79-02 - Trappers Pass PUD pt 2CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
August 14, 1987
Mr. Roger Knutson
403 Norwest Bank Building
P.O. Box 57
So. St. Paul, MN 55075
Dear Roger:
Enclosed please find a Quit Claim Deed for a trail section in
Near Mountain, 5th Addition.
Please take the appropriate action to have it recorded.
Sincerely,
/k.
Lori C. Sietsema
Park and Recreation Coordinator
Enclosure
LCS:n
0
I-)
Form No. 31-M—QUIT CLAIM DEED
Corporation or Partnership
to Corporation or Partnership
Minnesota Uniform
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
County Auditor
by
STATE DEED TAX DUE HEREON: $
Date: June 26th , 19 87
Blanks_(1978) _ Miller -Davis Co.. Minneapolis
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Lundgren Bros. Construction, Inc.
a Corporation under the laws of
Minnesota , Grantor, hereby conveys and quitclaims to
City of Chanhassen Grantee
a Minnesota municipal corporate ge,
lider the laws of Minnesota real property
Carver County, Minnesota, described as follows: in
Outlot A, Chestnut Ridge at Near Mountain 5th Addition
(if more space is needed, continue on back(
together with all hereditaments and appurtenances belonging thereto.
LUNDGREN S. CONSTRUCTION INC.
Affix Died Tax Sta:nD Here
By
Its
By
Its
STATE OF MINNESOTA
Hennepin j SS.
COUNTY OF 1
The foregoing was acknowledged before me this 26th day of June 19 87
by Pala Wnllan glq(� —'
the Assistant Secretary x��tp( '
of Lundgren Bros Construction Inc a corporation
under the laws of Minnesota , on behalf of the corporation
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) /T
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
. or Margaret D. Delon Tax Statements for the real property described in this Instrument should
r {`'^
Notary' Pubilc-Minnesota
H •�n�Din Gounty
be sent
to (Include Herne and address of Grantee):
r-
?' My Cornet. Exp. 11-2-90
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
Lundgren Bros. Construction, Inc.
935 E. Wayzata Blvd.
lWayzata, MN 55391
RA
7. 'I'fN CIT j4^
August 13, 1987
To Whom It May Concern:
RE: Lundgren Brothers Construction, Inc.
HUD Subdivision Feasibility Analysis for
McKinley Place at Near Mountain 3rd Addition
Shorewood, Minnesota
Received 08/10/87
Metropolitan Council Referral File No. 14270-1
Metropolitan Counci
300 Metro Square Buildinc
Seventh and Robert Street"
St. Paul, Minnesota 55101
Telephone (612) 291-635E
The Department of Housing and Urban Development has forwarded to the
Metropolitan Council for review an application on the project identified
above. A copy of the application, which provides further detail, is enclosed.
The Council welcomes any information you may have regarding this project which
you feel may assist the Council in its review. Comments should be sent within
one week.
Thank you.
Sincerely,
METROPOLITAN COUNCIL
L
ohn Rutford
Referral Coordinator
JR:ch
cc: Maurice Chandler, Coord., Minnesota Intergovernmental Review Process
Dirk deVries, Metropolitan Council District 13
AUG 1 __ 1081
OTY pc CHANHASS=
An Equal Opportunity Employer
R
,1 U.S. `�artment of Housing and Urban Q,velo2mc
�glji' a• Mint— -Olis-St. Paul Office, Region V
� •;' 220 Second Street, South
Minneapolis, Minnesota 55401-2195
METROPOLITAN COUNM-
REEERRAF
ME ?VI
August 10, 1987
1•ir.. Jct-1 Rutford, Referral Coordinator
t�Setrc~,politan Ccuncil
300 �`:etro Square Building
7th & Rcbert
St. Paul, i^; 55101
Lear ?•�r . Rutford:
Subject: Subdivision 'No. 190-87-DC
McKinley Place at Near Mountain - 3rd Addition
Shorewood, MN
Pursuant to Elvecutive Order 12372 Prccedures and the cocjx.-ration
of tt-.e 'Ni-nesota State Planning Agency; enclo:.;,xII find tl follawing inform tics
for your review:
a. Applicatiaz for Envirm- ental Review.
b. Location Nap.
C. Plat.
Enclosures
cc:
Veterans administratim
Sincerel-
JotUrx- tiuenger
Director, Housing D`velolnnent
0
OMB No. 2502.01
US. DEPART.tENT a HOUSING AND URBAN DEVELOPMENT VA • L,
HOUSING —FEDERAL HOUSING COMMISSIONER
APPLICATION FOR ENVIRONMENTAL"
NAME AND ADDRESS OF DEVELOPER
Lundgren Bros. Construction, Inc.
935 East Wayzata Boulevard
Wayzata, Minnesota 55391
" GUARANTY SERVICE
V I EYVliECEI ED = FHA BY
SIVfSl9�4—
JUL 30 1987
(STATE ZIP ER (Include
CITY OR COUNTY Area Codel
Wayzata Minnesota 55391 612/473-1231
HUD/VA FILE NUMBER NAME OF SUBDIVISION
f McKinley Place at Near Fountain 3rd Addition
TRACT NUMBER LOCATION OF SUBDIVISION
Shorewood Hen in County
027502 I STAGE OF DEVELOPMENT OF SUBDIVISION
❑ Proposed CY� Started ❑ Completed
Environmental review of this proposal is requested and the following exhibits are attached:
Location Map Optional Information submitted:
®�►lGibiYJ�K�(�d(�i?i}��S Final Plat ❑ Soils Report ❑ Topographic Data
Signed Equal Employment Opportunity Certification ❑ Preliminary Grading Plan ❑ A-95 Comments
HUD-920101VA26.421 ❑ Other Proiect iS portion Df "Near i"oil tain'-t
which received environtr
® Affirmative Marketing Plan (HUD-935.2/Certification of Intent Not to .Market (HUD-935.3)) 1-1 aara nrp i n 1 QRfI CnC,
GENERAL INFORMATION
1. Developer is: ® Land Owner ❑ Option Holder
2. Size of this Parcel: 1'' aC
3. Number of Lots: 26
4. Typical Lot Size: 14,400 SQ ft
5. Adjacent Land Under Developer's Control: (Shorewood�
_ ? 32 Acres
6. Other Land Uses: Residential
7. Parcel is part of a locally -approved development plan of
273 lots
8. Developer will:
[� develop land and build homes; initial plan is to start
1 homes in $ 110 ,000 to
$ 145 000 ' price range.
❑ develop land and sell improved lots.
❑ produce finished typical building sites at a price of
❑ limit site grading to minor redistribution with house
foundation in natural soil.
M construct house foundations on soils engineered cuts
attached.
16. Covenants recorded? ® Yes ❑ No
® Will be identical to previous unit.
❑ Will conform with FHA Data Sheet 40.
17. a. Water System: ® Central (Public or Community,
❑ Individual
b. Sewerage System: ® Central (Public or Community,
❑ Individual
18. Proposed Street Improvements:
Pavement Base Bi tumi noUS or Gravel
Wearing Surface Bi tumi nouS
® Curb'and Gutter ❑ Sidewalks
19. Underground electric and telephone? ® Yes ❑ No
(Explain under Remarks)
20. Gas? ® Yes ❑ No
21. Will development include common area? ❑ Yes ® N
(Describe facilities and maintenance under Remarks)
22. Developer ® has ❑ has not previously dealt with th
HUD/VA Office. ❑ has dealt with other HUD/VA Offi
(Explain under Remarks).
23. Schools (Distance, direction): I".i nnetonka 0i s tri c
m n
x
N
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CITY OF Puk
CHASHASSrN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
iw. wr. � a.. aJ nuuuwuaaan
Endorsed
MEMORANDUM Modified
Rejecter —
Date
TO:
Don Ashworth, City Manager Date Submitted to Commission
FROM: Jo Ann Olsen, Assistant City Planner
Date Submitted to Council
DATE: February 18, 1986
SUB J: Final Plat Approval of Chestnut Ridge at Near Mountain
7th and 8th Additions
The applicant has submitted final plats for the 7th and 8th
Additions to Chestnut Ridge at
are consistent with the approvedNear Mountain. Both final plats
14, 1985 (Attachment #1).preliminary plat dated January
Staff is recommending approval of the Mountain 7th and 8th Additinut Ridge at ons final plats t(Attachments 2Near
3)
stamped received February 3, 1986.
ATTACHMENTS
1• Approved Preliminary Plat.
2. Final Plat of Chestnut Ridge at Near Mountain 7th Addition.
3. Final Plat of Chestnut Ridge at Near Mountain 8th Addition.
-LTr` Irti �J PL.OT
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In 35,Z.00 sF.\
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1
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action by Or Aofni"Irlit;t%
Endorse'
MEMORANDUM Modified --
Rejected J
TO: Don Ashworth, CityManager Dates/ed to Cod
g Date Submitted to Commissiolt
FROM: Planning Staff
NO- iu!„^i;ted :o (;ou7ci{
DATE: March 10, 1986 Z-M Af6
SUBJ: Street Name Change in the Near Mountain P.R.D.
Lundgren Brothers Construction Company is requesting approval
of a street name change in the Near Mountain P.R.D. They are
proposing to change the easterly segment of Oxbow Bend to
Mountain Way (Attachment #1). Planning staff recommends approval
of the attached resolution to allow the proposed street namechange.
ATTACHMENTS
1. Location of street.
2. Resolution changing name of street.
JO:v
0 1N3UoCNm
NIVINoVU'v
aN
C I TY, OF 'aY
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
March 20, 1986
Mr. Mike Pflaum
Lundgren Brothers Construction
935 East Wayzata Boulevard
Wayzata, MN 55391
Dear Mike:
This is to confirm that on March 17, 1986, the City Council
approved the attached resolution to change a portion of the
easterly segment of Oxbow Bend to Mountain Way in the Near
Mountain P.R.D.
Should you have any questions, please call me.
Sincerely,
Jo Ann Olsen
Assistant City Planner
JO:v
f-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 17, 1986
_ RESOLUTION NO: _ 86 -14
MOTION BY: Horn
SECONDED BY: Watson
A RESOLUTION ACCEPTING A STREET NAME CHANGE
IN CHESTNUT RIDGE AT NEAR MOUNTAIN
NOW, THEREFORE, BE IT RESOLVED, that the Chanhassen City
Council hereby approves the street name change of Oxbow Bend
to Mountain Way along Lots 1-8, Block 5, and Lots 8-14, Block 3,
Chestnut Ridge at Near Mountain 5th and 7th Additions, Section 1,
Township 116, Range 23.
Passed and adopted by the Chanhassen City Council this
17th day of March 1986.
ATTEST:
Don - -
Ashworth, City Clerk/Manager TPIomas L, j
Hamilton, Mayor
YES NO
Hamilton None
Horn
Watson
Swenson
GevinQ
ABSENT
__ _None
REGULAR CHANHASSEN C� COUNCIL MEETING
„ c,March 17, 1986
Mayor Hamilton called the meeting to order.
Pledge to the Flag.
Members Present
Councilman Horn, Councilwoman Watson,
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
Lori Sietsema and Bill Monk
The meeting was opened with the
APP�AL OF AGENDA: Councilwoman Watson moved to a
pprve the sented with the addition of discussion on a fertilizeroordinance.
as pre_
seconded by Councilman Geving. The followin Motion was
Councilwomen Watson and Swenson 9 voted in favor: Mayor Hamilton,
r Councilmen Horn and Geving. No negative votes.
Motion carried.
CONSENT AGENDA: Councilman Horn moved to approve the followin
items pursuant to the City Manager's recommendation: 9 consent
agenda
a. Set Date for Board of Equalization and Review Meeting,
• May 19, 1986.
b, RESOLTUION #86-13: Request to Adopt Resolution
Programs, Minnesota Recreation and Supporting Grant
Park Association.
C. RESOLUTION #86-14: Street ,Name Change, ,year Mountain
Set Date for Council Worksession, March 24, 1986.
a, RESOLUTION #86-15: Approve Construction Plans and S
Chanhassen Lakes Business Park 5th Addition Pecifications for
Opus Corporation.
f• Approve Construction Plans and Specifications for Chestnut
7th and Sth Additions and Trapper's Pass Ridge
Lundgren Brothers. 2nd Addition,
9• Authorize Preparation of Highway 5 Streetscape Plan,
Motion was seconded by Councilwoman Watson. Mayor Hamilton, Councilwomen Watson and Swensone following voted in favor:
r Councilmen Horn and Geving. No
negative votes. Motion carried,
COUNTY ASSESSING CONTRACT,MIKE SCHACTERLE:
Mr. Schacterle has asked that the Council not ready to speak at this evenings meetin act on this tonight as he was
City Manager had to clarify, g• There were also some items that theot
REGULAR CHANHASSEN C, -) COUNCIL MEETING
,,,:,March 17, 1986
Mayor Hamilton called the meeting to order.
