77-01 - Saratoga PUD pt 1�., e� —
CITOFF'
CHANHASSEN =
7610 LAREDO DRIVEOP.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
DATE: May 31, 1977
TO: Don Ashworth, City Manager
FROM: Bruce Pankonin, City Planner
SUBJ: Planned Unit Development Review for Proposed Saratoga Lane
Addition
PLANNING:CASE: P-333
APPLICANT: Hansen and Klingelhutz Construction Company
Petition
As shown in enclosure 1, the petitioners are proposing a planned
unit development consisting of 29 single family, six (6) duplex and
one outlot::
Back ,,round
1. Previous Council Actions: As shown in enclosure 2, the Chanhassen
City Council, on May 5, 1969, approved a total development plan for
the Hansen and Klingelhutz Western Hills Subdivision. Included in this
plan were townhouse areas (now existing Laredo Lane Addition), single
family areas, multiple family residential areas and an open space
system. Since 1969, Hansen and Klingelhutz has been building to
implement the heretofore approved plans. Parenthetically, the proposal
before the city council, at this time, is consistent with the plans
previously approved.
2. Community Location: As shown in enclosure 3, the subject property
contains approximately 20 acres and is.located directly north of
Chanhassen Elementary School.
3. Existing Zoning: The subject property is zoned P-1, Planned
Community Development. This zoning was given in response to the
previously approved planned unit development petition.
Mr. Don Ashworth'") n -2- n e) May 31, 1977
4. Comprehensive Plan Proposal: The subject property, as shown in
the existing Comprehensive Plan, is to assume a low density and
multi -family residential identity.
5. Local Access: Local access to the subject property will be
via local streets intersecting with existing Laredo Drive. Presently,
the City of Chanhassen maintains a 20 foot roadway serving the
Patrick and Bernard Kerber residences. Part of this petition for
subdivision is to vacate said 20 foot roadway from the western most
limit of the subject property to the Patrick Kerber property. As
shown in enclosure 4, the City Attorney has rendered an opinion
on the status of said 20 foot roadway and outlining the procedure
which will have to be followed to vacate said roadway.
6. Open Space: In addition to the previously dedicated 10+ acre
parcel of park land, the City Plan also shows a greenway system
connecting the subject property with Lake Ann. This greenway system
will be acquired by dedication when parcels to the west are developed.
Planner's Comments
1. The criteria for evaluating Saratoga Lane Planned Community
Development proposal is identified in Section 14 of City Ordinance
47. The purpose of the P-1 use district, among other things, is
to: "Provide the means for greater creativity and flexibility. .
provide for the establishment of regulations and procedures for
planned unit developments to meet the needs for moderate and low
cost housing. . . . without sacrificing quality, construction and
the City's. . . . tax base".
2. From a planning perspective, I feel the Saratoga Lane Addition,
as proposed, reflects sound planning principles and I recommend the
City Council find the proposed subdivision to be positively consistent
with the spirit and intent of the Chanhassen City Plan for land use
and transportation.
An issue which came up before the Planning Commission on Wednesday,
May 11, 1977, is the location of proposed Saratoga Lane. As you know,
Hansen and Klingelhutz received preliminary planned unit development
approval in 1969. At that time, the City Council accepted 10+ acres
of land for park purposes, a general road layout and general areas for
different types of dwelling units. The subject property, in 1969,
was proposed to be an area for townhouses, multiple family units and
single family homes. In addition, Hansen and Klingelhutz proposed
Saratoga Lane to intersect with Laredo Drive at the south edge of the
labeled "exception parcel". I suggested modifications to the original
concept and requested that Saratoga Drive be moved 200 to 300 feet
south of the original location. I suggested this modification for
the following reasons:
a. Saratoga Drive will function as a short cut to Excelsior
after the completion of future MSA 101, to the west. Because of
this potential, I felt the site distances in the original location
of the roadway will be inadequate and therefore suggested the move
to the south.
Mr. Don AshwortY_� � -3- May 31, 1977
b. The location in the original proposal could possibly require
the construction of retaining walls because of the significant cut
along the southern extent of the parcel labeled "exception".
C. The original lay out would create a street -jog with the
intersection of Laredo Drive, to the east, and the proposed Saratoga
Lane. The move to the south would alleviate the.cumbersome intersection.
3. Although not specifically planned for collector street status,
Laredo Drive does in fact function as a collector street penetrating
the Western Hills - Sunrise Hills neighborhoods and depositing
neighborhood traffic on arterial streets (West 78th Street and future
MSAS 101). The mobility function of Laredo Drive coupled with the
present Chanhassen Elementary School on the roadway causes this
planner to believe the City should institute a policy of providing
protective walking areas for pedestrians along collector streets.
As such, this planner suggests the city institute a policy requiring
developers to dedicate and construct sidewalks on one side of
collector streets during the development process. In areas where
it is fully developed, the city should look to capital improvements
and assessment policy to construct said walkways. In the case of
the Hansen and Klingelhutz development (fully developed with some
development potential) the City should require Hansen and Klingelhutz
to construct walkways on their portion of the roadway which abuts
Laredo Drive and assess sidewalks in the remainder of the neighborhood.
Comments from the General Public
As shown in enclosure 5, public hearing minutes dated May 11, 1977,
the only issue raised by the general public is the status of Saratoga
Lane.
Plannin•q 'Commission Recommendation
On May 11, 1977, Les Bridger moved the Planning Commission recommend
to the City Council that we have reviewed the materials presented
this evening on agreement with that Exhibit B presented at the Public
Hearing on May 11, 1977, seems to be agreeable to both the developer
and the land owner and we, as a Planning Commission, tend to go along
with their feelings and recommend that the City Council look favorably
on exhibit B subject to the resolution of the issue presented by
the alleged public road designated as Saratoga Drive. Motion seconded
by Jerry Neher. Motion unanimously approved. The reference made to
Exhibit B in the Planning Commission recommendation is enclosure 1
of this agenda packet item.
City Planner's Recommendation
I recommend the City Council act with favor on the proposed Saratoga
Lane as suggested by Hansen and Klingelhutz Development Corporation.
This approval should be conditioned upon Hansen and Klingelhutz,
along with fulfilling all other city requirements construct a sidewalk
along the side or rear lot line of proposed Lots 7 and 8, Block 1,
respectively, and the City Council vacate the existing 20 foot roadway
from the western edge of the Hansen and Klingelhutz property to Patrick
Kerber's property. Further, I recommend the City Council, if the
*'
Mr. Don Ashwortr'-, -4-
May 31, 1977
Countil acts favorably on the Hansen and Klingelhutz proposal, allow
the petitioner to start preliminary grading prior to the signing
of necessary hardshells and development contracts.
SUBDIVISION PLAN
CASE NO _ SUB. -
City of Chanhassen s _
Carver and Hennepin Counties, MinnesotA
APPLICATION FOR CONSIDERATION OF PLANNING REQUEST
Date of Application
Escrow Paid - d p Date
Received by Lt.r
Applicant - _ Name: �i� / .i6'tr 'L //a r 7- rX & M /0 s
Last First
Address: ;f )� �� %�/ fir- �1 /-� % /�� E CKoV-i�°� `v > X"A" �'✓a�k/�/ cS- 3 %
Number and Street City State_ Zip Cod
Owner: %9 Z) /�Aif-
Last Firstit� al
Address: 43 !4 P-1
Number and Street City State lip Cod
Address of property in question: -
Legal description of property in questio : �t-oe, f7
Present zoning of property: p /
Present use of property:
Proposed use of property:_
The following docu-nents if appropriate shall be attached to this
application:
Date Received - CiZitia=
1. Sketch Plan
2. Preliminary Plat
3 _ Escrow Account
SCAM"
PLANNING COMMISSl'(. RECUMMENDATION (Prelimir. :y Plat)
On this day of 19 this pre'limi.nary plz
was recommended for (approval) , (disapproval) subject -to the
following conditions:
Chairman of Planning Comnzssio.
Action by City - Preliminary Plat
On this day of 19 the Chanhassen City
Council, Carver and Hennepin Counties, Minnesota (appxoved), (aisapp,o-
this Preliminary Plat subject to the following conditions_
By order of the Chanhassen
City Council
Attest:
City Administrator
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SARArOGA L62 97 7
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Affidavit of Publication
Sate of Minnesota )
) ss.
County of Carver. )
-Stan Ro l fs_rli d , 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
_ i
knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format
(891i Official Publication)
and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
CITY OF CHANHASSEN
and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest
CARVER AND HENNEPIN
to the community which it purports to serve and does not wholly duplicate any other publication and is not made up
COUNTIES, MINNESOTA
1vOTICE OF PUBLIC HEARING FOR THE
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
t=EPLAT OF A PORTION OF SARATOGA FIRST
i DDITION FOR THE CONSTRUCTION AND
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local
SALE OF DUPLEX RESIDENTIAL STRUC-
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
TURES, THOMAS KLINGELHUTZ,
,CHANHASSEN NM4NiSOTA-
gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
NOTICE 13 HEREBY GIVEN That the Planning
newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at
Commission of the City of Chanhassen will meet on
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical
Wednesday, the 18th day of November,1981, at 8:00
Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the dayor dates
P g g y P
p.m. at the City Hall, 690 Coulter Drive,
Chanhassen, Minnesota for the purposes of holding
of publication mentioned below. 8 papa pg
P () Said newspaper has filed with the Secrets of State of Minnesota prior to Janus 1,
ry January
1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the
a public hearing to consider the replatting for pur-
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper.
poses of construction and sale of duplex residential
Legal # 8916
units on the following described tracts of land:
He further states on oath that the printed_-_-
Lo' . Block 1, Lot 3 Block 1, and Lot 1 Block 3 of
.ra First Addition.
.,Ti showing the subject proposal is available
— - hereto attached as a part
for irr section at City Hall.
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
g guag ,
Ali persons interested may appear and be heard
once each week, for 1_ successive weeks; that it was first so published on We d the 4th
-;ni•. time and place.
L*--". OF T[11: PLANNING COMMISSION
day of N o vemb e r 19- 81 and was thereafter rented and on eve Wednesday
every
P11
Bob Weibel, Plainer
Carver County Herald November 4, 1981)
published
P -- to and
including the 4th day of November _ 19_ 8�1d that the following is a printed copy of the lowercase 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:
abedefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this _ ✓ _ _ day of
Id
) CYNTHIA IC NON
SI NOTARY Pt If+L IC - A1INNESOTSUTA
A CA R V i C' O U N TY Notary public, County, Minnesota
r • h Commission Expires _ 19'
My Commis:ior• .es Uc,. 28. 19RP
NOV :I
CIT I; u,'- ';l
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA
COUNTY OF CARVER
Don Ashworth
ss.
)
, being first duly sworn, on oath deposes
and says that he is and was on October 28 , 19 81 , the duly
y 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 mxa for
the construction and sale of duplex residential structures 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 cKa day of 19 1/
Notary Public
KAH^ R1 J. Lr �GF_LHARDT
u„�.4_ NOTARY"t1OLIC - MINNESOTA
fir Cr " COUNTY
..% My COfilriil.._...i L••Pires Oct. 11, JN5
►MNWN•NN+I++��v� .vim YNNN..:w
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR THE REPLAT OF A PORTION OF SARATOGA
FIRST ADDITION FOR THE CONSTRUCTION AND SALE OF DUPLEX RESIDENTIAL
STRUCTURES, THOMAS KLINGELHUTZ, CHANHASSEN MINNESOTA.
NOTICE IS HEREBY GIVEN That the Planning Commission of the City
of Chanhassen will meet on Wednesday, the 18th day of November, 1981,
at 8:00 p.m. at the City Hall, 690 Coulter Drive, Chanhassen, Minnesota
for the purposes of holding a public hearing to consider the replatting
for purposes of construction and sale of duplex residential units on
the following described tracts of land:
Lot 2 Block 1, Lot 3 Block 1, and Lot 1 Block 3 of Saratoga First
Addition
A plan showing the subject proposal is available for inspection at
City Hall.
All persons interested may appear and be heard at said time and
place.
BY ORDER OF THE PLANNING COMMISSION
Bob Waibel, Planner
(Publish in the Carver County Herald on November 4, 1981.)
f
,Bernard Kerber
7500 Laredo
Chanhassen, MN 55317
�i
P.J. Kerber I
600 Saratoga
Chanhassen, MN 55317
I�
Hansen &
Klingelhutz Construct:;
600 Santa Vera Drive 11
Chanhassen, MN 55317 i
Thomas Bri.ckner
7494 Saratoga Drive
Chanhassen, MN 55317
Cecil Kubitz
7492 Saratoga Drive
Chanhassen, MN 55317
Gary Meister
7493 Saratoga Drive
Chanhassen, MN 55317
Peter McKay
7495 Saratoga Drive
Chanhassen, MN 55317
Wm. Meyer
7499 Saratoga Drive
Chanhassen, MN 55317
Robert Kill
7470 Saratoga Drive
Chanhassen, MN 55317
1
Elmer Aagard
7471 Saratoga Drive
Chanhassen, MN 55317
Robert Frolund
7473 Saratoga Drive
Chanhassen, MN- 55317
Mark Taintor
7481 Saratoga Drive
Chanhassen, MN 55317
David Barness
7489 Saratoga Drive
Chanhassen, MN 55317
Thomas Kelly
7491 Saratoga Drive
Chanhassen, MN 55317
Gregory Eidam
501 Laredo Lane
Chanhassen, MN 55317
Robert Proehl
502 Laredo.Lane
Chanhassen, MN 55317
Robert Weber
503 Laredo Lane
Chanhassen, MN 55317
Loren Trisco
Robert Navarro
615 Laredo Drive
7468 Saratoga Drive
Chanhassen, MN 55317 Chanhassen, MN 55317
Thomas Kottke
51.8 Laredo Drive
Chanhassen, MN 55317
i
11
Craig Anderson
519 Laredo Lane
Chanhassen, MN 55317
I
,i
i Peter Willenberg
11 520 Laredo Lane
i Chanhassen, MN 55317
fi
James Killian
521 Laredo Drive
Chanhassen, MN 55317
Thomas Klingelhutz
8551 Tigua Circle
Chanhassen, MN 55317
Mike Murphy Bernard Streimikes
7469'Saratoga Drive 517 Laredo Drive
Chanhassen, MN 55317 Chanhassen, MN 55317
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E. SKAAR
MARK C. McCULLOUGH
Bob Waibel
Land Use Coordinator
Box 147
Chanhassen MN 55317
Dear Bob:
LARSON SAC MERTZ
ATTORNEYS AT LAW
1900 FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
March 25, 1982
TELEPHONE
(612) 333 - 151 1
WE"
"
MAR291982
CITY Of CNr .friJJLI+
Re: Saratoga 1st Addition
On December 7, 1981, the City Council approved the subdivision of
three lots in Saratoga 1st Addition for townhouse purposes. As I
read the minutes the City Council approved the subdivision of the
three lots in question on a "lot split" basis, rather than on a
"replat" basis; subject only to approval by the City Attorney of
the resultant legal descriptions.
We have reviewed the legal descriptions contained on the three
certificates of survey, dated November 25, 1981, which are contained
in your planning file in this matter. We find those legal descrip-
tions to be acceptable for City purposes.
In additon, we have reviewed the proposed articles of incorporation
and bylaws of the Saratoga Homeowners' Association. We have also
reviewed the proposed restrictive covenants. All of the aforementioned
documents have application only to Lots 2 and 3, Block 1, and Lots 1,
Block 3, Saratoga 1st Addition. We find those documents to be
adequate for City purposes. They establish a legal mechanism for
maintaining the exterior of the proposed townhouses and a
mechanism for collecting maintenance costs from the occupants of
the proposed townhouses.
Since the Council's action of December 10, 1981, was final approval,
it is not necessary for your office to take any further action on
this matter. You may wish to submit the foregoing information to
the City Council as an administrative presentation. Mrs. Klingelhutz
advises me that the first two townhouse units have been sold and
those sales will be closed on April 20, and 21st, 1982, respectively.
The townhouse units will be deeded out using the approved metes
and bounds legal descriptions.
Very truly yours,
CRAIG M. MERTZ
Assistant Chanhassen City Attorney
CMM:ner
cc: Michael Young
Thomas Klingelhutz
CITY OF
CHANHASSER
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
STAFF REPORT
TO: Mayor and City Council
FROM: Bob Waibel, City Planner
DATE: December 1, 1981
SUBJ: Final Plan Amendment Request for Lots 2 and 3, Block 1 and
Lot 1, Block 3, Saratoga First Addition.
PLANNING CASE: 77-1 PRD
GENERAL INFORMATION
Applicant Thomas 0. Klingelhutz
8551 Tigua Circle
Box 101
Chanhassen, MN 55317
Status of Applicant Owner
�e
Requested Action Replat 3 duplex lots into 6 separate
lots. For construction and sale of
double -townhouses on individual lots
for each unit.
Existing Zoning P-1 (Planned Residential Development
District)
Lot Size Lot 1, Block 3 - 16,318 square feet
Lot 2, Block 1 - 12,503 square feet
Lot 3, Block 1 - 20,505 square feet
Location West of the intersection of Saratoga
Drive and Laredo Drive.
Existing Land Use Lot 2, Block 1 - Duplex; Lot 3, Block 1,
and Lot 1, Block 3 - Vacant
Adjacent Land Use North: Single Family Detached, Zoned
and Zoning P-1
South: Apartments, Zoned P-1
East: Single Family Detached, Zoned
P-1
West: Agricultural, Zoned R-lA
Staff Report - Klinlelhutz
November 9, 1981
Page 2
Proposed.1990 Land
Use Plan
Zoning History
Applicable Requlations
SPECIAL INFORMATION
Public Utilities
Physical Characteristics
This property and its environs is
designated for low density residential
use with the exception of the property
lying to the south, which is planned
for high density residential use.
The property received plan amendment
approval on June 6, 1977 at which time
approvals were given for the construction
of duplex units on Lots 1, 2 and 3
Block 1, an Lots and 2, Block 3
an v oc
Zoning Ordinance 47 requires that any
Final Development Plan Amendments,
including any rearrangement of Lots or
Blocks, shall be subject to Planning
Commission Public Hearing and City
Council consideration.
Gravity sanitary sewer service and
municipal water are installed in the
Saratoga Addition.
This property is suited for low -density
residential development as proposed
under this subdivision request.
Transportation Saratoga Drive is to function as a local
street.
ANALYSIS
As can be seen in the attached excerpt from the Saratoga lst and 2nd
Addition Development Contract, Section 17 subdivision E, "Lots land 2,
Block 3, Lot 5 of Block 2, and Lots 1, 2, and 3, Block 1, Saratoga 1st
Addition, may be improved by the erection of one two (2) residential
structure on each lot."
The request at this time is only for lots 2 and 3, Block 1 and Lot 1,
Block 3, since the remaining lots permitted to have double units are
not presently under the applicant's ownership. Since this replat is
within an area that has been recently platted and due to the fact that
there appears to be no engineering or planning constraints in placing
double units as permitted in the development contract, this item is
essentially an administrative action that would enable the applicant to
convey ownership of the underlying land to prospective owners of the
double units. This is identical to the situation that is applicable to
the double and quad properties found in the Minnewashta Creek 2nd Addition
and Chaparral 3rd and 4th Additions.
Staff Report - Kli, 1hutz
November 9, 1981
Page 3
(Analysis con't)
The applicant must furnish proposed private covenants to the City Attorney'
office for their approval that will guarantee harmonious treatment and
maintenance of the exteriors of the proposed structures.
In a request similar to this one, it was recommended by the staff that
the covenants additionally include an encrachment clause that will place
the responsibility of the location of the common wall upon the developer/
builder. This will provide that any encrachments on the property line
by the common wall after construction, will be subject to an easement
through the life of the structure and the common wall thusly will be
treated as the property line.
The applicant should be aware that the structures yet to be built will
be subject to sewer and water trunk charges when applying for building
permits.
The applicant should be advised that the ability to convey the under-
lying ownership of the land to prospective home buyers is subject to
the filing of a Final Plat at the County Recorders Office.
RECOMMENDATION
The Planning Staff recommends approval of this preliminary plat subject
to the following conditions:
1. Private convenants providing for consistent treatment and maintenance
of building exteriors and other site improvements and including a
common wall encroachment clause shall be submitted to/and approved
by the City Attorney prior to Final Plat approval.
1. Community Location Map
2. Plat of Saratoga 1st Addition
3. Excerpt from Development Contract,
4. Subdivision Plans (3 attachments)
5. Planning Commission minutes dated
PLANNING COMMISSION ACTION
dated November 18, 1977.
November 18, 1981.
The Planning Commission moved to recommend approval of the request
with the Staff condition that:
1. Private covenants providing for consistent treatment and maintenance
of building exteriors and other site improvements and including a
common wall encroachment clause shall be submitted to and approved
by the City Attorney prior to final plat approval. And
Staff -Report - Kling— !hutz.
December 2, 1981
Page 4
2. The Planning Commission requests that the City Council verify
the lot sizes.
(with regard to questions raised at the Planning Commission meeting
on the various lot sizes, I have verified with Larry Hanson, of
Schoell and Madson, that Lots 2 and 3 of Block 1 are accurate and
that Lot 1, Block 3 is 11,309 square feet as opposed to 16,318 square
feet as was indicated on the Planning Commission materials. Although
there is a differential in the lot size for Lot 1, Block 3, the
primary issue is that these lots were approved for double -bungalow
use as part of the planned development approvals of 1977.)
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ILINGEUIUTZ REPLAT REQUEST �•°F�' �\ �d I I + ,�
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SARATOGA 2i2B7 CIRCLE Attachment 2
SARATOGA 1ST & 2ND ADDITION
DEVELOPMENT CONTRACT
(EXCERPT)
d. The Developer shall provide each lot with one boule-
vard tree of a specie acceptable to the City Forester and
of a diameter of not less than 1-1/2".
e. Lots 1 and 2 of Block 3,•Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga 1st Addition, may be
improved by the erection of one two(2) family residential
structure on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet.
g. A variance is hereby granted under the Chanhassen Sub-
division Ordinance for the length and radius of each cul-de-
sac shown on the preliminary plat.
h. All proposed covenants and restrictions to be placed
upon the lots in said plat shall be approved by the City
Attorney. 1 '
18. Remedies Upon Default.
a. In the event the Developer shall default in the per-
formance of any of the covenants and agreements herein con-
tained, and such default shall not have cured within ten
(10) days after receipt by the Developer of written notice
thereof, the City, if it so elects, may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, including all reasonable
engineering, legal, and administrative expense incurred by
the City, to be recovered as a special assessment under M.S.
Chap. 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within after its adop-
tion. Developer further agrees that in the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City shall have a specific lien on
all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure
of mechanic's liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate surety
on their performance bond, or, utilize any cash deposit made
hereunder, to collect, pay or -reimburse the City for the cost
of making any of said improvements. In the event of an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
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Planning Commissic Minutes
November 18, 1981
Page 3
Replat Request for Lots 2 and 3, Block 1, and Lot 1, Block 3,
Saratoga lst Addition, Thomas Klingelhutz, Public Hearing:
Present: Tom Klingelhutz, 8551 Tigua Circle
Patrick Kerber, 600 Saratoga
Ramona Kerber, 600 Saratoga
Roxanne McKav, 7495 Saratoga Drive
Peter McKay, 7495 Saratoga Drive
Jane Kubitz, 7492 Saratoga Drrve
Cecil Kubitz, 7492 Saratoga Drive
Delores Murphy, 7469 Saratoga Drive
Mike Murphy, 7469 Saratoga Drive
Louise Barsness, 7489 Saratoga Drive
David Barsness; 7489 Saratoga Drive
Gary Meister, 7493 Saratoga Drive
Charlene & John Daniel, 7478 Saratoga Drive
Partridge called the public hearing to order.
Waibel gave his planning report to the Planning Commission.
The applicant is now asking that he may plat the lints down
the middle so that he may sell his ownership units. Staff
recommends approval with conditions.
