTS
cITY OF CHANHASSEN, IlINNESoTA
ASSESSMENT ROLL
ASSESSMENT PER LOTPROPFRTY OWNER
Enterprise Properties (Lot 5, Blk 3)
Suite 200
6700 Excelsior Boulevard
M.inneapolis, MN. 55426
Encerprlse Properties (Lt 8, B1k 3)
Suire 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
Enterprise ProperEies (I,ot 5, B1k 4)
Suite 200
6700 Excelsior Boulevard
Ilinneapolis, MN, 55426
PAGL tI
PID NUMBER
25-2010260
25-2070290
25-2010340
C}I,AN VISTA 4TI{ ADDITION
25-2O40020
25-2040030
25-2040050
25-2040090
Enterprise Properties (Iot 2, B1k 1)
Suite 200
6700 Excelsior Bou.levard
Minneapolis, MN. 55426
Encerprise Properties (I,ot 3, Blk 1)
Suite 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
Enterprise Properties (Lot 5, B1k 1)
Suite 200
6700 Excelsicr Bo.;levard
[inneapolis, MN, 55426
Howard Roberson (Iot 9, Blk 1)
691 Conestoga Trail
Chanhassen, MN. 55317
Enterprise Properties (t t 2, Blk 2)
Suite 200
6700 Excelsior Boulevard
Minneapolis, MN. 55426
$ 293.80
293.8O
293.80
293.80
293.80
293.8O
TOTAL ASSESSI'IENT
$ 293.80
293.80
293.80
293.80
293.80
293.8O
293. BO
25-2040t10
293.80 293.80
frrrtrr tl I
293.80
PID NU}IBER
( SADDLEBRoOKE
PROPERTY OWNER
)
KERBER BOULEVARD IMPROVEMENTS
CITY OF CHANHASSEN, MINNESOTA
ASSESSI'IENT ROLL
PAGE 3
TOTAL ASSESSMENT
s 67,ooo.oo
TOTAL ASSESSMENT
$ 4,5t4.23
25-755t420
(SCHNEIDER PARK
25-7 7 50030
Builders Developrnent, Iuc (Outlot B)Suite 210
l-055 EasE \layzata Boulevard
Wayzata, MN. 5 5391
COST PER
FRONT FOOTAGE
)
ltithun Enterprises, Inc. (t,ot 1, B1k 2)
9@ East Wayzata Boulevard
wayzata, MN. 55391 L87.78 $ 24.04
U
I I
FRONT
}.OOTAGE
t )
OTICE OF ASSESSITIENT HEARING
CI,IY O!' CHANHASSEN, IIIINNESOTA
KERBER BOULEVARD IIIIPRoVEI}IENT PRoJECT No. 87-9
NOTICE IS HEREBY GIVEN that the Chanhassen City Council willmeet at 7:30 p.m. on Iqonday, September 24, 1999, at the City HalICouncil Chambers to pass upon the proposed assessment for theKerber Boulevard concrete curb and gutter, storm sewer and streetimprovernents. Abutting properties and those properties derivingbenefit from this project are proposed to be issesr;ed.SpecificaIIy, properties to be assessed include:
The proposed assessment is on file for public inspection inthe office of the City Engineer. The total project. costincluding construction, legaI, engineering, aaministration andfiscal costs is S444,840.12. The amount proposed for assessmentis S102,273-06. written and oral objections wilf be consideredat the meeting. but the Council may consider any objections tothe amount of a proposed individual assessment at an adjournedmeeting upon such further notice to the affected properiy ownersas it deems advisable.
25-8780010
25 -20L0240
25-20r0340
25-2040090
25-8780020
25-20I0250
25-20 40020
2s -20 4 0110
Don Ashhrorth
City CIerk/ltanager
2:i-1990170
2a; -2010260
2:i-2040030
25-8551420
An owner may appeal an assessment to the District Court pur-suant to l{innesota Statute Section 429.081 by serving notice ofthe appeal upon the llayor or City Clerk of the City of Chanhassenwithin thirty ( 30 ) days after the adoption of the issessment andfiling such notice with the District Court \.rithin ten (10) daysafter service upon the Mayor or City Clerk. No appeal may betaken as to the amount of any assessment adopted unless a I,JRITTEr,INOTICE signed by the affected property owner is filed with theCity.Clerk prior to the assessment hearing or presented to thepresiding officer at the hearing.
Residents who are 65 years of age or older, or retired byreason of permanent and total disability rnay apply t.o have paymentof the assessment deferred. The application strafl be mad.e io theCity Clerk within thirty (30) days ifter the adoptir:n of theassessment roll by the City Council.
(Published in the Chanhassen Vi]Iager on September: l-4, 1989 )
c--
2s-8790040
25 -r990220
25 -20I0290
25-2040050
({
CITY OF
AFFIDAVIT OF
CHANHAS SEN
MATLTNG NOTICE
STATE OF MINNESOTA
COUNTY OF CARVER
I, Karen J. Engelhardt, being first duly sr^rorn, on oath
deposes that she is and was on , lgg9 ,
the duly qualified and acting Deputy Clerk of the City of Chan_
hassen, Minnesota; that on said date she caused to be mailed
a copy of the attached notice of
orL-
to the persons named on attached Exhibit ,,A,,, by enclosing a copy
of saj-d notice in an envelope addressed. to such owner, and
depositing the envelopes addressed to ar.r such owners in the
United States mail with postage ful1y prepa:.d thereon; that the
names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota,
and by other appropriate record.s.
J. En hardt,puty C-lerk
Subscribed andbefore me this sworn to
8*h day
, 19 ACof
Notary pub
5 AA4antlnaaaaaaraAta6., e!\aAa4a^.40. r(
$ +*+ no,flY,';#i.,1ii,,,!o,o i
$*-Y
t n', ."""',i;;tTrt?''jfl n,*, i)tWvwypsoo* rooWoWv*r4/"***W.t
t1-9
0ture-Ltn,,torh
L0".
xar)
Builders DevelotrrEnt, Inc.
.055 East t4ayzata BouLevard
.-luite.210
wayzata, t"lN 55391
(
E XHt! 11 A lr
Ho^ard Roberson
691 Conestoga Trai.I
:hanhassen, I'tN 55317
rnterprise properties
6700 D<celsior Blvd.euite 200
_inneapolis, MN 55426
est Village TGmhous partners
J79 Val.ley view Road
Eden Prairie, IIN 55344
n ichard Brose et aI-
;75 Scandia Road
-:conia, IqN 55 387
([TI
I
t,
:.
:
(:l
i,li.tr
c':.*.t.;!'
CITY OF
THINH.ISSEN C
690 COULIEf, OnrV€.P O EOI !.7
CHANHASSEI{, MNNESOIA 553!'l{€st villaqe 'IbirJrcu3 partrerg
9979 valley Vietd Ro.d
Eden prairie, r!{ 5534a
CITY OF
CH.tNH.tSETN
5SO COIJLTEn oRrw. P o aox la,
cH xrl(ssEx, lrNNEsoTA 555t '
CITY OF
CHAI[HASEEN
ago coutTER OFrv€.P o. 8ox tal
CHANH SSEN, MIIITJESOTA I53t7 f HoBld Robersdt
69I Coestoga Trail
. Charliass€n, tN 55317
CITY OF
TH.lNHASSEI[
6S CoiJITEA DF0E.Po aor t.,cx rfi ssti. glrlrcEsor^ 5r.t !,
-
(
zrat:,L,t\r_r-:€.f ,. .:-:_
ljr:i..s:i :
!
I
a
,,', rrl ..n -::
' -i r - ):i .:'l- l :
:_t : :')
---
Richald Brose et at.85?5 Sardra Faadl,lasria, rN 55387
dl
'{
.!1
--t
I
t
,; )-5
't
t
t-' Brilders Develc@nr. IrE-
1055 East l/layzata BoulevlrdSuite 2.1.0
w4/zata, rN 5539I
I
.l'
<.{ -,':l i -j'1
1
, !,.i
\'
,, )
i: z:i;. i Ir:i i1:rr: r;.
1.0 5 ,,
1"..; \ .
I
I
J
ll
L
!'!:.rt '
t
.';
-r:-i ; -:' -"'
' '
I i ';li -.': ',
' ,. r{..
, .1'.;..1 Y i.'-,.-..
^
i"r
i
Enterprise Properties
t 6700 E<celsior Blval.
l. suire 2oo
llinneapolis, I"sl 55426
ll I
t.
i{.-
CITY OF CHANHASSEN
P.O. Box 147 690 Coulter Drive
CHANHASSEN, MINNESOTA 553 T7
Phone 937-1900
'4
', L-,,.
,,.
I t. .. .r :._
l- ' r-.
l:.
!
i--.:,- .,,
, ,.j ;
'I
I
I
Bt -c'l a-/.L.tA-*-.12
{
STATE OF I'IINNESOTA
COUNTY OF CARVER
Subscribed andbefore me this
CIIY OF CHANHASSEN
AFFIDAVIT OF DELIVERY
SS
)
)
)
I, Karen J. Engelhardt, being first dufy sworn, on oath
1e81 ,r 19 ,deposes that she i s and rr/a s on
the duly gualified and act.ing Deputy CLerk of the City of
Chanhassen, Ivlinnesotai that on said date she caused to be
delivered a copy of the attached special assessment notice
for Improvement Project No. 87-9 to Iqithun Enterprises,
Inc., 900 East Wayzata Boulevard., Wayzata, Iqinnesota, 5539I,
by enclosing a copy of said notice in an envelope addressed
to such owner, and delivering the envelope via Road Runner
Transportation, Inc.; that the name and ad.dress of such
owner was that appearing as such by the records of the
County Treasurer, Carver County, llinnesota, and by other
appropriate records.
I
K ren En Ihardt, Deputy CIerk
of
srrorn to
IQt h day
, l9gg .
e-LLU:Notary P I
x
,,:i;;1.. KIM T, I',IEUWISSEN
{:--.,;*} ltonnr PUBLic' r,llr' :ES0TA,,:Ar I.]# CARVER Cu-U].iTY\i-Jl,t y Co,rn ,tyo. Exprrdi Llr/ 29. '1g92
AAAAAAAAAAAAff ,aA4 lAA,A^A,r AAA4r.444M X
E
xwvrvwv\rv ii vYYwvtrvw?tvvw\ryww
(
I C
c!,CITY OF
EHINHISSEN
690 COULTEB DRIVE. P,O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
t' ly Admininhto.
/Tn:-
I{ElIORANDUItI
TO:
FRO}I:
DATE :
SUBJ:
Don Ashworth , City I{anager
Gary Warren, City Ensineer CaD\HJJ.-
riiri.-.i l!. r'.r irnilri--
September 20, 1989 7/zi-/s) _ -Assessment Hearing and Adoption of Assessment Rol-1
!linnewashta lleadoi'rs
Project No. 88 -2
This is the assessment hearing for the llinnewashta lleado\"rs
assessment rol-1. The attached September 7, 1989 staff report
add.resses the specifics of the ro11. The preliminary assessmentroll was found to be in error and our consult.ant has recalculatedthe final assessment ro11 which ltr. Carl-son has been appraisedof. The net impact of this correction is a reduction in the per
1ot assessment to SII,785.05 per unit. The revised assessment iswithin $120 of the feasibility study estimate. No written objec-tions have been filed against the assessment ro11 as of thewriting of this staff report and the developer has waived hisrights to contest in the development contract.
One point which CounciJ, might consider is when the Church Roadportion of this project was pursueC, the City Council deleted theKerber and Frizzell properties from the project area (see rnap).
Since Irlr. Carlson has tsv,ro lots which f ront on Church Road he wasrequired to construct the sewer and r,rater in this area and thesecosts have been included in his assessments. SevJer and water
stubs have actually been made to Ehe Kerber and Frizzell proper-ties but no connections have been made.
It would be difficult to include these properties now in the
assessment ro]1; however, I believe it would be reasonable that
when these two properties do make connection (some lime in thefuture ) that their connection charges be refunded t.o Iqr. Carlson
when col lected .
Again, I{r. Engel-hardt will be present on rny behalf to address anyquesti,ons that might be raised at the assessment hearing. At theclose of the hearing it would be appropriate for the Council toadopt the llinnewashta lleadows assessment roll- for l:mprovementProject r\o. 88-2 and that the assessment term be sert for eight
.fzrzit
Don Ashworth
September 20, 1989
Page 2
years at ninerequires thatthe property
of f .
percent interest. The development contractthese assessments be paid at the time of sale ofand the security remain in force until they are paid
Attachments
Revised project cost sheet.Final assessment roll dated September I1, 1989.
September 7, L989 staff reports w/attachments.Location l"l,ap.Public Hearing Notice to newspaper.Affidavit of llailing.
Bill Engelhardt
1
2
3
4
5
6
C
lZq'rrs co
PROJECT COST
MINNEWASHTA MEADOWS
CITY OF CHANHASSEN, MINNESOTA
PROJECT 65T5 I
Construction Cost
Engineer ing, staking, and
Inspection
Soi I Tests
Printing
Bond i ng
Capital Interest
Asses sment s /As-bui I t s
Adrninistration
liIrVCC Cost o, Church Road
TOTAL PROJECT COST
S ll5,)67.lg
22 ) t20,00
3,000.00
306,95
I,E00.61
l4,0l6.ll
I , 500.00
3, 491 .00
q7 5 l')
$ lsE, rTs.ts
Assessment $188, r26 ,g6lt6 511,78d.05/unit
?Jo r
1
J
LU-f
}iINNEI'IASI{TA MEADOWS
CHANHASSEN, }IINNSOTA
ASSESSHANT ROLL
ASSESSHENT
UNI TS COST/UNITPID }JUIIB ER PROPERIY O}INER
25-5080010 Gary C arl son
3 361 lJest 62nd StreerExcelsior, UN. 5r33L $ 11, 786.O5
11 , 786 .05
11 , 786.05
11, 786.05
11,786.05
11,786.O5
11,786.0'
11,786.05
11 , 786,05
11,786. O5
l1 , 786 .0t
1r,786.05
11,786.05
11,786.O5
11 , 786.05
11, 786.05
1
2
3
4
t
6
7
B
9
10
11
L2
IJ
14
15
16
I
I
1
1
1
1
1
I
I
1
1
1
1
t
I
1
TOIAL ASSESS}IENT
2 5 - 1080020
2 5 - t080030
25-5080A40
2 t- 50800 5 0
25-508006t|
2 5- 50800 70
2 t- 5080080
25-508C090
z5-508C100
25-5080110
25-5A80L20
25-5080r 30
25-5080140
14-5080150
25-5080160
$ 11 , 786.05
11,786.05
11,786.O5
11,786.O5
11 , 786.05
11 , 786. 05
11,786.05
r1 ,786. 05
11 , 786. 05
1. 1,786,05
1r,786.05
11,786.05
11 , 786.05
11 , 786. 05
11,786.05
11,786.O5
llttlttttttttlttttt
/sbCITY OF
ffiENf,IflII&5FEN
690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN. i\,,|INNESOTA 55317
(612) 937-1900 /rilion !v oitv lddtH-trr
tn",* '/ Dl)-t
IqEI,IORANDUII
TO:
FROI'I:
DATE:
SUBJ :
:iF.i:
.',-.L':7:8-L.Don Ashr.rorth, City l{anager
Gary warren, City Engineer
September 7, L989
bo\$!"It'r :,:5{iirta :'J ,... rr,t
Accept Preliminary Assessment RoI1 for luinnelrashta rUeadows
Improvement Project No. 88-2
The llinnewashta I'leadows improvement project is a private develop-
ment that was petitioned for and accepted as a public improvement
by the City. The developer, Iqr. Gary Carlson, is obligated
through the development contract for the payment of al-L
assessments.. The assessment has been calculated on a per lot
basis and equally distributed amongst the 16 lots of the sub-
division. The total project cost as shown in the attachments is
5198,839.12 which is roughly within $12,000 of the feasibility
study projection. The per lot assessment is proposed at
$1-2,427.45 or approximately $760 above the feasibility study
estimate .
Council may recall due to the inability of the Developer to pro-
vide the City \,rith the required security this project had to be
delayed and re-bid. This obviously had some dollar increase
impacts to the project.
The ploperty is totally in the ownership of Mr. Carlson as of thepreparation of this ro11. He has waived his rights in the deve-
lopment contract to contest the assessment although I believerlrith the numbers as shown that the assessments are acceptable to
him.
Again, no action isthe ro11 will awai t
September 25.
Attachments
Pro ject Cost SuirunarY.
Prelirninary Assessment Roll.
DevelopmenE Contract.
required by the Council- as final adoption ofthe completion of the public hearing on
I
2
3
tsi 11 Engelhardt
Hrd fir.
ila Sii-;i:ii?: lu , ,iir",,.:.. ,i
q
PRO]ECT COST
MINNEWASHTA MEADOWSCITY OF CHANHASSEN, MINNESOTA
Project Costs:
Construct ion cost
Engineer ing, stak.i ng, andInspection
Soi I Tests
Printing
Bond i ng
Capital Interest
Assessment s/As_bu i I ts
}IVCC Cost of Church Road
5 tze , ooo. oo
22,120.00
3,000.00
306.95
1,800.51
14,015.00
I,500,00
25 ,97 5. t2
TOTAL PROJ ECT COST S tgs,B39.t2
Assessment Si98,El9.t2lt6 512,427.45/untt
I I I I
LOT
I''I I NNIIIAS}ITA I''EADOt{S
CIIANIIASSEN. }lINNSOTATRFT,MiNAK-V
ASSESS}IENT RO.LL
ASSESSMENT
UNITS TOTAL ASSESS}l[NTPID NUI'IBER PROPERTY OWNER
25-5080010 Gary Carlson
3861 West 62ndIJxcelsior, IlN.
25-5080020
25-5080030
2t-5080040
25-5080050
2 5 -5080060
25-5080070
25-5080080
25-5080090
25-5080100
25-5080110
25-5080120
25-5080130
25-5080140
14-5080150
25-5080160
Street
55331 t
.)
4
)
6
7
o
9
10
11
L2
13
I4
15
t6
1
1
1
I
1
1
I
1
1
1
I
1
1
1
1
1
$ L2,427.45
72,427.45
12,427.4J
L2,427.45
L2,t127,45
12,427.45
12,427.45
t2,427.45
L2,427.45
t2,427.45
12,427.45
L2,427.45
t2,427.45
12,427.45
t2,427.45
L2,427.45
s L2,427.45
72,427 .45
L2,427.45
12,427.45
12,427.45
12,427,45
72,427.45
72,427.45
L2,427,45
L2,427.45
L2,427 .45
12,427.45
L2,427.45
L2,427.45
L2,427.45
t2,427.45
+o
I
COST/ UNIT
AGREE}IENT dAtCd
OF CHANHASSEN,
Nd GA!,Y D. CAR
"DeveJ.oper,, I .
CITY OF CHAN HAS S EN
SPECIAL PROVI SIONS
ernlrt ra Mi nnesoca mun 1LSON and UAUREEN
, 19.€S1 by and beEweencrDaj. corporation, (theG. CARLSON, husband and
the CITY,,ci.ry,,),
wife ( the
approves
Con Er ac t
Plan
4.in accordancefollowing:
.., DEVELOP}IENT CONTRACT(Crty lnsEaIIed Improveflencs )
i{INN EI.IAS HTA MEADOWS
thein
on
1. Requesr t?:.",r?! Approval- The Developer has askedCi.ty to approve a DIat- tor ltiil: eweJHra
-.uuaoolls
( reter=ed Eothis conrracr as rh; ::pl"r",. - il;'^i;;i rs :.esarly descr:.oeciEhe attacned Exhibit "A".
2- conditions of plat. Approval. The City hereb,,,the plar. on conciir.ion rhat tn" o",ruioJ.i en..r incoand lurnish r.he securitv ..e;irli";;"irl
3- Devel-opmenc plans. The plaE shall be develoceci inaccordance wirh rhe tor:.owing pi"n;.- ii" pru.,= shall nor je
3i.t::";""rt;"tli:.:-::"'"'' wi'r' 'n" '*cep.io.,. or prrn A, :ne
L i, e
_
c o n . i
" " ;,.. ; ; :
-
: ;: :. : " :: ff .. "..:,"S i !
t
"
r.
olli ":i ; _ " i i
; jn :
;
: :i i : "1r Lhe plans vary r ro.;.1 :ne wrr E ten cer;:rs or E.h j.s Conc:Jc:. ;newrr- it.en terr:rs shaII conE.rol . The glans are:
Plan A--pIaE. - "NoT AppRovnD ydr-
this
da Leci
PIan B--cradi j19, Drainage, anciJune 6, 199e, prepareciAssoc.t-ates.
Lro s.r. o n Conrrol pl.lnby Eng3Iha.roc,r
C--Plans anci SpccirrcJEronsJune 6, 1998, prepared byAssociates.
Pr i va t.e Imp rovernen Ls .wr Lh Ci ty ordinances
ror Imorovemen LsEngelhardt,!;a Leo
The Devel-oper shaLl.1nd S tandJrds and p:y rastall
iJr :he
A. Street LrqhtsB. Undcrground UtiIlt.ies (e.g. gas, €I-,r-r-. -
^ tclepnone, CA I,V )
:. settrng o! Lot:nd Blocii ,,lonumencsu. surveyrng ano .jCJking
JP-I
B.
D.
F
arr requili" ,.Tjl]r:t Performance. The Developer sirari inscarr
1g,,,.""i.-iJ; i;;;:"-l;:.;";:i;::;"";i.';. psr3srapn 4 above cysron or rine rro:n rhe ciLy. --;;-;"..,.ii.;liil"i:
;::;:::,.1.":-::l;be conciiL icneci uccn ,:pciaiing *.;"-;";;;;',y posLeo by:he Deverooerto reilect .o.. in.r.u..= "id ,n*-.*t'.io*o completron ciace.
cons truct the
8.of this Contra
5
oma
, 790.00or the rol
PubIic fmprovements - Thr_. Cityfoliowing public improvcrnen L s
Site G radingwater Sys temSanitary S erve rStorm. Sewer Drainage System5treets
Concrete Curb and GutterSireet Signs
shal I cies ign anciHrthia the ?La t:
or rhe o"8ir.T;:::ment of costs' rhe citv sharr assess rhe cost
*: ji::i, ;iij.t:ii;r;i:ii i::i iii;i i :;,':.5i;::;i:;, ;.i5:ri,,,."
asse=s*"nts-i[.ii"[""!::i:3 :::::";r:i,iJ iire prat 1' ;;5"'-sisned by rhe "i;y:' rn" .s="s;iiii""!.,,ifi- i:.;.:!r;,::":;";:r::,
F:. ii:!:.-. l;"":"1:r:;:;:: ;, tsi::i;. ;:i:, in,",.!, -r, "; - ;"i: l., uya structure built on a loi. .ii'"f-til'aLLtrcate or occuoancv forasainsr rhe ror ^u.l-u. ouia-ii i,ril= ii:.;ff:i:;::._:il::iffi;4.:i".;:'o[;i;:'i;:i";l: ^-",,o"
t "nf ii"--Ji i.i. i ons r,o che ins ta1 ra r ionbur noL limireo .o n.^u?.. and the speciar."="ui=*"n.i;-i;;ir"r.,rq
assessmen r s "*.".I ;;:'i:3.;i:'l:''J;:.:..nd anv .i"i.-ir,ii"il,.
g; : ;:;, i :, a ppea r. r i s n c s ".nui"i J...;" iil8il.l;."1:;.r;;.,"l:S:i.
secur i. ty. ?o guaranEee cornct, -oayment of s
pliance with che iermscosts of aII p ublic improvemenrmprovemen L sof crediL fr the DeveLoper sh
pecial assets and consLruclionalI Eurn i sh the CiLycrow, cr equi vaI:nt of the securiL
paymenL or theoi alI puoiicrviLh a IJE:er
SSMEN L S ,
for S 130as 110,J
of,nK, cash esThe amou nt (,'Securiiy,,)
Iowing:y ruas ca lcu J-: c ed
Est imaLeci pri;rc ipal amountot specitl assesiments Eor
tf o.r rc lnprovements together\.r1th one ,r,ear of interest )I0 s . 90 0
Eng i nee r j-ng ,surveyrng,
TOTAL
artd
COST OF
Th is breakdown!lon on the u-sato lhc toprovaL
rnspection
PUBLIC IMPROVEMENTS
lor historicaL
Lhe secu r L Ly.the CiLy. Thc.
S II8,9OO:---
rercr('ncc; it is not ,rLnL: 5ecur i ty snatl cesecu r r ty sh.rII be, for
S tl ,r)r)0
OI
of
r3S I r IC-
subloct
t,)
sP-2
endinq Decc.rnber jl, I997. In the aI!ernaLive, thr: secur j.r? :raybe rcr a one-year rerm provided ir i;-;;..r".i..iry-I"iliiii. i.,successive one-year .oeriocis frcm Lhe pi..unt or any futuree'xpiraLion dares ivith^a Einar .xpi-rrt'ion date of December 11,L99'.r. ,- unr('ss sixty ( 60 ) days priLr- to-Jn "*pi.aLion date the canknotifies rhe city rhat -iL ereits noi-tJ'...,ow fcr an addirionarperioci.. The City may draw down the seJurity, t ithout notice, fcrany violaLion of the Lerms of tfris Coniracr or upon receivingnolice rhar Lhe security-wi11 be ^Ii;;;; !o lapse before December3l , 1997. rf any insrailmenL "f ;;;;i;i,assessmenLs is nor paidon any rot when ciue, and in any .".ni-["ro.;-;;;-;;;"iiy..i;attached, the citv rnay draw down the securiry t;;;t-;il;;"balance, whether dr..oa.not, on att speciaL assessments in Lheplat. If the securiLy. is.drawn e;;r;'i;. drar; shall be used rocure Lhe default. wi!l city approv;i iil. security may be reduced.from Lime ro Lime as.financiai';;ii;;ri;ns are paid, bur in nocase shall the security be reduced io a-point less than 25t oflhe original amount unlil al1 "p""i.ui Issessments have been paid.
7.be in wri t inDeveloper,regislereci
N
mail
g,
I
otices. Required noLices lo the Deve1oDer shaIIand shal-I be either hand-deliver.a-to-It"employees or agents. or mailed to the OerretooeraL Lhe following acidress:by
3s3i
D and }la ur een G. Carlson62nd Street irlesL
Not ices to
deIi.,;ereci
reg i st er eo
a<idress:
along thorecording
the Cj.ty shall be in wrrting andLo Lhe.uiiy :.tanager, Jr nailid toriar r rr care of tne Ci Ly ]lanager
Chanha ssen City HaIIaY0 CouLLer Drive
P. O. Box l4 7Chanhassen, Minnesota 55317Te I ep non e.: (5I2 ) 937_f900
Other Special Condi Lions.
Excelsior, MN 5533ITe1:pironel. ( 6L2 ) 471-3354
shaIl be r.iLher ianolhe City bva! Lhe fo I Iowi ao
A. .Ihe t i,ro sitc,cis on LoL I4, BIock I and the sLreeLright-of-way and :he-smaII one-si"ri-=lngf* f:miIy residenc.. onLot 15, BIock l, shaII U. ,o*"rr.j"p'.ia."a" street construcLiJnand installaLion of utiLir i.r. '-in5'aliotrcion debris rrom ::rehome and sheos sharr i," p."p"irv'ii"o-I=Io of of f si[e.
B. A 20-fooL L13rI easement shall be dedicatooeresL side of Churctr Roid in a Ecrm su!LabIe ioragarnst Lhe property.
C. AII uLility impr6y..lngngs shall conform !o i:estf,ndards for urban cons!ruction.
-)
Cj.cy,s
8.
S P- ]
O. The Developer :jhall oblain and com-ol7 .ri Ln allcondiLions required bI ..!o mi"no"oal-oIi.ra."n, oE itaLuralResources, ;,laeersned ol.rr..i,'iii-I"i.-i.n"r regulrrorT acencies.
eacn hydrana il'u.]o91Le valve sharl be rccated rhree feec cehinaconsrrucrion. rdance eriLh the ciry,s a.tiii..i.i ;;;;.;.
oo aLl slopes
vided on
Ioca L ed
installed atFri z z e.LI and
along chur chexisting Ciry
I. ConstrucLion ofRoaci snall take allut j.Ii ty and roadway
F. Wood-fiber blankets orgreater than 3:1.eguivalenr shall be usea
.. 9. Utility and drainage easementsthe el3r r"r ir,l iropo.oa ..r."ci"ni";r;::l:.::roll"r.at the sourh of r,ois i ."J io -;;-;i;:;T-
_H: -Tf". sanitary sewer along Church Road shalla suf f icient deoth t. ",.^-;.rl ;_--.'.I:'.-^:"K"rb;;-;;;;;.;;:'" Lo provide sravitv service !o
be
the
be lccat ed
J.at Lhe
'lhe driveway located.on Lot I6, tsIock 1. sh3lImost northerly locaLron.
sanLtary sewer and. waternainnecessary precauEions to Drotectrmprovernen t s.
\rrtn the conciitions of r;-
-sharr i:e no coiiiirJiron-...._ience aci jacenc to rhe CIdss 3
- K. In a cc o rciancerretland alteralicn oermrL, therevrEy beyonci Lne ,?rosion concrclwetland as snown 3n plan B.
Con t r3ct ,al t ac neo
9. General Conoj.tions. The general prov:-s.i.ons c;appro\,rLr(l cy the CiLy Council on ieoruiiy ZZ, tgaS,as E:<i-t.:.cii ,'B', and incorporaLeo nere!n.
LNIs
CIT
3Y:\
fTflN rlflJJ E.\
(SEAL)Ihornas .l arri i ILon;i13 yo r
/.- .JBY:
Dor) .\shlvorLn,ll3 n:Ee r
DEVELCPER
/,
./ :1,0
G iI ar'
BY : -.4 //( ' .,
o'ry
l.1ur(.en L-tr r I ion
5P-.1
L./e (
(.\
STA'IS OF i.II NN DS O r.\
COr,NTf OF C.irtvER
)
(
)
SS.
5s.
/..,_ o.Jalrfcreqcing instru,nenL :vas ackno..;Ieciged before .ne !:ris-- ..' a , "1.i*4 I988. by Tho,nas r,. a"*i iion, "ruyo.,
ano Dv Don Ashrvorcn. Cr,iy- liifnager, oE'Lhe City of ghanhassen , aMinnesoLa nunicipal corporaLio;, on Ouh.f f of the corporation andpursuanr ro rhe aurhoriLy granted by iLs ciay a;;n;;i:".-.."
/^r-c
'tJ2 1--o
NO,IARY RUtsLIC
t-.,<1
STATE OF ML.iNESO?A )( ss.COU*'TY OF CARVET1 )
a,-ad,ev,./. Soih!,m ;)'.'i.1,v :,tErtC-. trnn.sC.a ;-i,_i-r r. r"t:'v :'.... r-:i.:-, :. .. :...r.10 i
i:S.'1 r F=rl J_ r. --'.'.--iACr. .,/ ;. -.-,: - . :i;r
l,!, cc::r:_.jn c :.il-or
i
I
, Tlte foreooing instrument was acknor.rledged before me
*:ec trces(:r,\x-\:!:cr-EG:css cs,xrsr :a!i)cr< x_rl.:'tre(_
this
!.
NO I.iR.Y -orrdi,iC
DRAiT
CiLy
690 c
Chanirass66, .r1p 53 317( 612 ) 937-1900
itY:
ChanhassenIter Drive
},IINNE SOT.\
CARVE R
ou
tso
STATE OF
COUNTY OE
(th -';;"
)
)
)
forcgoino instrum.:nc'.vas ac):norvl eigeci hclore me thisof l', 198S,Maureen C
r ,l-:l_
. CarIson.
L,^t;t, ;
Iy(-i:2.-. i,,t
I
iianlev tV. SJlh.3 imctary puO c.MJn nesciaCarvor CorJn
!
" NOTARY )puBLrcComm. E
_) /,,/
xc. 1.2tgo
S P- 5
CONSENT
o9rners of
',vh i ch is
aild con Sethe grov i
lect prop
STATE OF I,IINNES OTA
COUN'f f OF .. ..r ( !:.1
Dated rhis /{,w a"y ot
;" 1"3,Eoverned by :he forego.ing oe,refopmeii Cona...t, affirn::":: ::".fl:.:H:";:.,n.i."i ;;;";;;;".io be bouno byerLy owned. by them.
y appry to Lhac porcion of tne sub-
10 ,j't-
be iore
)
)
)
of
foregoing inst'rument,ras acknow Ieciged re Lhis
NoL:ri
-u;::otileiceci
lJ \' :-iau::aen C
he
day
forcgoi;c
Or I Lr-lcrore ne :::is
CJ.r-:sor11
en e '.ra s
| \ , ...I Aru':ld:.lri'qublrc-_{-\/:;atf
1
jiidlev liv. Solhcrm
Nolrry P,lbllc-Nllnn9s!):3
lnivor uounly
Llv r'ocfTt. ai rc. f.i:.S0
iP-6
STITTE OF :.1INIJESOT.i )
-)couNTy oF (,\izrr( )
/./
SC H IVl ID'S
-CiTY OF
-Y.'
Ot / r^t,
- -!.L\J_!zq_
l a==Ta t a-a r t\-L
SHoa::,','6gg FARK
2?
n.nn
i,1;:f -{{JA a
I
:1
!- l----
6
-'t' 9
/<.-
l1
N No
\. <E Rg ER
i
i
I
I
I
I
il
7
-r B!-CCK I
8
t5
-..-zrz ...-,;.:!-
elcc;< -. l\
_f l . l :
1
{
l5
I
.I
.'-:: ,
i,:
\\o
.. ^rl
L PREPAfiED BY.
\VILLIA]'\4 R. ENGELHARDT ASSOCIAT
CONSULTING EIIGINE:RSllOT HAZELTINE BLVD., SU tTE 4€ )
CHASKA, t!'tN NESO-, A 55318
(612) 448-Er:S -
91
to
I
i
I
I
!
I
I
I
'.(,
I
I I
I
i
I,
.lt
WILLIAM R. Ei!GELHARDT ASSOCIATES, INC.
, n.,, J u //;, k/ .t,,.r/ i,,... t,
I I07 HA2ELTINE SOULEVAND
CHASKA, MINNESOTA 55318
l6r2) 448 8838
May 30, 1989
City of Chanhassenc/o Mr. Gary Warren. p.E
690 Cou I ter Dr iveChanhassen, MN. 5j317
RE: Minnewashta Meadows Improvements
the number of b idsrecommerrd arvard ofB & D Underground,
Honorable Mayor and City Council Members:
Enclosed is tabulation of bids received May lg, 19g9, forife. 1b9ve pro jecr. Eight (3) bids *..L ,."..rved rangrng Irom ahigh bid of $140,467.75 to a low bid of 5103,624,00. The Iow brdwas submitted bv B & D Underground, Inc., of llound, Vinn"sota.we have checked ih" . * p. . i e n c e
" r e c o r i of this contracror and tindthat there is no basis for rejection oi thelr btd.
This project is a re_bid from lastwants to proceed vith the projL,ct. TheStS,OO0 below the englneer,, ".,,r"i"appears to be a very cornpecitive bid.
Based onIow bid, we
Stor,ez+.oo to
year . The deve I oper nowlow b.i d rs approxtmatelyof S121,000. The brd
rece ived and
J. COn t r ac tlnc.
the amount ofin the .tmoun t
the
ot
Ver y truly
VILLIAlt R.
you r s ,
ENGELHARDT ASSOCIATES, INC.
/,
Wi I liam R. Engelhf,rdt
WRE/las
enc I . ( I )
c,Iy 0r cfl
fiEgE[
ctii,tssff,
t/AY 3 I i3s9
riiGiittiillfl0 0[PI.
TABULATION OF B IDS
MI NNEWASHTA ,VEADOWSCITY OF CHANHASSEN, MINNESOTA
MAY 18, 1939
CONTRACTOR
B & D Underground
F. F. Jedl icki, Inc.
O& P Contracting, Inc.
Brown & Chr i s, Inc.
Nod I and Construction Co.
Nor thda I e Cons t ruct ion
H R S Construction, Inc.
Wi dme r , lnc.
Totalr Bid
Number of Brdders:
Cor rect rons
5%
5%
5%
,%
5o,E
TOTAL EST II\4.ATED BtD
S lo3, 624.00
104,l7tL-50
I11,451.50+
113,001.25*
I l5 ,824 .50
130,574.60
13s,303.45
140,467.75
d
BID BCND
$6-
Ca
l$.\,lce 60 INT€O<ePDA
a-
aor ot S.c 52.
.oo
STUART R
CTF NO
Yttl
SCH MIO
t?r7
no !calo
{
s /4
.\o\\
o
4CARTWAY'-
1
crs ,85 $aot: ao cl
--'lc*
^i ..9
,r;61 ,',!4 g.
sl Ds1.9,
=PROPERTIES DELETED FROM PROJECT AREA
,ao
A
B o
oo?<
r6 5
d c.r.t ror e nruJ,
65
NEWA
4
-iii*'i1"iiI
2
M
5
ho.
ir-
7
E
ATTACHMENT NO.4
I
a
NOTICE OF ASSESSI"IENT HEARINGCITY OF CHANHASSEN I IIINNESOTA
I'IINNEWASHTA I,IEADOT.IS IIIPROVE}IENT PROJECT NO. 88-2
NOTICE IS HEREBY GIVEN that the Chanhassen City Council wi1lmeet at 7:30 p.m. on l,londay, September 24, ]-g}g, "i tt" CitV nuffCouncil Chambers to pass upon the proposed assessment foi i'f., "llinnewashta Iqeadows itreet, grading,'sanitary "ur.i, "it".,i.in,and storm sewer irnprovements. ebu[.tin9 prop-rties and those pro_perties -deriving benefit from this proj"tt ire p.opos"a io-ieassessed. Specifically, properties to be assesied- include:
f
. Tle. proposed assessment is on file for public inspection inthe office of the City Engineer. The total proiect cLsiincluding construcrion, t6gar, engineeiing, ia*ini.tiition urafiscal costs is $198,839.Ii. the-amount. proposed for assessmentis $198 '839.12. written an<i oral "uj."ti""" wirl be consideredat the meet.ing, but the Council may 6onside, .ny-"tj..ti.r" t"
Il:"?T:"1-. of a proposed individuui "="""=*"nr. ar an adjournedmeecrn9 upon such further notice to the affected p.operiy o$rnersas it oeems advisable.
An. owl?r may appeaf an assessment t.o the District Court pur_suant to llinnesota Statute Section 42g.Ogl by serving notice ofthe appeal upon the .Mayor or Ciry Clerk of tire City 6t Cf,unf,.""u.,Iillin thirty (30) dayi after thl ua"pii.on of the assessmenr anctfiling such notice wiln the oistrici lourt within ten (10) days
il::: ::t:lce, upon the ltayor or city Cierr.. No appeal may beEaKen as Eo the amount of any assessnent adopted untess a IfRITTENNOTICE signed by the affected propelty owner is filed with theCity Clerk prior to the assessir"nl h.lring or presented to thepresiding officer at the hearing.
Residents who are 65 years of age or o1d.er, or retired byreason of permanent and total disability may apply to have paymentof the assessment deferred. Th. ;;;ii;;tion sha1l be made ro rhecity cterk wirhin thirry ttol divs'Iit.i tn. aooprion of rheassessment roll by the City Council.
25-5080010
25-s080020
25-5080030
25-5080040
Don Ashrror thCity Clerk/tuanager
25-s080130
2s-5080140
25 -s 0 801s 0
25-5080160
(Published in the Chanhassen Villager on September 14, 1989 )
25-5080050
2s-5080060
25-5080070
25-5080080
25-5080090
25-5080100
25-s080110
25-5080120
{
I, Karen J. Engelhardt, being first dul-y sworn,on oath
deposes that she is and was on S. rl.(-"^J*^ I ,Le89 ,
STATE OF MINNESOTA
COUNTY OF CARVER
and
thi s
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
sworn to8th a"y
the duly qualified and acting Deputy Clerk of the
hassen, Minnesotai that on said date she caused. to
City of Chan-
be nailed
a copy of the attached notice of
to the persons named. on attached Exhibit ,,A,,, by enclosing a copy
of said notice in an envelope addressed. to such ovrner, and
depositing the envelopes ad,d.ressed to alr such owners in the
United States mail with postage fu1ly prepaid thereon; that t,he
names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota,
and by other appropriate records.
J. E g lh Deputy Cl-erk
Subscrrbed
before me X AAAAAAA4A4AAAAAAA {A,NAAAAAA;^AA4 AAA Xi i:.ti:r. KtM T \I:U,.viSSFN ;
X -.,1'.'i.'. NoTAIty PUBLIC . |!.I\i\LSOTA i
I'Rlit'.,, .0,,"o*uTrt,,?.t;,,,,tro,r* I
x ",.wwwv v I gvrvvwvrrwwwvwwwvr,i
, I9€F.of
Notary p 1ic
Kare
(ea-)-.,
0aaeaa,vu-".da
Iqr. Gary Carlson
3861 ,iest 62rd StreetExcelsior, I!,N 5533I ExHlBtr uA'l/
4.C
II
I
t'--J _J
,ts#,ffii|,i tr tt'.,1
f-\
srP 0 t9 i.:.Pr
ii'i :t
t
Il
2
tl
I
F
J;i
.,'tr't
i;it
r .:''.',i'Ir.--- -
: .1..'; :'. '
!lr. Gary Carlson
3861 l,lest 62rd Street.
E{celsior, IqN 55331' 1,,:/,:, - ,
a r--'-- l'-
oi*f
f.
CITY OF CHANHASSEN
P.O. Box 147 690 Coutter Drive
CHANHASSEN, MINNESOTA 553I7
Phone 937.1900
' r+:r:1
i:i . ,'
i.l !
I
. .,.|
' t, ._:
I
' '.I
14\i
t
| )'
i"r
I
t
,i
.,.'-..i.' ':-.
-i-. .
I
I
I
CITY OF
EHINHISSEN
Jc-
690 COULTER DRIVE . P.O. BOX '147 . CHANHASSEN, N,I|NNESOTA 55317
(612) 937-1900 ..,,n hy City Mmtnisrnrot
"/' "4'
l't'!---I'IEI"IORANDUIU
IO: Don
FROI"I:
DATE :
SUBJ :
Ash$rorth,
Gary Warren,
September 20,
City luanager
City Engineer$
1989
..-.-, 1:!, i, I
zLrlrr-
D\tt U*r..!:r,ll-"
r, ii
Assessment Hearing and Adoption of Assessment RoIlBluff Creek DriveProject No. 80 -5
This is the f inal- assessment hearing of the evening. Again, the
September 7, 1989 staft report in detail reviews the cost sumrraryfor this project and the assessment policy and rate. No writtenobjections to the assessment roll have been filed with thisoffice as of the writing of this staff report. No errors were
found or corrections necessary to the preliminary ro11 as pre-
sented to the Council on SepEember il . This roll is thereforebeing submitted for final adoption as a part of this hearing pro-
cess. If approved as recomnended, 80t ($592,800) of the project
cosEs will be paid by State-Aid funds and the remaining gl-48,200
assessed.
The assessment hearing was publisheo in the September 14, 1989edition of the Chanhassen VilIager and specific notices weremailed to the benefitting properEy otrners as noced in the attach-
ments.
IUr. Engefhardt also has been responsible for preparing this
assessment ro11 and is intimately familiar with the project in
case there are questions raised in the hearing. After the closeof the assessment hearing if there are no unresolved issues itwould be appropriate for the Council to adopt Lhe attached
assessmenL roll dated Septenber 11 , 1989 and establish a payback
term of eight years and nine percent interest rate for the
assessments.
Attachments
September 7, 1989 staff report h,/attachments.
September 1I, I989 assessment ro11.
PubIic Hearing Notice to newspaper.
Affidavit of tvlai I ing .
T
2
3
4
'.32?LE:-
CITY CF l5c
ffiETffi[EifrFFEIfl
690 COULTER DRIVE . P,O. BOX 147 ' CHANHASSEN, MINNESOTA 553,17
(612) 937- 1900
Action bY CtiY Adrnintffi
trft
0D$o$-
Er lors
)1., .l rl rr I ._-
:l'atl
i3it SrimiltLi :r l. - ii r_,,1 ,,i_ :
, ,:tc J:!'t,:r., l r r, Jri I
I - tt'81
Discussions have been herd periodicalry with the residenLs to update thgn oo the
assessfient forecast and while no one li,<es to see crrst increases, r believe the
$2,280 per unit cost is reasonable and shouLd not be a surpri.se to the
assessrent participaats. As noted, the City crcvered 80t of the project c.]ostswith State-Aid funds.
Again, no action is reguired on this iLem as the public hearing wiII be held
Septefiber 25 and action woufd be appropriate at that time.
AttachnEnts
SUBI3 Accept Preliminary Assessnert RoIl for Bluff Creek Drive
Inproverent Project No. 80-5
Project Cost Sunnary.
Preliminary Assessnent Ro1l.
JrJne 9, 1989 Staff Report.
1
3
BiII Engelhardt
IlEIINRANDUII
1O: Don Ashworth, City Ivbnager
FROI{: Garlt Warren, City Brgineer
DAIE: S€ptember 7, 1989
The Bluff Creek Drive jmprovenEnt project is a State-Aid project. The policy onState-Aid projects is to assess the rninimr.m 20t to benefitting properties.
Contrary to the KerDer Boul-evard assessrEnt roII, this assessfiEnt is based on aunit assessment poriry wherein the assessnent area incl:des scrne non-abuttingproperties which receive benefit frcrn tfre roadr*ay inprovenent. Ihere are atotal of 65 urits proposed for assessnent under this poIicry.
This project has experienced cost escalations due to a poor bidding climatewhich resul-ted in a low bid approximately r9t over the engineer's estinrate aswelr as cost increases due to the need for extensive retaining warl and cl-ear
zone require,nients dictaEed by llnDor. The per unit assessnent rate estjfiated atthe time of project a*ard was $2,440 per unit. Originally the assesslrent rate
was projecteci to be SI,647 IEr r,urit in the feasibility study. Fortunately, the
actua.l- construclion costs ca.ne in at approxilnately $5rr000 underneatl the award
amount as shown in the attached projecL cr3st sunnary. Ttre actuar assessnent
amount, based on the 20t assess(Ent poliry and 65 r:nits is $2,280 per unit or
$160 underneath the bid forecast..
PROJECT COSTS
BLUFF CREEK DRIVE
CITY OF CHANHASSEN, MINNESOTA
Cons truct ion Cost
Engineering, Construction S tak i ng,and Inspect ion
Lega I
Tes t i ng
Printing
Bond i ng
Administration
Easements
Fees, electric, and
miscel laneous mater ials
Cap i tal i zed Interest
As-builts
Assessments
TOTAL PROJECT COST
Assessment
Assessment
S ,84, ?66.6E
72,881.54
1,935.80
7,797.78
460.55
6,179 .58
26 t 688 .42
2,897.50
4 ,292.25
12,600.00
500,00
500.00
S 74l,ooo.oo
x 20% = 5 l+S,200.00
2,280.00/unit
Total Project
Sl4s,2oo.oo165
Cost
s
tsLUFF CREEK DR]V[
CHANIIASSEN, I'IINNESOTA
7rt*c1 "-1 tvfu'
ASSESS}IENT ROLL
ASSESSMENT
UNITSPID NUI'IBER PROPERTY OI,INER
25-0260r00
TOTAL ASSESSI'IENT
s 2,280.00
2,280.OO
2,280.OO
6,840.00
2,280.00
4,560.00
2,280.00
2,ZBO.OO
2,28O.00
Jacobs, James R. & Joey A
I54 5 BIuff Creek Drive
Chaska, MN. 55318
Symani t z, Paul & A
1505 Bluff Creek Drlve
Chaslta, MN. 55318
Skraba, John J. Jr.
1530 Bluff Creek Drive
Chaska, MN. 55318
Bluff Creek fnvestment Co.c/o Richard J. OIson
4015 trre s t 65th StreerEdina, IlN. 55435
Dorweiler, Albert & K
1565 Bluff Creek Dr ive
Chaska, I'IN. 55318
Hesse, Harold F
1425 Bluff Creek Drive
Chaska, I'lN. 55318
Gilbertson, Di ane
119 0 Bluff Creek Drive
Chaska, MN. 55318
Kohlmeyer, Anne E.
1 161 Bluff Creek Drive
Chaska, MN. 55318
Maloney, Richard & D
1315 Bluff Creek Drive
Chaska, MN. 55318
Takkunen, Leonard A. d C S
1291 Bluff Creek Dr ive
Chaska, MN. 55318
25-Q26L700
z5-026L8O0
25-0262700
25-027 0200
25-0350500
25-0350700
25-0350800
25-3250070
1
I
1
3
1
2
$ 2,280.00
2,280.00
2,280.OO
2,28O.00
2,28O.00
2,280 _OO
2,280.OO
2,280.O0
1
1
1
25-3250020
2,280.0O 2.,280.OO
COST / UNI T
2,280.OO
1
lttttttlttttlttlttl
ul,, , cnl-.. ril,, ": I
CI{ANHASSEN, IlINNDSOTA
ASSESSMENT ROLL
ASSESSMENT
UNITS
[rg" zl
PID NUI-IBER PROPERTY OWNER
25-3250030
25-3250040
25-3250050
25-3300020
25-3300030
25-3300040
25-3300050
25-3300060
Maritz, Mary
1272 Bhf f Creek Drive
Chaska, llN. 55318
Smith, Dennis L. d L. M.
