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77-02 - Santa Vera Village SPR pt 177-2- UNITED 'STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE " County Office Building, Waconia, Minnesota 55387 August 6, 1980 Mr. John Rutford, Referral Coordinator Metropolitan Council 7th and Robert Streets St. Paul, Minnesota 55101 RE: Metropolitan "ouncil Referral File No. 8607-1 Dear Mr. Rutford: Find attached soils map and soi F-3- ion l formation for the Chanview Apartments Partnership, anta Vera V' a addition to the city of Chanhassen. Sincerely, F�Ii4� Donald C. Berg District Conservationist cc: ob Waibel, Land Use Coordinator + City of Chanhassen INVENTORY AND EVALUATION SOIL._,AND V,A TER RESOURCie FOR THE CARVER SOIL & WATER CONSERVATION DISTRICT COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 Chanview Apartments Partnership Santa Vera Village Chanhassen, Minnesota Metropolitan Council Referral File No. 8607-1 Requested by: John Rutford, Referral Coordinator Metropolitan Council 7th and Robert Streets St. Paul, Minnesota 55101 Reviewed by: Donald C. Berg, District Conservationist USDA Soil Conservation Service County Office Building Waconia, Minnesota 55387 August 6, 1g80 SCS-CONS-5 10-75 FILE CODE CONS-14-5 U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE INVENTORY & EVALUATION OF LAND, WATER, AND RELATED RESOURCES John Rutford,-Referral Coordinator REQUESTED BY Metropolitan Council LOCATION St. Paul-, Minnesota Donald C. Berg ASSISTED BY District Conservationist —DATE- August 6, 1980 * ❑ INDIVIDUAL ❑ GROUP ® UNIT OF GOVERNMENT SITUATION: John Rutford requested a review of Santa Vera Village at Chanhassen (Metropolitan Council File 8607-1) for a soils map and soil conservation information. SUGGESTED SOLUTION(S)___Find enclosed a soils maj: color coded to show soils limita- tions for building sites and soil interpretation sheets for Hayden soils (Ha map symbol) and Glencoe soils (Ge map symbol). These single sheets provide a short soil description and information on flooding, water table, frost action and interpreta- tions for building sites, construction materials and water management. A soil conservation plan should'be part of the development plan for this area, especially the wet areas shown as red lines on the map *Check appropriate category July 31, 1980 lit Ad r� ♦ r'� � I.i.01ding ::i:1iu ►` ii!1, roil:-ot:. 553101 M. J. Tero, Director Multifamily Development Minnesota Housing Finance Agency 333 Sibley - Suite 200 St. Paul, Minnesota 55101 RE: MHFA No. 80-079 Santa Vera Village Chanhassen, Minnesota Metropolitan Council Referral File No. 8607-1 Dear Mr. Tero: At its meeting on July 24, 1980, the,Metropolitan Council considered the above project. This consideration was based on a report of the Human Resources Committee, Referral Report No. 80-155. A copy of this report, which was adopted as presented, is attached. The Council finds this project, as submitted, is positively con- sistent with areawide plans and goals. Attached are copies of letters from the Metropolitan Transit Com- mission and the Metropolitan Waste Control Commission,=commenting on this project. Sincerely, - METROPOLITAN COUNCIL et CA ��" _ 1980 Charles R . Weaver AUG1QE'CeJ Chairman, gwaE OP Enclosure 6o�� cc: John Buenger, Deputy Director, Multifamily Development, HUD Chan View Apartments (A Partnership) Donald Ashworth, Manager, City of Chanhassen Richard J. Dougherty, Chief Administrator, MWCC Hugh C. Faville, Senior Transportation Planner, MTC Wayne Nelson, Metropolitan Council Staff An AIrolloy Ca' 1 LWI1. 1.0 (,00n0i1t;tW t l,r i'l:uuti!il, and 1)e et 1< i)t1it;;,, ui C11: '1':. i! 1. i� i .• T.tct r", t;�n Arc;L C;,,! icing: For Release 7.24.8` i 4:00 p.m. ;"Bus. Item C-14 M E T R O P O L I T A N C O U N C I L '' Suite 300 Metro Sauare Building, Saint Paul, Minnesota 55101 -� _REPORT OF THE HUMAN RESOURCES COMMITTEE REFERRAL REPORT NO. 80-155 .To: Metropolitan Council Subject: Santa Vera Village, Chanhassen, Mn., Referral 8607-1 Date: July 24, 1980. At its meeting of July 24, 1980, the Human Resources C��<<,mittee discussed the Santa Vera Village referral. Staff amended the last sentence of the -fifth paragraph of the "comments" section. This change will be incorporated in the report to the Minnesota Housing Finance Agency. Recommendation That the Council approve the amended report and comments to the Minnesota Housing Finance Agency as follows: "This proposal as submitted is positively consistent with areawide plans and goals." Respectfully submitted,' Joan Campbell, Chairman lk Y ' ' ' 1 �: 5 Ublf•411'.kI)ATiUi, ) OV l'III" Hi,.1�oL i Name, of,. Project: _San ta V_eXa Village Council File No. 860.7-.1 Applicant Chanview Apartments Funded by: r11HFA Munic-ipality: -Ch_drba�se — County: �a7�,Pr Council District: .16 I. Description of Project: Program (Subd. 221.d4,' Section 8, etc.): —Section 8, 13-2BR Sec. 8 units Number and Type of Units: 64 units (16-1BR; 48-2B't.) Purchase Price or Monthly Rental: Not available II. Proposed Project Will be Located Within: 1976-1980 Urban Service Area X 1981-1990 Urban.Service Area Freestanding Growth Center Rural Town Ctr. _ Rural Service.Area III.Relation.to Local' Comprehensive Plan and Review by Local Community: Yes No Local comprehensive plan reviewed by Council . . . . .. . . ;1 'Local comprehensive plan found consistent. . . . . . . . . _ _X Project compatible with local comprehensive plan . . . . . x Project reviewed by local planning commission . . . . . . X All necessary rn.unicipal approval granted . . . . . . . . . X IV. Availability of. Services .to Site: Sewer. Service (Central X Individual ) _ Z%Iater Service (Central X Individual ) Metro highway system entrance within three miles . . . . . X _ Blass transit within 1/2 mile X Park Area within 1/2 to l.mile . . . .. . . . . . . . . . . X~ Shopping centers: (grocery, drug, lapndry, gas) within 1/2 mi X ,Neighborhood Community (variety, clothing, restaurant) within 2•mi. _ x Regional ctr. (diversified services) within 10 miles Day Care within 8 to 10 miles _X X Health Care facilities within 30 minutes . . . . . . . . . X V. School capacity adequate to accommodate additional enrollment created by proposed development . . . . . . . X VI. Development will Adversely Affect the Following Policies or Systems: Yes No Environmental.. X Development Framework. X Transportation. . . X Airports . . . . . . . . X _ Sewer X Other Impacts X. Parks & Open Space. VIh.Diver'sity of Housing Type and Costs: Will project.serve mast urgent needs of low- and moderate - income group? . . . . . . . . . . . . . . . . . . . . . . .X Will project serve to diversify housing costs in community?_ X Will project serve to diversify housing type in community? X. __ *See Comments W 11 File No.. 8607-1 Comments Santa Vera Village is a proposed 64-unit apartment development to be built on 5.8 acres in Chanhassen. The development will consist of 16 one -bedroom units and 48 two -bedroom units. Thirteen of the two -bedroom units will be subsidized through the Section 8 Program. Proposed monthly.rents have not yet been specified by HUD. Chanhassen's comprehensive plan has not yet been reviewed by the Metropolitan Council. This proposed development is compatible with its current comprehensive plan, and has been reviewed by the city's planning commission and received all necessary municipal approvals. The proposed site location is conveniently accessible to most necessary and desirable residential services. Central sewer and water will be'provided and Metropolitan interceptor and treatment capacity is adequate._.Highways, parks, health, shopping and-daydare facilities are available nearby and the development is within one-half mile of an MTC-bus route. The affected school district does have the capacity to handle any increased enrollment caused by the development. No negative impact on the environment or metropolitan services is anticipated if the proposal is implemented. Air and vehicle traffic are not likely to detrimentally affect the intended residential site use. It should be noted that no grading, surface drainage or soil suitability information was provided for this review. ConsequentlyR although no problems are anticipated, any related issues regarding this site could not be evaluated within the scope of this review. According to the Council's 1980-1983 Subsidized Housing Allo- cation Plan, Chanhassen has a three year allocation which will support, the development of 22 units (13 family, 2 large -family, and 7 elderly). During the present allocation plan period two additional existing units have 'received subsidy. Although the number of family units proposed in this development will exceeds the city's allocation plan goal, the project size is consistent with the overall family goal for Chanhassen. The project is intended to meet the needs of low- and moderate - income people and will provide diversity in the type and cost of housing available within the community. Recommendation This proposal as submitted is positively consistent with :areawide plans and goals. DP136B METROPOLITAf� ' WAfTE ConTROL comuff ion Twin Chits flrcc� July 10, 1980 Mr. John Rutford Referral Coordinator Metropolitan Council 300 Metro Square Building St. Paul, Minnesota 55101 Re: Metropolitan Council Referral. File No. 8607-1 Dear Mr. Rutford: The Metropolitan Waste Control Commission has reviewed the infor- mation submitted for the proposed Santa Vera Village to be located in the City of Chanhassen. Because there is adequate capacity within the Metropolitan Disposal ; System, the Commission has no objection to this subdivision provided it is indicated in the City's full comprehensive plan. Very truly yours Richard J. D gherty Chief Administrator RJD:TFK:nc F, 1 MetropolftanTransit Co 801 American Center Building St. Paul, Minnesota 55101 July 28, 1980 Mr. John Rutford Referral Coordinator Metropolitan Council 7th & Robert Streets St. Paul, MN 55101 Dear Mr. Rutford: mmission 612/221-0939 tr The MTC has reviewed Chanview Apartments Partnership's MHFA Section 8 application for Santa Vera Village (Metro Council file #8607-1). Because of the impact such development will have on the transportation network, the MTC requests that existing and future transit needs be considered by the developer. Enclosed, find a summary of the existing transit status of the site in question. Assistance in planning for transit will be provided, if requested, by the Transit Development Department, 221-0939. Two publications available from this agency which may be helpful are, "Standards for the Design and Maintenance of Bus Related Road Improvements" and "Model Code for Transit Improvement." Please let us know if we can be of further assistance. Sincerely, Hugh C. Faville Senior.Transportation Planner HCF/DR/sm Enc. -1f :'r � • 4 4 ,Metro n r -fommission � r � -�'' 801 American Center Building St. Paul, Minnesota 55101 612/221-0939 ,r July 28, 1980 Air. John Rutford Referral Coordinator Metropolitan Council 7th & Robert Streets St. Paul, MN 55101 Dear. Mr. Rutford: :V The MTC has reviewed Chanview Apartments Partnership's MHFA Section 8 application. for Santa Vera Village (Metro Council file #8607-1). Because of the impact such development will have on the transportation network, the MTC requests that existing and future transit needs be considered by the developer. Enclosed, find a summary of the existing transit status of the site in question. Assistance in planning for transit will be provided, if requested, by the Transit Development Dep-artment,.221-0939. Two publications available from this agency which may .be helpful are, "Standards for the Design and Maintenance of. Bus Related Road Improvements" and "Model Code for Transit Improvement." Please .let us know if we can be of further assistance. Sincerely, Hugh C.. Faville Senior -Transportation Planner 'HCF/DR/sm Enc. ., 17(% F_ 4-1 z 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 July 10, 1980 To Whom It May Concern: RE : Chanvieu7 Apartments Partnership Application for'MHFA Section 8 Funds for Santa Vera Village Chanhassen, Minnesota Received 06/25/80 Metropolitan Council Referral File No. 8607-1 Please refer to the attached explanation of the Metropolitan Council's responsibility to review Minnesota Housing Finance Agency Apartm.,ent Develop- ment housing program applications. The- Council has been forwarded such an application for a project identified above. A. copy of the application, which provides further details, is enclosed. Thank you. Sincerely, �P,(;LIT OUNCIL hn Rutford Referral Coordinator 0._ r JR : ch Lf !f, cc: Thomas Harren, Administrator, Federal -State Relations Metropolitan Council District 16 An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County METROPOLITAN COUNCIL Suite.300 Metro Square Building, Saint Paul, Minnesota 55101 291-6359 REVIEW OF MINNESOTA HOUSING FINANCE AGENCY APPLICATIONS (Apartment Development Projects) The Metropolitan Council is required by agreement with the Minnesota Housing Finance Agency (MHFA) to review all multi -family applications for state loans, grants, or other assistance. The major project information the Council receives is the Minnesota Housing Finance Agency Form No. 201. This application is submitted to the MHFA office by a developer for review. Such applications are forwarded to the Council by the Minnesota Housing Finance Agency for comment concerning: 1. " . . . the consistency of the proposed project with ... areawide development plans:" 2. "identification of major environmental concerns." r The Council must complete its review and return it to the Agency office within 30 days. The ultimate purpose of this notification and review process is to encourage the coordination of state housing programs with regional planning to facilitate orderly growth of local areas. As part of its review process, the Council will notify potentially affected units of government, environmental commissions, and human rights commissions that a review is taking place, and invite questions or comments. These comments .will be incorporated into the review and relayed to MF.-FA. If you have questions, please call the Metropolitan Council Housing Staff at 291-6373. 'A 1 —11 . .*.: ;!, . , , . . ; is . 4.A h-cou'AHINg fflunance) allcown]Ticw ':jy ROUTING - June 19,1980 JUN 2 3 1980 Ndmin. Mr. Weaver, Chairman P. ,Charles Metropolitan Council H. R. 300 Metro Square Building CS/rio 7th and Robert Streets For you r information St. Paul, Minnesota 55101 . Take appropriate action Dear Mr. Weaver: Please reply Prepare rpiy for ctimn giE,, In accordance with Federal Regulations contained in OMB Circular A-95, we have attached for your review and comment appropriate information on the -following development proposals. Development No. of No. Section 8, MHFA # Name Location Units Assistance_ Rty_e�lo Ler 80-067 Shorewood 23800 Hwy. 7 40 F 40 First American Estates West, Care Facilities, Inc. Shorewood 80-073 Oakwood Apart- S.W. corn-r 107 F 22 H. Norman Nafstad meats -Phase II Cty. Rd. 6 & Hwy. 101 Plymouth. 80-074 Talmadge/Como Ilth Ave. S.E. 26 F 26 Miller, Hanson, between Como Westerbeck & Bell and Talmadge 2nd Avenue S.E. Minneapolis 80-075 18th & Clinton 1803-09 8 F 8 M-2 Shelter, Inc. Townhouses. Clinton Ave. So. Minneapolis 80-076 Hickory Ridge 62nd Place,& 54 F 11 Mendota, Inc. Apartments Quinwood Lane Maple Grove, 80-0-77 Golcien Valley Hillsboro Ave. 32 F 32 Technical Assistance Family Housing and Mendelssohn Corporation for Ave. No. Housing Golden Valley 80-078 Galway Place 112 Ave. N.W. 36 F 36 Shamrock Builders, and Hanson Blvd. Inc. Coon Rapids i I ji0a ft 15 R11 UM P 07)'flffl) -(- j}6j AN EQUAL OPPORTUNITY EMPLOYER JUIit, i .1, 19, U Page ? Development �7HFAri� Name 80-079 Vera >anta illage 80-081 Blooming Glen Townhomes ' . No. of No. Section 8 Location Units Assistance Developer 600 Santa Vera 64 F 13 Chanview- Apartments Drive (a partnership.) Chanhassen 10000 Lyndale 50 F 50 Orville E. Madsen Ave. So. & Son, Inc. Bloomington This information is provided as part of the Agency's effort to determine the consistency of these important housing development proposals with your Re gion's comprehensive planning objectives. Please forward your written comments concerning the development proposals to the Minnesota Housing Finance Agency,at your earliest.convenience. Please be advised that Federal Regulations require that a copy of your review be submitted directly to the HUD Area Office in Edina (Attention: John Buenger, Deputy Director, Multi -Family Development, Department of Housing and Urban Development, 6400 France Avenue South, Edina, Minnesota, 55435.) If we can be of assistance in this matter, please contact Jack Jenkins, the Housing Development Officer assigned to these proposals at (612) 296-9823. Si ncerely, M. J . Td�ro, Director Multi -Family Development MJT/kmd Enclosures: Project Summary Location Map CITY OF 7610 LAREDO DRIVE*P.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 July 15, 1980 Mr. John Rutford Referral Coordinator Metropolitan Council 300 Metro Sq. Building 7th St. & Robert Street St. Paul, DIN 55101 Dear Mr. Rutford: The City of Chanhassen has recently received A.