Mrs. Patrick Kerber indicated that the sketch plans indicate
that the lots are smaller than the applicant has indicated.
She also stated that these lots will be too small to place
a duplex on them.
Waibel stated that in 1977 these lots were found to be acceptable
as part of the PUD. These lots were found to be fit for use
as double bungalow purposes.
Dave Barsness asked if all the applicant wants to do is divide
the lots in half and selling the lots rather than the duplex
and having half of the lot a renter rather than a home -owner.
Is it possible to get the property rezoned for single family
homes rather than duplexes? Waibel indicated that the owner
or the lots would have to request the action.
W. Thompson made a motion seconded by L. Conrad to close the
public hearing. All voted in favor and the motion carried.
A motion was made by Conrad and seconded by J. Thompson to
recommend approval to the City Council for approval of the pre-
liminary plan with the following condition from the staff:
1. Private convenants providing for consistent treatment and
maintenance of building exteriors and other site improvements
and including a common wall encroachment clause shall be
submitted to/and approved by the City Attorney prior to
Final Plat approval.
2. Planning Commission requests that the City Council verify
the lot sizes.
Planning Commissio. Minutes
November 18, 1981
Page 4
Partridge, Watson, J. Thompson, Conrad, Noziska, W. Thompson
voted in favor, M. Thompson - nay, The motion was carried.
The Planning Commission expressed their concern regarding the
discrepancys in lot sizes.
Northwest Lotus Lake Transportation Concept and Rezoning Petition
Presentation, Pleasant View Road Association:
Present: Frank Beddor
Kathy Schwartz
Mike Maxwell
W. Thompson indicated that there seems to be a bottle -neck
in the Derrick property. The Planning Commission cannot
assume that that request will be approved. If the Derrick
property is not approved than this will be a different
subject.
Frank Beddor indicated that this is not to force development.
Beddor indicated that Mr. Gwen and Trondle were both`at
the Homeowners meetings and agree with the map as proposed.
Partridge suggested that Nez Perce be extended through
Trondles property all the way to Pleasant View Road, that
could be done now in 1981.
Waibel indicated that the City Council acted upon the Quady
property at their last meeting. It was passed that the Quady
property leave a road access to the north. The City Council
left the decision regarding placement of the road to the
City Attorney. The City Attorney will draft an agreement
signed by Owens and Trondle stating that they agree with
the placement.
Partridge indicated that the Planning Commission will not
act upon this request until they hear from Derrick and see
what he is planning on doing.
Beddor indicated that he has spoken with Mrs. Bennett and
she likes the road as proposed.
M. Thompson indicated that he feels this is a very good concept
and would recommend that they pursue it. Partridge stated that
they should wait to hear from Derrick, and after that point
the Planning Commission will look at it. M. Thompson asked
that Beddor give the information for the road concept to the
staff to have on file.
Beddor indicated that he has a petition signed by all of the
Homeowners on Pleasant View Road that was circulated in 1979.
Since that time there have been some new owner and all of them
have signed it. Because of the snow, they are not prepared to
submit it to the Planning Commission yet.
7-1
CITY OF 'PQD
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
December 8, 1981
Mr. Thomas Klingelhutz
8551 Tigua Circle
Chanhassen, MN 55317
Dear Tom:
As you know, the City Council acted to approve the replat request
for Lots 2 and 3, Block 1 and Lot 1, Block 3, of tie Saratoga
lst Addition. Russ Larson has indicated to me that all that
needs to be done before the replat can be recorded is that he
review and approve the non -encroachment agreement before it is
recorded and also that, if a lot split is contemplated, that
he also review the language describing said lot splits.
If you have any questions or comments, please do not hesitate
to call me.
Sincerely,
Bob Waibel
City Planner
BW:bf
cc: Scott A. Martin, Community Development Director
Bill Monk, City Engineer
Russell Larson, City Attorney
Council Meeting Deceml—) 7, 1981 _3- Pon
Councilman Geving moved to approve the 151� foot Shoreland Management setback
variance for construction of a deck as shown on sheet 1 of 'the Fowler -Hanley, Inc.
rendering dated September 18, 1981, with the Planning Commission and Board of Adjustments
and Appeals recommendations that. the deck is not to be extendedffurther than eight feet
from the rear of the existing residence and that it is to be used for the purposes
none other than the deck and not. to at any time in the future be enclosed as a part of
the existing residence. Staff is directed to send to those people who responded to
this variance a letter of the approval. Motion seconded'by Councilman Neveaux. The
following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. Councilwoman
Swenson and Councilman Neveaux voted.no. Motion failed. 4/5 vote required.
SUBDIVISION VARIANCE REQUEST, 6951 HAZELTINE BLVD. �-V. C. Wirtz was present seeking
approval to subdivide a tract of land into two lots. Municipal sewer is not available
to the property. The Planning Commission recommended denial of the request.
Councilman Geving moved to deny the subdivision variance request for the reasons stated
by the Planning Commission and as shown in the letter from the City Planner to the
City Council dated December 2, 1981. Motion seconded by Councilman Neveaux. The
following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux,
Geving, and Horn. No negative votes. Motion carried.
PRELIMINARY PLAT REVIEW, 9041 LAKE RILEY BLVD. AND LOTS 1, 2, AND 3, SHORE ACRES:
Rick Sathre, Robert and Tom Rogers were present. Mr. Robert Rogers is requesting
approval to replat Lots 1, 2, and 3, Shore Acres and the property adjacent to the
north into three residential lots. Two sewer units have been assessed. The Planning
Commission recommended denial based on inadequate lot size and that only a maximum
of two lots be permitted.
Councilwoman Swenson moved to approve variances to Ordinances 33, 47, and 65 and
approve the preliminary plat request of Mr. Robert Rogers for Lots 1, 2, and 3, Shore
Acres and the parcel to the north with the condition that if an additional sewer stub
is necessary it will be installed at the owners expense. Mr. Rogers will resolve the
issue of the location of the gas line with the gas company. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman
Swenson, Councilmen Neveaux and Geving. Councilman Horn voted no. Motion carried.
FINAL PLAN AMENDMENT REQUEST, LOTS 2 AND 3, BLOCK 1, AND LOT 1, BLOCK 3, SARATOGA
FIRST ADDITION: Tom Klingelhutz was present requesting approval to replat three duplex
lots into six lots for construction and sale of double -townhouses on individual lots.
The Planning Commission recommended approval based on the condition that private
covenants providing for a common wall agreement be furnished to the City Attorney for
approval. The City Planner explained that the developer wanted to accomplish the
replatting via a lot split as opposed to a replat and a condition to that would be
that the lot split description be approved by the City Attorney. Council members did
not disagree with the request.
Councilman Horn moved to'approve the replat as requested. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen
Geving, Neveaux, and Horn. No negative votes. Motion carried.
SUNDAY INTOXICATING LIQUOR SALES, ORDINANCE AMENDMENT: Bill McRostie of Bloomberg
Companies was present. Councilman Horn moved to adopt proposed Ordinance 2-G changing
the time for Sunday Sales from 12 noon to 10:00 a.m. and waive placing the proposed
ordinance on first reading. Motion seconded by Mayor Hamilton. The following voted
in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn.
No negative votes. Motion carried.
CONSENT AGENDA: Councilman Horn moved to approve the consent agenda pursuant to the
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
STAFF REPORT
TO: Planning Commission
FROM: Bob Waibel, City Planner
DATE: November 9, 1981
SUBJ: Final Plan Amendment Request for Lots 2 and 3, Block 1 and
Lot 1, Block 3, Saratoga First Addition.
PLANNING CASE: 77-1 PRD
GENERAL INFORMATION
Applicant Thomas 0. Klingelhutz
8551 Tigua Circle
Box 101
Chanhassen, MN 55317
Status of Applicant Owner
Requested Action Replat 3 duplex lots into 6 separate
lots. For construction and sale of
double -townhouses on individual lots
for each unit.
Existing Zoning P-1 (Planned Residential Development
District)
Lot Size Lot 1, Block 3 - 16,318 square feet
Lot 2, Block 1 - 12,503 square feet
Lot 3, Block 1 - 20,505 square feet
Location West of the intersection of Saratoga
Drive and Laredo Drive.
Existing Land Use Lot 2, Block 1 - Duplex; Lot 3, Block 1,
and Lot 1, Block 3 - Vacant
Adjacent Land Use North: Single Family Detached, Zoned
and Zoning P-1
South: Apartments, Zoned P-1
East: Single Family Detached, Zoned
P-1
West: Agricultural, Zoned R-lA
Staff Report - Klingelhutz
November 9, 1981
Page 2
Proposed 1990 Land
Use Plan
Zoning History
Applicable Requlations
SPECIAL INFORMATION
Public Utilities
Physical Characteristics
This property and its environs is
designated for low density residential
use with the exception of the property
lying to the south, which is planned
for high density residential use.
The property received plan amendment
approval on. June 6, 1977 at which time
approvals were given for the construction
of duplex units on Lots 1, 2, and 3,
Block 1, and Lots 1 and 2, Block 3
and Lot 5, Block 2.
Zoning Ordinance 47 requires that any
Final Development Plan Amendments,
including any rearrangement of Lots or
Blocks, shall be subject to Planning
Commission Public Hearing and City
Council consideration.
Gravity sanitary sewer service and
municipal water are installed in the
Saratoga Addition.
This property is suited for low -density
residential development as proposed
under this subdivision request.
Transportation Saratoga Drive is to function as a local
street.
ANALYSIS
As can be seen in the attached excerpt from the Saratoga lst and 2nd
Addition Development Contract, Section 17 subdivision E, "Lots 1 and 2,
Block 3, Lot 5 of Block 2, and Lots 1, 2, and 3, Block 1, Saratoga 1st
Addition, may be improved by the erection of one two (2) residential
structure on each lot."
The request at this time is only for lots 2 and 3, Block 1 and Lot 1,
Block 3, since the remaining lots permitted to have double units are
not presently under the applicant's ownership. Since this replat is
within an area that has been recently platted and due to the fact that
there appears to be no engineering or planning constraints in placing
double units as permitted in the development contract, this item is
essentially an administrative action that would enable the applicant to
convey ownership of the underlying land to prospective owners of the
double units. This is identical to the situation that is applicable to
the double and quad properties found in the Minnewashta Creek 2nd Addition
and Chaparral 3rd and 4th Additions.
Staff Report - Roge_
November 9, 1981
Page 3
(Analysis con`t)
The applicant must furnish proposed private covenants to the City Attorney
office for their approval that will guarantee harmonious treatment and
maintenance of the exteriors of the proposed structures.
In a request similar to this one, it was recommended by the staff that
the covenants additionally include an encrachment clause that will place
the responsibility of the location of the common wall upon the developer/
builder. This will provide that any encrachments on the property line
by the common wall after construction, will be subject to an easement
through the life of the structure and the common wall thusly will be
treated as the property line.
The applicant should be aware that the structures yet to be built will
be subject to sewer and water trunk charges when applying for building
permits.
The applicant should be advised that the ability to convey the under-
lying ownership of the land to prospective home buyers is subject to
the filing of a Final Plat at the County Recorders Office.
RECOMMENDATION
The Planning Staff recommends approval of this preliminary plat subject
to the following conditions:
1. Private convenants providing for consistent treatment and maintenance
of building exteriors and other site improvements and including a
common wall encroachment clause shall be submitted to/and approved
by the City Attorney prior to Final Plat approval.
01i0 :4 WWA14 M I &W,161 WNa
1. Community Location Map
2. Plat of Saratoga lst Addition
3. Excerpt from Development Contract, dated November 18, 1977.
4. Subdivision Plans (3 attachments)
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Attachment 2
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SAf2ATOC,A 1ST & 2ND P.,DDITION
DEVELOPMENT CONTRACT
(EXCERPT)
d. The Developer shall provide each lot with one boule-
vard tree of a specie acceptable to the City Forester and
of a diameter of not less than 1-1/2".
Y
e. Lots 1 and 2 of Block 3,;Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga 1st Addition, may be
improved by the erection of orie two(2) family residential
structure on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet.
g. A variance is hereby granted under the Chanhassen Sub-
division Ordinance for the length and radius of each cul-de-
sac shown on the preliminary plat.
h. All proposed covenants and restrictions to be placed
upon the lots in said plat shall be approved by the City
Attorney. '
Remedies Upon Default. .j
E
a. In the event the Developer shall default in the per-
formance of any of the covenants and agreements herein con-
tained, and such default shall not have cured within ten
(10) days after receipt by the Developer of written notice
thereof, the City, if it so elects, may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, including all reasonable
engineering, legal, and administrative expense incurred by
the City, to be recovered as 4, special assessment under M.S.
Chap. 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within after its adop-
tion. Developer further agrees that in the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City. shall have a specific lien on
all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure
of mechanic's liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate surety
on their performance bond, or'utilize any cash deposit made
hereunder, to collect, pay or�reimburse the City for the cost
of making any of said improvements. In the event of an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
Rev. 7/18/77
RHL
CITY OF CHANHASSEN
PLANNED RESIDENTIAL.DEVELOPMENT DISTRICT CONTRACT
SARATOGA 1ST & 2ND ADDITION
THIS AGREEMENT, Made and entered into this _/_ day of
1977, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, hereinafter referred to as the City,
and HANSEN & KLINGELHUTZ CONSTRUCTION, INC., a Minnesota corporation,
hereinafter referred to as the Developer;
WITNESSETH;
WHEREAS, the Developer is the fee owner of certain 'Lands
described as Part of the East 1/2 of the Southwest Quarter of the
Northwest Quarter and the East 1/2 of the Northwest Quarter crf the
Southwest Quarter of Section 12, Township 116 North, Range 23 West,
and situated in the City of Chanhassen; and
WHEREAS, The Developer has made application under the Ci+°
.Zoning Ordinance to the City Council for the approval of P-7 Planned
Residential Development Plan, including a preliminary plat :Iier.eof of
said lands, said plat to contain twenty (20) acres more or less,
divided into twenty-nine (29) single family and six (6) two family
residential lots and two outlots and to be known as Saratoga 1st and
2nd Additions, a copy of said proposed plat as prepared by ,04el /���
_ dated S�c,,►T G 1977, being attached
hereto as Exhibit "A", hereinafter referred to as "plat"; and
WHEREAS, The City Council has, by its resolution, passed
,97;) , approved said plan and preliminary plat, subject
to and on condition that the Developer enter into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, boulevard sodding, gutters,
driveways, storm and surface water drainage facilities, street signs and
lighting, municipal water and sanitary sewer tacxiz.t.ies and underground
electric and telephone service lines to all lots in plats approved by the
City, all of the foregoing hereinafter sometimes referred to as
"improvements"; and
WHEREAS, the Developer has made application to the City to
be allowed at Developer's expense to construct., install and perform all
work and furnish all materials in connection with the installation of
the following improvements:
a. Street grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. San-itary sewer mains,
d. Wat(:r mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding,
$CANNED
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting.,
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the preliminary development plan and
plat of Saratoga lst & 2nd Addition, the City and the Developer agree
as follows:
1. Improvements by Developer. Developer 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 grading, stabilizing, and bituminous surfacing,
b.
Surmountable concrete curbs and gutters,
C.
Sanitary sewer mains,
d.
Water mains,
e.
Storm and surface water drainage,
f.
Street signs,
q.
Boulevard sodding or seeding,
h.
Driveway surfacing,
i.
Underground utility lines, and
j.
Street lighting.
2. Warranty and Guarantee. The warranties and guarantees set
forth in Article 25 of Spec fii cations for Saratoga lst and 2nd
Additions prepared by Schoell & Madson, Inc. and dated June 24, 1977,
are incorporated herein by reference and shall be applicable to all of
the above described improvements to be constructed and installed by or
at the direction of the Developer, and all of said warranties and
guarantees shall inure to the benefit of the City.
3. Schedule of Work. The Developer further agrees that it shall
commence work hereunder on or before S,E,o7,a'.�er< ,� �_, 1977, and shall
have all work done and improvements fully completed to the satisfaction
and approval of the City on or before ,T�sc / , 19) S The
Developer shall submit a written schedule indicating the proposed pro-
gress 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 Developer of the existence of causes over which
the Developer has no control which will delay the completion of the
work, the City, in its discretion, may.extend the date hereinbefore
pecified for completion.
4. Streets. Sanitary Sewer, Water, and Storm Sewer Facilities.
a. Those certain Plans and Specifications for the construc-
tion and installation of Sanitary Sewer, Watermain, Storm
Sewer, Streets, and Concrete Curb and Gutter within Saratoga
lst and 2nd Additions and prepared by Schoell & Madson, Inc.
dated June 24, 1977, are hereby approved.
- 2 -
b. Upon completion of construction, Developer shall cause
its engineers to prepare and file with the City an "as
built" plan showing the installation of the foregoing
improvements within the plat.
c. The final plat of Saratoga lst and 2nd Additions shall
include a dedication to the public of all easements necessary
to the installation of the streets, sanitary sewer, storm
sewer, and watermains as shown on the plans referred to in
Paragraph 4(a) above, and other utility easements as required
by this development contract and the Subdivision Ordinance
of the City.
5. Reimbursement of Costs. The Developer shall :reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses, incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developer.
6. Disclaimer by City. It is'understood and agreed that the
City, the City Council, and the agents and employees of the City shall
not be personally liable or responsible in any manner to the Developer,
the Developer's contractors or subcontractors, materialmen, laborers,
or to any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this agreement
or the performance and completion of the work, and improvements here-
under; and that the Developer will save the City, the City Council, and
the agents and employees of the City harmless from any and all claims,
damages, demands, actions or causes -of action arising therefrom and
the costs, disbursements and expenses of defending the same.
7. written Change Orders. The Developer shall do no work nor
furnish materials 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
Developer without such written order first being given shall be at its
own risk, cost and expense, and Developer hereby agrees that without
r.4 ten order, Developer will make no claim for compensation for
work or materials so done or furnished.
8. Performance Bond. For the purpose of assuring to the City
that the improvements to be by the Developer constructed, installed
and furnished as set forth in Paragraph 1 hereof shall be constructed,
installed and furnished according to the terms of this agreement, and
that the Developer shall pay all claims for work done and materials
and supplies furnished for the performance of this agreement, Developer
agrees to furnish to the City a cash deposit in the amount of $ Ll3, 982.00,
or in lieu thereof, a corporate surety bond in said amount approved by
the City and naming the City as obligee thereunder, being conditioned
upon the performance by the Developer of its obligations hereunder,
said sum being equal to 110% of the total cost of such improvements
as estimated by Schoell & Madson, Tnc., the City Engineers.
-3-
aR
Rev. 8/77 RHL
9. Boulevards and Drivew�Ys.. The Developer agrees to furnish,
construct and install, at Developer's sole expense, the following
improvements for the benefit of each lot within the plat:
a. Boulevard sod or seeding, either of which shall be of
uniformly good quality;
b. Driveway surfacing within the public street right of
way, the materials and installation of which shall be
approved bythe City engineers.
For the purpose of assuring to the City that the improvements required
by this Paragraph 9 shall be constructed and installed according to.the
requirements of this agreement, Developer or its assigns agree to deposit
the sum of $ /P. oe per lot with the City at the time application
is made for a building permit for each lot, Said deposit shall be
returned to the Developer or its assigns upon approval of the installa-
tion by the City.
10. Erosion Control. Developer, at its expense, shall provide
temporary dams, eart work, or such other devices and practices, inclu-.
ding 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. Developer
shall keep all streets within the plat free of all dirt and debris
resulting from construction therein by the Developer or its agents.
11. Access. Reasonable access, including temporary grading and
gravelling, 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
for street lighting purposes shall be assumed by the City months
after completion of installation of the street lighting system, or
after % of the building lots have been approved bythe construction
of resi'Jences thereon, whichever is first to occur.
13. Replacement. All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the City, shall
be replaced by Developer at Developer's sole expense.
14. Liability Insurance.. The Developer shall take out and main-
tain during the life of this.agreement, public liability and property
damage insurance covering personal injury, including death, and claims
for property damage which may arise out of the Developer'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 Developer shall_
file a copy of the insurance.coverage with the City.
15. Water and Sewer Revenues..All water and sanitary sewer service
charges shall at all times be billed by the City and all revenues
derived therefrom shall be the sole property of the City.
_^_
;_ . 1° '"1
M
16. Building Permits. The Developer covenants and agrees that
no occupancy certificates or building permits shall be requested and
the City shall not be required to issue any such permits in the said
plat until the Developer has completed the installation of the im- ✓
provements set forth herein (except the final street wearing course)
to the City specifications, and that issuance of any such permit or
permits to the Developer prior to the acceptance of said improvements
shall not constitute a waiver by the City of its rights hereunder to
require completion of said improvements before issuance of additional
occupancy permits.
17. Special Conditions.
a. Landscaping and location of structure oi, illaividudi
lots shall be determined.through discussions between City
staff and Developer or their assigns prior to issuance of
building permits, subject to the following standards and
conditions:
i. Landscaping and location of structures shall take
into consideration the preservation of trees, slope
protection, subsurface drainage, prevention of silta-
tion and similar potential problems..
ii. In the event agreement cannot be reached between the
City staff and Developer, the City shall have the right,
at the expense of the Developer, to engage the services
of the City Engineer, Planner, a landscape architect,
a soil conservation Planner, a soil conservation
consultant, and others, to advise as to specific
problems.
iii The certificate of occupancy for each homesite, or
covenants and restrictions, may contain conditions for
tree maintenance, and restrictions on tree removal after
consultations with the City Forester.
iv. Br•j'_evards and all front yards shall be sodded or seeded,
and driveway surfacing installed within the public Lees
right of way, upon completion of construction of the
principal structure upon each lot.
V. The location of the principal structure upon the lots
within the plat shall make allowance, as the case may be,
for the construction of an attached or detached double
garage.
b. Developers acknowledge receipt of the reports of the
City Engineer and Planner, which are incorporated herein by
reference and made a part hereof, and agree to comply with
the conditions of said reports consistent with the provisions
of the within contract.
C. Np,,,6rivate driveways shall exist on Laredo Drive.
d. The Developer shall provide each lot with one boule-
vard tree of a specie acceptable to the City Forester and
of a diameter of not less than 1-1/2".
e. Lots 1 and 2 of Block 3, Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga lst Addition, may be
improved by the erection of one two(2) family residential
structure on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet.
g. A variance is hereby granted under the Chanhassen Sub-
division Ordinance for the length and radius of each cul-de-
sac shown on the preliminary plat.
h. All proposed covenants and restrictions to be placed
upon the lots in said plat shall be approved by the City
Attorney.
18. Remedies Upon Default.
a. In the event the Developer shall default in the per-
formance of any of the covenants and agreements herein con-
tained, and such default shall not have cured within ten
(10) days after receipt by the Developer of written notice
thereof, the City, if it so elects, may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, including all reasonable
engineering, legal, and administrative expense incurred by
the City, to be recovered as a special assessment under M.S.
Chap. 429, in which case the Developer agrees to pay the .
entire amount of the assessment roll pertaining to any such
improvement within after its adop-
tion. Developer further agrees that in -the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City. shall have a specific lien on
all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure
of mechanic's liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate surety
on their performance bond, or utilize any cash deposit made
hereunder, to collect, pay or reimburse the City for the cost
of making any of said improvements. In the event of an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
1
19. Address of Developers. The address of the Developer for
purposes of th sevelopment contract is 516 Del Rio Drive, Chan-
hassen, Minnesota, 55317.
20. 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 successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
HANSEN KLINGELHUTZ CONSTRUCTION, INC.
B y u „ C._4L e. _
is AWL~
And
Its 4z1
CITY OF CHA HASSEN if
By L &
Its
Mayor
Attest:
City Manager
STATE OF MINNESOTA
ss.
