78-01 - Chaparral PUD Amendment pt 10CITY OF
CHANHASSEN 'J
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
January 11, 1984
Mr. Roger Knutson
Grannis, Grannis, Campbell and Farrell
403 Norwest Bank Building
161 North Concord Street
South St. Paul, MN 55075
Dear Mr. Knutson:
Attached is the original letter of credit that is still in effect
for New Horizon. Also, in checking our records against those
of Carver County, up-to-date assessment delinquencies have been
calculated in an amount of $205,837 with remaining balances
totaling $518,864. These figures do not include any penalty
charges which can run as high as 9$.
Again, there is a need to proceed quickly since the letter of
credit expires on February 1. Should you need additional infor-
mation, please let me know. Also, I will make myself available
to meet with yourself and New Horizon's representatives as
necessary.
Sincerely,
William Monk
City Engineer
WM:k
Enclosure
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NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS
store-.T..1a�tdIlsA7rdlf`--twsii�sl�lre+ait: sr -
7TH B MARQUETTE
f/ MINNEAPOLIS. MINNESOTA 55480
Ulrecc'6. cablagr6Fica Nas. de tElexes Luger y fecha de expedicidn Min neapoks, M;n.
Ad,esse t61691aphique Nos. de telexz 29-0174 Licu d' dmis s, on or dale
Coble address NW14ATLBANK MPS Tel— k— 10.nit 17 pl.... --A A... r :—._ December 27. 1979
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N6 ode crfdito Num6ro du ,6dit C,ed,r be.
Credita Documentario: Credit Documentaire, Documentary Credit
de o aIn doI bane. avisi
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Irrevocable
de la bongque 6me t—, C de 1° bang9e n° f—Trice
'n
oIi bank u U of qdv, bank
Banco av,sad„ , Banque norif,corrice : Advising bank
Ordenante / Dan—, d' ordre . Applicant
New Horizon Homes, Inc.
3131 Fernbrook Lane North Suite #104
Plymouth, Minnesota 55441
13—fi6e,i. 86n6fici°ira Berii i°ry
Import. r M—I.nmoun , � At 458,878.00 (Four hundred
fifty eight.thousand eight hundred seventy
City of Chanhassen
eight-
Ve.6 rnienl. 'v.liditd, E.pi,y
7610 Laredo Drive -
Chanhassen Minnesota 55317
Fecha . Dare Date par, negoc,act6n _
poor, n6g°,iari°^
December 27 1980 for ne ariatian our coufater�
Estimedo(s) Sen°r(es): , M r Dear Sir(.),
Per la preserve expedimos este cr6di ra doc,mentario a su f°v.r el cual es disp,nible mediante negociacidn de su giro
N a.. 6met ions a votre favour ce cr6dir d...menraire qui esr uri I o6le par nfgociarion de —o tro ire 6
tin
We hereby issuo your f,vaur this documentary credit which is voil°ble by neg,riarion aF your draft at Sight.
ergo de
drawn on Northwestern N.I,onal Bank of M.rmo.palis, Minneapolis, Minneso,a -
mostrond, a c 6usu a: ode ra ampere del crE ito ocumenrarioNo.36763 de (hombre del bn o em sat)"
or porront In mention: ••Ti,de en vertu du credit documeat,;re No: de (nom de to bang— fiat ice)•'
hearingthe clause: "Drawn under documentarycredit No. of (ra.. of issuing bank)"
los sig,ienres documentos: -
zomponndo
ompagn6s des documents sui v,nts:- -.
accompanied by the Following documents:
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1. Beneficiary's Officially Signed Statement Reading:
"Sums Claimed are Due and Payable as New Horizon Homes, Inc. has not performed
work on Storm Sewer, Sanitary Sewer, Residential and State Aid Streets and
Water Main per agreement with the City of Chanhassen or has not performed its
other obligations as per agreement with City of Chanhassen."
1 -
Exped;cido %Emb.rque de
Embarques parcietes
T,ansbo,dos
Eapfdirion Emb.,quement de
Expfdirian. part'.lies
Tr,nsbo,dcm.r', - -
De.par,h /Shipment from
Petri ,I shipments
Trans h ipmenrs -=-
to
ondic .spec .
pe Conditions sc al ses
Speci°I conditions: -
Par 1° P.esen,e nos c mp,ametemo, con los gi,rd.s y/o t... der.. de buena
fe l.s em;lidos de los
Unit s a,he, ; e sloe+d, the rtegnt'rting bank is to - --
que gir y no gociados conf-mid,d con 16rminos da
esr. c,Sdito se,6n debidamenre honrados a s, pre entaci6n tos i ,
for and all o.ig5nal and duplicate docu,nenrs eo u s-
one
y que
cepradas dentro de [as tbrminos de 1 cr6dir. serdn debi dome.,. honr,dos
,:II
6 stored airmail.
y
a Su encimiena. El import, de code giro debe ser endosado at reverse de
esr. cr'diro per el bunco n<gociad,r.
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Nous ;;.—Iiss,ns a x rireu,s ei ou poneurz de bonne f,i quo les eraires -
6m et o6goci6es on onf°rmit6.vec les term., de c .edits ant dement
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ban s 6 pr6.entati net que le, tr?ites accept6es c,nf—Cment ... formes
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de Edit seron, d0menr honorees 6 lour fchEts. Is Le mont,nt de chaque
N°tificoci6n del b.nc. a sad°.
moire doit etr. ins r;t a ,,,a c credit par I° bonque n6gociat,ice.
We hereby engage with drawers and/or bona fide holders that drafts drawn and
Indications de to b.nquevnorificatr.ce -
.eg.H.ted in conformity with the terms of this credit will be duty hurl redo n
Adv, ing bank', n,ti Fi—li—
P,< entatioa and that drafts accepted within the terms of this credit will be
Lugar tech,, mbre y firre. del ban sad r
Lie , d ,e, rt oar signor a de I, bang a norificatrice. -_
duly honoured at ,r, rarity. The amounts of each draft must be endorsed an the
averse of this credit by the negotiating bank.
Suyas at,ntom,nt. i Vas di—Sts / Yours faithfully,
Piece, dot and signature of the ,d.Ii.inq 6.1
ame
Northwestern National Bak of Minnea n
Nombre y firm° del bunco
Nom e, signature de t, bonque 6mereri
Name and signature of the issuing bank.
_ ESTE CREDITO ESTA SUJETO ALAS REOLAS V USOS UNIFORMES RELATIVOS A LOS CREDITOS OOCUMENTARIOS ]REVISION 19741 DE Li,V-Aioi
IN TERN ACION AL DE COMERCI0 IPU BLI C Ac.ON n2901 SAUF STIPULATIONS PART]CULI EKES ExPR ES —ENT DEFINES, CE CREDIT DaC-1cm ! ti
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SANCES UNORMES RELATIVOS AUH CREDITS OOCUMENTAIRES- (REVISION 19741 CHAMBEE OE COMMCticlo"h- - _—
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED. THIS DOCUMEnr TARV CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE Faw �-
OOCUMENTARx CREDITS" 11974 REVIsioNI INTERNATIONAL CHAMBER OF COMMERCE IPUBLICATION .2001.