12 51 Bluff Creek Drive
Chaska, IIN. 55318
Bicek, Duane L.
10247 Nottingham Trail
Eden Prairie, MN. 55344
Carlson, Eileen N TrusteeEiIeen N. Carlson Trust Agree.
10942 Quebec Avenue Sout.h
Bloomingt.on, I'lN. 55438
Steffes, Robert & Judy
1350 Hesse Farm Road
Chaska, MN. 55318
Junker, Eugene W. & M
1250 Hesse !'arm Road
Chaska, MN. 55318
Brol in, Roger & Vicki
1200 Hesse Farm Road
Chaska, MN. 55318
Rech, Bruce B.
1180 Hesse Road
Chaska, MN. 55318
Noziska, Howard & Mary
1120 Hesse Farm Road
Chaska, MN. 55318
Johnsen, Frayne, & Deborah
1237 43rz Avenue NE
Minneapoli.s, IIN. 5542L
TOTAL ASSESSMENT
$ 2,280.00
2,2BO.OO
z,280.00
2,280.O0
2,280.00
2,280.00
2,28O.00
2,280.00
2,2BO.OO
1
1
$ 2,280.00
2,280 .OO
2,280.O0
2,280.OO
2 ,280.00
2,280.0o
2,28O .OO
2,280.00
2,280.OO
1
1
1
1
1
1
25-3300070
2,280.OO 2,280.00
rtttlll tttt I
25-3300010
COST / UNI T
1
1
PID NUMBER PROPERTY OWNER
25-3300080
25-3300090
2 5 -3 3001 10
25-3300120
25-3300130
25-3300t40
25-3300150
25-3300160
25-3300170
TOTAL ASSESSMI]NT
$ 2,280.00
2,280.o0
2,280.O0
2,2BO.OO
2,280.oo
2,280.oo
2,2BO.OO
2,28O .OO
2,280.oo
BLUFF CREEK DRIVE
CHAN}IASSEN, I'lINNESOTA
ASSESSI'IENT ROLL
ASSESSMENT
UNITS
1
1
1
1
1
COST/UNIT
s 2,28O.00
2,28O.OO
2,280.O0
2,280.oo
2 ,280.OO
2,28O.00
2,280.OO
2,280.OO
2,280.OO
2,280.OO
1
1
1
1
I
1
25-3300180
2,280.OO
25-3300 100
Provo, Jay B.
4006 Emerald Srreer /1206Torrance, CA. 90503
Smith, Daniel J. & Kat.herine L.
10 20 Hesse Farm RoadChaska, I'lN. 55318
I'looney, Charles M. &Jennifer Kirkham
1025 Hesse Farm Road
Chanhassen, MN. 55317
Berg, SEeven C. & M.1180 Hesse Road
Chaska, MN. 55318
Molinari, Paul S. & Marsha K.1101 Hesse Farm RoadChaska, MN. 55318
Perry, Robert A, & Susan1181 Hesse Farm Road
Chaska, IIN. 55318
Dee, L. Richard & K.
1201 Hesse Farm Circle
Chaska, MN. 55318
H9ugh, James H. & Sheryl H.1225 Hesse Farm Circle
Chaska, MN. 55318
Mue1ler, Edward T.
12 51 Hesse I'arm CircleChaska, MN. 55318
Grant, David
10350 Balsom Lane
Eden Prairie, MN. 55344
Evanhoff, Nicholas & Frankie
14 01 Hesse Farm Road
Chaska, MN. 55318
ltlttt
Page 3
2,280.oo
ltt
2,28O.00
lltl tttrtl
PID NUMBER PROPERTY OWNER
z5-33200ro
25 -3320A20
25-3320030
25-3320040
25-3320050
25-3320060
z5-3320090
25-3320tO0
Hesse, Harold & Ma ry
1425 Blu ff Creek Drive
Chaska, MN. 55318
Hesse , Harold E Marv
1425 Bluff Creek Dri ve
Chaska, IIN. 55318
Hesse, Mary Patricia
1425 Bluff Creek Drive
Chaska, I'lN. 55318
Hesse , I'lary Patricia
1425 B1uff Creek Drive
Chaska, MN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, I'IN. 55318
Hesse, Harold & Ma ry
1425 Bluff Creek Drive
Chaska, IIN, 55318
Hesse, Mary Patricia
1425 Bluff Creek Drive
Chaska, MN. 55318
Tisch, I'laxwe11 F. & Juliane M,
3 619 103rd Streer WesEBloomington, MN. 55431
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN. 55318
C1ine, Mark S!even &Bridget Ann Arne s on
6329 15 th Avenue SourhRichfield, MN. 55423
lleyer, William H. & JenniferApt. 73
3660 Independence Avenue SouthSt. Louis Park, MN. 55426
rdE,e I
TOTAL ASSESSMENT
s 2,280.00
2,280.00
2,280.oo
2,280.00
2,2BO.OO
2,280 .00
2,28O.00
2,280.0o
2,2BO.OO
2,280.O0
srl r r Cilr,EK ll(r v ri I
CHANIIASSEN, I'lINNESOTA
ASSESSMENT ROLL
ASSESSMENT
UNITS COST/UNIT
1
1
1
1
1
I
s 2,280.00
2,28O.OO
2,280 .00
2,280 .OO
2,280.O0
2,28O.00
2,280.OO
2,280.OO
2,280.O0
2,280.O0
1
1
I
1
1
25-3320tt0
2,280.00 2,280.OO
Itlll,ll ttttr
25-332007 0
25-3320080
PID NUMBER PROPERTY OWNER
25-3320t20
25 -3320t30
25-3320150
25-3320160
25-332017 0
25-3320r80
25-3320r90
z5-332O200
25-3320210
Cronable, Jerry E, & Mary A.
10329 Heidi Lane
Chaska, MN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN. 55318
Prendergas!, F. Patrick & M.
10360 Heidi Lane
Chanhassen, MN. 55317
Redmond, Michael J. & Linda B
10380 Heidi Lane
Chanhassen, MN. 55317
Lut zweiler, James & She1ly
10377 Heidi Lane
Chaska, MN. 55318
Bue, Richard & Mary Ann
10361 Heidi Lane
Chaska, MN. 55318
Roos , Roman & Peggy
10341 Heidi Lane
Chaska, MN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN. 55318
Bardal, Curtis [i. & Carol J.
10301 Heidi Lane
Chaska, MN. 55318
Hesse, Mary Patricia
142 5 Bluff Creek Drive
Chaska, MN. 55318
Mackenzie, Kirk A.
10429 Bluff Circle
Chaska, IlN. 55318
Page 5
TOTAL ASSESSI'IENT
$ 2,280.00
2,280.OO
2,280 .OO
2,280.00
2,280.OO
2,28O.00
2,280.00
2,280.00
2,280.O0
2,280.OO
BLUFF CREEK DRIVE
CHANIIASSEN, }I]NNESOTA
ASSESSMENT ROLL
ASSESSMENT
UN]TS
1
I
1
1
1
1
1
1
1
$ 2,280.00
2,2BO.OO
2,280.O0
2,280.00
2,2BO.OO
2,280.00
2,280.00
2,280.00
2,280.00
2,28O.O0
25-332022A
2,280.OO 2,28O.OO
COST /UNIT
25 -3320t40
1
1
tltttttttttttttt I ll
PID NUMBER PROPERTY OI.INER
25-3320230
lllt
BLUFF CREEK DRIVE
CHANIIASSEN, MINNESOTA
ASSESSMENT ROLL
ASSESSMENT
UNITS
l- -;e .[
25-3320240
25-3320250
2-5-3320260
25 -332027 0
25-3320280
25-3350010
25-3350020
25-3350030
Campbell, Lowel1 M. III
9724 l{illct e e k Drive
Eden Prairie, IIN. 55344
Niemi, Richard & Jane
100 Clay Cliff DriveExcelsior, MN, 55331
Anderson, Lee K. & Emily A.
10441 Bluff Circle
Chaska, I"lN. 55318
Elmgren, Joseph F. & Mary
1221 Bluff Creek Drive
Chaska, I'lN. 55318
Kandiko, Joseph & Georgia
10421 Bluff Circle
Chaska, IlN. 55318
Yasgur, Steven S.
1105 Kirkwood Lane Norrh
Plymouth, I-N. 55441
A11en, Paul & Susan
1002 Hesse Farm Road
Chaska, MN. 55318
0rShaughnessy, Roger & Betty
1000 Hesse Farm Road
Chaska, MN. 55318
Force, John D. & B.100I Hesse Farm Road
Chaska, MN. 55318
1
1
1
I
1
$ 2,280.00
2,280.O0
2,280.OO
2,280.OO
2,280.OO
2,28O.O0
2,280.OO
2,28O.00
2,280.OO
s 2,280.00
2,28O.00
2,2BO.OO
2,280.OO
2,280.OO
2,280.OO
2,280 .OO
2,280.OO
2,280.OO
1
I
1
l
lttlllt I I
COST/UNIT TOTAL ASSESSMENT
M t,/n)60 dF coFsc'(s-7',i1 \€>oA'5CITY OF
BEXAIflNflfrs5EIfl
i.l
690 COULTER DRIVE . P.O
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: cary Warren, City Engineer
DATE: June 9, 1988
SUBJ: Award of Bids, Bluff CreekFil_e No. g0-5
BOX 147 . CHANHASSEI{, M|NNESOTA55317
(612) 937-1900 ,/t/
,:,1.,-_ _..
L- t3 -8?I
, i*r[n;s
Drive Roadway Improvements
On May 17 , L988, bids were received for the Bluff Creek DriveRoadway Improvement pro ject. As surmarized in the attachedletter from trli 11i am R.Engelhardt & Associates dated June 31988, six bids were rec eived and appear ver y competetive whichalso reflects a good un derstanding of the p roject requirements.The propos in I contract ors all have strong reputations for doin gpaving work o f this nat ure. The 1oq, bidder, Midwest As phal tCorporat ion, has pr ovi d ed an estimated base bid of 5595 , 901 .50( see Attachment No. 2).An alternate was also bid with the pro-ject which cal e curb instead of bi tuminous c urb.This would add he 1ow base bid for a total bid of$609,980.50.T r foot unit. price quoted by Midwest thecontractor is ver y competiti ve for concrete curbin g, especially1n1ight of the long-Lerm maintenance benefits ass ociated withconcrete ver sus bituminous curbin g (the enclosed brochure on ,,WhyCurb An d cutter?,, may be of inter est). I would therefore recom-mend th at the alternate be accept ed.
On May 4, 1988, the City received formal notification of planapproval from MnDO? for the ploject (eiiachment No, 3).Likewise, we have had good ""."6""-i.,"J[t.ining easements on theproject in that alI necessary easements have U6en acquirea-;tminimal cost. The contractoi is ;;;i;;" to proceed withconstruction of the project and with the Couicil award ofcontract this evening we should fi.i:.iV-0" able to proceed withthis long-awaited pr6ject ,hi"t ;i;;l ias conremplared back inthe early t70s.
C14,079.00 to
Unfortunately, it appears that maybe our good bidding climate hasrun out, at least. for the moment. I am sure you recill thefavorable bids we have receiveo on irJlects such as the publicworks carage which was approxi*"t"fi-SiOO,000 underneath the archi_tectrs estimate, Kerber s6ulevard iilpi"""*unts \"rhich was approxi_
I
mately S35,000 under estimate and, of course, our phase Idowntown redevelooment project *ni"i-ru" S290,400 underneath theesrimare. rhe row bid ;iid-;;"";.;; liru una surrer arternare isapproximately 19t over the "ngin..ii"-pre_bid estimate or anadditional S125,400. rtris is'iai"rf.ala utilizing a 30r overheadand administrative markup.
Two factors have impacted costs on thisthe preservation oi trees and conservatj l:"?::t, both relate totion or neisnsori'ooa p,op.iti.--il;';;;::"ri]iX.inilf, the protec-
rncreased costs from Lhe- pr"lbia-u"tiiut. is MnDofls requirementthat a 40-foot clear zone-Uu proriJ"i In eicher side of cen_terline for any roadway
" i t rr"il -."Ii-"io 9u.a".. The originaldesrgn anticipated doing a ,rr"f-=.Ition aro. Hesse Farrn Roadnorth to counLv Road r4] si.""-t[iI-JJ.t.ion would necessitarea 40-foot clear zone, a number of trees and oLher obstruclions inthe crear zone would neea to-Le-;";;;;;.. This wourd especialryrmpact the Hesse Farm property in wnicn tree removat wai a sen_sitive issue in the easemenL negotiations. ?he arternative cho_sen was to include curb.and. g,rti". anJ-a Zg_foot urban sectionroadway versus Lhe originaf Za_i"ot-.irat section.
The second cost factor which has been discussed previously duringplan and specification authoriz.tion is' tr,"-".""I"iir"r"iir",concreLe-crib retaining waIl alonq the southeasLern slope of thisroadway area. Approxiriiaretv e ,iiid ;;;.;" f eer of reLainins waJ-trs necessary to deal wirh the =.rr...'"ia" .fof"=; ;;;;^;;;:, "rddrainage issues arong the .r.u nuii-ciJ'e"a and Breakfast and theGilbertson properLy isee atLachea-plun'"*".apt l. The concrececrrb reraininq wal'l including .urtii-ii-ri. is- tia at -rip.J*i*^c"ry
522't ,700. eids for rhis ir.,i i""g.a-irtim Sf gA,500 up roS263,900. orher rerainj.ng ,-f i-"3i"-r.rIaio., types dere con_sidered for rhis roadway,-h;;;;";;"ii';;" felr Lhar the apparenr10t savings in constructi"n .""i"'.irfi-."uo Lo unreasonable
:i:[:"^t".= in rons-rer* intej.iry-Ji-ir," warr for rhis apprica_
Don Ashworth
June 9, 1988
Page 2
lncreases of StaLe Aid al lotme
Balance from State AidLess l-988 unencumbered
The overall cost impact to thecron ot State Aid funds based
local assessmen tconservatively onnts is as follows:
rolL andno fuL ur e
utiliza-
BIuff Creek Drive constructionAssessabLe portion (20t)cos! plus 303
State Aid balance
s 793,000
. 60 0
5 3 4 , 10 0
-294 ,585
Future year,s State Aid encumberanceLess I989 stare Aid (assume uquri'IJ fsgel
Balance from I990 Slate Aid A1lotment
339,7Is
-248,449
s 9I ,256
tsLUFF CREEK DRIVU
cHANItASSIN, I'IINNESOTA
FINAL
ASSESSMENT ROLL
ASSESSMENT
UNITSPID NT'}IBER PROPERTY OWNER
25-O260tOo Jacobs, James R. & Joey A
1545 Bluff Creek Drive
Chaska, MN. 55318
Symani t z, Paul & A
1505 Bluff Creek Drive
Chaslca, MN. 55318
Skraba, John J. Jr.
15 30 Bluff Creek Drive
Chaska, MN. 55318
Bluff Creek fnvestment Co.c/o Richard J. 0lson
4015 Hesr 65rh St.reeEEdina, MN. 55435
Dorweiler, Albert & K
1565 Bluff Creek Drive
Chaska, IIN, 55318
Hesse, Harold F
1425 Bluff Creek Drive
Chaska, IIN. 55318
Gilbertson, Dl ane
1190 Bluff Creek Dr iveChaska, MN. 55318
Kohlmeyer, Anne E.
1161 Bluff Creek DriveChaska, MN, 55318
Maloney, Richard & D
1315 Bluff Creek DriveChaska, MN. 55318
Takkunen, Leonard A. & C S1291 Bluff Creek DriveChaska, MN. 55318
1
2,280.OO
2,2BO.OO
2,28O.00
2,2BO.OO
2,280.oO
2,280.00
2,280.00
2,28O.O0
TOTAL ASSESSI'IENT
s 2,2Bo.oo
2,280.OO
2,280.00
6,840.00
2,280.00
4,560.00
2,2BO.OO
2,280.oo
2,2BO.OO
25-Q267700
25-O26L80O
25-0262L00
25-OZ7 0200
25-0350500
25-O3507 00
25-0350800
25-32500ro
1
1
3
1
2
1
1
25-3250020
2,280.OO 2,280.Oo
1
1
COST /UNIT
$ 2,280.00
Itllttlttttttttt lt
ASSESS}IENT ROLL
ASSESSMENT
UNITS
I 1rg" zl
P]D NUMBER PROPERTY OWNER
25-3250030
25-3250040
25-3250050
25-3300010
25-3300020
25-3300030
25-3300040
25-3300050
25-3300060
Marit.z, Mary
1272 Bluff Creek Drive
Chaska, IIN. 55318
Smith, Dennis L. & L. M.
12 51 Bluff Creek Drive
Cha ska , I'lN. 5 5 31 B
Bicek, Duane L.
1024 7 Nottingham Trai 1
Eden Prairie, MN. 55344
CarIson, Eileen N Trus t eeEileen N. Carlson Trust Agree.
10942 Quebec Avenue South
Bloomlngton, I'lN. 55438
Steffes, Robert & Judy
1350 Hesse Farm Road
Chaska, MN, 55318
Junker, Eugene I^l . & M
1250 Hesse Farm Road
Chaska, MN. 55318
Brolin, Roger & Vicki
1200 Hesse Farm Road
Chaska, MN, 55318
Rech, Bruce B.
1180 Hesse Road
Chaska, MN. 553f 8
Noziska, Howard & Mary
1 120 Hesse Farm Road
Chaska, MN. 55318
Johnsen, Frayne, & Deborah
1237 43rz Avenue NEMinneapolls, MN, 55421
TOTAL ASSESSMENT
$ 2,280.00
2,280 .00
2,28O.OO
2,280.O0
2,28O.O0
2,280.00
2,28O.O0
2,280.OO
2,280.00
1 $ 2,280.00
2,280.00
2,2BO.OO
2,28O .OO
2,ZBO.00
2,2BO.OO
2,280.OO
2,2BO.OO
2,280.00
1
I
1
1
1
I
1
1
25-3300070
2,280.00 2,280.OO
I t I I I I I I sld,"cnl,_..tn[,', I I I I
CHANHASSEN, I'IINNESOTA
I
COST /UNIT
1
PID NUI'IBER PROPERTY OI.]NER
25-3300080
25-3300090
25-3300100
25-3300110
25-3300120
25-3300130
25-3300r40
25-3300150
25-3300160
25-3300170
Provo , Jay B.
4006 Emerald Streer /1206Torrance, CA. 90503
Smith, Daniel J. & Katherine L
l-020 Hesse Farm Road
Chaska, MN. 55318
Mooney, Charles M. &Jennifer Kirkham
102 5 Hesse Farm Road
Chanhagsen, MN. 55317
Berg, Steven C. & M.
1180 Hesse Road
Chaska, MN. 55318
Molinari, Paul S. E Marsha K.
l- 101 Hesse Farm Road
Chaska, MN. 55318
Perry, Rober! A, & Susan
1lB1 Hesse Farm Road
Chaska, IlN. 55318
Dee, L. Richard & K.
1201 Hesse Farm Circle
Chaska, MN. 55318
Hough, James H. & Sheryl H.
122 5 Hesse Farm Circl-e
Chaska, MN. 55318
I"lue 11e r , Edwa rd T .
12 51 Hesse Farm Circle
Chaska, MN. 55318
Grant, David
10350 Balsom Lane
Eden Prairie, MN. 55344
Evanhoff, Nicholas 6 Frankie
1401 Hesse Farm Ro ad
Chaska, MN. 55318
BLUFF CREEK DRIVE
CHANIIASSEN, }lINNESOTA
ASSESSMENT ROLL
ASSESSMENT
UNITS . COST/UNIT
$ 2,280.00
2,280.OO
2,2BO.OO
2,280.O0
2,280.OO
2,280.O0
2,280.OO
2,2BO.OO
2,280.OO
2,280.00
Page 3
TOTAL ASSESSI'IENT
$ 2,280.00
2,280.O0
2,280.O0
2,280.OO
2,280 .OO
2,280.00
2,280 .OO
2,280.OO
2,280 .OO
2,280.00
1
1
1
1
1
1
1
I
I
2 5 -3 3001 B0
1 2,2BO.OO2,28O,00
tl
1
1
llttrlrllll I
,rJoo .o[u" ,*luo I
CHANHASSEN, M]NNESOTA
ASSESSMENT ROLL
ASSESSII,ENT
UNITS
I dtse lrl
PID NUMBER
25-33200tO
25-3320020
25-3320030
25-332O040
25-3320050
25-3320060
25 -332007 0
25-332008O
25-3320090
25-33201OO
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, IIN, 55318
Hesse, Mary Patricia
1425 Bluff Creek Drive
Chaska, MN. 55318
Hesse, Mary Patricia
1425 Bluff Creek Drive
Chaska, I'lN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Dri ve
Chaska, MN. 55318
Hesse, Mary Pat.ricia
1425 Bluff Creek Drive
Chaska, IIN. 55318
Tisch, Ilaxwell F. & Juliane M.
3 619 103rd Streer WesrBloomington, MN. 55431
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN, 55318
Cline, Mark Steven &
Bridge t Ann Arne s on
6329 15 th Avenue SourhRichfield, MN. 55423
Meyer, tlilliam H. & JenniferApt. 73
3660 Independence Avenue SouthSt. Louis Park, MN. 55426
TOTAL ASSESSMENT
s 2,280.00
2,280.00
2,280.oo
2,2BO.OO
2,28O.O0
2,280.00
2,280.00
2,280.00
2,280.oo
2,280.O0
COST/UNIT
1
1
1
1
1
1
$ 2,280.00
2,280.OO
2,280.O0
2,280.OO
2,ZBO.O0
2,28O.00
2,280.00
2,280.OO
2,280.00
2,280.00
1
1
1
1
1
25-33201rO
2,280.OO 2,280.OO
rtrtltlt
PROPERTY OWNER
PID NUMBER PROPERTY OWNER
25-3320r20
25-3320t30
25-3320t40
25-3320150
z5-332Ot60
25-332017 0
25-3320180
25-3320L90
25-332O200
25-33202tO
Cronable, Jerry E, & Mary A.
10329 Heidi Lane
Chaska, MN. 55318
Hesse, Harold & Mary
1425 Bluff Creek Drive
Chaska, MN. 55318
Prendergas!, F. patrick & M.10360 Heidi Lane
Chanhassen, MN. 5 5 31.7
Redmond, Michael J. & Linda B
10380 Heidi Lane
Chanhassen, MN. 55317
Lutzweiler, James & She 1ly
10377 Heidi Lane
Chaska, IIN. 55318
Bue, Richard & Mary Ann
10361 Heidi Lane
Chaska, MN. 55318
Roos, Roman & Pe ggy
10 341 Heidi Lane
Chaska, MN. 55318
Hesse, Harold & i'lary
1425 Bluff Creek Drive
Chaska, MN. 55318
Bardal , Curtis W. & Carol J.
10301 Heidi Lane
Chaska, MN. 55318
Hesse, Mary Patricia
1425 Bluff Creek Drive
Chaska, MN. 55318
Mackenzie, Kirk A.
70429 Bhff Circle
Chaska, lIN, 55318
Page 5
TOTAL ASSESSMENT
$ 2,280.00
2,280.OO
2,28O.OO
2,280.OO
2,280.Oo
2,28O.00
2,280.O0
2,28O.00
2,280.oo
2,280.Oo
BLUFF CREEK DRIVE
CHANIIASSEN, I'lINNESOTA
ASSESSI'IENT ROLL
ASSESSI'IENT
UNITS
1 $ 2,280.00
2,28O.00
2,280.00
2,28O.OO
2,280.OO
2,280.oo
2,280.00
2,280.OO
2,28O.00
2,280.00
1
1
I
1
1
1
1
1
25-3320220
2,280.oo
CO ST /UNI T
2,28O.OO
1
1
I tl I tttl ttttlll II
ttlll
BLUFF CREEK DRIVE
CHANHASSEN, MINNESOTA
ASSESSMENT ROLL
ASSESSMENT
UNITS
j 0
P I D NUI''BER PROPERTY OI,INER
25-3320230
TOTAL ASSESSI'lENT
2,280 .OO
2,2BO.OO
2,280.O0
z,2BO.OO
2,28O.O0
2,28O.O0
2,280.OO
2,280.00
Campbe11, Lowe11 M. III
9724 llillcreek Drive
Eden Prairie, IlN. 55344
Niemi, Richard & Jane
100 Clay Cliff DriveExcelsior, MN. 55331
Anderson, Lee K. & Emily A.
10441 Bluff Circle
Chaska, MN. 55318
Elmgren, Joseph F. & Mary
1221 Bluff Creek Drive
Chaska, llN. 55318
Kandiko, Joseph & Ceorgia
10421 Bluff Circle
Chaska, MN, 55318
Yasgur, Steven S.
1105 Kirkwood Lane North
Plymouth, MN. 55441
AIlen, Paul & Susan
l-002 Hesse Farm Road
Chaska, MN. 55318
0rShaughnessy, Roger & Betty
1000 Hesse Farm Road
Chaska, MN. 55318
Force, John D. & B.
1001 Hesse Farm Road
Chaska, llN. 55318
1 $ 2,280.00
2,280.00
2,280.OO
2,280 _OO
2,280.O0
2,280.OO
2,2B0.OO
2,280.O0
25-3320240
25-3320250
25-3320260
25-3320270
25-3320280
25-3350010
25-3350020
25-3350030
1
1
1
1
1
1
I
1
ttrllll !trl
$ 2,280.00
COST / UNI T
2,280.00
:
NO,IICE OF ASSESSI'IENT HEARING
CITY OF CHANHASSEN, I'IINNESOTA
BLUT'F CREEK DRIVE II{PROVE}IENT PROJECT NO. 8O-5
NOTICE IS HEREBY GIVEN thAt thE ChANhASSEN CitY COUNCiI Willmeet at 7:30 p.m. on I'londay, September 25, Lggg, "l the City Hal_1Council Chambers to pass upon the proposed assessment foi i'f:"Bluff creek Drive roadway improvementi. Abutting propeiiies .nathose properties deriving benefit from this proi6cL aie pioposeato be assessed. Specifically, properties to be assessed'inlfuae,
2s-0260100
2s -02617 00
2s-025r800
25 -0262100
25 -027 0 200
25-0350500
25-0350700
25-03s0800
25-3250010
25-3250020
25-3250030
25 -32500 40
25-3250050
25-3300010
25-3300020
2s-3300030
25-3300040
25-3300050
25-3300050
25-3300070
25-3300080
25-3300090
25-3300100
25-3300110
25 -3300120
2s-3300130
25 -3300140
2s-33001s0
25-3300160
25-3300170
25-3300180
25-33200I0
25 -3320020
25-3320030
25 -33200 40
2s-3320050
25-3320060
2s -332007 0
25-3320080
2s-3320090
25-3320r00
25-3320110
25-3320120
25-3320130
25-3320140
25-3320rs0
25-3320160
25-3320t 70
Don Ashrrorth
C ity Cl-erk,/trtana9e r
25-3320180
25 -3320190
25 -3320200
25 -33202t0
25 -3320220
25 -3320230
25 -3320240
25 -3320250
25-3320260
25 -332027 0
25 -3320280
25-33s00t-0
25 -3350020
25-33s0030
. Tlq proposed assessment is on file for public inspection inthe office or the Ciry Engineer. The total proiect coiiincluding construction, IeSal, engineerJ,ng, administration andfiscal costs is 5741/000.00 ihe imount pioposed for assessmentis $148,000.00. lvrirten and oral objectioni wir-1 be "onsiJLr.oat the meeting, but the Council may consider any obiect:-ons tothe amount of a proposed inciivj.duaj. assessment at a; adjournedmeeting upon such further not.ice to the affected p."pu. iy -o".,"."
as iL deems advisable.
An owner may appeal an assessment to the District Court pur_suant to llinnesota Statute Section 42g.OgL by serving notice ofthe appear upon the llayor or ciEy clerk of tlre city 6r crranir.=senyilfi" thirty (30) days afrer thl adopr.ion of the assessmenr andfiling such notice with the Districr bourt within ten (10i daysafter service upon the Iuayor or City Clerk. No appeal ;;y ;.taken as to the amount of any assesiment adopted unless a IIRITTEN
I9TICE signed by the affected property ohrner is filed with theCity Clerk prior to the assessir".rl n"l.ing or presented to thepresiding officer at the hearing.
Residents who are 65 years of age or o1der, or retired byreason of permanent and total aisabitity may apply to ltave paymentof the assessment deferred. The appricltion shalr be made Eo theCity Clerk wirhin rhirry t:0) days'iii", tfru adoprion of iireassessment rolI by the City Council.
(Published in the Chanhassen Villager on September 14, I989 )
I
I, Karen J. Engelhardt,
deposes that she is and was
{
CITY OF CHANHASSEN
AFFIDAVIT OF MATLING NOTICE
being first duly sworn, on oath
r
STATE OF MINNESOTA
COUNTY OE CARVER
)
)
)
on
CLerk of the City
she caused to be
1e€9 ,
of Chan-
ma i 1ed
the duly qualified and acti_nq Deputy
hassen, Minnesota; that on said date
sworn to
.8 +h day
to the pe.rsons named on attached Exhibit ,,A", by enclosing a copy
of said notice in an enve-l,ope add.ressed to such owner, and
deposi-ting the envelopes addressed to all such ov/ners in the
United States mail with postage fu11y prepaid thereon; that the
names and addresses of such owners were those appearj_ng as such
by the records of the County Treasurer, Carver County, Minnesota,
and by other appropriate records.
4,4L1g. En9 har Deputy Clerk
Subscribed andbefore me this
, 19.q9 X AAAAAAAAAAAAT.AAAA4AAAAAAAAA4'.AAA44 X
X , . rir:: KIMT rlLUwIiiEN i
".
+ !:.:.jJi [0IAqY PU]UC . \i|\r-tSOTA ;a ,TjiI cAsv.R c3L'NrY ?j .\' ' My Cor-.rt.on Exprres tvily 29. lC92 I
x w v?e!vvvvtrvvt/v*oowwvror-oo*w i
of
tary publ i
Kar
a copy of the attached notice of
9n-a<-r/v )-^
ruML$an^J/J
Jarnes R. & Joey A. Jacobs
1545 Bluff Creek Drive
Chaska, NIN 55318
Paul- & A. Syrnanitz
1505 Bluff Creek Drive
Chaska, llN 55318
John J. Skraba, Jr.
1530 Bluff Creek Drive
Chaska, I!$l 55318
Bluff Creek InvestrEnt Co.c/o Richard J. Olson
4015 tlest 65th Street
Edina, I'lN 55435
Albert & K. Dorueiler
1565 Bluff Creek Drive
Chaska, ItN 55318
Harold E. Hesse
14 25 Bluff Creek Drive
chaska, ltN 55318
Diane cilbertson
1190 Bluff Creek Drive
Chaska, rYN 55318
Affie E. KohlrEyer
L161 Bluff Creek Drive
Chaska, MN 55318
Demis L. & L. l'1. Snrith
1251 Bluff Creek Drive
chaska, I'rN 55318
Duane L. Bicek
10247 llcttingham Trail
Edel Prairie, IqN 55344
Eileen N. Carlson, Trustee
Eileen N. Carlson Trust Agrnt.
10942 Quebec Avenue South
Blocrm.ngton, IqN 55438
Charles ol. ltooney &Jernifer Kirkham
1025 Hesse Farm Road
Chaska, llN 55318
Steven C. & l"t. Berg
1075 uesse Farm Road
Ctlaska, UN 55318
JarrEs H. & SheryI H. Hough-
1225 Hesse Fa-rm Circle
Chaska, lN 55318
Pau-L S. & I"larsha K. lfctinari
1101 Hesse Farm Road
Gaska, !N 55318
Robert A. & Srsan perry
1181 Hesse Farm Road
Ctr,aska, lrN 55318
L. Richard & K. Dee
1201 Hesse Farm Circle
clEska, llN 55318
(
Leonard A. & C. S. Takkunen
1291 Bluff Creek Drive
Chaska, ltN 55318
Uary Maritz
1271 Bluff Creek DriveChaska, UN 55318
Robert & Jr:dy Steffes
1350 Hesse Farm Road
Chaska, I{N 55318
Eugene W. & U. Jurker
1250 Hesse Earm Road
Chaska, t'tN 55318
Roger & Vikki Broun
1200 Hesse Farm Road
Chaska, ltN 55318
Bruc-e B. Rech
1180 Hesse Farm Road
Chaska, ltN 55318
Ho(a/ard & llary Noziska
1120 Hesse Farm Road
chaska, llN 55318
Eta).ne & Deboran Johnsen
L237 - 43\ Ave. NE
l,linneapolis, IIN 5542I
Jay B. P.rovo
4006 tlrerald Street, #205Torrance, cA 9050 3
Daniel J. & Katherine L. Sni th
1020 Hesse Farm Road
Chaska, t'!N 55318
&hrard T. I'tuell-er
1251 Hesse Fa-rm Circle
Chaska, iUN 55 318
David crant
13050 P.a l scrn lane
Eden Prairie, I'IN 55344
Nicholas & Ftankie Evanhof;
140I Hesse Farm Road
Chaska, IDJ 55318
Irbx^7ell F. & Juliane t-1. Ti:-f
351-9 - I03rd SEreet r,test
Blodnington, MN 5543I
Richard & D. IlalonevI3I5 Bluff Creek orive
Chaska, MN 55 318
Invisj.on Co. of Aflerica, Inc.
6213 Bury Drive
Eden Prairie, l-lN 55346
(
I'la-rk S. Cline &
Bridget Ann Ameson
-. -63?9 - 15th Avenue South
Richfield, IqN 55423
william H. & Jeffrifer llbyer
3660 Independence A\re. So.
Apt. 73
St. Louis Park, !N 55426
Jerry E. & Ihry A. Cronable
L0329 Heidi Iane
Chaska, I{N 55318
F. Patrick & M. prendergast
10350 tleidi Lane
Chaska, I"lN 55318
l'lichael J. & Linda B. Redrond
10380 Heidi Lane
Chaska, I'lN 55318
Janes & Shelly Lutzrveiler
10377 Heidi Iane
_ Chaska, Iqfl 55318
- Richard & Ilhry Afft Bue
10351 ileidi Lane
Chaska, ltN 55318
Rcrnan & Peqqy Roos- 1034I neidi-Lne
chaska, I'lN 55318
Curtis W. & Carol J. Barda_I
_ 10301 Heidi rane
Chaska, ltN 55318
- Lclrell Il. Carpbell, III
9724 ltillcreek Drive
Eden prairie, ltN 55 344
Richard & Jane Niemi
I00 Clay Cliff Drive
D<ce1sior, t"tN 5533I
I€e K. & Erdly A. Arderson
10441 Bluff Circle
Chaska, I{N 55318
Joseph F. & llary E]Jrgren
1221 Bluff Creek Drive
Chaska, ilN 55318
Joseph & Georgia Kandiko
10421 Bluff Circle
ClEska, Itbl 55318
St€ven S. Yasgur
1105 Kirlmod Lane North
Pllnt]uth, IqN 55441-
PauL & Susan ALLen
1002 Hesse Farm Road
Ctnska, ItlN 55318
Roger & Betty O'Shaughnessy
1000 Hesse Farm Road
CtESka, IqN 55318
John D. & B. Force
1001 Hesse Farm Road
Chaska, IUN 55318
{(
Kirk A. Ilackenzie
10420 Bluff Circle
- Chaska, UN 55318
E
C-ET.
CITY OF
EHINHISSEN
3
690 COULTER DRIVE ' P.O. BOX ,I47 ' CHANHASSEN. MINNESOTA 55317
(612) 937-1900
, '-:t |4,ni1*r';_t,
MEI4ORANDUM
TO:
FRO1:
DATE:
SUBf:
Don Ashr,torth, City Manager
Todd Gerhardt, Assistant City l.4anager
September 20. 1989
Award of Bids, City Hall/Library Rercdeling Projects
CITY HALL
B idder
Lund Painting & Decorating
Pink Conpa.nies
Page Electric
?/tt/])-
'ti),,.,rrri.r''l
,tt. ,l..iJI,rl
1/tiJ,D---
Attached for the City Council's consideration are the tabulated bids for the
City Ha11 and Library r--.nndeling projects. The work to be cdrpleted in these
Ewo areas were planned to be a pa.rt of the City HalI expansion project; ho\'eever,
due to the contractorrs schedule, the proposed work could not be included as a
part of Eheir contract.
the current carpeting and painted waLls in the City Hall and Library are
approxinately ten years old. They are showing extre(E signs of wear and should
be replaced.
staff has also expressed concern about the guality of lighting when working on
the computers, writing reports, etc. Included in the bid specifications are
sifidlar fixtures instiUed in the City Halt expansion area offices which are
designed to reduce Ehe afipunt of glare by insEalling a three-!',]ay switch.
The funding for both of these projects is included in the City HalI E,Qans ion
Fund. Staff reconnEnds award of the fol-lowing bids:
f
Contr
Pa ting
ting
Electrical
Library
Painting
Carpeting
Acoustical Tile
l4echanical
Electrical
General ConEracting
Lund Paint.ing & Decorating
Pink Coqoanies
Archi Lectural Sales of MN
A-I1ied Mechanical Systerns
Page Electric
Dean & Associates
furDunt
) Jr
$10,
$14,
200. 00
579 .00
975.00
$ 1,3
$ 7,2
S 1,2
$ 4,6
$ 2,6
$I4 ,9
00. 00
30. 00
46. 00
60.00
24.00
69 .00
AttachnEnts
Bid Tabulation Sheets '
Library Ronodeling Floor Plan'
1
2
v4
renovation of the existing structureremain under monies dedicated in Igggbonds were sold for this project. Biwe were able to add the Iibrary expanfunding. Todd has done an excellentcoordinating the remodeling efforts a(Adolphson and Peterson) determined tjob. In effect, Todd is now our gene
Manaqer I s Comments:AII expenses for
Approval is recommended.
the City HaIl expansion/
( painting, carpeE, etc. )
ds
si
As you are aware, no
were very favorable and
on without additionalb of obtaining b i ds,/er the prime contractort they did not want thel contractor.
jofr
ha
ra
11,2/.of.
F;
TABULATION OF BIDS
CHANHASSEN CITY HALL
AUGUST 2T, L989
BID
$ 3,200.00*
7 ,243.00
PAI NT I NG
Lund Painting & Decorating
LCS Painting
CARPET
Countryside CarpetPink CompaniesJerryrs Floor S tore
ELECTRICAL & ACOUSTICAL
Page Electric
* Low B idde r
$ 12,078.00
r0,579.00
11,636.66*
$ r4,975.00*
TABULATION OF BTDS
CHANHASSEN LIBRARY
AUGUST 2L, 1989
PAINTING
Lund Painting & Decorating
LCS Painting
CARPET & VINYL
ACOUSTICAL TILE
Architectural Sales ofMinnesota
Fobbe Acoustical
MEC HAN I CAL
BID
s 800.00*
t_,250.00
s 2,2t-8.00
2 ,062 -00
2,400.00
r,740.00'r
$ r,246.00't
1,300.00
ALT BID
$ 500.00*
1,200.00
,026.00
,073.00
5,800.00
s,490.00*
$8
6
O. B. of tUinneapolis andCarlson Automa t ic FireAIlied Mechanical Sys lems
>5
4
, t 20.00
,660.00*
ELECTRICAL
Page Electric
VanEage Efect r i c
GENERAL
Z as t ror,r-Nas se L
Dean & Associates
$ 2 ,624.00r,2,675.00
s r6,780.00
14,969.00*
Low Bidder
Countryside CarpetFloor Store, Inc.Architectural Sales of
Minnesota
Pink Companies
/
r)_Pr4N_llIAtL *;, _ -P TAI
IJ)
c)
,1
ETA|L __
CHANHASSEN
LIBRARY
EXPANSION
CHENHSSSIN| r1N
Eos
mcBnEcrs. sPAca na..(xs*TrA(e o€s6.arts
.'-:rllf:r_r. -,iJ{
-X,,Wlin4xL.+l:i -d-tL
REFLECTED CEIUN
PLAN & DTTAIIS
i_.1
,rF--
rO
I R FLEC IN
i).c Sa-Er ortaicl r
-
-
f -it j
A2
.,1i:.
,l:
I
I
J-
IIt
-
f
t
I
t
I{I'
t
,.:
.:t::.::
o-oeExr{c N EH# @-rN]=-!o9&!*t__;
..'r-'I a
?
iil
?
I
1
I
iiil
il
'f o
l
r ]: -- llLl ,"'"'- |
lE -"*-
I
il
11
+CITY OF
EHINH[SSEN
. i: ir (). ir.i..,i{.n
I r \i , rl,r I
MEMORANDUM
TO:
FROM :
DATE:
Don Ashworth,
Paul Krauss,
September 20,
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
/ ( l'.Y ldnnilnmfl
,t--FCity Manager
Director of Planning
1989
.i!-L41JlJ-
Preliminary
Subdivision
Plat Review for the Vineland Forest
P ROPOSAL/ SUMMARY
On August 28, L989, the City Council first reviewed the prelimi-nary plat for Vineland f'orest. The subdivision would result inthe platting of 2I single famiJ.y homesiEes on a ll.5 acre site.
One of the lots would be occupied by an exist.ing home with theremaining loLs made available for new construction. Access was
one of the main issues surrounding the proposal. The developerillustrated serving the project by a single long cul-de-sac from
Pleasant' View Road. Staff generally supported Ehe proposal but
recommended Ehe use of a "through-street" design that provided aconnection to Nez Perce Drive to the south. The Planning
Commission had earlier discussed the issue and was unable to
recommend a solution to Lhe access concerns. Due to concernsraised by staff and residents, action on the matter was tabled togive staff an opportunity to analyze alternative access conceptsfor serving the site and surrounding area.
On September 8, 1989, staff presented the City Council with fouralternative access concepts. It was ultimately determined thatAlternate #3 (see aEtachment) offered the highest degree of ser-vice for the p1at, surrounding parcels and neighborhood whileminimizing impacts on t.raf f ic levels on Pleasant View Road. Theapplicant was directed to prepare a revised plat that was con-figured to respond to this access alternative.
Staff has reviewed the current proposal and concluded that it is
consistent with the selected alternative. Until adjoining par-
cels are developed, "Vineland Drive", the street that serves thesubdivision, wiIl be constructed as a 900 foot long temporarycul-de-sac. The cul-de-sac "bubble" and the easement in lvhich itis located would be removed at such time that Lhe street is
extended.
/9
Mr. Don Ashworth
September 20, L989
Page 2
Staff continues to support approval. of the plat subject to
appropriate stipulations. We belive that in addition to con-forminq Eo Ehe access concept, the plat wilL create high quality
homesites that generally meet or exceed ordinance requirements.
There are, however, three addit.ional issues that warrantdiscussion. The first concerns access to lots locaEed between
Pleasant View and Vineland Drive, the second pertains to drainagev/hile the third concerns a variance to allow a Iot street grade
on Vineland Drive.
The proposal illustrates the platting of three Iots betweenPleasant View Road and Vineland Drive. The approved access con-cept places Vineland Drive 520 feet from Pleasant View, Theresulting site is sufficiently large enough to support three lotsthat far exceed RSF District minimum lot areas but it is notpossible to comply with lot frontage standards. As a resuLt, Lot2, Block 3 is illustrated as a flag lot accessed by a 30 foot
wide strip of Iand leading to Pleasant View Road. Staff supportsthe 60 foot lot width variance that results for Lhe following
reasons:
I The subdivisionprivate drive.
using it.
ordinance allo$rs serving up
In this case, there wilf be
to 4
only
l-ots off a
one home
2
3
The lot contains 31,I00 square feet and isof the 15,000 square foot standard.
greatly in excess
The lot width aLfar in excess of
An acceptable home site results.
the acEual building set.back line is J.45 feet,the normal 90 foot standard.
4
3 The city approvedin a comprehens ive
hardship since itpublic street.
concept is reasonablebut in this instancepossible to serve the
when rev iewedit creates aIot with a
access
manne r
is noE
Staff has several reservations with t.he drainage concept that isproposed. The applicantrs engineer has indicated that sufficientponding is provided to meet retention requirernents. Our concernis that the retention is provided in a series of three ponds.The ponds are generally small and pose long term maintenanceproblems Eor the city. In addition, the pond located on Lots 9,12 and 13, Block 3 severely constrain the utility of the rear yardof these homesites. Lots 9 and 13 are most severly impacted. Weare proposing that the applicant be required to obtain WatershedDistrict approval prior t.o requesting final plat since thedistrict may have similar reservations. we are also proposingthat. the applicant work with staff to refine the plans. We aremaking this proposal since revisions to Lhe drainage plan, if
I"1r. Don Ashworth
September 20, L989
Page 3
required,potential could result in alternatives to Ehe plat up toIoss of a 1ot to provide adequat.e storage.
the
The last issue concerns t.he design of the Vineland Drive connec-tion to Nez Perce Drive. As indicated by staff at the last CityCouncil meeting, a 10t road grade is reqiired to make the connec-tion. A variance is required to the 78 maximum grade permittedin the subdivision ordinance. Staff supports the use of thevariance for the following reasons:
1. It is tshe only tvay to serve the site from Nez perce due Eoprevailing grades. A road constructed to a 7t st.andaril wouldgreatly increase the amount of grading that is required.this would have a severe impact on adjoining parcels atongLake Lucy Road. We should note that even the proposed lOtgrade impacts these parcels and the applicant should berequired to obtain grading easements as a condition of appro-vaI.
The street design incorporaEes a landing area at the inter-secti.on. We believe this is a safe design compromise.
2
3 Vinel-and Place will ultimately have a secondan alternative for accessing the homesite.
outlet of fer i ng
4. There is precedent for using a lOt grade with the Trappers
Pass plat being the most recent.
At t.he September lI, 19891 meeting, the City Council expressed aninterest in having staff explore methods to insure that t.heselected access alt.ernative can become a reality. StaEf hasreviewed the potential for uLilizing Ehe official mapping process
as used for Highvrays 101 and 2L2 to provide legal standing forthe concept. We believe thaL this has some merit but noEe LhaEit would require that the city undertake engineering design ofthe entire road and complete a centerline survey. There would bea significant expense to complete this program. As an alter-native we would propose the following:
I. The access concepL is now a part of the permanent record andwill be used by staff in the future Eo prepare reviews ofsubdivision proposals on adjoining parcels.
To insure that aII future resident.s of Vineland Forestunderstand Ehe City's intentions we recommend Ehat the:
- street be paved up to the west property 1ine,- a barrier be erected at Ehe end of the pavement with a signstating that "This street. is to be exLended in the future",
and
- that a notice be placed in the chain of litle of each lotindicating that vi.neland Drive wiII be extended in the
future Eo connect to Pleasant View Drive.
2
Mr. Don Ashwort.h
September 20, L989
Page 4
Based upon the foregoing, staff recommendsplat for Vineland Forest be approved with a10t grade on Vineland Drive and a variancewidth aE the right.-of-way on Lot 2, Block 3appropriate stipuLations. Details on E.hesevided below.
that the pre I imi naryvariance to al1ow ato allow a 30 foot Iot
, sub j ec t. Eo
s tipula E ions is pro-
The proposed access plan for the plat has been revised to accorn-modat.e Alternate #3 as prepared by staff (see attachment). Weare satisfied with the design but note that there are a series ofother issues that warrant discussion. The question of thevariance to aIlow a I0E road gratle on Vineland Drive was discussedin the proposa l/summa ry. Staff supports it in concept butbelieves that the grading plan for the Nez perce connection needsfurther refinement. As proposed Lhere is a fairly significantamount of grading for side slopes occurring on lots located out-side the plat. Staff believes that by refining the design, theamount of impact may be rediced but we hrant. to stress that.grading easements must be obtained from these property owners.We believe that the developer should be responsible for obtainingthe easements and he has indicated that at least one of the prop-erty owners is willing to work with him. Staff is proposing thata more refined grading plan and securing of the grading easementsbe made a stipulation of approval. The final roid design shouldprovide a 30 foot Iong landinq area having a It or lowei grade atthe Nez Perce intersection.
We are recommending that Lhe street name be changed from VinelandDrive to Nez Perce Drive. Atternative access concept #3 resulEsin a connection between Nez Perce and pleasant. View Road. ?hiscontinuity should be reflected in the street name to avoid con-fusion. The Vineland Court. name for the eastern cul-de-sac canreamain unchanged.
