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78-03 - Minnewashta Creek 1st Add PUD pt 3WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNDING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN City of Chanhassen P. Q. BOX 147 Chanhassen, MN 55317 Gentlemen: SCHOELL & MAOSON, 1 NC. ENGINEERS ANO SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS April 6, 1979 Subject: Bob Ritter's Minnewashta Creek 2nd Addition, Plans and Specifications, and Construction Cost Estimate. We have reviewed and approved the utility plans and specifications for Minnewashta Creek 2nd Addition as prepared by Clark Engineering and dated April 26, 1979. We estimate the cost of the work to be $199,431.80. Accordingly, the escrow amount or performance bond should be $219,374.98 (110% of the estimated cost). The plans and specifications are in accordance with City standards and our previous recommendations. The Minnehaha Creek Watershed District has approved the subject plans. The easements shown on the plans are adequate. The perpetual drainage easement shown in the northeast adequately encompasses the marsh area as required by the City and Water- shed District. The watermain connection to Pleasant Acres has been eliminated so an easement is no longer required. WJBrezinsky:srt cc: Robert J. Ritter Craig Mertz Very truly yours, SCHOELL & MADISON, INC. `�7 REGULAR PLANNING COMMISSION MEETING - JULY 25, 1979 Page 2 or whoever, to put a dock in. We are proposing no dock, no ramp. The fence allows for a 4 ft. entrance, so nobody is going to back a car down there. If they want a beach house. or anything else, they have to come back to the Council and any other boards. It is also in the covenants of the homeowners association. Clark Horn moved to recommend to City Council to draft a Conditional Use Permit per the covenants by the Homeowner's Association, the outlot owned by the same, would be no dockage, no access, no building on the property, and the covenants could be modified by a majority, but would be subject to approval of the Planning Commission and City Council. Motion seconded by Walter Thompson, and unanimously approved. PLANNING COMMISSION APPOINTMENTS - SIGN COMMITTEE & BOARD OF ADJUSTMENTS AND APPEALS Clark Horn moved to appoint Tom Droegemueller as the Planning Commission's representative to the Board of Adjustments and Appeals. ?lotion seconded by Walter Thompson, and unanimously approved. Walter Thompson was chosen as:: -an alternate. PRELIMINARY DEVELOPMENT PLAN REVIEW, LOTUS LAKE ESTATES 2nd ADDITION B. T. LAND COMPANY Walter Thompson moved to amend the agenda to go to Item 5 at 8:10 p.m. Motion seconded by Clark Horn and unanimously approved. B. T. Land Company is proposing to develop an approximate 100 unit single family residential planned unit development on the eastern shores of Lotus Lake, directly north of the Lotus Lake Estates First Addition. Proposals for this property had been reviewed by the Planning Commmision as far back as 1974, and the one presently being reviewed is identical to the plans reviewed by the Planning Corrm►ission and City Council in the Spring and Summer of 1978, with the exception of the wetland alteration information. The Assistant City Manager/Planner recommended that the Planning Commission order a public hearing to obtain neighborhood sentiment to the subject proposal. The Assistant City Attorney asked, as a planning policy, do you have any objeetio to the lot size going below 11,700? Walter Thompson - In this situation where we've got a highly developed area I think the developer knows the economics of the situation as to whether or not'he can sell a lot that size I think is his problem, and apparently he feels that he can do it. Roman Roos - So it is your opinion that the wetland property on a piece of land be counted as classified land area. Walter Thompson - I would think so, not setting a precedent, but in this section that we are discussing right now. WILLIAM O. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL RODNEY B. GORDON THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT BRUCE C. SUNOING R. SCOTT HARRI DENNIS W. SAARI GERALD L. BACKMAN SCHOELL & MAOSON, INC. ENGINEERS ANO SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 Widmer Bros., Inc. P. O. Box 235 Spring Park, Minnesota 55384 Attention: Mr. Fritz Widmer Subject: Dear Mr. Widmer: OFFICES AT HURON, SOUTH DAKOTA AND DENTON. TEXAS December 27, 1979 Minnewashta Creek 2nd Addition In response to your request, this letter is to notify you that the sanitary sewer and watermains on the above named project have been tested and are available for hook-up. It is the City of Chanhassen's policy not to accept partial completion of any project. Therefore, these utilities will not be accepted by the City until the entire project, including the curb and gutter and street, are completed. Very truly yours, SCHOELL & MADSON, INC. WREn elhardt:mkr tw cc: Mr. Don Ashworth l� RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Mr. Bob Waibel City of Chanhassen Box 147 Chanhassen, MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 October 8, 1979 TELEPHONE (612) 335-9565 Re: Minnewashta Creek Addition Beach Lot (Romarco) Attached you will find my proposed conditional use permit for the Minnewashta Creek Addition beach lot. Mr. Ritter has advised me that he has an urgent need for actual issuance of the permit. Mr. Ashworth has scheduled this matter for action by the City Council at its October 15, 1979 meeting. The permit, as drawn, contemplates that the Homeowners' Association will become the sole party obligated under the permit. It is my understanding that Romarco will be acquiring title to Outlot B from Mr. Berkey sometime this week and will be immediately conveying title to the Association. You should ask Romarco to provide you with a letter from its attorney addressed to the City certifying: a. Thathe is counsel for Romarco Development, Inc.; b. That "Minnewashta Creek Home Owners' Association of Chanhassen, Minnesota" has been duly incorporated in accordance with Minnesota Law; C. That said Association has acquired fee title to Outlot B, Minnewashta Creek First Addition, Carver County, Minnesota; and d. That a copy of the Declaration of Covenants, Conditions and Restrictions identical to those transmitted to the City Attorney under cover of D. William Kaufman's letter of March 22, 1979 has been filed in the office of the Carver County, Minnesota, Recorder. If you do not receive such a certification from Romarco's attorney within thirty (30) days, I suggest that alteration work on the site be "red -tagged." Bob Waibel -2- 10/8/79 Alteration of the site should not be commenced until after the permit has been signed by Romarco and by the Association. Section 5 provides for the usual cash bond. I do not think it would be necessary to bond for the estimated cost of the fence, sign, or sand blanket. A bond for 1100 of the estimated cost of executing the grading plan should be sufficient for City purposes. If you have any changes or corrections, please call me. Very truly yours, 0 -'t41(.9 -;�K V"—r CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:mep Encl. OR CITY OF CHANHASSEN CONDITIONAL USE PERMIT BEACH LOT - MINNEWASHTA CREEK ADDITION This permit and agreement, made and entered into this day of , 1979, by and between Romarco Development, Inc., and Minnewashta Creek Homeowners'Association of Chanhassen, Minnesota (hereinafter referred to collectively as the Applicant), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH: That the City, in exercise of its powers pur- suant to M.S. §462.357, and other applicable state law, and §7.04 of the Chanhassen Zoning Ordinance, hereby grants to the Applicant herein a conditional use permit to maintain and operate a private neighborhood association recreational area upon Outlot B, Minnewashta Creek First Addition, Carver County, Minnesota (hereinafter the Subject Property), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1. Recitals. 1.01 Prior Platting of Minnewashta Creek Second Addition. Romarco Development, Inc., as contract for deed vendees, acting in concert with one Donald B. Berkey and one Jane L. Berkey, as contract for deed ven- dors, have platted a tract of land in the City as Minnewashta Creek Second Addition (hereinafter Second Addition), consisting of thirty-six (36) residential lots. 1.02 Outlot B. Romarco Development, Inc., (hereinafter Romarco) has purchased Outlot B, Minnewashta Creek First Addition, from said Donald B. Berkey and said Jane L. Berkey under a contract for deed. 1.03 Homeowners' Association. Romarco has incorporated the Minnewashta Creek Homeowners' Association of Chanhassen, Minnesota (hereinafter the Association) for the purpose of acquiring and main- taining certain common properties for the benefit of the owners of lots in the Second Addition. Romarco has, by various contracts with purchasers of lots in the Second Addition, become legally obligated to acquire the fee title to Outlot B, Minnewashta Creek First Addition and to convey the same to the Association as a common property. -1- 1.04. Development Chronology. A. The City Planning Commission held a public hearing on July 25, 1979 to consider the issuance of the within conditional use per- mit and to consider the approval of the Applicant's grading and landscaping plan for the subject property. B. The City Council, by its resolution of August 6, 1979, approved the issuance of the within conditional use permit and approved the Applicant's grading and landscaping plan. Section 2. Special Conditions. 2.01. Permit Not Transferable. This permit is personal to the Applicant and to the Association, and is not assignable or transferable except upon the written consent of the City. 2.02. Release of Romarco. The City, upon written request, shall release Romarco from its obligations hereunder upon receipt of documen- tation which demostrates (a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in Minnewashta Creek Second Addition. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to Romarco shall have the effect of releasing the Associa- tion from its obligations, covenants, and agreements hereunder. 2.03. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the benefit of the owners of the thirty-six lots in Minnewashta Creek Second Addition. The Applicant agrees that the use and enjoyment of the Subject Property shall be limited to the owners of lots in Minnewashta Creek Second Addition. The use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this §2.03 shall mean and refer to any natural -person who is either (a) the record owner of a fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot or double lot in the Second Addition, including authorized guests and family members of any such persons. 2.04. Description of Property Subject to This Permit. The premises subject to the within conditional use permit are described as follows: Outlot B, Minnewashta Creek First to the map or plat thereof on file Office of the County Recorder, in Minnesota. -2- Addition, according and of record in the and for Carver County, 2.05 Certain Site Alterations Authorized. The Applicant is hereby authorized to execute its grading plan and landscape plan prepared by Clark Engineering Co. under certification of June 14, 1979 (hereinafter the Applicant's Plan). Except as provided in said grading plan and landscaping plan, no portion of the Subject Property may be developed, altered, or disturbed in any way. All work performed in execution of the Applicant's Plan shall be subject to the inspection and approval of the City Engineers. In case any work shall be rejected by the City as unsuitable or defective, then such rejected work shall be done anew to the satisfaction and approval of the City at the cost and expense of the Applicant. 2.06. Schedule of Work. The Applicant agrees that it shall have all work done and the improvements described in §2.05 above fully completed to the satisfaction and approval of the City on or before 19 The Applicant shall submit a written schedule indicating the proposed progress schedule and order of com- pletion of work covered by this contract which schedule shall be a part of this contract. Upon receipt of written notice from the Appli- cant of the existence of causes over which the Applicant has no control which will delay the completion of the work, the City, in its discre- tion, may extend the date hereinbefore specified for completion. 2.07. Erosion Control. Applicant, at its expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Premises during all phases of construction. Applicant shall keep all public streets free of all dirt and debris resulting from construction by the Applicant, its agents or assignees upon the Subject Property. 2.08. Certain Structures Prohibited. Except for the fence and sign described in the Applicant's Plan, no structure may be constructed, erected, or maintained upon the Subject.Property. No docks, piers, boat racks, or canoe racks shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.09. Camping Prohibited. No owner, as defined hereinabove, or other person shall camp overnight on the Subject Property. 2.10. Motor Vehicle Parking and Boat Storage. No watercraft shall be parked or stored overnight or on a permanent basis on the Subject Property. Except for construction equipment necessary for the execu- tion of the Applicant's Plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceeding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or trailer or wheeled dolly upon the Subject Property. -3- Section 3. Municipal Disclaimers. 3.01. No Liability to Suppliers of _Labor or Material. 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 Applicant, the Applicant's con- tractors 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 permit and agreement or the performance and completion of the work and improvements hereunder; and that the Applicant 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. 3.02. Written Work Orders. The Applicant shall do no work nor furnish materials, whether covered or not covered by the Applicant's Plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Applicant without such written order first being given shall be at its own risk, cost and expense, and Applicant hereby agrees that without such written order, Applicant will make no claim for compensation for work or materials so done or furnished. Section 4. Miscellaneous. 4.01. Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of com- petent jurisdiction, such holding shall not invalidate or render unen- forceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 4.02. Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 4.03. Headings. Headings at the beginning of sections and para- graphs hereof are for convenience of reference, and shall not be con- sidered a part of the text of this contract, and shall not influence its construction. 4.04. Proof of Title. Upon request, the Applicant shall furnish the City with evidence satisfactory to the City that it has acquired fee title to the Subject Property. -4- 4.05. Notices. All notices, hereunder shall be sufficiently mailed by certified mail, return with proper address as indicated by written notice given by one t or addresses to which notices, c to them shall be sent when requi Unless otherwise provided by the certificates, and communications follows: certificates and other communications given and shall be deemed given when receipt requested, postage prepaid, below. The City and the Applicant, o the other, may designate any address ertificates or other communications red as contemplated by this permit. respective parties, all notices, to each of them shall be addressed as To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Romarco: Romarco Development, Inc. 3295 Hillsboro Avenue South Minneapolis, MN 55426 To the Association: Minnewashta Creek Homeowners' Association c/o Romarco Development, Inc. 3295 Hillsboro Avenue South Minneapolis, MN 55426 4.06. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term is defined in §2.03 above, with a copy of this permit within thirty (30) days of any such owner's initial occupancy of any residential structure in the Second Addition. 4.07. Term of This Permit. This permit shall expire on August 6, 2009. Section 5. Enforcement Provisions. 5.01. Reimbursement of Costs. The Applicant shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by the Applicant. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in §4.05 above. The Applicant's reimbursement obligation under this section shall be a continuing obliga- tion throughout the term of this permit. -5- 5.02. Performance Bond. For the purpose of assuring and guaran- teeing to the City that the improvements to be by the Applicant con- structed, installed and furnished as set forth in §2.05 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicant shall pay all claims for work done and materials and supplies furnished for the performance of this permit, and that the Applicant shall fully comply with all of the other terms and provisions of this permit, Applicant agrees to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the amount of 5.03. Remedies Upon Default. A. Assessments. In the event the Applicant shall default in the performance of any of the covenants and agreements herein con- tained, and such default shall not have been cured within ten (10) days after receipt by the Applicant of written notice thereof, the City, if it so elects, may cause any of the improvements described in the Applicant's Plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative ex- pense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case the Applicant agrees to pay the entire amount of the assessment roll pertaining to any such im- provement within thirty (30) days after its adoption. Applicant 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 Applicant's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicant shall be and hereby are waived in their entirety, and the Applicant shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency. B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Applicant 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 the cost of making any of said improvements, or for the cost, including reasonable engineering, legal and administrative expense incurred by the City, of curing any default by the Applicant in its performance of any of the covenants and agreements contained herein. Q:� C. Legal Proceedings_. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate viola- tions of the within permit, or to prevent use or occupancy of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of 1979. ROMARCO DEVELOPMENT, INC. MINNEWASHTA CREEK HOMEOWNERS' ASSOCIATION OF CHANHASSEN, MINNESOTA By Its --Its - And And -- Its-- - -- -- Its CITY OF CHANHASSEN By Its Mayor ATTEST: STATE OF MINNESOTA ) ss. COUNTY OF ) City Manager On this day of , 1979, before me, a notary public within and for said county, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and the of Romarco Development, Inc., and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -7- STATE OF MINNESOTA ss. COUNTY OF On this day of , 1979, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of Minnewashta Creek Homeowners' Associa- tion of Chanhassen, Minnesota, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. STATE OF MINNESOTA ss. COUNTY OF CARVER Notary Public On this day of , 1979, 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. otary Public CITY JF Ct ;� 1-1 � , me ma 9 A 5 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 December 28, 1979 Mr. Bob Ritter 3295 Hillsboro Ave. So. St. Louis Park, Mn. 55426 Dear Bob: As per the contents of our phone conversation of this day, I have the following comments. Section 17 of the development contract for Mi.nnewashta Creek second Addition states that "upon completion of the installation by -applicants of the improvements set forth in paragraph 1" (stree-6 grading, "stabilizing and bituminous surfacing; surmountable concrete curbs and gutters; sanitary.sewer mains; watermains; storm and surface water drainage; street signs; boulevard soddings; driveway surfacing; underground utility lines; and street lighting) "Hereof in accordance with the plans and specifications hereunder and the written approval by the City,.the applicant shall convey said improvements to.the City free of all Liens and encumbrances and with warranty of title. Should the applicants fail to so convey said improvements, the same shall become property of the City without further notice or action on -the part of either party hereto, other than acceptance by the City." It is implied in this statement that the.City will be assuming the routine maintenance of the stated improvements.. As part of the`�development contract requirements, the City Engineer had estimated that.constructi.on performance securities be remitted in the amount of $219,374.98 towit the City has a performance bond on file running in favor of the developer guaranteeing completion of the improvements by.widmer Bros., the contractor, and guaranteeing payment to persons supplying materials and/or labor toward the completion of the installation of said improvements. If you have any questions or comments, please do.not hesitate to contact me. Sincerely, Bob waibel Ass't. City Manager/LUC f ram\ 4li POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DO -Cy, LTD. 43441DS CENTER MINNEAPOLIS, MN SS402 WAYNE G. POPHAM JAMES R. STEILEN RAYMOND A. HAIK JAMES B. LOCKHART ROGER W. SCHNOBRICH GARY E. PARISH. DENVER KAUFMAN ALLEN W. HINDERAKER DAVID S. DOTY CLIFFORD M. GREENE ROBERT A. MINISH D. WILLIAM KAUFMAN ROLFE A. WORDEN DESYL L. PETERSON G. MARC WHITEHEAD MICHAEL 0. FREEMAN BRUCE D. WILLIS LARRY D. ESPEL FREDERICK S. RICHARDS DAVID A. JONES RONALD C. ELMOUIST SALLY A. JOHNSON G. ROBERT JOHNSON LESLIE GILLETTE GARY R. MACOMBER MICHAEL T. NILAN ROBERT S. BURK ROBERT E.HAMEL. FREDERICK C. BROWN OF COUNSEL BRUCE D. MALKERSON DALE C. NATHAN . NOT ADMITTED TO MINNESOTA BAR City of Chanhassen Box 1147 Chanhassen, Minnesota 55317 Attention: Robert Waibel November 12, 1979 Re: Romarco Development, Inc, Minnewashta Creek First Addition Outlot B Our File No. 6141-001 Dear Mr. Waibel: TELEPHONE AND TELECOPIER 612-335-9331 DENVER OFFICE 2660 ENERGY CENTER ONE DENVER, =OLORADO B0202 303-SR5-2660 In connection with the Conditional Use Permit for Outlot B, Minnewashta Creek First Addition, please be advised that this firm is counsel for Romarco Development, Inc. Furthermore, in connection with the requirements set forth in the October 8, 1979, letter from Mr. Craig M. Mertz, Assistant Chanhassen City Attorney, please be advised that: 1. Minnewashta Creek Homeowners Association of Chanhassen, Minnesota, was duly organized as a non-profit corporation under Chapter 317 of the Minnesota Statutes, as amended, on October 12, 1979, and is validly existing and is in good standing under the laws of the State of Minnesota; 2. That said Association has acquired fee title to Outlot B, Minnewashta Creek First Addition, Carver County, Minnesota, by Warranty Deed dated October 24, 1979, and recorded with the Carver County Recorder on October 25, 1979, as Document No. 44599; R3 t�^I LO Fives. Yill�QF C« �A�►Hggg R .'\a.: yr s POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. City of Chanhassen Page Two November 12, 1979 3. That the Declaration of Covenants, Conditions and Restrictions filed with the Carver County Recorder on April 26, 1979, and recorded in Book 39, Miscellaneous, page 378 (Document No. 42247) is identical to the copy of said Declara- tion transmitted to Mr. Mertz on March 22, 1979. DWK/mp cc Craig M. Mertz Robert J. Ritter Very truly yours, D. William Kaufrlan 6. CITY OF i 7610 LAREDO DRIVEOP.O. BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: October 15, 1979 SUBJ: Development Contract/Conditional Use Permit The following development contracts and conditional attached for Council review and approval. It is the that all contracts presented are in: accordance with Council and Planning Commission actions: r7 a. Chaparral (New Horizon'Homes) , 0_ .i b. Hesse Farm j'-sl c . Christmas Acres 4ql d. Conditional Use Permit, Beach Lot, Outlot B, Minnewashta Creek 2nd Addition use permit are Staff belief previous City The following statements are. presented in regards to each of these contracts: a. Chaparral (New,Horizon Homes) - The developer and City Staff are in agreement with,all terms of the contract as presented. A policy decision is presented in one area of the contract and, given concerns raised by the Council during discussion of the Ecklund and Swedlund development contract;. such is.presented for discussion this evening, i.e. method -of -collection of assessments. Specifically, the original contract between the City and Dunn and Curry for Phase I levied assessments over`'a.•15--year period. In preparing the development contract for New Horizons, this office instructed the attorney's office to place all assessments (previous Dunn & Curry area as well as the additional phases for New Horizon) under one umbrella development contract and to require that all assessments become due and payable as a part of that development. -The developer has agreed to this position; however, this office would additionally desire that all assessments for sewer and water improvements be seen in the same light as street, storm sewer, etc. construction costs, . i.e. said assessments would not be on an individual lot basis, but instead be required to be paid in the same manner that we would require street improvements to be made and paid for (stated in the development contract and backed by an irrevocable letter of credit). This is the form of collection which took place ,Mayor and Council , -2- October 15, 1979 on the Ecklund and Swedlund property regarding assessments against individual lots; however, the fallacy in that development was additional work was undertaken as a part of the contract which resulted in assessment costs higher than the amount collected per individual lot.. This should not occur in this particular contract as amounts due the City are fixed assessment amounts and are not subject to change. The primary concern of this office is that the auditor's office often lags behind the City by up to a 2-year period and difficulties of preparing individual cards showing individual year levies for a 15-year period results in greater potential for error than consolidating all payments in one area and maintain responsibil- ity under one developer. Again, as there appeared to be prior confusion as to how or what the Staff was doing in regards to the Ecklund and Swedlund development, this item is being presented at this time. Approval of the development contract in line with the above philosophy is recommended. b. Hesse Farm - The contract as presented. is believed to be in accordance with previous City Council/Planning Commission actions and includes statements of the developer that streets would meet City standards and that the emergency access would additionally meet City standards. It is the understanding of this office that Mr. Hesse will be present to request that the Council delete hard surfacing of the roads (emergency access had never been proposed to be surface) and to significantly reduce the depth of material (reduce tonnage standards) . It is the staff recommendation, that, if this position is presented, that such be denied as: - Previous experience has shown that, although property owners will like the rural setting, that after a period of time they will become disenchanted with the dust of the gravel road. At that point in time, such will no longer be a problem of the developer but one solely with which the City and individual property owner will have to reconcile. Obvious differences between a rural subdivision addition versus urban should be obvious to an unsuspecting buyer, i.e. no sewer or water, lack of curbs, etc. However, the buyer should reasonably assume that, through city approval, that improvements that are made are of a reasonable standard. For the city to reduce road standards simply because this is a private development area could not be justified any more than reducing building, plumbing, etc. standards for the same reasons. Again, when the road fails and the property owner recognizes that - 1) the city approved the streets constructed and 2) he is paying the same taxes as any other owner within the community; he will demand the city help or make improvements - not the developer. The above statements are also true in regards to the emergency road. If this emergency access is not of a standard to assure the traffic can be accommodated through the rain and snow seasons, such should be tata.11y deleted_ Mayor and Council -3- October 15, 1979 C. Christmas Acres - Approval recommended as presented. No disagreements anticipated by the developer. d. Conditional Use Permit, Beach Lot, outlot B, Minnewashta Creek 2nd Addition - Approval recommended upon condition that developer pay all amounts due the city. The developer may note that a majority of costs owed by him are in regards to in house (Schnell and Madson) engineering services for the improvements being made as a part of the Minnewashta Creek 2nd Addition development - not the beach lot permit. This office agrees with these points, but does not change the fact that the amounts are due from the developer to the city. x !r'�'ib \ V` IA lealt,14 nCo CSr 190141 a% A Z�T �s>: •�� c�,vlv.,vG G-;�ir�� / � c,� � �.Z .�vc,�iv ;0' —;e6-0 ;��a 7 ov CITY OF CHANHASSEN CONDITIONAL USE PERMIT BEACH LOT - MINNEWASHTA CREEK ADDITION This permit and agreement, made and entered into this /,a,& day of 1979, by and between Romarco Development, Inc., and Minnewashta Creek Homeowners'Association of Chanhassen, Minnesota (hereinafter referred to collectively as the Applicant), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH: That the City, in exercise of its powers pur- suant to M.S. §462.357, and other applicable state law, and 57.04 of the Chanhassen Zoning Ordinance, hereby grants to the Applicant herein a conditional use permit to maintain and operate a private neighborhood association recreational area upon Outlot B, Minnewashta Creek First Addition, Carver County, Minnesota (hereinafter the Subject Property), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1. Recitals.. 1.01 Prior Platting of Minnewashta Creek Second Addition. Romarco Development, Inc., as contract for deed vendees, acting in concert with one Donald B. Berkey and one Jane L. Berkey, as contract for deed ven- dors, have platted a tract of land in the City as Minnewashta Creek Second Addition (hereinafter Second Addition), consisting of thirty-six (36) residential lots. 1.02 Outlot B. Romarco Development, Inc., (hereinafter Romarco) has purchased Outlot B, Minnewashta Creek First Addition, from said Donald B. Berkey and said Jane L. Berkey under a contract for deed. 1.03 Homeowners' Association. Romarco has incorporated the Minnewashta Creek Homeowners' Association of Chanhassen, Minnesota (hereinafter the Association) for the purpose of acquiring and main- taining certain common properties for the benefit of the owners of lots in the Second Addition. Romarco has, by various contracts with purchasers of lots in the Second Addition, become legally obligated to acquire the fee title to Outlot B, Minnewashta Creek First Addition and to convey the same to the Association as a common property. -1- 1.04. Development Chronology, A. The City Planning Commission held a public hearing on July 25, 1979 to consider the issuance of the within conditional use per- mit and to consider the approval of the Applicant's grading and landscaping plan for the subject property. B. The City Council, by its resolution of August 6, 1979, approved the issuance of the within conditional use permit and approved the Applicant's grading and landscaping plan. Section 2. Special Conditions. 2.01. Permit Not Transferable. This permit is personal to the Applicant and to the Association, and is not assignable or transferable except upon the written consent of the City_ 2.02. Release of Romarco. The City, upon written request, shall release Romarco from its obligations hereunder upon receipt of documen- tation which demostrates (a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in Minnewashta Creek Second Addition. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to Romarco shall have the effect of releasing the Associa- tion from its obligations, covenants, and agreements hereunder. 2.03. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the benefit of the owners of the thirty-six lots in Minnewashta Creek Second Addition. The Applicant agrees that the use and enjoyment of the Subject Property shall be limited to the owners of lots in Minnewashta Creek Second Addition_ The use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this §2.03 shall mean and refer to any natural person who is either_(a) the record owner of a fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot or double lot in the Second Addition, including authorized guests and family members of any such persons. 2.04. Description of Property Subject to This Permit. The premises subject to the within conditional use permit are described as follows: Outlot B, Minnewashta Creek First to the map or plat thereof on file Office of the County Recorder, in Minnesota. -2- Addition, according and of record in the and for Carver County, 4.05. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Applicant, by written notice given by one to the other, may designateany address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Romarco: Romarco Development, Inc. 3295 Hillsboro Avenue South Minneapolis, MN 55426 To the Association: Minnewashta Creek Homeowners' Association c/o Romarco Development, Inc. 3295 Hillsboro Avenue South Minneapolis, MN 55426 4.06. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term is defined in §2.03 above, with a copy of this permit within thirty (30) days of any such owner's initial occupancy of any residential structure in the Second Addition. 4.07. Term of This Permit. This permit shall expire on August 6, 2009. Section 5. Enforcement Provisions. 5.01. Reimbursement of Costs. The Applicant shall reimburse the City for all costs, including reasonable engineering, legal, planninc and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by the Applicant. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in §4.05 above. The Applicant's reimbursement obligation under this section shall be a continuing obliga- tion throughout the term of this permit. -5- -.t; 5.02. Performance Bond. For the purpose of assuring and guaran- teeing to the City that the improvements to be by the Applicant con- structed, installed and furnished as set forth in 52.05 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicant shall pay all claims for work done and materials and supplies furnished for the performance of this permit, and that the Applicant shall fully comply with all of the other terms and provisions of this permit, Applicant agrees to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the amount of. $ qL,) 5.03. Remedies Upon Default. A. Assessments. In the event the Applicant shall default in the performance of any of the covenants and agreements herein con- tained, and such default shall not have been cured within ten (10) days after receipt by the Applicant of written notice thereof, the City, -if it so elects, may cause any of.the improvements described in the Applicant's Plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative ex- pense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case the Applicant agrees to pay the entire amount of the assessment roll pertaining to any such im- provement within thirty (30) days after its adoption. Applicant 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 Applicant's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicant shall be and hereby are waived in their entirety, and the Applicant shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency. B. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Applicant 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 the cost of making any of said improvements, or for the cost, including reasonable engineering, legal and administrative expense incurred by the City, of curing any default by the Applicant in its performance of any of the covenants and agreements contained herein. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate viola- tions of the within permit, or to prevent use or occupancy of the Subject Property. IN WITNESS WHEREOF, the.parties hereto have caused these presents to be executed on this 14,E day of 1979. And And Its Its STATE OF MINNESOTA ;:Vlp COUNTY OF CITY OF CHANHASSEN By Its Mayor ATTEST: City Manager On this t4;4- day of f . 1979, before me, a notary public within and for said county, personally appeared 4�,f- and to me personally known, who, being each by me duly sworn did say that they are respectively the,tL_,� and the of Romarco Development, Inc., and that said instrument was signed in behalf of sai_ corporation by authority of its Board of Directors, and saidt:z,t and acknowledged said instrument to be the free act and deed of said corporation. KAREN J. E!'."3ELHARDT f �k. NOTARY PUBLIC - MINNESOTA CARVER COUNTY my commission tixpires Oct. tt, IN 6 -7- Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this /,OX- day of ���.c�yrr✓ 1979, before me, a notary public within and for said county, personally appeared kz and , to me personally known, wh , being each by me duly sworn, did say that they are respectively the 0��1 >_-16 and the of Minnewashta Creek Homeowners' Associa- tion of Chanhassen, Minnesota, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said �- /�wCe and acknowledged said instrument to be the free act and deed of said corporation. - otary Publi KA J. ENGELHARDT STATE OF MINNESOTA ) .3.k NQTAAV PUBLiC - ti11NNES4TA �*t CARVER COUNTY ss . My Commission Expiras Oct. 11, IM � COUNTY OF CARVER ) On.this day of 1979, 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 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 �•fJ jJ (612) 474-8885 l�ca'c►-l�- — PLANNING REPORT �,7" `!l .w�.c 72_e.-,.- , F„ ly y'__� DATE: August 2, 1979p.�r Action by Gat; F,`t:ist:st^:t^r kl: a;`ir,;l_._.--fe.,,,.—.-.��••*•- ��. �P,L L4 J..�• w�..r•-w.,..���fP paw Zubt3t Ad t9 r ts:;i ;•° 9 Cl*3 ' t e,6�f. Cb s 4'z� Iv v,.n ,,.r :q; r(., ;�r,.s — - . . TO: City Manager, Don Ashworth GUI In , ir, 16 • . wr/y p vv ..-- • . FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Conditional Use Permit for Beach Lot, Minnewashta Creek Addition APPLICANT: Romarco Development, Inc. PLANNING CASE: P-499 Petition Romarco, Inc. is proposing to establish Outlot B of Minnewashta Creek Addition as a beach lot for the residents of the homes to be constructed in the Minnewashta Creek Second Addition Plat. Comments As indicated in the attached planning materials, this case had been _officially discussed in the past, as being utilized as presently proposed. The attached plans demonstrate that there is to be minimal grading and grooming of the property, placement of a 6-inch sand blanket at the water line, construction of a split -rail fence on the perimeters of the property, and the placement of a 31x3' sign designating the area as private beach. The applicant has indicated that there is no other facilities, or alterations to the property than what is indicated on the attached plan. The subject request has been reviewed by both the Mn. Dept. of Natural Resources, and the Minnehaha Creek Watershed District, with both agencies finding that the proposal is not in need of a permit. The Planning Commission moved to recommend that a conditional use permit be drafted per the covenance of the Homeowner's Association, with the ownership of the outlot to be by the Association. There would be no dockage, no access, no building, and that the covenance could be modified by majority but would be subject to approval of the Planning Commission and City Council. City Manager -2- Recommendation I recommend that the City Council direct the City Attorney's office to draft a conditional use permit that delineates any and all of the permission granted by the City Council with the understanding that any changes whatsoever to the lot itself would need to be considered under the conditional use permit amendment process of Zoning Ordinance 47. It is additionally recommended that said permit should be reviewed as to final form by the Planning Commission and City Council before adoption. CITY"'OF 7610 LAREDO DRIVEoP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE.: July 23, 1979 TO: Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ: Beach Lot Conditional Use Permit, Public Hearing Minnewashta Creek Second Addition APPLICANT: Romarco, Inc. PLANNING CASE: P-499 The Planning Commission ordered this public hearing pursuant to Ordinance 47 in order to gather neighborhood sentiment to the subject proposal. Since the previous review of this item h_y the Planning Commission, this office has sent the beach lot plans to the Minnesota Department of Natural Resources, and the Minnehaha Creek Watershed District, and as shown in the attached materials, neither agency finds the proposal to be in need of a permit. As brought forth in the June 25th, 1979 planning report the only considerations of this office were that the private beach sign be reviewed by the Sign Committee and that permit status be obtained from the DNR and the Watershed District. Recommendation I recommend that the Planning Commission recommend that the City Council preliminarily approve a conditional use permit for the subject request, and direct the City Attorney's office to prepare a draft conditional use permit for final approval by the City Council. WATERSHED BOUNDARY N ti 'qG t i b FISHED ,,.. LAKE MINNETONKA MtN,AEsOTA RIVER P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: i David H. Cochran, Pres. • H. Dale Palmatier • Albert L. Lehman • James S. Russell Jean Williams July 18, 1979 Mr. Robert Waibel Assistant City Manager City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota Re: Minnewashta Creek First Addition, Outlot B Grading and Landscaping Dear Mr. Waibel: Pursuant to your telephoned request of July 17, 1979, this will advise you that we -see no need for a watershed district permit for the subject proposal. Such a"determination refers specif- ically to the Plan prepared by -Clark Engineering Company with certification dated June 14, 1979, transmitted to us by cover letter dated June 28, 1979 from Bob Ritter. Any revision of this plan could result in a determination diff- erent from that described above. If you have any questions please call. Sincerely, E.A. HICKOK AND ASSOCIATES Engineers for the District John A. Holmquist JAH/gaz cc: D. Cochran G. Macomber Ac NCr ter- ��L1979 Y'�� v�L�eE of CO O crtaNKpss�.N, ��, LL _ /v 1( STATE IDEPARTMENT Metro Region_Jjaters, PHONE:—296-7523 Bob Waibel Assistant Manager/Planner 7610 Laredo Drive P.O. Box 147 Chanhassen, Minnesota 55317 OF NATURAL RESOURCES 1200 [darner Road, St. Paul, I -IN 55106 July 17, 1979 File No_ RE: PROPOSED BEACH DEVELOPMENT, LAKE MINNEWASHTA, CHANHASSEN, MINNESOTA Dear Mr. Waibel: Pursuant to your July 12, 1979 correspondence, I have reviewed the site plan for Rorarco Corporation's proposed beach lot development adjacent to Lake Minnewasnta. The proposed 6" sand blanket, which will be located at or above elevation 944.4 (NGVD-1929), will not require a permit from the Department of Natural Resources (DNR). If the proposed project is modified to involve placing fill below the ordinary high water elevation, a permit may be required from this office. The attached brochure entitled "Beach Sand Blankets" outlines present DNR permit requirements for this type of activity. If you should have any questions, please feel free to contact my office. at 296-7523. KL/TL/ch Enclosure Sincerely, ent Lo kesmoe Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER i �Q�3 1979 � �VaO '.ARSON & -1,14ERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING RUS5ELL H_ LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ f OF COUNSEL. HARVEY E. SKAAR MARK C. Mc CULLOUGH October 17, 1979 Mr. Bob Waibel City of Chanhassen 7610 "Laredo Drive Chanhassen, Minnesota 55317 Re: Romarco Beach Lot Dear Bob: TELEPHONE (612) 335-956EtiY, 'k. The City Council,at its October 15, 1979, meeting, approved the proposed conditional use permit for the Minnewashta Creek Home Owners Association Beach.:.Lot. Enclosed you will find the original copy of the permit. The permit should be signed and the performance,bond/letter of credit should be filed with the City prior to commencement of alteration work. The performance bond or letter of credit should be reviewed by this office prior to your final acceptance of the same. In addition you should obtain from Romarco the certification described in October 8, 1979, letter. C.1v1M : rb Enclosure Very truly yours, -� CRAIG M. NtERTZ Assistant Chanhassen City Attorney �±r.T ;C79 FZSCEIVED VILLAGE OF CH.ANHA`'S ► MINN. c 2 IN la May 13, 1981 Page 3 Quady Property CMr. Partridge asked staff if it made any difference if the proposed road was lined up with Lake Lucy Road or not? Mr. Waibel indicated that whenever possible they should match up roads, aligning the proposed road to Lake Lucy road wouldn't necessarily create a negative impact. The concensus of the Planning Commission is that 5 members want the roads to line up and Ms Watson indicated she is against the idea. Mr. Noziska indicated that he would like to see a compromise between the two proposed plans for the attachment to Nez Perce. Wants to see a 900 intersection. Mr. Hess asked if he could connect Nez Perce with Narcisus to have a curve instead of an intersection. Might possibly have to modify the end of Nez Perce somehow. Mr. Partridge asked Mr. Hess if it would be possible to connect the two cul-du-sacs. Mr. Hess replied that it would be expensive, the soil is bad and there are underground sewer pipes located between them. The Planning Commission is not looking at this road as a saftey valve for the western half of Pleasant View Road. C' Mr. Partridge indicated that he would like to see less lots. Ms. Watson asked how deep the lots are? Mr. Hess indicated that the are approximately 130 feet deep. Mr. M. Thompson asked what the terrain is like? Mr. Hess explained that the terrain is rolling with some open space, some is wooded. Mr. Hess stated that a custom builder would be building the .houses. Ms. Watson suggested that the lots be somewhat similar in size as the others in the area. The frontages are the same. Mr. Waibel asked that the Planning Commission encourage the applicant to work with the staff on this request. Replat Request, Lots 16, 16, 17, 27 and 28, Minnewashta Creek 2nd Addition, Remarco Development, Inc.: Mr. Mertz explained that this item is a sketch plan review, the applicant has approval for duplexes and is asking the Planning Commission if he could have townhouses instead. Planning Commissioi inutes May 13, 1981 Page 4 Mr. Ritter indicated that he owns all the lots except for Lot 29, Cbut the owner of Lot 29 also would like to have his lot changed from duplex to townhouse. Mr. J. Thompson made a motion to recommend that the Planning Commission call a public hearing and that necessary escrow be deposited in the amount as decided by the staff. Second by M. Thompson. All in favor. Carried. Sketch Plan Review, 2 Residential Lots, N.W. Corner of Lake Lucy Road and Powers Blvd., Helen Jaques: Mr. Waibel explained this request that the property is pre- sently zoned R-lA and Ms. Jaques requests that this property be rezoned to R-1. Mr. Waibel indicated that this will not be creating a spot zone. This request will need a variance to subdivision 33, Mr. Waibel recommended that Ms. Jacques prepare a preliminary plat. Mr. Waibel indicated that a variance from subdivision ordinance 33 would be needed because no new subdivision shall be permitted to front onto any state, county or city highway. Lake Lucy Road is in the Comprehensive Plan to be a collector street. Ms. Jacques indicated that there is no municipal water on Lake Lucy Road. The concensus of the Planning Commission is that they have no problems with this request. Mr. J. Thompson made a motion to hold a pulbic hearing for the purpose to rezone the property from R-lA to R-1 and to subdivide the property. Second by Mr. Noziska. All in favor. Carried. Sketch Plan Review, 3 Residential Lots, Lake Riley Blvd., Robert Rogers: Mr. Waibel explained that this request is for 3 lots owned by Mr. Rogers with 2 sewer assessments along with the NEly most 11,220 square -feet of the property.so described in the Book of Deeds 64, Page 179, Carver County to be replated into 3 buildable lots. Mr. Waibel indicated that according to the the lots on Lake Riley have to be 20,000 square feet. Mr. M Thompson asked what size the existing lots in the area are. Bob stated that the existing lots are a lot smaller because they were platted a long time ago. Page 10 Planning Commission Minutes Near Mountain Near Mountain, Final Plat: Mr. Waibel read the Planning Report to the Planning Comm- ission. Mr. Waibel recommended approval of the Final Plans provided that the City Engineer approves of the Plan. Mr. M. Thompson asked about the access onto Pleasant View Road. It was indicated that at one time there was a problem with the access but has been cleared up now. The road has been made so that traffic can only turn to go to 101 to keep traffic off the major portion of Pleasant View Road. Mr. W. Thompson made a motion to recommend to the City Council approval of Final Development Plan (Exhibit A, 4-22-81) of Near Mountain with the exceptions of City Planner and the City Engineer in the Planning Report dated 4-21-81. Second by Mr. M. Thompson. 