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CHANHASSEN
690 COULTER DRIVE • •P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: City Manager, Don Ashworth
FROM: City Engineer, Bill Monk
DATE: July 19, 1982 -s
SUBJ: New Horizon Homes Assessments
The principle of granting New Horizon Homes a three (3) year
extension on their assessment repayment schedule was previously
discussed by the Council on October 19, 1981 (see attached
materials). Although no formal approving motion was passed, the
Attorney's office was instructed to draft a specific document
(attached) in view of the present economic climate. I believe
this amendment insures the financial integrity of the City and I
recommend its approval.
Manager's Comments-. The only other option open to the City would be
to require full payment of outstanding special assessments in 1983.
Given current economic conditions, this option would place a severe
economic burden on New Horizon. It should be remembered that the
assessments proposed to be spread are associated with the Kerber
Drive and Carver Beach Sewer and Water projects only. All interior
streets, interior water and sewer improvements, etc. were fully paid
by New Horizon. Although the City's original goal of reducing out-
standing debt as rapidly as possible continues to have merit, the
bonds were sold anticipating the longer repayment schedule, i.e. 15
years on properties assessed under the 1976 Carver Beach sewer and
water project and 7 years for properties assessed under the 1981
Kerber Blvd. project. As such, no economic hardship will be incurred
by the City if the three year extension is approved and this
office recommends approval.
n �.
SECOND AMENDMENT TO
PLANNED RESIDENTIAL DEVELOPMENT CONTRACT
PLAT OF CHAPARRAL AND
CHAPARRAL 2ND, 3RD, & 4TH ADDITIONS
WHEREAS, the parties hereto have made and entered into
a Development Contract dated November 9, 1979, (the "Development
Contract"), and amended November 24, 1980, (the "First Amendment")
concerning the plat of Chaparral, and Chaparral.2nd, 3rd, and 4th
Additions; and
WHEREAS, Sections3.021(B), 3.03(B) and 3.07 of the
Development Contract, as amended, provide that New Horizon
Homes, Inc. (hereinafter "New Horizon"), is obligated to pay on
July 1, 1982, certain assessments in one lump sum; and
WHEREAS, New Horizon has petitioned the City of
Chanhassen (hereinafter the "City"), for an.extension of time
beyond July 1, 1982, to pay said assessments; and
WHEREAS, the City, by its Council, has indicated that it
is agreeable to granting an extension of time to New Horizon to
pay said assessments,subject to certain specified conditions.
NOW, THEREFORE, in consideration of the foregoing
premises, the City and New Horizon agree as follows:
ARTICLE I.
Paragraph B. of Section 3.021 of the Development Contract is
hereby amended to read as follows:
B. Regular Payment Schedule for Phase I Assessments.
Anything herein to the contrary notwithstanding, after
credit is given to the Developer for the payments
described in the preceding sentence, the total of the
unpaid Phase I Assessments shall be spread among the
lots in Phase I in the manner set forth on Exhibit C
attached hereto and made a part hereof. The assessment
amounts on Exhibit C shall bear interest at the rate
of 7.5 o per annum accruing from January 1, 1982. Said
assessments shall be amortized on a ten-year semi-annual
payment schedule and certified to the Carver County
Auditor for collection with the real estate taxes due
and payable in 1982, 1983, and in 1984; provided,
however, that on July 1, 1985, the entire unpaid
balance and accrued interest shall be due and payable
in full.
ARTICLE II.
Paragraph B. of Section 3.03 of the Development Contract is hereby
amended to read as follows:
B. Regular Payment Schedule for Phase II Assessments.
Anything herein to the contrary notwithstanding, after
credit is given to the Developer for the payments
described in the preceding sentence, the total unpaid
Phase II Assessments shall be spread among the lots in
Phase II in the manner set forth on Exhibit C attached
hereto and made a part hereof. The assessment amounts
on Exhibit C shall bear interest at the rate of 7.5%
per annum accruing from January 1, 1982. Said
assessments shall be amortized on a ten-year semi-annual
payment schedule and certified to the Carver County
Auditor for collection with the real estate axes due
and payable in 1982, 1983 and 1984; provided, however,
that on July 1, 1985, the entire unpaid balance and
accrued interest shall be due and payable in full.
ARTICLE III.
Section 3.07 of the Development Contract, as amended, is hereby
further amended to read as follows:
The Developer agrees to reimburse the City in full
for the costs of improving Kerber Boulevard (Project
MSAS 101) to a standard street section. Said costs
shall be deemed to be special assessments levied in
accordance with Chapter 429 of Minnesota Statutes and
shall be spread among the lots in Phase I and Phase II
in the manner set forth on Exhibit D attached hereto
and made a part hereof. The amounts on Exhibit D shall
bear interest at the rate of 8% per annum (or at a rate
equal to the net interest rate on the Project MSAS 101
general obligation bonds plus one percentage point,
if higher) accruing from August 31, 1981.
The amounts on Exhibit D shall be amortized on a ten-
year semi-annual payment schedule for collection with the
real estate taxes due and payable in 1982, 1933, and
1984; provided, however, that on July 1, 1985, the
entire unpaid balance and accrued interest shall be due
and payable in full.
The Developer waives its right to a public hearing under
§429.061 and 429.07.1 of Minnesota Statutes and its
right of appeal under §429.081 of Minnesota Statutes as
to the assessments set forth on Exhibit D.
-2-
ARTICLE IV.
Section 6.02 of the above described Development Contract is hereby
amended to read as follows:
6.02
Performance Bond.
The Developer agrees to furnish to the City either a
cash deposit or an irrevocable bank letter of credit approved by
the City in an amount equal to the sum of a) 110% of the amount
of the cost of completion of the improvements described in
112.01 as estimated by the City Engineer, and b) a sum not less than
500 of the unpaid special assessments (together with accrued interest
thereon) described in Sections 3.021, 3.03 and 3.07.of the
Development Contract, as amended, for the purpose of assuring
and guaranteeing to the City:
a) that the improvements to be constructed by the
Developer as set forth in 112.01 hereof shall be
installed and completed according to the terms of
this agreement; and
b) that the Developer shall pay all claims for work
done and materials and supplies furnished for the
performance of this agreement, and
c) that the Developer shall fully comply with all
of the other terms and provisions of the agreement;
and
d) that the Developer shall timely pay the assessments
described in Sections 3.021, 3.03, and 3.07 of
the Development Contract, as amended.
The above described letter of credit and any renewal of
such letter of credit shall have an expiration date not less than
one year from its original date of issuance or its last date of
renewal.
The amount of said letter of credit shall be set by the
Chanhassen City Council in accordance with this section. Not
less than thirty-five (35) days prior to the date of expiration of
said letter of credit, the Developer shall provide another
irrevocable bank letter of credit in the amount last approved by
the Chanhassen City Council and in the same form, with an expiration
date of at least one year from the expiration date of the prior
letter of credit. If the Developer fails to provide the subsequent
letter of credit thirty (30) days prior to the expiration of the
outstanding letter of credit, then the City may demand payment of
the entire outstanding letter of credit, and the letter of credit
shall provide that upon such demand the bank shall honor such demand-
-3-
CICLE V.
