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76-05 - Colonial Grove II SUB pt 3f WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN i SCHOELL & MADSON, INC. ENGINEERS AND SURVEYORS 36-7601 • 50 NINTH AVENUE SOUTH a HOPKINS, MINNESOTA 55343 October 15, 1980 City of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 Attention: Mr. Bob Waibel, Land Use Coordinator Subject: Storm Sewer Easement Colonial Grove at Lotus Lake 2nd Addition Our File No. 10875 Dear Bob: I am enclosing a storm sewer plan sheet on the above mentioned project outlining the required easement for storm sewer installation. I called Cardarelle & Associates to inform them to place this 20-foot perpetual easement on their final plat. If you need additional information, kindly contact this office. Very truly yours, SCHOELL & MADSON, INC. DLCampbell:mkr enclosure v � DECEIVED_ tp CIJA HA8$ F5 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 July 18, 1983 Mr. William McRostie Bloomberg Companies Box 100 Chanhassen, MN 55317 Dear Mr. McRostie: As per our recent phone conversation, this letter is to confirm that five (5) trunk charges will be assessed for the proposed restaurant operation in the Bloomberg Companies complex. Both assessments will start as 1984 collectibles with a four year term and 8% interest rate. Amounts of these assessments are as follows: Sanitary sewer trunk $3,000.00 Water trunk 3,250.00 Should you have further questions, please let me know. Sincerely, L William Monk City Engineer WM:k CC: George Donnelly Jean Meuwissen i_ qaj / LAUSON & MIUtTG ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 C RAIG M. MERTZ TELEPHONE ( -- March 26, 1981 612) 335-9565 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bill McRostie Bloomberg Companies Incorporated 501 West 78th Street Chanhassen MN 55317 Re: Colonial Grove 2nd Addition Dear Mr. McRostie: As far as I know, the non -conforming use permit for the beach lot has neither been signed by the developer nor filed with the City. It would be appreciated if you could forward the signed copy of that document to me. CMM:ner cc: Bob Waibel � , 3r Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CITY Or CHANHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: January 23, 1981 TO: City Treasurer, Kay Klingelhutz! FROM: Land Use Coordinator, Bob Waibel r SUBJ: Colonial Grove 2nd Addition Escrow Account PLANNING CASE: P-427 Please adjust the subject escrow account as per the findings of Jim Orr and Craig Mertz (attached). Call. if you have any questions. BW:nr cc: City Manager, Don Ashworth E IN 'A-1— ... �'' STATE OF DEPARTMENT OF NATURAL. RESOURCES - Metro Region Waters, 1200 Warner Road, St. Paul, MN 55106 PHONE: 296-7523 File No. i January 23, 1981 City of Chanhassen Mr. Jim Orr, City Engineer P.O. Box 147 Chanhassen, Minnesota 55317 RE: PERMIT APPLICATION 80-6128, CITY OF CHANHASSEN, BLOOMBERG COMPANIES INCORPORATED, STORMWATER OUTLET, LOTUS LAKE (10-6), CARVER COUNTY, COLONIAL GROVE SECOND ADDITION Dear Mr. Orr: The above referenced permit is hereby amended to install a 24" storm - water outlet at elevation 894.77 with riprap erosion control works all as described on revised plans designated "Colonial Grove at Lotus Lake, Second Addition Improvement Project 80-4" dated October, 1980. The termination date on the above.permit is extended to September 30, 1981. All other provisions of said permit shall remain in full force and effect. Sincerely, Kent Lokkesmoe Regional Hydrologist KL/RS/ch cc: Riley -Purgatory Creek WSD �1 AN EQUAL OPPORTUNITY EMPLOYER -QeW J RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH CARBON SC MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 Dear Bob: January 5, 1981 Re: Colonial Grove 2nd Addition TELEPHONE (e12) 335-9565 JAN t�81 o R�CSJVM ch VII1 p GF- OF " Q14PI►HHASSM I have received the necessary signed easement deed from the Bloomberg Companies for the access drive connecting the City sewer lift station with the public road. I have transmitted the easement deed to the County Recorder office for filing. Enclosed you will find the original copy of a Northwestern National Bank Letter of Credit dated October 9, 1980, in the amount of $242,000.00. I find the form of the letter of credit to be acceptable for City purposes. The amount of the letter of credit should be equal to 110% of the estimated cost of the public improvement project, and 110% of the City street lighting expense. This is set forth in Sections 9 and 12 of the development contract. I suggest that you place the letter of credit in the City vault. You should place a follow-up in your file for October 1, 1981, as the letter of credit expires on November 1, 1981. If the development contract and the non -conforming use permit have been signed, please provide me with a photocopy of the signed copies of both documents. If those documents have not been signed, the developer should be contacted at once to obtain his signature. I have not seen the final plat. Please inspect that document to verify that it discloses a storm water drainage easement connecting the pond in the southeast quarter of the plat with the "horseshoe" road. In my letter of September 8, 1980, addressed to Mr. Ashworth, I provided the City with the form of the necessary ordinance to rezone the subject property from R-1 to P-1. I can find no indication in my file that this ordinance has been published. If publication has taken place, please provide me with a copy of the printer's affidavit. Bob Waibel January 5, 1980 Page Two The City Council on September 22, 1980, approved the development contract and the non -conforming use permit for the beach lot with certain changes. Those changes have been incorporated into a final draft of the documents which were submitted to Mr. McRostie for signature. I do not believe there is any need to resubmit the development contract and non -conforming use permit to the Council as their action of September 22, 1980 is quite specific. I would, however, like to verify that you have obtained the developer's signature on the final draft. If you have any questions, please call. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner enc { f , Direcci6n-cablegr6ficq ' ' Adresse t616graphique a Calite"addr'e3s". ;-••NWNA NORTN�ESTERN NATIONAL=- BANK -`OF MINNEAPOLIS - < a w 1TH & MARQUETTE MINNEAPOLIS'.MINNESOTA rt� i i+.e:}! �,�.. � .` ' .•••- i- ..- -' t .~'•-"wit' .`�.k ;� i :; ; s. �Nosrde t4fezes - Lugar y`fecha de ci6n Minneapolis Minn =Nos• de te{exs 29-0734 •Lieu7d'6mission`et-date �- -= Tetex numbers •-29_0I37 - --'='''Ploee and -date of'issue "'October 9�''`1980 - Credito Documentan_ o/Credit:Docramentatre, Documentary Credit Nui�ero de-cr6dito . Num6ro-du-credit:%Cr dif,number de! Banco emisor del boncc`ovisbdor ;,.'y t t irrevocable # "•drlo banque 6mettnca' Q 7 de".la Banque notlfrcatrrc­ 7—�`-'-1 _ -• St�M - W — ra— :oEssuin bank . -3 (J g,- - -of" 644ising bank Bonco avisador / f3vnque riotificotriae,Advising bank aOrdsnanfe /"Donneur d:ordre -,Applicant zzzS •-.-yr {1 , ; it t' '1 �'� a °' }' '' r a Bloomberg Companies -Incorporated •'-- ��-`-..^ -�.,�r ��„- _ t a + ij ��- f-i� `_BOx._.ZOO �- �' ; �- `I✓-- ,�: _ trM _ '�K y = � � , Chanhassen, Minnesota _ Y .....F Beneficiario BEnBfrciarre r:Beneftuary w 3 Import �F OO e cintoM , Amount $'z r2-sQ 00" � j. D Htl x.e _w "City=of Chanhassen __ ; _ - _ sorry '-T�+to Tlousarid_ TJ.S Dollars) -- �--:i {7&10 Zaredo `-� � t vx Vencimiento. � "Val idite..r f:xpiry _ k g y..,• +• _z Chanhassen, 55317 z S Minnesota �- �>r - FeCho-/ Date:,' Dates - _Para negaciacran .?� ..5 eC. • «..rt.�r ; i _'e-poui ndgocict�orr .. , . . November 1; 1981... w -far.1 otiatian C+ur:.Cauni~ _ _ Esiimad'(s) Senores) ,- Por 1 esente axpedimos'este eredrta documen►oria"a sufovor el cual es disponible medsante negocia_ci6n de ;Noun 6metions en votre Foveurce `credit doeumentaire our csY:utiliso. o pot"nfgociation de votre.traite We'hereby issue to your favour this docvmentory Credit which is avail'obto by: negotiation of your -draft at `. Sight r + a -cargo de - + t tlrf0-SWI tr4.., .,._ %-�" r North wesiern drawn.on Nationcl. 8ank.of Minneapo(is, Minneapolrs,_Ahin nesota._I mosrcando.ao c busula irado a-_amparo de crf ito- acumentorio No. de (nombre de! bunco emisor) eRportantTlo mention Ti`r6e en vertu du credit documentove'No de de to bonque 6mettrice}•'_-- (nom _.r �..... .77 bear:. the.clause :..`. Drawn under documentarycredit-No.._ of none.of issuin .bank _. _ _ .. ceompanando los-siguientes-documentos actompogn6s des documents'.suivan►s ' occomponied by the following documents { - '-7k .�F ifs ^'.,°"''. - try ,�. .. 1 =' eneficiar 's _officiall _ ) B Y y signed"statement reading Sums claimed are due .and _ payable for failure of Bloomberg Comipanzes�Incorporated to'perform'Tits":obligations to the: City of Chanhassenunderthe terms of i.ts"Development Contract relative to k -r - ..... 'rv' t ..,.-..mot # t•-3i�....�i+�w:-..���: - .. �,., �.. _ x .i.�...,.. �r- _ s. Ir_ ' Colonial Grove -at Lotus -Lake, Second Addition. a 1 L T• ;` """"ar r 3..-....�( _ yam:.•. t :r..o�. ; a xa- s a _ t. r ; i t`�.., <.,... g`YAYySS�Yii'X :- i rS ij "" ;i �'•i'__ .� r;z `XV. XV i �-y-f t � r. 1��+•.+w�..k:..k r� � t ; kf �, �s�t�yS �£ '�.f i:'}' '. 'i f �f { _. rTii'T��t~7`•v^• � i jr "i r'--!.•f } r f 't"'.` .�.... # .."""s' T y.+w. �}f . _ - .... �.L. �s f t Expedition./Emborque der ..--_ t '.Emborques'porciales Tronsbordos Expedition /Em6arquement de =- Exp6ditions= portiel.les .. Transbordements'-- Despatch /Ski ment. from, t. s ^^+ P t: 3 . k f t i R. _Portiol shipments Transhipments tea a _ , r «e4 to ondiciones especio es Conditions specioles: Special conditions: Par.le Presente nos_comprometemos.can los.girados y/o.tenedares de bueno .- ..fe. que'!os-giros emitidos: y negocindos.de..conformidad'con-IostErminos de_.i Unless otherwise stated, the negotiating bank is to r w :.forward esre cr6dito ser6n debidomente ffonrodos'a su'presentaci6n yque tos all original and duplicate documents to us giros' aceprados dentro de los't6rminos' de este cr6dito ser6n debidamente honrodos - _, by.one registered airmail. _ --- ?. o su vencimiento. EI'Trnooite'de cadv'giro'debe•serendosado•atreverso de. - este cr6dito oor el bonco-negociodor. __ �. — _ - - 4 Nous garantissons=aux'aireurs et/ou portetirs de bonne for-que.. les'traites 5mises ernEgoci6es en:conformit6 ovec les-fermes de ce cr6dit'seront d'ument honorees 6 pr6sentgtion et que'les troites-acceptSes conformement vux termer' _ a•., decec.6dit seront d'ument honorees. o lour 6ch€once. -Le marttont de cheque ' -_r banco traite doit etre inscrit au verso ee ce credit par la banque negoCiatrico. 'Notificaci6ndel hereby engogewith drawers7end%oi Bono fide holders-thatdrafts-drown arid•Indications avisadorWe de to banoue notificatnce LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ TELEPHONE OF COUNSEL (612) 335-9565 HARVEY E. SKAAR January 5, 1981 MARK C. MCCULLOUGH Registrar of Titles Carver County Courthouse Chaska MN 55318 Dear Sir or Ms: Please accept for filing the enclosed easement deed dated December 22, 1980, running from Bloomberg Companies, Inc. to the City of Chanhassen. This easement deed affects Outlo t A, Colonial Grove at Lotus Lake 2d Addition. It is my understanding that the Owners Duplicate Certificate of Title is already on file with your office. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner enc cc: Bob Waibel P.S. Please provide us with the usual filing information by transcribing the same on the enclosed duplicate copy of this letter mailing the same to us in the envelope provided. /CMM CITY OF 7610 LAREDO DRIVE • P.Q. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: January 14, 1981 TO: Citv Attorney, Russ Larson City Engineer, Jim Orr FROM: Land Use Coordinator, Bob Waibel SUBJ: Colonial Grove 2nd Addition Escrow Account PLANNING CASE: P-427 The Bloomberg Company has requested a final statement on the subject escrow account. For this I need.docu- mentation from you on work done on this particular project, exclusive of the public improvement project, since your last billing submittals. They have indicated that they would like to have this account settled on or before their fiscal year end of January 25, 1981. BW:nr Minutes of the 12-17-80 Planning Commission Meeting Page 4 Mr. Partridge moved to hold a public hearing for the proposed subdivision. Mr. J. Thompson seconded the motion. All voted aye. Motion carried. Review Scott County COMIDrehensive Plan: Mr. Waibel noted that in reviewing the Scott County. Comprehensive Plan, no inconsistencies were found with Chanhassen's land use and transpor- tation plans. He recommended a letter be forwarded to Scott County indi- cating Chanhassen's approval. Mr. Waibel discussed the highlights of the Scott County plan and how they related to Chanhassen. Mr. Partridge moved a letter be submitted to Scott County saying Chanhassen had no objection to the plan. Mr. W. Thompson seconded the motion. All voted aye. Nrntion carried. Review P-District Status: Mr. Waibel said the Planning Commission was asked to review the P-districts because such a review on a regular basis was required by ordinance. Each P-district was reviewed individually: (1) Chanhassen Lakes Business Park: Discussion occurred on Park Drive and Chairman Horn recalled that Park Drive was permitted to remain open until the time New Highway 17 was completed. At that time, the old and new Highway 17 would be used as access from the business park unto Highway 5. Mr. J. Thompson moved there be no change in the status of the business park other than that the Commission recommend to the City Council the Park Drive access unto Highway 5 be closed within one year of the completion date of New Highway 17. Mr. Hamilton seconded the motion. All voted aye. Nbtion carried. (2) Chaparral 1st, 2nd, 3rd, and 4th Additions: Mr. Waibel described the development in relation to type, size, and status. He recommended it be maintained on the annual review list. The Commission generally agreed ^` with staff's recommendation. No further comment was made. (3) Chaparral West: Mr. Waibel explained the status of the development proposal saying it had recently received a recommendation of denial from the Planning Commission on the final development plan and final development plan review by the City Council was anticipated in January. He recommended it be maintained on the annual review list. The ComY fission general: y agreed with the staff recommendation. No further comment. was made. ((4) Colonial Grove 2nd Addition: Mr. Waibel explained the status and details of this development and noted the developer had requested the installation of improvements be done as a 429 project. He proceeded to explain the 429 program and recommended the development be maintained on an annual review list until the majority of residential units are constructed. The Commission generally agreed with the staff recommendation. No further comment was made. CARVER SOIL AND ,TER CONSERVATION DISTRICT 'r-mil a' 1 County Office Building Woconia, Minnesota 55387 Telephone (612) 442-2614 ICI I N NESOTA L�-_� SOIL AND WATER CONSERVATION DISTRICTS December 13, 1979 Mr. Kent Lokkesmoe, Regional Hydrologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 Dear Mr. Lokkesmoe: The attached inventory and evaluation has been prepared for Bloomberg Companies Inc., Outlot 1, Colonial Grove at Lotus Lake, as requested by the Minnesota Department of Natural Resources. Plans are to drain the storm runoff for the Colonial Grove 2nd Addition into Lotus Lake. The above is in reference to DNR Application for Permit to Work in Public Waters 80-6128. Sincerely, Dennis Hoese, Chairman Carver S&WCD DH/mh Enc. cc: Bloomberg Companies Incorporated . obert Waibel - Chanhassen AN EQUAL OPPORTUNITY EMPLOYER O lNVBNTG_x_-t Y .-AND EVA-LIUATJON' SOXT.:AND W.ATE;Ei ktESOUItC;JsS FOR THE CARVER SOIL & WATER CONSERVATION DISTRICT COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 BLOOMBERG COMPANIES INCORPORATED ' OUTLOT 1, COLONIAL GROVE - STORM RUNOFF FOR COLONIAL GROVE 2ND ADDITIONS DRAINED TO LOTUS LAKE • DNR PERMIT.APPLICATION 80-6128 REQUESTED BY: _ MINNESOTA DEPARTMENT OF NATURAL RESOURCES - ST. PAUL, MINNESOTA REVIEWED BY: - 'DONALD C. BERG, DISTRICT CONSERVATIO-71IST_ - USDA SOIL CONSERVATION SERVICE • COUNTY OFFICE BUILDING - WACONIA, MINNESOTA 55387. DECEMBER 13, 1979 _ - _ SCS-CONS-5 REV. 11-73 FILE CODE CONS- 14-5 INVENTORY & EVALUATION MINNESOTA DEPARTMENT OF REOUESTED BY NATURAL RESOURCES U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE MMMMM GFML'(Rx UNIT OF GOVERNMENT LOCATION ST. PAUL. MINNESOTA ASSISTED BY DONALD C. BERG DISTRICT CONSERVATIONIST DATE DECEMBER 13. 1979 SITUATION: It is proposed to excavate and reduce the size of a small type III marsh in Outlot 1, Colonial Grove at Lotus Lake, located in the Nam, NEB, Section 12 in Chanhassen. The pond outlet shown on the attached plan will be connected to a storm sewer into Lotus Lake. The attached plan has been changed according to Dale Campbell, Schoell and Madson, and the storm sewer outlet now goes more nor- therly through Horseshoe Drive. The existing pond cutlet ditch is south through Cheyenne Drive, using a 15" CMP that has a concrete plug with a steel cap closing the downstream end. SUGGESTED SOLUTION (S) : The potential continuing problems are: Lots I+ 2 5 2 14 15, 16, and 17 are shown on the lan_in the marsh area. What provision is made to protect the houses that will be built on these lots from 'wet basements' frost damage and shrink swell, etc? Is the size of the storm sewer adequate in relation to the watershed runoff from a 100 year rain storm? What is the flood protection plan? Is there any provision for emergency over land flow if the storm sewer is frozen or plugged? What is the expected water quality of the pond shown on the_ plan after it is used for sediment collection? See Attached: Plan Mar) (Ontr1a.tPA4) cz.ii, na", .--A * Circle appropriate category. �o wet got *#--Sh 3000 Feet 4 MN0024 !� S O I I NTERPRETAT IONS RECOR C� OMLRA(S)= 103 REV. KRV.ELB• 6-76 -LOAMY MIXED MESIC ew CORDOVA SERIES TYPIC ARGIAOUOLLS. FIN + + THE CORDOVA SERIES CONSISTS OF DEEP. POORLY DRAINED SOILS FORMED IN LOAMY GLACIAL TILL UNDER MIXED HARDWOODS AND GRASSES IN DRA[NAGEY AYS AND IN FLATS IN UPLANDS. THE SURFACE LAYER IS BLACK AND VERY DARK GRAY SILTY CLAY LOAM 10 INCHES THICK• THE SUBSOIL IS VERY DARK -GRAY DARK GRAYISH -BROWN AND OLIVE -GRAY SILTY CLAY LOAM IN UPPER 12 INCHES AND MOTTLEO DARK - GRAY• OLIVE -GRAY AND GRAY CLAY LOAM IN LOWER 17 INCHES. THE UNDERLYING MATERIAL IS VARIEGATED OLIVE AND LIGHT OLIVE- R"h. CALCAE.c,us CLAX_LQAM. ASOIL PROPERTIES E(A) PES RANGE FRQjL THESE LILS ARE USED MOSTLY FOR CROAND• --) _ _— _ _ ESTIMATED _S PL_. B JDEPTHI I I IFRACTIPERCENT OF MATERIAL LESS ILIDUID IPLAS- I(IN.)I USDA TEXTURE I UNIFIED 1 AASHTO 1>3 INS THAN 3- PASSING SIEVE NO, I LIMIT ITICITYI I---1 IIPCTI I 4 1 10 I 40 1 200 1 IINDEX I I 0-1015ICL. L. CL SOL. ML. MH IA-6. A-7 1 0 198-100 96-100 90-98 70-85 J 38-60 112-25 I 110-351SICL. CL ICL IA-7. A-6 I O I90-100 90-300 85-95 65-80 138-50 120-30 I 135-601CL ICL IA-6 1 0-5 190-100 90-100 80-95 55-70 I 30-40 112-20 1 I I I I I I I 1 1 I 1 I 1 I I__I L- SDEPTHSCLAY (MOIST BULK) PERMEA- 1 AVAILABLE I SOIL 1 SALINITY S SHRINK- (EROSION( YI ND SDRGANLC) CORRD SI Vi TY I I(IN.)I(PCT I DENSITY J BILITV (WATER CAPACITYIREACTIONI(MMHOS/CM)I SWELL IFACTORSIEROD.IMATTER 1 I 1 IonTFNTT All K I T IGROUPI (PCT) I STEEL__ICONCRETEI 1 _ I O-l0I ( 10.2-0.6 S 0.18-0.22 16.1-7.3 I IMODERATE 1.281 5 1 6 1 1 ml 1 LOW 1 110-351 I ( 0.2-0.6 1 0.15-0•L9 15.1-7.8 1 - IMODERATE 1.281 I I35-601 I 1 0.6-2.0 1 0.14-0.16 17.4-8.4 1 - IMODERATE 1.281—�_ I I I I 1 i t I I I 1 I 1 I 1 I I 1 I I I�--�- BEDROCKD )HYD POTENT- S FLOODING DEPTH KIND MONTHS DEPTH IHARDNESSIDEPTH (HARD NESS IINIT•STOT AL IGRP- FROST IM N J—fREOUENCY _� DURATION >60 0 HIGH SANITARY FACILITIES [ONSTRUCTlOh MATERIAL _ I 1 SEVERE-WETNESS.PERCS SLOWLY II I POOR -WETNESS (SEPTIC TANK I If I 1I ROADFILL I 1 I ABSORPTION I 1 1 FIELDS I II I 1I I IMPROBABLE -EXCESS FINES I S SEVERE -WETNESS I J SEWAGE 1 II 1I SAND I I I LAGOON 1 1 1 AREAS 1 II II I IMPROBABLE -EXCESS FINES I S� I SEVERE -WETNESS I J SANITARY I II II GRAVEL S 1 I LANDFILL 1 I 1 1 {TRENCH) I II POOR -WETNESS S 1 SEVERE -WETNESS i 1 SANITARY 1 if 11 TOPSOIL 1 I 1 LANDFILL f II I I I (AREA) 1 1 S POOR -WETNESS II WATER MANAGEMENT S DAILY I If I MODERATE -SEEPAGE I COVER FOR i LANDFILL 1 11 POND 1 1 I J1 RESERVOIR 1 II AREA I 1 SITE DEVELOPMENT 1 @UIJ•DING 11 1 SEVERE -WETNESS i S SEVERE -WETNESS ((EMBANKMENTS 1 1 SHALLOW I 1I DIKES AND I 1 1EXCAVATIONS 1 1 I jl LEVEES I 1 11 I SEVERE -SLOW REFILL I S J SEVERE -WETNESS 1 DWELLINGS I If EXCAVATED 1 ell 11 PONDS I J YITHCU7 J IIAOUIFER FED I I BASEMENTS 1 1 1 SEVERE -WETNESS 11 i FROST ACTION Y DWELLINGS 1 If 11 DRAINAGE 1 1 S WITH 1 1 J BASEMENTS i j! I 1 1 I SF VFRF-WETNESS 11 1 WETNESS I 11 II IRRIGATION I I 1 OKSMALL OMMERCIAL I S BUILDINGS S SEVERE -LOW STRENGTH.WETNESS.FROST ACTION J1 I WETNESS 11 TERRACES I LOCAL 11 AND I 1 .I ROADS AND I IJ DIVERSIONS I I 1 STREETS 1 1 S LAWNS. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: December 9, 1980 TO: City Attorney, Russ Larson City Engineer, Jim Orr FROM: Land Use Coordinator, Bob Waibel SUBJ: Escrow Account, Colonial Grove Second Addition PLANNING CASE: P-427 The Bloomberg Companies have requested a finalization on their escrow account for the platting of the subject addition. Please indicate to myself whether or not your offices have any outstanding charges on this case. B W : n r i, 0, kX r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED SUBDIVISION, REZONING, AND PRELIMINARY DEVELOPMENT PLAN REVIEW, FOR HER- BERT BLOOMBERG, CHANHASSEN, MIN- NESOTA. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 27th day of September, 1973 at 8:45 p.m., at the City Hall at 7610 Laredo Drive, Chanhassen, Minnesota, to consider the rezoning, subdivision, and preliminary development plan proposals of Herbert Bloomberg for the parcel known as Colonial Grove II, legal described as follows: "Colonial Grove at Lotus Lake, Outlot 02." A plan showing said proposal is available at City Hall :or inspection. All persons interested may appear and be heard at said time and place. BYORDEAOFTHE PLANNING COMMISSION Assistant City Planner, Bob W aibel F blish in the Carver County Herald on September 13. 78) ffidaydit of Publication Sate of Minnesota ) )SS. County of Carver ) William McGarry , being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1906 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed -Public Hearing hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on Wed. the 13 th day of S 2 pt - 104-Q and was thereafter punted and published on every to and including the day of 19_ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcde fghi jklmnopgrstuvwayz Subscribed and sworn to before me this o� I day of � v (Notarial Seal) LORRAINE LANO �!� / NOTARY PUBLIC — MINNESOTA t 0 CARVER COUNT; �7:.. My Commission Expires June 29, 1982 'a4 . JGK Notary public, eo_Z/""`'' County, My Commission Expires 19 CS -el Minnesota Pollution Control Agency The Honorable Walter Hobbs DEC 9 t�� Mayor, City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mayor Hobbs: Enclosed is a copy of Permit Number 11914 for construction and operation of a sanitary sewer extension in Chanhassen. Please review the permit carefully, and let us know if you have any questions concerning it. You may contact me at the above address or call (612) 296-7246. Sincerely, Perry T."'Beaton, P.E. Chief, Facilities Section Division of Water Quality PTB/MYMH: jm Enclosures cc: Chanhassen City Council, c/o Donald Ashworth, City Manager Schoell and Madson, Inc. Metropolitan Council Metropolitan Waste Control Commission DEC1980 RECE M VIUAGIC or MINN. � Phone: 296-7201 1935 West County Road B2, Roseville, Minnesota 55113 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer N 14k im 's Minnesota Pollution Control Agency VCP PERMIT FOR CONSTRUCTION AND OPERATION OF DISPOSAL SYSTEM Chanhassen Carver County Pursuant to Authorization by the Minnesota Pollution Control Agency, and in accordance with the provisions of Minnesota Statutes, 1976, Chapters 115 and 116, plans are approved and a permit is hereby granted to the City of Chanhassen for construction and operation of a sanitary sewer extension in Chanhassen. The facilities consist of 1,050 linear feet of 8-inch sanitary sewer pipe. The facilities are further described in plans and specifications designated "Colonial Grove" received December 2, 1980, prepared by Schoell and Madson, Inc., for the City -of Chanhassen. SPECIAL CONDITION The permittee shall comply with all rules, regulations and requirements of the Minnesota Environmental Quality Board Prior to construction of the proposed project. ?rely, 1'". Beaton, P.E. Chief, Facilities Section Division of Water Quality PERMIT NUMBER: 11914 DATED: DEC 19 1980 Phone: 296-7201 1935 West County Road B2, Roseville, Minnesota 55113 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer 41L;)JW . Minnesota Pollution Control Agency NUCP MINNESOTA POLLUTION CONTROL AGENCY GENERAL CONDITIONS FOR SANITARY SEWER EXTENSION PERMITS October 1, 1975 GENERAL CONDITIONS: 1. This permit shall not release the permittee from any liability or obligation imposed by Minnesota or Federal statutes or local ordinances and shall remain in force subject to all con- ditions and limitations now or hereafter imposed by law. The permit shall be permissive only and shall not be construed as estopping or limiting any claims against the permittee for damage or injury to persons or property, or any waters of the state resulting from any acts, operations or omissions of the permittee, its agents, contractors or assigns for damage to state property, or for any violation of the terms or conditions of this permit. 2. No assignment of this permit shall be effective until it is executed in writing and signed by the parties thereto and thereafter approved by the Agency. 3. No major alterations or additions to the disposal systems shall be made without the written consent of the Agency. 4. The use of the disposal system shall be limited to the treatment and/or disposal of the sewage, industrial waste, other waste materials or substances described in the plans and/or permit application and associated material filed with the Agency. 