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74-01 - Trolls Glen 2nd Add SUB pt 1CITY OF CHANHASOrN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 14, 1988 lMr. John Ferm 3895 Lone Cedar Circle Chaska, MN 55318 Dear Mr. Ferm: Thank you for submitting a copy of the deed restrictions per- tinent to your property in the Trolls Glen Subdivision. I am currently reviewing these with the City Attorney to determine the City's position in this matter. I have also been trying to con- tact Dr. David Tester regarding the beachlot issue. Preliminarily, my interpretation of the deed restrictions is that they allowed persons owning property in the subdivision to have access to the common area, and not necessarily boat docking and storage. The remaining issue to be determined is the number of boats that were stored on the property prior to 1982 and prior to the City's effective date of the beachlot ordinance. In any case, I will be responding back to you and Dr. Tester once addi- tional information is received. Si ere4, B'6rbara Dacy City Planner BD:v THIS MAP IS A t 4PILATION OF RECORDS AS THEY APPEAi N THE CARLEA COUNTY OFFICES AND OTHER SOURCES. THIS MAP IS ONLY f0 BE USED FOR REFERENCE PURPOSES THE COUNTY AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY INACCURACIES CONTAINED THEREIN TkvLLs - Gle-n ND )q cldn IL Loi-s ----- 61 "X r , e� •i, 1 y95.0 l�. . �O� � ie r� • po, Op S F ti t � 11700 PROPOSED TROLLS- GLEN Owner and Developer: Mr. and Mrs. J. D. Peterjohn 16237 The Strand Minnetonka, Minnesota 55343 Tel. No. 935-5282 L r 331.38,. THIRD ADDITION Surveyor and Designer: EGAN, FIELD &NOWAK, INC, 7415 Wayzata Boulevard Minneapolis, Nlinnesota 55426 Tel. No. 546-6837 SCALE: 1"-60' DESCRIPTION: That part of the Southeast Quarter of Section Seven (7), Township One Hundred Sixteen (116t, Range Twenty-three (23) lying Easterly of the center line of the Excelsior and Glencoe Road (now known as County Road No. 15), and North of the North line of Outlot Three (3), Cedar Crest, except that part thereof lying North of the extension of a line drawn parallel with and distant 333. 7 feet South of the North line of Government Lot 4, Section 8, Township 116, Range 23, according to the United States Government survey thereof. hereby certify that this plan was prepared by me or under my direct supervision and that l.am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of July, 1917. EGAN, FIELD & NOWAK, INC. Surveyors b Y —v,inneso a+.�fiis r��tion vo, i� r-__.. 0 G 0. f � I •— 0 M ...�.1 1_.. K S, M M 0 ..��._ �..—._ _ .. ._ _ T.. 0 � .. _... .._. 1 ! (.l I IMY.AI.. ! 1t.u. I• I I.RRR...�°.�..,. �ll�n..,........ le—_. .. ! ; I .�JL�_1L � I I ✓��.1. 5.... I �. ,:.... ;yi,,,;�W�t '� � �,y/'�' �`\4 �• � i�Ti" �, �; Q-9�,1.1�/ °•i L.x+'ny .I • ,..e r�,� NI",[.unt1 � / �� I `\ 1�0'�,.✓s-�°5 � �a �a;�''v,.. •:.� .. III II 1 �eee - n awe?. ��..}••� I' (( 11 � ...° 7�'�.� 6_ �; n. '�I LM I- w �' -�``� � I }„r.r"r'"•r"..�""' I .r»,.r..,,,...,.� , � f 6xS Y � I i .�,• � x� Y e z � n' i[ � _u.wzrwlr-.- 1�..— .o _e'��--�� _ .�� - f"I�..a..rw-- �,p� 4� rys : • _� _ to I �'` .'`ice J � •� ��/��II 1° 'r ..J .�.�� -. _.�` w ■_� f'__'- 10 r o° ( � `)a.,.. �A .-�.�•w �I^ �,rw•' �/ r.1 \ �� \ -G._ , � r� J� �I�. 1-,'. ^.�s�dr:wr.rrrn".w'n �^ ,I � � � �/ 1� •''[n�'7 ...,_. II'I R . • "'I i .f •� 1uli x.., .. A Ir „,.N+Fa�T:riw, .^ t'J �Jl.'�♦x..; I`p i + 0 ." w' 1`�.✓' ,n_ f 1 II I VILLA6E OF IT (�/1��`"��-f� \ � I `J- \II III^.` 1w'. ••. I I L � \°.[ ', 10 �iI II�L� 1%�.i v �p� Y �[ V✓ W/ IW r� r °a .. � � I i� �/'�� ((�� ._..,m 11 8T,REET i\DF.X �/ •• ' '19 xx •� � I � I � 'I � � I all 110.0 BY/iEY DElION.TION � �v. �„�-. ,1J Z;Ik. cjl m Cr d x. � ' W �'• � )ram' 'V^�) I i i i i i i �• /• 1 ...11 —•--" °----- a "--.r �.n --- rs�R.:r_-.:r....- LJ— I>o I i TROLLS -GLEN HOMEOWNERS ASSOCI,___''ON Jerry and lone Ahlman Lot 4, Block 1, lst Addition 3896 Lone Cedar Lane Chaska, MN 55318 Phone 474-3822 Joel & M. C. Anderson Lot #3, Bj-oc'l,, 1, 1st Addition Chaska,.MN 55318 John Ferm and Ann Cathcart Lot 4, Block 2, lst Addition 3895 Lone Cedar Chaska, MN 55318 Phone 474-8899 Gordon & Jacqueline Freeburg Lot 2, Block 3, lst Addition 3895 Lone Cedar Chaska, MN 55318 Phone 474-2225 Daniel Hudson Lot 2, Cedar Crest 1518 Chestnut Avenue North Minneapolis, MY 55403 Phone Office 347-9544 Home 493-5356 Terry and Pam Johnson Lot 5, Block 1, lst Addition 3898 Lone Cedar Circle Chaska, MN. 55318 Phone: John & Marianne Merz Lot 1, Block 2,, lst Addition 3900 Lone Cedar Circle Chaska, MN 55318 Phone: 474-6931 Gary Mecus-Janet Mecus Lot 1, Cedar Crest 8580 Magnolia Trail, Apt. #4 Eden Prairie, rat. 55344. , John D. & Kit Peterjohn Lot #2, Block 1, lst Addition 3892 Lone Cedar Lane Chaska, MN 55318 Phone: 474-0154 Bernard and Irene Schneider Lot 1, Block 3, lst Addition 7501 West 77th Street P. 0. Box 103 Chanhassen, MN 55317 Phone: 474-8902 934-8000 David & Mary Ann Tester Lot 2, Block 2,' lst Addition 3897 Lone Cedar Circle Chaska, MN 55318 Phone: 474-6527 Ivan & Mildred _Underdahl Lot 3, Block 2; 1st Addition 7502 West 77th Street Chaska, MN 55318 Phone 474-8472 690 COULTER DRIVE • P.O. BOX 147 * CHANHASSEN, MINNESOTA 55317 (612) 937-1900 June 23, 1982 Mrs. Verna A. Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Mrs. Peterjohn: The City is very concerned about the existing localized erosion on undeveloped lots in the Trolls Glen Additions. Since you are the original developer and retain ownership of these remaining lots, I request that you initiate the necessary corrective measures consistent with the intent of the Development Contract. I believe the measures could be limited to minor lot grading, seeding, and staking hay bales to avoid a reoccurrence. These actions would correct the existing problems, and enhance the lots for sale purposes as well as elim- inate future complaints, thereby, being beneficial to all interested parties. Your cooperation in this matter is appreciated. Sincerely, William Monk City Engineer WM:k bcc: Gordon Freeburg 4 January 24, 1980 CITY 3F 7610 LAREDO DRIVE*P.O. BOX 147®CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Mrs. Kit Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Mrs. Peterjohn: This is to confirm that the City;:of Chanhassen has accepted all public improvements installed as apart of Phase II, Trolls Glen Second, Third and Fourth Additions Should you need any additional information, please feel free to contact me. This .letter should serve as authorization to release any monies escrowed by any financial institution to guarantee such work. Sincexr'ely, Don Ashworth City Manager.,_ CC; Building Inspector, Jerry,Schlenk Schoell and Madson, Attn: Jim Orr City Treasurer, Kay Klingelhutz ,J SCHOELL aCE MADSON ,K T. VOSLER AMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J.JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN Mrs. Kit Peterjohn 16237 The Strand Minnetonka, Minnesota 55343 Dear Mrs. Peterjohn: - SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON. SOUTH DAKOTA AND DENTON, TEXAS August 2, 1979 Subject: Trolls Glen, Additions, II, III, IV Chanhassen, Minnesota Please find attached a punch list of work to be performed on subject project before project can be finaled, and a one-year warranty period started. Have your sub -contractors contact us should they need any assistance regarding punch list items, and/or when all of the items are complete and ready for final acceptance. Please contact Lynn Patton at 474-0279 concerning any items relating to this punch list. Should you have any questions, please feel free -to contact us. Very truly yours, SCHOELL & MADSON, INC. JEGill:mkr 17AM Awesdo enclosure. cc: Jerry Schlenk, City of Chanhassen Russ Larson Ray Jackson a \^F j �h �I October 11, 1979 r'..F� :..J 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Mrs. Kit Pe terj ohn 16237 The Strand Minnetonka, MN 55343 Dear Mrs. Peterjohn: This is to confirm that the City of Chanhassen has accepted all Public improvements installed as a part of Phase I, Trolls Glen First Addition. Should you n?ed any additional information,. please feel free to contact me. -This letter should serve as authorization to release any monies escrowed by any financial institution to guarantee such wo' k . v Sincere,,-y, Don Ashworth City Manager DA:k cc: Building Inspector, Jerry Schleik Schoell and Madson, Jim Orr City Treasurer, Kay Klingelhutz - — F_ 0. )UIA4r/ 1-rd TOtl/z -zr---Zz- hap a _ 1 e - -- - lick -4op 7-06- Ve A-.,, es rA CoL5 TI44c-k c ( � _C /,o # 1.4/ L ep j 40 ot V% /Ve^ C4-k4 Go-s.,lv . �, ---- ft, u I u MJ.t c1-Q4tl ),-cck .--F 1145 � - 4-Al i iA__ ' c t-e- Ft,a m All '117 C�U4 h w1J� N yIlelf P � Ao 4) . M H- I o /Ats we- . c /.� oqM !E- %P rl�d •n Co u -� N- _) c /-P ,� ^-/ r r l j - . ih fI --- �O U - �} a Nye---- 145 3 C PR 3 t7 4 c�l `M 4 C(-r-4�, MH l vw M14 Lc)C �� d � ��- d tijq- I_: 0 c Ie -.l s C 1��! �-e tLc. j k C_ 4_1 t2-- I-dq v� sC lb�— hi 4 S-4t4� i t'� .5 � oc a la> C_ pr r_� -V PAP V U)I-(JL NC144 Awe '`— Go%,v June 11, 1979 City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 RE: Trolls -Glen Additions Dear Gentlemen: I am an owner of land and a residence in Trolls -Glen Second Addition. Although I was advised that I had certain lake rights by the Developers it has come to my attention that Trolls -Glen Second, Third and Fourth Additions do not have such rights. I have been advised that there was a Development Contract between the City of Chanhassen and the Developers which provided that certain lake rights would be provided. I am now asking whether the City can provide the homeowners with any assistance in obtaining these rights. Any consideration you are able to give me in this regard is greatly appreciated. ou s very y, niel J 141aers DJK/lp WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR `'�`.y •- "�; HAROLD E. DAHLIN LARRY L. HANSON -__ u,. :A SCHOELL & MAOSON. INC. RAYMOND J. JACKSON WILLIAMJ.6REZINSKY ENGINEERS ANO SURVEYORS JACK E. GILL r ROONEY B. GORDON _ THEODORE 0. KEMNA I JOHN W. EMOND 1 16121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 KENNETH E. ADOLF WILLIAM R. L ARDT OFFICES AT HURON. SOUTH DAKOTA AND I0&;OPt TEXAS BRUCE C SUND lnspecfo� R. SCOTT HARRI Referred To: DENNIS W. SAARI May 7, 1979 Mayor GERALD L. BACKMAN Council Administrator Planner Mrs. Kit Peterjohn Attorney 1623 7 The Strand Engineer Minnetonka, MN 55343 Treasurer Police Subject: Trolls I Addition Parks & Rec.____.__� Chanhassen, Minnesota Street Malnt. Utilities'��"""'� Dear Mrs. Peterj ohn : Press Other �- As promised at our meeting of last Tuesday, pleasEPatEind S-/`/ _7 attached a punch list of work to be performed on the subject rG project before the project can be formally accepted by the City of Chanhassen. Please have your sub -contractors contact us should they need any assistance in interpreting punch list items, and/or when all of the items are complete and ready for final acceptance. Please contact Lynn Patton at 474-0279 concerning any items relating to this punch list. Thank you very much for your cooperation in this matter and should you have any questions, please contact us. JEGill:srt attachments cc: Jerry Schlenk, Ray Jackson Lynn Patton Very truly yours, SCHOELL & MADISON, INC. City of Chanhassen PUNCH LIST - TROLLS GLEN I Item 1 - Existing Manhole at South end of Project has broken ring which needs replaced or mudded up. Across from Driveway of 3890 Lone Cedar Lane. Item 2 - Manhole 5 casting not centered on cone. Item 3 - Manhole 4 top ring broken and deterioating,replace or mud in. Casting off center. Item 4 - Manhole 3 Mud in broken section of cone. Item 5 - Existing Manhole by Take, remove cable embedded in top of Manhole Section, center casting. Infiltration from around steps. Item 6 - Sod to high near hydrant to allow left cap to be removed smoothly. Item 7 - Hydrant valve broken and covered by sod,not able to key. Item 8 - At least 6 (six) curb sections marked for removal. Yellow arrows. Item 9 - Blow sand and dust from cracks between Blacktop and curb and caulk with blacktop filler at all locations gaps exist. Item 10 - Patch blacktop across from 7502. Item 11 - Repair blacktop at each area of curb repair. Item 12 - Behind all curb repairs fill with black dirt and sod in lawn areas and seed on undeveloped lots. -A SCHNEIDER LIFE FIRE LIABILITY - HEALTH BURGLARY . ACCIDENT PLATE GLASS - HOUSEHOLD COMPENSATJON - AUTOMOBILE AGENCY, INC. o v D,�,-n Asht,,,-o-th, Ci'IT lvlama, c r sen, Vrinr,--esotla 55317 Dear Don: iNSUPAPFC!, Si� STATE BANK OF CHANHASSEN BUILDING 680 WEST 78th STREET. CHANHASSEN, MINNESOTA 55317 OFF.: (612) 474-5491 - RES.: 474-8902 - 926-2691 We a.-2e elnclos-in; a C 0 -Q7T c -f the I-J-abllity ins(?-mac--e J. 1, - -1 - 11 polUicy in fo-rce for John Dt. Pee-john and Verna A. P tc is d (z-:: v e 2. o -rr,- e n -t richn fo cc t o t h P- d rz -ve 1 o m en t c c -I c t - e b m t the 0-lt�,-'-o--F' Cl-�a, I ep cif- C, L b n -1 3. e i I s ca 2. 1 b m I- d las, t ll c o - i s 7c c- ni, C Cj Col-nany is wi the I. -A , �; n a T-n e 11 n 7 of C h an. '-ia, s s- e n a s , the a d d i t i C n a -�.i s ur - I T h4- rm afd d-, insil'-r-er'l. ti,T01710 narithe Gty a +li c Peter�ahnfs an' ivoiz-lcl be ir effect 1=-1 t eve It of a lo;^s on the 0--tp the Pet-ell-joli-Lts. Bnyam-ing J. nthe C T E, 0 - s 1 -r c- 01. 0 0 Q I c-, S uIt the (1 Oh o C a s, 7 a I t y i r e s,,-, ra,- 4 j+, n c o,-., p �a n7 T i b d - c iq d pa t:-Z -, t j t h 17' f' , ; — - . -- ch t r e s?) I t f r om a c c i cl e -L-, t s On ('41 e n T o' I s r o c r t V- e thim� covl�:ra--e u--,Cer uTCL--- CgDener-1 1i_lb- -Ipn j c y .--L P 1 - = a .-, e c ic i, v j - s c- ,11 1 h ether t hJ - s is a c - cz, -p t a b I e. . Vc--cy troly 13. 1 . S,n 1', A Ilt CJ--ty , o n!PGh,f j 17 of -I a .;h- c cna s a--,-L P. d i - L i cn c ec C', J- CII(1,1 +h k..L an a co-iu,s-,j-ed s s'al.ted k- t- 0 n Secc-o' "do-ition d'. u Do-rii:�an-tY HAMILTOtr, urilO ERANGH t; iF:: IROW )S y ER. AGENCY CODtH . USE ONLY E TYPED;". �J 41 DY.t. a O REGISTERED ��COPY OflLy—NOT YALI! WHEN ATTACHED TO PDLIOY RENEWS: p 1. DECLARATIONS IVAIVIEU INSURED a Address: Number & Street, Town, County, State &Zip Code t7 2. PDIICy Period: OF• THE HAMSTANDARD INSUNEDIpS STATED A EgEIN. From: Business of Named Insured I'll Y NUMBER GL 1 69 53 10 JCi-�1. +µ!z P a y �y (•16237 �«:.: �...;,•.. i. �iJ a.I. i� �+j. •'_-1�1.�i.L+'•. .Pl ra.l t• `t i''r�••�C.� To: M individual [] partnership ❑ corporation [] joint venture other REPRESENTATIVE: Agent or Broken++,;� " ' M: r A�, .N .1.f . , �� ; � „ � ` ' ___ O Office Address --- _ _ Town and State "+:...;.,r,, ,,_:.,4, z, ,, ,•q �, 1.3.L.•w'.J LfFi 3: The insurance afforded is only with respect to such of the following Coverage Parts designated "X" by by specific premium charge or charges. The limit of the company's liability against each such an in ❑ and Coverages therein as are indicated M-- i Coverage shall be as stated herein, subject to all the terms of this policy having reference — thereto. LIMITS OF LIABILITY ADVANCE cc Comprehensive General Liability — — -- -- - PREMIUM Owners', Landlords' and Tenants' Liability .............. Manufacturers' and Contractors Bodily Injury Liability $ ' Liability 3010 000 EACH OCCURRENCE CJr ...............� Contractual Liability Insurance ........... — -- --- $ 000 AGGREGATE $ K ?e t Completed Operations and Products Liability❑ Property Damage Liability $ '• 000 EACH OCCURRENCE ............ y Premises Medical Payments insurance ................. 000 AGGREGATE $ $ EACH PERSON Personal Injury Liability insurance .......... $ ❑ ,000 EACH ACCIDENT $ Uninsured Motorists Insurance $ AGGREGATE $ ❑ $ EACH PERSON Comprehensive Personal Insurance - — -- - $ � � • ❑ Personal EACH ACCIDENT Liability $ Farmer's Comprehensive Personal Insurance ... 000 EACH OCCURRENCE . " ❑ Personal Medical Payments $ EACH PERSON $ 000 EACH ACCIDENT Physical Damage to Property $ 250 EACH OCCURRENCE (Applicable to Farmer's Comprehensive Personal Insurance only) Animal Collision Market value not -exceeding $300 Endorsements $ and Additional Coverage Parts .# (Identify by Form Numbers) each animal $ tlf Policy Period more than one year and .the premium is to be paid in installments, premium is payable: f Not applicable In Texas Audit Period Annual, unless otherwise stated: Total Advance Premium $ Three Year Premium $ In Advance $ Each Successive Year $ Form No. L-iWb Ed..10.1-66 Rev. 1.1.73 Countersigned by AGENT'S COPY Authorized Representative s1r I;.J`, , i t 2 if'v i`1'ti3Ciick�a O i (-icii `FHAN S i ") ; I U CAL ALTERA )NS, NEW CONSTRUCTION AND L iOLITION [j THE OHIO CASUALTY INSURANCE COMPANY ❑ AMERICAN FIRE AND CASUALTY COMPANY ❑ WEST AMERICAN INSURANCE COMPANY Named Insured (NO ENTRY NECESSARY IF SAME AS ITEM 1. OF DECLARATIONS) Policy No. GL 1 6 0 _ ADDITIONAL DECLARATIONS Location of insured premises TrU J.S ()cn. yt 2n _Ird and ( FtTi ({il,. 011 -- (ENTER "SAME" IF SAME AS ITEM 1.) CE=d ti'1- C).,,- 5t 011 C lot 1 C'!2 Cg.� ry (,-I,ety} 2 (n,11,111 �� _ Interest of named insured in insured premises 0 'i 3.(.%1' V.LC40VLf`�{.'. 11,121 "OWNER", "GENERAL LESSEE" OR "TENANT" V Part occupied by named insured "_1? i;,;_r0 _ GENERAL LIABILITY HAZARDS _ DESCRIPTION OF HAZARDS CODE NO. PREMIUM BASES RATES ADVANCE PREMIUM BOOILY PROPERTY BODILY PROPERTY i __ _ INIURY DAMAGE ---INJURYDAMAGE Premises — Operations (a) Area (sq. ft.) (a) Per 100 sq. ft. of Area (b) Frontage (b) Per linear ft. ijeal -st-te Development (c) each 314-22002--1410 16 acres first 10 7-35 2a40 74.00 2)'► aU0 acres next 4.0425 1.20 4 .00 7-00 acres 2=azs Limits urge 5.00 f:tv Escalators (Number at Premises) Number Insured Per Landing i jjot CoVered Total Advance B.I. and P.D. Premiums Total Advance Prernium $ • � Form No. L-121c Ed.' 10.1-66 Rey. 1.1.73 OLT Coy. Pt. I ; 12. Access. Reasonable access, including temporary grading ..,..:and graveling, shall be provided to all occupied residences in said ;plats until the streets are accented by the City.. Street Lighting. The expense of furnishing electrical enercry for street lighting purposes shall be assumed by the City 24 months after the completion of installation of the street '.sighting system, or after 750 of the building lots have been .improved by the construction.of residences thereon, whichever is E�.zst to occur. 14. Replacement. All work materials performed and furnished • hereunder by the Developers, their.agents and subcontractors, found by the City to be defective within one year after acceptance by the City shall be replaced.by Devleopers at Developers' sole expense. 15. Liability Insurance. The Developers shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Deve.lope.rs,' work or the work of its subcontractors, or by one directly or in- directly employed by any of them. Limits for bodily injury or death shall be not less than $100,000 for one person and $300,000 for each accident; limits for property damage shall be n"s than $100,000 for each accident. 'The City shall be named as co-insure'�on said policy and the Developers shall file a copy of t e Insurance coverage with the City.' 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements. Upon completion of the install- ation by Developers of the improvements set forth in Paragraph 4 _ hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said improvements to the City free of all liens and encumbrarlc(---s and with warranty of title. Should the developers fail to so convey 'slid improvements, the same shall become the property of the City without further notice of action on the part of either party hereto, other than acceptance by the City. is. Building Permits. Upon completion of the grading and place- ment of rock stabilizing materials for road construction within said plats, the City Building inspector, upon the approval of the City Manager, shall be authorized to -issue building permits for.resideritial construction within said plats upon payment of all fees and charges applicable to the issuance'of permits. The; occupant of any, structure within said plats for residential j� JJ 1��. !.' nI77 �x c0l11 S C4 1.116 u� LC �S Si I' � �ictVl' �C l l l,�:iiijl_I t:1.t �.� �I,I'•.i ililiti.j j 1 j ij j � �. sewerand water lines shall have been in.stalled and ari 2' ava_l..i.:iIA(; t() ;. issued. '.serve the lot for..which.a building permit shall have been f Wayzata Bank & Trust Company by the waters of Minnetonka Wayzata, Minnesota 55391, 612 i 473 i 8855 November 13, 1978 City of Chanhassen Box 147 Chanhassen, Minn. 55317 Attention: Donald W. Ashworth, City Manager Re: Letter of Credit No. 177 John D. Peterjohn and Verna A. Peterjohn Dear Sir: On this day we received your letter authorizing the reduction of the Peterjohn Letter of Credit #177. We have adjusted our figures to a total balance remaining of NINE THOUSAND NINE HUNDRED AND N01100 (9,900.00) DOLLARS. Sincerely, Clark W. Connell Commercial Loans CWC:pk 11OVIm CO RECEIVED V(LLAGIE CM C)iANNA3gF_y, .._ eI< MINN A 7610 LAREDO DRIVEoP.O. BOX 147®CHANHAS_SEN, MINNESOTA 65317 (612) 474-8885 November 13, 1978 Mr. John Berg, President Wayzata Bank and Trust 417 East Lake Street Wayzata, MN 55391 Dear Mr. Berg: This letter is to authorize a reduction in the letter of credit of Mr. Peterjohn in the amount of $32,372.00 to $9,900.00. Should you have any questions, please 'feel free to contact me. S i ncerq,.3y; Don Ashworth City Manager T Y cc: Mr. Russell Larson Mr. Bill Brezinsky WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R.ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND OENTON, TEXAS November 13, 1978 City of Chanhassen c/o Mr. Don Ashworth P. 0. Box 147 Chanhassen, Minnesota 55317 Subject! Trolls -Glen, Phases I through IV, Letter of Credit Gentlemen: Mrs. Peterjohn has furnished us with proof of payment for all construction work by Plehal, Econ and Nyun and all engineering work by Suburban and Egan, Field & Nowak. In addition, we understand that all City charges have been taken out of escrow and a balance of over $513.00 is held by the City Treasurer. We estimate the cost of remaining work to be about $9,000 and recommend reduction of the letter of credit to $9900. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:esg cc: Mrs. J. D. Peterjohn ENCON UTILITIESJ, COMMERCIAL &INDUSTRIAL UNDERGROUND UTILITIES November 1, 1978 City of Chanhassen 7610 Laredo Chanhassen, MN 55317 Re: Trolls Glen Addition Gentlemen: We have been advised by Mrs. Peterjohn that she will remit to us on 11/10/78 al•l amounts now owing on the above referenced project. At the same time, we will furnish you with a contractor's bond which will guarantee the work from ll/l/78 to ll/l/79. If for some reason we do not receive payment as promised on 11/10/78, we will proceed to file liens on 11/13/78. Very truly yours, ENCON UTILITIES, INC. L. W. Davidson LWD:dlk cc: Mrs. Peterjohn NOV 1978 �. N RECEIVEr o N 'V"LLAGE OF �y -0HA1qFIASSE1q, C }� MINN. Cv 1530 E. CLIFF ROAD BURNSVILLE • MINNESOTA 55337 • (612) 894-3200 QUOTATIONS SUBJECT TO CHANGE WITHOUT NOTICE • AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR OTHER CAUSES BEYOND OUR CONTROL nH M - Q` 9��SyED Q`S�� MIPMEHA4A WAT`":RSHED CREEK DISTRICT WATERSHED A LAKE MINNETONKA P.O. Box 387, Wayzata, Minnesota 55391 MINNESOTA RIVER BOARD OF MANAGERS: David H. Cochran, Pres. • H. Dale Palmatier • Albert L. Lehman • James S. Russell • lean Williams October 26, 1978 Mrs J.D. Peterjohn 16237 The Strand Minnetonka, MN 55343 Re: Permit Application No. 78-133 Location: Southwest shore of Lake Minnewashta-Chanhassen Purpose: Grading/Drainage plan for 30-lot subdivision "Troll's Glen" Dear Mrs. Peterjohn: At its meeting on October 19, 1978 the Board of Managers of the Minnehaha Creek Watershed District reviewed the subject permit ap- plication. It approved the permit as requested with the following conditions:: 1. All work shall be done in a manner to prevent erosion and silt- ation both during and after construction in accordance with the Minnehaha Creek Watershed District guidelines, a copy of which is enclosed. 2. All work shall conform_to the Minnehaha Creek Watershed District Grading and Drainage Guidelines, a copy of which is enclosed. 3. All work shall conform to the requirements of the City of Chanhassen. Permits are valid for one year. Please contact us at 473-4224 when the project is about to commence so an inspector may view the work in progress. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District <�:_ a E.A. Hickok, P.E. EAH/pcl Enclosure cc: D. Cochran, G. Macomber, Waibel-Chanhassen NOV 1978 RECEIVED VILLAGE OF MINN. SAN a j } // 0( WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER / JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS October 13, 1978. City of Chanhassen c/o Mr. Don Ashworth P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Trolls - Glen 2nd, 3rd & 4th Additions. Gentlemen: We recommend the sanitary sewer and watermain in- stalled in this subdivision be accepted as a part of the Chanhassen Municipal System. All testing and cleaning of lines has been completed. The Contractors responsibility for repair of any defects extends for one year (1) after City acceptance. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:esg cc: Mrs. J. D. Peterjohn 16237 The Strand Minnetonka, MN 55343 Action by City AdminiStntm Endorsed_A_e::::L. Modrri+,+ Revel. Dalc__ Date ,::, c•! to �rrmhelnq t% /"I OCT 1978 �00 RECEIVED �--VII tD CNANNASS�i `V S'x MJNN. ��i AHq C. �. 9 �9ShEo pis MINNEHAHA CREEK WATERSHED DISTRICT LAKE P.O. Box 387, Wayzata, Minnesota 55391 -NVW-/ BOARD OF MANAGERS: David H. Cochran, Pres. • H. Dale Palmatier • Albert L. Lehman • James S. Russell • Jean Williams September 29, 1978 Mrs. J.D. Peterjohn 16237 The Strand Minnetonka, MN 55343 Re: Trolls Glen - Chanhassen Our letter of July 27, 1978 Dear Mrs. Peterjohn: Two months have passed since our letter advising you of the need for Minnehaha Creek Watershed District review of the subject project. We have received no response. It is our understanding that substantial grading and drainage activities have continued in the interim. This will advise you that any work not found in compliance with Minnehaha Creek Watershed District's Rules and Regulations are subject to removal and revision. The next board meeting of the district mustber 19, be received.All by Octoberl9,a1978ctolbespladced supporting data on the agenda. Sincerely, E.A. HICKOK AND ASSOCIATES Engineers for t District \\John A. Holmquist AH/pcl cc: D. Cochran G. Macomber R. Waibel - Chanhassen W. Brezinski - Schoell & Madson �jc1234 CP OCT 1 978�. RECEIVED Y►LLAGE OF 7610 LAREDO DRIVE®P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 September 22, 1978 Ylavzata Bank & Trust Company 417 East Lake Street Wayzata, Mn. 55391 Dear Sirs: This letter is to authorize a reduction in the letter of credit of Mr. Peterjohn presently in the amount of $70,200.00 to $32,372.00. Should you have any questions, please feel free to contact me. Sincere]; ;%-., Don Ashworth City Manager DA:n cc: Russell Larson N Bill Brezinsky - i t• Wayzata Bank & Trust Company by the waters of Minnetonka, VJayzata, Minnesota 553V1, 612 / 473 September 22, 1978 City of Chanhassen Box 147 - hassen, Minn, 55317 ntion: Donald W. Ashworth, City Manager Letter of Credit No. 177 John D. Peterjohn and Verna A. Peterjohn Sir: its day we received your letter authorizing the reduction ie Peterjohn Letter of Credit #177. We have adjusted our -es to a total balance remaining of THIRTY TWO THOUSAND HUNDRED SEVENTY TWO AND NO/100 (32,372.00) DOLLARS. trely, Z��44 /.; ZU—C W. Connell rcial Loans k Fa P� Qu.i i zaczzi: SEP RECEIVED �. t CFfAN}{,cSSEN, CA WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE O. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT' BRUCE C. SUNDING �Y t �? SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS 11 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS September 21, 1978 9 City of Chanhassen c/o Mr. Don Ashworth, Administrator P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Trolls Glen 2nd, 3rd and 4th Additions. Gentlemen: Mr. Peterjohn has produced proof of payment of an additional $47,170.47, and has escrowed $7,000.00 in cash with the City. Accordingly, we are able to recommend reduction in the letter of credit to $32,373. We estimate that this amount with the $7,000 cash escrow equals 110 percent of the cost of the work remaining. WJBrezinsky:bk ,.r Very truly yours, SCHOELL & MADSON, INC. L -; ?) "a A ", -r j r� 7 C)t^Cs K RUSSELL H. LAR50N CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK CZ. MCCULLOUGH L Donald W. Ashworth City Manager P.O. Box 147 Chanhassen, MN 55317 Dear Don, J',j LARSON & MERTZ ATTORNEYS AT LAW o 1900 FIRST NATIONAL BANK BUILDING � Y MINNEAPOLIS, MINNESOTA 55402 1;' ELE'HONE I" (612) 335-956S August 23, 1978 Re: Trolls -Glen Additions Reference is made to Bill Brezinsky's letter of August 21st advising that Kit Peterjohn wishes to proceed with the develop- ment of Phases I and II of Trolls -Glen 2nd, 3rd and 4th Additions. In reviewing my file, specifically, the development contract of May 31, 1978, I gain the impression that the improvements referred to in Bill's letter are those covered by Section 4(a) Phase I and Section 4(b) Phase II. I request that either you or Bill confirm this to me. If such is the case, the development contract of May 31st should be amended to include a reference that the contract is to encompass the 3rd and 4th Additions, and that the escrow deposit and letter of credit be amended to $92,000 as per Bill's letter. The letter of credit should state as follows: "This Letter of Credit is given to secure performance by John D. Peterjohn and Verna Arlene Peterjohn of their obligations under that certain development contract with the City of Chanhassen, dated May 31, 1978, as amended , 1978, for the construction of the public improvements therein specified, in Outlots 1 and 2, Cedar Crest, and Part of the Southeast Quarter of Section 7, Township 116, Range 23 lying Easterly of the centerline of County Road 15, Carver County, Minnesota, to be known as Trolls -Glen 2nd, 3rd & 4th Additions." AU �i2tC8 of Donald W. Ashworth Page Two August 23, 1978 I would appreciate receiving from someone a proposed preliminary plat of the 2nd, 3rd and 4th Additions. V y ruly you , SSELL H. LARSON Chanhassen City Attorney RHL:jep cc Kit Peterjohn Bill Brezinsky Bob Waibel Dan Herbst BY MESSENGER WILLIAM D. SCHOELL / CARLI5LE MADS NO 1 JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMONDJ.JACKSON� SCHOELL MADSON, INC. WILLIAM J. BREZINSKY ENGINEERS AND SURVEYORS JACK E. GILL RODNEY B. GORDON r' "1:'• THEODORE D. KEMNA JOHN W. EMOND 1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 KENNETH E. ADOLF, WILLIAM R. ENGELHARDT OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS BRUCE C. SUNDING July 11, 1978 Mr. Duane Paulson Chicago Title insurance Company 4820 W. 77th Street Edina, Minnesota 55435 Subject: Trolls Glen First Addition Status Gentlemen: This is in answer to your inquiry regarding the status of Trolls Glen First Addition. This subdivision has deficencies in street construction that well cost an estimated $2,000 to correct. Until such corrections are made, the City staff will not accept the project. If the $2,000 cost was spread equally against the 11 lots in this subdivision, the cost per lot would be $181.82. We hope this is the information you desired. If you have any questions, please contact us. WJBrezinsky:cm cc: Mr. Russ Larson Mr. Don Ashworth Very truly yours, SCHOELL & MADSON , INC. JUL 1978 d RECEIVED ALLAGE'OF, ;C CH,ANHASSIZM M M& �P RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. 5KAAR MARK C. MCCULLOUGH Mrs. Kit Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Kit: LARSON & -N11',RTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 June 19, 1978 Re: Trolls Glen Additions Letter of Credit I have now had the opportunity to Company Letter of Credit dated May Trolls Glen Additions development Chanhassen. TELEPHONE (612) 335-9565 review the Wayzata Bank & Trust 31, 1978 and covering the contract with the City of The fourth paragraph of the Letter of Credit as now written is subject to an interpretation that it is limited to those improve- ments to be "situated in the City of Chanhassen." Obviously, this is not the case, as the improvements will lie in part in the City Of Victoria, i.e., that part of Victoria which lies easterly of County Road 15. As you know, Victoria has approved your plan and has consented to the construction of the "Victoria" improvements under the May 31st development contract and accompanying Letter of Credit. Accordingly, it is my opinion that the fourth paragraph of the Letter of Credit should be amended to -read as follows: "This Letter of Credit is given to secure performance by John D. Peterjohn and Verna Arlene Peterjohn of their obligations under that certain development contract"with the City of Chanhassen, dated May 31, 1978, for the con— struction of the public improvements therein specified, in Outlots 1 and 2, Cedar Crest, and Part of the Southeast Quarter of Section 7, Township 116, Range 23 lying Easterly of the centerline Of County Road 15, Carver County, Minnesota." The proposed amendment set out above should remove any ambiguity in the interpretation of what is covered under the guarantee. Please arrange as soon as possible with the Wayzata Bank to have the letter of credit amended to conform to the exact language used in this opinion. I am sending a copy of this letter to Mr. John A. Berg of the Bank for his information. Very truly yours, RHL:mep RUSSELL H. LARSON cc: Donald W. Ashworth Chanhassen City Attorney John A. Berg Bob Waibel Dan Herbst RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: May 22, 1978 Re: Trolls Glen Additions 7 �.' TELEPHONE (612) 335-S565 Attached is the original certified copy of the Victoria, City Council resolution of May 18, 1978 authorizing Chanhassen to construct those Phase I improvements lying within Victoria in the event of default. This is per my request of May 3, 1978. Please note that the resolution refers to minor revisions in the plans and specifications for the Third Addition. Brezinsky can look into the matter of these revisions. RHL:mep Encl. cc: Bill Brezinsky Bob Waibel V - truly yo �i Y :_ , R SSELL H. LARSON Chanhassen City Attorney SAY 1978 \�Di „ STATE OF MINNESOTA) COUNTY OF CARVER ) ss. ) CITY OF,VICTORIA ) �) I, the undersigned, being the duly qualified and acting clerk of the City of Victoria, County of Carver, Minnesota, hereby attest and certify that: (1) As such officer, I have the legal custody of the original record from which the attached resolution was transcribed; (2) I have carefully compared said resolution with said original record; (3) I find said resolution to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City on the date indicated on said transcript; (4) Said meeting was duly held pursuant to call and notice thereof, as required by law. WITNESS my hand and the seal of said City this 9 day of Y%L-'' , 19 7 Germaine JeAerg ` 'C'lerk/Treasurer ' RESOLUTION NO. 78-12 A RESOLUTION GRANTING THE CITY OF CHANHASSEN AUTHORIZATION TO CONSTRUCT THE PHASE I IMPROVE- MENTS IN VICTORIA FOR TROLLS -GLEN, THIRD ADDITION IN THE EVENT OF DEFAULT. WHEREAS, the City of Victoria adopted Resolution No. 77-20 on August 18, 1977 granting approval of the preliminary plat of Trolls -Glen 3rd Addition; and WHEREAS, Resolution No. 77-20 resolves further a developer's agreement must state the road, West 77th Street, be completed to the satisfaction of Victoria's City Enginner with no delay in applying blacktopping; and WHEREAS, the Victoria City Engineer has reviewed and recommended approval of the plans and specifications for Trolls -Glen Third Addition subject to minor revisions as of April 14, 1978; and WHEREAS, the Victoria City Council approves the City Engineer's recommendation for improvements. THEREFORE, BE IT RESOLVED That the City of Victoria hereby grants approval to the City of Chanhassen to negotiate a Development Contract with developer Verna A. and John D. Peterjohn to construct the Phase I improvements in Victoria in the event of default. Adopted this 18th day of May, 1978 by the City of Victoria Council. ATTEST: Daniel Vork, Mayor Larry Bodahl, City Planner I RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. 5KAAR MARK C. MCCULLOUGH Mr. Larry Bodahl Cite Planner Victoria, -Minnesota Dear Mr. Bodohl: LAUSOr & N1111ITZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 "lay 3, 1978 55386 Re: Trolls Glen Third Addition TELEPHONE (612) 335-9565 In accordance with our discussion of today, we enclose herewith a copy of the proposed Trolls Glen Second & Fourth Additions Development Contract between Chanhassen and Mr. and Mrs. Peterjohn. Please note that the contract under Section 1, Phrase I requires the construction of all improvements "in West 77th Street to County Road 15 by August 15, 1978, including street, sanitary sewer, water, concrete curb and gutters and storm sewer, except that the final street wearing course shall be completed by December 15, 1978". West 77th Street lies in both Chanhassen and Victoria, with the Victoria portion extending through the third addition from the Chanhassen/Victoria border to County Road 15. The improvements shall equal or exceed the Chanhassen standards and shall be contracted and installed in accordance with engineering plans and specifications approved by the Chanhassen City Engineer. All of the work shall be subject to supervision by the engineers. The performance of the work is to be guaranteed under the Performance Bond requirements of Section 9, and in this case, I believe the Peterjohns will be furnishing Chanhassen with an irrevocable letter of credit. Section 19, Remedies Upon Default, gives Chanhassen the right to construct the improvements in the event of default. It is appropriate at this time, I believe, that the Victoria City Council furnish Chanhassen with a certified copy of a resolution authorizing Chanhassen to construct the Phase I improvements in Victoria in the event of default. With respect to sewer and water connection and usage charges, as well as MWCC SAC charges, I believe the Chanhassen/Victoria joint powers agreement of April 16, 1973 and addendum of October 8, 1973 control. Mr. Larry Bodahl Page Two May 3, 1978 Please do not hesitate to call if you have any questions. Engineering questions should be referred to our City Engineer, Bill Brezinskv, at 938-7601. Very truly yours, /-5/1 RUSSELL II. LARSON Chanhassen Cite Attorney RHL:jep cc Don Ashworth Bill Brez nsky Bob Well Kit Peterjohn Don Herbst LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 -; �)C +ri, °n .TELEPHONE C1 CRAIG M. MERTZ �� /j J e(612) 335-9565 OF COUNSEL -_►J(pep O�HARVEY E. SKAAR MARK C. Mc CULLOUGH CCII , April 26, 1978 ��5,= � v,'.,r `) (�f v% Donald W. Ashworth Chanhassen City Manager Box 147 + Chanhassen, Minnesota 55317 /`�'A `� ..n Re: Trolls Glen Additions Development Contract Dear Don, Enclosed find the most recent draft of the Trolls Glen Development 1p Contract which we discussed at our meeting on April 20th. Also:,f enclosed is the form of letter of credit I recommend be used in this matter. I believe the development contract, as revised, incorporates the 191,1 changes we discussed in our meeting, including the involvement of Ohm Construction, Inc. as a "developer" of a portion of the plots. The form of letter of credit can be adapted to cover the perfor- mance obligations undertaken by Ohm Construction, Inc. under the contract. It is my understanding that we will be furnished with a letter of credit from each of Ohm and Kit Peterjohn. If you find these documents to be in proper form, please arrange to have them executed by all parties and for delivery of the appropriate letters of credit. Please note that the blanks need to be completed, e.g, completion dates in Phase II (cul de sac area), and other dates and references. I find no reference in my files to the Fourth Addition which I understand consists of the cul de sac area which was approved as a part of the Second Addition. If there has been no change other than re -naming part of the Sec d as the Fourth, I see no_,.3:rea; :�t � why this should be review and a :roved by the Council. You er ruly, `k4 cs l USSELL H. LARSON CO/ Chanhassen City Attorney RHL : j ep Enclosures tZ91hn gtv� cc Chanhassen Planning Department; Bill Brezinsky; Kit Peterjo Don Herbst, Ohm Construction, Inc. ° CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 March 28, 1978 Mr. Larry Bodahl City Planner City of Victoria Victoria, MN 55386 Re: Trolls -Glen Addition, Our File No. P-78 Dear Larry: Received this date, March 21, 1978, Mr. R.J. Dougherty's letter concerning extension of Chanhassen's sewer and water service to the City of Victoria. I believe Chanhassen and Victoria should first develop a joint powers agreement wherein Chanhassen will extend sanitary sewer service to your community and Chanhassen will accept inflow from Victoria. Secondly, both communities will have to amend their respective CSP. To accomodate Dougherty's wishes, I would suggest the City of Victoria propose a joint powers agreement for Chanhassen's consideration. After the proposal is received by our community; the Chanhassen City Council will entertain it's consideration and, hopefully, adoption of the contents of your proposal. After the two communities come to agreement on sewer service, we can respectively submit amendments to our CSP. If you have any questions in this regard, please feel free to contact me at 474-8885. Sincerely Bruce Pankonin City Planner BP:lp cc: Don Ashworth, City Manager Bill Brezinsky, City Engineer Russell Larson, City Attorney Dan ?e ,,'C_om CoznDa : v ETROPOLiTRO t _ =-�JAITE . • r, �Ct�1TR4L ;11. `Y47' e0v. _ •9�w:.bl ':J. �,n•.R1 t'. •i�:F 1�'�'�. et r rVo+ 0tty Admfntslr�t ' 4n mir� � W/f, , . March 16 , - 1978 Mr. Don Ashworth City Manager City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Trolls -Glenn Additions Mr. and Mrs. J. D. Peterjohn Dear Mr. Ashworth: council, Uthef zato We received on March 13th the plans and specifications for the above sewer extension from Suburban Engineering,Inc. Since a portion of this project (i.e., the Third Addition) is located in the City of Victoria with the flow being discharged into the City of Chanhassen, it will be necessary to obtain the following material before approval can be given to this project: (1) An agreement between the Cities of Victoria and Chanhassen approving the conditions of providing intercommunity flow facilities. (2) An update or amendment to your comprehensive sewer plan indicating the present sewer connections and future projections that use these inter - community facilities. Upon receipt of this material, the information would be presented as an Addendum to the comprehensive sewer plan to the Commission for their approval. If you have any questions in this regard, please contact us. Very truly yours, R. k.D oughert Chief Administrator RJD:RJP:hw cc: Bruce Paterson, Suburban Engineering, Inc., South Office Metropolitan` Council le 350 METRO/OUARE BLDG. 7TH 6 ROBERT/TREET/ AM PAUL m155101 . . 