Pledge to the Flag.
Members Present
Councilman Horn, Councilwoman Watson,
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
Lori Sietseme and Bill Monk
-7q-,�-
Pud
The meeting was opened with the
APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as pre-
sented with the addition of discussion on a fertilizer ordinance. Motion was
seconded by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwomen Watson and Swenson, Councilmen Horn and Geving.
Motion carried. No negative votes.
CONSENT AGENDA: Councilman Horn moved to approve the following consent agenda
items pursuant to the City Manager's recommendation:
a. Set Date for Board of Equalization and Review Meeting,
• May 19, 1986.
b. RESOLTUION #86-13: Request to Adopt Resolution Supporting Grant
Programs, Minnesota Recreation and Park Association.
C. RESOLUTION #86-14: Street Name Change, Near Mountain Addition.
d, Set Date for Council Worksession, March 24, 1986.
e. RESOLUTION #86-15: Approve Construction Plans and Specifications for
Chanhassen Lakes Business Park 5th Addition, Opus Corporation.
f• Approve Construction Plans and Specifications for Chestnu
7th and nth Additions and Trapper'st Ridge
Pass 2nd Addition,
Lundgren Brothers.
9• Authorize Preparation of Highway 5 Streetscape Plan.
Motion was seconded by Councilwoman Watson. The followin
Mayor Hamilton, Councilwomen Watson and Swenson 9 voted an favor:
Council
negative votes. Motion carried. men Horn and Geving. No
COUNTY ASSESSING CONTRACT. MIKE SCHACTERLE.
Mr. Schacterle has asked that the Council not act on this tonight as he was
ready to speak at this evenings meeting. There were also some items that the
City Manager had to clarify,
/{� �`p .� �. ���s_.,r� ��•i.��''f,.G.O t./��iC.�' `� Q''f.'C"A'�'1��.,G� 9 ' 2
installation of the cable beneath the bed of Purgatory
Creek should take less than one hour.
B. Permit #86-9 - Utility Installation - Sawatch at Near
Mountain - Grading and Land Alteration Permit -
Shorewood.
Mr. Obermeyer did note that the waters on this site do
not appear to be protected waters by the Department of
Natural Resources. Hence, the Managers noted that the
District's permit will be the only grading and land
alteration permit required to be secured by the
developer at this site. During the course of
consideration of the permit conditions to be applied
.to this site, the Managers. questioned the term,
"proper energy dissipation." The Managers advised the
District's engineer to include as a permit condition a
more defineable standard and required the engineer to
review and approve prior to construction the proposed
devices to be used by the developer to provide for
adequate and proper energy dissipation.
C. Permit #86-12 - Bluff Green Development - Grading and
Land Alteration Permit - Site Grading and Utility
Installation - Chanhassen.
Upon the recommendation of the District's engineer, it
was noted that the developer had requested that this
matter be continued. It was moved by Cardinal,
seconded by Rahr that this matter be continued until
revised plans and specifications are submitted to the
District for formal review and approval.
D. Permit #86-14 - Utility Installation - The Farm -
Grading and Land Alteration Permit - Eden Prairie.
The Managers•recognized Mr. Peter Knaeble of Ron
Krueger & Associates regarding the submission of this
grading and land alteration permit application.
E. Permit #86-15 - Red Rock Heights, 3rd Addition -
Grading and Land Alteration Permit for Site Grading
and MDNR Chapter 105 - Work in Public Waters Permit
for Utility Installation - Eden Prairie.
Mr. Peter Knaeble of Ron Krueger & Associates was
present to answer any questions the Managers had
regarding this permit application.
-3-
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
February 27, 1986
Mr. Peter Pflaum
Near Mountain Partnership
935 E. Wayzata Boulevard
Wayzata, MN 55391
Dear Mr. Pflaum:
This is to confirm that on February 24, 1986, the City Council
approved the final plats for Chestnut Ridge at Near Mountain 7th
and 8th Additions. The City and County now only require the sub-
mittal of two mylars and no hardshells.
Should you have any questions, please feel free to call me.
Sincerely,
�) �t 0." .,�
Jo Ann Olsen
Assistant City Planner
JO : v
F
F71
' 6-29-82
9-27-82
10 -12 - 82
CITY OF CHANHASSEN
PLANNED RESIDENTIAL DEVELOPMENT CONTRACT
NEAR MOUNTAIN PROPERTIES
THIS AGREEMENT, made and entered into this .2J4r day of
19-;� by and between NEAR MOUNTAIN
LIM TED PARTNERSHIP I, a limited partnership of which PETER
PFLAUM and ROBERT L. MELAMED are General Partners,
(hereinafter the "Developer"), and the CITY OF CHANHASSEN, a
Minnesota municipal corporation (hereinafter the "City");
WITNESSETH, that the City, in the exercise of its powers
pursuant to MSA §462.358 and other applicable state laws, and
the Developer, in consideration of the mutual covenants
herein contained, recite and agree as follows:
SECTION 1. RECITALS.
1.01. Final Development Plan and Preliminary Plat
Approval. Developer has heretofore made application to the
City under the City Zoning Ordinance for the approval of a P-1,
Planned Residential Development District, for certain lands
comprising approximately 147 acres, more or less, identified as
Near Mountain, and more particularly described on Exhibit A
attached hereto and made a part hereof. The City Planning
Commission duly held a public hearing on October 17, 1979, on
the petition of the Developer for rezoning of the tracts of
land comprising the Plat from R-lA to P-1, Planned Residential
Development District, under the Chanhassen Zoning Ordinance and
for preliminary development plan and preliminary plat approval.
Thereafter, the City Council on May 11, 1981,.granted final devel-
opment plan approval, including rezoning of the plat to P-1,
Planned Residential Development District and preliminary plat
approval, all said approvals being subject to the terms and con-
ditions of the within agreement and on the further condition that
the Developer and Owners enter into this agreement.
1.02. Ownership Interests. The fee owner of the ,
tract of land comprising Lots 1 through 3, Block 1, Lots l through 31�4, Block 2, Loth 1 Block 3, Lots 1 through 2, Block 4,
Mountain is or shall be at the time of platting as follows:
Block 5, and Outlot B in the plat of Near
Near Mountain Limited Partnership I, a Limited part-
nership consisting of Peter Pflaum and Robert L. Melamed
as General Partners; and Edmund M. Lundgren, Gerald T.
Lundgren, Allan D. Lundgren, Michael A. Pflaum, Eugene
S. Holderness, David N. Olson, Harry J. Jensen, and
Samuel L. Kaplan, as Trustee under the Trust created by
J.S. Melamed, as Limited Partners.
or
Lindgren Brothers Construction, Inc.
iCAHNl� V4
6-29-82
1.03. Phasin:; Plan and RecordjEja of Final Plats.
Consistent with the Final Development Plan approval, final plats
for Near Mountain shall be recorded in phases. Each phase
shall be consistent with the approved preliminary plat, more
particularly described on Exhibit B, or require submission of a
new application. The terms of this agreement shall be binding
for all phases platted prior to December 31, 1990. At such time,
the Chanhassen City Council, at its discretion, may further
extend this agreement or require a new application for sub-
sequent phases.
SECTION 2. IMPROVEMENTS BY DEVELOPER
2.01. Construction. Developer agrees at its expense to
construct, install, and perform all work and furnish all
materials and equipment in connection with the installation of
the following public improvements (hereinafter the "Public
Improvements"), in accordance with the Plans and Specifications
described in 12.02 below, as modified by the Special Conditions
set forth in Section 4 hereof:
a. Street grading, stabilizing, and bituminous surfacing
b. Surmountable concrete curbs and gutters
C. Sanitary sewer mains
d. Watermains
e. Storm and surface water drainage and holding ponds
f. Street signs
g. Boulevard sodding or seeding
h. Underground utility lines, and
i. Street lighting.
2.02. Final Plans and Specifications The Developer
shall provide the City with final plans and specifications,
including a final grading plan, prepared by a registered pro-
fessional engineer, which plans and specifications shall be sub-
ject to the review and written approval of the City Engineer.
Said plans and specifications are hereby made a part of this
agreement. Developer shall not make or permit any changes,
variations, omissions or additions to City approved final plans
and specifications without the written approval of the City -
Engineer prior to any such change, variation, omission or addition.
2.03. Standards of Construction. Developer agrees that
all of the public improvements shall be constructed and
installed in accordance with the aforesaid City approved plans
and specifications, and that said improvements shall equal or
exceed City standards, and that all of said work shall be sub-
ject to the inspection and approval of the City Engineer.
-2-
6-29-82
2.04. Materials and Labor. All of the materials to be
employed in the making of said public improvements and all of the
work performed in connection therewith shall be of uniformly
good and workmanlike quality. In case any material or labor
supplied shall be rejected by the City as defective or
unsuitable, then such rejected material shall be removed and
replaced with approved material, and rejected labor shall be
done anew to the satisfaction and approval of the City at the
cost and expense of the Developer.
2.05. Staking, Surveying and Inspection. It is agreed
that the Developer, through his engineer, shall provide for all
staking, surveying and resident inspection for the above
described improvements in order to ensure that the completed
improvements conform to the approved plans and specifications.
The City will provide for general inspection and shall be
notified of all tests to be performed. It is agreed that the
estimated cost of such improvements, including charges of the
City for legal, planning, engineering services, including
inspection, supervision and administration costs, shall be
included in the total cost of all improvements for purposes of
computing the amount of the bond or financial security to be
furnished to the City by the Developer pursuant to the terms of
this agreement.
2.06. Completion Date and Schedule of Work.
a• It is agreed by the Developer that the construc-
tion of the public and private improvements within each final
plat of the phases of development contemplated by_§1.03
hereof shall commence within one year of the filing of the
final plat at the Carver County Courthouse and that all
public improvements shall be completed within two years of
said plat filing.
b• It is agreed that the Developer shall submit a
written schedule indicating the progress schedule and order
of completion of the work covered by this agreement. It is
further agreed that upon receipt of written notice from the
Developer of the existence of causes over which the
Developer has no control which will delay the completion of
the work, the City Council, at its discretion, may extend
the date hereinbefore specified for completion and that any
bond or financial security required shall be continued by
the Developer to cover the work during this extension of
time.
C. Final approval and acceptance of the project
shall take the form of a Resolution duly passed by the City
Council, on the advice of the City Engineer.
2.07. Claims for Work. The Developer shall not do any
work or furnish any materials not covered by the plans and spec-
ifications and special conditions of this agreement, for which
reimbursement is expected from the City, unless such work is
first ordered in writing by the City Engineer as provided in the
specifications.
-3-
a
6-29-82
9-27-82
Any such
,or materials ay be d
one
furnished by thecontractor, without such writtenorderfirstr
being given shall be at his own risk, cost and expense, and he
hereby agrees that without such written order he will make no
claim for compensation for work or materials so done or
furnished.
2.08. Final Inspection. Upon completion of all the
work required by the City Engineer, a representative of the
contractor, and a representative of the Developer's engineer will
make a final inspection of the work. Before final payment is
made to the contractor by the Developer, the City Engineer shall
be satisfied that all work is satisfactorily completed in accor-
dance with the approved plans and specifications, and the resolu-
tion noted in Section 2.06(c) shall be adopted. Also, the
Developer's engineer shall submit a written statement attesting
to same.
2.09. As Built Plans. Upon completion of the work, the
Developer shall have his engineer provide the City with a full
set of as -built mylar reproducible plans for City records.
These plans shall include the locations and ties to all sanitary
sewer and watermain services as well as gate valve boxes and
manholes.