5. The Agency may modify, suspend, or revoke in whole or in part, this permit after giving notice and providing an opportunity for a public hearing or by taking direct enforcement action, including failure: (a) to comply with the terms stated herein, or (b) to comply with Agency water quality regulations and standards presently in force. Nothing herein shall prohibit the Agency from exercising its emergency powers. Phone: 1935 West County Road B2, Roseville, Minnesota 55113 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer O r 'i MINNESOTA POLLUTION CONTROL AGENCY Division of Water Quality INFORMATION RELATIVE TO REVIEW OF PLANS AND PERMIT APPLICATIONS October 1972 The review of plans and specifications for sewage, industrial waste or other waste disposal systems and applications for permits for the same is made in accordance with the authority conferred by law (see MS 1971, Section 115.07). Approval of plans and permits is based upon the assumption that the information provided by the applicant is cor- rect and that all necessary legal requirements have been or will be satisfied. Plans for sewage, industrial waste or other waste disposal systems are examined with regard to the design features which apply to operation and maintenance of the treatment works or sewer system, the degree of treatment to be provided, the effectiveness and reliability of the system or methods employed, and compliance with applicable standards of quality and purity for waters of the state or effluents of disposal systems. The bulletins entitled Recommended Standards for Sewage ?corks, 1971, revised edition, Tentative Standards for Design of Small Sewage Works, July 1962 and Federal Guidelines for Design, Operation and Maintenance of Waste Water Treatment Facilities, September 1970, and supplements thereto, as well as other memoranda, are used as a guide in examination of the design, operation and maintenance aspects of the proposed system. Sewer plans are recommended for approval on the basis that the system is to collect only domestic sewage and such industrial or other waste as may have been provided for in the design. Foundation or footing drains to collect ground water and roof drains or other surface water conduits should not be connected to the sanitary sewer system. Ade- quate field supervision and inspection by a qualified representative of the owner should be provided at all times during construction to assure that the project is constructed in compliance with the approved plans and specifications. The Agency assumes no responsibility for the integrity of structures or physical features, or for the reliability, durability or efficiency of specific items of propriety equipment or material. All applicable federal, state and local laws, regulations or ordinances must be followed in the design, location and construction of proposed sewer systems or treatment works. The Agency reserves the right to withdraw its approval of plans if construction is not undertaken within a reasonable period after issuance of the permit. mETROPOLITAn WAJTE conTROL commlrrlon Twin Cities Rrea December 3, 1980 Mr. Donald W. Ashworth City Manager City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Re: SSES for Colonial Grove Dear Mr. Ashworth: 1llslkv The. Metropolitan Waste Control Commission has reviewed your application for a sanitary sewer extension for Colonial Grove. This project is in accord with your comprehensive sewer plan (CSP) and consistent with the Metropolitan Urban Service Area. We will file this project as part of your CSP and inform the Minnesota Pollution Control Agency that we have no objections to the installation of these facilities. Sincerely, W9, 4" R. A. Odde Staff Engineer RAO:DAE:hw cc: Metro Council Myrna Halbach, MPCA 350 METRO/QURRE BLDG. 7TH 6 ROBERT/TREET/ AmT PAUL Mn 551O1 612/222.8423 DEC 1980 0 RECEIVED rAw, 4 MINIt ..,i.dO JA LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WrST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ TELEPHONE OF COUNSEL October 7, 1980 (612) 335-9665 HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. William McRostie c/o Bloomberg Companies, Inc. 551 West 78th St Chanhassen MN 55317 Re: Colonial Grove Second Addition Dear Mr. McRostie: On September 22, 1980 the Chanhassen City Council approved the Development Contract and Non -Conforming Use Permit for Colonial Grove 2nd Addition with certain modifications. Enclosed you will find my proposed revised development contract and revised non -conforming use permit. I have made the following changes to the development contract: 1) In section 5(b) the first and last sentences have modified; 2) Page 4a has been modified; 3) Section 12 has been modified. The non -conforming use permit has been changed by inserting the word "tennis" in both section 1.02 and 2.06. If you find the enclosed documents to be in order, please have them both executed by Bloomberg CO,,Inc, In addition, the signature of the homeowners' association is required on the non -conforming use permit. I trust that you have taken the necessary steps to incorporate the homeowners' association. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney cMM:ner enc h6 $ 9101117 !% cc: Bob Waibel �K cV OCT1980 sal RECEIVED C VILLAW, OF r' CHANHASSEN, �'',p� MINN. ,�h? Council Meeting Septembe_ 22, 1980 -3- REVIEW PIANS AND SPDCIFICATIONS, PUBLIC IMPROVMMS, CHRISZMAS ACRES: Dale 11aniiltc Suburban Engineering, and Brack Ward were present requesting that the Council deletE the requirement of looping the watermain through Christmas Acres because of the cost involved (approx. $16,000). C(5 Councilman Geving moved to deny the request and that the Council reaffirm the positi ,y that there will be a looped watermain from Pleasant View Road. through Christmas Acre back to Pleasant View Road as prescribed in the development contract. Motion second by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux; Council Pearson, Geving, and Swenson. No negative votes. Motion carried. DEVELOPMENT CONTRACT APPROVAL, COLONIAL GROVE SBrOND ADDITION: Bill McRostie was pr changes discuss proposed ches in the development contract. RESOLUTION #80-36: Councilman Pearson moved the adoption of a resolution approving the development contract for Colonial Grove Second Addition as submitted in. the September 22, 1980, Council Agenda with three amendments. 1. Page 3. That the amortization period for the 1980 special assessments be eight years. 2. Page 4a. That Option #1 on the letter_ of credit expiration date be selected. 3. The developer may apply for letter of credit 'reductions on a semiannually basis as reductions in the unpaid principal balance on the 1980 project assessments oc( Resolution seconded by Councilman Geving. The following voted in favor: Acting May( Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carrie( Councilman Pearson moved to approve the non -conforming use permit for Beach Lot - Colonial Grove at Lotus and Lake and Colonial Grove at Lotus lake Second Addition as submitted in the September 22, 1980, Council Agenda with the addition of tennis cc in section`.1, subsection 1.02. Motion seconded by Councilman Geeing. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes.. Motion carried. SATELLITE FIRE STATION: The Miller's have presented a counter offer of 1.1 acres, instead of 1.5, for an amount of $27,500. The Council directed staff to present $27, for 1.5 acres. BILLS: Councilman Swenson moved to approve the bills dated September 22, 1980. Chec #12008 through#12083 in the amount of $692,874.51 and checks-#15628 through #15730 in the amount of $227,925.02. Motion seconded by Councilman Pearson. The folladng voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. FIDE FILL. SITE: Mr. Eide is not happy with the job that was done in taking fill out of his property at Lyman Blvd. and Lake Riley Blvd. Staff was instructed to meet wit Mr. Eide and explain that the design for the reconstruction was drawn by the DNR. Staff, DNR, and Department of the Army have inspected the site and have approved it. �4Q MERLE YOLK PROPERTY: Mr. -Volk will appear before the Planning Com-nission to ask if they would entertain some sort of zoning amendment for his property on Galpin Blvd. Councilman Pearson moved to adjourn. Motion seconded by Councilman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Meeting adjourned at 12:00. '.J Don Ashworth City Manager CITY OF � CHANHASSEN --- 7610 LAREDO DRIVE • P O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 22, 1980 SUBJ: Development Contract Approval, Colonial Grove 2nd Addition The following item "Conditional Use Permit, Holasek Tree Utilization Proposal, Galpin Blvd." was published for this time slot. The City Attorney's office was unable to complete the permit in time for this agenda. Consideration on October 29, 1980, is anticipated. Development Contract Approval, Colonial Grove 2nd Addition: Attached please find the City Attorney's draft of the development contract, including non -conforming use permit for the beach lot. This office believes that such documents are in accordance with City Council action. Although no action was taken by the Council, this office questions Section 5 "Pa-.-ment of S.jecial Assessments". Specifically, the existing assessments for 1977 sewer and water project are proposed to be continued to:be assessed over a 15 year period. This did not occur in the case of New Horizon's development wherein they were required to shorten the repayment of existing assessments to parallel the letter of credit for new construction within that development. Holding a similar philosophy, in this instance, would mean that the certified 1980/collectible in 1981 special assessments for the 1977 project would remain as currently certified. However, beginning in 1981/collectible 1982, the assessments for both the 1977 project as well as for the road and storm sewer construction would be over an equal, shorter period. The developer requested that the assessments be carried out over as long a period as possible - 8, 10 or more years. This office previously recommended a 5 year period (paralleling the period of years allowed in the Ecklund and Swedlund development - East Lotus Lake) and would recommend that all of Section 5 be amended to include both the requirement for the shortened repayment of existing special assessments and new assessments to a 5 year period. This recommendation would include changing the letter of credit so that such covered both the new work as well as repayment of existing assessmen s Mayor and Council -2- September 22 In regards to the non -conforming use permit (beach lot), it should be noted that such does include authorization to use such by both the first addition as well second addition residents. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Donald W. Chanhassen Box 147 Chanhassen LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 September 9, 1980 Ashworth City Manager MN 55317 Re: Colonial Grove Second Addition TELEPHONE (612) 335-9565 Dear Don: On August 18, 1980, the Council acted to authorize extension of public utility services to Colonial Grove Second Addition as a public improvement project. Mr. McRostie's letter of February 15, 1980 appears to be a sufficient petition for the installation of the improvements under Chapter 429. The developer has provided me with a typed title opinion indicating that Bloomberg Companies Incorporated is the sole owner of the subject property. Thus, the requirement that all of the owners sign the petition appears to have been met. If you find the enclosur.e_ to be in order, please obtain the necessary signatures and place the original copy of the resolution in the City's file for this improvement project. CMM:ner enc /Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney �C%g1 140 SEP 1980 RECEIVED N VILLAGE OF CHANHASSEN, MINN. .Uti IL CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 47-X AN ORDINANCE AMENDING SECTION 14.11 OF THE CHANHASSEN ZONING ORDINANCE. THE CITY COUNCIL OF CHANHASSEN ORDAINS: Section 1. Section 14.11 of Ordinance No. 47 entitled "The Chan- hassen T -'..Zoning Ordinance) adopted February 8, 1972, and as amended heretofore, is hereby further.amended by adding the following tract of land to those.tracts of land encompassed within the boundaries of the Planned Residential Development District, P-1, as set forth in said Section 14.11 as amended heretofore:- 7• Outlots 1 and 2, "Colonial Grove at Lotus Lake," according to the plat thereof on file and of record in the office of the Registrar of Titles, Carver County, Minnesota. As said plat has been reformed by Court Order dated October 15, 1979, shown as a memorial hereon, which order extends the side lines of said lot as shown on the plat to the shoreline of Lotus Lake and includes within said lot all lands lying between said side line as so extended, and between the adjacent street and the shore of Lotus Lake as shown on the plat as originally filed.- (Outlot 1, Colonial Grove at Lotus Lake). Section 2. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the Council this 18th day of Febru 19 0. ATTEST • _ ``'� 6 Walter B. Hobbs, Mayor Donald Ashworth City Clerk/Manager Public Hearing Held September 27, 1978. Pub. Carver County Herald _ Se tember 24 _, 1980. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH Donald W. Chanhassen Box 147 Chanhassen Dear Don: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 September 8, 1980 Ashworth /LEPHONE % (612) 33S-9565 i City Manager MN 55317 Re: Colonial Grove 2nd Addition I� I. REZONING The City Council at its meeting of February 18, 1980 voted to rezone Colonial Grove 2nd Addition from R1 to P1. Enclosed you will find our proposed Ordinance 47-X which would have the affect of carrying out this rezoning. If you find the ordinance to be in order, please arranJe for one publication in the Carver County Herald. II. DEVELOPMENT CONTRACT Our proposed development contract was reviewed by the City Council at its meeting of August 18, 1980. Approval of the development contract was tabled, pending the outcome of further staff dis- cussions with the developer concerning usage of the beach lot and concerning the filing of a letter of credit as security. Enclosed you will find our proposed revised development contract. The changes in this draft are as follows: Section 5(b) now provides that the assessments for the street improvement project are to be amortized over a period of years to be determined by the City Council at some future date. The interest rate on the special assessments is determined in accordance with a formula set forth. This formula is the same as was utilized in the development contract for Chanhassen Lakes Business Park. Section 9: The section has been re -labeled to avoid confusion. The section specifically states that the developer may not record the plat until the letter of credit has been filed with the City and approved by the City Attorney as to form. A sentence has been added concerning the ultimate expiration date of the letter of credit. In the absence of any specific counsel direction, concerning the proper expiration date, I have prepared the language so that the City must select one of three choices stated in Section 9. I recommend Donald W. Ashworth September 8, 1980 Page Two that the first option be selected. III, BEACH LOT USAGE The beach lot in Colonial Grove was established prior to the adoption of the zoning ordinance. That ordinance provides that neighborhood recreation areas may be established only upon issuance of a conditional use permit by the City Council. The beach lot at Colonial Grove has the status of a non -conforming use. Any expansion of that non -conforming use would require the issuance of a conditional use permit. For the purpose of memorializing the extent of present usage of the beach lot, I submit the enclosed non -conforming use permit for your consideration. The Planning Commission at its meeting on August 13, 1980 recommended that approval of the 2nd Addition be conditioned upon subjecting the beach lot to all of the beach lot restrictions set forth in the Lake Study Committee report of January 7, 1980. The imposition of the lake study recommendation would violate certain vested rights held by owners in the First Addition; specifically the prohibition against docks and the prohibition against boat launching. In the non -conforming use permit I have attempted to incorporate only those lake study reconffnmendations which do not seem to be in conflict with the vested rights of First Addition owners. IV. RECOMMENDATION I recommend that the enclosed development contract and the enclosed non -conforming use permit be submitted to the City Council as a consent agenda item. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner enc CITY GF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: August 18, 1980 SUBJ: Final Development Plan Review, Colonial Grove 2nd Addition (31 Residential Lot Subdivision - Highway 101) Including Accepting Feasibility Study and Authorizing Plans and Specifications. As can be seen from the documentation at the rear portion of this enclosure, the approval process for Colonial Grove 2nd Addition has extended over an extensive period of time (public hearing by Planning Commission for preliminary plan in Fail of 1978). Action by the City Council includes: l). Approve prelminary plat - this plat is in accordance with the preliminary development plan. 2). Development contract - this contract outlines work to be completed within Colonial Grove 2nd Addition as a public improvement project. As noted in the City Attorney's letter of August 7, revisions to the development contract would be required if the City Council determines not to allow improvements as a public improvement project. Action by the City Council in regards to the development contract should occur in a twofold manner: a). Determine whether the project is to proceed as a public improvement project. Approval would be recommended with the condition that such construction be guaranteed by a letter of credit in the amount of 110% of the project costs. Further, should the Council act to consider improvements as a public improvement project, two subsequent actions would be necessary, i.e. a Council determination to waive public hearing.requirements under state statutes 429 (contingent upon attorney drafting and property owner signing a waiver agreement in agreeing to being assessed 1000 of public improvement costs), and authorizing the City Engineer to prepare plans and specifications. In addition to these actions, establishment of the interest rate and number of years, b )_ . of the proposed assessment is recommended. This office would recommend an 8-o interest rate with 5 years for repayment. Should the City Council act not to allow improvements to be completed as a public improvement project, the attorney's office should be instructed to modify the development contract so as to show the improvements to be completed as private construction with an applicable letter of credit. Approve development contract with conditions of such -. decisions made by the City Council under section a), above, are assumed to be included in any final action under this section. Additionally, the City Council should subject any development contract approval to include the condition outlined by the Planning Commission as shown in the Land Use Coordinator's report of August 14, and requiring that the Homeowner's Association documents be modified to include covenance amendments a)-d) as outlined in the City Attorney's memorandum of August 8, 1980. After approval of the two items noted above, i.e. preliminary plat and development contract, a motion to accept the final development plan would be in order. CITY GF t° CHANHASSEN 7610 LAREDO DRIVE9P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 I�i_weI-i k b DATE: August 14, 1980 TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel SUBJ: Development Contract/Colonial Grove II APPLICANT: Bloomberg Companies, Inc. PLANNING CASE: P-427 Attached please find the proposed development contract reviewed by the Planning Commission last evening. The Planning Commission recommended that the City Council approve the preliminary plat of Colonial Grove II by Carderelle and Associates dated January 28, 1979 and the development contract for Colonial Grove II with the condition that the Lake Study Committee recommendation for beach lots be incorporated into the second addition covenants or development contract. 8-13-80 Chanhassen Planning Commission Minutes - page 4 The Planning Commission encouraged the applicant to proceed with his plans and recorded no major opposition to the proposal at this time. DISCUSSION, FTNAL4DEVELOPMENT PLA COMPANIES, INC. p_, AA LONIAL GROVE I] BLOOMBERG Mr. Waibel introduced the subject item referencing the proposed Development Contract and noted that the proposal is unique in that it does have parcels in the proposed plat which are immediately developable. Mr. Craig Mertz explained his letter of August 8, 198O, referring to the Beach Lot Covenants and Restrictions. Mr. Mertz stated that the Covenants appear to be in order although they do not specifi- cally talk about over -night parking, over -night storage of boats, or erecting structures; however, it was explained that any changes requesting any of the above would be required to under -go a public hearing for Conditional Use Permit.. It was additionally noted that the beach lot in question has been established for some time and has been used by certain homeowners within the Colonial Grove 1st Addition. Mr. J. Thompson moved the City C-ouncil accept the Development Contract as drafted with the provision that the Lake Study Commission recommendation for Outlots be included in the Restrtctive Covenants and/or the Development Contract for Colonial Grove 2nd Addition. Motion seconded by Mr. M. Thompson. All voted aye. Motion carried. Mr. J. Thompson moved that staff document an inventory of structures on the beach lot in order to determine any intensifi- cation of usage brought on by Colonial Grove 2nd Addition. Motion was seconded by Mr. M. Thompson. All voted aye. Motion carried. DISCUSSION, OVERLAY ZONING CONCEPT FOR DOWNTOWN REDEVELOPMENT PROJECT. Mr. Waibel had informed the .Planning Commission that Bather- Ringrose-Wolsfeld (BRW) has submitted a proposal for a work plan to accomplish the subject item and that a similar approach should ultimately be carried out. LAKE ANN BARN P'ROP0SAL In discussion, the Plannfng Commission discussed the placement of a pole barn to Lake Ann Park and had no objections to such. 4 CITY -OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: August 11, 11980 TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel SUBJ: Final Development Contract Review, Colonial Grove II APPLICANT: Bloomberg Companies, Inc. PLANNING CASE: P-427 Attached please find the proposed development contract draft for the subject development.. The city engineer's review -of the preliminary plat information, has indicated that there are no significant changes to the preliminary development plans from the analysis done on the prelminary plat. The proposed development contract appears to be in order and consistent with the city's development policies-. The Planning Commission might note that this development proposal is rather unique in that it does have immediate developable parcels along Cheyenne and Sandyhook Road. Recommendation I recommend that the Planning Commission recommend that the City Council accept the attached development contract for Colonial Grove II. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (] (612) 335-9565 OF COUNSEL August 7, 19`Q 0 HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Chanhassen Assistant City Manager p�56' 8,,9 Box 147 `b /�j Chanhassen MN 55317 *�� Afi 1980 5RECEIVED n VILLAG@ OF Re: Colonial Grove Second Addition �� CI'I " MINN.MINININ Dear Bob: 9fZCCZ71����, Enclosed you will find my proposed development contract for the above described property. The contract has been drawn on the assumption that the installation of public utilities would be accomplished as a Chapter 429 project, guaranteed by a letter of credit from the developer in an amount equal to 110% of the project costs. If the Council should decline to construct these utilities, Sections 1, 2, 5 and 7 of the contract will have to be revised. The preliminary engineering plans submitted by the applicant to date have been critiqued in the following documentsfound in your file: 1) Schoell &Madson letter of April 6, 1978, 2) Watershed District letter of September 12, 1979, 3) Schoell &Madson letter of December 26, 1979, 4) Schoell'&Madson letter of February 14, 1980. Should the developer choose to proceed with the improvements as a private project, the applicant's final engineering plans must be reviewed to ascertain compliance with the standards described in the above referenced correspondence. If you find the development contract to be in order, please arrange to submit this item to the City Council along with the Schoell &: Madson feasibility study. On February 18, 1980 the City Council gave preliminary approval of a rezoning change from R-1 to P-1. I will prepare the necessary rezoning ordinance at such time as final plat approval has been received by the developer. Very truly yours,^ n d ,�, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner Enc CITY OF CHANHASSEN a PLAT OF COLONIAL GROVE AT LOTUS LAKE SECOND ADDITION BLOOMBERG COMPANIES INCORPORATED DEVELOPMENT CONTRACT WHEREAS, application has been made by Bloomberg Companies Incorporated (The Applicant) to subdivide and develope for residential purposes that certain tract of land which is more particularly described on Exhibit A attached hereto and made a part hereof, which tract of land is referred to hereinafter as "the Subject Property"; and WHEREAS, the Subject Property is zoned:R-1, Single Family Residence District, and lies wholly within the City of Chanhassen; an( WHEREAS, Section 19.13 of the Chanhassen Zoning Ordinance requires that all proposed land developments which contain 25 or more single family lots to be submitted to the City Council as planned unit developments; and WHEREAS, the Applicant has made application under the Chanhassen Zoning Ordinance for City Council approval of a Planned Residential Development District encompassing all of the subject property; said district and plat to contain approximately 610,240 square feet, including 31 residential building sites and one outlot; and WHEREAS, a public hearing was held by the Chanhassen Planning Commission on September 27, 1978 to consider public comment on said development plans, plat and re -zoning; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced streets, concrete curbs and gutters, storm and surface water drainage facilities, street signs and lighting, municipal water and sanitary sewer facilities and under- ground electric and underground telephone service lines to all lots in plats approved by the City; and WHEREAS, the applicant has made application to the City to be allowed at applicant's expense to construct, install and perform all work and furnish all materials in connection with the installation of the following improvements: a) street signs; b) underground utility lines; and c) street lighting; and WHEREAS, the Applicant has petitioned the City to construct and install the following public improvements within the plat and to have the cost thereof assessed against the Subject Property therein under the provisions of Chapter 429 of Minnesota Statutes: 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; and WHEREAS, the Chanhassen City Council, be resolution adopted , has authorized the construction of said public improvements as Project (hereinafter The 1980 Project). NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the development plan and the plat of Colonial Grove at Lotus Lake Second Addition, the City and the Applicant agree as follows: 1. Improvements by Applicant. Applicant agrees at its 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 signs; b) underground telephone and electric service lines; and c) street lighting. 