6121222•6423 MAR 1978 RECEIVEL) , CHANHA88$N �: minnesota department of health 0 717 s.e. delaware st. minneapolis 55440 (612) 296-5221 6A City Council c/o Donald W. Ashworth, 7610 Laredo Drive Chanhassen, Minnesota Gentlemen: March 14, 1978 City Manager 55317 t rem: G1Y AdministrafRI ��fesrrsd Tv: lais °✓ — We are enclosing a copy of our report covering an examination of plans and specifications on watermains for your city. Only one set of plans and specifications has been received by this Department and it is necessary that it be retained in our files. If you have any questions in regard to the information contained in this report, please contact Mr. Stephen Greenwood at 612/296-5270. Yours very truly, 7 Gary L. glund, Chief Sectio o Water Supply and Gener ngineering Enclosure cc: Suburban Engineering VjLtAdr. OF �µgTiHAi'rfii iLNai � )AIR t• 1�1 an equal opportunity employer a`3 MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health REPORT ON PLANS Plans and Specifications on Location Chanhassen Date Examined March 9, i97�f3__ Prepared and submitted by Suburban Engineering Date Received Larch 8, 1978 Plan File No. A-310g Ownership - Municipal Scope - This report covers the design of this project insofar as the safety and sanitary quality of the water for public consumption may be affected, and applies to this project only and not to the entire system or any other part thereof. This project consists of the installation of 1105 lineal feet of 6-inch ductile iron pipe to serve Trolls -Glenn 2nd, 3rd, and 4th Additions. (over) Compliance - NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN ACCORDANCE WITH THE APPROVED PLANS.- If it is desired to make deviations from the approved plans, the State Department of Health should be consulted and approval of the changes obtained before construction is started; otherwise, such construction' -is installed without proper approval, and in addition may create dangers to public health. Conclusion The plans and specifications on this waterworks project are in general accordance with the requirements of the Minnesota Department of Health, and are recommended for approval with the understanding as stated in the preceding paragraphs, and with the usual reservations as stated on the appended sheet entitled, "Information Relative to Plan Examination. " Approved: somas Klaseus, Supervisor Public TJater Supplies Unit Plans reviewed by: Stepp J. Greenwood Public Health Engineer 1 Mhnesata ! � Contra /agency ` 1935 West County Road 8Z Roseville, Mlnne3oto 55113 1� APPLICATION FOR PERMIT FOR SANITARY SEWER EXTENSIONS INSTRUCTIONS: l.oSubmit one completed application with one set of plans and specifications for each sanitary sewer extension. 2. ALL portions of this application MUST be completed and 'signed if —the sewer extension is to be considered. I. CITY: Chanhassen COUNTY: Carver DATE: 3/3/78 II. NATURE OF AREA TO BE SERVED BY THE PROPOSED SEWER EXTENSION: (a). Residential: Number of New Homes 16 Number of Existing Homes (b). Commercial/Industrial (describe): (c). Other: N/A Title of Plans and Specs: Trolls -Glen Additions N/A Developer/Owner: Name: Mr. �lrs. J.D.Peteriohn Address: 16237 The Strand ?linnetonha, -55343 Telephone: q?,-�?_S? _-------- ----- — — III. DESIGiv OF SANITARY SEWER: Total Length cf_ Pipe: 734 IV . DESIGN OF' PUNLP STATION(S) Pump Capacity Total Dynamic Head (ft) Length of Forcemain (ft) Forcemain Diameter. (in) Forcemain Material Friction Factor (Not Applicable) S'iATION 'i I - -- I,:i1-)e Di i;i,�tur `PIVI I i ,:. 4 2 PUMP ' 1 PL AiP i# 2 ` PUMP 41 V. SEWAGE TREATMENT PLANT: Name of Plant: Blue Lake Sta . MWCC ) Is the proposed sewer Project in accord a`.}:-. ^F �:.b� y ' Co..,.,�ea.e?zsive i iF'r s VI. M SIGN LOADINGS: z Estimated flow and BOD5 increase from proposed extension: z, Initial:. X MGD Ultimate: 0.006 MGD Initial: X . 9 }5 #/D ' Ultimate.-. #f D Basis for estimating flow and BOD5 increases: 16 dwellings X 3.5 persons X 110 GPCD = 0.006 MGD 0.17 # BO Merson X 16X 3. =,9.52 lbs. " VII. Will the proposed sewer project be designed and constructed as describe: in Standard Utilities Specifications published by the League of Minnesota, Munici'� pa ities? No -see attached specifications VIII. DETERMINATION AS TO THE NEED FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET; (Minnesota Environmental Quality Council Regu atzon 24 Do you anticipate that an Environmental Assessment Worksheet (EAW) will be prepared on this project by the city or county? No Approximate date of completion _ N/A Note: A "yes" answer to any of the following may require submission of an EAW. MEQC 24-a Will the construction result in a new industrial park of over 320 acres? ) MEQC 24-c Will the construction result in an industrial, commercial or residential development of 40 acres or more, any part ) of which is within a floodplain area, as defined by "Statewide Standards and Criteria for Management of Flood - plain Areas of Minnesota"? 24EQC 24-d Will the construction result in a commercial or industrial development of more than 20,000 square feet located on a ) parcel of land having 1,500 feet or more of shoreland? 'MEQC 24-r Will the construction result in the elimination or significant alteration of 5 or more acres in the seven- } county metropolitan area or of 50 or more acres outside the seven -county metropolitan area, either singly or in a complex of two or more wetlands? QC 24-t Will the construction include 100 or more -units in an unsewered area or 500 or more units in a sewered area? } MEQC 24-u Will the proposed project result in the construction of 50 or more units of a residential development within a } shoreland area? (as defined bu Minn. Stut.§ Z05.4f?;) l9?4) O SEWER CONSTRUCTION FOR THE REFERENCED EXTENSION MAY BE UNDER TAKEN UNTIL YOU ARE IN RECEIPT OF THE REQUIRED PERMIT(S) .ISSUED Y THIS AGENCY AND AS DEFINED BY LAW UNDER MINNESOTA STATE STATUTE Z15.07, SUBDIVISION 3. Signed:Reg.No. 7 ,kengineer) Signed: Title: Authorized City Re^resentatz e, �"' � 4M D. SCHOELL 6ARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF DANIEL R. BOXRU❑ WILLIAM R. ENGELHARDT City of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 338-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON SOUTH DAKOTA AND DENTON. TEXAS February 7, 1978 Subject; Trolls Glen 1st Addition, John Merz Sewer Hookup. The problem with the service as outlined in the attached January 23, 1978 letter from Scholle and Scholle was resolved the week of January 16th. The necessary correction work was arranged for by Pemton, Inc. and completed at their cost. WJBrezinsky:cm Enclosure Very truly yours, SCHOELL & MADSON, INC. FEB 19,78 RECEIVED vIL6 Qs 01w CHANHAI�g,�, `4 MINM I..�� d;,w ices of ncL,t1VLU JAN 2 6 T8 sCHOLLE AND scHOLLE LUBLIEO.eCIIOLLS 804 TITLE INSURANCE BUILDING MAIRH SCSOLLE THOMA8 L. IOHNSON 600 s&OOND AVHNQE 9OIITH SCOTT W. STEVENSON MINNEAPOLIA. AWfN88OTA aa401 City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Attention: CCCit_y_C1erk__—) Re: Sewer hookup at 3900 John Merz owner. Our File 4 3534-78 Dear Sir: �in•aas.aaal January 23, 1978 CRECEIVED Lone Ceder Circle rt,t • w� This is to alert the City of Chanhassen, and by wacopies of this letter to alert many other people, to a problem confronting my client, Mr. John Merz. The sewer pipe running from his house at the above address does not hookup with the City's sewer line in the street. Because of this, Mr. Merz would like to know - - - and immediatel - - - what needs to be done to correct this problem and o s go ng to pay for those corrections. Here are the facts of that problem, as we understand them. John Merz purchased his lot at 3900 Lone Ceder Circle, as a developed lot with utilities already in, from Donald L. Fleming. Mr. Fleming was reselling the lot after purchasing that lot from Kit Peterjohn, developer of the area where John's lot is located. John Merz and Pemtom, Inc., entered into a contract whereby Pemtom would construct part of the house on the above -mentioned lot. Pemtom was also responsible for and did obtain the building permits required. As part of the contract, Pemtom hired Blaybck Plumbing to run the sewer line from John's home out to the street. This proved to be unsuccessful as the City's sewer hookup is at a hiPer elevation than the end of the sewer line running from John s home. This problem was discovered on or about December 28, 1977. The problem of course, is that the line from John's home cannot be hooked up without some corrective measure apparently, the sewer stub has to be lowered. Blaylock Plumbing states that it ran the line from John's home according to the City of Chanhassen's specifications. The City hookup apparently was put in by KussleConstruction, the contractor for Kit Peterjohn. The location of the hookup was apparently determined by Eagan Field Engineering Company, who conducted a survey on behalf of Kit Peterjohn. Westwood Engineering located the sewer lines and elevations on behalf of Eagan Field, apparently. City of Chanhassen January 23, 1978 Page Two This letter constitutes notice to the City of Chanhassen, and the appropriate subdivisions thereof, of John Merz's claim against it, as the above paragraphs detail the time, place and circumstances of that claim. The relief demanded is a proper hookup of John Merz's sewer line with the City line; or, alternatively, the relief demanded is for the City to do what is necessary to see that that work is done. To each and every one of the parties receiving a copy of this letter, please feel free to contact John Merz or the undersigned. Certainly this is a problem that can be solved by some expeditious communication among the parties and some good faith recognition of responsibility on the part of those who are responsible for this problem. While John hopes to resolve this matter amicably, he also feels very strongly that this is not a problem of his making and that he should not have to pay for its resolution. Accordingly, I ask that each one of you find out what responsibility you or others might have for this problem. If everyone points the finger at someone else, then this matter will wind up in Court. As I am sure everyone can appreciate, that would be a gigantic waste of time and money considering the number of parties involved and the relatively minor amount of money involved here. But John would like to make clear that he is prepared to protect his rights and interests in this matter. Very truly yours, Cott40LLE.AND SCHO Cott Stev SWS:nrp cc: John Merz, 18381 Minnetonka Blvd., Minnetonka, MN 55343 cc: Pemtom, Inc., Attn: Daniel Herbst, 8200 Humboldt Ave. Bloomington, MN 55431 cc: Blaylock Plumbing, 7731 - 4th Ave. S. Bloomington, MN 55431 Attn: Earl Blaylock cc: City of Chanhassen, City Attorney cc: City of Chanhassen, Attn: Henry Wrase, Public Works Director cc: Kit Peterjohn, 16237 The Strand, Minnetonka, MN 55343 cc: Donald Fleming, 18701 Stratford Rd., Minnetonka., MN 55343 cc: Jerry Kusske, Route 2, Box 8, Chaska, MN 55318 cc: Eagan Field and Nowack, 7415 Wayzata Blvd., Mpls., MN 55426 Attn: Vern Nichols cc: Westwood Planning and Engineering, Attn: Fran 'd,agen, same as abov( - c-..L... -11 C ,.s-.4--- no-a T.1411 4 nm n-P-ovingkv - 50-6th Ave. So. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: January 24, 1978 Re: Trolls Glen 2d Addition CC 00; �W� TELEPHONE (612) 335-9565 We have attached a revised form of letter of credit arrangement which we recommend be used for future development contracts where the developer requests the letter of credit arrangement rather than the performance bond or cash deposit guarantee. We feel this revised form provides adequate protection for the city, yet allows periodic releases upon certification thereof by the City Manager. You may wish to use this form in the Trolls Glen 2nd Addition contract, if the bank will consent. RHL:mep Encl. cc: Bill Brezinsky Very trul,, yours, 1 USSELL H LARSON Chanhassen City Attorney J �• JAIV1978 �, RECE► rvX M4� �1 klcrz `- a Op LETTER OF CREDIT (1-1/2 times estimated cost) Letterhead of Banking Institution (Approved by lst Nat'l of St. Paul) City of Chanhassen Box 147 Chanhassen, MN 55317 Re: Plat Gentlemen: Date This is to advise you that we have received from (developer) the sum of (escrow fund) which we are holding in escrow under the following conditions: 1. It is understood and agreed that (amount) of the escrow fund is being held to assure the completion of the City's requirements for the plat approval of which requirements cover the con- struction of the following listed items: as set out in the approval of said plat by the City Council of Chanhassen. 2. (Bank) , by joinder herein, agrees (a) to be bound by all the conditions set forth in the prior mentioned plat approval and (b) that the escrow fund will be (i) held to accomplish and complete all the requirements set forth in the prior mentioned plat and (ii) paid out and disbursed as provided under the Escrow Agreement and (c) the aforementioned improvements will be com- pleted on or before (date) Letterhead City of Chanhassen Date It is further understood and agreed that: (a) No part of the escrow fund will be released to developer except against a certificate by the City signed by the City Manager stating that developer is entitled to said amount by virtue of the comple- tion of work specified in the certificate; (b) Any portion of the escrow fund which has not been released to developer on or prior to (date) against a certificate from the City of Chanhassen, will be paid by us to the City of Chan- hassen against a certificate from said City under the signature of the City Manager (who is presently Donald W. Ashworth) stating that said improvements havenot been completed and that the City is entitled to the undisbursed portion of the escrow fund to be used to complete said improvements; and (c) We have no obligation or right to (1) inquire into the correctness of, or question, any such certificate or (2) see to the proper application or use by said City of any payments by us to it under any such certificate. Very truly yours, Name of Bank By Its CONSENT We hereby agree to the conditions of the foregoing Escrow Agreement and hereby join in the provisions thereof. LARSON & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ December 9, 1977 OF COUNSEL HARVEY E.SKAAR Mr. and Mrs. John D. Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Mr. and Mrs. Peterjohn: TELEPHONE (612) 335-9665 Re: Trolls -Glen Second Addition Following discussions with Don Ashworth and Dan Herbst relating to the Second Addition development contract, I have made certain changes which are shown on the attached draft pages of the contract, and which are explained below. Section 4(b), Alternate Phase I, has been deleted, as have Sections 4(d), Developers' Option, and r(3), Completion of West 77th Street. In addition, the bonding requirement for Alternate Phase I in Section 9 has been deleted. Section 18, Building Permits, has been amended as shown on the attached draft of new Section 18. This change will enable the City Manager to issue building permits under specified conditions in the event of delay in the bituminous surfacing of the streets. Please notify me of your acceptance of these changes in order that the contract can be finalized. Very truly yours, RUSSELL H. LARSON Chanhassen City Attorney RHL:mep Encl. cc: P/Don Ashworth Dan Herbst DEC 1977 RECEIVED VILLAGE pir 'tik CHANHAS3gK n�ti' ON b. Phase II: Installation of all improvements in cul-de-sac extending southerly from West 77th Street by August 31, 1979, including street, sanitary sewer, water, concrete curb and gutter and storm sewer, except that the final street wearing course shall be completed by December 15, 1979. 5. Roads, Sanitary Sewer, Water, and Storm Sewer Facilities. a. Plans and Specifications. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities in said plat, said plans and specifications to be in substantial accord with the proposed plans thereof prepared by Egan, Field & Nowak, Inc., and filed with the City on , 19 All plans and specifications shall be subject to the final approval of the City Engineers. b. As -Built Plan. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. -3- C. Easements. Developers, at their ex-pense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Developers shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of.the within agreement and the performance thereof by the Developers. 7. Disclaimer by City. It is understood and agreed.that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers, the Developers' contractors or sub -contractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of the work and improvements hereunder; and that the Developers will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 8. Written Change Orders. The Developers shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developers without such written order first being given shall be at their own risk, cost and expense, and Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in Paragraph 4 hereof shall be constructed, installed and furnished according to the terms of this agreement, and tha tthe Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Developers agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts, which are equal to 110% of the total cost of the improvements of each phase of work as estimated by Schoell & Madson, Inc., the City Engineers, as follows: PHASE I: $ PHASE II: $ -4- 18. Building Permits. Except as hereinafter provided, the City shall not be required to issue building permits or certificates of occupancy for structures within the plat until Developers shall have completed the installation of the improvements set forth under Paragraph 4 hereof to the City specifications. In the event abnormal weather.conditions delay the installation of the bituminous road surfacing, the City Manager may authorize the issuance of building permits on the condition that the proposed building site is served by a gravel roadway approved for travel by the City Engineer. The maintenance of any such gravel roadway shall be the sole responsibility of the Developers. w USSELL H. LARSON C RAIO M. MERTZ OF COUNSEL HARVEY C. SKAAR f LAR®ON & MERTZ, LTD. ATTORNEYS AT LAW 1000 FIRST NATIONAL SANK SVILOINQ MINNEAPOLIS, MINN[SOTA $5402 November 21, 1977 Mr. and Mrs. John D. Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Mr. and Mrs. Peterjohn: 6, F -1 TELEPHONE (612) 336-0666 NOV 1977 RECEIVED AUAS we ax ONANNAI , MINN. � Enclosed please find a copy of the proposed Trolls --Glen Second Addition Development Contract, as revised on November'4, 1977, and which is being sent to you pursuant to the request of Mr. Don Ashworth, Chanhassen City Manager. Please note that the performance bond requirements are set out under Paragraph 9, and the amounts of the respective bonds for each phase have been established by the City Engineer at 110% of the total cost of improvements in each phase. Also note that the letter of credit, bond, or cash deposit is to remain in force and for the benefit of the City for a period of not less than 90 days following final acceptance of the work by the City. Note also that the blanks in Paragraph 4(e) and 5 need to be completed. This will be based on information which you are to supply to Mr. Ashworth when you come in to sign the contract and take care of the necessary remaining details concerning this matter. I must confess that I am somewhat concerned about the mechanics of handling the performance bond requirements. It would seem to me to be in your interest that you secure from each of your con- tractors a corporate performance bond in an amount equal to 110% of their agreed -upon contract prices, with these bonds then assigned to the City in satisfaction of your obligation under Paragraph 9. Alternatively, it would seem to be in your interest, in view of your guarantee under Paragraph 14, that you secure a performance bond from a corporate surety, naming the City as obligee thereunder, and covering the installation of the improvements required by the contract and the replacement of any defective improvements within one year after acceptance by the City. You may find that such a bond, furnished either by you or your contractors, may be less expensive than your letter of credit arrangement, and certainly less inconvenient. Should you elect to use the cornora_i- a Imfiroi•%. Y1AY�AMw.�-__ L _� � DOW should insure that the life of the-bondycove�sa�+the one approach, you period. Yew replacement RHL:mep Encl. cc: Donald W. Ashworth Dan Herbst Very truly yours, RUSSELL H. LARSON Chanhassen City Attorney WILLIAM D. SCHOELL ,_ARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS November 14, 1977 City of Chanhassen c/o Mr. Don Ashworth, City Manager P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Trolls -Glen 2nd and 3rd Additions, Development Contract. Gentlemen: We estimate the 110 percent of the total cost of improvements for the various phases of the subject development as itemized on the attached sheets to be: PHASE I $70,200 ALTERNATE PHASE I 38,500 PHASE II 32,700 Note that we have assumed unit costs on Phase II, scheduled for 1979 construction, to be about five percent more than Phase I. Very truly yours, SCHOELL & MADSON, INC. -Z/,/- 15�4�11�e WJBrezinsky:bk enclosure cc: Mr. Russell H. Larson, Attorney RECEIVED VILLAGE 016 GHANHASSEU% " c MINhIY , �� SCHOELL & MAOSON,1Nr_. City of Chanhassen November 14, 1977 c/o Mr. Don Ashworth, City Manager Page 2 Trolls Glen 2nd and 3rd Additions Cost Estimate for Development Contract Alternate Phase I - West 77th Street to Chanhassen -Victoria Boundary: Sanitary Sewer: 8" Sewer Pipe 10' - 12' Depth Manholes 6" Sewer Services 6" Service Line and 1" Water Combined Storm Sewer: Catch Basins Storm Sewer, 18" CMP Watermain: 6" DIP Watermain 6" Valves Hydrants 1" Service Groups Street, Curb and Gutter: 400 L.F. @ $ 11.00/L.F. $ 4,400 3 Ea. @ $600.00/Ea. 1,800 9 Ea. @ $ 50.00/Ea. 450 250 L.F. @ $ 10.00/L.F. 2 Ea. @ $400.00/Ea. 220 L.F. @ $ 15.00/L.F. 470 L.F. @ $ 9.00/L.F. 3 Ea. @ $200.00/Ea. 1 Ea. @ $600.00/Ea. 9 Ea. @ $ 50.00/Ea. Street Lighting Lump Sum Concrete Curb and Gutter 840 L.F. @ $ 3.50/L.F. Modified Class 5 Gravel 600 Tons @ $ 4.00/Ton Bituminous Base 200 Tons @ $ 11.00/Ton Bituminous Wearing Course 1,200 S.Y. @ $ 1.25/S.Y. Excavation 1,450 C.Y. @ $ 1.00/C.Y. TOTAL ESTIMATED CONSTRUCTION COST Add Engineering, Staking, Inspection & Contingencies - 15% TOTAL ESTIMATED COST ALTERNATE PHASE I 110 Percent of above total Say $38,500 2,500 800 3,300 4,230 600 600 450 850 2,940 2,400 2,200 1,600 1,450 $30,470 4,570 $35,040 $38,544 1 SCHOELL & MAOSON, INc. r, City of Chanhassen November 14, 1977 c/o Mr. Don Ashworth, City Manager Page 3 Phase I - West 77th Street to County Road 15, Add the Following to Alternate Phase I: Sanitary Sewer: 8" Sewer Pipe 10' - 12' Depth Manholes 6" Sewer Services 6" Service Line Connect to Existing Manhole Watermain: 6" DIP Watermain 6" Valves Hydrants 1" Service Groups 1" Service Line Street, Curb and Gutter: 210 L.F. @ $ 11.00/L.F. $ 2,310 2 Ea. @ $600.00/Ea. 1,200 4 Ea. @ $ 50.00/Ea. 200 120 L.F. @ $ 8.00/L.F. 960 Lump Sum 470 L.F. @ $ 9.00/L.F. 2 Ea. @ $200.00/Ea. 1 Ea. @ $600.00/Ea. 4 Ea. @ $ 50.00/Ea. 100 L.F. @ $ 7.00/L.F. Street Lighting Lump Sum Concrete Curb and Gutter 900 L.F. @ $ 3.50/L.F. Modified Class 5 Gravel 650 Tons @ $ 4.00/Ton Bituminous Base 250 Tons @ $ 11.00/Ton Bituminous Wearing Course 1,340 S.Y. @ $ 1.25/S.Y. Excavation 2,770 C.Y. @ $ 1.00/C.Y. TOTAL ESTIMATED CONSTRUCTION COST ADD ALTERNATE PHASE I CONSTRUCTION TOTAL ESTIMATED PHASE I CONSTRUCTION Add Engineering, Staking, Inspection and Contingencies - 15% TOTAL ESTIMATED PHASE I COST 110% of Above Total Say $70,200 500 $ 4,230 400 600 200 700 $ 750 3,150 2,600 2,750 1,675 2,770 $24,995 30,470 $55,465 $63,785 $70,163 f SCHOELL & MADSON, INC. City of Chanhassen c/o Mr. Don Ashworth, City Manager Page 4 Phase II - Cul-de-Sac South from West 77th Street: Sanitary Sewer: 8" Sewer Pipe 10' - 12' Depth Manholes 6" Sewer Services 6" Sewer and 1" Water Combined Watermain: 6" DIP Watermain 6" Valves Hydrants 1" Service Groups Street, Curb and Gutter: 320 L.F. @ $ 11.50/L.F. 2 Ea. @ $650.'00/Ea. 7 Ea. @ $ 55.00/Ea. 280 L.F. @ $ 10.50/L.F. 340 L.F. @ $ 9.50/L.F. 1 Ea. @ $210.00/Ea. 1 Ea. @ $630.00/Ea. 7 Ea. @ $ 55.00/Ea. Street Lighting Lump Sum Concrete Curb and Gutter 870 L.F. @ $ 3.65/L.F. Modified Class 5 Gravel 700 Tons @ $ 4.20/Ton Bituminous Base 300 Tons @ $ 11.50/Ton Bituminous Wearing Course 1,480 S.Y. @ $ 1.30/S.Y. Excavation 1,000 C.Y. @ $ 1.10/C.Y. TOTAL ESTIMATED PHASE II CONSTRUCTION COST Add Engineering, Staking, Inspection and Contingencies - 15% TOTAL ESTIMATED PHASE II COST 110% of the Above Total Say $32,700 November 14, 1977 $ 3,680 1,300 385 2,940 $ 3,230 210 630 385 $ 500 3,176 2,940 3,450 1,924 1,100 $25,850 3,878 $29,728 $32,701 LAR-SON & MEATZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL November 4, 1977 HARVEY E.SKAAR Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Re: Revised Development Contract, Trolls -Glen Second Addition Dear Don: Enclosed are two copies of the revised Trolls -Glen Second Addition development contract under which we have attempted to incorporate the changes directed by the Council at its August 15 meeting, and those concepts worked out at the staff level. We have not sent a copy of the contract to the developers, as we felt you may recommend some changes before submitting it to the Peterjohns. RIIL : mep Encl. cc: Bruce Pankonin C 'fiery truly ours, RUSSELL H. LARSON Chanhassen City Attorney f„2 NOV 1977 Rlzcava r..1 VILML GE Or CHAHASSE1w; 4 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR Mr. Donald Chanhassen Box 147 Chanhassen, LARISON & MERTZ, LTD. ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNE,SOTA 5540 November 1, 1977 W. Ashworth City Manager MN 55317 �3�Si � +�►J4s6' '� NOV 1977 cD� RECEIVED LV.ILLAGE OF -C_hANHAssgN, �v > MINN. Lv , TELEPHONE (612) 335-0565 Re: Trolls Glen Second Addition Dear Don: When I came to re -draft the development contract for Trolls Glen Second Addition as directed by the Council on August 15, I ran into some problems which should be discussed before we go any further on the proposal. The development concept calls for the work to be performed in two phases as based on the preliminary plat prepared by Egan Field and Nowack, Inc., as revised on June 30, 1975. Phase I was to include the improvement of West 77th Street to the Chanhassen/Victoria boundary, including installation of all improvements by August 31, 1978 (except final road wearing course to be completed by December 15, 1978.) Phase II involved the installation of all improvements in the cul-de-sac extending southerly from West 77th Street by August 31, 1�979, including streets (except final road wearing course to be completed by December 15, 1979). My -first area of concern was to provide sufficient guarantees to the City that West 77th Street would be completed from the Chanhassen/Victoria boundary to County Road 15 within the time -frameof Phase I. It is my view that the most effective means of assuring the City that West 77th Street would be'constructed through to County Road 15, would be to provide for this construc- tion under Phase I, supported by a performance bond to cover the .cost of all the work, including installation of sanitary sewer, water, concrete curb and gutters, and storm sewer. I recognize that part of West 77th Street lies within Victoria,. but I am reasonably sure we. would have its cooperation, should it be necessary for the City to go in and complete West-77-th Street to County Road 15, in the event the developer failed to do so. I believe this is a stronger approach than entering into agreement with Victoria that it would build the road if the developer did not, and.stronger than the withholding of building .permits -in the Second Addition until the road is completed to County Road 15. 'i Mr. Donald W. Ashworth -2- Trolls Glen Second Addition 11/1/77 The second problem which conerns me is the fact that under the concept, the cul-de-sac area south of West 77th Street in Trolls Glen Second Addition was proposed to be developed as a part of Phase II. It would seem, therefore, that Phase I would consist of a final plat showing only the five lots in Block 1 of the Second Addition, with all of the proposed lots lying south of West 77th to be included in one large outlot in the final plat of the Second Addition. In effect, then, we would have a plat and development contract covering only five lots plus one large outlot. Phase II, consisting of the outlot property, would then have to be platted as another addition, and probably with another development contract to support the plat. Another difficult situation which should be dealt with is the problem of the proposed lot divisions in the cul-de-sac area lying south of West 77th Street. An examination of the preliminary plat discloses that an existing water easement bisects proposed Lots 10 and 11, Block 2, and my concern is that this has not received informed consideration by the Planning Commission and the Council. It may be apparent, therefore, that the area south of West 77th Street should be cedes igned to avoid encroachment on the existing water easement. I have discussed these problems with Bruce, and he and I have agreed, subject to your approval, that we ask the developer to meet with us to review these problem areas. Your views will be appreciated. Very truly yours, RUSSELL H. LARSON Chanhassen City Attorney RHL:mep cc: Bruce Pankonin VILLAGE OF LAKES & PARKS 1,300 ARBORETUM BLVD. August 23, 1977 � VICTORIA, MINN. 55386 IEt_F:PHONE:612-443.2363 Kit Peterjohn MAYOR 1625�7 The Strand Daniel Vork Minnetonka, Mn. 55343 COUNCIL Dear .Kit: Kenneth Diethelm Donald Fuller Richard Soderberg, M.D. Resolutions No. 77-20 and 77-21 adopted August 18, 1977 reflect Jean Strohm the approval of the Council for pp your preliminary plat and the variances PLANNING COMMISSION only. The review of the minutes of August 18, 1977 will be done on Walter Burry Ella r;ale September 1, 1977 and if approved the resolution will be signed. Dennis Gregory Marvin Hartman This preliminary plat approval shall not constitute final acceptance .lean Huber of the subdivision. Within six months from the approval date, DARK AND RECREATION August 18, 1977, which would be February 18, 1978 the final plat Ct-MMITTEE must be filed. O^i ,3ias Braunworth Charles Hanson Matti Hartmann ers The Planning Commission and the City Council expressed concern 'Aaiy oore 'Mary Moore for the slope and grade of the road. Their request and the condition P g q Raymond Notermann, Jr. for acceptance of the preliminary plat was to do the road in one shod; NancvSohns i.e. complete with blacktop and curb and gutter. HOUSING & REDEVELOPMENT AUTHORITY Carl I fanson, Jr. Congratulations and thank you for working through this office with 5hirlAy Manson your requests. In the end we are all concerned with the utos t Roland Olson Rodney Strobel efficient results. If you have questions and I can be of help Daniel Vork Please do not hesitdto- to call. ATTORNEY Sincere Robert Nicklaus ENGINEER Lawrence Gardner Slvx PUBLIC WORKS SUPE RINTENDENT Larry Bo 1 Winton Gay City Planne CLERK ADMINISTRATOR ^ Virginia Harris LB: gj \/ RESOLUTION NO. 77-21 WHEREAS, Verna Peterjohn has applied for a variance from City of Victoria Code of Ordinances, Section 360:08 to permit a 50 foot right-of-way; and WHEREAS, Verna Peterjohn has applied for variance to Section 415:04.3 of the City Code to permit lot size less than minimum one half acre; and WHEREAS, pursuant to law, the Victoria Planning Commission held a public hearing on the request on August 15, 1977 and thereafter recommended that the variance be granted; and WHEREAS, the Victoria Council finds as follows: (1) Granting a variance from the 60 foot right-of-way to a 50 foot right-of-way will not adversely affect public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. (2) Strict enforcement or interpretation would result in a practical difficulty or unnecessary hardship inconsistent with the intent of the ordinance. (3) Continuation of an existing street, and existing platted subdivision. (4) Granting a variance from the minimum lot size of one half acre will not adversely affect public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. THEREFORE, BE IT RESOLVED That the Victoria Council hereby grants two (2) variances to Verna Peterjohn: (1) To permit a minor street right-of-way of 60 feet to be 50 feet. (2) To permit lot size of approximately 15,620 sq. feet, from minimum of one half acre where sewer is available. The property is more fully described as: That part of the Southeast Quarter of Section Seven (7)2 Township One Hundred Sixteen (116), Range Twenty-three (23) lying Easterly of the center line of the Excelsior and Glencoe Road (now known as County Road No. 15), and North of the North line of Outlot Three,(3), Cedar Crest, except that part thereof lying North of the extension of a line drawn parallel with and distant 333.7 feet South of the North line of Government Lot 4, Section 8, Township 1162 Range 239 according to the United States Government survey thereof. Adopted by the Victoria Council this 18th day of August, 1977. ATTEST: Larry Zoning Administrator 4 Daniel Vark, Mayor :f �23945677$9�, l SF-P1977 n RECEIVED =' vritwoE ofi' r -tlIANHASSEN, Qom` y4. MINK ��, v RESOLUTION NO. 77-20 WHEREAS, Verna Peterjohn has submitted a preliminary plat of 2.69 acres, now called Troll -Glen, 3rd Addition located north of Faith Lutheran Church, 7595 Minnewashta Parkway. (same as C.S.A.H. #15) into five (5) lots; and WHEREAS, pursuant to law, the Victoria Planning Commission held a public hearing on the request on the 18th day of August, 1977 and did not make a recommendation; and WHEREAS, the Victoria Council finds as follows: (1) The five (5) lot subdivision is a continuation of existing subdivision, Trolls -Glen 2nd Addition located in Chanhassen. (2) Approving the preliminary plat for subdivision will not adversely affect public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. (3) The approval of the preliminary plat is an acceptance of the general layout as submitted and indicates to the subdivider that he may proceed toward final plat in accordance with the terms of approval and provisions of the ordinances. THEREFORE BE IT RESOLVED That the Victoria Council hereby grants approval of the preliminary plat of Trolls -Glen 3rd Addition subdivision. The property is more fully described as: That part of the Southeast Quarter of Section Seven (7), Township One Hundred Sixteen (116), Range Twenty-three (23) lying Easterly of the center line of the Excelsior and Glencoe Road (now known as County Road No. 15), and North of the North line of Outlot Three (3), Cedar Crest, except that part thereof lying North of the extension of a line drawn parallel with and distant 333.7 feet South of the North line of Government Lot 4, Section 8, Township 116, Range 230 according to the United States Government survey thereof. BE IT FURTHER RESOLVED That the Council has a great concern as to the slopes and grade of the road proposed in said subdivision. In addition to the developer adhering to Section 360:00 of Code of Ordinance, a developer's agreement must state the road to be completed to the satisfaction of the City Engineer with no delay in applying blacktopping. Adopted by the Victoria City Council this 18th day of August, 1977. ATTEST: Dan Vork, ay4r Lary Bod 1, Zoning A miii,itratorr SEP1977 RECEIVEDVILLAGE op -P-" CNAN AS HASE SEN, . ti j MINN. 'l\ WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT City Council City of Victoria Victoria, Minnesota 55386 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS August 18, 1977 Subject: Trolls -Glen Third Addition Preliminary Plat. We have reviewed the subject preliminary plat, prepared by Egan, Field & Nowak, Inc., dated July 25, 1977, regarding conformance with the City of Chanhassen Subdivision Ordinance No. 33. We find the plat in conformance with the Chanhassen Ordinance as to lot sizes, lot dimensions and right-of-way width. The area is served by public water and sanitary sewer systems. The required roadway width in Chanhassen is 28 feet for minor streets such as 77th Street. This dimension is measured back-to-back of the required concrete drive over curbs. The street grades and deflections do not conform with Chanhassen Standards. The street grade of 8 percent exceeds the 7 percent maximum allowed by ordinance and the radius of the easterly curve is less than the required minimum of 100 feet. Howeveri considering the configuration and topography of the property as well as the approved preliminary plat of Trolls -Glen 2nd Addition, we feel the plat as shown is the only feasible way to develop the parcel. In conclusion, if this property were located in Chanhassen, we would recommend approval of the preliminary plat and a variance from the ordinance regarding the street grades and the radius of the easterly curve. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:bk 0 CITY OF g CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: Casty Manager, Don Ashworth DATE: August 15, 1977 SUBJ: Development Contract, Trolls -Glen Second Addition, Kit Peterjohn (Final Approval) Attached please find a copy of the proposed development contract for Trolls -Glen Second Addition as prepared by the City Attorney. The City Engineer is recommending that the following dates and amounts be included in the contract: Section 4. Schedule of Work ...Work to commence on or before October 1 19 77 •••Work to be completed on or before January 15 , 19 80 ----Phase I. •Installation of improvements in West 77th Street to Chanhassen/ Victoria boundary by January 15 , 19 78 . - ��•-• Final wearing course to be completed by August 15 , 19 78 Phase II. -- Installation of improvements in cul-de-sac by January 15, 1979" " -• Accept final wearing course to be completed by January 15, 1980 " 9. Performance Bond. fl N A cash deposit in the amount of $64,900 ••• Or irrevocable letter of credit in the amount of $64,900 ~' 10. Boulevards and Driveways. • Mayor and Council -2- ". Deposit for individual lots in the sum of $300.00 13. Street Lighting. • Street Lighting shall be assumed by the City 24 after completion. August 15, 1977 months ---Or after 75 _ percent of the building lots have been improved. 1. 19. Remedies on Default. II . . . pay the entire amount of the assessment roll pertaining to any such improvement within 30 days after it's adoption. - This office believes that the City Council should consider amending Section 20 - Special Conditions, to state a specific time frame in which the improvements will be completed for West 77th Street from the Chanhassen/Victoria boundary westerly to Carver County Road 15. It is recommended that the attorney add to this section specific wordage accomplishing the following concept - "West 77th Street from the Chanhassen/Victoria border to County Road 15 shall be completed within the same time frame as improvements set forth in Section 4, Phase 1. Until such time as these improvements are completed, no building permit shall be issued for Trolls -Glen Second Addition." 0 RiTSBELL H. LARsox ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA S5402 RUSSELL H. LARSON AREA CODE 612 CRAIG M. MERTZ TELEPHONE 335-9565 August 11, 1977 Mr. Donald W. Ashworth Chanhassen City.Managex Box 147 Chanhassen, Minnesota 55317 Re: Trolls Glen Second Addition Development Contract Dear Don: Attached for your review is -the :above development contract, in two copies, which'if approved, should be submitted to the Council .for final action. With respect to the performance bond requirements of §9, the letter of credit arrangement.should cover a.period from the date of contract ekecution to a date not less than ninety (90) days after installation of the final. element of construction, i.e., the final street wearing course. We can anticipate that as.the elements of.construction are ns•tal.led and accepted by. .the City, the Developers will request periodic reductions in the Amount of the .letter of. credit. These requests will have to be dealt with by the :Council as they arise. Very truly yours, 0� For L,ARSON &'MERT.Z, LTD. RHL : inep Encl.. cc: Bruce Pankonin Mr. and Mrs, John D. Peterjohn. Mr. Dan Herbst Mr. Bill Br.ezinsky CITY OF r,& CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1470CHANHASSEN, MINNESOTA 553.17 (612) 474-8885 MEMORANDUM DATE: August 10, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Preliminary Plat for Trolls Glen Third Addition, City of Victoria Attached please find notice of public hearing that the Victoria Planning Commission is holding a public hearing to consider a preliminary plat for Trolls Glen Third Addition on August 15, 1977. By telephone conversation, I suggested to Larry Bodahl, Zoning Administrator, that Victoria grants all necessary variances to their subdivision regulations allowing Mrs. Peterjohn to plat Trolls Glen Third Addition according with the design standards as specified in Chanhassen Subdivision Ordinance #33. In addition, I suggested to Larry that the City of Chanhassen and Victoria jointly agree, with the advice and consent of the Minnesota Municipal Commission, to detaching the Trolls Glen'TI-ird Addition and Lutheran Church from the City of Victoria and incorporating said area into the City of Chanhassen. I suggested he refer this proposition to the Victoria Planning Commission for their consideration and review. CITY OF VICTORIA VICTORIA, MN. BOARD OF ADJUSTMENT PUBLIC NOTICE APPEAL FUR A VARIANCE APPLICATION FOR SUBDIVISION Notice is hereby Given that on Monday, the fifteenth day of August, 1977 at 7:30 p.m. in the Conference Room of the 1600 Arboretum Blvd. Building the Victoria Planning Commission acting as the Board of Adjustment will hold a public hearing to consider 1iu application by Verna Peterjohn:.(1) for a variance from the zoning ordinance section 360:08 to permit a Minor Street right of way of 60 feet to be 50 feet, entering onto C.S.A.H. #15 and be continuous with 77th Street, Cedar Crest Court, Chanhassen. (2) for a variance from the zoning ordinance, Section 415:04:3 Shoreland Area, Residential District Lot Size: to permit lot size approximately 15,620 sq. ft. from "...minimum of one half acre where sewer is available;" (3) to subdivide 2.69 acres into five lots approximately 15,620 sq. ft. each (average). The property is more fully described as: That part of the Southeast Quarter of Section Seven (7), Township One Hundred Sixteen (116), Range Twenty-three (23) lying Easterly of the center line of the Excelsior and Glencoe Road (now known as County Road No. 15), and North of the North line of Outlot Three (3), Cedar Crest, except that part thereof lying North of the extension of a line drawn parallel with and distant 333.7 feet South of the North line of Government Lot 4, Section 89 Township 116, Range 23, according to the United States Government survey thereof. All persons interested are invited to attend said hearing and be heard on this matter. Dated: August 2, 1977 BOARD OF ADJUSTMENT Larry Bodahl Zoning Adminstration (Publish Aug. 3 & 10, 1977 Carver County Herald) c?