2.10. City Disclaimer. It is agreed anything to the
contrary herein notwithstanding, that the City of Chanhassen,
the City Council and their agents, or employees, shall not be per-
sonally liable or responsible in any manner to the Developer,
Developer's contractor or subcontractor, material men, laborers
or to any other person or persons whomsoever, for any claim,
demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this
agreement or the performance and completion of the work and the
improvements provided herein, and that the Developer shall save
the City harmless from all such claims, demands, damages,
actions or causes of actions or the costs disbursements, and
expenses of defending the same, specifically including, without
intending to limit the categories of said costs, cost and expenses
for City administrative time and labor, costs of consulting
engineering services and costs of legal services rendered in
connection with defending such claims as may be brought against
the City.
2.11. Erosion Control. Developer, at its Pxnancc
shall provide temporary dams, earthwork or such otherdevicesand practices, including seeding of graded areas, as shall be
needed, in the judgment of the City Engineer, and the
Riley -Purgatory Creek Watershed District, to prevent the washing,
flooding, sedimentation and erosion of lands and roads within
and outside the plat during all phases of construction,
including construction on individual lots.
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6-29-82
2.12. Street Lighting. The expense of furnishing
electrical energy for street lighting purposes shall be assumed
by the City twenty-four (24) months after completion of
installation of the street lighting system, or after fifty per-
cent (50%) of the building lots have been improved by the
construction of residences thereon, whichever is first to occur.
2.13. Conveyance of Improvements. Upon completion of
the installation by Developer of the improvements set forth in
12.01 hereof in accordance with the plans and specifications
hereunder and the written approval by the City, Developer shall
convey said improvements to the City free of all liens and
encumbrances and with warranty of title. Should the Developer
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.
2.14. Building Permits and Occupancy Permits.
a. Prior to completion of the grading and placement
of rock stabilizing materials for road construction within
each plat, the City Building Inspector, with the approval
of the City Engineer, shall be authorized to issue building
permits for residential construction within such plat upon
payment of all fees and charges applicable to the issuance
of permits and provisions for adequate site access.
b. The occupancy of any structure within said plats
for residential purposes shall be prohibited by the City
until the rock stabilizing base of the streets shall have
been completed and municipal sanitary sewer and water lines
shall have been installed and are available to serve the
lot for which a building permit shall have been issued.
2.15. One Year Guarantee of Work and Guarantee Bond.
All work and materials performed and furnished by the Developer,
its agents and subcontractors pursuant to 12.01 above, which are
found by the City to be defective within one year after accep-
tance by the City, shall be replaced by Developer at Developer's
sole expense. The within guarantee of work shall be secured to
the City by an irrevocable letter of credit, or a corporate -surety
bond, at the election of and in an amount established by the City,
furnished by the developer to the City. Said letter of credit or
surety bond shall first be approved by the City Attorney, and
shall be in addition to, and not in lieu of, any other remedies
which may be available to the City to secure any defects in
materials and workmanship.
2.16. Liability Insurance. Developer shall take out
and maintain so long as Developer's obligations continue under
this agreement, public liability and property damage insurance
covering personal injury, including death, and claims for prop-
erty damage which may arise out of Developer's work or the work
of its subcontractors or by one directly or indirectly employed
by any of them. Limits for bodily injury or death shall be not
-5-
6-29-82
10-12-82
less than $500,000 for one person and $1,000,000 for each
accident; limits for property damage shall be not less than
$200,000 for each accident. The City shall be named as an addi-
tional named insured on said policy, and Developer shall file a
copy of the insurance coverage with the City.
2.17. Remedies Upon Default.
a. Assessments. In the event Developer shall
default in the performance of any of the covenants and
agreements herein contained, and such default shall not
have been cured within ten (10) days after receipt by
Developer of written notice thereof, the City, if it so
elects, may cause any of the required improvements to be
constructed and installed, or may take action to cure said
default, and may cause the entire cost thereof, including
all reasonable engineering, legal and administrative
expense incurred by the City, to be recovered as a special
assessment under Minnesota Statutes, Chapter 429, in which
case the Developer agrees to pay the entire amount of the
assessment roll pertaining to any such improvement within
sixty (60) days after its adoption. In addition, Developer
further agrees that in the event of its failure to pay in
full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of
Developer's real property within said plat for any amount
so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of
mechanic's liens under the laws of the State of Minnesota.
b. Legal Proceedings. In addition to the foregoing,
the City may institute any proper action or proceeding at
law or at equity to compel specific performance, to prevent
violations, or to restrain or abate violations of this
development contract.
SECTION 3. Reserved.
-6-
SECTION 4. SPECIAL CONDITIONS.
4.01. Trail System.
6-29-82
9-27-82
10-12-82
10-18-82
a. The Developer shall donate to the City a per-
petual fifteen (15) foot wide easement for a pedestrian
trail system which shall conform to the Preliminary
Development Plan previously submitted to the Planning
Commission on August 29, 1979 and identified as "Site
Plan" prepared by Herb Baldwin, Landscape Architect,
showing the trail alignment and a proposed scenic
overlook. The trail system shall be separate from the
street bituminous surface, although where adjacent to
the roadway it is within the platted right-of-way, and
may be activated by the City at any time, regardless
of whether the phase of the project over which the
trail system extends has been finally platted or
devel-oped. The obligation to furnish and install the
surfacing and to maintain the system shall be solely
that of the City.
I
iJt
t
4.02. Covenants and Restrictions. Any proposed cove-
nants or restrictions to be placed upon the lots in the subject
plat shall be approved by the City Attorney prior to recording
with the County Recorder or the Registrar of Titles. The zoning
ordinances and regulations of the City shall govern if.incon-
sistent with said covenants and restrictions to the extent .
actually inconsistent; but if not inconsistent therewith, the
standards contained in said covenants and restrictions shall be
considered as requirements in addition to said City ordinances
and regulations.
4.03. Setting of Lot and Block Monuments. Developer
shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall
be placed after construction of improvements has been completed
in order to preserve the lot markers for future property owners.
4.04. Street.
a. The North -South (Near Mountain Blvd.) and East-West
(as yet unnamed) collector streets within the development
plan shall have a right-of-way of 60 feet and a road surface
of 36 feet. All other residential streets shall have a
right-of-way of 50 feet and a road surface of 28 feet. All
cul-de-sacs shall have a platted radius of 60 feet and a
paved surface with a 40 foot radius unless otherwise approved.
b. All streets within the plat shall be constructed
with concrete curbs and gutters.
4.05. Street Maintenance During Construction. The
Developer shall be responsible for all street maintenance until
streets are accepted by the City. Warning signs shall be placed
-7-
6-29-82
when hazards develop in streets to prevent the public from tra-
veling on same and directing attention to detours. If and when
streets become impassable, such streets shall be barricaded and
closed. In the event residences are occupied prior to
completing streets, the Developer shall maintain a smooth sur-
face and provide proper surface drainage. The Developer shall
be responsible for keeping streets within and without the sub-
division swept clean of dirt and debris that may spill or wash
onto the street from his operation. The Developer may request,
in writing, that the City keep the streets open during the
winter months by plowing snow from said streets prior to final
acceptance of said streets. The City shall not be responsible
for re -shaping said streets because of snow plowing operations
if they are requested and providing snow plowing service does
not constitute final acceptance of said streets.
4.06. Street Signs. All street name and traffic signs
required within the subdivision at the time of City acceptance
shall be furnished and installed by the City at the sole cost of
the Developer.
4.07. Park Fees. Prior to the issuance of building
permits for residential construction within the plat, Developer,
it succesors or assigns, shall pay to the City the park fee then
in force pursuant to Chanhassen Ordinance 14-A and relevant City
Council Resolutions thereafter.
4.08. Undertaking in Lieu of Bond. The Developer has
submitted a proposed "undertaking in lieu of bond" (also known
as a construction loan agreement) rather than a performance bond
or security deposit to secure performance of its obligations
under the within contract. Said "undertaking" is hereby given
concept approval only subject to the following conditions:
a. All documentation evidencing the "undertaking in
lieu of bond" shall be approved by the City Attorney prior
to the commencement of work on the project.
b. The City Engineer shall do all inspection of the
work.
C. No disbursement of funds shall be made by the
escrow agent under said "undertaking" to contractors on pay
requests until the City Engineer certifies that the work has
been done in accordance with City standards and the plans
and specifications. See Exhibit C attached hereto and made
a part hereof.
4.09. Landscaping and Trees and Location of Structures
a. Landscaping and location of structures shall take
into consideration the preservation of trees, slope protec-
tion, subsurface drainage, prevention of siltation and
similar potential problems.
6-29-82
b. Trees to be provided. Developer shall provide
each single family detached dwelling with one boulevard
canopy tree with a diameter of not less than 11 inches. In
the case of corner lots, one such tree shall be furnished
for each street frontage.
4.10. Compliance with Laws, Ordinances and Regulations;
Permits. In the development of the plat, Developer shall comply
with all laws, ordinances and regulations of, and secure all
necessary permits from, the following authorities:
1. City of Chanhassen
2. State of Minnesota, its agencies, departments
and commissions
3. Department of Natural Resources
4. Riley -Purgatory Creek Watershed District
5. U.S. Army Corps of Engineers
6. Carver County Soil Conservation Service
4.11. Public Improvement Special Assessments.
Outstanding public improvements special assessments (including
interest) as originally levied shall be split and assigned to
the benefitting lots within the final plat so as not to impair
the existing repayment schedule.
SECTION 5. MISCELLANEOUS PROVISIONS.
5.01. Easements to be Shown on Plat. Easements for
drainage, storm water holding ponds, open space, pedestrian
walkways, trails, City access to storm water holding ponds for
maintenance purposes, and utility easements shall be shown on
all final plats to the extent allowable under applicable state
law. Non -qualifying easements shall be deeded to the City as
outlots or by legal description.
5.02. Proof of Title. Upon request, Developer shall
furnish the City with evidence satisfactory to the City that it
is fee owner of the subject property.
5.03. Duration of Contract: This contract shall remain
in effect until such time as Developer shall have fully per-
formed all of its duties and obligations under this contract.
Upon the written request of Developer and upon the adoption of a
resolution by the Chanhassen City Council finding that the
Developer has fully complied with all of the terms of this
contract and finding that Developer has completed performance of
all Developer's duties mandated by this contract, the Chanhassen
City Manager shall issue to the Developer on behalf of the City
an appropriate certificate of compliance for each completed and
accepted phase of the proposed development.
s"r�
` • 1
6-29-82
10-12-82
5.04. 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 property address as indicated
below. The City and the Developer, by written notice given by
one to the other, may designate any address or addresses to
which notices, certificates or other communications to them shall
be sent when required as contemplated by this agreement. Unless
otherwise provided by the respective parties, all notices, cer-
tificates and communications to each of them shall be addressed
as follows:
To the City: City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: City Manager
To the Developer: Mr. Peter Pflaum
Near Mountain Limited Partnership
935.East Wayzata Blvd.
Wayzata, MN 55391
5.05. Binding Effect. This agreement shall inure to
the benefit of and shall be binding upon the City and the
Developer and their respective successors and assigns. Nothing
in this agreement, express or implied, shall give to any person,
other than the parties hereto, and their respective successors. -
and assigns, hereunder, any benefit or other legal or equitable
right, remedy or claim under this agreement.
5.06. Severability. In the event any provisions of
this agreement shall be held invalid, illegal, or unenforceable
by any court of competent jurisdiction, such holding shall not -
invalidate or render unenforceable any other provision hereof,
and the remaining provisions shall not in any way be affected or
impaired thereby.
5.07. Execution of Counterparts. This agreement 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.
5.08. Construction. This agreement shall be construed
in accordance with the laws of the State of Minnesota.
5.09. Headings. Headings at the beginning of sections
and paragraphs hereof are for convenience of reference, and
shall not be considered a part of the text of this contract,
and shall not influence its construction.
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6-29-82
5.10. Sign Plan: Signs for the purpose of advertising
the subject property may be erected in accordance with the
Developer's sign plan only after submission to and approval by
the City Council.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
NE UNTAIN LIMITED PARTNERSHIP I
B -�-^-
General artner
CITY OF CHANHASSEN
ZLBy ,aJ l
ayor
By_XC-- ?
City Manager
Attachments:
Exhibit A: Preliminary Development Plan
Exhibit B: Preliminary Plat
Exhibit C: Construction Loan Agreement
-11-
STATE OF MINNESOTA
ss
COUNTY OF CARVER
6-29-82
On this �� day of SG.��i� , 19
before me, a notary publ' within:�4Lto
'for said County, per-
sonally appeared t�,wl and
me personally known, who,
being each by me duly sworn did say that they are respectively
the and
of the limited partnership named in the foregoing instrument,
and that said instrument was signed and sealed in behalf of said
limited partnership by authority of its
and said
acknowledged said instrument to be the free act and deed of said
limited partnership.