2. Standards of Construction. Applicant agrees that all of the improvements described in Ill above 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 the improvements described in Ill and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and speci- fications, 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 the Applicant. 4. Schedule of Work. The Applicant 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 Applicant of the existence of causes over which the Applicant has no control which will delay the completion of the work, the City, in its discretion, may extend the dates hereinafter specified for completion. -2- 5. Payment of Special Assessments. a) Allocation of Project 75-10 Special Assessments. The subject property is subject to special assessments levied in 1977 on account of the East Lotus Lake Sewer Project 75-10 as follows: Outlot 1 (First Addition) $40,980.00 Outlot 2 (First Addition) 68,010.00 $108.990.00 Said $108.990.00 amount, after credit is given for principal payment received by the City heretofore, shall be allocated in 31 equal shares to the 31 lots in the proposed plat. b) Terms of Payment of The 1980 Project ZpecialPssessment The Applicant agrees that the entire cost of the installation of The 1980 Project improvements she be paid by the Applicant to the City as special assessments levied against the properties in the proposed plat benefitted by said public improvements in ( ) equal annual installments with interest on unpaid installments at the rate of percent ( ) per annum. c) The Applicant waives its right of appeal under §429.081 of Minnesota Statutes as to The 1980 Project special assessments. Commencement Date for Installment Pa nt of the 1980 Project Special Assessments. If the special assessments levied by resolution for the construction of The 1980 Project improvement pursuant to this agreement are adopted by the Chanhasse City Council between October loth of any year and April loth of the following year, the Applicant agrees that it will pay the City one-half (1/2) of the first annual installment with interest on or before May 31st next following the date of adoption of The 1980 Project assessment roll, and will pay the remaining one-half 1/2) of such first installment with interest to the City on or before the following September 30th. All remaining installments shall be paid as assessments to the Treasurer of Carver County as and when the general property .taxes become due . upon said property. If the special assessments levied for The 1980 Project are adopted between April llth and October 9th of any year, then all assessments due for The 1980 Project shall be paid as assessments to the Treasurer of Carver County as and when the general property taxes become due on the subject property. -3- 6. Final Grading Plan and Easements. a) Final Grading Plan. The Applicant agrees to cause their engineers to prepare a final grading plan in substantial accord with the drainage area plans thereof prepared by Cardarelle &Associates, Inc., and dated February 11, 1980. b) Easements. Applicant, at its 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. In addition, the Applicant, for itself and for its successors and assigns, agrees to convey to the City of Chanhassen upon request, an easement for public utility service vehicle purposes ( ) feet in width and extending from Sandy Hook Road northwesterly to the sanitary lift station located on Outlot A of the proposed plat. 7. Reimbursement of Costs. The Applicant 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 thereby by the Applicant. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in 1123 below. 8. Written Work Orders. The Applicant 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 Applicant without such written order first being given shall be at its own risk, cost and expense, and Applicant hereby agrees that without such written order, Applicant will make no claim for compensation for work or materials so done or furnished. 9. Performance Bond. For the purpose of assuring and guaranteeing to the City -that y tthat the improvements to be by the Applicant constructed, installed and furnished as set forth in 1fl hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicant shall pay all calims for work done and materials and supplies furnished for the performance of its obligations under this agreement and that the Applicant shall pay all special assessments when due as provided in 1f5 hereof, and that Applicant shall fully comply with all of the other terms and provisions of the development contract, the Applicant agrees to furnish to the City a cash deposit, or an irrevocable letter of credit approved by the City in an amount equal to 110% of the assessable costs of The 1980 Project as estimated by the City Engineer Upon completion of said Project, the amount of said cash deposit or letter of credit may be reduced from time to time to such amount as the parties hereto mutually agree in writing. -4- 10. Erosion Control. Applicant, at its 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. Applicant shall keep all streets free of all dirt and debris resulting from construction by the Applicant, its agents or assignees upon the Subject Property. 11. 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. 12. Street Lighting. The expense of furnishing electrical energy to the Subject Property for street lighting purposes shall be assumed by the City 24 months after the completion of installation of the street lighting system, or after 50% of the building lots have been improved by the construction of residences thereon, whichev( is first to occur. Upon the date of said assumption, the City shall also assume the expense of furnishing electrical energy to Colonial Grove at Lotus Lake (First Addition) for street lighting purposes. 13. Replacement of Defective Work. All work and materials performed and furnished hereunder by the Applicant, its agents and subcontractors found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicant at Applicant's sole expense. 14. Liability Insurance. The Applicant shall take. out and maintain, so long as the Applicant's obligations under 1113 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicant's 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 Applicant shall file a copy of the insurance coverage with the City. 15. Conveyance of Improvements. Upon completion of the installation by Applicant of the improvements set forth in ill hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicant shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicant 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. -5- 16. 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, assessments and charges applicable to the issuance of permits, including any charges payable to the Metropolitan Waste Control Commission. Provided, however, that a building permit may be issued at any time as to any lot prior to the placement of said rock stabilizing materials if said lot has frontage on any existing hard -surfaced public street. 17. Occupany of Dwellings. The occupancy of any structure within said plat for residential purposes shall be prohibited by the City until grading and installation of road construction rock stabilizing materials 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. Provided, however, that the building inspector may permit occupancy of any residential structure constructed on any lot having frontage on an existing hard -surfaced public street, even though the installation of road construction rock stabilizing materials may not have been completed. 18. Remedies Upon Default. a. Assessments. In the event the Applicant 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 Applicant of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, or may take action to cure said default, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case the Applicant agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. Applicant further agrees 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 Applicant's real property within the subject 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. In the event of an emergency, as determined by the City engineers, the notice requirements to the Applicant shall be and hereby are waived in their entirety, and the Applicant shall reimburse the City for any expense incurred by the City in remedying the condition creating the emergency. W b) Performance Bond. In addition to the foregoing, the City may utilize any cash deposit or letter of credit furnished pursuant to 119 above, to reimburse the City for the cost of making any of said improvements or for the cost of curing any default by the Applicant in its performance of any of the covenants and agreements contained herein. c) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the withii development contract, to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 19. Special Landscaping Conditions. At the time of sale by the Applicant of each of the subject 31 residential building sites, the Applicant shall advise its purchasers in writing that landscapii and location of structures on individual lots shall be determined through discussions between City staff and the building permit applicant prior to issuance of building permits, subject to the following standards and conditions: a) Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltatic and similar potential problems. b) In the event agreement cannot be reached between the City staff and building permit applicant, the City shall have the right, at the expense of the building permit applicant, to engage the services of the City engineer, planner, a landscape architect, a soil conservation consultant and others, to advise as to specific problems. c) Individual site drainage, basement waterproofing and footing drains for each residential structure to be constructed within the subject property shall be installed when deemed appropriate by the Applicant. 20. Redistribution of Existing Assessments. Applicant agrees to be bound by the etermination of the City regarding any redis-. tribution of existing assessments and the imposition of The 1980 Proje assessments for proposed lots for sanitary sewer, watermains', pubic street construction concrete curbs and gutters, and storm water drainage. 21. Tree to be Provided. The Applicant shall provide each of the 31 lots with one boulevard tree per lot, said trees to be a specie acceptable to the City Forester and of a diameter of not less than 1-1/2". -7- 22. Homeowners' Association. Outlot A of the plat of Colonial Grove at Lotus Lake Second Addition shall be reserved for the sole use of property owners within the plats of Colonial Grove at Lotus Lake (First Addition) and Colonial Grove at Lotus Lake Second Addition, and the so-called John C. Lovetang tract (more particularly described in the documents filed in the office of the Carver County Recorder at Book 83, page 23, and Book 84, page 215), in gaining pedestrian access to Lotus Lake. Applicant shall organize a homeowners' association in the form of a non-profit corporation, and said Outlot A 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 A shall be classed as nonded icated open space under the Chanhassen Zoning Ordinance, to which the provisions of Chapter 21.03 thereof shall apply. Said Outlot A. shall be encumbered with restrictive covenants which shall regulate parking of motor vehicles, docking of water craft, erection of structures, and which shall prohibit overnight camping. Said restrictive covenants shall be recorded in the office of.the Carver County Recorder after said covenants have been approved by the City Attorney. 23. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To the Applicant: Bloomberg Companies Incorporated 501 West 78th Street Chanhassen, MN 55317 24. No Building Permit. No portion of any of the 31 platted residential building site lots in the plat of Colonial Grove at Lotus Lake Second Addition lying beneath public waters shall be developed or altered without first having obtained the written consent of the Board of Managers of the Riley -Purgatory Creek Watershed District. 25. Limitation on Alteration of"0utlot A. No portion of Outlot A shall be developed, altered or disturbed in any way except after first having obtained a permit from the Chanhassen City Council for any such development, alteration or disturbance. For purposes of this development contract, said permit shall be deemed to be a conditional use permit and the permit application process and procedure shall be as set forth in 523 of the Chanhassen Zoning Ordinance. Any application for any such permit, together with appropriate supporting plans and data, shall be submitted by the Applicant to the Board of Managers of the Riley -Purgatory Creek Watershed District for its comment, which shall be advisory to the Chanhassen City Council. If no comment is transmitted by the Board of Managers within sixty (60) days after referral of the application to said Board, the City Council may take action without further awaiting such comment. For purposes of this contract, normal maintenance of the existing improvements on said Outlot A and routine mowing of existing improved lawn areas on said outlot shall not be deemed to be an alteration requiring issuance of'a City permit 26. Park' Charge Ordinance. The Applicant further acknowledges that no residential builds gn permit will be issued for any lot in the subject property except upon payment in full of the Neighborhood Park Charge established by Chanhassen Ordinance 14, as amended from time to time. 27. Final Plat. The Applicant agrees to proceed immediately with the preparation of its final plan which shall conform to its approved preliminary plan as prepared by Cardarelle & Associates, Inc, and dated February 11, 1980. 28. Proof of Title. Upon request, the Applicant shall furnish the City with evidence satisfactory to the City that it is fee owners of the subject property. 29. 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 representativE successors and assigns. 30. Duration of this Contract. This contract shall remain in force until such time as the Applicant shall have fully performed all of its duties and obligations under this contract, including but not limited to: a) Payment in full of the assessments described in 115(b) of this contract together with accrued interest and penalty thereon; and b) completion of the improvements described in ill of this contract in accordance with 1f2,3,4 and 13 of this contract. Upon the written request of the Applicant and upon the adoption of a resolution by the Chanhassen City Council finding that the Applicant has fully complied with all of the terms of this contract and finding that the Applicant.has completed performance of all of Applicant's duties mandated by this contract, the Chanhassen City Manager shall issue to the Applicant on behalf of the City an appropriate certificat of compliance. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. BLOOMBERG COMPANIES INCORPORATED By is And its STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) CITY OF CHANHASSEN Mayor Attest: City Manager On this day of , 19 , before me, a notary public --within and for said county, personally appeared Walter Hobbs and Donald W: Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the City of Chanhassen 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 Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA) ss. COUNTY OF ) On this day of , 19 , before, me, a notary public within and for said county, personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the and of Bloomberg Companies Incorporated named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its_ Board of Directors, and ' said and acknowledged sai instrument to be the free act and deed of said corporation. Notary Public i EXHIBIT A Outlots l and 2, Colonial Grove at Lotus Lake, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota. CITY OF CHANHASSEN NON -CONFORMING USE PERMIT BEACH LOT - COLONIAL GROVE AT LOTUS LAKE AND COLONIAL GROVE AT LOTUS LAKE SECOND ADDITION This permit and agreement, made and entered into this day of , 19 , by and between Bloomberg ted, and Lotus Lake Betterment Association, Inc., Companies Incorpora (hereinafter referred to collectively as the Applicant), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. Chapter 412 & 462, and the Chanhassen Zoning Ordinance, hereby grants to the Applicant herein a non -conforming use permit to maintain and operate a private neighborhood association recreational area upon Outlot A, Colonial Grove at Lotus Lake Second Addition, Carver County, Minnesota (hereinafter Outlot A), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1. Recitals. 1.01 Prior Platting of Colonial Grove at Lotus Lake. Prior to the adoption of the Chanhassen Zoning Ordinance (Ordinance 47 adopted February 8, 1972), the plat of Colonial Grove at Lotus Lake (hereinafter the First Addition) was filed with the Carver County Minnesota Registrar of Titles. Said plat included two outlots designated thereon as Outlots 1 and 2. 1.02 Prior Usage of Outlot 1. Said Outlot 1 included frontage on Lotus Lake, and has,since the time of platting of the First Addition, been continuously used by the residents of the First Addition as a lake access, boat launching area, swimming beach, and recreation area; and as such constitutes a "recreational area" operated by a residential neighborhood association for which a conditional use permit is required under section 7.04 of the Chanhassen Zoning Ordinance. 1.03 Status of Outlot 1 as a Non -Conforming Use. Because the establishment of said recreational area pre -dates the adoption of the Chanhassen Zoning Ordinance, said recreational area constitutes a non -conforming use, the expansion of which is prohibitied by section 20 of the Chanhassen Zoning Ordinance, unless a conditional use permit has been obtained first from the City for such expansion. 1.04 Platting of The Second Addition. Bloomberg, as the owner of Outlots 1 and 2 in the First Addition, has made application to the City for the approval of the plat of Colonial Grove at Lotus Lake Second Addition (hereinafter the Second Addition). By said plat, Outlots 1 and 2 in the First Addition are divided, so as to create 31 new lots and one new outlot, designated as Outlot A. Said Outlot A encompasses that portion of the First Addition which has been and is now being utilized as the aforementioned recreational area. Bloomberg means Bloomberg Companies Incorporated. 1.05 Conveyance of Outlot A to Association. Bloomberg, as the owner of Outlot A, has informed the City that it has incorporated the Lotus Lake Betterment Association, Inc. (hereinafter the Association) as non-profit corporation to which Bloomberg will convey ownership of Outlot A. Bloomberg has informed the City that neither it nor the Association will make any alteration of said Outlot A, and that said Outlot A will be made available the residents of the First Addition, and the Second Addition, and to the residents of so-called John C. Lovetang tract (more particularly described in the documents filed in the office of the Carver County Recorder at Book 83, page 23, and Book 84, page 215). 1.06 Purpose of This Permit. The within permit has been drafted for the purpose of memorializing both those recreational uses which may be conducted by the Applicant upon Outlot A in the absence of the issuance of a conditional use permit and those activities which would constitute an expansion of the use of said Outlot A, and thus, require the Applicant to seek a conditional use permit from the City prior to any such expansion. Section 2. Special Conditions. 2.01 Permit Not Transferable. This permit is personal to the Applicant and to the Association, and is not assignable or transferable except upon the written consent of the City. 2.02 Release of Bloomberg. The City, upon written request, shall release Bloomberg from its obligations hereunder upon receipt of documentation which demonstrates a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in the First Addition, the Second Addition, and the above described John C. Lovetang tract. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to Bloomberg shall have the effect of releasing the Association from its obligations, covenants, and agreements hereunder. 2.03 Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the benefit of the owners of the forty-one lots in the First Addition, the thirty-one lots in the Second Addition, and the one homesite in the above described John C. Lovetang tract. The Applicant agrees that the .use and enjoyment of Outlot A shall be limited to said owners. The use and enjoyment of Outlot A may not extend to persons other than such owners. The term "owners" as utilized in this §2.03 shall mean and refer to any natural person who is either a) the record owner of a fee simple interest, or b) the record owner of a contract for deed vendee's interest, or c) the holder of any possessory leasehold -2- interest, in the whole of any such lot or tract, including authorized guests and family members of any such persons. In the event that the above described First Addition lots, Second Addition lots, or John C. Lovetang tract are further divided subsequent to the date of this permit, the Association shall not extend usage rights to the owners of the resultant parcels unless a conditional use permit for a recreational area shall have been first obtained from the City Council. 2.04 Description of Property Subject to This Permit. The premises subject to the within non -conforming use permit are described as follows: Outlot A, Colonial Grove at Lotus Lake Second Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, in and for Carver County, Minnesota. 2.05 No Alteration of Outlot A. No portion of Outlot A shall be developed, altered, or disturbed in any way, except after first having obtained a conditional use permit from the Chanhassen City Council for any such development, alteration, or disturbance. For the purposes of this permit, normal maintenance of the existing foot dock and the existing tennis court and other existing improvements, normal maintenance and routine mowing of existing improved lawn areas on Outlot A shall not be deemed to be an alteration requiring issuance of a City permit. 2.06 Swimming and Picnicing. Outlot A may be used for swimming purposes and picnicing purposes by "owners" as that term is defined in section 2.03 above. 2.07 Buildings. No buildings, ice fishing houses, tool sheds, or tents may be erected or stored upon Outlot A. 2.08 Mooring Buoys. No mooring buoys shall be placed upon Outlot A or in the waters adjacent to Outlot A. 2.09 Airplanes. No airplane or seaplane shall be driven upon, taxied upon, or parked upon Outlot A. No seaplane shall be moored in the waters adjacent to Outlot A. 2.10 Swimming Platforms. Neither the Applicant nor any owner as hereinabove defined shall erect or maintain any swimming or diving platform on Outlot A or within the waters adjacent to Outlot A. 2.11 Certain Structures Prohibited. Except for the construction of a chain link boundary fence not exceeding five feet in height, no structure may be constructed or erected upon Outlot A. No docks, piers, boat racks, or canoe racks shall be constructed or erected upon Outlot A or in the waters abutting Outlot A. 2.12 Camping Prohibited. No owner, as defined hereinabove, or other person shall camp overnight on Outlot A. -3- 'a 19 2.13 Motor Vehicle Parking. No motor vehicle or trailer shall be parked or stored overnight or on a permanent basis on Outlot A. Section 3. Miscellaneous. 3.01 Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 3.02 Execution of Counterparts. This permit may be simultaneousl executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 3.03 Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the test of this permit, and shall not influence its construction. 3.04 Proof of Title. Upon request, the Association shall furnish the City with evidence satisfactory to the City that it has acquired fee title to Outlot A. 3.05 Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Applicant, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Bloomberg: Bloomberg Companies Incorporated 551 West 78th St Chanhassen, MN 55317 To the Associa- tion: Lotus Lake Betterment Association, Inc. c/o Bloomberg Companies Incorporated 551 West. 78th St Chanhassen, MN 55317 3.06 Owners to be Notified of This Permit. The Association shall furnish each of its members with a copy of this permit within thirty (30) days of any such member's initial membership in the Association. -4- 3.07 Section 4, Term 'of This Permit. This permit shall be perpetual. Enforcement Provisions. .... 4.01 'Reimbursement of' Costs. The Applicant shall reimburse the City for all costs, including reasonable engineering, legal, planning and adrginistrative.Expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by the Applicant. Such reimbursement shall be made within fourteen (14 ) days of the date of mailing of the City' s notice of costs as provided in S3.05 above. The Applicant's reimbursement obligation under this section shall be a continuing obligation throughout the term of this permit. 4.02 Legal Proceedings. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit or to restrain or abate violations of the within permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of 19 BLOOMBERG COMPANIES INCORPORATED By its And' its STATE OF MINNESOTA) ) ss COUNTY OF ) LOTUS LAKE BETTERMENT ASSOCIATION, 0 is And its CITY OF CHANHASSEN By its Mayor ATTEST: City Manager On this day of , 19 , before me, a notary public, within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the and of Bloomberg Companies Incorporated, and that said instrument was signed in behalf of said corporation by authority it its Board of Directors, and said and acknowledged said instrument o be the free act and dee—d—b-f—s—a-1-d- corporation. �r n PLh1 1c 'STATE OF MINNESOTA) ss COUNTY OF ) On this day of _ , 19 , before me, a notary public, within and for said county, personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the and of Lotus Lake Betterment Association, Inc., and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA) ss COUNTY OF ) On this day of , 19 , before me, a notary public within and for said county, personally appeared Walter Hobbs and Donald W. Ashworth, to me personally known, whq, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its City Council, and said Walter Hobbs and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. Notary Public CARBON SC MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ Q (] OF COUNSEL August 8, 1980 HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Assistant City Manager Box 147 Chanhassen MN 55317 Re: Colonial Grove Second Addition Dear Bob: "ELEPHONE (6d2) 335-9565 1yf M RECEIVED an �N yu;p,QE bR ) MINK. .�'1,�;s' �0E06`8�1Z9Z ®, In connection with the City Council's upcoming consideration of final plan approval for Colonial Grove Second Addition, I have reviewed the homeowners' association documents submitted to me by Mr. McRostie of Bloomberg Companies. Those documents included the following: 1) Articles of Incorporation for the Lotus Lake Betterment Association, Inc., 2) By -Laws, 3) Lease, 4) Covenants. The documents provide that the beach lot will be leased to the association for a term of 99 years at a nominal annual rent. The association has a purchase option to buy the beach lot for a nominal price. The option, however, is not exercisable until such time as the association has sixty (60) active members. The owner of the Lovetang property on Highway 101 and the owners of lots in Colonial Grove First Addition would be members of the association. The documents are ambiguous as to whether owners of lots in the Second Addition would become members of the association. Section 22 of my proposed development contract provides that the beach lot is to be encumbered with restrictive covenants which regulate the parking of motor vehicles, docking of boats, erection of structures and which prohibit overnight camping. These topics are not dealt with in the proposed restrictive covenants for the Colonial Grove beach lot. You will recall the similar situation of the Minnewashta Creek Second Addition beach lot. The covenants for that beach lot contain the following features: a) a prohibition against launching motorized boats, b) a prohibition against overnight docking, c) a prohibition against overnight parking of vehicles, anc d) a prohibition against overnight camping. Bob Waibel August 8, 1980 Page Two The planning commission may wish to make recommendations as to similar specific restrictions which should be imposed. If consideration is to be given to establishing boat launching restrictions, it should be kept in mind that the Colonial Grove beach lot has been utilized by residents of the first addition for many years as a boat launch area. A careful review of City and county records would be necessary before this office could render any opinion on whether first addition owners have any vested rights to launch boats from this beach lot. Except for the absence of beach lot use restrictions, I find the documents, as submitted,to be sufficient for Ctiy purposes. Very truly yours,,, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc: Bill McRostie CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager Jim Orr, City Engineer Craig Mertz, City Attorney FROM: Bob Waibel, Land Use Coordinator DATE: July 11, 1980 SUBJ: Colonial Grove 2nd Addition Final Plat APPLICANT: Bloomberg Companies, Inc. PLANNING CASE: P-427 Please advise me with your comments on the content of the attached letter to Mr. McRostie. Specifically I would request information on your ability to meet the tentative schedule for the City Council to consider the final plat materials and to make a decision on whether or not the utility construction should be public or private, and also whether or not building permits can be issued immediately after the plat is filed for those lots that already have municipal services to them. r. CITY OF T-1 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 . b -v4w " J 0-11 July 11, 1980 e. r Mr. Bill McRostie Bloomberg Companies d' 501 West 78th Streetly Chanhassen, MN 55,317 f Dear BillPAO-y : n%' d' L As a result of our telephone conversation of July 10, 1980, I 4>10 have. contacted raig Mertz, and Dale Campbell of Schoell and Madson, and can r port the following as to the status and timing of finaliza ion of the Colonial Grove 2nd Addition final plat. Mr. Campbel� had indicated that the feasibility study is awaiting GV final review by City Engineer, Jim Orr and such may possibly be ready for submittal to the City Council in the next week or so. Craig/Mertz had indicated that the drafting of a proposed development contact had been postponed until such time that the City Council has decided upon whether or not the improvements are to be installed privAtely or under Chapter 429. In order to avoid any unnecessary delays, I have requested that Craig draft a development contract in rough form and leaving the portion dealing with the installation and construction of improvements open until such time as the City Council acts on the petition for public financing. Craig h d also stated that the draft development contract may be ready three weeks and until such time as the development=Xco_ntract is ap�roved by the Council, a plat cannot be released..='' s`you know, there are several lots irioonia rove ?_nd Addition which presently do have sewer, water and streets in service, and \ as such, it is the feeling of this office that it will not be necessary to withhold building permits on these lots until the new utilities, etc., are complete. I anticipate that the development contract will contain language addXessing---this-s-Ituati At present, I do not have a firm date as to when the City Council might consider the information needed to receive plat approval on the subject development, however I would hope that such could be considered on August 4, 1980. A Mr. Bill McRostie _ Page -2- l '� r• If you have any questions or comments, please do not hesitate to contact me. sincerely, Bob Waibel Land Use Coordinator BW:nw CITY OF CHANHASSEN 7610 LAREDO DRIVE* P.O. BOX 147*CHANHASSEN, MINN ESOTA 55317 (612) 474-8885 MEMORANDUM DATE: June 30, 1980 TO: City Engineer, Jim Orr Assistant City Attorney, Craig Mertz FROM: Bob Waibel, Land Use Coordinator SUBJ: Final Development Plan Review, Colonial Grove 2nd Addition APPLICANT: Bloomberg Companies PLANNING CASE: P-427 Last week I was contacted by Bill McRostie of Bloomberg Companies requesting the status of the subject action. Please advise me as to the progress on the draft of the development contract and the review report of the engineering drawings so that the action can be scheduled for an upcoming Planning Commission meeting. �s w _T. n ESCROW FST�UTA'L'b' FOR APPLIC�TICF3 O� PLAN�G RECUEST Case Title: J-Z4 ,,.an- - Planning Case: f ya 7 11"WIPMA"..12, w5o FEES, sway C) tl� Other ez 6o Plzgirµri* _ - p y Ti*e above are es iwates as de -mired by the offices indi.cate3_ T.ork p---rfoxr--d is fiabulated is available at the City Tr er's office_ Any cis rema nin after cc upletior%. of `the process, with the excepti= of the standard fee, vd1l be remitted. Charges exc. eau- g -the account balance td_l.l be billed directly to the applicant. PLAI\R\T Z ArAMTLZSTRATICN FEE SMIM—IS: a) Rezoning_ -$100 b) Site Plan. P.ezrl ew-- $75 c) Conditional Use Permit: $I00 d) Subdivision: $10 per acre plus $5 per lot - $1.00 r ti1�a� e) Planned ievelor--e-n- s: $I50 plus $5 for first 10 urni.ts - $1.50 for each additional omit. Crondcmi Lra a a-o rents collectible at si:te- review_ f) Vacaticn of Streets: $100 g) Variance Raquest: $50 i' 7l.riilYV .C.711t'lrssi, svn tirr.utv..'v.ty`r vi r.ucxv�vti.v� rvc,:,uL�.a. Case Title: PlanrLi-rg Case./.� xd use Coordinator's Cents: 11kV eeFSj�'1/fj-� 4/ %idfL 7- 46 moo...: d0f-16r /LL/tJ r°Ds%� TC✓i���� G%fS "gyp e F?� F%,� r Pz IJti' Pouting: COY App} zc-at c) Engineexing d) -- _ . IIzgir�rir�: Vie above "are estimayi as as dete2 mired by the offices indicated_ vriork perforr.,_- _a is tabulated ana is available at the City Treasurer's office. Any balances resin rg after cmirpleti on of the process, wish the exception of the s arOl ra fee, mill be remitted.. Charges exceeding the accazmt balance e,dll be billed directly to the applicant_ PIAl IL N ' ADMM7ISTRA=CN FE:"' S =v a) Rezoning: $100 b) Site Plan Reidea: $75 e) Cord tior..al Use Permit: $100 d) Subaivision: $10 per acre plus $5 per lot - $100 r e) Planned Develpar-ents= $I50 plus $5 fox - first 10 units -- $1.50 for each additional unit_ Condcmi iiuu a3 anart-zents collectible. at site I review_ f) Vacation of Streets: $100 g) Variance Recg:est: $50 : _ STATE GE NMNINESOTA v. -70-50 DEPARTMENT OF NATURAL RESOURCrS Rev. 11/70 �1VISIOiN OF WATERS, SOILS AND MiNEn.S atennial Office Building, St. Paul, Minne,ota, 101 IN THE MATTER OF THE APPLICATION OF BLOOMEBEP,U COMPANIES INCORPORATED for a PERMIT TO CHANGE THE COURSE, CURRENT, OR CROSS SECTION of Lotus Lake ( 10-6 Carver County. PERMIT P.A. No. 80-6128 Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made -a part hereof by reference, PERMISSION IS HEREBY GRANTED to Bloontb�^'"P: Companies Incorpar�ated whose address for the purpose of notices and other communications pertaining to this permit is Wi i i_]ulCf_ galie. Vi.ce-. Pros which address is subject to change by written notice from the permittee. BOX 100, Chanhassen, Minnesota 55317 To install 1811 storm water outlet to Lotus Lake having a runout elevation of 898.81 with flared end section and grouted riprap all as described on application and plans, subject to the conditions of the Riley -Purgatory Creek Watershed District, provided in their letter.of February 6, 1980 and made a part hereof by reference. PROPERTY DESCRIBED as: Outlot 1, Colonial Grove at Lotus Lake 2nd Addition NEa, NEl4, Sec. 12, T 116 N, R23 W for the purpose of providing storm water runoff. Carver COUNTY This permit is granted subject to the following GENE RAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the parmittee from any liability or obligation imposed by Minnesota Statutes, Federal Lavv or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Director of the Division of Waters, Soils and Minerals shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources, in the hydraulic dimensions, capacity or location of any items of work authorized hereunder. 5. The permittee shall grant access to the site at all reasonable timzs during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder- 6. This Permit may be terminated by the Commissioner of Natural Resources, without notice, at any time he deems it necessary for the conservation of the water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. SPECIAL PROVISIONS I. Construction work authorized under this permit shall be completed on or before December 30,_ 1980 _ _ , Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extention of time may be obtained. 11. The excavation of soil authorized herein shall not be construed to include the removal of organic matter DOES NOT APPLY unless the area from which such organic matter is removed is impervious or is sealed by the application of bentonite after excavation. Ill. In all cases where the doing by the permittee of anything authorized by this permit shalIinvolve the taking, using, ordamagingofanyproperty rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefor. IV. This permit is permissiveonty.Noliabilityshalibeimposerlupon orincurredbytheStateoIMinnesota oranyofits officers, agentsoremployees,: officially or personally, on accou -, of the granting hereof or on account of any damage to any person or property resulting frorn any act or omi,,-,ion of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estoppin;l or limiting any legal claims or rirrht of action of any person other than the state against the permittee, its agents, ernployees, or contractors, for any dE1f7,_JCe or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state again•;t the permittee, its ;:n;s, employees, or contractors for violation of or failure to comply with the provisions of the permit or app!icable provisions of la -pi. V No rnaterial excavated by authority of this pc.nnit nor n;a+Yriurt,r aMIrcP, except as specified herein, shall be placed on any portion of th? b=,-d of sai-1 svatf;r; i,:hich lies b:::ovv. It shall 1;-: the ri::ty of the perrnitrec to d-tterntina correctly all p.•rtinent elevations at th,t site of 0_-! wnrN. fnr th:: PL;rpn9­- of corr!ply:n:j with th<: CO' a'i On; of Lhis permit. V1 ...:y, ,ntinn r>f th surf :� ,- of '! r.'A _ r n fn-x'r .:n: I ! n:ny :r•: rt:^.� ! i! on.r `rr thi; perruit stint r•t.. public lic water,;an;! Ief, aperr and PrRi';IT No. 80-6128 Ihi T[-" BEDS OF PUBLIC' 1,.!ATE1tS ---- --�— loft) DI1TE : SPECIAL PROVISIO�IIS (Only the numbered Special Provisions apply to this permit) VIII,. The permittee shall comply with all rules, regulations, requirements, or standards o the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. The use of explosives in any of the waters of the state is prohibited unless the loc State Conservation Officer is notified thereof at least 48 hours in advance of the time the work is to be done. (M.S., Sec. 101.42, Subd. 11). IX: Before construction and after completion of the project authorized, permittee shall supply the Regional Hydrologist with photographs of the project area. Spoil material shall not be placed on the beds of public waters, and, wherever possik such material should not be placed anywhere within areas subject to flooding. In the event spoil must be placed within flood plain areas because areas free from flooding are not readily available, the spoil should be placed parallel to the direction of f] flow and/or spread over a large area so as to minimize any possible obstruction to tr passage of flood waters. Puture maintenance of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance, permittee shall advise the Regional Hydrologist. Maintenance excavation shall not be commenced until permittee's receipt of the Regior Hydrologist's approval. X. This permit does not obviate any requirement for federal assent from the U.S. Corps Engineers, 1210 U.S. Post Office and Custom House, St. Paul, MAN. 55101 Permittee shall seed a strip of land abutting both sides of the ditch to permanent grasses and legumes, these strips to meet one of the following standards: a. Each strip shall be at least 40 feet wide for the full length of the excavated ditch and shall not be molfied prior to July 15 in any year: or b. Each strip shall be at least 25 feet bride for the full length of the excavated ditch, provided mo-,H n, of these narrower strips shall not be done. Any organic materials or mud wave that may be raised or pushed up above the existing lakebed as a result of grade fill placement shall be removed to the satisfaction of the Department of Natural Resources. Xi- Permittee shall notify the Regional Hydrologist at 296-7523, and Conservation Officer Bea Ransfer at 474-5727 , 48 hours prior to intent to co.rrnence authorize work. �YII.._ Per:ittee shall notify the Regional Hydrologist immediately upon completion of author ized work so that a final inspection can `e conducted. (SEE REVERSE SIDE '0,, '�I� �.,....� _ :,.. V. �ION.S, IF A::I ,r 33 hV �d c .� t...�. pan. o:.- ,! 1 7a S � �. kr� 89,50 COUNTY RDA ED=N PRAIRIE, MINNESOTA February 6, 1980. Mr. Kent Lokkesmoe Regional Hydrologist Department of Natural Resources 1200 garner Road St. Paul, Minnesota 55101 Re: Utility Construction - Colonial Grove at Lotus Lake 2nd Addition: Chanhassen Dear Mr. Lokkesmoe: The Board of Managers of the Riley -Purgatory Creek Tdatershed District has reviewed the plans and YDNR Chapter 105 Work in Public tdaters Permit_ Application for utility construction for the Colonial Grove at Lotus Lake 2nd Addition Development in Chanhassen. The Managers recommends that the Minnesota Department of Nat«rtal Resources approve of the above referenced permit subject to the follo,,ing conditions: 1. The District will require that all homes to be constructed adjacent to the proposed ponding basin in the southeast corner of the site have basement floor elevations scat a minimum of 2 feet above the 100-year flood elevation of the pondin;; facility. Our calculations indicate that with a 2 efs outlet, a 100-year flood elevation 1f 914.E results. Therefore, the District will require that basement floor elevations be set at a minimum of 916.6 adjacent to the ponding facility.. 2. The District will require that all erosion control r1 asures that were installed as part of the site grading portion of the project must remain in place and be maintained until all areas altered due to utility construction have been restored. 3. The District will require that the area altered from manhole C.33.7 to Lotus Lake be restored with disced mulch or wood fiber blanket and no area along this reach remain disturbed or altered for more than 5 days. If construction is to take place during the 1979- 1980 winter months, all areas altered must be restored with disced mulch or other suitable soil sta bi li.zer at the completion. of each days urork. IF work. does not co:_.: �_ ce until the spring of 1980, all areas altered 11111St be re.:� Cored C•.., th sod, wood fiber or other sl.ritl}�la st.<bil� -s J!ll: 1, 1980_ it . Kum Page. 2 RECTA Jj 4 . Staked hay bales reinforcad .:i_h snow fence must b :i.ilst i.l.l2ci atthe toe of the slope between man4ole C. B. 7 and Lotus Like to prevent sediment: from leaving the altered areas during construction and entering Lotus Lake:. The snow fence and hay bales must rauain in place and be maintained until a good stand of grass can be seen on the restored areas. All other altered areas must be restored with seed and mulch and/or sod, wood fiber blankets, or be hard surfaced within 2 weeks from the completion of utility construction or no later than July 15, 1980. 4. Should dewatering the construction trench be required, sedimentation basins must be constructed when sump pumps are used. Prior to commencement of dewatering, plans for the sedimentation basin must be submitted to the District's engineering advisors. 5. The District requests to be notified 48 hours prior_ to the commence- ment of utility construction. If you have any questions regarding the District's comments, please contact us at 920-0655. RCO/111 cc: Mr. Conrad Fiskness Ms. Desyl Peterson Mr. Warren Israelson � Sincerely, Cot RO ert 0 erneyer BARR E <GINEERING CO.f Engineers for the District Approved by the Board of Managers RILEY-PURGATORY CREEK 1�!ATERSRED DISTRICT .:- ,_-..,,.,.-._ -resident Date: lu 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 & MADSON, INC. ENGINEERS AND SURVEYORS D 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, M!NNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTCN, TEXAS April 6, 1978 City of Chanhassen c/o Mr. Don Ashworth, Administrator Chanhassen, Minnesota 55317 Subject: Proposed Subdivision Colonial Grove Subdivision 2nd Addition Gentlemen: We previously reviewed the subject subdivision on October 13, 1977 (report attached). The developer, in response to Planninc: Commission concerns regarding drainage in the proposed plat, is now submitting a revised drainage plan. Since there were no drainage problems prior to the partial filling of the property along Cheyenne Trail, the storage capacity of a sedimentation pond should equal the previous storage plus any additional storage capacity required by development of the prop- erty. Assuming this criteria as well as a storage pond with an area of approximately .8 acre (as indicated on the plan submitted), development to more intense use of 4.8 acres tributary, and a normal ground water table of 915.8: 1. The pond elevation should be at elevation 918.7, and a° 2. The outlet capacity should equal the maximum esti- mated 10 cfs now existing. We would suggest approval based on design criteria of the sedimentation pond as suggested herein. WJBrezinsky:sg attachu--nent Very truly yours, SCHOELL & MAI,)SON, INC. W. 9. A F, V r w'� CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 February 25, 1980 f Bloomberg Companies Attn: Bill McRostie W. 78th St. Chanhassen, Mn. 55317 Dear Bill: It is my understanding that the City Council acted to table the request from Bloomberg Companies for the City to install improve- ments within Colonial Grove Second::.Addition as a public improve- ment project. Three items will be necessary for this request to proceed further: 1). Platting and Plan Review Escrow - You should request that Bobwaibel verify amounts established within your escrow account.and determine whether such funds are sufficient to pay all costs associated with final platting. 2). Feasibilit :Study Escrow - Bob Waibel should additionally be contacted in regards the estimated costs of preparing the feasibility study for public improvements, to be prepared by Schoell and.Madson, as well as potential legal costs in-, carrying out necessary public hearings. Once,� -.you have de�sited monies equalling; .or`. exceeding these potential costs, Bob should instruct the engineer's office to proceed with the feasibility -study. After receipt of the feasibility study and holding of necessary public hearings, should the City Council act to proceed with improvements as a special assessment project, all costs incurred for the' -feasibility study and publications will become a part of the assessment project and spread back against benefiting properties. In that case, the amounts deposited by you, under this escrow account, would be reimbursed. The City Council makes no guarantees that the feasibility study will find the project feasible, nor that information may arise during the public hearing which causes the Council to deny proceeding as a public improve- ment project. If the project is not ordered, all costs Mr. Bill McRostie February 25, 1980 Pd4e `2 incurred in preparing the feasibility study and carrying out public hearings will be paid through this escrow account and only remaining balances then remitted to you. 3). Letter of Credit Guaranteeing Assessments A letter of credit equal to 110% of the total principal and interest amount of assessments to be spread, is required. The form of the letter of credit must be approved by the City Attorney's office. Maturity for the letter of credit may coincide with the maturity date of special assessments, or may be for a shorter period of time if a renewal option is included within the letter of credit. However, if the letter of credit is for a shorter period of time i.e. one year, and the bank determines not to renew the letter of credit, the City will then be forced to draw upon the letter of credit for the then remaining principal balance of outstanding debt. Typically, the bank would renew such letter of credit at the then lower principal amount. Should you have any questions in regards to the general concepts presented in this letter, please feel free to contact me. Should you have questions in regards to specific details of platting, escrow amounts, forms of letter of credits, etc., please contact the parties noted above who will have responsibility for carrying out those sections SincereLx, 1 Don Ashworth City Manager DA:nw cc: Land Use Coordinator, Bob Schoell & Madson, Jim Orr Assistant City Attorney, Waibel Craig Mertz ESCROW-FS=2ATE FOR APr LT_=ICY-i O:: PLAUTING REQUEST Planning case: l�utinq`f,10,`�-- =:M a) - other �i.�. :tea-= 11te above -are estimates as d° rea by th- offices it icated_ Work p���foxr, d is tabulated arZ is available at the City Treasuk- arIs office_ Any balances remaining after ompletian of the p=cessr with the eYn cegiti of the stan� fee, ' •,dL1 he rerai. 