� AUG 1977 ReceiveD �1ANHASs$�� Rs,,µ MpVN. „ l'o �C) OF l;HANHASSEN � ... ERNEST J. WE•BBER♦�� NI • VIL,-i%o,:. OF ViC f 0RIA M 8K 90, P 567 + Mi v v�-547 co • 273 JEROLD .S. BOLEY• SK 64, P 275 "' rWILLIANI. E. SC BK 99, P 652 WEST - ry vNJ cy � • i , now J 1.i0 L&E Y NO, iOal O N co ' %i co OUTLOT 3 0"� �.. EAST 66, ••73R••• -ROBERT K. KELLER p� 8K 64, P 1#4 RAY S. FLYGA,RE EK 90, a 2i I I . I ' I CITY of k-" y CHANHASSEN 7610 LAREDO DRIVEoP.O BOX 147*CHANHASSEN, MINNESOTA 55317 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: August 1, 1977 (612) 474-8885 � A Action by Council; &A w r A zer" C. � Endorsed � Modifie cis 49 cA.FA e.., x'°" l d %- : � x f, f rejected o.,, es��ua%. c.o,�fri �t Dated/� /» :/" A,bi re ccirst SUBJ: Development Contract, Trolls -Glen Second Addition, Kit Peterjohn The Planning Commission and City Council have previously approved the preliminary plat for both Trolls -Glen First and Second Additions. Utility and other improvements are now completed in the First Addition and the developer, Kit Peterjohn, would request permission to begin final plat requirements for the Second Addition. Both the Planning Commission and City Council, in approving the preliminary plat, noted that work should not commence on the Second Addition until after a second access is provided from Trolls -Glen to County Road 15. The owner of the property west of Trolls -Glen (in Victoria and lying between County Road 15 and Trolls -Glen) is now ready to subdivide and would agree to guaranteeing (in cooperation with Mrs Pet h h erjo III t at the second access would be provided. As such, Mrs. Peterjohn would now request approval to start plat requirements. Normally this item would not require council consideration at this time; however, Mrs. Peterjohn is again requesting the City to install and assess improvements under the city's bonding authority. As this request significantly affects how the development contract is written, or whether Mrs. Peterjohn will pursue Second Addition platting, council consideration is requested. This office strongly believes that other items or conditions of the development contract should not be discussed at this time. The development contract will spell out the necessary completion of West 77th Street, timing of improvements, escrow requirements, etc. Discussion of these types of items at this time will only be duplicated when the specific development contract is presented and considered for final approval. If certain of these items are found to be unreasonable at that time, they can be discussed and modified at such future meeting. Mayor and Council -2- August 1, 1977 Additionally, neither the city council nor the developer should discuss merits of the city installation, assessment of improvement, etc. unless such information was not previously presented. The request presented by Mrs. Peterjohn is for re -consideration of the city council's previous action to deny public installation of these improvements. If the council should determine that new facts are presented which were not previously considered, the council must first vote to reconsider discussing the item. This office is unaware of any conditions which have changed since consideration of this item in March of this year. If the council determines that the developer should install improvements, the attorney should be instructed to prepare the development contract considering such private development. If the council determines to reconsider and, further, approve public installation, the city attorney should be instructed to prepare the development contract including such public participation. t t OFFICE OF ~ DIRECTOR OF PUBLIC WORKS PATRICK B. MURPHY Phone 448.3435 Ext. 29 July 26, 1977 TO: City Administrator - Victoria City Administrator Chanhassen FROM: Patrick B. Murphy, County Highway Engineer SUBJECT: Review of Proposed Trolls -Glenn Third Addition I have reviewed the proposed plat as to its effect on CSAH #15 as required by statute. I agree with providing an outlet to CSAH #15 because it will provide a safer intersection than that existing from TH #5 and will therefore, provide alternate access to all residents in the area. I reviewing the preliminary plat, I have only one comment. The intersection of proposed 77th Street should be revis3d to inter- sect with CSAH #15 at as close to a 900 angle as possible. While always desirable, it is more important here because of the rela- tively short sight distance to the north. I have indicated a desirable alignment on the attached copy of the preliminary plat. Also attention should be given to insure a relatively flat area at the intersection long enough to accomodate one vehicle without encroaching on the CSAH #15 pavement. I hope that you will incorporate these suggestions in your re- quirements for this plat. Sinc�r ly, /atrc'ick B. Murphy PBM:cjb JUL 1977 W; 4 Ha Senr, 7_ NN ,. cw " AN EQUAL OPPORTUNITY EMPLOYER " g l� eq c C ram. `�, - �.�✓..� � �,� - If C �ti �-�X C �:z� CITY OF �y CHANHASSEN 7610 LAREDO DRIVE *P.O ROX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 POW Z •-:-NkF66 TO: City.Attorney, Russell.'Larson FROM: City Manager, Don Ashworth. DATE: July 11, 1977 SUBJ: Trolls Glen Subdivision Bill Brezinsky has reported to me that all work is completed in Trolls -Glen Subdivision and no further action on the part of the City will be required in regards to the letter of credit established by Kit Peterjohn. I am assuming that Bill Brezinsky will be preparing a written report to this office for action by the City Council, i.e. final acceptance of improvements.- Trolls -Glen Subdivision. cc: Bill Brezinsky, Schoell and Madson RUSSELL H. LARSON CRAIG M.MERTZ RusSELL H. LARsox ATTORNEY AT LAW 19OO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 June 8, 1977 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Re: Trolls Glen Subdivision Dear Don, AREA CODE 612 TELEPHONE 335-9565 Under date of May 31, 1977 I reported to you that my file reflected that the letter of credit given to secure performance of the Trolls Glen Development Contract expires June 15, 1977. In examining the City file on this project, I note that the second amendment to the development contract provided that the placement of the improvements were to have been fully completed to satisfaction of the City on or before December 15, 1976, except that the final wearing course of the bituminous roadways is to be completed by June 15, 1977. Further, the second amendment to the development contract provided that the letter of credit is due to expire August 15, 1977. There- fore, it appears that we have until August 15, 1977 within which to draw upon the letter of credit to secure performance of the develop- ment contract. Apparently my office was not furnished with a copy of the letter of credit and the executed second amendment. I have been informed that the street work is far from complete, and that the developer is in default under the terms of the contract. Such being the case, perhaps we should consider at this time, and certainly before August 1, 1977, what steps are to be taken to protect the interest of the City, including drawing upon the letter of credit before it expires. Bill Brezinsky advised me that the road wearing course can be installed this year; and such being the I see no reason why the work can't be done before August 15th. Your v ews will be appreciated. ry%.LARSON s, SSELL RHL:sh cc: Bruce Pankonin Bill Brezinsky �g189j r ,1(Ipv 1977 LilgNyq SCR ca �,?PoF1.ZZti2/�� RusSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA SS402 RUSSELL H. LARSON CRAIG M. MERTZ May 31, 1977 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Dear Don: AREA CODE 612 TELEPHONE 335-9565 Re: Peterjohn Trolls Glen My file reflects that the letter of credit given to secure performance of the Trolls Glen Development contract expires June 15, 1977. The letter of credit was designed to cover 100% of the cost of improvements to be installed in this subdivision, and the purpose of this letter is to alert you, the City Planner, and the City Engineer of the expiration date of the credit, to allow time within which to draw on the same in the event the work is not completed to the satisfaction of the City. Perhaps it is in order for the engineer to make an inspection and furnish the staff with a full re-,-ort prior to the 15th'of June. ery tru9.L urs, SE LRSON Chanhassen City Attorney RHL:mep cc: Bill Brezinsky Bruce Pankonin From: City Administrator Referred To: Mayor P�y1 Council Planner Build;n� Attorney_________. Engirl.:. Troasury Police Parks i'; Rec. Street faint. Utilitics Presser Oth Date p /ve ro - C u.LL7''a/re+., a rr' YC.w 0'" �e�71.✓ T Cr6�71�� • «� Cf Cu�t...c.I re c 4i/i/77 _ 10 JUN 1977 Co RECEIVED � �+oe ox o �ANNgggElY, �, MtNry, `� ,jbLUTION o. 1776-1976 CITY 4F CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885 March 8, 1977 Mrs. Kit Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Mrs. Peterjohn: The City's consulting engineer, Bill Brezinsky, has notified this office that the remaining work to be completed on public improvement in Trolls -Glen 1st Addition, pursuant to the Development Contract, is $10,410.00, such inclusive of construction and retainage costs. Pursuant to authority granted to this office by the City Council, this letter should serve as the City of Chanhassen's authority to reduce your letter of credit to an amount not less than $10,410.00. Should you have any questions, please feel free to contact me. Since ,�. y yours, Don Ashworth City Manager DA:k �i <:,�OuUTION A, 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE•P.O. BOX 147oCHANHASSEN, MINN ESOTA 55317*(612) 474-8885 March 8, 1977 Mrs. Kit Peterjohn 16237 The Strand Minnetonka, MN 55343 Dear Mrs. Peterjohn: The City's consulting engineer, Bill Brezinsky, has notified this office that the remaining work to be completed on public improvement in Trolls -Glen lst Addition, pursuant to the Development Contract, is $10,410.00, such inclusive of construction and retainage costs. Pursuant to authority granted to this office by the City Council, this letter should serve as the City of Chanhassen's authority to reduce your letter of credit to an amount not less than $10,410.00. Should you have any questions, please feel free to contact me. Sincerely yours, Don Ashworth City Manager DA:k 17. ,jO\-UTION Q, C� e Q 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1470CHANHASSEN, MINNESOTA 55317e(612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: March 7, 1977 SUBJ: West 77th Street Extension Request, Between Trolls -Glen Addition and County Road 15, Kit Peterjohn, (Joint Powers Agreement - Chanhassen/Victoria) The city is in receipt of a request from Kit Peterjohn to extend West 77th Street between Trolls -Glen 1st Addition to County Road 15. The extension would allow Mrs. Peterjohn to complete final platting for the second addition (the planning commission and council accepted the preliminary plat for both the lst and 2nd addition, but stated that no lots could be finally platted in the 2nd addition until West 77th Street was completed). Normally, a developer would not be required to approach the City with this type of request - simply enter into a development contract to complete the street and platting pursuant to original approvals. Mrs. Peterjohn's problem and request is different than normal on two basis: 1). West 77th Street, in part, extends through Victoria and, as such, a joint powers agreement is necessary spelling out the nature of the work to be complete, by whom, to those specifications, and who will pay for such; and 2). Mrs. Peterjohn is requesting that the City carry out a portion of the work and assess such and; further, modify the original development contract to again delay paving in the 1st Addition until after West 77th Street is completed. Mayor and Council -2- March 7, 1977 3). Mrs. Peterjohn is not asking that the city consider entering into the joint powers agreement, nor has she met with the Planning Commission relative to terms of the development contract (road construction standards, payment of costs, timing, and specific standards being a part thereof); instead, she is asking for general statements from the council concerning these items prior to her purchase of property between Trolls -Glen and County Road 15. In an effort to reduce confusion, I would suggest that the council proceed as follows on this issue: 1). The joint powers agreement should not be an. issue. Both Chanhassen and Victoria have previously stated support of extending West 77th Street. Mrs. Peterjohn has stated that she will pay the cost of improvements in Victoria and staff believes Victoria and Chanhassen can establish specifications acceptable to both governmental units. However, after decisions relative to 2), below, Mrs. Peterjohn should approach Victoria and inform them of her decision to proceed; thus assuring no problems do exist. 2). Decisions made by the council at this time relative to improvement of West 77th Street and payment of costs thereof are part of the development contract between the City and Mrs. Peterjohn. Any decisions made would be tenative and could be subject to change when that document was finally considered by the council. This office would make the following comments relative to development contract requests of Mrs. Peterjohn: a). Use of City Bonding and Assessment of Lots Benefitting from installing of Road Improvements: The City has fluctuated between requiring developers to install improvements themselves and using the City's bonding authority for this purpose. Given the total debt of the city, this office cannot endorse use of city funds for private development projects. I personally believe that using city bonding, hearing prodedures, specificiations, and assessment process is more expensive to the developer. The issue of the developer-,: being unable to gain private financing for the project lends no justification for the City to finance the project. The issue should be seriously considered by the council since I am positive such will reoccur shortly in the next Hansen and Klingelhutz and Ecklund and Swedlund's developments. b). Amendment of the Existing Development Contract to, again, delay Paving: It is the belief of this office that most of the lots in the Trolls -Glen lst Addition have been sold. The paving in that section should have been completed before this date. The construction of West 77th Street can be scheduled totally from County Road 15 and, as such, should not disturb improvements in the lst addition. In essence, there is no reason to consider delaying further lst addition improvements. WILLIAM D. SCHOELL CARLISLE PAADSON JAQK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT SCHOELL &. MAOSON, INC. ENGINEERS AND SURVEYORS 1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343 OFFICES AT HURON, SDUT .March 7, 197 MAR 1977 RECEtyE',D City of Chanhassen �pNtaAssgN� c/o Mr. Don Ashworth, Administrator NIINN► P. O. Box 147 Chanhassen, MN 55317 Gentlemen: pENTON, TEXAS Subject: Peterjohn, Trolls -Glen Subdivision, Reduction of Escrow Deposit. We estimate the total cost of work remaining on the subject project to be $9,464 as outlined herein. Accordingly, reduction of the escrow deposit to not less than 110% of this amount, or $10,410, would be appropriate. Work completed to date includes site and street grading, installation of sanitary sewer, watermain, gas, electricity, street lighting, gravel subbase and concrete curb and gutter. Sanitary sewer and water lines have been tested. Lein waivers or proof of payment have been produced for all contractors and consultants involved in this work (copies attached). We understand City costs have been paid. Construction work remaining includes placement of bituminous base and wearing courses and possible repair of curb and gutter settlement. Estimated construction and related costs are itemized below: Bituminous base and wearing course const. $8,364 Repair of curb and gutter 500 Estimated staking, inspection, legal and administrative 600 TOTAL $9,464 ADD: 10% 946 TOTAL ESCROW DEPOSIT REQUIRED $10,410 SCHOELL & MAOSON.INC. City of Chanhassen Page 2 March 7, 1977 If you have any questions regarding this matter, please contact us at your convenience. Very truly yours, SCH�OELL & MADSON, INC. WJBrezinsky:sjr enclosures �j 237M — Receipt and Waiver of Mechanics' lien HENNEPIN STATIONERS, INC.—522.6666 7 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS (Approved by Minneapolis Real Estate Board) ,1 N. B. — It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by part- ners in co -partnerships. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. l 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. i� 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. ii 5. NO F,RASURES OR ALTERATIONS MUST BE MADE. ............................................................. March..:4............................ 19... 7... (Date) The undersigned acknowledges having received payment of ... Eight Thousand Five Hundred ............................................................. Seventy. Nine. Dollars and Fifty, Cent.s........................................................ DOLL.iRS (,$...8., (Amount Paid) . From.............J......D..........Peter............j ......o...h...n ....................................................................................................................................:....in full payment of (Name of Payor) Surveying Services Rendered all......................................................................................................................................................................................................................... (Kind' of Material or Labor) by the undersigned delivered or furnished to (or performed at) .... :........................ .................................................................... ...............................................Tro.l.l.s...Gle........................... ............................................................................................................................................... .......................................................................................................................................................................................................................................................... (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's Lien against said premises for labor, skill or material furnished to said premises prior to the date hereof. PLUMBING, HEATING and PLAMRING contractors must sign statement on reverse hereof. Elan, Field & Nowak, .Inc.......,... ........................ ..... Ja Bye.�.:................ -' . Treasurer ............................................................................................... (Title) Address 7415 Wayza8.a Blvd .............................................. 1,5 WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 3-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS February 28, 1977 City of Chanhassen c/o Mr. Don Ashworth, Administrator P. O. Box 147 Chanhassen, MN 55317 Subject: Peterjohn-Trolls Glen Subdivision, Reduction of Escrow Deposit. Gentlemen: With a substantial portion of the utility work completed and paid for, Mrs. Peterjohn is asking for a reduction of the escrow amount to 110% of the work remaining. The work completed to date includes construction of sanitary sewer, water, concrete curb and gutter, installation of street lights and placement of gravel subbase. Sanitary sewer and water lines have been tested. We understand all construction costs as well as connected engineering, surveying and City costs have been paid. Construction work remaining includes placement of bituminous base and wearing courses at a cost of $8,364.00. We estimate remaining City costs to be $600. ($500 for engineering inspection and $100 for legal and administrative). According to Ordinance, the deposit must equal 110% of the estimated cost of the work remaining or $9,860.40. Prior to reduction of the escrow amount, the owner should be required to produce lien waivers for all work completed. Very truly yours, 31 SCHOELL & MADSON, INC. %��902`�QS . /,�Y^�G�� MAR 1977 WJBrezinsky:sjr CEI�'ED _� �Nya sent � �e MINN '_.1i METROPOLITAn WAITE COf1TROL commiff ion Twin Cities Area February 24, 1977 Mr. Gerald Schlenk Clerk -Administrator City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: Trolls Glen Extension Dear Mr. Schlenk: a 0 We have revi ie qed the information submitted (design data and location map) for this sanitary sewer improvement project and find it in accord with your comprehensive sewer plan and consistent ..'M the Metropolitan Urban Service Area as defined by the Metropolitan Council in their Development Fra1zwo rk Program. We will file this information as Dart of your comprehensive sewer plan and inform the Minnesota Pollution Control :agency that we have no objections to the installation of these facilities. Very truly yours, u ,toe R. A. Odde Staff Engineer RAC:CAC:hw cc: Minnesota Pollution Control Agency, Patrick Herndon ,l�l..Gj:+^vt itu n C3uncil 350 METROlOUARE BLDG. 7TH & ROBERTlTREETJ JRU1T PRUL mn 55101 612/222.8423 11 n _ = r recycled Zr RUSSELL H. LARSON CRAIG M. MERTZ RUSSELL H. LARS01-IT ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLI5, MINNE50TA 55402 February 22, 1977 Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Dear Don: AREA CODE 612 TELEPHONE 335-9565 Re: Peterjohn/Trolls Glen In response to your request that I comment on Kit Peterjohn's proposal of February 7, 1977 that this coming summer, the City put in the roads in Trolls Glen 2nd Addition, including access. to County Road 15, and that the installation of the wearing course in the lst Addition be delayed until this work is done, I offer the following views: At this point in time, she apparently does not own the lands between the 2nd Addition and County Road 15. It seems, therefore, that any consideration of her request would be premature. The present owners of the access tract would require payment, no doubt, if the City moved on the project now. Once she acquires the tract and has her development plan approved, she could petition for the road construction as a public improve- ment under Chapter 429 with the costs assessed against the benefitted properties. Rather than involving the City financially, it is my opinion that all public improvements, including streets, sewer, and water, should be installed by the developer under our engineering direction, with performance guaranteed by a bond, letter of credit, or monetary deposit. Very tr y rs, RUSSELL H. LARSON Chanhassen City Attorney RHL:mep CC: Bruce Pankonin Bill Brezinsky N FEB 1977 RECEIVED u %q LALGE OF. v CHANHASSEN, MINN. ■ ,jOtUTION Q 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE9�P 0. BOX 1479CHANHASSEN, MINN ESOTA 55317®(612) 474-8885 IaIVato] MAINIpill 0 DATE: February 10, 1977 T(D.z Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Trolls -Glen, 2nd Addition In response to Mrs. Peterjohn's request, I respectfully submit the following background information: 1. Community Location: As you know, the subject property is on..the southwest shore of Lake Minnewashta. 2. Existing Zoning: On April 26, 1975, the City Council duly rezoned "Outlots 1 and 2 of Cedar Crest Addition" (now known as Trolls -Glen Addition) from R-lA to R-1 Single Family residential. 3. Subdivision Plan Approved: On July 7, 1975, the City Council duly approved a preliminary plat for the Trolls -Glen Addition subject to the preparation and approval of the development contract for the subject property. Although not explicitly stated in the Council's motion, it was the intent of the Council not to approve a subdivision plan for the Second Addition until Mrs. Peterjohn provides for local access to County Road 15 in Victoria. This is apparently what her request of February 7, 1977, is all about. 4. Development Plan Approved: On September 2, 1975, Mrs. Peterjohn agreed to the terms as outlined in a development contract regarding construction of the first addition. Mr. Don Ashworth -2- February 10, 1977 Planner's Comments: I don't have any problems with Mrs. Peterjohn's request, per se. However, I am skeptical of using the firm of Egan, Field and Nowak as engineers for the project because of their track record in the first addition. In addition, I am dismayed at the number of variance requests generated from the Trolls -Glen first addition. At the time of subdivision approval, City Staff commented and suggested other lot configurations to make the newly created lots "more buildable". The developer and her agent, Dan Herbst, stated that there would be no problem and that all the houses would be architecturally designed and sited onto the lots properly. This all sounded good to us and the City Council approved the plat as heretofore stated. However, we've had two variance requests for the Trolls -Glen lst addition and two more are pending. This is a pretty lousy track record when we consider only 11 lots were initially created. Ff—,-'Fhe Pemtom Company 8200 HUMBOLDT AVE. SO. BLOOMINGTON, MINNESOTA 55431 (612) 888-9561 January 12, 1977 Mr. Russell H. Larson Attorney at Law First National Bank Building Minneapolis, Minnesota 55402 Dear Russ: Please find enclosed the Notice of Lis Pendens and the Judgment entered on January 7, 1977, concerning the title problem on the lots at Trolls -Glen. I thought you might want this for your files. It is good to have this matter cleared up your interpretation of the Declaration of and Restrictions that were placed on the in 1962. Sincerely yours, rHE P1 'MTOM COMPANY D iel J. Herbst President kb Enc. and I thank you for Covenants, Conditions property by Waldo Bunger CITY OF CHANHASSEN SECOND AMENDMENT TROLLS -GLEN DEVELOPMENT CONTRACT IT IS HERESY AGREED this day of , 1976, by and between the City of Chanhassen, a Minnesota municipal corporation, hereinafter referred to as the City, and John D. Peterjohn and Verna A. Peterjohn, hereinafter referred to as the Developers, that that certain Trolls -Glen Development Contract dated September 4, 1975, as heretofore amended, is hereby further amended in the following particulars: 1. Paragraph 4 of said contract is hereby amended to read as follows: 4. Schedule of Work. The Developers further agrec they shall commence work hereunder on or before Octol 1, 1975, and shall have all work done and all imrpove• ments fully completed to the satisfaction of the City or before December 15, 1976, provided, however, that the final wearing course of the asphalt shall be full completed to the satisfaction of the City on or befor July 15, 1977. The Developers shall submit a written schedule Indic the proposed progress schedule and order of completi of work covered by this contract, which schedule she be a part of this contract. Upon receipt of writter, notice from the Developers of the existence of cause over:, which the Developers have no control which wil delay the completion of the work, the City, in its discretion, may extend the date hereinafter specifi_ec for completion. 2. Paragraph 9 of said contract is hereby amended to rea4 as follows: 9. Performance Escrow Dei:,osit. For the purpose of assuring to the City that the improvements to be by thi Developers constructed, installed and furnished as set forth in Paragraph 1 hereof, shall be constructed and installed according to the terms of this agreement and that the Developers shall pay all claims for work done and materials and supplies furnished for the performa of this agreement, Developers agree to placein�escrov the City the sum of (hereinafter referred to as the Escrow Deposit). S Escrow Deposit shall be established and administer accordance with the following terms: a) Said Escrow Deposit shall be established forthwith . in the Wayzata Bank and Txust Company of Minnetonka, Minnesota, in an unrestricted account in the name of the City as owner of said deposit. The account passbook or other indicia of ownership thereof shall be delivered forthwith to the City and shall remain in the custody of the City during the term of this agreement, and no withdrawals therefrom shall be permitted except upon written authority of the City Council duly executed on its behalf by the Mayor and Clerk. b) Any earnings, benefit, interest or increase accruing on said account shall be the property of the Developers, but shall be deposited in said account and shall be subject to the terms of this agreement. c) The Developers may withdraw sums from said Escrow Deposit for the purpose of making progress payments to contractors, subcontractors, material suppliers and workmen for work done and materials actually placed in said improvements. Said withdrawals may be made only upon the written authority of the City Council in each instance and only upon receipt by the City Council of a certificate by the City Engineers setting forth the actual value of work done and materials placed in said improvements. The amount of such withdrawals shall be limited to 900 of the actual work done and materials placed in sai- improvements. Withdrawals hereunder may be made b5- the Developers not more than once each month. Authority for the making of said withdrawals shall not be considered in any way an acceptance of any of the work or installation by the City. d) The final balance of said Escrow Deposit shall b returned to the Developers within 12 months aft( compliance by the Developers of their obligatio install said improvements in accordance with tP agreement and written acceptance of said impro ments by the City as having been satisfactoriJ installed. e) In the event of the failure of the Developer, construct said improvements in accordance wi agreement, the City, if it so elects, and a.' days' written notice to the Developers, may any of said improvements to be constructed utilize said Escrow Deposit to defray the -2- which the City may incur in the construction thereof. In the event the Escrow Deposit is insufficient to cover the cost of said construc- tion, the City may assess the remaining cost as a special assessment against the lands within the plat. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year above written. By CITY OF CHANHASSEN Mayor Attest: Clerk -Administrator John D. Peterjohn Verna A. Peter STATE OF MINNESOTA ) SS COUNTY OF CARVER ) On this day of , 1976, before me, a notary public within and for said County, personally appeared Al Klingelhutz and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and Clerk -Administrator of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council and said Al Klingelhutz and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ) SS COUNTY OF On this day of 1976, before me, a notary public within and for said County, personally appeared John D. Peterjohn and Verna A. Peterjohn, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. AFFIRMATION WAYZATA BANK AND TRUST COMPANY of Minnetonka, Minnesota, named as depository in the foregoing agreement, hereby agrees to act in said capacity under the terms of said agreement. WAYZATA BANK & TRUST COMPANY By Its Dated this day of , 1976 W CITY OF CHANHASSEN SECOND AMENDMENT TROLLS -GLEN DEVELOPMENT CONTRACT zt IT IS HEREBY AGREED this 21st day of June =, 1976, by and between the City of Chanhassen, a Minnesota munici- pal corporation, hereinafter referred to as the City, and John D. .Peterjohn and Verna A. Peterjohn, hereinafter referred to as the Developers, that that certain Trolls -Glen Development Contract dated September 4, 1975, as heretofore amended, is hereby further amended in the following particulars: 1. Paragraph 4 of said contract is hereby amended to read as follows: 4. Schedule of Work. ' The Developers further agree that they shall commence work hereunder on or before October 1, 1975, and shall have all work done and all improvements. fully completed to the satisfaction of the City on or before December 15, 1976, provided, however, that the final. wearing course of the bituminous roadways shall be fully completed to the satisfaction of the City on or before June 15, 1977. The Developers shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developers of the existence of causes over which the ;developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinafter specified for completion. 2. Paragraph 9 of said contract is hereby amended to read as follows: 9. Performance Bond. For the purpose of assuring. to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed; and_ furnished according to the terms of this Agreement, _ 7,M� and that the developers shall pay all claims for work 'do ne and materials and supplies furnished for the performance._''..= of this Agreement, Developers agree to furnish to the City a cash deposit in the amount of $49,500.00, or in. lieu thereof a corporate surety bond in said amount -1- approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit which shall cover the period from the date hereof to August 15, 1977, inclusive, and which shall be approved by the City, said deposit, bond, or letter of credit, as the case may be, being conditioned upon the performance by the Developers of their obligations hereunder, said sum being equal to 1100 of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers, and as set forth in. the report of said engineers to the City Council dated June 17 , 1976, which report is incorporated Herein by reference and made a part of this agreement IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year above written. CITY OF CHANHASSEN IM Attest AI John D. Peterjohh Verna A.' Peterjohn MPM CITY OF CHANHASSEN TROLLS -GLEN DEVELOPMENT CONTRACT THE AGREEMENT, Made and entered into this day of n, 19; by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the City, and JOHN D. PETERJOHN and VERNA A. PETERJOHN, hereinafter referred to as the Developers, WITNESSETH: WHEREAS, the Developers are the fee owners of certain lands described as Outlots 1 and 2, Cedar Crest, Carver County, Minnesota, and situated in the City of Chanhassen, and WHEREAS, the Developers have made application -under the City Subdivision Ordinance for City Council approval of single family.resi- dential development preliminary plat of a portion of said.lands, said plat to contain approximately 5.5 acres, divided into 11 lots and 2 outlots, and to be known as Trolls -Glen, First Addition; a copy of said proposed plat as prepared by Egan, Field & Nowak, Inc., surveyors, dated June 30, 1975, being attached hereto as Exhibit "A" and hereafter referred to as "plat", and WHEREAS, the City Council by has approved said preliminary plat, Developers enter into this agreement, its resolution possed July 7, 1975, subject to and on condition that the and WHEREAS, the City has established a policy requiring land de- velopers to furnish surfaced streets, curbs, gutters, boulevard sodding, driveways, storm and surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and under- ground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements, and WHEREAS, the Developers have made application to the City to be allowed at Developers'expense to construct, install and perform all work and furnish all materials in connection with the installation of the following improvements: M b. C. d. e. f. Street grading, stabilizing, and bituminous. surfacing Concrete curbs and gutters Sanitary sewer mains Water mains Storm and surface Street signs water drainage g. Boulevard sodding - - h. Driveway surfacing i. Underground utility lines j. Street lighting NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat, of Trolls -Glen, First Addition, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing b. Concrete curbs and gutters C. Sanitary sewer mains d. Water mains e. Storm and surface water drainage f. Street signs g. Boulevard sodding h. Driveway surfacing i. Underground utility lines j. Street -lighting 2. Standards- of. Construction. Developers agree that all of the foregoing improvements shall equal or exceed standards, shall be con- structed. and installed in accordance with engineering plans and speci- fications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall he subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such re- jected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of the Developers. -2- 4. Schedule of Work. The Developers further agree that they shall commence work hereunder on or before _�jL �, , 19 75� _, and shall have all work done and improvements fully com lIV to the satisfaction and approval of the City. on or before �- _, 19_J_� The Developers shall -submit a written schedule indicating the proposed progress schedule and order of completion. of workcovered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developers of the existence of causes over which the Developers have no control -which will delay the completion of the work, the City, in its discretion, may extend the date hereinafter specified for completion. 5. Roads; Sanitary Sewer, Water, and Storm Sewer Facilities. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the install- ation of roads, sanitary sewer, water and storm sewer facilities in said plat, said plans and specifications to be in substantial accord with proposed plans thereof prepared by Egan, Field & Nowak, and filed with the City on Ze- ,� '° , 19 The general layout of said improvements being shown on plan dated June 30, 1975, hereto attached as Exhibit "B". All plans and. specifications shall be subject to the final approval of the City engineers. 44 b. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. Developers, at their expense, shall acquire all ease- ments from abutting property owners necessary tothe installation Hof the sanitary sewer, storm sewer, and water facilities within 'the plat, and thereafter promptly assign said easements to the �} City. 6. Reimbursement of Costs. The Developers shall reimburse the City for all costs, including reasonable engineering, legal,planning and administrative expenses, incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereof by the Developers. 7. Disclaimer by Citv. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers, the Developers' contractors or sub -contractors, materialmen, laborers or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or =Z * a • (\`yam- ; ,7 ... character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developers will save the City,.the City Council, and the agents and employees of the City harmless from any and all claims, -damages, demands, actions or causes of action arising therefrom and the costs, disbursements and expenses of defending the same. 8. Written Change Orders. The Developers shall do no work nor furnish materials not covered by the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developers without such written order first being given shall be at its own risk, cost and expense, and Developers hereby agree that without such written order Developers will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Developers constructed, installed and furnished as setforth in Paragraph 1 hereof shall be constructed, in- stalled and furnished according `to the terms 'of . this agreement;- and that the Developers shall pay all claims for work _done"_and materials and supplies furnished for the performance of this agreement, Developers agree to furnish to the City a cash deposit in the amount of $47,300.00, or in lieu thereof a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the.City,�said deposit, bond, or letter of credit, as the case may be, being conditioned upon the performance by the Developers of -their obligations hereunder., said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers, and as setforth in the report of said engineers to the City Council dated June 23, 1975, which report is in- corporated herein by reference and made a part of this agreement. 10. Boulevards and Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, the following improve- ments for the benefit of each lot within the plat: a. Boulevard sod, which shall be of uniformly good quality; b. Driveway surfacing, the materials and installation of which shall be approved by the City engineers. For the purpose of assuring to. the City that the improvements re- quired by this Paragraph.10 shall .be constructed and installed according to the requirements of this agreement,'Developers or their assigns agree to deposit the sum of $1)1d �s per lot with the City at the .time application is made for a building permit for -each lot. Said deposit shall be.returned to the Developers or their assigns upon approval of the installations by the City. -4- 11. Erosion Control. Developers, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots.'. Developers shall keep all streets within'.the plat free of all dirt and debris resulting from construction therein by the Developers or their agents. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City DL/. months after the completion of installation of the street lighting system, or after of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement. All work and materials performed and furnished hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City shall be replaced by Developers at Developers' sole expense. 15. Liability Insurance. The Developers shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developers' work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $ j!✓ ,L�€�ti.[i� for one person and $ 60 6W 00 for each accident; limits for property damage shall be not less than ,Etp,.&0 for each accident. The City shall be named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Convevance of Improvements. Upon completion of the install- ation by Developers of the improvements setforth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the developers fail to so convey said improvements, the same shall become the property of the City without. further notice or action on the part of either party hereto, other than acceptance by the City. 26 18. Building Permits. The Developers covenant and agree that no building permits shall be requested, and the City .'shall not be re- quired to issue any building permits for construction'in the said plat until the Developers have completed the installationof the improvements- setforth in Paragraph-1 hereof to the. City' specifications, and that - issuance of any building permit or permits to -the Developers prior to the acceptance of said improvements shall not constitute a waiver by the City of its rights hereunder to require completion"of said improvements before issuance of additional building permits. Breach of any terms of the within agreement by the Developers shall -be grounds for denial'of building.permits within the plat. .19. Construction by City. The Developers agree that the City, at the option of the City, can install and construct any work or im .provements required herein to be made by the Developers.. In the event the City makes any such improvements under its power to make local im- provements and specially assess the cost thereof, wholly or in part, under Minnesota Statutes Chapter 429, the Developers agree to pay the entire amount of the assessment roll pertaining to any such local im- provement within thirty (30) days after its adoption. Developers agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developers' real property within said plat for any amount so unpaid, and the City shall have the right .to foreclose said lien in the manner prescribed for'the'foreclosure of mechanics liens under the laws of the State of Minnesota.. 20. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and-.1 Developers or their assigns prior'to issuance of building permits, subject to the following standards and conditions: (i) Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. (ii) In the event agreement cannot be reached between. the City Staff and Developers or their assigns, the City shall have the right, at the expense of the Developers or their assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation consultant, and others, to advise as to specific problems. (iii) The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal after consultations with the City Forester. b. Developers acknowledge receipt of. the Site Plan Review. report of January 3, 1975,.