71.0milro',
ANNE C ERDMANN , l
TAY9 LICIWINNESOTAENNEPtN COUNTYNotary Public
omm�wwn Expires Oct 11 Ion01
STATE OF MINNESOTA
ss
COUNTY OF CARVER
On this A14* day of , 19,93i, before
me, a notary public within and for said County, personally
appeared Thomas L. Hamilton and Donald W. Ashworth, to me per-
sonally known, who being each by me duly sworn did say that they
are respectively the Mayor and City Manager of the municipal
corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said munici-
pal corporation, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council and said Thomas L. Hamilton and Donald W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
4'�-'� I �d
06tar<0 Public
KAREN J. EN'.-=ELHARDT
uot,a NOTARY PUE3LIC - MINNESOTA
Lp r 0 00 P 0 P
'+ .:.T,." My C0f111TII;:.. Al 1:A()IIC.Gi OCt. 11. 1985
-12
CITY OF /b -1
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action by CRy Administrator
Endorsed
MEMORANDUM
EEndorndor Modified
TO: Don Ashworth, City Manager
Rejected
Date
Date Submitted to Commission
FROM: Jo Ann Olsen, Asst. City Planner
DATE: April 14, 1987
Date s,rhmitted to council
1//2 a
SUBJ: Trappers Pass at Near Mountain 3rd Addition
Attached is the final plat for Trappers Pass at Near
Mountain 3rd
Addition. The final plat is consistent with the preliminary
plat
approved by the City Council on February 4, 1985.
RECOMMENDATION
Staff recommends approval of the final plat stamped
"Received
April 1, 1987" subject to submission of financial securities.
ATTACHMENTS
1. Final plat stamped "Received April 1, 1987".
2. City Council minutes dated February 4, 1985.
BD:v
a
Council Meeting February 4, 1`-•5
-B-
FINAL PLAN AMENDMENT OF THE CHESTNUT RIDGE/NEAR MOUNTAIN PUD:
Peter Pflaum - You may wonder why the specific number and the approach was, if you
remember when we started the project, we started on 101 and these are some rather
small lots up here, we went down to 7600 is the smallest. I think the average size
in the first phase is 11,000. As we moved away from 101 towards the better land, the
lots got bigger and bigger. One of the reasons in addressing the area in here, what
we tried to do is figure what the natural transition would be from a medium size lot
to the more expensive ones and we focused in on the tree line and we throught that
would be an obvious transition. It's really important in our business that you have
a logical transition from one type of housing to the next rather than jump from very
small lots to more substantial ones.
Councilwoman Swenson - How many of those Type B lots will be at the minimum 10,000
square feet.
Peter Pflaum - Very few. I think there is only one or two.
Councilwoman Swenson - I don't understand your requirement of the five and ten foot
side yard. I just don't like this at all.
Peter Pflaum - No matter how you do that you have 15 feet between houses.
Councilwoman Swenson - I know but I don't like it. I think that ruins your develop-
ment. I am opposed to anything less than the 10 foot side yard.
Peter Pflaum - Five and ten gives us more flexibility.
Councilwoman Watson - I agree. The lots are getting bigger and I don't see any
reason why.
Councilman Geving - There was some recommendations made on the width of the street.
Bill Monk - There was a recommendation on the original plan that what was considered
the major street was Near Mountain Blvd. as it came up through here and from there on
over into the condominium area, those be 36 feet wide. After looking at the section
that has been built already, how wide it is, I think a down sizing to a 32 foot
street with a standard 50 foot right-of-way is more than adequate. The neighborhood
as it goes towards the west is not going to go on and feed other large areas.
Councilman Geving - The other major recommendation was the 2500 foot cul-de-sac which
was to be created.
Bill Monk - It seems that whenever Mr. Pflaum and I sit down and go over phasing
plans, he approaches them from a marketability standpoint which is smart for him to
do and I look as more of just an access issue. I guess the one thing that we did
agree on was that a phasing plan is nothing more than a best guess and what we have
to do is review the phasing plan as it comes in. He did point out that under his
phasing plan more Type A lots get developed early on which is good but it does give
you the cul-de-sac arrangement so I think it is something we have to take a look at
when phases come in.
Councilman Gevin - I am not in favor of the five and ten foot setbacks for side
yards.
Councilman Horn - Unless I missed something it appeared to me that that was already
approved as the condition for the Type A, B, and C styles. It appears to me that if
Y
Council Meeting Februar) , 1985 -9-
we back up on that at this point we are renigging on a past commitment that we had
made and really all we are doing in this case is we are not changing any of the
guidelines of what Type A, B and C mean, all we are doing is changing the mix.
Councilman Geving - Type C with the five and ten foot side yard setback was approved
for Type C.only and we allowed that smaller lot size with the variation of the five
and ten so that the builder could have that capability of adjusting his house on the
lot. There was never any intention on my part of approving that for Type A and Type
B and I think if you look at the minutes of those meetings you will find that we
granted that for only Type C.
Councilman Horn - I was asking a question.
Bill Monk - I believe that Councilman Geving is correct. It is my understanding from
the minutes that five and ten were definitely approved for Type C. That is how they
are going in.
Councilman Horn The way the report is written it would indicate that those setbacks
are all indicated under the background information. Nothing is mentioned about those
under the section marked proposed changes in the Staff report.
Barbara Dacy - I would apologize for the confusing situation there but during our
staff research on the background of it our records show that the five and ten foot
alternating setbacks were approved for the Type C. I think what that paragraph was
intending was to explain that the developer wanted to use the same setbacks.
Mayor Hamilton - My memory seems to be the same as Clarks.
Peter Pflaum - We had a copy just like this that had the setbacks on it that was
approved.
Mayor Hamilton - We were going to review each phase but the approval was for five and
ten foot setbacks.
Bill Monk - I think Peter is right. Some of the earlier plans did say Phase A and C
and B would have the five and ten foot setbacks on either side but what we look at
when we go back to the minutes was actually approved by the Council not necessarily
what's on the plan. I know it's been discussed before. We could find no mention in
the Council minutes where the Council actually approved five and ten foot side yard
setbacks for anything but C. That maybe what people are remembering.
Mayor Hamilton - I am afraid I did not understand that to be a issue this evening.
We were talking about the swap of A's, B's, and CIS.
Councilman Horn - Could I ask the developer, would this be a big issue for you in the
proper platting of Type B housing?
Peter Pflaum - The only reason we wanted it was for flexibility in locating the
houses on some particular situation. What I would suggest as maybe a way of getting
around this is that let us look, hopefully, you will approve the plat with the ten
and ten, let us look at it and see if we can live with that then there is no issue at
all. If we can't live with that then 1 guess we have to come back and talk to you.
It is very critical in the Type C lots.
Mayor Hamilton - Are the homes selling well now?
Peter Pflaum - Yes.
*•Council Meeting February 4, 19-5
-10-
Mayor Hamilton - Are people complaining that they are too close to each other?
Peter Pflaum - The first phase, the models opened in March so in 11 months we have
sold 45. I think it has been fairly well received.
Councilman Horn - I think they were a little close in that area but I don't know what
other option we had. If I compared that to what the alternate was which was quads or
something like that, I think this much more acceptable.
Councilwoman Swenson - You are loosing six condominium units and you are loosing 13
of the Type A which is even better.
Councilman Horn - I was comparing the Type C to what was proposed initially.
Councilwoman Swenson moved to accept the final development plan amendment for the
Near Mountain PRD, Planning Case 79-2, PUD, with the City Engineer's proposed amend-
ment to the plan dated January 15, 1985, with the ten and ten side yard setbacks,
25 foot front yard setback, and Planning Commission recommendations 1-3. Motion
seconded by Mayor Hamilton.
Councilman Horn - This does not cover the Type A, this is Type B at this time?
Barbara Dacy - There may be a certain number of A units as the plans progress that
are developed and on the plan the Type A lots are to be constructed at setbacks of 30
in the front and 10 on each side as it is now in the R-lA. The Type B units are 25
in the front and as your motion, ten and ten.
Mayor Hamilton - They are asking for an amendment to final development approval which
was given some time ago. This is just an amendment and really the amendment is for
the swap of the A's and B's and condos.
Councilman Horn - We are approving both the areas indicated in A and B?
Bill Monk - Yes, you are.
Mayor Hamilton - Is there more discussion on the motion? All those in favor of the
motion say aye.
Councilwoman Swenson _ Aye.
Councilwoman Watson - Aye.
Councilman Horn - Aye.
Councilman Geving - Aye.
Mayor Hamilton - Aye. Opposed? Motion carried.
SIGN VARIANCE REQUEST, TWO TEMPORARY SIGNS, TED KORZENOWSKI:
Barbara Dacy - As you approach the 101 and Highway 5 intersection from the east, the
City sign is blocking the applicant's sign which is the reason why he is applying for
a variance. What he is requesting is two variances, one for an additional free
standing sign and a free standing sign to be located off the premises. Each sign is
proposed to measure 32 square feet. The additional free standing sign on the appli-
cants property is proposed to be located near the existing City sign. The other sign
is proposed to be located where the Chanhassen Center Building is on the north side
of Highway 5. In my report I noted that usually there is one free standing sign per
0
e
REGULAR C5ANHASSEN C? . COUNCIL MEETING
September 9, 1985
Mayor Hamilton called the meeting to order.
to the Flag.
l Members Present
Councilman Horn, Councilwoman Watson,
Councilwoman Swenosn and Councilman Geving
Members Absent
Staff Present
Don Ashworth, Barbara Dacy
and Bill Monk
The meeting was opened with the Pledge
APPROVAL OF AGENDA: Councilwoman Swenson move.d_to approve the agenda as presented
with the following additions: Discussion on the Highway 5 and Highway 212
meeting, update by the City Engineer on Bluff Creek Railroad Crossing, discussion
on the video recorder and when the tapes will be shown on cable television,
newsletter discussion and a request from Mr. Siebenaler for an extension of tearing
down his building. Motion was seconded by Councilwoman Watson. The following voted
in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and
Geving. No negative votes. Motion carried.
CONSENT AGENDA:
Councilman Horn: On item B.2., we said that the DNR also has to give approval on
that, should that be a part of this contract or is that an implied requirement?
Barb Dacy: The applicants have applied to the DNR for the 18 slips and only 12 of
them were approved. I was waiting to tell you about that as soon as I got the formal
paper work back from the DNR.
Councilman Horn: So it is not necessary to be a part of this?
Barb Dacy: No, it was made a condition on the conditional use permit also, which is
incorporated for that part of the development.
Councilman Gevino: On item e., I would like to know if we do go ahead with this
tonight with the solicitation of bids, would the project be completed this fall?
Bill Monk: Yes.
The following item was removed from the consent agenda for further discussion:
b.2) Approve Development Contract and Construction Plans
and Specifications for Red Cedar Cove, Fred Plocher
and Daryl Geske.
Councilwoman Watson moved t:, approvo• the full(,wing consent agenda items pursuant to
the City Manager's recommendations:
l.a. RESOLTUION #85-49: Accept Utility Improvements in Chestnut Ridge
at Near Mountain 2nd, 'rd and 4th Addition:.
Council Meeting, Septem: 9, 1985
b. Red Cedar Cove:
1) Approval Final Plat.
c. Approve Development Contract for Hidden Valley, United Mortgage
Corporation.
d. Zoning Ordinance Amendment to Allow Churches as a Conditional
Use in the P-1, Planned Residential District, First and Second
Reading, Judy Siegle, applicant.
e. RESOLUTION #85-50: Approve Plans and Specifications for Creekwood
Drive Street Improvements.
f. Approve 1986 Police Contract.
g. RESOLUTION #85-51: Approve Resolution Authorizing Submittal of Final
LCMR Grant Application, Lake Ann Park Ballfield Lighting.
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
RESOLUTION SUPPORTING THE UNITED WAY:
Ann Bryant: I am here from the United Way and I am here to request your support for
an event that we have going on next week, September 18th. It is a new event. It is
an occasion where we are going out trying to solicite funds from new businesses in
the community. One of the southerly suburbs which we have pinpointed is Chanhassen,
so we are looking for your support. We have a goal of $150,000. We have pinpointed
small businesses because they are where we have to go if we are going to grow
increasingly in the future. New allocations have been recommended to Carver County
and your area. They have allocated new funds last year and encouraged other agencies
within your area to petition for funding. I believe the resolution is just
requesting your support for the day.