3_ -Chafes exc- ed T'Tg the accmLTat, bal.arLce be billed directly to the aipaZicant _ . i UST a) Rezoning: $100 - e) Pia=ea Develop,. nts: $150 plan $5 fo3 b) Site Plan P.evier„r_ $75 first 10 units - $1.50 for eacl C) Conditional Use Permit:. $100 additional urLt_ Cordcru u_=a c1) Sux i visiar�: $1CI per U plus $5 aoartr nts coZec'�ible at site revzeW_ f) Vacaticn of S-tL__is w $100 g) variance Pequest= $50 _ BLUOMBERG COMPANIES INCORPORATED CHANHASSEN, MINNESOTA 55317 — (612) 934-1500 HERBERT N. BLOOMBERG February 15, 1980 President RICHARD S. BLOOMBERG Vice President -Treasurer ROBERT E. LEDDER Vice President Mr. Robert Waibel Assistant Manager/Planner City of Chanhassen Chanhassen, MN 55317 Dear Mr. Waibel: CAROLYN M. SLOOMBE Vice President WILLIAM M. McROSTI Vire President -General Col Confirming our telephone conversation relative to Colonial Grove at Lotus Lake, Second Addition, I am enclosing copies of the permits which we have received from the Department of Natural Resources, Carver Soil and Water Conservation District and Army Corps of Engineers relative to drainage matters. The Watershed District has acted favorably upon the plans and its permit will be forthcoming shortly. I will supply you with a copy of that permit as soon as it is received. We request that the improvements, including street, curb, gutter, sewer, water and storm sewer, be installed by the City and specially assessed to the abutting pro- perty. Your assistance in processing this request will be appreciated. Very truly yours, William M. McRostie Vice President/General Counsel DEC 1980 RECEIVED VILL,AQB OF, MINK. Oo K • BEHLEN BUIL IN SYSTEMS • FRONTIER LUMBER & HARDWARE • BLOOMBERG CONSTRUCTION • • H NHASSEN DINNER THEATRE • CHANHASSEN FURNITURE GALLERIES • 6 CITY bF CHANHASSEN 7610 LAREDO DRIVE*P 0. BOX 147+CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel DATE: February 15, 1980 SUBJ: Subdivision, Rezoning and Preliminary Development Plan Review, for Colonial.Grove 2nd Addition APPLICANT: Herbert Bloomberg PLANNING CASE: P-427 The last City Council review of the subject proposal was at its regular meeting of February 5, 1979. In addition to the materials which were included in the February 5th Council packet, please find the revised drainage area plan dated February 11, 1980, the preliminary plat grading, drainage and utility plan dated January 28, 1979, the sanitary sewer, storm sewer, watermain and paving plan dated November 28, 1979, the City Council minutes of February 5, 1980, and the City engineer's report dated February 14, 1980. As shown in the attached City Council minutes of February 5, 1979, there was concern expressed about the adequacy of ponding area in the southeast portion of the developmentf These concerns are addressed in the attached City Engineer's report of February 14th, 1980. In recent discussions with the applicant, it has been indicated to me that it is their request to have rolled bituminous curbs through- out the development. This office feels that the City has established a line of policy to require concrete curbs and gutters in all new commercial and residential developments and thus recommends continuance of that policy. Additionally attached for your consideration is a letter from Bloomberg Companies requesting public financing for improvements on the subject development. Recommendation I recommend that the city council approve the preliminary development plan, rezoning from R-1 to P-1, and direct the City Attorney's office to prepare a development contract for Colonial Grove 2nd Addition conditioned upon the applicant receiving all necessary approvals Mr. Don Ashworth -2- February 15, 1980 from the Riley Purgatory Creek Watershed District, Minnesota Department of Natural Resources and U.S. Army Corps of Engineers and conditioned upon the council deeming the drainage plans of the subject property to be adequate. BLOOMBERG COMPANIES INCORPORATED CHANHASSEN, MINNESOTA 55317 — (612)934-1500 HERBERT N. BLOOMBERG February 15, 1980 President RICHARD S. BLOOMBERG Vice President -Treasurer ROBERT E. LEDGER Vice President Mr. Robert Waibel Assistant Manager/Planner City of Chanhassen Chanhassen, MN 55317 Dear Mr. Waibel: CAROLYN M. BLOOMBERG Vice President WILLIAM M..McROSTIE Vice President -General Counsel Confirming our telephone conversation relative to Colonial Grove at Lotus Lake, Second Addition, I am enclosing copies of the permits which we have received from the Department of Natural Resources, Carver Soil and Water Conservation District and Army Corps of Engineers relative to drainage matters. The Watershed District has acted favorably upon the plans and its permit will be forthcoming shortly. I will supply you with a copy of that permit as soon as it is received. We request that the improvements, including street, curb, gutter, sewer, water and storm sewer, be installed by the City and specially assessed to the abutting pro- perty. Your assistance in processing this request will be appreciated. Very truly yours, William M. McRostie Vice President/General Counsel • BEHLEN BUILDING SYSTEMS • FRONTIER LUMBER Ft HARDWARE • BLOOMBERG CONSTRUCTION • • CHANHASSEN DINNER THEATRE • CHANHASSEN FURNITURE GALLERIES • WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE 0.KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MAOSON, iNc. ENGINEERS AND SURVEYORS :612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS February 14, 1980 City of Chanhassen C/o Mr. Don Ashworth, City Manager P. O. Box 147 Chanhassen, Minnesota 55317 Subject: Colonial Grove at Lotus Lake 2nd Addition Gentlemen: With reference to the above named subdivision, we herein wish to report on proposed drainage facilities therefor. Our letter of December 26, 1979, (from Dale Campbell) indicated that the storm drainage system was acceptable subject to adding another catch basin at Manhole No. 7, Since this area has been subject to past complaints concerning drainage to the southwest toward the Frank Kurvers property, staff asked specifically that we address this matter. The new storm sewer proposed by the developer flows to the northwest and into Lotus Lake. There exists a culvert that previously allowed dis- charge to the southwest, but this culvert has been plugged with concrete. The elevation of the plugged culvert is 918, and the elevation of the proposed storm sewer is 913. We recommend approval of the proposed plans. The Riley -Purgatory Watershed District has also reviewed and approved the plans at their most recent meeting. Another minor item is the proposed "sump type�� Catch Basin No. 2 on Sandy Hook Road. We think that city crews will likely not maintain this because of the lack of a vacuum truck. Therefore, our recommendation is to install a regular catch basin. Mr. Obermeyer of the Watershed District concurrs. Very truly yours, SCHOELL & MADSON, INC. JROrr:mkr Note: As always, care must be taken the establishment of basement elevations adjacent :3. he ponding area, DEPARTMENT OF THE ARMY ST. PAUL DISTRICT. CORPS OF ENGINEERS 1135 U. S. POST OFFICE & CUSTOM HOUSE ST. PAUL, MINNESOTA 55101 REPLY TO ATTENTION OF: NCSCO-RF (80-NO140-30) Mr. William McRostie Vice President Bloomberg Companies, Incorporated P.O. Box 100 Chanhassen, Minnesota 55317 Dear Mr. McRostie: 9 January 1980 Re: Storm sewer line, unnamed stream tributary to Lotus Lake, Outlot 1, Colonial Grove, Carver County, Minnesota We have reviewed the information provided us concerning the above referenced project. The work you propose at the location stated above is authorized by an existing nationwide Department of the Army permit, provided the work is accomplished in compliance with the inclosed conditions and management practices. This determination covers only the project referenced above. If the design, location, or purpose of the work is changed, you should contact us to make sure the work would not result in a violation of Federal law. Our telephone number is 612-725-7558. It is your responsibility to insure that the work complies with the terms Of this letter and the inclosures. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL OR OTHER AUTHORIZATIONS. If you have any questions, please call Ms. Mary Marx. Sin,eirely, ncl 2 Istated ta As sta/ WILLIAM D. P ONS ted Chief, Regulatory Functions Branch j Construction -Operations Division Determination: 323.4-2(a) (1) and 323.4-3(a) (1) Map Number: 334A ,-1 CONDITIONS AND MANAGEMENT PRACTICES OF NATIONWIDE PERMITS TO MINIMIZE THE ADVERSE EFFECTS OF THE DISCHARGE OF DREDGED OR FILL MATERIAL ON THE AQUATIC ENVIRONMENT CONDITIONS: (1) That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species; (2) That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; (3) That the fill created by the discharge will be properly main- tained to prevent erosion and other non -point sources of pollution; (4) That the discharge will not occur in a component of the National Wild and Scenic Rivers System or in a component of a State wild and scenic river system; MANAGEMENT PRACTICES: (1) Discharges of dredged or fill material into waters of the United States should be avoided or minimized through the use of other practical alternatives; (2) Discharges in spawning areas during spawning seasons should be avoided; (3) Discharges should not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters (unless the primary purpose of the fill is to impound waters); (4) If the discharge creates an impoundment water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, should be minimized; (S) Discharges in wetlands areas should be avoided; (6) Heavy equipment working in wetlands should be placed on mats; (7) Discharges into breeding and nesting areas for migratory water- fowl should be avoided; and (8) All temporary fills should be removed in their entirety. Incl 1 1W_ f 1 This determination is in accordance with CFR Title 33, r � f 323.4-2(a)(1) which authorizes discharges into nontidal rivers, streams, Imo. \land their impoundments including adjacent wetlands that are located above !',' ,: the headwaters. F-1 323.4-2(a)(2) which authorizes discharges into natural .lakes, including their adjacent wetlands, that are less than 10 acres in surface area and that are fed or drained by a river or stream above the headwaters. In the absence of adjacent wetlands, the surface area of a lake shall be determined at the ordinary high watermark. D323.4-2(a)(3) which authorizes discharges into natural lakes, including their adjacent wetlands, that are less than 10 acres in surface area and that are isolated and no part of a surface river or stream. In the absence of adjacent wetlands, the surface area of a lake shall be deter- mined at the ordinary high watermark. 323.4-2(a)(4) which authorizes a discharge's into nontidal waters of the United States, including wetlands, other than isolated lakes larger than 10 acres that are not part of a surface tributary system to interstate waters or navigable waters of the United States. 323 4-3(a)(1) which authorizes dredged or fill material placed as backf ill or ')edding for utility line crossings provided there is no change in - c str ction bottom contours excess materials must be removed to an pre _on u ( upland disposal area). A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquifiable, or slurry substance, for any purpose, and any cable, line, or wire for the trans- mission for any purpose of electrical energy, telephone and telegraph message, and radio end television communication. However, discharges which will occur in the proximity of a public water supply intake or in areas of concentrated shellfish production; and discharges which will disrupt the movement, of aquatic life which exists in the waterbody are noL authorized by this nationwide permit. 323.4-3(a)(2) which authorizes material discharged for bank stabilization, ❑ provided that the bank stabilization activity is less than 500 feet in length, is necessary for erosion prevention, and is limited to less than an average of one cubic yard per running foot along the bank, provided further that no material for bank stabilization is placed in any wetland a1:ea, and provided further that no material is placed in any locality of in any manner so as to impair surface water flow into or out of any wctlaid area. 11owever, discharges which will occur in the proximity of a 1-ublic water supply i_ntAe or in areas of concentrated shellfish production; and discharges which will disrupt the movement of aquatic life t:rhich exists in the waterbody are not authorized by this nationwide permit. Incl 2 I- + ' WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON 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 4PYe+ ,etity of Chanhassen P. 0. Box 147 Chanhassen, Minnesota 55317 SCHOELL & MAOSON, i Nc. ENGINEERS AND SURVEYORS 138-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS December 26, 1979 " Attention: Mr. Mark Koegler, City Planner Subject: Colonial Grove at Lotus Lak.e 2rd Addition Plat Review Dear Mark: We have reviewed the above mentioned plat. The results are as follows: DEC1979 RECEIVED VILLAGE OF � CHANHASSEN,. MINN. Streets The horizontal, riijht-of-way width, street width and corner radii shown are within city ordinance standards. The vertical alignment shown also meets city standards. However, the typical section shows "shoe formed" bituminous curb. In a conversation with Bob Waibel of your office, Bob stated that concrete "drive over" curb and gutter should be used. Sanitary Sewer At the crossing of sanitary sewer and storm sewer where the vertical separation between pipes is less than 18 inches, a length of D.I.P. shall be installed in place of P.V.C. sanitary sewer. Such shall be done in accordance with Minnesota Department of Health standards. WA+-arma i n It is the opinion of this office that at the crossing of storm sewer and watermain where the vertical separation between pipes is less than 12 inches, that the watermain be insulated. Storm Sewer and Drainage It may be desirable to provide some type of "emergency exit" culvert in the retention pond for added protection for the homes on Lots 8-13 and 7 and 14. SCHOELL & MAOSON.INC. City of Chanhassen Attention: Mr. Mark Koegler, City Planner Page Two December 26, 1979 Using the calculations provided by Israelson & Associates, the C.F.S. flow into Catch Basin 4 is 6.68. The maximum for the basin is about 3 C.F.S. The recommendation of this office is to move Manhole 7 to the gutter line and install at catch basin grate. Then construct a catch basin across the street, flowing into Manhole 7. It is suggested that the grading and drainage part of the plans provide for erosion protection. DLCampbell:mkr cc: Mr. Warren Israelson Very truly yours, SCHOELL & MADSON, INC. Cam- �C CARVER SOIL AND V -ER CONSERVATK)N DISTRICT County Office Building Waconia, Minnesota 55387 Telephone (612) 442-2614 MINNESOTA SOIL ANDWATER ATER CONSERVATION DISTRICTS December 13, 1979 Mr. Kent Lokkesmoe, Regional Hydrologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 Dear Mr. Lokkesmoe: The attached inventory and evaluation has been prepared for Bloomberg Companies Inc., Outlot 1, Colonial Grove at Lotus Lake, as requested by the Minnesota Department of Natural -Resources. Plans are to drain the storm runoff for the Colonial Grove 2nd Addition into Lotus Lake. The above is in reference to DNR Application for Permit to Work in Public Waters 80-6128. Sincerely, /0..e1 : ) 1A-_1 1W J Dennis Hoese, Chairman Carver S&WCD DH/mh Enc. Bloomberg Companies Incorporated Robert Waibel - Chanhassen AN EQUAL OPPORTUNITY EMPLOYER INVENT0. El VAL UATT _0N SOXZ,':AND.SVATE, k? FiESOUJtCJ;S FOR THE CARVER SOIL & WATER CONSERVATIONd DISTRICT COUNTY OFFICE BUILDING WACONIA, MINNESOTA 5538T BLOOMBERG COMPANIES INCORPORATED OUTLOT 1, COLONIAL GROVE STORM RUNOFF'FOR COLONIAL GROVE 2ND:ADDITIONS DRAINED TO LOTUS LAKE DNR PERMIT.APPLICATION 80-6128 REQUESTED BY: MINNESOTA DEPARTMENT OF NATURAL RESOURCES -ST. PAUL, MINNESOTA - REVIEWED BY: y *DONALD C. BERG, DISTRICT CONSERVATIONIST_ ' USDA SOIL CONSERVATION SERVICE - • COUNTY OFFICE BUILDING . WACONIA, MINNESOTA 55387. DECEMBER 13, 1979 *U. S. GOVERNMENT PRINTING OFFICE: 1975-576-445 SCS-CONS-5 REV. 11-73 FILE CODE CONS- 14-5 INVENTORY & EVALUATION U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE tuIC UNIT OF GOVERNMENT MINNESOTA DEPARTMENT OF REOUESTED BY NATURAL RESOURCES LOCATION ST. PAUL, MINNESOTA ASSISTED BY DONALD C. BERG, DISTRICT CONSERVATIONIST _ _ DATE _ DECEMBER 13, 1979 SITUATION: It is proposed to excavate and reduce the size of a small type III marsh in Outlot 1, Colonial Grove at Lotus Lake, located in the NE4, NE,-, Section 12 in Chanhassen. The pond outlet shown on the attached plan will be connected to a storm sewer into Lotus Lake. The attached plan has been changed according to Dale Campbell, Schoell and Madson, and the storm sewer outlet now goes more nor- therly.through Horseshoe Drive. The existing pond outlet ditch is south through Cheyenne Drive, using a 15" CMP that has a concrete plug with a steel cap closing the downstream end. SUGGESTED SOLUTION (S) : The potential continuing problems are: Lots 4, 5, 14, 15, 16, and 17 are shown on the plan in the marsh area. What provision is made to protect the houses that will be built on these lots from 'wet basements' frost damage and shrink swell etc? Is the size of the storm sewer adequate in relation to the watershed runoff from a 100 year rain storm? What is the flood Protectign plan? Is there any provision for emergency over land flow if the storm sewer is frozen or plugged? What is the expected water quality of the Pond shown on t plan after it is used for sediment collection? See Att?r�hcd_:____Pl<q.n__Map_LOutcdated?), Soils Map and Two lnterDret.ation .100rdtiYa► Webster Wet so►l Mmrsh 3000 Feet _j MN0024 S 0 1 L S U R V F Y 1 1, T L R P R E T A T I O N S MLRA(S): 1D1 REV. KRV.FL FI 9-76 TYP IC APG IAOUO LLS. FINE -LOAMY• MIXED. MESIC eW CORDOVA SERIES THE CORDOVA SE PIES CONSISTS OF DEEP. POORLY DRAINED SCILS FOR MEO IN LOAMY GLACIAL TILL UNDER MIXED HARDWOODS AND GRASSES IN DRAINAGEW AYS AND IN FLATS IN UPLANpS. THE SURFACE LAYER IS BLACK AND VERY DARK GRAY SILTY CLAY LOAM 10 INCHES THICK. THE SUSSDIL TS VERY DARK -GRAY DARK GRAYISH -BROWN AND OLIVE -GRAN GRASILTY CLIY LOAM IN UPPER 12 INCHES AND MOTTLED DARK- Y. OLIVE -GRAY AND GRAY CLAY LOAM IN LOWER 17 INCHES. THE UNDERLY/Nf- MATERIAL 15 VARIEGATED DLIVE AND LIGHT OLIVE- BROWNi_C �LCA RE QUS CLAY LOAM. SLOPES RgNfE-FRON-0_TO 2%_THESf__SOILS�.R E_U�€Q M0 ,5 TRY F�CRov�AND. ESf[MATED_SOjL_ PROPERTIE_jAl_ — IDEPTHI I — — I IFRACTIPERCENT OF MATERIAL LESS ILIOU10 IPLAS I IIIN./1 USDA TEXTURE I UNIFIED 1 AASHTO 1>3 INI THAN 3- PASSING STEVE NQ._I LIMIT ITICITYI I 0-101SICL. L CL 10L. ML. MH --�(P T a-------14—I 90 1 200 ( I1ND I 110-3515iCL. CL ICL IA-6, A-7 I 0 198-100 98-100 90-99 70-95 13R-60 I12-25 I IA-7• A-6 1 0 190-100 90-100 85-95 65-80 1 38-50 120-30 I I3S-60I CL ICL I IA-6 I 0-5 190-100 90-100 80-95 55-70 130-40 112-20 I I I I I I I 1 IDEPTH!PERMFABiLITY! AVAILABLE I SOIL 1 SALINITY I SHRINK- I I(IN.] I (IN/"R) 1WATEA CAPACITYIREACTIONI(MMHOS/CM)I SYE LL I COR---RO SIVITY OIEROSIONIWIND I I— _-1FACTRySIEROD.! (j_II Z__L__—J.P�TEN T,�AJ„L•S TF.f-L IC ONCRETEI K I T_(GROyj-pI 10-101 0.2-0.6 1 0.18-0.22 16.1-7.3 I - !MODERATE I HIGH 11.51 0.2-0.6 1 0.15-0.19 15.1-7.8 1 IMOOERATE I HIGH 1, LOW 1.201 5 1 6 I' 135-601 0.6-2.0 1 0.14-0.16 I LOW 1.28I I I ' 17.4-O.A 1 - IMOD[RATE 1 HIGH I LOW I I I I I I I I I I I 1 I I I 1 I I I I I FLOODING T�L lA_T_R TA IE LE --------_--_----_—_ DEPTH I K i ND I MO:JT HS 1 FREOU�I�Y—_j_nURAT.j ON IMONT _��1 I L-- Nam=---1----_�_— _ -_03.0 APPARENT INOV-HAY- I SEVERE-PERCS SLOWLY.WETNESS' SEPTIC TANK 1 ABSORPTION I FIELDS I I I SEVERE -WETNESS 1 SEWAGE ! LAGOON I AREAS I i 5EVI-RE-WETNESS I SANITARY 1 I LANDFILL i I (TRENCH) I SEVERE -WETNESS 1 SANITARY I LANDFILL 1 I (AREA) I SUBSIDENCE IMYD PO TE NT�L D EP TH II/AR D.NESSIDEPTH IM%1RDNESSIINI T. I T O TAL I GRP 4i ilNl I _.I.�Ni�--- ACT QN I 1 ­ IOH I POOR-WETNESS.LDW I ROADFILL 1 RENGTH I UNSUITED -EXCESS FINES SAND 1 I II I UNSUITED -EXCESS FINES II I II GRAVEL I II I II I POOR -WETNESS II 1 I1 TOPSOIL 1 II I IPOOR-WFTNI.SS DAILY COVER FOR 1 • I!_ _ WATER MANAGf-MF_NT LANDFILL II I FAVORABLE II POND I' 1 1 RESERVOIR 1 II AREA 1 C OHM(L^iITY F)r_yFL Of?M NT___- 1 _ I SE VE RF-WE �1--�_L—_-- 7'NESS II I WETNESS I SHALLOW IIEHBANKMENTS I !EXCAVATIONS I II DIKES AND ! I1 LEVEES I RS„F �F?F-_WEE 7NF5 II ! SLOW REFILL ' �-k'ELLINGS I I I EXCAVATED NNN�rr,( t'ITMOUT II PONDS 1 BASEMENTS I I IA(1llIFER FED I I I I SF yF RFryWE TniF S DWELLINGS I I II I PERCS SLOWLY.FRCST ACTION WITH I !I I ! I BASEMENTS I II DRAINAGE 1 II 1 I I �F`r RE=WE INCS-,! SMALL "" ! 1 WETNESS COMMERCIAL I II I I I BUILDINGS I II IRRIGATION 1 I II ------- — --------------�L--------1-------------- ' 1 SF------1----VI �.P -F P•i5T Afr I ON WE TNr I DW STPFNI•Tll II I NDT Nr F DFD ---`---------'---I 1 LOr Al RO AO'. AND ! I I Arl i) I 1 1 TPF FTi II Irl VFtr '.11111'. I 1 SF V! 1 Wf NI �-- -"��� •••''r' __1__.______—_.._ . I 1 ! WETNESS --I JLANDSC APING I SCAP. I I j<'I AND GOLF C,PA55FO I FAIRWAYS I I I WATERWAYS I II ____ 1'E GJ-ON47,_jryTER PRETA7 qNi_-----__ PA SiURI- AND I GROUP 3 -- I 1HAYLAND I I I I MN0073 S O I L S U R V E Y I N T E R P F E T A T 1 O N S M^ MLPA(S): 103. 56. 57. 102. 104. 105, BB. 90 ARG.ELB. 12-73 - MARSH AOUENTS AND HISTOSOLS MARSH CONSISTS OF UNDRAINED DEPRESSIONS. SHALLOW LAKES. AND PONDS. THEY ARE VERY POORLY -DRAINED AND CONTAIN WATER MOST ` OF THE YEAR. THESE AREAS ARE COVERED BY REEDS. SEDGES, AND RUSHES. WITH SOME AREAS OF OPEN WATER. THE SOIL MATERIAL HAS NOT BEEN CLASSIFIED. BUT IS COMMONLY PEATY MUCK. J ---___----_--- ------ -- -—f.STIMATElZSD1LEHIlEEBIiES-tAl--___-------._-- IDEPTHI I I(1N.11 USDA TEXTURE I UNIFIED __-----__-------_ 1 IFRACTIPERCENT OF MATERIAL LESS ILIOUID IPLAS- I I AASHTO 1>3 INl�tlen_3'_'_eesstns_S1EYE_1 1-----1------------- ---- ---------� LIMIT ITICITYI —-------1tecI11--4---1--14--1--eQ--1-2Qa--1-------1tnaE1�1 10-601VAR I I I I I 1 I 1 I I 1 I 1 I I i I I I I I I I 1 I I I I 1 i---1----------- 1---- -- I----1----1--... --...... -------1-------1----1 IDEPTH IPERMEABILITYI AVAILABLE I SOIL ( SALIP41TY 1 SHRINK- I CORROSIVITY IEROSIONIWIND I I(IN.)1 (IN/MR) IWATER CAPACtTYIREACTIONI(MMMOS/CM1I SWELL 1—_ IEeGIDB5IEROD.1 �EH1�1_ 1 0-601 _ —_le9IENIleL1_SIEEL__1CadLBEIEI_K_1_LLyeaNel 1 I I I 1 I 1 1 I I I 1 I I I I I 1 I 1 I I 1 1 I I I I I I I I I I I_____1_-- 1-------__l__--- 1 I I 1 1 I i 1—_----1-------1--------1---1------- _------------------ ( „F. =2,"N 1—�M-.�.ICH r^II:Ft�IQH1F1-LEC�EdiE¢_eed_1____9Ea8DGli_— t195lDF 1---------- I DEPTH I—E8E9S1ENLY__1_�slgellatL-1MPUlb.'Ll -IHYDIPOTENT•LI I KIND IMONTHS I DEPTHI HARDNESS I D£PTH I HARDNESSI INIT. I TOTAL I GRP I FROST 1 1 1IFT1 --�SA".IMny.yr--1---a I.GtjS'�—Jy"Y= 0�11 _Y2=Za91�i --_—jtll!!_l�_______l_tid1J__—_—_l[ldl_litllLL-1_ALIlOtl_I PASEd11MIiY-AS11_=_1--_-1_n0- I-------1_---1 1-¢-1--^----- I --------sauasE_delEele--- I I SEVERE -WET NESS. FLOODS ISEPTIC TANK I ----_—_______ II 1' POOR -WETNESS --- 1 11 ASSORPTICN 1 I 1I ROADFILL I I FIELDS i II I---------1-------- I I SEVERE -WETNESS -----1-----_---_-- __--_--_--_—_------_-------i 1I 1 UNSUITED I SEWAGE 1 1 I LAGOON ( I1 SAND I 1 AREAS i I II 1--__----1-__—_---�— 1 11 L---- I I SEVERE-WETNESS.FLOODS - — —_ — ------ __—_—_-- II I UNSUITED -- -- SANITARY 1 I II 1 I LANDFILL 1 I 1 II GRAVEL I I (TRENCH) 1 11 1 ---------1— -------_--t_1L-----------1-------------- I 1 1 1 SEVERE-WETNESS.FLOODS II I POOR -WETNESS -- --- -----1 SANITARY 1 11 I LANDFILL i 1 1I TOPSDIL I 1 I (AREA) I II 1 I —�_--11---------1----------_-------- I 1 POOR -WETNESS 1I ---------- DAILY 1 � COVER FOP 11 ---------------------relEa_riedeaEe+EdI----------� LANDFILL POND I 1--'------'1-------- --- I I RESERVOIR I _ __LIIML+LryyNES DFLOODPME�T —_—_-- I1 AREA I I 1-L.r____ VERE-WETNE S, S.� Fop pp� _1L— -------- ----- �.---_----------- 11 1 SHALLOW I XCAVATIONS I IIEMOANKMENTS 1 I v 1 (I DIKES AND I 1 II LEVEES 1 I I I SEV RE-WG THE 95•FLOpS --t-1------—__— — — ---- 1 DWELLINGS I FAVORABLE -� WITHOUT 1 11 EXCAVATED 1 I BASEMENTS 1 11 PONDS 1 IIAOUIFIEW FEDI 1 SE V'RE-WETNES3.FL0005 -------11----------1---------- ( SWELLINGS I �� I1 1 --I WETNESS.PODI( OUTLETS I wt TH I 1 BASEMENTS I 11 I 11 DRAINAGE I 1 I -- 1 1 SEVERE-NFTNESS.FLOODS II I ------11_- ---------1---------- -------------- SMALL I �'�- � 11 I 1 .I . Y iSL 11 1 UILDCOMME I BUI BILDINGS 11 IRRIGATION 1 1 ------------1------------ II 1 1 SEVERE-WETNESS.FL000S 1 1L--------1--------------- / LOCAL 1 II I NOT NEEDED ----------' Y{' PSAND 1 11 TERRACES I I STREETS ETS 1 11 AND 1 1 ---------1---------- 11 DIVERSIONS I 1 ------------- LAWNS. I 11____--------1----------_______-___"_____________ IL ANOSCAPING 1 11 1 NOT NEEDED I AND GOLF I II' GRASSED ( I FAIRWAYS I 1 II WATERWAYS 1 I I II I I----__--1-----_------------- __11------------ —__HE91ndeL1dIE9ESEIeIlnd__---_—_-- IPASTURF AND I GFOUP 17 IHAYLAND 1 I 1 I NA-02622-01 STATE OF MINNESOTA (W- 5 4) DEPARTMENT of NATURAL RESOURCES (Rev 74) APPLICATION FOR PERMIT TO WORK IN PUBLIC WATERS Bloomberg Companies Incorporated the owner of land in Government lot(s) (print or type app -,cant s name quarter section(s) section(s) township no.(s) , range(s) Outlot 1, Colonial Grove at Lotus Lake fsre no., box no. or address)0 (lot, c d su zv2s-,on county(ies) Carver which is riparian to Lotus Lake name of lake or stream applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to work in the public water(s) named above, in accordance with all data, maps, plans, and other information submitted herewith and made a part hereof. PROPOSAL IT IS PROPOSED TO: = excavate, Q fill, L= construct, Q remove, (check) ® install, Q abandon, or = other(specify) _ THE FOLLOWING: Z] dam, Q shore -protection, Q shoreline, Q harbor, wharf, (check) Q( culvert QJ = channel, Q bridge, Q obstruction, or Q other(specify) JUSTIFICATION Explain why this project is needed: The storm runoff for Colonial Grove 2nd Additions must be drained to Lotus Lake. ENVIRONMENTAL IMPACT 1. Anticipated changes in water and related land resources: Additional water discharged into Lotus Lake. 2. Unavoidable but anticipated detrimental effects: Some turbidity during construction. 3. Alternatives to the action proposed: Connect to existing storm sewer which is undersized. PROJECT SITE DATA 1. Describe the type and amount of aquatic vegetation present: N/A 2. Describe the nature of the material beneath the water: N/A 3. Describe the nature of the upland area: Residential 4. Describe type and amount of nearby shoreland development: Residential 5. ENCLOSE SKETCH DESCRIBING WATER LEVEL FLUCTUATIONS. N/A since Lotus Lake has an outflow. (see instructions) ATTACH EXTRA SHEETS IF NECESSARY (continued on reverse side) NA-02622-0 (W-54) CONSTRUCTION DATA (also attach sketch or drawing) (Rev 74) Channelling N/A Existing Proposed Alterations along shore Proposed Total length (feet) - - - - -_- - - - - Length in lake/stream (feet)- - - Distance alongshore (feet)- Bottom width (feet) - - - - - - - Distance waterward (feet)- - - - - - - Side slopes (ratio) Average depth (feet)- Thickness of fill material (feet)- - - - - - - - Gradient N)- - - - - - - - - - - Depth -of excavation (feet) - - - - - - 1. Describe type of excavation equipment to be used, if known: Ba C k ho e 2. Describe location (include map) and characteristics of spoil disposal site proposed: N/A 3. Would maintenance excavation be necessary? (check) Q YES ® NO Explain: 4. Volume of material to be removed initially (cubic yards): N /Muck or silt Sand or gravel Rock or stone ATTACHMENTS ® $15.00 filing fee, Q photographs, K7 other (specify) $tpY'm_ Sealer ]lan--- -- -- Applicant declares that information subritted herewith and statements made herein are a true and correct representation of the facts, and that the filing of this application and information with the Commissioner of Natural Resources is prima facie evidence of the correctness thereof. [COMPLETE APPLICATION SUBMITTED TO: (1) Chanhassen None of city or township street & post office (2) Ri 1 Per -Pus rgatory Cr PPk I Name of water• d�et (3) Shoreland Management Administrator of Carver County State of Minnesota County of (,arver on this 16;:h day of Dated.this 16th day of November 19 79 Bloomberg Companies Incorporated Signed Bj: William M. McRosti a (applicant) Vice President Address P.O. BOX 100 City Chanhassen, MN 55317 State Minnesota zip code 55317 ss. AFFIDAVIT Phone 93471500 November —,19 79 before me personnally appeared William M. McRostie, Vice President of Bloomberg Companies Incorporated who being first duly sworn and to me known to be the person - who executed the foregoing application, acknowledge(s) that he executed the same as hiS own free act and deed and that the statements, maps, plans, documents, and other supporting data are true and correct according to hiS best knowledge and belief. `rv�'MrVrIIe , IRENE A. VAJECIC � C gem RVER Notary Public �L1�f�fik'.l County "+ 4 My commission expires 19 WN i Rileyr- Purgatory Creek Watershed Distri+ Mayor 8950 COUNTY ROAD Council EDEN PRAIRIE, MINNESOTA 55 Planner -/ Building Attorn'y Engineer v • Yr2asurer�pt 1979 ,olico 'al'rs -- itreet Maint. -- f Mr. William McRostie 3ti+ies lec, Blumberg Companies, Inc. Fress r Box 100 :1053 - -7' Others Chanhassen, Minnesota 55317 Re: Colonial Grove at Lotus Lake 2nd Addition: Chanhassen Dear Mr. McRostie: 2346 '�► �0� OCT 1979 cP' RECEIVED c, , V LAGE OF CHANHAS SM.4 MINN. ?