=agraph B.of Section 6.03 of the Development Contract, as amended,
hereby further amended to read as follows:
B. Performance Bond.
In addition to the foregoing, the City may also institute
legal action against the Developer and the corporate
surety on its performance bond, or utilize any cash
deposit made or letter of credit delivered hereunder,
to collect, pay or reimburse the City for:
(1) the cost of completing the construction of the
improvements described in 52.01 above; and
(2) the cost of curing any other default by the
Developer in its performance of any of the covenants
and agreements contained herein; and
(3) the full amount of any Phase I assessments or Phase II
assessments or the Project MSAS 101 assessments for
which payment shall not have been timely received
by the City as provided in §3 of this contract; and
(4) the cost of reasonable engineering, legal, and
administrative expense incurred by the City in
enforcing and administering this contract.
ARTICLE VI.
Paragraph C of Section 6.03 of the Development Contract, as amended,
is hereby further amended to read as follows:
C. Legal Proceedinqs.
In addition to the foregoing, the City may institute
any proper action or proceeding at law or at equity to
prevent violations of the within development contract,
to restrain or abate violations.of the within development
contract or to prevent use or occupancy of the proposed
dwellings.
The certifications of assessments to the Carver County
Auditor as provided in Section 3 shall not have the
effect of limiting the City's other remedies under this
Section 6 of the Development Contract, as amended.
ARTICLE VII.
This Second Amendment to the Development Contract shall become
effective immediately upon execution of this document by all of
the parties to this document.
The Development Contract, as modified by the First Amendment, and
as further modified by this Second Amendment, shall be binding
upon all of the parties hereto notwithstanding the refusal of
Dunn and Curry Real Estate Management, Inc., to join in either
the First Amendment or this Second Amendment.
-4-
0
ARTICLE VIII.
Except as specifically provided herein, all other terms, conditions,
and provisions contained in the Development Contract, as amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on this day of , 1981.
NEW HORIZON HOMES, INC. CITY OF CHANHASSEN
By
its
And
its
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
By
its Mayor
And
its City Clerk/Manager
On this day of , 19 , before
me a notary public, within and for said county, personally appeared
and ,
to me personally known, who, each being duly sworn, did say that
they are the and
of NEW HORIZON HOMES, INC., and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors, and said
and acknowledged said instrument to be the
free act and deed of said corporation.
Notary Public
County
My commission expires:
-5-
REGULAR CHANHASSEN CIT` _))UNCIL MEETING OCTOBER 19, 198:�
Mayor Hamilton called the meeting to order at 7:30 , y g p�.m. with the following members present
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was opened with
the Pledge to the Flag.
Councilman Neveaux stated there will be a meeting Wednesday at 7:30 a.m. with
representatives of Minnetonka, Inc. to discuss an alternate site for the location of
Minnetonka, Inc.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with
the following additions: City Sand Storage Site, Chanhassen Mailing Addresses, and
HRA Current Position on Downtown Project, and remove item b..from the consent agenda.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton
Councilwoman Swenson, Councilmen Geving, Neveaux, and Horn. No negative votes. Motion
carried.
MINUTES: Councilman Horn moved to approve the September 8, 1981, Council minutes. Motion
seconded by Councilman Geving. The following voted in favor: Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion carried.
Councilman Geving moved to approve the September 21, 1981, Council minutes. Motion
seconded by Councilman Horn. The following voted in favor: Councilwoman Swenson,
Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion carried.
Council members requested a legal opinion from the City Attorney's Office on the City's
position relative to Fox Chase. The opinion will be forthcoming after the Corps of
Engineer's decision is received.
Councilman Horn moved to approve the September 28, 1981, Council minutes. Motion seconded
by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen
Neveaux, Geving, and Horn. Councilwoman Swenson abstained. Motion carried.
40
Councilman Horn moved to note the September 23, 1981, Planning Commission minutes.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
Council members requested the Planning Commission minutes, (approved.. or__not_.approved)
in their entirety, whenever possible, when items appear on the Council agenda.
NEW HORIZON HOMES, INC. - SPECIAL ASSESSMENTS: New Horizon Homes is requesting that
their development contract be amended to allow for a time extension to repay special
assessments against their property for projects 75-2, 75-3, and 74-2. The Engineer
recommended a ten year repayment schedule with the balance being paid during the
third year.
Councilman Horn moved to table action until the City Attorney has prepared a specific
document reflecting proposed changes in assessments and guarantees to assure payment of
assessments. Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
LAKE MINNEWASHTA REGIONAL PARK: Pat Murphy, Carver County Public Works Director, was
present to review the proposed park plan for Lake Minnewashta Regional Park. A temporary
boat access has been installed. The County intends to construct a fence along Ches-
Mar Drive and the southern boundary of the park next spring. This winter will see
groomed cross-country ski trails in the park. Councilman Neveaux suggested that the
access be chained with a closing time of 10:00 p.m. from now to the beginning of ice
fishing. At that time the closing hours will be lifted.
ATE OF MINNESOTA)
) ss.
UNTY OF CARVER )
On this day of , 19 , before
me a notary public, within and for said county, personally appeared
Thomas Hamilton and Don Ashworth, to me personally known, who,
being each by me duly sworn, did say that they are respectively
the Mayor and City Manager of the 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 Thomas Hamilton and Don Ashworth acknowledged said instrument
to be the free act and deed of said corporation.
Notary Public
County —�
My commission expires:
�I
11
CITY OF
;',-
��`'� �'' � ,'• Zvi �'�`t �:
690 COULTER DRIVE e P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: City Manager, Don Ashworth
Raj2ctad
FROM: City Engineer Bill Monk Dat=
Da:e Subnitt-'d tO
DATE: October 19, 1981
SUBJ: New Horizon Homes, Inc. Assessments
Request: New Horizon Homes is requesting that their development
contract be amended to allow:�for extending the time required by them
to repay assessments against their property.
Historv: In 1976/77 the City of Chanhassen carried out the Carver
Beach/Greenwood Shores sanitary sewer and water public improvement
project. This project was assessed in 1977 over a 15 year period
of time. Larger tracts of undeveloped property, including the New
Horizon properties (under the ownership of Swedlund at that time),
were deferred in a similar manner to that of the North Service
Area (with the exception of the policy statements made by the City
Council in regards to the proposed construction of Kerber Drive,
no other project since 1976 has been assessed using deferments).
In 1978/79, when the plat for New Horizons was approved, staff
recommended that the deferred assessments for sewer and water not
be spread over the 15 year period, similar to other properties in
Carver Beach and Greenwood Shores; but, instead, be payable over a
10 year period with a balloon payment at the end of the third year
(1982). This recommendation included the proposed assessments for
Kerber Drive even though those assessments, when they would occur,
would also be over a longer period of time. At that time, New
Horizons argued that they should be treated similar to other owners
in regards to both the sewer and water assessments as well as proposed
assessments for Kerber Drive. However, the Council did condition
approval upon payment of assessments by 1982. At the present time,
the City of Chanhassen holds a valid letter of credit to assure
partialpayment of assessments, for both sewer and water as well
as Kerber Drive in 1982.