COUNTY OF CARVER
4 ;sy
On this / & day of 1977, before me, a
notary public -withi n and for said county, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, did say that they are respectively the Mayor and
City Manager of the corporation named in the foregoing instrument.,
and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
„l GAF �ar>x, ,ra���.:,a,a�aaae►
NOTARY PUBLIC - MMNESOTA
CARVER COUNTY
My Commission Expires Jan. 30, 198i �
-7-
STATE OF MINNESOTA i
S s .
COUNTY OF CARVER
ur:. this day of _ , 1977, before me, ,3
notary public within and for said county, personally appeared
Douglas B. Hansen and Thomas O. Klingelnutz, to me personally
known, who, beira each by me duly sworn, did say that they are
respectively the President and the Secretary -Treasurer of the
corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corpora-
tion, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said
Douglas B. Hansen and Thomas O. Klingelhutz acknowledged said
instrument to be the free act and deed of said corporation.
x AA.-v\nAA«AJV%A/V\AAAMM y
KATHLEEN A. HARTKOPF
°U 'r "'NINESOTA
CARVER COUNTY
My Commission Expires Aug. 9, 1984.
s< vvvwvvvv:�vvvvwx
vW,
CITY OF
CHANHASSER
7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: August 11, 1977
TO: Don Ashworth, City Manager
FROM: Bruce Pankonin, City Planner
SUBJ: H.& K Saratoga Lane Development Contract
I have not obtained the necessary signatures for the Saratoga Lane
first and second addition from Hansen and Klingelhutz Development
Corporation because Russ Larson is updating the contract to include
boulevard sod on all platted lots. .When Russ completes this addition
to the contract, I will submit it for appropriate signatures.
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P 0. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
August 11, 1977
Russ Larson
1900 First Nat'l. Bank Bldg.
Minneapolis, Mn. 55402
Re: Saratoga Lane First & Second Addition
Dear Russ:
Attached please find the most recent copy of the
Saratoga Lane Development Contract. Since Hansen
and Klingelhutz Construction Company no longer install
sod in the front yard as part of their initial
construction, I suggest the contract be amended to
include a $150.00 escrow deposit to be placed with
the City Building Inspector at the time of building
permit application to guarantee construction of
boulevard sod.
If you have any questions, please feel free to contact
me at 474-8885.
Re ards,
Bruce Pankonin
City Planner
BP:no
Enc.
UI U•►A - a
CITY OF �s;
CHANHA$rUX,
7610 LAREDO DRIVE9P.O BOX 147*CHAN1-�,afS9WOMINN ESOTA 55317
(612) 474-8885
COuon, il
Action by Council;
Planner :✓ `�"""
Bnii;�irg
fndorsed__—
Attornq
I!9edified__�L�
Eri,^,cer
Rejecied — -
cztc._.,7/-/Z
TO: Mayor and City Council IL
Ww
FROM: City Manager, Don Ashworth
DATE: July 18, 1977
SUBJ: Saratoga Lane lst and 2nd Addition, Development tract
.�y
The city council had previously approved the preliminary plat: -.for
Saratoga Lane lst and 2nd Addition. Attached please find a copy of /ate
the specific development contract specifying obligations of the developer
as a part of the city council's approval of the preliminary plat.
The city council has previously received a 34 x 36 copy of the
preliminary plat of Saratoga Lane. Please refer to such in reviewing
the development contract. A copy of the preliminary plat will be
available for review at the meeting.
It is recommended that the development contract be accepted as
drafted by the city attorney.
CITY OF �
7610 LAREDO DRIVEOP.O. BOX 1470CHANF 19WOMINNESOTA 65317
(612) 474-8885 CuanCl_. -_M"
Action by Council; {'ijclrer
MEMORANDUM
TO: Mayor and City Council
B:
Enciursed �httom;;y� �� T:�
Mo di
Rjeci�d._
FROM: City Manager, Don Ashworth
DATE: July 18, 1977
:r .z— A.S-P4-% t s C, // re v:s
SUBJ: Saratoga Lane 1st and 2nd Addition, Development Contract
w�S.a5
The citycouncil had previously a prelimina �S plat' -.for
p y ppr d the preliminary plat .for
Saratoga Lane lst and 2nd Addition. At acheA_ please find a copy o
the specific development contract specifying obligations o e developer
as a part of the city council's approval of the preliminary plat.
The city council has previously received a 34 x 36 copy of the
preliminary plat of Saratoga Lane. Please refer to such in reviewing
the development contract. A copy of the preliminary plat will be
available for review at the meeting.
It is recommended that the development contract be accepted as
drafted by the city attorney.
Mr. Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, Minnesota 55317
July 19, 1977
Res H & K Development Contract
Saratoga Lane Additions
D a
Attached is the revised development contract for the above project.
The revisions are those ordered by the Council at its July 18, 1977
meeting.
You may now arrange to complete the contract by inserting the
appropriate information in the blank spaces provided, and then
have it executed by the parties. The necessary performance bonds
should be delivered to the City at the time the Contract is signed.
Very truly yours,
RUS SELL H . LARSON
Chanhassen City Attorney
RIIL : mep
Encl.
CC,. Bruce Pankonin, City Planner
RIIs6ELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
RUSSELL H LARSON
CRAIG M. MERTZ
Mr. Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, Minnesota 55317
Dear Don:
July 19, 1977
v
AREA CODE
612
TELEPHONE 335-9565
Re: H & K Development Contract
Saratoga Lane Additions
Attached is the revised development contract for the above project.
The revisions are those ordered by the Council at its .July 18, 1977
meeting.
You may now arrange to complete the contract by inserting the
appropriate information in the blank spaces provided, and then
have it executed by the parties. The necessary performance bonds
should be delivered to the City at tj,,t, time the contract is signed
Very try yours,
RUSSELL H. LARSON
Chanhassen City Attorney
RHL:mep
Encl.
cc: Bruce Pankonin, City Planner
'Jt'L 1977
RISC�
1 VIZ. .
C11.
41y14
,q C* N
'v;
Rev. 7/18/77
RHL
CITY OF CHANHASSEN
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT
SARATOGA 1ST & 2ND ADDITION
THIS AGREEMENT, Made and entered into this day of
, 1977, by and between the CITY OF CHANHASS EN, a
Minnesota municipal corporation, hereinafter referred to as the City,
and HANSEN & KLINGELHUTZ CONSTRUCTION, INC., a Minnesota corporation,
hereinafter referred to as the Developer;
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain lands
described as Part of the East 1/2 of the Southwest Quarter of the
Northwest Quarter and the East 1/2 of the Northwest Quarter of the
Southwest Quarter of Section 12, Township 116 North, Range 23 West,
and situated in the City of Chanhassen; and
WHEREAS, The Developer has made application under the City
Zoning Ordinance to the City Council for the approval of P-1 Planned
Residential Development Plan, including a preliminary plat thereof of
said lands, said plat to contain twenty (20) acres more or less,
divided into twenty-nine (29) single family and six (6) two family
residential lots and two outlots and to be known as Saratoga lst and
2nd Additions, a copy of said proposed plat as prepared by
dated , 1977, being attached
hereto as Exhibit "A", hereinafter referred to as "plat"; and
WHEREAS, The City Council has, by its resolution, passed
, approved said plan and preliminary plat, subject
to and on condition that the Developer enter into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, boulevard sodding, gutters,
driveways, storm and surface water drainage facilities, street signs and
lighting, municipal water and sanitary sewer facilities and underground
electric and telephone service lines to all lots in plats approved by the
City, all of the foregoing hereinafter sometimes referred to as
"improvements"; and
WHEREAS, the Developer has made application to the City to
be allowed at Developer's expense to construct, install and perform all
work and furnish all materials in connection with the installation of
the following improvements:
a. Street grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding,
-1-
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting.
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the preliminary development plan and
plat of Saratoga lst & 2nd Addition, the City and the Developer agree
as follows:
1. Improvements by Developer. Developer 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 grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding or seeding,
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting.
2. Warranty and Guarantee. The warranties and guarantees set
forth in Article 5 of Specifications for Saratoga lst and 2nd
Additions prepared by Schoell & Madson, Inc. and dated June 24, 1977,
are incorporated herein by reference and shall be applicable to all of
the above described improvements to be constructed and installed by or
at the direction of the Developer, and all of said warranties and
guarantees shall inure to the benefit of the City.
3. Schedule of Work. The Developer further agrees that it shall
commence work hereunder on or before , 1977, and shall
have all work done and improvements fully completed to the satisfaction
and approval of the City on or before , 19 The
Developer shall submit a written schedule indicating the proposed pro-
gress 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 Developer of the existence of causes over which
the Developer has no control which will delay the completion of the
work, the City, in its discretion, may extend the date hereinbefore
specified for completion.
4. Streets, Sanitary Sewer, Water, and Storm Sewer Facilities,
a. Those certain Plans and Specifications for the construc-
tion and installation of Sanitary Sewer, Watermain, Storm
Sewer, Streets, and Concrete Curb and Gutter Within Saratoga
lst and 2nd Additions and prepared by Schoell & Madson, Inc.
dated June 24, 1977, are hereby approved,
-2-
b. Upon completion of construction, Developer shall cause
its engineers to prepare and file with the City an "as
built" plan showing the installation of the foregoing
improvements within the plat.
C. The final plat of Saratoga 1st and 2nd Additions shall
include a dedication to the public of all -easements necessary
to the installation of the streets, sanitary sewer, storm
sewer, and watermains as shown on the -plans referred to in
Paragraph 4(a) above, and other utility easements as required
by this development contract and the Subdivision Ordinance
of the City.
5. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including reasonable engineering, legal, Manning
and administrative expenses, incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developer.
6. Disclaimer by City. It is understood and agreed that the
City, the City Council, and the agents and employees of the City shall
not be personally liable*or responsible in any manner to the Developer,
the Developer's contractors or subcontractors, materialmen,.laborers,
or to any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind 'or
character ari.sing out of or by reason of the execution of this agreement
or the performance and completion of the work, and improvementshere9-
under; and that the Developer will save the City, the City Council, and
the agents and employees of the City harmless from any and all claims,
damages, demands, actions or causes -of action arising therefrom and
the costs, disbursements and expenses of defending the same.
7. Written Change Orders. The Developer shall do no work nor
furnish materials 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
Developer without such written order first being given shall be at its
own risk, cost and expense, and Developer hereby agrees that without
such written order, Developer will make no claim for compensation for
work or materials so done or.furnished.
8. Performance Bond. For the purpose of assuring to the City
that the improvements to be by the Developer constructed, installed
and furnished as set forth in Paragraph 1-hereof shall be constructed,
installed and furnished according to the terms of this agreement, and
that the Developer shall pay all claims for work done and materials
and supplies furnished for the performance of this agreement, Developer
agrees to furnish to the City a cash deposit in the Iamount of $ ,
or in lieu thereof, a corporate surety bond in said amount approved by
the City and naming the City as obligee thereunder, being conditioned
upon the performance by the Developer of its obligations hereunder,
said sum being equal to 110% of the total cost of such improvements
as estimated by Schoell & Madson, Inc., the City Engineers.
-3-
9. Boulevards and Driveways_ The Developer agrees to furnish,
construct and install, at Developer's sole expense, ttie following
improvements for the benefit of each lot within the' plat:
a. Boulevard sod or seeding, either /of which shall be of
uniformly good quality;
b. Driveway surfacing within the .public street right of
way, the materials and instaylati.on of which shall be
approved by the City Engine7rs.
10. Erosion Control. Developer, aif its expense, shall provide
temporary dams, earthwork, or such other/devices and practices, inclu-
ding seeding of graded areas as shall be needed, in the judgment of
the City Enginee , to prevent the was ing, flooding, sedimentation
and erosion of lan s and roads within//and outside the plat during all
phases of constructs n, including cgfistruction on individual lots.
Developers shall keep all streets within the plat free of all dirt and
debris resulting from onstruction'therein by the Developer or its
agents.
11. Access. Reason ble;access, including temporary grading
and gravelling, shall be pr ded to all occupied residences in the plat
until the streets are accept by the City.
12. Street Lighting The xpense of furnishing electrical energy
for street lighting purposbs shall e assumed by the City T months
after completion of installation of he street lighting system, or
after % of the building lots have een approved by the construction
of residences thereon, whichever is fir t to occur,,
13. Replacement. All work and mate 'als performed and furnished
hereunder by the Developer, its agents and s contractors, found by the
City to be defectives within one year after acc tance by the City, shall
be replaced by Developer at Developer's sole exp nse.,
14. Liabil�ty Insurance. The Developer shal takeout and main-
tain during the life of this agreement, public liabi 'ty and property
damage insurance covering personal injury, including ath, and claims
for property damage which may arise out of the Develope 's work or the
work of its subcontractors, or by one directly or indire tly employed
by any of theM. Limits for bodily injury or death shall be not less
than $100,0 for one person and $300,000 for each acciden limits for
property damage shall be not less than $100,000 for each acc'dent. The
City shall e named as co-insured on said policy and the Deveoper shall
file a cop, of the insurance coverage with the City.
15. Water and Sewer Revenues. All water and sanitary sewer
service charges shall at all times be billed by the City and all reve-
nues derived therefrom shall be the sole property of the City.
-4-
16. Building Permits. The Developer covenants and agrees that
no occupancy certificates or building permits shall be requested and
the City shall not be required to issue any such permits in the said
plat until the Developer has completed the installation of the im-
provements set forth herein (except the final street wearing course)
to the City specifications, and that issuance of any such permit or
permits to the Developer prior to the acceptance of said improvements
shall not constitute a waiver by the City of its rights hereunder to
require completion of said improvements before issuance of additional
occupancy permits.
17. Special Conditions.
a. Landscaping and location of structures on individual
lots shall be determined through discussions between City
staff and Developer or their assigns prior to issuance of
building permits, subject to the following standards and
conditions:
i. Landscaping and location of structures shall take
into consideration the preservation of trees, slope
protection, subsurface drainage, prevention of silta-
tion and similar potential problems,
ii. In the event agreement cannot be reached between the
City staff and Developer, the City shall have the right,
at the expense of the Developer, to engage the services
of the City Engineer, Planner, a landscape architect,
a soil conservation Planner, a soil conservation
consultant, and others, to advise as to specific
problems.
iii The certificate of occupancy for each homesite, or
covenants and restrictions, may contain conditions for
tree maintenance, and restrictions on tree removal after
consultations with the City Forester.
iv. Boulevards and all front yards shall be sodded -or seeded,
and driveway surfacing installed within the public street
right of way, upon completion of construction of the
principal structure upon each lot,
V. The location of the principal structure upon the lots
within the plat shall make allowance, as the case may be,
for the construction of an attached or detached double
garage.
b. Developers acknowledge receipt of the reports of the
City Engineer and Planner, which are incorporated herein by
reference and made a part hereof, and agree to comply with
the conditions of said reports consistent with the provisions
of the within contract.
C. No private driveways shall exist on Laredo Drive.
-5-
d. The Developer shall provide each lot with one boule-
vard tree of a specie acceptable to the City Forester and
of a diameter of not less than 1-1/2".
e. Lots 1 and 2 of Block 3, Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga 1st Addition, may be
improved by the erection of one two(2) family residential
structure on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the.plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet..
g. A variance is hereby granted under the Chanhassen Sub-
division Ordinance for the length and radius of each cul-de-
sac shown on the preliminary plat.
h. All proposed covenants and restrictions to be placed
upon the lots in said plat shall be approved by the City
Attorney.
18. Remedies Upon Default.
a. In the event the Developer shall default in the per-
formance of any of the covenants and agreements herein con-
tained, and such default shall not have cured within ten
(10) days after receipt by the Developer of written notice
thereof, the City, if it so elects, may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, including all reasonable
engineering, legal, and administrative expense incurred by
the City, to be recovered as a special assessment under M.S.
Chap. 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within after its adop-
tion. Developer further agrees that in the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City shall have a specific lien on
all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure
of mechanic's liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate surety
on their performance bond, or utilize any cash deposit made
hereunder, to collect, pay or reimburse the City for the cost
of making any of said improvements. In the event of an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
_c_
11
19. Address of Developers. The address of the Developer for
purposes of this development contract is 516 Del Rio Drive, Chan-
hassen, Minnesota, 55317.
20. 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 successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
HANSEN & KLINGELHUTZ CONSTRUCTION, INC.
By
Its
And
Its
CITY OF CHANHASSEN
By
Its Mayor
Attest:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this day of , 1977, before me, a
notary public within and for said county, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, did say that they are respectively the Mayor and
City Manager of the corporation named in the foregoing instrument,
and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
-7-
4
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
On this day of A,1977, before me, a
notary public within and for -said county, personally appeared
Douglas B. Hansen and Thomas O. Klingelhutz, to me personally
known, who, being each by me duly sworn, did say that they are
respectively the President and the Secretary -Treasurer of the
corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corpora-
tion, and that -said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said
Douglas B. Hansen and Thomas O. Klingelhutz acknowledged said
instrument to be the free act and deed of said corporation.
ft
Notary Public
-8-
w'
Minutes of the 12-17-80 Planning Commission Meeting
Page 6
(11) Oak rmt: Mr. Waibel said the subject district was scheduled
to be heard by the City Council on December 22, 1980, for a dciAn-zoning.
The Planning Commission had previously recommended the City Council
down -zone the property. No further comments were made.
(12). Near Mxmtaina Mr. Waibel said this was a residential, proposal
and proceeded, to describe it. In response to Mr. M. Thompson, Mr. Waibel
said the Near Mountain proposal had received preliminary development -plan
approval frm the Planning Commission and the City Council in the last
year. The C muission generally agreed with staff s reccmTienc ation that
the project be maintained on an annual review list.
(13) Sunnyslope Addition: Mr. Waibel described the addition
and noted the City Council had. set a completion deadline of July 1, 1981,
for the public improvements. He recommended this district be maintained
on an annual review list until 70 to 80 percent of the building sites were
absorbed and that the completion deadline for the public improvements be
upheld. Discussion occurred on the Addition's road width. The Ccami.ssion
agreed with staff's recommendation but felt the district should remain
on the annual review list until fully completed.
(14.) Sunrise Beach°P:R D : Mr. Waibel described the district
and noted the status saying it had received final development plan approval
from the City Council but there were various administrative items yet to -
be reviewed. He recommended the district be maintained on an annual review
list until 70 to 80 percent of the building sites were absorbed. Mr. M.
Thompson noted there was an excessive number of trees being removed from
the site for development purposes. The Commission -generally agreed..with
staffs recommendation but stated the district should remain on the annual
review list until 100 percent of the building sites were absorbed.
(15) Sinnen'--Prcperty, (°Hidden Valley Estates_): Mr. Waibel described
the district proposal and noted the Planning Commission recommendation
of down -zoning due to absence of development taking place was awaiting
City Council review.. The Commission maintained that recommendation:
(16) Saratoga Addition: Mr. Waibel described the addition and
its status. He recommended the single family and duplex portions of the
plan be removed from annual review because of their percentage of completion
and that the apartment portions of the plan be maintained on an annual
review basis. The Commission generally agreedwith staffs recommendation.
(17) Waldrip-•Addi tibn:il Mr. Waibel explained the proposed develop-
ment and made the recommendation that should the present plans receive
preliminary development plan approval, a development deadline such as two
or three years should be placed on the subject property so that down -zoning
can be considered if this deadline. is exceeded. Should the present plans
receive denial, down -zoning of the property to R-1, Single Family Residential
District, should occur. The Commission generally agreed with staffs reca=enda-
tion.
WILLIA 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 8. GORDON
THEODORE D. KEMNA
JOHN W. EMONO
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
R. SCOTT HARRI
DENNIS W. SAARI
GERALD L. BACKMAN
M
SCHOELL & MAOSON, INC
ENGINEERS AND SURVEYORS
:612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
October 23, 1979
City of Chanhassen
c/o Mr. Don Ashworth, City Manager
P. 0. Box 147
Chanhassen, Minnesota 55317
Subject: Saratoga First and Second Addition
Contract Amount $109,925.75
Gentlemen:
With reference to Encon Utilities' letter of September 26,
1979, we herein respond.
You had requested us to comment on their request to Hansen
& Klingelhutz for release of $200.00 being held. It is my
understanding that the work is complete and I am not aware of
any reason for retaining the $200.00.
Very truly yours,
SCHOELL & MADSON, INC.
JROrr : mkr
cc: Hansen & Klingelhutz
r OCT 1979 `
R CI-AV
CHANHUjI4
MINN.
a
f
COMMERCIAL & INDUSTRIAL
UNDERGROUND UTILITIES
Hansen r K1 ingalhutz
516 061 Rio. Drive
Chanhassen, P1"1 55317
Re: Saratoga 1st & 2nd Addition
Contract Amount 410%925.75
Gentl e=n:
Septefter 26, 1979
'42( -&Z -tA— <!� c �
1�
Our records indicate that there is still a $200.00 balance due its on this
contract. The adjusted contract totalled $109.925.65; and we have been
paid $109,725.65. This prejact was finaled on 10/25/78 by the City of
Chanhassen.
Ne would appreciate your help in clearing this amount from our records.
Very truly yours.
ENC03 UTILITIES* INC.
L. W. Davidson
Controller
LWD! dl k
cc: schoel l u :#,adson, Inc. (Bill arezi nsky)
Citty of Chanhassen
!~redritson Syron :alborn Bisbee 3 Hansen
1
SEp 1979 w
Ct• A Oil
1530 E. CLIFF ROAD • BURNSVILLE • MINNESOTA 55337 • (612) 894-3200
QUOTATIONS SUBJECT TO CHANGE WITHOUT NOTICE • AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR OTHER CAUSES BEYOND OUR CONTROL
�rw+w+r,^•..o,.....�-..-. _.•�.«w..;w.�+..,........ .....�s :c w .. n a-.R. ....-,-..._....�..,-.._..--'-....^'�+.+'...-.^—� ;--�-+-•,s.......r-e.nr»-
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
R. SCOTT HARRI
DENNIS W. SAARI
GERALD L. BACKMAN
- SCHOELL &, MAOSON, I NC.
ENGINEERS AND SURVEYORS
1612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTCN, TEXAS
July 9, 1979
City of Chanhassen
P. 0. Box 147
Chanhassen, Minnesota 55317
Attention:
Gentlemen:
Mr. Don Ashworth
City Administrator
JUL1979
mcarAF
Subject: Drainage Problems - Saratoga
Lane Area
As directed by the Council at the July 2 meeting, Jerry
Schlenk and I investigated the drainage problems in the Saratoga
area. These problems in particular were brought up at the Council
meeting by Mr. Kubitz of 7492 Saratoga Drive and by Mr. McKay,
who lives across the street from Mr. Kubitz at 7495 Saratoga Drive.
The drainage problems that presently exist on the Kubitz and
McKay properties are in no way related to the road grades. Each
and every lot in this project will drain to the street. The
drainage problems that exist in this area are internal drainage
problems. Some of the lots are contoured to allow part of the
drainage to drain to the street and part to drain in the opposite
direction, thereby allowing some drainage to flow across an ad-
joining lot which is the cause of the problems. This situation
is an internal situation and perhaps should be resolved by the
homeowners themselves and/or by the developers, Hansen & Klingel-
hutz.
Should you have any
happy to meet with you or
to review this situation.
JEGill:mkr
cc: Jerry Schlenk
Ray Jackson
Russ Larson
questions, please contact us. We will be
any members of the Council at any time
Very truly yours,
SCHOELL & MADSON, INC.
7�" Ay4za
P.O. BOX 235
SPRING PARK, MN. 55384
612/471-8593
December 7; 1978
Hanson- Iilinge.lhut2 Construction, Inc.
51� Del Rio Drive
Chanhassen, Minnesota
Gentlemen.;
The recent sewer & water.we installed for you,at Del Reo & ,iiarado in
Chanhasson lias been tested & passed. We guarantee the system for 1 year ss
.of December.1, 1978, against defective material. We also guarantee'the.
workmanship doze by the contractor for l year. If any questions fell free,
to cal at 471-8593..
Thanks;
Widmer Bros., Inc.