/71y— -- The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the plans and grading and land alteration permit application dated August 28, 1979 as submitted to the Watershed District for the above referenced project. The Managers approve of the grading and land alteration permit application for site grading for this development subject to the fol- lowing conditions: 1. The District will require that all erosion control measures, i.e. staked hay bales reinforced with snow fence, be installed prior to the commencement of land alteration and be maintained until all altered areas on the development site have been restored. The District must be notified after the erosion control measures have been installed so that the District's engineering advisor can inspect the erosion control measures. After the engineering advisor has determined that the erosion control measures have been properly installed, the Managers will be so notified and land alteration can begin. Land alteration cannot begin until this inspection has been made. 2. The District will require that the.proposed sedimentation basins, as shown on the erosion control plan, be constructed at the initial stages of grading operations and be functional during the site grading portion of the project. 3. The District will require that homes to be constructed adjacent to the wetland area in the southeast corner of the development site have basement elevations set at a minimum of two feet above the 100-year flood elevation of the ponding facility or two feet above the natural overflow elevation from the basin. Until a detailed utility plan has been submitted showing the 100-year flood elevation for the ponding facility, homes to be constructed adjacent to the wetland area must have a basement floor elevation set at Elevation 918. r Mr. William McRostie Page 2 September 12, 1979 4. The -:District will require that all areas altered, except for the street right-of-ways, be restored with seed or mulch and/or sod by October 15, 1979. 5. A detailed storm sewer plan must be submitted to the Watershed District for review and approval. If you have any questions regarding the District1s comments, please contact us at 920-0655. RCO/sb c: Mr. Conrad Fiskness Mr. Fred Richards Mr. Bob Weibal Sincerely, - Robert C. Obermeyer / BARR ENGINEERING CO. Engineers for the District Approved by the Board of Managers Riley -Purgatory Creek Watershed District President Date: �e'— Z' J a??, DNR-$ /e') A STATE IM IM 1E S CO) Q 1% DEPARTMENT Metro Region Waters, PHONE: 296-7523 �.1 OF NATURAL RESOURCES 1200 Warner Road, St. Paul, MN 55106 August 24, 1979 W. M. McRostie, Vice President Bloomberg Companies Incorporated Box 100 Chanhassen, Minnesota 55317 RE: UNNAMED WETLAND, NEB., NEI, SECTION 12, T116N, R23W2 CARVER COUNTY Dear Mr. McRostie: File No, A field investigation was made of the wetland at the above location on August 21, 1979. The investigation showed the wet- land to be approximately 2.0 acres in size. Wetlands less than 2.5 acres in size do not fall within the DNR's regulatory juris- diction. Therefore, a DNR permit is not required to alter the wetland. However, small wetlands of,this type harbor a large diversity of wildlife species, both game and non -game species, and act as catch basins for surface water runoff. The DNR recommends that every attempt be made to maintain the wetland in its existing state. Sincerely, Kent Lokkesmoe Regional Hydrologist KL/TLL/ch cc: City of Chanhassen VIX Riley -Purgatory Creek Watershed District .y sC Jr AN EQUAL OPPORTUNITY EMPLOYER 1 REGULAR CHANHASSEN CITY CQUNCIL MEETING FEBRUARY 5, 1979J Acting Mayor Neveaux caller the meeting to order at 7:30 p.m. with the following members present: Councilmen Matthews and Geving. Mayor Hobbs came at 8:10. Councilman Pearson was 'absent. -The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented with the addition of, set public hearing date for vacation of Dogwood. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux r Councilmen Matthews and-Geving. No negative votes. Motion carried. MINUTES:_ Councilman Geving moved to approve the January 22, 1979, Council minutes. Motion seconded by Councilman Matthews. The following voted in favor:. Acting Mayor Neveaux, Councilmen Matthews and Geving. No negative votes. Motion carried.: Councilman Matthews moved to note the January 17, 1979, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Matthews and Geving. No negative votes. Motion carried. Councilman Matthews moved to note the January 24, 1979, Planning Commission minutes. Motion seconded by -Councilman Geving. The following voted in favor:. Acting Mayor_ Neveaux, Councilmen Matthe«s -and- Gevi nc% No negative- votes: Motion carried_ HAPPY CHEF AND HOLIDAY ERICKSON PETROLEUM, SUBDIVISION AND SITE PLAT! REVIEW:.John Lee, Attorney for the developers, requested this be tabled until all Council members are present: Councilman Geving moved to table action until the March 5th meeting. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Counciin Matthews and Geving. -No negative votes: Motion carried. WARD CONDEMNATION, ATTORN EY'S REPORT:- Councilman Matthews moved that the acquisition of the Ward easement for $12,000 be approved and that the City Attorney be directed to -complete the transaction. That in,further consideration for -the grant of th e easement on the'settlement figure,that the assessments -against the Idard property for the trunk sewer be deferred after levied until the -property . is developed or - the property is sold or otherwise demised; whichever i-s-first-to occur and. on the further condition that Dunn -and -Curry will guarantee -the first five years of assessments. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Matthews and Geving. No negative votes.. - Motion carried. - SUBDIVISON, REZONING, PRELIMINARY- DEVELOPMENT PLAN, AND CONDITIONAL USE PERMIT _ COLONIAL GROVE SECOND ADDITION: Bill McRostie Herb Bloomberg, and Frank Kurvers ,.' were present. Mr. Bloomberg is requesting -to subdivide approximately 14 acres into 31 single family lots and one outlot. The Assistant City Manager/Planner gave 'his report of February 2, 1979,-and-recommended approval-:.. Before final plat- - approval, the applicant -should - obtain verification from the Riley Purgatory Creek-`- Watershed District, whether or not-DNR permits- are needed for the wetland fill-, 1 portion of the project. The City -Engineer stated that he -feels the stora:ae.pon� capacity as shown is not going -to be`adequate for what is. required by the'crate.rshed district. Mr. McRostie stated, they planned to put additional fill on the lots along Cheyenne which would also provide additional ponding_- Mayor Hobbs came at - this point. The Planning Commission held a public hearing on September 27, 1978, and recommended approval of the preliminary development plan, rezoning to P-1, and conditional use permit. ` Councilman Neveaux moved to table action pending resolution of the ponding area with the developer taking into consideration continents that the Council has made T'CICIL(VC LU LI.LU�oC LIULCI Vdr-L:S UT Ult! UCVCI UP111C11 L LIIUL UUIi L IZ'l ULC W Lit%' v ,ponding area. Motion seconded by Councilman Matthews. The following voted in flavor: Mayor Hobbs, Counc :yen Matthews, ;Neveaux, and Gev t. No negative votes. Motion carried. INDUSTRIAL REVENUE BOND CRITERIA, HOME MORTGAGES: Russell Prince, Juran and Moody, discussed revenue. bond f iaancinq -or .home:mor-t-gages. The- i ssiaahce of these bonds would provide home mortgage interest rates 1z to 2% below current conventional- rates: No action was taken. HOMBRES BAR, CHANGE IN MANAGEMENT REQUEST: Councilman Geving moved that the City Attorney be empower° to use whatever- means at his disposal to investigate the ownership and management of Hombres Bar. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Matthelys,. Neveaux, and Geving. No negative votes. Motion carried. The City Manager will send a letter to Sgt. Anding stating that the Council - feels the City has ordinances covering items stated in Sgt. Anding's letter i of January 18, -1979. F FIVE YEAR CAPITAL IMPROVEMENT PROGRAM - PARK AND RECREATION: Fran Callahan and Joe Betz were present: The City ,tanager discussed the five year capital improvement program. -The Park and Recreation Commission will finalize it at their next meeting.'' No -action- was taken. STREET NAPtIPaG AND NUMBERING: SUNNYSLOPE ADDITION: Councilman Geving moved to name the street in Sunnyslope Addition Deer Foot Trail.- Motion seconded by Councilman Neveaux. - The following voted in -favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving. No negative'votes. Motion carried. HESSE FARM ADDITION: Councilman Neveaux moved to change street -names in Hesse - Farm Addition from River View Road and River"View Circle to Hesse Farm Road and Hesse Farm Circle. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving. No negative votes.' Motion carried., POWERS BLVD. Councilman Matthews moved that effective- May- 1,--1979, the City will no longer maintain Powers Blvd. 'north off 'Pioneer Trail. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Matthews, Pleveaux, and Geving. No negative votes. Motion carried. WEST 86TH STREET: Councilman Neveaux moved that effective May 1, 1979,. the City will. no longer -maintain Hest 86th Street east off Great Plains Blvd. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs Councilmen Matthews; Neveaux, and Geving.. No -negative: -votes.: -Motion- carried. NORTHERLY 50 FEET OF LOT Z: Councilman Geving moved that effective May 1, 1979, the City will no longer maintain the northerly-5O feet of -Lot Z at the intersection of Cypress and Dartmouth. Motion seconded by Councilman Matthews_ The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving. No negative votes. !,lotion -carried: MSAS 101: The senior citizens group and historical society will be asked to submit historical names for this -street. WEST 64TH'STREET: Councilman Neveaux moved to change West 64th Street to Pleasant View Road. Motion seconded by Councilman Matthews: The following voted in favor: Mayor Hobbs, Councilmen Matthews, Neveaux, and Geving. No negative votes, Pgotion carried, _ CITY JF ' CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: February 2, 1979 rfmby Chi Add {1818.. Iu splom BORt ALSS� TO: City Manager, Don Ashworth fete submiueA to ZW94 FROM: Assistant Manager/Planner, Bob Waibel ._ SUBJ: Subdivision, Rezoning, Preliminary Development Plan Review, and Conditional Use Permit Request for Colonial Grove 2nd Addition APPLICANT: Herbert Bloomberg PLANNING CASE: P-427 P,= - i i- i n n Mr. Bloomberg is requesting to subdivide approximately 14 acres into 31 single family residential building sites and one outlot, and to receive rezoning, and preliminary development plan approval for the proposed development. Background 1. Community Location: As shown in enclosure 1, the subject property is located adjacently west of MTH 101 between Cheyenne Avenue and Sandy Book Road. 2. Existing Zoning: The subject property is presently zoned R-1, single family residential district. Pursuant to ordinance 47, developmet proposals of more than 24 units must be rezoned to P-1, Planned Residential Development District. 3. Utilities: Sanitary sewer and municipal water are available to the subject property. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the city's adopted land use plan, the subject property and it's environs are to assume and maintain a low density single family residential identity. Mr. Don Ashworth -2- February 2, 197` b. Transportation: MTH 101, which forms the subject property's eastern border is proposed to function as a minor collector street. Comments The development plans of January 28, 1979, have incorporated the following changes from the plans previously submitted. 1. The property lines between lots 4 and 5 on the curve of the interio: street has been changes to a north/south alignment. 2. An additional lot has been added to the section abutting Cheyenne Avenue. I believe these changes are of no consequence to the overall plan since the changing of the property lines along lots 4 and 5 has not increased the proposed density within that area, and that the addition of one lot abutting Cheyenne Avenue does not reduce the lot area size so as to incompatible with the extant or proposed development. The applicant will have to prepare an erosion control plan, and a detailed storm sewer plan to the Riley Purgatory Creek Watershed District Board for a land alteration permit. Before final plat approval, the applicant should obtain verification from the Riley Purgatory Creek Watershed District, whether or not DNR permits are needed for the wetland fill portion of the project on the Southern most lots. Attached hereto is a letter from Mr. Wm. McRostie describing the Colonial Grove property owners association corporation whose members are to have interest in the common.outlot. Before conditional use permit approval, the City Attorney should enter into the case file, an opinion regarding the acceptability of this form of outlot management. Additionally, the applicant is advised that any new structures proposed for the outlot such as the finger dock mentioned in Mr. McRostie's letter, must go before.the Planning Commission as an addition to the conditional use permit. The granting of a conditiona. use permit, at this time, should establish outlot A for neighborhood recreation. Again, any new structures proposed for the lot will need further conditional use permit amendment. Recommendation I recommend that the City Council look with favor upon the subject proposal and move to approve subdivision, preliminary development plan, conditional use permit and rezoning from.R-1 to P-1, Planned Residential District, for Colonial Grove, Second Addition. BLOOMBERG COMPANIES I N C O R P O R A T E D CHANHASSEN, MINNESOTA 55317 — (612) 474-5479 HERBERT N.BLOOMBERG President RICHARD S. BLOOMBERG Vice President -Treasurer ROBERT E. LEDDER Vice President February 2, 1979 Mr. Robert Waibel Assistant Planner City of Chanhassen Chanhassen, MN 55317 Dear Mr. Waibel: You have requested that we advise you of the proposed uses to be made of Lot 4, Block 1, Colonial Grove At Lotus Lake, 2nd Addition prior to the meeting of the City Council on February 5, 1979. Our plans relative to this lot are as follows: OWNERSHIP Fee title to the lot will be held by the Colonial Grove Property Owners' Association, a Minnesota Non-profit Corporation to be formed, subject to a reversionary interest in Bloomberg Companies Incorporated in the event of failure of the Association to use and maintain the lot for the benefit of all who are entitled to be members of the Association. ASSOCIATION_ All owners of platted lots in Colonial Grove MEMBERSHIP At Lotus Lake and Colonial Grove At Lotus Lake, 2nd Addition will be entitled to become members of the Association by virtue of their ownership. Ten- ants of lot owners will be entitled to participate in the use of the lot as "guests" of the lot owner of whom they are tenants. TRANSFER OF Title to the lot will be transferred to the TITLE Association upon its incorporation and the certification to Bloomberg Companies Incor- porated by the Association president that 25% of the potential members have signed appropriate membership documents containing committments for dues and fees. No consideration will be paid for the transfer. ASSOCIATION Association dues and fees will be nominal. DUES & FEES It is anticipated that the Association will require payment of fixed annual membership dues of approximately $25.00 from each member, plus the member's prorata share of the costs, in excess of dues collected, incurred for Taxes, Assessments, Maintenance, Insurance and Debt Service on Future Improvements to the property, if any. • BEHLEN BUILDING SYSTEMS • FRONTIER LUMBER Er HARDWARE • BLOOMBERG CONSTRUCTION • • CHANHASSEN DINNER THEATRE • CHANHASSEN FURNITURE GALLERIES • ^1 Mr. Robert Waibel February 2, 1979 Page -2- M ACCESS TO The property is presently fenced with a PROPERTY chain -link, "Cyclone" type fence with a locked gate at the frontage on the adjacent street. Gate keys will be issued to all Association members for the use of the members' families and their guests. USES OF The property will be used by Association PROPERTY members and their guests as a facility for Tennis, Picnicing, Area -limited Sports and for occasional Launching Of Small Boats belonging to members. PROPOSED The Association may, in the future, petition USES the City for a modification of the Special Use Permit to allow construction of a short (perhaps up to 30 feet) finger dock for use of members in getting into an out of boats at the site. No other construction or use is anticipated at this time. PRESENT The property is presently improved with the IMPROVEMENTS following: Two (2) black -topped tennis courts; Chain -link fence surrounding the property except at the shoreline; Landscaping around the Tennis Courts and Gate Entrance; Graded, crushed -rock driveway from the entrance gate to the high water mark. NOTE: This driveway also serves as the City access to its lift station located at the lakeshore end of the drive. All improvements have been paid for by Bloomberg Companies Incorporated. INSURANCE Subject to availability, the Association will procure liability insurance covering the Association and its members having limits of $1,000,000 for Personal Injury and $300,000 for Property Damage. We will be completing the required paper work for the creation of the Association and transfer of title to the property to the Association during the time remaining prior to final approval of the plat for the 2nd Addition. We will be happy to work with you and the City Attorney during this process to make sure everything meets with your approval. /Sirtperely, William M. McRostie Vice President A Riley- Purgatory Creek Watershed Distric January 18, 1979 Mr. Mark Koegler City Planner City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 8950 COUNTY ROAD EDEN PRAIRIE, MINNESOTA 553 Re: Colonial Grove at Lotus Lake 2nd Addition: Chanhassen Dear Mr. Koegler: The engineering advisors to the Board of Managers of the Riley -Purgatory Creek Watershed District have reviewed the preliminary plans as submitted to the District for the Colonial Grove at Lotus Lake 2nd Addition in Chanhassen. The following policies and criteria of the District are applicable for this project: 1. In accordance with Section E(2) of the District's Rules and Regulations, a grading and land alteration permit must be obtained from the Watershed District. Accompanying the permit application, an erosion control plan outlining how sediment will be prevented from leaving the altered areas on the development site both during and after construction must be submitted to the District for review and approval. 2. A detailed storm sewer plan,must be submitted to the District for review and approval. The District encourages the use of permanent sedimentation/storage basins as shown on the preliminary plans. Storm water runoff from the development site should be directed into this basin prior to being discharged into the public waters of the District. Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, rR;ECWJM '_ Rohert C. Obermeyer BARR ENGINEERING�`CO. Engineers for the District979 RCO / 111 cc: Mr. Conrad FisknessE OF Mr. Frederick Richards S9, . r Planning Commissic- Meeting September 27, 1978 -4- PUBLIC HEARING PROPOSED SUBDIVISION, REZONING AND PRELIMINARY DEVELOPMENT PLAN COLONIAL GROVE SECOND ADDITION Roman Roos called the hearing to order. Herb Bloomberg was present. The Assistant City Planner read the. official notice as published in the Carver County Herald. The Assistant City Planner recommended that the Planning Commission look favorably, on the proposal and recommend that the Council approve the preliminary development plan. Council review should be conditi.one upon the applicants submission of a satisfactory document governing the management and control of the outlot to the City Attorney's office Roman Roos - Do you have the covenants and restrictions already draxmi up? Herb Bloomberg - They were drawn up by -Cliff Whitehill who is a resident in the neighborhood. I would be happy to get a copy for the City Attorney. Roman Roos - I would like to have you state the use of the common outlot. Herb Bloomberg - Anyone in the adjoining subdivisions has the privilegi of joining it. It is operated under by-laws set up by the charter and filed with the appropriate state authorities. We, personally, have the interest only in that we are a resident and will have a membership just the _same as our neighbor. We deed it to this organization which ownes the property. That organization will, pay, for all the improvements, etc. I Hud Hollenback moved to close the public hearing. Motion seconded by Walter Thompson and unanimously approved.. PROPOSED SUBDIVISION, REZONING, AND PRELIMINARY DEVELOPMENT PLAN - COLONIAL GROVE: The Engineer stated that t e.p an is in accordance with their recommendations as to the ponding. It is more than adequat( to accommodate a 100 year flood. The plan should be submitted to the Riley Purgatory Creek Watershed District for their approval and comments. Walter Thompson moved to recommend the Council.rezone the proposed Colonial Grove Second Addition from R-1 to P-1. Motion seconded by Dick Matthews and unanimously approved. Jerry.Neher moved to recommend the Council approve the preliminary plat of Colonial Grove Second Addition, Exhibit A, dated September 27, 1978, as shown. Motion seconded by Walter Thompson and unanimousl, approved. Dick Matthews moved that there will be no alteration or structures on the outlot without a conditional use permit. Mr. Bloomberg will prepare and submit covenants and restrictions for.the use of the outlot. Motion seconded by Hud Hollenback and. unanimously approved. The Assistant City Planner will review the file with the City Engineer, to determine the amount of escrow deposit required of Mr. Bloomberg.. OAKMONT - SKETCH PLAN: The applicant is proposing to subdivide approximate y 194 acres into 30 2.5 acre lots. The property is. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P 0 BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 25, 1978 TO: Planning Commission, Staff, and Herb Bloomberg, Bloomberg Companie Inc. Chanhassen, Minnesota FROM: Assistant City Planner, Bob Waibel SUBJ: Colonial Grove 2nd Addition, Preliminary Development Plan, Public Hearing APPLICANT: Herbert Bloomberg PLANNING CASE: P-427 The petition before the planning commission, is to gather neighborhood sentiment to the subject a recommendation for city council action. Planner's Comments to hold a public hearing proposal and to formulate 1. Because of the inordinant length of time for consideration of this proposal, copies of accumulative staff reports and minutes have been included for your background. In past meetings, the issue concerning Lot 4, Block 3, had been resolved so that in affect, lot 4, block 3 will remain in the proposed plat. The applicant should, as prescribed by ordinance, state for the record the proposed use and management of the common outlot, and supply the city attorney's office with the proposed covenants and restrictions describing the management of said outlot. Planner's Recommen&tt on I recommend that the planning commission look favorably upon the subject proposal and move to recommend that the city council approve the prelim- inary development plan of Colonial Grove 2nd Addition. Council review of the subject proposal should be conditioned upon the applicants submission of a satisfactory document governing the management and control of the public outlot to the city attorney's office. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) Don Ashworth. being first duly sworn, on oath deposes and says that he is and was on September 19th , 19 78 , 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 Subdivision, Rezoning, and Preliminary Development Plan 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 Notary Public Harbert Bloomberg Bloomberg -Coo, Inc. Chanhassen, 4n. 55317 Ecklund & Swedlund F Highway 7 & VineHill Rd. Excel,siorr Mn.o 55331 b K City of Eden Prairie City Hall 8950 Eden Prairie Ed. Eden Prairie,, Pln, 553441 Robert Conklin Rt. 4 Box 509 Excelsior, Mn. 55331 Allan 14. Christman f 7008 Cheyenne Excelsior, Mn. 55331 t Karre Sonsteby 7012 Cheyenne Excelsior, Mn. 55331 ! 0 Names, E. 0 v Leary 7018 Cheyenne Trail Excelsior, ,Mn. 55331 Stanley Nielson 7002 Cheyenne Excelsior; r Frio 55331 : Wm. SPl,iethoff .210 -r5 andyhook Rd. - Chanhassen, Dina 55317- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED SUBDIVISION, REZONING, AND PRELIMINARY DEVELOPMENT PLAN REVIEW, FOR HERBERT BLOOMBERG, CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday, the 27th day of September, 1978 at 8:45 p.m., at the City Hall at 7610 Laredo Drive, Chanhassen, Minnesota, to consider the rezoning, subdivision, and preliminary development plan proposals of Herbert Bloomberg for the parcel known as Colonial Grove II, legal described as follows: "Colonial Grove at Lotus Lake, Outlot #2." A plan showing said proposal is available at City Hall for inspection. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Assistant City Planner, Bob Waibel (Publish in the Carver County Herald on September 13, 1978.) Planning Commissir Meeting April 12, 1978 -9- the preliminary development plan for.Minnewashta Creek First Addition. Motion seconded by Hud Hollenback and unanimously approved. PRELIMINARY PLAT - JANES MC CLEARY: Mr. McCleary is proposing to subdivide 4". •acres into seven single family lots and one,outlot. Mr. McCleary stated it,is his intention to sell 1/3.undivided interest in Outlot A to each of the off -lake lots. He does not proposed to construct 'a dock-. :The outlot has a: good swimming beach. Dick Matthews moved to hold a public hearing on May 10, 1978, at 8 :30 p i . tee ider "subdivision an i ional -use permit for Outlot A for James McCleary.