-by United States Department of Agriculture Soil Conservation Service and accompanying map, incorporated herein by reference and made a part hereof, and agrees to provide for individual site drainage and soil erosion and sedimentation control consistent with said reports. c. Developers acknowledge receipt of the reports of the City Zoning Administrator, Engineer, Planner and Attorney, which are incorporated herein by reference and made a part hereof, and. agree. to comply with the conditions of said. reports consistent with the provisions of the within contract. d. Developers acknowledge receipt of the report of Schoell & Madson, Inc., City Engineers, dated June 23, 1975, relating to existing sanitary sewer and water laterals and services avail- able to serve the plat, and agrees to be bound by the determination of the City regarding any redistribution of existing assessments, the imposition of future assessments for proposed lots abutting the laterals, and payment therefor. e. Side and rear lot utility easements on all lots shall be shown on the final plat. f. A perpetual storm sewer easement, 25 feet in width, eaten ing northerly from 77th Street along and centered on the rear lot line of proposed Lots 2 and 3 of Block 2, and the side lot line of Outlot A of said plat, shall be granted to the City. g. Developers shall grant to the City a perpetual storm sewer and surface water drainage easement, including ponding and water storage, over, under and across Outlot A of said plat. Any structures, dams or pipes which, in the opinion of the City, are necessary for the utilization of said easement shall be. erected at the expense of the Developers, or their assigns. h. Outlot B of said plat shall be reserved for the sole use of property owners within the plat in gaining pedestrian access to Lake Minnewashta. Developers shall organize.a homeowners association in the form of a non-profit corporation, and said Outlot B shall be conveyed to and managed by said association. The articles of incorporation and by-laws of the association shall be approved by the City Attorney. For purposes of this agreement, said Outlot B shall be classed as non -dedicated open space under the Chanhassen Zoning Ordinance to which the pro- visions of Section 21.03 thereof shall apply. - 7- i. All proposed covenants and restrictions for said plat shall be approved by the City Attorney. b. j. The western terminus of 77th Street shall be established with a natural visual barrier of plantings which will screenthe terminus on a year-round basis. 21. Remedies Upon Default. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within j0 days after receipt by the Developers of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, in- cluding all reasonable engineering, legal and administrative expense incurred by the City, to be assessed as a special assessment against the benefited property in. the manner provided by law. In addition to the foregoing, the City may also institute legal action against the Developers and the corporate surety on their performance bond, if any, or utilize any cash deposit made hereunder, or draw upon any letters of credit filed hereunder, to collect, .pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 22. Address of Developers. The address of the Developers for purposes of this development contract is: 16237 The Strand, Minnetonka, Minnesota 55343. 23. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. 6/John D. Peterjohr� Verna A. 13eterfohn CITY OF CHANHASSEN EWA At a,. a STATE OF MINNESOTA•) ) ss. COUNTY OF CARVER ) On this day off, 19%� : before me a notary Public. within and for said County, personally appeared Al Klingelhutz and: Barry Brooks to me personally known, who, being each by me duly sworn they did say that they are.respectively the Mayor and Clerk -Administrator - of the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council and said Al Klingelhutz and Barry Brooks acknowledged said instrument to be the free act and deed of said corporation. Y-4A,�,�UAAAAAA"A-AAAAAAAAAA 4 KAY KLINGELHUTZ NOTARY PUBLIC - MiNNESOTA CARVER COUNTY IC = *r7 'Ile 'yC=missionExpireshn.3Q,193. Otary Pub11C County, Minnesota My commission expires-o-J STATE OF MINNESOTA ) s s . COUNTY OF EAWOEW) On this, day of ,> , 19 75 , before me, a notary public within and for said County, personally appeared John D. Peterjohn and Verna A. Peterjohn, tome known to be the persons described in,•and°'who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Subscribed and sworn to before f+ba this... ,:...dayof.•:19 Notary Pub11c.. J,f -�, .y �, �. County, Mi ` e$ota DONaLu o'NHIfL My commission expires v` i+'akapy Vuviic, Hennepin County, m;,i-. ffiy Camrnission EXPirea Oct. S, 1977 CITY OF CHANHASSEN AMENDMENT TROLLS -GLEN DEVELOPMENT CONTRACT It is hereby agreed this day of , 1975, by and between the City of Chanhassen, a Minnesota municipal corporation, hereinafter referred to as the City, and John D. Peterjohn. and Verna A. Peterjohn, hereinafter referred to as the Developers, that the certain Trolls -Glen Development Contract, dated 1975, entered into between the above named parties hereby is amended in the following particulars: 1. Paragraph 4 of said contract is hereby amended to read as follows: 4. Schedule of Work. The Developers further agree that they shall commence work hereunder on or before October 1, 1975, and shall have all work done and improvements fully completed to the satisfaction and approval of the City on or before July 31, 1976, provided, however, that if prior to July 31, 1976, the Developers shall obtain an extension of the Letter of Credit referred to in Paragraph 9 hereof to December 31, 1976, in an amount satisfactory to the City, that Developer shall have until December 31, 1976, to have all work done and improvements fully completed. The Developers shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered. by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinafter specified for completion. 2. Paragraph 18 of said contract is hereby amended to add the following para- graph: It is understood by the Developer and the City that certain improvements such as final road surfacing, boulevard sodding, and curb and gutters will be a mutual benefit if installed after the final surfacing so that. adequate, settling and contraction from frost will have taken place. It is not the intent of the City to withhold building permits pending the completion of the final' surfacing , boulevard sodding, and curb and gutters as long as adequate public access in the judgment of the City is properly maintained on the streets. - 1 - IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed on the day and year first above written. J T D. PETERj N CITY OF CHANHASSEN 21�tiM-t, a �- -- Atte VERNA A. PETERj HN -2- If' - i CITY OF CHANHASSEN TROLLS -GLEN SECOND ADDITION DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into this 31st day of May, 1978, by and between the CITY OF CHANHASSEN, a municipal corpo- ration, hereinafter referred to as the City, and JOHN D. PETERJOHN and VERNA A. PETERJOHN, hereinafter referred to as the Developers; WITNESSETH: WHEREAS, the Developers are the fee owners of certain lands described as Outlots 1 and 2, Cedar Crest, and Part of the Southeast Quarter of Section 7, Township 116, Range 23 lying Easterly of the centerline of County Road No. 15, Carver County, Minnesota, and situated in the City of Chanhassen; and WHEREAS, the Developers have made application under the City Subdivision Ordinance for City Council approval of single-family residential development preliminary plan of a portion of said lands, said plat to contain approximately four (4) acres, divided into nine (9) lots in three (3) blocks, and to be known as Trolls -Glen Second Addition; a copy of said proposed plat as prepared by Egan, Field & Nowak, Inc., surveyors, dated June 30, 1975, being attached hereto as Exhibit "A" and hereafter referred to as "plat"; and WHEREAS, the City Council by its resolution passed July 7, 1975, has approved said preliminary plat, subject to and on condition that the Developers enter into this agreement; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, curbs, gutters, boulevard sodding, driveways, storm and surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and underground electric and telephone service lines to all lots in plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developers have made application to the City to be allowed at Developers' expense to construct,•install and perform all work and furnish all materials in connection with the installation of the following improvements: a. Street grading, stabilizing, and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d. Water mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding; h. Driveway surfacing; i. Underground utility lines; j. Street lighting NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of Trolls -Glen Second Addition, the City and the Developers agree as follows: 1. Improvements by Developers. Developers agree at their expense to construct, install and per orm all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing; b. Surmountable concrete curbs and gutters; C. Sanitary sewer mains; d . I -later mains; e. Storm and surface water drainage; f. Street signs; g. Boulevard sodding; 11. Driveway surfacing; i. Underground utility lines; j. Street lighting. 2. Standards of Construction. Developers agree that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connec- tion therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developers. 4. Schedule of Mork. The Developers shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Developers of the existence of causes over which the Developers have no control which will delay the completion of the work, the City, in its discretion, may extend the dates hereinafter specified for completion. It is understood and agreed that the work shall be performed in two phases, as follows: a. Phase I: Installation of all improvements in I -lest 77th Street to County Road 15 by September 30, 1978, including street, sanitary sewer, water, concrete curb and gutters and storm sewer, except that the final street wearing course shall be completed by June 30, 1979. b. Phase II: Installation of all improvements in cul-de- sac extending southerly from [-lest 77th Street by August 31, 19799 including street, sanitary sewer, water, concrete curb and gutter and storm sewer, except that the final street wearing course shall be completed by December 15, 1979. 5. Roads, Sanitary Sewer, Water, and Storm Sewer Facilities. a. Plans and Specifications. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of roads, curb, gutter, sanitary sewer, water and storm sewer facilities in said plat, said plans and specifications to be in substantial accord with the proposed plans thereof prepared by Egan, Field 9 Nowak, Inc., and filed with the City on /�-b,/ 7 , 1972_. All plans and specifications shall be subject to the final approval of the City Engineers. b. As -Built Plan. Upon completion of construction, Developers shall cause their engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. C. Easements. Developers, at their expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 6. Reimbursement of Costs. The Developers shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within agreement and the performance thereof by the Developers. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developers, the Developers' contractors or sub -contractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that the Developers will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 8. 11ritten Change Orders. The Developers shall do no work nor furnish materials not covered Fy the plans and specifications for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developers without such written order first being given shall be at their own risk, cost and expense, and Developers hereby agree that without such written order, Developers will make no claim for compensation for work or materials so done or furnished. =0 9. Performance Bond. For the purpose of assuring to the City that the improvements to be by the Developers constructed, installed and furnished as set forth in Paragraph 4 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Developers shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Developers agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amounts, which are equal to 110 percent of the total cost of the improvements of each phase of work as estimated by Schoell & Madson, Inc., the City Engineers, as follows: PHASE I $70,200 PHASE II $32,700 10. Boulevards and Driveways. The Developers agree to furnish, construct and install, at Developers' sole expense, the following improvements for the benefit of each lot within the plat: a. Boulevard sod, which shall be of uniformly good quality. b. Driveway surfacing within the public street right-of-way, the materials and installation of which shall be approved by the City Engineers. For the purpose of assuring to the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of this agreement, Developers or their assigns agree to deposit the sum of $300.00 per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Developers or their assigns upon approval of the installations by the City. 11. Erosion Control. Developers, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots. Developers shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developers, their agents or assignees. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences in the plat until the streets are accepted by the City. 13. Street Lihtingr. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City 211 months after the completion of installation of the street lighting system, or after 750 of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement. All work and materials performed and furnished hereunder by the Developers, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developers at Developers' sole expense. 15. Liability Insurance. The Developers shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developers' work or the work of its subcontractors, or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than *100,000 for one person and *300,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as co-insured on said policy and the Developers shall file a copy of the insurance coverage with the City. 16. I -later and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements. Upon completion of the instal- lation by Developers of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Developers shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the developers fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for residential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until the bituminous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. 19. Remedies Unon Default. a. Assessments. In the event the Developers shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developers of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, including all -5- reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under H. S. Chap. 429, in which case the Developers agree to pay the entire amount of the assessment role pertaining to any such improvement within thirty (30) days after its adoption. Developers further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developers' real property within said plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Developers and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. In the event of an emergency, as determined by the City Engineers, the notice re- quirements to the Developers shall be and hereby are waived in their entirety, and the Developers shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 20. Special Conditions. a. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Developers or their assigns prior to issuance of building permits, subject to the following standards and conditions: i. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. ii. In the event agreement cannot be reached between the City staff and Developers or their assigns, the City shall have the right, at the expense of the Developers or their assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil con- servation consultant, and others, to advise as to specific problems. iii. The certificate of occupancy for each homesite, or covenants and restrictions, may contain conditions for tree maintenance, and restrictions on tree removal, after consultations with the City Forester. b. Developers acknowledge receipt of the Site Plan Review report of January 3, 1975, by United States Department of Agriculture Soil Conservation Service and accompanying map, incorporated herein by reference and made a part hereof, and agree to provide for individual site drainage and soil erosion and sedimentation control consistent with said reports. -7- c. Developers acknowledge receipt of the reports of the City Engineer and Planner, which are incorporated herein by reference and made a part hereof, and agree to comply with the con- ditions of said reports consistent with the provisions of the within contract. d. Developers acknowledge receipt of the report of Schoell & Madson, Inc., City Engineers, dated June 23, 1975, relating to existing sanitary sewer and water laterals and services available to serve the plat, and agree to be bound by the determination of the City regarding any redistribution of existing assessments, the imposition of future assessments for proposed lots abutting the laterals, and payment therefor. e. Side and rear lot utility easements on all lots shall be shown on the final plat. f. A perpetual storm sewer easement, 25 feet in width, extending northerly from 77th Street along and centered on the rear lot line of Lot 2 and 3, Block 2, Trolls -Glen First Addition and the side lot lines of Lot 3 and Outlot A of Block 2, Trolls -Glen First Addition, shall be granted to the City. g. The Developers shall provide each lot with one boulevard tree of a specie acceptable to the City Forester and of a diameter of not less than 1-1/2". h. Outlot B of Trolls -Glen First Addition shall be reserved for the sole use of property owners within the plats of Trolls - Glen First, Second, Third and Fourth Additions in gaining pedestrian access to Lake Minnewashta. Developers shall organize a homeowners' association in the form of a non-profit corporation, and said Outlot B shall be conveyed to and managed by said association. The articles of incorpora- tion and by-laws of the association shall be approved by the City Attorney. For purposes of this agreement, said Outlot B shall be classed as non - dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of Chap. 21.03 thereof shall apply. i. Notwithstanding anything herein contained to the contrary, Developers shall commence no work hereunder until preliminary plat approval has been granted Developers by the City of Victoria for Developers' proposed Trolls -Glen Third Addition. Said Third Addition preliminary plat shall include an extension of West 77th Street from its terminus at the Chanhassen -Victoria boundary westerly to Carver County Road No. 15, and said extension of West 77th Street in said Third Addition shall be constructed to Chanhassen street construction standards. A certified copy of a resolution by the City of Victoria approving said Third Addition preliminary plat shall be filed by Developers with the City of Chanhassen. j. All proposed covenants and restrictions for said plat shall be approved by the City Attorney. 21. Address of Developers. The address of the Developers for purposes of this Development Contract is: 16237 The Strand, Minnetonka, Minnesota 55343. -8- 22. Successors and Assigns. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN 67ITNESS MIEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. . �- D. Peterjohn STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) CITY OF Mayor Attest: THAS SEN Clerk/Manager On this 31st day of May , 1978, before me, a notary public within and Tor —said County, personally appeared Walter Hobbs and Don Ashworth , to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council and said Walter Hobbs and Don Ashworth acknowledged said instrument to be the free act and deed of said corporation. 7 STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Xotal y Pu-blic m : XAAkk"A- g iiAY IiLiiVue k2J`tZ � �s% �'•. °,IOTAkY PUBLIC • p„1'NNESOTA s t'.-0 CARVER COUi'd rY A Cam_Mission [x; fires tan. 30, 198' Viaeit1C�J�if°� �Mr� vv'9�wCC^tl On this 31st day of May , 1978, before me, a notary public, within and'for said County, personally appeared John D. Peterjohn and Verna A. Peterjohn, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. KAY K!11H'ELHUf JOTARY PUBLIC • MINNESOTA CAWER COUNTY C --i .s,cn Ex;,ires Jan.'10, 19S- XiCYiRi`r'°tT ram;#t"r,'"'.,'IaVfv'vmuvrvn?eJa . TROLLS-GLEI1 2nd and 3rd Additions Schedule of Improvements Hay 1, 1978 to June 15, 1978: Rough grade June 15, 1978 to July 31, 1978: Sanitary sewer August 1, 1978 to September 1, 1978: September 1, 1978 to September 30, 1978: June 30, 1979: Water laterals Storm sewer Gravel base Gas Electric Telephone Concrete gutters Asphalt base coat Final wearing course RESOLUTION NO. 78-12 A RESOLUTION GRANTING THE CITY OF CHANHASSEN AUTHORIZATION TO CONSTRUCT THE PHASE I IMPROVE- MENTS.IN VICTORIA FOR TROLLS -GLEN, THIRD ADDITION IN THE EVENT OF DEFAULT. WHEREAS, the City of Victoria adopted Resolution No. 77-20 on August 18, 197➢ granting approval of the preliminary plat of Trolls -Glen 3rd Addition; and WHEREAS, Resolution No. 77-20 resolves, further a developer`s agreement must state the road, West 77th Street, be completed to the satisfaction of Victoria's City Enginner with no delay in applying blacktopping;-and WHEREAS, the Victoria City Engineer has reviewed and recommended approval of the plans and specifications for Trolls -Glen Third Addition subject to minor revisions as of April 14, 1978; and WHEREAS, the Victoria City Council approves the City Engineer's recommendation for improvements. THEREFORE, BE IT RESOLVED That the City of Victoria hereby grants approval to the City of Chanhassen to negotiate a Development Contract with developer Verna A. and John D. Peterjohn to construct the Phase I improvements in Victoria in the event of default. Adopted this 18th day of May, 1978 by the City of Victoria Council. ATTEST: 1 i, UILy ridiuier u /Z,// Daniel Vo k, Mayor ARTICLES OF INCORPORATION OF TROLLS -GLEN HOMEOWNER'S ASSOCIATION We, the undersigned, for the purpose of forming a corporation under and pursuant to the provisions of Chapter 317, Minnesota Statutes, known as the Minnesota Non -Profit Corporation Act, do hereby associate ourselves together.as a body corporation and do adopt the following Articles of Incorporation: ADMTrT.F T Name The name of this corporation shall be "Trolls -Glen Homeowner's Association." ARTICLE II Purposes and Powers The purpose of this corporation shall be to promote the health, safety, and welfare of residents within the following described -property: Trolls -Glen, according to the plat thereof on file and of record in the office of the Register of Deeds'in and for the County of Carver, State of Minnesota (hereinafter referred to as Tolls -Glen). For the purposes aforesaid, the corporation shall have the following powers: (a) To operate and function exclusively as a non-profit corporation, with the rights, powers and )rivileges /__ 11 117-ig permitted by Chapter 317 of the Minnesota Statutes; (b) To own, acquire, build, operate and maintain recreation parks, playgrounds, open spaces, beaches, commons, footways, including buildings, structures, personal properties incident thereto, hereinafter referred to as "The Common Area;" (c) To provide garbage and trash collection, and maintenance with respect to the Common Area; (d) To supplement municipal services with respect to the Common Area; (e) To errect and maintain buildings and other structures or improvements in The Common Area and to acquire, install, maintain, improve and otherwise deal with shrubs, plants, vines, flowers, trees and all other things horticultural and arboreal in such Common Area; (f) To acquire, own, hold, maintain, improve, lease, grant and obtain easements, sell, mortgage and otherwise deal with real and personal property in such Common Area; (g) To fix assessments or charges to be levied against Trolls -Glen; (h). To enforce any and all covenants, restrictions, and agreements applicable to Trolls -Glen; (i) To pay all real estate taxes and assessments, if any, on The Common Area; 1 -2- (j) To engage in any activities and business in The Common Area which can be appropriately and legally carried on therein for the recreational, educational and civic advantage and the general benefit of the owners and homes in Trolls -Glen; (k) To promulgate and enforce reasonable rules and regula- tions with respect to the use, preservation, maintenance and improvement of the Common Area; (1) To be each and every thing necessary, suitable or proper for the accomplishment of any of the purposes or the attainment of any one or more of the objects herein enumerated, or which shall at any time appear conducive to or expedient for the protection or bene- fit of the corporation. - The foregoing enumeration of powers is made in furtherance, and not in limitation, of the powers conferred upon this corporation by law, and is not intended, by the mention of any particular power to limit or restrict. any lawful power to which this cor- poration may be otherwise entitled. ARTICLE III No Pecuniary Gain to Members This corporation shall not afford a pecuniary gain, incidentally or otherwise, to its members. -3- ARTICLE IV Duration The period of duration of corporate existence of this corporation shall be perpetual. ARTICLE V Registered Office The location of the registered office of this corporation in this state is 300 Roanoke Building, Minneapolis, Minnesota 55402. is: ARTICLE VI Incorporators The name and address of each incorporator of this corporation Joseph D. Bolton Edwin C. Carpenter John P. James 300 Roanoke Building Minneapolis, Minnesota 55402 300 Roanoke Building Minneapolis, Minnesota 55462 300 Roanoke Building Minneapolis, Minnesota 55402 ARTICLE VII Board of Directors The initial Board of Directors shall consist of three (3) directors, each of whom shall continue in office until the first meeting of the members and until his successor is elected and qualified. The names and addresses of the first Board of Directors are as follows: -4- John Daniel Peterjohn 16237 The Strand Minnetonka, Minnesota Verna Arlene Peterjohn 16237 The Strand Minnetonka, Minnesota Russell M. Bennett 300 Roanoke Building Minneapolis, Minnesota 55402 ARTICLE VIII Personal Liability of Members The members of this corporation shall not be liable for corporate obligations except as provided for and authorized under the recorded covenants and restrictions applicable to Trolls -Glen. ARTICLE IX Capital Stock This Corporation shall have no capital stock. IN WITNESS WHEREOF, we have hereunto executed these Articles of Incorporation this day of- , 1975. In Presence Of: JOSEPH D. BOLTON EDWIN C. CARPENTER JOHN P. JAMES _5- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 1975, before me, a Notary Public within and for said County, personally appeared JOSEPH D. BOLTON, EDWIN C. CARPENTER and JOHN P. JAMES, to me known to be the persons described in and who.executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public, Hennepin County, Minn. My Commission Expires: THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty & Anderson 300 Roanoke Building Minneapolis, Minnesota 55402 an Date City of Chanhassen Trolls Glen Additions Box 147 Chanhassen, Minnesota 55317 Re: John D. Peterjohn and Attn: Donald W. Ashworth Verna A. Peterjohn City Manager IRREVOCABLE. LETTER OF CREDIT NO. Dear Sir: We hereby authorize you to draw on the (bank) (address) , for the account of John D. Peterjohn and Verna Arlene Peterjohn, up to the aggregate amount of (amount) available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. ". The draft must be presented to the (bank) no later than 3:00 P.M. on (date) after which time the Letter of Credit will expire and when presented must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. dated on the (bank) This Letter of Credit is aiven to secure performance by John D. Peterjohn and Verna Arlene Peterjohn of their obligations as developers under that certain development contract dated with the City of Chanhassen and relating to construction o certain public improvements required thereunder. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of the Letter of Credit that such drafts will be duly honored on due presentation to the drawee. By Yours very truly, (Bank) Its W TO WHOM IT MAY CONCERN: I reside at -316 CfPf (c Cr r e Li in the Uan ha SS en Village of Ghee4sa, and I have no objection to the proposal of Mrs. Peterjohn to reduce the setback line from 40' to 30' on property which she is developing. She has reviewed with me.the attached proposed sub- division and.I understand Outlots One (1) and Two (2), Cedar Crest, will be developed and I have -no objection to her proposed 30' setback line from the street for any buildings to be erected on the properties. 0 TO WHOM IT MAY CONCERN: I reside at �° in the CkApt hGssen Village of r-haskia, and I have no objection to the proposal of Mrs. Peterjohn to reduce the setback line from 40' to 30' on property which she is developing. She has reviewed with me the attached proposed sub- division and I understand Outlots One (1) and Two (2), Cedar Crest, will be developed and I have no objection to her proposed 30' setback line from the street for any buildings to be erected on the properties. ... li"ej �fj. 14,A-- - ti TO WHOM IT MAY CONCERN: a� A r;�' �r �ti n ao Q f� in the I reside at > C-4haakra, and I have no objection to 'the proposal Village of ��, 7 P P of Mrs. Peterjohn to reduce the setback line from 40' to 30' on property which she is developing. She has reviewed with me the attached proposed sub- division and.I understand Outlots One (1).and Two (2), Cedar Crest, will be developed and I have no objection to her proposed 30' setback line from the street for any buildings to be erected on the properties. I TO WHOM IT MAY CONCERN: I re/Iside at _5gC20 LL-0- �� :�, .� in the�n Village of Chaska, and I have.no objection to the proposal of Mrs. Peterjohn to reduce the setback line from 40' to 30' on property which she is developing. She has reviewed with me the attached proposed sub- division and I understand Outlots One (1) and Two (2), Cedar Crest, will be developed and I have no objection to her proposed 30' setback line from the street for any buildings to be erected on the properties. Ire A4' l 7 s TO WHOM IT MAY CONCERN: I reside at in the 6;440 H,4-3SU-X' Village of ha-i*a, and I have no objection to the proposal of Mrs. Peterjohn to reduce the setback line from 40' to 30' on property which she is developing. She has reviewed with me the attached proposed sub- division and.I understand Outlots One (1)-and Two (2), Cedar Crest, will be developed and I have no objection to her proposed 30' setback line from the street for any buildings to be erected on the properties. 145 DV CITY OF VICTORIA VICTORIA, MINNESOTA COUNTY ROAD #15 SANITARY SEWER AND WATER PROJECT #1973 . 1 IN WHOSE NAME ASSESSED SCHOOL SUBDIVISION SECTION TOWN RANG DISTRICT OR OR Florence A. Aldritt BLOCK c/o Harold H. Penke 112 2.69 A in Rt. 1 Box 750 A NF* of SFr,- 7 116 23 Excelsior, MN 55331 Sewer and Water Lateral Assessment-$11,020.00 YEAR UNPAID PRINCIPAL PRINCIPAL INTEREST TOTAL DUE 1974 $11 t 02O.O0 $ 264.92 1975 11,020.00 $734.68 19091,42 $1,826.10 1976 10,285.32 734.68 771.40 1,5o6.08 1977 9050.64 734.68 716.30 1:450098 1978 89815.96 734.68 661.20 1,30415.88 1979 8,081.28 734.68 606.10 1,340.78 1980 7046.60 734A8 551.00 1,285.68 1981 61611r92 734.68 495.90 11230.58 1982 5,877.24 734.68 440.80 1,175.48 1983 5,142.56 734.68 385.70 19120.38 1984 4,407.88 734.68 330.58 19065.26 1985 3,673•20 734•68 275.48 1*010.16 1986 21938.52 734.68 220.38 955.06 1987 2,203.84 734.68 165.28 899.96 1988 19469.16 754.68 110.14 844.86 1989 734.48 734.48 550408 789.56 AMOUNT PAID DATE City Council Kae-,:_5` ,ugust 15, 1977 DEVELOPMENT CONTRACT - TROLLS -GLEN SECOND ADDITION: Dan Kit Peterjohn were present. The following changes were 6 Phase I: Installation of all improvements in West 77th S the Chanhassen/Victoria boundary by August 31, 1978, incl (except final wearing course to be completed.by December sanitary sewer, water, concrete.curb and gutters and stoi Phase II: Installation of all improvements in cul-de-sac southerly from West 77th Street by August 31, 1979, incluc. (except final wearing course -to be.completed.by.December 1 sanitary sewer, water, concrete.curb.and gutters and storm Section 9. The.City Attorney -will redraft this section to g_ Peterjohns the option of going with a phase I -phase II which have phase II as an outlot. Section 10. Deposit for individual lots in the sum of $300.00. The City Attorney will red raft_Section.20 to -provide reasonable assurances to the City that West 77th:Street shall.be completed . Chanhassen/Victoria boundary to County Road 15 within the time fr. of phase I. Section 18 to be revised to allow building permits.in phases where utilities and streets have been:installed except for final wearing c Councilman Pearson moved.to approve the -Development Contract for Trolls -Glen Second Addition as -revised. Motion seconded -by Councilman Waritz. The following voted in favor: Mayor.Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. WATER CONNECTION - PETER FRISCH: Mr. Frisch on Murray -Hill Road, Shorewood is requesting to connect to the Chanhassen water system. Staff recommended such be done only under the -following conditions: 1. The applicant pay the unit charge as established for this area. 2. The applicant obtain a plumbing permit and have such inspected by the City of Chanhassen- 3. Street restoration be.paid by. -the applicant and -to the specifications of the City of Chanhassen or Shorewood, -whichever is more restrictive. 4. That the -applicant aqrees to.pay bills submitted by the City of Chanhassen for monthly service. 5. The total cost of construction of thelateral service shall be paid by the applicant.. 6. That the .City of Shorewood agrees_to.the proposed connection and that the applicantfurnishes proof.of.such approval by the City of Shorewood together with any.conditions they may -set. 7. That the applicant agree to the above conditions in writing. Staff requested authorization to explore the -feasibility of establishing a reciprocal joint powers agreement with Shorewood for utility services' such as the one presented. Councilman Neveaux moved to.approve the waterconnection request for Peter Frisch -and that .an agreement be..negotiated with him and the City encompassing the seven.conditions of the Manager's letter of August 1977. Motion.seconded by Councilman Geving.. The following voted favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and 6.7aritz. .ngative votes. Motion carried. RusISELL H. LARsox ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ December 10, 1976 Mr. Donald W. Ashworth City .Manager Box 147 Chanhassen, Minnesota 55317 Mr. Bruce Pankonin City Planner Box 147 Chanhassen, Minnesota 55317 Gentlemen: AREA CODE 612 TELEPHONE 335-9565 Re: Trolls Glen First Addition Please note the attached correspondence which I received from Attorney John W. Thiel concerning the questions I raised in my letter of November 30, 1976, relating to action brought by the Peterjohns to remove certain covenants and restrictions relating to Trolls Glen First Addition. I believe that Mr. Thiel's letter clarifies the questions raised by me, and that there is no necessity: for Chanhassen to make a formal appearance i!,_ t C: litigation. Very -tr, ly , ours, RUSSELL H. LARSON Chanhassen City Attorney RHL:mep En.c l . ftc_s Cn N Cyqlvif op �,gQ�� ' Mt�►N.sFj�� 'ti-'3 GRAY, PLANT, MOOTY & ANDERSON HAROLD G. CANT (1887-1973) LAW OFFICES HENRY W. HAVERSTOCK(RETIRED) FRANKLIN D. GRAY FRANK W. PLANTI JR. 300 ROANOKE BUILDING JOHN W.MOOTY KENNETH M. ANDERSION MINNEAPOLIS, MINNESOTA 55402 MELVIN R. MOOTY RUSSELL M. BENNETT TELEPHONE (612) 339-9501 CLINTON A. SCHROEDER EDWARD J. CALLAHAN,JR. ROBERT L.HELLAND DAMES S. SIMONSON December 8 1976 LAPR R. HENNEMAN % RIC - L ".FLINT M C.AE_ P. SULLIVAN CURLS ^. FORSLUNO RICHAR= .. BOWMAN BP.;CE L. OQU551NG C.S�EVEN W'ILSON J O- w S. C R O U C H CPA B-.%CLLMAR l C-. E E I N E- T EDWIN C. CARPENTER LINDLEY S. BRANSON JOHN W. THIEL NOEL P. MULLER JEFFREY R. BROOKE DANIEL R. SHULMAN MICHAEL R. CUNNINGHAM ANDREW C.SELOEN RICHARD A. MOORE,JR. JAMES R, LANDE STEPHEN J. SNYDER JEFFREY J, KEYES FREDERICK J. GERHART WILLIAM L. KILLION KRISTEN C. NELSON JOHN P. JAMES ELIZABETH W. NORTON JOHN D, MCSHANE W. T O D D H A G G A R T BRIAN L.BOYSEN OF COUNSEL ALF L. BERG ERUD EDWARD J. CALLIHAN, 5R. Mr. Russell H. Larson Attorney at Law 1900 First National Bank Building Minneapolis, MN 55402 Re: Peterjohn et. al. vs. City of Chahassen et. al. Dear Mr. Larson: In response to your letter of November 30, 1976 and confirming our telephone conversation regarding the same, it is not the intent of the Complaint in the above -referenced action that authority to improve Outlots A and B of Trolls -Glenn First Addition with single- family dwellings be secured and the judgment ultimately requested in the above -referenced action will not so provide. Additionally, it is not the intent of the above -referenced action to evade the applicable ordinances of the City of Chanhassen relative to subdivision and zoning. If I can be of any further information to you regarding this matter, please feel free to contact me, otherwise I will assume that, subject to the understanding set forth above, the matter may proceed as a default as to the City of Chanhassen. ly yours, Thiel JWT:cep MEMORANDUM TO: Mayor and City Council FROM: City Administrator, Don Ashworth DATE: November 15, 1976 SUBJ: Development Contract Amendment, Trolls -Glen, Delay Paving to 1977 This office is in receipt of a request from John and Kit Peterjohn to delay paving in Trolls -Glen lst Addition until the spring of 1977. In discussing this issue with our engineer and maintenance department, we find no sound reason to delay the asphaltic base., as required in the development contract. The asphalt could be installed yet this year without harm. Any settling would be covered with the final asphaltic lift as originally recommended and included in the contract. Although these points could be argued, the possibility of disrupting the gravel base or damaging exposed and unprotected concrete curbs during snow plow operations appears to outweigh minor settling considerations. This contract has already been extended once. A third amendment appears unj.ustified and denial of the request is recommended. 16237 The. Strand, Minnetonka, Minn. November 8,1976. Mr. Don Ashworth, Chanhassen Village Council, Chanhassen, Minnesota. Devr Mr. Ashworth; may we request of the council November 15,1976, a delay until the spring of 1977 of the first application,of asphalt on the roads of our development of Trolls -Glen I'st Addition. Having just completed the installation of the utilities as well as the concrete curbing, we feel the cold weather now would be detrimental to a good asphalt base. We also feel that the added time allowed would give time for furthur settling of the road bed, and th,.t the final results would be a stronger compacted road base. Thank you for your kind consideration. Sincerely, RIISSELL R. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON AREA CODE 612 CRAIG M.MERTZ November 9, 1976 TELEPHON,_ 335-9S65 Mr. Bruce Pankonin zoning Administrator Chanhassen City Hall Box 147 Chanhassen, Minnesota 55317 Re: Trolls -Glen (Peterjohn) Property Dear Bruce: Mr. Brezinsky has advised us that Mrs. Peterjohn may have some difficulty in meeting the December 15, 1976 deadline which was established in the second amendment to the Trolls -Glen develop- ment contract for completion of all improvements except for the final wearing course of the bituminous roadway surface. Needless to say, an inspection of the premises should be made on December 15, 1976. If you then discover violations of the develop- ment contract, please notify this office at once so that :steps may be taken to call in Mrs. Peterjohn's letter of credit which expires on June 15, 1977. If Mrs. Peterjohn wants an extension of time, she'should apply to the City, through.your office, for a third amendment to the. development contract. The finial draft of the second amendment to the development contract, as approved by the City Council, was forwarded to Mr. Ashworth under cover of our letter dated July 1, 1976. We assume that City staff has heretofore submitted the second amendment to the Peterjohns for their signature. Very truly yours, RUSSELL H. LARSON Craig `1. Mertz Assistant Chanhassen City Attorney C*RM: mep 7 CERTIFICATE OF INSU) AniCE ALLSTATE it iURANCE COMPANY HOME OFFICE— NORTH BROOK, ILLINOIS Name and Address of Party to Name and Address of Insured Whom this Certificate is Issued City of Chanhassen Attn: Jerry Schlenk John D. & Verna A. Peterjohn Carver County, Minnesota 55317 16237 The Strand Minnetonka, MN 55343 INSURANCE IN FORCE TYPE OF INSURANCE AND HAZARDS POLICY FORMS LIMITS OF LIABILITY POLICY NUMBER EXPIRATION DATE Workmen's Compensation _ STATUTORY* Employers' Liability STANDARD $ PER ACCIDENT (Employer's Liability only) *Applies only in following state(s): Automobile Liability Bodily Injury Each Property Damage OWNED ONLY BASIC PERSON $ ACCIDENT NON -OWNED ONLY ❑ COMPRE- $ $ HENSIVE EIHIRED ONLY GARAGE $ OCCURRENCE $ Bodily Injury and Property Damage (Single Limit) OWNED, NON -OWNED 0 $ EACH ACCIDENT AND HIRED $ EACH OCCURRENCE General Liability Bodily Injury Property Damage 0 PREMISES—O.L.&T. EACH ❑ SCHEDULE $ PERSON OPERATIONS—M.&C. EACH $ ACCIDENT $ ❑ ELEVATOR EACH I COMPRE- $ 300,000_ OCCURRENCE $ 100,000 48 473 123 GA 10/24/76 HENSIVE AGGREG. PROD. ❑ PRODUCTS/ $ COMP. OPTNS. $ COMPLETED OPERATIONS AGGREGATE PROTECTIVE(inde- FISPECIAL OPERATIONS $ pendent Contractors) MULTI -PERIL AGGREGATE Endorsed to cover PROTECTIVE $ contract between insured and AGGREGATE CONTRACTUAL $ Bodily Injury and Property Damage (Single Limit) $ EACH ACCIDENT $ EACH OCCURRENCE dated $ AGGREGATE The policies identified above by number are in force on the date indicated below. With respect to a number entered under policy number, the type of insurance shown at its left is in force, but only with respect to such of the hazards, and under such policy forms, for which an "X" is entered, subject, however, to all the terms of the policy having reference thereto. The limits of liability for such insurance are only as shown above. This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the coverage afforded by the policy or policies numbered in this Certificate. In the event of reduction of coverage or cancellation of said policies, the Allstate Insurance Company will make all reasonable effort to send notice of such reduction or cancellation to the certificate holder at the address shown above, but the Allstate Insurance Company assumes no responsibility for any mistake, or for failure to give such notice. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Date • % 19— by Q _ Authorized Representative Uasa-15 ( 11-7S) i ,jp-UTIOv c, 1776-1976 CITY OF r, FA I BASS rim 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 553170(612) 474-8885 August 2, 1976 TO WHOM IT MAY CONCERN: Since sewer and water are under construction and are scheduled to be completed within three (3) to four (4) weeks for the First Addition of Trolls -Glen, the City of Chanhassen will issue a building permit for Lot 4, Block 1, Trolls -Glen First Addition. Sewer is presently available to this lot. Gerald W. Sc lenk -- Building Inspector GWS:k I tB(_7r ik & ; r t ��rti{->;ji w k_)y ti Ic? �n oter:� of k/11u a it !(.-A�kc�, `•J' (Ii.7Gtca. fJljr-j[ (:.5r�t�.� `,.�:�<�� (" / I ') / July 2, 1976 City of Chanhassen RE: John D. Peterjohn Subdivision Box 147 of Ced-ar _Crest Out1_ots 1 & 2 Chanhassen, Minnesota 55317 Attn: Don Ashworth, Admin. IRREVOCABLE LETTER OF CREDIT NO. 157 Dear Sir: We hereby authorize you to draw on the Wayzata Bank and Trust Company, 417 East Lake Street, Wayzata, Minnesota, for the account of John D. Peterjohn and Verna Arlene Peterjohn, up to the aggregate amount of FORTY NINE THOUSAND FIVE HUNDRED AND N01100 ($49,500.00) DOLLARS, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 157". The draft must be presented to the Wayzata Bank and Trust Company no later than 3:00 P.M. on August 15, 1977, after which time the Letter of Credit will expire and when presented must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. 