6 - ayes, Mr..M. Thompson opposed. Mr. M. Thompson stated that he has never been in favor of this project. Minnewashta Creek 2nd Addition, Beach Lot Dock Request: Mr. Waibel submitted the planning report to the Planning Commission. Mr. Mertz explained that there is an outstaning conditional use permit on this property stating that there be no docks be permitted. The conditional Use that is on this property was passed by the City Council July 1979 and no docks were permitted then. Mr. Terry Thompson, one of the applicants, stated that they just wanted to get a dock because the outlot is really small. Mr. J. Thompson stated that with the Conditional Use Permit that is on the land already the applicants chances are very nill that they would get their request. Mr. Partridge indicated that the request is for a 50' x 20' dock with 8 slots. there are 36 lots in the Minnewashta Creek 2nd Addition and 6 are duplex lots. Policy -for Ritters Plat is guide used for this Plat. Ms. Watson indicated that if they were permitted the dock they couldn't keep their boats there over night because that is another condition that there be no overnight docking of boats. Page 11 Planning Commission Minutes Minnewashta Heights 2nd Mr. Conrad indicated that the feelings of the Planning Commission were negative but if the applicants still want to apply for a public hearing they can, but the Planning Commission feel they should go by. Mr. Mertz indicated that the outlot is to be used for swimming and picnicing. Mr. Noziska made a motion to schedule a public hearing for a dock in Minnewashta Heights 2nd Addition-. Second by Ms. Watson. All in favor. Meeting was ajourned at 12:40 a.m. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM DATE: April 27, 1981 TO: City Treasurer, Kay Klingelhutz /f FROM: Bob Waibel, City Planner=` SUBJECT: Escrow for Dock Permit for Minnewashta Creek 2nd Addition, Home Owners Association The applicants have informed me that they which to. discontinue their request and as such the balance of their escrow account may be remitted. I suggest that you either contact Craig regarding any billing against the account or wait until Craigs billing for April is received. The refund may be remitted to the Minnewashta Creek Home Owners Association in care of Mr. Ronald R. Carlson, 3840 Linden Circle, Excelsior, MN 55331. cc: P-499 ROMARCO DEVELOPMENT, INC. 3295 HILLSBORO AVE. SO. - MINNEAPOLIS, MINNESOTA 55426 - (612) 920.3110 City of Chanhassan AAxil 6, 1981 7610 Laredo Dr. Chianhassan, Minn. 55317 Attn: Bob Waibel Dear Bob, During a recent conversation, we discussed our intention of using the zero lot line concept for the doubles. We intend to build on the R-2 zoned lots in the Minnewa.shta Creek Second Addition. As per your instructions, I am enclosing a copy of the proposed supplement to the convanants that would address this question. You indicated there was a possibility that this charge could be made administratively. We are hopeful that this is possible and ask that you respond to this request at your earliest convenience. The lots that would make use of the zero lot line concept are numbers, 15, 16, 17, 27, 28. If you need any additional information, please contact me. job very truely ert Ri er RJR/sk Y1Ll.A _,ie,era_ yr CITY* -)OF ONA-HEASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: April 21, 1981 TO: Planning Commission & Staff FROM: Bob Waibel, City Planner SUBJECT: Minnewashta Creek 2nd Addition Beach lot dock request PLANNING CASE: P-499 As stated in the memorandum dated April 17, 1981, the subject request does not conform with Section 5.07 of the proposed Waters & Shoreline Ordinance in that no seasonal or permanent docks are permitted on recreational outlots having less than 1001 of'continuous shoreline. Furthermore, the subject beachlot falls approximately 28' short of the requirement to 'have at least 2 linear feet of shoreline on a beachlot be provided for every residence said lot is proposed to serve. Since there are no launching facilities on the beachlot, this would imply that additional pressure would be placed on public accesses in order. for the association to comply with the proposed ordinance provision that no overnight storage, popring, or docking of boats or seaplanes as prohibited upon or adjacent to recreational lots. Although the Waters & Shoreline Ordinance is only proposed at this time, since considerable research and effort has gone into this document, this office would be hard pressed to recommend approval of the construction of a dock on the subject property. The Planning Commission at this time should ask the applicant if, in light of the above comments, and the attendant costs in proceeding to a public hearing stage, whether or not they desire to have a public hearing. RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 April 16, 1981 Re: Minnewashta Creek Second Addition TELEPHONE (612) 335-9565 I have received the copy of Bob Ritter's letter of April 6, 1981 which you forwarded to me. During the development review process for this plat, Lots 15, 16, 17,27,28 and 29 in Block 1, were approved for "two- family dwelling" purposes. Mr. Ritter indicates in his letter that his company proposed to make use of Lots 15,16,17, 27 and 28 according to "the zero lot line concept". By this he apparently means that each of these lots would be subdivided into two lots which then allow the double bungalows to be sold as townhouses, rather than as duplexes. This request should be viewed as a subdivision petition. Thus, the formal platting procedures set forth in Ordinance 33 should be followed. I do not believe that City staff has the authority to administratively approve such a subdivision. When multiple dwellings are constructed under either a townhouse or a condominium format, the developer should establish a mechanism to provide for the exterior maintenance of the structure, including a method to compel necessary repairs and a mechanism to resolve disputes. Mr. Ritter has provided you with a copy of the proposed supplement to the declaration of covenants, conditions and restrictions for Minnewashta Creek Second Addition. The issue of exterior maintenance is briefly dealt with in Section 9 of the First Supplement. In addition to the changes proposed by Romarco, I believe that the homeowners association should be authorized to compel exterior repairs and levy assessments for exterior repair,should the individual owners fail to take action. In addition, I believe that the architectural control committee should be required to review and approve all exterior renovations including the choice of paint colors. Very truly yours, �/� r O 3fly7?!n 0 cA �� CRAIG M. MERTZ v� Assistant Chanhessen City Attorney c-�+ 1861 CMM: ner r., cc: Romar��� e loFRV,% ft, Inc. P LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 .TELEPHONE CRAIG M. MERTZ (612) 335-OB65 Or COUNSCL HARVEY E.SKAAR February 11, 1981 MARK C. MCCULLOUGH Mr. Larry Bell Knutson Mortgage 17 Washington Ave N Minneapolis MN 55401 Re: Minnewashta Creek 2nd Addition Dear Mr. Bell: In response to your recent inquiry concerning the legal status of the streets within the above -named subdivision, please be advised that on January 19, 1981, the Chanhassen City Council voted to accept the streets and utility work in that subdivision, contingent upon the developer filing a letter of credit running in favor of the City of Chanhassen. The letter of credit was to be in the amount of $5,000.00 and is to expire on January 19, 1982. The developer has filed the necessary letter of credit, thus removing the contingency imposed by the City Council. Very truly yours, , CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc: Bob Waibel w ,offw� ^ RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MEHTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 February 6, 1981 Bob Waibel Assistant Chanhassen City Manager Box 147 Chanhassen MN 55317 Re: Minnewashta Creek 2nd Addition Dear Bob: TELEPHONE (612) 335-9565 On January 19, 1981 the City Council voted to accept the streets and utility work in Minnewashta Creek 2nd Addition contingent upon a developer filing a letter of credit running in favor of the City. The letter of credit was to be in the amount of $5,000. 0 with an expiration date of January 19, 1982. Enclosed you will find the original copy of First Bank St. Paul's letter of credit #14919 dated January 19, 1981. I find the form of this letter of credit to be acceptable for City purposes. Please place the letter of credit in the City vault for safekeeping. T suggest that you place a follow-up in your file fo ecember 1981. At that time an inspection of the street and uti ity .work should be made. Specific attention should be paid to the westerly cul-de-sac alluded to Jim Orr's letter of December 19, 1980. Very truly yours, -7/?_ CRAIG M. MERTZ Assistant Chanhassen.City Attorney CMM:ner enc cc: Bob Ritter, Romarco Ann Wagner, First Bank St. Paul First Banlk 'x3 Saintw`a'l ,y The First National Bank Wholesale Banking Group -Division M of Saint Paul Commercial Real Estate 332 Minnesota Street and Nome Loans Saint Paul, Minnesota 55101 IRREVOCABLE LETTER OF CREDIT NO: 14919 To: The City of Chanhassen DATE: January 19, 1981 P.O. Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby establish our irrevocable letter of credit in your favor§br the account of Romarco Development, Inc. in an amount no greater than Five Thousand and no/100 United States Dollars.($5, 000. 00) U. S. Only one draft may be drawn under this .letter of credit. This draft must: 1. Be signed by the addressee hereof; 2. Be in an amount as set forth in the affidavit identified in Paragraph 5 (b) hereof which amount shall not exceed $5, 000. 00; 3. Bear on its face the clause "Drawn under Letter of Credit No. 14919, dated January 19, 1981;" 4. Be presented for payment at our Collection Department, 332 Minnesota Street, Saint Paul, Minnesota 55101, no later than 2:00 p.m. Saint Paul time on January 19, 1982, after which time this Letter of Credit will be null and void; 5. B.e accompanied by: (a) This Letter of Credit; and (b) A notarized statement executed by your City Manager or Mayor of Chanhassen stating that Romarco Development, Inc. has failed to perform as required by that certain development contract dated April 12, 1979 by and between Romarco Develop- ment, Inc. and The City of Chanhassen. Such statement shall set forth the amount required to cure the default in performance by Romarco Development, Inc. Member First Bank System ., Page No. 2 The First National Sank of Saint Paul Date 1-19-8 To Romarco Development, Inc. This credit is subject to and will be governed by the law's of the State of Minnesota and the United States. We hereby agree the draft drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon presentation. We are not to be called upon to resolve issues of law or fact between Romarco Development, Inc. and The City of Chanhassen. THE FIRST NATIONAL BANK OF SAINT PAUL By �' I.AI2:iON & MI:'72T% ATTORNEYS AT LAW 1900 FIRST BANK PLACE WI -St RUSS[LL H. MINNEAPOLIS, MINNESOTA 55402 C AAIG M. MfRTZ RT2 or COUNSEL HARVEY E.SKAAR January 21, 1981 MARK C. MCCULLOUGH Mr. Bob Ritter c/o Romarco Development, Inc. 3295 Hillsboro Ave S Minneapolis MN 55426 Re: Minnewashta Creek Second Addition Dear Mr. Ritter: TELEPHONE (6121 335-9565 In your letter of January 6, 1981,.,you formally requested that the City of Chanhassen accept the utility and street work in the above named subdivision. On January 19, 1981, the City Council voted to accept the streets and utility work contingent upon the filing of a letter ofcredit running in favor of the City. The letter of credit is to be in the amount of $5,000.00 and is to expire on January 19, 1982. Please advise your bank to forward the necessary letter of credit directly to me. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc:%- �o Waibel, Chanhassen Assistant City Manager Ann Wagner, First National Bank of St. Paul 0 1981 . y. IzECEIVED VILLAGE OF% 7' CHANHASs�+ MINNo A' V w0-65• ; e N-b Ju CITY OF 'ae- CHANBASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 DATE: January 15, 1981 T0: City Manager, Don Ashworth Action LY uounu" pate FROM: Land Use Coordinator, Bob Waibel V.,j .--e. § 0-1 SUBJ: Improvements Acceptance for Minnewashta Creek 2nd Addition PLANNING CASE: P-499 With reference to the attached, there are three considerations to be made which are: 1. conditional or unconditional acceptance of the improve- ments on the subject property, 2. establishment of a surety amount for the one-year guarantee provisions of the development contract, and 3. establishing the period of time for which the said sureties are to.remain in effect. In his letter of December 19, 1980, Jim Orr has indicated that the work has been satisfactorily completed with the exception of a small potential problem at the end of the westerly mast cul-de-sac. In a phone conversation with Jim Orr, he indicated that the recommendation for acceptance of said improvements is implicit in the December 19, 1980, letter. Additionally, in this letter, he recommended that "$5,000 should be posted to ensure any modifications (to said cul- de-sac) should they be advised in the spring of 1981." As to the amount of the surety of the one-year guarantee of the project, you will note in the December 31, 1980, letter from Craig Mertz that the $5,000 figure for the cul-de-sac modifications can additionally suffice for the project guarantee. Pursuant to Section 14 of the development contract for Minnewashta Creek 2nd Addition, the guarantee is to start one year after the acceptance of the project by the City and thus would extend considerably beyond the July 1, 1981, date mentioned in Mr. Ritter's letter of December 17, 1980. This office concurs with the recazdation of the city engineer. ROMARCO DEVELOPMENT, INC. 3295 HILLSBORO AVE. SO. - MINNEAPOLIS, MINNESOTA 55426 - (612) 542-1100 January 6, 1981 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: Bob Waibel Gentlemen, Please consider this letter as our request for the City of Chanhassen to accept the utility and street work in the Minnewashta Creek Second Addition. We would like to have the first available spot on the City Council scheduled for this action. Please notify me at your earliest convience of the scheduling of this matter. cc: Craig Mertz - Larsen & Mertz Don Ashworth - City of Chanhassen RJR/jyc Fober Very Tr t J. Ri ter President J AN 1981� RECEIVED" VILLAGE OF, YiHANHASSENr ��r. MINN. _�1, Oyu LARS01-ST & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OF COUNSEL December 31, 1980 r'�'IN,1234s HARVEY E. SKAAR & MARK C. MCCULLOUGH DEC 1981 Lo Bob waibel cL'C-, RECEIVED Land Use Coordinator c VILLAGE OF f� BOX 147 CHANHASSEN, v Chanhassen MN 55317 4c������r?S�MINNLIg�'���~ Re: Minnewashta Creek Second Addition Romarco Development, Inc. Dear Bob: I have received your memorandum dated December 29, 1980, concerning the one-year guarantee of the improvements installed in Minnewashta Creek Second Addition. The development contract as signed by the parties does not provide for any reduction in the performance bond nor letter of credit below the initial $219,374.98 amount, prior to expiration of the one-year guarantee. On two prior occasions the City Council has required the filing of a letter of credit which was to remain in force until the expiration of the one-year guarantee. In the case of Hesse Farm Second Addition, the City Council required a $4,000.00 letter of credit. $4,000.00 was approximately 3.80 of the total project cost. In the case of Chaparral, First, Second and Third Additions, the City Council required a letter of credit for the guarantee period in an amount of 33% of the project cost. The letter of credit proposed by Romarco in the amount of $5,000.00 constitutes approximately 2.20 of the total project cost for Minnewashta Creek Second Addition. My letter of October 27, 1980, recommends that Romarco file a letter of credit in the amount of $20,000.00 for the duration of the one-year guarantee. Since that date, I have talked to Mr. Orr, and he advises me that his office is comfortable with a $5,000.00 figure, inasmuch as the public improvements in Minnewashta Creek Second Addition have been substantially completed for some period of time. Very truly yours, ("-IL I 711 CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner I.ARSoN & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL December 31, 1980 HARVEY E.SKAAR MARK C. MCCULLOUGH Ms. Ann Wagner First National Bank 332 Minnesota Street St. Paul MN Dear Ms. Wagner: of St. Paul TELEPHONE (612) 335-9565 This office represents the City of Chanhassen. I am writing to you at the request of Bob Ritter, one of the principals'in Romarco Development, Inc. On April 12, 1979, Romarco Development, Inc. signed a contract with the City of Chanhassen entitled "City of Chanhassen, Minnewashta Creek Second Addition, Development Contract". In that contract Romarco, among other things, promised to construct certain street and public utilities in accordance with plans approved by the City Engineer. The contract also provides that work performed by Romarco which is found to be defective within one year after acceptance of the work by the City, shall be replaced by Romarco at Romarco's expense. As a condition to City Council acceptance of the streets and utilities in Minnewashta Creek Second Addition, city staff is recommending that the developer file a letter of credit in the amount of $5,000.00 to secure the above -described one-year guarantee, and to secure all of the developer's other obligations under the development contract. For your reference I enclose a draft of a proposed letter of credit which this office finds acceptable. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen'City Attorney CMM:ner enc cc: Bob Waibel Romarco Development, Inc. City of Chanhassen Box 147 Chanhassen MN 55317 Re: Minnewashta Creek Second Addition Romarco Development, Inc. IRREVOCABLE LETTER OF CREDIT NO. To Whom It May Concern: We hereby authorize you, by the signature of your City Manager or Mayor, to draw on the Bank of for the account of Romarco Development, Inc. to the aggregate amount of Dollars ($ ), available by your draft at sight. All drafts drawn must be marked "Drawn under Letter of Credit No. The draft must be presented to the Bank of no later than p.m. on 19 , after which time the Letter of Credit shall expire. When the draft is presented, it must be accompanied by this Letter of Credit. The draft must bear upon its face the clause "Drawn under Letter of Credit No. dated on the Bank of This Letter of Credit is given to secure performance by Romarco Development, Inc. of its obligations under the certain development contract with the City of Chanhassen executed by Romarco Development, Inc. on April 12, 1979. We hereby agree with the drawer, endorser and bona fide holder of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts shall be duly honored on due presen- tation to the drawee. Very truly yours, CITY DF OBASHASSEN 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 DATE: December 29, 1980 TO: Assistant City Attorney, Craig Mertz FROM: Land Use Coordinator, Bob Waibel SUBJ: Minnewashta Creek 2nd Addition PLANNING CASE: P-499 As can be seen in Jim Orr's letter of December 19, 1980, we are nearing acceptance of the public improvements on the subject addition. Before this acceptance occurs, I would like to verify with you whether or not Section 9 and 14 of the Development'Contract imply that a surety must be held by the City to assure that the one-year guarantee of improve- ments installed is maintained. Although I feel that such a surety would be appropriate in an amount fractional of the total project cost, I do not recall such as being past practice by Chanhassen. I would appreciate a clarification on this at your earliest possible con- venience. BW:nr cc: Don Ashworth Jim Orr . 4 L+ {( O 4i 0 l fI �t w such work or materials which may be done or furnished by the Applicants without such written order first being given shall be at their own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants 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 Applicants 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 Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this -agreement, Applicants agree to furnish to the City either a cash deposit, a corporate surety bond approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit approved by the City in the following amount, which is equal to 110 percent of the total cost of the improvements as estimated by Schoell & Madson, Inc., the City Engineers, as follows: Total Estimated Cost: $1 qq, A131�4U.^ Escrow Deposit - 110%: $,f i g 10. Boulevards and Driveways. The Applicants agree to furnish, construct and install, at Applicants" sole expense, the following improvements for the benefit of each lot within the plat: a. Boulevard sod, which shall be of uniformly good quality. b. Driveway surfacing within the public street right- of-way, the materials and installation of which shall be approved by the City Engineers. For the purpose of assuring tb the City that the improvements required by this Paragraph 10 shall be constructed and installed according to the requirements of this agreement, Applicants, or their assigns, agree to deposit the sum of $ _ {O® per lot with the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Applicants or their assigns upon approval of the installations by the City. 11. Erosion Control.. Applicants, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judg- ment of the City Engineers, to prevent the washing, flooding, sedi- mentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants, their agents or assignees upon the lands described in Exhibit A hereto. 12. Access. Reasonable access, including temporary grading and graveling, shall be provided to all occupied residences -4- in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed by the City 41-Y months after the completion of installation of the street lighting system, or after ,5p of the building lots have been improved by the construction of residences thereon, whichever is first to occur. . 14. Replacement of Defective Work. All work and materials performed and furnished hereunder by the Applicants, their agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insurance. The Applicants shall take out and maintain, so long as the Applicants' obligations under Paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' 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 Appli- cants shall file a copy of the insurance coverage with the City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements. Upon completion of the installation by Applicants of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. -5- .ram. �:.-:. _..: - �, _-•--•,---�...�-. - -._ __ __ ._... CITY --OF CHANHASSEN 4 7610 LAREDO DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 December 22, 1980 Romarco Development, Inc. Attn: Mr. Robert J. Ritter 3295 Hillsboro Ave. So. Minneapolis, MN 55426 Dear Mr. Ritter: I am in receipt of your letter of December 17, 1980, in regards to finalizing Minnewashta Creek 2nd Addition. Please be apprised of the. following: 1). Letter of Credit:. This letter and your letter will be forwarded to the City Attorney's office.. Mr. Craig Mertz, Assistant City Attorney, carries out the review of all letters of credit and can respond to any questions from yourself or the First'National Bank of St. Paul in regards to wordage, etc. 2). Acceptance of Public Improvements: It is City policy to have the City's engineer, Mr. Jim Orr, notify the City that work has been completed, inspected, and recommended for acceptance. When this type of letter is received from the engineer, this office will place this item on the next following City Council agenda. Council meetings are the first and third Mondays of each month and Mr. Orr's letter must -be received one week in advance of the meeting. As you will note, I am forwarding this letter and.your letter to Mr -..,',Orr. Similar to No 1, above, I would suggest that you contact Mr. Orr in regards to whether any items remain to be completed for him --to make the recommendation as required under City policy. Should you have any questions, please feel free to contact me. Sincere _,� Don Ashworth City Manager cc: Mr. Craig Mertz, Assistant City Attorney Mr.. Jim Orr, City Engineer WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON JACK E. GILL THEODORE D. KEMNA JOHN W. EMOND KENNETH E. ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI GERALD L. BACKMAN SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 December 19, 1980 City of Chanhassen c/o Mr. Bob Waibel, L.U.C. P. 0. Box 147 Chanhassen, Minnesota 55317 Subject: Minnewashta Creek Addition Gentlemen: With reference to the above named project, we herein wish to advise you that all work has been satisfactorily completed except for one item to be described as follows: The most westerly cul-de-sac (no street names) was to have drainage run in a westerly direction and discharge off the end of the cul-de-sac. The developer (or his contractor/engineer) with- out advising us or any city representative, adjusted the plan grade of the curb and gutter. This required directing the drainage across the cul-de-sac rather than around the cul-de-sac via the gutter. The work was completed before we were advised of the change. After discussion and on -site review with Jerry Schlenk, we recommend that the condition be observed over the current winter in order to determine if any icing problems adversely affect maintenance. During this period, a letter of credit in the amount of $5,000.00 should be posted to insure any modifications should they be advised in the spring of 1981. Please advise as to questions. Very truly yours, SCHOELL & MADSON, INC. JROrr:mkr cc: Mr. Jerry Schlenk DEC 1989 ` n9covMD VILLAGE OF C HAN14ASSE N► ; MINN, a L9 , ROMARCO DEVELOPMENT, INC. 3295 HILLSBORO AVE. SO. - MINNEAPOLIS, MINNESOTA 55426 - (612) 9254.2-1100 December 17, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attns City Manager Gentlemen, I have been informed by Mr. Jim Orr the City Engineer that the Engineering Department has given its final approval to the Minnewashta Creek Second Addition. We have agreed to provide a $5,000.00 letter of credit to cover any problems with the Linden Circle Cul De Sac, We understand the letter of credit will run until July 1, 1981. We are in the process of having the letter of credit drawn up by The First National Bank of St. Paul but will need a letter from you stating exactly how the letter of credit is to read. Further we would like to be advised when the matter will be heard by the City Council for the approval of the subdivision. If there are any questions or problems regarding this request please contact me at your earliest convenience. Please advise on the requested information as soon as possible. RJR/jyc Yours Very Truly, U Ro rt J. Ritter .� j a DEC19$0i RE EIVED ; vILL.A426 CH r3 CHANHASSEN► �1� MINN. /� Minutes of the 12-17-80 Planning Commission Meeting Page 5 (5) lakeu,Susan,South: Mr. Waibel described the Lake Susan South Development plan and noted it had received preliminary development plan approval by both the Planning Commission and City Council. Ho e recmmended it be maintained on the annual review list fora 1981 review. ChainTerx. Horn felt the status of the alignment of Highway 101 should be noted as it related to the development. The.ecsmuission generally agreed with staff Is recommendation and that Highway 101 should be maintained as. a "watch" item. (6) Lake..Susan�West: Mr. Waibel described the development and said it had received final. development approval for the first phase by the Planning Commission. The City Council had not yet given their approval because there was a discrepancy as. -to ghat plans should be reviewed in lieu of the Planning Commission's reservations on that rultiple phase area and because there were so many conditions set on approval `a of the plan. He recarmended the district be maintained on the annual review list at this time. The Cormission generally agreed with staff s recawnendation . (7) Lotus- Lake :-Estates..lst,.,2nd, -and 3rd Additions: fir. Waibel explained the development and its status and reccamended remaval of the 1st Addition from the annual review list, because public irrproverrents on the addition were completed with 70 percent of the home construction complete. The 2nd and 3rd Additions should be maintained under active review status. The Cormissin felt the entire development should be retained under annual review until the public improvements had all been completed. Chairman Horn said he felt this should be done for every development. (8) Lyman Lumber'- Park I: Mr. Waibel described the developnnent, noted the status and recommended that both be maintained on the annual review list. Discussion occurred on the financial involvements of Park I. The Commission generally agreed with staffs reccm-nendation. (9) Mi_nneueshta Creek 2nd Addition;) Mr. Waibel explained the development and its status notinq it included an outlot with a conditional =: use permit. He said the public improvements had been completed and approximately 15 percent of the homes were complete. lair. Waihel recommended the district be removed from,ithe annual review list. The Co -ni_ssion generally agreed with staff's recomrendation. (10) M.T.S.: � M.- Waibel described the development and said any construction start was indeterminable at that time. He reccmrended _ thatany.facilities construction proposals be forwarded to the Planning Commission for m full site plan review and that the district be maintained on the annual review list. Mr. Hamilton moved the Commission ask the City Council to direct them to hold a public hearing to initiate a down - zoning of the subject property due to the lack of action on the site by the developer. Mr. Partridge seconded. All voted aye. Motion carried. HIV N Minnesota P 'Hution Control Agency Mr. Bruce Kelley Clark Engineering Company 2815 Wayzata Boulevard Minneapolis, Minnesota 55405 Re: tiinnewashta Creek 2nd Addition Chanhassen.. 'Minnesota Dear lMr. Kelley: . OCT 31 '.980 On June 8, 1979 we received the plans.for the sanitary sewer construction for the City of Chanhassen. On November 5, 1979 and April 10, 1980, we requested that you contact the.".IetropolitCommissionn Waste Control Commission and/or submit a copy of the sanitary sewer permit application form for the City of Chanhassen's Mlinnewashta Creek 2nd Addition with a site location plan for their review and approval. At this time, we understand the Commission has yet to be contacted. We cannot process the plans at this time until we receive a letter from the Metropolitan Waste Control Commission ('.VECC) indicating that they find the referenced project in accord with your comprehensive sewer plan and consistent with the Metropolitan Urban Service Area as defined by the TIetropol- itan Council. Upon receipt of the MWCC's letter we will proceed with further processing of your sanitary sewer extension requests. No server construction for the referenced project may be undertaken until you are in receipt of the required permits issued by this Agency and as defined by Law under Minnesota State Statute Chapter 115.07, Subdivision 3. Phone: 296--7246 -- 1935 Wes: County, Road 02, RosevHir-, i+linnesota 555113 Re.'g.:o'.ai Oi{ies D,j!i:,,h,!Era; eicl,r'DE.tro.t LFakes.''!'. ar--.%t'lochester 1234$� Nov 1980 RECEIVED ww►GR or CNAMASBUN, MINK. Equal Clpaorlun::y Emp;;;ye; 11r. Bruce Kelley Page Two OCT 3 1 1980 If you have any questions concerning this matter, you may contact me at (612) 296-7246. Sincerely, f �L Myrna M. Halbach Facilities Section Division of Water Quality MyMH : j m cc: Metropolitan Waste Control Commission, c/o Ray Odde \Y. Donald Asworth, City Manager CITY aF CHANHASSEN 7610 LAREDO DRIVE • P.0 BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Memorandum DATE: October 20, 1980 TO: City Manager, Don Ashworth City Attorney, Russ Larson City Engineer, Jim Orr FROM: Land Use Coordinator, Bob Waibel SUBJ: Public Improvement Corr truction Status, Minnewashta Creek 2nd Addition PLANNING CASE: P-499 In a phone conversation this morning with Mr. Bob Ritter on the subject development, I was asked what yet needed to be taken care of for final acceptance. I had told him that the first thing needed would be a letter from the City Engineer's office that would verify that the installation of improvements had been completed, and that such gill be thebasis for any Council action accepting the project.. Additionally, I had told him that I was awaiting recommendations from other staff members on the form of surety we would require for the one-year guarantee period after of improvements and also the amount of said surety. In order that Mr. Ritter's questions can be answered expeditiously I need: 1. An improvements construction status report with an estimated date of Council acceptance, and 2. A recommendation on the form and amount of the guaranteed surety we will be requesting from Mr. Ritter. BW : nxc cc: Bob Ritter CLARK ENGINEERING COMPANY . 2815 WAYZATA BLVD. ❑ MINNE. PANDELI M. CICI FRANK G. FRANKOSKY, JR. President Director CHARLES E. HANSEN BRUCE R. KELLEY Vice President Associate LARRY G. McMURTRY LESLIE G. RENSCHLER Vice President Associate DAVID N. McENARY KENROY K. JANZEN Secretary/Treasurer Associate October 10, 1980 The Honorable Mayor and Members of the City Council City of Chanhassen 6710 Laredo Drive Chanhassen, MN 55317 Re: Minnewashta Creek Second Addition )LIS, MN 55405 ❑ (612) 374-474C ,,.,,a,e a, .