F�
Fritz Widmer..
cc: City of Chanhassen
DEC 1978
GE1V D
CITY OF
�3» CHANHASSEN
7610 LAREDO DRIVE *P.O BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Bruce Pankonin, City Planner
FROM: Jerry Schlenk, Building Inspector
DATE: November 21, 1977
SUBJ: Saratoga Lane lst and 2nd Addition Streeting Naming and Numbering
Hansen and Klingelhutz's Saratoga Lane lst Addition shows Saratoga
Circle running in an East-West direction. I feel this name should
be changed as this street some day will continue on to the East.
I have talked with Doug Hansen and he has no objection to changing
the name to Santa Vera. Also, the east end of this street should have
a temporary turn around for maintenance reasons.
Was the road south of Pat Kerbcr's house vacated?
cc: V' n Ashworth
CITY OF
CHANHASSEN
7610 LAREDO DRIVE•P.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
November 7, 1977
Mr. Douglas Hansen
Hansen and Klingelhutz
516 Del Rio Drive
Chanhassen, MN 55317
Re: Saratoga Lane, Our File P-333
Dear Doug:
Please be advised the City of Chanhassen cannot sign the hardshells
for Saratoga Lane 1st and 2nd Addition until Hansen and Klingelhutz
Construction Company has affixed all pertinent signatures to the
plat. For this reason I have Leturned the attached to your attention.
If you have any questions, please feel free to contact me at 474-8885.
Very truly yours,
,/�w /.A� �s
Bruce Pankonin
City Planner
. M.q
Attachments ( 2 )
a CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
DATE: November 5, 1977
TO: Don Ashworth, City Manager
FROM: City Planner, Bruce Pankonin
SUBJ: Saratoga Lane Subdivision Status Report
Hansen and Klingelhutz Construction Company has as of this date signed
necessary contracts, posted necessary performance bond and submitted
hardshells for Saratoga Lane Subdivision for city signatures. After
reviewing the submitted hardshells, I found Hansen and Klingelhutz
Construction Company did not affix the necessary signatures prior to
city consideration. For this reason, I returned the hardshells to
Doug Hansen and instructed to have the necessary signatures affixed.
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
October 20, 1977
Mr. Douglas Hansen
Hansen and Klingelhutz
516 Del Rio Drive
Chanhassen, Mn. 55317
Re: Saratoga Lane
Dear Doug:
Please sign the attached Performance Bond Assignment and return
to my attention. In addition, please forward a signed copy of
your development contract. After these documents are signed,
the Mayor will sign your hardshells.
If you have any questions, please feel free to contact us.
Very truly yours,
Bruce Pankonin
City Planner
Attach.
cc: Russ Larson
Don Ashworth
MEMOp�ANDUM
-a L rITY ov-
UhlRh
•CHANHASSEN, MINNESOTA 55317
7610 LAREDO DRIVE�P O BOX 147
(612) 474-8885
Action bV Cit7 Admtnistrato7:
Action by
Iyodii;eu___-r'
Rejected e
Date_- Z� .
October 12, 1977�ce -
DATE
City r, Don Ashworth
Manage
TO: e pankonin
Planner, Bruc
FROM: City
SUBJ: Saratoga Lane Subdivision
pLICANT: Hansen and Klingelhutz
AP
A,
G�AA_,
let -AV
Fllodified—••--- ^�
..._—
Date._---^ — o` "'ssion
Dote Su' m_itted ���
'" pit! �7:,.•:;!::d
Construction Company
PLANNING CASE: P-333
roved plat
proval
cif duly app Inc-d a PThhisis approval
1977, the City Coun Company, known as
On June 6, Construction of a road has not
and Klingelhutz vacation Klingelhutz
for Hansen the successfulliansen andsil appropriate
was conditioned upon of this date, bond guaranteeing
,Saratoga Lane - As city staff performance
submitted a hardshell and posted required
development contracts Council
proposed. City
the Chanhassen roved installation
construction as P 1977, ermit and approved
1977, and July 11► a rading 'p roval was
On June 61 Kling
g This aPP contract and
Hansen and respectively-Intoa development pursuant
granted utilities► entering construction have
of necessary elhutz bonds to guarantee anCe bonds
upon Hansen and Kling Since perform would recommend
necessary performance ned, staff
ifications- in which to sign
posting fans and speccontracts c. od
to approved P development
a two week P nce bonds or
not been posted and eVen erforma that is currentl
and Klingelhutz be and post necessary P oristruction
Hansen ment contract inspector to red tag
the develop
authorize the building
underway
CITY OF
CHANHASSEN
7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317
(612) 474-8885
September 7, 1977
Mr. Doug Hansen
Hansen and Klingelhutz
516 Del Rio Drive
Chanhassen, MN 55317
Re: Saratoga Lane Development Contract
Dear Doug:
Attached please find a revised copy of the development contract
governing the improvements in your Saratoga Lane Addition. The
only change from the original copy of the contract is found on page
4. This change would require the deposit of an escrow account
guaranteeing the installation of boulevard sod.
The City Council and your firm should consummate the attached
and sign the necessary hard shells on Monday, September 19, 1977.
If you have any questions, please feel free to contact me at
474-8885.
Sincerely, _
Bruce Pankonin
City Planner
Enclosure (1)
Rev. 7/18/77
RHL
CITY OF CHANHASSEN
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT
SARATOGA 1ST & 2ND ADDITION
THIS AGREEMENT, Made and entered into this day of
, 1977, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, hereinafter referred to as the City,
and HANSEN & KLINGELHUTZ CONSTRUCTION, INC., a Minnesota corporation,
hereinafter referred to as the Developer;
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain lands
described as Part of the East 1/2 of the Southwest Quarter of the
Northwest Quarter and the East 1/2 of the Northwest Quarter of the
Southwest Quarter of Section 12, Township 116 North, Range 23 West,
and situated in the City of Chanhassen; and
WHEREAS, The Developer has made application under the City
Zoning Ordinance to the City Council for the approval of P-1 Planned
Residential Development Plan, including a preliminary plat thereof of
said lands, said plat to contain twenty (20) acres more or less,
divided into twenty-nine (29) single family and six (6) two family
residential lots and two outlots and to be known as Saratoga lst and
2nd Additions, a copy of said proposed plat as prepared by
dated , 1977, being attached
hereto as Exhibit "A", hereinafter referred to as "plat"; and
WHEREAS, The City Council has, by its resolution, passed
, approved said plan and preliminary plat, subject
to and on condition that the Developer enter into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, boulevard sodding, gutters,
driveways, storm and surface water drainage facilities, street signs and
lighting, municipal water and sanitary sewer facilities and underground
electric and telephone service lines to all lots in plats approved by the
City, all of the foregoing hereinafter sometimes referred to as
"improvements"; and
WHEREAS, the Developer has made application to the City to
be allowed at Developer's expense to construct, install and perform all
work and furnish all materials in connection with the installation of
the following improvements:
a. Street grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding,
oil
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting,
NOW, THEREFORE, in consideration of the. foregoing premises
and acceptance by the City of the preliminary development plan and
plat of Saratoga 1st & 2nd Addition, the City and the Developer agree
as follows:
1. Improvements by Developer. Developer 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 grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding or seeding,
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting.
2. Warranty and Guarantee. The warranties and guarantees set
forth in Article 25 of Specifications for Saratoga 1st and 2nd
Additions prepared by.Schoell & Madson, Inc. and dated June 24, 1977,
are incorporated herein by reference and shall be applicable to all of
the above described improvements to be constructed and installed by or
at the direction of the Developer, and all of said warranties and
guarantees shall inure to the benefit of the City..
3. Schedule of Work. The Developer further- agrees that it shall
commence work hereunder on or before , 1977, and shall
have all work done and improvements fully completedtothe-satisfaction
and approval of the City on or before , 19 The
Developer shall submit a written schedule indicating the proposed pro-
gress 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 Developer of the existence of causes over which
the Developer has no control which will delay the completion of the
work, the City, in its discretion, may extend the date hereinbefore
specified for completion.
4. Streets, Sanitary Sewer, Water, and Storm Sewer Facilities,
a. Those certain Plans and Specifications for the construc-
tion and installation of Sanitary Sewer, Watermain, Storm
Sewer, Streets, and Concrete Curb and Gutter within Saratoga
1st and 2nd Additions and prepared by Schoell & Madson, Inc.
dated June 24, 1977, are hereby approved.,
-2-
b. Upon completion of construction, Developer shall cause
its engineers to prepare and file with the Ci.ty an "as
built" plan showing the installation of the foregoing
improvements within the plat.
C. The final plat of Saratoga lst and 2nd ,Additions shall
include.a dedication to the public of all 'easements necessary
to the installation of the streets, sanitary'sewer, .storm
sewer, and watermains as shown on the plans referred to in
Paragraph 4(a) above, and other utility easements as required
by this development contract and the Subdivision Ordinance
of the City.
5. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including_ reasonable engineering, legal,, planning
and administrative expenses, incurred by the City in connection with.
all matters relating to the administration and enforcement of- the
within agreement and the performance thereof by the Developer.
6. Disclaimer by City. It is understood and agreed that the
City, the City Council, and the agents and employees. of the City shall
not be personally liable or responsible in any manner to the Developer,
the Developer's contractors or subcontractors, materialmen, labourers,
or to any other person, -firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any .kind. or
character arising out of or by reason of the execution of this agreement
or the performance and completion of the work, and improvements here-
under; and that the Developer will save the City, the City Council, and
the agents and employees of the City harmless from any and all claims,
damages, demands, actions or causes -of action arising therefrom and
the costs, disbursements and expenses .of defending the same.
7. Written Change Orders. The Developer shall do no work nor
furnish materials 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
Developer without such written order first being given shall be at its
own risk, cost and expense; and Developer h.ereby'agrees that without
such written order,.Developer will make no claim for compensation for
work or materials so done or.furnished.
8. Performance Bond. For the purpose of assuring to the City
that the improvements to be by the Developer constructed, installed
and furnished as set forth in Paragraph. 1.-hereof shall be constructed,
installed and furnished according'to the terms of this agreement, and
that the Developer shall pay all claims .for work done and materials
and supplies furnished for the performance of this agreement, Developer
agrees to furnish to the City a cash deposit in the amount of'$ ,
or in lieu thereof, a corporate surety bond in said amount approved by
the City and naming the City as obligee thereunder, being conditioned
upon the performance by the Developer of its obligations hereunder,
said sum being equal to 110% of the total cost of such improvements
as estimated by Schoell & Madson, Inc., the City Engineers.
-3-
Rev. 8 /7 7 RHL
9. Boulevards and Driveways. The Developer agrees to furnish,
construct and install, at Developer's sole expense, the following
improvements for the benefit of each lot within the plat:
a. Boulevard sod or seeding, either of which. shall be of
uniformly good quality;
b. Driveway surfacing within the public street right of
way, the materials and installation of which shall be
approved bythe City engineers.
For the purpose of assuring to the City that the improvements required
by this Paragraph 9 shall be constructed and installed according to the
requirements of this agreement, Developer or its assigns.agree to deposit
the sum of $ per lot with the City at the time application
is made for a building permit for each lot, Said deposit shall be
returned to the Developer or its assigns upon approval of the installa-
tion by the City.
10. Erosion Control, Developer, at its expense, shall provide
temporary dams, earthwork, or such other devices and practices, inclu
ding 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. Developer
shall keep all streets within the plat free of all dirt and debris
resulting from construction therein by the Developer or its agents.
11. Access. Reasonable access, including temporary grading and
gravelling, 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
for street lighting purposes, shall be assumed by the City months
after completion of installation of the street lighting system, or
after % of the building lots have been approved bythe construction
of resides thereon, whichever is first to occur,
13. Replacement. All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the City, shall
be replaced by Developer at Developer's sole expense..
14. Liability Insurance. The Developer shall take out and main-
tain during the life of this agreement, public liability and property
damage insurance covering personal injury, including death, and claims
for property damage which may arise out of. the Developer'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 Developer shall
file a copy of the insurance coverage with the City,.
15. Water and Sewer Revenues. All water and sanitary sewer service
charges shall at all times be billed by the City and all revenues
derived therefrom shall be the sole property of the City.
-4-
16. Building Permits. The Developer covenants and agrees that
no occupancy certificates or building permits shall be requested and
the City shall not be required to issue any such permits i.n the said
plat until the Developer has completed the installation of the im-
provements set forth herein (except the final street wearing course_
to the City specifications, and that issuance of any such perm.i,t or
permits to the Developer prior to the acceptance'of said improvements
shall not constitute a waiver by the City of its rights hereunder to
require completion of said improvements before issuance of additional
occupancy permits.
17. Special Conditions.
a. Landscaping and location of structures on individual
lots shall be determined through discussions between City
staff and Developer or their assigns prior to issuance of
building permits, subject to the following standards and
conditions:
i. Landscaping and location of structures shall take
into consideration the preservation of trees, slope
protection, subsurface drainage, prevention of silta-
tion and similar potential problems,.
ii. In the event agreement cannot be reached between the
City staff and Developer, the City shall have the right,
at the expense of the Developer, to engage the services
of the City Engineer, Planner, a landscape architect,
a soil conservation Planner, a soil conservation
consultant, and others, to advise as to specific
problems.
i.ii The certificate of occupancy for each homesite, or
covenants and restrictions, may contain condi.ti.ons for
tree maintenance, and restrictions on tree removal after
consultations with the City Forester.
iv. Boulevards and all front yards shall be sodded or seeded,
and driveway surfacing installed within the public street
right of way, upon completion of construction of the
principal structure upon each lot.
V. The location of the principal structure upon. the lots
within the. plat shall make allowance, as the case may be,
for the construction of an attached or detached double
garage.
b. Developers acknowledge receipt of the reports of the
City Engineer and Planner, which are i.ncor.porated herei..n.by
reference and made a part hereof, and agree .to coMply with
the conditions of said reports consistent with the"
prpvisions
of the within contract..
C. No private driveways shall exist on Laredo Drive.
-5-
d. The Developer shall provide each lot with one boule-
vard tree of a specie acceptable to the City Forester and
of a diameter of not less than 1-1/2".
e. Lots 1 and 2 of Block 3, Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga 1st Addition, may be
improved by the erection of one two(2) family residential
structure on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the. plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet.
g. A variance is hereby granted under the Chanhassen Sub-
division Ordinance for the length and radius of each cul-de-
sac shown on the preliminary plat.
h. All proposed covenants and restrictions -to be placed
upon the lots in said plat shall be approved by the City
Attorney.
18. Remedies Upon Default.
a. In the event the Developer shall default in the per-
formance of any of the covenants and agreements herein con-
tained, and such default shall not have cured within ten
(10) days after receipt by the Developer of written notice
thereof, the City, if it so elects, may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, 'including all reasonable
engineering, legal, and administrative expense incurred by
the City, to be recovered as a special assessment under M.S.
Chap. 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within after its adop-
tion. Developer further agrees that in the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City shall have a specific lien on
all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure
of mechanic's liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate surety
on their performance bond, or utilize any cash deposit made
hereunder, to collect, pay or reimburse the City for the cost
of making any of said improvements. In the event of an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
-6-
+ , i
19. Address of Developers. The address of the Developer for
purposes of this development contract is 516 Del Rio Drive, Chan-
hassen, Minnesota, 55317.
20. 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 successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
HANSEN & KLINGELHUTZ CONSTRUCTION, INC.
By
Its
And
Its
CITY OF CHANHASSEN
By
Its Mayor
Attest:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this' day of 1977, before me, a
notary public within and for said county, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, did say that they are respectively the Mayor and
City Manager of the corporation named in the.foregoing instrument,
and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
-7-
STATE OF MINNESOTA
ss.
COUNTY OF CARVER
On this day of , 1977, before me, a
notary public within and for: -said county, personally appeared
Douglas B. Hansen and Thomas O. Klingelhutz, to me personally
known, who, being each by me duly sworn, did say that they are
respectively the President and the Secretary -Treasurer of the
corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corpora-
tion, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said
Douglas B. Hansen and Thomas O. Klingelhutz acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
RUSSELL H. LARSON
CRAIG M. MERTZ
OF COUNSEL
HARVEY E.SKAAR
LARsow & MERTZ, LTD.
ATTORNEYS AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
August 29, 1977
Mr. Donald W. Ashworth
Chanhassen City Manager
Box 147
Chanhassen, Minnesota 55317
Dear Don:
TELEPHONE
(6 2) 335-9565
Re: Saratoga Lane Development Contract
Enclosed please find the original development contract, which
includes revised page 4, Section 9, to provide for a bond to
cover boulevard sod or seeding and driveway installation. I
believe the contract is now in proper form for signature.
Also enclosed is your file on this matter, which came into
my hands on August 11, 1977.
RHL:mep
Encl.
cc:
Bruce Pankonin
LARSON & MERTZ, LTD.
Chanhassen City Attorneys
- " . ., / l / it17 L
9. Boulevards and Driveways. The Developer agrees to furnish,
construct and install, at Developer's sole expense, the following
improvements for the benefit of each lot within the plat:
a. Boulevard sod or seeding, either of which shall be of
uniformly good quality;
b. Driveway surfacing within the public street right of
way, the materials and installation of which shall be
approved bythe City engineers.
For the purpose of assuring to the City that the improvements required
by this Paragraph 9 shall be constructed and installed according to the
requirements of this agreement, Developer or its assigns.agree to deposit
the sum of $ per lot with the City at the time application
is made for a building permit for each lot, Said deposit shall be
returned to the Developer or its assigns upon approval of the installa-
tion by the City.
10. Erosion Control. Developer, at its expense, shall provide
temporary dams, earthwork, or such other devices and practices, inclu-
ding 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. Developer
shall keep all streets within the plat free of all dirt and debris
resulting from construction therein by the Developer or its agents.
11. Access. Reasonable access, including temporary grading and
gravelling, sha 1 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
for street lighting purposes shall be assumed by the City months
after completion of installation of the street lighting system, or
after % of the building lots have been approved bythe construction
of rest noes thereon, whichever is first to occur,
13. Replacement. All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the City, shall
be replaced by Developer at Developer's sole expense.
14. Liability Insurance. The Developer shall take out and main-
tain during the life of this agreement, public liability and property
damage insurance covering personal injury, including death, and claims
for property damage which may arise out of the Developer'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 Developer shall
file a copy of the insurance coverage with the City.
15. Water and Sewer Revenues. All water and sanitary sewer service
charges shall at all times be billed by the City and all revenues
derived therefrom shall be the sole property of the City.
-4-
€sitV iadrninistr2 )i'
Referred 6Q:
1;0i::i;'II , �r
HANSEN & ,. + _
KLINGELHUTZ - CC11
r Lll `�Irv:l
construction, inc. i'ar�; "• ---
Siree'L ivja;nt.
;tiiiteS
May 19, 1977
r'ress
Mr. and Mrs. Bernard A. Kerber ``'e---�?
Chanhassen, Minnesota 55317
This is to confirm the verbal agreement between Bernard Kerber, Helen
Kerber and Hansen & Klingelhutz Construction, Inc. concerning the access
to the Bernard Kerber property.
It is the intention of Hansen & Klingelhutz Construction, Inc. to plat the
land east of the Bernard Kerber property formerly owned by Patrick Kerber.
In doing so Hansen & Klingelhutz Construction, Inc. and those parties to this
agreement intend to vacate the former driveway and provide a different temp-
orary access route for Bernard Kerber across the Hansen & Klingelhutz Construc-
tion, Inc. property. A temporary access drive will be kept open at all times
by Hansen & Klingelhutz Construction, Inc. until the conditions specified in
paragraph three are fulfilled.
Hansen & Klingelhutz Construction, Inc. also agrees to provide a driveway
ten feet wide on the Bernard Kerber property from the newly constructed
public road across the Bernard Kerber property.
1. This driveway would extend in a westerly direction to a point
lining up with that portion of the Bernard Kerber driveway running north
and south, then turn north and line up with the existing section of driveway.
2. The driveway would be constructed as follows:
a. The black dirt would be removed
b. Clay soil would be placed to form a base as needed
C. 41' of crushed rock would be placed and graded to a ten
foot wide wearing surface
It is our understanding that the City of Chanhassen will not maintain this
driveway on the Bernard Kerber property.
Approved ./41'7-4G 6-," y�✓��y Approved s
Hansen & Klingelhutz Const�r�uction;;�nc, Bernard Kerber
Approved:
Helen Kerber
7198 FRONTIER TRAIL CHANHASSEN, MINNESOTA 55317 0 (612) 474-4146
minnesota department of health
717 s.e. delaware st. minneapolis 55440
July 26, 1977
City Council
c/o Gerald Schlenk, Clerk
City Hall
Chanhassen, Minnesota 55317
Gentlemen:
G
We are enclosing a copy of our report covering an examination
of plans and specifications on watermains for your city. A
copy of the identified plans and specifications is also en-
closed.
If you have any questions in regard to the information con-
tained in this report, please contact Mr. Stephen J. Greenwood
at 612/296-5270.
Yours very truly,
Gary L nglund, Chilf
Sectio f Public Water Supplies
Enclosure
cc: Schoell 6 Madson Inc.
'JUL1977 �
�ECEjVED
V►LLA,^,F of r
CHAN -i�� �;gN
M{PYPY.
an equal opportunity employer _ se
MINNESOTA DEPARTMENT OF HEALTH
Division of Environmental Health
REPORT ON PLANS
Plans and Specifications on Watermain
Location Chanhassen Date Examined July 19, 1977
Prepared and submitted by Schoell & Madson Inc.
50 Ninth Avenue South, Hopkins, Minnesota 55343
Date Received July 12, 1977 Plan File No. A-2147
Ownership- Municipal
Scope - This report covers the design of this project insofar as the safety and
sanitary quality of the water for public consumption may be affected, and applies
to this project only and not to the entire system or any other part thereof.
This project consists of the installation'of 83P lineal feet of
8" ductile iron pipe and 1550 lineal feet of 6 ductile iron pipe
to serve Saratoga First and Second Addition.
Watermains should be pressure tested for at lean one hour.
c
Compliance - NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN ACCORDANCE WITH THE
APPROVED PLANS. If it is desired to make deviations from the approved plans,
the State Department of Health should be consulted and approval Qf the changes
obtained before construction is started; otherwise, such construction is
installed without proper approval, and in addition may create dangers to public
health.
Conclusion
The plans and specifications on this waterworks project are in general accordance
with the requirements of the Minnesota Department of Health, and are recommended
for approval with the understanding as stated in the preceding paragraphs, and
with the usual reservations as stated on the appended sheet entitled, "Information
Relative to Plan Examination."
Plans reviewed by:
.
St J Jepen reenwood (�W
Public Health Engineer - "1
Section of Public Water Supplies
Approved:
G ry L. -n -lured., Chief
Section of Public Water Supplies
1
MINNESOTA DEPARTM IT OF HEALTH
Division of Environmental Health
Information Relative to Plan Examination
The examination of plans and specifications for water supply and sewerage systems
(Regulation MHD 136(a)), plumbing systems (Regulation IED 139(a)(1)), and
swimming pools (Regulation VED 141(c)), is made to provide information concerning
the sanitary features of projects presented for consideration in accordance with
the above regulations of the State Board of Health. The approval of such plans is
given upon the supposition that the survey and other data on which the design is
based are correct, and that necessary legal authority has been obtained to construct
the project. The responsibility for the.design of structural features and the
efficiency of equipment must be taken by the engineer or architect who designs the
project.
Water supply plans are examined with regard to the location, construction and
operational features of the design and maintenance of all parts of the system which
may affect the safety and sanitary quality of the water. Examination is based on
the standards of this Department.
Plans of sewage disposal systems considered by this Department are limited to those
systems that can utilize soil absorption. They are examined with regard to the
features of design which concern location, construction, operation and maintenance
of the system and which may affect the public health. The examination is based
upon information contained in the bulletins entitled, "Tentative Standards for
Design of Small Sewage Works," July 1962, and the recommended "Ordinance and Code
Regulating Individual Sewage Disposal System," 1971.