157, dated July 2, 1976 on the Wayzata Bank and Trust Company of Wayzata, Minnesota". This Letter of Credit is given to secure performance by John D. Peterjohn and Verna Arlene Peterjohn to implement road and sewer improvements on Outlot No. 1, Cedar Crest Addition, City of Chanhassen, County of Carver. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored on due presentation to the drawee. Yours truly, f �J Ro)icrt B. /Frick. P t'esident RBF: j f RUSSELL H. LARSON CRAIG M. MERTZ RusSELL H. LARsON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 July 1, 1976 Mr. Donald W. Ashworth City Administrator Box 147 Chanhassen, Minnesota 55317 Dear Don: AREA CODE 612 TELEPHONE 335-9565 Re: Amendment of Trolls -Glen Development Contract Attached please find the original and two copies of proposed Second Amendment to the above contract, to provide for the letter of credit security arrangement. Please note that the letter of credit is to cover the period from the date of execution of the Amendment to June 15, 1977, inclusive. Also note that the date of the engineer's report covering t,�,500.00 amount should be inserted. / RUSSELL H. LARSON RHL:mep Encls. - 7X- Wayzata Bank & Trust Company by the waters of Minnetonka. !A/ayzata, Minnesota 55391, 612 4i 3 / 8855 July 2, 1976 City of Chanhassen Box 147 Chanhassen, Minnesota 55317 Attn: Don Ashworth, Admin. Dear Sir: RE: John D. Peterjohn Subdivision of Cedar Crest Outlots 1 & 2 IRREVOCABLE LETTER OF CREDIT NO. 157 We hereby authorize you to draw on the Wayzata Bank and Trust Company, 417 East Lake Street, Wayzata, Minnesota, for the account of John D. Peterjohn and Verna Arlene Peterjohn, up to the aggregate amount of FORTY NINE THOUSAND FIVE HUNDRED AND N0/100 ($49,500.00) DOLLARS, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 157". The draft must be presented to the Wayzata Bank and Trust Company no later than 3:00 P-M. on August 15, 1977, after which time the Letter of Credit will expire and when presented must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. 157, dated July 2, 1976 on the Wayzata Bank and Trust Company of Wayzata, Minnesota". This Letter of Credit is given to secure performance by John D. Peterjohn and Verna Arlene Peterjohn to implement road and sewer improvements on Outlot No. 1, Cedar Crest Addition, City of Chanhassen, County of Carver. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored on due presentation to the drawee. Yours truly, Ro ett B. Frick P esident RBF:jf �OuUTION B 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885 June 28, 1976 Mr. Bill Brersinky Schoell and Madson 50 Ninth Ave. South Hopkins, MN 55343 Dear Bill: Pursuant to our telephone conversation of today, enclosed please find a copy of the proposed Trolls -Glen Development Agreement Amendment. As stated, we may be meeting with Mrs. Peterjohn and Dan Herbst, tomorrow, June 29, 1976, in which case the enclosed copy will be of little use. Should our meeting be later this week, both parties may appreciate the extra time to review the agreement. Sincer yours, 1 1 /• j i l/•7.JCr..e-� Don Ashworth City Administrator DA:k cc: Mrs. J.D. Peterjohn Mr. Dan Herbst Mr. Russell Larson RUs6ELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ June 24 1976 BY MESSENGER Mr. Donald W. Ashworth City Administrator City of Chanhassen, Box 147 Chanhassen, Minnesota 55317 Dear Mr. Ashworth: • i(,vL N AREA CEDE 612 'Je TELEPHON__56 E��3359565 33�3�5--99565 jpk . _1 Re- Trolls -Glen J. D. Peterjohn JUN 197$ Enclosed you will find our proposed amendment to the Trolls -Glen Development Contract. Hopefully, you will find that the document incorporates all of the elements of the Council's action of June 21, 1976. If you find the document to be in order, please obtain all of the necessary signatures, including that of an officer of the Wayzata Bank. If you are unable to obtain all the necessary signatures and also obtain possession of the escrow money (in the form of a passbook or savings certificate in the'Cit_..•'s name alone), before July 3., 1976, it will be imperative that you present yourself and the original copy of letter of credit to an officer of the Bank. The letter of credit expires at 3:00 P.M. on July 3, 1976. We have not specified the amount of the escrow deposit in the enclosed amendment document. We leave .it to your discretion to determine the amount and to type in the amount so determined. We do wish to point out that the City is in an extremely good bargaining position, inasmuch as the City could exercise its rights on the letter of credit now and draw out the entire $47,300. Please call if you have any question. Very truly yours, RU SELL H. LARSON Craig M. Mertz CMM:mep Encl. MEMORANDUM TO: Mayor and City Council FROM: City Administrator, Don Ashworth DATE: June 21, 1976 SUBJ: Trolls -Glen lst Addition - Letter of Credit (Time Extension) In July of 1975, the city council approved the preliminary plat for Trolls -Glen First Addition consisting of 5.5 acres and divided into eleven (11) lots and two (2) outlots subject to entering into a development agreement with the city. On September 2, 1975, .a development agreement was entered into for completion of all public improvements required of the city on or before July 1, 1976. The city is. in receipt of the attached letter from Mrs. J.D. Peterjohn stating their inability to complete the public improvements prior to July 1, 1976. Mrs. Peterjohn is requesting a time extension for the agreement to September 15, 1977. She additionally is prepared to substitute the letter of credit, presently expiring on July 3, 1976, with a new letter of.credit through September of 1977. Although the original completion date of July, 1976, which was agreed to by Mrs. Peterjohn, may have been over ambitious, it is the staff's position that an extension through September of 1977 is not in conformance with the intent of the council's original approval in July of 1975. The staff would suggest that the completion date suggested by Mrs. Peterjohn be modified to have all improvements completed by December of 1976 with the final wearing course of asphalt applied by June 15, 1977. Additionally, the letter of credit should be dated through August of 1977.to insure the city has reasonable time, if the time table suggested above is not met, to contract remaining portions of the project and pay for such. Mrs. Peterjohn is also suggesting that the letter of credit be substituted with a dedicated cash escrow account which could be reduced as phases of the project were completed. This has previously been allowed by the city and the attorney has stated such would provide the city with assurances required. To accomplish this request, the agreement would require amendment to allow the city's engineer to estimate the cost of phases of the project and to allow a reduction of the cash account by an amount equal to the cost of the phase of the project completed. -n any case, suci accouni_ would retain an aidi.tional 100 of the total estimated project cost until final approval of all phases. Mayor and Council -2- June 21, 1976 It is recommend that the council approve revising the development contract for Trolls -Glen with the following conditions: 1. Mrs. Peterjohn revise the completion date schedule, as shown in her letter of June 8, 1976, to reflect all improvements completed by December 15, 1976; except, the final wearing course of asphalt shall be completed by June 15, 1977. 2. The cash deposit account or letter of credit be extended through August 15, 1977. 3. That the cash account or letter of credit furnished by the developer be set at an amount equal to $53,240.00; such amount being allowed to be reduced by an amount estimated by the city's consulting engineer for completion for distinctive phases of the project. 4. That the cash account or letter of credit always be maintained at a level equal to the completion of remaining phases of the project plus 10% of the amount originally set for all portions of the project, i.e. 10% of $48,400. or $4,840. plus 100% of the cost of remaining phases of the project. All amounts remaining in the cash account or letter of credit shall be returned to the developer after final acceptance of the project by the city - all in accordance with the original development agreement. 5. The developer shall approve a revised agreement and establish the cash account for letter of credit, in accordance with the conditions listed above, prior to July 3, 1976. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (6121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 June 17, 1976 City of Chanhassen c/o Mr. Don Ashworth, Administrator P. O. Box 147 Chanhassen, MN 55317 Subject: J. D. Peterjohn, Trolls -Glen Subdivision. Gentlemen: Reference is made to the City Attorney's letter of June 16, 1976, regarding the Development Contract for the subject project. We estimate the cost of the work remaining on the subject project to be $48,400 including an estimated 21% for engineering, staking and inspection, legal andadministrative costs. Accord- ing to Ordinance, the letter of credit or cash deposit must cover 110% of this amount or $53,240. The owner is asking that provision be made for reduction of the amount escrowed as the project is completed and inspected. This was done on the Laredo Lane project and if done, we recommend that reduction be limited to 90% of the work completed until final acceptance of the project. The Developer proposes installation of sanitary sewer, watermain, storm sewer and gravel base by September 1, 1976, and concrete curb and gutter, bituminous surfacing and street lighting by September 15, 1977. It has been past City policy to complete all work with exception of the final wearing course the first year of construction, and we recommend this practice be continued. Very truly yours, SCHOELL /&�MAPSON, INC. [�IJBrezinsky:sjr " y cc: Mr. Russell Larson, Attorney Mrs. J. D. Peterjohn 16327 The Strand Minnetonka, MN 55343 RusSELL H. LARsox ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ June 16, 1976 Mr. Donald W. Ashworth City Administrator 7610 Laredo Drive Chanhassen, MN 55317 Re: Trolls -Glen First Addition Development Contract Dear Don, AREA CODE 612 TELEPHONE 335-9565 Pursuant to your request, I have reviewed the letter of June 8, 1976 from Mrs. Kit Peterjohn concerning her request for an extension of time within which to complete the improvements which are required under the Trolls -Glen development contract of September 2, 1975. As you know, the development contract was secured by a letter of credit which expires July 3, 1976. Mrs. Peterj ohn now requests an extension of time to September 15, 1977, which is an additional 15-month period for the performance of her obligations under the contract. Our concern in this matter should be that the performance of these obligations are adequately secured either by a letter of credit or a cash escrow, either of which can provide for reductions as improvements are completed, inspected by the city engineers, and accepted by the city. I believe it is important that we immediately receive from the city engineers a new estimate of the cost of the improvements covered by the contract and that the letter of credit or cash escrow be in the amount of 110% of that estimated cost. I further believe that any letter of credit or cash deposit should extend for a period of months beyond the. -completion of the work to afford the city some protection in the event that unforeseen defects in the work come to light after the completion. JUNj976 c4 REC�I'[VED OF io OiANHASSEN, 7` MINN.. Mr. Donald W. Ashworth Page 2 June 16, 1976 As noted above, the existing letter of credit expires July 3, 1976. Therefore, it is incumbent that a new letter of credit or cash deposit be at hand prior to the expiration date of the existing security if the council decides to grant an extension of completion date. Should this not take place, the only security the city would have to insure completion of the work would be to draw on the existing letter of credit for 110% of the estimated cost of the work yet to be completed. I am sending a copy of this letter to the City Planner and to the City Engineers so that they may be alerted to the problem. Very truly yours, C 1� RUSSELL H. LARSON Chanhassen City Attorney RHL: m cc: -Bruce Pankonin, City Planner William Brezinsky, City Engineer RII6SELL $. LARSOW ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ June 16, 1976 Mr. Donald W. Ashworth Chanhassen City Administrator 7610 Laredo Drive Chanhassen, Minnesota 55317 Re: Trolls-Glen/Peterjohn Dear Don, AREA CODE 612 TELEPHONE 335-S565 Reference is made to the attached letter from Mr. Robert B. Frick, President of Wayzata Bank & Trust Company, concerning the letter of credit security for performance of the Peterjohn Trolls -Glen subdivision improvements. As you will recall, the new work schedule proposed in this matter extends to September 1, 1977. Mr. Frick,suggests that perhaps a savings certificate assigned or pledged to the city be utilized for this purpose. We have used this technique in the past, and have attached herewith an excerpt of a development contract with H & K outlining the details of such an arrangement. Please note that the H & K contract provided that withdrawals could be made from the escrow deposit to pay for 90% of the work as it was performed, with 10% held back for 12 months after installation as insurance for satisfactory work. I suggest that this arrangement be considered in the Peterjohn Trolls -Glen matter. Ve t ly you , RUSSELL H. I -ARSON RHL:m Chanhassen City Attorney Attachments cc: Mr. and Mrs. Peterjohn Mr. Robert B . Frick 17I t� Mr. Bruce Pankonin , City Planner Mr. William J. Brezinsky, City Engineer JUN1976 ,') RECEIVED .a MOM f,, Cf';; wo��i June 8, 1976 Mr. Donald Aschworth City Administrator City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mr. Aschworth: On July 7, 1975, the City Council of Chanhassen approved the preliminary plat for the Trolls -Glen 1st Addition consisting of 5.5 acres and divided into 11 lots and 2 outlots subject to entering into a Development Agreement with the City. On September 2, 1975, a Development Agreement was entered into, a copy of which is attached for your review. Paragraph 4 of this Agreement provides for the completion of all work to the satisfaction of the City on or before July 1, 1976. To assist us in completing this development we employed the firm of Westwood Planning and Engineering Company. During the fall and winter of 1975 we were unable to receive satisfactory bids to initiate construction on this subdivision. Further, I was unable to consummate enough sales to financially justify commencing this development. We are now in a position, as a result of receiving satisfactory bids and consummating lot sales, to complete at the below schedule the required public improvements: Improvement Grading Sanitary Sewer Water Main Storm Sewer Gravel Base Concrete Curb 5 Gutter Bituminous Surfacing Street__ Lighting .- \ 1 RECEIVED y� VILLAGE OF, '`ak � V Contractor Robert Nyen Kusske Construction Kusske Construction Kusske Construction Kusske Construction Open Open Open Completion Date June 15, 1976 August 15, 1976 August 15, 1976 August 15, 1976 September 1, 1976 September 1, 1977 September 1, 1977 September 15, 1977 Mr. Donald Aschworth Page Two June 8, 1976 It is our intention at this time to comply in total with the Development Agreement referenced above and ask for the City Council to amend this Agreement to allow for a completion schedule as indicated above. Under separate cover you will be receiving from our bank an extension to the Irrevocable Letter of Credit originally provided. We would also request that a provision be made whereby we may substitute the Letter of Credit for a cash escrow and to be able to provide for reductions in the Letter of Credit or cash escrow as improvements are completed and inspected by the Chanhassen City Engineer. It is my understanding that you anticipate placing this on the City Council agenda for June 21, 1976. I also plan to attend the meeting to answer any additional questions the City Council may have. kb Attach. Sincerely, A /i Mrs. J. D. Peterjohn MAYOR I--,' COUNCIL":1E+4 j—_-- COUNCILMEN COUNC!Lr"EN —_ C� UNC4!-..."N' R •=N S. SST. Z CLUB:. „''; se 'FSi'"SP . PUB. VVK. UTILITY SUi-T. ,aw 6Do9/Qcs-c �/ Jo/'Iw o-/r� YOtwr MInI ESOTA DEPARTMENT OF HEALTH Division of Environmental Health Information Relative to Plan Examination The examination of plans and specifications for water supply and sewerage systems (Regulation 11HD 136(a)), plumbing systems (Regulation I-ED 139(a)(1)), and swimming pools (Regulation 111D 14i(c)) , is made to provide information concerning the sanitary features of projects presented for consideration in accordance with the above regulations of the State Board of Health. The approval of such plans is given upon the supposition that the survey and other data on which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the design of structural features and the efficiency of equipment must be taken by the engineer or architect who designs the project. Water supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this Department. Plans of sewage disposal systems considered by this Department are limited to those systems that can utilize soil absorption. They are examined with regard to the features of design which concern location, construction, operation and maintenance of the system and which may affect the public health. The examination is based upon information contained in the bulletins entitled, "Tentative Standards for Design of Small Sewage Works," July 1962, and the recommended "Ordinance and Code Regulating Individual Sewage Disposal System," 1971. Plans on plumbing systems are examined only insofar as the provisions of the Minnesota Plumbing Code apply. Swimming pool plans are examined with regard to the features of location and design which may affect the safety and sanitary quality of the water for public bathing. The examination is based upon Regulation M[fD 141, Public Swimming Pools. The State Board of Health reserves the right to withdraw its approval,of plans if construction of the project is not undertaken within a period of two years. The fact that plans have been approved by the State Board of Health does not necessarily mean that recommendations for alterations or additions may not be offered at some later time when changed conditions or advanced knowledge make improvements necessary. Wayzata Bank & MAYOR COUNCILM-EN COUNCIU'��; Trust Company by the waters of Minnetonka, Wayzata, Mk Iir� t%; 55391 61 -7 8855 June 3, 1976 -REAS. — - PUB. Viix. UTILCF` So.'. City of Chanhassen City Administrator Box 147 Chanhassen, Minnesota 55317 Subject: Proposed J. D. Peterjohn Subdivision of Cedar Crest - Outlots 1 and 2 Dear Mr. Brooks: The Wayzata Bank and Trust Company issued a Letter of Credit No. 146 in the amount of $47,300.00 to the City of Chanhassen. This letter of credit was provided to help our good customers, John D. and Verna A. Peterjohn to develop Cedar Crest in the City of Chanhassen. Today Mrs. Peterjohn requested I write a letter to you regarding the extension of this letter of credit for another three months. The present letter of credit expires July 3, 1976. The Wayzata Bank and Trust Company would be happy to write another letter of credit for a period of three to six months or even a year if the Peterjohn's would request this. It was also suggested that actual monies be deposited to a savings certificate and assigned or pledged to the City of Chanhassen to provide the proper backing for performance. We would be willing to extend this letter or possibly issue a certificate of deposit to cover properly. This letter of credit or savings certificate is agreeable to our bank contingent upon the Peterjohn's signing the appropriate documents to execute this new letter of credit, savings certificate or extension. I assured Mrs. Peterjohn we would be willing to assist in any way possible. However, I did request them to come in before July 3 to give us proper time to draw the papers and documents that are satisfactory to the City of Chanhassen, the Peterjohn's and the bank. Sincer y, Rob t B. Frick President RBF : j fcohAtoyA n, Ml�yN,ZeN. S� Y RUSSELL H. LARsoN ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON CRAIG M. MERTZ May 26, 1976 Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, Minnesota 55317 Re: Trolls -Glen First Addition Dear Bruce: AREA CODE 612 TELEPHONE 335-9565 In September of 1975 the City approved the Trolls -Glen Development Contract which provided under paragraph 4 for a schedule of work for the completion of the improvements required by the City. The performance of the contract was guaranteed by the Wayzata Bank & Trust Company irrevocable letter of credit (copy attached) which provided that it was given to secure performance of the sewer and road improvements on outlot 1, Cedarcrest Addition (now Trolls -Glen). Please note that the letter of credit expires July 3, 1976. It is important at this time to determine whether the improvements covered by the letter of credit will be completed by the expiration date of July 3, 1976. If the work is not done by that date and the developers fail to obtain an extension of the letter of credit as provided by paragraph 4 of the contract, the City has the right to draw funds on the letter of credit in an amount sufficient to cover the cost of the incompleted improvements required under the contract. A copy of this letter is being sent to the City Engineers with a re- quest that the City be furnished with a written report from them covering the status of this work. It would also be helpful if you were to in- vestigate the progress of the work and furnish the City with your written report well in advance of July 3, 1976. MAY 1976 � N� ViL,L.AGil; OF e,^� GHANHASSer, c Mr. Bruce Pankonin Page two Very truly y-bjjrs, May 26, 1976 RUSSELL H. LARSON CHANHASSEN CITY ATTORNEY RHL:sh Attachment cc: Mr. Don Ashworth M/M J. D. Peterjohn William J. Brezinsky minnesota department of health 717 s.e. delaware st. minneapolis 55440 April 1, 1976 r City Council c/o Barry Brooks, Clerk -Administrator City Hall 7610 Laredo Drive Chanhassen, Minnesota 55317 Gentlemen: We are enclosing a copy of our report covering an examination of plans and specifications on watermains for your city. A copy of the identified plans and specifications is also enclosed. If you have any questions in regard to the information contained in this report, please write us. Yours very truly, J Frederick F. Heisel, Director Division of Environmental Health Enclosure cc: Westwood Planning and Engineering APR1975 RECEIVED VILLAGE OF, CHANHASSEN; MINIM an equal opportunity employer �@ WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 September 29, 1975 City of Chanhassen c/o Mr. Barry Brooks, Administrator P. 0. Box 147 Chanhassen, MN 55317 Subject: Trolls -Glen Subdivision Assessments Gentlemen: With approval of the final plat for Trolls -Glen Sub- division, $11,445.00 in deferred lateral sewer and water assessments must be placed against the property. Added to the $3,669.00 previously assessed', this results in a total lateral assessment of $15,114.00. There are no other de- ferred assessments on the subject property. The Developer has requested the assessments be placed on the property as outlined in the attached letter to ,Ms. Klingelhutz. if approved by the Council, the assessment spread would be as follows: LOT', BLOCK TROLLS -GLEN SUBDIVISION LATERAL SEWER Lot 1, Block 1 $2,537.00 LATERAL WATER TOTAL $1,132.00 $3,669.00 Lot 2, Block 1 Future Trunk Assessment Only Lot 3, Block 1 $2,537.00* $1,132.00* Lot 4, Block 1 $3,888.00 $0,000.00 Lot 1, Block 2 Future Trunk Assessment Only Lot 2, Block 2 Future Trunk Assessment Only Lot 3, Block 2 Future Trunk Assessment Only Lot 4, Block 2 $3,888.00 $3,669.00* $3,888.00 $0,000.00 $3,888.00 Lot 1, Block 3 Future Trunk Assessment Only Lot 2, Block 3 Future Trunk Assessment Only *ASSESSED IN 1973 Seven percent interest for each year, subsequent to 1973 (the date of the original assessment), must be added to the previously deferred assessments, (i.e. Lot 1, Block 1, Lot 4, Block 1, & Lot 4, Block 2). in addition to the lateral charges, a trunk availability charge of $700.00, plus interest, will become due on each lot when a building permit is taken out. Very truly yours, SCHOELL & MADSON, INC. W-/. 4 WJBrezinsky:sjr enclosure cc: Mr. Russell Larson, Attorney City of Chanhassen U '�4Pv' ,. SPECIFICATIONS FOR SANITARY SEWER AND WATERMAIN FOR TROLLS -GLEN MiNNESOT Division o DEPARTMENT of This is to Envir"mar . �4LTh of the codify +hat tl Host, plan rsf ie a du *Orks improvernen� deto ro��° watsr I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Francis D. Hagen, -Sr. .Dat`� Minnesota Registration No. 6641 WESTWOOD PLANNING & ENGINEERING COMPANY 7415 Wayzata Boulevard Minneapolis, MN 55496 RECEIVED t,AAR&'Nfb M 0�. SPECIAL CONDITIONS for Utility Construction for OTrolls -Glen I. SCOPE OF CONTRACT The work to be done under this contract shall include the furnishing of all materials, labor, tools and equipment necessary to successful completion of construction of the sanitary sewer and watermain facilities as described in the Plans and Specifications herein. e The Contractor shall excavate all kinds of material encountered; protect, repair, relocate, maintain, and restore all subsurface, surface and overhead structures directly or indirectly disturbed, injured or affected by his oper- ations; backfill and compact excavations; and furnish all other appurtenant items and services necessary for successful completion of the project. Minor -appurtenances not specifically listed as a bid item, but which are necessary to complete the project, as shown on the Plans, in a satisfactory manner shall be considered incidental items and no direct Compensation will be made therefore. II. COMPLETION DATE AND LIQUIDATED DAMAGES All work shall be completed within 30 days from the date of letting of contract. The Owner has established this schedule according to his schedule for home construction. If completion of homes is delayed due to the noncompletion of the utilities, the damages incurred by the owner which shall be deducted from the final payment as liquidated damages shall be $50.00 per day. III. OWNER AND ENGINEER The Owner for this Project shall be John D. Peterjohn and the Engineer shall be Westwood Planning and Engineering Company. IV.' STAKING AND INSPECTION Staking will be provided by the Owner through Westwood Planning and Engineering Company. The Contractor shall notify the Owner at least three days in advance of his need of staking. If for any reason other than Engineer's error, it becomes necessary to restake portions of the project which have been previously staked, the cost of said restaking shall be deducted from the final payment due the Contractor. The Engineer will not be required to stake at any one time less line and grade than the Contractor can construct in a period of three days. Inspection will be performed by Schoell & Madson Engineers for the City of Chanhassen. oV. CONDITION OF THE PROJECT SITE The streets within the project have been graded to approximate subgrade elevation by the Owner. The Contractor shall use extreme caution and care to do as little damage as possible to the area and to protect all trees. ` The Contractor will be required to return all construction areas to their original grades and to replace all topsoil disturbed by his operations, at his own expense, to the satisfaction of the Owner. VI. FAMILIARTY WITH THE SITE, PLANS AND SPECIFICATIONS Bidders•are expected to thoroughly familiarize themselves with the site, plans and specifications. The bidders shall visit the site, take their own measurements, And familiarize themselves fully as to the extent of the work, facilities, and difficulties in connection therewith. No con- sideration shall be given for extra work due to the Contractors failure to acquire vital information necessary for the intelligent preparation of this proposal. In the event any item of the plans and specifications is not clearly understood by the bidder, he shall request clarification from the Engineer prior to submitting this bid. It shall be the Contractor's responsibility to determine subsoil and water table conditions prior to bidding this project. Subsoil or water table data, which may be furnished by the Engineer are information only, and such data shall not be construed as a firm basis for submitting a bid. Submission of a bid proposal shall be considered prima facia evidence that the bidder has thoroughly familiarized himself with the conditions to be encountered and the character, quality and quantities of work to be performed and the materials to be furnished and requirements to the Contract Documents. VII. ORDER OF CONSTRUCTION The Owner through his Engineer, shall reserve the right to designate an order in which construction is to proceed to coincide with his development schedule. CONTRACTOR'S SUPERVISION The Contractor's organization shall provide a foreman or superintendent on the job at the job site at all times. The person or persons shall have knowledge of the work in progress, of the plans, of the specifications, and shall have the authority to make decisions regarding the ensuing operation. IX. CHANGE ORDERS Any changes in the work for any reason must be approved in writing by the Engineer. Upon such order it will be the responsibility of the Contractor r-, to obtain said written approval before proceeding with the changed portion of the work. X. PAYMENT VOUCHERS A final payment voucher shall be issued by the Engineer within 71 calendar days after the acceptable completion of the work. XI. DETAIL PLATES Detail plates attached to these specifications are hereby made a part of the SPECIAL CONDITIONS, thereby taking precedence over the General Conditions of this contract. XII. SANITARY SEWER LATERALS AND SERVICES Sanitary sewer laterals shall be either ABSP or PVC. All services shall be 6" diameter P.V.C. or extra heavy C.I.S.P. Services shall extend to the location shown on the plans and the plugged end shall be marked with a• 4" x 4" x 6' wooden stake extending above grade and painted orange. XIII. SANITARY SEWER TESTS Prior to final acceptance of each section of the sewer line, the contractor shall flush a ball, the full diameter of the sewer through the line. An exfiltration test may be required on the sanitary sewer line constructed on the project. The leakage allowance will be the same as specified for J infiltration which shall be a maximum of 100 gallons per inch of pipe diameter per mile of pipe per 94 hours for any section of pipe. XIV. WATERMAIN All watermain installed under this contract shall be Cast Iron Pipe or Ductile Iron Pipe conforming to the Technical Provisions for Watermain Construction included in this contract. The class of pipe shall be modified as follows: 6 inch Cast Iron Pipe class 24 6 inch Ductile Iron Pipe class 6 Fittings for ductile iron pipe shall comply with ANSI-A21.10. Fittings 12" and smaller shall be class 250; 16" and larger, class 150. XV. WATER SERVICES • All services shall be 11° copper and shall conform to Section 2.11 of the Technical Provisions for Watermain Construction. 1" Corporation stops shall be used on this project. Curb boxes shall be furnished with stationary rods. Corporation stops shall be Mueller H-15000 or Ford F600. Curb stops shall be Mueller H-15154, Ford B22-444M or McDonald 6104N. Curb boxes shall be 8 foot Mueller H10300 with stationary rod, 8 foot Ford EM2-80-57 with stationary rod. All valve boxes or Curb stops shall be marked with a 6 foot steel post extending 9 feet above grade and shall also be marked at the end of the service pipe with a 4" x 4" wooden stake 6 feet long and extending 2 feet above grace and painted orange. XVI. GATE VALVES AND BOXES All gate valves shall be Mueller A2380-22 or equal with 0-ring construction opening counter clockwise as described in Section 2.5 of the Technical Provisions for Watermain Construction. Gate valve boxes shall be Clow-F2495F, three piece or equal, and shall conform to Section 2.6 of the Technical Provisions for Watermain Construction. Contractor shall furnish to the City of Chanhassen, free of charge, one valve wrench per 25 valves installed of suitable length to operate any valves furnished in the contract. These wrenches are to be delivered directly to the City by the manufacturer of the valve. XVII. HYDRANTS All fire hydrants shall be Waterous Pacer with standard nozzle caps and chains with breakoff flange and shall have a 6 inch mechanical joint inlet. Hose connections shall be 2-�" diameter and there shall be one 4-�" diameter Q steamer connection, all with National Standard threads in accordance with Section 2.7 of the Technical Provisions for Watermain Construction. Hydrants shall be marked with Hydrant Marker Posts as shown in the Detail Sheets. Contractor shall furnish free of charge on hydrant operating nut wrench per six hydrants or fraction thereof to the City of Chanhassen. The Con- tractor shall also furnish one hydrant disassemble wrench to the City of Chanhassen. These wrenches shall be delivered directly to the City of Chanhassen by the manufacturer of the hydrant. XVIII. THRUST RESTRAINT Concrete thrust blocks shall not be used for thrust restraint. Watermain and fitting joints shall be tied for a sufficient distance back for each plug, tee, cross or bend to allow soil friction to overcome the thrust.. The pipe supplier shall furnish data on the frictional resistance to endwise movement of his pipe embedded in earth. Restrained joints details shall be submitted to the Engineer for approval before construction. All hydrants, valves, stub end extensions, blind flanges, plugs and all things retaining water pressures must be tied as a pressure restraint. Restrained joints as required shall be incidental without additional compen- sation. Restrainer glands, restraining joints or bolts will be acceptable. X OXIX. INTERRUPTION OF EXISTING UTILITY SERVICES The Contractor shall notify the City Engineering Department, the City Water Superintendent and City Resident Engineer of any shut down of the existing utility systems. The Contractor shall be required to notify all affected customers as to the length of shut down and the time of shut down prior to cutting into or turning off any existing valves on the water main. XX. CUT IN CONNECTIONS A cut in connection shall be made on an existing 12" C.I.P. at the location shown on the plan. Payment for this cut -in connection shall be by lump sum as stated in the proposal form. This payment shall be payment in full for a labor, materials and equipment necessary to complete the cut -in connection. XXI. TESTING WATER MAIN Hydrostatic pressure tests and leakage tests shall be made on each valved section of pipe as described in these specifications and.as modified herein. The watermain shall be subjected to 150 p.s.i. pressure at the beginning of the test and shall show no decrease in pressure for 20 minutes. In addition to these tests, a test to prove the electrical conductivity through all joints shall be run after backfilling. The conductivity through the joints shall be provided by straps or by cables or by the use of conductive gaskets. The use of insertable wedges shall not be considered as sufficient to provide conduct- ivity regardless of such a test. The testing for electrical conductivity shall be made by passing 300 amperes current through the main for five minutes duration without notice variation. No tests shall be made unless the inspector is present. In addition to the Owners inspector, the Contractor shall also notify the Engineering Department of the City of Chanhassen at least twenty-four hours in advance of any testing so that they may be present during the tests. XXII. WATERMAIN FITTINGS The payment for water main fittings shall be based on casting body weight of fittings used. XXIII. FINISHING MANHOLES All manholes shall have eccentric cones. All manholes constructed under this contract in areas requiring future street construction_„ shall have the casting and ring assembly placed directly on the uppermost precast section of the manhole or otherwise placed a minimum of 0.5' below finished grade, and the number of adjustment rings required to adjust the structure to finished grade shall be delivered to the Owner and stockpiled at a location designated by the Owner. OXXIV. SANITARY SEWER CONNECTIONS This project will require the construction of a sanitary sewer connection to an existing manhole. This connection shall be made in such a manner that it is watertight. A new invert shall be installed in the existing manhole to provide a smooth interflow of sewer lines. This project will also require the construction of a new manhole on the existing sewer line. This manhole with its added sewer line shall have a base with smooth inverts which will provide for the proper interflow of sewage. In the construction of these connections to the existing sewer system, no debris will be allowed to enter the existing sewer system. XXV. STREET CONSTRUCTION After all utilities have been installed and tested, a 6 inch compacted thickness street base shall be constructed in the project area. This street base shall be constructed of MED modified Class 5 gravel. . The base shall be constructed to line and grade as staked by the engineers. Payment for the construction of the street base shall be by the square yard complete in place. XXVI. CLEANING UP Surplus pipe, materials, tools and temporary structures shall be removed by the Contractor. All dirt, rubbish and excess earth excavation shall be hauled to a dump provided by the Owner and the construction site shall be left clean to the satisfaction of the Engineer. XXVII. TRENCH COMPACTION The Contractor shall be required to compact all main line and service trenches by means of mechanical compaction in a method as approved by the Engineer. This compaction shall continue until no visable settlement occurs. The compaction under existing and future streets shall be to 90% modified Proctor Density from the pipe zone to three feet from final surface grade. The top three feet of trench shall be compacted to 95% modified Proctor Density. XXVIII. SAFETY EQUIPMENT In addition to the usual safety equipment and procedures, the Contractor shall also make available at the job site the following: 1. An air blower with a directional chute capable of delivering 1,500 c.f.m. of fresh air at sewer manholes. 2. An approved harness or rope -sling for rescue of personnel from manholes. _-1 3. An approved portable oxygen supply unit with face mask and goggles. No personnel will be allowed to enter completed sanitary sewer manholes without this equipment immediately available for use by a "top man" stationed at the manhole. All safety equipment shall remain the property of the Contractor. OXXVIV. MAINTENANCE BOND After acceptable completion of the work the Owner shall be dedicating the utilities to the City of Chanhassen for perpetual maintenance and the Contractor shall deliver to the City Engineer an acceptable one year maintenance bond in conformance with the provisions of Section 25.3 of the General Conditions. C WHITE REFLECTO Rf 7 EO LETTERS � EDGING CH RED 8ACKI NG FCANGEID CHANNEL SECTION INN- IGHT :1. /Z * PER 1=04T 6REEN ENAMEL FINISH N yoRi9N r MARKER POST IDEA I L No scALLE Lie] .q . r TOP VIEW . THE STANDARD MANHOLE INCLUDES: RINGS, CASTING 8 COVER, STEPS, PASS SLAB GASKETS & WATERPROOFING. -, ALL COMPLETE a INPLACE PAY DEPTH SHALL BE MEASURED FROM TOP TO LOWEST INVERT CONC. BASE -/ SIDE VIEW STANDARD MANHOLE SCALE 3/8"=' i' CASTING SHALL BE NEENAH R-1642 WITH TYPE �C" COVER OR EQUAL ADJUSTMENT RINGS 2 ,MIN. 5 MAX. 1 .PRECAST CONC. ECCENTRIC CONE ✓ SECTION JOINTS WITH /_0-RING GASKET cn w c Q 48" PCP \ � ' • �� ` BASIS OF PAYMENT WILL BE ON THE LINEAR FEET OF 6" L--% N� SERVICE PIPE INSTALLED AND �''• "� ��-TAMPED BACKFILL A TYPE 'A' CONNECTION ITEM . SECTION B-B ^' PROPERTY LINE - GROUND LINE 10 w VARIABLE z ..� of I 10 V ON. Sip S�wER GRAVITY MAIN SERVICE CONNECTION - TYPE 'A' ,ASIS C t= Wi-XiMENT %ViL'- UE 0?4 IHE '-:'4EfR FE17-T OF G" -ERSri C': ONISTALLED, INI:---R FIE 47-F OF 6" C.I. RI�SEIQZ AND A TYPE ITEM f-TA.M.PED SACKFILL 7 1, SECTION B-B SECT ;ON A -A 1167-� Ld 0 X C) 94 PROPERTY LN1;' 7�7 VARIABLF ol MIN. SLOPF" 1/4 PER FT A \Ii\ 6" CI EXTRA HEAVY SGIL PIPE OR P.V.C. PIPE DETAIL FX SERVICE C0NrNl'rL%-'CT10N TYPE PROPERTY LINE (L STREET I- 0 AS REQUIRED r- t 6% 6%27 SRIC} AT CUR13 COCK CORPORATION / COCK WATER MAIN , BASIS OF PAYMENT SHALL BE ON THE LINEAR FEET OF SERVICE INSTALLED ' PLUS ONE SERVICE GROUP, WHICH SHALT INCLUDE TAP, CORPORATION COCK, CURB STOP, CURB BOX AND TAPPING SADDLE IF REQUIRED WATER SERVICE DETAIL 4n , •, ' t• U_ /L or IAJ IAJ r o UTAOD Nlrl .o -,l LOC Ll C: W � W J cc N v+ a ►- J 4 10 O 'p ) LPJ i • ~ lJ W b3AO3 XVrl 9—.4 ' : • w a � `'�� '- ♦..� PPP w W ti 4 rr •�.. vJ F' .. u `" rc 0 u 4 M PROPOSAL SANITARY SEWER, WATERMAIN AT TROLLS -GLEN Proposal of Address Bids are due at the office of the Westwood Planning & Engineering Company until Gentlemen: A.M. We propose to enter into a contract with the owner to furnish and deliver all material and equipment and perform all work, except as noted in the specifications, for the construction of improvements for Sanitary Sewer, and Watermain, all according to the plans and specifications prepared by Westwood Planning & Engineering Company. Sanitary Sewer Contract Item Unit Quantity Unit Price Amount 1. 8" Sanitary Sewer 0'-8' L.F. 66 2. 8" Sanitary Sewer 8'-10' L.F. 19 3. 8" Sanitary Sewer 10'-12' L.F. 50 4. 8" Sanitary Sewer 12'-14' L.F. 196 5. 8" Sanitary Sewer 14'-16' L.F. 114 6. 8" Sanitary Sewer 16'-18' L.F. 45 7. 8" Sanitary Sewer 18'-20' L.F. 128 ' 8. 8" Sanitary Sewer 20'-22' L.F. 39 9. Break into exist manhole Ea. 1 10. Standard manhole 0'-8' Ea. 5 11. Extra manhole depth over 8' V.F. 29 12. 4" Services L.F. 288 13. 1/8 bends Ea. 5 14. WYES Ea. 5 15. 8" plug Ea. 1 Subtotal; Water Contract Item Unit Quantity Unit Price Amount 1. 6" D.I.P. - L.F. 5167 2. Hydrant w/aux valve Ea. 1 *3. Cut in 12" x 6" tee Ea. 1 4. Fittings Lbs. 150 5. 1" Cu. L.F. 364 6. Curb stop & box x Ea. 11 7. Corp. stop Ea. 11 8. 6" modified Class 5 base S.Y. 2700 Subtotal *includes tee Grand Total Sanitary Sewer and Watermain t O The undersigned bidder understands that the quantities of work as shown herein are approximate, and are subject to reasonable increase or decrease as noted in the specifications, and offers to do the work, whether the quantities are increased or decreased, at the unit price stated in the pro- ceeding schedule: These unit prices include applicable Minnesota sales tax. The undersigned bidder hereby agrees to offer this bid for a minimum of thirty days and further understands that the owner reserves the right to accept any bid during that period of time, and furthermore that the owner reserves the right to reject all bids. This is to acknowledge receipt of addendum numbered 31 Enclosed find certified check or surety bonds in the amount of $ same being at least 5% of the estimated amount of work to be done under this .contract. It is agreed that the work will be started under this contract within five (5) days after notice has been given by the owner to proceed, and will be completed by , 1975. Signed by Title Company Name Address Dated CITY OF HANBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: August 29, 1975 FROM: Bruce Pankonin, City Planner TO: Mayor and Ctiy Council SUBJ: "Trolls -Glen" Development Contract Under separate cover you received from Russ Larson the "Peterjohn Trolls -Glen Development Contract and Amendments thereto. I have reviewed said documents from the Planning Commission's perspective, and find everything in order and complete. The City Council, at this time, should sign the contract and amendment before the City fixes signatures to the Trolls -Glen Final Plat. v� WILLIAM O. SCHOELL _ CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E.DAHLIN SCHOELL SL MAOSON, INC. LARRY L. HANSON _FF RAYMOND J.JACKSON";4t A ENGINEERS AND SURVEYORS WILLIAM J. BREZINSKY JACK E. GILL } FRANK V. LASKA (6121 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 1mgust. 