Staff has requested that Outlot B be creat.ed to provide Lhe cityh,ith an opportunit.y to serve t.he adjoining parcel to Ehe east atsuch time that development is proposed. We are recommending thatthe outlot be dedicated to the cit.y for access and utility pur-poses. We are reluct.ant to all-cw the developer t.o retainownership since small outl-ots such as this hlve a tendency to be1et go tax forfeit over t.ime and are often not maintained. Analternative would be for the applicant to C.ransfer ownership tothe adjoining property owner so that it can be merged with that1ot into a single tax parcel. A last access issue concerns theundeveloped right-of-way of Lake Lucy Road which the planssuggest be vacated by the city. Staff believes that. discussionof the vacation may be premature. Although it is not. needed foruse as a roadway, Vineland Forest plans do illustrate using por-tions of it to accommodate stormrvater retenLion. We befieie thequestion of vacating the road cannot be resolved until drainage
issues described below are resolved.
Staff has reservations wiLh the drainage plan thaE stem from twoareas of concern. While the applicant's engineer has indicatedthat a sufficient volume of ponding has been provided(calculations have not yet been given to staff for review). Weare concerned that the plan calls for using a series of threesmall ponding areas to meet. the requirement. While this tech-nically complies it presenls the City with a long Eerm main-
tenance problem. Smaller ponds are more dif f icul,t to observe,they tend Eo silt in more frequently requiring a higher level ofmaintenance and they are difficult to access. es a policymatter, it would be our preference to require fewer, Iargerponds. Based upon past act.ions we believe that the WatershedDistrict may share this concern. How this issue is resolve couldhave bearing on the final design of this plat since lot lines may
need to be shifted or a lot rnay evenneed Eo be eliminated.
The second related issue is the impact of one of the ponds uponLots 9, 12, and 13, Block 3. The pond is large enough that therear yards of Lots 9 and 13 are compromised since a protecLive
easement. will be needed over aII retent.ion areas. There is ade-quate room to accommodate the homes but use of E.he back yard
areas will- be limited. We further note that the home on Lot 12is proposed to have a basement elevation of 1009 feet while theponding area has a natural overflov, of I010. If the outlet pipe
becomes plugged the house may flood. we believe it is advisableto locate the basement elelvation at. Ieast 2 feet. above the oondflood elevation to provide a safeLy factor.
Staff is proposing two stipulations to resolve these concerns.
The first is that Lhe applicant be required to obtain WatershedDistrict apporoval prior to reguesting final plat approval fromthe City. At the same time we are recommending that he work withstaff to repond to the issues that have been raised. This willallow any adjustments to the plat that may be required to beincorporated into t.he final plat.
There is a farily extensive amount. of grading that r.riIl berequired to develop this plat. An erosion control plan should berequired to isnure that impacts are minimized. In addition torequiring the use of erosion control techniques the plan shouldrequire the establishment of ground cover on alI disturbed areas.
The impact of grading on tree removal remains a concern. Staff
continues to recommend that clearcutting be prohibited and that atree preservation plan should be provided to staff for approval.
Drainage plans call for constructing a dam as part of an outletstructure near the east property Iine. The dam will be 22 feet-
high and disturb what is now a forested area. We believe lhatthe impacted area should be revegetated with a mix of compatibletrees to minimize visual impacts and help Eo stabilize the severe
Mr. Don Ashvrorth
September 20, 1989
Page 5
GRAD I NG/DRAI NAGE
slopes. We also feel that the final grading plan should bedesigned t.o minimize the loss of matuie oaka. A suitablereforestation and tree preservation plan should be prepared forapproval and financial guarantees for instalLation included inthe development contract. We are also concerned as to the struc-tural safety of t.he dam. We are therefore recommending that theplans be reviewed and approved by a professional engin6er.
UTILITIES
Mr. Don Ashworth
September 20, L989
Page 5
The following easements and ROW should be provided:
1. ROW dedication for al1 platted streets.
Temporary road easement.s over the temporaryend of Vineland Drive. The easement iould-whenever the st.reet is extended.
Preliminary utility plans are generally acceptable although addi-tionar refinemenr will be required uy Ltre rnlineering oeliitment.The plans currently provide the saniLary sewer conne6tion toPleasant View and the watermain loop belween Nez perce toPreasant view Road has also been incorporated. Ar1 water rineslocated in Vinetand Drive shoutd be increased to an g inchdiameter pipe to insure adequate E1ows.
EAS EMENTS /ROW
2 cul-de-sac aL thebe vacated
3
4
Outlot B should be dedicated toIity purposes.the city for access and uti-
Drainage and utility easements over all storm eraterareas, access to these areas for city crews and over
S ef,iref S.
ret.ention
s torm
5
6
Standard drainaEe and utility easements over each lot.
to accommodate the roadway con-
lines locat.ed outside the public
the plat andIt was recom-in lieu of
Grading
nection easements asto Nez Perce
required
Dr ive.
7 Utility easements over sewer
r ight-of-way.
PARK DEDICATION
The Park and Recreation Commission has reviewedfound that the area is served by existing parks.mended that the City accept park and trail- feesparkland dedication.
COMPLIANCE WITH THE ORDINANCE
RESIDENTIAL SINGLE FAMILY DI STRICT
I5,000 90
2L,700
I6,700
60*
95
Lot
Area
r7,500
3r,100
29,000
Lot
widrh
II8
3O-VI
Lot
Depth
I25
2L2
L57
152
r80
205
Wetland
Area
Home
Setbacks
N,/e 30,
10,
front
rear
s ide
BLock I
Lot 1
2
J
4
5
Block 2
Lot 1
2
L7 ,7 00
15,200
15,200
15,600
15,200
r41
145
r.16
I33
r37
N,/A
N/A
N,/A
N,/A
N,/A
0
0
U
0
0
0
0
1i
,o
42,
20,
20,
L9,
20,
I5,
13,
I5,
I5,
200
575
900
230
900
480
600
540
700
7 50
000
95
77*
77*
95
75*
50*
50*
140
r1s
100
108
160
26U
260
lsr
r51
169
140
r28
ls0
159
L44
N/A
N-33 |
s-52 |
N/A
N/A
N/A
N,/A
N,/a
N/A
N/A
N,/a
N/A
N/A
N/A
E-I6 r
w-34 |
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N/a
N,/e
N,/A108
L20
103
r00
Lt7
118
3
4
5
6
7
I
9
10
I1
t2
l3
Block 3
Lot I
2
3
Mr. Don Ashworth
September 20, 1989
Page I
CHART
The following comments refer to the chart on the following page.
Iots are located on outside curbes and cul,-de-sac having
90 or more lot h,idth as measured at the building setback Iine.
The ordinance is somewhat uncLear on dealing with a1I these
siEuaEions but handling these without requiring vari.ances is con-sistent with past actions. Staff will propose clarification tothe ordinance to resolve the mat.ter.
Variances Required
V1 - Variance to allow 30r of 1ot
V2 - Variance to permit a section
STAF'F CO!,IMENT
frontage for
of road grade
Lot 2, Block 3
at 10t
Overall we believe the applicant has made progress on the pro-posal and the major question of access have been resolved.
Drainage still poses a problem but means to resolve it have beenproposed.
Staff has one final concern. The plat illustraLes Outlot A as a16rx 552' long strip running between Lot 1, Block 3 and pleasant
View Road. This strip accommodated an existing driveway thatwiII become redundan! when the nev, street is constructed.Previously in this report, staff outlined reasons to avoid thecreation of smalI, unbuildable outlots with no defined purpose.Therefore, we are recommending that the applicant. eit.her makeprovisions to seII it to an adjoining parcel or keep it combinedr,rith Lot 1, Block 3.
RECOMMENDAT I ON
Staff recommends that the preliminary plat #89-8 for VinetandForest be approved with t.he following variances:
VI - Variance Lo allow 30rof lot frontage for Lot 2, Block 3
V2 - Variance to allow a IOt grade on Vineland Drive
and subject to the following stipulations:
1. Obtain final plat approval and enter into a developmentcontract with the city and provide the city with thenecessary financial sureties t'o guaranE.ee proper installationof the improvements.
2. Final design and approval of utility, drainage and streetplans, incorporating conments contained in the staff report
Mr. Don Ashworth
September 20, L989
Page 9
and attached report from the Engineering Department. Detailedconstruction plans and specifications, including calculationsfor sizing utility improvements, shal1 be submi[.ted for approvalby the City Engineer. A1I construction shaII be in accordincewith -MnDOT specifications except where modified by the City'sstandard specifications. As-built mylar plans wilt also berequired upon completion of construclion.
ObLain Watershed District approvalplat from the City and comply with
prior to requesting
a1l requirements of
3
4
6
Change the name of Vineland Drive to Nez perce Drive.street shall be paved up to the western property 1ine.shall be erected at the edge of the pavement indicating"This street is to be extended in the future',. Noticestreet extension shalL be placed in the chain-of-t.itle1ot in Vineland Forest.
final
approval.
The
A bar r ier
tha tof theof each
Dedicate Outlot B to the cityposes. Outfot A should eitherat the time the final plat isI, Block 3.
for access and utility pur-
be merged with adjoining lotsfiled or be recombined wit.h Lot
Provide a tree preservation and erosion control pLan prior torequesting a grading permit. The plan should strive to mini-mize tree loss. A Iandscaping and tree presrvation planillustrating the reforestation of the dam, proposed is part ofEhe outlet structure, should be submitted for review prior torequest.ing final plat approval. A financial guarantee coveringthe cost of landscaping should be provided with the developmentcont.ract. Plans for the outlet strucEure should be eviewed andapproved by a professionaf engineer.
7. Provide the following easements
a
b
ROW dedication for a1l platted streets.
Temporary road easements over the temporary cuI-de-sac atthe end of Vineland Drive. The easement would be vacated
lghenever the street is extended.
Outlot B should be dedicated toutility purposes.
the city for access and
Drainage and utility easements over aIl storm waterretention areas, access to these areas for city crews andover storm sewers.
Standard drainage and utility each 10t.
the roadway
C
d
e
f Grading easementsconnection to Nez
as requi red
Perce Dr ive.
easements over
to accommodate
Mr. Don Ashworth
September 20, 1989
Page 10
8
I0. Upon final plat approval the applicant shall
two mylar copies of the plat, one reduced tothe second at 1" = 500r scale.
g
Park dedication and trail
parkland dedicat ion.
fees are required in lieu of
Minimum basement elevations will be established by the CityEngineer based upon final grading and drainage p1an.
Util-ity eaements over ser^rer lines located outside the public
r ight-of-way.
9
supply toI" = 2001
the cityscale and
ATTACHMENTS
Revised plat documents for Vineland Forest.
Back up material on previous actions and reports concerning thisproject.
l-
2
CITY OF
EHINHISSEN
690 COULTER DRIVE ' P,O. BOX 147 ' CHANHASSEN, IVINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO:
FROM :
DATE:
SUBJ:
MPauI Krauss, Director of Planning
Dave Hempel, Sr. Engineering Tech
September 20, L989
Preliminary Plat of Vineland Forest Addition Submittedby Merila and Associates dated l"tay 30, 1989, Revised
September I9, 1989, File No. 89-13 Land Use Review
San i tary S elve r
The saniLary sewer alignment is the same as previously proposed.
However, with elimination of the north access to Pleasant view
Road, the sanitary selver and watermain will not be within streetright-of-way. Therefore, utility easemenLs sha1l be provided
over the plat to accommodate Ehe utilities outside t.he street
r ight-of-way.
A11 sanitary sewer services should be 6" PVC as per the City's
standarC specif ications.
Watermain
The plans propose a looped system to be constructed f rorn the
existing 6" line in Nez Perce along Vineland Drive north lhrough
to t.he existing I2" line in Pleasant view. The looped water
system consists of ductile iron pipe (DIP) 6" to 8" in diameter.
To insure sufEicient fire flow for t.he area, all water lines
should be 8" in diameter with the exception of Vineland court.
Streets
The plans propose a standard urban city streeL (3I ft. wide back-
to-back) within a 50 ft. right-of-way with the exceot.ion of two
areas. The first area is at the entrance Lo the site frcm Lake
Lucy Road. The current right-of-way is 40 ft. wide. The right-
of-way should be expanded to 50 ft. wide with any additional
slope easement.s that. may be necessary. In order to verify exact
slope limiEs for t.he proposed access road, the applicant should
Mr. Paul Kraus s
September 20, L989
Page 2
have a survey crew take cross-sections of the existing con-ditions. The second is at the north end of Vineland Drive wherea tempoary cul-de-sac is proposed. The tempoary cuf-de-sacextends outside of the right-of-way provided. A temporarystreet easement should be provided for this area unt.il such atime when the street continues westerly at which time the tem-porary easement would be vacated and the cul,-de-sac removed.
Street grades range from 0.50t to l-0t. Since a I08 grade exceedsthe maximum grade allowed by the Subdivision Ordinance (78), avariance wi 11 be required.
Grading and Drainage
The site grading remains approximately the same as the previousgrading plan submitted. Extensive lot grading is proposed overLots 4 and 5, Block l and Lots 9, 12 and 13, Block 3 to createbuilding pads and detention pond areas which will in turn require
some tree removal. The proposed side slope along the south endof Lot f3, Block 3 is approximately 2.5:L, which is very steep.In order to establish vegetation and from a maintenance stand-point, slopes on all lots should not exceed 3:1. As on theprevious grading p1an, the applicant is providing another deten-tion pond to be constructed between Lots 5 and 6, Block 3. Thisdetention pond includes a control structure to maintain the pre-
developed runoff raLe and provide adequate storage for a 100 yearstorm evenE. This design should be reviewed and approved by aqualified soils engineer. Due to the Eerrain around this deten-tion pond, access for maintenance will be very difficult.Therefore, it is requested that the applicant provide a 15 ft.wide easement through Lot 6, Block 3, on level Lerrain foraccess Lo this detention pond for maintenance purposes.
Erosion Control
The plans do not indicate provi.sions for erosion contro.Lmeasures. An erosion control plan should be submitted and includeerosion control fencing in acordance with the City's Type IIIstandard. A1l side slopes greater than 3:I shall be stablizedusing erosion control blankets. The siLe should be seeded andmulched immediately af t.er rough grading to minimize sedimentrunoff over the site.
Recommended Conditions
1. Appropriat.e utility and drainage Iimits shall be provided
ove r
A11
aII lots.
water lines shal-I be 8" DIP except for VineLand Court.2
The applicant shall acquire the necessary right-of-way and
slope easements between Lake Lucy Road and the development.
3
Mr. Paul Krauss
September 20, I989
Page 3
4 The applicant sha1l provide the City wj.th a temporary streeteasement for the temgorary cuI-de-sac on Vi.neland Drive.
Variance required for I0t street grades.
The applicant shall modify the grading plan t.o limit slopesto no greater than 3:1 (Lot 13, B1ock 3).
Provide a 15 ft. wide easementtion pond across Lot 6, Block 3
for access back to t.he deten-
5
6
7
8
9
The control structure between Lots 5 and 6, Block 3 shaLlreviwed and approved by a qualified soils engineer.
The applicant sha11 enter into a development contract withLhe City and provide the City with the necessary financialsureties to guarantee proper installaEion of theimprovements.
be
10. The applicant shall obtain andthe Watershed District permit.comply with all conditions of
11. The developer shall dedicat.e theof-way and easements Lo the City
utilities within the right-for permanent ownership.
Detaifed constructio! plans and specifications, includingcalculations for sizing utility improvements, shall oe sib-mitted for approval by the City Engineer. A1l constructionshalI be in accordance with MnDOT specificat.ions, exceptwhere modified by Lhe City's standard specificat.ions. As-built mylar plans will also be required upon completion ofconstruction.
l1
13. An erosion control plan shall be submitted for review andapproval by the Ci.-y Engineer.
14. Upon final plat approval, the applicant shalCrty 2 mylar copies of Lhe plat, one reducedscale and the ot.her l'r = 5 00 t scale.
1 suoplyto I" =
to Ehe
200 |
lr
0.' -'t'----"-"-"'.tr\'.--.-"" ----"-"-'----S --:::'."., ./\. -...>----"--------..--./.t
:s
'2
't
fm
a
z-t
!
mltl
,l
o
rl"r !.-@:_ "t.:-
i,. -1
:!jt
fr--
I
I
t!
tilr
ri
it
I
.u
i!
:r
:!
5l
!
/:=a{:--:.-i:-
r-- i.i)li,iri
il!
.:l
:-z-.e-.\J
!
3M! a!" t
::lIIlll! E
trEttfi:t -
r;ii: i lrrrll! r i:r-
o
1
o
e
5
s
i!:!;t;ti;ii
! li!:l!::!5rr:ii1':l. riEll
l!ili!;r'!;ii
.lD
\Y
iih
L':l
i!'I
!!'
rl
I
5
I
LI
1l
E
l:l al:
t'srll
' :ul
| :1tr
t I:
o
-
,/t..
I
t--7-
t.
lL
t.'
ri
I
I
r
I
U
I
I
t ttII
i
i]
-,-l
///
JU-4
.\/.:Ji v
5 EMERILA :+--.i#i.',E=l 5. ^<.so,ctATEs
L..--'
' $6!r€rd{r sr*nYro ,t Ar..o
PNELIMITANY PLAT VINELAND
FOREST
I I
---.1
I
{.x
,,rl
I
!ip
I
I
I
1t...'i
I
I
t-!co
If,
I
I
I
iiili
f,a
'11
ji
JJ
tiii
\\:I
-
m
l-Cof,iJ
,o
0
lr
eg
!l
ii
.l
!l
t;
i
l'
," \l::. l,.n
't'Y,!;'',
\,i lf lj
.\ r.tj:,.
\
i.rr
;i
Ir
i.;r
c
I-t
I !f
z-.t
I
\
\
I
';n.
ri
lr
ii
L'*
,*t+:ll
ai
lt
l:
!9.;
li
ir
i'
h
F
E
6a'!
o
I.1 ! t--.61
Il
:
.i)
t- ",
)
IO
ltm
If
m
,a]]i
i
I
a
I
I
t:rDlol
\e
lll
"(""')I . rr:
8
t
,1.-
ti.
)t,
I
I
t
"D
(I _t
I'i,!Co
I
:0
pP-Z-:
I
1I
I
l
i
I
I
!
II
i
ii
l
li
I
I
I
i
I
AT,,8
firTI
,ru
,ru
^t{
'4)\il
\\
-{
I
I
I
I
I
I
I
\
,^.llll !J:ll;1, llf r..r (
I ifr..r r\
E-,-_lLo'J
t t
t'-.l'-
ll
5
I
q
^{,
(
li
r--i6i;--'ll^L"l
L"r,"J
,
./-.,,
\
/
l
Irli
tI
5
PNEIIMII{ARY
CRADINO PLAi.IlE=l MERIIA i::jjfii:-
&ASSOC|ATES ''.-""',"',lE-.'J'-r.Li ..J
--'-'-' - JtAt-
s;116t'VINELAND
FOREST
I
I
I
\
rl:
I
I
I
ri
irIIi
I
tr)
I
i;[i
I
II
I
lt,
ltll
il'l
/:
liilirliril!rnrliiiii!i
1
I
i
I
I
!
'-t
I
i i
(
/r
1i
I llll!
I
--t .\=
-*-o----i-
I
\
\
\
'llli':l
-F
:
tl
t"i
I
N
il
-rt!:
E-Z---G-
I
I
c
1t-'-i2''
-1 -
!t-m
i
fit'n
o
*$l'---- i-', Il.---- ,-- u,'-:: 'n r
I
I
\=:rz
iii 1'co
I!
o
"DiY
.^.llll !J:l l;1, lf tr..r r\
5
G)PRELIiIII{AY
UTILITY PLAN
VINELAND
FOBEST
EMERILA Eii^:lE*E EA5SOC|ATES '-.i."""
lifi..rr\
I
rltln
,.,I '
----1
I
lx
I
t
I
I lrl
::; );i
,t-.",
i:\
)j,
,/tl., li
1
i,
li!l
I
I i:,
i;il:
illlrriiliiili tiilltiil
i
I
€lrr+JrE6(l gJq'€i r rtrMiro
I
I
"1o"*'"
Ii,
i
)l
I
i-.= -
E.
'5,
o..
&oloo
[- o
o
I
I
I
I
I
,l
'-l>:al>lzt.tl
slmlal
ttr
a
i
I!I
,!'.I
t-
I lill
i-r,L,'i L i..l l..li..t li.l.:it.tAt,4
a
t
,l' E.9
I
B
o
e
r!.\ -
II
Or>tol
I
I
."rlttIt
t'
I
{
E
6
)
D.
o
x
P
2i
o
g
E
I
I
I
(. Ll i'l I'l I ll r:: I I i\ i.,4
A
i_
E
I
g
E
,i
l---
,/
I
-l
>r2l
:l
mtE
alol
Ei
I
I
tr
l!
llt;
.,:,
ll
I
I
t,
['
ll:
!!
E
ff l;
rl
!I
I
I
I
I
"lr-lrnl
-{
1t
i.)__
ir{i ,:: U t..:r.rii,ii;il.i\i.,i
Ac!
5li
!o
o
t
t
II
{
I
:
q
ii
-"\
!
l5
t!
ei
br
.I
ii
s
A
P!^t GEAO|NO.
6 UT1LIY PLAN l?ii4r-
-.Jtt4--.-r
VINELANO
FOREST EMERII.AEra &ASSOC|ATES
atoirti$o $a\trri€
I
I
I
I
I
i
I
I
I
I
I
i
I
I
I
i
I
I
I
I
l
I
I
I
i
I
I
,.:t'
I
I
I
I
I
I
I
II
CITY OF
EEIfrNHfisSEN
690 COULTEB DRIVE. P,O. BOX 147 . CHANHASSEN, N4INNESOTA 55317
(612) 937-1900
Don Ashworth, City llanager
MEMORANDUM
TO:
FROM:Paul Krauss,
Dave Hempel,
DATE: September 8, 1989
Alterna Eive
Subdivision
Director of Planning
Sr. Engineering Technician
Access Concepts for the Vineland Forest
#89-8
SUBJ:
BACKGROUND
Access into Ehe plat is the primary issue. Area residents raised
concerns over traffic on Pleasant Vie', Road at the Planning
Cornmission meeting with the result that the Commission v/as unable
to reach a consensus on the p1a!. Staff recommended approval of
Ehe plat conditioned on the addition of a southern outlet fromthe p1at, using Nez Perce right-of-way t.o intersect with Lake
Lucy Road. The inclusion of the soulhern outlet would result in
the creation of a north,/south connection bet'ween Lake Lucy Road
and Pleasant View Road and also provide a second access as
reguested by Public Safety.
At the City Council meeting further discussion on access issues
was heard. A series of revised access concepts were introduced
by an architect representing homeowners Iocateal on Pleasant View
Road. The CiEy Council ultimately voted to cont.inue the item togive staff an opportunity to review access alternaLives.
Development of Alternative Access Plans
Prior to preparing alternative access plans staff considered a
number of issues. These are described below as follows i
L Access plans for Vineland Forest should be designed to
not only the site but also adjoining vacant and under-
developed parcels in a comprehensive manner. Eor the
poses of Lhis analysis, we have defined the study area
serve
pur-
as the
On August 28, I989, the City Council reviewed Ehe preliminaryplat request for the Vineland Forest subdivision (see Iocationmap). The plat as proposed iflustrates the creation of 21 singlefamily lots accessed by a cul-de-sac from Pleasant View Road thatis approximately 1250 feet long. The proposed plats and. existing
homes are shown on an atLachment.
{EooI
I
ooI
I
oog
I
o
I
ooc
J,
ooro
I
.l
^
Lnt
CLEctRlt
ooro
oI
I
ooF
I
I
oo
@
ooo
I
o
l,)
H ENNEPINL AC LANE CHRETMAS
ri LAKE
LA
STUDY AREA
L L Y
PROJECT LOCATION
,>
LAK{ LUCY
L
3
LOCATION iIAP
\
'J
I
l
ST
E
I
o
F
(
A
4"
E T
\
i,,J,
U I
S
rIl
f
a
I
G,
L
F
llt'
LA KE Ailltl
1
N
It
s
trvo
Pzetvzpr ]/teut
a t
Prfr
\
Poot,
lt?
E ,!_{
EACE r)l,-.t
I
\
\
\
I
_t 7-eo'
\{VINEL
I-ii-I ND
t-
/./kE ,/. ue
- foRR6--F7;i,'
I
I
II
I
I
I
I
t
T
-\nffia-t'torrgg ,-
I I t--_
I
Err I
aeo4D
t
I
I
t
)
PROPOSED PLATS /EXISTING HOMES
Mr. Don Ashworth
September 8, 1989
Page 2
Potential Access Points into the Study Area
I. Pleasant Vi er^r Drive
Street functions as
access. Grades and
feasible along much
Iand located between Peaceful Lane on the west, pleasant ViewRoad on Lhe north, the Fox path neighborhood on the east, andLake Lucy Road on the south. We acknowledge that these par-cels may not be developed in the sarne time frame. However,we believe Lhe overall access plan is essential if adequatefevels of service are to be provided while minimizing neigh-borhood and environmental disruptions. Existing plaiting-andneighborhoodrs development pattern should be taken intoaccount to maximize feasibiJ.ity of the concept and minimizeneighborhood disruotion.
Given the size of the study area, staff estimates thataoproximately 55 homes could eventually be bui1t. Eachsingle family home wiIl generage approxJ.mately I0 trios perday. This estimate is based upon the access ind deveiopirentconcept plans Ehat are oresented in this report. The plansattempt to provide lots consistent with city developmentstandards. In our opinion, to adequately serve thi! large anarea a through street connection is warranted. The connec-tion is important to being able to provide adequate levels ofservice for local resident.s and reasonable emeigency vehicleresponse times. From the standpoint, of the faiger,surrounding neighborhood a north,/south connection is con-sidered to be of benefit for traffic flow and emergencyvehicle access since it would be Ehe only connecti5n betweenPowers Boulevard and Lotus Lake-
Traffic levels on Pleasant View Road are a consideration.The street carries a fairly high traffic volume and is on thecity's state-aid system. Recent counts taken by the cityshow traffic Ievels of somewhere between 960 and 1300 ADi
( average daily traffic) at the Vineland Forest site. An ADTof 1000 is commonly thought to be the dividing fine betweenlocal and collector streets. portions of the street exist asa substandard design exacerbating traffic prcblems.
The access concept shoutd result in a high quality residen-tial environment.. Significant stands of trees and wetlandsshould be protected. CuI-de-sacs should be created wherefeasible.
3
4
There are a series of roads and undeveloped rights-of-waycould provide access into the stualy area (see attachmentj.was reviewed to assess its feasibility for extension intoarea. These are described below:
Lha t
Each
the
a collector with east/wes tsight distance make accessof the frontage.
Advan t.age s
2.
.-..": i_: f
CHRIs
fMAs
EL
t;
8
I
I
..'.'1.."
I
t"L
t
I
.1
l.aj
--l
,I
."1.
-\-
vl EW:ROAO
o
--r2
vox
t,
,5[
9i
sr"
, , ii,r .; tl' '-{,l'.,....,r
't
I
L,
gE Ac$
--l*
CARVER
J _'f,l.
ACREs
aj
I
/'.-.+
CHRI slruas
'1
o-f 'll
.. i.
li- ;
i.{
1 gi,.:i'::i'! "u-.
q{
\
oa
i
at
+-
1
I
3
A
i;
POTENT I AL ACCESS POINTS
--.. -t - - __-
.t
a
..t
I
,.4
--r--
I
I
I
it
.;
I
l
I
/
',I
I
Di sadvantages
Fox Path
Adva n tage s
Di sadvantages
Park Dr ive
Advan tage s
Disadvantages
Kiowa Drive
Advantages -
Disadvan t ages
Street
carries
i mpac t
is built to substandard design andhigh traffic volumes. Neighborhood
and t.raf f i c safety considerations.
2
Ability to use an undeveloped, dedicated right-of-way, north/south alignment that could serveto create street connection, while eliminatingan existing over-Iength cul-de-sac.
Connection is extremely difficult to make,to severe grades and environmental impacts.A1so, potential neighborhood opposition inFox Chase if through street considered. Itis not considered to be feasible.
due
3 ( Nez Perce )
Provides good access to the south videdicated right-of-way (40 foot) andaccess to Powers Boulevard via Lake
Road .
a undeveloped
has
Lucy
Grade on Park Drive is a concern. However,upon further investigation it was concludedthat a rnaximum I0? grade \,eith a 40 foot longlanding area at 28 grade at the street inter-section could be provided and that gradl.ngIimits are acceptable. Staff believes this isa reasonable alternative from a design stand-point. Sketches shor{ing street profileopLions and grading limits are attached.
( Hopi Road )
Undeveloped dedicated right-of-way followingsimj.lar alignment to buL east of park Drive.
Very difficult grades are present. Street.construction would resuLt in extensive treeIoss. Staff guestions if const.ruction isfeasible. Access t.o powers Boulevard is notdirecL. The streets is presently constructedas a dead end serving several homes.Although right-of-way is dedicated t'o make aconnection to Powers Boulevard it is unlikelythat such a connection is feasible due Eowetland and ponding areas.
Mr . Don Ashwor t.h
September 8, I989
Page 3
4.
Io
---.\_-:\l\\l \
h'"\'
)hr)
ltlz_
l7r I .t+
$
T
1
N
lto
I
20,,
SCALE
I INC H =a O FEE]-
(
F
7
--Ao8-lo bo'COO --'N
-t LEJGY_-t
-<LEG END
Developer' s Grading Limi Ls
I0t Grading L imi ts
7t Grading L imi ts
/\ T -/ \! /\ {-l_, /--1 l \.,---ffi
::tt:.1:ii!,iii:itti'.t::
,.,".;:i;,,. |,.im
1= 50,/t
€2 , "-1O/
oa i
,+
N-+--
15
t__
A
)t
//
t?.
_T.T_rTr:l ' I
fTrTr:r-r .
L
1lF
ffi
-t-ffia_rrTltl,, IflfTFTTT-- r i l
o
/
[_
\Ir
\t
GRADING LIMITS d
DR Eo O)oO t o)7 tbB
lLrM_-ro1tco
I r!. '- to ZA +2
I
I
I
f,
I
a
I 1-
::1.:.::lI
:
I I
':..:.::*e/&ol
:k:
. \J.
8,
Q':$
$
Iri
\.N
:s
.Vr'{z
-\
u
+60o
.-
6
gEo .ZZe O':,:
osro. /oV GR.4A!
..:\:/aZ;O:
\
.&unaa'.$*uu a. TceoiE 'l a:
sot TH..ACC ESS,S
.:
.--.-.-F.-il
T.REE.T. ,PH
,t 'r-
+I oo o q.'l6a
F,t t.E:
i.No.Sheet No.of
'l .l 1' :::r :t ' :'
.\
.::.x.
Sheets
Mr. Don Ashworth
September 8, 1989
Page 4
5. Peaceful (Redman) Lane
Advantages -
D i sadvan Lages
The street is intended to serve the pleasant
Hills plat. The plat was given final approvalbut has not been fi1ed. Plat approval willexpire in October. Access through this area isreasonable and without serious difficulty.Provides reasonably good connection to the northwith easL/west connection via pleasant ViewRoad at a good location.
Approved plat (which probably wilI expireOctober) may limit design options. Wouldsti11 result in the introduction of trafficonto Pleasant Viev, but this is off-set byshort distance to Por"/ers Boulevard.
Carver Beach Estates6Outlot A,
Advantages Undeveloped right-of-way toProvides good access to the
Lake Lucy Road.
south -
I
D i sadvantages Grades make access difficult. proximity to
Pohrers Boulevard may make connection redun-dant.
Alternatives/Comment
There are a large variety of alternatives for serving the studyarea. Staff has attempted to limit the number of alternatives tothose which have been discussed previously and a new alternat.ive,that in our opinion, represents the most. reasonabLe remaini.ngoption. The alternatives that have been studied are describedbelow along with comments derived from review criteriaestablished earlier:
This alternative is essentially the access option proposed bythe developer illustrating serving Vineland Forest by a longcuI-de-sac from Pleasant View. The concepL has been expandedto illustrate how the balance of the study area could beserved in a comprehensive manner.
Comment - The option illustrates the ultimate construc!ion ofa street Ioop between the originally oroposed Vineland Forest/Pleasant View intersction to the Peaceful Lane dead end tothe west. The alternative will ultimately provide a streetloop that should offer adequate service internally within thestudy area. Construction of the street J-oop would be con-tingent upon the decisions of other property owners todevelop Lheir 1and. As illustrated, the northern stub streetin Vineland Forest has been eliminated since, as proposed, it
pzcazur Veu-,
P"at
/.lkZ ,/.ue Eotzt
G a
rEi
€
(-7-
I
o
fl VI EL
/ORE T
D
A
t
I
EIL t
ALTERNATIVE 1
P'r
E
EACE
P
Al
t
I
S-.r.a Poruees&yo
I
a
-[.l^tglZ
l
N
It
jzo
- ' ,'*G2g'
-t
&ro
Pzervtttr (t eu.t
{
P"ot
A
/lkz I t-tc.7 Eo*ta
f
Y
7-tOe
?
tt IN EL ND
T
I
t
t
I
\
,
Jd rElZ \t
Etrb E
(
EACE
PH
a
\
I
\
ALTERNATIVE 2
t
I
I
_ .-t
N
I I
(_
fJ,it
P.4/uAA/r (teu-,
/,ikE /. u z.7 Eo*,o
fllq E
\
\
\
\
I
I
I
I
-fow{'P
ALTERNATIVE 3 (
Pfi
I
fl I
I
I
I P"ato
I 7--o
{
_t
I
I
I
I
\
a
N
I I
S
&ro
EACE
€
P A
Pzavzur y76a,
P"ot
tr It
/lkE z uz.lZo*zt
E
*fY
+E
fl
?-eo.
€VI EL ND
/
r OR T
I
r
(
I
t
E
ALTERNATIVE 4
I
-lr*t62
a
2
cannot be built without the removal of a home on the
adjoining parcel. This revision has been repeated in thethree remaining alternatives as wel,1.
Connecting to Pleasant View from Peaceful Lane rather thenthe original Vineland location to the east, could have abeneficial traffic impact. We believe this would result from
Pleasant Lane's proximity to Po$rers Boulevard that should
help orient traffic to Ehe west rather then east along
Pleasant View. The streets appear to be feasible from agrading standpoint and environmental impact is not
excessive.
There are two significanL problems with the alternative. Theloop street concept results in the fact that all of the traf-fic in the study area wiII be required to use Pleasant View.
The second concern is that it does not provide any access otthe south thus eliminating the potential for a north,/southstreet connect ion .
The second alternative is the dual cul-de-sac optionillustrated by an architect working for the Pleasant View
area homeowners. To aIlow for a reasonable comparison thealternative was expanded to create a comprehensive accessplan f or the s t.udy area.
Comment - This option Lends to split the access burden with
most of the traffic exiting south to Lake Lucy Road.Ultimately a connection would be made to the west to PeacefulLane. A smalf portion of the traffic would exit directlyonto Pleasant View at lhe original Vineland Forest intersec-tion.
This afternative can be reasonably construcEed based on gra-
des and environmenLal impacts are consistent with normalresidential development. There is a north,/south street con-nection but the alignmenE is quite convoluted which presentsa problem for through movements. Distance traveled will behigher as wiII emergency vehicle response times. Again,construction is contingent upon the development decisions ofadjoining property owners.
Staff altempted to start with a clean sheet of paper tocreate Alternative 3. The concept is based on a street looprunning from Lake Lucy/Nez Perce to peaceful Lane.
Comment - The alignment is more direct then the one describedin Al-ternaEive 2. Street construction is reasonable, aI1study area parcels are served and high quality residential
environments wilI result. The south I of the Vineland plat
remains largely unchanged. The Peaceful Lane connection iscontingent upon the vacating or expiration of the Peaceful
3
Mr. Don Ashworth
SepEember 8, 1989
Page 5
4
Mr. Don Ashworth
September 8, 1989
Page 6
If this option is not acceptable to
mend that Alternative 3 be selectedestablished criteria while providing
nectsion.
HiIls plat (due to expire in October). As with AlternativesI and 2 the construction of the street loop is contingentupon development decisions of adjoining property owners.
The final alternat.ive is the original staff recommendationexpanded to illustrate serving the entire study area. Thestreet connection between Lake Lucy Road/Nez perce andPleasant Viee/ is probably the best alignment for meetingaccess needs Lhroughout the neighborhoods surrounding thestudy area since it is centrally located bethreen powers
Boulevard and Lake Lucy. As such it may afso have a greaterpotential for introducing traffic increases onto pleaiant
View. A significant advantage is that the connection couldbe constructed immediately without requiring the par-ticipation of adjoining property owners.
STAFF RECOMMENDATION
Staff continues to support the original access conceptillustrated as Alternative 4. Our reasons for this position areabased on the advantages of Ehe alignment for the north/south con-nection and the fact that it could be built immediately withoutrequiring participation by adjacent property or,rners. The impor-tance of the last factor shoutd not be minimized. ConstrucEingstreet extensions after a neighborhood has been deveJ-oped isoften a controversial process.
the Council we would recom-since it meets the
reasonable north/south con-
Alternatives 2 and 3 would require a substandtial redesign ofVineland plat. If Alternatives 2 or 3 are selected we would
recornrrend that the reguired be returned to the Planning
Commission for review of a revised plat based upon your direc-tions regarding access.
the
The Council should be aware that city staff does not have thecapability to prepare an indepth analysis of trafEic patLerns.
We believe the data presented in this report is reasonable baseC
upon our knowledge of the subject. If a greater understanding ofthis question is desired a consultant would need to be retainedto prepare a computer model of Ehe area, Idhile this would pro-vide valuable information, it would involve additional time andcost.
The Council should also be aware that regardless of which optionis selected, easements must be provided to construct sewer andwater lines north Lo Pleasant. View.
City Council lEeting - August 28, 1989
4. The appl icant shall
A.
suhnit a revised ptat changing t,ot 2, Block t to Ottlot
AlL voted in favor except corrnc i l r,rrnan Dimler who ol4:osed and the motion carriedwith a vote of 4 to I.
l4alror Gmiel: Care to state }'our reason?
@uncilman Johnson: It doesntt matter.
Councilwcman Djmler: Thatrs wh}, I voted against it.
l'
@uncilwqnan Dimler: I just think there's too man:, rrnanswered qrrestions. Iwourd have liked to have seen it tabred r.rnti 1 r.e can establish o-wnership of thathouse. If it irdeed has been sold ard...
D. PRELTMTNARY PIAT To suBDIvrDE 9.5 ACRES rNTo I8 sINq.E FAt4rLy tgrs, sourH oF
PLEASANT vrE^] ROAD AND EAST oF Po{ERs BLVD., \AN EEcKHotlI BUrLDrt\E coRpoRATroN.
counci lman l^trcrlsnan: r guess rrLl just let Jo Ann go at this. r think Jo Ann, Iassune that this was not goirg to i- on Ehe @nseni Agerda ard now rr,ould be theappropriate time to discuss it.
Jo Ann olsen: the reason it shorrld be p:lled off the clnsent is r bet ieve scrneof the pubric is here ard the major issues are wheEher or not there should be athru street. A connection to the south and staff is proposing or recormend ingthat tlEy do have both the north ard south connection. ore to rake tucv ardalso one to Pleasant View. The applicant wants just hhe connection '
f,:crn Pleasant View with a cul-de-sac ard the neighbors on pleasant View wish to,the!' even presented a proposal with two cr:r--de-sacs and no frow thr,. so i.t,sjust to allow the prrblic to speak. Wetre noL chargirg ow stard at all.
l4ator Chniel: Before $,e hear the prtblic, I believe tiat I4r. Eeddor worrld Iiketo address thj.s. I think what rre probabl:, should do is see a presentation
from I'{r. van EeckhouL as Eo lrhat he is proposing and wher:e he'! coning frorn andthen address tlE issue a! thaE tire.
Gluck van Eeckhout: r assrrne r,re're aLr familiar with the gener:al location.
l,ler re south of Pleasant View ard we've got approx jmatell, lg lots in thissection. 3 more rots rp above her- -- that r^e're proposing. !E originarly cane tothe Cit:, ard discussed Ehe concepr of how to aevefop this piece oi pro$rty. i\&3were talking about cennections to Eox Glase wtrich is on the east side of ttreproperty or the [Ez Peroe area which is to Ehe sorrth. i€ were told thah there
r"rere serious grade problans which trrfned out to be abont 17? going to the east.something arourrl r0? going so[th arrl these were in excess of lne cit., standardsat the time, I,,le also had a srbstarxlard right-of-wa:, cordition to thl sorrth sor went ahead anj acqrrired anothcr: piece of pr.op,--rty aborrt L50 fL.eE wide goingoff of PleasanE View. i,le did qrrJ.te a bit of r,prk on planning and grading andmaking srrre the Ehirq wor- ked right ard th-- rot sizes arrl so ior:th.- vE then di.da propos.:I .ahich 'norrld show a single access to the no,:th. I very much pr:eferthe concepE of beirg able to develop a co[mrrnit]/ j.n here r:ather -than a pass thr,rsitr,tion wlrere people corrld kind of identify ,ith a ve.y nice little aiea.
t_
I
2q
t-
City Cormcil tteeting - Augrst 28, Lggg
Frank Beddor: I'ry name is Etank Beddor.Road. The unfortunate part...{r wife and I Iive on 910 pleasant View
Itrs all wooded ard this pl:oposal then was reconmerrled for approval by thastaf f . At that time r,e '.Jent throrgh several di.f ferent eranning cqrmiisionmeetings ard it evolved at the first meetirg these folks ,.r. \i"r,1, much againsta south connection doun here- the next meeting or so the pleasant view fotkscame ard Ehe)' were very mrrch opposed to this coinection .p here but wanted tofnize i! go all the way through. the next meeting tney proposed that v,e haveonl')' the access to the sorrth ph* a short cul-d+-sac to the north. so m:,proposal is that *e deverop this piece by going north Eo preasant view. rbelieve it's consistent with a[ tr:e ,onirq ai prannirg ordinances anlI. beLieve in having spent sorne time on it ;ith scrne good professional people,this plan does represent Ehe best use of that properiy. it is feasibli frcrnevery point of view. physically. se!,rer and water ana so forth and wirl providethe kird of neighborhood that r think is very desirable. tt p"oi i" ""r.tyaspect is a].so a positive factor in r believi you have less crj-ile "m 6"i;fnuilqrye t:'IE activities when you tnve an area where therers not a r.ot"of thrutraffic. rt contains less than half the nr-mber of lots that r believe Eox chasehas off of one access ard I don't bel ieve there are anl, stardards that vrouldindicate that trttting these 2I lots on this one accessl if it's properll, done,erouLd prevent any particular safet!, or traffic problsns. f reouLd be happy toansr.rer an!, questions.
|4ayor *rniel: AIe ther:e any questions by co'ncil at this time? If none. I{ehave, 1,1r. Beddor asked to address. Itrs )rour trrrn to ccme up ard please state:rour nane and your address.
I Coluci lman tso:rt: D(cuse me. you need to strEak back by the mic. If yor.l r.^tanE tomove that stand. lJc one is goirg to be able to hear yorr.
rr,layor Ctrmiel: Right. IIE e,onrt be able to pick it rrp on tl:e recording.
Frank Beddor. Thatrs the first tjme anybody said they cDuldn't hear me. rylord voic- r wouldn't need the mic. !,le think it's rniortLrnate that originalll,the develope[ wanted this prog3rt], to be accessed to the south. Tle uniortunatepart uas that evidentall!, the City or staff thought that tle grade was too steepanl had recormerded, or scrneone reconmerxled that he bu], the piopettl, offPleasant View Road. I^Ietre concerned abon! the safety on pt eisant view noao.
S* * first got invol-ved tvro planning Cormissions awa]/, we also thorqht that athru street rnrcrrld be r,,or thwlri Ie bllt after talking briefly with *rrrck tfredeveloper ard then havirg a chance to strdl, thaE lraffic pattern, \^e felt that'deven be raDrst to have a thru street. Arrl it,s m:, ,rxlerstinding thaE yorr also donot want, hrherer s Chrrck? you do not want a tLErr street right?
(huck Van Eeckhout: That's correct.
Frank Beddor: So the develolEr doesn't want a tir_rr street and q,e don't uant athru.street. Since that tifie ,"e asked orrr architect. to meet with Lhe Cit!, tosee if it's feasible to lEVe access to this property frorn the south. Filst as
:/or l can see, their plan, the original plan is a very lorg crrl-de-sac.
Cottnci Lrnan Bo1,t: Erank, if vorr don't go back by the microphone, the peoplewatchirg this on 1\./ can,L hear vorr at all.
2L
I
City Council l,feeting - Augnst 28, l-9B9
Todd Gerhar-dt: You can take the mic off there ard hold it in yorrr harrJ.
Frank Beddor: As you can see by Ehis plan, this is a verlr, verl, Iongcul-de-sac. I rqnember when rte were puttirg in 5 or 6 Iots at Chri stfias Acres,tlpre was strenuous objection Lo a 590 foot crrlde-sac and we,re tarking about
L,zgg f'.€-E. So hre do not want to stop the developer. [.]e,re not askirg thatthey have larger lots. he ask that the cormcil take a rook at another proposar
ard that is, wtrere vort r,rculd access off to the souti, ard you can still get lglots in this area and you'd tnve a short crrl-de-sac ccrning off preasant view.In the futrrre, vou corrld have a loop by takirg this access that's alreadvproposed on both plans, here and heie.- I thi;k it,s called Porest ideei anathis could run back ani loop to the souti. I€ do not want a thru street asstaff has reccnmerded becarrse that's going to erxl up as a short cut for trEopleto go down to ltl I0I ard it really is a dargerous street drivirg on pleasant
View. I mean an:,M!, drives down that road to go to TH I0I, you can be drivingas carefull], as :rou want ard scne other idiot on the $rrong side of the road,yourre going to hit them so it is a dangerous situation. tlow $Je realize vou'regoirg to rose a few trees here on this side but rte thi.nk when it ccmes to pubricsafetl, arll children's lives, the trees are not t}re big issr:e. It is m:,urderstardirg, fron our archiLect Dar:,l Fortier, ard i,d have to ask slaff ifitrs correct that the grade is now pei-missible or C;ar1,, we do have a grade herethat would be permissible?
Gar:, Warren: Cotmcil has approved rrp Eo I0? grade J.n certain sitrutions.
Frank Beddor 3 so the grade is no longer a charrenge ard r tried to get a holdof (huck a corrple times today and we played terephone r3g b.t my wif6 and rtalked about it. chrrck, we'd be happy to buy that propeitl, frcrn 1,ou for 1,orrrcost becaree vre real-ize vou r,Ent. orrt and bought the propertl, jrst to developthis. This part.icrrlar piece of property. So v,e are- vei1, int3rested in thesafetl, aspect. !^le're so ,-nterested in the safety aspec E of pleasant View Roadthat m:' wife ard I are right now in the process or movi.g our driveway over 40feet becarrse of the traffic. t^re want to come orrt, thereis a little kioll, r"e
wanE to cqlle orrt at ttE knoll so we can see boEh ways becar.se p€ople come ontoPleasant View Road ver--I, fas!. Ilts wide open and then as
"oon- 1,oi, get past ourplace., it gets very tight ard \^re think this r^rouLd serve the conirLrnifl,, iafetl,and the developer to cone into the sorrth aM vorr u,orrld have frrtrrre aicess for ifthere is other develognenE to this direction by a secordary road. r worder if Icottld have, can I ask DaLl,I Fortier to fi]l in anythi ng f iorgot on this?
Dar'1,1, could yott fill in anyChing else here that f might Lrave missed?
Dar:rl Fortier: thank yort. Irm Darlrl Fortier. Eortier Architects. The oneissue I r^orrld like to point ollt that E,:ank perhaps didn'E mention ard it goeswith yorrr previ.ous discrrssion. Carver Beach Est;tes, when it was planned anunber of years ago when rncrr went Ehr:orlgh Ehe approval process, specifically hadt\,.f, orrtlets or tr,() access points tc serve the property to the north and that,sthe priopert!' that is now developing. It does rrake sense to have a loop forpublic safetl,- so :rou have tho walrs in. !$e Ehink orrr alternate plan can pr:ovidethat. t'te i"orrLd poinL ouE in contrast, if t",e go to the other pran which -is beinqp}-'oposed by the developer, he does have tr^,o futrlre accesses and bhis is going t5take the nLmber of rots from 2r to sqne gLeater nrrnber. Mrch greater than 21.Thi.s whrole area wilr now be deveroping oir of Eorest str:eet an6 this area rrphere wiII aLso be developirg off of the nor.therlv streeE so ue believe the
t'
t
t
22
{
City COrrciI tEeting - Augrut 28, L989
pro[Er planning for this area, as it was master pl,anned sqne :rears ago with thedevelotrment of calwer Beach. yo'' have tro access points to it. we'd rlxe tosee those turo points deveroped. rtnt's alr r havt to add. An], questions?
I,ayor Grniel: yes. Cqnirg down to the south, yourre sayirg that hprrld j.nterconnect wi th Nez Ebrce?