Councilman Geving: How are you going to come into our community and do that? What
is the plan?
Ann Bryant: We have pinpointed new growing agencies. In Chanhassen they have pin-
pointed 50 new small businesses and we have recruited between 400 and 500 volunteers
for that day and each one is assigned approximately 10 different companies to go out
and meet with the CEO or the owner. So within Chanhassen there are approximately 50.
This is a new thing. It has never been done any place in the United States by any
United Way. So not only is the United Way of Minneapolis very exicited about it, but
also Nation wide they are looking at it as a target that may be an example for all over.
Councilman Horn: The only reservation I have is what does this mean if we endorse
this to our local businesses. Does it mean that we are expecting them to
participate?
Ann Brant: I believe it just means that you are supportive of it and encouraging
them to support the United Way and the whole cause. You are endorsing it thinking it
is a worth while thing that they should consider supporting. We are not going to o
out and tell the businesses that they have to support it because that is g
impossible
and we realize that. We are just encouraging them to support the United Way.
f
Nr ^ S�_(:&
'"�• United States Soil 215 East Frontage Road
Department of Conservation Agriculture Service Waconia, Minnesota 55387
Subject: Sketch Plan Review Near Mountain PUD Date: September �3, 1985
To: Jo Ann Olsen, Asst. City Planner File code:
Community Development Department
690 Coulter Drive, P. 0. Box 147
Chanhassen, Minnesota 55317
Attached find a soils map, with.the approximate plat boundaries shown,
and soil interpretation sheets describing the properties of the soil.
The soils information given is general in nature. Soil related questions
at specific locations should be addressed by a qualified soils engineer
with an on site investigation. Please review the soils interpretation
sheets; the more relevant soil properties are highlighted.
The principle limitation to home site development is the steep slopes
on the north and east side of the property. These slopes increase costs
in all phases of construction. Erosion of slopes opened for construction
is a serious potential hazard. If development is approved on these slopes,
the following items should be addressed:
(1) The grading plan should include an erosion control plan for during and
after construction.
(2) Final graded slopes should not exceed 2:1 (horizontal:vertical). Slopes
steeper than this are difficult to vegetate. If side hill seepage is sus-
pected or evident, as is possible in this type of landscape, the finished
slopes may have to be flatter. The services of a qualified soils engineer
are recommended.
(3) You will note in the Hayden soil interpretation sheet that shrink swell
and frost action are moderate potential hazards, along with slope steepness
(which is severe over 15%) to successful development of roads and building
foundations. In addition, side hill seeps (as noted in #2) may be encountered
on these slopes. Special care in design of roadways and building f_ou-.Ldstions
is needed in overcoming these potential hazards. Again, the services of a
qualified soils engineer are recommended.
(4) Homes adjacent to the wetland area should be placed at an elevation
safe from flooding. You may wish to consult with Minnesota Department of
Natural Resources, as I believe these areas are under their i1iriGr9;ni;nn
as protected wetland.
If u h e n .'uestions,
tanl'e We
Y ndland
District Conservationist
0 The Soil Conservation Service
is an agency of the
vUnited States Department of Agriculture
please give me a call at 442-5101.
CITY OF CHANHASSEN
C MUNITY DEVELOPMENT DEP
■'Aboll-!f1.1
r
r
.= FcGULAR CHANHASSEN CIT', uOUNCIL MEETING
August 19, 1985
Mayor Hamilton called the meeting to order.
to the Flag.
Members Present
Councilman Horn, Councilwoman Watson
and Councilman Geving
Members Absent
Councilwoman Swenson and Councilwoman
Watson arriving late
Staff Present
Barbara Dacy and Bill Monk
The meeting was opened with the Pledge
APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented.
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried.
CONSENT AGENDA•
The following items were removed from the consent agenda for further discussion:
I.e. Approval Conditional Use Permit for a Recreational Beachlot, Red
Cedar Cove.
f. Approval Conditional Use Permit for a Boathouse, Red Cedar Cove.
The following consent agenda item was removed from the agenda and will be placed on
a future agenda:
l.g. Approve Amended Conditional Use Permit for Gardeneer, Inc.
Councilman Horn moved to approve the following consent agenda items pursuant to the
City Manager's recommendations:
1.a. Set Assessment Hearing Dates for 201 Program and Pheasant Hill Projects.
b. Set Special Meeting Date for Budget Work Session (Sept. 30)
c. RESOLTION #85-44: Approve Request to Connect to Shorewood Sewer Service,
3520 Highway 79 Shorewood Oaks Development Corporation.
d. Approve Plans and Specifications for Maple Ridge Addition, Duane Barth.
r,. Final Plat Approval, Trapper's Pass Second Addition.
i. Grading Plan Approval, Trapper's P-,ss -econd Addition.
j. RESOLUTION #85-45: Carver County Assessing Contract.
Motion was seconded by Councilman Geving. The following voted in favor: Mayor
Hamilton, Councilmen Horn and Geving. No negative votes. Motion carried.
PUBLIC HEARING:
EASEMENT VACATION FOR LOT 8, BLOCK li SUNNY SLOPE ADDITION, ALLEN GRAY:
Mayor Hamilton called the public hearing to order.
'A',
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
April 22, 1987
Mr. Peter Pflaum
Lundgren Brothers Construction
935 E. Wayzata Boulevard
Wayzata, MN 55391
Dear Mr. Pflaum:
This is to confirm that the City Council at their April 20, 1987,
meeting, approved the final plat for Trappers Pass Third Addition
with the submittal of the required financial securities.
You may now submit the two mylars and letter of credit.
Should you have any questions, please feel free to contact me.
Sincerely,
Jo Ann Olsen
Assistant City Planner
JO:v
SCANNED
11
PHASING PLAN
FTI
NEAR MOUNTAIN
SATHRE-BERGOUl
LUNDGREN BROS. CONST. WC.
CITY OF !�
CHANHASSEN Pu�
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Mayor and City Council
FROM: Barbara Dacy, City Planner
DATE: August 16, 1985
�Y�NIi Y, ."y 11Y 11J'AmtrMo
Endorsed V
Modified
Rejected
Date
pate Submitted to Commissior
N/f3
Data Submitted I
SUBJ: Final Plat Approval - Trappers Pass at Near Mountain
Second Addition
BACKGROUND
On February 4, 1985, the City Council approved the final plan
amendment request for 51 Type A lots, 46 Type B lots, and 97 Type
C lots. The City Council approved Phase One of the amended plan
on April 1, 1985, and Phase Two on June 3, 1985.
The attached plat represents the platting of 16 additional Type A
lots. All but 8 Type B lots are now platted.
ANT AT.VQTC
The submitted final plat is consistent with the previously
approved amended preliminary plat. The wetland area indicated on
the northside of the cul-de-sac should be indicated as a drainage
easement. Plans and specifications plus the necessary financial
securities must be submitted before the final plat is signed.
RECOMMENDATION
Staff recommends approval of Trappers Pass At Near Mountain
Second Addition subject to the submission of financial securities
and plans and specifications. The plat should also be changed to
reflect a drainage easement in the wetland areas.
ATTACHMENTS
1. City Council minutes dated April 1, 1985.
2. City Council minutes dated June 3, 1985.
3. Phasing plan.
4. Final Plats stamped "Received August 13, 1985".
BD:v
REGULAR CHANHASSEN Y COUNCIL MEETING
April 1, 1985
Mayor Hamilton called the meeting to order.
to the Flag.
Members Present
Councilman Horn, Councilwoman Watson
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
and Bill Monk
The meeting was opened with the Pledge
APPROVAL OF AGENDA: Councilwoman Swenson moved to approve the agenda as presented.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamiltoi
Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes.
Motion carried.
CONSENT AGENDA: Councilwoman Watson moved to approve the following consent agenda
items pursuant to the City Manager's recommendation:
a. Final Plat Approval, Piper Ridge Subdivision, Randy Herman.
C. Final Plat Approval, Chestnut Ridge at Near Mountain 5th Addition.
d. A Resolution Establis ing a ora orium on Gambling Activities.
Final Reading. RESOLUTION #85-11
e. A Resolution Approving the Railroad Agreement for TH 101 Drainage
Improvement. RESOLUTION #85-11A
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
PUBLIC HEARING
METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS,
1779 KOEHNEN CIRCLE, BRUCE KOEHNEN
Mayor Hamilton called the hearing to order with the following interested persons
present:
Bruce Koehnen, 1779 Koehnen Circle
Sue Koehnen, 1779 Koehnen Circle
There being no public comments, Councilman Geving moved to close the public hearing.
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS, 1779 KOEHNEN CIRCLE.
BRUCE KOEHNEN:
Barb Dacy, City Planner, presented the metes and bounds subdivision of Lot 8, Harvir
Hill, as proposed by Bruce Koehnen. The lot is being split in two by extension of a
parallel line and both newly created lots meet all minimum lot ordinence require-
ments.
REGULAR CHANHASSEN CIT OUNCIL MEETING
July 15, 1985
Mayor Hamilton called the meeting to order.
to the Flag.
Members Present
Councilman Horn, Councilwoman Watson
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
and Bill Monk
The meeting was opened with
the IPledge
APPROVAL OF AGENDA: Councilwoman Watson moved to approve the Agenda as presented
with the following additions: Discussion on bowling center, discussion of Lake Susan
Park Shelter, Sue Albee Resignation, and an update report on Lake Virginia/Lake Ann
Interceptor. Motion was seconded by Councilman Horn. The following voted in favor:
Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No
negative votes. Motion carried.
CONSENT AGENDA: Councilwoman Swenson moved to approve the following consent agenda
items pursuant to the City Manager's recommendations:
l.a. Approve Plans and Specifications for Chestnut Rid„p 6th Addition
and Trapper's Pass, Lundgren Brothers.
b. RESOLUTION #85-37: Resolution Regarding Hazardous Conditions,
7600 Erie Avenue.
Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
VISITORS PRESENTATION:
Jack Melby: I am from the Lotus Lake Homeowners Association and we would like the
City to consider changing the water surface useage ordinance. We would like it to be
changed from five boats to three boats per dock on the lake. The reason for our
request of this change is to protect the lake from over surface utilization.
Steve Ray: I live on 920 Western Drive up in the Carver Beach area. I had a letter
delivered today addressed to the City Manager and all the City Council members
regarding the mishap we had last week with the broken water main. I suffered some
damage as a result of that and I have itemized those costs in the letter. It damaged
my water softener and plugged up my plumbing system.
Mayor Hamilton: This will be discussed at the end our agenda this evening.
Presentation of Alternative Transit Concept (MTC 2t-Out):
Richard Wolsfeld: In terms of the process we are going through, our objective is to
develop a transit implementation plan for the area including Chanhassen, Chaska, Eden
Prairie, and Shakopee. We have looked at the existing service, we have looked some
CITY JF"
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action by City Administrator
Endorsed `�
Modified
MEMORANDUM Rejected
Date
TO: Mayor and City Council Date Submitted to Commission
FROM: Barbara Dacy, City Planner Date EabTrtted to Council
DATE: May 30, 1985
6 /� ZLs'
SUBJ: Final Plat Review - Chestnut Ridge 6th Addition and
Trappers Pass
BACKGROUND
On February 4, 1985, the City Council approved the final plan
amendment request for 51 Type A lots, 46 Type B lots, and 97 Type
C lots. On April 1, 1985, the City Council approved the first
phase of the amended plan (Chestnut Ridge 5th Addition).
The attached plats represent Phase 2 of the approved amended plan.
ANALYSIS
The final plats are consistent with the recently amended plan.
Plans and specifications plus the necessary financial securities
must be submitted before the final plat is signed. It is staff's
understanding that the final plats for the additional phases will
be submitted within the year pending market conditions.
RECOMMENDATION
Staff recommends approval of Chestnut Ridge 6th Addition and
Trappers Pass final plats subject to the submission of the finan-
cial security and plans and specifications.