-95 review information pertaining to Santa Vera Village, MHFA #80-079. Throughout this project, the developer has had an ongoing dialogue with City staff in.order to insure that the project is responsive to the needs of the overall community. The Santa Vera proposal was consistent with the plans of the City of Chanhassen and we would therefore, encourage the funding of the project. Sincerely, Don Ashworth`"' City Manager;:: ' y Y MK:n cc: M. J. Terro, Dir. Multi -family Develop. Minnesota Housing Finance Agency John Buenger, - Deputy Dir. Multi -family Develop. Department of Housing and Urban Development. )9 o�o�000�o hoaoQog g00000 agency June 3, 1980 The Honorable Walter B. Hobbs Mayor of Chanhassen City Hall 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Mayor Hobbs: The Minnesota Housing Finance Agency is pleased to inform you that it has selected the Santa Vera Village proposal for financing. The proposed development contains 64 family units (13 Section 8) and is located at 600 Santa Vera Drive. The developers are Thomas Klingelhutz and Douglas Hansen. The Agency has applied for the reservation of Section 8 housing assistance payments funds through the Department of Housing and Urban Development. These payments will enable qualified renters to pay a maximum of 25% of their income toward rent with the federal Section 8 funds paying the remainder. The Agency has inspected and approved the site, reviewed the proposed development program, and will begin processing immediately. The mortgage underwriting process normally takes between five and eleven months from the time of selection until construction can begin. Close cooperation is encouraged among the city, the Agency, and the development team. We would appreciate your informing the appropriate city departments and officials of this and all future notifications regarding this development. The Agency will contact you again at feasibility approval which could take approximately two to four months. The Agency is looking forward to working with the developer and your city in providing needed housing for the residents of your community. If you have any questions, please contact the Agency at (612) 296-7620. Sincerely, Alvi Q ames J. olem Director JJS/kmd CC: Donald W. Ashworth 2345-e .,. JUN1980 RECEIVED VILLAGE OF MANHAsBICN, ' IIAMM 1t AN EQUAL OPPORTUNITY EMPLOYER J Aa z. HANSEN & KLINGELHUTZ construction, inc. January 29, 1980 City of Chanhassen Attn: Mayor and City Council 7610 Laredo Drive Chanhassen, Mn 55317 Honorable Mayor and City Council Members - Hansen and Klingelhutz have attempted to complete the apartment construction, as approved by yourselves on Santa Vera. The tight money market has Beverly hampered single family construction and literally stopped all apartment con- struction. It is the intent of Hansen and Klingelhutz to seek mortgage funds for our construction under the Section 8/New Construction program of the Minnesota Housing Finance Agency. We believe the existing Section 8 program has worked to the advantage of Chanhassen residents and believe that, whatever number of units are approved, will additionally be beneficial to Chanhassen residents. As you are probably aware very few, if any, apartment units are for rent in Chanhassen while interest rates and other costs prohibit investors from con- sidering additional construction. We would ask your approval of a resolution supporting our application for fund- ing to the State of Minnesota. Si rwcerely, DouglastHansen Thomas Klingelhutf 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 0 (612) 474-4146 CITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: February 4, 1980 SUBJ: Santa Vera Apartment Project, Resolution Supporting Partial Designation, Section 8, New Construction Approximately two years ago the City Council approved the development contract, site plan, and building plans for a total of 80 units on the Hansen and Klingelhutz property off Santa Vera. Construction of 16 of these units has been completed. Market conditions during the past 12 to 18 months have prevented the developers from proceeding with their building plans and are now requesting City Council endorsement of a resolution supporting designation of a portion of the remaining units as Section 8/New Construction and thus receive a mortgage commitment, from the State, to complete their construction. A multitude of federal/state housing programs have and currently exist. A majority of these programs do not require City Council action and except for indirect correspondence, the City is totally unaware of such, i.e. mortgage commitments, FHA and Jenny Mae guaranteed loan programs, federal title insurance, various programs for subsidies or for interest rate loans to low and moderate income individuals, etc. The Section 8/New Construction Program is very similar to the Section 8/Scattered Site Rental Program which has been in effect in Chanhassen for the past three years. The program basically assures that low and moderate income families can obtain affordable housing and limits the total amount of rent which can be paid or for which rent subsidy is eligible. Specifically, if an elderly person or family meets income limitations, based on the number in the family, the program assures that no more than 200 of the individuals total income will be required to be paid for housing up to a specified maximum for various size dwelling units. Most of the apartment units in Chanhassen have or could be eligible under the existing program. In the existing program, the applicant, after becoming certified as meeting program requirements, is given total latitude in determining which existing apartment he chooses to reside in and all negotiations are directly between him and the owner - thus the name Section 8/Existing Scattered Site Unit Program. This office is unaware of any problems which have occurred Mayor and Council -2- ,, February 4, 1980 in this program during the past three years with the current problem being one of no current units available in Chanhassen to match the number of approved families/elderly applications. In total approximately 8 individuals/units are funded under this program with an additional 8 applications available if rental units existed. The Section 8/New Construction program is very similar to the Section 8/ Scattered Site Program with the exception that a certain percentage of the number of new units in each development project is considered for this type of program. Basically, this assures state/federal officials that, during market conditions similar to present market, that units would be available for elderly and low and moderate income families. The advantage to the developer is that a lower overall interest rate can be received and mortgage commitments are available. Current state/federal priorities, in effect, prohibit elderly units from being constructed. It would be possible to receive a potential designation of some of the units for elderly; however, again, priorities of the state are with family units. The resolution being requested by Hansen and Klingelhutz would be for a preliminary application with neither this office nor the developers having the knowledge as to whether a mortgage commitment would be made for this type of project or under what conditions, i.e. number of units being designated under the Section 8 program or the proportion of such which would be one bedroom, 2 bedrooms, etc. This office finds no potential problems which the City may encounter by endorsing this resolution. Specifically, if mortgage money were to be made available to the developers, such could reduce the total number of family units for which the Housing and Redevelopment Authority could seek approval for in the future. However, I cannot foresee our local Housing and Redevelopment Authority actively promoting and carrying out its own family housing project - leading me back to the original position of finding no real conflict with City Council approval of the Hansen and Klingelhutz request. This position would not be the same if the application were for an elderly project. In this case, the City should actively seek construction in closer proximity to the proposed downtown redevelopment area - a potential if the state priorities change during the next two to three year period and the downtown redevelopment program becomes a reality. Mr. Donald Chanhassen Box 147 Chanhassen, Dear Don: W. Ashworth City Manager INiN 55317 February 28, 1978 Re: Santa Vera Village Apartments Enclosed you will find our proposed development contract for the above described property. If the planning department finds the development contract to be in order, it should he presented to the developer for its signature and then tendered to the City Council for its approval. Exhibit A to the development contract would be a legal description for all of the lands underlying Santa Vera Village. The developers should be asked to supply a legal description at this time, and that legal description should be approved either by this office or by the City Engineer. Paragraph A(iW of Section 15 contains the provisions for neighbor- hood Parks. The City Council did not resolve that issue at the time of its preliminary development approval. Paragraph A(vi) of Section 15 provides for a temporary cul-de-sac. The City Engineer's office should prepare the necessary legal descrip- tion at this time. That legal description should he forwarded to this office so that we may obtain the necessary signed easement docu- ment from 11 & K . Paragraph C of Section 6 provides that the developers shall convey a perpetual easement to the City for access purposes over the internal driveways and parking lots of the development. This will, of course, require that a legal description be prepared for the driveways and }parking lots. The preparation of said legal description can be deferred until such time as the developers prepare their "as built" plans (See Paragraph B of Section 6). The planning department should make some sort of follow-up in its records so that this easement matter is not forgotten. Donald 11. Ashworth Re: manta Vera Village Apartments 999 2/28/78 The planning department should also confirm that the third "whereas" paragraph in the contract accurately describes the documentation which the developers have filed with the City and which was reviewed by the Council. Very truly yours, RRAIG M. MF,RTZ Assistant Chanhassen Cite Attorney C3M : mep Encl. 2/28/78 n CIT' OF CHANHAS` EN PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT SANTA VERA VILLAGE ADDITION THIS AGREEIM NT, Made and entered into this dale of 1978, by and between the CITY OF CHANHASSEN, a Minne- sota municipal corporation, hereinafter referred to as the City, and HANSEN & KLINGELHU`I'Z CONSTRUCTION, INC., a :Minnesota corporation, hereinafter referred to as the Developer; WITNESSETH : WHEREAS, the Developer is the fee owner of certain lands which are more particularly described on Exhibit A attached hereto and made a part hereof.; and WHEREAS, tho Developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-1 Planned Residential Development Plan, said Plan proposing a planned unit development consisting of ten (10) apartment buildings, containing a total of eighty (80) units, on approximately 6.6 acres of land which are more particularly described above. Said proposed development is to be known as the Santa Vera Village Addition; and WHEREAS, the Developer has filed with the City its preliminary development plan consisting of the following documents which are incor- porated herein by reference: 1. Grading Plan dated Au(lust 28, 1977, labelled Santa Vera Village. 2. Planting Plan, dated September 9, 1977, labelled Santa Vera ViIlago. 3. Architectural Elevations, dated September 23, 1977, labelled Santa Vera Village; and WHEREAS, the City has established a policy requiring land developers to furnish surfaced strnet, 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 residential additions approved by the City, all of tho fore(7oing hereinafter sometimes referred to as "1_mprovements"; and WHEREAS, the Developer has made application to the City to be allowed at Developer's e.:pense to construct, install and perform all work and furnish all materials in connection with the installation of the following improvements within the subject premises: a. Driveway and parking lot yradinq, stabilizing, and bituminous surfacing, b. Surmountable concrete curbs and clutters, c. Sanitary sower mains, -1- d. Water mains, e. Storm and surface water drainage, f. Street signs, g. Boulevard sodding, h. Underground utility and telephone lines, and i. Outside lighting. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan of Santa Vera Village 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. Driveway and parking lot grading, stabilizing and bituminous surfacing, b. Surmountable concrete curbs and gutters on contiguous streets and on internal driveways and parking lots, C. Sanitary sewer mains, d. Water mains, e. Storm aryl surface water drainage, f . Street signs, g. Boulevard sodding or seeding, h. Underground utility lines and telephone utility lines, and i. Outside lighting. 2. Standards of Construction. Developer agrees that all of the foregoing improvements shall equal or exceed City standards and shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connec- tion therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or un- suitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satis- faction and approval of the City at the cost and expense of the Developer. 4. Schedule of Work. The Developer further agrees that it shall commence work hereunder on or before /o / !2g , 19 , and shall have all work done and improvement 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. S. Plans and Specifications. a. The .Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of the above described improvements in said addition, said plans and specifications to be in substantial accord with the above described preliminary development plan as modified herein. Said plans and specifications shall, however, include the following modifications: i. All sanitary sewer liner; shall be eight (8) inches in diameter. ii. Piro hydrants shall he spaced at three hundred (300) foot intervals along they watermains depicted on the preliminary development plan. iii. Additional storm sewer shall be provided to serve the southeast 1.6 acres of the development property. iv. The elevation of the most southeasterly eight (8) unit apartment building shall he raised to 997.0 feet above sea level in order to conduct drainage away from the huildirig. All plans and specifications shell be subject to the final approval. of the City I,nginec>r �l, j)pon complk,�tion 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. I'he final plat of the subject property shall include a dedication to the City of Chanhassen, its employees, agents, successors and assigns, fire, police,arrlpublic service utili- ties, a non-exclusive: perpetual easement for ingress and egress over all, driveways and parking lots within the plat for public service and utilitv purposes. 6. Reimbursement of Costs. The Developer shall reimburse the City for all costs, sncluding reasonahle 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. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the 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 hereunder; 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 c�xF>enses of defending the same. e 8. written Work Orders. The Developer shall do no work nor furnish materials for which reimbursement is expected from the City unles 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. 9. 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 approv4d 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. No construc- tion shall be commenced until after said approved performance bond has been filed with the City Manager. 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 addition during all phases of construction, including all phased construction. Developer shall keep all streets within and near the addition 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 addition until the streets are accepted by the City. 12. Street_ Lighting. The expense of furnishing electrical energy for outside lighting purposes shall be the responsibility of the Developer and its successors and assigns. 13. Liability Insurance. The Developxr shall take out and maintain during the life of this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of t'he 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 $100,000 for each accident. The City shrill be namod as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. -4- 1.4. Replacement. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense.. 15. Water and Sewer Revenues, All water and sanitary sewer service charges shall at all times be billed by the City, and all revenues derived therefrom shall be the sole property of the City. 16. Special Conditions. a. The preliminary development plan for Santa Vera Village Addition is hereby approved, subject to the following additional' standards and conditions: i. Developer shall construct, at Developer's expense, an earth berm along the open parking area in Phase I, said earth berm being constructed so as to partially shield said parking area from the view of passersby on Laredo Drive. ii. Developer shall construct, at Developer's expense, a tennis court in subject development for the use by future residents of the development, or in lieu of said tennis court, the Developer may, at the City's option, donate the sum of ($ )Dollars to the City for general park purposes. iii Developer shall reserve a portion of the open space of the premises for active recreation purposes by the future residents of the development. iv. Developer shall install, at Developer's expense, a four (4) foot wide sidewalk along that portion of the westerly side of Laredo Drive lying between its intersection with the northerly line of the subject premises and its inter- section with the southerly line of said premises. V. Not less than of the apartment units in said development shall be constructed with a higher amenity package than the remainder of the apartment units. vi. Developer shall donate a temporary easement for public right of way purposes so as to provide a cul-de-sac in the northwesterly corner of the subject premises; said easement to exist until said Santa Vera Lane is extended westerly to MSAS 101. vii Saratoga Circle, as depicted on the Developer's Planting Plan, shall be redesignated as Santa Vera Lane. -5- A- 17. 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 improvement 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 development for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure 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 emergency, as determined by the City Engineers, the notice requirements to the Developer shall be and hereby are waived in their entiretv,and the Developer_ shall reimburse the City for any expense incurred by the City in remedying the condition creating the emergency. 18. Address of Developer. The address of the Developer for pur- poses of this development contract is 516 Del Rio Drive, Chanhassen, Minnesota, 55317. 19. 