DaIyI Fortier: Thatrs correct.
l4a],or Ctmiel : vlllat r s the width on llez perce?
Gary Warren: The actual roadwal?
l,layor Cfrniel : yes .
carl, lErren: It's a little bit less tlun our 2g foot section.
Dar:rl Fortier: I had the oFportunit!, to go out ard measure l'Ez perce as weLl asPleasant Vievr. Ihetr both cane in identiciUy at 20 feet.
Cnuncilnan Bo:rE: Thatts what I r.ould have guessed. One dif feren.,e ttDugh isthat utnt rte might call Iake Lucy Road is q,:i te a bit wider.
l4alzor Clmiel : Yes.
Gary 9larren: Ihat,s our stardard 29 foot curb to gutter.
l6yor chniel: r know that preasant view, here jrrst not too many weeks ago,right at the s turn wtrere the stop sign is. As I stopped at tha upper portionto make mv trlrn, ard as I made that S turn, sqneone wil ahost on m1, side of theroad.. I rtnfortunatley scared that rarrnan so badll, I was afra.id she 'was going togo into the lake. I reall), fetr bad but r was hugg ir.rE rhe ;i;"-;; i]I .. rcorrld go bllt that's not the first time u,trs haptrEned to me there. rrve hadthat 2 or 3 different tjmes. I don't know if anyone else has had thatexperience but there is a 10t of narrowness with that road as far as pleasantView is concerned. There's noE much hope for widenirg tnat .oJ wiir,ii'tnattrErticular area because therets even a garage that abirts r:ight rrp to tl'.e eoge orthe.road.. It's a1l private propert!, right there. I'm not sayirg tnatcordqnnation corrldntt take place to widened it brrL I don't th-ink that houLd bethe intent at this tjme. I,ll throw it open for discussion.
C.orrrci Iman i^trcrknan : Mr'. I4alror , m!, onl!, coment. was wtpn I saw this originallywas it appears as thorrgh it kird of swi tched a few times. The preasant vj.ewHcrneov,ners are fairly r.EIl organi zed and more por.Jer: to thern. tq cancern i.s thenwhat are rE p'ttirg on the peopLe on }tez percei As r rook down r,rez perce there,thatrs going to be the straight shot onto Ke,:ber and then j_nto town. It rrorUdappear. I don't suppose an:rlody r^rourd take cR 17. Nez perce is a narrow r-cad
31So- lnle I re makirg a serection between one narrow road ard trle other. I don'tknow how v,err tlre ftez perce trEople are organized, if they're here oL- not. I4aybenot.
Dar]'L Fortier! rf r could address some of those poi.nts. The iss'e of thesrrbstandard access point here has already been dj.scrrssed with this protrErt:,owner. fb qDuld certainfv be willing to assist in widening that tigfrt_of_way in
{
I
23
City Council }Eeting - AugrEt 28, l9B9
exchange for the vacation so rrerd have 50 feet through here. !,$e are pltting
most of this traffic onto a 28 foot road. I,lez perce is 20 feet as is most of
Pleasant view. the issue here realry, to alleviate traffic on both of theseroads. Not one over tlle other but both of thsn is to preclude ant, trE-u traf f ic.If you have thru traffic, you wirr allow peopre to short cut this direction and
csne onto Nez Pe].-ce or vic-e versa. TheI, can short cut this watr ard ccrne onto
Pleasant View so ttre biggest concern v,e have for Srrbl ic safetl, is to precludethe ttuu road. The secord issue then is how do !'ou get a loop circulationthrough tlere for plbl ic safet:? If you cqne ofi ttre north, 1,ou are E:tting agreat dear more onto Preasant view. That is becarrse of futrrre develotrment. rf
:rou ccfie off the south, yorr are pltting both of thsn onto a road which isalread:, 28 feet wide ard not necessarill' onto l.bz percE.
Counci Iman !'Iorknan: Vlhat Irm saying is your re assuning that thelr're all goingto hed r^rest. If I were goirg to head downtown to set r*, watch to the clock
down lere, I vDuld go dohrn, straight dovnr l,lez perce. Ihatrs definitelv theshortest path. That's alL t,m explainirg so while we're keepirg it oft of
Pleasant View, wtrich is certainllr a positive aspect of this pJ.an, !.re're assrming
Ehat eve(ybod1, is goirg to go out to powers ard go souEh or north to whatever
the]rr re going to do and that Nez perce, re already have a fairly clngestd areain that area with park ard eve(]rEhirry else right there also so I donit think r,Jle
have any Less of a serious concern in this area. So ehile he,re transfering, Idonrt know if werre transferirg or not. Malrbe that's tle wrorg word but one
road or the other is going to get a lot more txaffic and neither of thern areprepared to harrlle it. So when we're makirg a decision between pleasant View
and the llez Perce trEople, that. puts @rrncil in a Eough position so that's wh!,
Irm askirg for help.
Frank Beddor: I Ehink one difference is thaE this is a much strai.ghter road ard
Pleasant View is very t,ris!}, arrl trrrnv. Then it's kird of l,lez pe[ce's turn. See
we got Fox Ctrase with 4I hornes. I,€ w3re then trying to get a southern access Eothat develognent so we did get EhaE to add to pleasant View. But I think thatif rre had another map that extended orrt vourd see how twisty and turn!, that
Pleasant view is and I think frqn a safetlr starxlpoint, Ehen therers no contest
betheen both roads being the sa:ne Iength because this is a straighter run andtherers not as man)/ blird trrrns or S trrrns.
Counci lman !^Jo,.knan: And again, vorr're righL. There's an awful lot of thepictrrre missirg. !,lhen people cqne solrth out of this new addition, you're
assrming theyrr re going to go r,ESt. Blt r*ien they come ont to the north, lrou'reassrmirg Ehe:,'re goJ.rg both 'wa1a. I rm assrrnirq that theyr re also goirg to go
both reys on Ehis.
Frank Beddor: I assrtrne they're going to go both vrays her:e. Both this r,€y andthis wa1,. Irm assunj.rg that but this road is, if you drive this road ard drivethis road, then there's no contest to me.
I4ayor Ctrniel: !rl-.rre talkirg ,:otlghly 18 lots. 36 cars at 2 cars per farnily.
Connci lman Johnson: I have a qresEion for Dar l,l I think. If he did this pLan.
llhere that, I guess itrs Eorest. StreeE, if yorr want to nse that nane for it,that nev, proposed strieet throrqh scrnebody elses prolErtlr. It rrrns o[t there and
takes the qrrick 90 ard goes south. Is there access at that point or is that
sftlebodlr r s lot?
r
t_
I
F_
24
t-
Dar]'r Fortier: Thatrs a dedicated outtot B r believe it's carled or ortrot A,which has been...for future access
carl, I6rren: Ihe City, if I could address that, the City has a s,arrant:, deed onthat as a result of the- Carver B"u.h;;a;;J. one qrrestion I have nnybe for JoAnn, tlF Art O\dens Vineland plat, has tf,ai-.xpi..aa
Jo Ann Olsen: I'm prett), sure it's expired.
Garl' I€rren: Because this rooping access is a big irnpact on tlat plat hhich atthat point in rjnre the Cit], nai tik*,-."ii;; ;o ".:, rhar eie reall], didn,t needthat outlot for access and rre hent ,itf, -ti,.".,-J_ae_sac
opgion for the O^ren , sproperty.
Councilman Johnson: IE r€re going to vacate that?
Gar], Warren: Until such time as the O.renrs plat di.dn,t proceed, Ehen r{e choseto get the outlot.
Cotmci lman Johnson: About a \rear ago. lt. qren I s ras going to develop theother side of the water tower vrhich ttren sali L no Iorger needed thatright-of-way wiich r.ve reserved the year befoie'r"rnen he pratted that trErticulararea. That area .igha f!:.::. the ieveloper qu*ru * a right_of_wa1, to giveaccess to tlp next deverolment norEh. si;ira; to L'hat ;';;-t"itrig lartier.?hen *e're goirg to rr"".G it ,r,e., li ,;;-;;-i";* needed so Ehat vacariondoesn't take becarse the plat expired.
c'arl' warren: the deverognent contract carled for Beck-Kevitt deveropers toprovide rs with that outlot arrl r know roi---r..t Ehat qre did obtain Ehat.
Cotrncilman Johnson: hle also !,ent to vacate j.t a. lrear.later with the Oc.n,s platbut if the olren,s plat didn't go tf,ro,,jn, -
cfren Inua alOr,,t get vacated.
Gar::, I€rren: t{e never formally vacated it.
City Corrncil I'€eting - AugrEt 2g, LgBg
Coencilman Johnson: I4Ie never formally vacated Oka
Gary Warren 3 tr{e have a fee title rurtil, t}rey jr:st gave it to rs.
Cotmcilman Johnson: So that is there for frrtrrle develoFnent? It makes sense tome' r agree. intre do not $,ant to connect Nez per.ce straight thr;,rg;-thi" area toPleasant view' yolr csuldn't rmagip no, ^*y-.r.=. J'm srlre the cornprterscotlld chunk orrt a nr.rnber for yorr ind lotr'd le- amazeO at how manl, cars raorrld thentake that short cut throrrgh tlrere insiead or go:.ng orr. to cR 17 ard down Eodowntown. The folks rnorrrd crrt right throrrgh 6at s,rnoivision, throrrgh Nez perceard it uorlrd make it far wor se to both to fiave iE c.t crear thriorrgh. Tb have itcorne from Pleasant View dor.vn, go qlesE and then go back down to where vou,realnost back our ro cR rz, makes ir ro where ;r i= ""i *iIn.i"" "il=ani.',,nn. 1bwtlere the people instead rnrcr rld take it aff, tfre vL1, o,rt Eo CR 17 on pleasanty:I:_ :: :.t:r words, tar<iru lrre option Liri! pr:opos.o by rhe develop=r. ardseelng that frlErrre connection into there. r+e-nave orrr th. accesses 1€ $JanE forpttblic safety' The piece of Ehe p.zzle ttrat;s missirq ;."-trr"'piil # i.op..ayinbett"een the Lleo thaE has to be ptattea to have a r:oad that connects the EeJo.
,!
t
I
{
i. r.
I
But that inakes, to me prrbl ic safety sense to have an access fr:om the south brltnot directr], fron frez perce. r'm not srrre what the roads are. r also agreeEhat Pleasant view is over used. r don't know if ove!- used i.s the riqht wordbut Preasant view doesn't deserve more Eraffic eiEher but then the aeieioper- irasa piece of property hets trying to deverop. I,rhat rights nu'" 9of-to-ti,ut. Heowns both pro.oer ties.
Darlrl Fortier3. I might add a cftment to that. Itre plat that :rou see, that I,veprepared i.s srightrl different than the deveropers on tt= issul of a street tothe i.,est, Forest t-ane. rrve realigned that. i've taken sone liberty with thatsketch- lyith the overwiew ard at a prevJ.o.s plannirg conmission **ti,q tr,u..lrere severar msnbers who suggested that that street shollld be realigned. I^Ievrc.urd leave that rp to oouncir ard staffrs opinion of course but th6re is scrneI ibertl' in Ehis. It is not a direct rep.e"eitation of his pIaE.
councilman Johnson: l,lhat r raDuld like to see actuarly is how reorrld Eo,:est fitthrough tf,e propert], next to it? EVery piece of this puzzle has to connect tothe next piece of EtE puzzle. yes, werre givirg you a 50 foot right-of-eay toget into tl,e next piece of property but is it in trre rogicar plac5? t^le cannever guess what's going to happen over there but r.E can see itt Lgg foox. Noteven I00 foot. 50 foot. !,lb can see the contorus and see tlat therers nointerfererces for 50 foot but what happens as :/ou go frrrther vrest ard sor:th offof the develolEr's proposed Forest Street?
Gar':, Warren: Council has seen it before. Even the Art Oren's property is agood exa.nple of the fact that the crrr-de-sac option is mor:e aEtiaciiu.- fo. ununloer of reasorE with deveropers. rn fact that was the argrment that councirborght into at the time of Ehe Vinerane preliminar:1, plat r^rai the fact that itwas-a.beEter, more appropriate lanl rrs;e and therefori Ehe:, didn't want tlE thrntraffic concept there. I think that the):e mal/ be a ccrnbiiation sonepLace in themiddre. The vinerard prat had reft an access to Ehe easE for receiv'i.rg a roadcoming here. l4aybe instead of the U al ignrnent. here, an S type au:angernentwherein the connecti.on is stirr to pleasant vieh, Road but ills an iriirectaccess so it isn't as attractive from a thrrr tr:affic standpoint. r have a rotof.difficrrlEy buyirg inEo tr|3 fact that carwer eeach people, ard werre talkingopinions here but that the carver Beach people rould toot< to this thr-rr route asan alternate to get to TH Lar riecognizirg as werve said here Ehe difficurties onPleasant View Road. Itrs jnst hard for me to believe. i€ realll, haven't hadalr Ehe docrrnents i.n fronE of us Eo Eake a Look at all the pieces arrt maybe asCorrrci lman Johnson J.s addressing, that similar to vJhat oras done a lrea r or so
?9o: The Stratford Ri@e area, west of Mj.nnewashta parkwalr. l€ actuallv
dec ided to rook at a more comprehensive approach. cec a good direction 3n thesethirgs ard perhaps Ehat tnuld be prlldent it tnis Einre is Lo u1, Eo pnt scrneconcepEs together for that gener:ar area from a develolment scherne siandpoint andthen get back to Ete deverop-.r anl srrch. Ard I know tnat that takes tGe bLrttherers a Lot of good ideas that are corning out of herie that I think n*"d to i)eaddressed.
City Corrncil I',leeting - Augrrst 29, Lggg
r'layor clrniel: And I agree with that. I think !,8 have to plt rlr the prrzzletogethe,.. Chuck, I was goin; to ask lrorr. Wlat. j.s vour date Eo start i,orrrparticular project?
chrrck van Eeckhout: AborrE the first of Angust. [,le have looked aE alr thesethirgs ard I thi.nk...it's been Lz ot L4 weeks slnce rne first appr ied ard r,e have
t_
LL-
26
100ked at a rot of things. !,tru,ve talked to a Lot of [:eople and as the archiEectr is pointjrg onr, rhe oplions ttnt are availabre ro., j."i-t Jiifo out rr:.s
I ::urrlnS hele. The options have been klcrked out and a! 1,ou can see here, while
I .:r=i'.e not connected, rne do have a street here that's poj.ntirq off to ihe west.l r^E have an access back to t\Iez perce *rich is, as counci rman .lofrnson has pointedout, ver:, close to_G' 17 ard vJould prevent this person ard this person frcrngoing down here.
.
Ortting back through here and 6ack and going tiris rmy,. ItrrDuld not be practical so all the Council lrculd be facea tiittr" in ErE future issdne sort of control to see to it that there q,as a connection betheen point Aard point B- Not too difficr .t ard nc amor:nt of stud!, is goirg to reatl:, solvethe Srrzzle because sqneone ma}, liant to come in here "na pri in'u Lul_de_sachere. There's arr kirds of wal. to connect point A *itir'poini g. That's whaty.ou really r.rould be concerned about in my view so I don't think this isinccnpatible at all ard I don' t bel ieve ih.t "rr1.*o." studl, is goirg to prwidean]' more information. Ib get that secorrl access, arl rre have to d; is ;onnectthis point with this point if it's de€ned necessar.!/ at tlre time this develolmentcomes in. Ncr,, this develolment nlal, not \,iant to ta-ke advantage of this accessard then that v,ould have to be looked at. such as this acceis here which wasleft for the futrrre but it left us with a l7B to 202 gxade r,itr;.cir
-is just notpractical.
City Cor:ncil tleeting - August Zg, lrggg
Corrncilman Johnson:of rrotrr Forest tane?
Poor planning. b }rou know wiro olins tot 5 there? Just off
{
Ga,:y !,farren : Ihat t d be Art Ourcns .
Chuck Van Eeckhout: This lot here?
@rrnci Iman Johnson: I can I t see it fLorn lEre.
cary Warren: This lot here?
CorrnciLman Johnson : lrlext one down.
Chuck Van Eeckhout: This one here?
Corrrcilman Johnson: yes.
Ctluck Van Eeckhout: llo, I do not know wtlo owns Ehat. It mj.ght be Joe'rr"-undrers. I think he owns 4 brrt he might own g also. so .l5e ,rr.*undle possiblyowns this. I can't sa:, that for certain. In fact I believe he does. in factrrve tried to talk to hirn several times ard we've just missed connections.Because hers not interested in serl ing at this time he's indicated but thatlrDuld be a logi.cal extension frcm here in sone fashion th,aough here ard Iberieve vou'd mai-ntain srrfficient control if vou,ve got thi.s access and thisaccess to do wha teve! worr wanted in hete. rf yon wanted this connected or not.
Corrrci lman Johnson: So vourve got t!!o more o$rners in thi.s puzzle.
Mayor: Clrniel: Chrlck, I think it,d probabl1, be best for the Citl' for rrs to do alittre more studv on this and r don'|t h,ant. to delay yorr and I k-now yorr'retooki.rg Eo get this staLted bnt I thi.nk ure have Eo Erlr Eogether ali the piecesof this p:zzle so ,ne know exactl], h)here everything ls going. I worrld allnostsrrggest ard Lecoirmerd that t,'E table this for at least within the next 2 weeks
I
27
Cihl, Council }4eeting - AugrEt 2g, LgBg
can this data ard information be gather:ed?
cary warren: !$e certainry can rook at it. rtrerers another point that reratesmalrbe to l,tr. Beddor's offer here ard that is the utilj.t:/ ".*i* *rat -tfre
C;.tyis interested in, esl:ecialry tl.e sanitary **., is to connect to preus.It'iie,Road. That -is very atEractive frdn an eivirormentar stardpoint uecause itprevent us frorn having Eo go doi^rn a slope into Fox Grase aia thereis sqne landissues there that if lhe nortr,e.n piece for example isn,t includJ it-tr,is ti*",tre'd still want to have the easanent to rrur rrtir-ities br.rt i rouiJ-tr,i"r i" zFkr E,T he can get with the developer ard other parties rrere iJ iiirq tnisrs a conclusion -
Jgl'r. V?n Warter: Iry name is John von l^tar ter. I rive at 510 preasant view ricadwhich.is nral,be half a mire to three q.rarters of a mire t...-tn -J.""iognent inquestion' rn the rast 3 0r 4 years ireasant view keeps getting a.tnpea'on witirall _these deverolments. !'rerve got Eox chase, r.ox ttorlow] lrear -l,tounL in,
lrndgJen Bros. right now. is putiing in another one. rhere's going to be morel'lear l'buntain stuff that's goirg to be conirg in pretty soon ard alr of us knowwhat PleasanE View is alread!, wi th the ,rp un6 do,",n, tni fett "na .iltri-anaIittle visibilit]r. Three of ry neighbors have alreadl, had head_on ioifi"lon"ard almost. v,eekl:, scrnebodl, goei off the road and throirqh soneUoa"i"-[;O. I,ve:=^I1d:-hi!. It': just- too. dargeror:s. Everl, single a.".iog1.-nt-r.iie fraaopElons to go sorneplace. else but we keep shoving thern back on pleasant view.
:??l= :: l::::^]-!': soirs to crack ard do r.e have ro wait untir scrnebody sersKlrreo or somebocrl' gets hurt? I think rae shorrrd start rooking for other ways ofputtirg sqne of these. Thank lrort.
I4a:ror &miel : There,s a motion on the f 1oor .
councilman Bolt: Befcre we move on that, if r might. A c.oupre of thirgs. I.trowas ever-ybodlz knov, preasant view is j,rst an accideit lraiting i" -r,ipd". '' pleasanLview ard Erontier Trail are probabr! trro of the worse roads that we've got inthis citv. And ver the inevitabre -is thar no ;"aa;;-*t i;;;ti;.-;J sive trrisdeveJ-opnent, if Ehel, want to go to TH r0r, how do yorr think tr..,ir6--o' to setthere? They're srlre not going Eo go arorurd rotus iake to get t6 rH iOr down tothe sorrth. The:r're goirg to go over to pleasant View. If that
^aun=-
thu1, n u"to go ove.E to CR 17 to get Eo pLeasanE Vie$r, thatrs how they,re 9orn9 io ao ltbecatrse that's the short3st.vJav to get to fH faf. Anl I'lI bet lou inat nornatt-r what access hE gJ.ve. it, that if so:nebod:/ wants to go to TH I0I, that,show they're going to get there- Ther:e jr6g isi,E another choice.
Councilman hTorknan: BilI I grress I suggest that I never cross pleasant ViewIiving south of here. Once Irm on cn li, f go to Excelsior and go over on TH 7unless Irm trt irg to get...
Cormci lr.roman Dimler : To get to TH l0l?
counci ljnan vbrkran: yes, if I'|m trying to get to ,Itj LgL, the stuff that r want.to geE to on 1H I0l is at-TH 7 so once ,o,, g.t onto CR t7, I don't know whor'D,rd $rant to, unless yo.'r-= o't for a iice'farl drive. i ri.,a rt rnrrch easierarrl less hectic for me. I.nevel go that walr. once I,m on cR 17, lhere,s no r^,avIrm going to take a right into pleasant Viei.
t
28
IEL-
t-
City tbtrncil }4eeting - Arrgrrst 28,I9B 9
corrrcirman Johnson: There's a lot of people who do. r've follovred thsfl c]earthrough tltere. Startirg frcm TH l0I all the walu across.
Courci lran Bo}rt: I gr.ress itrs kind of wlrat vorr're used to and ma]rbe :rou,reright. I doni t know. I jrrst know that G li, when :.ou get into 'exceisior isnot a ver-I, direct connection to rtl 7. you'ive got to go through town. yourvegot to stop at Ehe stop signs. you get on IH 7 ar:d LA6 ard 1,ou,re faced with areft hand turn that's a charrenge and r'm jrEt saying that n6 matter hohr qe
access this, r think q,e're goirg to put more traffic on preasant view. As Johnwas salring, I think as other-- develolments corne along, the same thing is going tofollovr. I discovered today, pleasant View has a 25 mph speed Umiti
I'4ayor Ctuniel : yes.
Councilman Boyrt.: licw often do t€ enforce that?
Resident: IJever.
counci lman Bolzt: And we had Ehe same probren, r'rr assune that that's kind ofthe general flow of it Jim but. r,,e had this sarne problsn come up last lrear. whenI'lear l'trormtain was in and discrssed their, what I guess is a riitrt han& turn thatthe:' couldn't make or werenrt supposed to be abre to make. r Lhink it ccrnesdown to among other things, no matter how m.ch traffic is on pleasant View, thespeed isn't enforced there ard that contributes to what,s already a badsi trution .
Jeff Mann: rry nane is Jeff Mann. rrve been on pleasant view Road for a fairrl,short tjme. About I year brrt I ns€d to live here about 3 lrears ago anl I liveclose. I've been amazed at how the traffic,s picked rrp in- tne tirie that r,vebeen gone. !,tre live in the o1d house on the hiL]. Used to be owned bl, lheOsgood: and werre fairly close. I,€ see a lot of the traffic there, miybe inva:.s that others donrt see it. rE's like a race track. I^Ie're right oi thutcurve. Irve alflost been hit twice in one year right by my own hoirse. I'vealmost been hit once down by that one poini ttrat .rou were-hit. The concern Ihave, to yorrr point Cormcilman Boyt. I think it,i a very good point. I thinkif vorr route traffic orrt, tLE!/rre stilJ. goirq to come Ua-X-tnrorrqn but thefe'sone major point that no oners brought rrp. rf qe arlov, the traffic to drrnp offat the point irdicated on pleasant Vj.ew Road, it's right where there's a niff.Okay? l,trow it's one thing if people go out to CR 17 and then make the choice tocqne on Pleasant View Road ard enter into the traffic paltern at that po;nt. ryconcern is that if they enter: at the point that iE's grrrrentll, planned, it,sgoirg Eo be worse. It's goirq to be a lot worse becarrse they're go ir-rg Eo beentering close to where therers the hill . The]:ers enorrgh blind spots-on
Pleasant Viehr Road now and I think we're go i.rg to take a sitrution that,s badand !^,e're going to make it qorse. Thank you.
Councilfian Bolt: Gary, I'd like to enconr:age yorr to Iook at, since we're goingto apparenEl:, table this, come up with a road patEern that sort of follows Ehegrade throrrgh that undeveloped area. I think when',,e look at Eox paLh, that,scrazy that rne corrld ever thj.nk that Fox path was going to contime on to thewest. So rnaybe at this poinb qxl can cqne rrp with scmethirg ard j.rdicate arrlfigrrre orrt a wa)' that r,^r-- could indicate Eo these prolEl t!, owners plan on havinga road that connects at these tlto places ard here's one possibi)-ity that willwork. I think that a lot of chis trlrns on orrr abj.lity to connect sornewhere. I
{
I
donft like a I,200 foot cr:l-de-sac and if that,s our only opti.on, IrII voteagainst it but I agree with Ttrn. I also don,t want to eicourage'an1, traffic ontlez perce. So thatrs one. The other issrre I'd like yorr to add, since r,e,regoirg to see this agai.n, is in point nrmber r where r^re tark about clear: cuttiDgand the fact Lhat t'e don' t r,,rant tlEt. !$e need to add a point to that that saysthat all trees that aren't goirg to be cut are going to Le fenced off prior u6any disturbing of the soirs. Because as ,^e arl know, once l,ou rrrn a giader overtree roots, Ehe Eree is dead so I think $re shourd add that lo point nftnber t.Ihatrs all I have. Thank you.
Tim Foster: Tim Foster, 6370 pleasant view crve. rhis is more in regards to, rhave 4 chirdren ard my wife wirr not let tten ride their bikes on pleisant viewcove. r go east to Edina to rcrk every morning and r do not take preasant viewCove.. I will go down ard as Ehe IH 5 irnprwes, I think :,ou'll see more peopleavoiding Pleasant vie$, and going down to rH 5. r make ti:e decision as towhether to take va1lelr view when r get to oranhassen to see how TH 5 is so rthink you've got the options as Tcrn had mentioned that if you get on cR t7,you're either goirg to go to rH 7 ard go east into l,tinneap6l is- or those suburbscloser or you're going to go down to TH 5. I think you should Lrl. to keep asmuch traffic basicarry, it seqns rike the nunber of initdren are Leccming moreon Pleasant View as o$)osed to less but I'm not saying that's an!, less for llezPerce but thatrs just m:/ c-orment. Wb've lived there for g lrears ard werve seenit's drastically, the traffic has drasticalll, goEten $rorse. Ihank you.
City Counci I l€eting - AugrEt 28, lgSg
Councilwcrnan DimLer: In the interest of tjne t4r. t4ayor,to table.I' I1 secord your motion
Counci lman Johnson: I have th,o quick points to make.
l4ayor Grniel: co ahead buE be qlick.
Cor:nc i lman Johnson: Okay. Eirst is Ehe I0? grade. t^tre have approved IoEgrades. This is one of the first points that came out. vE have approved raEgrades in Lhe past. r think in generar itrs more of a secondary .icess type ofthirg or it's actual-rv the onry ieasible. It's ki.rd of an alteinalive of rastresort. If iErs the onJ-y access i_nto an area, vorr donrt r€nE Lo see a I0?grade. so to rne to sal, vJe could ccrne in frqn the sorrth with no access to thenorth and the onry access having a loa grade portion in i.t, I'm against that.That geEs too steep ard too darger:ons as an onLy access. If it's a secordar:,
access to an area, I can see a r0g grade bnt again r,ve said r donrt vJan t Eo seethis connected on both sides of pleasant vie!, ;rd lJez perce becar.rser then it vrirrbeccnre a nunber one shorE cut. The other point is, I think thaE the gentlsnanthere jrrst showed, a traffic ergineer will say people wilr take cR 17 arr theHay to TH 5 and then TH 5 in and he Eakes CR 17 up her:e to Tgth Street.. Oltsstraight throrqh, all Ehe wal, th,:ough downtown past the St. Hubert's schools, acor4rre churches. through orlr fun rittle intersection there and then does thesane thing r rrsed to do. I no lorger do it bnt make the decision whether to gonorth or onto ltl 5 there. fllr", that I vrork nor:th I jrlst go north. hrt thereri al-ot of E3ople that cut clear throrrgh to.n,'r t hich is th: sanre that we,re Larkirgher--e on Pleasant View. You sal, nobodl, \aDnld do Ehat through those windy roadstht-orrgh downtoh,n but a lot of people do.
I,layor Omiel : yoru trro points are done?
t'
t
30
il-
r'ra]'or (tmier:
. Ttrank ycu- r have a motion on the floor and a second to tabre togather the additionat data ard inforrnation ,it], -u...""
ard tie in the puzzJ.e asper se.
Mayor Ctmiel moved, @unci lrrcrnan Dimler seconded to table action on tlrepreliminary plar ro subdivide 9.5 acres l"Lo ia-.i.gr" f_riit-i;;"JrL .tPleasant view Road and East of por,,ers er;J., v". -r""r.nout Brirding corporationto gather- additional information. arl voiJ in"'.uuo. ard the motion carried.
E' FrNAL PIAT APPRo\AL, IAKE susAN HrLLS wEsr zND AND 3RD ADDrrroNs.
l4ayor Gmiel: r see where there shorrrd be reconmenlation of staff. Thereshould be an itsn 7 wtrich is formerly ,t*. ii.- rhat should be added.
Jo Ann Olsen: For the 2rd or 3rd Adition?
r'rayor Ctuniel: This r.rould be on the take susan Hilrs !€st ?rd Mdition. Thereconmerdation on naoe 2,. .It appears as. Ehough }rou left off itsn II, the;:*Iil::ir* uasin inarr ue repairea pii"i-t;"rirur prut "ppioGr]^,ru" un.t
Jo Ann Olsen: It has been done.
|,tayor Cf,miel: Okalr, it,s repaired. ?hen we,11 strike that.
Jo Ann orsen: An]' of the conditions that v,ere not retrEaLed have a1r been met.
I'layor (trniel : Flave thev?
.
okav. That was my ma j or corceLn. r didn' t see that.So t"rith tiat I would moie that-,,e approve it*n i"l .
Oouncilman Worknan: Secord.
I'layor Gmiel moved, coruci Iman r{crknan secondsr to approve the Final prat forlnke Srrsan Hitls West 2d ?4 3rd Additions pursr.rant to the City M.*g.i,"reconmendations. AII voted in favor and t}Ie motron carri.ed.
F. CHANHASSEN HILLS: APPROVE PIAD.IS AIID SPEIFICATIONS EOR EXTENSION OFSANITARY sElltlm AND vBrER To tots 9 AND 15, BIocK 1, CHANHASSEN HrLLs rsrADDITION.
l'layor Chniel: Jr:st a grick grestion to Gary on itgn f, GEnhassen Hi1Is.50 foot eassnent " rs rhat goj.r,g to te recoi-oed with the co,,nly on lil-'Abst,.acts?
Cit], Council tEeting - AugrEt 2g, :rggg
@unci]Jnan Johnson: yes.
the
thatrs correct. That.r sit's recorded.
-L
C.arl, !6rren: I4e ql)rfld record that against the propert]r,
I orrr normal approach because lt'. noi'*oitn anythirg untilI
31
CITY OF I
EHflNH,[5EEN
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937- 1900
MEMOR ANDUM
TO: Planning Comrnission
FROM: Jo Ann OIsen, Senior Planner (f,;)
DATE: August 10, 1989
,.,pflrtl'- --Y- -: -- -'
Ml)drir?':-.-._ ---- --
'
Roitctcd-r- ,-. '--- - -
o.r" 9/t /.{)---.
Date $bmrnrrl
q,/rc /? S
Dall sutt-'r
SUBJ: Vineland Forest Subdivision
AE the August 2, L999, Planning Commission meeting, action on
this item was tabled until staff could meet with the developer
and residents to resolve the issue of access. The issue is
\,rhether or not the Vineland Subdivision should orovide a
southerly access to Lake Lucy Road.
Staff originally recommended thaE such an access to the south
should be provided with the Vineland Subdivision. Staff further
researched Lhe extent of alteration that would be required for an
access t.o Ehe south at the typical 7t slope for public streets.It leas founil tha! there would be a large area of fill required
for the provision of the south access and sLaff recommended that
the property be serviced with just the lccess from Pleasant View
and future access points Eo Ehe !,rest. At Lhe second Planning
Commission meeting, the public living along Pleasant View Road
suggested that an access Eo the south would be preferred to limiEthe amount of traffic on Pleasant View Road.
Staff has again revierved an access Eo the south ivith a higher
percentage of slooe (up to lot). It appears that such an accessis possible and staff is recommending Lhat a southerly access beprovided. I;l his aLtached memo, the Sr. Engineering Technician
reviews the feasibility of a south access. Should the Planning
Cornmission feel thaE a southerly access \^rith a higher percentage
slope is preferred, Ehen Ehe Planning Conmission should recommendthat the applicant provide an amended plan providing a street
connection Lo the south. Should the Commission feel Lhat thesubdivision as proposed is adeqr:ate, then staff is recommendingthe Commission approve the subdivision with the following con-ditions:
"The P lann i ng
Request #89-8
Commission recommends
as sho\.rn on Lhe plans
approval of
daEed " July
Subdivision20, I989 " subject
Planning Commission
AugusE 10, 1989
Page 2
to the following conditions:
A tree removal plan shall be submitted for each lotissuance of a building permit. Clearcutting, except
house pad and utilities, will not be permitted.
1 prior tofor the
2 The applicant shal1 enter into a development contract withthe City and provide the City r,{ith the necessary financialsureties to guarantee proper installation of the
improvements.
The control structure on the east side of the propertybe reviewed and approved by a qualifed soils engineer.
3 A wet tap connect.ion will be required to the l-2-inch water-main in Pleasant View Road.
The sanitary sewer shall be extended from pleasant View Roadrather than Fox Chase.
The vra terma i n shall be
Perce versus Fox Chase.
looped from Pfeasant View Road to Nez
4
5
6
7
8
shalf
An erosion control plan shal1 be submittedapproval by the City Engineer.
for review and
Park and trail fees will be accepted incation.1i eu of parkland dedi-
The Planning Commission reconmended passing t.he subdivisionrequest to the City Council with staff's recommended conditionsand the understanding that Lhere are other issues primarily con-cerning the street that doesnrt allow the planning Commission tocome to a consensus.
9. Add fire hydrant as required
10. A 10 fooL clearance shall be
by Fire Inspector.
maintained around fire hydrants.
s ho\,rn on
con -
PLANNING COMMISSION ACTION
CITY COUNCIL RECOMMENDATION
Staff recommmends the City Council adopt the following motj.on:
"The City Counc i 1the plans dated "dit.ions:
approves Subdivision Request #89-8 asJuly 20, f989" subject to t.he following
A tree removal
issuance ot a
plan shall be submitted for each lot prior tobuildinq permit. Clearcutting, except for the
I
\
Planning Commi ss ion
August 10, 1989
Page 3
2
3
house pad and utilities, will not be permitted.
The applicant shaII enter into a development contract $rith
t.he City and provide the City with the necessary financialsureties to guarantee proper installation of the
improvements.
A wet tap connectsion will be required to the l2-inch wat.er-
main in Pleasant View Road.
The sanitary sewer shall be ext.ended from Pleasant View Roadrather than Fox Chase.
4
)
6
7
The watermain sha11 be
Perce versus Fox Chase.
looped from Pleasant View Road to Nez
The con tro I
be revi.ewed
structure on the east side of the property shall
and approved by a qualifed soils engineer.
I Park and trail fees will be accepted in lieu of parkland dedi-
cation.
9. Add f ire
An erosion control plan shall be submitted
approval by the City Engineer.
for review and
by Fire Inspector.
maintained around fire hydrants. "10. A I0 foot.
hydrant as
clearance
requi red
sha11 be
ATTACHMENT S
Planning Commission minutes dated August 16, I989.
Memo from Dave Hempel, Engi.neering dated Augus! II, 1989.Letter from applicanL daEed August 9, 1989.
Planning Commission minutes dated Augusl 2, L989.Staff report and attachments.
I
2
3
4
tr
Planning Commission MeetingAugust I5, 1989 - page 25
Batzli moved, EI.l-son seconded to table
PIan and WeEIand ALteration permit f or:voted in favor and the motion carried.
action on
Cenvesco,
the Prel iminary pIat, Site
Oakview HeighEs. AII
PUBLIC HEARING:
PRELIMINARY PLAT TO SUBDIVIDE 9.5 ACRES
PROPERTY ZONED RSF, RESIDENTIAL SINGLE
VIEW ROAD AND EAST OF POWERS BOULEVARD,
(VINELAND EOREST) .
INTO 18 SINGLE FAMILY LOTS ON
FAMILY AND LOCATED SOUTH OE PLEASANT
VAN EECKHOUT BUILDING CORPORATION,
Public Present:
Name
Chrrck Van Eeckhout
DaryL Eortier
Todd OwensPat Crrnn.j. ng ham
Scott Ander son
Dean Wet zeI
Addr:ess
Appl icant
Rep,:esent.i.ng E rank555I Nez Perce
865 Pheasant View
Beddor
Road
52 50 Ridge noad
Jo Ann OIsen and Dave Hempel presented the staff report.
Conrad: We're not really experts in the paLk issne. That stuff sort ofcomes in. and typically we've never had a probtem with hhat. That sort ofpasses thI:o.gh here rear qrrickry becarrse the- park and Rec reports directlyto cit:' conncil and we've never stumbred on this one ueiore. To tert youthe truth,_and I'm going to speak which r can't do for the commission, brrtmore than likel), if you solve some of our oEher issues, I think we,re'goingto be much more flexibre on that issrre. r don't know ir rixe Annette,shers more concerned with trees and I donrt knoe, that you;ve solved any ofthe trees probrems. That way r think a couple of rrs aie concerned with Eehcurb.cuts and if ]'ou can sorve the curb cuEi and stirr keep some extraparking. If you solve some of these problems and Ehey,re starting toshrink. They're fewer and fewer the irore we see yorr. Another coupletimes. We keep t.elling :rou Dean to build up not orrt. But I can,t say thatwe're going to approve or den:r. I think jrrit based on u g"r,".ul feelingthat. vre geE when vou come back in and obvj.ously if lrou tafe care of a lotof the problems, we typicalll, become sensitive to miybe being a IiEtIe bitmore lenient but r think the botEom line is for chan6assen, the park andRecrs got Eo be comfo):table that therers enorrgh space for people. And wedonrt rearr)r, we want to make this deveropmenL balicarry pr:-ovide for thatand whether t.hat be fees or area, lrou, ve got to do it u-nd- the park and Rec,from what we're hearing, is saying- we need rand. so I don't know. somehowyou've got to get some feedback from them. we can,t give you a blank checkon that one but just generalll, the more )ro1 Eake care of some of our issrresI think the more flexible E.heyrre going to be on t.he others.
PIann ing Commission MeeEing
August 16, 1989 - page 26
chtrck van Eeckhout.: This is the str:ip that iuns off Eo preasant vier.r. rEisn'E shown cont.iguorrsry on the sheet. The plat has remained the same rguess, this i.s probabll' ro weeks since r made this initiar applicationThe plan is stirr Ehe same as it was in the beginning. we inJ.tiartyexamined this carefurry. rn fact it was ny inientioi originalty to tr}, toget Ehis worked out. The principre objection came from Eie cit| on thibasis of grades so r.went ahead and pui:chased this piece so as to arreviat(-Ehe grade probrem which we can do now with.y cur.eit proposaL. Theobjection r have Eo the access to the sorrth is one of it io"= remove moretrees- rt does invorve more crrtting and filring and r believe it decreasesthe quality of life for those futrrre chanhassen residents vrho are going tobe livi.ng here by having a more or less thru str,-eet going through the irea.so r stilr berieve this is a preferred plan. r have taken ineo account thecommenLs and advice from any number of peopre on the commi.ssion and thestaff. ?he earth disrrrption is more. This is where, the red line, thesorid red rine is wher.'e the back of the lots wilr be. The back of Eheh9:9es .nder bhe proposar. under the alternaEe of going Eo the sorrth, itwill be disrupting this dashed rine here which is a-titIle bit larger area.This right-of-way is loaded with beaut.if ur trees which we hate Eo see 90.TheI, acE as a nice natrrra1 buffer and somethi.ng we alI hate Eo seedisrrrpted.
BatzIi: Are vou saying that lrorlr grading plans woul.d only be the solid redIine there if we wer:en,E to go sorrth?
chuck van Eeckhout: Right here they worrrd be with the exception of theengineer has shown a reEaining area here which in going ovei- them morecaref ulJ-y we feer we can accomprish without digging a hole in a gr:ound butp.tEing a series of ponds right where the trees aren,! so mrrch. rn otherwords, a riLtle more precise wo).k on t.he retenEion area. RighE now we show_this_being disrrrpted by diqging a retention basin wirich is foorishness. weworrd want Eo work on that Eo get a series of rittre ponds and we canaccomplish t.he retention withouE taking down the whoLi forest. so thissorid ted line is the grading area, This happens to be a firl area on this-proposal becarrse Ehis is a lower area here. i^te want lo f i ll this rrp t. -;;I
good drainage ar:orrnd here and develop walkouh lots here and fill trris ar6abut we'd onry firr t.o Ehe back of t.he horrses. Then we have solid woods. -rn t.his case ere corrld take inEo accorrnt t.hat enti.re right-of-way as if itwere ortr.s, even Ehough it's wasnIt orlrs becarrse thel, would appe;r to beours and itrs there and there's nice woods on i.t. we've aesiqned the sewerand wate,. and it works.our ver], nicely. The CiEy lasE Ej.me .4,;;=;;;u;'-'^-Ehat we make a connecEion, a water connection doin to Nez perjce ):ather thanEhis wat.er connection here. This makes no difference to .s. It,s easier.In fact it makes good sense. This is the porEion of the plaE above...these 3 lots wo.Id be platted on pleasant Vierr. I g.ess ii strmmary, Ithink we have meE alr the criteria of the ordinancei and air the standardsof Lhe City and I believe this plat makes good sense. ft gets the peopleorrt in the most. reasonable fashion. It gets away fr:om a titrr streeEsitrration which I believe is rrndesireable f r:om a t.raf f ic point of view.
conrad: Now did we table this and it was a pnblic hearing befol:e? so are-we continuing the public hearing? okay. we'Ll open it rri for prrbliccomments, Chrrck, if you'd like to star--t orrt ure wo.Id appreciate it.
From a pnblic safettr point of view as to secarit.y. police. Fire. Iberieve it's more desireable for peopre to rive in this kind of a thing andagain, I have not seen anything telling me to no,: have I received anydirectives that would tell me that to change_m1, thinking. That Ehis isprobabl), the desired era !, Eo develop this piece of grorrnd. Just to theeast, Fox Chase has more than twice as many lots. The Lundgren projectthat was here last time was I guess passed onEo the councir-with moie thantwice as man!, lots as I have here on the same connection onl!, the!, had somekind of a barricade of the street or some deal going there. - That.ls, Igness Irm just again reqrresting that it be passed onto t.he Council with
!/our comments, whaEever the!, might be.
Conrad: Okalz, thanks. pubtic hearing. Other comments?
Daryl Fortier: I'm Darlrl Eor:tier. Irve been asked by Mr. Beddor and thePleasant View homeowners association to make a brJ.ef presentation of whatwe've sErrdied as an alternative. I{e've had the chance to meet with Mr.VanEeckhout, other property ownel's and talk to t.hem. I^re would like tooffer fo. yorrt consideration a brief presenta!ion. our first rittle boardhere will show the existi.ng situation of where the propelty in question is.
We have toned in the roads that we believe are most salient to thediscrrssion. Pleasant View Road f r-'om aborrt. this point on j-s 2O feet invridth. Nez Perce from this point t.o this point is 20 feet in width. Webel-ieve any connectj.on Ehat were to go aIl the way Ehrorrgh this propertl,
worrld carrse a short-cut or a back door rorrte and that worrLd incteasetraffic not ont), on Pleasant View brrt also on Nez perce. We believe thatis objectionable to both parties. To the people who live in this area aswell as the people on pleasant View.
Emmings: Irm sorry to interrupt vou but. jusE so I know who yorr,rerepresenting. The people that ),ou are representing here Iive where on that
map?
Daryl Fortier: They live along pleasanb View Road and we are pr-oposing analternative for the pl,anning Commission,s consideration. The people whoare Iiving along this r:oad, and I believe Mr. VanEeckhorrt as weII worrldagree that any r:oad that goes stra j.9ht gIsgrrgh vre worrlC f i.nd objectj.onablenot only to Ehese residents but to the Nez perce r:esidents who I've onlytalked to one and also I believe Mt. Van Eeckhout's futnre residents so weseem bo have a consensrls thaE that i.s a poor decision becanse of the natrlreof the two roads involved. ThaE,s bhe first point we,d like to make. Thesecond, werd like to comment on Lhe existing pr:oposed plan as shown hereand to contrast that we have an alter:native plan which is shown here. weare ploposing that t.here not be a connecti.ng link and we are proposing thataccess be to the south and Ehat a secondary access in the f rrtrrre beprovided as ,:eqrrested b}, the safety and fire inspector:s. The Fire
MarshaLl, be pr-ovided at this Location whe):e OrrtLob A is. Irm not srrre how
many members wele on the Planning Commiss ion back many lrears ago when
CaLVer Beach Estates was planned b|lt there always was intended to be anaccess point her:e and Ehere was a dedicaEed ontlot her:e. We bslieve thatj.n the frrtrlre some road of some sort will come Ehrorrgh here and pick rrp aIlthls traffic and keep it on a 28 foot wide r:oad rather than a 20 foot wideload. If we're Eo conside,: the alternaEive and an), f utrrre road were
Planning Commission Meeting
Alrgrrst 16, 1989 - Page 27
connected through her-'e, it would indeed be an issrre or inol:e Ehan the lgresidences being put onto pleasant view. It would be lg plrrs whatever ersihappens in the f.trrre on both of these lots. pleasant view Associationwould not be in favor of that. That is prrtting Eoo mrrch additional traf f ic-on Preasant view which again is a collector. ioad onry by defaurt. pleasanlView has been there for many, manl, lrears and as 1rou.-owi inspectors willadmit, it is not an up-!o-dat.e roid. rt is only zg feeE widl and it hassome verl, tight hairpin trlrns in it or aE least 90 degree turns. so theconclusion is Lhat we worrld rearl], like to see this orieralr view prevairand in the f rrtrrre, if I can jrrst modify this, we believe a proposedadditional road shourd come through in this fashion which now girres 1,oo a -similiar rooped fashion and a simiiar circrrlation pattern to what erse isprevairing in this immediate area. That,s it .nriss there are anyquestions
Planning Commission MeetingAugust I6, I989 - page Z8
Headla: Irve got some.
have Lake Lucy Road going
in?
Darl,l Fortier: This may, rightof Mr. VanEeckhout I s plan.here, this is Eaken from a direct pholocopy
Headla: Where are the new homes aLong Lake Lucy Road?
Dar),I Eortiers There is a new home which sits right here.vacanE and ther-e is new homes located along these lots.
HeadIa: Brrt thaE,s Nez perce Drive?
Lake Luc), Road is actuallva liEtle 6end here and comis-
CR 17. The tvro maps shor:Id
Whl, doesnrt that map look like this map irhere ]rouright along side where Ehe nee, homes are going
This 1ot. is
Daryl Eortier: IErs referred t'o as Nez per-ce.whatrs shown on the st):eeL sign. It does takeout aE Lake Luc!, Road where it inEersecEs withbe identical.
HeadLa: l^leII thi.sthere.
Darlrl Fortier: Ther-e
doEted line is.
calIs Lake Luc), Road going right against the property
is a vacaEed Lake Lucy Road ,:ight her:e where this
HeadIa: That's blacktop righE Eoday right?
Dar)rl Fortier: No it is not.
Emmings: I think yorr,re thinkingthink what yourr:e thinking of is on
not
Darlrl Eortier: If we go to this
Road over here which on bhe mapan easement her:e.
Headla: I don't know. I was
Proper:ty and I walked over it
overview, vou're thi nki ngaligns with this line here
the other side ofEhis fal east brrt
BIVd. . I
of here .
of Lake Luc),and it does have
at the
showed me
PoweL sis west
orlt wi th Joelle $re re on
TL und Ie Loday lookingLrke Luc!, Road and he
Planning Commission MeeEingAugrrst I6, I9B9 - page 29
where his propert.y was.
Dar!,r Eortie( : That I s where r say the actrrar name of the r.oad her,.e is LakeLucl, although it''s called on this map, for spme reason, Nez perce. NezPerce ends at this point and Lake Lnc:, comes acr:oss here where it's shownin gral' so this is where vou worrld haire been walking ana tnen you wouldhave walked down througfr ln:.s vacant lo!.
Batzli: So the map and reality don,t match?
Dar]'r Fortier: The name on the map does noE match but that is the namethat is taken off of-Ehe development plat. The road does not go sEraighthere. rt does indeed drop down tixe itris and then come across. The map isaccurately reflecting the condi tions.