ATTACHMENTS
1. City Council minutes dated February 4, 1985.
2. City Council minutes dated April 1, 1985.
3. Proposed phasing plan.
4. Final plats stamped "Received May 10, 1985".
Council Meeting February 4. -95
-B-
FINAL PLAN AMEN!,!,F',T OF THE CHESTNUT RIDGE/NEAR MOUNTAIN PUD:
fr'NPeter Pflaum - You may wonder why the specific number and theapproach was, if you
remember when we started the project, we started on 101 and.:these are some rather
small lots up here, we went down to 7600 is the smallest. I think the average size
in the first phase is 11,000. As we moved away from 101 towards the better land, the
lots got bigger and bigger. One of the reasons in addressing the area in here, what
we tried to do is figure what the natural transition would be from a medium size lot
to the more expensive ones and we focused in on the tree line and we throught that
would be an obvious transition. It's really important in our business that you have
a logical transition from one type of housing to the next rather than jump from very
small lots to more substantial ones.
Councilwoman Swenson - How many of those Type B lots will be at the minimum 10,000
square feet.
Peter Pflaum - Very few. I think there is only one or two.
Councilwoman Swenson - I don't understand your requirement of the five and ten foot
side yard. I just don't like this at all.
Peter Pflaum - No matter how you do that you have 15 feet between houses.
Councilwoman Swenson - I know but I don't like it. I think that ruins your develop-
ment. I am opposed to anything less than the 10 foot side yard.
Peter Pflaum - Five and ten gives us more flexibility.
Councilwoman Watson - I agree. The lots are getting bigger and I don't see any
reason why.
Councilman Gevinq - There was some recommendations made on the width of the street.
Bill Monk - There was a recommendation on the. original plan that what was considered
the major street was Near Mountain Blvd. as it came up through here and from there on
over into the condominium area, those be 36 feet wide. After looking at the section
that has been built already, how wide it is, I think a down sizing to a 32 foot
street with a standard 50 foot right-of-way is more than adequate. The neighborhood
as it goes towards the west is not going to go on and feed other large areas.
Councilman Geving - The other major recommendation was the 2500 foot cul-de-sac which
was to be created.
Bill Monk - It seems that whenever Mr. Pflaum and I sit down and go over phasing
plans, he approaches them from a marketability standpoint which is smart for him to
do and I look as more of just an access issue. I guess the one thing that we did
agree on was that a phasing plan is nothing more than a best guess and what we have
to do is review the phasing plan as it comes in. He did point out that under his
phasing plan more Type A lots get developed early on which is good but it does give
you the cul-de-sac arrangement so I think it is something we have to take a look at
when phases come in.
Councilman Gevinq - I am not in favor of the five and ten foot setbacks for side
yards.
Councilman Horn - Unless I missed something it appeared to me that that was already
approved as the condition for the Type A, B, and C styles. It appears to me that if
Council Meeting February 4, -10- r
Mayor Hamilton - Are people complaining that they are too close to each other?
Peter Pflaum - The first phase, the models opened in March so in 11 months we have
sold 45. I think it has been fairly well received.
Councilman Horn - I think they were a little close in that area but I don't know what
other option we had. If I compared that to what the alternate was which was quads or
something like that, I think this much more acceptable.
Councilwoman Swenson - You are loosing six condominium units and you are loosing 13
of the Type A which is even better.
Councilman Horn - I was comparing the Type C to what was proposed initially.
Councilwoman Swenson moved to accept the final development plan amendment for the
Near Mountain PRD, Planning Case 79-2, PUD, with the City Engineer's proposed amend-
ment to the plan dated January 15, 1985, with the ten and ten side yard setbacks,
25 foot front yard setback, and Planning Commission recommendations 1-3. Motion
seconded by Mayor Hamilton.
Councilman Horn - This does not cover the Type A, this is Type 8 at this time?
Barbara Dacy - There may be a certain number of A units as the plans progress that
are developed and an the plan the Type A lots are to be constructed at setbacks of 30
in the front and 10 on each side as it is now in the R-IA. The Type B units are 25
in the front and as your motion, ten and ten.
Mayor Hamilton - They are asking for an amendment to final development approval which
was given some time ago. This is just an amendment and really the amendment is for
the swap of the A's and B's and condos.
Councilman Horn - We are approving both the areas indicated in A and B?
—r—
Bill Monk - Yes, you are.
Mayor Hamilton - Is there more discussion on the motion? All those in favor of the
motion say aye.
Councilwoman Swenson - Aye.
Councilwoman Watson - Aye.
Councilman Horn - Aye.
Councilman Geving - Aye.
Mayor Hamilton - Aye. Opposed? Motion carried.
SIGN VARIANCE REQUEST, TWO TEMPORARY SIGNS, TED KORZENOWSKI:
Barbara Dacy - As you approach the 101 and Highway 5 intersection from the east, the
City sign is blocking the applicant's sign which is the reason why he is applying for
a variance. What he is requesting is two variances, one for an additional free
standing sign and a free standing sign to be located off the premises. Each sign is
proposed to measure 32 square feet. The additional free standing sign on the appli-
cants property is proposed to be located near the existing City sign. The other sign
is proposed to be located where the Chanhassen Center Building is on the north side
Of Highway 5. In my report I noted that usually there is one free standing sign per
REGULAR CHANHASSEN CI COUNCIL MEETING
April 1, 1985
Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge
to the Flag.
Members Present
Councilman Horn, Councilwoman Watson
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
and Bill Monk
APPROVAL OF AGENDA: Councilwoman Swenson moved to approve the agenda as presented.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes.
Motion carried.
CONSENT AGENDA: Councilwoman Watson moved to approve the following consent agenda
items pursuant to the City Manager's recommendation:
a. Final Plat Approval, Piper Ridge Subdivision, Randy Herman.
C. Final Plat Approval, Chestnut Ridge at Near Mountain 5th Addition.
d. A Resolution Establishing a Moratorium on Gambling Activities.
Final Reading. RESOLUTION #85-11
e. A Resolution Approving the Railroad Agreement for TH 101 Drainage
Improvement. RESOLUTION #85-11A
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
PUBLIC HEARING
METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS,
1779 KOEHNEN CIRCLE, BRUCE KOEHNEN
Mayor Hamilton called the hearing to order with the following interested persons
present:
Bruce Koehnen, 1779 Koehnen Circle
Sue Koehnen, 1779 Koehnen Circle
There being no public comments, Councilman Geving moved to close the public hearing.
Motion was seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS. 1779 KOEHNEN CIRCLE;
BRUCE KOEHNEN:
Barb Dacy, City Planner, presented the metes and bounds subdivision of Lot 8, Harvir
Hill, as proposed by Bruce Koehnen. The lot is being split in two by extension of a
parallel line and both newly created lots meet all minimum lot ordinence require-
ments.
L i
P
'ONI'ISNOD'SOUG N
NIVINnow L
N-1 --- - EE
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
April 16, 1985
Mr. Robert Payette
Sathre-Bergquist, Inc.
106 South Broadway
Wayzata, MN 55391
Dear Mr. Payette:
At their meeting of April 15, the City Council approved the
construction plans and specifications for Chestnut Ridge at Near
Mountain 5th Addition including Addendum No. 1 dated March 25 and
the Watershed District conditions dated April 3. The filings of
the financial guarantee along with the final plat remain the only
items to be completed prior to commencement of construction.
Should you have any questions concerning the above mentioned
items, please let me know.
Sincerely,
William Monk
City Engineer
WM:k
REGULAR CHANHASSEN CITY COUNCIL MEETING
April 15, 1985
Mayor Hamilton called the meeting to order.
to the Flag.
Members Present
Councilman Horn, Councilwoman Watson
Councilman Geving, and Councilwoman Swenson
Members Absent
None
Staff Present
Don Ashworth, Barbara Dacy,
Bill Monk, and Roger Knutson
APPROVAL OF AGENDA:
The meeting was opened with the Pledge
Councilwoman Swenson moved to approve the Agenda as presented with the following
additions: discussion of tenant in the Old Instant Web Building, the extension of
item #11 , Set Meeting Date for Field Review of TRI Properties Conditional Use Permit,
for a trip also to Lake Lucy Road and Bluff Creek Drive, and discussion on The Board
of Equalization Meeting, May 13, 1985. Motion was seconded by Councilwoman Watson.
The fol-lowing voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson,
Councilmen Horn and Geving. No negative votes. Motion carried.
CONSENT AGENDA:
The following i-tem was removed from the consent agenda for further discussion:
I.C. Ordinance No. 22-B, Amendment to Nuisance Ordinance
Regarding Tree Hole Mosquito, Final Reading.
Councilman Geving moved to approve the following consent agenda items pursuant to the
City Manager's recommendations:
l.a. Final Plat Approval, Stoddart Addition, Russell Stoddart.
l.b. Approve Construction Plans and Specification for Chestnut
Ridge at Near Mountain 5th Addition.
l.d. Amend Conditional Use Permit for Contractor's Yard, 6420
Powers Boulevard, Larry Kerber
Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative
votes. Motion carried.
APPROVAL OF MINUTES:
Councilwoman Watson moved to approve the March 11, 1985 City Council minutes. Motion
was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton,
Councilwomen Watson, Councilmen Horn and Geving. Councilwoman Swenson abstained.
Motion carried.
Councilwoman Watson moved to approve the March 18, 1985 City Council minutes with the
following noted change: The City Engineer's recommendation #6 for the conditional
use permit for landscaping contractor's yard activities, David Stockdale, one-half
mile north of HWY 5 on Galpin Boulevard be changed to read as follows: Based on the
revised plan presented at the Council meeting showing the reduction of the parking
area by approximately 30 feet along Galpin Boulevard which dictates an 80 foot front
CITY bF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
August 20, 1985
Mr. Peter Pflaum
Lundgren Brothers Construction
935 East Wayzata
Wayzata, MN 55391
Dear Mr. Pflaum:
This is to confirm that on August 19, 1985, the City Council
approved the Final Plat for Trappers Pass at Near Mountain 2nd
Addition. This approval was conditioned on the wetland area,
north of the survey line, being designated as a drainage easement
(Attachment #1). Please make note of this and reflect the change
on your mylar and hardshell copies.
Should you have any questions, please call me.
Sincerely,
Jo Ann Olsen
Assistant City Planner
JO:v
Enclosure
SCANNED
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CITY OF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN MINNESOTA 55317
(612) 937-1900 ion by any Aammistratot
\ Endorsed
Modified
MEMORANDUM
TO: Mayor and City Council
FROM: Barbara Dacy, City Planner
DATE: March 27, 1985
Reiected
Date
Date Submitted to Commissioa
Date Submitted to Council
yl// PSr
SUBJ: Final Plat Review Chestnut Ridge at Near Mountain 5th
Addition
BACKGROUND
On February 4, 1985 the City Council approved the final plan
amendment request for 51 Type A lots, 46 Type B lots, and 97 Type
C lots. This plat represents Phase I of the approved amended
plan.
ANALYSIS
The final plat is consistent with the recently amended plan. The
plans and specifications for the improvements have been submitted
and are now being reviewed by the City Engineer. The development
contract that was approved for the earlier additions of Near
Mountain apply to this plat as well.
RECOMMENDATION
Staff recommends approval of Chestnut Ridge at Near Mountain 5 th
Addition Final Plat subject to the following conditions:
1. Continuation of the berm along the south boundary of Lots
1-5, Block 1 and Lot 1, Block 2.
2. A twenty-five foot front setback and a ten foot side setback.
3. Approval of improvement plans and specifications.
ATTACHMENTS
1. City Council minutes dated February 4, 1985.
2. Copy of the approved amended preliminary plan.
3. Proposed phasing plan.
4. Final plat stamped "Received March 21, 1985".
rCouncil Meeting February 4, -0.5
(`\
-10-
Mayor Hamilton - Are people complaining that they are too close to each other?
Peter Pflaum - The first phase, the models opened in March so in 11 months we have
sold 45. I think it has been fairly well received.
Councilman Horn - I think they were a little close in that area but I don't know what
other option we had. If I compared that to what the alternate was which was quads or
something like that, I think this much more acceptable.
Councilwoman Swenson - You are loosing six condominium units and you are loosing 13
of the Type A which is even better.
Councilman Horn - I was comparing the Type C to what was proposed initially.
Councilwoman Swenson moved to accept the final development plan amendment for the
Near Mountain PRO, Planning Case 79-2, PUD, with the City Engineer's proposed amend-
ment to the plan dated January 15, 1985, with the ten and ten side yard setbacks,
25 foot front yard setback, and Planning Commission recommendations 1-3. Motion
seconded by Mayor Hamilton.
Councilman Horn - This does not cover the Type A, this is Type B at this time?