- Motion-seconded-by-Hud-_Ho-llenback'-and unanimously approved. SKETCH PLAN - COLONIAL GROVE SECOND ADDITION: Mr. -Bloomberg was present to discuss is.�proposed subdivision.of 16.4-acres into 30 single family.lots'and one common lot on property located on the west side of Chanhassen Road adjacent to Colonial Grove. The Planner recommended that the -Planning Commission encourage the applicant to.prepare'a preliminary development plan in accordance with Sections 7 through 9 of Ordinance 33 and the Zoning'Ordinance. Said plan should include a narrative statement and drawings that describe the proposed use of the common lot and detailed dimensions of the sedimentation pond and the lots -adjoining the pond. Frank K.urvers was present and expressed concern about the drainage. The Engineer explained that the existing culvert under Cheyenne AW has been blocked and the water from.this-proposed subdivision will -gather in the sedimentation pond and flow through a storm sewer to the north. Mr. Bloomberg was told to proceed with preliminary development plans. SCHNEIDER AGENCY, INC. - VARIANCE REQUEST: Charles Schneider was present requesting a --variance to Section 13.01 of Ordinance 33 - to convey by metes and bounds, 48,993 square feet of land to the State -.Bank -;of -.,Chanhassen to be used.for -additional .parking `and to provide for -additional' drive -up lanes-,when:the need anises-.' During _the discussion on setback requirements it --was discovered that the -City Hall property is incorrectly --zoned. This will be taken care of av a later time. . Hud Hollenback moved to hold a public hearing on May 10, 1978, at 9:15 p.m. to consider the variance requested by the Schneider Agency, Inc.- Motion seconded by Walter.Thompson-and unanimously.approved. SUBDIVISION REQUEST FOR LOTS 11, 12, 13,:16,• 17; 18, 54,'55,.AND'56, PLEASANT VIEW ADDITION: Jo n Sc evenius was present requesting to subdivide the above listed lots into four lots proposed as Tracts A, B, C,-and D. The proposal is to essentially sell the easterly most 45 feet of Lot's 17, 12, and 55 excepting the northern 140 feet of Lot 1 to the owner of -Lots 18 and.56. Lots- 55- 54, 17..and 16 have two water and sewer laterals and two water and sewer trunk units assessed. Lots 56 and 18 presently have one -sewer -and water lateral and one sewer and water trunk unit assessed. The geometry of the existing property split. in' -Lots 12 and 13 has created a substandard lot deficient in lot area. The Planner -recommended -the Planning Commission CITY OF 1 2 ! 3 s F } IMF 7610 LAREDO DRIVE®P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: April 10, 1978 SUBJ: Drainage Report, City Engineer, Colonial Grove Drainage Across Frank Kurvers Property. Mr. Kurvers was present at the council meeting of April 3, 1978, requesting City Council action in regards to a drainage problem across his property. Specifically, Mr. Kurvers believes that the fill placed in the ponding area in Colonial Grove has caused additional waters to drain from this area across a drainage swale on his property and destroying a portion of his driveway. This office was notified by Mr. Kurvers of this problem _late Monday afternoon (April 3, 1978) and set a meeting date with Jack Gill of Schoell and Madson to review the problem Tuesday afternoon. The following comments are made from that field inspection by the City Engineer and this office r 1). A drainage swale exists and appears to have always existed from the Colonial Grove area,crossing the property north of Mr. Kurvers and the Kurvers Property. 2). The property directly culvert under the driveway, i the driveway of this property north of the Kurvers property has n the drainage swale, and no damage was noted. 3). Minor driveway erosion does exist on the Kurvers driveway. However, there is no culvert under the drive in the swale area. Therefor any water (regardless of where originating) is forced to dam up north of the Kurvers driveway and when high enough, run across the driveway. Damage did not appear to have occurred from a large volume of water (the Council is advised to review the driveway damage). 4). Water was draining across the Kurvers driveway at the time inspection. 5). There were no Grove, under Cheyenne inspection. The north waters running through the culvert from Colonial (leading to the Kurvers property),at time of end of the culvert had.been sand bagged (per the Mayor and Council. -2- April 10, 1978 report of the Engineer when this issue was originally per Bill Brezinsky's report of November 12, 1976 - see within approximately 6 inches of the top of the pipe. discussed and attached) to 6). The area surrounding the drainage swale on the property north of Mr. Kurvers and the Kurvers property drains to the swale which has and will continue to drain through this swale would there be no waters drained from the pond area in Colonial Grove. 7). A storm sewer system (approximately 15 inch clay tile pipe) presently exists running northwesterly through Colonial Grove to the lake. This pipe is approximately 1 foot lower than the culvert at Cheyenne. This pipe was flowing at the time of our field inspection. Without detailed engineering studies, it is impossible to state that waters did not accumulate to such a height as to exceed the capacity - of the 15 inch pipe; to rise to such a height as to exceed the height of the sand bags,and then to run to the Kurvers property. However there is no evidence of the 15 inch pipe discharging to full capacity at the lake. 8). A petition is presently before the Planning Commission to subdivide in the area surrounding the pond area in Colonial Grove. As a part of this consideration the engineer will make a detailed analysis of the 15 inch pipe.capacity in relation to the drainage area and make recommendations concerning any additional drainage facility requirements necessary. Assuming approval of the preliminary plat, any work required could be completed this year or early next year. This office knows of no -negative staff comments in regards to the proposed preliminary plat at this time. 9). Based on the analysis of the engineer, totally closing the culvert in Cheyenne does not appear to create any potential problems for residents in Colonial Grove and would eliminate the, potential contention that waters are running from the ponding area through the Kurvers property. I have ordered the engineer to totally block this culvert (a means will exist to re -open such if necessary). Based on the above information, this office would recommend that the city council take no action on this item. WILLIAM D: SCHOELL CARLI.SLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL R❑DNEY B. GORDON THEODORE O. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING SCHOELL & MADSON,tNc. i a ENGINEERS AND SURVEYORS i) 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 553� OFFICES AT HURON. SOUTH DAKOTA AND DENTON. TEXAS; April b, 1978 City of Chanhassen c/o Mr. Don Ashworth, Administrator Chanhassen, Minnesota 55317 Subject: Proposed Subdivision Colonial. Grove Subdivision 2nd Addxtio Gentlemen: We previously reviewed the subject subdivision on October 13, 1977 (report attached). The developer, in response to Planni.nc.; Coamission concerns regarding drainage in the proposed plat, is now submitting.a revised drainage plan. Since there were no drainage. problems prior to the partial filling of the property along Cheyenne Trail, the storage capacity of a sedimentation pond should equal the previous storage plus any additional storage capacity required by development of the prop- erty. Assuming this criteria as well as a storage pond with an area of approximately .8 acre (as indicated on, the plan subm, itted),. development to more intense use of 4.8 acres tributary, and a nor{nal ground water table of 915.8: 1. The pond elevation should be at elevation 918.7,. and. 2. The outlet capacity should equal the maximum esti- mated 10 cfs now existing. We would suggest approval based on design criteria of the sedimentation pond as suggested herein. Very truly yours, SCHOELL & MAQSON ,,INC . W. �7. L OOV I-y WJBrezinsky:.sg attachment I CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORNADUM DATE: April 4, 1978 TO: Planning Commission FROM: Assistant City Planner, Bob Waibel SUBJ: Colonial Grove 2nd Addition, Sketch Plan Review APPLICANT: Herbert Bloomberg PLANNING CASE: P-427 Please include the attached with your copy of the Exhibit 1, Colonial Grove 2nd Addition: Enclosures 1. Planner's Report dated April 4, 1978. 2. City Engineer's report dated April 5, 1978. 3. Planning Commission minutes dated October 12, 1978. 4. Sketch Plan. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: April 4, 1978 TO: Planning Commission FROM: Assistant City Planner, Bob Waibel SUBJ: Colonial Grove 2nd Addition PLANNING CASE: P-427 APPLICANT: Herbert Bloomberg Petition Mr. Bloomberg is proposing to subdivide approximately 16.4 acres of land into 30 single family lots and 1 common lot. Planner's Comments 1. As can be seen in enclosure 4, all of the concerns mentioned in the minutes of October 12, 1977, Planning Commission meeting are reflected on the newly submitted sketch plan with the exception of the deletion of Lot 4, Block 3. 2. More detailed information concerning the sedimentation pond is presented in the engineer's report. 3. The proposal at hand will necessitate rezoning of the subject propert, from R-1 to P-1, Planned Residential Development District pursuant to zoning, ordinance 47 standards for P-1 districts. Planner's Recommendation I find that the proposed Colonial Grove 2nd Addition is positively consistent with the City's plans for land use, transportation and utilities, if amended to address the concerns of the Planning Commission and staff. I recommend that the Planning Commission encourage the applicant to prepare a preliminary development plan in accordance with Sections 7 through 9 of Subdivision Ordinance 33 and Zoning Ordinance 47. Said plan should include a narrative statement and drawings that describe the proposed use of the common outlot and detailed dimensions of the sedimentation pond and the lots adjoining to the pond. Park and Recreation ~ommission Minutes "-g'e 2 April 4, 1S hirley Chellis made a motion that the Park and Recreation Commission signate Western Hills Park as the Arbor Day planting area. Phyllis Po seconded the motion. Motion passed. The C mission discussed the merits of vacating Valhalla St et where it termina es on the shore of Lotus Lake. The shore land of lake is a value to he community. A recent meeting of the MetropqZitan Council Open Space Committee had specific concerns about the ek and loss of public land for fishing in the metro area. Energytage is going tc effect the di tance and the number.of occa/sointent rson will make long trips up north nd the result wi.�ll be incring pressure in the metro area. An her factor which was exprthe increasing num- bers of retired pac>ple who will be taking of water based rec- reation on fixed incomes. The sentiment wthat the Open Space Committee recors,ended to the full Co fishing docks be funded by the Special t3 e Catagory of Coi.}ncil. Additionally, lake shore will appreciate in value. Pat Boyle made a motion that the City of Chanhassen retain ownership of Valhalla Street and take necessary steps to make certain the land is not misused Shirley Chellis seconded the motion.. Motion carried. Pat Boyle would like to be no'Lifie'd when the above issue will be present for council consideration Bob Waibel reviewed e Ritter Addition ith the Park and Recreation Commission. Shirl Chellis voiced conce at the lack of active space in the north an est area of the city. Shi ey asked where the closest Vpark was and_ h replied Leach'_-s Resort on Lake ?-Iinnewashta. Pat Boyle �1 made a motion that the Park and Recreation Commi ion not accept Mr. Ritter's-generous offer to donate land to the city nd she recommended t the P and Recreation Commission endorse the Planni Commission re endation to abide by ordinance 14-A and contribut cash in lieu of property. Walter Coudron seconded the motion. Motion carried. Bob Waibel reviewed Colonial Grove Addition with the Park and Recreation Commission. After much discussion, Shirley Chellis made amotion that the Park and Recreation Commission recommend that ordinance 14-A be applied and further request a donation of cash in lieu of land by the developer. Phyllis Pope seconded by motion. Motion carried. Waibel discussed the Kellynne Development. Shirley ellis made a motion that Mr. Callahan and M . V,.aibel review the north a west side of Lake Minnewashta and look for a possible park site. Deni tedman seconded the motion. Motion carried. Park Committees: % 1. Western Hills - Phyllis Po Pat Boyle. 2. Carver Beach - Phyllis- pe. 3. Lotus Lake - Walte oudron. 4. Trails - Mary e lhausen. \ 5. Athletic ds - Denis Stedman 6. Lake - Pat Boyle 7. C hassen Estates - Joe Betz 8. Minnewashta - Shriley Chellis. vas CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Planning Commission and Staff FROM: City Planner, Bruce Pankonin DATE: October 21, 1977 SUBJ: Tabled Planning Items As shown in the October 12, 1977, planning commission minutes, the planning commission tabled reconsideration of Reicher's Plat and sketch plan review of Colonial Grove 2nd Addition until the October 26, 1977, meeting. As of this writing, no correspondence has been received by this office from either Robert Reichert or Herbert Bloomberg. CITY OF LA. I J 7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 October 20, 1977 Mr. Frank Kurvers 7220 Chanhassen Road Excelsior, MN -55331 Dear Mr. Kurvers: Pursuant to your request of October 10, 1977, attached please find the documents you requested. T have placed notes in the margin of your letter on items that were either non -applicable or for which records are not available. Should you have any questions, please feel free to contact me. Sincere Don Ashworth City Manager DA:k Enclosures 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 !) 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS October 13, 1977 City of Chanhassen c/o Mr. Bruce Pankonin, City Planner Chanhassen, Minnesota 55317 Subject: Colonial Grove at Lotus Lake Preliminary Plat Review Gentlemen: We have reviewed the subject'preliminary plat as prepared by F. C. Jackson Land. Surveyors dated September 15, 1977, Streets. The.horizontal, right-of-way width and corner radii shown are within Ordinance Standards. The vertical alignment is not shown. The street grades should be a maximum of 7% and a minimum of 0.5% except within 30 feet of street intersections where the grade should not exceed 31/10. A typical street section is not shown. The street should have an improved width of 28 feet from back-to-back of concrete drive over curb and gutter. The street should be 7-ton capacity. Draina -e. The front yards of the lots on Sandy Hook Road and Cheyenne will drain to the streets. Storm sewer would be required for the interior lots. This.system should be connected to the existing system in Colonial Grove. The location depends on the street grades established. Sanitary Sewer and Water. Trunk sanitary sewer and water service is available to this property. The lots abutting Cheyenne and Sandy Hook Road would be provided service from lines in these streets. SCHOELL & MAOSON, INC. City of Chanhassen October 13, 1977 c/o Mr. Bruce Pankonin, City Planner Page 2 Subject: Colonial Grove at Lotus Lake The interior lots would be served by new lines installed in the proposed street. A 6-inch watermain would be required along the entire length of street. The sanitary sewer location and depth de- pends on street and site grading. Utility easements at least 12 feet wide should be shown on rear and side lot lines where required. Recommendations. The developer should be required to provide for our review proposed grading, street, utility and drainage plans prior to the Public Hearing. We will be glad to help the owner in development of these plans. Very truly yours, SCHOELL & MADSON, IN WJBrezinsky:sg Regular Planning Commission Meeting October 12, 1977 -2- He-Orought a sound level meter for members to view. This type of equipment would cost from $300 to $600, There are programs for loaning equipment through the federal government which he felt the city should investigate. The MPCA does have meters they will loan for a few days at a time. MPCA hold workshops twice a year to familiarize persons with sound level meters, how to calibrate them, etc. They wil1.also train people at any time. Hud Hollenback moved to recommend the City Council consider incorporating by reference the Minnesota PCA Noise Standards into Ordinance 47 and amend the noise standards in Section 12.7. Motion seconded by Jerry Neher and unanimously approved. AMENDMENT TO ORDINANCE 47, ZONING LOT LIMITATIONS: Hud lollenback moved to recommend the City Council consider amending OHinance 47, Section 19.15 to read as follows: 1. Only one principal structure shall be permitted on each zoning lot. 2. A platted lot of record in the office of the Register of Deeds or Registrar of Titles of Carver County on or before February 8, 1972, shall be deemed a buildable lot provided sanitary sewer and water are in place and assessed and it has frontage on a public right-of-way and frontage and area requirements for the district in which i is located or adjusted to conform as follows: A platted lot of record i the of ice of the Register of Deeds or Registrar of Titles on or for February 8, 1972, which is in an "R" district and which does meet the requirements of this ordinance as to area or fron e, may be utilized for single family detached dwelling purposes ro ided the measurements of such area, frontage or open space ar with 50% of the requirements of this ordinance and sanitary sewer is place and assessed to the platted lot of record, and the principal ructure which is proposed to be constructed on the platted lot of cord shall conform to all setback requirements of the district in which the platted lot of record is located. Motion seconded by Jerry Neher and unanimously approved. SUBDIVISION RE U - DAVID LARSON: The City Plann r recommended that proposed Lot 3 have t e inimum 90 feet of frontage on Pleasa View Road and further that the Pla ing Commission hold a public hearing to est neighborhood sentiment. Mr. Larson as revised the proposed plat to reflect the requested frontage. Roman limos moved to hold a public hearing on November 9, ID 7, at 8:15 p.m. to consrd er the subdivision request for David Larson. Motion seconded by Hud Ho-�1enback and unanimously approved. SUBDIVISION REQUEST - HERBERT BLOOMBERG:. Mr. Bloomberg was present seeking approval to subdivide his property on t e east side of Colonial Grove into 30 single family lots and one common outlot. Sewer and water are in place to the property. All the lots to be created meet or exceed the minimum requirements of Ordinance 47 except for Lot 5, Block 1. This lot has to be 75 feet wide pursuant to the Shoreland Ordinance, and Lot 4, Block 3 does not have sufficient buildable area when all side yard and rear yard setbacks are considered. Elimination of this lot would equalize the lot area in Lots 2, 3, 5, 6, and 7. Lot 4 is proposed as a common outlot and is' allowed upon the issuance of a conditional use permit. The City Planner feels the proposed subdivision plan is in conformance with the city's plan for land use, transportation, and zoning provided it is changed to reflect the above items. 0 Planning Commission Meeting October 12, 1977 -3- Bili Brezinsky - The horizontal alignment, right-of-way width and corner radii are in accordance with ordinance standards. The vertical alignment isn't shown on the plans submitted. The street grades should be in accordance with ordinance standards with a maximum of 7% and a minimum of 0.5% except at the two intersections where it should be a maximum of 3% for 30 feet back from the intersection. A typical street section isn't shown. The street required should be 28 feet wide back-to-back of concrete drive over curb and gutter. The street should be 7-ton capacity. The front yards of the lots on Sandy Hook Road and Cheyenne will drain to the streets. The interior lots will drain to a storm sewer with catch basins located at the south end of the "U" road. Storm sewer will have to be installed and connected with the existing system in Colonial Grove. This storm sewer outlets into the lake on the north side of Colonial Grove. Storm sewer plans will be submitted to the watershed district for their approval and recommendations before this plan will go ahead. The city should check out the existing line to be sure that that's open and functional before a connection is made. Hud Hollenback - I am frankly more sensitive as to what happens to this water by the time it gets to the lake than I am having storm sewers starting off the land. When we interrupt the natural soil conditions and put down pavement and roof tops that water is going to end up in the lake and the solution we came up with to take it off the roads and into the lake we are just pumping trashy water into the lake. A storm sewer is a lot different than filtering it down through vegetation. Bill Brezinsky - The outlet for the storm sewer is at least 100 feet from the lake right now. Dick Dutcher - You may settle out the solids but you are not going to filter out nutrients and that is the major problem. These people will be fertilizing their yards and in turn fertilizing the lake. Bill Brezinsky - What you are saying is that possibly there should be some upland storage or else the sump area should remain. Dick Dutcher - Mother Nature has provided us with a solution right now. It's in existance and it didn't cost anything when it was first created. Now were are changin or altered that situation. I think a concern has been raised that if it is altered that the balance of the ecology the environment of the area not be, disturbed. There is some question in my mind and as Hud indicated in his mind, as to whether a storm sewer does provide that kind of insurance. Bruce Pankonin - May I suggest that Mr. Bloomberg go back to his engineer, come up with a grading plan that attempts to keep the water on the land for the longest period of time and then come back to the Planning Commission. We will take that plan to the DNR, PCA, and Riley Purgatory Creek Watershed District to see if it meets their standards. Herb Bloomberg - I would say our essential ponding area is really not being disturbed We can develop what would be a ponding area that would eventually seep off. I think as far as any of Bruce's recommendations to conform with the code on size lots, there is no argument on that. I think his suggestions are good and we just drop that one lot. We are indicating a neighborhood use of the one lot. We would end up with a 25 foot wide lane to the lake and the other part would accommodate two tennis courts. We are hoping to work out some sort of accommodation to let the back court of the tennis court encroach perhaps up to 10 feet on the 30 foot setback. It would be a playing area. Bruce Pankonin - The Board of Adjustments and Appeals acts on variance requests. The Planning Commission could sure'make a recommendation on that issue. I would like to prepare a staff report for the next meeting on this issue. Herb Bloomberg - This lot would belong to an association in its management and care. We would like to put a dock out for swimmers and perhaps have a canoe launching place and possibly small sailboats. We would restrict against any marina because,we wouldn't ask these people that are on -the shore close by to put up with an anchorage. �' ,.9t�'�" a .�-T �tf ''S ;,t►. ;; ;y, i �+. r +,lt ;,.{N� i�� �•' ,. .. . c.<.�.........• ��.........,.�-?y,A, .w a, ¢.»:die►��;'1iiu�...i.,�ii:.:'Wt�.uir'y��i:���.:. Planning Commission Meeting October 12, 1977 Bruce Pankonin -- I would suggest that all of the grading plans the next meeting. Possibly the Planning Commission could meet early to generally discuss this; tour the site, come back here and have your regular meeting and at that time decide if you are ready to have the public hearing or not. P' /7/"7 l� l2 ' &�P-f ey- co ;PNll- rr`, tx )CT 1977 C\, RECEIVED o, -VIL Ao of w O MiNN. L CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 5, 1977 TO: Planning Commission, Staff and Herb Bloomberg FROM: Bruce Pankonin, City Planner SUBJ: Preliminary Plat of Colonial Grove 2nd Addition APPLICANT: Herb Bloomberg PLANNING CASE: P-427 Petition As shown in enclosure 2, the applicant is proposing to subdivide the subject property into 30 single family residential lots and one common outlot. Background 1. Community Location: As shown in enclosure 1, the subject property is located directly south of Purgatory Creek on STH 101. 2. Existing Zoning: The subject property and environs is zoned R-1, Single Family Residence District. Within this district a single family lot has to have 15,000 square feet in area and 90 feet of frontage on a public street. 3. Comprehensive Plan Proposal: a. Pursuant to the city's adopted Land Use Plan, the subject property and environs is to assume a low density single family residential identity. b. Transportation: STH 101, which forms the subject property's eastern border, is proposed to function as a minor collector street in the city's adopted transportation plan. By policy, the city should discourage individual accesses to collector streets and only allow local street intersection. Planning Commission -2- October. 5, 1977 4. Municipal Services: Sanitary sewer and water is in place and assessed to the subject property. 5. Municipal Shoreland Management Standards: a. Lot Area Requirements: As shown in city ordinance 65, Lotus Lake is zoned as general development waters. Within this district all lots that abut the public body water shall be 75 feet in width at the high water mark and 15,000 square feet in area. Planner's Comments 1. All the lots to be created meet or exceed the minimum requirements of city ordinance 47 except for the following: Lot 5, Block 1 (pursuant to the Shoreland Ordinance, this lot has to be 75 feet wide as the high water mark); Lot 4, Block 3 does not have sufficient buildable area when all side yard and rear yard setbacks are considered. Elimination of this lot would equalize the lot area in Lots 2, 3, 5, 6 and 7. 2. Lot 4, which is proposed as a common outlot, is allowed in the R-1 use district upon the issuance:of a conditional use permit. The applicant should be required to submit detailed plans identifying the proposed use or uses of the outlot. 