- ✓, , This letter is to certify that the construction work on the referenced subdivision has been completed in substantial conformance with the approved plans and specifications for water mains, sanitary sewers, site grading, drainage structures, gravel base, bituminous surface and concrete curb. On behalf of the owner, we are requesting approval and acceptance of these improvements by the City. Very truly yours, Bruce R. Kelley 0 90A, 0ir BRK/kd cc: Schoell & Madson Bob Ritter CONSULTING ENGINEERS STRUCTURAL • CIVIL LAND SURVEYING 400 SIBLEY ❑ ST. PAU L, MN 55101 (612) 291-7000 rJ C= � RECEIVED VIL.Ai3E CF CHANHASSEN, �l� MINN. 310 SOUTH LINCOLN STREET ❑ ABERDEEN, SD 57401 (605) 225-3494 1 f' �J CITY OF 7610 LAREDO DRIVE®P.O BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 September 12, 1980 Ms. Phyllis Bement Mortgage Loan Officer %Knutson Mortgage and Financial Corporation 5901 Brooklyn Boulevard, Suite 203 Brooklyn Center, Minnesota 55429 Dear Ms. Bement: In response to your letter of September 5, 1980, on Minnewashta Creek 2nd Addition, I have theufollowing: [• T3 A field check of Minnewashta`Creek 2nd Addition by. myself on September 9, 1980, revealed that,, apparently all the improve- ments had been installed per the -Development Contract re- quirements with the exception of.boulevard sodding and street signage. The City Engineer has been notified by this office of the apparent completion of the improvements at the subject. development and has requested a determination of acceptability which has, as of yet, not been received. As a part of this action, the developer will be required to post a performance surety to guarantee the workmanship of the improvements for one year after date of acceptance. Since the improvements installation at the subject development were not a public im- provement project,'I do not have costs for the installation of water main; -sanitary sewer, and ,storm sewer as requested in your letter.,AIt is assumed that these costs are incorporated into the.purchase price of. the Lots:.=�1..e Should you have--any,questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel Land Use Coordinator BW:nr �i LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ TELEPHONE September 11, 1980 (612) 335-956S OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH Donald W. Ashworth Bob Waibel Box 14 7 .�,';I�► A, Chanhassen MN 55317 � �" SEA' 1980 t cO RECEIVED Re: Minnewashta Creek 2nd Addition 1IP INAaMASsM Performance Sureties Gentlemen: 1 I�ll�;tic:2 ..- I have received a copy of Mr. Waibel's memorandum to Mr. Ashworth concerning performance sureties. My comments are as follows: 1. Mr. Waibel is correct in his interpretation when he states that the performance bond can only be utilized for purposes of guaranteeing completion of the work items set forth in paragraph 1 of the development contract. 2. I agree with Mr. Ashworth that this constitutes a loophole which should be eliminated in future contracts. 3. The loophole was eliminated in contracts prepared subsequent to the preparation of the Minnewashta 2nd Addition Development Contract. The development contracts for Lyman Lumber, Chaparral, Lotus Lake Estatesand Colonial Grove Second Addition provide that the performance bond guarantees compliance with all terms and provisions of the development contract. 4. The special assessment recourse outlined in section 19 of the development contract permits the City to impose a lien on the unsold lots still owned by the developer. Thus, legal action by the City to enforce section 19 would not necessarily result in assessments against new owners. The enforcement action could be limited to foreclosing on the lots remaining in the developer's hands. This, of course, presumes that the City would take enforcement action prior to the sale of the last lots. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ -- September 11, 1980 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Donald W. Ashworth Bob Waibel Box 147 Chanhassen MN 55317 Re: Minnewashta Creek 2nd Addition Performance Sure ies Gentlemen: 7d� TELEPHONE (Si2) 335-9565 SEP 1980 RECEIVED �' t 1I.►,,gC,E ;CH.glKyggg�� ��� I have received a copy of Mr. Waibel's memorandum to Mr. Ashworth concerning performance sureties. My comments are as follows: 1. Mr. Waibel is correct in his interpretation when he states that the performance bond can only be utilized for purposes of guaranteeing completion of the work items set forth in paragraph 1 of the development contract. 2_ I agree with Mr. Ashworth that this constitutes a loophole which should be eliminated in future contracts. 3. The loophole was eliminated in contracts prepared subsequent to the preparation of the Minnewashta 2nd Addition Development Contract. The development contracts for Lyman Lumber, Chaparral, Lotus Lake Estatesand Colonial Grove Second Addition provide that the performance bond guarantees compliance with all terms and provisions of the development contract. 4. The special assessment recourse outlined in section 19 of the development contract permits the City to impose a lien on the unsold lots still owned by the developer. Thus, legal action by the City to enforce section 19 would not necessarily result in assessments against new owners. The enforcement action could be limited to foreclosing on the lots remaining in the developer's hands. This, of course, presumes that the City would take enforcement action prior to the sale of the last lots. Very truly yours, QIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager fib 11 ri f FROM: Bob Waibel, Land Use Coordinator DATE: September 4, 1980 +L,,1� �,�,,- `� ��I,OjQP SUBJ: Minnewashta Creek 2nd Addition Performance Sure iesJs PLANNIM CASE P,499 S�`` r"kill 19, In response to your tnquIry about the coverages of the escrow estimates and performance sureties for the subject project, Gv I have the following: The estimates for the escrow account were based upon the premise of the amount of engineering and legal revi'eW work that might be needed on a worst case situation. As such, they only re- ferred to the estimated maximum involvement by Jim Orr, Craig and/'or Russ. As you know, this office has requested that Mr. Ritter replace the Performance Bond with a Letter of Credit to assure satis- faction of the requirements of the Development Contract where applicable. According to the Development Contract, the performance surety is to assure the proper construction of: a) street grading, stabilizing and bituminous surfacing; b) surmountable concrete curbs and gutters; c) sanitary sewer main; d) water may~ns; e) storm and surface water drain -age; f) street signs; g) boulevard sodding h) driveway surfal-ing; i) underground utility lines; and j) street lighting. As such, boulevard trees and the cost of street light energy is not covered under the performance surety portion of the Development Contract. However, as shown on the attached, Section 13 and Section 20d do establish requirements for street lighting, boulevard trees, respectively. Although the street lighting and the boulevard trees are not included under the performance sureties, Section 19 of the Development Contract does give the City special assess- ment recourse if any of the conditions of the Development Contract are not satisfied. BW:nr -C* Attachment p, PF in the plat until the streets are accepted by the City. 13. Street Lighting. The expense of furnishing electrical energy for street lighting purposes shall be assumed py the City 7 months after the completion of installation of the street lighting system, or after '�D°7o of the building lots have been improved by the construction of residences thereon, whichever is first to occur. 14. Replacement of Defective Work. All work and materials performed and furnished hereunder by the Applicants, their agents and subcontractors, found by the City to be defective.within one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insurance. The Applicants shall take out and maintain, so long as the Applicants' obligations under Paragraph. 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants` 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 accidents 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 Appli- cants shall.file a copy of the insurance coverage with the City. 16. Water and Sewer Revenues. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 17. Conveyance of Improvements. Upon completion of the installation by Applicants of the improvements set forth in Paragraph 1 hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall. convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. . . 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said plats upon payment of all fees and charges applicable to the issuance of permits. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. -5- 19. Remedies Upon Default. a. Assessments. In the event the Applicants shall default in the performance of any of the covenants and agreements herein con- tained, and such default shall not have been cured within ten (10) days after receipt by the Applicants 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. Chapter 429, in -which case the Applicants agree to pay the. entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption.. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants' real property within said plan for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency.. b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or to prevent use or occupancy of the proposed dwellings. 20. Special Conditions. a. Landscaping. Landscaping and location of structures on individual lots shall be determined through discussions between City staff and Applicants or their assigns prior to issuance of building permits, subject to the following standards and conditions: i. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation and similar potential problems. ii. In the event agreement cannot be reached between the City staff and Applicants or their assigns, the City shall have the right, at the expense of the Applicants or their assigns, to engage the services of the City Engineer,. Planner, a landscape architect, a soil conservation. con- sultant, and others, to advise as to specific problems_ W-10 CITY OF r t o 7610 LAREDO DRIVEOP.O. BOX 147ECHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: September 102 1980 TO: Don Ashworth, City Manager Russ Larson, City Attorney Jim Orr, City Engineer FROM: Bob Waibel, Land Use Coordinator SUBJ: Minnewashta Creek 2nd Addition Performance and Sureties PLANNING CASE: P-499 z:t As you recall, I have sent tb.e 'attached, dated August 29, 1980, to Mr. Bob Ritter requesting that an irrevocable letter of Credit in the amount of $2.19,374.98 be given to the city guaranteeing for one year the improvements installed at Minnewashta Creek 2nd Addition. Mr. Ritter, in a phone conver- sation today, had indicated to me that furnishing a letter of credit as such would be'beyond.his ability and requested that some other means of guarantee be -considered. I had indicated to Mr. Ritter that, as of late, the City has been establishing the policy that only letters of credit be accepted for ..development sureties. However, there may be ameliorating circumstances .ire his development in the fact that Cl) his development•,caiitract had been initiated prior to the adoption of this polity, - and (2)- that for guarantees of the quality of the improvements, .,it..;mlay not be necessary to withhold the total of the estimate& cost of installation of tfie ° improvements I't is my preliminary'feeling that a letter.. of'credit in a .per- centage of the total cost as recommended by the City Engineer for guarantee be accepter-d or that -a perfarniance bond -lean the City name as obligee be accepted if said performance bond is accompanied with a cash deposit that would assure payment of the City's legal costs in calling on said performance bond, if necessary. Additionally, Mr. Ritter had requested that the one year guarantee period be started as soon as possible. With regard to this, I will need a letter from the engineer's office regarding the acceptability of the improvements installed, and the City Council acceptance. BW: nr �• attachment S ^ Knutson Mortgage & Financial Corporation r, W4 5901 Brooklyn Blvd. Suite 203 Brooklyn Center, MN 55429 Office: (612) 535-3090 September 5, 1980 Mr. Bob Waibel Land Use Coordinator 7610 Laredo Drive Chanhassen, Minn. 55317 Dear Mr. Waibel: Knutson Mortgage holds a VA mortgage on the property at 3840 Linden Circle, Chanhassen. I am attaching a letter from the Veterans Admini- stration which requests information they require before they will guarantee the mortgage. If you are not able to provide me with the information that is requested, please refer me to the proper party. It is very important that we obtain the requested information immediately. Any assistance you can provide is appreciated. Thank you. Sincerely, ppp` Phyllis ment Mortgage Loan Officer be CITY OF C "" a, N H A 0 �l 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, Land Use Coordinator DATE: September 4, 1980 SUBJ: Minnewashta Creek 2nd Addition Performance Sureties PLANNrNG CASE P-499 In response to your inquiry about the coverages of the escrow estimates and performance sureties for the subject project, h have the following: The estimates for the escrow.account were based upon the premise of the amount of engtneeri'ng- and 1 egal review work that might be needed on a worst case situation. As such, they only re- ferred to the estimated maximum involvement by Jim Orr, Craig and/or Russ. As you know, this office has requested that Mr. Ritter replace tFie Performance Bond with a Letter of Credit to assure satis- faction of the requirements of the Development Contract where appiicable. According to the Development Contract, the performance surety is to assure the proper construction of: a) street gi^ading, stab.f.-Itzi,ng and bituminous surfacing; b) surmountable concrete curbs, -.-and - gutters; . c ) sani Lary, sewer main; d ) water mains; e) storm..and surface water drainage; f) street signs; g) boulevard',' sodding h)` driveway surfacing; ,:i4)`u-rrderground utility lines; -:and j) street lighting. As such,_ boulevard trees and the cost of street -light energy is not covered under the performance surety portion of the Development Contract. However, as shown on the attached, Section 13 and Section 20d do establish requirements for street lighting, boulevard trees, .respecti-yely. Although the street lighting and the boulevard trees are not included under the performance sureties, Section 19 of the Development Contract does give the City special assess- ment recourse if any of the conditions of the Development Contract are not sati-sfi ed. BW: nr '� g. #�' Attachment in the plat until the streets are accepted by the City... 13. Street Lighting. The expense of furnishing olectr%cal, energy for street lighting purposes shall be assumed Jy the City 2Y months after the completion of installation of the street lighting system, or after 50 of the building lots have been improved by the. construction of residences thereon, whichever is first, to occur.. 14. Replacement of Defective Work. All work and materials performed and furnished hereunder by the Applicants, their agents and subcontractors, found by the City to be defective within. one year after acceptance by the City, shall be replaced by Applicants at Applicants' sole expense. 15. Liability Insurance. The Applicants shall take out and maintain, so long as the Applicants' obligations under Paragraph 14 above continue, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants' 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 Appli- cants shall. file a copy of the insurance coverage with the City. 16. water and Sewer Revenues. All water and. sanitary seae3 service charges shall at all times be billed by the City and all revenues -derived therefrom shall be the sole property of. the City. 17. Conveyance of Improvements. Upon completion of the installation by Applicants of the improvements set forth in Paragraph hereof in accordance with the plans and specifications hereunder and the written approval by the City, the Applicants shall.. convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Applicants fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18. Building Permits. Upon completion of the grading and placement of rock stabilizing materials for road construction within. said plats, the City Building Inspector, upon the approval of the City Manager, shall be authorized to issue building permits for resi- dential construction within said Plats upon payment of all fees and. charges applicable to the issuance of permits_. The occupancy of any structure within said plats for residential purposes shall be prohibited by the City until municipal_ sanitary sewer and water lines shall have been installed and are available to serve the lot for which a building permit shall have been issued. =11 a 19. Remedies Upon Default. a. Assessments. In the event the. Applicants shall default in the performance of any of the covenants and agreements herein con- tained, and such default shall not have been cured within ten (10) days after receipt by the Applicants 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. Chapter 429, in which case the Applicants agree to pay the entire: amount of the assessment roll pertaining to any such improvement. within thirty (30) days after its adoption. Applicants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City- shall have a specific lien on all of Applicants' real property within said plan for - any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Performance Bond. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay or reimburse the City for the cost of making any of said improvements. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within development contract, to restrain or abate violations of the within development contract, or to prevent - use or occupancy of the proposed dwellings. 20. Special Conditions. a. Landscaping. Landscaping and location, of structures on individual lots shall be determined through discussions between City staff and Applicants or their assigns prior, to issuance of building permits, subject to the following standards and conditions_ i. Landscaping and location of structures shall take into consideration the preservation of trees, slope protection, subsurface drainage, prevention of siltation. and similar potential problems. ii. In the event agreement cannot be reached between the City staff and Applicants or their assigns, the City shall have the right, at the expense of the Applicants or their assigns, to engage the services of the City Engineer, Planner, a landscape architect, a soil conservation con- sultant, and others, to advise as to specific problems. CITY('--O-F 7610 LAREDO DRIVE&P.O. BOX 147604ANMAS!EN, MINNESOTA 55317 (612) 474-8885 August 29, 1980 Mr. Bob Ritter %Romarco Development, Inc. 3295 Hillsboro Avenue South Minneapolis, Minnesota. 55426 Dear Bob: I am in. receipt of your August 7, 1980, request for remittance of escrow monies for the Minnewashta Creek 2nd Addition beach. lot- As you can see from the attached statement, a separate beachlot account was not established and the Minnewashta Creek 2nd. Addition - account currently has a deficit of:1$543.64. I have checked with the firms of Schoell and Madson ah Larson and Mertz,. and they have estimated that their remaining charges to the, subject account are approximately $500 for engineerl g and $66 for legal services - Craig Mertz had indicated that, in all probability, his office is finished with the subject development, but has recommended that one hour's worth of work be provided for in anticipation of any possible problems.. In order to minimize the effort needed from bath the City and yourself, a deposit in -the amount of $1,109..64 should be made to the subject account.- -As you know, the Development Contract provides that the improvements installed shall be guaranteed for one year after completion of isntallation. In noting the fact that some residential development - has occurred within' the Minnewashta Creep 2nd Addition, it is apparent that they_ hardship; conditions . under which the original Performance Bond: was established are no longer. present.. With such being the case-r�-;'the.. City:i,at --this time -requests; that`-yolq-,: replace that. Performance Bond -'with an irrevocable letter .of creditor the same amount not to expire sooner- than one year after. approval and acceptance of the improvements by the:City Council_ Please respond to the aforestated escrow account and letter of credit matter at your earliest possible convenience_ If you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Wai.bel Land Use Coordinator BW:nr cc: Fi.le - P-499 Don Ashworth. Jim Orr Russell Larson CITY OF 7610 LAREDO DRIVEOP.O. BOX 147&CHANHASSEN,.MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Asst. Public Works Director, Jerry Schlenk FROM: City Tree Inspector, Doug Mitchell DATE: August 13, 1980, - ­ — SUBJ: Blvd. Planting, minnewashta Creek lst Addition As per the development contract for Minnewashta Creek First Addition, the developer is required to plant•,trees on the property corners facing the boulevards. Many species are suitable for boulevard plantings in this area. A Maple was suggested.by the Land Use Coordinator as the maple leaf is,the.`City`s symbol and since the City is named after the sugar map -le Listed below is a list of maples that .are generally suitable for street use. A specific selection should be based on such factors as; soil type, soil ph, micro -climate, desired mature size, sal t tolerance, planting obstructions, etc. Species Height Width Growth Rate Soil Comments Norway Maple 25-50' +25' Med. Moist, Well Yellow Fall Drained Color, Salt Tolerant Cleveland N. Maple 25-50' 15�25' Med. Moist:, Well One of the best Drained'--' Maples. Yellow Fall Color Emerald Queen 25-50' +251 Med. .Moist, Well Dark Green leave., Norway Maple Drair ed Yellow Fall Coloi Schwedler N. Maple 25-50' +25' Med. Moist, Well Leaves Red in Drained Spring turning tc Green. Summer Shade 25-50' +25 Med::. Leaves resistent. Norway Maple to leaf scorch Red Maple 25-50" +251 Med. Prefers Moist Red/Orange Fail - Acid Soil Color Sugar Maple (Green) Mtn. Variety, if +50' +25' Slow to Heavy, Moist Red/Orange Fall Med. Soil Color possible) :perry Schlenk -2- August 13, 1980 If boulevard trees are desired by the City Council in future develop- ment and become a common item in development contracts, I would: highly recommend the adoption of a City Tree Ordinance which would describe, among other things, desired tree species, planting location of trees in relation to curbs, sidewalks, street corners, utilities and other trees, public treecare, and dead and diseased tree removal.. A City planting plan would also be desirable. so that some form of continuity can -be established while establishing a variety of tree species to reduce the possibility of another epidemic disease such as Dutch Elm. Disease. Both of these items were described in."A Tree Management Proposal for Chanhassen" draft presented to the City Council last spring. cc: Bob Waibel._ Land Use Coordinator August fit, 1980 Knutson Mortgage and Financial. Corp. 17 Wasliin ton Avenue ?North ;'finneapolis, I -III 55401 Gentlemen: It appears from reviewing the file that the street, curb and gutter are beinv installed under contract by another party than originally indicated. In order to approve the off -site information requested by the Fndorsennnt to Certificate of Reasonable Value dated December 28, 1979, please provide the following information. a. Assurance from the City that that' have Bufficiant money from the hand to cover the cost of the remaining incomplete word,. b. A statement from the City that they have accepted the off -site irtl,roverents consisting of public street, public writer,. sanitary sewer, storm serer, curia tend Futter, for continuous maintenance. c. Clarification of the costs for the water main, sanitary saver and store sewer. Are these costs now paid--its--full? vide If not, please pro details On whatever assurances have been submitted to ensure Please Siacercly yours, .iO' lII LC:ASUI; Sr. Elan Specialist Loan Guaranty Division (Phone n=612-725-4025) L11 321 5M CAUSOII, Ronald R. 335/264 JIIIIelgason:ff 8-7-80 } ROMARCO DEVELOPMENT, INC. 3295 HILLSBORO AVE. SO. • MINNEAPOLIS, MINNESOTA 55426 • (612)-92e--?4i{- 542-1100 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Treasurer August 7, 1980 ion d Please be advised that the required work has been completed on the lake access lot for the Minnewashta Creek Second Addition. The legal description of the lot is Outlot B Minnewashta Creek, First Addition. At the time the permit was issued we were required to escrow $900.00 for a performance bond. The payment was made on November 1, 1979 and the receipt number is 6239. Now that the work is completed we would like to have the escrow returned. Your prompt attention to this matter will be appreciated. RJR/jyc QV Truly Yo ' o rt J. tter AUG 1980 RECEIVED v'LLAae on CHANH N SEW ^ 9 Chanhassen, Minn.,--- — ' E4 IN ACCOUNT WITH �- CITY OF CHAN ASSEN J T ' Mi• �. o' °i/� 7,10 Irlp-Z r 7/ ? .z %ao -x& ROMARCO DEVELOPMENT, INC. 3295 HILLSBORO AVE. SO. - MINNEAPOLIS, MINNESOTA 55426 - (612) 92&31-R)-- 542-1100 July 7, 1980 City of Chanhassen 7610 Loredo Drive Chanhassen, MN 55317 Attn: Bob Waibel Dear Mr. Waibel, Please consider this letter a confirmation of our conversation of July 7, 1980 regarding the completion of improvements at the Minnewashta Creek Second Addition. As was stated, the remaining work to be completed included, curb, gutter, and blacktop work, boulevard grading and street sign replacement. As we have been unable to come to satisfactory agreement with Widmer Brothers, Inc., the contractor who is to finish the above, we have contracted the curb and gutter work out to Adcon, Inc., 9140 Davenport St. N.E. Blaine, MN 55434. The grading and blacktop work has been contracted out to Northwest Asphalt, Inc., 10185 Crosstown Circle, Eden Praire, MN 55344• They have scheduled the curb and gutter work to begin on July 15, 1980. The blacktoping would go in about 3 days after completion of the curbing. With cooperation from the weather they will be completed by July 25, 1980 with the roadwork. We have notified the bonding company through their representative Mr. Robert Perovich at Chandler Associates of our intention in this matter. I also stated that we still have a retainage of approximately $8500 of Widmer Brothers contract amount. This will be held until the City has accepted the improvements. We are also requiring the new contractor to approve a 1 % retainage on their work until the City has accepted the improvements. If you have any further questions on this matter please contact me. tpp r., t1� VIP RJR Yo �-Ls Very T obert � tter X july 1, 1960 poph=, Haik, Schnobrich, yAuf�mn b Doty, Ltd. 434 IDS Center , -inneapol.is , Minnesota 554W Attention: D. William Kaofman Re: Romarco Development Inc. Dear Mr - Kau flan : our ngreement frith Bob Ritter vas to delay, until the 1980 season, tide curb, gutter and the blacktopping. if there vas a charge in price, this vms to be acCded 'vo our unit pricesSecause we used. these subcontractors prices when we originally Said this vork, we feel an obligation to use them to do the wrk. Our bl.actoppin contractor has increased his prices by �'4.00 per ton. We feel this price is fair: Our curb and gutter man has reluctantly agreed, to do his work using last year's prices. 4e will reshape the road, repair the trenches from the underground utilities, installed, f+or the price of: $1,500.Co- 1132 materials required to bring the road to grade will be at last year's unit prices. We feel this is fair to all people involved. If this is not satisfactory to ►r. 'Xtter he still has tae option of deleting the above mentioned items and paying us the retainsge that is le.t on the contract. GIN :rak cc ' Cl ty c f Chanhassen ' Attention: Robert Waibel Chandler Associates Attention Eob perovich Leo Develevment, Inc. Sincerely, Widmer Brc s . , LIC . G. H. Widmer JU L 1980 RECFJrVM Nu.m►cmr a� � r ONANHAMUN MUM I�QPf;, in, A Q "Z\51Y f;. 2.05 Certain Site Alterations Authorized. The Applicant is hereby authorized to execute its grading plan and landscape plan prepared by Clark Engineering Co. under certification of June 14, 1979 (hereinafter the Applicant's Plan). Except as provided in said grading plan and landscaping plan, no portion of the Subject Property may be developed, altered, or disturbed in any way. All work performed in execution of the Applicant's Plan shall be subject to the inspection and approval of the City Engineers. In case.any work shall be.rejected by the City as unsuitable or defective, then such rejected work shall be done anew to the satisfaction and approval of the City at the cost and expense of the Applicant. 2.06. Schedule of Work. The Applicant agrees that it shall have all work done and the improvements described in §2.05.above fully complete to the satisfaction and approval of the City on or before r , 19 � O . The Applicant shall submit a written schedul in.. cating the proposed progress schedule and order of com- pletion of work covered by this contract which schedule shall be a part of this contract. Upon receipt of written notice from the Appli- cant of the existence of causes over which the Applicant has no control which will delay the completion of the work, the City, in its discre- tion, may extend the date hereinbefore specified for completion.. 2.07. Erosion Control. Applicant, at its expense, shall provide temporary.dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Premises during all phases. of -construction. Applicant .shall .keep.all public streets free of all dirt and debris resulting from construction by the Applicant, its agents or assignees upon the Subject Property. 2.08. Certain Structures Prohibited. Except for the fence and sign described in the Applicant's Plan, no structure may be constructed, erected, or maintained upon the Subject.Property. No docks, piers, boat racks, or canoe racks shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.09. Camping Prohibited. No owner, as defined hereinabove, or other person shall camp overnight on the Subject Property_ 2.10. Motor Vehicle Parking and Boat Storage. No watercraft shall. be parked or stored overnight or on a permanent basis.on the Subject Property. Except for construction equipment necessary for the execu- tion of the Applicant's Plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceeding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or.trailer or wheeled dolly upon the Subject Property. -3- Section 3. Municipal Disclaimers. 3.01. No Liability to Suppliers of Labor or Material. 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 Applicant, the Applicant's con- tractors 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 permit and agreement or the performance and completion of the work and improvements hereunder; and that the Applicant 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. 3.02. Written Work Orders. The Applicant shall do no work nor furnish materials, whether covered or not covered by the Applicant's Plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Applicant without such written order first being given shall be at its own risk, cost and expense, and Applicant hereby agrees that without such written order, Applicant will make no claim for compensation for work or materials so done or furnished. Section 4. Miscellaneous. 4.01. Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of com- petent jurisdiction, such holding shall not invalidate or render unen- forceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 4.02. Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 4.03. Headings. Headings at the beginning of sections and para- graphs hereof are for convenience of reference, and shall not be con- sidered a part of the text of this contract, and shall not influence its construction. 