Barbara Dacy - There may be a certain number of A units as the plans progress that
are developed and on the plan the Type A lots are to be constructed at setbacks of 30
in the front and 10 on each side as it is now in the R-IA. The Type B units are 25
in the front and as your motion, ten and ten.
Mayor Hamilton - They are asking for an amendment to final development approval which
was given some time ago. This is just an amendment and really the amendment is for
the swap of the A's and B's and condos.
Councilman Horn - We are approving both the areas indicated in A and B?
Bill Monk - Yes, you are.
Mayor Hamilton - Is there more discussion on the motion? All those in favor of the
motion say aye.
Councilwoman Swenson - Aye.
Councilwoman Watson - Aye.
Councilman Horn - Aye.
Councilman Gevin,: - Aye.
Mayor Hamilton - Aye. Opposed? Motion carried.
SIGN VARIANCE REQUEST, TWO TEMPORARY SIGNS, TED KORZENOWSKI:
Barbara Dacy - As you approach the 101 and Highway 5 intersection from the east, the
City sign is blocking the applicant's sign which is the reason why he is applying for
a variance. What he is requesting is two variances, one for an additional free
standing sign and a free standing sign to be located off the premises. Each sign is
proposed to measure 32 square feet. The additional free standing sign on the appli-
cants property is proposed to be located near the existing City sign. The other sign
is proposed to be located where the Chanhassen Center Building is on the north side
Of Highway 5. In my report I noted that usually there is one free standing sign per
Council Meeting Februa: , 1985
we back up on that at this point we are renigging on a past commitment that we had
made and really all we are doing in this case is we are not changing any of the
guidelines of what Type A, B and C mean, all we are doing is changing the mix.
Councilman Gevin - Type C with the five and ten foot side yard setback was approved
for Type C only and we allowed that smaller lot size with the variation of the five
and ten so that the builder could have that capability of adjusting his house on the
lot. There was never any intention on my part of approving that for Type A and Type
B and I think if you look at the minutes of those meetings you will find that we
granted that for only Type C.
Councilman Horn - I was asking a question.
Bill Monk I believe that Councilman Geving is correct. It is my understanding from
the minutes that five and ten were definitely approved for Type C. That is how they
are going in.
Councilman Horn = The way the report is written it would indicate that those setbacks
are all indicated under the background information. Nothing is mentioned about those
under the section marked proposed changes in the Staff report.
Barbara Dacy - I would apologize for the confusing situation there but during our
staff research on the background of it our records show that the five and ten foot
alternating setbacks were approved for the Type C. I think what that paragraph was
intending was to explain that the developer wanted to use the same setbacks.
Mayor Hamilton - My memory seems to be the same as Clarks.
Peter. Pflaum - We had a copy just like this that had the setbacks on it that was
approved.
Mayor Hamilton - We were going to review each phase but the approval was for five and
ten foot setbacks.
Bill Monk - I think Peter is right. Some of the earlier plans did say Phase A and C
and B would have the five and ten foot setbacks on either side but what we look at
when we go back to the minutes was actually approved by the Council not necessarily
what's on the plan. I know it's been discussed before. We could find no mention in
the Council minutes where the Council actually approved five and ten foot side yard
setbacks for anything but C. That maybe what people are remembering.
Mayor Hamilton - I am afraid I did not understand that to be a issue this evening.
We were talking about the swap of A's, B's, and C's.
Councilman Horn - Could I ask the developer, would this be a big issue for you in the
proper platting of Type B housing?
Peter Pflaum - The only reason we wanted it was for flexibility in locating the
houses on some particular situation. What I would suggest as maybe a way of getting
around this is that let us look, hopefully, you will approve the plat with the ten
and ten, let us look at it and see if we can live with that then there is no issue at
1 all. If we can't live with that then I guess we have to come back and talk to you.
It is very critical in the Type C lots.
Mayor Hamilton - Are the homes selling well now?
Peter Pflaum - Yes.
Coun"c}l Meeting February
FINAL PLAN AMENDMENT OF THE CHESTNUT RIDGE/NEAR MOUNTAIN PUD
Peter Pflaum - You may wonder why the specific number and the. approach was, if" you
remember when we started the project, we started on 101 and .these are some rather
small lots up here, we went down to 7600 is the smallest. I think the average size
in the first phase is 11,000. As we moved away from 101 towards the better land, the
lots got bigger and bigger. One of the reasons in addressing the area in here, what
we tried to do is figure what the natural transition would be from a medium size lot
to the more expensive ones and we focused in on the tree line and we throught that
would be an obvious transition. It's really important in our business that you have
a logical transition from one type of housing to the next rather than jump from very
small lots to more substantial ones.
Councilwoman Swenson - How many of those Type B lots will be at the minimum 10,000
square feet.
Peter Pflaum - Very few. I think there is only one or two.
Councilwoman Swenson - I don't understand your requirement of the five and ten foot
side yard. I just don't like this at all.
Peter Pflaum - No matter how you do that you have 15 feet between houses.
Councilwoman Swenson - I know but I don't like it. I think that ruins your develop-
ment. I am opposed to anything less than the 10 foot side yard.
Peter Pflaum - Five and ten gives us more flexibility.
Councilwoman Watson - I agree. The lots are getting bigger and I don't see any
reason why.
Councilman Geving - There was some recommendations made on the width of the street.
Bill Monk - There was a recommendation on the. original plan that what was considered
the major street was Near Mountain Blvd. as it came up through here and from there on
over into the condominium area, those be 36 feet wide. After looking at the section
that has been built already, how wide it is, I think a down sizing to a 32 foot
street with a standard 50 foot right-of-way is more than adequate. The neighborhood
as it goes towards the west is not going to go on and feed other large areas.
Councilman Gevinq - The other major recommendation was the 2500 foot cul-de-sac which
was to be created.
Bill Monk - It seems that whenever Mr. Pflaum and I sit down and go over phasing
plans, he approaches them from a marketability standpoint which is smart for him to
do and I look as more of just an access issue. I guess the one thing that we did
agree on was that a phasing plan is nothing more than a best guess and what we have
to do is review the phasing plan as it comes in. He did point out that under his
phasing plan more Type A lots get developed early on which is good but it does give
you the cul-de-sac arrangement so I think it is something we have to take a look at
when phases come in.
Councilman Gevinq - I am not in favor of the five and ten foot setbacks for side
yards.
Councilman Horn - Unless I missed something it appeared to me that that was already
approved as the condition for the Type A, 8, and C styles. It appears to me that if
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Riley- Purgatory Creek Watershed Distric
8950 EDEN PRAIRIE RE
EDEN PRAIRIE, MINNESOTA 5534
April 3, 1985
Mr. Robert E. Payette
Sathre-Bergquist, Inc.
106 South Broadway
Wayzata, Minnesota 55391
Re: Chestnut Ridge at Near Mountain 5th Addition: Chanhassen
Dear Mr. Payette:
The Board of Managers of the Riley -Purgatory -Bluff Creek Watershed Dis-
trict has reviewed the plans and grading and land alteration permit applica-
tion as submitted to the District for site grading and utility installation on
the Chestnut Ridge at Near Mountain 5th Addition in Chanhassen.
The Managers approve the grading and land alteration permit subject to
the following conditions:
1. All erosion control measures shown on the plans must be installed
prior to commencement of grading operations and be maintained until
all areas altered on the site have been restored.
If silt is used, the maximum spacing between posts is 4 foot on
center and all posts must be either 2" x 2" oak, pine or steel fence
posts.
2. All areas altered because of construction must be restored with
seed and disced mulch, sod, wood fiber blanket or be hard surfaced
within 2 weeks after completion of construction or no later than
September 15, 1985.
Areas altered with a slope of 3:1 or greater must be restored with
sod or wood fiber blanket.
3. The plans indicate that homes are to be constructed adjacent to an
existing pond on the east side of the site, Lots 1-7, Block 4 and
also adjacent to a detention basin to be located on the west side of
the site, Lots 2-4, Block 3 of this development. The District
understands that the outlets for both of these basins are surface
overflows with permanent storm sewer outlets, being installed as
part of future additions to this development. The construction
plans submitted indicate that the surface overflow from the exist-
ing ponding basin is 923.6, and for the proposed ponding basin is
912.0. The calculated 100-year flood elevations of the existing and
proposed ponding basin are 925 and 913, respectively. Because the
RECET, F.n
APR 151985
CITY nF r.NANHASSEN
Mr. Robert E. Payet
Page 2
April 3, 1985
100-year frequency flood elevations for both basins are higher than
the surface overflow, the District will require that homes to be
constructed adjacent to these ponding basins be set at a minimum of
2 feet above the calculated 100-year frequency flood elevation.
4. The District must be notified a minimum of 48 hours prior to com-
mencement of construction.
If you have any questions regarding the conditions of the District's
permit, please call us at 920-0655.
RCO/111
c: Mr. Frederick Richards
Mr. Frederick Rahr
Mr. Bill Monk
Sincerely,
i
Robert' C. Obermeyer
BARR ENGINEERING CO!
Engineers for the District
Approved by the Board of Managers
RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
L r
Date:
President
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
April 5, 1985
Mr. Peter Pflaum
Near Mountain Partnership I
935 E. Wayzata Boulevard
Wayzata, MN 55391
Dear Mr. Pflaum:
This is to formally notify you that the City Council at the April
1, 1985 meeting approved your final plat request for Chestnut
Ridge at Near Mountain 5th Addition subject to the following con-
ditions:
1. Continuation of the berm along the south boundary of Lots
1-5, Block 1 and Lot 1, Block 2.
2. A 25 foot front setback and a 10 foot side setback.
3. Approval of improvement plans and specifications.
Please submit two hardshells and two mylars of the final plat for
city review and signatures.
Please feel free to contact me if you have any questions.
Serely
Barbara Dacy
City Planner
BD:v
STAFF REPORT
CITY OF 6
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 r MOn by M Administrator.
Endorsed
Modified
Rejected
TO: Chanhassen Planning Commission mot'
Date Submitted to CommissioA
FROM: Jo Ann Olsen, Asst. City Planner
Date Submitted to Counc#
DATE: January 17, 1985 2-r5yfs'**
SUBJ: Final Development Plan Amendment for the Near Mountain
Planned Residential Development, Near Mountain Partnership I
PLANNING CASE: 79-2 PUD
GENERAL INFORMATION
Applicant
Status of Applicant
Requested Action
Purpose
Existing Zoning
Location
Size
Existing Land Use
Adjacent Land Use and Zoning
Near Mountain Partnership I
935 E. Wayzata Blvd.
Wayzata, MN 55391
Owner/developer
To amend the final development
plan.
To increase the number of Type B
units and decrease the number of
Type A and condominiums.
P-1, Planned Residential
Development District
The southwest corner of the inter-
section of Townline Road and T.H.
101.
Approximately 153 acres
Single family housing/vacant
North: Shorewood, future single
family development
South: Agricultural; R-la
East: Eden Prairie, agricultural
West: Agricultural; P-1
Near Mountain Final Plan Amendment
January 17, 1985
Page 2
Adopted Comprehensive Plan
a. Land Use Plan: The Near Mountain P.R.D. is
designated as Medium Density
Residential (Type C area) with the
remaining property being
designated as Residential -Low
Density.
b. Transportation: Near Mountain is accessed by
Pleasant View and Townline Road
which are designated as local
streets.
Zoning History On May 11, 1981, the City Council
approved the Near Mountain Final
Development Plan and rezoned the
property to P-1, Planned
Residential Development District.
On February 27, 1984, the City
Council approved the Near Mountain
Final Development Plan Amendment,
allowing 31 single family detached
dwelling units instead of 36 quad
home units (see Attachments #2 & #3).
SPECIAL INFORMATION
Public Utilities Lateral extensions from sanitary
sewer and water lines are already
in place in Pleasant View Road and
those previously installed in
earlier phases of Near Mountain
will provide utility service to
the balance of the proposed plat.
REFERRAL AGENCY REVIEW
City Engineer See attached.
Minnesota DNR See attached.
Minnegasco Natural gas is available.
Minnesota Dept. of Transporation No comment.