Recommendation: This office recommends acceptance of the proposed
agreement (allowing for a repayment schedule based on a ten year
assessment term)with a supplemental contract calling for a balloon
pa:'ment of the balance during the third year (July 1, 1985). The
finance department has stated that this recommendation will not effect
i
Mr. Don Ashworth -2- October 15, ___
the City's net debt or ability to repay such debt. If approved,
the City Attorney's office would prepare the supplemental contract
on the terms set by the Council and would include a requirement that
the letter of credit be extended to assure repayment of assessments.
7�1 zo�
�
It
SPECIAL CHANHASSEN CITY COUNCIL MEETING JUNE 22, 1981
Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members
present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was
opened with the Pledge to the Flag.
PUBLIC HEARING
WATER AND SEWER IMPROVEMENTS
CHANHASSEN AMERICAN LEGION POST #580
The public hearing was opened with the following interested persons present:
Lewis Woitalla, 6740 Powers Blvd.
Robert VanSlyke, 8116 Wentworth Ave. So., Bloomington
Mr. Woitalla, representing the Legion, asked if the Sinnen property would be assessed
as a part of this project. The City Attorney stated that a decision would not be made
until the assessment hearing which would be held after the project is completed.
Bill Monk, City Engineer, presented the feasibility study. The total estimated cost
of the project is $37,026. Mr. Woitalla presented a quote he had received to complete
the project in an approximate amount of $16,520.
_y
Council members expressed concern about assessing the Sinnen property if the sewer
line is not placed on the property line. The City Attorney explained that the Council
under State Statute can assess non -abutting properties.. Mayor Hamilton requested
a map showing where sewer lines would be located to serve the Sinnen property.
Councilman Geving moved to continue the public hearing to July 6, 1981, at 7:30 p.m.
Motion seconded by Councilman Horn. The following voted in favor: Mayor.Hamilton,
Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
Property owners involved in the water and sewer.project will be notified by mail of
the continuance.
CHAPARRAL ON LAKE ANN FINAL DEVELOPMENT PLAN: Ed Dunn, Greg Frank, and Bill Jensen
were present.
Councilwoman Swenson moved to approve the final development plan for Chaparral on Lake
Ann as shown on Council Exhibit A consisting of the proposed plat of Chaparral on
Lake Ann dated May 26, 1981, as prepared by Suburban Engineering, Council Exhibit B
consisting of Phasing and Utility Plan for Chaparral on Lake Ann dated May 26, 1981,
as prepared by Suburban Engineering (Phase 10 be substituted for Phase 5. Old Phase 5
to become 5A.) Council Exhibit C showing the Floor Plan and Landscape Plan for
800 series structures, prepared by D. R. Griswold and Associates dated June 16, 1981,
and Council Exhibit D being a schematic drawing of exterior elevation of 800 series
structures proposed. Said plans are approved subject to the conditions 1 - 8
recommended by the City Planner in his report of June 18, 1981, by the Planning
Commission's recommended conditions 2 and 3 as stated in the City Planner's report
of June 18, 1981, and subject to the City Engineer's conditions 3, 4, 6, 7, 8, 9, and
10 of his report of Jute 18, 1981. Items 1, 2, and 5 of the City Engineer's report
are comments only. Council approval is also contingent upon the donation of
approximately 20 acres of park land along the western edge of the development, the
donation of approximately four acres of shoreland property along Lake Ann measuring
80 feet wide, the park donation fee of $125.00 per dwelling unit, exclusive of
future development on Outlot B, and City purchase of approximately 11 acres adjoining
this property and Lake Ann Park. The access of Pueblo Drive at Highway 5 shall be
restricted to right in/right out turning movements and shall be further reviewed by
the Council at the time Phase 9 is platted. The extension of the road serving Phase 9
Council Meeting June 2 1981 -2-
shall be required in the future prior to or at the approval of development of
Phase 9 and/or Outlot B. The developer shall work with the City Engineer in
preparation of grading plans in order to assist the City in rough grading of the
Lake Ann Park expansion area. The Council reserves the right to review all
substantial changes in building designs and any changes in phasing in the overall
project. After the developer has signed the development contract said contract
will be presented to the Council for review and approval. Motion seconded by
Councilman Geving. The following voted in favor: Councilwoman Swenson,
Councilmen Neveaux and Geving. Mayor Hamilton and Councilman Horn voted no.
Motion carried.
Councilman Horn - This body takes away the function of the Planning Commission
in this case and I don't think we want to set that kind of
precedent. I think unless we enforce, with developers coming
in, the fact that they have to comply with Planning Commission
recommendations we might as well disband that body because
they are going to be completely ineffective and as far as the
continual references to the access on Highway 5, we have got
suckered into this thing last time the same way and I don't
think we will ever see that come out of there. I think the
access situation on Highway 5 is'deplorable today and we are
making it worse. Highway 5 is our main artery and I think we
should do everything we can to protect it and I don't think we
did that.
Mayor Hamilton - This is definitely a Planning Commission item that should have
gone back to the Planning Commission. We have a Planning Commission
that is in existance to review these things and we have done
exactly the same thing we did on Fox Chase.
ECONOMIC DEVELOPMENT DISTRICT SOUTH OF HIGHWAY 5 AND ABUTTING EXISTING TAX INCREMENT
DISTRICT: Arijs Pakalns, BRW, presented a feasibility study to evaluate what the
implications are and what the consequences are if the Council wanted to expand the
district.
Councilman Horn moved to order a public hearing for July 27, 1981, to consider.the
expansion of Tax Increment District 2 to include all properties in the Municipal
Development District lying south of Highway 5 and, if necessary, to include the
drainage area that runs to Rice Marsh Lake and to include public improvements
#1, 2, and 3 as listed in the June 22, 1981, feasibility study prepared by BRW.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor
Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative
votes. Motion carried.
MUNICIPAL FACILITIES BUDGET AMENDMENT: The City Manager presented a recommended
revised Public Works/Fire Station/Library and City Hall Budget for Council review.
The City Manager presented a list of eight miscellaneous items to be included in
the City Hall.
Councilman Neveaux moved to accept the following items:
1. Three oak shelves and closet poles finished and installed.
Boarman Architects.
2. A 36" x 48" cedar frame bulletin board.
3. Two benches.
4. Glass divider for open office area with wood
5. Planter bench by stairs in cedar.
6. Oak trophy case finished as per plan. City
7. 2 Chamber desks -without gate.
8. Finishing for cedar.
Charge to
frame installed. Delete.
Manager will get another quotation.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hamilton,
N 14k Im Jr Minnesota Pollution Control agency
UU10
MINNESOTA POLLUTION CONTROL AGENCY
GENERAL CONDITIONS FOR SANITARY SEWER EXTENSION PERMITS
October 1, 1975
GENERAL CONDITIONS:
1. This permit shall not release the permittee from any liability
or obligation imposed by Minnesota or Federal statutes or
local ordinances and shall remain in force subject to all con-
ditions and limitations now or hereafter imposed by law. The
permit shall be permissive only and shall not be construed as
estopping or limiting any claims against the permittee for
damage or injury to persons or property, or any waters of the
state resulting from any acts, operations or omissions of the
permittee, its agents, contractors or assigns for damage to
state property, or for any violation of the terms or conditions
of this permit.