Plans on plumbing systems are examined only insofar as the provisions of the
Minnesota Plumbing Code apply.
Swimming pool plans are examined with regard to the features of location and design
which may affect the safety and sanitary quality of the water for public bathing.
The examination is based upon Regulation MfiD 141, Public Swimming Pools.
The State Board of Health reserves the right to withdraw its approval -of plans if
construction of the project is not undertaken within a period of two years. The
fact that plans have been approved by the State Board of Health does not necessarily
mean that recommendations for alterations or additions may not be offered at some
later time when changed conditions or advanced knowledge make improvements necessary.
RTTSSELL H. LARSON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
July 19, 1977
Mr., ')onald W. Ashworth
Chanhassen City Manager
Box 14
Chanhasscin, 'Iinnesota 55317
Re: '_ * 'Dev-lop_-:ent Contract
Saratoga Lane % ditions
X ar Dori:
TELEPHONE
335 - 95(35
Attached is t ATE revj*se C-,eve? opment, °,crt-ract for the above -r-i jest
The nevi iers are those ozdereJ by the Council at its Juiv J R , 1977
meeting.
You -ay now .=?rrance to completc the contract by inserting-; the
--,:-'ronr late infcrmaticr in the 1,1 n!; sp; ces nrcvideO, and then
have it e%-ecute.l by the ;.arties. The necessary perfornz�nce ben;3=
to the City at the tire the contr--ct is
Very truly yours,
TUJTf;rrT TA Y?. T.,FT S-N
Charhpsren City Attorney
- -L : mep
Ercl
CC: Bruce P-�nkonin, city P1ann ::
�c4'�'0 �" �► `�c
JUL1977
VILIAOR'al-
'V-' CNAM
O! #AIM1.
Rev. 7/18/77
RHL
CITY OF CHANHASSEN
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT
SARATOGA 1ST & 2ND ADDITION
THIS AGREEMENT, Made and entered into this day of
1977, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, hereinafter referred to as the City,
and HANSEN & KLINGELHUTZ CONSTRUCTION, INC., a Minnesota corporation,
hereinafter referred to as the Developer;
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain lands
described as Part of the East 1/2 of the Southwest Quarter of the
Northwest Quarter and the East 1/2 of the Northwest Quarter of the
Southwest Quarter of Section 12, Township 116 North, Range 23 West,
and situated in the City of Chanhassen; and
WHEREAS, The Developer has made application under the City
Zoning Ordinance to the City Council for the approval of P-1 Planned
Residential Development Plan, including a preliminary plat thereof of
said lands, said plat to contain twenty (20) acres more or less,
divided into twenty-nine (29) single family and six (6) two family
residential lots and two outlots and to be known as Saratoga lst and
2nd Additions, a copy of said proposed plat as prepared by
_ dated _ 1977, being attached
hereto as Exhibit "A hereinafter referred to as "plat"; and
WHEREAS, The City Council has, by its resolution, passed
_ approved said plan and preliminary plat, subject
to and on condition that the Developer enter into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, boulevard sodding, gutters,
driveways, storm and surface water drainage facilities, street signs and
lighting, municipal water and sanitary sewer facilities and underground
electric and telephone service lines to all lots in plats approved by the
City, all of the foregoing hereinafter sometimes referred to as
"improvements"; and
WHEREAS, the Developer has made application to the City to
be allowed at Developer's expense to construct, install and perform all
work and furnish all materials in connection with the installation of
the following improvements:
a. Street grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding,
-1-
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting.
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the preliminary development plan and
plat of Saratoga 1st & 2nd Addition, the City and the Developer agree
as follows:
1. Improvements by Developer. Developer 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 grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding or seeding,
h. Driveway surfacing,
i. Underground utility lines, and
j. Street lighting.
2. Warrapty and Guarantee. The warranties and guarantees set
forth in Artic e 25 of Speci ications for Saratoga ls.t and 2nd
Additions prepared by Schoell & Madson, Inc. and dated June 24, 1977,
are incorporated herein by reference and shall be applicable to all of
the above described improvements to be constructed and installed by or
at the direction of the Developer, and all of said warranties and
guarantees shall inure to the benefit of the City.
3. Schedule of Work. The Developer further agrees that it shall
commence work hereunder on or before _, 1977, and shall
have all work done and improvements fully completed to the satisfaction
and approval of the City on or before 19 The
Developer shall submit a written schedule indicating the proposed pro-
gress 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 Developer of the existence of causes over which
the Developer has no control which will delay the completion of the
work, the City, in its discretion, may extend the date hereinbefore
specified for completion.
4. Streets, Sanitary Sewer, Water, and Storm Sewer Facilities,
A. Those certain Plans and Specifications for the construc-
tion and installation of Sanitary Sewer, Watermain, Storm
Sewer, Streets, and Concrete Curb and Gutter within Saratoga
lst and 2nd Additions and prepared by Schoell & Madson, Inc.
dated June 24, 1977, are hereby approved,
-2-
-'I
b. Upon completion of construction, Developer shall cause
its engineers to prepare and file with the City an "as
built" plan showing the installation of the foregoing
improvements within the plat.
c, The final plat of Saratoga lst and 2nd Additions shall
include a dedication to the public of all easements necessary
to the installation of the streets, sanitary sewer, storm
sewer, and watermains as shown on the.plans referred to in
Paragraph 4(a) above, and other utility easements as required
by this development contract and the Subdivision Ordinance
of the City.
5. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses, incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developer.
6. Disclaimer by Cite. It is understood and agreed that the
City, the City Council, and the agents and employees of the City shall
not be personally liable"or responsible in any manner to the Developer,
the Developer's contractors or subcontractors, materialmen,.laborers,
or to any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this agreement
or the performance and completion of the work, and improvements here-
under; and that the Developer will save the City, the City Council, and
the agents and employees of the City harmless from any and all claims,
damages, demands, actions or causes -of action arising therefrom and
the costs, disbursements and expenses of defending the same.
7. Written Change Orders. The Developer shall do no work nor
furnish materials 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
Developer without such written order first being given shall be at its
own risk, cost and expense, and Developer hereby agrees that without
such written order, Developer will make no claim for compensation for
work or materials so done or furnished.
8. Performance Bond. For the purpose of assuring to the City
that the improvements to be by the Developer constructed, installed
and furnished as set forth in Paragraph l.hereof shall be constructed,
installed and furnished according to the terms of this agreement, and
that the Developer shall pay all claims for work done and materials
and supplies furnished for the performance of this agreement, Developer
agrees to furnish to the City a cash deposit in the amount of $
or in lieu thereof, a corporate surety bond in said amount approve by
the City and naming the City as obligee thereunder, being conditioned
upon the performance by the Developer of its obligations hereunder,
said sum being equal to 110% of the total cost of such improvements
as estimated by Schoell & Madson, Inc., the City Engineers..
-3-
9. Boulevards and Driveways. The Developer agrees to furnish,
construct and install, at Developer's sole expense, the foil owing
improvements for the benefit of each lot within the plat:
a. Boulevard sod or seeding, either of which shall be of
uniformly good quality;
b. Driveway surfacing within the public street right of
way, the materials and installation of which shall be
approved by the City Engineers.
10. Erosion Control. Developer, at its expense, shall provide
temporary dams, earthwork, or such other devices and practices, inclu-
ding seeding of graded areas as shall be needed, in the judgment of
the City Engineers, to prevent the washing, flooding, sedimentation
and erosion of lands and roads within and outside the plat during all
phases of construction, including construction on individual lots.
Developers shall keep all streets within the plat free of all dirt and
debris resulting from construction therein by the Developer or its
agents.
11. Access. Reasonable access, including temporary grading
and gravelling, 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
for street lighting purposes shall be assumed by the City T months
after completion of installation of the street lighting system, or
after % of the building lots have been approved by the construction
of residences thereon, whichever is first to occur.
13. Replacement. All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the City, shall
be replaced by Developer at Developer's sole expense..
14. Liability Insurance. The Developer shall take out and main-
tain during the life of this agreement, public liability and property
damage insurance covering personal injury, including death, and claims
for property damage which may arise out of the Developer'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 Developer shall
file a copy of the insurance coverage with the City.
15. Water and Sewer Revenues. All water and sanitary sewer
service charges shall at all times be billed by the City and all reve-
nues derived therefrom shall be the sole property of the City.
-4-
16. Building Permits. The Developer covenants and agrees that
no occupancy certificates or building permits shall be requested and
the City shall not be required to issue any such permits in the said
plat until the Developer has completed the installation of the im-
provements set forth herein (except the final street Wearing course)
to the City specifications, and that issuance of any such permit or
permits to the Developer prior to the acceptance of said improvements
shall not constitute a waiver by the City of its rights hereunder to
require completion of said improvements before issuance of additional
occupancy permits.
17. Special Conditions.
a. Landscaping and location of structures on individual
lots shall be determined through discussions between City
staff and Developer or their assigns prior to issuance of
building permits, subject to the followi,ng standards and
conditions:
i. Landscaping and location of structures shall take
into consideration the preservation of trees, slope
protection, subsurface drainage, prevention of silta-
tion and similar potential problems,
ii. In the event agreement cannot be reached between the
City staff and Developer, the City shall have the right,
at the expense of the Developer, to engage the services
of the City Engineer, Planner, a landscape architect,
a soil conservation Planner, a soil conservation
consultant, and others, to advise as to specific
problems.
ill The certificate of occupancy for each homesite, or
covenants and restrictions, may contain conditions for
tree maintenance, and restrictions on tree removal after
consultations with the City Forester.
iv. Boulevards and all front yards shall be sodded or seeded
and driveway surfacing installed within the public street
right of way, upon completion of construction of the
Principal structure upon each lot,
V. The location of the principal structure upon the lots.
within the plat shall make allowance, as the case may be,
for the construction of an attached or detached double
garage.
b. Developers acknowledge receipt of the reports of the
City Engineer and Planner, which are incorporated herein by
reference and made a part hereof, and agree to comply with
the conditions of said reports consistent with the provisions
of the within contract.
C. No private driveways shall exist on Laredo Drive.
-5-
d. The Developer shall provide each lot with one boule-
vard tree of a specie acceptable to the City Forester and
of a diameter of not less than 1-1/2".
e. Lots 1 and 2 of Block 3, Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga 1st Addition, may be
improved by the erection of one two(2) family residential
structure on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the.plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet..
g. A variance is hereby granted under the Chanhassen Sub-
division Ordinance for the length and radius of each cul-de-
sac shown on the preliminary plat.
h. All proposed covenants and restrictions to be placed
upon the lots in said plat shall be approved by the City
Attorney.
18. Remedies Upon Default.
a. In the event the Developer shall default in the per-
formance of any of the covenants and agreements herein con-
tained, and such default shall not have cured within ten
(10) days after receipt by the Developer of written notice
thereof, the City, if it so elects, may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, including all reasonable
engineering, legal, and administrative expense incurred by
the City, to be recovered as a special assessment under M.S.
Chap. 429, in which case the Developer agrees to pay the
entire amount of the assessment roll pertaining to any such
improvement within after its adop-
tion. Developer further agrees that in the event of its
failure to pay in full any such special assessment within the
time prescribed herein, the City shall have a specific lien on
all of Developer's real property within said plat for any
amount so unpaid, and the City shall have the right to fore-
close said lien in the manner prescribed for the foreclosure
of mechanic's liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate surety
on their performance bond, or utilize any cash deposit made
hereunder, to collect, pay or reimburse the City for the cost
of making any of said improvements. In the event of an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
Ic
19. Address of Developers. The address of the Developer for
purposes of this development contract is 516 Del Rio Drive, Chan-
hassen, Minnesota, 55317.
20. 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 successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
HANSEN & KLINGELHUTZ CONSTRUCTION, INC.
By
Its
And
Its
CITY OF CHANHASSEN
By
Its Mayor
Attest:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this day of , 1977, before me, a
notary public within and for said county, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, did say that they are respectively the Mayor and
City Manager of the corporation named in the foregoing instrument,
and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
:iC
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER }
On this day of A,1977, before me, a
notary public within and for -,said county, personally appeared
Douglas B. Hansen and Thomas O. Klingelhutz, to me personally
known, who, being each by me duly sworn, did say that they are
respectively the President and the Secretary -Treasurer of the
corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corpora-
tion, and that -said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said
Douglas B. Hansen and Thomas O. Klingelhutz acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
am
F&1
WILLIAM D. SCHOELL
CARLISLE MAOSON
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.EMONO
KENNETH E. ADOLF
DANIEL R. BOXRUO
WILLIAM R. ENGELHARDT
E-
--- SCHOELL & MAOSON,iNc.
ENGINEERS AND SURVEYORS
38-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55743
OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS
July 11, 1977
Minnesota Department of Health
Division of Entiironmental Health
717 Delaware Street S.E.
Minneapolis, Minnesota 55414
Subject: Hansen & Klingelhutz
Construction, Saratoga
Addition Sewer and Water;
Our File No. 9434
Gentlemen:
Enclosed are three (3) sets of Plans and Specifications
for the subject project for your review and approval.
If you have any questions, please contact us.
WJBrezinsky:cm
Enclosure
cc: Hansen & Klingelhutz
City of Chanhassen
Very truly yours,
SCHOELL & /DSON, NC.
G0 - ;' r j
I
Q.��1011
\0 l
cr7 dot 1977 `
RE�EIyED °�,
N "'V U-4 Ge
c�
crate Mgyry
RUSSELL H. LARSON
CRAIG M. MERTZ
Mr. Donald
Chanhassen
Box 147
Chanhassen,
Dear Don:
RusSELL H. LAR:ON
ATTORNEY AT LAW
1900 FIRST NATIONAL BANK BUILDING
MINNEAPOLIS, MINNESOTA 55402
AREA CODE 612
July 11,
1977
TELEPHONE 335-9565
W. Ashworth
City Manager
Minnesota 55317
Re: Saratoga lst and 2nd Addition
Development Contract
Attached are two copies of the proposed planned residential develop-
ment district development contract covering the installation of
streets and other public improvements within Saratoga 1st and 2nd
Additions.
It is my understanding that the performance bond being furnished
by the successful bidder, Enco Utilities, a division of Consolidated
Plumbing, will cover 100% of the cost($113,982.60) of only the
sanitary sewer, watermain, storm, sewer, streets and concrete curb
and gutter work. Our subdivision ordinance requires a bond or
deposit covering 110% of the cost. Therefore, the additional 10%
should be covered by a cash deposit or bond if we are going to follow
the ordinance.
In addition, there should be deposited with the City an amount of
cash, or a performance bond, to cover the installation of the
following improvements:
a)
b)
c)
d)
e)
f)
If you find the
place it place
opportunity.
RHL:mep
Encl.
street signs
boulevard sodding
driveway surfacing
underground utility
street lighting
concrete sidewalks
lines
on Laredo Drive lots
proposed contract to be acceptable, you may wish to
it before the Council for consideration at the earliest
RUSSELL H.'LARSON
Chanhassen City Attorney
CITY OF
CHANHASSEN
7610 LAREDO DRIVESP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
Action by Council
MEMORANDUM Endorsed '�---
Modified
TO: Mayor and City Council Reocted,� •
€}sty
FROM: City Manager, Don Ashworth
DATE: July 11, 1977
SUBJ: Saratoga Lane 1st and 2nd Addition, Request Approval of
Utilities and Street Improvements, Hansen and Klingelhutz
On June 6, the city council approved a preliminary plat for Hansen
and Klingelhutz's Saratoga Lane Addition. At that time, the developer
had requested that the city council consider installing improvements
for this addition. This office was concerned with this request
given previous city council actions and recognizing that additional
requests would be made by other developers - all of which may or may
not have placed an additional burden upon the city. I believe
the recommendation made at that time was reasonable and should be
considered by the city council on future similar requests. However,
since the June 6, 1977 meeting, Hansen and Klingelhutz have obtained
private financing for the installation of public improvements in
the Saratoga Lane Addition. They are now requesting that the city
council allow them to install these improvements in accordance with
city plans and specifications. This office would recommend that the
council approve private installation of improvements in Saratoga
Lane conditioned upon such being in accordance with city plans and
specifications.
9 W A
HANSEN &
KLINGELHUTZ
construction, inc.
July 6, 1977
City Council
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
Dear Sirs:
Hansen & Klingelhutz Construction, Inc., a long standing home building
firm in Chanhassen, has an application for approval of the final plats
of their new subdivisions "Saratoga Addition" and Saratoga Second Addition.
In addition to the approval of the plats, a request was made to have the
required improvements constructed under the assessments financing procedure
of the city.
However, since filing that request Hansen & Klingelhutz Construction, Inc.
has secured a loan commitment in excess of the total amount of the construction-
contract. (see attached letter) They have also retained Schoell and Madson
Engineering to prepare th necessary improvement construction plans. On
July 1, 1977, bids were received and the contract was awarded to Enco Utilities,
a division of Consolidated Plumbing Co. of Burnsville, Minnesota, for the
sum of $113,982.60. The work is to be completed August 12, 1977, with the
exception of curb and gutter and the final street surface which are to be
completed by July 1, 1978. This deferment is considered sound construction
practise to permit the disturbed soil to settle and to protect the curb
and gutter from heavy construction trucks.
Having made the decision to install all improvements under a cash contract,
Hansen & Klingelhutz Construction, Inc. is withdrawing the request for all
financial support through the city assessment process.
We request that the City of Chanhassen grant permission to Hansen & Klingelhutz
Construction, Inc. to install the improvements pursuant to City approval
of plans and specifications.
Sincerely,
II
Douglas'' Hansen, Pres.
RECEIVED
VILLAGE 4'
�`QiANHASSITI�[, +��
y MIN14.
7198 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317 (612) 474-4146
STATE BANK OF CHAT
City of Chanhassen
Chanhassen, Minnesota
(Te-ntlemen:
st 78th Street, Chanhassen, Minnesota 55317
jUly 6, 1977
This letter is our mr-aitment to provide financing
for the land development of Saratoga lst and 2nd
Addition of Western Hills, owned by Hansen & Kling-
elhutz Construction Co., Inc.
Funds in the ar-ount of ftl65,000.00 will be available
for the installation of water, seurer, grading and
having of roads.
Very truly yours,
�. F. Schneider
President
JUL'_ J77 �#
RFCF(VFr)
� 'Z,'
MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION
WILLIAM b. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROL❑ 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
?) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
OFFICES AT HURON. SOUTH DAKOTA AND DENTON, TEXAS
July 5, 1977
City of Chanhassen
c/o Mr. Don Ashworth, City Manager
Box 147
Chanhassen, Minnesota 55317
Subject: Hansen & Klingelhutz Construction,
Saratoga 1st and 2nd Addition Utilities.
Gentlemen:
Enclosed are Plans and Specifications for sanitary sewer, watermains, storm
sewer, streets and concrete curb and gutter to serve Saratoga Addition. Bids
were taken on July 1, 1977, for this work with a completion date of August 12,
1977, for utilities and July 1, 1978, for street and curb and gutter.
The low bid of $113,982.60 with a deduct for PVC Plastic Pipe, was sub-
mitted by ENCON Utilities Division of Consolidated Plumbing & Heating of
Burnsville. Although we have had no experience with this contractor, they have
successfully completed projects of a similar nature in Maple Grove, Prior Lake,.
Brooklyn Center and Apple Valley. The Engineers and Owners on these projects
were satisfied with this contractor's performance.
With City Council approval, Hansen & Klingelhutz will award the contract
to ENCON Utilities in the amount of $113,982.60 using PVC Plastic Sewer Pipe.
Very truly yours,
SCl,HfOELL & MADSON, INC.
WJBrezinsky:bk
enclosures
cc: Hansen & Klingelhutz
CITY ®r F G,
CHANHASSEN
7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager, Don Ashworth
DATE: June 6, 1977
SUBJ: Preliminary Plat Approval and Request for City Installation
of Improvements, Saratoga Lane, Hansen and Klingelhutz
(North of Chanhassen Elementary School).
This office believes that the report submitted by the city planner
regarding the proposed planned unit development represents the
staff position. No further comments will be made in regards to
the items presented in that report. This office is assured that the
City Council will desire to discuss the public road issue regarding
the Kerber property and the city attorney will be present to present
his legal findings on this issue.
However, I believe there are two issues that have not been presented
in the planner's report which require consideration by the City Council -
1). designation of engineer for the improvements; and, 2). installation
of public improvements.
1). Designation of Engineer for Improvements - Hansen and
Klingelhutz have requested that the city's consulting engineer,
Schoell and Madson, be authorized to complete the final plat
design and inspect the public improvements to be installed as a part
of the plat. This office recognizes that a potential conflict of
interest can develop where the engineer is employed by both the city
(to insure public interests are met)and a private developer (potentially
concerned with design criteria increasing development costs).
I do not believe that it is reasonable for the city to allow the
city engineer to become involved in any way with the design and lay
out of a preliminary subdivision, except for a review role exclusively
for the city. However, once the preliminary plat has been approved,
the actual staking of the proposed subdivision does not appear to
create a potential conflict of interest for the engineer. Further,
Mayor and Council -2- ,Tune 6, 1977
most municipalities do the design work for proposed improvements
within a proposed subdivision. This is the most logical and economical
means to complete this type of work as the city engineer has information
available to him which is not available to most outside consulting
firms. Further, whether completed by an inhouse engineer or a
consulting engineer for the city, the cost of the design work would
be paid for by the developer. Therefore, whether the work was done
inhouse or by consultants, the potential problem of a conflict could
always arise, but unless the proposed subdivision is enormously large
a real conflict should not exist.
Given the above factors, I do not believe that the city would be
placing itself in any type of jeopardy by allowing Schoell and Madson
to complete the final plat for this proposed subdivision and to
carry out the design and inspection services for public improvements.
All of these costs would be reimbursed to the city by the developer.
2). Installation of Public Improvements - Hansen and Klingelhutz
have requested that the City of Chanhassen'tinstall the sewer, water,
streets, curbs and storm sewers in this plat and assess the cost
of such against the property for a term of 7 years or more. Additionally.,
they are requesting that the assessments be paid off upon the sale
of homes that are built on these lots. They are requesting that the
city council consider their past experience record in making this
decision.
This office has difficulty in reviewing this reques.t. In Western
Hills First Addition, the city required Hansen and Klingelhutz to
complete all improvements without the assistance of the city's bonding
authority and ability to assess these costs over a period of years.
In approving the Chanhassen Estates plat and authorizing the use of
public monies for completion of improvements within this plat,
the developer notes that the city council had taken a position at
that time that future plats of Hansen and Klingelhutz would be given
similar consideration. Such consideration was given to Hansen and
Klingelhutz in the development of their recent Laredo Lane Addition.
However, since the date of allowing the Laredo Lane Addition via
public bonding authority, the city council has acted to deny a request
from Kit Peterjohn for installation of public improvements in the
Trolls -Glen Second Addition. The request of Mrs. Peterjohn was
additionally clouded by the necessity for a joint powers agreement
with Victoria and construction of a portion of the improvements in
another city. other developments in the city have gone both public
and non-public and it was noted at the time of the Kit Peterjohn
request that the city council was concerned about the possible
precedent that the city may be developing - this position considering
the bonded debt of the city and the potential of large developments
occurring within the city.
Although the above policies of the city appear inconsistent, this
office believes that the city council should and does have the
authority to review each development on factors pertinent at that
point in time. For example, factors which could and should be
considered include:
Mayor and Council -3- June 6, 1977
1). The relative cash position of the city at any point in
time and/or the city's intent or desire to enter the bond market for
the availability of cash;
2). The existing bonded indebtedness of the city in relation
to the potential repayment period of the proposed development;
3). The previous experience of the developer in making
assessment payments and in developing in accordance with statements
made to the city;
4). The relative financial position of the developer;
5). Other assurances that the debt can be repaid;
6). The ability of the developer to find other sources of
funding;
7). The relative consistency of the proposed development
with the comprehensive plans of the community.
HANSEN &
KLINGELHUTZ
construction, inc.