4.04. Proof of Title. Upon request, the Applicant shall furnish the City with evidence satisfactory to the City that it has acquired fee title to the Subject Property. -4- e Iyr,l� POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS, MN 55402 WAYNE G. POPHAM FREDERICK C. BROWN RAYMOND A. HAIK BRUCE D. MALKER50N TELEPHONE AND TELECOPIER ROGER W. SCHNOBRICH JAMES R. STEILEN DENVER KAUFMAN JAMES B. LOCKHART 612-335-9331 DAVID S. DOTY ALLEN W. HINDERAKER ROBERT A. MINISH CLIFFORD M. GREENE ROLFE A. WORDEN D. WILLIAM KAUFMAN DENVER OFFICE G. MARC WHITEHEAD DESYL L. PETERSON 2660 ENERGY CENTER ONE BRUCE D. WILLIS MICHAEL O. FREEMAN June. 25, 1980 DENVER, COLORADO 80202 FREDERICK S. RICHARDS LARRY D. ESPEL RONALD C. ELM OUIST DAVID A.JON ES 303-825-2660 G. ROBERT JOHNSON SALLY A. JOHNSON GARY R. MACOMBER ROBERT S. BURK OF COUNSEL ROBERT E. HAMEL DALE C. NATHAN * NOT ADMITTED TO MINNESOTA BAR CERTIFIED - RETURN RECEIPT REQUESTED Widmer Bros., Inc. 4519 Shoreline Drive Spring Park, MN 55384 Attention: Geoffrey Widmer Re: Romarco Development, Inc. Our File No. 6141-00.1 Dear Mr. Widmer: This office represents Romarco Development, Inc. in various capacities. Mr. Robert J. Ritter has recently ex- pressed great concerns to me about the unfininshed curb, gutter and black -top work. to be performed by your company in Minnewashta Creek Second Addition pursuant to the Construction Contract dated March 22, 1979. It is my understanding that on or about May 21, 1980, Mr. Ritter had.a discussion with, your engineer, Carl Borg, at which time Mr. Ritter was advised that the cost of the curb, gutter and black -top work. would be in- creased to approximately $6,000 over the bid price. Mr. Ritter indicated at that time that he felt this 15% price increase was unjustified and Mr. Borg suggested that Mr. Ritter rebid the job if he felt the price was too high. Thereafter, Mr. Ritter pursued a rebid and received five curband gutter and five asphalt bids on June 6, 1980. The results of these bids in- dicated an increase for the asphalt work but that the curb and gutter prices were substantially less. On June 9, 1980, Mr. Ritter JUN1980 W RECEIVEID CNANitA�iN, �. MINNA POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Mr. Geoffrey Widmer June 25, 1980 Page Two met with you concerning these new bids which you reviewed. You expressed your desire to use the same subcontractors that had previously supplied you with.bids. You indicated that you would seek to have the subcontractors lower their estimation to comply with their previously submitted bids. On June 12, 1980, you indicated to Mr. Ritter by telephone conversation that you felt obligated to honor your previous agreements with your subcontractors and you were continuing to pursue this avenue. Mr. Ritter stated that he was willing to pay the guaranteed contract price for the curb, gutter and asphalt work.. But given the other five bids re- ceived on June 6, 1980, he felt that he should not have to pay any more than this previously guaranteed price. While you in- dicated that you would be back in touch with Mr. Ritter within a day or two, no further conversations have taken place even though. Mr. Ritter has attempted to contact you numerous times. His telephone calls are not being returned. Romarco Development, Inc. has lost at least onelot sale re- cently because of the lack of completed streets in the development. In addition, the VA is putting pressure on the City of Chanhassen to have the work completed. Obviously, Romarco Development is also experiencing this pressure. We feel that an adequate time has passed to resolve the contract price matter and we hereby demand that you immediately contact Romarco Development, Inc. with_ a work schedule for completion of the work at a price which_ does not exceed the original bid. If Romarco Development, Inc. is not contacted on or before Wednesday, July 2, 1980, with_ a work schedule reflecting commencement of the necessary curb, gutter and asphalt work on or before. July 7, 1980, with a scheduled completion date no later on July 25, 1980, Romarco Development, Inc. will have no choice to pursue its legal remedies under the performance bond and any and all other remedies available.. To date, Mr. Ritter has expressed satisfacti.on.with. work. performed by the company and would like to have thisi project completed without any further difficulties. I am sure you can appreciate the difficult position that Romarco Development is in. It must attempt to satisfy all the demands of the interested parties, including prospective purchasers of the lots. Continued delay in completing the streets will only increase its problems. Very truly yours, D. William Kaufman DWK :mb cc: City of Chanhassen/ Attention: Robert Waibe.l Chandler Associates Romarco Development, Inc. ROMARCO DEVELOPMENT, INC. 3295 HILLSBORO AVE. SO. - MINNEAPOLIS, MINNESOTA 55426 - (612) 920.3110 June 5, 1980 City of Chanhassen 7610 Laredo Drive Chanhassen, MN 55317 Attn: Bob Waibel Dear Mr. Waibel, During a recent phone conversation we discussed the schedule of completeing the curb and gutter and blacktopping the streets for Minnewashta Creek Second Addition. At that time I stated that Widmer Brothers had indicated the project should be c9mpleted by the end of July. I have further indicated to them our desire to complete the project by that time and will do whatever we can to see that the schedule is met. If you have any other questions please contact me. Ye Truly Yo Bert J. fitter RJR/jyc CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORAMMM TO: Planning Commission & Staff FROM: Bob Waibel, City Planner` DATE: June 5, 1981 RE: Replat Request, Lots 15, 16, 17, 27, 28, and 29 of Minnewashta Creek 2nd Addition, Public Hearing APPLICANT: Romarco, Inc. PLANNING CASE: (P-499 As mentioned in the Planning Report for the sketch plan review of the subject proposal, it was the concern of this office that the frontages of Lots 17 and 28 be sufficient to provide for proper placement of driveways and utilitie services and that the covenants and restrictions are satisfactory to the City Attorney especially with regard to the provision of main- tenance and harmonious treatment of the proposed double units. With regard to the above, the City Engineer find;no problems with the placement of driveways and utility services for Lots 17 and 28 and the Assistant City Attorney has reviewed revised covenants submitted by the applicant and finds them to be acceptable. Recommendation: I recommend that the Planning Commission recommend that the City Council approve the subject request with the condition that the applicant submit the appropriate hardshell and mylar documents necessary for recording and that the property in question be assessed additional trunk sewer and water units as per the north service area public improvement project. SMNED CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT DATE: May 7, 1981 TO: Planning Commission and Staff FROM: Bob Waibel, City Planner SUBJ: Replat request, Lots 15, 16, 17, 27, 28 and 29, Minnewashta Creek 2nd Addition APPLICANT: Remarco Inc. PLANNING CASE: P-499 Do4- i � i __ The applicant is proposing to replat the Lots in question for the purposes of constructing 12 zero lot line double home units. Back =-round 1. Community Location: as shown in the attached plat and the community location graphic, the properties in question are located along the westerly edge of Minnewashta Creek 2nd Addition adjoining Minnesota Trunk Highway #7. 2. Existing Zoning: The subject property is presently zoned P-1 Planned Residential District. 3. Utilities: Sanitary Sewer and Municipal water are presently available to the subject property. 4. Comprehensive Plan Proposal: a. Land Use:. Pursuant to the Chanhassen Comprehensive Plan Up -date, the subject property and its environs are to assume and maintain a law density identity. b. Transportation: Pursuant to the Chanhassen Comprehensive Plan Up -date, Minnesota Truck Hwy #7 is to function as a inter- mediate arterial and Linden Circle and Kirkwood Circle are to function as local streets. Page 2 Planning Report Remarco rnmmPn+_ The City Council on June 5, 1978, approved the development plan and preliminary plat of Minnewashta Creek 2nd Addition and sub- sequently executed a development contract statingthat "lots 13, 16, 17, 27, 28, and 29 in Block 1 in the proposed plat may be used for either "single family dwellings" for purposes of "two family dwellings" _ as those terms are defined in the Chanhassen Zoning Ordinance." The applicants request at this time is to go through the necessary procedures in order that zero lot line double units may be constructed on the afore mentioned lots. Due.to the potential for inpercise placement of a party wall for structures such as the proposed, some communities have amended their subdivision ordinances to allow for acceptance of a final plat after the foundation has been placed or the construction of the structure is complete. In conversation with Assistant City Attorney, Craig Mertz, it has been indicated that the Chanhassen policy has been to plat the lots first and include in the covenants and restrictions of the development, an.. encroach- ment clause such as found in Section 6 of the attached suppl_ment to declaration of covenant. This places the respongibility of the accurancy of the placement of the party wall on the developer/builder and includes that any encroachments are subject to an easement to the life of the structure wherein the party wall is treated as the common lot line. Until an amendment to the-. subdivision ordinance is adopted that would permit administrative review of the final plat for each individual structure after installation of the party wall, this office feels that from an administrative standpoint, the method of platting prior to construction is the most appropriate. Although lots 17 and 28 do meet the requirements for frontage on a public street, due to their restricted frontage on a right- of-way, the applicant should at this time, investigate to minimize potential problems in the placement of driveways in relationship to utility hook up needs. The applicant should be additionally advised that the placement of the proposed structures will need to be in compliance with the setback provisions of the zoning ordinance. In order to be assured that the proposed structures will be main- tained in a satisfactory and harmonious manner, the covenants and restrictions will need to be approved by the city attorney with regard to its provisions guaranteeing said maintenance. The applicant should be aware that the proposed structures will be subject to certain trunk utitlity assessments for the north service area public improvement project. Planning Report Page 3 Remarco Recommendations I recommend that a public hearing be held for the subject request provided the applicant make the necessary escrow deposit with the City Treasurer to defray staff costs and processing this application. cf.&Tr.c,7* MAARrY 40V A rm% #ML CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR THE REPLAT FOR 12 DOUBLE TOWNHOME UNITS, ROMARCO DEVELOPMENT INC. CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of Chanhassen, Minnesota will meet on Wednesday the loth day of June, 1981 at 8:30 p.m. at the City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to consider the replat for 12 double townhouse units in the following described tract of land: Lots 15, 16, 17, 27, 28, and 29, Minnewashta Creek 2nd Addition A plan showing said proposed replat is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, May 27, 1981) CITY OF PJ' CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Bob Waibel, City Planner FROM: Bill Monk, City Engineer DATE: January 15, 1982 SUBJ: Minnewashta Creek 2nd Addition I have examined the cul-de-sac in the above named subdivision for which the City currently holds a $5,000 letter of credit, and am satisifed with its condition and operation. I feel the City is in a position to accept said cul-de-sac and release the letter of credit. cc: Don Ashworth, City Manager Craig Mertz, Ass't City Attorney CITY O'F CUANHASSEW -690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Craig Mertz,'Assistant City Attorney FROM: Bob Waibel, City Planner (q) DATE: January 15, 1982 SUBJ: Minnewashta Creek 2nd Addition Letter of Credit PLANNING CASE: 78-3 PUD From the information available to us at this time, it appears that the final plat of Minnewashta Creek 3rd Addition (the double -bungalow lo� t splits) has been inadvertantly released fortfi7ing at the Carver County Recorders Office. As shown in the attached letter of credit and escrow statement, the letter of credit is set to expire on next Tuesday,.January 19, 1982 and that there is presently an escrow defic. t of 5511.63 for payment of energy for the street lights within the Minnewashta Creek Addition. The $511.63 amount is considered a final payment since it signifies cost incurred up to the point in which the City takes over the street lighting. As of the writing of this memorandum, I have not yet heard back from Mr. Ritter as to whether or not he wishes to make payment before noon on Monday or extend the letter of credit until such time as he desires to make payment or have the City draw on the letter of credit for the payment of the deficit. For your purposes, I have attached the original letter of credit. Due to the limited amount of time within which we may be able to respond, I will be in contact with you by phone presumably by Monday., cc: Don Ashworth Kay Klingeihutz Bill Monk Scott Martin / Z CITY OF CHANHASSEN 690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, City Planner DATE: July 8, 1981 SUBJ: Replat Request, Lots 15, 16, 17, 27, 28, and 29 of Minnewashta Creek 2nd Addition APPLICANT: Romarco Inc. PLANNING CASE: P-499 For your information, please find the attached planning report dated May 17, 1981 which contains the background on the subject request. This report additionally raises concerns about potential utility service problems for existing lots 17 and 28 and the adequacy of the covenants to assure that the proposed structures will be maintained in a harmonious manner. As found in the attached memorandum of June 5, 1981, and the assistant City Attorney's letter of June 19, 1981, these concerns have been satisfactorially resolved. The Planning Commission duly held a public hearing at its meeting of June 10, 1981 and, in concurrence with staff, recommended that the Council approve the subject request with the condition that the applicant submit the appropriate hardshell and mylar documents necessary for recording and that the property in question be assessed additional trunk sewer and water units as per the north service area public improvement project. 7E LARSON & HERTZ J: ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL M. LARSON MINNEAPOLIS, MINNESOTA 554OR CRAIG M. MERTZ TELEPHONE - - (612) 335-9565 OF COUNSEL June 19, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 Re: Minnewashta Creek 2nd Addition Dear Bob: In my letter of April 16, 1981, I mentioned certain deficiencies in the proposed covenants for the proposed zero lot line dwelling units in Minnewashta Creek 2nd Addition. Subsequently, Mr. Ritter has provided me with a revised First Supplement to the Covenants. I have reviewed that revised first supplement. I find that documents as revised to be acceptable for City purposes. The document now specifically states that the owners of a zero lot line dwelling unit have an obligation to maintain the exterior of the dwelling unit in good repair. The architectural review committee has been given jurisdiction over exterior decoration schemes and painting of zero lot line units. And the document now authorizes the members of the association to utilize the procedures of the American Aribtration Association to compel necessary exterior repair and maintenance. CMM:ner enc Very truly yours, CRAIG M. "'ERTZ Assistant Chanhassen City Attorney CITY OF CHANHASSEN RECEIVED J U N 2 21981 COMMUNITY DEVELOPMENT DEPT. I I Date Received initial 5. Abstracters Certificate 6. Escrow Account I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for conditional use. .J gnature of Applicant Signature of Owner Date Received by Title (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date By Application on Planning Commission Agenda Planning Commission postponed to Newspaper publication Adjacent property owners notified Public Hearing -- Planning Commission action pplication on Council Agenda Council postponed to ouncil Action Conditional use contract executed Escrow returned - amount: $ Final Inspection PLANNING COMMISSION RECOMMENDATION On this day of 19 this conditional use permit was recommended for (approval), (disapproval) subject to the following conditions: Chairman of Planning Commission -17- I J CONDITIONAL USE PERMIT CASE NO. CUP City of Chanhassen ._ Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application. Escrow Paid Date Received by Applicant Name6w, fD fD i�I Last v{VFirs Address: 7%84� V i� V N (i E� �v I Number and Street Owner: Addres Address of'property in question: .�. . A ► . . _ , [-.-A 1 Initial y State Zip Code Legal description of property in question: s Present zoning of property: Present use of propert i1 P P Y: / Lavin V Proposed use of property: �.�J Ire-A-T i, h dV--122xX &(O,i The following documents if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Dimension plan 3. Grading plan 4. Landscape plan March 24, 1981 Mr. Bob Waibel City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota Re: Dock Permit for Outlot B, Minnewashta Creek Homeowners Association Dear Bob: Enclosed you will find our application for permit for construction of dockage.on Outlot B, Minnewashta Creek 1St Addition. Also enclosed is a check for $100, an updated abstract and blueprints showing proposed dock location on Outlot:B. Thank you again for your time and co-operation in this matter. Kindest regards,) onald R. Carlson Representative-Minnewashta Creek Homeowners Association It