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 Ii , Its And Its -6- M CITY OF CHANHASSEN By Mayor ATTEST; City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) On this day of , 1978, 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 STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) On this day of , 1978, before me, a notary public within and for said County, personally appeared and _ J.to me per- sonally known, who, being each by me duly sworn, did say that they are respectively the president and the of Hansen & Klingelhutz Construction, Inc., the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -7- REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 1, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Neveaux, and Waritz. Councilman Geving was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Neveaux moved to -approve the agenda as presented with the addition of discussion on traffic problems. Motion seconded by Councilman Pearson: The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING FROM JULY 11, 1977 VACATION OF SARATOGA LANE Mayor Hobbs called the public hearing to order. The following interestec persons were present: Doug Hansen Tom Klingelhutz Mr. and Mrs. Bert Pollitt Pat Kerber Tom Hannon Craig Mertz Bob TATaibel The purpose of this hearing is to consider the vacation of a portion of Saratoga Lane which runs from Laredo Drive to the west property line of Hansen and Klingelhutz development. The official notice has been republished in the Carver County Herald. Mr. Kerber, through his attorney Mr. Hannon, reiterated that Mr. Kerber is requesting six additional feet to the west of the from the proposed vacation to allow more room for garbage trucks, snow plows.; etc. to turn around. Doug Hansen, Hansen & Klingelhutz, stated he would prefer the original proposed vacation and not allow the additional six feet. A motion was made by -Councilman Neveaux and seconded by Councilman Pearson to close the public hearing. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Hearing closed at 8:10 p.m. VACATION OF A PORTION OF SARATOGA LANE: RESOLUTION #77-39: Councilman Pearson moved the adoption of a resolution to vacate Saratoga Lane from point "C" to point "D". Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. MINUTES: Councilman Neveaux moved to approve the July 18, 1977, City Council Minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Councilman Pearson moved to note the July 13, 1977, Planning Commission minutes. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and. Waritz. No Council Meeting June 12, 1978 -2- 11. The front yarn. setback is 23 feet. The L dinance calls for a 30 foot front yard setback. 12. The developer. consider 45° angle parking along the west €` property line. The Guide Plan and CBD Plan show the area to the west ! to be something other than R-1A, therefore, the Planning Commission j recommended a side yard variance be granted. Mr. Hawks explained that the proposal is based on the assumption that Mandan and Picha Drive will be installed. The berm at the north access on Mandan Drive has been reduced as per Planning Commission request. They are proposing a 25 foot front yard setback along Picha Drive. Mr. Hawks stated that products would not be stored outside but service trucks or trailers may be parked over night. The City Engineer has reviewed the plans and also the street plans for Mr. Burdick. He fel- t that Picha Drive west of Mandan should not be installed to its full width at this time because of the uncertainty of the HRA proposal. Picha could be 20 feet in width at this time and be expanded as needed. The City Manager recommended Picha Drive be installed to City Standards with concrete curb and gutter at this time. Mr. Burdick asked that the Council approve the original approved street plans for asphalt street and asphalt curb instead of concrete curb. City Standards now call for concrete curb and gutter. Councilman Neveaux moved to approve the building plans for Hansen and Rlingelhutz off i.ce/warehouse/manufacturing;.:proposal,.Planning Case P-481, as referred to in the Assistant City Planner's report of June 2,.1978, subject to receiving favorable recommendation from theBoard of Adjustments and Appeals on the referred to sections of Chanhassen City Ordinance 47. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Waritz. No negative votes. Motion carried. Mr. Burdick asked for clarification of the concrete curb and gutter. The City Engineer stated that Picha Drive to the west will be in accordance with City Standards with concrete curb and gutter. CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to iscuss any items on the consent agenda. Mayor Hobbs requested items a and c be discussed separately. As no other Council members questioned items on the consent agenda, the Mayor asked. staff if any citizen comments had been received. Being none, the Mayor entertained a motion from Councilman Neveaux and seconded by Councilman Waritz to approve the following items pursuant to the City Manager's recommendations: b. Mutual Aid Association Agreement, Carver County Fire Departments. d. 1978 Investment Program. e. Accept Feasibility Study and Set Public Hearing - East Highway 5 Frontage Roads and Utility Installation. Resolution #78-2s. ' f. Curb Cut - Riviera Club Parking Lot. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Waritz. No negative votes. Motion carried. .ten 11 _ :.i. Council Meeting July 1R- 1977 -2-- Councilman Neveaux moved to accept the recommendation of the Planning Commission of flay 25, 1977, that Ordinance 47 not be amended to include I•,otherwsn-law apartments. Motion seconded by Councilman Geving. The following voted in favor: 11ayor Hobbs, Councilmen Pearson, Neveaux, 'Geving, and ilaritz. No negative votes. Motion carried. TRAFFIC ORDINANCE AMEIM LENT - SNOW EIERGEkIES AND CODIFICATION% There have been severer acme aments to Ordinance ex i ion driving, no -turn zones, and no parking zones recently. Staff recommended these amendments along with snow emergencies amendment be consolidated into one ordinance to make it easier for the Police Department. Two alternates are proposed for snow e;nergencie s : a. No person shall stop, stand or park any vehicle or permit it to stand on any street within the City between the hours of 2:00 a.m. and 6 :00 a.m. on any day. b. or ... between November and April between the hours of 2:00 a.m. and 6:00 a.m. on any day. Councilman Neveaux moved to place the Traffic Ordinance amendment on first reading including Alternate B with the dates of November 1 and April 1. notion seconded by Councilman Uaritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson:% Neveaux, Waritz, and Gevixig.. No negative votes. Motion carried. PLUIBIPiG INSPECTOR FEES - 1977: The Council discussed changing the method of paying t.ie plumbazig inspec or rom a flat rate to 60 percent (1977) of the permit fee. The �10.00 remodeling inspection, meter inspection or re -inspection fees would remain the same. Staff recommended that the ordinance be amended�� to raise the new structure permit fee from �30.50 to approximately 440.00 also the cost of .a water meter be raised to 475.00. The increased water meter price would be effective September 13 1977. Councilman Waritz moved to place an ordinance amendment on first reading changing the method of payment to the plumbing inspector to 60 percent of the permit. fee and also amending the cost of a plumbing permit fee for new structures to :?110.00. Alotion seconded by Councilman Geving: The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Le°'iKE RILEY SE r ER PROJECT 77-2 -' APPROVE PLANS AND SPECIFICATIONS AND ADVER'TIS2 'FOR BIDS: The City Manager recommended the Council approve the plans and specifications and authorize the City Engineer advertise for bids.' Bill Brezinsky discussed the plans and specifications. The estimated construction cost is 146,500 or $1075 more than the feasibility study estimate. RESOLUTION #77-38: Councilman Pearson moved the adoption of a resolution approving the final plans and specifications and authorize the City Engi..neer to advertise for bids to be opened August 12, 1977. Resolution seconded by Councilman Neveaux. The follo-viing voted in favor: Mayor Hobbs, Councilaen Pearson, Neveaux, Geving, and ';1aritz. No negative votes. Motion carried. SARATOGA LANE FIRST AND SECOND ADDITIONS - DEVELOPMENT CONTRACT: Doug Hansen and Tom llingelhutz were present to discuss changes in the development contract. BOARD OF REVIEW 14EETING JUNE 8, 1978 Councilman Waritz, Councilman Geving, and Craig Mertz, Assistant City Attorney, were present. Catherine Diethelm and Margaret Julius from y the County Assessor's Office were present to explain the assessing ' procedures and answer p questions. Due to the lack of a quorum the meeting was continued to June 12, 1978. Requests for review were received from Mr. and Mrs. Peter Lindquist, 10608 Utica Road, Bloomington, and John Kreger, Both parties were advised they would have to come to the meeting on June 1.2 in order to pursue an appeal. Don Ashworth City Manager ,CONTINUATION OF JUNE 5, 1978, COUNCIL MEETING HELD JUNE 12, 1978 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Neveaux and Waritz. Councilman Pearson and Councilman Geving were absent. Craig Mertz, Bob Waibel, and Bill Brezinsky were present BOARD OF REVIEW_ Catherine Diethelm and Margaret Julius were present. There being no one from the public present, Councilman Waritz moved to close the Board of Review meeting. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Waritz. No negative votes. Motion carried. PRELIMINARY DEVELOPMENT PLAN, HANSEN AND KLINGELHUTZ - BURDICK PARK ADDITION: Tom Klingelhutz, Jim Hawks, B. C. (Jim) Burdick, and John Huber were present. Bob Waibel presented the staff report dated June 21 1978. Hansen and Klingelhutz are proposing to construct a 19,800 square foot office/warehouse/manufacturing facility on Lots 4 and 5, Burdick Park Addition. The property was rezoned to I-1 on April 16, 1973 Variances are requested for the front yard setback of 25 feet along Picha Drive and for parking along the west property line. At the May 10, 1978, Planning Commission meeting members voted to recommend the Council approve the facility subject to: 1. That an adequate development contract controlling the visual quality of the grounds be implemented. 2. That the proposed rear yard setback be allowed as submitted. 3. That parking up to the westerly property line be permitted. 4. That the clear aisle widths by the Loading docks be increased to meet ordinance standards. 5. That the loading dock width be increased to 12 feet. 6. That the berm at -the north access on Mandan Drive should not exceed 23 feet in heights. 7. That more detailed information be supplied concerning the outside storage facilities. 8. That information regarding the architectural treatment of the building be furnished. 9. That plans for signage be submitted for Sign Committee review. 10. The developer submit a lighting plan for review by the Planning Commission. City Council Meeting June 6; `77 5- - - PRELIMINARY PLAT - SARA_TOGA LANE: Jim Hawks and Doug Hanson were present. The City Pan lner 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 suggested that Hansen and Klingelhutz be required to construct sidewalks along this portion of Laredo Drive as Laredo Drive is a collector street. The Planning -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-4.S..:shown in Exhibit_B- dated May 11, 1977, for Hansen and Klingelhutz,' Corp. subject to the vacation of a road" OW —knout —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 installedtothe 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 movedf%to rezone-the-Reichertproperty from R-IAto 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 WI.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. SHOkftk�b MP,NAGC*TENT RE- °CouHti1man Neveaux'moved.-to place anrfi=rs_tzreading an- orciinance7to estab lish-.-standard&'_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. Council Meeting .)vember 21, 1977 -4- HANSEN AND KLINGELHUTZ, SANTA VERA ADDITION: Tom Klingelhutz, Doug Hansen, and Jim Hawks were present requesting approval of a proposed planned unit development consisting of ten 8 unit apartment buildings on 6.6 acres located north of the Chanhassen Elementary School. The Planning Commission held a public hearing on the j proposal and recommended approval provided the developer install an earth berm along the open parking area in phase I, that they install. a sidewalk along the length of Laredo Drive in this development. to a four foot width, they should reserve some units with a higher amenity package, the developer contribute $1,000 upon completion of each of the -four phases for its improvement or development of Wester: Hills park and the developer modify the color renditions of the buildings. The Planner recommended approval subject to the Planning Commission recommendations and also that the developer be required to provide some active recreation space for the residents, that a temporary cul-de-sac-be installed on proposed Saratoga Circle and the name "Saratoga Circle" should be changed to Santa Vera Lane. The following statement from Pat Boyle was read: "Speaking for myself and as a member of the -Park Commission, I would like some consideration given for the need for open space within this complex for a play area for the small children this type of development will attract. Even though this area is located next to the school play ground there are times when the school play area will be in use and certainly would be more convenient for the people living in the complex to have a play area located within the development." The proposal calls for 60 two bedroom apartment units and 20 one bedroom units to be built in four phases. Councilman Geving moved.to approve the planned unit development for Santa Vera planned residential development consisting of ten 8 unit apartment buildings subject to the conditions of the Planner's comments of November 17, 1977, and the Engineer's comments and recommendations of October 12, 1977.- The $1,000 per phase park development will be clarified at the time of the development contract.. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. ROBERT SOMMER SUBDIVISION: Mr. Sommer was present requesting approval to divide Lot C, Bardwell Acres into two lots -by a metes and bounds description. The question of sanitary sewer capacity has not been resolved at this time. The City Attorney stated that the question of the right to use the sewer line needs to.be clarified. Councilman Neveaux moved -to table action until further documentation is presented. -Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. MINNEWASHTA REGIONAL PARK - CONDITIONAL USE PERMIT: Pat Murphy was present to discuss proposed revisions to the conditional use permit. The following changes were agreed to: Section 2.01. Master Plan. In reliance on action taken by the Physical Development Committee of the Metropolitan Council of the Twin Cities incorporating park areas C and D in the Master Plan of .j Council I•::.>etir_g July 18, 1977 The following changes were agreed upon: a. Boulevard sodding or seeding. b. The developer shall provide one boulevard tree, of a species acceptable to the City Forester, of a diameter not less than 1-ill for each lot. c. Completion date for sanitary sewer, water, and storm sewer of August 12, 1977. •d. Completion date for all curb and gutter, streets, and final asphalt wearing course of July 1, 1978. e. Bculevards and all front yards shall be sodded or seeded and driveways ,installed upon completion of construction of tree principal structure upon each lot. f. Sidewalks across the two lots along Laredo Drive were discussed. It was decided to study the whole area along Laredo Drive for a sidewalk improvement project in the future. g. Lots 1 and 2 of Block 3, Lot 5 of Block 25 and Lots 1, 2, and 3 of Block 1, Saratoga Lane First Addition may be improved by the erection of one, two (2) family residential structure on each lot. h., Them are two outlots in the plat. " Tom Klingelhutz asked the Council's help in getting the overh ad power line removed that crosses Long View Circle. Counci-L-nian Neveaux moved to authorize lWor Hobbs to sign the development contract as amended. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and di tz. No negative votes. Yotior_ carried. The Council agrees with the Planning Commission's concept of sidewalks but feel it is not important to this project. It should be studied more comprehensively as a separate matter later. SI-IORy;LA M MANAG ITENT RCGULyTIONS - FINAL READING: Councilman Pearson -roved the adoption of an interim ordinance for the management of shoreland areas of the City of Chanhassen. notion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux., daritz, and Geving. No negative votes. T;otion carried. BILLS: Councilman Neveaux moved to pay the June bills as presented. Motion seconded by Councilman Pearson. The following voted in favor: i a.yor Hobbs, Councilmen Pearson, Neveaux, Geving, and .Varitz. Ido negative votes. notion carried. TdAT R 'METER DEPOSIT - ORDINANCE Ai' I PI' NT: Staff recommended that the Council place on first reading an ordinance amendment deleting the wording "meter security deposit" and substituting the yrording "meter charge". Councilman Ge-ving moved to place the ordinance amendment on first reading. T-Iotion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. 1_977 BUDGET AMFNDMENT, TEii:FORARY EMPLOYi TNT - SECTION 8 RENT SUBSIDY PMGR VI: Staff recommended that the Council approve a budget adjustment for 1977 in the amount of $1,500 for the employment of part time salaries to administer the Section 8 Rent Subsidy Program - such to be funded via reimbursements from the state and federal governments. Councilman Neveaux moved to approve a budget amendment in the a. iount-. of �l,500 to T 8 allow for permanent part time employment of Fancy Opfer to carry out the Section Rent Subsidy Program. Motion seconded by Councilman Geving. The following voted City Council Minutes July 11, 1977 -3- TEMPORARY NON -INTOXICATING LIQUOR LICENSE ORDINANCE AMENDMENT - ST. HUBERT_'S CHURCH: Fr. Armand Lubansky of St. Hubert's Church is requesting that the church's temporary non -intoxicating liquor license be increased to ten functions a year. This would require an ordinance amendment. Councilman Neveaux moved to place the proposed amendment on first reading. This amendment would require temporary license holders to state the number of times per year the license would be used; subject to Council approval. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving No negative votes. Motion carried. SARATOGA LANE FIRST AND SECOND' ADDITIONS = UTILITIES AND STREET -IMPROVEMENTS':'' The Council questioned the city engineers involvement in public improvements -_installed in private developments., -Hansen-and Klingelhutz originally petitioned for the city to install the improvements which could require the city engineer to prepare plans and specifications. At this time Hansen and Klingelhutz have.decided to install the improvements privately and the city engineer -has already completed the plans and specifications and received bids. The Council will discuss at another meeting the role of the city engineer in public and private improvement projects. Councilman Pearson moved to approve the private installation of utilities and street improvements for Saratoga Lane First and Second Additions as prepared by Schoell and Madson dated June 24, 1977, upon delivery to the City of a bond in at least the amount of the contract price. The Council requests a letter from Schoell and Madson certifying the plans and specifications. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion -carried. --- Councilman Waritz - In this instance the City Council is authorizing the city engineer to act both as the engineer for the developer and the engineer for the City. This in no way is meant to set a precedent for this type of thing in the future. Mayor Hobbs - I feel that the city engineer and Hansen and Klingelhutz did in this case act prematurely in working together on finalizing plans and specifications for this project and 'I hope it' won't happen- again. BLUFF CREEK DRIVE - TRAFFIC REGULATIONS: Several residents were present objecting to the speed of vehicles and the amount of truck traffic on the street. The Council decided to leave the 30 MPH speed limit -signs -as is and requested residents to furnish City Staff with names of offenders so that the City Manager can write letters to the vehicle owners. The Maintenance Superintendent will survey the street to see if there is enough deterioration to warrant posted load limits. The city engineer will prepare a report on speed bumps and dips -for the next Council meeting. AMBULANCE SERVICE - METHODIST HOSPITAL AND SMITH AMBULANCE:- Earl" Dresser, President of Methodist Hospital, was present to discuss the budgeted deficit incurred by Methodist Hospital in providing paramedic ambulance service (a joint effort with Smith Ambulance) to area communities. This year the program was cut back to 32 ambulances but even so the expected 1977 deficit will be $144,000. It is anticipated that a general levy of 58¢ per resident levied by each of the municipalities benefitting from the paramedic service would provide sufficient monies to off set deficits arising from costs in excess of reimbursements and allowances for non - collections. The Council reviewed the program and were favorably impressed with the service. This request will be considered during the 1978 budgetary process. City Council Mir,-tes July 11, 1977 -2- PUBLIC HEARING STREET VACATION - SARATOGA LANE Mayor Hobbs called the public hearing to order at 8:25 p.m. The following people were present: Tom Hannon, 5209 James Ave. So., Mpls. Pat Kerber, Chanhassen James Hawks Thomas Klingelhutz, Chanhassen Douglas M. Hansen, Minnetonka Craig Mertz recommended that the hearing be continued to August 1, 1977, due to an error in publishing the legal description. This would allow for time to republish. Tom Hannon - My first concern is that the new publication, if the Council so decides, a legal description will be six feet more to the west from where the initial cutoff was. Our.problem is that with the garbage trucks and snow plows are going to have to have some means of turning around. It is also much more convenient for Mr. Kerber to get out of his driveway if he is given a little more room to back up on: Cutting the road off at his driveway, he could swing in but to go back out he needs some room to go back out. A possible concern of ours is that when the road is vacated from the public road-to.'the western most part of his lot, it is our understanding that when a road is vacated that it is divided down the middle and half goes to the abutting property owners and we believe that Mr. Kerber would be entitled to half that road. Russell Larson - The survey does not show that he abuts anyplace along the:vacated portion of the road. - Tom Hannon - In other words Hansen and Klingelhutz owns the property between. Russell 'Larson = The vacation would all go to Hansen and Klingelhutz. The question that you will be asked to determine at.the continued public hearing whether to -vacate from "D" to "B" or vacate from "D" to "B" minus six feet. Mayor Hobbs - The other property owners are here perhaps they wish to comment-. Jim Hawks -.This is the first time this six feet idea has come ' up. Six feet is not a problem. One provision; you know there•is an exception to the plat that hopefully will become a buildable lot some day and we will have a public right-of-way on the western end -of the lot. We wouldn't want six feet more to interfere with the back yard requirements because that's a pretty minimum area now between the frontage on the cul-de-sac and where the vacation is going to take place. I would kind of like to have it indicated at least an understanding with the Planning Commission and Council when we-try'to locate a house on that lot.- It's possible that it might be impossible to -maintain a 35 foot setback by the fact of that 20 foot easement. I guess it -doesn't -matter really, except for that kind of a condition.' - Councilman Pearson moved to continue the public hearing to August 1, 1977. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. Hearing continued at 8:35 p.m. �,, �,'�� r.�. � __-----^- i F : _ _ -- i. ... _i �_��-• .. • s. 2/28/78 M q12 CITY OF CHANHASSEN PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT SANTA VERA VILLAGE ADDITION THIS AGREEMENT, Made and entered into this llth day of Ma:, , 1978, 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 which are more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-1 Planned Residential Development Plan, said Plan proposing a planned unit development consisting of ten (10) apartment buildings, containing a total of eighty (80) units, on approximately 6.6 acres of land which are more particularly described above. Said proposed development is to be known as the Santa Vera Village Addition; and WHEREAS, the Developer has filed with the City its preliminary development plan consisting of the following documents which are incor- porated herein by reference: 1. Grading Plan dated August 28, 1977, labelled Santa Vera Village. 2. Planting Plan, dated September 9, 1977, labelled Santa Vera Village. 3. Architectural Elevations, dated September 23, 1977, labelled Santa Vera Village; 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 residential additions 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 within the subject premises: a. Driveway and parking lot grading, stabilizing, and bituminous surfacing, b. Sanitary sewer mains, -1- C. Water mains, d. Storm and surface water drainage, e. Street signs, f. Boulevard sodding, g. Underground utility and telephone lines, and h. Outside lighting. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan of Santa Vera Village 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. Driveway and parking lot grading, stabilizing and bituminous surfacing, b. Surmountable concrete curbs and gutters on Saratoga and Santa Vera, C. Sanitary sewer mains, d. Water mains, e. Storm and surface water drainage, f. Street signs, g. Boulevard sodding or seeding, h. Underground utility lines and telephone utility lines, and i. Outside lighting. 2. Standards of Construction. Developer agrees that all of the foregoing improvements shall equal or exceed City standards and shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and -the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connec- tion therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or un- suitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satis- faction and approval of the City at the cost and expense of the Developer. 4. Schedule of Work. The Developer further agrees that it shall commence work hereunder on or before October , 19 78, and shall have all work done and improvements fully completed to the satis- faction and approval of the City on or before September 1 , 19 79. 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. 5. Plans and Specifications. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of the above described improvements in said addition, said plans and specifications to be in substantial accord with the above described preliminary development plan as modified herein. Said plans and specifications shall, however, include the following modifications: i. All sanitary sewer lines shall be eight (8) inches in diameter. ii. Fire hydrants shall be spaced at three hundred (300) foot intervals along the watermains depicted on the preliminary development plan. iii. The elevation of the most southeasterly eight (8) unit apartment building shall be raised to 997.0 feet above sea level in order to conduct drainage away from the building. All plans and specifications shall be subject to the final approval of the City Engineer. 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 the subject property shall include a dedication to the City of Chanhassen, its employees, agents, successors and assigns, fire, police,and'.public service utili- ties, a non-exclusive perpetual easement for ingress and egress over all driveways and parking lots within the plat for public service and utility purposes. 6. 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. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the 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 hereunder; 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. 8. Written Work 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. 9. 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. No construc- tion shall be commenced until after said approved performance bond has been filed with the City Manager. 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 addition during all phases of construction, including all phased construction. Developer shall keep all streets within.and near the addition 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 addition until the streets are accepted by the City. 12. Street Lighting. The expense of furnishing electrical energy for outside lighting purposes shall be the responsibility of the Developer and its successors and assigns. 13. Liability Insurance. The Developer shall take out and maintain during the life of this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the 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. -4- Letter of credit to be furnished 14. 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. 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. 16. Special Conditions. a. The preliminary development plan for Santa Vera Village Addition is hereby approved, subject to the following additional standards and conditions: i. Developer shall construct, at Developer's expense, an earth berm along the open parking area in Phase Z, said earth berm being constructed so as to partially shield said parking area from the view of passersby on Laredo Drive. ii. Developer agrees to donate $1,000. per phase (proposed four phases) to be used at Western Hills Park in lieu of other recreational facilities on site. Such donation shall be paid prior to occupancy permit issuance for each phase. iii. Developer shall reserve a portion of the open space of the premises for active recreation purposes by the future residents of the development. iv. Developer shall donate a temporary easement for public right of way purposes so as to provide a cul-de-sac in the northwesterly corner of the subject premises; said easement to exist until said Santa Vera Lane is extended westerly to MSAS 101. V. Saratoga Circle, as depicted on the Developer's Planting Plan, shall be redesignated as Santa Vera Lane. -5- 17. 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 improvement 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 development for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure 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 emergency, as determined by the City Engineers, the notice requirements 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. 18. Address of Developer. The address of the Developer for pur- poses of this development contract is 516 Del Rio Drive, Chanhassen, Minnesota, 55317. 19. 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. JIM An -6- CITY OFi G�NHASSEN By k ,� --Mayor ATTEST: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) On this __ day of 1978, 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. Not r - pun C «KAREN J. ENGELHARDT NOTARY PUBLIC • MINNt'"�OTA 4STATE OF MINNESOTI� } ' CARVER COUNTY it s s . W Commission ExplMs Oat 11, 19K COUNTY OF CARVER 10popp w= °+m+++++F« On this llth day of ,;�, , 1978, before me, a notary public within and for said County, personally appeared Douglas M. Hansen and Thomas 0. Kli elhutz , to me per- sonally known, who, being each by me duly sworn, did say that they are respectively the president and the Sec. Tres. of Hansen & Klingelhutz Construction, Inc., the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors , and said Do las M. Hansen and Thomas 0. Kliaizelhutz acknowledged said instrument to be the free act and deed of said corporation. Notary Public R ,MMMMNVM x KATHLEEN A. HARTKOPF -7- NOT; '�NESOTA 5 CARVER COUNTY c MY Commission Expires Aug. 9, 1984. > yVtvwrvvvM,*,-,Nvvvvvvvvvvvv\e 1VvVVWX CITY OF CHANHASSEN PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT SANTA VERA VILLAGE ADDITION THIS AGREEMENT, Made and entered into this llth day of May , 1978, 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 which are more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-1 Planned Residential Development Plan, said Plan proposing a planned unit development consisting of ten (10) apartment buildings, containing a total of eighty (80) units, on approximately 6.6 acres of land which are more particularly described above. Said proposed development is to be known as the Santa Vera Village Addition; and WHEREAS, the Developer has filed with the City its preliminary development plan consisting of the following documents which are incor- porated herein by reference: 1. Grading Plan dated August 28, 1977, labelled Santa Vera Village. 2. Planting Plan, dated September 9, 1977, labelled Santa Vera Village. 3. Architectural Elevations, dated September 23, 1977, labelled Santa Vera Village; 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 residential additions 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 within the subject premises: a. Driveway and parking lot grading, stabilizing, and bituminous surfacing, b. Sanitary sewer mains, -1- C. Water mains, d. Storm and surface water drainage, e. Street signs, f. Boulevard sodding, g. Underground utility and telephone lines, and h. Outside lighting. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan of Santa Vera Village 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. Driveway and parking lot grading, stabilizing and bituminous surfacing, b. Surmountable concrete curbs and gutters on Saratoga and Santa Vera, C. Sanitary sewer mains, d. Water mains, e. Storm and surface water drainage, f. Street signs, g. Boulevard sodding or seeding, h. Underground utility lines and telephone utility lines, and i. Outside lighting. 2. Standards of Construction. Developer agrees that all of the foregoing improvements shall equal or exceed City standards and shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers. and. the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connec- tion therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or un- suitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satis- faction and approval of the City at the cost and expense of the Developer 4. Schedule of Work. The Developer further agrees that it shall commence work hereunder on or before October. , 19 78, and shall have all work done and improvements fully completed to the satis- faction and approval of the City on or before September 1 , 19 79. 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. 5.. Plans and Specifications. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of the above described improvements in said addition, said plans and specifications to be in substantial accord with the above described preliminary development plan as.modified-herein. Said plans and specifications shall, however, include the following modifications: i. All sanitary sewer lines shall be eight (8) inches in diameter. ii. Fire hydrants shall be spaced at three hundred (300) foot intervals along the watermains depicted on the preliminary development plan. The elevation of the most southeasterly eight (8) unit apartment building shall be raised to 997.0 feet above sea level in order to conduct drainage away from the building. All plans and specifications shall be subject to the final approval of the City Engineer. 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 the subject property shall include a dedication to the City of Chanhassen, its employees, agents, successors and assigns, fire, police,and.public service utili- ties, a non-exclusive perpetual easement for ingress and egress over all driveways and parking lots within the plat for public service and utility purposes. 6. 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. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, thq 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 hereunder; 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. 8. Written Work 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. 9. 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, Dev eloper 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. No construc- tion shall be commenced until after said approved performance bond has been filed with the City Manager. 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 addition during all phases of construction, including all phased construction. Developer shall keep all streets within and near the addition 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 addition until the streets are accepted by the City. 12. Street Lighting. The expense of furnishing electrical energy for outside lighting purposes shall be the responsibility of the Developer and its successors and assigns. 13. Liability Insurance. The Developer shall take out and maintain during the life of this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the 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. * Letter of credit to be furnished - 4 14. 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. 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. 