2. No assignment of this permit shall be effective until it is
executed in writing and signed by the parties thereto and
thereafter approved by the Agency.
3. No major alterations or additions to the disposal systems shall
be made without the written consent of the Agency.
4. The use of the disposal system shall be limited to the treatment
and/or disposal of the sewage, industrial waste, other waste
materials or substances described in the plans and/or permit
application and associated material filed with the Agency.
5. The Agency may modify, suspend, -or revoke in whole or in part,
this permit after giving notice and providing an opportunity
for a public hearing or by taking direct enforceMent action,
including failure: (a) to comply with the terms stated herein,
or (b) to comply with Agency water quality regulations and
standards presently in force. Nothing herein shall prohibit
the Agency from exercising its emergency powers.
1935 West County Road 132, Roseville, Minnesota 55113
Regional Offices • Duluth / Brainerd / Detroit Lakes / Marshall / Rochester / Roseville
Equal Opportunity Employer
General Conditions for Sanitary Sewer Extension Permits
Page 2
6. The permittee acknowledges that nothing contained herein shall
prevent the future adoption by the Agency or its predecessors
of any pollution control regulations, standards, orders or
statutes more stringent than those now in existence or prevent
the enforcement and application of such regulations, standards,
orders,or statutes to the permittee.
7. The Agency, its officers, employees and agents review and com-
ment upon engineering reports and construction plans and
specifications regarding this permit solely for the limited
purpose of determining whether such report, plans and specifi-
cations will enable the facilities subject thereto to reasonably
comply with the regulations and criteria of the Agency.
8. This permit has not been reviewed by the U. S: Environmental
Protection Agency and is not issued pursuant to Section 402 of
the Federal Water Pollution Control Act Amendments of 1972.
9. The plans for the project have been approved with the reserva-
tions stated on the attached sheet entitled "Information Relative
to Review of Plans and Permit Application."
ATTACHMENT
1
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_#fidavit of Publication
Sate of Minnesota )
) ss.
County of Carver )
Stan Rolfsrud
being duly sworn, on oath says he is and during
all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full
knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format
and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest
to the community which it purports to serve and does not wholly duplicate any other publication and is not made up
entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which
it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local
post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known
office of issue in the City of Chaska in said county, established and open during its regular business hours for the
gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical
Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,
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_ Hearin
hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
once each week, for one successive weeks; that it was first so published onV ed• the 31st
day of Jan.— 179 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:
a bcdefghi jklmnopgrstuvwxyz
n
Subscribed and sworn to before me this day of
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(Notarial Seal)
1[ ,:^"VVV AA x
.. LORRAINE LANO
;jy NOTARY PUBLIC-MiNNESOTA
1J'' CARVER COUNTY
My Commission Expires June 29, 1982 2
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Notarypublic, lckj**� County'Minnesqla
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MINUTES OF REGULAR MEETING OF
THE BOARD OF MANAGERS OF
RILEY-PURGATORY CREEK WATERSHED DISTRICT
June 27, 1979
Acting Chairman Sault called the meeting to order at 7:30 p.m.
on June 27, 1979, at the Eden Prairie City Hall, Eden Prairie,
Minnesota.
Managers Present: Wm. Sault, F. Rahr, H. Peterson and
D. Pennie (arrived as noted in the minutes).
Managers Absent: C. Fiskness.
Also present were board advisors Robert Obermeyer and
Desyl Peterson.
Approval of Minutes
The minutes of the June 6, 1979, meeting were reviewed, it
was moved by Peterson, seconded by Rahr that the minutes be
approved as published. Upon vote the motion carried.
Cooperative Power Association - Southwest Quadrant of Mitchell
Road and T.H. 5 - Site Grading and Utility Construction - Grading
and Land Alteration Permit - Eden Prairie
The application for a site grading and utility permit was
considered with the application for a grading and land alteration
permit which had been held over from the prior meeting. Present
on behalf of the applicant was David Udstrand of Brauer and
Associates. (Chairman Pennie entered the meeting at this point.)
The permit is for the construction of the new headquarters for
the Cooperative Power Association. Construction will take place
adjacent to three wetland areas, but the Department of Natural
Resources has determined that no construction will take place
below the natural ordinary high water mark of the area and that
no state permit is required. Drainage from the area will be
accomplished through ponding basins which will flow to the drain-
age ditch along Mitchell Road. The Managers expressed concern
about the possibility of erosion in the drainage ditch. It was
noted that the City has plans to upgrade the road in a few years
and to install a major trunk system for storm sewers. In the
meantime, it was recommended by the engineer that additional
erosion.control measures be installed in the drainage ditch to
prevent sediment from leaving the altered areas and entering the _
wetlands. The engineer noted that a catch basin would be installed
to decrease sedimentation. Mr. Udstrand noted that grading cod,},,;,
JUL 197''
9
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Page Two
6/27/79
not be completed until November 1st since the project would
not commence until August 15th. He noted that the subcut for the
main building would begin on October 1st and that the hill on the
property could not be completely restored until next year when
the building is finished and the area has been backfilled. The
Managers expressed the need for restoring as soon as possible the
areas which have a high potential for erosion. The Managers also
expressed a need for a performance bond to assure that the restor-
ation would be completed. After discussion, it was moved by Pennie,
seconded by Peterson, that the permits be approved, subject to the
engineer's recommendations, and with the following additions:
1. The area where the sanitary sewers are to be constructed and
which drains into public waters should be restored by September 15th.
2. The roadway fill area should be restored by October 15th.
3. The stockpile area be protected by staked hay bales rein-
forced with a snow fence and should be restored with mulch by
October 15th. In addition, the applicant should submit to the
engineer a detailed plan for the stockpile area.
4. The applicant shall provide a performance bond in the
amount of $10,000.00.
The developer stated that he could comply with these conditions.
Upon vote the motion carried.
Utility Construction - Chaparral Development 2nd Addition - Grading
and Land Alteration Permit - Chanhassen
Appearing on behalf of the applicant were Bruce Paterson of
Suburban Engineering and Greg Frank of New Horizon Homes. This
application is for a grading and land alteration permit for the
installation of utilities for phrase II of the Chaparral Develop-
ment. When approving a site grading permit in April, 1979, the
Managers required that the developer provide sufficient storage
on the site to retain all water from a 100 year storm until the
drainage ditch leading from the area was stabilized. The developer
noted, however, that the ponding basins on the site had a clay
base which could fill and overflow and thus not act as catch basins.
He requested relief in the form of a small outlet from the ponding
basins into the ditch which would allow drainage at the rate of
3 c.f.s. The proposed ponding basins have a capacity of 34 acre
feet of storage and up to 12 hours of storage for a 100 year storm.
The engineer noted that the drainage ditch is a natural drainage
way for the property at a natural rate of 100 c.f.s. The developer's
proposal, would be reducing the runoff over natural conditions.
The developer noted that there would be a restricter in the outlet
but that this might have to be removed as development continued.