26, 1975 WestWood Planning & Engineering Co. 7 415 Way z.ata Boulevard Minneapolis, Minnesota, 55426 Sub.Ject: Chanhassen - T.rolls,Glen Plans and Specifications-. Gentlemen: We hereby approve the plans and specifications .or Trolls - Glen with .changes as noted on the plans and listed below. 1. The City requires :standard nozzle caps instead of rocker lug specified in Section XVTI of .the Specif J;cations, 2. Markers as described on the attached detail .sheet are required at all hydrants. 3. A. Y. McDonald curb boxes are not .a.cceptab.le .to the City of Chanhassen. 4. It is the City's policy that permanent road bases be either full -depth asphalt or a combination of asphalt base '(minimum thickness 2") and modified Class 5 gravel, 100% crushed quarry stone with a modified gradation, as follows: Sieve Size Percent Passing 211 100 95-100 - V1 60-80 1/2" 30--65 pUG #4 20--50 RECEIVED rn - viLLAGE OF y #10 15-40 GHANHASSEN, Qi MINN. tp #200 3-10 SCHOELL & MA OSON. INC. westwood Plannx;ng & En9jneering Co. August: 27, 1975 Page 2 5. utility easements between lots: 5 & ,4- and. 2 & 3 in Block 1 are =.2 Q .feet w-Lde . Please make appropriate .changee and .x'esvbzmit .for. our final approval. .wry truly yours, SCEOELL & IDSON, INC. WJBrezinsky:cv enclosures cc: City of Chanhassen SCHOELL & MAOSON, INC. 2N Qr FL-acTO R i ZE =RS EDGING _ED . BP,tK1NG JGEFID cfJANNEL SECTION GHT ,j4P-4 PER FQor .EN ENprnYL FINISH IVO SCR&C wo RusSELL H. LARSON CRAIG M. MERTZ RUSSELL H. LARSON ATTORNEY AT LAW 1000 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August 26, 1975 Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, MN 55317 Re: Trolls -Glen Contract Amendment Dear Bruce, Attached please find a copy of Joe Bolton's letter of August 23, 1975, concerning requested changes of the above development contract. TELEPHONE 335-9565 I find no objection to these changes, and I have incorporated them in the attached amendment to the contract. If the amendment is approved by the City staff, I recommend that it be signed by the Mayor and Barry Brooks. Very truly yo Russell H. Larson Chanhassen City Attorney RHL: m Encls . cc: Mr. and Mrs. J. D. Peterjohn Joseph D. Bolton, Esq. Mr. Dan Herbst All Councilmen AUG 1975 Re,F�ED Vff.tAGe pF CHANHASSEN, _ MINN. N S2 U HAROLD G. CANT (I887-1973) HENRY W. HAVERSTOCK(RETIRED) FRANKLIN D. GRAY FRANK W. PLANT, JR. JOHN W.MOOTY KENNETH M.ANOERSON MELVIN R.MOOTY RUSSELL M.BENNETT CLINTON A. SCHROEDER EDWARD J.CALLAHAN,JR. ROBERT L.HELLAND JAMES S. SIMONSON LARRY R. HENNEMAN RICHARD N, FLINT MICHAEL P. SULLIVAN CURTIS D. FORSLUND RICHARD A. BOWMAN BRUCE D. GRUSSING C.5TEVEN WILSON JOHN S. CROUCH CRAIG L.VOLLMAR GRAY, PLANT, MOOTY & AN DERSON LAW OFFICES 300 ROANOKE BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (512) 339-9501 August 23, 1975 Russell H. Larson Attorney at Law 1900 First National Bank Building Minneapolis, Minnesota 55402 Re: J. D. Peterjohn - Trolls -Glen First Addition Dear Mr. Larson: DAVID T. BENNETT EDWIN C.CARPENTER LINDLEY S. BRAN50N JOHN W. THIEL JEFFREY R. BROOKE DANIEL R. SHULMAN MIC HAEL R. CUNNINGHAM ANDREW C.SELDEN RICHARD A.Moo RE,JR. JAMES R.LANDE STEPHEN J, SNYDER JEFFREY J. KEYES FREDERICK J. GERHART WILLIAM L.KILLION MARK A. NORDENBERG KRISTEN C. NELSON JOHN P. JAMES JOSEPH D. BOLTON ELIZABETH W. NORTON OF COUNSEL ALF L. BERGERUD EDWARD J. CALLAHAN, SR. Pursuant to our discussion on August 22, 1975, and in accordance with my conversations with Mrs. Peterjohn and Dan Herbst, the following are the terms which we would like to see incorporated in the development contract. Under paragraph 4 of the Agreement, the Developer should commence work on the project on or before October 1, 1975, and have all work done and improvements fully completed to the satisfaction of the City on or before July 31, 1976, provided, however, that if prior to July 31, 1976, the Developer shall obtain an extension of the Letter of Credit to December 31, 1976, in an amount satisfactory to the City, that the Developer shall have until December 31, 1976, to have all work done and improvements fully completed. Under paragraph 18 of the Agreement the following phrase should be added: "It is understood by the Developer and the City that certain improvements such as final road surfacing, boulevard siding, and curb and gutters will be a mutual benefit if installed after the final surfacing so that adequate settling and contraction from frost will have taken place. It is not the intent of the City to withhold building permits pending the completion of the final surfacing, boulevard siding and curb and gutters as long as public access may be properly maintained on the streets". Russell H. Larson -2- August 23, 1975 The terms which you set out in your letter to me of August 20, 1975, are acceptable, except as noted above. Please let me know your comments with respect to this matter. Very truly yours, GRAY, PLANT, MOOTY & ANDERSON BY ,Joseph D. D. Bolton JDB/ss cc: Mr. and Mrs. J. D. Peterjohn Daniel Herbst RUSSELL H. LARSON CRAIG M. MERTZ RITSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August15, 1975 Mr. Bruce Pankonin City Planner Box 147 Chanhassen, Minnesota 55317 Re: Peterjohn / Trolls -Glen Dear Bruce, TEEEPuoxE 335-95G5 We have received a title opinion from Best, Flanagan, Maloney, Carroll and Olson covering Outlots 1 and 2, Cedar Crest, Carver County, which are the underlying tracts for Trolls -Glen. The opinion shows that these premises are owned in fee simple by John Daniel Peterjohn and Verna Arlene Peterjohn, husband and wife, as joint tenants. Their ownership of .this property is subject to a mortgage to Waldo H. Bunger and Dorothy L. Bunger, who will be required to sign the plat. I am satisfied that the Peterjohns have good title to these premises and that the final plat can be approved, subject to the action of the Council and execution of the development contract. By the way, what provision is being made for construction of the streets and installation of sewer and water prior to the sale of the lots in the subdivision? `/<' AUG 1975 RECEIVED VILLAGE OR CHANHASSEK MINN. RHL:m cc: Mr. and Mrs. John D. Peterjohn Joseph D. Bolton, Esq. Russell H. Larson Chanhassen City Attorney RUSSELL H. LARSON CRAIG M. MERT2 RITSSELL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August 11, 1975 Mr. Bruce Pankonin City Planner Box 147 Chanhassen, Minnesota 55317 Re: Peterjohn Trolls -Glen Development Contract Dear Bruce, TELEPHONE 335-9565 Enclosed are copies of the proposed Development Contract covering the Peterjohn Trolls -Glen First Addition. Please review the contract with Barry Brooks for its completeness, and if you find it to be so, arrange to have it approved by the City Council. I am sending copies of this letter and contract to Mr. Bolton, Attorney, for the Peterjohns, as well as copies to the Peterjohns and all the Council Members. Very trul yours, RUSSELL H. LARSON RHL:sh Enclosures 12 cc: Joseph D. Bolton (,k;jo-RECEIVE 11131 Mr. and Mrs. John D. PeterjohnUG 1975 Chanhassen City Council MembersD1 LAGE OFNHASSEN,MINN. WILLIAM D. SCHOELL I CARLISLE MADSON+L JACK T. VOSLER JAMES R. ORR t� HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 16121 938-7601 • 50 NINTH AVENUE SOUTH 4 HOPKINS, MINNESOTA 55343 August 8, 1975 City of Chanhassen c/o Mr. Barry Brooks P.O. Box 147 Chanhassen, Minnesota 55317 Subject: Trolls --Glen, Final .Plat Review Gentlemen: We have reviewed the Final Plat for -Trolls -Glen subdivision as'prepared by Egan, Field & Nowak, Inc., and find it in agree- ment with the Preliminary Flat approved by Council on July 7, 1975. Since the North Chanhassen sewer and water lateral system provides service to this subdivision, deferred lateral charges of $13,047.00 will be spread against the property as outlined in our letter of June 23, 1975. In addition, when building permits are taken out, trunk availability charges will become payable. We recommend approval of the final plat .as submitted. Very truly yours, SCHOELL & N°ADSON, INC. WJBrezinsky:cw Ow Wayzata Bank & Trust Company by the waters of Minnetonka. Wayzata, Minnesota 55391, 612 i 473 i 8855 July 25, 1975 Mr. Barry Brooks Administrator City of Chanhassen Box 147 Chanhassen, Minnesota 55317 RE: J. D. Peterjohn Subdivision of Cedar Crest Outlots 1 and 2 Dear Mr. Brooks: I am enclosing the Wayzata Bank and Trust Companyts Irrevocable Letter of Credit No. 146, according to the letter that I received from the engineers and surveyors, Schoell and Madson, Inc. If there are any questions, please give me a call. Yours very truly, R ert B. Frick re sident RBF:jf Enclosure 2�2g3uvi�I2� Pr a< lop G d""OOe' o )nk & Trust Companv by the wryters of Minnetonka. Wayzata, Minnesota 5.5391. 612 473 / 88 5 July 3, 1975 City of Chanhassen Box 147 Chanhassen, Minnesota 55317 Attn: Barry Brooks, Admin. Dear Sir: RE: John D. Peterjohn Subdivision of Cedar Crest Outlots 1 & 2 IRREVOCABLE LETTER OF CREDTT NO. 146 We hereby authorize you to draw on the Wayzata Bank and Trust Company, 417 East Lake Street, Wayzata, Minnesota, for the account of John D. Peterjohn and Verna Arlene Peterjohn, up to the aggregate amount of FORTY SEVEN THOUSAND THREE HUNDRED AND No/100 ($47, 300. 00) DOLLARS, available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. 146". The draft must be presented to the Wayzata Bank and Trust Company no later than 3:00 P. M. on July 3, 1976, after which time the Letter of Credit will expire and when presented must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. 146, dated July 3, 1975 on the Wayzata Bank and Trust Company of Wayzata, Minnesota!' This Letter of Credit is given to secure performance by John D. Peterjohn and Verna Arlene Peterjohn to implement road and sewer improvements on Outlot No. 1, Cedar Crest addition, City of Chanhassen, County of Carver. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored on due presentation to the drawee. oux� truly, ert B. Frick s ide nt RBF:jf 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVESP.O. BOX 1470CHANHASSEN, MINNESOTA 553170(612) 474-8885 MEMORANDUM DATE: July 3, 1975 TO: Mayor and City Council FROM: Bruce Pankonin, City Planner REF: J. D. Peterjohn - Troll's Glen Please include the attached with your copy of the J. D. Peterjohn Subdivision file, Exhibit 1. NE ,-1 July 2, 1975 Chanhassen City Council Chanhassen City Staff SUBJ: Preliminary Plat - Trolls -Glen 1st Addition Proposed Plat - Trolls -Glen 2nd Addition FROM: Mr. and Mrs. J. D. Peterjohn In accordance with the Subdivision Ordinance of the City of Chanhassen, Ordinance 33, dated February 17, 1969.and as amended, it is respectfully requested that preliminary plat approval be granted to the lst Addition of Trolls -Glen, This Addition consists of approximately 5-1/2 acres and contains 11 lots and 2 outlots. It is proposed that the two outlots would be owned and controlled by a homes association with the necessary easements granted to the City for utilities and drainage. The homes association would govern the control of the two outlots. The primary purpose for establishing Outlot A at this time is to provide an area for surface water drainage. O tlot n hOs b=ec: created to provide pedestrian access tc La':e '- ��.�� _; �.r,� for members of the proposed Trolls -Glen Homes Association. The proposed 2nd Addition for Trolls -Glen comprises approximately 7-1/2 acres with 16 lots planned. A proposed cul-de-sac is indicated on West 77th Street as an alternative road to serve this future plat. It is hoped that eventual access of 77th Street to County Road_ 15 could be obtained. PRELIMINARY PLAT DATA A. Proposed Name: Trolls -Glen B. Legal Description: Outlots 1 and 2, Cedar Crest C. Owner and Subdivider: Mr. and Mrs. J. D. Peterjohn 16237 The Strand. Minnetonka, Minnesota 5531+3 D. Surveyor and Designer: Eagan, Field and Nowak, Inc. 7415 Wayzata Boulevard Minneapolis, Minnesota 55426 E. Proposed Plat -• Exhibit 1 - 2 - EXISTING CONDITIONS A. Boundary Line Survey - Exhibit 1 B. Total Acreage: 13 acres total - 1st Addition 5.5 acres C. Existing Zoning: R-1 D. Existing Streets: Lone Cedar Lane, Proposed Street 77th Street E. Existing Streets, etc. - see Exhibit 1 F. Boundary Lines and Topographic Data - see Exhibit 1 G. Existing Covenants and Restrictions on file as of July 12, 1962 prepared by Waldo H. and Dorothy L. Bunger - see Exhibit 2 H. Other Data: Carver County Soil Survey on file at City office DESIGN FEATURES Layout of proposed streets, locations, lots, blocks, easements, setback requirements and drainage.- see Exhibit 3. ADDITIONAL INFORMATION A. Proposed Use - it'is intended that the proposed use be for single family d�?elli ngs only, in conformance with applicable City ordinances and existing restrictions and covenants as well as proposed restrictions and covenants. The existing covenants and restrictions require a 40 foot front yard setback and it does not appear that this will place an unreasonable burden on the utilization of the lots in the 1st Addition but could interfere with good design requirements in the 2nd Addition and a court action will be commenced to release the provisions of that restriction. B. Proposed location for necessary utilities and drainage are included on Exhibit 3. C. It is proposed that the streets will have bituminous surfacing and concrete curb and gutter in conformance with City standards. It is proposed that pending completion of the 2nd Addition, that the western terminus for 77th Street be established with a natural barrier such as sizable plantings that will be visible on a year- round basis. D. Trolls -Glen Homes Association - By-laws of Trills -Glen Homes Association is included as Exhibit 4. E. Declaration of Covenants, Conditions and Restrictions - a proposed Declaration of Covenants, Conditions and Restrictions for Trolls - Glen are included as Exhibit S. 3 r R A prime concern of existing residents on Lone Cedar Lane is the school bus loading and unloading on U. S. Highway 5. The Solden Bus Company has been contacted and stated that a request for bus service into the area would be reviewed when additional residents and students moved in. No commitment could be extended by the bus company at this time as more students would be required, as well as school board approval. They concurred that the interchange of 77th Street and Lone Cedar Lane could accomodate a bus turnaround. It is respectfully requested that the Glen 1st Addition be approved subject Chanhassen Planning Commission, City performance contracts and submission performance bond. Sincerely yours, Mr. and Mrs. J. D. Peterjohn preliminary plat for Trolls - to the recommendations of the Staff and execution of the of acceptable escrow deposit/ i WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINE.ERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 June 23, 1975 City of Chanhassen c/o Mr. Barry Brooks, Administrator Box 147 Chanhassen, Minnesota 55317 Subject: Proposed J. D. Peterjohn Subdivision of Cedar Crest - Outlots 1 and 2. Gentlemen: For the purpose of establishing the amount of the subdivision bond, we have estimated the developer's costs of installation of sanitary sewer, water - mains and streets to serve the 12 lots in the'first phase of the proposed development. We have also computed the North. Area sanitary sewer and water charges on the subdivision for your information. The total estimated cost for construction of all additional facilities (sanitary sewer, watermain, streets and concrete curb and gutter) required to serve the 12 lots is $43,000. The subdivision bond, according to ordinance, must cover 110 percent of this amount, or $47,300. The North Chanhassen system provides service to portions of this sub- division. This service includes: 1) Lateral sewer and water service to Lot 13, Block 2 and Lot 1, Block 1. 2) Lateral sewer service to Lots 2 through 5, Block 1. 3) Trunk sewer and water service to all lots. The property was originally assessed one lateral sewer unit of $3,669. This assessment should be assigned to Lot 1, Block 2. .The additional North Service Area lateral charges, in accordance with assessment criteria,would be as follows: SCHOELL & MADSON,1Nc City of Chanhassen June 23, 1975 One lateral sewer unit @ $2,537 One lateral water unit @ 1,132 Four lateral sewer units @ 1,944* Total Add interest from date of Assessment (14% in 1975) $ 2,537 1,132 7.1776 $11,445 1,602 Page 2 Total $13,047 * Reduced by road restoration cost, subdivider provides road access. This total. lateral amount could be spread over the remaining 13 years of the North Service Area bond at seven percent interest. When building permits are taken out trunk availability charges of $380.00 for water and $320.00 for sewer, plus seven percent interest for each year subsequent to 1973 will become payable. Also payable at that time is the Metropolit&n Waste Control Commission SAC charges. In 1975, the City and MCC charges due on application for building permits would be: Trunk water availability charge $ 433.20 Trunk sewer availability charge 364.80 MWCC charges 325.00 Total $1,123.00 The City availability charges will increase by seven percent of the base charges per year. The MWCC charges for 1976 and beyond have not been set. The estimated improvement costs and sewer and water charges contained herein pertain to the proposed subdivision of Outlot 1 into 12 lots only. Very truly yours, SCHOELLL & MADSON, INC. y . WJBrezinsky:bk cc: Egan, Field & Nowak, Inc. Mrs. J. D. Peterjohn \�ODUTION B 44 Q 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 147*CHANHASSEN, MINNESOTA 55317o(612) 474-8885 June 12, 1975 FROM: Bruce Pankonin, City Planner TO: Mayor and City Council SUBJ: J.D. Peterjohn Subdivision PLANNING REPORT 1. The following sequence of events occurred concerning the rezoning of Outlots 1 and 2, Cedar Crest Addition from R-lA to R-1. a. Planning Commission duly held a public hearing on March 26, 1975, per Ordinance 47, Section 24. b. Planning Commission on April 9, 1975, recommended approval of rezoning petition. C. Council on April 26, 1975, duly ordered the rezoning of the subject property from R-lA to R-1. 2. The following sequence of events occurred concerning preliminary plat of Outlots 1 and 2, Cedar Crest Addition. a. Planning Commission duly held a public hearing on March 26, 1975, per Ordinance 33. b. Planning Commission on April 9, 1975, recommended to the City Council to approve "Trolls -Glen" Subdivision with the following considerations: 1. Access road be extended to the northwest and through the City of Victoria to intersect with County Road 15. -2- 2. An earthen dam across Outlot A should be constructed by the developer, and this area should be described as a ponding area with easement granted to the to the city. In addition, lots 1, 2, 5, 6, 7, Block 2, should extend into the area shown as Outlot A. 3. A variance to road profile standards as outlined in Ordinance 33, Section 8.03, Subsection (c). As shown on the preliminary plat, "Trolls -Glen Circle" is pro- posed to have an eleven per cent (11%) grade. The Planning Commission felt the granting of this variance would be justified because of excess cut, fill and removal of mature trees would result if "standard grades" were attained. 4. City Council should consider the existing covenants as they relate to "Trolls -Glen." 5. The developer should give careful consideration to the size, location, and shape of the common access to Lake Minnewashta. C. The City Council on May 5, 1975, heard Mrs. Peterjohn's proposal to extend the access road through Victoria to County Road 15. The City Council referred this matter to City Staff until all provisions of the Zoning Ordinance and Platting Ordinance have been resolved and the Council gets a full report from the planner and City Attorney. d. On June 7, 1975, Bill Schoell filed his Memorandum as outlined in enclosure 20 of this report. I concur with Mr. Schoell's recommendation. PLANNER'S RECOMMENDATION: Approve preliminary plat, however, include the conditions as outlined in April 9, 1975, Planning Commission minutes. The street names should also correspond with Carver County street naming policy. The Building Inspector suggested the following changes: 1. "Thor's Road" be named Lone Cedar Lane. 2. Eastern Cul-de-sac named Lone Cedar Circle North. 3. Western Cul-de-sac named Lone Cedar Circle South. OLUTION e,C Q 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE•P.O. BOX 1479CHANHASSEN, MINNESOTA 55317-(612) 474-8885 June 12, 1975 MEMORANDUM FROM: Bruce Pankonin, City Planner TO: Mayor and City Council SUBJ: J.D. Peterjohn Subdivision The following enclosures are included within Exhibit #1, J.D. Peterjohn Subdivision File: Enclosures: 1. Community location Graphic. 2. Proposed Preliminary Plat. 3. City Planner's Report dated January 3, 1975. 4. Soil Conservation Service Report dated January 3, 1975. 5. City Engineer's report dated January 3, 1975. 6. Planning Commission minutes dated January 8, 1975. 7. City Planner's Report dated February 24, 1975. 8. City Engineer's report dated February 26, 1975. 9. Affidavit of Public Hearing. 10. Planning Commission minutes dated February 26, 1975. 11. Park and Recreation Commission minutes dated March 3, 1975. 12. City Planner's report dated March 24, 1975. 13. Public Hearing minutes dated March 26, 1975. 14. Planning Commission minutes dated March 261 1975. 15. Planning Commission minutes dated April 9, 1975. 16. Planning Commission minutes dated April 23, 1975. 17. City Council minutes dated April 26, 1975. 18. City Council minutes dated May 5, 1975. 19. Petition from residents on Lone Cedar Circle dated May 3, 1975. 20. City Engineer's memorandum dated June 7, 1975. 21. City Planner's report dated J ne 12, 1975. WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAR:31_D E. DAHLIN LA!48Y L. HANSON RAYMOND J. JACKSON 'WiLLIAN1 J. BREZINSKY JACK E.6ILL FRANK V.LASKA i i .4 :� --- SCHOELL & MADSON, INC. ENGINEERS AN❑ SURVEYORS (6123 s38-7601 • 50 NINTH AVENUE SOUTH HOPKINS, MINNESOTA 55343 ,Tune %, 1975 Mr.'Barry Brooks, Administrator P. 0.. Box 147 Chanhassen, Minnesota 55317' Subject: Trolls -Glen Proposed Plat Dear Barry: A lairs. Peterj.ohn has reported that her negotiations with Messrs. Panke and Cohen., holders of interest in the former Aldritt property west of this proposed plat, and lying in Victoria, have stalled with no appar- ent possible commitment to sell her sufficient land to extend her Thor's Road street right-of-way westward to intersect County Road-15. In the light of this, I have recommended that she alter the pro posed plat to include a temporary cul-de'-sac near the west boundary of the plat, ut with the possibility that this street may be extended to County Road 15 at such future time as the Victoria land owners accept such.arrangement. l`-agree with a minor change she has requested in moving the line between 'proposed Lots 1 and 2, Block 1, slightly northward to give eight more feet lake frontage to Lot 1 and two more feet along the road. In all other respects, I recommend your approval of the proposed :plat dated "Revised: May 1st, 1975," with the additional changes noted above. Very truly yours, SCHOELL & MADSON, INC. WDSchoell:sd G/ cc: Messrs. Bruce Pankonin and Russell Larson � poi« u• -'b _. STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS CISTRICT NO. 5 2055 NO. LILAC DRIVE MINNEAPOLIS, MINN. may 7, 1975 Mr. William D. Schoell City Engineer City of Chanhassen Box 147 Chanhassen, Minnesota 55317 In Reply Refer To: 315 C.S. 1002 (TH 5) Proposed Plat - Trolls Glen Located on North Side of TH 5 Between CSAH 15 and Lone Cedar Drive Chanhassen, Carver County Dear Mr. Schoell: We are in receipt of the above referenced preliminary plat for our review in accordance with Minnesota Statutes 505.06 and 505.03 - Plats and Surveys. We find the proposed plat acceptable for further development with consider- ation of the following comments: 1. Inplace drainage patterns must be maintained. If possible, no water should be allowed to flow over the highway backslope. 2. Lots 15, 16, and 17 in the plat will experience some noise problems. It is suggested that a buffer zone or barrier be provided to protect these lots. 3. We have received prior letters, from the City and residents that use Lone Cedar Road, requesting that we construct a turn lane to this road. As you know, we have scheduled a safety improvement project for TH 5 between Norwood and TH 494. Due to funding limitations, we will be unable to construct a turn lane at Lone Cedar Drive. We strongly suggest that the City implement a connection of Cedar Crest Court to CSAH 15 as soon as possible and the direct access to TH 5 be eliminated. 4. Cedar Crest Court shorn on the plat has been referred to as Lone Cedar Road in previous correspondence, this should be clarified. Mr. William D. Schoell May 7, 1975 Page 2 If you have any questions in'regards to the above comments, please contact Mr. R. A. Elasky at 545-3761, Ext. 50. Thank you for your cooperation in this matter. Sincerely, OJ,Z. ' C. E. Burrill Assistant Commissioner Metropolitan Region cc: John Boland - Metro Council Patrick Murphy - County Engineer for Chaska k_ksc.1111u A City lUlii i yi ifl iluLes, May 5, 1975 -2- K_ERMIT AUSTAD - VARIANCE... Mr. .Austad.wants..to build a garage at 980 Carver Beach Road., :A 28 foot rear yard variance is requested for this 24 x 30 foot garage. The garage would have .access to unimproved King j Road. The Board of Adjustments and Appeals recommended denial of this variance. 1 A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Council deny the application for a 28 foot variance to the rear yard setback. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs; Shulstad, and Neveaux. No negative votes. Motion carried. HENRY COUDRON - VARIANCE: The property is located at 6681 Powers Blvd. rlr. Coudron is requesting a'20 foot rear yard variance to construct a garage. The Board.of Adjustments and Appeals recommended the Council grant the variance. A motion was made,by Councilman Hobbs and seconded by Councilman Shulstad to grant a variance of 20 feet to the rear yard setback. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. MOLNAU/DUBBE AMENDMENT TO CONDITIONAL USE PERMIT: The Planning Commission held a public hearing on the amendment on April 23 and recommended the Council amend the conditional use permit to include retail art gallery. Mr. Steve Geyer was present. Councilman Neveaux asked Mr. Geyer if he was aware that this building 'is located in an industrial part and will be fully developed as an industrial park. Mr. Geyer stated yes he was. Mr. Geyer proposes a retail art gallery in the building. It will specialize in western and indian art. " Councilman Neveaux moved the adoption of Resolution #75-5 amending the Molnau/Dubbe conditional use permit to include retail art gallery as referred to in Russell Larson's letter of May 1, 1975. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Neveaux. No negative votes. Motion carried. UTILITY DEPARTMENT SUMMER HELP: The Administrator recommended the City hire a temporary full time person for the summer to work in the Utility Department. . A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to authorize the Administrator to hire one full time employee for the Utility Department at $3.00 an hour. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. TROLLS -GLEN: Mrs. Peterjohn appeared before Victoria City Council earlier this evening seeking approval to put a.road from proposed Trolls - Glen subdivision to County Road 15. Victoria Officials approved the idea of the road to County Road 15. The City Attorney told Mrs. Peterjohn that the City will require a copy of the purchase agreement or an option on the land,to be used for the road. He asked Mrs. Peterjohn to have her attorney contact.him regarding the necess4ry information the City requires'. r� r .J, 1," Z, ;qotiQn vag made. by . Co4ici.loran,.Xeveaux-..and-seconded by Councilman Hobbs to refer this matter to the City .Staff until all provisions.of the zoning and Platting Ordinances have been resolved and the Council gets'a full report from the Planner and the City'Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. The Peterjohns have filed with the City a petition for the Council to consider the installation of sewer and water lines in Outlot 1, Cedar Crest. ht> I HESSE FARM FINAL PLAT: Mr. and Mrs. Harold Hesse, Frank Burg, and Herb Baldwin were present. This 333 acre PUD is located on Bluff Creek Drive. Phase I is on the east side of Bluff Creek Drive. The private road is shown as Outlot B, ponding area Outlot A, and ravine area is Outlot C which will be dedicated to the City as part of the trail system. The City Attorney discussed his report of May 5, 1975. Outlot C will be conveyed to the City at this time but left as wild open space not for general public access until such time as the City completes its total park system and has a specific plan for the use of the property. A variance to the provision of the Platting Ordinance not requiring, at this time, a proposed subdivision of the larger lots. The natural environment will be preserved to the extent possible. Preservation of tree cover will be controlled in the development contract. The Engineer's report of April 21, 1975, recommends the streets be finished with a one prime coat, two seal coats of bituminous penetration oil. The second seal coat to be applied during the second year of use. Street lighting will be private. The location of the structures on each lot shall be determined through consultation with the City Staff and shall take into account the environmental considerations of'the area including drainfield location. The drainage and utility easements as they relate to each lot seem to conform to the Ordinance. The contract will provide for the preservation of the top soil during construction and is to be used within the area for finished grading. The top soil during road construction is to be placed on the road embankments and side slopes which are to be held to a 4 to 1 ratio or flatter if that is feasible. A variance is needed to the Subdivision Ordinance for the length of the cul-de-sac. The Soil Conservation Service report of July 17, 1974, recommends that home sites be located on slopes of less than 12% and that no slopes of over 18% be used for home siting purposes. Alternate drainfields be located on the site plan as as furnished with -each building permit. The Soil Conservation Service report recommends that slopes over 18% be maintained in grass cover. Shrubs and trees should be improved, planted and managed as protection for open space. All exposed areas shall be seeded within 30 days after grading. A variance of Section 8.02 (c) of the Platting Ordinance will be required. The City Engineer's report of April 21, 1975, recommends provision for two additional catch basins plus an overland flow swale at the end of the cul-de-sac. The report also recommends erosion protection to be provided at the siltation pond outlet. The City.Attorney has reviewed the proposed covenants and restrictions with the developer's attorney and worked out changes in the covenants as they relate to the City, specifically the City retains an easement over Outlots A and B for public service purposes. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the final plat of Hesse Farm Phase I as presented this evening and direct that the Staff of the City of Chanhassen adopt and draft a planned development district contract for Phase.1 covering the points raised by the City Attorney in his letter of May 5, 1975, and previous May 3,1975 We, the undersigned,request that the name of the road LONE CEDAR CIRCLE,of Cedar Crest Addition,be changed to LONE CEDAR LANE.`fhank you. r�z�. 'Jp�_U0 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEaP.O. BOX 1476CHANHASSEN, MINNESOTA 553170(612) 474-8885 DATE: May 2, 1975 FROM: City Administrator TO: City Council SUBJ: Trolls -Glen Addition DISCUSSION: The Planning Commission recommended that Mrs. Peterjohn explore t he possibility of gaining a second access westerly through the adjacent property to County Road 15. This was in response to concerns about the access onto Highway 5. She has had an alternative plat drawn up.by her surveyor. She has gotten a verbal ok from the property owner to the west. This property is in the City of Victoria, therefore, she is seeking that community's approval. She will have a response for the Council Monday evening. RECOMMENDATION: If access in this manner is impossible it is within the Council's authority to consider the originally submitted preliminary plat. If the alternative plat and the alternative access is to be considered, this should probably go back to the Planning Commission as it is a substantial change from the original. REGULAR PLANNING CrEJi2i`ISSIO d O•s INN nPRIL 232 Y,:75 7he meeting was called to order Chairman Lrin Herbst. The 081ov Sect' rw,.:�.sa .r i'ti•�r•�:Mal Ga 6 pros > e s 'a e Dan 9 Hudson Fp ,� s +p i .., I. L i. M l 7� ° '1 r ry r' 1 i s• h, ° i t E' f i t' ~ d Ma 1 .ie9or Herbs '� sISkC..�GIi� Sd�D� fE;"l�e:.�:d•., tt'3;}, it: ��Ci•. v�•, , i �'tk:;" ��`�t s�i3.iaY iTlf AncAs E! a I:'+:.o Nick Aei8"'3'G.. was absent. Vivian }lt:dc3r;°fit stn>,l as present. a. MINUTES: A motion was 131zde by Jim Vi elke and seconded ed l;f s: d son F'tiil lG 'ub ack to approve Lu�,,,ber Yard public hearing minutes of April 9, 1975. The following voted 0 favor: Dan 000, Xuds n i`ol)ehiback, and jim MlelkYe. u'c,*rry i:esh,er, , Tom it'Q,fet ann end Mal �ng t 3 ;-�, i y et abstained. e! d pfr ti r r. n` d IE{.xd �'e(ii`wti i�CJ•Y i''t ," 4i�J i+.''�i`}��Sa ai�{.i C}19 {w f�.i�1 (�V• •"`J 3 the motion under Y Q i r fi 1t t Planning f•s .:`i;� rr". zYi �� t� fi L�TdG'' s )�(t�a.,uS-•i,..a�„��' i"ft the April ,i� d.�fJy Y'�jtiSstT �ec�:ItlsiY{'�r «•t:�':iY:`i:i:;"a•�1t3 6ardmLi•o;Ga r,D ICC'� The tse7r`4?.op..y tJ.€!617t:s build ti3r; e+Irafies3 CtsrrsEs ut.tois dCr:LrMdopIng ' r.,;,,s,_:, t �,F'utii3t aa across O;Stint: A and that this Ou £i't A would be di?:?>i:,k'ibed as 'a i:ta:n'`,i'it` g ara a the �,�1ot s that that abu this parcel namely Lots 1, 2, 5, 6, 17,- Block 2 could possibly be fmotion was isie ;,Out53n HQl3n,iii si{ sec JidLd 3f Jim mi:ik e to approve •(a April e a 105, regular iJCnn g Ck „ws °Y%inuoavJ Cs ;l4n eL. 11i'a following voted in ( akoY: jp. t.i a,a-•,:, Hudson 1 9+r/a ° ��3r and �„ p?° !. gs.t Tr,' Span, 6 "J sr C h 2 q ,','i" 4.o'n I'le A st, iru dsontllteyN�drvr+.y.7jk�1�Cya�.,•n.I�.g rldnd Jim 1t.��+�ke. 60 ir�l!!..rl an, hal I�rE,�!'l�.o`i3�.i.nq and 174,�{ e,ift Neh,dr abstained. me iu1'i t°yj At*i:.dsn" 07 stated o has ,. 't a rev. d w d" " „� i 1 �rr�r ��nn b 3 '.V .i ••. Y•Fy� ^5 J' r y 1 t,• • w• " e q[pp ��jd !:..(,, w i G.J [i}�a: �i a:. �."'2.. •2 �2..•fl rw{IL. �� i�::'•�VE.%':.'�'.. •r�•�'v �'.f ifASi V. �• �4I J�' IJ'.:.J�6'�,°i. ,. CJ . He has r'i'�.' t•i7 1 e existing e'.i en y i t^ s covenants Yy r. were p ,. �d i, g `>r'�:GYC '�:E �',a�L,ii�Si'i;.s. �.tE � e..''rL@cir.a �,i i'�e.a.t: 3�it,;�r h.:1 J , Ir,,, In 1962. N rrfbe �: p ^;ot + that {{ ( shall 'i •1'e • n 3r r••. t0 f 1•a.#.°tr tdR.u41JJ,, i' � ;3��R•7��;�'i '�! Cris !"tl.} F}�� }�S.{lii�fi .F1i{i]iV s ��,.]0 3}(+'r..R.r:.>»�1 Ct}•`»CJ�d1t..d i}e}i�:�t'C( r7V Ii':E:l. Ei' m C+ii',e �'i )nt , ine 'of s4jd 10, T�L'a ysF?4£"..l'��:il ai4 Ii at.:>'1�1n1'ad a i�ait4��Fiting set t"'=,.i' $$ ne. ,f. % ya " r .r• s 9 ' "4.. .*•j �"2 1" fin' , i ' s 4 " r �;ra .;i,� '�'6�,•�; �aw� ilt�a3: i(;;+'�s„ �1►�4� '�•r' Z�83'tt":d.# �ttl.1'it3+:ct?t;c`,:.' i'�'(S�sY`L:srw.ii%:> s�t`'C? lii:.�i"! Sri?'i3it;l than the recorded ^�p..ded wi , w' a Zoning J n r. t. take e^-, id r � l 7 t,• �:JI w i at:c.'�'E,'t:'!i'ie� t".�i �ar3'�:�y D�+.�'7tr;i::�:s: lZi'�ia ;•(4 '�:ac.,. �4.d:.pi Ct.:f: �.:.? ��le:. restrictionsandthey.hCSL b• t Q} adhere to the,t.irn,,•,£a:x:'a a•l. offJ or covenants And r.'r',•t'J, i T'1 o1::7 1, f'aled on the Otit`. Tiap. Q11C;ilnts have two cli'i:"i'taatives if thq aia going to l i t 4ii, 4r i�+:63L� .s"r1:1,back lipel, 4hY°'y will iiG7 a 'co�r, n.� c rp n tr �� . ��rr..��iI-•�,�t'':• j ,�Sjii d 'elC,� we GV :I {.� .. lni ,.. C,.� V•. Y i {.4.. i't Cty. r, IJ�, :: (.1 -, k:U 5 r 4C1•F n�+ sm u .& ...3 ,' . 'E F" ratr�a {t vendee en e and u•v:"t�+ � .{.. � y ., "soot 1 Crest �} 1 R,S ^••� 9 r i1.•f �J �.. fee fi r'ul.�i•.. �"y ,.i3 .i LICE. V4f �fV G: C:i i'�w tltYol L•';i�.�C�C;:� i�?i CtP E tltl ,�.•°0`i '�f� cedar �+I��:i �r r'i(3CSa ar �1. a'd �Ctie''' tre same with M1 a "Lev L1:;';B Refi s q fof DO& or n sCi fit: an action in to *;zrCoLnt:'Dist"iQ hurt to saaY a d a"a4l;y' `udg it LF 't On Cedar Crest, CetGr ts> i'„'?ve not intended to ii'i" ect: tiu'i:l ots I and 2. The City could not approve a 30 foot TO COND T� .OVA . (LSE PERMIT - i,kX.FA1J1IP�f�.ri`'j1.'.. A motion on was maea P ,.,:r i . rr __ _ t;,J'�P4 , t°�i:.,, t:..,l`a �y tj+Ts? i�i,,..d(,Es �;'i r. �.��''",A r �,..•�t�,,:.Mtr._ ..�...-. xs �, ,y`-(n.�..��.,„•� ."^;T.-. � �r.A .,... t.. �.......:.�� y. �,4. , ..i9,h w.°a...�t +rtia I,.�e i•Js 6 i3S,i s ii a„ it.,;iw;: w'f;i7f %fi�f'if:" x.ii;iend :.rarer �(irr>Md L��iar t use. r' P `F (- au LL;; ta b F e dated i P� wj•• 'i 1974, 9 �7p • Y add u! C+' ti: n V. t •ti,+y rn n e °� { n !(. i'iJ', vicad2J`V.3r,�:3 te�: '� y ✓'q �'�..;! L:§i� �:+4iI�.rG-�Ct;,"iZ}ti F.. r,� �ii:�,Er,�:'i °�'.� d LAf '�sro,•@°v51;�w .4�•h+'`,t9o�•2 1�, a d;• ti b �c. �i q Y rQ f, K' r i r7 Art j�re s'�.."v,�. �''ro�;:'-Jig ui�ai�;3a3i}�.t,f,�eJ S!;..Y.tri'�,c��.s. Qf".Q.i EN J�N9 i!d"S:.iVSC7Ei.•.p UTZ Sf�1• ywy C/'�hi P I�FiI• Jim } 1� hs -DJ g Hanson and Tom Kl in•i/_+ hE . may •' L.7 •Nh� t c..t N:. �'@1'1 3�d�11Y{e,.,i {, Planner, t �:.!•�, i.:d ,:l L. I +.LI rS.I P r '1 di �;,. IilF p:r rax 4°:ti°4i ;2:'"'•?r{rr�'!:��i� `.a"".`'s«''s$a`a ft;i3' YF�i�L;=�Fi pSm for c, t:+• �^ u� W"r-�,e 4 Hills P'�} Y"-:i 9.9. E Laredo Sn{i ��L � styy ��tJ 1: do � l:'G°'i. ti i .. cGi,::.� 4i'�,»ti"i f t f„ L•r. This h d W :;: e!•:�''a 'd s .o rLZf�..wd'`",Ld on the t�.C,iJ �y. o f eat: �.. �» L. 11.1. a'{^1', o �,S'` lv p1 nr '' pp'', s ,M �,,, ,l set . i �a for:. '✓ •+ . a �iAi��.S'.i�:�..h �E.39 :ii:�., oS �' 2. E..:.i r�.,.y for ad'Y' .?•r^t: ��?. ' us �i They he n f j�prar ��tt e 21 s •r l Vw'1.. family y homes., • ~ err G at � ., rq' _'37 �.•a� r - "� .» ,a (SJ!`d :.2�is• -. •`i7. bEE• 1r4,i Fr f ,I"'t.. iJr7,.. �. ,.1� . �• .•�,{� .Y e SS 5.� 2 � �• �1)sw3 1.�4J°� ui'�+4 ,.{ i i a t.r t'.xJ tt 96w+,1;t ]�: ��?. .V': i•+ ,had ;,]s, - ,i.. e R:el c,, a the a parcel > 3 0. t ry w.• � TlhmS net tiv• C,. a'eCf?..e r3'1`v.. ?r'3e 3•D >;i'�;� . k'�i3 'i;iew� �;51�T,i.'3 ':��E13� � a 1pp °.. s4"�i: s'i":'S :,�,� 4+ Y t+Q 4•i �a/'�7 i1,�[�;�. iEhV„ i� 3r ,q e " a^; hams have d ga a ,o i the homes e:. .F,. y i � , 11.200 square feet. �rr� Pi'L'iit�a iIwCS? c"i '+�(;tli;}�5�' ;,,<.i �`;.;'w. !>;zsi'S' C;t' E,ft h�i.Ji,sM;9 '1'f��n+ Sr2tr:z�a. 4..I�'s•M•'+a �.'S. •,r,i,s,,)u,•'{.E L:}. I: !. lAA+ Drive. Three Iota will have f•'�1a:.5 �'�„J'a'V. •i'Y'r.SiY 4i%�I:• 1. t S 7 4• Yi virJ. C, blending of FSaaPES,:;ir Iei6i..e:? and tree plantings along ;4,.de bThrl+a o'2 t:irit..+U lVO.:PO f,fl':. CiiUzF'w' range •rrr''+}•� �; ^]r", �/4p�t�a'/ n�7'•,, }+; r �f�.� 0 79 } f ,� /r�� r"��ry ,c. too home finished. ^,r G �i will 9 Ykng from om •� 33 ,000 F d up i5."�JendI ng on rY4ii': t.�l. ch .'r�'i, ioo 77ome i P' i �1 @ .ii'Ded. d:Ii.'~. 1 i C:t w'i V' proposed park has recently t'y.»t?/.7y been z4Vrvt:yC:id asflti will be dedicated to the S q. This was a part of the t'iwgl;tia loos and apl'',-r3val rii•f' lwei.;t:':rn Hills. ��✓ The City a l;>;nner discussed his Y'r4'ipo . he sand iszoned P'°^•i. :`Si LS3:',el lent feat'ira R i' this proposal d s that it i Ci i ." rr ry Curb CPO ' ,� M ,+. r.. ;:t�'� i 'f� h e a r ,J�'i,,��^.y rf. the ] 'r (',• r d tlll'i'9'�, LE L,�i` �Yr4: 30ii4E.' h.�4�.�♦ IE:r ,2+1iX�a4cr�o@+N_.�l r.�7.• ��f..�fl:�IYs�::1 jj }} pY 3 t-r • e Jt w '{ � p yP some ,e 7. 0? pr r• �r �, (R screen ry')t {�• he rr••p,r { '+� J 1 ( 5 'i /� V ri ,i ♦., I ••,�,i F1 •M,r f 9d� II�'� �'F ti � � tii{iCn ��1 Cr1 Y E �3i i 'L'4.EY✓� ' along 1j't".r i/•� �•' ,(:,t�\i 4'�� Ir� ry f'Y'�� '•>i1 y M ', a `I C He J^ r° e ti the P 9� n 'i I+ c , f. r., f"!� G•, n^ +^n. petitioner n t o r(s a 'ti'i:�{:+;i'•r,�ti• .s3't;,r. .7,5'��.yM��rMd'Gtl�..!',u.J?3"s93�?v�it6i',ii.�,a'e417 �:ii:�'r4.is.rSjt;': r:f: �.:f'..si:r�:�£ii4i:� .,v �i:, ei�' ��Ty� building is located along the northwest property line and :it acts as a screen for adjacent property....A fully enclosed maintenance building is proposed...This will be used for the servicing of trucks. This building and the 3 sided building will be of colored metal with asphalt roof. The millwork plant and railroad,spur are proposed for 1975 in phase 1. Phase II is the lumber distribution yard for 1976, phase III the component plant for 1978-79, phase IV is the general -office in 1980, and phase V the reserve area after 1980. When the project is completed Lyman Lumber plans on having 30 trucks. These trucks will make 2 to 4 pound trips per day. The first phase will be running 3 to 4 trucks. Truck parking will be in the fenced storage area in the rear of the site. Bill Brezinski discussed the Highway Department's letter of April 1 whereby they request the developer to construct eight foot bituminious lanes for access and suggest the City look into extending the frontage road westward to Dakota. The City Engineer has asked the Highway Department for. permission to construct part of the frontage road in highway right-of-way. A letter has been received from the Highway Department indicating that it would be acceptable to make use of part of the highway right-of-way. The City Planner recommended the Council approve the preliminary development plan subject to the conditions as outlined in the Planning Commission minutes of April 9. A motion was made by.Councilman Hobbs and seconded by Councilman Kurvers to grant preliminary development plan approval subject to the j conditions as outlined in the April 9, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Tom Lowe stated Lyman Lumber would like to use industrial revenue bonds to finance the project. The City Attorney asked Mr. Lowe to supply him with the appropriate figures before the Council can take action. TROLLS -GLEN: Mrs. Peterjohn was present requesting rezoning from R1A to R1 for the property knows as Outlots 1 and 2 Cedar Crest. The Planning Commission recommended this property be rezoned. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs ..,.that Outlots 1 and 2 of Cedar Crest Addition be rezoned from RlA to Rl ' as recommended by the Planning Commission on April 9, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. WESTERN AREA FIRE TRAINING ASSOCIATION: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to appoint John Kreger to the Board of Directors of the.W.A.F.T.A. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. PARKING TICKET PROCEDURE: The City Attorney recommended the Council await some pending legislation on parking ticket procedures. A motion was made.by'Councilman Hobbs and seconded by Councilman Neveaux to table parking ticket procedure. The following voted in favor:. Mayor � O\-UTION E/ 4Q 2Z Q 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317*(612) 474-8885 MEMORANDUM! DATE: April 23, 1975 FROM: City Planner TO: Mayor and City Council SUBJ: Rezoning outlots 1 and 2, Cedar Crest Addition from R-1A to R-1. The Planning Commission duly held a public hearing for the purpose of rezoning outlots 1 and 2 of Cedar Crest Addition from R-1A to R-1 as outlined as per the attached minutes On April 9, 1975, the Planning Commission recommended the approval of the petitioner's rezoning. i RUSSELL H. LARsow ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 R.USSELL H. LARSON CRAIG M. MERTZ April 22, 1975 Planning Commission City of Chanhassen Box 147 Chanhassen, MN 55317 Re: Trolls -Glen Proposed Preliminary Plat J. D. Peterjohn Dear Members, TELEPHONE 335 - 9565 Under date of March 26, 1975, the Planning Commission requested my review of the relevance of the present Cedar Crest covenants and restrictions in relation to the proposed preliminary plat of Trolls -Glen, presently platted as Outlots 1 and 2, Cedar Crest. The existing covenants and restrictions were executed by Waldo H. Bunger and Dorothy L. Bunger on July 12, 19 62 , and filed for record in the office of the Register of Deeds, Carver County, on July 12, 1962. The declaration of the restrictions states that they are to remain in force for a period of 30 years from July 12, 1962. My examination of the covenants and restrictions discloses that Section 6 is in direct conflict with the proposed Trolls -Glen plat dated February 17, 1975. Section 6 provides as follows: 6. No building shall be located nearer than 40 feet from the front line of said lot. " The proposed plat of Trolls -Glen shows a front set back of 30 feet on most lots, except that variances are required for certain other of the lots. The proposed 30 foot setbacks, and all others of shorter distance, conflict with Section 6 of the existing Cedar Crest restrictions. Further, Section 8 of the restrictions, while not in conflict with the proposal, may cause some difficulty in construction on the lots in that it provides that any earth removed from basement excavations shall be retained for a "reasonable time during which Waldo H. Bunger and Dorothy L. Bunger may require the owner to remove such earth as is not used on the premises to such place as they shall specify without cost to them. Planning Commission City of Chanhassen Page 2 April22, 1975 With respect to the provision of said Section 8, I suggest that a release of extin- guishment of this right be obtained from Mr. and Mrs. Bunger. The release of Covenant No. 6 is not that simple. The following two alternatives are open to achieve the release of this restriction: a) Secure a written, acknowledged release from each fee owner, contract vendee and mortgagee of all lots in Cedar Crest Addition, and record the same with the Carver County Register of Deeds, or b) Institute an action in Carver County District Court to seek a declaratory judgment that the Cedar Crest covenants and restrictions were not intended to affect Outlots 1 and 2. I was given to understand that the developer of Trolls -Glen was to send me a copy of the proposed Trolls -Glen covenants and restrictions for my review. These have not yet been received. Ve� truly yours, Russell H. Larson RHL: m zdsoiol; 4i iJ1,hL 3axxag ca-id 1L'wilular llieot--Lag Apz is 4) e!;p C-3 - %'g A im<iUorz was made by Nick Waritz and 3econded by Dadson Hollenback 'Co adjOUrZ2 4�atlor. Unzanimous2,y appi-ovedo axdz-g adjourned at 8".0 Pam'* REaULt�R PLMI�JjjiG COMISSIOW Y2ETING &PRIL 9,1 1975 TIAO ii-n'a. C; was Called to orde- by Chatiami= Dan Horbo"ki, ��'Ijje following yirupbero jjy4j Dan Hxbat;p tiedTorm U6bolrtu "Nick -&rltz,� 11 Rudoon T.,Iwli ,Stom w.,Ls abaealin A mtioa -i-I'as Ypade by Tom Grabbort and sccozidod by Jim &olko to appx,,.yv, llle who 0: 4� 04 19,75,, -,oublic - %.Anz 17LUlutes of pnp".)ood pyohlrJma:l� plat a.l.".1 Y_ It 1 aad 2 CoCAar OX'Or".- P�ldltiOIICI 71-le fQ110W1'-71(k;rp VOI;C4 U'l AMO.Nv Dtm 11%-xbotil. Jiu,a %V'm Gabborti'and Mdoon Hollenbacka jy4ok VpU0,61 aaxw.lGd, uzar; mads by jtP. Niolke and uezoi-adeO by Hado= Rolle. —aback to appivva icLia llax,:,�h 269 197,5.,, i)1Yb2_1c: haaejmg minut-sa oa Baia tp.�,Vposed mear)-m-,at to Oili:Lixiance 1;7 -�,�Iono 6,04 end 7,.01, 1w include Day Care Con�=o as a conditiolial Tb.o :201210-f'-An", Votod in favor: Dm Riilbat2) jLa XtaLka, TQm Clabber"D mid RmdGon Kollenbaclk 7 V NiciX abatc-.Ined4 Nol-Awn carzied, A mvt*t,on. ivas mado b3p Jim 11111.01-e and oacond3rl %r ,?mi C-ta!)!,,,me'j to appmvo tilm SlAvch 26,o 1975., riublic lmul,.-.oagy 141116i,90 04 z% V00 emziAt or Uenass1ldjhh,.41f i. Th0011ridnE; Voted 2.11 :~=Z,: Dxa1HzjxbstP Jim ToLl CMd' EXIdson lfollenbac%., NiQllc 14TI.W."t-tz abst-aillod,, . M ltlioil car.vied,, A by J�3.mk.Zklolko Kral Secondod by `fit; Gabbert. to ap-,,:)�oovv W10- 14arob 2" ar Flann:L% Cayuip.sojoyl Me T().Am'Ang 'votkl in :fT�ror: DCLi'l ZQI*110-ato Gabbaxtq, 'J'Aaa MdGlke., and Fludson Hollenbaclx,, lxqj.cic b d 14;Q t Dwa did -oot take part, In thlu poi-, oa o` tho rnc5t,. 4 -xc, a Q bad x;,r-)t 0,th the Flglemy Dapa' t -ja'� a f�q , rt;mrmi mmd asked t! I F.�, "c3l., 3� -,i) Q11 the r=th cide of IRghvmy crst Qf lono Cedar ' - vm�ld •b�� •so the%, To r poopla tunnill.7 into laza CeiJ.ar D.--::Lw' wnd a loo, for tho d atil that po"l-r-t* to cUschargm or tm!'zo, On paz!,,7,0;7,r.x0e, 11,3- 0 dotibtcd 'hay cot)ld do Lt,. Tie moxiq wa-j a2l Ukidrp tcd i`or tha" safeli-q thv -u.'Ould p6op-sider It. In a ph�)p.o t-bo:,-y aw morp sccclerat-.on iii coimoctioll vJ.01 p ..""]SOty, -Impzz"walromt of 10-glu7v77 r) Other - an 1',liovo that ara sl,41rn On t.hopxan's tl.n�'L-h s'ubmitteCl to tho City, 11' bids cene' in low oxiough so t-%Gro '41; IrA VaO -VII.11. C'01.S.LC'10r laha oth--4, L1 tlri,t w(Di-a mado att the rmblic 113a. ej_nso was npdo by shim Mir rilko and socciaded by Wick I.,laxLtz U, rocmm,ilolld `V110 COV.XIOU '76.lio Ty-ol-lo-Glon dwrolopm-mIC-0 to R-1 single fwO.1y, rouldeliti'al. NOW-011 Th n vico, Chairmam. reviewed poilitit that umm &Aacussad at the -,pb'Lic boar"w" Acow35 -Y was Tmn! 0�111)bo- z�'ZA •additio;t al. cars at L7, lwtux-zeotloa sewcoa yrio'. i Gill y'' Qtiher alter.au"O."j-6 J.0 Couri.-k".y Road .i5,, iI ro sva Eollwibacic Par. of tli, p V3.am is HJ-rhwF�v 5 alld the 0t.h.:,1r rw,d qp Go'niaoOno DirhT"ay 5jez,bwa Lzeq, r)"d tbxi nalro',Of c, rr tho r1cr o au Com 00, I-1a to 'm'-d-m Zirt1w.r Convaot Vic intain tha,'40 2VJ f0cit, Q� X0,1,rl iff .0he Ci'�7y Of CIIRDIM000n 02;COrOd 'r10 U10 , 0 t"-,j,3Y would 100h an it w1l I -lave "ot yet dono t1la-16.0 Cilia riila.t3 L'1':v' a is it, zuc11 a difficult sits a"Uon to 'i,w '40 modify `ir iat er%tr zuicE3, that a back 4o tit ProlaertU is the sae iu rmst feasible altorzaW to consido, r? Bill.oe�.1 Ith .alk t;ll+�r aim soveral possible alasa�e:�^s, c�,ao js t;1Ao laaci out to CGc1r,ty Road 15 from vao northumst coiner 01 the plat", the scaconc: n is if the present on ur ante 'woo out, and t tiur ."Lng Ianea a PZ'01i Ide- d �i�c1 L,GG by o&wx Vami 11a,;h'fs,z y a . aJ?a bairn- itt od 'or the GitY or 00m, otl-n r f�Za d,, t'1a a CJC17L7w i c ' EiC?+� ".CI bz� .:�C1 a C�u"a 1?l�l^�?^at^. k + £'iuoh ti�.LMO c'i. ft"ar U.1.GT m= „r for i'4'�'. �]F .1� c orlr3tl'i c t+:ion Oi Q10 p,,oj,-,utu kt1� v r� 11) �i10 1zOC:d �w p �q' « "34nOd 0:�.:+LT.ii.ma-t0 Tag, �1.3 rlo'v A as a .(,'.gal -p�.ti:ae With ' n ,�.111a�1' A�T.r . L a.s, C,:n. Clal:w:i14 'Co {,!'l`'. G';i.'%yt' :iG%" k.11n d'„<'dI;Z.Ya :•7�r�o !'i�l� t'L�.v 7vo �0 r. r, .. G G.L",C1 P aria oo :�?vCl ,)li ra2l 01i(1uld seyoj,�, G:OL.:3'3.CZEi ' 1ait�'J�C11t:7 ak1 F:d%cltiiix i;ca c"C:CC. l.i 'C1 S3 ai^O Ztt9TCt�.(3 3 .to �t';kc At nn"3ivwsh''t a" 110 aacyr- sled &i an�17.�i(3a 2a.�:4'IG u 3� v �, a - lot 2 Block Ig r5'�orlol fw) t 0. $0 ;i,i1 ,Q 1.0'v .l all , t1�. 14.; too i";�r1 Cr` b ld-.1 t 1J.' v:t;'�i Di l..Sa p 10V 2 4i't: its � 'i].j�'tat :%OCim''('.�.on wuld �.'.va 'iil1L) oLlilor c� 11Lzs;o f�'J ctA vw 7d SK;k+l7vlfil� �t:it1 '�S:t� 50 v: GOgfeet would baryc,�c�ir�ron opzn giomd. Mahe access aslaropcsDd i-::L o b S.a-.,the �o he o'L ne r s of Lot 1. l�u4C:A;iohn :7tatod she has asked �rJ.v-ice of dour developers"OVA tilLso "L+i1COC: gak1 Q �.a3� �� a3 ?., fo-;Yr 0aid that K� -na�r3 any boa'.;:7 to b('i t;,I1;C't7agh -ukha.1: it ,.;xkt olda o f by t.-,-idoh od any m:s"'s tiata39 -.It io. Bill Skmh at"•t11 lw:a,; to a'iCZ.30 Pa-.0_3','john that she divide the six 2 A1coshorwa 101" i,a�Q :�`iv( Tl3rJ am coalsido ing doing t l-.dao The be. -oh :lot would be )0 .poet long; wn i 3., +., c,cwo..acats gor coda;:, urrt have bclan 1.grl,,aa-ded W 4kze Ci't,j At'waa:zlC)Y fox, ha.,z, 17w:1.eyro af�'c'Ov,01a.;.a has &oat-izdi-vloylal oovenmt to 't,110 City AtUorz ay for 9'ra3.ls�C��,rszt,, i 110 Is j%>poo ng J. 1it.mcoLt'13er O.a aF3voG:tc^.tJ on is '1 ho Ct^r1ren"tta also ra- S'i+.,detions G:: no boa-tl;5 being, l atuached t31:cao ig h the acco ,vo N eMco o 'a'11a.ra i:Zaa boon a 1 oi; of d sc2ac,Y:Iton abota'G 'L'l G le!to .CCM +S '( w+�, 13s •C jt hs!., bean made Si%ora them aware Of i t't1blw'31i3 00 G1trs.or 1,li") aC:{i.'.p_3 1:',1ce t112:°11a Tile .�L;I.i3al of C•Ss?atr oho `ciamnt- to do J.il to her,ie dovolQ ors I h- r.k vie .1r1.0l•1 i,. :;Y).?gh 0i, o:.':7t"i':}. Zi?t:c:ta a-yiZ 'vbo devc"`ltaim.-I--mit for Z3uo SiC:Ceos :1'w 7,..Q o A:f;�1ll�'u^.i3'u 1�4:+:'n '�,�'+ �•% �Z.;0:8 arucers,� If t.hi>a mo.-:+.:1 m"a a 1aeoonrj to �`�tii�'f;? RMAC{ .ir1 01 :1ci a' be Gtarze lof . L1'tJx she loiLt e., s a lot and 1t ai`1to o as,01111dq 14;,IzLgk. '�'1XIS i.-, Ui.3F,5, :air. .Ll3u{.Lo tlx:n and IiCj m-,,glat �.iQ:'CiC2?.3 iri,1.!; +.�� d. * ,. (• yr. •', .+„ a..i zr �T .� nr �. ;. i r'� ?, FT �e j^ �� u:,t Gl,�E'ai ion on7. that. >, .L,rA b � s?:.r.. u..:�G v.,. F3 co � e 2A:.,n"'s +'atilt:. he,. �.:.� . �.,;� .,,'a.1 't'ho €! ..'co. obi t wol 1. a nz a of i hez bsach ::.cr,ow, tax obi P-L, :Li' z:a ae.ra c'7.'r:, ; ti p i1��v-0. ,anoQ13r 07-%t ta,a , to Cea>.�.,a ,q- 'Road :1,�' `t,hl-:. will Mat,« the aaea:l t)f' S:,lzi.s floiT till'o11 11 road zm s'L.L'Ioz on the G%:J.3L:liil, 1jlrltc i %'v :.lYl Sictla illfifi a la�j lsld�ti(li1 I:�. ^ f;O"' i ,r 1a:f,u'.c :tr�1t ;l'I'?.ti 'G(. 2'G7 ;'C1ili!.i4 j,r;l 3t 1162.1ca2b 3 �'�.•S'k.. sca t.L is d fJ + - , uy 'rvtt:+�" ` 1 � �I,�{ a.�'-,.r a , �,:�.��, p��.,�ili: ��rllc ,�. + l,(;,l�z'.c;j,l. •,:�a;i'ti,vn 7i};C �.�%'8•,f;.l.ii!',3.ib:r.2. s T iS 0. f4f3finit'-lCi acm= Px't)bleM to 'i,ka i r�w:G'cl +�Lrl 1a1�`L'ii7G:'�' 5 zvd if Y"'• or thj a Ci'k-.,'+j or the do'YCI.,{.oj?or to I;J7;OVO lii:a^ mrii+::?,.Il(3 'i,l.aell Tray T`OopSi7:i l'lta 49 3."Cil -ly tbul, Cal awG'u:i to t1aG' :i.'(c 'ti 7C; al�Tlrul:ii tai; c17r;?t�r 'WO GuuY3ty isb� .�j totnke Some Of tho Pmosure 0:6 ;114a cs. x .'cr,6�at3 on ao , 2 Tiic) c�.,a'{re;►;�.f par would build the car t•ho- n dai, a;�d 1�r'i, �,n3 ;z utz':.7 r, {; R bo ci{ roc ':3.larac: ��a a pU.►Ad. ae ire:,•, Tlao lml's `411va;J .oucr t;1a:i.k� Z. a'4ea��. n .z+,r,:?,r ' 7 B' ali 2 could7:(?4':N I1i)i�r betJ:'si C.i2t1esC1 -Ax" t7 that 9•''e.av a .� rocol za:cz;3 s'r�u'L':�.zi,; avc�:'�.tt,lco toi,1zt� 00c l �7a J,+ .E'. grj^ ,de an pcza' Qa';i:4�aCtii,G� ,i�w a��Ct:Lo21 �iuU�� ZtiiJi'�t3'v'.CI'i C o � jeru `}`?aM '�;i7jll7.i1 Go7Gii1`J.5�jt?fl 1el':m-CA1011do the Coullc9.1 Gojisider t;1'10 as '1+i2`J;J' 1•�,k.:;:�tSt 'L►h t`SZc'3 GtJ1iG�'.G}?�t3GTavo i yi,iJ. Me dovej-0por alhoulel give aaroZil consideration to the size, location and sslm-pe of the aQoeas gor the oUier property oTneara to L,*o Muuiawashta bocause it, is J. 1 t tha t hat -Ichiq is an 'Impartant asset to the i-fliole dovelopmont. 1 'ollo- 'Wlcop Hudsoa Folleaback., and Nick lv;aritza ""I'lo wilig Votad in favor; J:Lu P, 0A Galbb,="CA votod ro becauos of the quest ioa oin the roads and beach access"JOC'o Da. -a 11Q.i"bo'G did not vote. Notion carried. ?L&N - LITRIq LUDIDE PZ: Tom G.,Wbertp did not. take parlu- in �IiIUG A xi*,r)i.,-J!,.L-)„I -raG wado by HudsonHolledback euid oecondovl' by Jim that the -yacclru,,,,zld L110 COU11011 agp rove tho -,p]wk, OIL' Plmnrad 13,117.1i Wvelogawit oubject to tho c-n�t*orInZ ir,"Wo a dc,,vo�o-psi,�nzit FL-,vil dw-rolopment p1c'.113 for tho plant al -'Id ba t-od Jui 19754, luxibar dJ.strIbuVion ynxd in 1976p coqponont p larl' 1).,i and orl.,Ico Jn 1980. Ajxo oubject to the usacs,uary and dica,-Od "n Villa 02d%ibits,.. th-,a of Fewmaxy 5.2,' 1575 r�por'k-o of Febtuary 10 and M'axoh 10p 15175,, also subjcct to 'wrID r-:�-Port of 2; 1975., that tlhe 3,w) of the acccuou uU-Ilig,-hincy 5 bo wor�.xd out boirweon the Staate Bighuay DapartinarAj. tho Cit,%"r �Iulcd th,�Fi Z�p * , ad tat tho Ai-,ril 1,, 1975fom na Stato h-IM,-Y -, ' - - 1),r IdL A b:� i-ho be -higYly acasiderod. Tho buL -), would b T - ZQ of th,;uIlImDrI,�. Plant and etlspat11 of c-Ither ti-ili illy Or "C 1!'. C011-rato. block ,,,.nd tho ba2x.noa w-,,uld ba of zite,-al corst.o.iCtICvd. Tio "and cul,,i.rs of tha b-QUdIx.,gs bo of a hacar-IwEi nature iso a to *ba of P., The rollowing %, ted in Savor: Jua Xlelke,- BLIdOOIX T,J Z r! Tam Gabbort did not. vote,:, X,0' oil cArri0d. .p U il; R IDT S77JET: 1,74r. lllutma%or 01-a1s oatlrji, D Pwrou or, 0 Dquara c-at. III, ,;Qu, d. 1'Ir0.to split lot ill haI.11 I--. - ZI� Ic I.A. z.r", ."on wz..3 uixk) by J:ixi Malko and 30coijejad, by hadoon Hol, -aiback 'to hr%ld a ppub' 0 04a May 10575a at, 3:00 1.)-M- to concider tho Hutmker lot up-%Lto 11,3tior� L pi we?, r'E, 0HI- Vais auto salvage y,�.%xl ia louated on the sout,h Aide of 4,2" Ti-fj S-i-oe :!.S p2'Ci7ently a legal noa-confoniaLn- u,-,,jo lam'. Vassar wants to b-a""OLd ZI i; -.1r] ni-do by L Tom -GaVbort and secondod by Jim 4te*11ce that it -.1W th'.) that, it, is a iu5u and, un4ar Sact-Lon 20,,02 -u 2 71, 4 1 'tU011. 0 tbct the dznial af any owD-arg�-tliieat or QI'Or, ed P' QrOV Moro are bills bafox-,-) the stab: F rIVI'l i;aa city C,12d r of itioC4 J . an C t to tl- I) Ilia p, . i "ki Coun 110 00 U NI Q.T. L PF,0.?03r-,D. S.S*eT.2 POLICY PLAN: Tab 011".y plan,24-er C.Q. his to is itivo-a'ZI in th-3 plar, .LZ3 "VIXxvfy, sclisdxilod on -the pub:Uws He haz C, Pint o:� boir.6 30 to, mprosent Chanhaasuno y,,acl%j by Dan I')rba"*fj cecoided b4y, IDAd)�Icn 17011onback tblat -M, Olt . to lKetropolito'n Dov* L0pM;,rt, r�%�%do pol-loy arid tho 0-Ity v.ud tbatV ho ez�.I 00.00 uab,-'equont to Mja-�- ,tpp�:oval by thn Clt-;! CO' a- vC unanimoU131-Y -4, hoari,)g APIII -�,16 be preaci Qed at the �) WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. EIREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS 38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 March 29, 1975 Mr. Evan Green Minnesota Department of Highways 2055 Lilac Drive Golden.Valley, MN 55422 Subject: Review of Proposed Plat, TROLLS -GLEN, Chanhassen Dear Mr. Green: Herewith two prints of the above plat, about which we spoke yesterday, for Department review, comments and approval. The street, "Cedar Crest Court" is similar to that shown on the former city maps, "Lone Cedar Drive". It intersects State Highway 5 near the southwest por- tion of Lake Minnewashta. Very truly yours, CITY ENGINEER, CHANHASSEN WDSchoell:sd cc: Mr. Bruce Pankonin, Planner L-"� Mr. Barry Brooks, Administrator M March 26, 1975 TO: Members of Chanhassen Planning Commission FROM: ban Herbst SUBJ: Peterjohn Proposal Since our infliction with sailing fever last year, Karen and I have been actively looking for a Lakeshore. lot in the Chanhassen, Waconia area. One of the areas being considered is Mrs. Peterjohn's property on Lake Minnewashta. At this point we are only interested and her subdivision is obviously subject to the necessary approvals. In the event that we would ultimately purchase a lot from her.I would have misgivings having acted on this proposal. With your "consent" I will assist with the public hearings but abstain -during the subsequent deliberations. G� Daniel J. Herbst _ Jam___ _ Jr -_ - M L'ZL',�rU.uE�aYi.L �c�L'd.i'i.L.Ld�.7 �:Clt•�'L•ilta.�'..i.f.l�l�i i.`t�:L�rJ:J.L�dSa ..�it,�,:ai �',y� r �.�,1 J fi ;e ul.ar mael'Ung was called to carder by Chaixouan Dan Herbst. The a oll.o ))'.ng rotcmbars were ;uresent: Txa'a Stone , D is Hexbst, Jim Hielke, Tom �^ G aubez,t, and Hud;3on Holl.enback.: Nick Waritz was absealt. A inot.'.,on was mzz d.e by Tim Stone and seconded by Jain klie7,1:e to a?" is t'ras� pul tic., hearing minutes on the Ayaondi',ient of x'ina-1 P_,ovelG7pxaont P Lan 13ue.,;gens )Z ice Park of March 1.2 , 1.97 5. The ivllxawing voted is a:t��;ta5 Pan I rtrbst,, T:i.ra Stone, Jim Mialke, and Tom Ga'Abbert. Hudson W I, a. 7a,�ck c"i.1 st3i;.nGd.. Motion t^rc`.:+rried. A raotion w a,; made by Tim Stove and :seconded by Tom Gabbi" 5:: to ; ae ptalA" C hearing rr►i a ites on the Proposed AN-LLertdment to thcl Zon4ing 01-.": n,ance "Co Ardeyi:i S(:-�ct::ionr G a;ad 7 of 1111arch 3.2, 1975, with zadd tons oar Co.uurLet;t by Rus e,11. Larson on tux) poin';s, 1) will they by s t,a, : a MEa oe graa d.`i atl-h red in and 2) will it be g r ant'd1 a'i:Iio:i: a i ill caa a noa-i -Lc 'll.eO :min se. - 'The following' Vote. 3.1� fa:�'or: Tlau Stone, Dan i ark)st, Jini wad Terra Gabber►a. Hudoon hol.lanback abstained. ,lot:iCA carried. 2.vri gad 11-ho ar+tation at the bottom of page 2 Under OF FX NW X, D7142,140P�' .v a ,.LM DfiJESsaOcdS fix, 4i lCa�, PWc, in i,:.he: march 1. (, , 1975, P:l.azlna.:lg �' `•;tt i;l aai:.:',e7zl L"iinut.00 to read: A. motion wits made by Ilan Herbst: ar)d Lq W).ck War:itz that the P.? c.nn ix. CCin.m i.s stioll W)od.t the plans �I.qc u,:; 3 S`-atel".I nt s that: are ca�'i�1..i.c�ble lab act t o C�gIr .n i_n.a,� Std7.A:i O:a: e'VeY ytii:d.b'ar�j.' undGiy .SGC:tion 14. 05, SLOB: SrJction 155, of the _final p'Lax-,. which will. 3,k1c.i5, drzi the, c1-x dt.[5Lo O:U progression OE CMG tr f .4+g`.%1'x�t3Zt' , a h,BB landscaping phis and its Schedule, i;i},r' de,'Cui:#,cd the :a.igil'iing pl ?a, Yiryayntr;:?,;ancc, uoei: and con'r:rol oz' ths, c�Iitiit ;f3i"e .d.4.7]y pla ns and ijJeci-'f1- c:ial; Lons , i:i10 0:C i.Il e w': e yrt xa tf , c n'd fi:he1 L� 7C t' ' •a' P .►b a . .. C . d �' x report's x�, �Ari td�o Cx.'i:;� Z.�.�^ 1 rC. x:•t,�w� 10 and Narcl3 710 1975, and 't:h+a oxi,�U rep-p;cL :Cram th,;.-, City .W"11" iac::CiV o+:+;tl+::llc i.X1,g w ith . tha ci-":,!r PIC- filar l's report'; 0.11 'Che ):cad, in.'F : xiiialk-lon be submit. -Led to t.he C ."+ -ty plannr':a: The use o2 t.hat building ng be ub.j rir. t to t hfFi approvals cal. n<.::t-;;a>aa,ry 5talf.-G and C+ una :Y Qa-AlUc:1 l s, such as Stla'to slu alth Boa-.i:t:i, 'd: Bu �,�.d i� nq CC�de e S*'—a e 7:'i �: I�e�:1 :�i�+l.�. d Mra t;: C:}�olii:an Foal-IIth Board, , Depari;irten►: of Public Welfare Rule The fo,i..i.owi.ilg votc.sd Jiut Miel.ice, Niek Warit°5r., and Dan Herbst. Tim Stone c" ad Tcm Ca!+ ,ba t voted no. I"Totion' carried. Z. q was ra uC:.e by Tim Stone and s�:co nd'ed by trim T9 L(! ;,l.11eo i;6 �.�,fi rj: -Ove 't h,m P'I.:.i. Cal .'`1.2 A '1,9 7 5 6, Pl.a��a� ing Coy(`" s.sion ktl:l.nU.d'4,:es as zviien dod. The ill t Vor: Tim. Stolle,, Dan Ha lxst, Jim M.-Lellc.'.•, ruin 5%-Ioii1 Kmdson .11ollL-n cacti aa1bstaa i.nead. Motion carried. ed. r" Dzin Herbst did no : take ?� a,: 1w '" f the •q �.rr. `�R�a~r� ;�;.rort3.ozl cap. ilTld I^ zs. 1�irta+. ld Ixe d, .3060 ,uTJne f:C.3C7ai C:i4.2"G F_v cniO M:. and x :' s. �t :i,Y y P�schl eit, 3840 Loiie Cedar Ci cl e were iarasenl:. "rltxdsor, `'Fio .. ci,)_s7;; ck rhF irad .this— portion of the a1 ovati.ng. t 3 iti%1Uo by Jim P�Iiall.o. cE.xad seco�A3?�tv,d by Tod, C£Laaloori, �:�1%i'i: k tLe F' 1"1ZYtaAng. Ccalu.l s ion reco iva.end tca Clou►vcix ichac Sc Ctloya 1.9.1.3 of: 0; C1�..1Z. cAf;E3 7 Jail ►3ca:d.t7 d y:s3i `+:. is particular r .deveAla'?pSient 5:oL x-ruasozxr, t 3 a area is near the li.nti C-a which would -;-. iggek this 3.?;:j:d ng a ;a ,so Qlcat 'i.;.17:is Is an o:xea clearly suitable :.r,%-. r:dngle .(Ic%, uC..e Ci n The E.01 .0wi.ng Votwd in ia' o.iA : • �Jl"OTE1 Gzabbc t r R-adson i14('1 1Cei'lbaxk,. and. Jim Ira: ol.ko. Tim Stono abstain -ad. Tan Horbs-'. dial not I';ota.on carried. . •%.i i. ..Gi\a,t11.,,;.1 '•,{. a: as �A,...,t11A. ln. E::Sa l�lcil: l':11 4�? y .�.1 %;.'l ^1 / 11'11=01d e pi:d-0 r it.,,,r concern is the highway and the tra:efic, secondary is the in-L—le rit-y o:Z the area. We have a Concern about the access to tho lahe as fay: as it being a.d:!quato. There is a historical hare we should look at and p oteot. because oZ Chief Shakopee and the A: dritt. who was head of tht✓ Minnesota Piri 'ade living in A Ii:Oi:..ion xlas made by Tout Gc7.�°bbe.vt and :'i•e4w'o'nd ?rd by ,.J in, 1,1J+ o Ice to t'.zkbla . :�.:'-'ay �.an On, the preliminary plat until tho April 9t.h m.eUncy a P.'-Le jLh Cal-ce the- su3JGstA.:s 0-f the P,Lni-t,n Commission and per-s©r.s. The y:oliclaing voted in favor: Toill s 41,�..� c:Ai c E: ; arld :,t:.'.m Mielke. Tim Stone abstained. Dan Herbst did =14'., vo- .en Motion carried. iF Tti Rid-t^`lRe u'+ atL:d this m0uld :.i:3 ti � 1 or Ruzse3 l L Wit' o'1 � a � a...:�c:a 't..G C�:i::l. Ge:.23 011 tale s;pp •"r.4"ability t.1:: -L-.he 6:ow'P.-�.�lnnts,, I t lixii-, "I h,, s J. , p:%?,v.F0'„ca I a-ZI-I a r than does not. Ilcl. ve to, , bjf�901-0 t'1'll:e Planning' i,]1[n i n convitl so ii oa Z:t.(:: Ef :rty7 &3i1e21 the f:Zlar,r:nantS are 1l'{oire nG-a "+.'�1c'y. s7: C' •:i 3,". iC s.i3 tialt� i`:r a:tfic probilds` o. on rx19..1rAway S. Zvi ;: t, ccwg: jc- &S soon .ail tl:c houses az aYou tc'aic a ab�..�ax'•a f�•.. ca�.to Cotanky ' nowt iS but who ica awc whzt,n that v7j:�.�, ass:. :�: •.tj.3-ko, '" o sctc. e what .can b SF +, °t-�r•, !'.. 9 �;x �w *., .• ry c•..., h a�..f. ,r Y "-I 'A •a, e �. JA.I�o Aaca.:o i�,ald;:.•. .sdf.�u•.tA n;t .,�, �'�.�t:.ael,. o:J" �,•'3{:. 1,�1»i£i:mot d�l,n1 to re cnaf:C the .1peaad li1Es.'Lt". along 4:hCn1t pzxct:l..oa co; ,U1f, � c::;:z:i c3 :ae a o a ria : . •�sa�,x�'� .o„;. Cc:►ml,d..�l he -2:�.;i I :�rc)� 1 tho lotr bo 1tii:at'•;;:ss 110 : �i,,, 1 iz th$ :Z bid...ditch1 Alla •^ :. k t'"oi: i ent: '� td. s �iJi �.'1%l1way :L$ t-0 thia, and c'J°.3.ld the fill bo used zo:'c a dec"Ole xai".? dn' lalle ? t 'iii % ,Caxi Gy? r liC.C.-to by 'dim 7t:o'na and sC:'o axl£�lf- d by t�im "Mi a -Pica to ac-53", to .' 'the y : a. g a't w r'ht"�' yr.'��+'C.�� oM y'od 'P'L t:. T"aa•' �i L��:., �.' ,�'. L.t'k�. � ��%�k".it��a 6. iH � i.: Cn J.n l �. i.. 1 i >.•� :.'.'.+.»btu �,;0' 'F:C a 33 ir.'4'vOr : '�'.''1.1i1 ai»'�1" a y Jim MJ-o-rVdCt1 r ��.'4'1m GW'-.)bta t,, c"aw-A' i:ls9c `iC..3• �,i�.l. ,i�Z1�s�4�: ►m %Ic" n Herbst', did 1101L: vol;O.e- on G'itl:e:rie d. T_C1_ t` d a�'��1�I,ri .�.'f�� XWD 7.04, �y�� :.,,,..�r lr.j' 7� ." rr r� s v ,„� _ Vd,.a. �.1 i.lA •.nd_. .T o � �IIFo�,...,dl� �1 C%i �;i b1�4�+1j F.�' urdl;:itR��{�C "iid .yy�,..�,f� r �, v9'11 , €'M tr t s o 1 r � �. 1 iJ 1,0 �11I. /�d.'{. .Q,a n�'. 7V'rt:i .. (,�.f t.11l.�;� f. "r' .� :t:%,;i.::i.;..:.lt: t a p Sao'tiw-i1, .6. 04 alid 7. 0"1 tO LICq:AO M4Y voted •Li l a Von.: iYj.iil 'i'C:;:ii ' �,,;•a1:YlJs'k . ,°c uds'ar.: ;,Oo dilly cOwItOZ 3 in an liIA ' I).f st:xiet t.:i1c1"l &tn 3z i : � ..^ti{er3.4: r ,D az ��ns {{•�:� 'Er:.NT t,.aa �3'Vr--R` - C'OWJ3:9: �� 1Oi.R'. X'4 t3SB. `?'EBM11" t T.'aa Gh �, xirt�:ul :. ...., 1�.?: 2t:°'t�.�Y.f .°o mZ�Taa W or, EI MFAJ:y CEI GAG: :c,C1'.�Iste,�".ea A .Ely :sl ".f::, a to .!`s': m cle by, .Zr,-6i�� )Ti ;i,w'°lllco and �r��w �y t y q��p �ry•� f� /� /'� 4.J• ,,t ��.r /'�i \ 1 %.F �q,M• a�n tr,.# tad i1 r.\ i. I'Ad i i' � a •''a ?.v �"• '� n ,p l �.� ..i.�x1�.:�, u��; 1c;.?^��1:�. 1a:.. gi-rl'en1 ;;t C,:F,:i,:�.c, Lt.:i:xla:la,. ml:ia Church off: �'he toigT:5.R1g c1'a;xi av: wl to s'�n �) P. p y - F, . '4. : oh :11; �:til �:,, t.�C7 .,titifl: €:� t'ati 13i: �'l'' t.t�;i: tL; L"t1S :� .t•i+J :sV ether sst�.,pi.$�,i't1� ioaps ti' hz'it: Ule Brcm;r d l:Lko to On the o 0 1mat: ion 0 : tho cr ni w. Rio it be part o:C 013 '1.'he px (:9g9:'s7tii3Ta :UO3." c��i i, 3,:t1 C3 L o°�Y � �ti � Sr �o '" ► ^ , 1 G3 01 i.0''': {{„iig iiotcid in favor; Dan hYerbo-'k'." IWAson u},01 ia.C;c?.iJa ck, aJ:il.ilt -mad Tout Uabbe,'C t o , Tim Stone abst.ained. ilC'D`i:joyx Carriet.j. t'.�;,',��`?;�:'"aa;,��`a�t.��a� +•x�i�:.�i�iJP,:da� �:e"a.F.�•�:L�:a,,: '.�A,'h�:3 ��.�,x8:ir.•i� ti"t�.sc;3�i�%,e::d f.rie '3d�;�:�,a^,t�'�:3"^1 :� a "-: i;, i i:.Alc� wr:�i: i •she :��.x,a� .s1r � aruais-sic . He will P Co aed along taai Zoo the 0har ;ax67Ci'3du es. pia:Lili'1ing CC3iT1►►iiss ion Mirm-Coes i':arch 26, 1975 F, =-tdT7—,,6 i:- t �a a. s -Fic 6136—s- e-d- P a iF R "T County is developing an open space pl aad zoo a county w4 de open space system. the Cora it;? deA":&],3,iili;`e thc:.:0 is a 11'ead , .Eor a County fzx:i.lityo Chr mhassen has tw o xmpS:owrcti;'i..wttives to 'Lhe Counivu, Park Open Space cdXtmli.ti"''.3loza, I^f4ircjaret and Dt.:iiiS StC:Ctaac.:x1. °3.hey are 'going Lo prepare a. maste-,pli,-ia 0:,: a E;:o'L"tnty Park- tEicil,:i ty. to ataC7 ; ,eii3 was made by Dan f-Y6:i:bst -and secondeeA by °firm iac"1bb as 4. .d:9 I"C3GC}m"'IeTP,d 1XIn ;qtC;na to C'aX 03 CGi3,1."at V."Laaa cCimTiiii". ma ."-,W:rJect to the. approval. of. the .'tark and IZL'.4:a:e,::aA;ioia cc: ai",1o's, .011t. t3.ha 1-murpose oZ %Ta lich would brr,^, to keo p the Pla.l?.mi ng Ce:.ti7t4f4:1 s sue; On :i.Ai'zC3h;f►ked O the zta'a us of the *q3Cop©sed Cs"is:v4. r CSlunift,'.y 1 61,1 t . Even if Tim Stone is replaced by teio "v{al_1iiT Esra?r that he continue to ba a liai oa for the PlaYl.&$:Wq GQ."i1 ti- a,ua' on. Notion unanintously approved. __q:_�i_.C�.��POLICY�:ll �'.�T .°kIR_SEN:17 'x11cr�,'i:".it.�:t.6%al�c:i: :�:f-�Lfi.:l>,:::ai".t^-�i� '.�.�,��Rx'A.'i.�Z�j C:U:►i::i:�.�3' �' Q:t% 1'61�i:ltlt�G1'l";�i .�.t'��X��i:'+:�� '0.;.,t71�:.� i:tX1S,i ia�'�. CO. -Ile Y.eP With a ci3Ame�lili ha to a td—xa ` i"—,v CoiiM`Acil 5C''}�(�jthey t:�i�"t. J�y?.�.y�j S: t?�j�A;,ti,'�: 7.��{'.C�,.�* �s '�+?,,'?�w�^ya� 5�•�::::a'�;.�.l+'�:a..:,�ona. J�fq, r the. �'Jl'1��:".ro�.:�L pC i,. Q.'aa,l..i S,pJI,il „d� . i. G :Ji--ateod 'i.A`.J4.s t..t�i4i�'ti ♦?wt. cor,res S.pi.-. d '� a 'Iraq o �.o:';1!'i�rlo-j':,m %9.11t l: tti:.iil,c�';st nh^a. and the E:rvi"tiFO%itfi3ants 1.4-hat C$o-re naCJ e to danhaMs om. '-KF 5'.r- 'it °�' G. ; `: r. the 0 7'� t �.D.,. t ,7....1� _,►,t''�}�th. ;_ �J:L �� ia.;�:�,4',1h% Z^Tii� j1�1.�.Ci C?rh a.,�7.Fc �.k�?i'1 �3:1"�,y:�„'�S� ll:��Fkt the P"'Llesgt::'ns p 'at the ,1P,77.7;`K'ilit;: h a :ii)u 0 i^. z:a'.4 .' c d to move i? cz°lc2.i ::1c"a1. Center in't"o at T3111 ao."4001.1 1' 2' atn'n .y� ' ' o° i,CacA road �:: o". behind. �t.:�'? e b"x .�C,�.�.3.' g to"} .:�"n x:t:41h4 A C�:: 'r lil,�? -.,,od that rCad— -Ux .'w:F,:ont On the p.i, xio t:hat they k1^.":ld tho pZ'ibl.tc on, La the Planning CoYtifi,:i. rsion Sk7';7ticn they Cti*4 !i:�' t�':g V+t3X1 t vTo ali l '� ha 8:4Jaesozzy �i:at..`r"::3,.i�..� d.0 �;.hasN. .�.'it.�P }t�;� aw-in"--n:". i:i�*t^_';�,t�1: nf" pa,(,". et to the C::L-;:y P, aroi.i o; i a:2',:C.i 25. }i, all S' S;{d io in )J ach. Thesy c�]►ra ��CAt:tfl�:37�1;t i1��'.w thefire;-rpfs�.:�1.t�A1 �;��^ 4;:.:$A--y Council i l gaye thax[► initially by putting im toed in the ,x1-1 .,^1T�.T3G1:3: S*h,,cln P;d L;iteat Aic,;, al,%-d Bill Sv.'.�I:i0011, i.'atib"`ro 0.'omc, to llr-k ) i3p any ' i e, tii:` i 1.'i'la s bez"C47°1�s'�sm . r., h., y d Mtn 3 -- G-"':(2E'. a xl u� i[� �d�1 �1'i .,; a3 � wlibz y �X ,;k't PJ ti with Uv'a �1s3k311:GY.ira Z".�iJ�A[8�,� 3��x 7it1c't��,CriS. They will bi:l g(.FJ.g'Eta :...:.;a �...;�. ?,I.-T Ito 11-kke aa�si �: City cote icil mok 4::Ing to .aak tkw Cmaaxlcil to l\, motion GTo )tm,4,1 by K Qr luoil 11:l11a� ?ac°iiXC'^ aCt":SE in, «ya !1, 7.7 „'d. •i. �'. f1..3rSJ.'6: 1:.dbt'': .[,G46iAaweqr�5::):tdlwi} a.`I./{^t�oaA�l.�.l,+�tJla.�'r�,''1p 1 tfV� i ::'t :��;: 6.adA}�'� o the4e�i�;�A'�.�.::I,! Nrn1,%'�'1s a—l::ion 0e"I i;ihi;1 7."y'.� r�JR..�`�'Avi has b`aE: an ►;F..a�Jled 7:0. n5��,1ig 'rho Ck' j ;7�'�;'�i91:�1�,i ti, .:�v: zP�,s :4•? 09 $"%�h, "'' C,4' the mC':.'�^44;.a"te-ti ons a:5k'XCy covozv'.nts aar; 1,xnll F1.y.+ ,i-"d 1.i1:i4'Si'xal rwwi�i: . �:ork rol"a'iive to traffic. `J?'a(3.�c3 2l��t.,�,�r:9':i ng voted in 3:,avo:� . a ml,)+Jai FiC1 1(m.ibarS k,, jLn jM:➢. e.A,::aj, C1Y d Tom Gabe3e.E t. Dan HC~x13st and "W;L"1 all s't;:i:aLJa.d10 . Motion C:i3So:;"ied. zldjiVR. PRE.. F J.,.,xa;.X i-aar:s 20r ru M, .,A.m • � ':;.:'.,, .'u. - 't 0 tao Yw ,r;ti:;i1i its4. a:�aft i ie . uk;a. The Planner r-It ,i:e.d it take a C'itw as to whether ha can r4cons;t;:uot the building or 17014 PaOPOSED PRELIMINSFORY PLAT AND RZ-ZONUIG FROM raA '.'20 R! OUTLOTS I &ND 2, CEDAR CRC,',ST ADDITION WaCH 261 1975, AT 8:00 P.M. The P-ab.1ic hearing was called to order by Chaii-man Dart "Herbst. The followirig mmmbers were present: Tiiz Stme, Dan Herbst, JL-ti I'lielke, Tom axit.1 Hudson 11ollenback. Nick. Warit-z was a.Went. Tha fo.slowing P:CO2tEMIt: Naril;, 382,G Lone. Cedar C'J.vc1o,, Chrznhassen lgv.,-;� Cerlax Cirr,9Io, ChaiaIha,,;-Yen 7. - D. Peter- john, 106237 Tho Strand, vd.;,metonka lze)gro:�: Laahmi-?tn, 3800 Arboref;mk Blvd. lllarold Route 01, Box 750.1k, A":.xce1r-jior E. Scotl-., 741.1 2-111mawaslita Pakway, Lxcelsjior CovuicJULY.ian Shulal-ad,, 8031 Cheyenne, Charihaasen .A Dan Hexbst read the r;ablic hearing aotice as pvblished in the o1A2ic-&.al ai-v!,-Y nawspaper. Brum, "Ilankonin, City Plana"-*, raviewecl his repox-t Of January 2, 1975. 'Che xrazar. . .7. ing peUtion 1,u covisisten-t wii-Ji tj-.�,o spir-J.; < and kr`fa t 0 f - t -y's plam. -ic Ang Commisoicm should -� - n . he Cit TI - Plam to th,,-;i Citv Coumc:'U that Sec -,-,.-Lon 19.13 of Ordinance 47 be wa:Lvtid. 1.1'hcz rea'sorl waiver. is t1ke faci; that the p%.ttitlonev ,3,Wbdiv1*dedA laad Ordina-Al a e i3 c. o i i c v1rr e X-A i; 1 -1 L t1 I a Q YL 11). g P -e t: .CrerA_1,4C)jj C(ZjU.(j-'Gk, ta theix- March 3 m4tJxqv ailed Rn in using ;% U.i c,r)aubA.na-t.,Ao.-a wi;c-h nccighboroa3. jCY�r(], . eL. fh.t.;jj..j.VC3.'"`.dog -ate la "a, accesa to for t1ae reslden,;s, o" U �_ A A' 4. 1 'A' Z The, City Planner 1:'ac:i'ALS the da-valop3m t:,�hould Lo—i: 'AL, 2311ock 1, in "Llts 0311t1.rel;y and use said lot for co�,,�mvcxa 0.1,?0111 SY142CC, fo.r access, Purposes. 1-IG recommended app-roval q& bvlbj(-,.,�ct to %X.ha I T.,he .0,agilleer's asisesf-n"I'arAt. 0:� azty real pote.'atial t-rak:Uc and '6ess pxoble.-ms at Cedar czest Drive axkd. FlUghway B.. 2. of drainage ax-aa and &.4m as, autlin,�:Z in the City t dated Fabruax:y 2"', IP75. ropor 3. :on of OtAlUot A s a ll e"el t1hat co.mbi Des ac�z w rl-k"11 1, 20, 3,5, G, 7j. anad 8, Block 2.. 4 T'ha- Planning comvd. ,.;Sion Should vecoxrm"ren".d the C:f."k!V Council grant a to the road profile sactiox,lo as outlinea in the City Engineer's report of Febreary 26, 1975. Bill city F�mgi%leax, 5..f;,,v4.nTed his. :cepart,.s of LT..,."mua.x-y 3, 1975, 7," 1 x 26, 1.975. Re zlig-go-s"Ics that the grade to 1-.11- amldr�:Sac L'a 41,01,1Wx.. c?s` 007--nor 11"G. i1ir-mews-ed -11--o albout 11t. rllixirr wc.)tiAd much 1--as 0.rivvr(ja 1and and will the 6�:kv-elvay q'ra.des to 0-i%,vJ,e1; aad require* lass. dis-placement (de" the dLrt.. - The dra.imargo goad i,.be P%'o.a70kax-lev is subdivieled :Urst with the rm.1,A ov,'o- Omtiot Y� should be. re-11C.a.ined as a sunp. IP-1 1--" nv,- it the to .4.110 "lorth 4"J" not devolctped A k ,110 sr:t"mld x�;Ldditioa that a �smal,'). carth (!,-xii about 1;wo if high bc, across, thra. nortll porticen of p-lat ir4 oxd(;:,z- to planning capacii;y for th(� runofr, CSC-W!A:C and W�1",,C,,j7 IS covist.ructed to al.".. the. lolhcs� na3e�A, oil nevell lol_ j."', no coridition. thalL will require imny traf-Alic on the '6at5ranoe to the plat into Highway 5. .4 help. i.aJC�!I4L1:Y Plat al ld :11:3ZOYX..'llcj D-la:f.0h 16, 19YS --2-- The C.I.t:.y has received a letter dated March 14, 1975, irola IAr. aad !,D s. u►,tes Lipe, 3030 Lone Cedar Circle, regarding this proposed plat. They are concerned that t t there is no entrance for i:.his development gr+L m County �.� a oad 1.5. This will generate a lot of traffic on Lana Ceraaw Circle onto an6 cuff of lfigkc' zy 5 at a vary hazardous corner. kb:. and Firs. Napa ,112o askc,: d if the covenants governing Cedar Crest will also apply to Trolls - Glen. A date` March 21, 1975, was rece:i.ved. f'"rortl Mr. c'9lnd 14a-:l. lzoq ?"- .,u�.': 380t.' Arboretum Blvd. also e..presa act concern ab©ul; the r.ti�vexzarit: restrictions, and ar=e as Onto County .lead' 15. 'hey also feel caals�.dera i.an sY'could be given to a.dd�.ta.Oxxal. boat trrafkic can 'r.:ho lake. 11,a7clost ,. �'I.anning Conmission Chairman, an, aubl-Atted a I-C-ttter dated M,, ch 26. 1975, stating that he will cas;N-is - with tiles pilblIc hearjazg oaa this pKcposed p.lat but will, abstain during the d ol.i lberations as l,to has oQw.sa.dc ared purchasing a lot from Mrs. Pa erjohn. tl'hAe 1--aarb ing was opened 1t".or ccm-ment , from l:.'i"so ns pipe & nt. Ral.'rh pant 1 am not op; osed to the rezoning. The I ii,.a e fl at.iivj .pt:aa are larger thanPthe �l,o�ts p o o sod in'c he, k'ae�'r To be cuns�..s'iGeiit would arse:. "1,..�•1.L t; �%V.'�.i i�.L..I ly -".he l f..:.i bu AIi da. larger. The most important I;3xoial m is the hicl v'i-i,;r entrance. it a hazardous, 5:P'Lu+;°.tion. The 'J."Qa(iw,^y is with deep Culverts On eit:hex. s:i.do. Thea:e 9 7 a h l]. and curve to the west on IIigxaway 8 people coming from thc. x .1.11 not see anyone si�oppecZ 'Co tL31"Tia t:�: this is aqpp�:�s5i'�;;L',. 'inl':Atl<'1ou-I. access onto Cc}tia?rE•S.y Road •3.5 you will a c,:coa'i=:Z"1'�i another pxobl�mxi for your,se-O f lixi t:11v cor.-a.aig yea.vs. X woial.d axU e that clevelopmant be postponed "n'i:il -;,uoh t.tlyl a a Rana access to County Road 15 can be included as part of t:n development. 1:Cr+'aC"'; lac".C12ati IZ "" 1feel there should be soiree access onto Coi inty Roi,d 3.5, a. F.i. u'c'11ooll. - have a meeting with the Ughv7air laepart"li(:n'1: cP,.'ild Will t tj tee yet a dece.-Ie:::at:g.on lane or, k'--he noa: .'A-x- , 6c��:± of Highway 5 caste of CGdaa: Crest added to the H i ghw,�ty 5 PrOgr aIll. '. ri'f;0 C .•i:.y PliiTln C,T: has received a Phone f:O.1frbm the Victoria C��.�..�► C 3.�<;`I: :, :a,::x.:r%J they are oplaQsr9d to ia-,,tend�lng elva cul.-de-sac to County Road 1.5 'Cll ka viOI—o: ia. An access to County Road 1.5 should be th.::ofxgh 4i. LAIlZi c,:+(�;, n. not Victoria. These lots are above the f:;ity. average lot .s.1,2e re quiremait of �15 o 000 squa%e �e� "�.. X will t:,a%-e yovt. : advice about fizakirzg onalot-can i--h.e l.a,:e pu).- aU,;. vlf'c [7 an'Z, to 'Caep tX115 F,.5 ra pL-jtiC-14--,r % . I 4' aiit: the to be tared for sY,r:i.n,W.a -g not boa-I-Ang , We luvve the beach all,owanoe to 65 fect by 40 feet d op. is i,;otion was made by mUmi Gabbe:rt and seconded by Hudson FIcal.leslb4,c1. to t,:ilo public hearing. Motion unaai.Mousl.y approyed. Heaxina 02.0ti;Cu; C-OZ30 pm. CUMBASSIN 7610 LAREDO DRIVE • P 0. BOX 147 • CHANHASSEN, MINNESOTA 55317 a (612) 474-8885 PLANNING REPORT DATE: March 24, 1975 FROM: Bruce Pankonin, City Planner PETITIONER: J.D. Peterjohn DATE OF PUBLIC HEARING: 8:00 p.m., Wednesday, March 26, 1975 LOCATION: Outlots 1 and 2 Cedar Crest Addition EXISTING ZONING: R-lA Residential Agriculture PETITION: This petition involves a request for two separate actions from the Planning Commission. The first involves rezoning the subject property to R-1 Single Family residential and consideration of "Trolls -Glen" preliminary plat. Planner's Comments. 1. Rezoning Petition. As I stated in my January 3 Memorandum, the framework for evaluating a rezoning petition is the adopted city plan. The Planning Commission must find, after appropriate public hearings, that an amendment to the zoning ordinance is in the best interest of the entire community with the plan being the foundation upon which to judge the proposed amendment. With this criteria in mind, I feel, the proposed rezoning petition is consistant with the spirit and intent of the City's plans and should receive a positive action from the Planning Commission. In additions I feel the Planning Commission should recommend to the City Council that section 19.13 of Ordinance #47 be waived. The reason for this waiver is the fact that the petitioner is subdividing the land in accordance with Ordinance #33 concurrent with the rezoning petition. Planning Commission -2- March 24, 1975 2. Preliminary Plat Petition. a. The criteria for evaluating the proposed "Trolls -Glen" subdivision is identified in Section 7, Ordinance #47 and Ordinance #33. b. All lots to be created meet or exceed the minimum requirements as outlined in the appropriate city ordinance. C. Sanitary sewer and water service is presently available to the subject property. d. The anticipated traffic trip generation of 28 dwelling units @ 7 to 8 trips per day with 12% of these trips during the peak hours could pose some practical problems at the intersection of Cedar Crest Drive and STH 5 between the hours of 7:00 a.m, to 8:00 a.m. and 5:00 p.m. to 6:00 p.m. In recognition of this, the City Engineer should quantity any real problems that may exist and suggest mitigative measures. e. The Chanhassen Park Board on March 3, 1975, stated that they were not interested in using Outlot A, in combination adjacent properties to the north for neighborhood park purposes. The Park Board further recommends that the developer provides "adequate lake access" to Lake Minnewashta for the residents of "Trolls -Glen." Continuing along this line of thinking, I feel the developer should elimate lot 1 block 1 in its entirety and use said lot as common open space and lake access. Planner's Recommendations. Approval of Trolls -Glen Subdivision subject to the following: 1. City Engineer's assessment of any potential traffic and access problems on Cedar Crest Drive and STH5. 2. Construction of the drainage area and dam as outlined in Bill Schoell's report dated February 26, 1975. 3. Elimination of outlot A as a legal parcal by combining said area with lots 1, 2, 3, 5, 6, 7 and 8 Block 2. 4. In addition, the Planning Commission should recommend that the City Council grant a variance to road profile sections as outlined in Mr. Schoell's February 26, 1975 report. March 21, 1975 City Planning Commission City of Chanhassen Chanhassen, Minnesota Subject: Rezoning and Plat "Trolls -Glen" Gentlemen: In regard to the above proposed rezoning and platting of "Trolls -Glen" on and near Lake 61i,_newashta, the original restrictions should not be disregarded to the determent of the persons already residing in the area. The original cov- enants and restrictions written in 1962 limited area to residence lots for single family, maximum 2-story houses with att,cbed garage4 The residences would have a minimum of 1200 souare feet of finished living space on one floor and a minimum of 1500 souare .feet of finished living space on 11 or 2 stories. All this fl oor living space to be finished during construction within one year from start. The 40 foot set back from the front of the dwelling to street could be varied to prevent destruction of large trees in special cases on a few lots at the permission of the residents. In addition there should be written into the restrictions that no part of the dwelling or garage can be closer that 20 feet from the lot line. This would prevent carving tip of larger lots into small ones that would further enroach on the original platted large lots for family privacy. We coo not onr,ose the idea of additional lots and dwellings because of the small lots but on the basis of traffic congestion since the only egress is to highway 5 and already we have had several accidents at the intersection of Lone Cedar Rd. and Highway 5. There should be access to Co. Rd. 15 before this dev- elopment is allowed to proceed very far. We also feel that some consideration .for our dream of large spaces at the lake should be considered with lot sizes restricted to at least 15,000 to 18000 square feet minimum size. A copy of a letter from the State Highway department is attached concerning the above men- tioned intersection. Some consideration should be given to the added boat traffic on the lake with so many homes with access to the lake. The increase in boat traffic will increase the chances of accidents between swimmers, fisherman and speed boats. Very truly yours, Roger & Muriel Lachman 3800 Arboretum Blvd. Chaska, Minh . 55318 CUNBASSEN VILLAGE 7610 LAREDO DRIVE • P 0. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DA=:, March 20, 1975 FROM: Bruce Pankonin, City Planner TO: Planning Commission, City Attorney, City Engineer and J.D. Peterjohn, Petitioner SUBJ: Proposed J.D. Peterjohn Subdivision "Trolls -Glen." The following enclosures should be included within Exhibit #1 J.D. Peterjohn Subdivision file: Enclosure 10: Affidavits of Public Hearing and Mailing. Enclosure 11: February 26, 1975 Planning Commission Minutes. Enclosure 12: March 3, 1975 Park and Recreation Commission Minutes. Enclosure 13: City Planner's Report Dated March 20, 1975. March 14, 1975 Bruce Pankonin, Zoning Administrator City of Chanhassen Chanhassen City Hall Chanhassen, MN 55317 Dear Mr. Pankonin: We will be out of town on Wednesday, March 26, 1975, and therefor unable to attend the hearing on "TROLLS GLEN." The one concern we have is that there is no entrance/exist for this develop- ment with County Road 15. Twenty-eight new families will generate alot of traffic on Lone Cedar Circle (Cedar Crest Court) onto and off of Highway 5 at a very hazardous corner. Left hand turns off of Highway 5 onto Lone Cedar Circle (Cedar Crest Court) are extremely dangerous. Also, we would appreciate learning if the same covenances on our property will apply to the lots in "Trolls Glen;" if they do not apply, why is this the case. Yours very truly, James Lipe Dolores Lipe 3880 Lone Cedar Circle Chaska, MN 55318 STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS DISTRICT NO 5 2055 NO. LILAC DRIVE MINNEAPOLIS, MINN. March 12, 1975 Mr. Roger D. Lachman 3800 Arboretum Boulevard Chaska, Minnesota 55318 In reply refer to: 315 S.P. 1006-12 (T.H. 25) 1002-12 & 21 (T.H. 5) 2701-11 (T.H. 5) From Norwood to T.H. 494 Safety Improvement Project At Lone Cedar Road Dear Mr. Lachman: We are in receipt of your March 1, 1975 letter relating to the above refer- enced project. There are many intersections along T.H. 5 which could use improvement. We have a very limited amount of funds with which to make our improvements. All the intersections along T.H. 5 were studied as to accident rates and the severity of the accidents. After this the intersections were ranked. Those intersections with the highest accident rates and severity rates were our top priority intersections to improve. Because the existing roadway is in a high fill area with a steep slope, any attempt to widen the inplace shoulder would require a substantial amount of construction. As mentioned above, we just do not have the funds available to do this. Personnel from our District Traffic Engineer's office have talked with the Superintendent of Schools about the bus stop. It was decided that the school bus would only stop on the north side of T.H. 5 except for extra activities. They also had a warning sign installed for the intersection. The guardrail installed last year was of a type that the posts are designed to break so that a vehicle hitting the guard would not rebound. If you have any further questions in regard to this project, please feel free to call. Sincerely R. A. Elasky Layout, Research & Development Engineer a• CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) BARRY BROOKS , being first duly sworn, on oath deposes and says that he is and was on March 4 19 75 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Proposed Rezoning and Preliminary Plat "Trolls - Glen" in the City to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of , 19 7 5. ry Public KNY KLINGELHUTZ NOTARY PUBLIC .MINNESOTA CARVER COUNTY ' My Commission Expires Jan. 30, 198i fir Ic a CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED REZONING AND PRELIMINARY PLAT "TROLLS -GLEN" NOTICE IS HEREBY GIVEN That the City Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 26th day of March, 1975, at 8:00 o'clock P.M., at the City.Hall in said City, for the purpose of holding a public hearing on proposed rezoning from R-lA to R-1 on the following described tracts of land: "Outlots 1 and 2, Cedar Crest Addition." NOTICE IS FURTHER GIVEN That the Planning Commission will meet at the same time and place for the purpose of holding a public hearing on,a proposed preliminary plat known as Trolls - Glen subdivision. Said public hearings shall be consolidated as one hearing. A plan showing said proposed Trolls -Glen Subdivision is available for inspection at the City Hall. All person interested may appear and be heard at said time and place. BY ORDER OF THE CITY PLANNING COMMISSION Isl Bruce Pankonin Zoning Administrator Dated;' March 31 1975 Publish March 6,i1975, in the Carver County Herald. Un= ` =rsity Arboretum I Rt. i Box 132-1 Chaska, Mn 55318 jJames Lipe j 3880 Lone Cedar Drive { Chaska, MN 55318 1 Arnold Hed 1 3860 Lone Cedar Drive Chaska, MN 55318 Larry Buchheit 3840 Lone Cedar Drive 11 Chaska, MN 55318 it Ralph Kant 3820 Lone Cedar Drive Chaska, MN 55318 CZ- Roger Lachman 3800 Lone Cedar Drive Chaska, MN 55318 r Waldo Bunger 4627 Wye Waye Lane 7-57, Knoxville, Tenn. 37920 020�� W�� } City of Victoria Victoria, MN 55386 W.E. Scott 7411 Minnewashta Pkwy. Excelsior, MN 55331 J Ric 7431,- ewashta Pkwy. Excelsior; I,94- 55331 Kit Peterjohn 16237 The Strand Minnetonka, MN 55343 State Highway Dept. Mr. Harold Pinky Park and Recreation Cam-aission Meeting Ylarc:-h , 1975 City lull. 2:30 p.m. A special Park and Recreation Co.,�miission meeting was called to order on . Monday of •4ernoon at 2.30 p.m. at City Hall. The fallowing pu=, ers ware prezen ,:. Vivian beau r-a1a1, Rich Lyman, Ilarga:ret Thompson, Dwight Leatnam. Chuck Hirt awed Denis Stedman were absent. Ran.r.lxe I Of Pral minar.y' Plan 2or "Trolls -Glen," Pe_ ko r s ohn Tract: A mot. oar was Allade by Rich Lyman and oeconded key 114 arrsaret T aompoon -ahat -ekja- Park Board is not interested in outl.ot A for pL.:r3"- land.. The drainage area should be evaluated by the City Engineer. Motion lac Park Board also fools that the developer should provide adaquzece lake . access for imaediate area hone owners, The Park Board wishes the Planning, Coramission to apply the park : ea on "ri.'rolls-Glen" for park pra poses. A motion was made by 14argarat ThmLpson and seconded by Rich Lyman to "adjourn the meeting. motion carried. 