Julirts Smith: If I ma]r, )rears ago Lake Luc], Road was platted alongnorth Iine. of that property and that road has been vacaied so that iflook at Lake Luc], Road, it doesn'E come str:aight ""ao=.
-anymore. ftacross. As soon as it hits CR 17, iE dips down onto Nez parce.
the
you
comes
Headla: so hovl m.rch land is there from Ehe road with several names up towhere Ehat property is?
Dar1,1 Eoritier: This is appr:oxirnatell, l5A feet of land...
Headl-a: So :,ou go bel,ond thaE tree 1 j. ne and drop down t.hen?
Darlrl f'ortie]: 3 That's correct.
Headla 3 Is it roughly where that old fence line is j.n there?
Darl,l Fortier: The tree Iine sits right abotrt in here.
Headla: AIright. I understand that better t.nen, thdnks.
Conrad: Thanks DaLlrL. Jo Ann, why don,t yorr talk aborrt Ehis. Chnck I'mgolng to IeE vorr come up in a second. Jo Ann, corrld yorr jrrst comment froma planning standpoint on an:rthing vou see good or bad.
OIsen: this is the first Irve ever seen Ehj.s p1an.
Conrad: Spontaneorrs.
Olsen: S.oontaneorrs brrt wetve never, weII I won't sa), never brrt we tealIydo not rike.having two crrl-de-sacs. I co,ldn,u r:eariy see Ehe pran. ..-.w"worrld want it. at least be conEinuorrs.
Batzli: What about t.he not uranting to connectPerce Ehere erj.th a continuous nort.h,/sonEh road?do Eha t Jo Ann?
Olsen: Agai.n, orrr otigi.nal positionthaE the traffic, it does have to go
both Pleasant Viev, and NezDoes it make sense noE Eo
was to lrave that connection. We feelep onto powers and it worrld be a
Planning Commission Mee t i. ngAugust 16, I9g9 - page 30
preferable to have another thru streeE Eo pleasant Vie!.r. Anothe): primaryreason fo[ Ehat would be f or: safety access. Looking aE the sropesl itcanrt be done if we allow the variince Eo the 7? brrl Ehis sor.t. of pranwould never be srrppor ted.
Wildermuth: Is there a right-of-wa), onhave to purchase propertl, there Eo make
Olsen: There is righ!-of-way aIl the wa!, out.
he still worrld have to develop the
and provide the f iII?
Park Drive oI vrorrld the developerthat sotrtherll' connection?
road right? He'd have -Wi ldermuth:
to clear the
BLlt
Iand
Ol sen: Yes .
Conrad: On the one hand, the ,:oad on the top that accessesthe cul-de-sac is more sensitive to Ehe neighbor Eo the eastnow has not had 20 some horrses being serviced by his door.
the top 3
who pr ior IotS,
to
Ellson: WeIl he could come in tomorrow and have 3 there too_
Conrad: Could but he doesnrt want to.
Ellson: Right but Irm just saying, Ehe long term.
conrad: If somebody came in just to subdivide the 3 rots Eo Ehe no,:th JoAnn, :rou worrld have a problem with that? No, we'd have to a]"Iow thatconf igrrration basically.
olsen: we would srrggest that if the), came in with Ehis plan, that theyworlld jllst have a cont.inrrorrs stteet. Engineering shorrld probabll, comm6nt.
conrad: The concern with pleasant view folks is !raffic. obviorrsry thiswould dump onry 3 folksr 3 horrses orrt. The iest wourd want on Nez perce.Is there anlrthing reasonable about this plan?
Hempel: From an engineer:ing standpoint, traffic circuration r grress fromthe start we would rike Eo see the nor.-Eh/souEh connection. If iomethingdid happen arong pleasant view, this worlrd be an alternative for an u".6=,or an exit. Ther:er s ver], few or Limited areas that srrch a connectioncouldnrE occur. This is the first one and one of the last places.utirities worrld sti.rr remain Ehe same. i,Je,d roop the two sirbdivisionsprobabl:, together so there wasnrt a deadend waterma,.n.
Conrad: Chuck, dothat?
you want to come back and talk to ns a little bit about
chuck vanEeckhorrt: The onry Ehing r would say is Ehere are no r-ealstandards thaE wouLd prohibit. this number of lots on a cur-de-sac and itwonld be ver]r, I believe, ver:y mtrch bette): from a prrblic safet!, point ofvj.ew Eo have a dead end atea in their cuI-de-sac aie.. Bad gu1,s aren'tgoing to feel so free !o come wandering Ehrorrgh ther:e if tne1, aon,t havethe sarne wa), t.o get out of there. In all my lrears I I ve never: seen a
Olsen: Again, with this
donrt want that becaLrse
Ieast wi th Ehe original
j ust one connection wiII
Chuck VanEeckhout: This j-s Dari,l rs represenEation of essent j.aIIy I believeidentical Eo r,rhat my proposal is. r'm saying this is che dif f icirlt area ofPleasanE View. If we onl], trlrn left here and made no ):igh! Ertrns here werdkeep a certain number of cars out of this area which worrld be a positivething I believe as far as pleasant View is concerned. Again, I'm trying tocontinrre Ehis Level of quality on through here and then I reaII!, fike tfreidea of these people being abre to have a private area rather: than a th}:ustreet. There are, as r've pointed out, a number of other examples whereEhis worrld work very welI in Chanhassen and aII over t.he Twin Cities.
Conrad: Jo Ann, how do vou see the propert:, to Ehe west developing?
plan...we looked at a connect j.on. Obviously youit wiII jnst bring it back onto pleasant Vie;. Atpl-an we did have some... I don'E feel that havingsatisflr.
Dar},r Fortie!: This area rrp here wilt of corlrse deverop up off of preasantView. There's no thrn connector. That is ouri first and foremosE argumenEthat there shorrld be no thr:u connector. The secondarl, exiE for thj.scul-de-sac should rnn to Ehe sont.h and tie in event.rralr:, to this street.This co.Id be t.er:minated. It wo'ld be no di.f ferent tha; this road downhere. As a matter of fact, it's srightly ress t.han this one is but it is alooped slrstem t.haE )rorr could get in both wa1,s. If the onl!, cut-de-sac is259 feeE long, which is not a severe crrL-de-sac thaE :'ou cin see from otherscaled streets in the area. That worrl-d selve this area. rf I can addressjust a moment abonE the left trrrn rane, this has failed to r,rork over atNear Mounta.in and pLeasant view and it. has not been srrccessf rrr. rf thePlanning commission is to approve the pLesent scheme, our one big concernworrLd be Forest str-eet heIe. t]e wonld not like to see t.hat. included. weworrld lat.her see no connector: there becarrse what that is going to do isevent[all], connect down to this outlot in which case te again have thebackdoor cirjcrrlaEion that we,re trying to avoid. Or it will developadditional homes at least and have a Iarger dead end crrl-de-sac sitrration.werd mrrch prefer: to see a rooped design to begin with or aE least indicateto begi.n wit.h. We do not want to see a connection. If Ehis plan wer:e
Planning Commission MeeEingAugust I6, 1989 - page 3l
sit.uation wher:e 1,orr needed Ehat second access for prrbr ic saf ety ]-easons.
I^/e have in many, many areas in Chanhassen trith twice this man:, Iots. Ifthe traffic for lhe pleasant Aven.e folks is their-. principle concern, wecottld
_
aI$ralrs put a Ief t turn onll, on t.haE roprd comi-ng orrt so aIl Ehet.raf f ic worrrd have t.o go west. That would, e*".pt f6r Ehe traffic, thePeopre in chanhassen, brrt that would erininaEe a good part of the problemthat the Preasant view people can see as being a uig negative of thisproject. we've had a 1ot of input and this wis kind of the consensus thatwe perceived as werr as ml, own personar fee)- ing thaE r want Eo conEinue EheEox chase, Preasant Avenue, preasant view qrrarity of homes. r build onryquality homes and r believe thaE it speaks mor" us a continuation if itf Iorrs to the rest of Eox Chase and thatrs m!, think j.ng.
Conrad: As !,ou're Ealking, Irm looking at this map. Are ]rou talking aboutwhat l,ou originally presented Chrrck? When l,ou,re la1,in9 1,6u,re comfortablewith...
Planning Commission Meeting
Angust 16, 1989 - page 32
approved, we worrrd not want Eo see a connector her:e and we worrrd noE \^rantto see this stLeeE.
Conrad: Okay.Other comments?
Scott Anderson: I'm Scott Anderson-northerl), access. I'd Iike to restat.eearlier meetings and that is primarilysingle family hornes accessing throughand... Thatrs my obj ections.
sense and maybe these lots in her--e but
when therers good access to tl.le sorrEh.
Conrad: Okay, Ot he r: comlnents?
Irm the neighbor to Ehe easL...and
my objection as I've sEated inthe traffic. With Ehe amount of
my back yard. That will create noise
agai.n, why pull thJ.ngs to Ehe north -Thank :rorr.
close the prrblic hearing. AIL voEed inpubl ic hearing was closed.
Conrad: Okay. Thank lrorr.
Dean wetzer: M!, name is Dean wetzeL. rrm a 35 year resident of the area. -I live 2 doors off of pleasant View Road dovrn b}, here on Ridge Road. Ther€are 55 residents from cR 17 down to where pleasanE view trlrns to Ehe westand that's whaE makes rrp this preasant view Homeowners Association. Theyget a loose group of people Ehat are interested j.n what goes on in theneighborhood. Because of Ehe configrrration of Pleasant iiew Road from thispoint on and those of you who have driven it know ful,r well-, r thought itwas 18 feet wide. You sa}, itts 20. I donrt know $rhatever it was bit as
lzorr know ther:er s hairpin crlrves and down along Lake Luc!' therers homeswithin 2g feet of Ehat road. Itrs a corrnt.r:/ road is reltty aII it is inthat area so our concern is to keep as rnrrch Eraffic off of pleasant viewRoad as possible where Ehere is a good arternative lhat makes sense and wethink that this is certainly Ehe case. you've got a brand new road here.Whether it's Nez Pelce or Lake Luc]r, I guess I donrt know but I was on ittoda!' too and both names are nsed but t.hac is a new frrtry designed road.Eull- size that goes r j.ght .j.nto CR 17 here so :/orr've got th. "."""" on thenew road that doesn't have a lot of brind entiances onto it whi.ch preasant
View does. Even trp in this area some of these homes were brriLt with access-from their garage right onto pleasant View Road so like I say, it,s acorlntL:, road and it's been that way. pat, )/ou were born t.heie what g0years ago? Let it slip agaJ.n brlt this of corrrse is Qrrnningham, s area here.-He has a danght.er living here and one here. Their drive comes right outonto PleasanE view Road so it's just not basical,ry a colrector roid for arlpracEicar prrrposes. And tike I ia1r, here's a per:tect exampre of having abrand new frrlI sized road, extension of Lake Luc:r. The1, cin pick rrp tiisarea. These areas back in here as they develop becarrse-it's itreadl, uheoutrot Eher:e made for EhaE. There is an access, was allowed at thii pointso why start dragging it back up t.o preasant view when we don,t have to.Yes, these Iots along here, if and when thelrr re developed. Bj.Il Trundlerives here. He sell-s that off and they go onto preasant view, Ehat makes
Emmings moved, Erhar t seconded
favor and t.he motion carr:ied.
Eo
Tbe
Planning Comm j.ssion MeeEing
August 15, 1989 - page 33
Erhart:
Chrrck to
that?
I guess
respond
Ird like to have, I don'E know if it's fair toto the tvro cul-de-sac proposal. I dontt know,
ask
did
you
vou see
Chuck VanEeckhont: We met earlier with evening r les.
Erhart: Is it fair Eo ask !'ou Eo respond Eo that specificalJ.y?
Chuck VanEeckhout: yes, I'm read!, to respond to that, In facE, one of myprinciple considerations srhen I first prrrjchased the propertv was to go tothe south and I was discouraged by Ehe Citl, so Ehen I r^ren t orrt andpurchased the other piece so we corrld 9o the north. The negative on thesouth approach are the filL amounts that have to be put on those lots which
worrld make Ehem less desirable and Ehe tree removal worrld be moreextensive. Also, I could idenEify more, the horrse worrld identify more, inoehar words, I could build a Iittle more expensive homes in there, Iittlenicer homes if I enter off pleasant View then if I enEer off from thesorrth. That's some substance of mv observations-
Erhart: I rm sensing lrourrecul-de-sac th j. ng.
not E.otaIl!, opposed to the idea of Che lwo
chuck vanEeckhont: That's Iess des j.rable to me than the proposal t.hat Ihave before the Cornmission. If the f i.na1 determination were that it's that
wal, or nothing, I would brrild it Ehat way. what I would like to do, asI've said before, is to carr!, my pr:opos.l through untiL itrs nlEimaLeI),approved or disapproved and Leact accoLdingly.
Er-'hart: Okay. I gness the concern I ltad two weeks ago was t.he problem ofputting a thr-Ll street there considering Lhat there is a 1oE of tempEaEionfor people to take pleasant view aIL the way over to TH tol and it reallyisn't adequatel-1' designed to do that so I grress m1, generar feering is theworse of aII the pl'oposals is to ltave the thrrl sEreet f or. t.hat reason.Also, I th ink we talked about it Ehe last t.ime. It hit me that we havethis new streeE to the sorrth and we'l:e talking about land which, lhemajority of the rand is cl-oser to that. bhan preasant view and it seemed to
me again t.hat. at that point that it made more sense Eo tr:, to access lhenew Lake Lucy Road, It's rrnfortrrnate that Chuck gets Ehe l:un around. WelInot tun a!:orlnd. We have to consider this I0% 9rade. I think inconsider:ation, m:, general feeling is that that j.s not a good pIan. Havinga long straight street and then having two cul-de-sacs aE the end. Iguess I'd rather see it access to the south and I personalLl, like the t.wocLrl-de-sac thing. on the other hand, one thing f don,t Iike aborrt that,
becattse I don't think vorr need to have .l connecEion to, if von went to the
Ewo cul-de-sacs I Ehink yorr corrLd elim j.naEe Ehat connection to the westcaIIed Forest Str:eet completely because they're noE that Iong f r:om LakeLuc:, Drive and I don't lealll. see that it serves any prrrpose to make a Ushaped street. in ther.e so Ehat. might pick rrp another Iot to compensate foraLl- Ehe effoIt of havi.ng to go thro|lgh on Ehis th j.ng. So regarding jnstthe sEr,eets, those are m}, general feelings. I hope I made myself clear.The other issue, I think itrs a fairly straight for:ward development and r,retalked abouE rnosC of them IasE time so I'II leave j.t go with EhaE.
PI ann ing Commission Me3ting
Augtlsg I6, 1989 - page 34
Emmings: I can'E decide. r think it's about a hor.'se apiece. I ordinarir]-Like to hook things logether so Irve got that bias coming in here andr recognize at the same Eime that a lot of people, for: reasons I think thatchuck has statedr like Ehis cur-de-sac ar,:angement so Ehey don't have the -thru trafEic and r think thaE's kind of a personal preference item but rtend to rike to hook things together. rt seems to me Ehat Ehi.s one, thisparticular one, the urgenc!, to hook things together realIy doesnrt, I donrLfeel like it,s there to the degree Ehat I ,rs,ril11, do and ihere is Ehepotentiar for the hook rrp to Ehe west later on !o have a secondary access,if there is some need perceived at a Later time so an option i.s pieserved'Ehere. Erankl], I can go either way on this. I just don't care.
El}son: Let me ask Jo Ann something. The big reason that we want a thrrrstreet is safety and Iack of a lot of north,/south, things to pleasant Road _right now or what are all Ehe key reasons that the Cit:, is prrshing this?
olsen: we origJ.nally looked at the srrbmission erith the appLicant and r,m _just trying to remember exactly which one. He had just tire cul-de-sac fron-the north and Ehat,s where we showed Ehat Lhere was right_of_eral, Eo thesouth and that we worrld prefe,: to have Ehat secondu.l, i"".ss onto the sitesince- vorr corrldn't pr:ovide thaE from Fox chase. rt was reasons for safetl, -and arso reasons for a norEh/so.th connection which we're just rearrl,Iacking in the city.
Ellson: I. r--member going throrrgh the Comprehensive plan sal,ing how Iittlewe had going norEh and so.th. r distinctry remember sayinl that an)rtimevre can look Lo Ery to find something we shourd take advintige of it.r remember agreei.ng. r'm trying Lo decide, will people, I iean this isn't -very far from cR 17 and I don't feer that we'r" qoing to get peopre takingthis instead of cR 17. cR r7 has never known to-be i 35w-bac-k-rrp t.raf f ic-kind. of sELeet. or anything Ii.ke that. r,in wondering what wonLd carrsesomebody. to purposely ei th--r go to Ehis roLlte. fhel,id have to either Iivehere to know Ehat Eoes th,:o.gh. you'd have t.o be one of Ehese people.
olsen: The!"d perceive it as bei.ng a shcrE-cut possibty but the design...
ElIson: I dorlbt iE too.
OIsen: I think t.o reallv havebe done.tha t answer:ed, a traffic strrdv worrld have to
EIlson: But I guess rnv guE feeling isbring anybod], more on that street Lhanthat area brlt I cant! see myself goinggo up t.o CR I7 and iE's not more than
anlrwa !,,
that I don,t think it,s going toprobably lives Ehere. I live inthat wa!, Eo',rards Excelsior. I would-a couple of blocks more to do it
The des j.gn of it was such thaE yorr worrld come right along LakeOIsen:
Lrlclr.
Elrson: so I grress I'!m noE as conceLned that there's going to be a lotmore people on it' and I'm Ieaning more tor.raLds the CiElr's i:ecommendationbecarrse I agree t.ha! we don't have a rot of nor:Eh/sorrti thrrl ways and it,s
Planning Commission MeetingAugust 16, I989 - page 35
not a tr.rre thru way becarrse it's only going a IittIe walr. I don't thinkthat it's going to cause more. r also thin[ the fact chit ttrere are 55homes on a realll, bad, 20 foot streeE is mor:e reason Ehat the!, need safetyaccesses. rf something were to happen al0ng^there and thereri sometning -
blocking the street, it's a tiny riLtre street, an emergency vehicle evenmore so wonrt get thro'gh there and Ehere's a rot of hories -in there thathave very liEtre back .p access so d agree wi.th the way the staff hasproposed it.
Batzli: I agree with Steve, whatever he agreed with. Each has theirbright.sides-. Both proposals r thi.nk. r agree with the developer that theway he's goE it pr.'oposed I think is probably much more atEractive to him asa deveroper. r hate to harp back on this but one of the reasons r boughEm}, properE!, in Fox Hollow is that I lhoughE it was on a cul-de-sac and whenthey puE it thr:ough to preasant view, pleasant view gained some trafficfrom orrr development. going west to Excelsior and I think if lrou put a thrus_treet in_thete, you,re going to geE more traffic Aoing easE on pleasantview. I don'E see that as even being a qrrestion. I think for srrre peopredown on t.he west side of the lake ari going to use pLeasant view Eo get'up!o TH l0r for whatever reason. Buc on t.he othel. hand r like secondaccesses. r've been convinced of that but I think this design, the crrrrentdesign has a potentiar second access event,arr-y r^rhen that. siLe deveropsso I don't know. I reaII:r, there's pl-|lses and minrrses to boEh of them. Infac!, even a !hrr.r street worrldn, t really irr:itate me t.hat much, Ehe thirdoption, so I don't know.
Conrad: I canrt wait until I get a motion.
wildermuth: rrm trying to th.ink of a r3t.:onaIe for a thru street. r guesswithou! a traffic studlr, Jo Ann as you talked aborrt, I can't see where it,sgoing to take that mrtch pressrtre off of Pleasant View. The connection withthe do.ble crrr-de-sacs tha! wo.rd connecE to Nez perce and then a dead endcuI-de-sac off of Pleasant Vie$, certainl:/ doesn'E look very attractive onpaper and iE would restrlt in removal of a lot of woodland between Nez perceand Ehe propertlr. r grress what I favor is what che developer has proposed.
Conrad: Dave, vou have the power to persuade rrs all.
Headla: I like t.he people f ,:om Pl-easanE V j.ew pllt up some prett!' gooda):guments. Whe[e nobody jumped on, we jtlst approved Near Mountain and allthose people coming on pleasant View. that could have been qrri te acompelling argrrment. when push comes to shove, isn't yorrr pl.operty Iinegoing t.o go to the sorrth? yor.lrre going to vacate thatl tare over that LakeLtlc!, Road and go down closer to Nez perjce Drive? Realisticall:, isn't thatwhete the boundar], line will end up?
Chuck VanEeckhout: I don,t know if vorr're asking me. I presume if thePr.oposaI thaC I Ilave on the table is approved, there co,rId be some actiont.o vacate that. It worrld be np to someone else to in.j. tiate it. The Iandwotrld be ef f ecE.ivel), aEEached to the adjacent propert.ies by defaulE becarrseit's bl)er:e now and it's being ,sed now as if ii uelongea s6 whether someonewants to go thr:orrgh a formal vacation ptocess or not, that wqrrrd be rrp to
s orneo n e eI se .
side of
meaning
way...
Headla: On Lhe north side of Ehe road?
Chuck VanEeckhout: On the south
]'ard comes right rrp to Ehe woodsbe nicely wooded. ThaE was Ehe
Headla: I got IosE in that one.
the road. I believe their backthat the entire right-of-waw worrlc
Chuck VanEeckhout: Ma}rbe I can show it he,:e. The rear yards her:ego right Eo Ehe edge of the woods. My property starts here so thishere, which j.s the existing r.'ight-of-wa), potentially which could bevacated, I believe is nicely wooded.
seem to
piece
talking
ed on
wo rr ldane? Jo
Headla: Yes, I agree. I came up pleasant View. Came up along pleasant
View. SwQng around and then came back on, I Ehought it was Lucl, Road and Igot up to that crrrve t.her:e, I can,! imagine wh), anlrbod:, would want to Eake _that as a shorE crrt if thaE road went all t.he wa)' through the north/south.If the], did, and Itm srlre some worrld, I can't imagine anlrbody trlzing to goon Nez Perce. Yorr may say i.t's about the same width buE I bet if :roumeasrrre it orrt on an JVeriage over a per iod of a few miIes, yorr'd fJ.ndNez Perce mrrch narrower and more dangerous. I definiEel:, favcr a north/south road. I thi.nk i.t shonrd come up t.hele through to the Nez perce, rthink jrrst for safety reasons. when r was there, i was rooking at. maybe wrshould jttst have a break awa), so fire trrrcks couLd get down in there. Itwould have Eo be maj.ntained winter and summer. I think thet wouLd be, Icould take that as an alter:nat;.ve jrrst strictl), f rorn a safety poinE ofview. If we had to get. ln there with emergencl, vehicles and the other waywas blocked, Iet them go that. way,
Conr-ad: ent,thing el-se Dave?
Headla: No. Those are Lhe onlv cornments I had.
Conr ad :
the east
acce s sed
right?
We're not going t.o getof Ehe road coming in,off the cur:rent toadwaw
an:, mot.ion here. Jo Ann, the propert:, toif it were to be srrbdivided, it would becoming down f rorn the no)- th or.- Ehe wesE
Olsen: Cor-r-ect.
Conrad: So mor:e than likely we don't encorrr3ge, )rorr know we're notaobrrt forcing it.. I think this r:oad wiIl, development goes inl baswhat vorr said before, Ehis i.s not wher-e vo, want to be living whichrlnf or- tunate. To the west, whatever direction, worrld those Iots be,they go strai.ght Eo preasanL View or worrld they 3ccess the RedrTlan L
Planning Commission Meeting
August I6, 1989 - page 36
HeadIa: It Iooks like the,:e,s jr:st a nar:row band of b):ees from Eheright-of-walr. As yorr gct in vorr had yortr bi.gger basswoods and then...
Chuck VanEeckhout: I think that righ!-of-wa! is pretty heavily wooaed if :-didn't geE lose up lhere. I believe Ehe rear of Ehe lot l j.ne of the ho,rseto the r^rest of Nez perce. . .
Planning Commj.ssion Meetj.ngAugLrst l-6, I989 - page 37
Ann, any idea?
OIsen: That, s Art owen I s properE)r.
saying. TelI me whaE you think might happenwher:e the planning department worrld like lhem
Eo
to
Ol,sen: It reall:, depends on what propert j.es comethem come in in pieces like thj.s where we would behave this connection. We would still have Ehat.
in bnt werve been seeing
showing again, we still
Conrad: HeL-e, s what I,mthe other lots there andexit-
Conrad: Was that ouElotfor access to the no,:th?
orsen: Right- Again, if this plan was approved and we would have to count.on this as bej.ng the north/sorrEh connection.
off of Nez perce, vras that planned there simply
t^lha t would be lost on that one in ter:ms of hrood? Is that. aIlWi ldermuth :
wooded?
OIsen: This is wher:e the water tower is. Thisthatrs prettl, heavily vegeLated buE along here Ihave anot.iler connection Lo Ehese proper Cies butsome form of connection.
is Art Owen's property
canrt tell you. So we
we worrld always like to
and
do
see
Conrad: Because of a second access?
Ol sen: JrrsE
Wildermu!h:
not E ox HoI Iot,
Olsen: A loE
OLsen: ...it
Eimes when if
epproved but
for flow thrrr traffic and lres, that connecEs this.
Conrad: Yes, i! was real steep topogr:aph:, arorrnd theL.e.significant dif f icrrlty. So the pLannlng iepartment, ifdruthers, !'on'd run a road througll OrrtI6t A aII the waytalking about the parcek -in q,resLi.on, I.m talking abo-utrun a lo! straighE from ther.e nor:t.h up to pleasanL View?
Aow was Fox HolIow everbut Pox Chase-
of that was Eopog r aphy .
approved with all those dead ends? Or
Ther.e was reaIIyvOu I.lad \ro u1up to, and Itm not.others, So :rou, d
it. There are
t.he way it is
connection.
orsen: Not necessar:i1y straight b.t rve world look again fcr that norEh/sonth connection and then we wourd arso rook for the east/west connectionagain so we don'! have Ewo sepal:ate. when Art owens e-ame in, the way thathe had it designed di.d not. rrse t.hi s orltrot. Did noE rlse che sorr!her-ly. . .
Wi Ldermrr th: He did not?
was
)'orr
wi th
consi.deted I thi.nk at that time to vacaEejust come j.n with a cul-de-sac and that,sthaE plan t.her:e was going t.o be a rreslern
Conrad: The Iot nrrmbered 8 there r:ea1Ly has no dccess?
Planning Comm j. ss i on Meeting
August 15, 1989 - page 38
Olsen:Riqht. But he
He does own 4
also owns 4.
and 8? Okay.
to live on 4 and maybe
Conrad:
ResidenE:
afternoon.
He intends selI off 8. As of this
Olsen: That's wh), I ,m
dictate... Itrs reallv saying Eha E most
haI:d Eo sa!r.
of Ehese lots, the ownership will
conrad: Thanks Jo Ann. yes. This is a ritt.le bit confrrsing. r have oneabsolute and the absoluEe is r don'!t rike Ehe thru street. 6erioa. r justEhink that that j.s, and I said it, Irve very consistent from last meetiig. -r haven't been persrraded t.o go to a different. r think from a traf f i.cstandpoi.nt., it jr:st doesn'E make sense. so in my mind Ehat opti.on is out.The option, I think t.he developer, Chrrck, has come in and he's asked forone thing and then vre kind of EoId him to do another: and then r^re come back -and sal, yorr really corrld have done the f j.rst t.o begin wiLh. As moreinformation becomes avairable and different ideas ire generated, thenobviously vorl can come up with dif fer:ent sorrrtions to i problem. r feelbadry thaE we make folks jrrmp bhrorrgh hoops and then someuimes say werr, wedidn't mean iE. If I we,:e to pick, and I think again the best, the mosteconomicaLly jrrstifiable one is the one thaE has been pr:esent.ed EonighE. L-think ml' preference however is the one that the pleasant Vi.ew folkspresenEed for a conpre l.'easons. one, I think it does d[mp or exit the newdevelopment more towards a ::oad that can handle it but primarill, becauseIrm mor:e sensi t.i.ve to the lndivid*ar living righ! off oi pleasait viewwhere werre not rnnning a load thac services qrriEe a few houses past so mvpreference, absolute I don'|t like !he thrrr str:eet. r think no rnatter whai,we probabry have to provide some sort of access, werr Iim not sure what to -do with Lot I or t.he parcel rabeled I on t.hat. I don' t know but no t.hrustreet in my mind. The two arternat.i.ves thaE r see, the one the deveropeLpresented, I think that's accept.able. I think I rike the one that thehomeovrners associaEion pLcsented a Lit.tle bit better. r'rn not suL-e r rikethe winding road going to the west cr.- whatever direction off of EhaE. Idon't know that Ehatrs possible or probable or whatever:. r don't find aproblem with the cul-de-sac coming off of Nez perce oEher than aneconomicarl:, we told the developer not Eo do it and chen we said do and rdonrt know. I have some pLoblems with how we administer-'ed that but I thinkno matEer what !"re do on pleasant view, there's goJ.ng to be more development-t.herie and we're going to need mor.e, and Ehese aie Uhings not associateir"rith what we're doing tonight but whether it. be no rigfrt t,rrn or sEop signsor whaEever, these are things that are going to fIow from this. Theie ir-ts._has to be some contr:oL some traffic on pleaiant View.
WiLdernrrEh: Or npgL3ding pleasant View.
Conrad:
t.he cos t
It worrld
whete I 'xl
somebody
Which is almost close to i.rnpossib)-e. If lrou Eake a look at that,to do Ehat and pr11s1165e propert!, and what have yorr, I,don,E know.be real costl!, to Ehe residents of Chanhassen. So an:rway, that's _at so I think we're aIl over the boar:d on this one folks and ifcan make a motion thaE a rna jol itl, Can agrjee to, Itd srrre enEertain
Ehat right now.
Batzli: I have a qrrestion. Jo Ann, did we geE an easemenE onnoritherLy mosE Iot on pleasant View there fof f [trlre expansionView?
Olsen: What Dave was jrrst saying is what we already have that.is a 65 foot right-of-wa]r.
Planning Commission Meeting
August 16, I989 - page 39
WildermrrEh: AIL we've
in t.l're conditions.
Ehe
of Pleasant
That there
HempeI: PIeasanE View I think is crrrr:entlv 66 foot wide right-of -walr.
Wildermuth: So upgrading might not be the pr.oblem?
Olsen: We might not have to purchase land or condemn.
wirdermrrEh: r'd rike to move that the planning commission reconunendaPproval of Subdivision Request *89-8 as shown on Ehe plans dated JuIl, 20,1989 subjecE to sEaff !ecorunendations I thrrr Ig.
BatzIi: Second.
conrad: Is Ehere any d j.scussion? so you're r:ecommending Ehe thru street?
Wildermrtth: No. Recommending E.he plat as ),orr see it right Ehere.
Olsen: I think staffIs recommendation was to put the t.hru streeE.
Conrad: See EhaErs where I'm confused.
Emmings: Therers no condition in steff'is recommendation t.hat Ehere be athru sEreet. That worrld have to be addeC r:ight?
Wilder.muth: Right. That would have to be added if yorr want.ed a thrustreet. I prrrposedly didn't add it..
OIsen: So you're sal,ing jusE with these l0?
Headla: WhaE about t.he comments from the Fire Inspector? Thet' wanted thatdidn't the!,?
Olsen: Yes, it should have been in the,:e as a condition.
Headra: Here again we come into Ehst vorr donrt inclrrde the comrnents fromthe...
ElIson: Number 9?
Wi Idermrrth: Nrrmberi 9
9ot from the file inspecto,. is to add a hydrant puE
Planning Commission Mee t j. ng
Arrgust 16, 1989 - page 46
Olsen: They did want them.
Vineland Court and Nez perce.They dJ.d request a thru street connecEing
Headla: What'd 1ro[ sa:/ Jo Ann?
Fire Inspector did r:eqrrest Ehe connection buE that was backslope Ehey couldnrt do it.
Batzli: I've got a qrlestion Jo Ann for yorr.about moving ForesE St.r:eet a IittIe bit, morerecall that? We were talking about adjustingstreet. we didn't Iook at that at all? okav.
Olsen: Thewith Ehe 78
Emmings: Is ever !'bod l,Department wants a thr rl
Okay.
clear that Lhe Fire Inspector hasstreet connecting Vineland Co|lr t
We tal ked Iast r^reek I thinksotttherly didn't we? Do :,outhe aI ignment of Forest
said Ehat the Eir-
and Nez Perce?
HeadIa:
Ol sen :
EIlson:
HeadIa:
OI sen :
we canr E
access.
Ideally we
geE Ehat,
the thr u
we worr Id
Is a trail or break Ehru considered
When we can't get a thrrr sEreeE, Ehen
He had agreed to that.
WaiE a minuEe. What'd vorr sa]r?
satisfactory here?
Ehat's of corrrse. . .
The Fire Department also brrt if
aE least have secondary emergencl, _
wan t
Ehen
street.
want to
Wilder-mtrth: tsut to p[t an emergency, access intantamount. to .DuLtt.ng a street in Chere. you'dtrees and have to prlb the fill in. you'd havethe winEer time.
Hempel: If I can make one poJ.nt. Thesome tree removal. However, j.t will bethrough to Nez perce.
there
have
to be
t. he
in
is going eo beto take orrt alIable to clear it
wa Le r: ma i n
no rnore
Headla: Now, are we recommending Ehe Ehrju streeE or not?
Conrad: No. That,s not what the motion says.
Wildermrtth: The motion pr-oposes what vou see recommended.
Headla: ThaErs not consistent...erhateverrs in bhese reporCswerre salring welI not this j.sn, E trjue in this case. f ion,twe do it. AII Irm asking is bo be consisEent so I know what
Ernmings: That takes awav aII the spolE Dave.
Batzli3 t{e've got to keep vorr on :,our toes.
connection wi l1than probably I0
requi r: efoot wide
all- over. Nolicare whJ.ch waywe're dolng.
Conrad: well what did you think ofsrrbdivision last week? Did we have45? Did we have secondarv ACCESSES
ElIson: So lrour re right Dave. This is bein! inconsistent.
t.he snbdivision wi th
break awavs for, hoe,thele? We did.
the Lundg r en
manv uniEs Ehere ,
!,Iildermuth moved, Batzli seconded that the planning commission recommendapProval of Srrbdj.visj.on Request #89-B as shor.rn on the plans daEed Jull, 20,I989 srrbject to the following conditions:
1. A_tree removar pran shall be submitted for each 10t prior to issrlanceof .a building permit. Clearcutting, except. for Ehe [rorrse pad andutilities, wilI not be permiEted.
2 The appli.cant shaLl enter into a developmentprovide the City with t.he necesar!, financialproper installation of the impr:ovements.
con tr ac t
sur:eties
with the City andto guar antee
A
in
3
4
wet tap connection will be reqrrired Eo the I2 inch wate.r.-mainPleasant View Road.
The sanital.v sewer shalI be
than Eox Cha se .
extended from pleasant View Road rather
The waterimaio shal I be
v eri sus Eox Chase.
looped from pleasant View Road to Nez perce
6 The con t.r o I structrlre on
reviewed and approved by
the east side of Ehe pr.operty shall bea qrralified soils eng i neer .
7.er:osion contr:ol plan shall be snbmitEedAn
the for review and approval by
will be accepEed in lieu of parkland dedication.
r:eqrr i t ed by Fire Inspector.
shall be mainta;.ned arorrnd fire hydrant.
8. Par k
Cit:,
and
fite
foo t
9. Add
Eng i neer .
trail fees
hydrant as
clearanceLS. A IO
Wildermrrth
the moti.on
and Batz1i voted in favor and thefailed with a vote of 2 to 5.
r:est voted in opposition and
Conrad: Is Ehele another motion?
Emmings: I I I1 move that
Srrbd:.v.j.s:.on Reqrrest S89-8Eo the l0 conditions andan amended plan providing
bhe PLanni.ng CommJ.ssion recommend approval of theas shown on the plans dated July 20, I9g9 subjectalso to the condition that the applicanE providea sEreet connection to tl.re sorrth.
EI I son : Second .
PJ. ann i ng Commission MeeEing
Arrgust I6, I989 - page 4I
Planning Commission MeetingAugust 16, 1989 - page 42
Emmi.ngs moved, ElIson seconded t.hat Ehe plann j.
approval of Srrbdivision Request *89_g as shownI989 subject Lo the following conditions: -
A tree removal plan shall be s[bmi Eted f or:of .a brriLding permit. ClearcutEing, exceptntilities, will noE be permitted.
The applicant shall enEe)_- into a developmenEptovide the City with the necesary financialproper installation of Ehe improvements.
ng Commission
on the plans
recommend
dated Jull, 20,
I each
for
lot
Ehe
con t.r ac tsureties
pr ior
house
issrrance
and
2
to
pad
with the Ci El, andto guar an t.ee -
3. A eret tap connection wilL be required to the 12 inch watermainPleasant View Road.1n
The sanitar!, sewerthan Eox Chase.
shall be extended from pleasant View Road rather4
5 The watermain shall bever:s|ls Fox Chase.
Iooped from pleasant view Road t.o Nez perce
6
7
The contrcl structur-e
rev i.ewed and approved
An
the
on
by
the east side of the ptope(ty shall bea qrralified soils eng i neer .
shall be srrbmitted for review and approval
parkland ded j.cation.
fire hydrant.
a s t]-'eet connection to
er:csion cont't:ol .oLanCitl' Eng i nee,: .
bw
9.
tg.
II.
Park and lrail fees will be accepted in lieu of
Add fire hydrant as required by Fire Inspect.or.
A I0 foot clearance shaLL be maintained around
The applicant provide an amended plan showingthe south.
E11son, Enmings and IIeadIa voted
moEi.on faiLed with a vote of 3 to
Er.hart: The
yorr k now?
next mot.l.on corrld be jrrst t.o
in favor and the resE opposed and the
deny it. What is it that r.re wanE
Conrad: Is there an),
Batzli : we don' t have a consensns for what we want.
o Eller mo t i, on?
just pass j.t along and Iet them
Ehey've got Ehe Minrrtes.
vote on the pr-oposal fr:om the
been eng j.neered so Chat can,t
EIl, son: If
werre split
Erhal:t:
becarrse
we collld
here and
decide. You know,
You canrt
thaErs not Daryl, Mr. ForCier,
be.
Planning Commission Mee t j_ ngAugust 15, 1989 - page 43
Conrd: You're right. We can trtr:n it down.
Erhart: So the only Ehing IefE to do is to {eny
Conrad: Yes. Unless there's something that could
HeadIa:
Conrad:
Emm i ng s :street.
Headla: Oh, the
Headla: what was t.he objection. The f iL.st I0 wasthat voted no r:ight that Steve had? It's just the
Emmings: I don,t know what you jrrst said Dave.
svrl ng a vote.
agreeable to
thr rr stree!
definition of a Ehru street that boEher:ed !rou?
it there .
is the most adaman t.
Headla: !{hat about a break thru trail?
!,ou peop I e
wolding?
Your Ilth condition.
That I s a thru street.
Yes, Ehe only difference between rnine and Jimrs was the thru
conrad: werve got. deveropments dosrn the rine thaE have the same sitnation.Yes, we are a little bit differenE. In ml, rnind I Iike to have a secondaccess brrt r jrrst, there'!s all sort of orecedence for not. In thispatticurar ca!e, I thi.nk a second...u"l . if. iE,s break ir,.u, r don't seethe positives orrtweighing the negatives. The negatives being thedisturbing to the property. Disirrrbing t.o the tiees. r see a rot oEnegatives with the cosE to the developar. I just worrldnrt do that. TheposiEives of having a second access to this, r worrrd assnme we will have anaccess possibly as other: sites Eo Ehe west deverop and therefore we,regoing to have a solution but r don't see for.cing Lnu cosE t; l:ave a breakthru, r jrst don't thi.nk Ehat's fair to the deviroper nor. do I Ehink, Ithink we've had too manv other cases where we did iequite a second access.There ar:e cases where *! h"ra hrrmongorrs cuI-de-sacs in tohin and ise didn, thave the fire department telling us don't do it so I,m not swal,ed by havinga second access becarrse r see some other facEors Dave. l,lithout. those otheifactors, I worrrd have riked to have seen a second access. rs there anvmotion?
Conrad:
Emmings:
ConLad:
Hav j. ng
Ladd
What are
WeIL corr Id
We corrld.
Or to pass
otlr options her.9? tlhat i
we make a motion to denv
f the.le is no motion?
this srrbdivision or vrhatever?
it on- We'd Iike to pass it on I believe.Head la :
hnrn i. ng s :
El I son :
Planning Commission MeeLing
Augrl5g I6, 1989 - page 44
Conrad: yes, I
Erhar t: Even if
EIIson: Ri9ht.
th i. nk the Cit:, Corlncil sito.ld-
it it gets passed on.we denv
We can pass it on with no recommendat.ion.
Yes, is Ehat an option?
We've made molions with passing it on.
Werve done that be fore .
Becarrse if you vote to denl, it, let's see.
As it is right now ma]rbe. As it.rs presented right now j.s what
You I re salring .
Emmings: Jim moved to approve it and j.t faiLed 4 to 3 so a motion toit or:ght to pass 4 to 3.
EIIson: And it would at least move it. on.
Erhart: I'll move that the planning Commission recomnrend to Ehe CityCorrncil Eo den!, Srrbdivision RequesE *89-g as shown on the plans dated20, L989.
ElIson: I' l1 second it.
Conrad: Is t.here anl, discussion?
Headla: Aren'E we going Eo have to gi.ve some rationare i.f we denv it
bhough?
Conr ad :Srrre.
WeIl let I stsatz L t 2
Headla:
Emmings:
BatzIi:
Conrad:
Emmings:
Ellson:
Conrad: Actnally
obj ections com i ng
Eo total ly sat j.sf},
primar:iLy becarrsealso be a Erafficothe,a. Ml, concern
t.o the east. Ver!,
beca rrse that road
Headla:
denial.
denv
JuIy
see if it passes to denv it.
several cottld be made and it worrld be a consensrrs offrom tr.ro groups. None of which the developer worrld have -Iater on brrt f rom, if it ruas to denlr, j.t would beof a second, not having a secondarl' access. It wouldstandpoint J.mpact on pleasant View. you corrld do somestiII being with ne j.ghborhood disrrrpt j.on to the neighbor-signi.ficanE impact on tl)at person. Safet:' impacEdoes go fairly close to Itj.s door so there are reasons.
Those things at least get it rlp there and it
It's split on Ehe one item.
i sn ' t
ExImings: I E's a f r iendly den j.al .
a hostile
Planning Commission Mee t. i ngAugust I6, 1989 - page 45
EIlson! Itrs jrrst a wa!'of mov ing it forward.
Chuck VanEeckhout: Is i.t orrt of Iine to coxrment at all?
Conrad: No. We, ll Eake that?
chuck vanEeckhout: I wourd rather see you pass it on with some findings offacE rather than a recomnendation Eo approve or denl,. yorr can find th;t itdoes meet the standards of t.he ordinance. That. it does, the lot sizes andgrades do compl!, wit.h the ordinance but ),ou do have these distrrrbing Ehingsthat !'ou havenr t. been able to Eotal-ly seEtle and these are vour concerns.A denial is, the Councilrs not going Eo want to ov"iiur" yoirr denial.
Emmings: You don,t know our Citlz Corrncil.
Chuck VanEeckhouE: If )rou pass iE on with some f ind j.ngs, the1,objectively which they're going to want to do aE your iindingsconclrrsions. Thab wa), at Ieast. it isn't qrriEe so negative and)/our concerns and I rrnderstand them buE I r^/ouId hate to see itsimply because, alEhough I do very mrrch wanE to move it along.
Emmings: I Ehink that, it feels negative to <ieny it and I don'! think anl,of rts are aga j.nst the project. The Cit:, Council reads orrr Min[Ees andthey're going to know tlrat if we do, if Eher.e .i.s a den j.al, it,s onLl, aformality !o move the thi.ng onto Ehem. I think Ehel,'re going to know thatbut we hav a choice. can rie do essentialry what we] ve klnd of sai.d hereand he's jnst suggested, jrrst sa:,,...
conrad: The motion i.s to for:ward :t on withort a recommendation. Thatworlld be Ehe mcti.on with any kind of r:ecommendations Eagged ont.o that.
can I ook
and at your
I real i ze
den ied
E.Inmings: We' reorder. We j nst
Headla: Can we approve
about 3 concer-ns Ehat weposi tive thing.
iE and then list
had a split vote
not op.oosed to the project. we think Ehe condit.ions are incan't decide the issue of the Ehru street.
onf
on.
Erhar-'t: r think itrs important L.hat we pass on Eo council people'sfeerings about the thrrr street so when the], read Ehe Minrrtei il,s clearmanl, people favored, were for or agai.nst the thr:rr street' becarrse r thinkthat's the number one issue. The ot.her issrres are sort of secondary.
concerns? I
That wouId
think we had
be a mrrch more
how
Headla: So we conld approve this brrt list that es a concetn?
Erhart: Whatever. Just so Ehe Corrncil has an accrlrate..,
Conrad: I don'E th j.nk we need to app,.ove it. I think somebodvmotion to. ..
Emmings: There's a
Conrad: Oka !r. And
motion to
rvas that
deny J.t
seco nded?
on the t.abIe.
can make a
Emmings: Yes. Over her:e.
Erhart: I'lI withdraw that if we can
r^rith comments. That,s what Itm trying
Conrad: Do )rou withdraw vour second?
something moved onto the Council -get accompl i shed here.
posi tive than do agoing Eo be. . .
9et
to
Ellson: What's going !o happen here? I,ve sta!:ted to lose it? What isthis going to be (eplaced by?
&nmings: We don,t know exactly but...
Ellson: Before I remove it I kind of want to know that.
Emmings: Werre going to br:, and do someEhing moredenial. Itrs going to be mor:e wishy washy but it's
Erhart: That's f i-ne as long as we're clear, and we pass onto the Councilour commenEs, it's clear to them to l.ead the Minutes how many people areagainst or for the !hrrr street becarrse I think thaE's cne number one issue.-
Conrad: So we could accepE a motion Eo
come to a f inal conclrrs:.on on this i t.em
jrrst recommend that. we
brrt have the following
have not
cofirmenLs.
Emmings: I think we can go
opposit.ion is not. Eo Ehe...
f rlrther- than thaE. Can'E we sav that orrr
Headla: Not Eo the project.
Emmings: And we think that the conditions that are listed by staff areappropriate but we have ot.her concef,ns t.hat. don,t allow rrs Eo come to aconsensus and we'rr go down the line and sE3te what orrr separate motionsare. How about t.ha t?
Conrad: Okay.
Headla: Tim,
Erhar:t: Yes.
and it fails,
Conrad: No.
Erhar E:
EIlson:
Conrad:
passes.
Emmings:
Do :/ou want Eo make a
did yorr withdr:aw wours?
Before we do, in other
do we always remove it,
motion?
cases tho ug h
r:esrrbmit it
we have a motion
denial?
whe n
as a
WhaE do we nor:ma I I y
Fi.nd one t.h3t does
Oh yes. Sooner: or
Shers holding orlt.
do when i.t fails?
pass.
latel' we hdve Eo make a specific motion that
Pl ann J. ng Commission MeetingAugust 16, I9g9 - page 46
Planning CorTunission MeeEr'.ngAugust I6, 1989 - page 47
ElIson: Yes, I guess I'lI take it back. It,s 10:30.
Emmings: I move that the plann.ing Commission pass Ehis onto Cit:, Councilwith the understanding thaE Ehe pianning comJnission feels that theconditions in the sEaff report, 1 thrr,. r0, conditions r thr-rr 10, areappropriaEe and t.haE there are other iss.es pr:imariry concernJ.ni Ehisstreet that donrt arrow rrs !o come to a consens,rs and we,lr simfilyr makeindividrral comments on orlr own feerings aborrt those othe,: iss,es and letthe matter be decided bl, the City Corrncil.
BatzIi 3 Second
Conrad: Now for: the comments.
Emmings moved, BatzIi seconded that the planning Commission passSubdivision Reqnest #89-8 as shown on the plans dut.a-J.iy'-ZO, 1989 withthe following conditi.ons with the rrnderstanaing that therS are other issuesprimarily concerning the street that don't aIlow Ehe plannj.ng commission tocome to a consensus.
r. A t,.ee removar plan sharl be srrbmitted for each rot prior to issuanceof.a.building gErmit. Ctearc,itt;.nS, u"""pt for the house pad andutilities, will not be permitted.
2. The applican! sharr enter: into a deveropment contr:acE hriEh the citl, andprovide. the Citlr. r^rith -the necesar), f inanc j.al sureties to gqaranteeproper installation of the i.mpr:ovements.
3' A wet Eap connectj.on wiIl be r:eqLrired to t.he 12 inch watermainin Pleasant Vi e$, Road
4' The sanitar:' sewer shalr be exEended f,om preasanE view Road ratherthan Fox Chase.