16. Special Conditions. a. The preliminary development plan for Santa Vera Village Addition is hereby approved, subject to the following additional standards and conditions: i. Developer shall construct, at Developer's expense, an earth berm along the open parking area in Phase 1, said earth berm being constructed so as to partially shield said parking area from the view of passersby on Laredo Drive. ii. Developer agrees to donate'$1,000. per phase (proposed four phases) to be used at Western Hills Park in lieu of other recreational facilities on site. Such donation shall be paid prior to occupancy permit issuance for each phase. iii. Developer shall reserve a portion of the open space of the premises for active recreation purposes by the future residents of the development. iv. Developer shall donate a temporary easement for public right of way purposes so as to provide a cul-de-sac in the northwesterly corner of the subject premises; said. easement to exist until said Santa Vera Lane is extended westerly to MSAS 101. V. Saratoga Circle, as depicted on the Developer's Planting Plan, shall be redesignated as Santa Vera Lane. i -5- 17. 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 improvement 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 development for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure 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 emergency, as determined by the City Engineers, the notice requirements 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. 18. Address of Developer. The address of the Developer for pur- poses of this development contract is 516 Del Rio Drive, Chanhassen, Minnesota, 55317. 19. 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 An W CITY 0' CHANHASSEN By__ _ ( �_ a Mayor ATTEST: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) On this 1/a day of 2t-t—J- , 197 , before me, a notary public within and for said County, personally *peared 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. ;..... I KAREN J. ENGELHARDT STATE OF MINNESOTA ) ,� NOTARY PUBLIC- MINNE80TA ss . CARVER COUNTY W Commission Expires Oct. 11. 19K COUNTY OF CARVER ) On this lith day of May 1978, before me, a notary public within and for said County, personally appeared Dou las M. Hansen and Thomas 0. Kiis.zelhutz , to me per- sonally known, who, being each by me duly sworn, did say that they are respectively the president and the Sec. Tres. of Hansen & Klingelhutz Construction, Inc., the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors , and said Douglas M. Hansen and Thomas 0. Klingelhutz acknowledged said instrument to be the free act and deed of said corporation. XAAMAN^.N`A,\,A,& A/xA& .hWAMIVVV•J%AAN <;r " KA.! EEN A. HARTKvPF i.:'C.;:-:•.,LSOTA CARVER' COWITY < My Commission Expires Aug. 9, 1984. > 1AMJVVVVNVVVb`l .Nyyyyy W CITY OF CHANHASSEN PLANNED RESIDENTIAL DEVELOPMENT DISTRICT CONTRACT SANTA VERA VILLAGE ADDITION THIS AGREEMENT, Made and entered into this llth day of May , 1978, 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 which are more particularly described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the Developer has made application under the City Zoning Ordinance to the City Council for the approval of a P-1 Planned Residential Development Plan, said Plan proposing a planned unit development consisting of ten (10) apartment buildings, containing a total of eighty (80) units, on approximately 6.6 acres of land which are more particularly described above. Said proposed development is to be known as the Santa Vera Village Addition; and WHEREAS, the Developer has filed with the City its preliminary development plan consisting of the following documents which are incor- porated herein by reference: 1. Grading Plan dated August 28, 1977, labelled Santa Vera Village. 2. Planting Plan, dated September 9, 1977, labelled Santa Vera Village. 3. Architectural Elevations, dated September 23, 1977, labelled Santa Vera Village; 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 residential additions 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 within the subject premises: k a. Driveway and parking lot grading, stabilizing, and bituminous surfacing, b. Sanitary sewer mains, -1- OR C. Water mains, d. Storm and surface water drainage, e. Street signs, f. Boulevard sodding, g. Underground utility h. Outside lighting. and telephone lines, and NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary development plan of Santa Vera Village 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. Driveway and parking lot grading, stabilizing and bituminous surfacing, b. Surmountable concrete curbs and gutters on Saratoga and Santa Vera, C. Sanitary sewer mains, d. Water mains, e. Storm and surface water drainage, f. Street signs, g. Boulevard sodding or seeding, h. Underground utility lines and telephone utility lines, and i. Outside lighting. 2. Standards of Construction. Developer agrees that all. of the foregoing improvements shall equal or exceed City standards and shall be constructed and installed in accordance with engineering plans and specifications approved by the City engineers and -.the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City engineers. 3. Materials and Labor. All of the materials to be employed in the making of said improvements and all of the work performed in connec- tion therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any material or labor supplied shall be rejected by the City as defective or un- suitable, then such rejected material shall be removed and replaced with approved material, and rejected labor shall be done anew to the satis- faction and approval of the City at the cost and expense of the Developer 4. Schedule of Work. The Developer further agrees that it shall commence work hereunder on or before October , 19 78, and shall have all work done and improvements fully completed to the satis- faction and approval of the City on or before September 1 , 19 79. 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. 5. Plans and Specifications. a. The Developers agree to cause their engineers to prepare all plans and specifications necessary for the installation of the above described improvements in said addition, said plans and specifications to be in substantial accord with the above described preliminary development plan as modified herein. Said plans and specifications shall, however, include the following modifications: i. All sanitary sewer lines shall be eight (8) inches in diameter. ii. Fire hydrants shall be spaced at three hundred (300) foot intervals along the watermains depicted on the preliminary development plan. iii. The elevation of the most southeasterly eight (8) unit apartment building shall be raised to 997.0 feet above sea level in order to conduct drainage away from the building. All plans and specifications shall be subject to the final approval of the City Engineer. 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 the subject property shall include a dedication to the City of Chanhassen, its employees, agents, successors and assigns, fire, police,and.public service utili- ties, a non-exclusive perpetual easement for ingress and egress over all driveways and parking lots within the plat for public service and utility purposes. 6. 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. 7. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the 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 hereunder; 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. 8. Written Work 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. 9. 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. No construc- tion shall be commenced until after said approved performance bond has been filed with the City Manager. 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 addition during all phases of construction, including all phased construction. Developer shall keep all streets within and near the addition 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 addition until the streets are accepted by the City. 12. Street Lighting. The expense of furnishing electrical energy for outside lighting purposes shall be the responsibility of the Developer and its successors and assigns. 13. Liability Insurance. The Developer shall take out and maintain during the life of this agreement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its pubcontractors, 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. -4- Letter of credit to be furnished 14. 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. 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. 16. Special Conditions. a. The preliminary development plan for Santa Vera Village Addition is hereby approved, subject to the following additional standards and conditions: i. Developer shall construct, at Developer's expense, an earth berm along the open parking area in Phase I, said earth berm being constructed so as to partially shield said parking area from the view of passersby on Laredo Drive. ii. Developer agrees to donate $1,000. per phase (proposed four phases) to be used at Western Hills Park in lieu of other recreational facilities on site. Such donation shall be paid prior to occupancy permit issuance for each phase. iii. Developer shall reserve a portion of the open space of the premises for active recreation purposes by the future residents of the development. . iv. Developer shall donate a temporary easement for public right of way purposes so as to provide a cul-de-sac in the northwesterly corner of the subject premises; said easement to exist until said Santa Vera Lane is extended westerly to MSAS 101. V. Saratoga Circle, as depicted on the Developer's Planting Plan, shall be redesignated.as Santa Vera Lane. i -5- 17. 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 entireamount of the assessment roll pertaining to any such improvement 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 development for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the fore- closure 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 emergency, as determined by the City Engineers, the notice requirements 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. 18. Address of Developer. The address of the Developer for pur- poses of this development contract is 516 Del Rio Drive, Chanhassen, Minnesota,.55317. 19. 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 . a And Its W CITY _ CHANHASSEN By Mayor ATTEST: E, a City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) On this day of 777!- 197j', before me, a notary public within and for said County, personally ppeared 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. , jNotar ubl FiL Ic GELHARDT - MINNESOTA STATEOF MINNESOTA ) COUNTY SS. ires Oct- It. 10 COUNTY OF CARVER )~ On this llth day of May 1978, before me, a notary public within and for said County, personally appeared Douglas M. Hansen and Thomas 0. Klingelhutz , to me per- sonally known, who, being each by me duly sworn, did say that they are respectively the president and the Sec. Tres. of Hansen & Klingelhutz Construction, Inc., the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors , and said Douglas M. Hansen and Thomas 0. Klingelhutz acknowledged said instrument to be the free act and deed of said corporation. Notary Public Iru x AAntiAAf A vNAAAAAAAAW\AAAAAAAAA/v.M s KATHLEEN A. HARTKOPF —']_ 'T' CARVER COUNTY < My Commission Expires Aug. 9, 1984. x vuvvv�,v ,rvv ';vvvwwv+uvvvvvw ••� �vw r ,v CITY OF /0. CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 wm q coun % PLANNING REPORT DATE: November 17, 1977 F, y:.ct�� '� -•--•� TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Planned Unit Development Review for Proposed Santa Vera Planned Residential Development APPLICANT: Hansen and Klingelhutz Construction Company, Inc. PLANNING CASE: P-412 Ptt- i f i nn As shown in enclosures 1, 2, 3 and 4, the petitioner is proposing a planned unit development consisting of ten (10) eight unit apartment buildings on a 6.6 acre tract of land. The gross density of this proposed planned residential development is approximately 12 dwelling units per gross acre. Background 1. As shown in enclosures 5, 6 and 7, the Chanhassen city council on May 5, 1969, pursuant to planning commission recommendation, approved a total development plan for the Hansen and Klingelhutz Western Hills Planned Unit Development. Included in this plan were townhouse areas (now existing Laredo Lane single family addition), single family areas, an open space system and a transportation network. Since 1969, Hansen and Klingelhutz has been building to implement the heretofore approved development plans. The proposal before the city council is to implement the multiple family portion of Hansen and Klingelhutz's approved planned unit development. 2. Community Location: As shown in enclosure 1, the subject property is approximately 6.6+ acres of land located directly north of the Chanhassen Elementary School. 3. Existing Zoning: The subject property is zoned P-1, planned community development. This zoning was given in response to the city's approval in 1969. Mr. Don Ashworth -2- Novembe x 17, 1977 4. Comprehensive Plan Proposal: The subject property,.as. shown in the existing Comprehensive Plan, is to assume a low density, single family residential identity. Planner's Comments 1. The criteria for evaluating Hansen and Klingelhutz's proposed Santa Vera Planned Community Development is identified in section 14 of city ordinance 47. The purpose of this section, 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 that meet the needs of moderate and low cost housing.... without sacrificing quality, construction and the city's tax base." 2- During the preliminary plat stage of the proposed Saratoga Lane Addition, (directly north of the subject property) the planning commission and city council reaffirmed their support of apartments on the subject property (Reference city council minutes dated June 6, 1977). 3. Since 1969, Hansen and Klingelhutz Construction Company has made a concerted effort to construct a high quality residential neighborhood in accordance with approved city plans. Part of this development included, but was not limited to,an open space system, single family detached housing, a few duplex lots and municipal street network consistent with the city's transportation plan. 4. Hansen and Klingelhutz has not only created an aesthetically pleasing and functional neighborhood, but the quality of the residential structures constructed to date leaves the casual visitor and resident with a very positive impression of the stability and quality of the residential neighborhood. 5. From a planning perspective, I strongly support the action of previous planning commissions and councils in "philosophically" agreeing to allowing Hansen and Klingelhutz to construct apartments north of the Chanhassen Elementary School. Further, I think it is important that each neighborhood (area to be defined) should have a variety of housing styles. 6. From a planning perspective, I feel the proposed Santa Vera Addition as suggested by Hansen and Klingelhutz, would have a positive impact and would be compatible with existing residential neighborhoods. However, I would suggest that an earth berm be created along the open parking area in Phase I. In addition, I think Hansen and Klingelhutz should be required to provide some active recreation space for future residents of the development. Specifically, I would suggest Hansen and Klingelhutz should be required to install a tennis court or similar structure. Further, the developer as a condition to plan approval, should be required to install a sidewalk along the entire length of Laredo Drive if the city council orders a public improvement project requiring installation of said sidewalk. As you know, this roadway functions as a collector street and many school children use it's right-of-way. Also, the developer should reserve:: some units with a higher amenity package that would be normally be built in a typical apartment project. Mr. Don Ashworth -3- November 17, 1977 by doing this, the apartments would appeal to a broader economic/income base. 7. During plan approval of Hansen and Klingelhutz's Saratoga Lane Addition (area north of proposed Santa Vera) city staff inadvertently missed a requirement to put a temporary cul-de-sac on proposed Saratoga Circle. I believe the developer should dedicate at this time a easement for a temporary cul-de-sac until said road is extended to the west in the Kerber property. In addition, the name "Saratoga Circle" should be changed to Santa Vera Lane because with the original naming confusion with the city's addressing system could result. 8. The city engineer, as shown in enclosure 8, recommended approval of Hansen and Klingelhutz's preliminary plan with a number of exceptions. Staff would recommend the changes as suggested by the engineer be incorporated in the final plans. 9. Four plans, as required by ordinance, are contained within the planner's file and available for city council inspection. Planner's Recommendation Generally I agree with the proposal submitted to date. I would suggest the city council approve Santa Vera Addition only if the conditions as outlined in items 6-8, above, were incorporated into Hansen and Klingelhutz's final plan. Public Input As shown in enclosure 9, the Chanhassen planning commission duly held a public hearing on November 9, 1977, to consider public sentiment regarding Hansen and Klingelhutz's proposed Santa Vera Addition. As in the attached, no comments were received from the general public. Planning Commission Recommendation You will note in enclosure 9, Hansen and Klingelhutz, in response to this planner's suggestion to install active recreations, volunteered to contribute $1,000 to each of the stages to be used for park development in the immediate area. With this in mind, the planning commission took the following action: "Hud Hollenback moved to suggest the developer proceed with implementing plans for Santa Vera Addition provided an earth berm is created along the open parking area in phase I, that they install a sidewalk along the length of Laredo Drive in this development to a four foot width, they should reserve some units with a higher amenity package, the developer contribute $1,000 upon completion of each of the four phases for its improvement or development of Western Hills Park in lieu of providing recreational space on .the property, the developer will modify the color renditions of the building. Motion seconded by Roman Roos and unanimously approved." Ba 3 dw 10, H Np� H H as 0 H H :.. �-� � -�� ',7, , - �L�,'��u - eTT ail l�;�%r : TrI Or OF COMMUNITY LOCATION Susan HANSEN &,KLINGELHUTZ Rice o. / PROPOSED SANTA VERA Marsh •Lake PRD •F OF OF ENCLOSURE I OF OF OF OF OF 34 11 341:3 O • 34 OF OF, It BOULEVARD 0 •F •F PK Lake op Riley 0 OF •OF OF 10 •00 . . . • F.! 0 0 OF OF 1 PIONEER TRAIL . 