May 19, 1977
City Council
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
We, Hansen & Klingelhutz Construction, Inc., do hereby request that the
City of Chanhassen put in sewer, water, streets, curbs, and storm sewers
in the Saratoga 1st and 2nd Additions of Western Hills, and assess the
cost against the property for a term of 7 years or more.
The assessments would be paid off upon the sale of the homes that are
built on these lots.
This would enable us to move ahead without the undue hardship of borrowing
a large sum of money to cover the costs of improvements. We hope you
will consider our past experience record reguarding your decision.
Sincerely,
HANSEN & 1=NGEI1= CONSTRUCTION, INC.
Douglas M. Hansen, Pres.
Thomas 0. Klingelhutz, Sec. Tres.
DH:TK:kh
7198 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317 0 (612) 474-4146 ,.r
CITY OF CHANHASSEN
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT
SARATOGA 1ST & 2ND ADDITION
THIS AGREEMENT, Made and entered into this day of
1977, by and between the CITY OF CHANHASSEN, a Minne-
sota municipal corporation, hereinafter referred to as the City, and
HANSEN & KLINGELHUTZ CONSTRUCTION, INC., a Minnesota corporation,
hereinafter referred to as the Developer;
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain lands
described as Part of the East 1/2 of the Southwest Quarter of the
Northwest Quarter and the East 1/2 of the Northwest Quarter of the
Southwest Quarter of Section 12, Township 116 North, Range 23 West,
and situated in the City of Chanhassen; and
WHEREAS, the Developer has made application under the City
Zoning Ordinance to the City Council for the approval of P-1 Planned
Residential Development Plan, including a preliminary plat thereof of
said lands, said plat to contain acres more or less, divided
into 29 single family and 6 two family residential lots and one
outlot, and to be known as Saratoga lst and 2nd Additions, a copy -of
said proposed plat as prepared by ,
dated 1977, being attached hereto as
Exhibit "A", hereinafter referred to as "plat"; and
WHEREAS, the City Council has, by its resolution, passed
approved said plan and preliminary
plat, subject to and on condition that the Developer enter into this
agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, boulevard sodding,
gutters, driveways, storm and surface water drainage facilities,
street signs and lighting, municipal water and sanitary sewer facili-
ties and underground electric and telephone.service lines to all lots
in plats approved by the City, all of the foregoing hereinafter some-
times referred to as "improvements"; and
WHEREAS, the Developer has made application to the City to be
allowed at Developer's expense to construct, install and perform all
work and furnish all materials in connection with the installation of
the following improvements:
a. Street grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and gutters,
C. Sanitary sewer mains
d. Water mains
e. Storm and surface water drainage,
f. Street signs,
g: Boulevard sodding,
h. Driveway surfacing,
i. Underground utility lines,
j. Street lighting, and
k. Four foot concrete sidewalks on lots abutting Laredo
Drive.
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the preliminary development plan and
plat of Saratoga lsiz & 2,nd.Addition, the City and the Developer agree
as follows:
1. Improvements by Developer. Developer 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 grading, stabilizing, and bituminous surfacing,
b. Surmountable concrete curbs and.gutters,
C. Sanitary sewer mains,
d. Water mains,
e. Storm and surface water drainage,
f. Street signs,
g. Boulevard sodding,
h. Driveway surfacing,
i. Underground utility lines,
j. Street lighting, and
k. Four foot concrete sidewalks on lots abutting Laredo
Drive.
2. Warranty and Guarantee. The warranties and guarantees set
forth in Article 25 of Specifications for Saratoga lst and 2nd
Additions prepared by Schoell & Madson, Inc. and dated June 24, 1977,
are incorporated herein by reference and shall be applicable to all of
the above described improvements to be constructed and installed by or
at the direction of the Developer, and all of said warranties and
guarantees shall inure to the benefit of the City.
3. Schedule of Work. The Developer further agrees that it shall
commence work hereunder on or before , 1977, and
shall have all work done and improvements fully completed to the satis-
faction and approval of the City on or before , 19
The Developer shall submit a written schedule indicating the proposed
progress schedule and order of completion of work covered by this con-
tract, which schedule shall be a part of this contract. Upon receipt
of written notice from the Developer of the existence of causes over
which the Developer has no control which will delay the completion of
the work, the City, in its discretion, may extend the date hereinbefore
specified for completion.
4. Streets, Sanitary Sewer, Water, and Storm'Sewer Facilities.
a. Those certain Plans and Specifications'fgr the construc
tion and installation of Sanitary Sewer, Watermain, Storm
Sewer, Street$, and Concrete Curb and'Gutter within Saratoga
1st and 2nd Additions and prepared by Schnell & Madson, inc.,
dated June 24, 1977, are hereby approved.
-1)-
b. Upon completion of construction, Developer shall cause
its engineers to prepare and file with the City an "as
built" plan showing the installation of the foregoing
improvements within the plat.
C. The final plat of Saratoga 1st and 2nd Additions shall
include a dedication to the public of all easements necessary
to the installation of the streets, sanitary sewer, storm
sewer, and watermains as shown on the .plans referred to in
Paragraph 4(a) above, and other utility easements as required
by this development contract and the Subdivision Ordinance
of the City.
5. Reimbursement of Costs. The Developer shall reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses, incurred by the City in connection with
all matters relating to the administration and enforcement of the
within agreement and the performance thereof by the Developer.
6. Disclaimer by City. It is 'understood and agreed that the
City, the City Council, and the agents and employees of the'City'shall
not be personally liable or responsible in any manner to the Developer,
the Developer's contractors or subcontractors, materialm.en,.laborers,
or to any other person, firm or corporation whomsoever, for any debt,
claim, demand, damages, actions or causes of action of any kind 'or
character ari.sing out of or by reason of the execution of this agreement
or the performance and completion of the work, and improvements here-
under; and that the Developer will save the City, the City Council, and
the agents and employees of the City harmless from any and all claims,
damages, demands, actions or causes of action arising therefrom and
the costs, disbursements and expenses of defending the same.
7. Written Change Orders. The Developer shall do no work nor
furnish materials 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
Developer without such written order first being given shall be at its
own risk, cost and expense, and Developer hereby agrees that without
such written order,_Developer will make no claim for compensation for
work or materials so done or.furnished.
8. Performance Bond. For the purpose of assuring to the City
that the improvements to be by the Developer constructed, -installed -
and furnished as set forth in Paragraph 1-hereof shall be constructed,
installed and furnished according to the terms of this. agreement, and
that the Developer shall pay all claims for work done and materials
and supplies furnished for the performance of this agreement, Developer
agrees to furnish to the City a cash deposit in the amount of'$' ,
or in lieu thereof, a corporate surety bond in said amount approved by
the City and naming the City as obligee thereunder, being conditioned
upon the performance by the Developer of its obligations hereunder,
said sum being equal to 110% of the total cost of such improvements
as estimated by Schoell & Madson, Inc., the City Engineers.
-3-
9. Boulevards and Driveways. The Developer agrees to furnish,
construct and install, at Developer's sole expense, the following
improvements for the benefit of each lot within the plat:
a. Boulevard sod, which shall be of uniformly good
quality;
b. Driveway surfacing within the public street right of
way, the materials and installation of which shall be
approved by the City Engineers.
10. Erosion Control. Developer,.at its expense, shall provide
temporary dams, earthwork, or such other devices and practices, inclu-
ding seeding of graded areas as shall be needed, in the judgment of
the City Engineers, to prevent the washing, flooding, sedimentation,
and erosion of lands and roads within and outside the plat during all
phases of construction, including construction on individual lots.
Developers shall keep all streets within the plat free of all dirt and
debris resulting from construction therein by the Developer or its
agents.
11. Access. Reasonable access, including temporary grading and
gravelling 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
for street lighting purposes shall be assumed by the City months
after completion of installation of the street lighting system, or
after % of the building lots have been approved by the construction
of residences thereon, whichever is first to occur.
13. Replacement. All work -and materials performed and furnished
hereunder by he Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the.City shall
be replaced.by Developer at :'Developer's sole expense.
14. 1Liability Insurance. The Developer shall takeout and main-
tain during the life of'this agreement, public liability and property
damage insurance covering personal injury, including death, and claims
for property damage which may arise out of the Developer'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 Developer shall
file a copy of the insurance coverage with the City.
15. Water and Sewer Revenues. All water and sanitary sewer
service charges shall at all times be billed by the"City and all reve-
nues derived therefrom shall be the sole property of the City.
-4-
16. Building Permits: The Developer covenants and agrees that
no occupancy certificates or building permits shall be requested and
the City shall not be required to issue any such permits in 'the said
plat until the Developer has completed the installation of the im-
provements set forth herein (except the final street wearing course)
to the City specifications, and that issuance of any suchpermit or
permits to the Developer prior to the acceptance of said_ improvements
shall not constitute a waiver by the City of 'its rights hereunder to
require completion of said improvements before issuance of additional
occupancy permits.
17. Special Conditions.
a. Landscaping and location of structures on individual
lots shall be determined through discussions between City
staff and Developer or their assigns prior to issuance'of
building permits, subject to, the following standards and
conditions:
i. Landscaping and location .of structures -shall take
into consideration the preservation of trees, slope
protection,' subsurface drainage, prevention of silta-
tion and similar potential problems.
ii. In the event agreement cannot be reached between the
City Staff and Developer, the City shall have the right,
at the expense of the Developer, to.engage the services
of the City Engineer, Planner, a landscape architect,
a soil conservation Planner, a landscape architect, a soil
conservation consultant, .and others, to advise as to
specific problems.
iii The certificate of occupancy for each homesite, or
covenants and restrictions, may contain conditions for
tree maintenance, and restrictions on tree removal after
consultations with the City Forester.
iv. Boulevards shall be sodded and all front yards shall be
sodded or seeded upon completion of construction of the
principal structure upon each lot.
V. The location of':the principal structure upon the lots
within the plat shall make allowance, as the case may be,
for the construction of an attached or detached double
garage.
b. Developers acknowledge receipt of the reports of the
City Engineer and Planner, which are incorporated herein by
reference and made a part hereof, and agree to comply with
the conditions of said reports consistent with the pro-
visions of the within contract.
C. No private driveways shall exist on Laredo Drive.
-5-
Ift
d. The Developer shall provide one hardwood boulevard
tree of a diameter not less than 1-1/2" for each lot.
e. Lots 1 and 2 of Block 3, Lot 5 of Block 2, and Lots
1,2, and 3 of Block 1, Saratoga lst Addition, may be
improved by the erection of two (2) family residential
structures on each lot.
f. The radius of each of the proposed cul-de-sacs shall
be 50 feet, the road surface of all streets within the plats
shall be 28 feet in width, and the finished radius of each
cul-de-sac shall be 40 feet.
g. ' A variance is hereby granted under the Chanhassen
Subdivision Ordinance for the length and radius of each
cul-de-sac shown on the preliminary plat.
h. All proposed covenants and restrictions to be placed
upon the lots in said plat shall be -approved by the City
Attorney.
18. Remedies Upon Default.
a. In the event the Developer shall default in the
performance of any of the covenants and agreements herein
contained, and such default shall not have cured within ten
(10)days after receipt by the Developer of written notice
thereof, the City, if it so elects,. may cause any of the
required improvements to be constructed and installed, and
may cause the entire cost thereof, including all reasonable
engineering, legal, and administrative expense incurred by the
City, to be recovered as a special assessment under M.S. Chap.
429, in which case the Developer agrees to pay the entire
amount of the assessment roll pertaining to any such improve-
ment within after its adoption.
Developer further agrees that in the event of its failure to
pay in full any such special assessment within the time
prescribed herein, the City shall have a specific lien on all
of Developer's real property within said plat for any amount
so unpaid, and the City shall have the right to foreclose said
lien in the manner prescribed for the foreclosure of mechanic's
liens under the laws of the State of Minnesota.
b. In addition to the foregoing, the City may'also institute
legal action against the Developer and -the corporate surety
on their performance bond, or utilize any cash deposit made
hereunder, to collect, pay.or reimburse the City for the cost
of making any of said improvements. In the event of'an emer-
gency, as determined by the City Engineers, the notice require-
ments to the Developer shall be and hereby are waived in.their
entirety, and the Developer shall reimburse the City for any
expense incurred by the City in remedying the conditions
creating the emergency.
19. Address of Developers. The address of the Developer for
purposes of this development contract is 516 Del Rio Drive, Chan-
hassen, Minnesota, 55317.
20. 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 successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
HANSEN & KLINGELHUTZ CONSTRUCTION, INC.
LM
And
Its
Its
CITY OF CHANHASSEN
By
Its Mayor
Attest:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this . day of , 1977, before me, a
notary public within and for said county, personally appeared Walter
Hobbs and Donald W. Ashworth, to me personally known, who, being each
by me duly sworn, did say that they are respectively the Mayor and
City Manager of the corporation named in the foregoing instrument,
and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Walter Hobbs
and Donald W. Ashworth acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
-7-
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
On this day of , 1977, before me, a
notary public within and for --.said county, personally appeared
Douglas B. Hansen and Thomas O. Klingelhutz, to me personally
known, who, being each by me duly sworn, did say that they are
respectively the President and the Secretary -Treasurer of the
corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corpora-
tion, and that -said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said
Douglas B. Hansen and Thomas O. Klingelhutz acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
tk h -
RELIA�TvE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania, does hereby make, constitute and appoint Earl R. Larson, Helen F. Wheeler, Kathleen A. St. Hilaire
and Patricia A. Harman, individually, of Minneapolis, Minnesota
its true and lawful Attorney -in -fact, to make execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and
undertakings of Suretyship,
to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of
such officers, and hereby ratifies and confirms all that its said Attorneys) -in -fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY
Which became effective May 11, 1962, which provisions are now in full force and effect, reading as follows:
ARTICLE VII — Execution of Bonds and Undertakings
SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vice -President shall have power and authority to: (a) appoint
Attorneys -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -fact at any time and revoke the power and authority given to him.
SECTION 2. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and
deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The
corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of May, 1959, at which a quorum was present, and said Resolution has not been
amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY hascaused these presents to be signed by its Vice -President, and its corporate seal to be
hereto affixed, this 17th day of - May
STATE OF Pennsylvania ss
COUNTY OF Philadelphi
On this 17th day of May
1976 .
RELIANCE INSURANCE COMPANY
SV P-4H00
co �1
a- re s dent
��rro�t
1976, personally appeared J. H. McDermott
, to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that
he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII Section 1 and 2 of the By -Laws of
said Company, set forth therein, is still in full force.
My Commission Expires:`�r"W"`y [✓�Xv �_. ���
March 10 80
19_#ow,,Notary Public in and for State of Pennsylvania
Residing at Philadelphia
1, 1 W. F. Brunner , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affix S US- Company this
11 fi ELday of Ttily 19_77
BDR-1431 Ed. 7/71 fa = c Assistant Secretary
1
RATED M�a��1
A S S I G N M E N T
KNOW ALL MEN BY THESE PRESENTS:
That Hansen & Klingelhutz Construction, Inc., a
Minnesota corporation (assignor), in consideration of the sum
of One Dollar ($1.00) to it in hand paid, the receipt of which
is hereby acknowledged, does hereby sell, assign, transfer and
set over to the City of Chanhassen, a Minnesota municipal corp-
oration, (assignee) all its rights, title and interest as obligee
in and to that certain bond of public contractor, dated July 11,
1977, issued by Reliance Insurance Company, as surety, to Econ
Utilities, Inc., a division of Consolidated Plumbing & Heating
Co., as principal and assignor as obligee and covering performance
by said principal of that certain contract with obligee/assignor
for streets, sanitary sewer, storm sewer, watermains, curbs and
gutters for Saratoga 1st and 2nd Additions, City of Chanhassen,
Minnesota.
To Have and to Hold the same unto said City of Chanhassen,
its successors and assigns absolutely.
IN WITNESS WHEREOF the said assignor has caused this
assignment to be signed by its duly authorized officers this
day of —`� ' - -- - - - 1 1977.
HANSEN & KLINGELHUTZ CONTRACTORS, INC.
By
And
i
A S S I G N M E N T
KNOW ALL MEN BY THESE PRESENTS:
That Hansen & Klingelhutz Construction, Inc., a
Minnesota corporation (assignor), in consideration of the sum
of One Dollar ($1.00) to it in hand paid, the receipt of which
is hereby acknowledged, does hereby sell, assign, transfer and
set over to the City of Chanhassen, a Minnesota municipal corp-
oration, (assignee) all its rights, title and interest as obligee
in and: to that certain bond of public contractor, dated July 11,
1977, issued by Reliance Insurance Company, as surety, to Econ
Utilities, Inc., a division of Consolidated Plumbing & Heating
Co., as principal and assignor as obligee and covering performance
by said principal of that certain contract with obligee/assignor
for streets, sanitary sewer, storm sewer-, watermains, curbs and
gutters for Saratoga 1st and 2nd Additions, City of Chanhassen,
Minnesota.
To Have and to Hold the same -unto said City of Chanhassen,
its successors and assigns absolutely.
IN WITNESS WHEREOF the said assignor has caused this
assignment to be signed by its duly authorized officers this
/9 day of /ti9ri , 1977.
HANSEN & KLINGELHUTZ CONTRACTORS, INC.
By
And
A S S I G N M E N T
KNOW ALL MEN BY THESE PRESENTS:
That Hansen & Klingelhutz Construction, Inc., a
Minnesota corporation (assignor), in consideration of the sum
of One Dollar ($1.00) to it in hand paid, the receipt of which
is hereby acknowledged, does hereby sell, assign, transfer and
set over to the City of Chanhassen, a Minnesota municipal corp-
oration, (assignee) all its rights, title and interest as obligee
in and to that certain bond of public contractor, dated July 11,
1977, issued by Reliance Insurance Company, as surety, to Econ
Utilities, Inc., a division of Consolidated Plumbing & Heating
Co., as principal and assignor as obligee and covering performance
by said principal of that certain contract with obligee/assignor
for streets, sanitary sewer, storm sewer, watermains, curbs and
gutters for Saratoga 1st and 2nd Additions, City of Chanhassen,
Minnesota.
To Have and to Hold the same unto said City of Chanhassen,
its successors and assigns absolutely.
IN WITNESS WHEREOF the said assignor has caused this
assignment to be signed by its duly authorized officers this
_A day of - It& - -- -- - -- - , 1977.
HANSEN & KLINGELHUTZ CONTRACTORS, INC.
By
And
4-, ..s 4.fSYlt!:r;F��+::
City Council Meeting Jund-'-8,,1977 -5-
PRELIMINARY PLAT - SARATOGA LANE: Jim Hawks and Doug Hanson were present. The City
PI anner gave a report. The property is located on the west side of Laredo Drive
north of the Chanhassen Elementary School and is zoned P-1. A part of this petition
is to vacate a portion of the street now known,as Saratoga Lane from the Patrick
Kerber property westward. The City Attorney has rendered that this is in fact.a
city street. The City Planner s-uggested that Hansen and Klingelhutz be required
to construct sidewalks along this. portion of Laredo Drive as Laredo Drive is a
collector street. The Planntng Commission held a public hearing and recommended
approval. The City Planner recommended approval subject to the installation of
sidewalks and the city successfully vacating a portion of Saratoga Lane.
Councilman Pearson moved to hold a public hearing on July 11, 1977, at 7:30 p.m.
to consider the vacation of a road now commonly known as Saratoga Lane. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor.Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried.
Councilman Geving moved to approve the preliminary plat,.as shown in.'Exhibi°t;8 dated
May 11, 1977, for Hansen and Klingelhutz .'Construction Corp. subject to: the Vacation
of a roast now know 'as Saratoga Lane. Motion seconded by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz.
No negative votes. Motion carried.
Councilman Pearson moved to grant -.Hansen and Klingelhutz Construction Corp. a grading
permit. Motion seconded by.Councilman Waritz. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion
carried.
PRELIMINARY PLAT AND REZONING - ROBERT REICHERT: Mr.. Reichert was present. requesting
rezoning of his property from R_lA to R-1 and approval to subdivide the property into
residential lots. The property is located on the north end of Lotus Lake. Sewer and
water are currently being installed to the property. The,Planning Commission held
a public hearing on the proposal and recommended approval "subject to a conservation
easement along the shore of Lotus Lake.
an ordinance
Councilman Pearson movedhto rezone the Reichert property from R-lA to R-1. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried.
Councilman Neveaux moved that the preliminary plat for Robert Reichert be approved
subject to the Planner's recommendation of May 31, 1977. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Waritz. No negative votes. Motion carried.
PLUMBING INSPECTOR FEES:' Mr. Hubert Forcier has requested an increase in his fee
to $11.50 per inspection. No action was taken to allow the City Manager to make a
specific recommendation regarding the proposed rate increases for plumbing permits
and to review the method used in payment of consultive inspector fees.
SHORELAND MANA(MMENT REGULATI'ONS': Councilman Neveaux moved. toplace elf-rst,, rearding
an or inance- to es tab s'`lr s antrards` and criteria for the management of municipal
shoreland areas within the City of Chanhassen incorporating by reference the DNR
Regulations 82, 83, and.84 and also incorporating the classification system that the
DNR has adopted for Chanhassen lakes. Motion seconded by Councilman Pearson. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz
No negative votes. Motion carried.
9.
HANSEN &
KLINGELHUTZ
construction, inc.
May 31, 1977
City Council
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
We, Hansen do Klingelhutz Construction, Inc., request approval for permission
to begin site grading the plan of Saratoga 1st and 2nd Additions of Western
Hills after preliminary plat approval.
Ve truly yours,
Douglas M. Hansen, Pres.
Thomas 0. Klingelhutz, Sec. Tres.
EM:TOK:kah
7198 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317
0 (612) 474-4146
HANSEN &
KLINGELHUTZ
construction, inc.
May 31, 1977
City Council
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota 55317
Members of the City Council:
We, Hansen & Kl:-_ngelhutz Construction Inc., request the driveway easement
be vacated from the point most westerly where the driveway easement touches
the Patrick Kerber property (Parcel D), west (N88°51'38r'W) across the
Hansen & Elingelhutz Construction, Inc. property to the west line of
Western Hills Addition (Parcel B).
This driveway easement would be ten feet more or less on each side of a
centerline and would include the 101 feet westerly portion to the curve as
shown on the attached survey.
Very truly yours,
Douglas M. Hansen, Pres.
Thomas 0. Klingelhutz, Sec. Tres.
ui:ilamm
7198 FRONTIER TRAIL 0 CHANHASSEN, MINNESOTA 55317
0 (612) 474-4146
Planning Commission Meeting May 11, 1977 -7-
argaret Thompson - Why do all nine lots have to have access to
1 e?
Bob Reichert - They probably won't. I would suspect that the is that
are rrounded by Near Mountain Project on the north end prob ly not
have a access except if they want it. They won't have an ndividual
outlot. In a lot of areas they will have a lot and they 1 11 say.
you have cess and they might not have an association. his is not
controlled t all. Here, I would hope, that if we do ve a common
area that pe le that will have either a lot or an o lot will take
it upon themse es to be on the architectural cont committee which
will control wh goes on. Whether we have any p king on that. We
could scratch all the parking and say no parkin or we could leave it
up to the architec ral control committee to termine if there is any
parking because this s the only place that ou have access. It is
the only place that I ink anyone should on this property to the
lake. Other than that don't want to ve individual docks on
different sites. The ass iation was nd of pushed on me with the
idea that this is the way ou can se le it without giving individual
people lots. I thought it w ld wo out. If it doesn't I would just
as soon abandon the idea of an as ciation and throw it up in the air,
go back to the plan of giving p le an outlot.
The City Planner suggested t t th Planning Commission continue the
public hearing until the se and Wedn day in June to allow the people
time to articulate their ncerns on is plat to the Planning Commissic
Bob Reichert - I would ke to take the ext step if there aren't any
strong objections.