3. Comments regarding street grades, grading and surface drainage should be referred to the engineer. 4. From a planning perspective I feel the proposed subdivision plan is in conformance with the city's plan for land use, transportation and zoning if it were changed to reflect the items identified above. Planner's Recommendation I recommend the planning commission order a public hearing to be held on November 9, 1977, to test neighborhood sentiment on the question of dividing the subject property into 30 residential dwelling sites. MEMORANDUM TO: Mayor and City Council FROM: City Administrator, Don Ashworth DATE: November 15, 1975 SUBJ: Fill Permit Request, 104 Cheyenne Ave., Herb Bloomberg During construction of the East Lotus Lake Sewer project, fill.was placed by Lametti Construction Company on Mr. Bloomberg's property (Lot B, as shown on the attached drawing). No permit was obtained. and staff stopped further filling in this area. Allegedly, neither Mr. Bloomberg or Lametti Construction knew a permit was required or considered that the other was responsible for obtaining such. Mr. Bloomberg's request is to allow the fill to remain. Staff has taken the position that unless authorized by the council, such fill shall be removed - the costs for which being between Mr. Bloomber and Mr. Lametti. This office has informed Mr. Bloomberg that the fill permit should be considered as a part of the subdivision of the property. Mr. Bloomberg agrees, but does not wish to subdivide at this time. Our engineer states that the fill placed to date does not significantly effect drainage in this area, but further fill would require a detail analysis of the size, configuration, and run-off from the proposed pon on the site. Should the council determine to allow the fill in -place to remain, such should be conditioned upon: 1). The applicant pay the fill permit for fill placed to date. a). No further fill shall occur on the site prior to subdivision of the property and the conditions established for such. 3). In the event that the fill placed to date is determined to be incompatible to the city in the eventual subdividing of the area,° the applicant agrees to accept the responsibility of having the material removed at his own expense. 4). The applicant agrees to the above conditions in writing. u�� dity Council Meeting td.,,vember 15, 1976 -5- advertise for members. NeThe Kurvers,following and Waritz.favor: negative votes. councilmen Hobbs, veaux Motion carried. FILL PERMIT - HERBERT BLOOMBERG: During the construction of the East Lotus Lace Project rt was p aced on a portion of the Bloomberg property Staff feels the ilwilMrhave.to be Bloombergrwasvpresentss the requestingcil acts approvaito approve a fill permit. of a fill permit. If the Council determined to allow the fill staff recommended it should be conditioned upon the following: 1. The applicant pay the fill permit for fill placed to date. the site prior to subdivision of 2. No further fill shall occur on the property and the conditions established for such. 3. In the event that the fill placed to date is determined to be incompatible to the city in the eventual subdividing of the area, the applicant agrees to accept the responsibility of having the material removed at his own expense. 4. Additional drainage from the fill that has been placed will be diverted to the north. 5. The applicant agrees to the above conditions in writing. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to grant a fill permit to Herbert Bloomberg as outlined in the Administrator's letter of November 15, 1976, with the stipulation that additional drainage from the fill that has been placed will be diverted ted in to thncilmenth. The Hobbs, Neveaux,-nandoWaritz.faCouncilmanrKurversl Councabstained. Motion carried. TROLLS -GLEN - DEVELOPMENT CONTRACT AMENDMENT: Mrs. Peterjohn was present requesting a e ay in paving t e street in Trolls -Glen until the spring of 1977. Staff recommended denial of the request. The City Engineer stated this is really a maintenance problem as the concrete curbs stick up and may be damaged by a snow plow this winter. The Peterjohns will be responsible for any damage that may occur. Mrs. Peterjohn stated she recognized this. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to approve an amendment to the Development Contract for Trolls -Glen First Addition delaying the paving until the spring of 1977 with the condition that the Peterjohns realize the potential problems the city will have in maintaining those roads over the winter and the fact that they will be responsible for any damage therefore incurred. The following voted Councilmanfavor: NeveauxMayor votedgnohutMotionCouncilmen carriedHobbs, Kurvers, and Waritz Mayor Klingelhutz called a special meeting for Monday November 22, 1976, to discuss the 1977 Police Contract. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to adjourn. The following votein onegative votes faNr: Mayor eMeeting lhuncilmE Hobbs, Neveaux, Kurvers, and Wa adjourned at 12:30 a.m. Don Ashworth (-I c, r k -Administrator WIL D..SCHOELL SLE MAOSON JACK Y. VO$L6R JAMES R. DAR HAROLD E, DAHLIN LARFJY L. HANSON. RAYMOND J. JACKSON WILLIAM J. BREZINSKY JAL K E. GILL FRANK V. LASKA SCHOELL & MAD8ON.INC. ENGINEERS AND SURVEYORS 16121 ©3B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55 November 12, 1976 City of Chanhassen c/o Mr. Don Ashworth, Administrator Box 147 Chanhassen, Minnesota 55317 Subject: Last- i.ntus.-Lake Sewer and Water Project No. 75-10 - Colonial Grove Outlot 2 Fill. Gentlemen: On October 27, approximately 1,800 cubic yards of fill were placed in Outlot 2 of Colonial Grove without a fill permit. The work was done by the sewer and water Contractor, Peter Lametti Construction Company, with authorization of the owner. The area filled includes approximately 0.6 acre of a total 3.7 acre low area north of Cheyenne Trail. This low area, serving as a sump for an approximate 15 acre surrounding area, overflows through a 15 inch culvert to a ditch between Colonial Grove Lots 25 and 26 south of Cheyenne. Ultimate discharge is a low area connected with Lotus Lake on the nary Kurvers Property. The owner of Outlot 2 eventually intends to fill a part of the low area, replacing the lost storage with a deeper sump as indi- cated in the Feasibility Report for this project. For this reason, we do not feel removal of the fill would not be warranted. Because of the unusually dry summer and fall, the loss of storage does not present an immediate problem. however, the combination of heavy snow this winter and rains next spring with the loss of storage could result in increased run-off across the properties to the south. A J • 01 SCHOEL»L. MAOSON, City of Chanhassen - 2 - November 12, 1976 In order to temporarily replace the lost storage, we would suggest a partial damming of the culvert inlet. To achieve the previous capacity the dam should extend 0.35 feet above the culvert inlet. kTJBrezinsky : blc Very truly yours, KHOELL & MADSON, INC. A r November 11, 1976 City of Chanhassen c/o Mr. Don Ashworth P.O. Box 07 Chanhassen, Minnesota 553t7 c a NOV1976 r RECEIVED viu.aoe or CHANHAsseN. 'V MINK A'1ti Subject: Partially filled wet Wb land area in the Colonial Grove Subdivision Gentlemen: On Wednesday, Oct. 27th, 1 brought to the attention of the zoning administrator, i-ruce Pankonin, illegal fill into Colonial Grove wetland. On Thursday, Oct. 28th, I contacted Xir. H►...'^ 1 ar: on informing him of the illegality of the Colonial trove frill. On Friday, Oct. 29th, I al.;o informed Mr. lion Ar•hworth. On Saturday, Oct, 30th, Mr. ]sill Urezinsky was al;:o informed by me. Colonial Grove wetland was a natural wetland area which beautifully controlled run offs into Lotus Lake. After the water naturally flowed through Colonial. Grove it would naturally enter and flow through the low land of my property. Due to the fill. that has been placed on Colonial drove, tho natural wetland, factor run off will. be forced through my property caunini, considerable erosion and possibly the wash out: of my cu.l Bert . When the now treat;, were installed curb;.: were added with cut:: in the curbs to allow road water to drain into my property. The original road; had no curb. and the run off naturally flowed to the Colonial Grove wetland and gradually seeped onto my low land. This change will rapidly increano the flow of water to my land causing flooding and erosion through.my garden and pasture area. My property i.;= in danE;er.• of severe erosion and flooding due to thin damaging action. Almo;:t three weeks have paw. ed arid no action by the city has been instigated. This cannot be overlooked. ]'leave take immediate action by enforcing all laws and regulations pertaining to thiln unwarr.ented action. I strongly urge you to take immediate action on this matter before our cold Winricsota winter and frost sets in. --2- We were anticipating signing a working easement to allow the ::ewer coi-itractor to install sewer lines through the Kurver. s' properties. No aereemer,t can po;,sit,ly be :signed until this action is remedied to our Satisfaction. r Franklin hurvers CC: Herb „bomber;- Ruc':. Larson viiI I i am '.rezin ;ky BLOOMBERG COMPANIES INCORPOHA I E D CHANHASSEN, MINNESOTA 55317 ltil21 474.5479 IIE.HHEH I N Hl.uc)MHI Hl; .1vesiJrnr 141CHAHII S. HI OuMll! H1; Vive hesn/rnt Ild-amere•.r "OHE111 f t l DW It Vice Pees"6pnt Novendx:r 9, 1976 City of Chanhassen C/O 14r. Don Ashworth, Administrator P. O. Box 147 Chanh.isson, Miruiesota 55317 Subject: Land fill deposited by Peter Lametti Construction Conpany frcm East Lotus Sanitary Sewer and VIater Project. Gent lent_: nie area in reforenc:e is the north side of Cheyenne and east of State highway 101 on our lot "B" of C:01011ial Grove at Lotus Addition. '1'he Schooll anti M:idson Feasibility study of April 8, 1976 sh(ms a proposed lot layout over this area. ellie cost projections for the individual lot owners were substantially of fecux] by includ:inq a total of 5 lots in ffie unplatted zone. I ululer:st,�ujd Uiat a Eil.j. lx,rnlit by uink tti was not acquired before precex--din(1. jk-)wczver, I see no circunLstance where the material will not bo desirable in the prolx�rties eventual development. I would ..ipproc:iaLe t:ht, council allowing the fill material to runain where it will lx' graded mould contoured to build the shoulders of the, roads and contribute to tlw eventual develotrlent.. In the event that the placed fill proved to be incon4)atible to 010 city in the eVMt.UZ11 suixiivid.ing of the area. I would accept tlx-- responsibility to have the t( iteri.al rEmuvod at my expense. very truly yours, BLDgMi EW- 00K`AN 11•,S I W . (%L rid �•t " •L Herbert l N. Bloomber le q ('kmr of the Iwnd ` HNB/l.w Owners Name Address f APPLICATION FOR EXCAVATING PERMIT 1s C�e Date - - 7e7 Permit No.. Fee: U Olt Excavator �4 :'''�r �' `' Telephone Address (! v ��G4+ C ;rt Ar.CL t"s 4?'k Subdivision Lot Site Address_— Description of work to be done: 1019fi r -- Indicate the use or occupancy for which the proposed work is ) intended: cubic yards Estimated quantity of excavation O o �, —_y_! irds_ Plot plan showing present elevations. Elevations after excavation is completed:✓ Elevations of neighboring property within 15 feet of excavation:-� Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners aff®ctedwhich by the proposed5feet grading of the property or which may be operations: v F h, BLOOMBERG COMPANIES INCORPORATED CHANHASSEN, MINNESOTA 55317 — (612) 474-5479 HERBERT N. BLOOMBERG President RICHARD S. BLOOMBERG Vice President -Treasurer ROBERT E. LEDDER Vice President NovembPx• 1, 1976 City of Chanhassen C/O Mr. Don Ashworth, Administrator P.-O. Box 147 Chanhassen, VV 55317 Subject: Latin fill deposited by Peter Lametti Construction Carpany from East Lotus Sanitary Sewer and Water Project. Gentlemen: The area in reference is the north side of Cheyenne and east of State Highway 101 on our lot "B" of Colonial Grove at Lotus Addition. The Schoell and Madson feasiblility study of April 8, 1976 shows a proposed lot layout over this area. The cost projections for the individual lot owners were substantially effected by including a total of 5 lots in the unplatted zone. I understand that a fill permit by Lametti was not acquired before preceeding. However, I see no circumstance where the material will not be desirable in the properties eventual development. I would appreciate the council allowing the fill material to remain where it will be graded and oontoured.to build the shoulders of the roads and contribute to the eventual development. very truly yours, BLOOMBERG ODMPANIES INC. Herbert N. Bloomberg Owner of the Land J ,{ HNB/lw J �1 �i't e �kC3�tj3urG.S }J. j I q(�� c�v hvvci'', • BEHLEN BUILDING SYSTEMS • FRONTIER LUMBER It HARDWARE • BLOOMBERG CONSTRUCTION • • CHANHASSEN DINNER THEATRE 0 CHANHASSEN FURNITURE GALLERIES • BLOOMBERG COMPANIES INCORPORATED CHANHASSEN, MINNESOTA 55317 — (612) 474-5479 HERBERT N. BLOOMBERG President RICHARD S. BLOOMBERG Vice President -Treasurer ROBERT E. LEDDER Vice President NovembPx• 1, 1976 City of Chanhassen C/O Mr. Don Ashworth, Administrator P.-O. Box 147 Chanhassen, VV 55317 Subject: Latin fill deposited by Peter Lametti Construction Carpany from East Lotus Sanitary Sewer and Water Project. Gentlemen: The area in reference is the north side of Cheyenne and east of State Highway 101 on our lot "B" of Colonial Grove at Lotus Addition. The Schoell and Madson feasiblility study of April 8, 1976 shows a proposed lot layout over this area. The cost projections for the individual lot owners were substantially effected by including a total of 5 lots in the unplatted zone. I understand that a fill permit by Lametti was not acquired before preceeding. However, I see no circumstance where the material will not be desirable in the properties eventual development. I would appreciate the council allowing the fill material to remain where it will be graded and oontoured.to build the shoulders of the roads and contribute to the eventual development. very truly yours, BLOOMBERG ODMPANIES INC. Herbert N. Bloomberg Owner of the Land J ,{ HNB/lw J �1 �i't e �kC3�tj3urG.S }J. j I q(�� c�v hvvci'', • BEHLEN BUILDING SYSTEMS • FRONTIER LUMBER It HARDWARE • BLOOMBERG CONSTRUCTION • • CHANHASSEN DINNER THEATRE 0 CHANHASSEN FURNITURE GALLERIES • MEMORANDUM TO: Mayor and City Council FROM: City Administrator, Don Ashworth DATE: August 16, 1976 SUBJECT: Waiver of Plat Requirements - Existing Platted Properties a. C. L. Whitehill, Colonial Grove b. Robert Staska, 2941 Washta Bay Road c. Administrative Authority - Resolution The City is in receipt of two requests for a waiver of the Zoning Ordinance regarding the subdivision of lands. The requests are from C. L. Whitehill in Colonial Grove and Robert Staska, 2941 Washta Bay Road. Both requests represent moving the lot line on lots previously recorded. Neither request creates a new lot or a potential new lot under the Zoning Ordinance. Additionally, both properties involved in both of the requests continue to meet all Zoning Ordinance requirements, i.e. front, side, and rear yard setbacks, minimum square footage, etc. A strict interpretation of Ordinance 33 would require both of these requests to meet all regulations and procedures for the platting of land, including filing fees, public hearings, numerous maps, tests, etc. Section 13.02 of this ordinance appears to allow the Council certain discretion in these requirements to differentiate the division of previously undivided parcels (and the numerous municipal concerns associated with such) and the moving of a lot line between two previously divided parcels, i.e. "In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this ordinance, the Village Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded." Staff would recommend approval o ion -waiving the subdivision requirements for the two applications as presented. Additionally, staff would recommend that the Council approve a resolution authorizing the staff to approve similar requests. All requests that in any way do not meet the present City Zoning Ordinances or were not previously recorded lots would continue under present policies. The primary purpose of the resolution would be to not create undue delays for citizens desiring to meet city requirements and which meet the intent and requirements of the city. Mayor and Council -2- August 16, 1976 A resolution allowing administrative authority to waive requirements of Ordinance #33 is recommended under the following conditions: 1. The subject property is a legal lot of record, as duly recorded as a platted lot or registered land survey. 2. The waiver will not cause a "substandard" parcel as outlined in the city's zoning ordinance. 3. The waiver will not create a new building lot as defined in the city's zoning ordinance. 4. The city planner will attest that the above conditions have been met. C I Aft Riley- Purgatory Creek Watershed Disti 8950 COUNTY RO EDEN PRAIRIE, MINNESOTA August 4, 1976 Mr. William Brezinsky Schoell & Madson 50 - 9th Avenue South Hopkins, riinnesota 55343 Re: East Lotus Lake Area Sanitary Sewer and Watermain Utility Improvement Dear Mr. Brezinsky: The Board of Managers of the Riley -Purgatory Creek Watershed District has reviewed the grading and land alteration permit application submitted for the above referenced project. The construction plans and specifications for this project are in general conformance with the policies of the District. The grading and land alteration permit for this project is, therefore, approved subject to the following conditions: 1. Purgatory Creek should be protected against the inflow of sediment at the point where the sewer and watermain cross over the creek along T.H. 101. 2. The District requests to.be kept informed regarding the status of project construction. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, P,&A-A" Allan Gebhard BARR ENGINEERING CO. Engineer for the District Approved by the Board of Managers RILEY-PURGATORY CREEK WATERSHED DISTRICT AG:ps cc: Mr. Conrad Fiskness Mr. Frederick Richards -- City of Chanhassen Date: WILLIAM D. SCHOEL'L CARLI3LE MAOSON JACK T. VOSLER JAMES R. ORR HAROLO E. DAHLIN LARRY L. HANSON FIAYMONO J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL PRANK V. LASKA SCHOELL R MAOSON, iNc. ENGINEERS ANO SURVEYORS 7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 5534 July 22, 1976 Board of Managers Riley -Purgatory Creek Watershed District c/o Mr. Alan Gebhard Barr Engineering Company 6800 France Avenue South Edina, Minnesota 55435 Subject: City of Chanhassen Sanitary Sewer and Water Project 75-1C East Lotus Lake Area Gentlemen: Enclosed are plans, specifications and Grading and Earthmoving Application for the subject project. -The topography of the area is similar to that encountered in the Carver Beach project, and we have assumed the same erosion and siltation.prev"ention requirements will be in force. Specifically: 1. To avoid construction on steep banks along the lakeshore, it will be necessary to excavate within 50 feet of the shore for approximately 3600 lineal feet. We are requiring construction of a straw bale and snow fence barrier in these areas. (Paragraph B-31 of Division B of the Specifications,) 2. If dewatering using sumps is necessary, water will be pumped into temporary settling basins. 3. Precautions against sewage lift station malfunction will be as in the Carver Beach Project, i.e.: a. Each station will be equipped with two pumps, each capable of pumping the peak lift station inflow. b. Each station will be equipped with a high level alarm that will activate if one pump malfunctions. c. The lift stations will be checked daily. d. The lift stations will be equipped with a plug for an emergency generator. Your early review of this project would.be appreciated since bids will be taken on August 10. We will be glad to meet with you on the job site at your convenience. very truly yours, SCHOELL & MA.DSON, INC. -9lication to: J39 P.A. # :'ranee Avenue South A, kiinnesota 55435 RILEY--PURGATORY CREEK WATERSHED DISTRICT GRADING AND EARTHMOVING PERMIT Application for permit, permit, notification of completion and certification of completion Name of Applicant ' CITY OF CHANHASSEN Address P, Q. Box 147, ChanhsIgsen,, Minnesota 55317 Telephone _41A-a Lat Nature of Work Installation of Sanitary sewer and watt-rma; r, Location of Work Chanha isen Minnesota East nfT,n us T ke-_ Municipality_____ C-t_t_y .QEf'J1_��1�-��11_— - - ----- - Projected Duration of Work Procedures To Be Used to Control Erosion and Sedimentation Straw bale and UnOW fence barriers for shore line r)rotectione siltati nn ihaai nc wAov-o A -- watering using sumps is required alone lake shore. If additional space is needed to provide the information requested above, attach the information to this application and in the space below briefly describe the attachments. _ SCHOELL & ON,;I 2,7b C. July 2�, 19� Date ApplicAntProj€sct En inee3r ------------------------------------------------------------------------------------- Permit application received by the Watershed District on the day of 19 All work shall becompleted by the day of 19_ The amount and nature of collateral required is This permit application is hereby (denied/approved) by the Board of Managers of the Watershed District this _ day of , 19_, subject to the condi- tions contained In the attached correspondence dated This permit is permissive only and does not release the permittee from any liabi- lity or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances.. President of Board of Managers ----------------------------------------------------------------------------------------- Notice of: completion of work authorized ; expiration of grading permit , is hereby given to the District on this day of _, 19^ Permittee Certification of the satisfactory completion of work authorized is hereby made on this day of _ 19_ Inspector VVIWAM D. SCHDELL CARLISLE MADSON JACK T. VOSLER JAMES R. DRR HAROLD E, DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. 13REZINSKY JACK E. GILL . FRANK V. LASKA BCHOELL & MADBON, rose. ENGINEERS AND SURVEYORS ltfiv► eati-7601 • 50 NINTH AVENUE SOUTH HOPKINS. MINNESOTA 653' October 16, 1975 City of Chanhassen c/o Mr. Jerry Schlenk, Acting Administrator P. O. Box 147 Chanhassen, NN 55317 Subject: Proposed Sanitary Sewers to Serve Colonial Grove Addition Gentlemen: A For your information, we attach a copy of part of the Chanhassen "Comprehensive Trunk 'Sewer Plan" as approved .by .the .old Metropolitan Sewer Board which shows the area of Colonial Grove and environs. According; to this plan, the area can best be served through the trunk sewer 'recently installed by Eden Prairie, as shown by the dividing lines. The divide is approximately 250' north of the south line of the Mathew Kiirvers property. The land to the south -cyan best be served -by. connecting it to a new lift station which Would be installed in the Char -Lynn property and would pump. through the new force main being in- stalled as a part of the Carver' Beach project. The exact dividing; line between these two zones is somewhat flexible; if a detailed study is made, it is possible that its location might be altered. Very truly yours, SCHOELL & KkDSON, INC. WJBrezinsky:sd 1 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: October 5, 1977 TO: Planning Commission, Staff and Herb Bloomberg FROM: Bruce Pankonin, City Planner SUBJ: Preliminary Plat, Colonial Grove 2nd Addition APPLICANT: Herbert Bloomberg PLANNING CASE: P-427 Attached hereto, for your review and consideration, are the following exhibits submitted in response to planting of Colonial Grove, 2nd Addition: 1. Community Location Graphic. 2. Proposed Preliminary Plat dated September 15, 1977. 3. Procedures for Consideration of Subdivision. 4. City Planner's Report dated October 5, 1977. 5. City Engineer's report dated October 12,. 1977 (to be delivered under separate cover). 21, L2—LSJ V ac :T14 STPC—%-r I 71� e. AJ li �0, 972:1 ......... .. .... . ... .. .. PRCFOSED LIFT S7AT.CA% K EXISTING LIFT �.ETA. TO SERA/SE 792 j'm*ioPkAI I E'S'. .-P —A FCR Ct— Z.A41M RY RY ell :Dc L-4 X rt 7.4� 100 lan, 4, r )-I! UFT STAT'CN S U P "UE—Y E N TA R Y Zovo—wr Purvi "COMPREHENSIVE SEWER PL 4 x a EE I< I e L, < CH.ANHASSEN, MINNESOTA -SCHOELL 4 14ADSOH� !NC, . CITY OF CHANH.,,..SSEN NIINNESOTA FEASIBILITY STUDY FOR SANITARY SEWER, AND WATER SERVICE TO EAST LOTUS LAKE AREA �4 'lei y.fM, • ZI 'j:j; LJ yv- X- 41. 'jA '-4 Vt 4. , tZl-: 4,11 ir V I eV i JP •� ti e • °skp t J'P .eyRy = goo' �� ® n I( oOO d U' 4 Q I�p ; , ,•'t'" L w Ali 40s GftoVE , w CJF 01 ICA , ij SERVICE AREA 80l N ARY ci 1 i plot IF M v�N M ►tlMvf M\ f i ID (;"jjISTUAS LAKE. ci) A • " f. oco) E3 R(WOSLo GolkofR Pump St,%IoDM NO Cl) f 4 Ot '41L .01 ol rl $4 400 400! 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ENGINEERS AND SURVEYORS 9 93B-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 October 16, 1975 City of Chanhassen c/o Mr. Jerry Schlenk, Acting Administrator P. O. Box 147 Chanhassen, MN 55317 Subject: Proposed Sanitary Sewers to Serve Colonial Grove Addition Gentlemen: For your information, we attach a copy of part of the Chanhassen "Comprehensive Trunk Sewer Plan" as approved by the old Metropolitan Sewer Board which shows.the area of Colonial Grove and environs. According to this plan, the area,can best be served through the trunk sewer recently installed by Eden Prairie, as shown by the dividing lines. The divide is approximately 250' north of the south line of the Mathew Kurvers property. The land to the south can best be served by connecting it to a new lift station which would be installed in the Char -Lynn property and would pump through the new force main being in- stalled as a part of the Carver Beach project. The exact dividing line between these two zones is somewhat flexible; if a detailed study is made, it is possible that its location might be altered. Very truly yours, SCHOELL & MADSON, INC. WJBrezinsky:sd rM, 0 56 "S ZT4 T tri Ix 41 \41 . . . . . . . . J or % .4 - epaor L 0 TI U, 3 PRIZ-FOSED OF T -3 7 1, TIM, A-s 1 < E CA X I S T I ING LIFT IV- t _j L-4 777 6, X lo; /T7t rail'. J, -!.92 It Y o SERV�-; 9 2 PRAIR6. S"--JR N EXCERPT FROM "COMPRE HENS !VE SEVER PLAN A AX -',q CHAINHASSEN, 'MINNESOTA aL C, !-1 1000' Oct. -16, 1975 L Clerk—Admixiatrator Brookx and the City Couiacil of Challhangen: Tht following homeowners of Colonial Grove are requesting that th- city provide water for our area. We would like co,a�'e.12 to begin pr�parxtjons for this improvement noon as Po ! - -- A. .