0 • OF 0 GOLF I I OF OF OF PUBLIC HEARING WESTERN HILLS PRELIMINARY PLAT APRIL 28, 1969 The public hearing was called to order by Chairman Al Barnacle. The following members were present: Bob Scholer, Harry Pauly, Al Barnacle, Dean Scheff, and Anne Neils. John Neveaux and Nick Waritz were absent. The Administrator read the official publication of the hearing. The Chairman explained the duties of the Planning Commission and that the Planning Commission will make recommendations to the Council so that the Council can make a final judgment. Jim Morrison, Sunrise Hills, stated he was not familiar with the plan and would like to have it explained. Herb Baldwin, Hansen and Klingelhutz Landscape Architect, explained the proposed plat in detail. The average lot is 90 feet by 140 feet. Total acreage is 94 acres with 10.6 acres in park, 12.0 acres in streets, 57.2 acres in single family homes, and 14.2 acres in townhouses and apartments. The townhouses will be 1500 to 2200 square feet with two car interior parking space for each townhouse. There are 34 townhouses in Parcel A, 34 townhouses in Parcel B and 36 apartment units in Parcel B. Streets are private in townhouse area. George Beniek, Highland Park, asked where the exact boundary lines are for this proposed plat. Mr. Baldwin explained the area involved in relation to existing subdivisions. Pat Kerber asked about right-of-way width on street between Kerber Drive and Lotus Lane. Al Barnacle stated this would be a collector street with 80 foot right-of-way and 36 feet of blacktop. The existing two streets have 28 feet of blacktop. He stated Hansen and Klingelhutz have asked for a variance to continue with 60 foot right-of-way with 28 feet of blacktop. Mr. Don Boll, Schoell and Madson, read the engineer's letter of April 7 as follows: "Subject, Review of Preliminary Plat, Western Hills 1st Addition. We have reviewed preliminary plans for streets, water system, sanitary and storm sewers for the subject proposed plat. We have found them to meet or exceed all design standards required to provide these services and utilities to the property as well as to adjacent properties which will be served by extensions of these facilities. These plans are preliminary and detail construction plans will have to be submitted for approval prior to any construction. Construction could be divided into three or more phases although the developer has not as yet suggested phasing the development. Easements. Temporary turn -around easements should be provided at ends of streets expected to be extended into adjacent properties. Drainage easements across rear of lots abutting on major drainage ways should be at least 20 feet in width. Easements where sanitary sewer is to be placed should be at least 15 feet in width. Street Right -of -Way. Cul-de-sacs are shown as 100 feet in diameter. the Platting Ordinance calls for 120 foot diameters. Lotus Lane and Lake Street should be considered as Collector Streets and increased to 80 foot width per the Platting Ordinance." Public Hearing, April 28, 1969 -2- He also read the engineer's letter of April 25, 1969, as follows: "Subject, Necessary Provisions for Surface Runoff Proposed Plat of Western Hills. As reported earlier, we have studied the preliminary plans for facilities to handle storm and surface waters in the proposed plat of Western Hills. The proposed storm sewers will adequately serve the area in the plat and some additional areas to the south and west of the plat. The proposed drainage systems empty into three separate drainage ways to the north and east of the proposed plat. These "creeks" discharge into Lotus Lake. Persons familiar with the area have indicated these creeks are wet -dry creeks carrying storm and spring runoff waters rather than continuous flowing. The developer has proposed a three-phase program for development, the first phase being the southeast portion of the area with subsequent phases being located to the northwest. The three drainage ways are: No. 1 - Forcier Creek This waterway or ditch originates in the southern portion of the proposed plat. The developer has proposed to construct storm sewers within the plat in this area which would discharge in this waterway at the east line of the plat. The drainage area above this point is approximately 55 acres, generating up to 50 cubic feet per second of storm water discharge. This volume of water will aggrevate the erosion problems already existing between the east line of the plat and Lake Street below. The ditch is quite close to, and could endanger an existing dwelling (Forcier) in this area. RECOMMENDATION: An adequate storm sewer pipe should be extended from the east line of the plat down to and under Lake Street. In addition, the new storm sewer pipe will have to be installed under Lake Street, since the existing 36" culvert there will not be adequate alone. The latter can continue to serve local gutter drainage along Lake Street. No. 2 - Sunrise Hills Creek This waterway or ditch originates at the east end of the pond which lies partly within this proposed plat. The portion of this waterway between the east line of the proposed plat and Lake Street is a rugged unimproved ditch in which sanitary sewer was constructed in 1968. It will take some time for the construction scars to "heal up". It is felt that with some preventive maintenance and the impoundment of water provided by the pond, including a controlled outlet structure, this waterway should not cause major problems as a result of development of the upstream areas. Future storm sewers and runoff should be directed into the pond rather than into the ditch. The 48" culvert under Lake Street at the foot of this ditch is adequate. From Lake Street to Lotus Lake a 12" pipe underground carries low flows and a wide sodded swale carries heavier overflows to the lake satisfactorily. No. 3 - South Carver Beach Creek This waterway or ditch runs easterly to Lotus Lake draining an area roughly north of the proposed Western Hills and Sunrise Hills, south of Carver Beach and east of County Road No. 17. This is quite a broad valley with a meandering "creek". It does have a narrower gullied area at its upstream end near the northwest corner of the proposed plat. Proposed storm sewers outletting into this drainage way are not expected to create any additional problems. Eventual total development of the drainage area may require some improvements in portions nf the waterway." Public Bearing, April 28, 1969 -3- Jim Morrison asked about the water draining from the field onto Highland Drive and down onto Lake Street which is washing gravel onto Lake Street also the water freezer and makes this intersection slippery. Mr. Bill Mills, Hansen and Klingelhutz Engineer, stated this area will drain to Forcier Creek and the platting of this area will not add to the problem. Russell Larson, Sunrise Hills, questioned the water drainage onto Lotus Lane. Tom Klingelhutz stated they will not grade any land in a way that will contribute any more water down Lotus Lane. Ward Passe, Sunrise Hills, asked if Planning Commission recommendations will go to the Council with only one hearing. Al Barnacle answered yes. Jim Morrison stated Tract A has approximately 49 lots which would mean 98 cars. He moved to the area to be free of traffic. The traffic should be taken out of Tract A another way. Mrs. Giles Courtney, Sunrise Hills, asked if Kerber Drive could be extended into Tract A to divert traffic. Mr. Baldwin stated there was a deep ravine to the north and extending the road through that area would not be feasible. Ward Passe asked if the safety of children was taken into consideration? Mr. Baldwin answered yes. Russell Larson asked if Hansen and Klingelhutz have plans for order of development. IIis question was answered, Tract C would be the first area to be developed. Betty Kelly, Sunrise hills, asked if an easement through Ecklund and Swedlund property could be obtained to build in Tract A so that trucks could go through to County Road 17. Russell Larson asked the Planning Commission to consider that the development of Tract A be deferred until Ecklund and Swedlund develop their area so that traffic can come in through Ecklund and Swedlund Subdivision. Mr. flarroun, Attorney for Hansen and Klingelhutz, stated they would not be willing to subject our land to that kind of servitude in favor of Ecklund and Swedlund whereby neither we nor the Village would have any right to determine when we could build in Tract A. That decision would be in the hands of a third party under whom neither we nor the Village would have any control. Ecklund and Swedlund could wait 50 years before developing. Mr. Michael Walsh, Scholer's Second Addition, asked if a projected traffic study from the townhouse area had been made when area is fully developed. It was requested that the developers make a traffic pattern study on Lotus Lane. Ward Passe asked do we who live in in Sunrise Hills area have the right to protect our area or don't we have that right? Bob Scholer answered yes, but not unreasonably so to stop further development. Public Hearing, April 28, 1969 -4- Stan Tarnowski, Auditor's Subdivision #2, stated he thought the plat is very good. The new road into Sunrise Hills will eliminate traffic on Lake Street. Ed Seim, speaking as a private citizen, felt this plan has followed the right course of action. He also stated it is the most beautiful plan he has seen in this area. He stated the prople here are being narrow minded in their thinking of no further development. If you want that you should have built on a cul-de-sac. This development comes closer to meeting the needs of the Village than any plat thus far. John Brost, presently building a home in Western Hills, stated the traffic study would be a waste of time because you do not know where people will work. Russell Larson stated he has two concerns. Drainage on Lotus Lane and traffic out of Tract A. He finds the layout very good if these two problems can be solved. Ward Passe presented a petition signed by some of the residents of Sunrise Hills: "We, concerned citizens, wish to express our objections to the proposed plat of Western Hills, second addition. Specifically, the inconsiderate extension of the Lake Street "dead end", and the environmental change this will bring to an established neighborhood. /s/ Theresa Erickson, Kenneth Erickson, Irene Scott, F. D. Scott, Helen Morrison, Jim Morrison, Phyllis Patterson, D. R. Bakke, Evelyn Bakke, E. G. Newton, Marlene Newton, Robert Smith, Virginia Smith, Stephen Bucol, Dolores Bucol, Stuart Baird, G. L. Courtney, Lorene Courtney, Jean Barrett, Jim Waletski, Ann Passe, Kathryn Kanter, Alan Kanter, Ward Passe, Dave Halverson, Barbara Halverson, Robert Burke, Darlene Huseth, Don Huseth, Joan Burke, J. E. Willoughby, Jan Willoughby, Mary Joyce Schoening, Jerry Van Gundy, Gail Van Gundy, Audrey Perrin, Frank Perrin, L. Wallad, Norma Wallad." Jim Morrison asked if the park is to be public. He was answered yes. Chairman Al Barnacle closed the public hearing at 10:15 p.m. r,7C Sr'K PLANNING COMMISSION MEETING APRIL 28, 1969 Chairman Al Barnacle called the special Planning Commission meeting to order at 10:30 p.m., April 28, 1969. A motion was made by Dean Scheff and seconded by Anne Neils to submit the Western Hills plat to the Council for approval with the following recommendations: 1. Lots 1 - 6, Block 3 be reduced to five lots, four to be 100 foot frontage and corner lot 120 feet. Village to refund one sewer and water assessment. 2. Recommend temporary cul-de-sacs at ends of Del Rio Drive, Saratoga Drive, Lake Street, and El Paso Trail. 3. Major drainage easements across rear lots of Block 2 be 20 feet. 4. Intersection of Lotus Lane and Highland Drive will be drained south on Lotus Lane as drainage plan indicates. 5. Council hold a storm sewer hearing on the Forcier Creek as recommended by Engineer in letter dated April 25, 1969. 6. Sunrise Hills Watershed Creek - The Engineer's recommendation in letter dated April 25 be followed to wit: Village Engineer to design controlled outlet to be constructed at the developers expense at the time they install storm sewers in Tract A. 7. South Carver Beach Creek - Accept the Engineer's recommendation in letter dated April 25, that no improvement is needed at this time. 8. No more than 50% of the lots in Tract A can be built upon until Lake Street and/or E1 Paso Trail has another method of egress or Tracts B and C are 75% developed in single family dwellings. 9. Recommend Tract A in Block 4 and Tract B in Block 7 be rezoned to Residence District C. The remaining lands to be rezoned to Residence District A. With the further understanding that densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the Planned Unit Developments on said Tracts A and B. 10. Recommend that the Council accept dedication of the 10.6 acre tract identified as park on preliminary plan dated March 25, 1969, and revised March 31, 1969, and that this dedication thereby fulfills the developers obligation under Ordinance #14. 11. Collector Streets - 60 foot right-of-way with 36 feet of blacktop and 40 foot setback of house instead of 30 foot setback and 80 foot right-of-way. 12. Recommend a variance of 150 feet on Long View Circle. Ordinance calls for maximum cul-de-sac length of 500 feet, Long View Circle is 650 feet. The following votes were cast: Harry Pauly - yes, Bob Scholer - yes, Anne Neils - yes, Dean Scheff - yes, Al Barnacle - no. Motion carried. A motion was made by Dean Scheff and seconded by Anne Neils to adjourn. Meeting adjourned at 12:45 a.m. Jean Meuwissen Coi.rotnry i441 yy�t r ...- �J-. CHANHASSEN VILLAGE COUNCIL ET>I GMAY 90 r The Chanhassen Village CQUA9i i. meating an'' M'ay 5;.` 1. f 9 , at t,Q 0 was opened.' with the Pledge to, the Flag, falrigMob ra` '' >: .- present:. Mayor Coulter, Counci•;luipij KlingeUtttz ,`' 0eRa~ 6o1f1, i41i. r god. Bennyhoff :; ` WESTERN HILLS PRELIMINARY PLAT: Mr. Ward Paspe explained to the, Council his Ifeelings :and concern on the., rtrAff is that Tract �'4 . of '.the proposed preliminary plat would. generate pant hiss home On Lske :Street Mr. .Allyn Johnson, Dean Schoening, Mr. and We., Scott; and -Mrs. Srick*Qn also expressed their concern about. the traffic -both re$.idential ' ai d' construction thatwould occur on Lake Street,: Mr. Beirnard • Sphneider, President Chanhassen .Chamber. 1o,f, C;om orce.,: ' rea d the following `letter; "At .the . March 25 , - 1969` meeting of = eanklea+n ; Chamber of . Commerce, the members . passed a resolution enool;,6 h t Hansen : lingelhutz' "Western Hills" subdivision' 4evel4.pm+ tt AAO,. uacgad that the Village Council approve the p1at. In -Viiwi ag to rCIA a .d ` hearingthe pr. eaentat .on, the Chamber of'.Commerc8... r_eali.,�d F�:' ;00 approval of ' the plat :;would open up lands. for Mifh .gr+ade. ,re404%tiai development,.which would. include municipal watex .and'sewer»_:: believe that future housing developments ahoujd `be. Conde iOx ad,..''t�]pgn the auailabili.ty of.municipal water and sewer. The'Ch Q Commerce wishes to congratulate the Village Coun�..:r-+c�lliGy of preparing engineer to determine .the oat. .extending municipal facilities. to areas in need of , these .4i%neti,ts. ^ AftQr receiving-. the engineering estimates,, the Vill0ge.-Council- should m�e every effort . to. provide .water and sewer �to the area+ •fin `:n 4md' to assess the costs against the benefited properti.es, prgvided`,th�t majority of the benefited, landowners Join in `the ref uest { f municipal facilities. In . regard to, the . Western :Hills• devalopmont, , we realize that there is an immediate - problem with r6gard"'to: ar' ood that is being built on a spur or -cul-de-sac... We encou>agq the:-':, Village Council to make an engineering study 'tq determir�O Vhether this 'spur could be`.extended to .a main road.- connecting`with`the:`.West . onto County Road #17 ' The Village Council. 44' in ra 'posi.tion' to guXchase land .or obtain an easement through the'' -private property: ` :,Saul costa; of completion of the road to County Road• 017. `Gould : ngaih 'be assessed to the benefited property owners; if it is, the determination of ..the Village Council that this is not an obligation -of° th® .Vi llage of Chanhassen. It should be considered that' at prosezit., ; .vote . have 0 limited number of building site$: available for .dwrelopment in Axaas wherein water and sewer facilities are,pos.sible. r.aiiure.to gaunt,. approval of the Western Hills subdivision Would restriot imanecliate: expansion of the Village residential deyei.opm®,nt'.'ta a smal-1 .number . of homes .on the 1. eastern edge of the Village.: .,.-The.'-s.ouihwo4t:, u.4k rant of the metropolitan area includes -the. Village, -cif ` ChaahAsssn`. l ' the metropolitan growth is to expand to 4 mi1ic>k�. 'poraons ., bY. the year 2,600, we feel that the Village Co.�#nc l •shQu�;d .accept the responsibility of expanding the water 0, the village road system to encourage: high grate da to ntr such are is >. being, proposed by Hansen and •Klinggl _.. Mr. Stan Tarnowski stated that ltie did .notel thexa w+ata►�.c lae �n undue amount of traffic and that I rpgfe00 was , 40meth�ng;'-t� a:tQ in this area must become more rocepti t Mrs.. Sally deLancey stated l teol that. -th4 Plaanng ..CQMI44jsion has submitted 8 list of recommendation$ And 'feel that with the amount of consideration that has boon given to the ;miscellaneous problems that the Council should approve the Planping CommioaionI a ,recomgipndations. Mr. Al Barnacle explained the reason he voted no at tha Planning Commission meeting on the proposed plat. Reason was he was concerned that all of the information on this preliminary plat could be presented to the Council to give them sufficient time to study so that they could wake a decision at this meeting. Councilman Pearson suggested that Tract A of the proposed plat not be allowed any development Oefora Spring of 1971. Attorney Larson stated that Councilman Klingelhutz has no.conf list of interest on`thi8 proposed plat. A motion was made by Couapcilman Hill and secon4ed by Councilman Pearson to rezone Tract -A in $lock : 4 and i tract 8 ill Block 7 to -. Residences District C. With the furthesr .underst^ndi Pg that the, den&itioe by determined by future ordinance. The Articles of,Homeownexe Aaaagiati,on be submitted prior to approval of the planned devealopme>nts on said Tracts A and B. The remaining of the lapds - to :Ise•.ze�c�tnes� District A. The following voted in- favor • ther0f: M4ydi? are Councilmen Hill, Bong huff, Klingelhutz; and Peaxaon.. Pq mogftt,ivee votes. Motion carri. A motion was made by Councilman Bennyhoff and eloaoaded OX Councilmaa Pearson that a vari *noe from Ordinanoo Igo. 33 bo graanto�h. for the � . w•• Collector `Street$ to a 60 foot- right-of-way with, a. U. top# blacktop surface and a• 40 foot building seth&0k'linee. '.Also a VA.Ti uaee of , 150 feet on Long View Circle from than maximum length : gt4to4 in Ordinance No. 33. The following voted in favor'thora6f; Mayor Coulter, Counoilmoh Hill' Bennyhoff, Pearson, and Klinge. hVtr..,t;4 aa4+�tiVo votes. Motion carried. A motion was made by Councilman Hill and secou3ad by .Councilman Bennyhoff that the Council approver �tho --Vrolixi,xWLry- pot.. submitted by Hansen and Klingelhuts dated Maroh •25 : visa , 31"Pk:. J#49, with the following items as listerd s 1. Lots 1-6 , Block 3, be a and 40 to be 100 foot frontage and the+ pornet 1 : fro j `> 1 The Village to refund one water and. *ewer, a4s,essnt. 