Roman Roos - We have een on this for seve 1 meetings and we have
guided Mr. Reicher to the degree he is at r' ht now. He has gone along
with most of our ecommendations. I feel at is point in time,
speaking for my elf, that I can see no reason w we can't make a
recommendatio to the Council.
Roman Roos oved to close the public hearing. Motio seconded by Les
Bridger. Motion unanimously approved. Hearing close at 10:00 p.m.
REZ ING AND SUBDIVISION OF LAND - ROBERT REICHERT: Jerry eher moved
t table action until the next regular Planning Commission m eting.
otion seconded by Les Bridger. Motion unanimously approved.
PUBLIC HEARING
SARATOGA LANE PRD
HANSEN AND KLINGELHUTZ CONSTRUCTION CORPORATION
Dick Dutcher called the hearing to
interested persons were present:
Robert Navarro, 516 Laredo Lane
Greg Eidan, 501 Laredo Lane
Jim Hawks
Thomas Klingelhutz
Doug Hansen, 17001 Stodola Road,
Russell Larson
Thomas C. Hanon
Patrick Kerber
Bill Brezinsky
Craig Mertz
order at 10:00 p.m.
Minnetonka
The following
1 C-0*-14--
Planning Commission Meeting May 11, 1977 -8 -
The City Planner read the official notice as published in the Carver
County Herald.
The City Planner gave his report. The property is generally located
north of Chanhassen Elementary School and west of Laredo Drive. On
May 5, 1969, the City approved an overall plan for the Hansen and
Klingelhutz Construction Corp. Included in this plan was an area
of single family homes called Western Hills, an area called Laredo
Lane which was originally proposed as a townhouse area. ,Just north
of the school the city approved an area for townhouses and apartments
and north of that area is the proposed Saratoga Lane for single
family. Park land has been dedicated. An area north of the park
is designated as single family but the city put restrictions on that
area until a new north/south road is constructed.
Saratoga Drive as originally proposed was to intersect with Laredo
Drive just south of the original farmstead owned by Patrick Kerber.
This roadway location is a driveway to the Patrick Kerber and Bernard
Kerber residences. The City Planner suggested the roadway location
be changed for a number of reasons:
1. This roadway will provide the primary access to County Road 17
via proposed MSAS 101. He did not think the short cut to Excelsior
should intersect with a collector street at a verticle curve.
2. The cut involved with this roadway would leave the Kerber residence
high and dry on a hill.
3. With the construction of Laredo Lane there would be a street jog.
He suggested that Saratoga Lane be moved to the south where there are
better site distances.
The Planning Commission should address the problem of pedestrian
mobility along Laredo Drive because of the school. Laredo Drive
functions as a collector street. The city should look to a policy of
constructing sidewalks on all collector streets. The City Planner
suggested that Hansen and Klingelhutz be required to construct a
sidewalk through the two lots in proposed Saratoga Lane. He recommended
the Planning Commission look favorably on the proposed development
plan as suggested by Hansen and Klingelhutz conditioned upon Hansen
and Klingelhutz fulfilling other city requirements (concrete curb and
gutter, buried utilities).
Bill Brezinsky - I would agree with Bruce as to the location of the
intersection of Saratoga Lane with Laredo Drive for the same reasons
that he stated. We have had quite a bit of discussion as to the
length of cul-de-sacs and as required in the Zoning Ordinance. The
ordinance says they are not to exceed 500 feet. We keep seeing plans
and approving plans with lengths far exceeding 500 feet. It has to
do with certain pieces of property particularly smaller ones where it
becomes almost impossible to develop without having the long cul-de-sac.
That is the situation here. We feel that you still should retain the
restriction in the Zoning Ordinance of the 500 feet. There is good
reasons for that. If the cul-de-sac should get blocked off at the
beginning of it and an emergency arose. We don't want to see large
parcels coming in with long cul-de-sacs. Minnetonka ordinance is the
same as Chanhassen's. We think that restriction should remain in
the ordinance subject to variance. One part of the ordinance we think
should be changed regarding cul-de-sacs is the requirement of 120 foot
diameter right-of-way. It really isn't required for maintenance to
have that additional boulevard. It could be lowered to 100 foot
Planning Commission Meeting May 11, 1977 -9-
diameter. Sanitary sewer and water could be provided quite easily
to this property. Plans that have been submitted are adequate.
Jim Hawks - I think that in the Engineer's report he did mention 100
foot radii on the corners. This particular plat that I put up was
redrawn to reflect 100 foot radii. Since then we have had a couple of
meetings with Mr. Pat Kerber. This plat proposed that the cul-de-sac
would come in to about 10 feet of his property. We in turn were
going to give him a corner property. He has decided that he doesn't
want what we proposed. As a result we have got a third plan. What
we proposed is that the lot south of Mr. Kerber's house would be
an outlot. Since we no longer need to come up to serve that property
the cul-de-sac has been shortened. I guess that's the only changes
that have occurred.
Dick Dutcher - Would this newly created outlot normally be a buildable
lot?
Bruce Pankonin - Yes. It far exceeds the standards.
Dick Dutcher - What do you choose to exclude it at this time?
Jim Hawks - We are in a state of confusion right now on the status
of this driveway (present Saratoga). Rather than trying to settle
it right now, we have got come up with a better solution as to how to
provide access to that lot and not use up this lot so rather than let
that hold up the proceedings we would just as soon cut it out and let
it sit there for a while and hopefully have the plat move ahead. .
Bruce Pankonin - The Planning Commission should notes that the exception
is two buildable sites. Mr. Kerber could get another lot out of this
two ways; he would have to have access on a public road, either
Saratoga as originally proposed and rejected by us or the cul-de-sac.
The second plan would abort any potential for Mr. Kerber to replat that
lot and put another house on it.
Dick Dutcher - Will we as a city have problems with this later on?
Jim Hawks - Well, I would suspect as long as the space is there somebody
is going to try to use it and they will try to use it as close to or
far beyond the ordinance as you will let them.
Russell Larson - I have been concerned about the existing Saratoga Lane
problem because I have talked with Mr. Hannon on it and Bruce but
apparently the second plan that Jim outlined for you is acceptable to
the Kerber interests.
Tom Hannon, Attorney representing Pat Kerber - We don't have any
problems with the development of this plat except for the fact as the
road. Saratoga Drive on the original plan goes past his property on
the south. You say that's.not a road. I believe it is and I very
strongly believe that's a road. I would be more than happy to explain
that to you. I brought the statute along. I have done quite a_bit of
research on this and I'm willing to grant you that that alleged road
as everyone calls it, that runs to the south of his property in fact
has never been platted.and does not show up on any legal document. I
have researched down at the county recorders office and there is no
mention of that road anywhere. However, that statute there says that
if the public, i.e. the city, takes over the repairs and construction
of the road for six years, the city has got a road. I have spoken to
your City Attorney about this. There appears to be no question whatso
ever that; and I spoke to Mr. Henry Wrase and discussed this problem
with him and he stated that the city plows that road in the wintertime.
It grades that road. It keeps it in repair and put gravel on the road
and has been doing that for years. That road was given by the Kerber's
Planning Commission Meeting May 11, 1977 -1 0-
to the Township of Chanhassen in the 1930's and when the Township was
absorbed by the City of Chanhassen they kept right on repairing it.
We could supply many, many witnesses to that point. What happens is
that you simply inherited the road. It's now a public road of Chanhasse
and it is our belief if there is any altering of that road, we don't
care what you do with it west of the Kerber property, but if you touch
that road without going through the proper public, vacating it, you
are going to have a lawsuit. You are going to have an injunction.
I think we are on very strong ground. If -you vacate the road there
is strong Supreme Court opinions that to vacate a public road and that
road was in existance as it was when Hansen and Klingelhutz purchased
it you have an implied easement going over that. Mr. Kerber is always
going to have an easement as long as he lives on that property going
from his property to Laredo Drive. We came to a friendly agreement
on this to maintain the status quo but you have a public road there
and if it's altered in any way the city is going to be looking at
damages and an injunction. Our agreement was to leave it exactly as
it is and we're most happy to do. We want that cul-de-sac as that
plat shows off the Kerber property with the assumption that he has
an easement hook up somewhere. We can't seem to find anyone in
Chanhassen who will tell Mr. Kerber exactly where he can hook up his
sewer. Does anybody have any idea where the Kerber property's sewer
line is supposed to hookup to the main trunk?
Bill Brezinsky - There is a service on Laredo right now to the
property. The utility plan that we saw last time there would be service
also provided on the cul-de-sac. If the cul-de-sac is moved back
as shown on what we are looking at now of course there wouldn't be.
Tom Hannon - Then that plat on the left is acceptable to us if it
maintains the status quo and nothing will be done with the road.
We have had many meetings with Mr. Pankonin, Russell Larson, and
Hansen and Klingelhutz. It's not something that we have pulled out of
left field. This is a ligitimate. You have got a public road there.
It's not platted and you may not want to admit it but you've got it.
Russell Larson - The extent of the meetings that have had with me have
been telephone conversations several days ago with Mr. Hannon who spoke
with me from Bruce's office and raised the question. I advised Bruce
and Mr. Hannon and Mr. Kerber to sit down with Hansen and Klingelhutz
and see what could be worked out. I don't want to get the city
involved in a lengthy research project involving whether or not a road
exists. I am advised by Mr. Hannon that the second plan is acceptable
to Mr. Kerber and obviously it must be acceptable to H. & K. The
service for sewer to Mr. Kerber's existing house is available in Laredo
Drive I understand from the Engineer. What ultimate disposition may be
made of that road is something that I don't know that we want to get
into at this time. The road as it goes in front of the existing Pat
Kerber property. You will have to vacate the end of that Saratoga
Road.
Jim Hawks - If you do that then you admit it's a road. If we leave this
as an outlot then the difference of opinion is all confined in that
outlot and we sill have to someday arrive at what to do with it.
In the meantime it will stay just like it is.
Tom Hannon - The cases say it is a wide to the extent it is being used.
In other words including the ditches and drainage. It is what it is
regardless of the measurement.
Roman Roos - On this proposed gravel whatever it is, that road goes
from Laredo west, again not knowing in terms of the alteration of that
road does that create a problem for the city if there is some legal
Planning Commission Meeting May 11, 1977 -1 1-
implication as to that being a road or not.
Russell Larson - If a determination is made by the office of the City
Attorney that indeed a road. does exist there, then we would. recommend
that it be vacated from the cul-de-sac westward under an agreement
that, I understand there is an agreement with Bernie Kerber who lives
northwest of the plat that he is agreeable so long as H. &. K. give him
access either along the western limits of the plat or through one of
the lots up in the northwest corner.
Roman Roos - I have no objections at all with this plat except from
the city liability standpoint on that road.
Dick Dutcher - Should it be determined that there is in fact a road
as is being alleged or stated by this gentleman.
Les Bridger - Say that's vacated westward, how about eastward? If that
was admittedly declared a roadway would then the exception piece of
property be in a position to be subdivided and have access to Laredo
Drive?
Russell Larson - That might depend upon what the City Council would
decide with respect to that short piece of road whether they want to
continue to maintain it or not. Even though we open a road or a road
is dedicated I don't think we have any continuing commitment to
maintain it. I just can't answer that because I don't know what we
would do with that road. It may well be that time will take care
of whatever problems have arisen here on this particular plan.
Bruce Pankonin - An agreement was made between H. & K. and Kerber
regarding access to that and switching of lot lines so the issue
wouldn't come up. Friday afternoon that was all null and void.
Dick Dutcher - If it is in fact a public road bed as being alleged
regardless what they as private developers or owners are concerned with
that issue has to be resolved. I am surprised that it hasn't taken
place prior to the platting of the land.
Jim Hawks - We are going to have to face up to it. We are trying to.
We haven't admitted that there is a road. You have to start with that
admission first before you can start vacating it. If it is a public
road then H. & K. bought it. There was a provision however, in there
that said that the road would be graded, that access would be graded.
The assumption was that Mr. Kerber owned the property, Mr. Kerber sold
the property and he sold the property south of the line which is the
property he kept. I guess we didn't think we bought a public road..
We thought we bought developable land.
Tom Hannon - You cannot buy a public road. You may have the fee
underneath the road or something like that but you do not buy the road.
The public road is a public road. It means exactly that.
Jim Hawks - How can you sell it?
Tom Hannon - You can't sell a public road.
Doug Hansen - Pat sold it to us.
Tom Hannon - He may describe the land underneath it.
Russell Larson - I would say you (Planning Commission) can take your
action on the proposed plat subject to resolution of the Saratoga Drive
question. -
Tom Hannon - I would like to make one more point. If the right-of-way
of the cul-de-sac comes back and touches the public road or interrupts
the public road as it applies to south of the Kerber property, we are
going to seek an injunction against both Chanhassen and H. & K.
Russell Larson - What's the basis for your position on that?
Tom Hannon - Simply because you can't interfere with a public road like
that.
Russell -Larson - Are you saying that we cannot connect a public road
to a public road?
Planning Commiss^in Meeting May 11, 1977 '`� -12-
Tom Hannon - No.
Russell Larson - You just got through saying that.
Tom Hannon - I wasn't aware that was a public road.
Russell Larson - You argued that Saratoga is a public road. We are
connecting to a public road with a cul-de-sac. You are saying we can't
do that.
Tom Hannon - You are admitting that is a public road then.
Russell Larson - You admitted in your premise.
Tom Hannon - If you want to make it a complete thoroughfare there fine.
I am saying don't alter that road until it is determined what it is.
Russell Larson - I don't like the matter of having injunction thrown
at us verbally and be threatened with a lawsuit in a public hearing.
Tom Hannon - It was my impression that construction was going to start
immediately on this or am I wrong.
Dick Dutcher.- As I stated at the outset of the public hearing, the
Planning Commission is not a body which can grant such powers. After
this matter has been reviewed by the Planning Commission it will go
to the City Council and they would be the ones to officially approve
or disapprove.
Tom Hannon - I was under the impression that construction was going to
start next week.
Bob Navarro - I live in Laredo Lane. I think I can speak for most of
the people in Laredo Lane and my question is on the opposite end of
the driveway. My concern at this point and I had a meeting with Don
Ashworth last week, is in regard to a potential traffic problem at
the intersection. We have one existing now and we always had one.
The problem is when you are coming west on Laredo Lane to enter Laredo
Drive you are just about completely blocked out and it causes one heck
of a problem there. It is lucky nobody has gotten hit at this point.
I understand they are going to tear down a portion of.the berm on the
south side of Laredo Lane so we get improved vision looking to the
south.
Bruce Pankonin - The City Engineer and I went out and both concluded
the berm on the south side of the road has to be cut back, the pine
tree has to be moved and some ash and maple have to be moved also.
I mentioned that to Tom (Klingelhutz) and we really didn't come to any
conclusion about who would be paying for all that.
Roman Roos moved to close the public hearing. Motion seconded by Jerry
Neher. Motion unanimously approved. Hearing closed at 10:50 p.m.
SARATOGA LANE PRD: Les Bridger moved that the Planning Commission
recommend to the City Council that we have reviewed the material
presented this evening and are in agreement that Exhibit B presented
at the public hearing May 11, 1977, seems to be agreeable to both
the developer and the landowner and we, as a Planning Commission tend
to go along with their feelings and recommend that the City Council
look favorably on Exhibit B subject to the resolution of the issue
presented by the alleged public road designated as Saratoga Drive.
Motion seconded by Jerry Neher. Motion unanimously approved.
HESSE FARM - REPLAT OF LOTS 10, 11, AND 12, BLOCK 1: Frank Berg was
present. In May 1975 the Council granted plan approval to Harold Hess
to subdivide his property on Bluff Creek Drive,subject to a number of
conditions, they entered into a development contract.. Since that date
the Hesse's have found it to future buyers best interests to redesign
Lots 10, 11, and 12, Block 1. This would create two better buildable
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CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
MEMORANDUM
TO: Planning Commission, Staff and Hansen and Klingelhutz Construction
Company
FROM: Bruce Pankonin, City Planner
DATE: May 9, 1977
SUBJ: Hansen and Klingelhutz Saratoga Lane Addition, Preliminary
Development Plan Public Hearing
PLANNING CASE: P-333
Please include the attached to your copy of Exhibit 1, Hansen and
Klingelhutz Saratoga Lane Addition:
Enclosures
7. City Planner's Report dated May 9, 1977.
CITY OF
CHASHASSER
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317
(612) 474-8885
PLANNING REPORT
TO: Planning Commission, Staff and Hansen and Klingelhutz
Construction Company
FROM: Bruce Pankonin, City Planner
DATE: May 9, 1977
SUBJ: Hansen and Klingelhutz Saratoga Lane Addition, Preliminary
Development Plan Public Hearing
PLANNING CASE: P-333
Petition
The petition before the Planning Commission is a public hearing to
consider platting of "Saratoga Lane Addition". The criteria for
evaluating said addition is found in attached exhibits 1 through 5,
inclusive.
Planner's Comments
From a planning perspective, I feel the addition, as proposed, reflects
sound planning practices and I recommend the planning commission
find the proposed addition to be positively consistent with the
spirit and intent of Chanhassen's City Plan.
Ol
An issued come before the Planning Commission/is the location of
Saratoga Lane. As you know, Hansen and Klingelhutz received preliminary
planned unit development approval back in 1969. At that time, the
City Council accepted 10+ acres of land for park purposes, a general
road layout and general areas for different types of dwelling units.
The subject property in 1969 was proposed to be an area for townhouses,
multiple dwelling units and single family homes. In addition, Hansen
and Klingelhutz's proposed Saratoga Lane to intersect Laredo Drive at
the south edge of the labeled"exception parce O I suggested modifications
to the original concept and move Saratoga Drive 300 to 400 feet south
of the original location. I requested this modification for the
following reasons:
1). Saratoga Drive will function as a short cut to Excelsior
after the completion of MSA 101 to the west. Because of
this potential, I felt the site distances in the original
location of the roadway would be inadequate and therefore
suggested the move to the south.
Planning Commissic -2- 1 May 9, 1977
2). The location in the original proposal could possibly
require the construction of retention walls because
of the significant cut along the southern extent of
the parcel labeled d&xception.11
3). The original location would create a street —jog with
the intersection of Laredo Drive, to the east, and the
proposed Saratoga Lane. The move would alleviate the
street jog.
Laredo Drive
Although not specifically planned for collector street status, Laredo
Drive does in fact function as a collector street penetrating the
Western Hills -Sunrise Hills neighborhoods and depositing neighborhood
traffic on arterial streets (West 78th Street and future MSA 101).
The mobility function of Laredo Drive coupled with the presence of
Chanhassen Elementary School on the roadway causes this planner to
believe the City should institute a policy of providing protected
walking areas for pedestrians along the roadway. As such, this
planner suggests the city should institute a policy of requiring
developers to dedicate and construct sidewalks on one side of a
collector street during the development process. In areas where
it is fully developed, the city should look to capital improvements
and assessment policy to construct said sidewalks. In the case of
the Hansen and Klingelhutz development (fully developed with some
development potential) the city could require Hansen and Klingelhutz
to construct sidewalks along their portion of the roadway and assess
sidewalks in the remainder of the neighborhood.
Planner's Recommendation
I recommend the Planning Commission look with favor upon the proposed
development as.�lsuggested by Hansen and Klingelhutz Development Corp.
This approval would be conditioned upon Hansen and Klingelhutz, along
with fulfilling all other city requirements, construct a sidewalk
along the side or rear lot line of proposed Lots 7 and 8, Block 1,
respectively.
if
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 APRIL 19 19 77 the duly qualified and
acting City Clerk -Administrator of the City of Chanhassen, Minne.sot�L; that on said
date he caused, to be mailed a copy of the attached, notice of -,hearing on a
Hansen & Klingelhutz Preliminary.Devel.opment Plan — Saratoga Lane 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 otner
appropriate records .
DON ASHWORTH
Subscribed and sworn,to before me
this �C_ day of . 1977.
Notary blic
.h r ;Y rtL NGELHUTZ
.10TARY PUBLIC-MiN,NESOTA
CARVER COUNTY
My Commission ''-�x,�ire�s Jan. 30, 198'
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING
PROPOSED PRELIMINARY DEVELOPMENT PLAN
FOR HANSEN/KLINGELHUTZ DEVELOPMENT CORPORATION
CHANHASSEN, MINNESOTA
NOTICE IS HEREBY GIVEN That the Planning Commission of the
City of Chanhassen, Minnesota, will meet on Wednesday, the llth
of May, 1977, at 9:30 o'clock P.M. at the City Hall, 7610 Laredo
Drive, Chanhassen, Minnesota, for the purpose of holding a public
hearing on the proposed Preliminary Development Plan for Hansen/
Klingelhutz Development Corporation and involving the following
described 19.0+ acre tract of land:
The East half (E2) of the Southwest quarter (SW a) of the
Northwest quarter (NW 4) and the East half of (E 2) of the
Northwest quarter (NW 4) of the Southwest quarter (SW 4)
of Section Twelve (12), Township 116, Range 23, West of
the Fifth Principal Meridian.
EXCEPT:
That part of the East Half of the Northwest quarter of
the Southwest quarter of Section 12, Township 116 North,
Range 23 West of the 5th Principal Meridian lying Easterly
of the line 30.00 feet Westerly of and parallel with the
following described line:
Beginning at the Southeast corner of said East Half of
the Northwest quarter of the Southwest quarter; thence on
an assumed bearing of North 0 degress 58 minutes 22 seconds
East along the East line of said East Half of the Northwest
quarter of the Soutwest quarter a distance of 581.57 feet;
thence Northeasterly a distance of 661.64 feet along a
tangetial curve concave to the souteast having a radius
of 473.09 feet and a central angle of 80 degress 07 minutes
50 seconds; thence North 81 degress 06 minutes 12 seconds
East tangent to said curve a distance of 100.0 feet and
said line there terminating.
AND ALSO EXCEPT:
That part of the East z of the Northwest Quarter of the
Southwest Quarter of Section 12, Township 116 North,
Range 23 West of the 5th Principal Meridian described
as follows:
Beginning at the most northerly corner of Outlot A,
Western Hills 2nd Addition, according to the recorded
plat thereof; thence on an assumed bearing of North 31
degress 00 minutes 00 seconds West, on the northwesterly
extension of the northeasterly line of said Outlot A,
a distance of 8.177 feet; thence South 82 degrees 43
minutes 39 seconds West a distance of 169.42 feet; thence
South 0 degrees 58 minutes 22 seconds West a distance of
160.88 feet; thence southeasterly a distance of 216.56
feet, along a nontangetial curve concave to the southwest
having a radius of 794..00 feet and a central angle of
15 degrees 37 minutes 39 seconds, to a point on the westerly
right-of-way line of Laredo Drive as dedicated in the plat
of said Western Hills 2nd Addition, distant 6.01 feet
southerly from the most southerly corner of said Outlot A;
thence northerly, along said westerly right-of-way line,
a distance of 6.01 feet, to the most southerly corner of
said Outlot A; thence northerly, along the westerly line
of said Outlot A, a distance of 163.74 feet, to the point
of beginning.
A plan showing said proposed Preliminary Development Plans
is available for inspection at the City Hall.
All persons interested may appear and be heard at said time
and place.