Page Three
6/27/79
Without the restricter the flow would be 13 c.f.s., which would
still be a reduction in a natural flow. The developer noted that
the restricter would be retained through phases I and II, but might
be withdrawn for phase III. After discussion, it was moved by
Peterson, seconded by Sault, that the permit be approved, subject
to the engineer's recommendations. A roll call vote was taken
as follows:
RAHR
YES
PETERSON
YES
PENNIE
YES
SAULT
YES
The chairman declared the motion carried.
Utility Construction - Donnav's Creek View Hills Development -
MDNR Chapter 105 Work in Public Waters Permit - Minnetonka
Chuck Full from Suburban Engineering appeared on behalf of
the applicant. This project involves construction in public waters
and an application for a Chapter 105 permit from the Department
of Natural Resources. The engineer noted that the runoff from
this development will be handled by a storm sewer system with an
ultimate discharge into Purgatory Creek. He recommended the in-
stallation of riprap at the outlet of the system to dissipate the
velocity of the storm water. Construction of the sanitary sewer
line will involve a crossing of Purgatory Creek with placement of
the sewer line five feet beneath the creek bed. This will require
a temporary bypass of the flow in the creek. The engineer recommended
that the work in the creek bed be completed within one day and that
areas disturbed within 50 feet of the centerline of the creek be
restored at the completion of that day's work. After discussion,
it was moved by Sault, seconded by Rahr, that the Managers recom-
mend to the Minnesota Department of Natural Resources approval of
the state permit, subject to the engineer's recommendations. Upon
vote the motion carried.
Bluffs West 2nd Addition - Site Grading and Utility Construction -
Gradinq and Land Alteration Permit - Eden Prairie
Appearing on behalf of the applicant were Jim Ostenson of
Hustad Development Company and Dave Huseby of Rieke -Mueller -Carroll
& Associates. The engineer reviewed this application for a site
grading and utility construction permit for a residential develop-
ment. He noted that the development would take place in two phases,
the first of which is located in Riley -Purgatory Creek Watershed 7.
District -and the second of which is located in the Lower Minnesota
River Watershed District. The existing site is composed of rolling
Page Four
6/27/79
hills, grasses, and a few trees on the top of a bluff near the
Minnesota River. The developer noted that they would be dedicating
31-1/2 acres, some for storage, and some for recreation. He noted
that 40 acres would be broken and open on August 1st and that only
the roadways would be open during the winter. He indicated that
grading would begin on August 1st and be finished by September 15th
for the streets. During that time, grading for the utilities would
have begun and that they would be finished by December 1st. The
developer indicated that after September 15th the only work would
be in the street areas. The Managers expressed great concern about
stabilization of the extremely sandy soil in the area. They also
expressed concern about the large area which would be disturbed
and left open during the winter which would be subject to water
and wind erosion. The Managers discussed with the developer a
possible timetable for a phased grading and restoration process.
Manager Rahr moved that the district refrain from acting on the
permit application until the district could have the comments and
input from the Lower Minnesota River Watershed District. After
discussion, he withdrew this motion. The Managers also suggested
the necessity for a performance bond to assure that restoration
would be completed. Following discussion, it was moved by Sault,
seconded by Peterson, that the application be approved in concept
subject to formal approval after the developer had submitted a
specific timetable for grading and restoration. In order to
accommodate the developer's need to meet deadlines, the Managers
agreed to consider final action on the application prior to the
next scheduled meeting. It was agreed that the developer's final
timetable would be submitted by letter to each individual manager
who would at that time note his approval or disapproval of the
application. A normal majority of those individual managers would
be required for approval. A roll call vote on the motion was
taken as follows:
RAHR
YES
PETERSON
YES
PENNIE
NO
SAULT
YES
The chairman declared the motion to be carried.
Utility Construction - Tonkawood 2nd Addition and Covington Heights
Development - Grading and Land Alteration Permit - Minnetonka
Mike Johnson from the City of Minnetonka appeared on behalf
of the applicant. The engineer reviewed this application and noted
that approval had already been given by the district for site grad-_
ing for the two projects. Storm water runoff for both projects =
will be handled by a storm sewer pipe, and sedimentation manholes
will be installed to prevent sedimentation from entering the public
waters. The engineer recommended that during construction the
Page Five
6/27/79
erosion control measures required for the site grading permit
remain in place. Mr. Johnson requested that the applicant have
until October 1st to restore the area because their contract was
awarded late for the construction on the street. Following dis-
cussion, it was moved by Sault, seconded by Peterson, that the
application be approved subject the engineer's recommendations
and with the provision that restoration be completed by October 1,
1979. Upon vote the motion carried.
Wright's Tonkawoods Addition - Lake Street Extension - Hidden
Valley Road - Roadway Construction - Grading and Land Alteration
Permit - Minnetonka
The engineer reviewed this application for a grading and
land alteration permit for a roadway construction in Minnetonka.
The road is located north of Lake Street Extension. More than
one acre of land is to be removed and construction is within 1,000
feet of public waters and, therefore, must require a permit from
the district. Following discussion, it was moved by Sault, seconded
by Rahr, that the application be approved, subject to the engineer's
recommendations. Upon vote the motion carried.
Edenbrooke Townhouse Development North of Duck Lake Trail and
East of Tartan Curve - Grading and Land Alteration Permit - Eden
Prairie
The engineer reviewed this application for a grading and land
alteration permit in Eden Prairie. He noted that the project used
to be known as Eden Gate. Drainage from the construction site will
be controlled by three temporary sedimentation basins capable of
storing a 10 year storm. The engineer noted concern with the drain-
age of the development site and recommended that during construction
contours along the grades be adjusted to allow drainage to flow
to the sedimentation basins if the hay bales fail to control the
runoff. The Managers noted that a detailed storm sewer plan would
be submitted at a later date with a permanent ponding facility.
This will be designed by the City of Eden Prairie. Following
discussion, it was moved by Peterson, seconded by Sault, that the
application be approved, subject to the engineer's recommendations.
Upon vote the motion carried.
City of Eden Prairie Bike Trail - City Hall - Grading and Land
Alteration Permit - Eden Prairie
The engineer reviewed this application from the City of Eden
Prairie to construct a bituminous bike path in front of the City
Hall which will be parallel to the roadway but separate. The
applicant will be moving more than one acre of land and construc-
tion is adjacent to public waters. No Chapter 105 permit is required
because all construction will take place above the natural ordinary
high water mark. The engineer recommended the use of hay bales
Page Six
6/27/79
during construction to prevent runoff to public waters. Following
discussion, it was moved by Sault, seconded by Peterson, that the
application be approved, subject to the engineer's recommendations.
Upon vote the motion carried.
Transportation Committee Meeting
Manager Rahr noted that the Planning Commission of the City
of Bloomington was holding a joint meeting with the Traffic and
Transportation Advisory Commission at 8:30 on June 28, 1979. The
purpose of the meeting is to discuss the transportation portion
of the comprehensive plan, which deals primarily with County Road
18. He encouraged all interested persons to attend this meeting.
Meeting with the City of Chanhassen
It was reported that Manager Fiskness had been in touch with
the City of Chanhassen to set up a meeting between the district
and the City to discuss coordination between the two governing
bodies with respect to regulation of water resources. The meeting
was scheduled for July llth at 6:30 p.m., possibly at the Chanhassen
Dinner Theater. The staff was directed to prepare an agenda for
the evening.