2. Temporary cul-dO-sacs 'be installed At- the e.ids Rio Drive, Saratoga Drive, Lake Street, and 93, p.aso "� *1, 3. Major drainage basements #c.�rass'ro4A lasts of. Sa.0ok ba 24 feet. 4. The intersection of Lotus Lana &► d -.,High d•' Ativs -will be drained south on Lotus L,*no as the draihaq* pjgM .indicates. 5. Sunrise Hills Watershed Creek (ray . `, Xi3 ' a 'recommendation in letter dated April 25, 1969.1''beR t9f.IJQ_Wq* W Vitt, Village Engineer to design a aontrvl ; �ttie►it tQ '10e = noted' at tho developers exp*nso at; tho W- aY iasstak :':ll rm sewers, in Tract A. 6. South Carver Beach Creek ( 3) .r' . `Ar�agA , BagaL�esr , a • .reco ►ert$ation in letter dated April ''25, l9d'9 {fah # '.no ij*rovq Mont 'is needed at this time. 7. Accept the dedication of 4, 14.6','*Cre tract °t°tjied 4e '.p�k obi the preliminary plat and, � `thi:e►' ad�d� : � � "0,44ra�kpy *%xIii,lls the developers obli,g4ttion Uad4af# Yquatkr � ..Lai , A Council Minutes, May 5, 1969 -3- 8. That there by no construction allowed in Tract A until another method of egress to serve the area has been approved by the Council. The following voted in favor thereof: Mayor Coulter, Councilmen Hill', Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. UNRISE HILLS THIRD ADDITION: Robert Scholar read the following atement to the Councils I am hereby requesting time/;n-yo ag da of May 5, 1969, to ask for reconsideration and af the roposed Sunrise Hills Third Addition, comprised of, 6, an 7, Block 2, Sgnrise Hill# Secoild Addition. I wias your E inaer has suggested, to ,pay ogle additional wateent. of $506. 4 in cash, for the one 4dditional lot createdl approval. the plat, The $250.60 unit charge would b paid urn the connec on to a new home. The Village should br 'g one service lead with cu b box to the property line, as has be* !done.,for''bnr lots in the S ,vision carrying the same assessme x will £azrther agree to pay S 068.68 in cash for the sanitary s,eiier -assessment for the once addi ional lot created. Again the $250.00 unit chatge would be paid upo application for connection to a home. [finder this arrangement the Vi age would be expected to aissume responsibility for extension of the sanitary 89wv g the'back l hO of Lot 3. If the Council please I Am agr*arAb;m 'to t e alternoto suggest:lon by the Engineer, that i"R: assume they rasp sibility myself for extending the sanitary s ;war line across/,the back of Lot 5. In this situation there wool \,be no additional unit assessment for the one additional lot created 'but only a 250.00 connection oharg4." Mrs. Courtney, )Jr. Ralph Thrari , an�'Mr. Ward Passe stated that they would not object to this propos#d replatting. r The Village Attorney stated that//"afore a decision would be made it would require a raw hearing as per Ordinance #33. A motion was made by Council -an Bennyh'iff and seconded by Councilman Klingelhuts that the Counci/,V reconsider'> is motion of November 18, 1968-, and approve the ree✓l� tting of said" reliminary plat. The following votes were oases: Councilman VeA eon -- no, Councilman Hill - no, Councilman Klinge4httz - yes, Mayor Coulter,- yes, Councilman Bennyhoff - yea. Motion carried. `:` Robert Scholar stated that he was willing to accept the Attorney's decision on the necessity for a new hearing and stand any such costs incurred if this became necessary, 68-2 WELL: The'Villag® Engineer gave a report on the�ump house for the new well nd the connection tQ the municipal syste A motion w made by Councilman ktkIl and seconded by Coun ilman Bennyhoff,. hat notice is hereby glvou #hat sealed bids, in'dupl cote, will be eceived $n the office of th Village Administrator Village Hall, C anhasaen, Minnesota, at 2t�1Q p.m. local time, May 27, 1969, and t n publicly opened by the V*jJ%ge Administrator and Engi or: tabu tad and considered by the Vilj4g4 Council on June 3, 1969,.in the ouncil Chambers, for the. ogaa.4rU0tign of a 28. foot by 16 foo 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.EMONO KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 City of Chanhassen c/o Mr. Bruce Pankonin Box 147 Chanhassen, Minnesota 55317 Gentlemen: OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS October 12, 1977 Subject: Hansen & Klingelhutz Santa Vera Village PRD, Preliminary Plan Review. We have reviewed the subject Preliminary Plan dated August 28, 1977, from an engineering point of view and have the following comments: 1) The sanitary sewer alignment shown will adequately serve the development. All lines should be 8-inch diameter. 2) Hydrants should be spaced at 300 foot intervals along the water - main shown through the development. 3) The drainage plan is adequate except: a) Additional storm sewer will be required to serve the southeast 1 a 6 acres of the property. b) The elevation of the most southeasterly 8-unit apartment building should be raised to 997.0 to conduct drainage away from the building. 4) The street widths and grades are acceptable. We feel the plan is adequate for Public Hearing purposes subject to the developer's conformance to the recommendations contained herein. Very truly yours, SCHOELL & MADSON, IZIC. WJBrezinsky:bk Planning.Commission Meeting November 9, 1977 Bruce Pankonin Can you.hook.up.to the sewer, Bill? Bill Brezinsky - Y'es,.from the information we have there are no restrictions on connecting to that fine. Bill Swearengin - Frank was involved in this at the time it was hooked up. Frank is also on the Shorewood Planning Commission and T'rather suspect he has some intimate knowledge on. this. Bill Brezinsky - we looked into it when we did the north area sewer project and that's what we checked out if we could make any: more connections or if there was a limited number of connections to that lime and there was not. Bruce Pankonin - If would suggest the Planning Commission, if you find this proposed subdivision to be consistent with the spirit and intent of the city plan, condition your.recommendation upon the availability bf sanitary sewer to the subject property. Bill Swearengin - I have no objection to what you are planning as long as you put in the notes that we will, at least I will, Bill Swearengin, push for commercial development on my piece of land in the future. That any purchaser of the property should be aware of this. Hud Hollenback moved to close the public hearing. Motion -seconded by Les Bridger and unanimously approved. Hearing closed at 10:05.p.m. PUBLIC HEARING SANTA VERA PRELIMINARY DEVELOPMENT PLAN HANSEN AND KLINGELHUTZ Dick Dutcher called the hearing to order with the following interested persons present: Craig Mertz, 510 Laredo Drive Doug Hansen, 17001 Stodola.Road, Minnetonka Jim Hawks, Lyle L. Guhl, 511 Del Rio Drive Bill Brezinsky Jim Alsup, 102 E. 19th St., Mpls. The City Planner read the official notice as published in the Carver County Herald. The City Planner gave his report. The property is located directly north of the Chanhassen Elementary School and is zoned P-1. Sanitary • J sewer and water is available to the property. The proposal is to construct 10 eight -unit apartment buildings.. The Planner feels the developer should be encouraged to proceed with implementing the plan J for Santa Vera, however, he suggested an earth berm be created along the open parking area in Phase I. Hansen and.Klingelhutz should be required to provide some activerecreation space on the site. The developer be required to install a sidewalk along Laredo Drive. The developer should reserve some units with a;higher amenity package than would normally be built in a typical apartment project. The Planner stated he has not been particularly enamored with -the architectural style of the buildings.. Jim Hawks - Our approach was that we would.try to maintain the topography and minimize the grading on the site. We also recognize this is a major entrance road into this residential neighborhood. The school is a public property. It does have the tennis courts existing on it which. are for the school plus the general,pub,110.. At.the entrance we were proposing a berm and this would.be'pl4nted .so th4t when your vision It! R. d Planning Commission Meeting November 9, 1977 7 enters this proposed development you will not immediately see the structures. -We would like to stage the development, four possibly five. years. We do not anticipate there will be many children in the development. We have a little bit of difference with Bruce as far as active recreation on the site: Part of the PUD.was'the parr. It needs. to have some development in it and we proposed last time, not objecting to the active recreation, but we are questioning whether it should be on this site. We would meet that obligation by putting $1,00.0 for each stage to be used to develop that park. We assume this group of residents is going to pay their fair share of the tax picture to help develop as much as the rest of the neighborhood is also. There is somewhat of . a cut back or retrenchment on extensive exterior active recreation; tennis courts, swimming pool, shuffleboard courts, and a lot of things that were in the apartment picture a few years ago. Part of it is cost but part of it is after having lived with the administration of those sites it is kind of a problem. We would just as soon not have it here and we are not starting out with the intent of trying to attract the young unmarried adult. It isn't the market we are hoping to get in this particular project. We would like to support some recreation but we would rather not have it on this location. As far as upgrading, we don't object to that except that to promise someone that we will put in fireplaces and we will have -sunken living rooms and all these things, that's nice but I guess it depends a little bit on whether or not the market reflects what we are proposing. We would rather start without it. We have been thinking through the cost and design. We don't want to be pinned down to it at this stage. J Hud Hollenback - In parking lots like this, is there need for lighting? Jim Hawks - There will be lights on the garages. Security lights will have to be put in but not the lighting that we have known in the past. Hud Hollenback - I have a probiem with the buildings. I don't see it fitting the way you are describing it, fitting into the land, this sort of thing. Jim Hawks - This is a style of building which has become very popular in the southwest. This is a tudor type building and stucco is expensive. We would like to have a light and airy type of construction and also with the stucco they would be all light colors, gray, tan, white. We don't want it to look like an institution. There will be a variety of colors in there. Hud Hollenback - This hadn't been mentioned before. I assumed they would all be white stucco buildings. Les Bridger - Did you indicate there would be no problem with the sidewalk? Doug Hansen - That's. right. A sidewalk up.to four feet wide. Jim Hawks - Having public sidewalks leading to the schools on major streets is a good idea. I am not so sure that it's necessarily equitable to have the people who happen to own the property there pay for it all. It really is a neighborhood service. Hud Hollenback moved to close the public hearing. Motion seconded by ,Les Bridger and unanimously approved. -Hearing closed at 10:40 p.m. SANTA VERA PRELIMINARY DEVELOPMENT PLAN:. Hud Hollenback moved to suggest the developer proceed with implementing plans:::for:Santa Vera.PUD provided an earth= -berm. -.is created along the open parking area in. Phase I, that they install a sidewalk along the-length.of.Laredo-Drive in this Planning Commission Meeting November 9, 1977 -8 A ')development to a four foot width. They should reserve some units with a.high.amenity package. The developer contribute $11000 upon completion of each of the four phases toward improvement or development of Western .,-- Hills -Park in lieu of providing recreational space on the property. Thf, developer will modify the color renditions of*the buildings. Motion seconded by Roman Roos and unanimously approved.. ROBERT SOMMER SUBDIVISION: The City Engineer .will check on the status o .t a existing sewer line. Hud Hollenback moved to recommend the Council approve dividing Lot C Bardwell.Acres into two lots as per Mr. Sommer's request subject.to the Engineer's findings. Motion seconded by Les Bridger and unanimously approved. COMMUNITY FACILITIES STUDY COMMITTEE: Members discussed a possible site along MSAS 101 for a library, public works garage, and city hall. Hud Hollenback - I have a problem with the church being a library for the amount of money spent for an elevator and all that kind of thing. As a long term investment I just don't quite see it. We can do without a library for a certain amount of time until we do'it right. Dick Dutcher - I tend to agree with Hud's comment. Walter Thompson - I think anything that goes into the church should be a very very minimum amount. We would be using those dollars to a better advantage elsewhere for a library particularly. I am not so sure but what the library ought to have a considerable priority even though there is one in Excelsior, there is one on. County Road 4. I can see a further problem coming up this spring if this bond issue is going to come up at that time, if the people aren't a whole lot better informed than they are now, and I suspect from the information we have here we probably have more information than 95% of the people in the community, there is going to have to be a good PR job done on this to get the information out how badly we need all these facilities. Dick Dutcher - Couldn't we get the Community Schools involved.in administering the use of the church basement for meetings. Don- Ashworth - Homeowners association meetings and the art classes. Hud Hollenback - Bridge groups. Dick Dutcher - They could use the basement. They have been used to getting the city hall and getting it for free. Don Ashworth - One thing we have talked about is there is definitely a need in the community for those type of activities. Whether they are free or $2.00 a night ... Hud Hollenback - There is a lot of wear and tear. Somebody has to maintain it, sweep up. Don Ashworth - There is a real question in there. If it's a regular club and making profits maybe you can charge. What if it's beginning bridge lessons? One thing for sure there is definitely a community need for facilities like that. Dick Dutcher - Can we agree that we don't recommend that the library facility be included in the church? Hud Hollenback - That's the way I feel. Walter Thompson - I would agree to that. Dick Dutcher - Can we agree that some effort ought to be made whether it's through the Community Facilities Committee or some other body that an attempt be made either through Community'Schools or some other organization to promote the use of the church since it apparently is going to be a public facility,'that that be encouraged to develop CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Attorney, Russell Larson �L FROM: Don Ashworth, City Manager DATE: November 30, 1977 SUBJ: Proposed Santa Vera Planned Residential Development I assume that your office and the planning department will jointly work on preparation of the conditional use permit for this development. Don't forget that this office and Council are seeking an answer to the question of the necessity of the builder to pay park acquisition and development charges in accordance with the new park ordinance. I do not believe that it is unusual for a municipality to require ::ertain recreational facilities to be maintained within a development, sdlely for the renters of that facility. Additionally, these developers are required to pay charges under a park acquisition and ievelopment ordinance for general city park facilities available over and above those provided on the specific development. This could even be related to single family residential where minimum back yards are required for open space recreational use, but not being a credit to or being in lieu of general city park facilities. As such, I do not think it would be unusual for your office to consider that the developer should pay both the $1,000 per phase and pay the applicable unit charges per apartment. I await your response. CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 October 13, 1977 Mr. Doug Hansen Hansen and Klingelhutz 516 Del Rio Drive Chanhassen, MN 55317 Re: Santa Vera Village Dear Doug: Please furnish this office with a legal description outlining the boundaries of your proposed Santa Vera Addition. I will need the legal description by Monday, October 17, 1977, so that I can get a notice of public hearing in the paper to consider your proposed development. If I do not receive the legal description on Monday, the public hearing cannot be held on November 9, 1977. Thank you for your cooperation. Sincerely,"�2 ` , ! Bruce Pankonin City Planner BP:k ME'NoRANDUA:f DAT E. I% TO :- P� FRGM . - Corr SU8 J. •ce P- Hen s e APA�r�N�' n a PLANNING CAS Hans a E. — H ns -pleas inC1ud andZ� N EnC�o ZhS?e Sores 11- jCity 2• PZa��2 City P1a�n�� : c� CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: November 3, 1977 TO: Planning Commission, Staff and Hansen and Klingelhutz Construction Company, Inc FROM: Bruce Pankonin, City Planner SUBJ: Hansen and Klingelhutz Santa Vera Village PRD APPLICANT: Hansen and Klingelhutz Construction Company, Inc. PLANNING CASE: P-412 Please include the following enclosures with your copy of exhibit 1, Hansen and Klingelhutz Santa Vera PRD: Enclosures 11. City Planning Commission minutes dated October 12, 1977. 