5. The watermain shalr be looped from preasan! view Road Eo Nez perceversus Eox Chase.
5. The conbr-ol strrrctrrre on che east side of Ehe gropert], shall bereviewed and approved b!, a qnalified soiJ.s engine-er. '
7 - An er:osion contr:or- pran sharl be s.bmitted for revi.ew and appr-.ovar bythe City Engineer.
8. park and trair fees wirr be accepted in rieu of parkland dedication.
9. Add fire h:,drant as l'equired by Fire Inspector.
Ls- A r0 foot crearance sharl be ma;.ntained arcrrnd f ir:e hydrant.
AII voted in favor: and the motion car:ried.
Erhart: Comments. I,m verv much against the thru street. Ithe proposal that Chrrck has got but I favor. the prjoposal EhatView Homeowners Association irrbmithed. I staEed the reasonsthe Minrrtes so I'lI just leave it at that.
PIannJ.ng Commission Meeting
August 16, 1989 - page 4g
weak preference for a thrrr street. Irmessen!j.aIL:, the plan Ehat the developer
Ellson: I want a thru street.
toEally opposed Eo a thrrl streeb and findPleasant Vi.ew and Nez perce as connectorsthe Pleasant View Homeowners group.
BatzLi: I rm against a thruaccess in t.he frrtnre bv the
can acc ep tthe PI ea san tpreviously in
Emmings: I have astreet and 45t for
Conrad :
sourc ing
presented
has
for a thrrl
presented .
Iam
both
b1,
a Iot of merit tofor the proposal as
street. I think we I represent proposal.pr ov J.d i ng a secondarv
Wi Idermrrth:
oPpor tun i ty Irm opposed Eo a thrrr street andto connect Nez Perce and pleasant I thi.nk there will be
View.
another
I support the Eire DepartmenE's reqnesE for a Eltru street and IwiII help rrs in the futllre for betEer pIanning.
Conrad: Good. Iri eIL thank vorr all for si tting throngh that.
APPROVAL OF MINUTES:
Head la:
think it
Emmings moved, BatzIi seconded to
Commissj.on meetj.ng dat--d Ar.lgnst. 2and Ehe motion carried.
EIlson moved, ftnrnings seconded to a.oprove theCommission meeting guly I9, 1989 as presented.Batzli who abstained and Ehe moEion calried.
Minutes of tAII vo ted
PI ann i ng
favot excep E
of the PI ann i ng
AII voted in favor
he
in
approve the MinuEesI989 as presenEed.
CITY COUNCIL UPDATE:
Conrad: Ao),thing Jo Ann for: CiLy Council updates?
OIsen: They are going to ,-econsider DaLlrl Kirt. His wet.l-and. The:r'regoing Eo reconsider: that. SuperAmer:ica, I don't know if yorr,ve beenhearing aborlt that brlt Ehey have lights arorrnd the gas canop:, now which wasnever approved - The ,constrrrction plans, whi.ch r don,t rook ac the deEair,iE.rs Like 30 pages of construction pIans, did show them as lit so therersproblems wi th that.
Emmings: Yorl remember no strrff stor.ed orrtside.
that when I wenE last week andEII-son:I Iiked And I noticed
it.I told the manager
CITY OF
EHINHISSEN
I{EItlORAN DUIq
TO:
FROM:
DATE :
SUBJ:
690 COULTEB DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Jo Ann Olsen, Senior Planner
Dave Hempel, Sr. Engineering Technician
August 1l-, I989
Update of 7 /25/89 NlemoPreliminary Plat ReviewFile No. 89-13 Land Use
of Vineland Forest Add i t ion
Review
At the last Planning Commission meeting this preliminary plat wastabled. Staff was asked to go back and explore the possibilityof a second access to the Carver Beach area via Nez perce Drive/Lake Lucy Road. In addition, the planning Commission thought ameeting with staff, the deveJ.oper and area residents would behelpful to clear the air on some questions. To date, no meetinghas been held and it does not appear that one will be scheduledalthough I did meet with Daryl Fortier, the engineer hired by i{r.Beddor, in regards to a second access from Nez perce Drive. I,Ir.Fortier submitted a design revealing that a street connection toNez Perce Drive could be accomplished with steeper streeE. gratiesin the range of 8t to 108 (see attached). The steeper streetgrades would still require filling but not the magnitude as pre-viously thought. In turn, the impact to surrounding properties
would be much less. Along the south boundary of the plat a por-tion of the oLd Lake Lucy Road right-of-way sti1l exists ( 33feet). This right-of-way can be vacated and reverted back toadjacent property obrners to increase lot size along the south
access road to Nez Perce Drive.
As r.re have seen in past developments, street grades in excess of78 have been allowed in order to minimize disruption, conserve
wooded areas and provide accessibility to the development.InitiaIIy, the Engineering Department recommended access to thesite from Nez Perce Drive. However, using typical street grades
up to 7t, it did not appear to be feasible. By using a steeperstreet grade up to 108, it appears that this access would befeasible. It is therefore recommended that the second access toNez Perce Drive via VineLand Court should be incorporated intothe preliminary plat.
Attachment: Drawing from Daryl Fortier dated August 4, 1989.
I
IU
1r
U
i
I\'/ Iooz \lt a
z----_J
I
Ioz
lrJz
4
o)a
tf
@
!li
I
I
t,rA
0t
o
o-
E
0o
s
F.
)
,t
i;
--J=r
>'<z;
r'0
0
(,
,9
4lt
ob
il
t-I
=.,€Z tE Qolo
i,'-;
I;
i::.ti
'"-t-s
or-Cgri
! ir1\F
. .:.}
o
V
0.
I(r
TU
F
Eotr
E
co
.-J
Jt{
_!L,J
IIi
I t-
t-
F -t
aa(,
tIo
0
{
v
\. Ii
\)..
t l'
II
I
I
t.
l
,tI9
N
z.
N
r|N
I
{
0
r-0 I
I
N
L
1.+!,
'7
I
Iv
0
T ---
I
.1.
I
l
(o
t-
_J
e'
,..
r,
I
lz'
;-\..\-l
)
\+
-t \
\
)
--.l
1
$/ \.
l\I
l
I
I
I
il'g
\ t..s '
J/\
J:
+r\
a\
/,t t-'
€ll
JI
oi
I
o
_____].__,
020l
-JL.
t
il'
tttrlllllll I I
I-1_
I
,
I
I
t
()(-
I
i I
I
I
I
(ft
I
I I
I
t
o
I
U fl]T EE(KHOU TBUILDING CORPORATION
1935 Wayzata Boulevard . Suite 165 . Long [ake, MN 55356 . (6.t2) 473 -1578
August 9, 198 3
JoAnn Olsen
Senior Planner
City of ChanhassenP.0. Box 147
Chanhassen; Minnesota 55317
Dear JoAnn:
Tharrk you for your favorable recornmendation of our
proposal for the prelirninary plat of Vineland Forest at the
recent Planning Commission publie hearing. [.lhile I was
disapFointed that the matter was not passed on to the City
Council for their consideration, I also understand the
Plarrnirrg Conrmission's desire to fu1ly hear and consider all
publ j-c c o rnrnent.
As I stated at both Planning Commission public hearings,
this plan represents input. from a number of sourees including
the rreighbors, your city staff and rny professional surveyors,
engineers, and planners. We believe the current proposal
represents the highest and best use of the property and is
corrsistent with the ordinances and policies of the City of
Chanhassen arrd therefore request that it be passed on to the
C j-ty Conrrcil fol their corrsideration wittr appropriate
cornmentc and recomrnendations .
I believe the access to Nez Pierce to the
unwise for the following reasons:1) lt is opposed by a subs'"an*.iaL number
res idents ;
south is
^€ + u^
It would cut through the most thickfy wooded area of
and result in higher tlran necessary tree l"oss;It would result in a number of fiII section buildingich would cornplicate the drainage and soil erosion as
produce fess desirable building sites;It would resuli in street grades that are steeper
therr des ired;5) Insufficient rieht of way exists to the south;6) It would result in undesirabie traffic flow throughresidential areas arrd hieher trsffic ccunts on Pleasarrt View
Averrue.
The nunrber of lots served by the access to Pleasant View
is f ar les.s ttran rlany other aleas such as Fox Chase. Whil-e
tlre two accesseg proposed to the west are deemed to be
the
s it
weI
2)
s ite
3)
es wh
las
4)
/:llrl i il ':-o
vr r\ Or CilAti I IASSE^I
JoAnn Olsen
Augusi I, lg8g
Page Two
feasible for the future development of the adiacent property,
we would have no objection to re.l,ocating them if specific
information indicated a rel-ocation is requir-ed. No one has
objected to the proposed Location or brought forth specific
l:easons as to relocation.
fn surnrnary, I again request that the preliminary plat be
recommended for approvaL Your consideration is appreciated.
Sincere
C. E. Van Eeckhout
CEY /s je
Planning Commission Mee ti ngAugust 2, 1989 - page 46
(SEeve Emmings
not present on
David Headla Ief tof Lhe subsequent
and
any
point in the meeling and were
SUBDIVIDE 9.5 ACRES INTO 18 SINGLE E'AMILY LOTS ONRESIDENTIAL SINGEL FAMILY AND LOCATED SOUTH OF PLEASANTOE POWERS BOULEVARD. V.\N EECKHOUT BUILDING CORPORATION
at this
voting. )
PUBLIC HEA R I NG:
PRELIMINARY PLAT TO
PROPERTY ZONED RSF,
VIEW ROAD AND EAST
(VINELAND EOREST) .
PubIic Pr esen E 3
Name
Jim Meyer
W. Pat Crrnningham
Sharon Gr aef
Gordy and Patsy Wh i t--manDavid and HoIIy Broden
Gary and peg Schel i tzche
Dean WeEzeI
Don Peterson
Todd and sherry Novac zykPat Cal hoon
Davj.d VogeI
Ar bhuL OwensFlank Bedd orDar.yl Fortier
Chuck Van Eec kho u t
Jo Ann Ol sen p,..esented thehear i. ng t.o order.
6225 Ridge Road
865 Pleasant View Road
855 Pleasant View Road
825 Pleasant View Road
640 Pleasant View Road
680 Pleasant View Road
6260 Ridge Road
995 Plesant view Road
5371 Pleasant View Cove
6380 PleasanE View Cove
AppL i can E
staff report. Chairman Conrad called the public
Chrtch Van Eeckho.t: As Jo Ann poinEed out, we,re doing s.bstanEi.aIIysame.as we had proposed before with the modification oi platEing thesection by Pleasant View. I reviewed Ehe plannj..ng Deparlment,s andEngineering Department.,s recommendation and I con6rrr. They aIl makeIf you have any comments
the
sense.
:i:::t: rhanks, we pr-obably will have some. Any comments from anybody
Frank Beddor:: l,ly name is Frank Beddorj and my wife and I live right acrossfrom this area. lle have forrr homes on lots iirectly across f ,:om thispt oposed area. I'd Iike to ask the develope,:, goinl into the pr-operty, howmany Eotal homes will there be in Ehe propLrty itren-iE's complete?
Chuck Van Eeckhorlt: 2l single family lots.
Erank Beddor: Okay, the Lette): that we got said it vras Ig.
Address
Planning Commission Meeti ngAugnst Z, L9B9 - page 47
Chuck Van Eeckhout:
addi !ional Iots.
Erank Beddor: And
Chuck Van EeckhouE:
Frank Beddor:
before?
You
Frank Beddor: Do you ownon the other s ide?
Chuck Van Eeckhout: We were pl,anning toand leave that area undeveloped at thisit... we found we had more ilexibilityflexibiIity, The City's recommendation
come in throug htime and s impl y
on this side for
was that we plat
the property on the other side
It was lg until we added that othe,: sect j.on. Those 3
you added that to get access into the property?
That's correct.
planned on coming into Ehe proper.ty from another area
an easement beforrput a road thr or:g h
futrrreit now so we...
or have an opt i on
Chuck Van Eeckhout: No.feet. I don't ,:ernember .
Frank Beddor 3 Tha t
Chuck Van Eeckhout:
OnIy this strip
This strip from
easement. . . is Ehat on
No.
goes, I wanE to saypoinE to this point
your proper ty?
that
Ehis
L5g
onto. . .
Erank BeddoL: welr my concern is access onto preasant view. I walked thatproperty and I asked Darl,le Eortier to walk that property and I'll letDaEyr address it. but it appeared to us thaE j.t would not take that nuch cutand fill t.o make an access now on the Lake Lucy Road. That seemed to be amor:e direct way Eo get back out onto cR 17. ai you know pleasant view Roadand I did not have, Itm glad r did not have the 6pportunity of reading the:r:eport before the meeting. I had glanced at one that somebody gave me. rnoticed that r^rhen I granced at iE that. one of the recommendatlons wasthaE Pleasant view Road is a winding twisting r.oad and putEing more traffic-on it is noE sufficient. Arso r berieve thaL the Fire bepartmentr:ecommended an access to the sorrth. I would rike to recommend that EhePranning commission look at prrtting an access down to Lake Lucy Road andIrd Iike to have Daryl ForEier: kind of, I j,st asked him to walk theproperty and t.o take a look aE that and maybe he can address that..
Daryl Fortier: Daryl Eort.ier, cons*rti.ng atchiEect working with Frank and -
?f ,t".. walking the prope,:ty and Iooking at the prelim j.nary iraOes, we wo.]dlrKe Eo discnss or: like more informati.on fLCm engi.neering.- I believe it,sfeasible Eo make the connection off Lake Lrrcy noad. tt does require someadditj.onal f i.r-r and rnay require some alter:in!. or corrrse ii ,o,ira reqliresome artering of the pr.at but we berieve it'i qrrite possible...t.o b.irdthose 2r lots off rhe c.r-de-sac is setEing a fairry- strong precedentwithin Chanhassen. previously we've been idvi.sed to ery t; i;;;-;;;ctrr-de-sacs down to aboLrt 400 ox 5a6 feeE in rength ,rnrlss Ehe topographywas r-eaJ-Iy pr:ohibi.ted. we don'E think i!'s that pr:ohibi. ted. fie oo-sel'some di.f f iculty brt we don't thi.nk it's prohibited and we think it can beachieved so we'd Iike a bit more t j.me to take a look at the actrraL gradesand work r.rith the engineering staff and chanhassen so we can make a betEer
Planning Commission MeetingAugust 2, L989 - eage 48
regort. . .
Hemphilr: I'd like to comment on that. r rooked at the access to thesout.h to Nez pei'ce and my calculations with the 9B grade from thecul-de-sac on up to Nez perce with a couple of flat spots forintersections, r carcurated approximatery 14 feet of iirr at the rovrestarea and with 3:1 sropes, it would take right-of-way approximately out t3gfeet through that area. That area does consist of l liri or woodsl G,,antedthe developer is proposing to grade a portion of that area as part of hisplat but the most detrimental affect r guess erorr rd be on the eiisting rotin carver Beach Estates vrhere the streef connects to Lake Lucy Road ind l.lezPerce. A 3 way i.ntersection. A portion of Ehat lot wourd have to befirled in for Ehe roadway. currently therers no horrse on that rot.
Todd Novaczyk: Todd Novaczyk. My wife sherry and r rive on preasant viewcove which inte[secEs just west of her:e into preasant vie$, Road. r wouldrike to ask Ehe pranning commission to give some consideration, ask forfrrrther study be done as to t.he amorrnt of lriaf f ic on pleasant view Road. rthink you'11 find Ehat there are a rot of young chiLdren in the area onbikes, getting on schoor buses, walking in the area. As it stands now,with t.he addi.tion of Fox chase and a Lot or the additionar Eraffic thatwerve seen on the road, as the driver:s goi.ng west on pleasant view Roadcome over Ehe top of the hirl right before t.hey geE to cR 17, generarrythey are srrrprised many times. There ara other exits onto pleisant viEwRoad from some homeowner on Ehe sonEh side of preasant view Road and fromEhe homeowner-s on the crrr-de-sac of preasant. view cove and as we,re comingout on Pleasant view Road f r:om our egriess, we srrrprise a lot of peopre
9omi1s. over the top of that hirt. It's rrnsafe and especiarry for: .hildr"n.r think Ehe city needs Eo have some fnLther st.rdy don;. And then goingeast on Pleasant view Road therers a severe trrrn and again, yourve gotpeopre coming up head;'.ng west Eoing arorrnd that severe-trrrn on pleasantview and they wilr be coming right at this e-xiE for egress and r thinkagain you're going to have people who ale exiEing onto pleasant view Roadbeing surprised by the oncoming tr:af f ic. so I think yorr need Eo spend someEime out Ehere. r wourd at reast srrggest I gness thai you worrrd slend sometime have somebody do some research on that winaing, twisting road beforeapproval woLrrd be given to the deveroper t.o put thit many more cafs at lhatpoinE, Just fr:om a safety carrtion we worrld isk 1,o,t to d6 that. Thank you.
cordy whiteman: Gordy whiteman aE 825 pleasant view Road. we rive on thaEsevere turn and sunday night we had another accidenE. The second j.n Eherast 12 monEhs. At what point do yoLr stcp adding additional home si t.e ontoa road that lras not buirt to accommodate them. The r:oad was a two wheerwagon path, that'|s what it was brri.rt for: so at some point yo. have to sayno mor:e.
Peg schelitzche: I,m peg scheritzche and I Iive at 680 pleasant viev, andwe Live on chat curve comi.ng f r-'om thaE hill Ear:ther. In Ehe winter we havecars in orrrs. The road also has to be, not only less cars put,on iE, or
:::.-uny_Io.e.cars prrt on iE, but also moniEor.ed a littIe biL beUEer by Ehec1'Ey. Therers many cars going much too fast on that road alr. the tim6.
Planning Commission MeetingAugust 2, L989 - page 49
Conrad: How about speed bumps.
Peg Schelitzche: We asked for that. They wouldn,t do it.
Pat Calhoon! I,m pat Calhoon and I live aL 63gq pleasant
also feel that the Eraffic...is heavy already and possiblycars coming out in Ehe morning and going in at night...
is now, I don't exactly...about 30 feet frorn ou(this r:oad goes right along the loE line and werll
shed . . .
sherry Novaczyk: Ird just rike to comment too that the tand next to Ehatarso is probably in the f utrrre going to have more homes buirt on it right _adjacent to that lot right now that is being proposed. But that land isbeing filred for further deveropment down the line which poses another-problem. Where will those cars come out? The oEher thing is the buscompany, lhe children used to walk across the streeE to catch the bus but -becar.rse it was so very danger:orrs with Ehose cars coming over the top of th€hilr, we managed to ronte bhe bus Eo the other side of Ehe road so even thebus companies thought that was really a hazardous situation.
HoIIy Broden: In addition to the car traffic, there are going to be...joggers and stuff t.hat rrse thaE road which arso...sports cars Ehat rikethat winding r oad
View Cove and Ianothe,:35 to 40
hortse. It appears tha !have to remove our garden
David vogel: I had a question.., r'm David vogel . r live at 905 preasan
view which is part of Lot 3 and Lot 3, the west harf is the portion Ehatthe proposed road... I haven't had a chance to...but I don,t see on thisdrawing np here brrt m concerned about the setbacks that might be allowedbeEween orrr pr,operty and the proposed street. When our hotrse hras builtOut.Iot 3, the en!ire lot was one proper.ty. It was then srrbdi.vided. Mine
E
Conrad: Exact.Iy wher:e are yorr?
David Vogel: It's this Iot on 3. That's us.
Chuck Van Eeckhou!: His horrse exceeds the setback from theI am not aware of the setback from the building...bllt I can
David VogeI: Then the out building is act.rlally on your Iot?large Ehe yard is and not only would our yard be dessimatedsalt spray up ont.o it and onto our yard.
proposed
srrre find road.
out.
...that's howbut we might be-
Chuck Van Eeckhollt: The brrild j.ng he's tali( j.ng abou! isotheri building where he,s living, his home is morje thansetback that would be reqrrired and I don't know if iE,scloser to 40 feet buE I donrt know exactly.
on my land. Thethe fronE yard
35 or 49. IErs
David Vogel: My
know i.f Eher.e's
concern j.s hhat it greatly
allowance for moving a road
facing Pleasant View right
,i l ters our proper ty and I don I t
fr:om orrr property Iine.
Con):ad: Are you trow?
Planning Commission Meeting
August 2, 1989 - Page 50
David Vogel: Right now our
sweeping down to that.home faces PleasanE View, yes. I have a lot
Con]...ad: So basicalLy the road worlld be on your side yard?
David VogeI ! Rig ht .
Batzli: It kind of turns you into a corner lot.
David Vogel: Two of our out buildings arewhere the road is going so two of our outusing...on Ehis other Iot and Ehe road. Ialteration. I don't know if there,s...for
Batzli: We donrt have in our ordinancesIike the one they,re proposing to put in.actnally? They have a 50 fooE easement?theyrre actuaLly putting in?
on the west hal f
bui ldings that wefind that Ehat's
tha t?
of the lot
are crlrrently
an ex treme
a setback requirement for roads
How wide is the biEumi.nousWhatrs the width of the road
Hemphill: SEandard. It would be 3I feet back to back or 2g foot.
Batzli:
yorr hi this lot
t.ha t ?
So thete wiII bethe bituminorrs.plus 12 feet over
a
It
to
l-2 foot strip on the edge of the propertywill be 30 feet from his house to Ehe edgethe bituminous srrrf ace right? Something
LrntiI
oflike
Chrrck Van Eeckhont: That,d be the min j.mum.
Batzli: So ii,d be a minimum of 42 feet.
conrad: There ar-ent t -ordinances !hat protect yorr and we've gone throughthi.s. type of lhi.ng before and t.o telt you lhe irrrth, we,re tiying to c6mettp with a formrrla. Therets no way Eo 6ut grress the situations which meansall we do is come up with bad ordinances birt we have gone Ehrough thj.sbefore and . unf or. Errna tely. . .
David Voget: Itrs unfortunate when yorrttying to brry the horrse becarrse we weresisteri sold me the lot so now...becar_rseThat's my problem erith Chanhassen.
Arthrrr owens: Arth.ri owens, 6525 peacefrll Lane. we own the proper!y justwest of I on the... There's.a, on Lhe plat it shows a...going west.ThaErs going to Lot 8 whi'.ch ;'.s...and stuf f went over !hat r:ather: fast. rsthat str:eet proposed to eliminate some of EhaE traffic and when does Ehatgo Eh r: otrg h ?
olsen: That streeE i.s jrrsE pr:oposed as possib)-e access foL frlt.redevelopment. We alr.rays Ery to pr:ovJ.de aL least 2 access poinEs Eo asttbd;.vision and we knew wanEed one for a connecti.on to pleasanr view andLake Lrrcy. Now they are proposing two f rrtrrre access poJ.nts to the west.. .. Look j.ng at that. as a frrtrtre connect j.on.
spend 8 months last. year jusE
essentially 5 o.pen acres and mywe won't Live on the slreet.
to
Planning Coinmission Meeting
Augtl5g 2, 1989 - P3ge 5l
Arthur owens: There was a deveropment on Joe TrundIe,s properEy...just
'resE of t.he pr-esent proposed development. . . So rather: than jrrst these comingout, you cotrrd have more. r think there shourd be mol:e stildy done on that:I agree with Erank when he says there probabry shorlld be some accessfrom Lake Lucy Road back there. That is, I've been Eher:e a few lrearsmyself... I also know the activiEy by joggers and by bikers and a fewothers or.rb there and it is a difficurt area but it has been building upther-e...consideration given to the safety of the proposal. r'm far moieinterested in right-of-ways for the traiis and so roitn. we,re rooking ata f utrrre problem Ehere. r can't imagine putting more...going to t.he west _as solving the need for a second access.
Erank Beddor: I'd like t.o make another conunent if I may. I would happy towotk with the developer...and talking about, the engineer said it r^ras what -a 9? gr:ade. I heard Near Mountain was looking at l0? gr:ades. I think thalthe Planning Commissi.on has an opportrrnity here to heLp get some of thetraffic off Ehe Pleasant View Road rather than adding more to it. I don't-...because Joe Trundle mighE seJ.1...which he has the right to, then todayis t.he time to look for the second access and not a second access sometime
down Ehe road is it possibly happens and is somebody does sell theproperty. So I would Iike to request enorrgh time jrrst to work vrith thedeveloper to see if we cotrldn't come rrp with some solutions that wonld beamj.cabl-e. vle ar:enrt trying to block the development. . .we, re jnst Lookingat a second access to take the tr:af f ic off pleasant. View Road and we,vebeen there 30 some odd years and as yorr knor.,r, people...and it also has Iotsof joggers and l"ots of other traffic on J.t. along with the chil,dren and lhedogs and it's twisting and j.t's turn j.ng and to deliberaEely put moretlaffic on i.rhen we have an oppoLtunJ-ty to rnove that traffic off that area,I think we shorrld do that so if we corrld have more time.
chttck van Eeckhout: can r comment? we have done Eraffic analysi.s and my -engineer is very comfortable that making tltaE connection woul-d impactt.Iaf f ic on Lake Ltlc], Road. Yourve got a great. inass to the west and Eo thesortEh and aII of them want to 90 to TH tol and Ehey want to take that short-cut, we're verl, comfortable that... In fact some of the people we've beentalking to will add to that. ThaE,s why they were very mrrch agai_nst thatconnection. It also spoils a nj.ce piece of woods. As Ehe engineertechnician has pointed out. IE reqLrir..es a greaE deal of fiII and wiIIspoil several lots and 11611
rve got Iike a rail-r:oad Erack going through...sothese are the negatives that we consider:ed very carefully when deciaing EosetEIe on this design after talk j.ng with a n,rmber of people frjom manypersuasions. Thi.s soundec reasonable to deny this finar...so thi.s ii nowwe got to where we are today.
Frank Beddolj: I onl), had a chance to Iook athaE tr.af f j.c and he b,:o!lght that po j.nt rrp and
of f Ehis ,:oad, that people worrld r:eaIIy wantcn]-de-sac and tnrn into pleasant View r:atherdirection.
IittIe bit with Daryl today on
I corrldnr t r.eaIIy see coming
to cut thr:ough that long
than go ont Ehe other:
Chuck Van Eeckhont: I donrt know how far it is b'lt yorr,ve got this wholemass of people f r,om here all the wal, over Lo here all Ehe way clown to hereand therers a lot of horrses i.n thel.e. The shortest way f or ever:y one of
Planning Commission Mee t i. ng
Arrgrrst 2, L989 - page 52
those to get t.o TH l0l is that clean shoE,..whereas now th j.s isnor.Eh/sorlth route. They got back out to the west and Ehen down
plain
5.
not a
tO TH
Frank Beddor: Thatts r^rh y I think it needs a little discLrssion because wedon't have those experts avairable...but we do have the peogre who havebeen riving there for a rong time and they probabry know the t.raf f ic betterthan anybody else does thatts on the road becarrse ahey live Ehere day byday so we'd like to take a chance to look at t.hat tr..af f ic f }ow.
Erhatt moved, wirdermrrth seconded Eo cLose the pubLic hearing. Arr votedin favor and the motion cartied. The public heiring was closed.
Wildelmut.h: Itrs a tough issue. f guess based onbe in favor of tabling the issrre and altowing Ehedeveloper to work toward a resolrrtion.
BatzIi: ThaE's it? I seem to ,:ecaIl a lot ofbacking off of the entrance/exL|- issue for justdriveway up to the north, who owns Ehat litlle
what Irve heard, I would
residenEs and the
discrrssion
a minrrte.
piece?
the first time,
The I6 foot
Chuck Van Eeckhout: I do.
BatzIi: You own that
this whole pj.ece?
as weLl? And what does that become as yorr develop
Chuck Van Eeckhont:
along wi th the oEher
Itrs separately deeded. I prlrchased iEYes it is.
p,:operty.
Batzli: Wor.rld j.t be considered
considered? IErs not buildable.
an outloL then? what would it be
chuck van EeckhoLrt: It doesnrt change in and of itserf. we tried to erorkwith one of Ehe adjacent own--rs and sord it to one of the adjacent owners.
Batzli: But it world be a separat.ely deeded piece of properEy on Ehis maphere?
Olsen: Crlrriently it's just an easement.
chuck van Eeckhort: rt'is a fee t.itte piece of property. IE couLd beexcluded from the plat...or it corrld be an orrtlot on tne plat. r don'Eknow which technicarry is the most desirable way to handr; it. we,re notgetEing invorved in the frrnctioning of the prat anyway. IE's simpLy...thatr wonrd abandon or give to somebody to selr to somLboiy or work wi.t6somebody on iE. It has no meaning with regard co the llat.
Batzri: r grress r'd rike rrs to aE least consider: whether: that should beincrrrded as part of this prat. ori not. I don,t know one way or another:. Ithink that it's interesting that peopre might use this cur--de-sac as avehicle uo get over to TII l0r. r Iived in a srrbdivision that we lobbiedlong and hard !o not have a second entrance for that reason thaE it wourdbe used as a shorE cut and in fact i.L i.s. srrrprisingly it,s rrsed as a
Planning Commission Meet i ng
shorE cut by the school bus company for a long time. The school buscompany does do some good things and some bad EhJ.ngs. But on lhe oEhe:lhand, during the srlper flood, the entrance was blocked off and that wasreally the only entrance into the srrbdivision and at the time it wasn,tbuilt.. It. was just a hunk of mLrddy dj.rt. I do agree that they need iteven though at times iErs very fruitrating !o have sport cars ioming off ofPleasanE view through our subdivision. once they gel done racing t6rorrgh -your curvesr Ehey come and race on our curves in Fox Hollow. I do agreethat that's a problem and I don't know how to solve it. r donrt know that3g-40 cars are going Eo make a difference on pleasant Vj.ew. As I recalI, Llarge study vras done on traffic paEterns of pleasant view at the time thatthey were thinking of connecting Fox Hollow to pleasant View Jo Ann.Correct me if Itm wrong.
Olsen: There was.
Batzli: Aod as I recall, it was a very large nrrmber and I don't know that -this is really going to affect it Ehat much. Maybe it will although Iwould like Eo see some, at least discussion with the residents becauseEherers a lot of residents that are conce!:ned about potentia] of connectinaiE up towards the sorrth. I think itrs a hard issue becanse r woul,d rike tc-see for instance a second access inEo this subdivision oEher: than ForestSEreet. I don't know that Ehat solves Ehe problem of having a J.ongcrrl-de-sac down along Vineland Drive into t.hat. length of your cuI-de-sac. -So whether we table i,t or not, I worrld still like staff and Ehe developerand the residents potentially to get together: and decide whether it isfeasible. It sounds to me Like a Iot of fill is needed and it doesn't _sorrnd like the most practical thing in the world but I think for safetyccnce(ns and traf f j,c concerns, it,s sometltj.ng t.hat has to be explored.I think I asked this question Iast time we looked at this. TIle contro.Lstructrrre on the east side oE the property, what is that again?
Chuck Van Eeckhout: Are yorr tal)<ing abollt the storm ,rat=r control?
Batzli: I Ehink so.
Chtrsk y., Eeckhont: yes. That's just a dam that wi)lrate so wer rae not exceeding pre-development l:ate for a
contr:oI Ehe rrrnof f
100 year sEorm.
Batzli: And where is that located?
Chuck Van Eeckhont: Itrs on the east edge of the p,:opel:t.),. There's anatural swale coming out. There i.s...str:nctrlre ther:e now buE. itrs notIarge enough. We would be expanding Ehat
Hemphill: He is indicat:'.ng jtts;.n the ,:avj.ne bhere and there's curr:entIya...thaE,s been pj.ck j.ng rrp Ehe stor-m rrrnof f of f of that r:avine. It'scrlrrently jrrst a flared end section. what the development is proposing is -a detenEion pond on site Eo hold back a I00 :rear storm and ,:elease it at a
pl: e-deve I opmen t rate throrrgh the sEorm sewe!.
Batzli: Since that 'i.sn't on an orrtlot, would j.E be appl:opriate to prtt in acovenant on Ehe affected lot that t.hey can,t affect the grade of that
Planning Commissj.on MeeEing
Augrrst 2, L989 - Page 54
con t.L- o I structure?
Hemphill: r believe it's contained in the drainage and rrtility easement.
We donrt allow filling.
Batzli: It is in the easemenE?
HemphiIl: It r,rorlld be.
Batzli: But we dontt have easements on here? Okay. yes, it is aneasement. rt rooks rike it is. Those are the questions I had. rt's arlyorrrs Tim.
Erhar:t: co through with me again here. your 9:l slope on Ehis proposed.
Hemphill: If they propose a urban street section through here...
Erha):t: Okay, why don't you t.ry the nex! one over.
Hemphill: This one?
Erhart: yes.
Chrrck Van Eeckhout: That street is very, very under designed.
Erhar.'t: WhaE s t,:eet?
Chnck Van Eeckhout: Nez perce into Kiowa.
Erhart: Is Lake Lucy Road there or what?
Hernphi.Ll: Lake Lucy Road comes in a rittle bit frlrther down right withCarver Beach Estates. ft's not indicated on...
Erhart: t{ell that,s whaE I'm having a hard time.
orsen: ThaE's jrst the right-of-way. Lake Lucy isnrt actrrally there.
Erhart: Itrs not there. Has it ever been there?
Olsen: It's sorrth of Carver Beach Estates.
Batzli: Is it ever- going. to be there?
Erhart: yes, Irve got thaE map here too brrt iE doesnrt.
Hemphill t yes, itrs not indicated. Here,s Carveri Beach EstaEes.Lake Lucy Road connects here wi th Nez per.'ce.
Olsen: Thele,s a row of lots i.nbetween Ehere.
HemphilJ-: Therers a ro!,, of lots i.nbetween the srrbdivision and Lake LucvRoad.
Planning Commission MeetingAugust 2, 1989 - page 55
But the right-of-vray is still up on
Lake Lucy Road doesn,t extend past
Itrs rea1Iy Nez perce then?
OI sen :
BatzIi:
Erhart:
HemphiII: Nez Perce trrrns into Lake Lucy Road.
Olsen: Itrs a new road which has beenLake Lucy right-of-way which a portionvacated except for that portion of the
the nor th.
wher e?
named Lake Lucy.yorr stiIl see onpIat.
The original
the plat, has been
Erhart: And then is park Drive there
r ight-of-way?
Chrrck Van Eeckhout 3
run impr oved .
at all or is that also just a
ThaE's a 40 foot piece of right-of-way that's
Erhart: So to bring
way dovrn then to the
Vineland Corrrt through, you'd be bringing it alI thenew Lake Lucy Road?
Hemphill: wh j. ch
depth.
;s approximately I believe about I50 feet. Aborrt a lot
Erhaj:t: And what,d yorr say, you've goE a 4g foot easement there?
Chuck Van Eeckhout:
Sonth of my proper Ey
Cown and connects Llp
that one?
Erhar:t: You originaJ-Iyto srrbdivide this wiEh a
Chuck Van Eeckhorrt: No, I don' t Ehi.nk I everi .
yorr d i.d .
The previorrs platting has left a 40 foot easement.there is a 40 fooE strip of roadway easement that
w j.Eh that east/west street which, whatrs Ehe name
not srlre I rlnder:stand what you jrrst said.
came j.n here some time ago and you were pr.oposingstr:eet connection down to Nez pe(ce?
goes
of
Hemph i I I : La ke Lr.lcy Road .
ch.tck van Eeckhout: I! goes down from the old Lake Lucy tight-of-way...onerot depth. rf yorr abandon the right-of-way rrp against my pioper:ty and movethe right-of-way down so there's a full Io! depth away fiom my property.That 40 foot easement goes along side of Ehat righ!-of-way.
Erha):t: You went ont and bought thJ.s pr:operEy north of yonr original piecespecificalry so you corrld avoid mak;'.ng the connection down to the so,rEir?Is that what I [nderstood?
Chnck Van Eeckhorrt: Irm
Erhar:t: Just telI me what
Planning Commission MeeEing
August 2, L989 - Page 56
Chrrsk ysr Eeckhout: whaE. I proposed is essenLially whaErs on Eheright now with the one exception and that was, f was asking reallythe road throrrgh Ehe piece to hhe nor:Eh and not plat it but...
Olsen: Staff recommended.
Chuck Van Eeckhout: That was t.he only change I made.
table
to build
Erhart: Is there any problem
souther:n route? Just forgetadditional problems to do it?
Hemphill : Right now there,sstreet. We'd probably need
the easemenEs that we
I slope at this time.
with
the 9
have
Are
in order to put
of it for the
to give this
theJ:e any
a
road .
a 40 foot. right-of-waya slope easement o uts ide
l0: I is tha E?Erhart: 40 feet. And yorrr
Hemphill: 3: I slope.
Erhart: The 9: I that
appl icant's proper ty?
yorr have, is that j.n that area south of t.he
Hemphill: Yes.
chuck van Eeckhout: Arso across my property would create a grade from...This is lower ground here so f r:om Ehis po j.nt here we,d have to fillsomethj.ng like 14 feet in there which J.s a ver1, wide grade into a very nicewooded area. So we,d spoil a lot of land in Ehere...from this point lotl1i.s point. If you start at thi.s point with youl np slope and grade, !,rhenvorr get r:p here your added slope...wonld be in excess of l0B_
ErhaJ:t: That's asstrming that this cu1-de-sac worrLd remai.n...
Chuck Van Eeckho[t: . . .bntcan grade properly.again we're trying to get this low enough so $re
Erhart: The issLre and thr:rr Eraffic i.s a problem becarrse with Town LineRoad bej.ng f in j.shed off, therers going Eo be some pressrrre for people toswing over that way to get onto Cr..ossiown. yet itis a liEtl,e hir:d toimagine that we worrld :'-nvest i.n Ehis new str.eet to the sorrth and not takeadvantage of it fo,: access to areas adjacent bo rt or. close !o adjacent toit. r j*st wonder if the solution Dave, maybe Ehe compr:omise is irovingForest Str-eet f rrr- ther: south?
Chuck van EeckhonE: r don' t Itave a pr-.obIem wi. t.h that.
Erha,.t: So when that pr:operty to the west develops, it pr:ovides mor:ei.ndllcement. Bef ore we spend Jny mo]:e tiine on iE toni.ght, I ag]:ee with, r'mnot sure i.f Bti.:n also concntr.ed wi.th Ji.m brrt t do agi.ee that we oQght t.ospend some mo,:e Eime on this bc.f or:e we pass it along to corrncir rrnr6viewingthe issues Ehat wer:e br:ought up. tonighb wj.thout spending a whole Lot oftirne. The other last thing a9a in, f r:om the t:epor:t the prrbI5.c sa f ety Eirei.nspector indicaEed his r.eqrrest. for: a thr.n streeE connectjon. Did vorr
agree with that Jo Ann?
olsen: ThaE was part of when we first bro.ght this pr:oposal in front ofthe Prannj.ng commission, we were highty recommending thac they do provide -Ehat secondary access. planning commiision wasn't very supportive of that.We went back and really looked at what actually wouJ.d happen with thetopography and the filring. r guess we came back thinking that it might b*significant arteration Eo the site and bhat we corrld rive with Ehe otherproposals to Ehe west. Heis providing an emerjgency access as onecompromise but as we,ve seen in lhe past, Ehose work as st):eets anyway orpeople still use them as streets and Eheytre just problems.
Erhart: So anyway, I'd support tabling it with those ideas.
Chuck Van Eeckhout: Can I comment? Time is very important and I havewaited 5 weeks. I worrld Iike to have it consider:ed and passed on vrith your
commenEs and werll take into account al-I of your comments and we,II workwith the residents in the interirn to see if there are some things we can dcbu! we have studied it to the point where we,re satisfied and staff issubstantially...well satisfied. Thatrs noE to say that your commentsarenrt vaIuabl,e...but we worrld Iike to move it. along i.f at alI possible.
Erhar:t: My feeling is that Che Council wiIl want to give the opportunityto the citizens to have 2 weeks to partic j.pate in the discussions myselfand if we passed it along, Ehey'll kick it back.
Conrad: Tough issue. I think any kind of connections eo the sorrth, weIooked a! them not too Iong ago. There's some damagJ.ng j.mpacE to trees ana
snr::rorrndings and I think aE thac .ooint i.n tirne, and I don, t know how theywere informed but a lot of the neighbor:s, I,m 5rrlprised that t.he neighbor.sto the sorrth aren'E here tonight but they were here a whiLe back to myrecollection and there was concern with connections to the south. yourvegot, the folks that I've heard tonight are concerned ruith connections toEhe nor.th and not too long ago we heard abouE concerns to connections tothe sotlth wh j.ch is pretLy typical everl, t j-me you put in a new st,:eet. Wehear that every 2 weeks. At the time the logic seemed prebty compellingnot. to do any kind of access to the sonth. Grades. I also E.hink that ifit was a secondary access, and I think mosE people here prjobably don,t $rant-any access on Pleasant View, but if th=re was a Pleasant Vie\,, access and araccess to the sorrth, yorr're going to geE more tr:af f ic on pleasant View.GuaranEeed. In my belief werre not talking about jrrst drlmping the rrn j.ts, -the lots that we're looking at hele. You're going to get nor-e tr:af f ic.Tlley wiII cut thr:ough. I Ehink Ehere are sorne negaEives gc.j.ng to thesotlth. They! re environmenEal and the:r're tr-af f ic and I can,E sa), thattheyrre a primary entrjance for this prioperty e j.the):. On the other: hand, Idon'E Iike where Forest Street j.s. I thjnk that Coesn,t ser:ve any purposeas a secondary access here. IE jnst doesn'E look (ight to me. It jllstkeeps seeml.ng like there's got to be a bet.ter: way Eo have a sedondaiyaccess i.nto thi.s site. Irm really concerned aborr! neighbors who move i.nand we prrt roads r.'ight next to E.hem and I honestly donrt have d crrre how tosorve that problem. we canrt move Ehe road r0 feet mo(e. That,s not goingto help you. To be honest, Liealry don't know how to solve Ehat probiem.-
tde can solve it certain ways with berm ing and certain ways wiEh some stuff.
Planning Commission Meeting
August 2, L989 - Page 57
Pl ann j. ng Commission MeeEing
Arrgust 2, L989 - page 5B
I donrt knot, that, Ehose things we have done pr:eviously brrt there's goingto be a road access to this site and a very good outlet is preasant view-because it makes sanse in terms of some sti:eet pr,anning even Eho[ghPleasant View doesn't need anymore traffic so we've got some realinconsistencies here. My pf,eference right now, becairse there is interestin chis issue and r do bel.ieve what rim just said is right. r think ciEycorrncil is going to want to kick this ar6und. They're loing to want tolisten to.the pubric and theyrre going to wanE Eo get people a liEtle biEinvorved i.n Eerms of access. r don't know if this isn;t ioing to be thefinar one but r worrrd like to spend a IiEt.Ie biE of time ind get theneighbors invorved just a tad and r think Frank, if yorr courd take theiniEiative on that. you vorunteered some things. r'guess i wouldn't mindthat for 2 weeks - r think itrs going to save you time in the rong runbased on how we typicarly work with city council. Not that ere alrowneighbors to design streeE prans because in the finar anarysis it,sprannJ.ng staff and planning commission and city coLrnciL uui t think thereare some neighborhood issrres here t.hat might be abre to be st}:aightened outor at least clarified and my preference right now is Eo Eable it for a 2week time and pack the nexE planning commission agenda Jo Ann. Tabre itfor tonight and bring her back. Thinking that maybe therers some sorution.Fo,: a secondar), access or some other access, Jo Ann, even as Tim jrrstsketched out, an access corning orrt of the co'lrt to the sorrthwest !oing intothe pr:operty to t.he west. Even that ,.nakes some sense to me. eaaicionatsense to me but my preference is !o table it also as some ob.her peopre havesai'd and to get a rittre biE of Mr. BeddoI:'s time and engineering time.obviorrsry their: time vrorrrd be to pers.1ade you that Ehereis someEhing elseEhat could be done brrt I'!d sure rike them and the residencs j.nvolve6 just aI i. ttle bit more.
ch,ck van Eeckhor.rt: The onry probrem is of corlrse when yorr prrsh in oneplace, something comes out sonewhere erse. I have no p.oul"* with any ofEhe accesses lhat could be corlectively decided on Eo the west. rn otherwords, if the commission grants an acceis sorrth of wher-e the p,aesent ForestStreet is, we generally have no pr:ob1em Ehac. If the residenEs worrldprefer t.o irave access south of some otheri poi.nt, we have no problem withiE. . The only thing is trying to f i.g're orrL whois s'rpposed to st).-ike themagic perfect solution. I grress the only wa), I know of how Eo p):oceedwould be to have the folks who are ]nterested meet with sEaff and thencolrectivety they can decide on something. In a1I likelihood 11 bewilling Eo meet with them at any t j.me. in aII l j.kelihood, if staff and theneighbcrs decide on somethi.ng, Irll pr:obabry concrrr wi.tn it rrnless itrsentirely off the walL.
Conrad: I appreciat.e :rorlr comments and I heaa what lrou're saying. I thinkjrrst becarrse of the j.ntetest we see here tonight and Ehey're Brrrlrg;.nj up^""real valid poi.nts. Itrs not thaE the),'re not concerned. they aII kiow-that bhi.s properity is goi.ng E.o be deveroped and they didn,t tark aborrt Iotsize. They didn't talk about a roE of thJ.ngs. uany tirnes we forget aboLrtwhat Ehey didn't tark abont, people know there,r 9o;.ng to be dev6Lopmenthere and it'|s j,st a qrestion or wher:e i.t. goes and how we di.re6t it. rplefer: to spend another: 2 weeks and maybe ir yr. Beddor: can work with staffand staff can work with the neighbots and br:ing yorr in, it seems like theappropriate t.hin9 to do righE now and as r saia Lefore, the pLan may not
Planning Commission MeetingAugust 2, L989 - page 59
change other than I jrrst
brrt I Ehink 2 more weeksIittle bit more supporta motion?
don't know thaE Fo,:est Street,s the right placemight make it go thr:ough CJ.ty Council w j.th athan the neighbor:s and Iess tj.me overall. Is there
Wildermuth moved, Erhar t
shown on.olans dated Julycarried.
tabLe Srrbdivision Reqrrgsg #89-8 as
AII voted in favo,: and the motion
seconded to
26, 1989.
NEW BUSINESS:
PLANNED UNIT DEVELOPMENT - COMMERCIAL - CONCEPT PLAN EOR A COMMERCIAL
CENTER ON I.2 ACRES OE PROPERTY ZONED BG, GENERAL BUSINESS AND LOCATED AT
THE SOUTHWEST CORNER OE WEST 78TH STREET AND MARKET BOULEVARD, MARKET
SQUARE PARTNERSHIP.
Jo Ann Qlsen presented the staff r:eporE.
Conrad: Okay, thanks Jo
f or 6 hor.rrs and it's notpresenEation at thi s laEein time brrt Llnf ottunatley
choice.
Ann. Here it is five !o twel-ve. Werve been herefair for us or for vou but why don,t yorr make ahour. We want Eo tr:eaE ib fairly at this point
we' ve kept yorr up nnti I m j.dn j.ght. Itr s not our
Jim [,linkles: Thank you. My name is .tim Winkles. I ,m wi th Marcor:propert.ies and
th j-s prjo j ect.
a corrp I e thin
wi th, we wan E
'm part of Ehe team that's go.i.ng Eo be, prrt together- to doI
I thi.nk tonight in fact what we'd Iike Eo accomplish ;.s .iu
ery quickly recognj.zing Ehe hour here Eoo is one, Eo b6qjusL talk very briefly abo[t lhe PUD p):ocess. Secondly,
st
ingS V
Eo
we want to talk to you very briefly about Ehe plan which are two parts.
One's a site plan and oners the building plans. ReaIIy what. we want t.o Erand do is jrlsE get )rour ideas on the plans. We,re on a ver.y fast trackschedrrre that werve p(rt together with Ered Hoisington and Jim Lasher andwith Jo Ann. It's a schedrrle thatrs ambitioLrs but at the same time is onethat we feel that I thj.nk, I don'E know if yorr,ve received a copy of thatyet or not but if noE, we'd certainly Like to get one of t.hose in yourhands also. whaE we're Erying to accomprish is Eo create a shopping centerthat has been talked about for qrrite a while in the town. The propertybeing jrrst souLh of where we are right now. It worrld in fact incrrrae ; -grocety anchored ce,1t--rj which we have heard for- 566" Eirne now is probablythe number one shopping experience chat peopre seem to want around thj.sgeneral area. In fact, Cooperrs SuperVaLu worrld be the Iead tenant oranchor: tenanE j.n thaE pr:oject. It's a pr:o jecb that's been EaLked abortt foI:a long time. Itrs a project tilat we r:ecentIy, j.n the last several weekshave been spending a lot of tj.me with Jo Ann and Fred and Jim Lashertalk ing abo[t Ehe ultimate design. I guess I would agree with Jo Ann, Ithink werve made a lot of pr-ogriass in a relatively shoL't period of time.