Treasurer's Report
The treasurer submitted his report, a copy of which is attached
hereto and made a part hereof. Following discussion, it was moved
by Rahr, seconded by Sault, that the report be approved and vouchers
specified in that report be paid. Upon vote the motion carried.
It was noted that the Managers had authorized $53,000.00 for
the City of Chanhassen in their Erie Avenue ponding basin project.
A request had been made of the district whether these funds were
still available. The Managers directed the treasurer to inform
the City of Chanhassen that the request for such funds should be
resubmitted to the district for reconsideration.
Stream Gauging Station
The engineer reported that he had met with the Metropolitan
Council regarding the use of the stream gauge for flow water quality
analysis to be conducted at the Metropolitan Council's expense.
The Metropolitan Council wishes to study a watershed district that
is in transition from a rural to urban district. The Riley -Purgatory
Creek Watershed District fits this mold and was chosen by the Council
to be the subject of the study. The Managers authorized this staff
to work with the Geological Service and the Metropolitan Council
on this project for one year.
Page Seven
6/27/79
Preliminary Protect Review
The engineer reviewed preliminary plans with specifications
for the following potential projects located within the district:
1. Expansion of Seven -Hi Shopping Center and the Willmar
Thompson property in Chanhassen. Following Mr. Obermeyer's report,
the Managers noted the various policies and criteria, rules and
regulations of the district which pertain to these development
projects. Mr. Obermeyer noted that he would correspond with the
appropriate municipal officials and developers to advise each of
the particular requirements of the watershed district which applied
to these projects.
Projects Not Requiring Permits
The Manager noted that he had received applications for two
permits for the following projects:
1. Construction of the Burlington Lutheran Church; and
2. Construction of an addition to Normandale Hyland Methodist
Church.
The engineer noted that these projects would not require a
permit under the regulations of the district.
Annual Report
The engineer distributed the final copy of the 1978 Engineer's
Annual Report.
Status of Construction Projects
The engineer noted that there have been some problems with
erosion at a few of the construction sites currently under develop-
ment. He noted that he had been in contact with the individual
developers to correct the problems noted.
Water Resource Research Center
The attorney reported that she had contacted the Water
Resource Research Center at the University of Minnesota in response
to their letter requesting input from the Managers as to matters
which should have priority for research in the coming year. The
Managers:noted that groundwater should be a priority which is -
researched, and also the control of runoff from rural lands which
have been cleared. The staff was directed to respond to the Research
Center's request.
Page Eight
6/27/79
Valley View Road Extension
The Managers noted receiving a phone call from Bill McKuen,
a citizen in the district, who expressed concern about the exten-
sion of the Valley View Road between Round Lake and the High School.
He informed the Managers that he is conducting a series of meetings
questioning the need for the street extension because the Cross -
Town Highway would be upgraded and possibly eliminate the need
for the street. He also noted that he was considering petition-
ing the watershed district to conduct a study to see if the road
is needed. The Managers indicated that additional studies might
be prudent to determine the effect of the road on Round Lake.
Adjournment
There being no further business to come before the meeting,
it was moved by Rahr, seconded by Sault, that the meeting be
adjourned. Upon vote the motion carried and Chairman Pennie
declared the meeting to be adjourned.
Respectfully submitted,
Conrad B. Fiskness, Secretary
h_jNESOTA DEPARTMENT OF HEAT.
Division of Environmental Health
REPORT ON PLANS
Plans and Specifications on Watermain
Location Chanhassen
Date Examined June 14. 1� Z_
Prepared and submitted by Suburban Engineering, 1.101 Cliff Road.
Burnsville, MN 55337
Date Received June 11, 1979 Plan File No.
Ownership - Municipal
Scope - This report covers the design of this project insofar as the
safety and sanitary quality of the water for public consumption may
be affected, and applies to this project only and not to the entire
system or any other part thereof.
This project consists of the installation of 6, 8 and 18-inch ductile
iron pipe to serve Chaparral 2nd Addition.
It is understood that the .installation will be in accordance with
previously approved specifications.
(Recommendation on Back)
Compliance -- NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN -ACCORDANCE
WITH THE APPROVED PLANS: If it is desired to make deviations from
the approved plans, the State Department -of health should be consulted
and approval of the 'changes obtained before construction is started;
otherwise, such construction is installed without proper approval,
And in addition may -create dangers to public health.
Conclusion
The plans and specifications on this waterworks project are in general
accordance with the requirements of the Minnesota Department of
Health, and are recommended for approval with the understanding as
stated in the preceding paragraphs, and with the usual reservations
as stated on the appended sheet entitled, "Information Relative to
Plan Examination."
Approved:
Plans reviewed by:
S�ep
6n�Gree�nwood
Public Health Engineer
Section of I -later Supply
and General Engineering
Tomas Klaseus, Supervisor
Public G,?ater Supplies Unit 1
RECO12 ENDATION
Watermains crossing house sewers, storm sewers, or sanitary sewers
shall be la14 to provide a separation of at least 18 inches between t
the bottom of the watermain and the top of the sewer. When local
conditions prevent a vertical separation as described, the following
construction shall be used:
a. Sewers passing over or less than 18 inches below watermains
shall be constructed of materials equal to watermain standards
of construction.
b. In addition, sewers passing over watermains shall be protected
by providing:
(1) a vertical separation og at least 18 inches between the
bottom of the sewer and the top of the watermain,
(2) adequate structural support for the sewers to prevent
excessive deflection of ,points and settling on and
breaking the watermains,
(3) that the length of water pipe be centered at the point
of crossing so that the joints will be equidistant and
as far as possible from the sewer.
Form 1273 - Poucher, Mph.
Commissioner of Revenue AbateML
-orm 7 (Rev. 3/74)
APPLICATION FOR ABATEMENT — GENERAL FORM
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Applicant's Name
City of Chanhassen
Street Address
690 Coulter Drive
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Complete in triplicate if tax reduction
U exceeds $500; otherwise complete in
duplicate. Please print or type.
For Taxes Assessed in Year1.9 8 0
and Payable in Year 19 81
School District No. Date of Application
112 16-10-1981_
City or Township Zip Code
Chanhassen 55317
APPLICANT'S STATEMENT OF FACTS: Outlot A, Chaparral 3rd Addition
On July 2, 1979 the Chanhassen City Council approved the final development
plan for Chaparral 3rd Addition. Said plan identified Outlot A as being a
publicly -owned.. park. On December 3, 1979 the City signed a development .
contract with New Horizon Homes, Inc., obligating said corporation to carry
out said development plan. On December 18, 1979, the developer,.by executing
the plat of Chaparral 3rd Addition,became legally obligated to convey the subject
property to the City and the City became legally entitled to take possession
of the subject property. The deed conveying the subject property to applicant
was delivered to applicant on or about March 5, 1981.