1 5:00 p.m. Vivian Beaugrand Acting Secretary ixj GULAR PLAMIYAG COT -MISSION MEETING IFEBRi ARY 26, 1975 ,. The meeting was called to order by Ch.airmaal Dan Herbst. The following { aite;r►bia s were present; Dan Herbst, Hudson Holieiabac , ji.m M i.el.ke, and Nich C•Iaritz. Tim Stone and Tom ►;abbert ware absent. Barry Brooks, Hayor I:li.Agelhutz, and Councilman Xurvers were present fo;` part of the meet'. r! ng. 1111-IUT E z A motion Was made by Jim M i.elite and cec:onded by Hudson Iiol.lenback to approve the February 12, 1975,. special P Laxlning Lc�nun:is:�:9.oan minutes. Notion unanimously approvedl. Mend Toni Lore's answer in the Zest paragraph, page 3, LYP'AN LUINBER - SJKl;TCIi PL2.V.l of the February 12, 1975, Planning Cozmai.sEi:i.on minutes to read: Iir. Lowe explained it might be used fore expansion of the millwork k plant or as a ,ales office. It might be some kind of assembly plant depending upon building trends or sold for^, dove lopment. A motion was made by Hudson Hol.lehnback and seconded by Nick Warit z to approve the February 12, 1975, regular Planning Co-i mission mi.niut es; as amended. Motion unanimously approved. Ia �'BT ;1'.,SOFi�� w PROPOSED PRE'L.�PI�MARY PLAT.-- :. U s . Pete:1: i ohl'1 was pr.: went. le C:it:y Planner rev zi:�c'-i:i�� r"epor . ofk�' ' : zzary 24, 3.975. All. the I oto meet: the requirements of the Rl District, . He suggested that Qu lot A, Bl.00k 2 could. Ise combined with properties -to the north and could be used as ,a tot lot in the future. This should be forYn7a.X'C.ed to the Park and Recreation Corazrca.ssion for.their input. He feels things are in satisfaci�ory order for the P.Iai=i.ng Cozrtalsasi.on to order t a public hearing. Bill Schoell gave his report dated February 24, 1975. Cedars Crest Ccour: t will dead earl at the north property line but at some time in the !utu a could be ea.tendcd to the north. This plat will havia buried ed utilities. The drainage and utility e�asei,,ients� are-,12 Zest in wi.dt"11. He stated chat: the value of the propel ty along would bf:l ernhanced :� f the Pei er john ° s Erould reduce the number of lots afa: �.® it by one. There should be a deeper easement along the lakeshorre than la fee-'.; for lace access.. A Mot d,ox1 was made by. Nick War ilz and seconded by Hudson iTol lo_n'aack '►:o sche'ule a public hearing to consider: the proposed .pr eliar►izary plat and razoni.i1�,; front R1 A . to R1 of Tr Tolls -� Glen for March 26, 1975 r at �:OQ p.m. :4otiorn unanimously approved. DAY CARE CENTER -- LUT115?Rdl, CHURCH OF THE L.%'VIING CHRIST : Bruce' Pa:`konia tor al -day Care TCenter to ,be operated ;i�i conjunction with the Lutheran Church of the Living Christ. Pay care centers and churches area not: in an R1A D i,s:,ta: i ct •. 1-19 has advised the Department" of Public Wal.f.are t:hdat whe use io not opecifi.call.y permi.t.ted 'in an RIA District but' thRt he would this mattes: before the Planning Coiraitission..to order a ptxbl.ic h.ear:i ng Zor an amendment to the . ordinance. (� A motion was shade: by Jim Mies ke and seconded by. �.1ick War i.tz f_o hold a publric hearing on as a. endi►ioznt to t-he Zoning Qrd,incnce. 1-o , a.aicItide day care centers as a doi�di.tional use in both RIA and Rl Zr,nIng Disl.—riots for t-larch 26, 1975.,'. at 8:39 p.m. The fol.l.owinq voied in Favor: Dan f , WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS 1612) 938-7601 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 February 26, 1975 Planning Commission c/o Mr. Bruce Pankonin, City Planner P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Review of Preliminary Plan for "Trolls -Glen", Peterjohn Tract Gentlemen: We have reviewed the preliminary drawing of the subject tract dated February 17, 1975 with respect -to roadway arrangement, possible utility construction and drainage and have the following comments: ROADWAYS & I be the arrangement shown is superior to any of DRAINAGE the other plans submitted previously. It provides for a future connection to the land on the north, along the lake shore, it does not involve road construction by another muni- cipality in order to be operable, it serves the homesites well and it economically provides for utility and drainage construction. We recommend that the grade of Trolls -Glen Circle, in the SW corner, be altered to provide for a vertical curve where it meets TG Lane and that the uphill grade be increased to about 11%, terminating at an eleva- tion of 1014 at the center of the cul-de-sac; this is to provide a less steep approach to the homes bordering the circle, and an easier transition into TG Lane. All roadways, except the north 200' of Cedar Crest Court, drain to the sag in Trolls -Glen Lane, where catch basins are indicated. We have not made an exact analysis yet, but feel that not less than the equival- ent of four catch basins connected to 24" piping will.be required to col- lect and transmit runoff to the low area in Outlot A. If only lots -abut- ting Cedar Crest Court are developed in the first stage, it is possible that construction of underground drainage may be delayed until Trolls - Glen Lane is built. After the pipe system is installed, it will be necessary to tempor- arily build a dam acress the north edge of Outlot A, about 2' high, to restrict and prevent any concentrated runoff flow into the property to the north. We believe that when the latter property is developed, a .satisfactory extension of the drainage system can be built to the lake, and the temporary sump partially filled to make a neighborhood playground or something similar. SANI_TA_R_Y_ SEWER Lots bordering the lake shore abut an existing sewer. The remaining lots can be served by a new system con- SCHOELL &, MAOSON.INC. Chanhassen Planning Commission Page 2 February 26, 1975 centrating the flow at Cedar Crest Court and Trolls -Glen Lane and running downhill to the existing sewer between lots. WATER Water service may be provided by branch extensions and services off the existing 12" main running through the tract. RECONMENDATION It is recommended that you approve the subject Prelim- inary Plan, subject to the exceptions noted in the text above, and further to the submission of engineering design plans for the drainage and sanitary:sewer system. GENERAL COMMENT While not an engineering consideration, I believe that the developers would be well advised to reduce the number of lake shore lots by at least one, and possibly two, in order that this valuable property would be more suitable for the size and style of homes that'its situation warrants. Very truly yours, CITY ENGINEER WDSchoell:sd cc: Mr. Barry Brooks, Administrator HANBASSIN VI L LAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM DATE: February 24, 1975 FROM: Bruce Pankonin, City Planner TO: Planning Commission, City Attorney, City Engineer and J.D. Peterjohn, Petitioner SUBJ: Proposed J.D. Peterjohn Subdivision '"l-rol.ls - Glen." The following enclosures should be included within Exhibit #1 J.D. Peterjohn Subdivision file: Enclosure 6: January 9, 1975 Planning Commission Minutes. Enclosure 7: Proposed Preliminary Plat Trolls - Glen Subdivision. Enclosure 8: City Planner's Report dated February 24, 1975. Enclosure 9: City Engineer's Report dated February 24, 1975. CUNBASSEN VILLAGE 7610 LAREDO DRIVE • P O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORDANDUM TO: Planning'Commission, City Attorney, City Engineer, and J.D. Peterjohn, petitioner FROM: Bruce Pankonin, City Planner SUBJ: Proposed J.D. Peterjohn Subdivision The following enclosures are included within Exhibit #1 J.D. Peterjohn Subdivision File. 1. E-1 Community Location Graphic 2. E-2 Proposed Subdivision sketch plan 3. E-3 City Planner's report dated January 2, 1975 4. E-4 Soil Conservation Service Report dated January 3 , 1975 5. E-5 City Engineer's report dated January 3 , 1975 CBANBASSBN VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: February 24, 1975 PLANNING REPORT TO: Chanhassen Planning Commission FROM: Bruce Pankonin, City Planner PETITIONER: J.D. Peterjohn LOCATION: Outlots 1 and 2 Cedar Crest Addition PETITION: Rezoning R-lA to R-1 and Preliminary Plan Review REF: Ordinance 47, Sections 7 and 24 and Ordinance #33 Planner's Comments: 1. All lots to be created meet or exceed the minimum lot requirements of the R-1 use district. 2. Because of extreme topographic and soil condition the petitioner is suggesting that front yard setback variances would be necessary for lots 7, 8, 9, 10, 14, 15 and 16 Block 2. It must be noted that any variance from the litural interpre- tation of the Zoning Ordinance requires action of the Board of Adjustments and Appeals. From the documents submitted to date, I do not see any practical difficulties with these suggested future variances. 3. The future status of Outlot A, located in the northeast corner of Block 2, could be combined with properties to the north and used as a neighborhood tot lot. This proposal should be forwarded to the Chanhassen Park and Recreation Commission for their review and comment. Planning Commission -2- February 24, 1975 4. All comments regarding road profiles, etc., should be referred to the City Engineer for his comment and review. 5. Before the planning commission can hold a public hearing the petitioner shall post an escrow account in the amount of $500.00 with the City to defray costs incurred by the City. Planner's Recommendation: Order a public hearing to consider rezoning the property under consideration to R-1 and Preliminary Plat as required by City Ordinance. -rZGUL&R PLMNING C011.2-IISS1011 'IMETING MaMARY 8, 197/5 The meeting was, called to order by Chairman Dan Ilerbst. The following mellbers %,Iere present: Dan Herbst, iiim Mielke, Tim Stone, Nick Waritz, and Tom Gabbert. Kudson Hollenback was absent. Ilayor rtli-,1gelhlitz was present. I -MITRES: Amend the motion under VILI,AGE PRELYMINARY D9V2L07LI,IIENT PL7UT in the DecGml�or .18, 1974, Planning Cornaission za-Al-iutes t-a read; A motion was r1lade by TiIII Stone and seconded by Tom Gabbert that the Planning Con-aission recolij.,iii-Lrid to the Council Ichat they approve preliminary plat and the preliminary developm Zent plan phases 1, 2, a,,id . 3 only. The development: plan coincide with the applicants proposal of October 28, 1974. The elevations as submitted by the developer were representative of all four sides of each building. The developer had indicated that no excessive topographic changes would be ma ' de to thesite. Bach 32. unit c - orliplex will have eight 1. bedroom units of 693 squaro feet each', 22 tvm- bedroom units of 950. square 41eat each, and I.V .I-- . The Engineer's reports 70 2 bedroom units -of 1154 square feet ea.ch.• . of -August 7. 1974' July 15, 1974, and hugust 23., 1974, with res-prIct to the centerline frontage. and temporary service road. The plan al so Cor'.0rI1IL to CoriMiSSioner of Highways le -tor of O&Lober. 31, 1974, and L b, e. in COnl!omaace wil_-h Don Berg's reports o.f aily 17, 1974, and NoVember 12, 1974, and with specilic attention to the preserval;ion 053 i.--Ile gully. Carl bale's report, of December 5, 1974,,wj,th speciftc atta,ntion to title detailed. PUD panxnit and cons-Iideration of the park dedication. The Water shed District's report of December: ..4t 1974e with specific attention .to the .and alteration permit and storm selger plan. t 4. 11 TLMI n I Subject to a landscape plan and Park and Recreaion COMMISSiO cc 0 ts of December 18, 1974. yqvargreen sere-ening along the western side of the site be cons.I.derad with the final landscape -and development plans. The proposed lizzlear p 'rk GySj-.r:;Ia proposed irr -this area not be, dedicated a 0 time but. that provisions be included in, the, develaentL' y contr . act whereby the. Aiuni.cipality may have -Lhe' choice Of. eit44er aqaap:Un9 the dedication of that or reqties.tin4 a, specif ied ea.,:"eIae-n..;; tllro'ugh. the property. The acclication could extcind fro.m the property line east to a point 20 feet east of -the conterline'o:2• Ithe : Dan .-Nerbst, Tim ptoke,. I\Tick creek. The folloviijig 'voted in :L Eavor- 1, - -:Hudson Hollenb ' ack,, Tom Gabbert, and Am �AIielke. ZI iana Shulstad abstained as slie lives to close. Notion- carried. 2%, end th• a last sentence .tinder ECIZLUND MM Sv,'WEDLLil,'D SIMIETCH PLAT in '-1,110 i'readdeveLoper D.ian,embar 18, 1974,. Plan Conunission minute to : The will proceed with prop I o.sed preliminary developifteAt plan bazed-on... Plan V.. 9% 1 sao, �J.on was made. by. T:Ua.. Stone and secondGd by Jim Mielke to approve the December 18, 1974, Planning Commission minutes as ac ended. m4otion ullan�iously approved. ✓3'1<ETCII PLAN - IRE PLATTING. Mi, oul:py�OTS I MW 2" CED.PaR CIIEST M5M. PGtcrjohn ai apq6ared begore the P rt�qUeGICI'Iag ZCOZOIXIng.02 4 p 1 1.0n. of CG4-,- ary - for ontlots 1. and ort %r C5:est to W. and prelimin, pla,'" 2. and 2-inal Plat on a.1portion of Outlot 1. - The. Planning Coaimisslo,%I vrill proceed under 'Ozrlinanca 333 and at a later time a varianoo will Ise raq%iested under: Section 19.03 beCaUSO of. four to mally lots. Bill Schooll stated' 44t 'will be the obligation of.. this area to provide a%,,(I 1".1 1x) Planning Corsuniss:i.on 1,11:utes January 8, -2- Bruce Paniconin summarized his report. 11her R1 single. Zamily .re3s:i.de tial is consizteaat with the intent and purpose of. the City Plan. Tho natuAral amenitiGS of the site should be rGrogaiixed and aa-,pita:i i cad On. The proposed roadway shon1d er6 and to the a pplicalit-S westOrn prOp er-r:.y line And eventually continue to County load 15. Ball Schoe l Stated ed 00-me of the:: a.o t3 are served with sewer and wate.- and then-e is no problem in serving tJ:ac� culler lots. The length Of the cul-de-sac does not per o a pzobLe-m. Residents like to IA'Lve on 10YLCj cul-c:e:-sues. lie would like ► o discuss the future road Wttern s:ion with the Victoria planner and , engineer. Mrs. Pe:terjohn was instructed -to study ordinance 33, proceed to PA-011miAart plat and make application for rezo"ing. She s:3ould decide whore tlao lake access will be. � SIM-7 t3TZD11,120CE W Changes to the Sian Ordinance Were discuszed. Section 2. Deftiiit:ions. (r) i projecCing Sign" is a sign which is attached to a structure alld projects out . rcr4,1 the wall, canopy or marques. (u) "Sign Area" is the a5:eca 1 Jt11J.n a single con-t-intious pOr:ti. L1GtG; enclosing the extre?xte limits of t;ao actual. slgzs surface. awed/or .frMile The: stt.pulat.ed maximum sign area .shah reLor to a siiagle face. Any ratho Baca shall rot be c;onnted ��t�;a�.nat the s�.gi area. t�c� individual faces shall be larger than the allowed sign, arena . W all Sign" is any �►ign which is a2fixed parallel or flat ;1g a:inst the wall of a structure but does not extend above the lolga ►t port iqn. o the z oog or parapet. section 3. 3.21 'iemporaary iZe~al Estate Advertising Sig31s niagJ: be OrGctcd tear: thO parper.;'a of selling . or pro-aloting a x t~:��.d�:n>~9.a1, p r.oJe of 02 t;en (10), or iitor 3 dwelling units or tax1� i1Oi�"roa .doaat �.al . prc? Ci: pr. v:ided s. sac t'iS shali no 120 stiLaar e. fec�t in area. 2 y Ma xi mum htmlght of 20 g eet:. () Minimvrt distance between signs :is 500; .fee:t. Such signs shi.tjl be removed when the .project is 05t caIMialerce, roil ©r Iced. �5) such signs ;shall be 3.ocztt©d no c to e.r..t:han 200 ieot to a. '�7 G'"C.:C'�.: i e l i'.1Cj 3:4 s ide'nc e. in aeldil.- i.on; seedy t-ellmpozary �:cw.:�al as,"c ate .::,civertir,�s rag ��>c,��ti T�' ciy be located O,g the property to :^•�fJ�'g7i:*.' �u a C� I x.2:C:�:��o i1r'a�. sign,Afon the pcoj Gct. if the loattion.of the project ect is vuc:la thV .e>asO sign will zao'� .d�.c u.a to l :yax:OV ide; dir�ect•,�.O" to the ►.rO j ect, . the applicaaat: may with �aroper i ust i.:t' �.cu t:fesi.3 request other, signs by Council c'actioi1 Lido PrOvisiOno 02 this ordinanc.e.. �7.) IL11 signs r►au6t c,gn:farzts to uniform dasign' :corm. 3.'08 ' AboL signs sl.iali not be Permitted. 3'.141 Po�.t�;frza pr tezn orar^ sigils sskxnll bept:vali red 2Or s , c;i.nl. :. Fuxwtions nor aperiod . no Jollgar than seven (7) days. Approval by a.Op t + on 5.02 is requ3xad . r WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL FRANK V. LASKA 1. .s ram• - - SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 January 3, 1975 City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Attention: Mr. Bruce Pankonin Subject: Review of Sketch Plan for Proposed Subdivision of Outlots 1 and 2, Cedar Crest Gentlemen: As requested, we have reviewed the J. D. Peterjohn Subdivision Sketch Plan as prepared by Egan, Field & Nowak and have some general comments. The property, containing approximately 13.2 acres lo- cated immediately north of State Highway 5 and west of Lake Minnewashta, is presently zoned R-lA. The 29 lots as proposed, comply with lot area regulations for R- 1 zoning served by public water and sanitary sewer. The area under consideration was included in the North Chanhassen Trunk Sewer and Water service area, and the existing system has the capacity to serve the proposed subdivision. Although a few lots can be served directly by the existing system, additional lateral sewer and water construction will be necessary. Construction of these additional lines would be the responsibility of the Developer. An existing 12--inch trunk water main with a 15 foot perpetual easement is located approximately 50 feet from the rear property line of Lots 22 through 25. This would somewhat restrict development of these lots. Other existing utilities will have no effect on property development. The right-of-way width of 50 feet shown,is as required by Platting Ordinance No. 33A, for the minor streets. The right-of-way diameter of 100 feet for the cul-de-sac should be increased to 120 feet as required by Ordinance. r SCHOELL & MAOSON.INC. City of Chanhassen Page 2 January 3, 1975 The total length of the cul-de-sac shown of approximately 1650 feet from the intersection with Highway 5 to the end cul-de-sac and 850 feet to the first cul-de-sac, whereas a 500 foot maximum is allowed by Ordinance. The east -west por- tion of the raodway could be extended to the west property line to provide for future connection to County Road 15, a distance of only about 180 feet. We understand that the Developer has already approached the Owner regarding the possibility. The lake access easement shown, crosses five lots. The Developer may want to consider more direct lake access. We recommend further study be given to providing access to the property from County Road 15. We will be glad to work with the Developer during the planning process, prior to sub- mission of a preliminary plat. Very truly yours, SCHOELL & MADSON, INC. r v WJBrezinsky:be SITE PLAN REVIEW FOR THE CARVER SOIL AND WATER CONSERVATION DISTRICT OUTLOTS 1 AND 2 CEDAR CREST APPROXIMATELY 12.0 ACRES NW'k, SWki SECTION 89 R23W, T116N PREPARED FOR: J. D. PETERJOHN 16237 THE STRAND MINNETONKA, MINNESOTA BY: EGAN FIELD & NOWAK INC. MINNEAPBLIS, MINNESOTA REQUESTED BY: LLOYD SCHNELLE FOR: CHANHASSEN PLANNING COMMISSION REVIEWED BY: DONALD C. BERG, DISTRICT CONSERVATIONIST ROVERT A. LUETH, SOIL SCIENTIST USDA SOIL CONSERVATION SERVICE COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 JANUARY 3, 1975 We have reviewed the general soil and landscape conditions on the approximately 12.0 acre site, as submitted to the Carver Soil and Water Conservation District on December 26, 1974. This planned development will have sewer and water. Lake- shore, steep wooded slopes, and wet soils are the major conservation considera- tions for the development of this site. See attached color coded soils map. Attached is a copy of the 1 inch equals 60 feet sketch plan map with a soil 'map drawn over it and the soil map is color coded for urban land use limitations, Also attached is the 1 inch equals 200 feet county 1/2 section aerial photo that shows the trees on the northern 70% of the property. This inventory and evaluation will help the land developer and the city consider the adequacy of the plan in terms of the following: 1. Limitations of soils for the intended use. 2. Prevention of erosion due to land disturbance. 3. Conservation treatment of storm drainage water to control increased runoff and protect downstream landowners. 4. Harmonious development of roads in relation to slope, soils, drainage, and landscaping. 5. Construction and maintenance of water and erosion control structures Where needed. Soil survey mapping units have been drawn over the preliminary plat map and color coded to show building site limitations. Green has slight limitations Yellow has moderate limitations Red has severe limitations Blue has very severe limitations The solid colors show land slopes, land alteration, soil erosion and sediment hazard limitations. The lined colors show wetness limitations. The soil mapping units and major building site limitations found on the property are listed below: Building Site Map Color Limitations Soil Name Slope Range Soil Symbol Green Slight land alteration Hayden loam 2 to 6 % HaB and soil erosion Yellow Moderate land. alteration Hayden loam 6 to 12% HaC and soil erosion Red Severe land alteration Hayden loam 12 to 18% HaD and soil erosion Blue Very severe land alteration Hayden loam 18 to 25% HaS and soil erosion Blue Very severe land alterati Hayden loam 25 to 40% HaF and soil erosion Red Lines Severe wetness Cordova & Webster 0 to 2% Cw silty clay loams Red Lines Severe wetness Glencoe silty clay 0 to 2% Ge loam Blue lines Very severe wetness harsh 0 to 2% Ma t r-I C) a 0 SOIL AND WATER CONSERVATION CONSIDERATIONS This property has approximately 480 feet of lakeshore located in the southwest corner of Lake Minnewashta. We believe it is in the best long term interest of the community to leave a 75 to 150 foot or more strip of land along the lakeshore. The lakeshore can then be used by all the residents in the proposed plan area and other people in the com- munity as well. It is recognized that over the years, most of the west and north side of the lake has been developed by individual lakeshore lots. This practice benefits only a very few people in the community and excludes many from direct access to the lakeshore. The northern 70% of the property is wooded and we believe that the deisrable trees and shrubs be saved by marking in the field, locating on the plan asap, and finally protected by placing a snow fence 10 feet in diameter around the trees to be saved. This will protect them from construction injuries. The landscape architect or development designer should prepare a soil and water conservation plan as a part of the site plan that would show the following. (See Urban Erosion Control Handbook published by the Metro Association of Soil and Water Conservation District's, August 1973. The page number is listed after each item.) The plan moulds 1. Provide a planned time table for development phases including a land grading plan for building sites, streets, utilities, erosion control practices, and surface and subsurface water drainageways. (pp 3 and 4) 2. Show location of stock piles for topsoil and will be used in final grading for a seed bed for landscape planting. (pp 2) 3. Provide for controlled surface water runoff and provide grass water- ways (pp 33 to 35) and storm drains as needed. 4. Show a drainage plan for the Glencoe silty clay loam and Cordova Webster silty clay loam areas which will provide for sub -surface drainage and/or sump pumps and footing drains. Also included should be a method of basement waterproofing that would keep the seasonal water table below the level of the basement floors and thus prevent a continuing water seepage problem. 5. Provide for final revegetation with sod or grass seeding. (pp 5 to 10) Areas that will be exposed for 30 days or more will be mulched or be planted to a temporary annual grass. (pp 11) 6. Provide for vegetation grass, shrubs and trees for erosion control, sediment reduction, noise and pollution abatement, landscape beauti- fication, living screens and barriers, recreation, wildlife, and open space as needed. (pp 1-2 and 12-17) 7. Provide for park space along the lakeshore. This would not be a boat access because of the steep slope. A passive recreation area with an erosion resistant multi -landing stairway to.the lake -y be a worthwhile consideration. The following is a short description of the soils found on the property and their limitations for building sites, foundations for low buildings$ and streets or low cost roads. Small pockets of sand and gravel are common in the upland soils in this area. HaB$ HaCs HaD, HaE$ HaF Hayden loam Hayden soils consist of undulating to steep$ well drained soils formed in glacial till on convex upland slopes. The surface layer is very dark gray loam about 4 inches thick. The subsurface layer is dark grayish brown loam about 7 inches thick. The subsoil is dominantly yellowish brown firm clay loam about 34 inches thick. The underlying material is light olive brown loam. The major building site limitation is very severe landscape alteration and ero- sion and sediment hazard on the E and F slopes (18 to 40%)t severe landacape alteration and erosion and sediment hazard on the D slopes (12 to 18%)s and moderate landscape alteration and erosion and sediment hazard on the C slopes (6 to 12%). In many Hayden areas, water moves through the soil very slowly and basement seepage is a common problem. When used as foundations for low buildings, they have a moderate limitations medium shear strengths moderate shrink -swell potentials medium compressibility$ medium bearing values, and basement seepage is a coffin problem. When used for streets and low-cost roads, they have a moderate shrink -swell po- tential, moderate susceptibility to frost action$ moderately fine textured sub- soils and are found on gently sloping to steep topography. on slopes over 12%, the limitation becomes severe because of deep cuts and fills. The road mainten- ance problems also increase as the slope increases, especially from erosion and seepage. Cw, Ge Cordova -Webster and Glencoe silty clay loans Very poorly drained clay loam and silty clay loam soils. These medium textured materials are commonly many feet thick. The subsoils are typically neutral. They occupy 1 to 5 acre depressions and 5 to 40 acre long, windings low gradient drainageways. Commonly associated soils are the poorly drained Webster soils$ the sloping Lester and Hayden soils$ and the peat and muck soils. The major building site limitat#on is wetness. The Cordova soils are poorly drained and the Glencoe soils are very poorly drained and have a high seasonal water table that ranges from near the surface to a depth of 3 to 5 feet. When used as foundations for low buildingss they have a severe limitation: high water tablet medium to low shear strength and bearing valuess moderate shrink - swell potentials and a medium compressibility. When used for streets and low-cost roadss they have a high seasonal water tables are occasionally pondeds and have a high susceptibility to frost actions moderate shrink -swell potentials and a moderately fine texture. Ma Marsh This miscellaneous land type (marsh) includes shallow laces, ponds and sloughs that support aquatic vegetation. Emergent plants such as cattails, reeds, sedges and water tolerant grasses are present. These areas have open water most of the year. The soil material is too wet to be classified, but is commonly a peaty muck or a loamy mineral soil. Size of the areas ranges from 2 to 100 acres and occupies closed depressions and borders of lakes and streams. These areas are unsuitable for building sites without excessively expensive re- clamation work. For additional soil information, see "Soil Survey - Carver County, Minnesota", United Stated Department of Agriculture, Soil Conservation Service, November 1968. The soil investigations, mapping and interpretations ordinarily apply to the upper 5 to 6 feet of soil material. There should be additional onsite investigation re- lating directly to the proposed uses before construction is started. Attached: Development Plan With Soil Mapping Units Colored to Show Building Site Limitations and Color Key The cuts and fills required on the present plan to build roads through the north end of the property and to site houses will destroy many of the trees and shrubs unless specific plans are made to save them. Lots 1 - 5 - Lakeshore wooded, 1/3 marshf 1/3 very steep slope, 1/3 O.K., needs careful homesiting and steep slope and lakeshore pro- tection Lots 6 - 8 - 1/2 steep, 1/2 O.K. Lot 8 - Wooded, O.K. Lot 9 - 10 - Marsh grasses, wet soils Lot 11 - Wooded, 3/4 steep, 1/4 wet Lot 12 and 13 - Wooded, 1/2 steep, 1/2 O.K. Lot 14 - 1/2 wooded, 1/2 marsh grasses, 1/2 steep, 1/2 wet Lot 15 - 3/4 wooded, 1/4 marsh grasses, 3/4 steep, 1/4 wet Lot 16 - Hayland, O.K. Lot 17 - Hayland, 1/3 very steep, 2/3 O.K. Lot 18 and 19 - O.K., Hayland Lot 20 and 21 - Hayland, 1/2 very steep, 1/2 O.K. Lot 22 - Hayland, 1/4 steep, 3/4 OAK. Lot 23 - Wooded, 1/2 steep, 1/2 O.R. Lot 24 - Wooded, 1/3 very steep, 2/3 steep Lot 25 - Wooded, 2/3 steep, 1/3 wet Lot 26 - Wooded, 1/3 steep, 2/3 O.K. Lot 27 - Wooded, 1/2 steep, 1/2 wet Lot 28 - Wooded, 1/2 wet, 1/2 O.R. Lot 29 - Hayland, O.K. CUSBASSEN VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 January 3, 1975 PLANNING REPORT TO: Chanhassen Planning Commission FROM: Bruce Pankonin, City Planner PETITIONER: J.D. Peterjohn LOCATION: Outlots 1 and 2 of Cedar Crest Addition PETITION: Rezoning R-lA to R-land subdivision sketch plan approval. Background': 1. Current Use: Open 2. Existing Zoning: R-lA Residential Agriculture 3. Proposed Use: Single family detached subdivision. Refer to Enclosure ( 2) . 4. Comprehensive Plan Proposals: a. Land Use: The property under consideration is located within planning neighborhood 1. All land uses other than open spaces are proposed to be low density single family residential. b. Transportation: State Trunk Highway 5 and County Road 15 are proposed to be upgraded to Expressway and Collector street standards respectively. 5. Physical Features: Refer to Enclosure (4). 6. Engineer's Comments: Refer to Enclosure (5). P age 2 Planner's Comments: 1. The framework for evaluating a rezoning report is the adopted City Plan. An amendment to the Zoning Ordinance should be in the best interest of the entire community with the plan being the foundation upon which to judge the proposed amendment. 2. Since all of the Zoning Ordinance is based upon specific overpll objectives and stated purposes of each land use Gla-r _ - ^ e e-15 tt G4 (ref.,Ord. 47 Section 7), these provisions are also the criteria to be Athsed rezoning petitions and subdivision reviews. 3. All of the objectives of a zoning ordinance are, of course, subjective and require a process of evaluation that is basically qualitative rather than quantitative in character. Certain aspects of the subdivision proposal, such as its impact on public utility and transportation system can be reviewed quantitatively, but these items are the exception rather than the rule. It is precisely because of the subjective nature of the process that planners, planning commission members and councilmen and citizens are involved. A computer could do the job if the process was .simply quantitative. Judgement, based on reason and on understanding of the relationship between the proposal and the subjective guidelines set forth in the purpose sectiop of the Zoning Ordinance, is the crux of the decision process. 4. The land use options for the 13 acre subject site is limited single family detached dwellings. The decision process must direct itself to the type of residential use or uses, the extent of needed public facility and the degree of emphasis that should be assigend to conservation of natural environmental features. All of these items are of necessity interrelated. 5. The type of residential structures most suitable for the site are not easily determined. Among the factors that must be considered are contemporary housing markets economics, the needs and desires of those seeking housing opportunity in Chanhassen, and the physical impact of structures on the natural environment. The impact of the quanitative and qualatitative demographic characteristics of the project residents on the social and economic we]fare of the entire community is also an important item to consider. 6. Assuming the entirel3+- acre subject site is developable, the density of the Peterjohn proposal is 2.2 dwelling units per acre. This density figure really means nothing except in a relative sense and in their translation into impact on public service and facilities. 7. The sewer and water system to the project area is more than adequate to accommodate 29 single family lots. The anticipated traffic trip generation of 29 units @ 7 trips per day with 12% of these occurring during the peak hour produces about 203 trips with 24 in the peak hour. These numbers are insignigicant. The school impact is difficult to extract, however, I would not expect more than one school age child per dwelling unit. Page 3 8. The plan for the Peterjohn property should provide for the Cedar Crest Court to be extended to the petitioners west property line and eventually extended into the City of Victoria and terminating at County Road 15. 9. The natural characteristics of the site are sufficiently unique that conventional platting of the site into lots could be accomplished but probably•at a density somewhat lower than proposed. The lot development costs, especially grading and utilities, could be exceptionally expensive. Conventional single family platting is a physically acceptable alteration to the Peterjohn proposal, however other development options are available. I believe the general principal governing the formulation of a site plan is that natural conditions should be allowed to govern future land disposition to the greatest extent compatible with human needs. A site plan in which land use compliments rather than conflicts with natural features will have greater long range stability and environmental quality. Such an approach makes good sense in economic as well as aesthetic terms. In general, development which destroys or does not recognize natural features removes the very qualities which gave the land much of its economic value in the first place. I feel a cluster single family plat with the lake shore open to all residents in the sub- divisions or general public makes more sense than what is proposed. Designing along the lines of a planned unit development could result in more usuable open space and a higher density than proposed. 10. In summary, I believe the rezoning request to R-1 Single Family Residential is consistent with the intent and purpose of the City's adopted Comprehensive Plan. I feel the natural amenities of the sub- ject site and its environs should be recognized and capitalized on and the proposed access road should be so designed as to provide a future connection between County Road 15 and State Trunk Highway 5. 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474.8885 December 26, 1974 Mr. Donald Berg District Conservationist U.S. Department of Agriculture County Zoning Office Waconia, MN 55387 RE: Proposed J.D. Peterjohn Subdivision Dear Mr. Berg: Included herewith for your review and comments is the proposed J.D. Peterjohn subdivision file. As you know, the property is located north of State Highway 5 between Lake Minnewashta and the new Lutheran Church on County Road 15. Please review the attached in your normal manner. I would appreciate your written comments before Thursday of next week so we can discuss this at the January 8, 1975 Planning Commission meeting. In the future I will try to give you more lead time. If you have any questions, please contact me at 474-8885. Respectfully Submitted, CITY OF CHANHASSEN Bruce Pankonin City Planner BP:k Enclosure 7610 LAREDO DRIVE • P. O. BOX 147 • December 26, 1.974 of Mr. William D. Schoell Schoell and Madson 50 Ninth Ave. South Hopkins, MN 55343 CHANHASSEN, MINNESOTA 55317 SUBJ: J.D. Peterjohn Sketch Plan Dear Bill: • (612) 474-8885 Included herewith for your review and comment is the proposed J.D. Peterjohn Subdivision file. As you know, the property under consideration is located north of State Highway 5 between Lake Minnewashta and the new Lutheran Church under construction on County Roa& 15. The present zoning of the property is R-lA, the lots as proposed comply for the most part with the R-1 zoning designation. I would guess Mrs. Peterjohn is also petitioning for rezoning to R-1 single family. Bill,,please review the sketch plan in your usual manner. One paint of concern to me is the innordinate length of the proposed Cedar Crest Court Cul-de-sac. I think this roadway should be continued to the petitioners west property line and eventually extended into the City of Victoria and terminating at County Road 15. your feelings.on this matter would be most helpful. Incidently, this petition is scheduled for Planning Commission review on January 8, 1975. If you could return your written comments to me by Thursday.of next week it would be greatly appreciated. I am sorry to give you such short notice, but I just received the proposed plat before our Christmas party on Tuesday. Thank you for letting me correspond with you. If you have any questions; please call me at 474-8885. Respectfully Submitted, OF C SEN Bruce Pankonin City Plannar Tr l R P.L 7/10/69 9. For the purposo of assuring to the Village that the struts, curbs znd gutters, sanitary svviars, municipal water facilities, and storm and surface ranter facilities shall ha constructed and installed rcccrdinq to the terms of this agree- ment and that tho Developer shell pary all ciaims for work done bnd materials and . supplies furnished for the po crminq of &J:5 Ugreamant, aovelopar agreas to place In escrow with thr: Village the sum of Cme Fundr-ed Sixty --night Thousand Thzee Hun3r.�d and no/100 Cvcllars ($168, 300.00) thereinafter ref3rred to nx the Et3crow D�,pc�sit), sinid sum bning elqual to 110` o€ the total cost of such Imp rovemLEnts as n-itinizAced by Schaell & 1--'_4ds6n, Inc. , as the V111age Engineers, rind as set forth in the report of said enginaers tP the Village Council dated _, 1969, which report is incorporated herein by reference a-nd. made a part of this agr3e- ment. Said Escrow Doposit shall be astablf,h_d and administered in zccordanc,6 with thtj follo4iving terms; Z) Said Escrow D posit shall bra established forthwith in the Hutchinson fledoral Savings .end Loan A sso;,iation, a United States corporation, of Hutchinson. Minnesota, in Ln un- restricted account in the narse of the Village as owner of said doposit. The; 4nccount. passboak or oth�.r indicia of ownership thereof shall be- dollwred forth,-vith to tha Village and sh-;Al remain in the custody of thE� Village during ti3-!� term of this egreerrdnt, &-nd no withdrawals t:ierefrom shall b; Parmittod except up-n written authority of tha Village Coup; it duly cxf,-cuted on its behallf by the Mayor and Clerk. b) t'ny earnings, b;m- -fit, interest or incraasa accruing on scid account shill bo Vie r-operty of the, Lavelop-r but shall b�, dE,,3osit- i in said �.ccount anti shall be- subject to the terms of this agrument. c) Thn Devcloi.�r may withdraw sues front said Escrow D'aposit for tho turf cap of making progress p-ayments to contractors, subcont.-actcrs, mztcrial suppliers Lnd workmen for wa,-k dons- and rnatarials actually placed in said Improvements. Said Mc R ,L 7/ 10/0 withdrawals may be made only upon the written authority of tho Village Council in each instance and only upon reccirA by th.3 Village Council of a certificate by the Village Engineers setting forth the actual value of work done and materials placed In said lmprova=,:nts. The amount of such vvithdrawals shall be limited to 20% of the actual work done and materials placed in said Improvements. V-`ithdrawals hereunder may be made by the Developer not more, than -Qncla each month. Authority for the making of paid wlthdrawais shall not 1i considered in any vray art acceptan" of any of the work or installation by the Village. d} The final balance of said Escrow Deposit shall 134 returned to the Developar -vs-fthin 12 months after compliance by the Le- velQpsr of Its obligation to install said lmprovermc:nts in accordance rrith this agreemant and written xccepuince of said improvements by the Village as having been satisfactorily In- stalled. e} In the event of the failLma of the Lev`lop�ar to construct safe! improvements in €accordance with this agreoment, the Village, if it so elects z:nd after 10 days written notice to the D-4veloper, n=ay cause any of said improvemonts to be construct.ad and may utilize -qaid Escrow IIcposft to dofray the ex;�cnse which the V111,39e may -incur in the cOnstzotction thoreof. In the event the LscrOw Dcpasit is insuffleir:;nt to covar the cost o.` said con- struction, this Village may assess the remaining cost as a spacial assessrr,--nt against tha Za.nds within tho Mat. 10. In the want the Village eIocts to construct and install storm and sur- face v t� Vt r drainage facilitl.!--s in sold plat and in the contiquous areas comprising tho surfacs drainage syst_m of thi combined eras of assess tnc cost th€ireof b& z�. special ti3s assmcnt against all bcnofitGd properties undc_r tha provisions of Ckiapte: _29, Minn rota Statutes, ttie U--,vele?(,r, ejs a condition to tha isQuancc by th- Villa,` of e building perinit for each lot in said plat, ayM-cs to Fay in full such s ,�cial 4tsossrmemt at_!:inst each such lot. Provided however cnd in any ev-nt, �11 srcciai assesamcnts levied heroun-dar against premiss within said plr:t shill b:: raid f:1 full 'within A months after th4 adoption by the Village Council of a ri�solutlon -7-