We have been to the HRA and showed them jrrst a concepE basis afso. t^Je,vegot a whoLe series of steps to go hel:e tht:orrgh so ure, re tr:ying to get toeverybody thatrs goi.ng to ltave some type of t:evi,ew over this project. pUDwise, when we sta):ted taLking to staff, it became very clear that ther;e,s
CITY OF
EHINHISSEN
STAFF REPORT
P.C. DATE: Aug. 2, 1989
C.C. DATE: Aug. 28, 1989
CASE NO: 89-8 SUB
Prepared by: Olsen/v
Fz
()
=(LL
k(o
hlFa
PROPOSAL:
LOCATION:
APPL ICANT :
Lots 9, 10 and E. 16Directly lves t of FoxEstates and South of
Ft. of Lot B, Vineland -Chase, North of Carver BeachPleasant View Road
Chuck VanEeckhoutSuite 165
1935 Wayzata BIvd.Long Lake, MN 55316
Merila Associatessuite 63840I 73rd Ave. N.Brooklyn park, MN 55 429-1293
PRESENT ZONING:
ACREAGE :
DENSITY:
ADJACENT
AND LAND
ZONING
USE :
WATER AND SEWER:
PHYSICAL CHARAC. :
2OOO LAND USE PLAN:
2.21 units per acre net
RSF, single family
PUD-R; single fami ly
RSF; single fami ly
RSF; single fami ly
Sewer and water is available
The property has steep slopes and isheavily vegetated.
Residential Lor^r Densi ty
N-
S-
E-
w-
Subdivision of II.2 Acres into 21 Single Family Lots
RSF, Residential Single Fami 1y
1I.2 acres-gross 9.5 acres-ne t
I
)
I\J
I
j
f
N
I
IIIlrrl
TMA
I
COUNTY
.-g
PIECMotTT
I
L
s,
/RD ,<(
,l
n,\-
I
c
:\
LAI(E
-(
\
-4o\
ll rEwl
PUD-R
CIRCLE
R
gI,rB
A
T
C
couFr
rt
J
l,
L
J
z
t
(E
U
RSF
d-
o
o
UD-R
cl
ooo
R1
R
o
6
R12
1
I
o IR12
€
LAKE
f I
-TI
I
I
I
)
L OTUS
I
Vineland Subdivi s ion
August 2, 1989
Page 2
The RSF district permits a minimum lotwith 90 feet, of public street. f ront.age
The land use designaE.ion permits up toacre.
area of 15,000 square feet
and 125-foot lot depth.3.4 dwelling units per
REFERRAL AGENCIES
City Engineer
Bui).ding Department
Public Safety
ANALYS I S
Attachment #I
No comment.
Attachment #2
The.applicant is proposing t.o subdivide I1.2 acres into 2I singlefamily 1ots. The property is zoned RSF and Ehe average lot siieis 19,703 square f eet.. The net density ts 2.2I unit.s per acre.
The site is located north of Carver Beach Estates and west of FoxChase. The applicant has added property to the proposed ptatwhich provides connecLion to Pleasant View Road (see Sheet 4).?he new property added to the plat is 146 feet wide and 5I7 long.The st.rip of Iand is being platted into three single family Lotiwith a proposeC street connecEion to the west and Vineland Drivewhich will service the remaining I9 lots to !.he south fromPleasant View Road. The initial proposal by t.he applicant didnot plat Lhe land beLlveen the proposed subdivision and pleasant
View Road and was proposing Eo provide a temporary street throughthe property unt.iI future land could be acquired and a publicstreet could be dedicated. After meeLing with staff, t.he appli-cant has submitted amended ptans which piovides for a fuII streetsection and a 50 foot right-of-way to be dedicated t.o the ciEy.
AII of the proposed lots meeL the minimum requirements of thezoning ordinance. The lots are located along Vineland Drive fromPleasant Vi.ew with two cul-de-sacs locaEed on the southern portionof the site. T\,,ro future accesses are being provided wi t.h ForestSt.reet. and Ivy Lane to the property t.o the west. The si t.e isheavily vegetated and staff is recommending that. a Eree removalplan be provided along with each building permit applicaLion andthat clear cutting of any vegetation with 4" or over caliper at 4feet in height shall not be permiEted to be clearcut except. forwhat is necessary for the streets, util,ities and house pad.
A major issue which was brought up wiLh Lhe first review was thata secondary street access should be provided at this time. The
APPLICABLE REGULATIONS
Vineland Subdivision
August 2, 1989
Page 3
applicant is providing tvro future accesses to the \rest and aftercareful study of the topography, staff agrees that a road connec-tion to Carver Beach should not be pursued with this subdivision.
Grading, Drainase, Utilities and SLreets
The City Engineer addresses these issues in the attached memo.
RECOMMENDAT I ON
Planning staff recommends thefollowing motion:
Planning Commission adopt the
"The Planning Commission recommends
Request #89-8 as shown on the plansto the following conditions:
approval of
dated "JuIy
Subdivi s ion20, L989" sub jec t
1. A tree removal- plan shall be submitted for each lot.issuance of a building permit. Clearcutting, except
house pad and utilities, will noL be permitted.
prrorfor to
the
2 The appJ.icant shaLl enter inLo a development contract wiLhthe City and provide the Cit.y irith the necessary financialsureties to guarantee proper instaltation of bhe
improvements.
The applicant shal1 obtain and comply with alI conditions ofthe watershed District permit.
The developer shalI dedicate the utilities within the right-of-way to t.he Cj"ty for permanent. ownership.
Detailed construction plans and specifications includingcalculations for sizing utility improvements sha11 be sub-mitted for approval by the City Engineer. As-built mylarplans wilI also be required upon completion of construction.
3
4
5
6
7
8
9
Appropr i.ate utility and drainageover aIl 1ots.
easements shall be provided
A wet
main
tap connection will be required t.o the l2-inch water-in Pleasant View Road.
The sanitary sewer shall be ext.ended from pleasant View Roadrather than Fox Chase.
The rvatermain shall be looped from Pleasant View Road to NezPerce versus Fox Chase.
10. The control
be reviewed
the east side
by a gua I i fed
property sha 11
engineer.
of the
soils
structure on
and approved
( -,-,
Vineland Subdivision
August 2, 1989
Page 4
11. An erosion cont.rof plan shall be submitted for review andapproval by the City Engineer.
12. Park and
cati.on.
trail fees will be accepted in lieu of parkland dedi-
I3.
14,
Add f ire
A 10 foot
hydrant as required by Fire InspecE.or,
clearnance shaIl be maintained around f i.re hydrants.
ATTACHMENT S
Memo from Sr. Engineering Technician dated JuIy
Memo from Fire Inspector dated June 13, 1989.
Memo from Park and Recreation Coordinator daLedPreliminary plat dated JuIy 20, I989.
I
2
3
4
26, L989.
June I5, 1989.
EH,[NH,[SSEI[
690 COULTEB DRIVE . P.O. BOX 147 . CHANHASSEN, i!4INNESOTA 55317
(612) 937-1900
ItlE}IORAN D Ut'l
TO:
FROI{:
DATE :
SUBJ :
Jo Ann O]sen, Senior Planner
Dave Hempel, Sr. Engineering Technician
JuIy 26, 1989
Preliminary Plat ReviewFile No. 89-13 Land Use
of Vinel-and Forest Add i t ion
Revi ew
The site is located south of Pleasant Vier., Road west of Fox Chase
and north of Carver Beach Estates. The 11.3 acre site is
comprised of a generally rolling terrain with very steep slopes
along the eas! boundary of the plat which is also heaviJ-y wooded.
SAT"IITARY S E,{ER
Itlunicipal sanitary sewer service is available to the site fron
Pleasant View Road to the north and Fox PaLh to the easE. Theplans propose connection from Fox Path. Due to the extraordinary
steep slopes and sewer depth, the proposed alignment from Fox
Path would cause extensive tree removal and Ieave potential ero-
sion problems in the future. It is suggested that the sanitary
server be extended from Pleasant Viehr Road along proposed vineland
Drive to serve the site. This alignment wiII not require addi-
tional tree removal outside the street right-of-way.
WATE RIlAIN
The plans propose a looped system to be construcLed from the
existing 8-inch line in Fox Path to Vineland Drive and on to theexisting l2-inch line in Pleasant Viehr Road. Although, again,
due to the steep slopes along the east boundary of the p1at,
extensive trees will have to be removed and leave behind thepotential erosion problems as in the sanitary sewer scenario.
The watermain shouLd be rerouted and Iooped with the existing
6-inch Iine in Nez Perce directly south of the p1at. Some trees\ril1 still need to be removed but wiLl have much less of anevironmental impact on the neighborhood.
The appropriate utility easements shalI be provided over the platto accommodate the utilities outside the street right-of-way.
?he exact hydrant and gate valve placement wj.ll be resolved withthe plans and specifications subrnittal stage.
CITY OF
Jo Ann Olsen
July 25, 1989
Page 2
STREETS
The plans propose a standard 31-foot wide urban City streetwithin a 50-foot right-of-way commencing from Pleasant Viewalong Vineland Drive approximately 1,250 feet into dead-endde-sacs. A1I streets will be deoicated to the City.
It is desirable to have a secondary access to the site
emergency services and effective traffic circulation.it appears thar due to the steep slope along the southof the p]at, the secondary access is not feasible.
Road
cul -
Pleasant Vie$, Road serves as the only east/west connection bet-
ween County Road 17 and Trunk Highway 101. The existing roadwaydesign is unsafe in several areas for local residential traffic.Steep hilJ-s, sharp curves, hidden driveways and overgrown vegeta-tion all combine to create hazardous conditions. As the areacontinues to develop, traffic volumes will increase and hazardouscondj.tions along Pleasant View Road will only intensify.
for
However,
boundary
As future developrnent proposals are reviewed for the area, theoutlot provided in Carver Beach dstates should be utilized as asecondary access. These future developments will eventually tieback into this subdivision at Forest Street and Ivy Lane.
GRADING AI!D DRAINAGE
A majofity of the site grading will be contained wi.thin the pro-posed streeL right-of-h,ay with the excepti.on of Lots 12, 13 and]4 of Block 3. In this area, it appears that the lots r4,illrequire grading to create building pads and a oetention pond
which in turn will require removal of some trees. The applicantis also providing anoLher detention pond to be constructed on theeast side of the property between Lots 5 and 6 of alock 3. ,Ihis
detention pond includes a control structure Eo roaintaio the pre-
developed runoff rate and provide adequate storage for a 100 yearstorm event. The control structure appears to be constructed ina large fill area. Soil compaction in this area should be clo-sely supervised and Lested to meet accepted engineering stan-dards. The design itself should be reviewed and approved by aqualified soils engineer. I'lost of the runoff from the site willbe conveyed t.hrough the storm sewers to this storage pond.
EROSION CONTROL
The plans do not indicate provisions for erosion controlmeasures. An erosj-on control plan should be submitted andinclude erosion control fencing in accordance lriLh the City'sType III standard (see detail). A11 side slopes greater than 3:Ishall be stabilized using erosion control blankets. The site
Jo Ann O1s en
July 26, l-989
Page 3
should be seeded and mulched immeciiately afterminirnize sediment runoff over the siEe.
rough grading to
RECOI'IIIENDED COND ITIONS
A wet
ma in tap connection will be required to the l2-inch water-in Pleasant View Road.
The applicant shaII enter into a development contract withthe City and provide the City with the necessary financialsureties to guarantee proper instal-lation of the
improvements.
2
3
4
The applicant shaI1 obtain and comply with aII conditions ofthe [\latershed District permi t .
The developer shal1 dedicate the utilities wit.hin the right-of-way to the City for permanent ownership.
Detailed construcLion plans and specifications includingcalculations for sizing utility improvements shaIl be sub-mitted for approval by the City Engineer. As-built mylarplans will also be required upon completion of construction.
Appropriate utility and dra inageover all lots .
easements shaII be provided5
6
1
8
The sanitary se$rer shall be extended from Pleasant View Roadrether than Fox Chase.
The watermain shall be
Perce versus Fox Chase.
looped from Pleasant View Road to Nez
ATTACH!IENTS
1. Type III Erosion Control Detail.
1.
9. The control, structure on the east side of the property shallbe reviewed and approved by a qualifeo soils engineer.
10. An erosion control plan shall be submitted for review andapproval by the City Engineer.
EHINH[SSEN
690 COULTER DRIVE ' P.O, BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO:
FROM:
DATE :
SUBJ:
JoAnn OIsen, Senior Planner
l,lark Littfin, Fire Inspector
June 13, 1989
89-8 Subdivision
Ccmment.s and recommendations per Fire Inspector:
Fire DepartmenE is
Vineland Court and
requesting a t.hrough street connecting
Nez Perce.
Add fire hydrant
A 10' clearance
as indicated on site p1an.
shalI be maintained around iire hydrants.
I
2
CITY OF
CITY OF
EHINH[SSEI{
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, T,4INNESOTA 553.I,7
(612) 937- 1900
MEMORANDUM
TO: Jo
FROM:
DATE:
SUBJ:
Ann O1sen,Senior Planner
Park and Recreation CoordinatorLori sietsema,
June 15, 1989
Vineland Fores t
The Park and
reviewed the
Prooosal
Recreation Comrlission, at their
Vi nel-and Forest siEe p1an.
Iast meeting,
As this site is
r ecomme nda t i onpark and trai I
construction.
currently served by existing parkland, it is theof the Park and Recreation Commission to acceptfees in lieu of park land dedication of Erail
,
I
I
:
a, ,o!tft .rrs(v lrost !{.LL lt o.r oa trtr!l.r.a ro rrsrt
+
A.OIG TNEI/CH
..lrt{ r/roc r'rjcrz/ xrrrs or sreprr:.
:i
\
/
i/,
g.LAY IN FAURIC A EACKFILL
)
str
tlJ
F.
UJ)o
o
E(,
ul
I
o
F
B
o
lrJ
F
ul
Et
o
F
ul
CE
a
TIJ
J
o
I ll ll ll
EPOSIONJ CO NTROI
T T L']I -E- TYPF 2
rl
UJF
tl1l
lnl4
iljtlIll
I
T
Lt
lll
N@
crrr oF
SILT FENCE
E HANH[S SEN
SCALE 1'-PLATE NO.5-8I 5212
I
EROSION CONTROI
FENCE - TYPE I
EROSION CONTROL
FENCtr. TYPtr 1
DATE
I,Ai,ID DEVELOP.{E!{T AP PLICATION
CI]TY OA CEANEASSEN590 Qoullsl p1ir.
Chanhassen, IlN 55 j.l-7(512) 937_I900
AIPLICAT\T : VaI EecKhout Building Corp.
ADDRES S 1935 Wayzata BLvd.r Suite 165
Iong Iake , MN 55356
zip code
Oi,INER :
ADDRESS
Sane
TELEPHONE (Dayrime )
REQ IIEST :
612 / 473-l 578 Zip Code
Zoning District Change
Zoning Appeal
Zoning Variance
Zoning Text Amendment
Land Use plan AmendmenL
Conditional Use permi t
Site Plan Review
TELEPHONE SaIIE
Planned Unit Development
_ Sketch plan
_ Preliminary plan
-
FinaL pl"an
subdi vi s ion
X Pla t t ing
-_
Metes and Bounds
Street/Easenent Vacation
Wetlands permit
x
PROJECT NA1YE V
PRESENT LAND USE PI,AN DESIGNATION
REQUESTED LAND UsE PLAN DESrcNgrro" Residential
PRESENT ZONING tsF
REQ LESTED ZONING RSF
USES PROPOSED SJJ1 fe Farrlil
SIZE OF PROPERTY 9.5 Acres
LOCATION South of Pleasant vielr
REASONS FOR THTS REQUEST P
t of Pq/rers B1vd.
PIat
Residential
Road and Eas
LEGAL DESCRTPTTON (Attach legal if ne
of I.ot 3 , Vi_nel,and, Ca-rver County, pli_nnesota.
cessary) I.ot 9, L0 and east lG f eet
-
r.^:
i\!c.FDrr^i?^rr--rJ--\uL-:Lii/S:
G r
SigneC By'
Signei
o; CI:nircssen
Developnen c Application
2
This acplicaiion musE be corapleted, in Iclearly ori n ceci andpra,,= ie.,,i;;I-rv-^^IpIi::"ll"I:;:i;::i:f^ ii" :li ::.:H::ll.'iXu".
f: t;;:.;:i;""Hji:::::l : vo', . ;;.i..ri' I". ance pro,isi"ol I- "I"ro..
appricebre ." r.,i'iin;l:":*jF:; ffX';;.::"'L:1",$;L!i::;;.
The undersiined reo:thar_he i"_i"iifill.resentative of the applicant herebvap-oricabre citv oraiXl;:"=t:" prccedurar ;"di;;;;;:":certifies
allf
Date Applic:.Eion Recej.ved ..J:3 l- Sr
Ap:Iication Fee
ciiy Receipt No -v
ADJ rrc Date k
certifies that the appl icen t>^- 1 ' -- - l
-..:_-_qLlOn rrr e propefty
Fee Owne.r Datg
Paii $332. s0
s'/zo /,2
T.\e- un ier s ig n eci her=by
.au::':c=f :ei Co irake Chr sqesc:::ei'
-
has be en
This ep-:Iic:Eion wiII
;"':;i";: Ad jusc::ien Es Plann ing Corrniss ion,/
cons i de red
AppeaLs aC
be
and by the
cheir
PI.EASAI\IT \iT I Erd HOIVIEOWI\IER.SCI{A}\IHAS S EI\I , I\/II }\IAIESOTA 5531?
Auqust 24, 1989
T0: Chanhassen Mayor Don Chmiel
Chanhassen City Council Members
RE: Vi nel and Forest Project
Devel oper: Chuck Van Eeckhout
Van Eeckhout Building Corp.
Long Lake, Minnesota
Dear Mayor Chmiel and Council Members:
At the last Planning Commi ssion meeting the pleasant View Homeowners,
representatives were jn attendance with regard to the Vineland Forestproposed new home devel opment.
The developer has purchased some property off pleasant View Road and isproposing a long cul de sac through this property to gain access to lg lots
wi th'in his subdiv'i s'ion.
l^le feel that 18 more homes on Pleasant View Road with
three cards per home will create too much traff.j c on
i./'i II create a serious detriment to -- PUBLIC SAFETy.
an average of thro to
P leasant View Road and
It is my understanding that orig'i nal ly the developer r./anted to access off thesouthern part of h'i s property on to Nez Perce Dnive but that he was advisedby the city that this rvould be too steep of an incline. To date our architecthas met with the City Engineer and I believe they are both .i n agreement thatthis access is now feas'ible and w.i I I necessitate a lO% gnade on only a smal Iportion of thi s road.
As you are aware, Pleasant View Road 'i sto th'i s type of traffjc.narrow and winding and is not conduc.ive
0ur architect, 0aryl Fort'i er, was also in attendance at this last meeting and
we had him submit an alternate plan to devetop this land with the same amountof lots--only the access would be to the south on Nez perce Drive. The landthat the developen owns off Pleasant V'iew Road could also be developed intotwo or^ three lots with a short cul de sac.
It is not the intention of the Pleasant View Homeowners to ',stonewall,, th.isproject. We are not asking to reduce the size of the lots and we do not wantto cause any undue delays or handships. It'i s our op.inion that the same goals
can be achieved by having an access to the south for lB lots and a short culde sac off Pleasant View Road for two or three other lots.
There was a proposal to create a through street fnom pleasant View throughthe deve lopment onto Nez Perce Drive. However we are 0pposED to this because'it could create a shortcut and put more traffic on to pleasant V.iew Road.
AUI; 2: ig8g
Lll r oF chANhAss€t
PI.EASA\IT \./ I E T/V HC)MEC)WNEIR.S
August 24, 1989
T0: Chanhassen Mayor Don Chmiel
Chanhassen City Council Members
tC.'tCt
II)l---,,-
I,le feel that '18 more homes on Pleasant View Road t,ith an avenage of two tothree cards per home wi ll create too much traf f .ic on pleasant View Road andwill create a serious detriment to -- pUBLIC sAFETy.
As you are aware, Pleasant View Road js
to this type of traffic.narrow and wind'i ng and is not conduci ve
0ur. architect, Daryl Fortier! was also in attendance at this last meeting andwe had him submit an alternate plan to develop this land with the same amountof lots--only the access would be to the south on Nez perce Drive. The landthat the developer owns off Pleasant view Road could also be developed intotwo or three Iots with a short cul de sac.
It is my understanding that originally the developer wanted to access off thesouthern part of his property on to Nez Perce Drive but that he was advi sedby the city that this would be too steep of an incline. To date our arch.itecthas met with the city Engineer and I believe they are both in agreement thatthis access js now feasible and w'i ll necess.i tate a l0% grade on only a smallportion of thi s road.
It is not the intention of the Pleasant View Homeowners to ,,stonewall,, thisproject. llle ane not asking to reduce the size of the lots and we do not wantto cause any undue delays or hardsh.ips. It is our opinion that the same goals
can be achieved by having an access to the south fon I8 lots and a short culde sac off Pleasant View Road for two on three other lots.
There was a proposa I to create a through street from pleasant View throughthe deve lopment onto Nez Perce Drive. However we are Opp0sED to th'i s bec'iuseit could create a shortcut and put more traffic on to pleasant View Road.
AUt; 3 5 iggg
t l l.Y OF eg4qp455g1
-.11 ;1 I
I
i
RE: Vi nel and Forest Project '
Devel oper: Chuck Van Eeckhout
Van Eeckhout Bui 1d.ing Corp.
Long Lake, Hi nnesota
Dear Mayor Chmiet and Council Members:
At the tast Planning Commission meeting the pleasant View Homeowners'representatives were in attendance with regard to the Vineland Forestproposed new home devel opment.
The developer has purchased some property off pleasant View Road and isproposing a long cul de sac through this property to gain access to lg lots
wi thi n his subdivi sion.
Mayor Don Chmiel and
Chanhassen Counc i I Members
Page Two
EncIosed are foulitems for your review:
l) A copy of the plat showing the developer's plan with a
]919--long cul de sac off Pleasant View Road.
2) A copy of a plat showing the southenn access on to Nez perce Drive
and a short cul de sac off Pleasant V.iew Road.This plat is our recommendation.
3) An overal I plat
southern access
of the area showing the developer's property with
on to Nez Perce Dri ve.
ou r recommendat i on .
Pl easant V'iew
Aqain --showi nq
4) A recap of the repont which Daryl Fortier made to the
Homeowners after the last Plann.i ng Commission meeting.
As you will note by Daryl's
time and could not reach an
havi ng a through street.
remarks, the Planning Comm'i ssion had a
agreement. Howeven there as a 5-2 vote
difficult
AGAI NST
Unfortunately they could not vote on the plan
that did not come from the developer.
A group of representatives from the Pleasant
attendance on Monday night, August 2Bth, and
wou ld be greatly appreci ated.
Thank s a million.
si cerely,
Frank Beddor, Jr.
FB:dj1
Encl osures
subm'i tted by Dary I For^tier because
View
you r
Homeowners w'i ll be in
consideration in this malter^
cc:Mr. Don Ashworth, C'ity l4anagen
Mn. Gary l..Jarren, City Engineer
Ms. Jo Ann 0lsen, Asst. City planner
Mr'. Jul i us C . Smi th , Attorney
Mr. Daryl Fortier, Architect
P leasant V'iew Homeovin e rs
1-J os
27-.
7os
)
I
t.I
i: ..
(\
N ,,r,,!:
,. , l ji
, , .l ,.,]l'
c
(
I
,t - IIIS lS rr,t t?--tvttoptn's PlloposF0 PtAN
rJr rH a vLRY LoNC--10N6 cul 0E sAc ot'I0
PLTASINT V I EItr.AD-
!E TEEL THIS I,IORKS AGAINST 'PUELIC SAFETY"
ori PTEASAN I vlEx Ror6.
-tl
ts"
ap
.-J
5o
Ir
o
I
N
s32J'l(I
it
i'"
I
itKFRANK BEt)DOR, JR
Tt-
I
I
o
I
202
t69
?
t)
1
I
II
\i
o
Yr
20
DT
\
\ii
tI
\,
\i'\,\
\u
t.
)
)
1
t^lptfYI
,' PAf
NN
?o
CUA/ru/,VGH4f\l
ji.
.L
v
..1
o|\t
I
I
Iiru
1
I
.0D4oR
:1
:r.
-{ !,
l.')-
t,
r
:J
I
I
5)'r
\t
G)
I
L
I
Iii
I
u-l
Ni
(rl
vf.O
ttttltlllllllllllll
o
l, ,l,,']:,.
l)
t,
. 1r. '
; l ,.l"f ':,,
l'
I
I
I
I
i
I
r':'i"
,q)..l
ol
t'-i
I
I
l!
I
.! I rlI
I
I
o
)-Nlo\{
-:.--._
(v
I
:<a
9
4
D-z
1,[1
t3il
1,
(.
'f
3\
2?
-/ ' ./a :/':--
2. Perce
ro:
3
t-.:
\\a
-(,eeeJ
C)
t
.'a
I-
^Y(L
I
5
z
1
I
.';,
I
i
a-
I
lr)
II
C\Ir),Oo(v
-.........
.5:
- --.-,-....-6:
I
-a
,:''.2,
t?
l
I7 5 I
I
I
FIll
I ?
r3
ACRE5 ':
t'
i
lr
ctR tsiMAs.
aL
rg I\
_.__-}-
F:tr- -
-o
F Fz =
- E6d< ;
e q^== e{- ;=-.
Sq <-;;
>d 6E=-'
=:" =E-i
-o rE>:.-d *-E-
iE ,EEP:
'irEsr aarr
Fa
fo*
Ar.',L
.3\:,.
Yz\;.'-.\x. ,"
\-'
6
Itr
'""fn.f.ri
\
I
|
;:;!;
L-::
".,]
"'.,- i
I
|.
3:
It
t_lT
:l
st
I
E]
!
a
roo -
,rA -] -
"-l
I
-1
I
'-.L:
.o 2lt
fl
l
r
\,
"'- r' F. I
I
fl
r
------ ----t
oaa?5
s
\
I
2
C1
r
2Oll
;.
i.r
I
i.
I
I
I
t,I
/6,'J,_
2
-.-:E
I
3 .t,
I
I
I
ili,,'l
IT--
,lr
\
1r
August I7, 1989
Mr. Frank Beddor, Jr.
7951 Powers 81vd.
Chanhassen, M j-nn.
VINELAND FOREST
89-09
APPROVE plans as submitted including(this means access from Pleasant View
FAILED TO PASS 3-4 vote
FORTIER & ASSOCIATES, INC,
ARCHITECTUHE PLANNING INTE I-IIOf] I][S
staf f recommendations ;
on 1y )
Dear Frank,
As requested, I attended and presented the ',alternative plans', forVineland Forest on behalf of the pleasant View Homeowners Assoc.
Dean l,letzel was al-so present and addressed the commission. prior
to the Planning Commission meeting, we had met hrith the developer,Mr, Van Eeckout, Pat Cunningham and Todd Owens. Jules Smith vras alsopresent to discuss development with Mr. Van Eeckout.
The planning commisssion had a very difficult time with this issueand could not reach agreement. Following is a summary of the motions:
MOTION:
RE:
COMM:
TIOTION :
MOTION:
I{OTION:
DENY PLANS
MOTION WITHDRAWN IN F'AVOR OF PASSING ON ISSUE TO COUNCIL
PASS ON TO COUNCIL WITH COMMENTS
PASSED 7_O vote
APPROVE plans as submitted
Pleasant View to Nez PerceT
FAILED TO PASS 2-5 vote
BUT WITH THROUGH STREET connectingplus staff recommendations.
COII,IMENTS: I
2
3
4
5
6
1
.l()B Trrrrrnrkp Roari GolrJpn Vallnv l\,4inneqoln 554.16 /612\ 5q?,12qq
#+
--...-
Against thru street, favors acces off Nez
Perce as shown by Pleasant View Assoc.
Weak preference for thru street, if not thru,then favors developers plans.
Wants thru street.
Against thru street, favors access off Nez
Perce as shown by Pleasant View Assoc.Against thru street
Against thru street
Wants thru street.
P]-EASAAIT \7 I EW I{OIWIEOT^7NER.S
C HAIrII{AS S E}rI , rvII AII.IES OTA 55342
Auqust 24, l9B9
T0: Chanhassen Mayor Don Chmiel
Chanhassen City Counci I Members
RE: Vj nel and Forest Pnoject
Deve ) ope r: Chuck Van Eeckhout
Van Eeckhout Buildjng Corp.
Long Lake, l'4innesota
Dear l"layor Chmi el and Counc'i I Members:
At the last Planning Commjssion meeting the Pleasant View Homeowners'
representatives were in attendance with regard to the Vineland Forest
proposed new home deve I opment .
The developer has purchased some property off Pleasant View Road and is
proposing a long cul de sac through this property to gain access to l8 lots
w'i thin his subdivi sion.
l^Ie feel that l8 more homes on Pleasant V'iew Road with an average of two to
three cards per home wi ll create too much tr^af f jc on Pleasant View Road and
r,,'i II create a serious detriment to -- PUBLIC SAFETY'
As you are aware, Pleasant V'iew Road is narrow and winding and is not conducive
to this type of traffic.
0ur architect, Daryl Fortier, was also in attendance at this last meeting and
we had him submjt an alternate plan to develop this land with the same amount
of lots--on1y the access would be to the south on Nez Perce Dnive. The Iand
that the developer owns off Pleasant Vjew Road could also be developed into
two or three lots with a short cul de sac.
It is my understand'i ng that origjnally the developer vranted to access off the
southenn part of his property on to Nez Perce Drive but that he was advised
by the City that this would be too steep of an incline. To date our architect
has met with the City Engineer and I believe they are both in agreement that
th'j s access is now feas'ible and will necessitate a I0% grade on only a small
portion of th'i s road.
It is not the intention of the Pleasant View Homeowners to "stonewall " this
project. We are not asking to reduce the size of the lots and we do not want
to cause any undue delays or hardships. It is our opinion that the same goals
can be ach'ieved by having an access to the south for l8 lots and a short cul
de sac off Pleasant View Road for two on three other lots.
There was a proposal to create a through street from Pleasant View through
the deve lopment onto Nez Perce Drive. However we are OPPOSED to this because'it could create a shortcut and put more traffic on to Pleasant View Road.
Enclosed are four jtems for youn review:
l) A copy of the plat showing the developer's plan with a
]919--long cul de sac off Pleasant View Road.
2\ A copy of a plat show'ing the southern access on to Nez perce Drive
and a short cul de sac off Pleasant View Road.
This plat is our recommendation.
3) An overal i pl at
southern access
of the area showing the developer's property with
on to Nez Perce Drive.
our recommendati on,Aqai n --s howi ng
4) A recap of
Home own e ns
the report which Daryl Fortier mdde to the pleasant Viewafter the last Planning Commission meetjng.
As you wi ll note by Daryl's
time and could not reach an
havi ng a th rough st reet .
nemarks, the Planning Commission had a
agreement. However there as a 5-Z vote
difficult
AGA i NST
Unfortunately they could not vote on the planthat did not come from the developer.
A group of repr^esentatjves from the pleasant
attendance on Monday night, August 28th, and
wou ld be greatly appreci ated.
submjtted by Daryl Fort'ier because
View Homeowners wi ll be inyour consideration jn this matter
Thanks a mi llion.
CC:
SJ cerely,
Frank Beddor, Jr.
FB:dj1
Encl os u res
l'4r. Don Ashworth, City l4anager
Mr. Gary l.,,iarren, City Engineer
Ms. Jo Ann 01sen, Asst. City Planner
Mr. Julius C. Sm'ith, Attorney
14r. Danyl Fortier, Architect
P Ieasant Vi ew Homeowners
Mavon Don Chmiel and
Chanhassen Counci I Members
Page Two
o({IooroOJrl|.)
:<
&, o,'o
:-NI"w
------
,q
C,e
?
=5
()
l\
1
foXu - :E; a z;. ?..E2-4 El t+a =t <Y,-, dl .
BEI <E
E l'= 9;
a=zf.
==-=-= ==-1- 11
=-
*. --.i-<; H:
=!? E=
3
a
z 't2Ff,
AEE.[??
Fg x
5;I
)
€
/',
t-t\,l6trl P4 It
I
OAD .
I oa
a./.<-sroe
q-
<
*)-
1 :<' .
P*cz OL C..-D'3
?4
l
iI
l-=
I --;i;-
7\
")
L 3L
le
t_
I
-'8
30
\+
/-
iJ
I
illo-
5
I 7.
-. 15
.'l
1
i
.:--,--1 .
t
tz ll'l
IiI
\r
\
S 8
Al"
i(o
lla -_r_
fY AUokNN
to'
''i; i
(l:
tl
I
t
.:
i,
,2. TNIS IS IIIE PLAT IHAT I,IAS PROPOSID 8Y
TIIE PLEASAIIT V I tI,/ HOI,1[OUIITRS.
}JE FEET THIS ACCOI,IPTISIIES THT SAHT
PURPOSE IJITH THE SAHE AMOUNI OF LOI5..
OUT IT I,IINIHIZES IHE IRAFFIC ON PL€ASANT
VIET ROAO.
I
{f
l:
I
a
FRANK STDDOR, JR
o
o\
i
.\
ri,
i,\
l0
I
!0.2
z*
t
i
681
tot
!
I
\)
q)
FI
q.)
;a(
.;
,)
:'j:llt!
l,
i.
,:',r
t'''t
@
!
iil rl
,ZC S
6go I
r '.. ;1...
Il,iz
b.<2.
;0, ;;
!r..
., JHd ,
N
lr)
ih
!-i
t,
to
,l\tt
r
,til
I
I
t.
li :)
c
li'j.'
IB
ItC\IF...r,..lo
1t
, ;l
tt
rl
LE
t
I
',,.,;..
.o
:
I
I I tl
YHg,V/,V/VOC
'.4..
,,1.,..
(!,.
t,
I
I: AECMAN I AIJE
I- ,-l,i
1,"t-
t:13 - THIS IS AN OVERALT PLAT OF THt
DTYELOPIR'S PROPtRIY.
T-1
I r--"
.I
IL
UE AnE AGAINST A THR0UGH STRttI BtCAlrStTrrrs DLvEToFfrExT courD Br ustD ri l ir,onrcur
,IO"HI,IY^ IOI .AND IIIIS !/OULD CRIAII IIORE TRAFTIC AI\OLL55 "PU8t IC SAFEIY" ON PLIASAXT VITI,J ROAO.
FRANK BEDDOR, JR.
-It"
c.-o
.;)
"x
,' '.,
1
".9
,)
la
,l
ri
j i1'
o,La :;
'-.3.i,^/t)
I
___3a_':o"
ou t{
I------1-
I
I
.'l
I
I
,l
,
a-
ll1
I
r
o
2
,
fl
..-,i
C (.r/V/VrAlGfrA
PAI --/-
f
p;
sF:"
Illll ltlIIl!I Ittlll
q
i
t
ta
_l
I
:l I'
J,l.i :l-
t.
)
I
I
I
I
I,..|
I.t,
I
I
I
I
t"I
t-,r,
1i","t'L
I
lt-
I
I
:
i
I
,?
,;
._7
ri L"
i.;; '-
August 17, 1989
Mr, Frank Beddor, Jr,795I Powers Blvd.
Chanhassen. Minn.
FORTIER & ASSOCIAIES, INC
ARCHIIECiI]HE ITI ANNINC] INTEF]OB DES
BUT WITH THROUGH STREET connectingplus staff recommenda t i ons .
thru,
I
COMM :
VINELAND FOREST
89-09
Dear Frank,
As requested, I attended and presented the "alternative plans,, forvineland Forest on behalf of the pleasant View Homeow.r".l As=o".Dean wetzel was also present and addressed the commission. priorto the Planning Commission meeting, we had met with the developer,Mr. Van Eeckout, Pat Cunni.ngham and Todd Owens. Jules Smith \,,/a s alsopresent to discuss development with Mr. Van Eeckout.
The planning commisssion had a very difficult time with this issueand could not reach agreement. FoIlowing is a summary of the motions:
MOTION:staf f recommendations ;only)
MOTION:APPROVE plans as s ubmitted
Pleasant View to Nez perce,
FAILED TO PASS 2-5 vote
MOTION:DENY PLANS
MOTION WITHDRAWN IN FAVOR OE PASSING ON ISSUE TO COUNCIL
MOTION:
APPROVE plans as submitted including(this means access from pleasant View
FAILED TO PASS 3-4 vote
PASS ON TO
PASSED 7-O
COMMENTS :
COUNC I L
vote
WITH COMMENTS
Against thru street, favors acces off NezPerce as shown by pleasant View Assoc.
Weak preference for thru street, if notthen favors developers pIans.
Wants thru street.
Against thru street, favors access offPerce as shown by pleasant View Assoc.Against thru s t reetAgainst thru street
Wants thru street.
I
)
3
4
5
6l
Nez
408 llrrnnrke Rcraci Golden Vallev l\,4innpsnt^ 55416 f612\ qo1 12qq
i,t-rf 7
--..--
i' .. .l ..,.
).il' I1,,':'-
.,,,i
uK
5r.loo
e7.
7o qc
s32
I, ll
o
I
(\
N
N
a
r\wJ
50
pr
o
I
o
N
@
,r - lus Is rnt TE-vtt-opEr,s pnoposED pLAl
IIITH A VERY LONG..LONG CUI- DT sAC OI{TO
PLEASA ] v I Ex-trOAD:-
IJE FEEL TIlIS ltloRxS AGAINST "pUBLIC SAFtTr"
oN PLtASAflT vtEH RoIo:-
(
1
/, I
rRAN( BEDDOR, JR
'i'i''.:r T
.r{'-t tl o 'l )
:.
\
." ';402
lae
..?
20
Dt
u
t2.l)
t,
\'f
1,.I{\
+
).-l
u
' P4?"
.- -:;. - -
{
N)
NN
;l
l.1
't.,i )
ilU
I },o\I
III
ol Ib.L
I
--tL
,,'/
\r-
I !
v\
ii -.-tiil
'r
'l
I
I
'-l;
\r
(.)
I
I il
a'.4
I
.l
\Y i4 P t"l
"l
Bo4D .0 l-O v
(rl
-,1 UI
tttllllll I I I I !tllll
t,
..,r i
ri
I
\,
ir
I
I
I
'( .
l\t "
I
I
I
r,,.: -
I
I.l
I
ol
CUruru/NGHA
I I
I
',t
r, l ':
a,
II
(,r )2?,rad.'ze
-a:.D
.>.
--'\'Z '-/' . -/
o
'.' 6 itu
r
tJ
I
zz
i.:,
. t:,-;i]
gl
z
+,
t.
x
o(,
(o
-tn
n
I;:-------
,r\olN--'
U
-t(
.cl'
i (,r
oI
:,\,
'!
11
t __--."\
--.'=]
EC)C
=e
?G)-
-b
35
I
2
I 1
. i -.-:
\
t
-.1
h.r lr,o'
I
I
zt'ol
.q':'
_-{ -..- -
.L
I
i
t
i
I
I
B 5 9
,-1(,e:?5o\
I
?
36,.J*
S
tr1
-. / I."\
.l!
l
ACR€,5
cre!
Ee
CHR ts?uns '
f
Iu
O)
I
to
ro*
q ts=oui 6o =Bi'- =Q q^== air E=:: r:g *=e=r
S+ <FF-i
<P. Gtrodo-* qP-?
E3 EES!
a--
I
AsE
:i : s,
__F
t.li.
f
!
L
4-T-
..4
Esi
e
DC
-,]
1
--l
l
.l r.l
l
..i
WO
5 l"'7 [
S ,. ./-
A.
I
1t
----- ----l
rc
roo -
2
I
I
: ."r
I
5
ll
?Q
)l
v ,--
-q
I'
,i
" - L:''
" 2l'--1
'f--
F"
l
,.1
lt
CITY OF
EIi,1NHASST}I
STAFF REPORT
5
BOA DATE: Sept. ZS, ifef
C.C. DATE:
CASE NO: 89-12 Va r i ance
Prepared by: AI-Jaf f
Fz
c)
=LL
*o
I.lJF
CN
PROPOSAI.:
LOCATION :
-.:,1:?t.r-{
APPLICANT :
/Dt,F
1710 Teal Ci rcle
l-t-s1.t11
,.r 'i ai:, l.:ririili"tot
A 9 Foot Rear yard
anda2FootRear
Deck
Variance ForYard Variance anfor Existing Deckan Existing
WilIiam Febryl-7I0 Teal Circ1eExcelsior, MN 55331
PRESENT
ACREAGE :
DENSITY:
ADJACENT
AND LAND
ZONING:PUD, Planned Unit Development
.345 acres
ZONING
USE :N-
s-
E-
W-
RSF;
PUD;
PUD ;
PUD;
single
single
s i ngle
s i ngle
fami Iy
family
fami 1y
fami Iy
WATER AND SEWER:Avai Iable Eo the s i t.e.
PHYSICAL CHARAC. :The site is heavily wooded.
2OOO LAND USE PLAN:Lor., Density Res iden EiaI
C BN
8o
o E:*ooJ)
oo
iON
ooN(.1
8r)
ooa
Gl
ooF
T
oo.b8@N-N M N n Ro
r{
-.---
o
!
tuLe L o calioa
RR
tLAe
n.ralsot I
,ti
PUD-I .)
J
a
I
cll
s
E
0
vrECR€
a
c :\CIFC
LA(E
\.,t
\l
r,!
*.$r
i')
.)
ey
E
o
e
L
I
I
I
I
I
WILLIAM FEBRY
SEPTEMBER 25,
VAR I ANCE
l-989
The Clty of Chanhassen
built 15 feet from theTeal Circle.
rece ived a complaint regarding
rear yard lot Iine, located at
a deck
1710
APPLICABLE REGULATIONS
Section 20-515 of the Zoning Ordinance requires a 30 foot
setback for a rear yard (Attachment *I).Section 20-908-d. of the Zoning Ordinance alIows unenclosed
decks to project 5 feet into the rear yard (Attachment *2).
The applicant lives at the existing home at 1710 Teal Clrcle.
The lot has tvo existing decks vhich vere bullt before
applying for a building permit. The tvo decks are atdifferent levels. The upper deek which has dimensions of 20feet in !ridth and 14 feet in depth, requires a 9 foot rearyard setback variance. The Ioll'er deck ,rhich has dimensionsof 14 feet in vidth and 14 feet in depth, requires a 2 footrear yard setback variance. The upper deck and lover deck
are connected by a stair case (Attachment 3). Both decks
require minor structural alteration to meet minimum buildingcode. The adjacent lob located to the vest of the lot inquestion is screened by a continuous rov of fuIIy grovn trees
and shrubber y,
The Board of Adjustnents and Appeals shall notthe Council shall not grant, a v.rr iance unLessfolloving hardship and practical difficulty.
recomme nd
they f ind
and
the
A
*
That the literal entorcement of the ordlnance vor:Ld
cause undue hardship and practical difficulty.
The llteral enforcement of the Ordlnance si11
undue hardshlp or practical dlfflculty on the
The applicant has full use of the Property.
not cause
appl icant.
That the hardship is causerl by special conditions
and circumstances t^,hich are peculiar to the land and
structure involved and uhich are not characteristic of
or applicable to other lands of structures in the same
district.
*It trould havc bccn posrlbl. to moat tha rcqulrcd
yard setbacks and a variance vould not have been
required had the aPplicant used the upper deck as
raar
a5
BACKGROUND 3
ANILY!I I 8
C
loot ylda u.lk yty thrt voultl lartl to tht lov.r dcak,and had the louer deck 12 feet deep lnetead of 1{ feet.
That the granting of the variance is necessary for thepreservation and enjoyment of substantial property
r ights .
RECOMMENDAT I ON
*
D
*The circunstance ls a 6eIf-created hardship. Had theappllcant followcd thc propar procedurc by applylng fora building permit, staff uould have aided the applicantand recommended an alteznative for the proposed design.
Although the adJaccnt propcrty 1a protccted by fu11ygrorrn trees and shrubbery, approval of this varlanceuill not be in keeping with the spirit of the ZoningOrdinance.
That the variance ui11 not be injurious to or adverselyaffect the health, safety or vel.f are of the residents ofthe city of the neighborhood vherein the property issituated and viII be in keeping \rith the spirit andintent of the ordinance.
*
Staff is recommending denial of Variance Request9 foot and 2 foot rear yard variance as shovn onplan dated February 24, L989.
ATTAC MENT S
Zoning Ordinance -Section 20-51-5Zoning Ordinance -Section 20-908Application.
Existing Features and proposed site24, L989 .Letter from complainant dated JuIy
S 89 -12 for athe site
plan dated February
24, 1989.
1
2
3
4
5
The appllcant haa uce of thc pzoparty.
That the special conditions and circumstances are not a
consequence of a self-created hardship.
(
(
.l'.z- ) (i)
(4)
(5)
(6)
ZONING $ 20.631
Sec. 20-G14, Conditional uses.
The follorving are conditional uses in an ,,RSF,, District:
(l) Churches.
(2) Private stables, subject to provisions ofchapter 5, article III.
(3) Recreational beach lots.
(4) Commercial stable with a minimum lot size of five (5) acres.(Ord. No. 80, Art. V, S E(S-54), 12-15€6)
State law refererce_Conditional uses, M.S. $ 462.A595_
Sec. 20-615. Lot requirements and setbacks.
The folrowing minimum requirements sha, be observed in an,,RSF,, District subject toadditional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is fifteen thousand (15,000) square feet.
(2)
C
C
The minimum rot frontage is ninety (90) feet, except that lots fronting on a cul-de-sacshall be ninety (90) feet in width at the building setbu"f.fi*.
The minimum lot depth is one hundred fifty (f[$ feet.
The maximum lot coverage for all structures and paved surfaces is twenry-five (25)percent.
The setbacks are as follows:
a- For front yards, thirty (30) feet.b. For rear yards, thirty (30) feet. l- :c' For side yards, ten (10) feet. \ i__-_
The maximum height is as follorvs:
a. For the principal structure, three (3) storiesrlbrty (.10) feet.For accessory structures, three (3) storiesifbrty (;0) teet.(Ord. No. 80, Art. V, S 5(S-S.5), 1Z_15,86)
Secs. 20.616-20-630. Ra5srvscl.
ARTICLE XIII. "RJ,,MI\ED LOTV DENSfIY RESIDENTIAL DISTRICT
Sec. 20-ti3l. Intent.
The intent of the "R-4" District is to provide for single-famiry and attached residentiardevelopment at a maximum net density of iour 1ll a*"itir[-rl.rrr" Ou. ."r".(Ord. No. 80, Art. V, ii 6(8.6-l), l2-15.86)
l2 09
(s
$ 20-907 CHANHASSEN CITY CODE
torvers' chimneys, smoke stacks, flag poles, masts and aeriars; communication transmis-sion towers; parapet walls extending not more than four (a) feet above the limitingheight of the building.
The following requirements qualify or supplement district regulations. yard measure-ments sha, be taken from the nearest point ofthe wall of a building to the rot line in question,subject to the following qualifications:
(1) Every part of a required yard or cour.t shall be open and unobstructed.
(2) A yard, court, or other open space of one (1) building used to comply with theprovisions of this chapter shall not again be used as a yard, court, or other open spacefor another building.
(3) Except as provided in the business, industrial, and olhce districts, the front yardsetback requirements shall be observed on each street side of a corner lot; provided,horvever, that the remaining tlvo (2) yards,rift _"", ifr" side yard setbacks.(4) on double frontage lots, the I'equired fi.ont yard shall be provided on both streets.lYhenever possible, structures should face tt e e*istirrg str"et.
(5) The following shall not be considered to be obstructions:
a
(2) Places of public assembly in churches, schools and other public and semipublicbuildings' provided that these are located on the first floor of such bu,ding andprovided that for each three (3) feet by which the heights ofsuch b"ildirg;;;;";;;maximum height otherwise permitted in the district, its side and *r. ,-".a" .fr"iiUJincreased in width or depth by an additional foot or"r the side and rear yardsrequired for the highest bu ding otherwise permitted in the district.(Ord. No. 80, Art. VI, $ 10, 12-18.86)
Sec. 20-908. Yard regulations.
a Into any required front yard, or rcquir.ed
cornices, canopies, eaves, or other archi
not exceeding tvro (2) feet, six (6) ioches
exceeding four (4) feet, six (6) inches: an
may project a distance not to exceed six
shall not extend above the entrance floor
ope n orches and chim neys may project
unenclosed dccks and patios ma-y project
shall not be located in a drainage cnd u
permitted by conditional use permit.