APPLICANT'S REQUEST
That the taxes, interest, and penalty for the year payable 1981, on the
above property, be abated.
CITY OF CHANHASSEN
Applicant's Signature City Manager Date 6/10/81
NOTE: Minnesota Statutes 1971, Section 609.41 "Whoever in making any statement, oral or written, which is required or authorized by law to be made as a
basis of imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material matter which he knows is false may be
sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both.
REPORT OF INVESTIGATION (by County Assessor or City Assessor in certain cities)
],hereby report that I have investigated the statements made in the foregoing application and find the facts to be as follows:
MRTIFICATE AND RECOMMENDA''. iN BY COUNTY BOARD AND COUN, { AUDITOR
I, the undersigned, County Auditor of the within named county, do hereby certify that a careful examination
into the allegations and statements set forth in the within application has been made by the County Board of
said county and by myself and that from said examination we are convinced and believe that said allegations and
statements are true.
I further certify that, at a meeting held. , 19 , said County Board, by official action
upon motion duly adopted and entered upon the minutes of its proceedings as a public record, showing the names
of the taxpayers and other persons concerned and the amounts involved, made the following recommendation,
wherein I hereby concur, upon said application:
That the assessed value of said property be reduced to and fixed at $
I hereby certify the result of the adoption of said recommendation will be as follows:
Amount of reduction of assessed value $
Amount of reduction of taxes $
Signature of County Auditor
ORDER OF THE DEPARTMENT OF REVENUE — STATE OF MINNESOTA
REJECTION
Upon due consideration of the within application it is
ordered that the same be and it is hereby rejected.
Commissioner of Revenue
By -
Reason for Rejection:
Date
,19
ACCEPTANCE
Upon due consideration of the within application it is
ordered that:
❑ the recommendation of the County Board and County
Auditor be granted.
M
The auditor and treasurer of said county are hereby
authorized and directed to make such changes in the re-
cords and books of their respective offices as may be
necessary to carry out this order
Commissioner of Revenue
By
Council Meeting, March 18 985 -2-
washed away. They will pick one weekend after all of this and go over everything.
They will pull any weeds that they see coming up, and will paint any spots on the
fire hydrants that didn't get painted the first time. There were a few extras that
they asked the City of Chanhassen to do to complete his project. He would like the
City to paint the curbs and crosswalks. He would like the Carver County Herald to do
a story on the group as they are doing the project. He will be taking pictures
before, during and after the project and then give a presentation to the City Council
on what they did at the end.
Mayor Hamilton asked if the City was to supply the equipment needed for this project.
Jim Gregory replied yes.
Councilman Geving was wondering who would be working on this project.
Jim Gregory said that he and his Scout Troop. In order to advance in Scouting, you
have to give service hours. The Scout Troop needs the time just as Jim does.
Councilman Geving also suggested that he would like to see the city sweeper run by
the areas that the litter is picked up. Me was also wondering if anything was to be
done with the 211 to 3 feet posts. He felt that it is a great project.
Jim Gregory stated that they will be pulling the weeds around the posts and spray
around them also.
Bill Monk stated that he did not know if the posts were private or if they were city
property. He was to check into this. He felt that it was not worth it to paint
them, as they would then have to continually paint them.
APPROVAL OF MINUTES: Councilwoman Watson moved to approve the Council Meeting
Minutes dated February 25, 1985, Motion was seconded by Councilman Horn. The
following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, and
Councilmen Horn. Councilman Geving abstained. Motion carried.
Councilwoman Watson moved to note the Planning Commission Minutes dated February 27,
1985. Motion was seconded by Councilwoman Swenson. The following voted in favor:
Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No
negative votes. Motion carried.
APPROVAL OF ACCOUNTS: Mayor Hamilton moved to approve the bills as presented:
checks #022309 through check 1022392 in the amount of $253,850.67 and checks #024790
through #024883 in the amount of $72,488.34. Motion was seconded by Councilman
Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and
Swenson, Councilmen Horn and Geving. No negative votes. Motion carried.
Item #5 - Side Yard Setback Variance Request, 720 West 96th Street, Ronald Landin.
This item was approved unanimously by the Board of Adjustments and Appeals at an
earlier meeting this evening. It was therefore removed from the Agenda.
CONDITIONAL USE PERMIT FOR LANDSCAPING CONSTRACTOR'S YARD ACTIVITIES, DAVID
STOCKDALE, ONE-HALF MILE NORTH OF HIGHWAY 5 ON GALPIN BOULEVARD:
BARB DACY: This certain parcel totals 18 acres in size. Earlier this winter, it was '
part of a subdivision that was passed by the Council creating four lots. A six acre
parcel was to be tied in with Mr. Bentz's parcel, which is 14 acres.
REGULAR CHANHASSEN CITY LOUNCIL MEETING
MARCH 18, 1985
Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge
to the Flag.
Members Present
Councilman Horn, Councilwoman Watson
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
Bill Monk, and Jim Castleberry
APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented with
the addition of Mosquito Proclamation, Action on the Bill of the Legislative Bracket
- Meeting Law, Sewer Hook -Ups, Board of Equilization, and the deletion of item No.
7. - Sketch Plan Review, Planned Unit Development, Schroeder Property, East Side of
Kerber Boulevard., Larry Laukka. Motion was seconded by Councilwoman Watson. The
following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson,
Councilmen Horn and Geving. No negative votes. Motion carried.
CONSENT AGENDA: Councilman Horn moved to approve the following Consent Agenda
Items pursuant to the City Manager's recommendations:
I.e. Construction Plans and Specifications for Buckingwood Court in Chaparral Third
Addition.
l.b. Rescheduling Trunk Charge Assessment for Lot 2, Block 1, Zamor Addition,
Prairie House Restaurant. RESOLUTION #85-10.
Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
VISITOR PRESENTATION: Jim Gregory from Boy Scout Troop 330, appeared before the
Council concerning a downtown clean-up project. He is proposing as an Eagle Scout
candidate. He stated that he had spoke with Bill Monk and the Father at St. Hubert's
Church & Parish. Between the two of them they came up with a project of cleaning up
the downtown Chanhassen area. The project area would run from Chanhassen Tire & Auto
on West 78th Street, east to St. Hubert's Church and School; from there it goes
behind the Bakery Thrift Shop and then south behind Pauly 's. They will work on both
sides of the road. As their first project, they will be picking up litter, and will
be doing this after the snow has melted. For this project they only need a few pick
up sticks and a few garbage bags. The next project will be painting fire hydrants.
This will be done as soon as there is no more chance of snow. They will also be
putting flags on the fire hydrants so they will be noticable, should they be covered
with snow. For this project, they will need approximately one gallon of paint, a few
paint brushes, and five flags. The next project will consist of pulling weeds. They
will do this when there is a good weekend. (May 18 or/and May 25). They will be
pulling the weeds in the cracks on sidewalks and in cracks on the blacktop. They
will bag the weeds and dispose of them properly. The equipment needed for this pro-
ject will be garbage bags. They will then spray the areas where the weeds were
pulled to keep them from coming back. They will need a few sprayers and a limited
amount of spray. They may have to spray twice, should it rain and the spray be