BY ORDER OF T CANNING COMMISSION
Bruce Pankonin, City Planner
DATED: April 18, 1977
Published in the Carver County Herald on April 20, 1977.
v
Mr, Ed Wilch
-� 7441 Longview rcle
Chanhassen, MN 55317
Mr: Gregory Eidam Mr. Don Stafford
501 Laredo Lane ` 7421 Longview Circle
Chanhassen, MST 55316 Chanhassen, MN 55317
Hansen and Klingelhutz Mr. Donald Ashworth
516 Del Rio Drive 7441 Longview Circle
Chanhassen, MN 55317 Chanhassen, MN .55317
Mr. Warren
Carlson
7420 Longview Circle
�3 rt Chanhassen, en, MN 55317
All" I
Mr. Craig. Mertz, r
501 Laredo Lane+
Chanhassen, Mn 55317
i
j Mr. Robert Halverson J. Robert Voightsberger
511 Laredo Lane 7400 Longview Circle
Chanhassen, MN .55317 Chanhassen, MN 55317
i
Mr. John Olsen•,
51.4 Laredo Lane.
Chanhassen, MN 55317
Mr. Richard..Sult
-515 Laredo Lane
Chanhassen, MN 55317
Mr. Robert Navarro
516 Laredo Lane
Chanhassen, MN 55317
Mr, Wilber Aydt
515 Del Rio Drive
Chanhassen, MN 55317
Mr. Raymond Christensen
513 Del Rio Drive
Chanhassen, MN 55317
Mr. Patrick Kerber
600 Saratoga Lane
Chanhassen, MN 55317
Mr. Bernard Kerber
Box 57
Chanhassen, MN 55317
at' School District 112
Chaska Senior High Schoo3
Highway 41
Chaska, MN 55318
Mr. John Brose
780 W..78th Street
Excelsior, MN 55331
AFFIDAVIT S PUBLICATION
CITY OF CHANHASSEN
CARVER ANDHENNEPIN
SOTA 6tate of j(jtYtuWetr tall
COUNTIES,M[NNESOTA �11�4 ilL7� LK
NOTICE OF PUBLIC HEARING ss.
PROPOSED PRELIMINARY
DEVELOPMENT PLAN County of......�'.�'ver
FOR HANSEN/KLINGELHUTZ "" "' "' """"
DEVELOPMENT CORPORATION Tut
CHANHASSEN,MINNESOTA WM. McGarry ............. being duly sworn,
NOTICE IS HEREBY GIVEN That the .............................................. .
Planning Commission of the City of on oath says he is and during all the times herein stated has been the publisher and printer of
Chanhassen, Minnesota, will meet on
Wednesday, the llth of May, 1977, at 9:30 (; aI' V B r , C 0u11 Gy...,G2'.� .C.. d has full
O'clock P.M. at the City Hall, 7610 Laredo the newspaper known as ...................... ................... an
Drive, Chanhassen, Minnesota, for the knowledge of the facts herein stated as follows: (1) Said newspaper it printed in the English
purpose of holding a public hearing on the
proposed Preliminary Development Plan language in newspaper format and in column and sheet form equivalent in printed space to at
for Hansen/Klingelhutz Development
Corporation and involving the following least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
described 19.0 plus or minus acre tract of week. (3) Said newspaper has 50 percent of its news columns devoted to news of local interest
land:
The East half (Eli) of the Southwest to the community which it purports to serve and does not wholly duplicate any other. publica-
quarter t WL4) and the East half of p y of of the Northwest
quarter (N�4lion and is not made u entirely patents, plate matter and advertisements. (4) Said news-
( Ei2 ) of the Northwest quarter paper is circulated in and near the municipality which it purports to serve, has at least 500
(NW'4) of the Southwest quarter
iSW'4) of Section Twelve (12), copier regularly delivered to paying subscribers, has an average of at least 75 percent of its total
Township 116, Range 23, West of the circulation currently paid or no more than three months in arrears and has entry as second -
Fifth Principal Meridian.
EXCEPT:
That part of the East Half of the class matter in its local post -office. (5) Said newspaper purports to serve the...... 91tl ............
Northwest quarter of the Southwest
quarter of Section 12, Township 116, C
North, Range 23 West of the 5th of.........Chaska...................................in the County of .... ....aryor....................................... ......
'Principal Meridian lying Easterly of y,
the line 30.00 feet Westerly of and and it has its known office of issue in the_ ...0 tr�.............of.....`.6.4.�r�.k.a.................................
parallel with the following described
line: in said county, established and open during its regular business hours for the gathering of
Beginning at the Southeast corner of news, sale of advertisements and sale of subscriptions and maintained by publisher of Said
said East Half of the Northwest
Quarter of the Southwest quarter; newspaper or persons in his employ and subject to his direction and control during all such
thence on an assumed bearing of North 0 degrees 58 minutes 22 seconds regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy
East along the East line of said East of each issue immediately with the State Historical Society. (7) Said newspaper has complied
Half of the Northwest quarter of the
Southwest Quarter a distance of 581.57 with all the foregoing conditions for at least two years preceding the day or dates of publication
feet; thence Northeasterly a distance mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
of 661.64 feet along a tangential curve
concave to the southeast having a to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the
radius of 473.09 feet and a central
angle of 86 degrees 07 minutes 50 Secretary of State and signed by the publisher of newspaper, and sworn to before a notary
seconds; thence North 81 degrees 06 public stating that the newspaper is a legal newspaper.
minutes 12 seconds East tangent to
said curve a distance of 100.0 feet and
said line there terminating. He further states on oath that the printed Notice hereto
AND ALSO EXCEPT: attached as a part hereof was cut from the columns of said newspaper, and was printed and
That part of the East % of the Nor-
thwest Quarter of the Southwest
Quarter of Section 12, Township 116 published therein in the English language, once each week, for .........
7On6 ..successive weeks,
North, Range 23 West of the 5th `�Ihur8C1&�f 27.5 t y
Principal Meridian described as
follows: that it was first so published on ..... .................................the......,....,...,...............,........................ a o
Beginning at the most northerly A ri 1 7
corner of Outlot A, Western Hills 2nd P......................._........._.................,'1977. and was thereafter printed and published on
Addition, according to the recorded
plat thereof; thence on an assumed ever
bearing of North 31 degrees 00 minutes y... ............................ .•...... ................ •...... .to and including the. ............. ......... ...................... .... ....
00 seconds West, on the northwesterly
extension of the northeasterly line of day of....... ......... ......... .......... .... .............................19........ and that the following is a printed copy
said Outlot A. a distance of 8.177 feet; thence South 82 degrees 43 minutes 39 �
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
seconds West a distance of 169.42 feet; the size and kind of type used in corz on and publication of said notice, to -wit:
thence South 0 degrees 58 minutes 22 13
seconds West a distance of 160.88 feet; r
thence southeasterly a distance of a fghijkl pgrst yz
216.56 feet, along a nontangential
curve concave to the southwest having +......
a radius of 794.00 feet and a central
angle of 15 degrees 37 minutes 39 � + —
seconds, to a point on the westerly Subscribed and sworn to bejor n this.. �. da) n, 19.7
�..
right-of-way line of Laredo Drive as
dedicated in the plat of said -Western
Hills 2nd Addition, distant 6.01 feet
southerly from the most southerly
corner of said Outlot A; thence nor- ,N'otar), Public..._ ............... ......__...... ___ _._.. ... County. Afinnesota
therly, along said westerly right-of-
way line, a distance of 6.01 feet, to the Commission Expires...... 04.� 19 O�
most southerly corner of said Outlot
A; thence northerly, along the
westerly line of said Outlot A, a
distance of 163.74 feet, to the point of
beginning
A plan showing said proposed
Preliminary Development Plans is
available for inspection at the City Hall. LORRAINE LANO
All persons interested may appear and
be heard at said time and place. Il NOTARY PUBLIC — MINNESOTA
Dated: April 18, 1977 t CARVER COUNTY
BY ORDER THE
PLANNING COMMISSION _ MY CortlRlisSion Expires June '19,1982.
Bruce Pankonin, City Planner
Published in the Carver County Herald
• April 21, 1977.)
CITY OF
CUSBASSEN
7610 LAREDO DROVE 0 P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885
MEMORANDUM
TO: Planning Commission, Staff and Hansen and Klingelhutz
FROM: Bruce Pankonin, City Planner
DATE: April 7, 1977
SUBJ: Hansen and Klingelhutz Saratoga Lane Addition, Preliminary
Development Plan Review
PLANNING CASE: P-333
Please include the attached to your copy of Exhibit 1, Hansen and
Klingelhutz Saratoga Addition.
Enclosures
4. Preliminary Development Plan, Preliminary Grading Plan and
Preliminary Utility Plan.
5. City Engineers report dated April 6, 1977.
6. City Planner's report dated April 7, 1977.
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
(812) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS. MINNESOTA 55343
OFFICES AT HURON, SOUTH DAKOTA AND DENTO N, TEXAS
April 6, 1977
City of Chanhassen
c/o Mr. Bruce Pankonin, City Planner
Chanhassen, Minnesota 55317
Subject: Saratoga Addition
Preliminary Plat Review
Our File No. 9434
Gentlemen:
As requested, we have reviewed the subject preliminary plat
dated March 29, 1977. Our comments follow.
Streets.
The street arrangement provides adequate interior access to
all subdivision lots. Approval -of the street plan would require
variances of certain ordinance standards.
Access to the area will -be provided both from existing Laredo
Drive to the east and future MSAS 101 about 500 feet to the west.
Land acquisition for MSAS 101 is proceeding now with construction
anticipated in 1977 or 1978.
The right-of-way width required by ordinance is 50 feet. The
60-foot width shown for the entrance from Laredo Drive to Saratoga
Circle, and for the street extending westward, could be reduced to
50 feet. The 50-foot radius shown on the two cul-de-sacs should
be 60 feet according to ordinance. Saratoga Circle will require
acquisition of a triangular shaped part of the Kerber property.
Street grades are in conformance with ordinance standards.
The maximum street grades are 4% compared to an allowable 7%. The
grade within 30 feet of the Saratoga Drive -Laredo Drive intersec-
tion is less than the maximum 3% allowed.
The northerly cul-de-sac is 1,080 feet long compared to a
500-foot maximum required by ordinance. We do not consider this
a significant problem.
SCHOELL & MADSON.INC.
City of Chanhassen April 6, 1977
c/o Mr. Bruce Pankonin, City Planner
Page 2 Subject: Saratoga Addition
The radius of the two curves on the long cul-de-sac should be
increased to 100 feet to conform to the ordinance.
The final design section will consist of a 28-foot wide, 7-ton
capacity paved street with concrete curb and gutter.
Drainage.
The northerly 7.5 acres will drain to the ponding area in
Western Hills Park. The utility plan proposes to direct the runoff
from this area to a catch basin between Lots 5 and 6 of Block 1 of
the 2nd Addition and convey into the park area through a storm
sewer between the lots. Three catch basins will be required to
collect the runoff from this area. The remainder of the subdivision
will drain to Laredo Drive.
Sanitary Sewer and Watermain.
The sanitary sewer and water systems shown on the utility plan
will adequately serve the proposed plat.
Recommendations.
The street plan should be modified to conform more closely
with ordinance standards. In other respects, we recommend approval
of the proposed plat.
Very truly yours,
SCHOELL & MADSON, INC.
WJBrezinsky:sg
CITY OF
HANBASSEN
7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885
PLANNING REPORT
DATE: April 7, 1977
TO: Planning Commission, Staff and Hansen and Klingelhutz
Construction Company
FROM: Bruce Pankonin, City Planner
SUBJ: Preliminary Plan Review for Saratoga Addition
PLANNING CASE: P-333
Background
The criteria for evaluating Hansen and Klingelhutz's proposed
Saratoga Addition -is found in City Ordinance 47, Section 14,
Subdivision 14.05. Documents submitted to date comply with
City Ordinance provisions.
Planner's Comments
The lot layout as proposed is consistent with Hansen and Klingelhutz's
overall PUD plan approval and good planning procedures. I suggest
the Planning Commission look favorably on the developer's request
and instruct the developer to incorporate the concerns of the City
Engineer as outlined in his letter dated April 6, 1977.
Planner's Recommendation
A public hearing should be ordered to consider the developer's
request. Said public hearing should be held on May 10, 1977.
O UTION ,�,
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 553170(612) 474-8885
MEMORANDUM
DATE: March 8, 1977
TO: Planning Commission, Staff and Hansen and Klingelhutz
Construction Company
FROM: Bruce Pankonin, City Planner
SUBJ: Planned Unit Development Review for Proposed Saratoga Lane
Addition
PLANNING CASE: P=333
As shown in enclosure 1, the petitioners are proposing a Planned
Unit Development consisting of 33 single family lots, 12 zero -lot
line houses, and an apartment area.
Background
1. Previous Council Actions: On May 5, 1969, the Chanhassen
City Council approved a total development plan for the Hansen and
Klingelhutz, Western Hills Subdivision. Included in this plan were
townhouse areas (noWexisting Laredo Lane Addition), single family
areas, multiple family residential areas, and open space systems.
Since 1969, Hansen and Klingelhutz has been building to implement
the heretofore approved plans. Parenthetically, the proposal before
the Planning Commission at this time is consistent with the plans
previously approved by the City Council.
2. Community Location: As shown in enclosure 1, the subject
property is approximately 20 acres located directly north of the
Chanhassen Elementary School.
3. Existing Zoning: The subject property is zoned P-1,
Planned Community Development. This zoning is given in response
to the previously approved Planned Unit Development petition.
4. Comprehensive Plan Proposal: The subject property as shown
in the existing Comprehensive Plan is to assume a low density and
multi -family residential identity.
Planning Commissio, -2- March 8, 1977
5. Transportation Plan shows a collector street (MSA 101
beginning at West 78th Street thence northward to the Carver Beach
Neighborhood, thence westward and terminating in the Greenwood Shores
area).
From a planning perspective, the subject property, and the bulk of
Western Hills, should be connected via a local access road to this
north south collector street. In addition t6--city plans shows a
greenway system in the northern margins of this planned unit development
petition.
Planner's Comments
1. The criteria for evaluating Planned Community Development
proposals is identified in Section 14 of City Ordinance 47. The
purpose of the P-1 use district, among other things, is to: "Provide
the means for greater creativity and flexibility. . . ." "Provide
for the establishment of regulations and procedures for Planned
Unit Developments. . . .developments to meet the needs for moderate
and low cost housing. . . .without sacrificing quality, construction
and the city's. . . .tax base."
2. During the sketch plan stage, the Planning Commission should
only comment on the proposal's consistency with the existing City
plan.
Planner's Recommendation
I think the developer should be encouraged to proceed with preliminary
development plans. The City should take special note.of active
recreational needs which will be generated by this development and
the existing and future residents in the area. Specifically, the City
should begin planning on active recreational areas immediately west
of the subject property and tie these active areas to the previously
dedicated passive recreational areas.
,_,,IOLUTION Q,
1776-1976
CITY OF
CHANHASSEN
7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317®(612) 474-8885
MEMORANDUM
DATE: March 6, 1977
TO: Planning Commission, Staff and Hansen and, Klingelhutz
Construction Company
FROM: Bruce Pankonin, City Planner
SUBJ: Planned Unit Development Review
PLANNING CASE: P-333
Attached hereto for your consideration and review, are the following
enclosures submitted in support of Hansen and Klingelhutz's proposed
Planned Unit Development to be located directly north of Chanhassen
Elementary School.
Enclosure
1. Sketch Plan dated March 7, 1977.
2. Procedures fcjr Planned Unit Development Review.
3. City Planner's Report dated March 7, 1977.
-27-
PLANNED RESIDENTIAL DEVELOPMENTS (PRD)
PLANNED COMMUNITY DEVELOPMENTS (PCD)
Chronolo,
Introduction
The City being confronted with increasing urbanization and
acknowledging that technology of land development and demand
for housing are undergoing substantial and rapid changes, intends:
1. To provide the means for greater creativity and flexibility
in environmental design than is provided under the strict
application of the zoning and subdivision ordinances without
compromising the health, safety, order, convenience and
general welfare of the City and its residents:
2. To encourage the more efficient allocation and innovative use
of common open space adjoining residential buildings in order
that greater opportunities for better housing and recreation
may be extended to the residents of the City.
3. To provide for the establishment of regulations and procedures
for planned residential district development designed to meet
the need for moderate and low cost housing, including the uti-
lization of preconstructed and preassembled dwelling units of
a permanent nature without sacrificing quality construction
and assembly standards and tax base; and
4. To provide administrative procedures which can relate a planned
development district to a particular site and which may encourage
the disposition of planned development district proposals without
undue delay.
Step -by -Step Procedure for Processing an Application for Planned
Residential Development. (Ref. Ordinance #47, Section 14).
Step 1. PETITIONER
a. Initial Information. All applications for PRD or PCD shall
be filed in the office of the Zoning Administrator and shall be
accommodated by adequate evidence that PRD or PCD will be under
Single Ownership or Unified Control.
-28-
b. Additional Information - Sketch Plan
The applicant may prepare a sketch plan of the proposed development
for review by the Planning Commission. Such sketch plan will be
considered as having been submitted for informal discussion between
the applicant and the Planning Commission.
Step 2. ZONING ADMINISTRATOR
a. Reviews documents submitted in Step 1 above, and request
any additional information from petitioner.
b. Forwards copies of petition to other staff or governmental
agencies (i.e. Metropolitan Council, Department of Natural Resources,
Minnesota Highway Department, Watershed District, Environmental
Quality Council, adjacent governmental units, Industrial Commission,
Central Business District Committee,Fire Chief, Park Board, etc.)
as deemed appropriate at least fourteen (14)• days prior to the
Planning Commission meeting.
C. Prepares planning report which includes comments from
other staff and forwards copies to each Planning Commission member
and petitioner no later than Friday prior to the Planning Commission
meeting.
Step 3. PLANNING COMMISSION
a. Reviews documents and reports as submitted in Step 1
and 2 above.
b. Hears petitioners informal presentation of the proposed
PRD or PCD.
C. Advises the petitioner of the extent to which the sketch
plan conforms to the Comprehensive City Plan, Zoning Ordinance
and other ordinances of the City.
Step 4. PETITIONER
a. Reviews the comments made in Step 3 above.
b. Prepares a Preliminary Development Plan containing the
following information:
(1) Maps and drawings which may be in a general schematic
form and showing: a) enough of the area surrounding the proposed
development to demonstrate the relationship of the planned development
to adjacent uses, b) proposed land uses, area, population densities
and land use intensities for each area of land included in the proposed
development, c) existing topography,
-29-
(1) cont. - d) existing tree cover, buildings, streets
and other site improvements, e) proposed access system, indicating
both public and private streets, f) common open space and public
uses, including schools, parks,, recreation areas and undeveloped
properties, g) the architectural style of each different type of
building.
(2) A written report or statement which shall include
a) the nature of the applicant's ownership or control in the land
proposed to be developed, b) a description of the type of proposed
development, including population densities and land use intensities,
c) requested modification in the requirements of this ordinance other-
wise applicable to the property, d) the expected schedule and sequence
of development.
C. Deposits with the city an escrow account as outlined in
item 10 on page 2. Said escrow account shall be deposited prior to
Planning Commission review as outlined in Step 5 below.
d. An abstractor's certificate showing the names and addresses
of all property owners within three hundred fifty, (350) feet of
the outer boundaries of the property in question.
Step 5. ZONING ADMINISTRATOR
a. Reviews documents submitted in Step 4 above, and requests
any missing information from petitioner.
b. Forwards copies of petition to other staff or governmental
agencies as deemed appropriate at least fourteen (14) days prior
to the Planning Commission Meeting.
c. Prepares planning report which includes comments from other
staff and forwards copies for each Planning Commission member and
petitioner no later than Friday prior to the Planning Commission
Meeting.
Step 6. PLANNING COMMISSION
a. Reviews documents and reports as submitted in Step 1 - 5 above.
b. Hears petitioners informal }presentation of the proposed PRD
or PCD.
C. Sets date for public hearing or requests additional
information from petitioner. If additional information is requested,
Steps 4 and 5 shall be repeated.
-30-
7
Step 7. PUBLIC HEARING.
a. City Administrator.
(1) Advertises notice of public hearing as governed by
State Statute and City Ordinance.
(2) Notifies owners of adjacent property, as supplied
by the petitioner, of public hearing at least ten (10) days
prior to hearing.
b. Planning Commission opens public hearing for the purpose
of hearing:
(1) Petitioners formal presentation.
(2) Arguments from general public.
C. Planning Commission either continues public hearing to a
future date or closes public hearing.
. d. Pla�nninv Commission forwards a report to the City Council
stating its finings and recommendations within sixty (60) days of
the date of the public hearing, designation such conditions and
guarantees as the commission deems necessary for protection of the
public interest.
Step 8. CITY COUNCIL.
a. Considers Planning Commission recommendations at the
second regular meeting after Planning Commission action.
b. Council either grants or denies PRD or PCD Preliminary
Development Plan.
C. If the Council approves Preliminary Development Plan the
Council shall find:
(1) The proposed development is not in conflict with the
Comprehensive Plan.
(2) The proposed development is designed in such a manner
as to form a desirable and unified environment within its own boudaries.
(3) The proposed uses will not be detrimental to present
and future land uses in the surrounding area.
(4) Any exceptions to the zoning and subdivision ordinances
are justified by the design of the development.
(5) The planned development is of sufficient size,
composition and arrangement that its construction and operation is
feasible as a complete unit without dependence upon any other unit.
-31-
(6) The planned development will not create an excessive
burden on parks, schools, streets and other public facilities.and
utilities which are proposed to serve the development.
(7) The planned development will not have an adverse
impact on the reasonable enjoyment of neighboring property.
d. If the Council denies Preliminary Development Plan, the
Council shall state reasons for disapproval.
Step 9. OPTION
The City Council may hold whatever public hearing it deems advisable
and shall make a decision upon the application to approve Preliminary
Development Plans if the Council decides to hold a public hearing the
procedure for public hearing notification as outlined in Number 7
above shall be repeated..
Step 10. ZONING ADMINISTRATOR.
a. Forwards copy of the Council action to Planning Commission
and petitioner and retains a copy in Case file folder.
b. Requests City Attorney to prepare and execute development
contract as per City Council action.
Step 11. PETITIONER. (Final Development Plan)
a. Prepares Final Development Plan which include the following:
(1) Preliminary plat in accordance with the applicable
provisions of Ordinance 33, Chanhassen Subdivision Ordinance, including
agreements, provisions, covenants and specifications required for
approval of the final development plan.
(2) Final building drawings and specifications.
(3) Final site plans including a landscape schedule.
(4) Engineering plans and reports as required by the Council.
(5) Any other information or documents required by the
Council for the approval of the final development plan including a
planned unit development contract and any bonds, deposits of money
or security.
Step 12. ZONING ADMINISTRATOR.
a. Reviews documents submitted in Steps 7 - 11 above, and
requests any additional information from petitioner.
-• 3 2
b. Prepares Planning Report which includes comments from other
staff and forwards copies to each Planning Commission member no later
than Friday prior to the Planning Commission Meeting.
Step 13. PLANNING COMMISSION.
Recommends approval or disapproval of Final Development
Plan to City Council.
Step 14. ZONING ADMINISTRATOR.
Forwards Planning Commission recommendation to City Council.
Step 15. CITY COUNCIL.
a. Approves Final Development Plan.
b. Disapproves Final Development Plan stating reasons for the
disapproval or;
C. Approves final Development Plan subject to specified
modifications or conditions.
Step 16. ZONING ADMINISTRATOR.
a. Forwards copy of Council action to Planning Commission and
petitioner and retains a copy in case file folder.
b. Instructs City Attorney to prepare and execute Final
Development Plan contract as,per City Council action.
C. Maintain a "come -up" file where a time limit is stated by
the City Council.
d. Returns remaining escrow deposit to petitioner.
Step 17. PLANNING COMMISSION.
The Planning Commission shall review all PRD or PCD
districts at least once each year and submit a report to the City
Council on the status of each development.
Step 18. CITY COUNCIL.
a. If the Council finds that development has not occurred
within a reasonable time after approval of the final development
plan, the Council may instruct the Planning Commission to initiate
rezoning to the original zoning district by removing the Planned
District zoning.
-33-
b. Amendments: Changes in uses, any rearrangement of lots,
blocks, or bui ng tract, any changes relating to common open space
areas, and all other changes in the approved final development plan
may be made by the Council only after a public hearing by the Planning
Commission and the submission of its recommendations thereon to the
Council. No amendments may be made in the approved final development
plan unless they are found to be required by changes in conditions
which have occurred subsequent to approval of the final development
plan, or by changes in the development policy of the Council. All
such changes shall be filed in.the office of the Zoning Administrator
as amendments to the final development plan.
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