12. 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Planning Commission Meeting October 12, 1977 - 11- size from 768 to 804 square feet and the two bedroom, 1,044 to 1,080 square feet. Hansen and Klingelhutz propose'.td'.offer ' $1,.000 a year for four years to be spent in developing active play areas in the existing park north of this area. Staging is proposed as follows: 1977-1978 Two buildings in the northeast corner of the property with garages. 1978-1979 Two buildings in the southeast corner of the property with garages. 1979-1980 Three buildings generally located to the south west of the property with garages. 1980-1981 Three buildings generally located to the northwest of the property with garages. Grading and stabilization of the soil would be completed this year. The buildings are to be built of stucco and wood, two story in height. Hud Hollenback moved to hold a public hearing on November 9, 1977, at 8:45 p.m. to consider a preliminary development plan for Santa Vera PUD. Motion seconded by Roman Roos and unanimously approved. SUBQZYISION REQUEST - ROBERT SOMMER: Hud Hollenback moved t d a publ r ng on November 9, 1977, at 9:30 p.m. to er the subdivision r- t for Robert Sommer. Motion ed by Walter Thompson and unanim approved. PLANNING COMMISSION APPOIN es Bridger and Jerry Neher have ind Cated they wish a re-appointe he Planning Commission. Hud H luck moved to adjourn. Motion seconded by Walter pson and unanimously approved. Meeting adjourned at 12_40 a.m. Don Ashworth City Manager CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: November 3, 1977 TO: Planning Commission, Staff and Hansen and Klingelhutz FROM: Bruce Pankonin, City Planner SUBJ: Hansen and Klingelhutz Santa Vera Village PRD APPLICANT: Hansen and Klingelhutz PLANNING CASE: P-412 Petition As shown in enclosures 1 - 11, Hansen and Klingelhutz Construction Company is proposing a planned unit development consisting of ten 8 unit apartment buildings on a 6.6 acre tract of land. Planner's Recommendation I feel the developer should be encouraged to proceed with implementing the plans for the Santa Vera Planned Unit Development, however, I would suggest that an earth berm be created along the open parking area in phase 1. In addition, I think Hansen and Klingelhutz should be required to provide some active recreation space for future residents of the development. Specifically, I would suggest the applicant be required to install a tennis court or similar structure. In addition, I recommend the developer be required to install a sidewalk along the entire length of Laredo Drive. Further the developer should reserve some units with a high amenity package that would normally build in a typical'apartment project. By doing this, the apartments would appeal to a broader economic/income base. If the developer meets these conditions I would recommend the city approve the planned unit development. Parenthetically, to aid the planning commission in the decision making process I would recommend the commission encourage the council to establish an architectural control committee which would have the power of review and approval of the architectural style of each high density residential, commercial and industrial building proposed to be built in the City of Chanhassen. CITY OF C-ANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON PROPOSED PRELIMINARY DEVELOPMENT PLAN FOR HANSEN/RLINGELHUTZ DEVELOPMENT CORPORATION CH+.�4HASSEN, MINNESOTA NOTICE IS HER & BY GIVEN That the Plana.,ig C.,mr.,. •olo:, of the City of ChanL,,ssen, Minneso . will meet on Wednesday, the 9th da; of November, at 9:30 o'clock p.m. at the City Hall, 7610 Laredo ve, Chanhassen, Minnesota, for the purpose o -a a public ..hearing on a proppooled preliminary evelopment plan for Han- sen/KUngelhutz Deyeiopmeat Corporation and in- volving the following described as 6.6 plus or minus acre tract of land: "Out lot B - Saratoga 1st Addition" TI-s property is located directly north oft the a..❑hasaen Elementary School. A plan showing said Fr ,osed preliminary development planU available for in..;,ection at the City Hall. All interestell persona may a spear and be heard at said time and place. ilk -_d: October 17, 1977 BY ORDER OF THE PLANNING COMMISSION Brace Pankoula, City Plan ar (Publish in the Carver County Herald on 0 obe 1977.) 0 Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) William llc it ar ry being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper ]mown as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska m said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed— Fl ub l 1 C l le ar :L n, hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Dne successive weeks; that it was first so published on We d • the 19 t n day of OC t; . _ 1972 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abedefghijklmnopgrstuvwxyz Subscribed and sworn to before me this day of (Notarial Seal) LORRAINE LANO NOTARY PUBLIC — MINNESOTA �l� JRt�� CARVER COUNTY ..+ My Commission Expires June 29, 9982 Notary public, ems_County, Minnes My Commission Expires Q- c 19 fta W\ CITY OF CHANHASSEN 1 AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) DON ASHWO'RTH and says that he is and was on , being first duly sworn, on._oath deposes October 21 19 77 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a HANSEN AND KLINGELHUTZ SARATOGA LANE DEVELOPMENT inthe 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 . Subscribed and sworn to before me,,-r,j this T 4 day r>f Public / KHY , KLiNucLHUTZ '- NIOTARY PUBLIC. MiNNESOTA y ' CARVER COUNTY 't My Commission Expires Jon. 30, 1981 Don Ashworth, City Manager CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING ON 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 9th day of November, 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 a proposed preliminary development plan for Hansen/Klingelhutz Development Corporation and involving the following described as 6.6+ acre tract of land: "Outlot B - Saratoga 1st Addition" This property is located directly north of the Chanhassen Elementary School. A plan showing said proposed preliminary development plan is available for inspection at the City Hall. All interested persons may appear and be heard at said time and place.: Dated: October 17, 1977 BY ORDER OF THE PLANNING COMMISSION Bruce Pankonin, City Planner Publish in the Carver County Herald on October 19, 1977. ug;y.Chanhassen Elementary School Michael Rosenwald Gregory Eida i,.7600 Laredo Drive 7440 Longview Circle 501 Laredo Lane t: Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Bernard Kerber Warren Carlson Robert Halverson Box 57 7420 Longview Circle 511 Laredo Lane Chanhassen, Phi 55317 Chanhassen, MN 55317 Chanhassen, M 55317 Hansen and Klingelhutz Robert Voigtsberger William Ryan 516 Del Rio Drive 7400 Longview Circle 512 Laredo Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, M 55317 Robert Cavinds David Roalstad 7320 Longview Circle 513 Laredo Lane Chanhassen, MN 55317 Chanhassen, M 55317 Gordan Nagel Haskell McCall John Olsen 514 Del Rio Drive 7360 Longview Circle 514 Laredo Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, M 55317 James Nye Patrick Kerber Richard Sult 512 Del Rio Drive 600 Saratoga Lane 515 Laredo Lane Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 William Richardson Donreed Properties Robert Navarro 510 Del Rio Drive .337 Water Street 516 Laredo Lane Chanhassen, MN 55317 Excelsior, MN 55331 Chanhassen, MN 55317 Wilber Aydt Edwin Wilch Lyle Giehl 515 Del Rio Drive 7441 Longview Circle Del Rio Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, bIN 55317 Dennis Karlen Donald Stafford Michael Walsh 513 Del Rio Drive 7421 Longview Circle 512 West 76th St. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Charles Kostocka. Donald and Karen Ashworth Thomas Faust 7480 Longview Circle 7401 Longview Circle 510 West 76th St. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Donald Weispfening Peter Bison John Bear 7460 Longview Circle 7367 Longview Circle 508 W. 76th St Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 r;. Dwight Leatham 506 W. 76th St. Chanhassen, m 55317 lbnald Palmer 7602 Kiowa Box 125 Chanhassen, MiQ 55317 Fred Diddson 7605 Laredo Drive Chanhassen, MN 55317 Elaine Bjornson Box 261 Chanhassen, MN 55317 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: October 5, 1977 TO: Planning Commission, Staff and Hansen and Klingelhutz FROM: City Planner, Bruce Pankon.in SUBJ: Hansen and Klingelhutz Santa Vera Village PRD APPLICANT: Hansen and Klingelhutz Construction Company, Inc. PLANNING CASE: P-412 Attached hereto, please find the following enclosures submitted in response to Hansen and Klingelhutz's proposed Santa Vera Planned Residential Development: Enclosures 1. Community Location Graphic 2. Preliminary Grading Plan dated August 28, 1977. 3. Preliminary Landscape Plan dated September 9, 1977. 4. Building Elevations dated September 23, 1977. 5. Garage Detail (undated). 6. Planning Commission public hearing minutes dated April 28, 1969. 7. Planning Commission minutes dated April 23, 1969. 8. City Council minutes dated May 5, 1969. 9. City Planner's Report dated October 5, 1977 10. City Engineer's report dated October 12, 1977. (To be delivered under separate cover) . CITY OF CHANHASSEN 7610 LAREDO DRIVE*P 0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 5, 1977 TO: Planning Commission, Staff and Hansen.and Klingelhutz Construction Company Inc. FROM: City Planner, Bruce Pankonin SUBJ: Planned Unit Development Review for Proposed Santa Vera Planned Residential Development APPLICANT: Hansen and Klingelhutz Construction Company, Inc. PLANNING CASE: P-412 P,--i-1-inn As shown in enclosures 1, 2 and 3, the petitioner is proposing a planned unit development consisting of ten (10) eight unit apartment buildings on a 6.6 acre tract of land. The gross density of this proposed planned residential development is approximately 12 dwelling units per acre. Background 1. As shown in enclosures 6, 7 and 8, the Chanhassen City Council, on May 5, 1969, approved a total development plan for the Hansen and Klingelhutz, Western Hills Planned Unit Development. Included in this plan were townhouse areas (now existing Laredo Lane Addition), single family areas, an. open space system and a transportation system. Since 1969, Hansen and Klingelhutz has been building to implement the heretofore approved development plans. The proposal before the planning commission is to implement the multiple family portion of Hansen and Klingelhutz's approved planned unit development. 2. Community Location: As shown in enclosure 1, the subject property is approximately 6.6 acres located directly north of the Chanhassen Elementary School. 3. Existing Zoning: The subject property is zoned P-1, Planned Community Development. This zoning was given in response to the city's approval in 1969. Planning Commission -2- October 5, 1977 4. Comprehensive Plan Proposal: The subject property, as shown in the existing Comprehensive Plan, is to assume a low density single family residential identity. Planner's Comments 1. The criteria for evaluating Hansen and Klingelhutz's proposed Santa Vera Planned Community Development is identified in Section 14 of city ordinance 47. The purpose of this section, 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 that meet the needs of moderate and low cost housing.... without sacrificing quality, construction and the city's tax base." 2. During the sketch plan stage of the proposed Saratoga Lane -Addition, (directly north of the subject property) the planning commission reaffirmed their support of apartments on the subject property. 3. Since 1969, Hansen and Klingelhutz Construction Company has made a concerted effort to construct a high quality residential neighborhood in accordance with approved city plans. Part of this development included but was not limited to an open space system, single family detached housing, a few duplex lots and a municipal street network consistent with the city plan. 4. Hansen and Klingelhutz has created not only an aesthetically pleasing and functional neighborhood, but the quality of the residential structures constructed to date leaves the casual visitor and resident with a very positive impression of the stability and quality of the residential neighborhood. 5. From a planning perspective, I strongly support the action of previous planning commissions and councils in "philosophically" agree to allowing Hansen and Klingelhutz to construct apartments north of Chanhassen Elementary School. Further, I think it is important that each neighborhood (area to be defined) should have a variety of housing styles.. 6. From a planning perspective, I feel the proposed Santa Vera Addition, as suggested by Hansen and Klingelhutz, would have a positive impact and would be compatible with the existing residential neighborhood. 7. The applicant should be questioned as to the timing and phasing of the proposed PRD. Although the landscape plan indicates a phasing plan, the timing of this element is not enunciated in the submitted plans. 8. I feel the developer should be encouraged to proceed with implementing these plans, however, I would suggest that an earth berm be created along the open parking area in phase::l• In addition, I think Hansen and Klingelhutz should be required to provide some active recreation spaces for the future residents of the development. Specifically, I would suggest, they be required to install a tennis court or similar structures. Planning Commission -3- October 5, 1977 9. The developer, as a condition of plan approval, should be required to install a sidewalk along the entire length of Laredo Drive. As you know, this roadway functions as a collector street and many school children use it's right-of-way. 10. Further, the developer should reserve some units with a higher amenity package than would normally be built in a typical apartment project. By doing this, the apartments would appeal to a broader economic/income base.. Planner's Recommendation Generally I agree with the proposal submitted to date. I would suggest the planning commission order a public hearing to be held on November 9, 1977, to test neighborhood sentiment on the issue. 1 CITY OF CHANHASSEN 7610 LAREDO DRIVE•P.0 BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: September 12, 1977 TO: Planning Commission, Staff and Hansen and Klingelhutz Construction Company, Inc. FROM: Bruce Pankonin, City Planner SUBJ: Hansen and_Klingelhutz Santa Vera Village PRD PLANNING CASE: P-411 Attached please find the following exhibits submitted in response to Hansen and Klingelhutz's proposed Santa Vera Planned Residential Development: Enclosures 1. Preliminary Grading Plan dated August 28, 1977. 2. Preliminary Landscape Plan dated September 9, 1977. 3. Front Elevations, Undated. 4. City Planning Commission Public Hearing Minutes. 5. Community Location Graphic. 6. Public Hearing Minutes Dated April 29, 1969. 7. City Planning Commission Minutes dated April 28, 1969. 8. City Council Minutes dated May 5, 1969. 9. City Planner's Report dated September 12, 1977. 10. City Engineer's report dated September 15, 1977.(to be delivered under separate cover). CITY OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 12, 1977 TO: Planning Commission, Staff and Hansen and Klingelhutz Construction Company, Inc. FROM: Bruce Pankonin, City Planner SUBJ: Planned Unit Development Review for Proposed Santa Vera Planned Residential Development PLANNING CASE: P-412 As shown in enclosures 1, 2 and 3, the petitioners are proposing a planned unit development consisting of ten 8 unit apartment buildings on a 6.6 acre tract of land (12+ units/gross acre). Background 1. As shown in enclosures 6, 7 and 8, the Chanhassen City Council, on May 5, 1969, approved a total development plan for the Hansen and Klingelhutz, Western Hills Planned Unit Development. 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. A proposal before the Planning Commission is to implement the multiple family portion of Hansen and Klingelhutz's planned unit development. 2. Community Location: As shown in enclosure 5, the subject property is approximately 6.6 acres located directly north of the 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 in 1969. 4. Comprehensive Plan Proposal: The subject property, as shown in the existing Comprehensive Plan, is to assume a low density single family residential identity. Planning Commissio. -2- September 12, 1977 Planner's Comments 1. The critiera for evaluating Hansen and Klingelhutz's proposed Santa Vera 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 development .... developments to meet the needs of 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 restrict their comments on the proposal's consistency with the existing City Plan and zoning ordinance. 3. Since 1969, Hansen and Klingelhutz Construction Company has made a concerted effort to construct a high quality residential neighborhood in accordance with approved city plans. Part of this development included, but was not limited to, an open space system, single family detached housing, a few duplex lots and a municipal street network consistent with the City Plan 4. Hansen and Klingelhutz has created not only an aesthetically pleasing and functional neighborhood, but the quality of the residential structures constructed to date leaves the casual visitor and resident with a very positive impression of the stability and quality of the neighborhood. 5. From a planning perspective, I strongly support the action of previous planning commissions and councils in "philosophically" agreeing to allowing Hansen and Klingelhutz to construct apartments north of Chanhassen Elementary School. However, the proposal before the Planning Commission (enclosures 1, 2 and 3, attached) leaves this planner rather cold as to the compatibility or consistency of the new structures to the high quality, economy and environment of the Western Hills neighborhood. To put these comments more bluntly, I would have a very difficult time supporting the petitioner's request at a public hearing which will be called to test neighborhood sentiment on the issue of constructing apartments north of Chanhassen Elementary School. Planner's Recommendation I think the developers should be encouraged to proceed with implementation of the Western Hills Planned Unit Development, however, I think the structure type and amenity package associated with apartments north of the school should be beefed up somewhat. S v L AR+e via LA'NG