(
\o
side yard adjoining a sid.e street lor line,tectural featul.es may project a distance
; lrre escapes may pr.oject a distance notuncovered stair and necessary landings
(6) feer, provided such stair and landing
of the building; bay rvindorvs, balconies,
a.distance not exceeding three (3) feet;
a distance not cxcceding hve (5) feet andtility ccsement. Other canopius may be
The above-named features mi
interior lor line, subject r" ,h" ii,*L:"r',"""^'" Iilo'lr"r,llo'''"d vard adjoining an
Porches that encroach into the required front yard and which were in existenceon Fcbruary lg, 199? may be enclosed or complctely."Urit, ,,, the same locationprovided that any porch that is to be completely rebuilt must have at least aten.foot minimum front yard.
c
1
''1'
s
{
ZONING
$ 20.910
d. Subject to the setback requirements in section 20-904, the following are permit_ted in the rear yard: enclosed or open off-street parking spaces; accessory struc-tures' toolrooms' and similar buirdings or structures for domestic storage. Barco-nies, breezeways and open porches, unenclosed decks ""d prti".,-;;;"";;;;bay windows may project into the rear yard a distance not to exceed five (5) feet.(Ord. No. 80, Art. VI, $ ll, 12_15-86)
Sec. 20-909. Outdoor storage.
As otherwise regulated, all outjoor storage is prohibited except:
Clothes line poles and wires.
Construction and landscaping material currently being used on the premises.
Swings, slides and other play equipment.
Outdoor furnitr:re and lawn and garden equipment.
wood for burning in a fireplace, stove or furnace provided it is stored as follows:
-". ln " neat and secure stack, not exceeding four (4) feet.b. The wood stack is nor infested with rodents.c. The rvood is not kept in a front yard.
(6) Continued storage ofboats, a,-terrain vehicres and, snowmobires may be stored in theside or rear yard behind the required front setback.
(7) Outside storage of tires is prohibited.
(Ord. No. 80, Art. VI, S 19, 12.15-86)
Sec. 2G,910. Storage of recreation vehicles.
Recreational vehicles may be parked or stored in a resi<lenrial or agricultural districtprovided the following conditions are met:
(1) No more thsn one.(1) recreationar vehicle may be parked or stored outside on aresidentiar lot' Additionar recreationar vehicles may be kept within an enclosedstructure rvhich otherrvise conforms to the zoning requirements of the districr.(2) Recreational *ehicles must be maintained in a crean, rvelr-kept, operable condition.(3) Recrcationar vehicres shalr be mr-rbire and shclr .ot bc permanently .ffixed in theground in a nlanner that would prevent remoyal.
(1)
(2)
TJ,,
(4)
(5)
_(-
(4)Recrcational vehiclcs may be parkcd or stored only on the rear or sidc yard behindthe rcquircd front 'nrd setback. Thc parking or .io.r*o ui.""ru"tional vehicles onthe rcar or side yard, as pcrmittcd herein. may be on "J.f""Jo" unsurfaced areas-
Recrcational 'ehiclcs may be storctl on a lot without regard to the location on the lotfor the sole and express purpose of loading o"a *nfoodLgi* o p".ioa not to exceedtwentv,four (14) hours.
(5)
123 3
L
LAND DEVELOPIiENT APPLICATION
CITY OP CEANEASSEII
690 Coulter Drive
Chanhassen, MN 55317(512) 937-1900
APPLICANT:
ADDRES S
(C OWNER:
ADDRES S
\3, l\ [-e bt((
t'lro -T?n I C.rit<-
Ev cb\sroi .ss35l
Zip Code2r) n 1,1) 4"
Zip Code
anr l),
r1 [0 Te,r lCrrtle-
E ( (\5ro/d t.ls3 1t
TELEPHONE (Daytime )
REQ UEST :
(rtl-Lnq
Zoning District Change
Zoning Appeal
Zoning Variance
Zoning Text Amendment
Land Use plan Amendment
Conditional Use permi t
Site Plan Review
PROJECT NAME
PRESENT LAND
REQUESTED LA
SIZE OF PROPERTY
LOCATION
;\\c\.(\I
USE PLAN DESIGNATION
ND USE PLAN DESIGNATION
PRESENT ZONING
REQUESTED ZONING t-
USES PROPOSED (ctv t crn,{t:t +i ((K
tb E bI r'?ro -Tfn
I C,.r:lc
REASONS FOR THIS REQ UE ST
exist_tn3 d"
1 c f\(to
9CK, un hrc\r uoft< buri\L, uuiL\tCuF Qc(nr,t
TELE PHONE
Planned Unit Development
_ Sketch plan
_ Preliminary plan
_ Final plan
Subdivi sion
_ platting
_ Metes and Bounds
Street/Easement Vacat ion
wetlands permi t
t
I,EGALDESCRIPTIoN(AttachIegaIifnecessary,M
AUti ze lvuv
CIT-Y. OF. CHAN HASSEI'|
fhis application must be completed in fu].l and be typewritten orc.Learry printed and must u" icco*fianl"i'uv all information andprans required bv r"pricauie-;l;;%;;i;"nce provisions. Beforefiling this applicuiion, you shoi:Id .oniu, with the City plannerto deEermine rhe s oeci t i.' "ia i."i.-;; ;;;.p.o.edural requirementsapplicable to your application. -"-- -"*
City
Land
Page
FILING INSTRUCTION S:
FI LI NG CERTIFI CATTON:
Signed By
of Chanhassen
Development Appl ication2"
The undersiined reoresentative of the applicant herebythat he is famitiai wicn trre';.;;.;;;"iHrequiremenrs oapplicable City Ordinances.
certi. f i esf all
3 ri-y ?tA Date
Date
The undersigned hereby certifies that the app.Licant has been:::::li::: ro make rhis appriciri""-i","th.-;.;;;;ay;;.;i;,.
Signed By
Fee Owner
Date App lication
Application Fee
City Receipt No.
Recei ved
Paid
This epplication wiIIBoard of Ad j us tmen ts
mee Ling .
be
and
cons i dered
Appeals at
by thetheir Planning Commi ss i on,/
q_
e.
- -i5 ;8; -'):-5a - 8q !.!;aEiiIaa< T E A! !
-e:!ii!rt!rsI
oooo6a _
a
I
I
r-.1
o o o^ ro9l88t.31
<,
"st
/0' .
!
L}
.G
s
L aI,
o+n0
4)
// (.€7'-r-J
. tt
--j_I
?. l
r-1':ailU
II
l'
lE
0
\Si,\
i,,
7
ri
/l
1,,
. - -..q-1a.,::, tJ,
ea./,
o/v | - ?/<:/,\
q
bq"\t-\
\
(o U2o4
,,1 y' ,, ,/ /.J /" /:t-/ / '
o
.I\:
RC:Z :-,.'z:-,_ rr
.. , /u.29,€./.
-lz./--z-2:.'z)Z-
'o 1- -')
\
\
'1'.r
': (J
..i rJ
-la
-L-
)
!u
-rJ L
fl --r
.$
.l-)f
v.trt uh'trt
JO
I
"t .,4 ,)
;l
{ ''i.-. "
O
I
I
I .S'
ilt
.-!6 t; "i,, - - -
;:1-. ;:---:-:=-l- r, N "--
t/8 !2r,
I
11 tz",
I
I,
I
((
*-l- -' - 1 .--i -
Your Morgon Doormon
.-.. Tom Nye .l --r--
TUuT 24 , rqbs
- C ffw w4ssrr.r' Bari up r &J.^tS.D-PT'
7v-Lvlo"1lf me)/ carc erz^,,tZazat/4
-t/r-krt*)?o o^) lzcA.ar y' a, /Vo7-O,Btq//v?.*f
r/ry6 P AR.8/ze :1Pea$T Dftl<
/7/d
/wT oflrtr1 P)th\
'Gr-L C/R.LE P//qtr^.7 .y/zz +fA /ap)r/24,
E1 OF Al5 C+t r72a7677a1.2 21-
tuy
o1Q
'- -T*6.1 f ctonal ?n^r t?? /)/s larF a?Dzte
I fr- 4"5- ryr-perzl, plrlt'S d/traceot. TAn ,L
-' -dQreemi*l- ,ryr/7o ,/// rlis atqb.6orz: y'ltr' lf DEcr
I ig 44 obrhisin? 0,4/fr-n u,lty'!n/a/"/tr loo"/i6//-
I
7,1d4 sanr,t/ at?t go reTsy'eerz/ t c.rtl&'tl d,bl
hlcrh (arrhqry't;z*'r rpdr rty' hr,t tl /7/aa,a-/DrrK.ti fb, rlmF 10,,6//rir,.^,. fre lz,l/nvt^.t.i /Z//
'. ht "r* At y's c/arF lr tfzqra -,lry' /o-, '/ Jrrl
/ s Qzouo5 r77a tvaa Dhc,/(, *LC fitvtr| l,l r
be z* rpsz/vro/7 4t t\\tz. a,*y'tr ltrs p,.u'i,/ loA, ,*nr{//.
$qr,," Zwa//a,.irh zbb,t,,e;l ao/t r.b-y'7-d,n /;fzk/ ro//A2-lo/ Tttttrv,ttrc/ Ftrcnyi pK,<-
-?a /t'f
/6ft /- 6?ry'.
47/-6/4r.
Ao
Morgan Pmducts Ltd.
I
.-,1
I
r1
I
'l
(-CITY OF
EHINH,[SSEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 ,ii-;oa i7 Cil/ r.i,n,::r',r1,cr
*ttt"t--Z_.fu.!!MEMORANDUM:
TO: Park and Recreat ion
FRCM: Lori Sietsema, Park
DATE: September 5, I989
ll.:iii ,J_.
Commiss ion
and Recreation Coordinator
So 1e 1y
ne twork
a neighborhood
-..-1:2?:tl
i :-l
SUBJ: Curry Farms Sidewalk Request I-ts-!1
Attached please find a petition from the Curry Farms residentsrequesting that the sidewalk requirement be reconsidered. Theyfeel Chat their neighborhood has low amounts of street trafficand does not warrant a sidewalk. Therefore, they are requestingthe sidewalk requirement be delet.ed from Ehe development contractand that trail dedication fees be collected frorn Centex Homes Corp.
Staff finds it difficult maki.ng a recommendation on this request.In the past year we have had numerous discussions regard.ing wheretrails and sidewalks should be olaced. The Commission rec6m-mended a.policy regarding sidewilks and trails that was iaott"aby the City Council. It is logicaL ihat the Commission wouidrecommend upholding that policy. That policy, as stated in theComprehensive Traj.l PIan, was to endorse sidewalks/trails alongthru streeLs to connect neighborhoods to other neighborhoods,parks, schools, downtown, etc. Sidewalks,/traiLs aie not cal1edfor along deadend streets or cul-de-sacs-
What does the attached request represent?sidewalk or a link in the city-wide trailsuccessfully a rgued .
both cou
r-989 ) :
'7[l
Park and Recrea t i on Commission UDdat e ( September L4,
The Park and Recreation Commission reviewed a request from CurryFarms residents to reconsider the requirement that. a six footasphalt trail be constructed in the Curry Farms development. Apetition from the residents was presented to the Commiision mem-bers for their review. The letEer accompanying Ehe oetitionincluded the reasons vrhy the residents tirought-the money neededto construct this trail would be bet.ter used elsewhere.
After hearing from Ehe residents in att.endance, time rras aLlohredfor Commissioner cornments. A motion was t.hen made to delete therequirement Lhat this sidewalk be required and instead collecttrail fees from the developer to be used elsewhere in the City.The motion carried 4 to I.
Dear Chanhassen Council Members:
We are sriEing co you concerning the asphalc Erail which is
currenEly planned Eo run Ehrough Ehe Curry Farros neighborhood'
The craii is planned to be 5 ft. wide and will run along che
front and sides of exlscing houes, froE Lake Lucy Road Eo PoHers
Blvd along Devonshire Drive (See the agEached maP).
When Ehe residenEs of the neighborhood found ouE abouu che
scheduled constructlon of Ehis tratl, !,e were boEh surPrised and
disappoinEed. Curry Farus ls a lorg tlafflc nelghborhood, even
choullr lc ls very close to cooPletlon. The planned crall ls
neicier ntc.ttary or desLrable ln Ehis cype of seEEing' Thls
senEinenE is wideJ.y held, by Ehe residents of Curry Farros (a
mernber of Ehe Park and Recreatlon Board recenEly Ealked tiiEh mosE
of che residenEs and found no one in favor rhe Erail's
consEruccion). We have also surveyed Ehe residencs and have
included che signacures of aII of Ehe residencs of curry FarBs
who are opposed and in favor of che proposed Erail' The cra''l
.Ito pro.,iiet no vital link in che crail' sysEems, since Ehe Lake
Lucy Erail and Powers Blvd are already linked'
The trai] syscem ieself is a greaE asseE to Chanhassen and its
residenEs. We feel rhac a moie useful and pressi'ng need for chis
money could be found by increasing the Erail fund or connecEing
maior porcions of che existing system' l'Je.have spoken vi'ch boch
ceicex-and members of Ehe Pari and Recreacion Board' gnd although
everyone's wishes seem Eo be consistenc wich our own' we have noc
been able Eo come Eo an accePcable solucion'
Ue r,rould like co have chis issue PuE on the Council Agenda so
thaE all sides may be heard from. tJe thank you for your helP
chis maEtcr and llok forlrard to discusslng ic wich you'
1n
Sincerely,
The Curry l'arms Res idencs
)\,.-,--.- r. -r \Lf
) ,,\-\l! .-
irl--'
(-;r-r,-
I :{- l\
ii,Jl; :l jj llidg -
CiTY OF CHANHASSEN
t
:; I
oi
:! o
(h
llJ ?s=otrtr<
xo
Iu o-r-E:zot! (Jo
',t.;:
ii r'
; ,r:
Itt\t4l r
a<v
\.)
Q I
J
&t-
lt,v
P
t
.t-
-o
F
*tu
a>
E
.{
A
o
(.J
t!
6a
r:
.:"I.:
.!:r:
\:
E
\::
a!!t
\'
4 3!
lr
?d
\S
N
///
Residencs of Curry Farns opposed co the planned trail onDevonshire drive:
:
)/1-L.
\ c-''u O
A).I G-c
L
'/ -
';7/-l-r
15.: r
brlo
jl::-J-rrx-
{rroJ
,,: /* i2 r'- .,,-11-
!*"--*.,-
.()p*6o,;Lcoe
)rtrf*r, U.
tkz/rr^Lu
$*.t^r p*l (-Y-,/,\-
t - L.'A ..Ll t lt-'
lr lso- -; '"-/\
I
/I
i,/t.1
.l'-t'
-,.,'j.:/_L)
-irt'
f i i: -'-':;L ,,,, ] \ /jL. L":./ !. \,'
( /7t /t,,..,/rn_-
.a
YJ-
,- / it1 rL\ ;:
t,
Lc^-ft
!-
(i.
,4a* t .'t'; // t'/rl,?-' (I4LL.</LE LC
/i:t tL I)-Lt-<.<-.2-. L
t,- t .Drrr, - ).,,'., ..-l -LL''-\
) /,"-
4.:Li,c'r \,-2, rL l !+,+-'\.< \
i
/fl a 1)6:tt,c'l'*,!-s )?
/2,;ct {tta frzt C:J- ,
- z-nda ,-lr /E_.t,.-_
S ICNATI'RE ADDRESS
Resi.dencs of Curry Farms opposed to the planned trail onDevonshire drive:
SICNATURE ADDRESS
htil-*
iL4 4
D
-r--'\J.LnL
f
lL,c.
o
1-{Y-rus t'k ClDk
b€tc DsttetC/,t,*t
b4tt tkuaufui.{
1: yo /tr^ffi"..--C/-
baa tUuyCt
L sro
GV tt
Gba t
l3lr)
/ zqt
{
<c
,rJeC".^--
C'C,*-SL-_nJ+r+CF:-
te-f r Lri'.
ftrlrrql*1 q,*
3tr"\h:n (' * ,,1Lr*
L,,,J ^ ------
Lr- L
- \i-.^ j 1t--/
,,r, , ,
.2le tf,,lu
,
/-,/-l -' '1''' t'':i
/) /,QYr'
: :., a)
("(,
I\-l r.'/
-)fUGt r -\ t'""1't tltht^ is{( D /n., C,D-t- .- r-
'/:).'.t;-De. (,..-,-I,)^I. : 2.-/' t L-L5/< ' c: ,'
.n1tl_
,/.lL -
I
(
,t
l\_
u),--t
:- '.\ I
.(
[crLcpl i'ti
;._\i .\\,
L-" ,
--r\[[ ][
..",", -/-.,_.: t-L^
I
't
i, ,i\
J2 , -l-, rr Lr-r'-{r_
l_ ,( 1.,;r /l a- r !, (- 1.-
, ,..,i \lj_lr \ -*',-\-.'
:
!..'z'r__
n, ^,,t -, .J /!q. c.- ' '!
,|
r,1-,,-"-..1r--
LOtL'; L:,1
Lv€( (r11
,
/ . t..'l
(^)
(r (c -:5 I l): .t-)t-',[,, . ,
?c.s\\rurtr.lt:- k r-,5s Uo"cN>\;-\,.\\
(_
\t({-Dr-
Residents of Curry Farms in favor of the planned trail onDevonshire dri.ve:
SIGNATURE
{Yqt E -h"L U6^-'
(
,],.
, cr.
ADDRESS ,
W,
U ITY CF
fftrH rl NE$E IE ilililAtr
u,f$$tau fr$dt[i Hfii Iu
690 COULTER DRIVE O P.O. BOX 147 ' CHANHASSEN, N4INNESOTA 55317
(612) 937-1900
ITIEITIORANDU}I
TO:
FRO}I :
DATE:
SUBJ:
Lori Sietsema, park and Recreation Coordinator
Allan Larson, Sr. Engineering Technician
August 29, L989
Curry Farms park Grading and Sidewalk ConstructionFiLe Nos. 87-16 and 88-a
on August 24, 1989 r met with John spiess of centex Rear EstateCorporation ano DaIe Gregory to discuss repairs, i.e. grading anciJ,eveIing of the curry Farins park. rrom this dJ.scussiori, -C.nt."
will eit.her disc the park or supply money to the City to havethis completed and the parks Oepiriment wi1l level- una "u"a tnuparkland.
r.asked }tr. spiess about his time schedure for sidewalk construc-tion and ciiscovered thar a perition is being circulared ;ilh."the curry Far,ns neighborhood to prevent si,l6wark consrruction andto apply the money to park equipment. Therefore, .rtr. Spiess hasbeen holci;rg on the srdewal-k -coistruction. the park .na ---
Recreation Corn,rissicn need.s to determine if a sidewaLk is to DeconstrucLed and to inform i,lr. Spiess of any decision macie so t.hatsidewalk consrruction can be built this year.
7.CITY OF
EH[NH[SSEN
690 COULTER DBIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, Cily Manager
DATE: September 25, L989
SUBJ: Delinquent Utility Account Certification,
View Road, Mr. Michael Clark
BACKGROUND
ANALYS IS
695 Pleasant
The delinquent uti.lity certification Iist presented on September1I, 1989 incfuded Mr. Clark's property on ileasant Vj.ew R6ad inthe total amount of $IL4.78 (attached). Mr. C1ark protested thatcertification t.hrough his letter of August 31, 1989 (also attached).This office recommended and the Council endorse approving thecertificat.ion Iisting as presented. In doing such, the Councif
a.Lso instructed staff to place Mr. Clark's request on to theSeptember 25th City Council agenda toget.her with backgroundinformation regarding such.
I do not recall talking \rith Mr. Clark in June as noted in hisletter. Another similar reques! was received during this sametime frame and processed. Although the other item had been sche-duled for City Council consideration, the applicant withdrew hisrequest prior to the scheduled agenda date. Although I do notquestion ltlr. Clark's recollection, I am unsure as to why oneapplication would be processed while the other being held back.
leakage. In high groundwater areas, it may be difficultto discover Ieakage for several years. These points areespecially critical for properties adjacent to lakes; and
Our Senior Engineering Technician has verified that sanitary
sewer is available to the property and within the required con-nection distance. The City does have the ability to require con-nection and, where the owner has failed to heed that notice, theCity does have the right Eo charge the owner a sewer charge eventhough not actually connected. I am attaching a copy of Ehe
ordinance which establishes the basis for charging properties
"not connected to serrer". The logic for the ordinance is t.wofold:
1. Potential Pollution:Older septic systems are prone to
Mayor and
S eptembe r
Page 2
City Counci 1
25, L989
2. Utility System Operations:Courts have general ly
understood and upheld a City's position regarding the
necessity to operaEe a utility system for the benefit of
all properties. If this system is designed so as to
accorunodate all property owners (oversizing of pipes,
higher pumping capabilities, etc.), but yet only a few
need to connect, then those few who do not connect must
pay for not only their usage but the systemrs costs which
are benefitting a1I .
It should be noted that the City has been reasonably accom-
modating to the previous and current property o$/ners of this prop-
erty. Although reading the aEtached utility summary may be
difficult, what it shows is that the property was billed at mini-
mum water and sewer rates (S8.00 and $9.50 respectively) for the
last three quarters in 1988. This was done as Lhe property h,as
being remode.Ied and no one was living in the home. This charging
system is typically used for winter billings of seasonal homes(Carver Beach and Lake Riley areas) as well as for new (unoccupied)
housing. When the property was occupied during the first guarter
of l-989, the sewer billing lvas set on Ehe v/ater consumpLion basis(1ike all homes within the cornmunity) r rather than the higher
amount established under the ordinance, i.e. $83.50 per dwelling
unit. I would Iike report that this was a conscious decision
based on rationatly considering whether the $83.00 amount was
reasonable. Unfortunately, our best guess is that the wrong
"billing basis code" was entered in January. In essence ' Mr.
Clark has seen no penalty for not connecting to Ehe sanitary
sewer as his billing would have been exactly the same as pre-
sented if he had made the connection in February versus today.
RECOMMENDAT I O N
Staff would recommend thaE the property owner be encouraged to
connect to the sanitary sewer as quickly as possible to insure
that future questions as to equitability do not continue.
n
IlIEIUORAI{DUTl
TO: Don
FROlI:
DATE :
SUBJ :
690 COULTER DBIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Ash$rorth , City ltlanager
CITY OF
EH[NH[$STN
/MDave HempeI, Sr. Engineering Technician
September 19, I989
Sewer Availability for 595 Pleasant View RoadFile No. PW10 5
In 1977, sanitary sewer and ivater was installed under project No.
75-10C to service the area. A sanitary sewer service was pro-vided for the property at 695 Pleasant View Road. The sewer ser-vice stub is wilhin I00 feet of the existing house. Upon fieldinvestigation, I coul-d find no reason why the parcel could not
hook up to the sewer service stub provided. I have attached acopy of Ehe sanitary se\,/er tie sheet for your convenience.
Attachment: Tie sheet.
c: Gary !^larren, City Engineer
SCHOELL & MADSON, INC., ENGINEERS & SURVEYORS
HOPKINS, MINNESOTA
WATER, OR COMBINATION SEP.VICE FORM (CIRCLE ONE)
{
Mun icipalitYProject No.
Service No.
Sheet No.
t/3 /./g
SEWER,
Street P/z.ren/ heu nad House No.
Lot No.Block No.Parce J- llo.C
Add i t ion .5
SEWE R :
66 iEtream Manhole No. /2 3 Sta. a t P.L. from Downstream Manhole 2lz5
Elevation at C.L. of Sewei fiEin Top Foundation Elevation
Depth of Basement_- D
Diitance from S ewe-Iffil-n to
epth of Clean-Out
CIe an-Out
o/" of crade for Servi ce to be installed(If minimum grade service)
Length, size, and tyPe of se
WATER:
D6 iEtream Manhole No.Sta. at P.L. from Downstream Manhole
Length , sLze, and tyPe oI serv:fce pipe_
/14 /,ywLce pipe /Q'6-485 pepth at p.L.'3""
l(
o
Check if riser is not installed to within 5' of surface at P.L.
Denotses sewer service end _72 Sz<a/e4Denotes water curb box
(indicate N th by arrowhead)-/racf E
4 zotr.OJJ
Yl itlovl
16" ytitlod
t
6Z
il
'\i
I
I
t
*Ott Seryer
26.5't9'
Cont!actor e//?Fo reman
Date .iTied bv A,
\
Location ano ePt o s e!vr- ce s certifieC cor by Date
Depth at P:f-
'r
tz"I
MH tZ 3 &grneof
Mr. Michael Clark
695 Pleasant View Road
Chanhassen, MN 55317
0/oa //)L
August 31. 1989
CITY OF CHANHASSEN
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
TO THE ATTENTION OF THE MAYOR AND CITY COUNCIL
Dear Mayor and City CounciL:
In regards to the enc.Losed letter: I have been in contact withMr. Don Ashworth in June 1989. I told Mr. Ashworth I didn'tthink the city could charge for a service I wasn't using. (r.e.
sewer service) He informed me that "this is a city ordinance". Iasked him if the ordinance has been challenged in court. He saidhe wasn't sure. I assured Mr. Ashworth that I did not want topursue legal action, however, I had no intention of paying for
someLhi ng I wasn't using.
I then explained to Mr. Ashworth that Ihouse, and had no objection to hookinghim to cancel these charges until I wascity sewer system. He told me he wasn'he said he would check and get back tonot heard from him. The next contact Iletter from the City Treasurer.
had recently purchased my
up to city sewer. I asked
able to connect to the
t sure he could do that,
me. As of today f have
had with the city was the
S incere I y,7t/*/ t%/-
Michael Clark
I have received an estimate to connect to the sewer system. Thecost to me will be Sl,26g.gg to S1,100.00. I will connect to thecity system in October if you cancel the sewer charges throughSeptember. If you decide not to cancel current charges, I willstay on my septic tank and be forced to pursure legal actionagainst the c ity.
CITY OF
CH,[NH,lSSEI[
August 7, I9B9
2-?OO712
695 Pleasant View Road
25-679AO LO
Reg Land Survey fl18 Lot A & Und, 1/3 in Lot D
Mr. Michael Clark:
l.le are hereby notifying you that the Chdnhassenwill hold a Public Hearing on Mondey, September7330 p.m. in the Council Che.nbers at Chanhassen690 Coulter Driver Chanhassen, llN,
690 COULTER DRIVE. P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(6r2) 937- 1900
NOTICE TO PROPE RTY Otr,NER
DELINOUENT UTILITY CHARGES
City Counc i I
.ll, 1989, at
trity Hal l,
The purpose of thig hearing is to certify delinquent uti. lityeccounts to thp County Auditor for collection with propertytaxes, payeble in 199Q, The amount to be certified against theabove described property is $ 114.78 . This balance must bepaid in full prior to September l, 1989, or a 20 percent (*ZO,OO
mi.ni.mum) certification fee will be added and the sum certified.
If you wish to attend the hearing regarding your delinquency, anycomments you wish to have considEred by the Council should be inhrriting and Eent to the City (attention llayor and City Council)before September 1, 1989,
Sincerely,
Wg 74r.-;,*,,)
J ean
City
meu|.ri ssen
Treasurer
J l"l : be
CITY OF
EEIfrIIHfiSSEN
690 COULTER DRIVE . P.O, BOX 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Dear Mr. Clark:
Thank you for your letter of August 31, 1989 regarding yourrequest for waiver of connection t,o t.he.City,s lewer in& watersystem. I have scheduled this item for the September 25, 19g9City Council agenda ( tenE.ative agenda attached).
If you have further questions, please feel free Eo contact ourCity Engineer Gary l,larren.
Sincerely,
<C
September 15, 1989
Mr. Michael Clark
695 Pleasant View Road
Chanhassen, I\,lN 553I7
Don AshworthCity Manager
DA: k
Enclosure
cc: Gary lvarren, City Engineer
CIIY JF CHi;lltASSE,{UTILITY CUSIOIIER HISTORY PERIOO ENO O?-31-E9 EILLtI{G 2 0E.22-S9 RUT OAIE OII21r89 PAGE 6]z J 0JARTER 1998 r 3RD aUARTER rgss ' (TH oUARIER l9s6
2-aJ,)5 r6 82'
?5-60000IcJsE t8iiAI 22.q5;tt 61,10c .oo'0I . oo'xI . oc
0116 2 312
2
3o.00 .
.00 r
.00 r
201.66 ..00 |
9.00 .
.00 |
26.10 |
CHINHAS!EN
3E 121
. c0 rrlT
r,r N 553 t 7
6o
50.5c
19. 9o
!9. 50
,, I t .0059.t0
tsI 0utRT€R l9E9 r ?No auARTER 1989 r3R0 CUIRTEn 1989PLETSAIII. VIEIJ RUAD G ORO ON rHI IEIITN, JR.or I0 0r00I sEii. 2t 30
. oc I
.00 I
.00 i
81. 55 i
81.55 |
245
50.50
61.10
8.16
.00
119 .9 6
.00 itETER* 000533318295 50
{ 2.00 .oo r61.10 .OO I.00 .oo ..00 l03.lo r.00 .oo I
00 3F 37{45
TJEFFIEY
'tAY470
.00 rSEy .163.25.00 +LC .,'-rr31.6e316.8I i B. F.;.\o 316.0E.00 rI0I '. a_ ,162.32|tr..- i .^.
c HIN HrssEN ,''rx tlat?
2l tl5 24
60.00 *
. o0 +
.00 .
119.96 t
r 00 r
125
25.00
6).25
10. 31
103.10
363
31.E0
61.2'
?0.17
201.66
.00
2-Znn7 r2 69i PLEtSaTJI vI
2 i-67 9 001o ol 1o 000LARIlY
'L
ENELLI116
Ei/ ROTD0l 5EH.
nIcHAEL cLArK of- n- {
PLETSAI{I VIEII ROiD JEFFREY TAY
-0I- l0 0co0l sEl{. zt 1905G000 rHRi. riANCy USGOOO22 \20 7..90 . 28.\c .oo.00 r {6.05 .OOb4,25 r .OO 7\.t15.0c | 74.q5 .oo
. OO NETER ITJEFFREY TAt(51r 25.85+ 46.0 5r . oo+ 71.90
.00 I
.00 t
71.9 o r.00 |
I5.6'
39.60
.00
55 .25
.00 |
.00 |
,5.25 t.00 r
L?.3t
39.60
.00
56.95
.0c rt ll.00 lSEr
56.95 r8.f..00 rT 0I
l-,tJ0?{6 74 'zt-0ot )71X
nn s. ,AilC Yr!€ SrlSLAI tE. zot q6.05
oT . g)iI -6(.2,
?l 26I L ARRY FLEIIELLIIT6
( 39. 0.00r 9.50r .oor .00
.OO IIEIERrTLARRY FLEIIELTING4(t
l9
.JEFFREY IlAY
{91
CHANHISSEI.I
rH ICHIE L CLrRK IILARRY FLEIIELI"TNE
46?
519
0. 00
10.10
.00
26.10
AI
:
JI
iT
(lt
3.00
9.50
.0c
. cc
I7.50
.00 r.00 r
.00 +
17.5 0 I
.00 r
8.00
9. r0
.00
r 00
17.50
.00 t
.00 r
.00 r
17.50 *
.00 I
21.60
54.65
.00
.00
21. .60 76.25 .
.00 r
26.0c r.00 t.00 r
.0')
.00
.00
17.ic
.00
502
29.2 5
,4.655.ql
54.6'
.00
t5.00 illlT
.oo rsEt
.00 .LCl({.02 r8.F.
29.25 rt0t
cHtNlilssEN
ll 511.00 .Ir I.00 lSEl
HN r53l?
,69 6?56.(5
5(.6'
9r,r rr l{.{0
56'151t1.7?
I 5r3l7
2-20rt5a 665
:5-630CClC;E 479iT ?.70.'t 22.401T .corJ lz.IO
PL E,1S AtI T VJE|/ I(OAO PEIER10 0000I sEH. 21L2 497.00 ' l{.80.00 | 22.4032.10 r .OO.00 | 37.20
.00 ttEIERt 0t1E399555r0 13
l,0.5 5 .00 |22.10 .oo r.00 3 2.95 r!2.95 .oo Itrll
IHIELEN
9
l8.00 i
.00 r
37.20 t
.00 |t fo'26.95.8.F. ,.rrr
100 (- |
tl
0. t,
10. l0 :
.00D.e5 I
5 30
E.85
18.10
26 ^.-io ,| -..-b c...^lrv
I
k63bx r
't
-!:j lti:t'.
:."
I
A. Structures Con
3
Both Sewer and I,tater:nected to
A quarterly charge, I.1"?9 :l winrer guarter municipalwater usage, is hereby. imposed on "u.=f,-"ingle famiryattached dwerlins, .l:h singre iu. iii^'a"r"ched dwerrins,each commercial structr.". .id u".t iiailtrial structure,which is connected .: p.h t[.-^"if.iifi ,u.". sysrem andthe municipal sewer system as toffowsi--
I. A minimum charge of $9.50 per dwelling unit, per com_mercial structure, per indusir iui - li.,r"t ure and perbitlinq starement sanur;a;;,-;;;-.ii quarrerry warerusage not exceeding 5,000 gallons,
2. A separate billing statement shall be generated foreach water meter, and.
A. charge of S2.I5 per 1,000 gallons orthereof for aIl quarteriy *"i;;-;;;g;'5 ,000 gallons.
fra ct i onin excess of
A-lternate Sys L em of BiIlin g Computat i on
Connecte d to Sewer but to [,ia t er
1. Regufar Res i dential Rate.
least onea9e, andof of whom is at least 65 years
A quarterly charqe is. hereby imposed on each singLefamiry arrached awerrtnf-in6 ;;:;";i";ie ramirydetached dwelling which is connected [o tne municipalsewer systen but nor !" !!: municilif iater system asfollows: S41. 75 per dwelJ.ing ;ia:-- "-
ffi"fi:li";:,sl8l8l'il.quarter if said dwelling "nit i.-o"Irpi.a UVno more lhan Lwo persons:
II_y:a.. .consurnption during the winter billingquarter does not accuratelf upp."*i*"i. actua.l- sewerusase rhroushout the. entirL biiii;;-;;;r, rhe quar_terry sewer charse shalr be ;;;;;"ip;;'1u.., .on=r*p_tron durins such other birlinj ;;";i;; "" *o".accurately refrecrs acruar =";"; ;;;;; iuring theentire birlins :i ""i.i-..i!Iili.i." durins anyf:::l::_t: birrins quarter does nor atcuratelyapprox.1mate actual scharge shar-r be bu""':":: -:"ag e ' the quarterJ'v sewer
consumpr ion a,,.ins ifr.'Hi, ::";iiirff T:::lr.:":;:nother rnerhod as ii tne opiniJn";f iil: iity rnsin.".which most closely approiimate= ..iu.f -^".r",
usage.
B. S truct ures
a
I
at least one of whom issaid dwe.1" I ing uniL.
-2-
the owner of
Not
l
1r.
b
2. Non -Res iden t.ia1 Rates.
Not Conn ected To Sewer
Iactual private sourcupon the rares set forth in a;;t;;-;:"above, if a water me ter i nj-- s!" i"."u.lloauuto rhe Ciry has been instili6a,-tili."e;'.rlraccurate water consunption records aui-'1"established.
The
d
Ie
ich
A quarterly charqe is hereby imposed on each com_mercial srructur6 and each irJrliiiI'r".Jtrucrore,which is connecred !? rl" .;t;i;;i-.eie. syst..but not to the municrpal water system, at raLesset. forth in Section A, above, "ia "", tf,.basis of deemed sewer usage as estimatei Uy tt,"Slly_"nsin"er on a case-b|-cas.-o"=il'Ipp.o*t_mar1n9 as croselv "= po""ibt" ;.i;;i-=;;"r usageof similar land -uses actually connected to themunicipal sewer and r"rater systems.
C. S truct ur e
I A quarterLy charoe ,lr:. !:r.Ot imposed on each singlefamily arrached iwelting "na .".t ;ir;i" family9i_t9.r,.a, dwerrins, whic6. i;-";;-:""';Iltea ro rhemunrcipar seh,er svsrem
-tir ough - !o;;;;; i;" is requiredby city ordinance as fol],ows:
S83.50 per dwelling unit, - provided, however, thatthe quarterlv charge strail- ue Sia.jt per dwellingunir if said dwelling unii i" "i.ror"o by no morel!::..yp persons, "t-le;;i "i""Ii'fr,o. i" .tteast G5 years of ?ge,_ ald .f-i""=i' one of whornrs rhe owner of said a""jii;; ;i;:
1.. Tu::u.ll charge is hereby imposed on each commer_cra.L srructure and eacrr inaisiil.r-!ti".ture, whichrs noL connecred ro the.,"u.,i;i;;i-=Jilr-.
"y=.". rhoushconnecrion is reouired pv Ciiy-"id;;;;;"", ar rheI:::: .:r .forrh in s..ti6n;;, J;;";-li..n"oa s:- s of deemed seweens i n e ei ; -;- ;.
"-:
:;; -:: :3 " o::, :" $;?::i_..L n f
.
u;t. "crosery as possibre ir"- ri^""-l..JIi'Il,i", usage ofil};' i' 5' o'"1:. "';' :r S::;31 lv'""' I' t-ii i5- t i,. .,i i. ip. r
l
i
2
D. E ffect ive Date.
BE IT FURTHERfrom the 13th
Passed and adopted
Chanhassen, Minnesota
RESOLVED That theseauv "t-J.nrliri"ii[.]"tes shalr be errecLive
by the City Council of the City of
this l3th day of January, 19g5.
-3-
E I
_C
_(
x
WA'TER, SEWERS AND SEWAGE DISPOSAL $ 19-42
ARTICLE III. MUNICIPAL SANITARY SEWAGE DISPOSAL SYSTEM'
Sec. 19-41. Penalties.
Any person violating any of the provisions of this article shall be guilty ofa misdemeanor.
Each thirty-day period that a violation is allowed to continue shall constitute a separate
offense.
(Ord. No. 5, $ 8, 3-11.85)
Sec. 19-42. Connection required.
(a) The owner of each existing building or structure from which sewage or industrial
waste is drained and which is located on premises adjacent to a sewer of the city sanitary
sewer system, or in a block through or to which the sanitary sewer system extends, or is
within one hundred hfty (150) feet of said sanitary sev./er system, shall cause the premises to
be connected with the sanitary sewer system of the city within twelve (12) months after such
connection becomes available to any such premises, unless in the opinion of the city council
a-fter consultation rvith the city engineer it is neither feasible nor practical to make such
connection.
(b) All buildings and structures constructed within the city after March 11, 1985 on
premises adjacent to a sewer of the city sanitary sewer system, or in a block through or to
which the sanitary sewer system extends, or is within one hundred fifty (180) feet of said
sanitary sewer system, shall be connected to the city sanitary sewer system for the disposal of
sewage or industrial waste.
(c) Any person required by this section to connect premises with the sanitary sewer
system shall cause such connection to be made within thirty (30) days after receipt of written
notice from the city ordering the connection. Service of the notice shall be suffrcient if served
personally upon such person or served by certified mail addressed to such person at the
premises.
(d) Whenever any owner shall fail to comply rvith such written notice, the city council
may by resolution dilect that a connection be made rvith the sanitary sewer and that the cost
of the installation be assessed against the property benefitted.
(e) After such city installation and connection is completed by order of the council, the
city clerk shall serve a written notice of the assessment upon the owner directing him to pay
said assessment to the city within ten (10) days after the service of said notice. If such
assessment is not paid within ten (10) days the city clerk shall certify the amount thereof to
the county auditor for collection in the same manner as other special assessments for such a
period and under such terms as the city council shall determine.
(Ord. No. 5, $$ 1.02-1.04,3-11-85)
State law reference-Authority to require sewer connections, NI.S. $ 412.222, subd. 31.
*State law references-Authority of city to establish and maintain sewers, M.S. $
412.221, subd. 6; authority of city to provide for or regulate the disposal of sewage, M.S. $
412.221, subd. 22; power of city to compel sewer connections, M.S. $ 412.221, subd. 31; sewers
and sewage disposal systems, M.S. $ 444.075.
1069
L
EHINHISSEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, I,,4INNESOTA 55317
(612) 937-1900
MEMORANDUM
?O: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: September 25, L989
SUBJ: Utility Billing Issues
delinquent utility bi1Is, Cre-revreh, our current policity bi1ls. Of primary conccharging a high enough pena
I. DeIin uen t. Utilit Certi f ication Michael Clark: As notedtnLhe cover memorandum for this Eem, the Clark propertyarter versus on a wat.er
1should have been charged $83.00,2qu
II. Delinquent UtiIit y BiIIs:
consurnption basis. It is unfortunate that the \"rrong"utility coding basis" was entered in January which leadto this error. Although I believe a court would sustainour position of establishing a charge against Mr.equivalent to his actual usage, f do noi believewould sustain severely penalizing him for suchcharge was established in the ordinance). Notconnection, but having to pay for it, would befairly substantial penalty and strong basis for
I will have the City Attorney review thisthe Clark request. If he finds that thesustain the higher $83.00 charge, I will,amendment to the current ordinance whichexcessive charge currently i.n place.
Clarkthat Ehey
( Ehe $83.00
making the
seen as a
encouraging owners to make connection. The $g3.00 chargewas established primarily for the Lake Ri1ey,/Kiowa areawhere sanitary sewer exists, but there is no municipalivater. In those areas we can only guess as to the waterbeing senL down the sewer system. Accordingly, a highercharge is establ ished.
No action is required by the Counci] onsolely an alert t.hat. staff is reviewingthe current connection ordi nance.
memorandum andcourt would not
have him drafE anwould correct the
this item. It isthe Iegality of
At time of certifying Ehe
ouncilman Boyt asked that staffies regarding delinquent util-ern was whether the city was1ty and/or whether other means
CITY OF
CONF I DENTIAL
Mayor and
September
Page 2
City Counci I25, Lg89
CONE IDENT IAL
existed for forcing payment. BiII's point lras thattain residents appear to continuously be on the cer-tification Iisting, i.e. John pryzmus, Bonn Clayton,
cer -
A. Shut Off: We do have th e ability to shut off service.
II. PubIic Embarrassment: For Ehe last several years , the
Hov/ever, the practicality of using Ehis provision isdifficult. Typically the erater shut-off exists inthe boulevard area. I doubt whether many Council mem-bers know hlhere their shut-off is. You would probablybe appalled by the amount of yard area which wis dugup to gain access. We woufd surely have cLaims fornot properly carrying out restoration. Once found,most could not be shut off. SpecificaIIy, the valuewas opened at the time the house was buiLt. In alllikelihood, the shut-off has not been closed since thehome was constructed. The chance of it being rustedshut is 80t to 90* for homes over 15 to 20 years ofage. we may be able to break the rust, but Ehe poten-Lial is there to break the va1ve. Finally, some olderproperties share services and a shut-off would pena-lize a paying customer as ;nuch as a non-payingcustomer.
City has published a listing of a1I delinquent. utilityaccounts (names) in the official newspaper. t,le would pro-pose to continue to do such, Some would contend Lhat oneof Ehe reasons thaE repeat offenders continue lo not payis that they write t.heir property tax biII off on Lheirincone tax ( including Lhat port.ion designated as thedelinquent sewer and water bill). This is forbidden byIRS, but some may be doing it anyway. In light. of thetotal cost for penalties, I find dif f i.culty understandinglvhy someone wouLd fo11ow this procedure simply to ille-gally deduct it. A devious Ehought which has crossed mymind was Eo prepare a notice very similar to lhe 1099received from banking institutions or the l0 receivedfor supplemental income, what if each of thE6e ownershrere to receive a notice printed in a format exactly likea 1099 except called a '1097SEW' advising the owner thatthe amount incfuded in their propert.y taxes for delinquentsewer and water biLlings $/as being reported to IRS pertheir s ta ndards ?
our penalty, for not payj.ng your utility bill averagesapproxirnateJ-y 50t. This does not incfude E.he 20t cer-tificat.ion fee. The 508 is achieved by recognizing thatwe charge IOt penalty against the unpaid balance eichquarter. When compounding is considered, the amounLapproaches 50t. when Bill and I had reviewed some of theindividual records, we found Ehat the average was closer
III. Delinquent Penalties:I previously stated to BiIl lhat
Mayor and
S eptembe r
Page 3
City Counc i I25, 1989
CONF IDENT IAL
to 23s. The fallacy with our thinking $ras that we were
taking the total amount being certified and divided that
by the total amount ovred the City. For example, if the
guarterly sewer and water billing h,as $I00, we were
dividing the total owed ($400) by the penalty charges.
The fallacy with this thinkLng is that it was only the
first $I00 that was owed for the one year period.
The subsequent $I00 charges only had interest for nine
months r then six months, and finally three months.
IronicaJ.lyr Ehe interest charged can increase past 50* for
individuals who cont.inuously do not pay. The reason for
this recognizes that the fourth guarter charges ( those
Ehat are proposed to be certified) is the accumulation of
charges during the past four quarters. Hor^/ever, the
current late charge goes against. Lhat accummulated balance
even though that total amount is being certified (see
attached sheet).
Recognizing Ehat the City should carry reasonable cash balances
and that the City wishes to maximize its investment program, it
is not necessarily bad that a certain group of property owners
are willing to pay upwards of 70t on their delinquent accounts.
I am surely not advocating that more people become delinquent;
however, there is no way that the City's investment portfolio
could achieve a 35t reLurn (70t divided by 2).
aD ''.ll)(Etr - vzq!
- E 7. o'H o o = !,r Lu
!L tJF-!uJ L . (EFO )- >-Fq u F FLn)-TJ J H JCYII]_-.t E UlE: 5 fr3frLLFO.>h$ E cgr!-
t! z cDF >-
- H Zt JF r Hlrt(9o !av7h etr=>- o-FEl._ F z. d.E'..i 6 b*8.4E H F(J
rr.: & o.' 5='-
E. il ilHi+-J - gFU)
LJLl-l.t+z,clrr')- Lrl LL . l-Jo. _ qoE6> =
*3,"
J F nu-ZEE E
=EENLL )- OL,aI."E E SEP;
_uJ .- (,HuJ\CJq J OILdF^+{- J E(DII ,,oIT H E-ST
.E (J- I-L!.E+t:* J (J rJ\o_d: _E EE*r
- o.lI Er!q iD ovLr. tL J r,i Lr.J t! G(9 .q- )- FZIN
vl !|: r Fz(r)r.J+.J I z -! !, LUHT,Cl
- FUJNz.au
=Pl
E (.D uJ LrJ
:E E Str-=
9_1 Ln Ln E ii i- L,r5i n g3=q)
H -IClo
= - ' FIrJJyr urJ )- FlllJtrJl-7n^:Q lq -tr=iE; E.* .'il 3 -i_ !{ =, L! E rn i_
=!J IJ EI OIUJLNJHtr -II O CJ (E(fi=i.i tr-n 6E-f;rLJ.lJ lir H GJFI
TE-" EJ EdEEF(JUFHF'NIII&H 3 E Zdtrl! +r'l' 'o 'otrluJ:&b ftt aF==LrJ0rHFCJf| @ tnFe
ltJ ! O j=[:jLL-a (J OF>_
LTJFoz
u1 +tDt
lna
(Do
l'no
l.n
L
o
E
+,
L
g
Lm
L
o
Ec(\,
L
o
o
L
G
Er.l
L.!
c3
t+.f
L
a
.o
L(r)
L
o
c
e\r
L
g
UI
L
.aJg
L+)
(5z
-)J
(n
g.fol,!
a(E
IJJ
(n
tfrolJ)(D(I)(Dr=G)l'.-N
t\oN!I)\o\o \DiH
NONO
cDofi)
grE@(I
Io-(oofr)
OiN
F.rDic)
ini tr_l
(Dg\@u)
(VH
t-@
Hc)dN
mo\Ol=)
Ho(Do
cooN
{DO(DOOglOojHi
OOOF.rtI\ r!iH
to'fE
lDotf)
tcDLn(n
lt] o* t'-
a0 rt
*Lnd L'l
<O(r)o
HO
tDd@(r)
(ocf$o
(Dlf
N
o}DNO
\ooHO
.i\o,..o i
H(D
1.ot\
fvCDrm
\i, U_r.\Jq]
!'l N:\,
N(nE) [D
(r)NHU)
\Oi
H\o
HN
.r)i
(r),o
oooo
OD
o1'=rnC]
NO
V,
H(]
\I)Dc!
{o\oo
ooHO
fDo
fr)
io
.v
C9z
JJ
ID
o
=F
a(E
UJ
C.5z
JJ
c0
Lr,,
'l
c(
CE
L!
C9
=JJ
lI)
t!
UJaIF
g
CEl!
L
c.
t
L,a
1lL
G)
L
g
!cN
L
C'
o
C3
T
UI
UJ(9u(E-(J
FLd
.J L')trEpz
LL t,J--
FHt!JO
F}
u-(Jo
LN
JtEzE
,f,o
(9(9
-ollcl3(Jrr(-)L!(Jgt!JgFFFF(E=E'TOE(DCJ(EJF(I
L5(9(IFr
OIlfI
= cJ L!,t (J
LL(Jay ulJI:YFFFF(Ef,=EOEEl (J(f JFO.
tEf9{{tfo$H*
iCfdF.r\N Naa
oo
r\
<OiSt+or.o\o
\O(f\o.f+rf '*<a
oo
c{ fr)HM
ooOD
ocl
L
g
T
+J
L
g
!L(r)
L
g
!
E(\
L
g
{J
UI
L
g
T+l
I
I
I
I
I
I
I
I
I
I
I