BACKGROUND
The Near Mountain Planned Residential Development has a total of 153
acres of hilly and wooded property. Both the approved (2-27-84) and
proposed (1-14-85) Final Development Plan breaks the 153 acres into
Near Mountain Final Plan Amendment
January 17, 1985
Page 3
four types of housing development, Type C, Type B, Type A and con-
dominiums (see Attachments #6 & #7). Type C is designed for single
family detached dwellings averaging from 900 square feet to 2,000
square feet with an average lot size of 13,709 square feet. Type B is
designed for approximately the same size housing unit as Type C but
with an average lot size of 19,263 square feet. Type A proposes
larger custom built homes and larger lot sizes averaging 33,263 square
feet. The condominium area has not yet been planned. The intent
behind these different areas of development was to have the quality of
lots and housing increase with the quality of land. To this date,
only the Type C area has been formally platted with lots now being
developed.
Reduced setbacks have been utilized in the Type C area with a front
yard setback of 25 feet and alternating side yards of 5'-101. The
reduced setbacks will be continued into the Type B area. The Type A
area will return to the standard front and side yard setbacks of
30'-10'. These reduced setbacks allow site design flexibility so that
the existing natural features can be used to their fullest potential.
Proposed _Chanjs
The approved Final Development Plan proposed a total of 308 dwelling
units. The applicant now intends to amend the plan by proposing the
same number of dwelling units, but with more Type B units and less
Type A and condominiums. The following table illustrates the proposed
changes in housing types.
Housing Type Approved _Plan Proposed Plan
Difference
Type A
64
51
-13
Type B
27
46
+19
Type C
97
97
Same
Condominiums
120
114 _
-6
Total
308
308
The amended plan is proposing to exchange 13. Type A developments and 6
condominiums for an additional 19 Type B units.
The street alignment has changed slightly; however, the overall effect
is minor and allows for a better lot layout. Staff is recommending
that the major east -west and north -south roadways be platted to a 50
foot wide right-of-way and a 32 foot wide street section (see City
Engineer's memo, Attachment #4).
The shape of the intermediate ponding areas have been changed slightly
but this will not impact their effectiveness at maintaining water
quality.
Near Mountain Final Plan Amendment
January 17, 1985
Page 4
AMAT.VSTG
The proposed development plan amendment is increasing the Type B area
by 19 lots. These 19 Type B lots are being proposed in exchange for
13 Type A lots and 6 condominium units. In addition, the street
alignment and shape of the ponding areas have been changed slightly,
but these proposed variations will not impact the design, and in fact,
allows for a better lot layout. Staff is recommending that the major
north -south and east -west roadways be reduced from a 60 foot wide
right-of-way to a 50 foot width right-of-way and a 32 foot wide street
section.
Currently, development is taking place in the Type C area. Reduced
front and side yard setbacks of 25' and 5'/10' are being utilized in
this area and it is the intention of the developers to continue these
reduced setbacks in the Type B area. Staff believes these reduced
setbacks can be continued into the Type B area without adversely
impacting surrounding property and will allow the developer flexibi-
lity in site design. A berm has been placed between Pleasant View
Road and the southern properties in the Type C area. Staff is recom-
mending that this berm be continued along the Type B and A areas.
Since the approval of this development plan in 1984, the city's
Wetland Ordinance has been passed. On the northern part of the
property, above the Type A and Type B areas, there is a Class A
wetland. The lots abutting this wetland meet the requirements of the
Wetland Ordinance and allow enough area for a structure to meet the 75
foot setback.
Staff would like to further discuss the phasing plan for Near Mountain
Development (Attachment #8) with the Planning Commission and developers.
Phase I is suitable to staff, but Phase II results in a 2500 foot cul-
de-sac. One option for discussion, is to include Phase IV as part of
Phase I in exchange for the western portion of Phase II. This will
allow the street to loop around and will increase access to the area.
RECOMMENDATION
The Planning staff recommends that the Planning Commission adopt the
following motion:
"The Planning Commission recommends approval of the Final Development
Plan Amendment as depicted on the Sathre-Bergquist, Inc. proposed
Amended Plan dated January 14, 1985 with the following conditions:
1. That the major north -south and east -west roadways have a 50 foot
wide right-of-way and a 32 foot wide street section.
2. That the existing berm located on the property south of the Type C
area be continued along the south boundary of the Type B area.
Near Mountain Final Plan Amendment
January 17, 1985
Page 5
PLANNING COMMISSION ACTION
The Commissioners unanimously recommended the City Council approve the
Final Development Plan Amendment #79-2 with the following conditions:
1. That the major north -south and east -west roadways have a 50 foot
wide right-of-way and a 32 foot wide street section.
2. That the existing berm located on the property south of the Type C
area be continued along the south boundary of the Type B area.
3. The applicant work with staff on the phasing plan as the
final plats are processed.
The motion was made by Merz and seconded by J. Thompson.
STAFF UPDATE
At the Planning Commission meeting, the developer, the Commission
and staff discussed the proposed phasing plan. The developer
indicated that the proposed phasing plan was based on a market
analysis to allow the availability of a mixture of Type B and
Type A units; however, the applicant indicated that market trends
may change. As the development progresses over time, and as the
developer files the final plats, the city would have the ability
to review the proposed phasing.
REPORT ATTACHMENTS
1.
Location map.
2.
City Council minutes dated
February 27, 1984.
3.
Planning Commission minutes
dated February
8, 1984.
4.
City Engineer memo dated January 15, 1985.
5.
DNR memo dated January 15,
1985.
6.
Approved Amended Plan, Near
Mountain dated
January, 1984.
7.
Proposed Amended Plan, Near
Mountain dated
January, 1985.
8.
Phasing Plan, Near Mountain
dated January,
1985.
9.
Illustrations of Type B and
C Housing.
10.
Application.
11.
Planning Commission minutes
dated January
23, 1985.
Council Meeting Februar%- 7, 1984
-2-
•REZONING, SUBDIVISION -AND SITE PLAN, SUNNYBROOK DEVELOPMENT GROUP:
'The City Attorney
rezoning. Action
presented.
recommended that the Council action not include the
on the rezoning should occur at the time that the plat
Councilwoman Watson moved to approve
for the Sunnybrook Development Group.
The following voted in favor: Mayor
Watson, Councilmen Horn. No negative
is
the site plan and preliminary plat
Motion seconded by Councilman Horn.
Hamilton, Councilwomen Swenson and
votes. Motion carried.
APPLICATION FOR INDUSTRIAL REVENUE BONDS, SUNNYBROOK DEVELOPMENT GROUP:
RESOLUTION #84-08: Councilman Horn moved the adoption of a preliminary
resolution subject to the condition that the bonds be privately placed and
that all requirements of City Resolution #81-07 be met prior to approval of
a final resolution authorizing the issuance of the bonds. Resolution
seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative
votes. Motion carried.
PUBLIC HEARING
NEAR MOUNTAIN
FINAL DEVELOPMENT PLAN AMENDMENT
STREET AND EASEMENT VACATION REQUESTS
Mayor Hamilton called the hearing to order with the following interested
persons present:
Peter Pflaum, 18070 Breezy Point Road, Wayzata
Rick Denman, Lundgren Bros. Const.
Dennis Mulvey, 935 E. Wayzata Blvd.
Rick Sathre, Sathre-Bergquist, Inc.
There being no further comment from the public, Councilwoman Swenson moved
to close the public hearing. Motion seconded by Councilman Horn. The
following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson,
Councilmen Horn. No negative votes. Motion carried.
FINAL DEVELOPMENT PLAN AMENDMENT, STREET AND EASEMENT VACATION, NEAR
MOUNTAIN:
RESOLUTION #84-09: Councilwoman Swenson moved the adoption of a resolution
to accept the final development plan amendment, street and easement vaca-
tion for Near Mountain PRD, Lundgren Bros. as depicted on the
Sathre-Bergquist, Inc. proposed amended plan for Near Mountain and the
Sathre-Bergquist, Inc. legal descriptions of proposed street, utility and
drainage easement vacations dated received February 2, 1984. Resolution
seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative
votes. Motion carried.
MINUTES: Councilwoman Swenson moved to note the February 8, 1984, Planning
Commission minutes. Motion seconded by Councilman Horn. The following
voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson,
Councilmen Horn. No negative votes. Motion carried.
SUBDIVISION AND VARIANCE REQUEST, 1381 LAKE LUCY ROAD, TED COEY: Al
Klingelhutz and Ted Coey were present.
Mayor Hamilton - I wanted clarification from the staff on two items. The
applicant record the proposed subdivision in the form of a plat. If I can
have some clarification on that, and the building plans for the proposed
homes on Parcels A and B be certified by a registered architect or
engineer. #
Planning Commission Minutes
February 8, 1984
Page 2
surveyor felt that it was the best layout for the property and also
that a metes and bounds description was just as good as RLS or lots
and blocks. Mr. Happe also stated that he will get percolation
tests done when the snow melts.
Waibel stated that Mr. Happe would have to submit the request to
build the home in the middle of parcel 2 to the Board of
Adjustments and Appeals for a variance at the time a building
permit is taken out.
S. Albee moved, seconded by J. Thompson to close the public
hearing. All voted in favor and the motion carried.
The Commissioners wanted to know how if the City would be liable
for failing septic systems. They felt they could not make a
recommendation because there were no percolation tests done. They
noted that there were 5 variances to be dealt with on the sub-
division.
M. Thompson moved, seconded by J. Thompson that the Planning
Commission deny the request based on there being 5 variances
requested, 201 study results were "marginal to failing" on the
existing septic system and that the applicant wants to record the
C property in metes and bounds. J. Thompson, S. Albee, B. Ryan and
M. Thompson voted in favor. L. Conrad voted nay. Motion carried.
*On February 22, 1984 the Planning Commission added the following
statement to the above recommendation, "Commissioners J. Thompson
and Albee stated that they are still unhappy about the allowing
of 21 acre subdivisions in the unsewered areas."
Final Development Plan Amendment, Street and Easement Vacation
Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing.
Public Present
Rick Denman Lundgren Brothers
Sherman Goldberg Lundgren Brothers
Dennis Mulvey Lundgren Brothers
Peter Pflaum Lundgren Brothers
Nancy Osgood 745 Pleasant View Road
Alan Kramer 531 Indian Hill Road
Waibel stated that the request is for final plan amendment and
street and utility easement vacation approval for the Near,Mountain
P.R.D. He noted that in review of this request a discrepancy in the
number of units was discovered. Apparently the preliminary plat
showed only 134 family units as opposed to the previously
approved 144 units. The amendment request is an increase in pro-
ject area from 147 acres to 153 acres and a denisty increase of
`— .07 units per acre. He stated that staff finds that the reduced
average lot size is minor as well as the overall project density
Planning Commission Minutes
February 8, 1984
C Page 3
change of 1.94 to 2.01 units per acre. He stated that the pro-
posed gross density is .2 units below the minimum density
prescribed in the Comprehensive Plan which states the low density
residential areas shall have a density range of 2.2 to 3.4 units
per. acre.
Waibel stated that the City Engineer indicated that the street
and easement vacations are of no detriment to the City and result
in overall improvement to the plan.
The applicants had a slide presentation and were available to
any answer questions.
J. Thompson moved, seconded by B. Ryan to close the public hearing.
All voted in favor and the motion carried.
J. Thompson moved, seconded by S. Albee that the Planning
Commission recommends approval of the Final Development Plan
Amendment and street and utility easaement vacations as depicted on
the Sathre Bergquist, Inc. proposed amended plan for Near Mountain
and the Sathre Bergquist, Inc. legal descriptions of proposed
street, utility and drainage easement vacations dated received
February 2, 1984.
J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor.
M. Thompson abstained. Motion carried.
Subdivision Variance Sketch Plan Review, Northeast and Northwest
Corners of Intersection of Co. Rd. 17 (Powers Blvd.) and Co. Rd.
18, Brian and Neil Klingelhutz.
Waibel stated that this is a sketch plan review to subdivide 10
detached single family residential unsewered lots. The property
has moderate to severe slope conditions which require the pro-
perty to have four accesses, two of which are onto Co. Rd. 17 and
two onto Co. Rd. 18. The County and City Engineers conclude that
due to the slope limitations of the property, the accesses as
proposed are probably acceptable, however, no additional future
accesses should be allowed.
Waibel noted that the preliminary plat must demonstrate that
future building sites will be designed to allow for site con-
ditions proper for home construction, driveway access, and pri-
vated septic system, drainfield and well installation according
to the City Engineer and the Soil Conservation Service.
After review of the sketch plan the Commissioners encouraged the
applicants to prepare the preliminary plat with the following
suggestions:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Planning Commission
FROM: Bill Monk, City Engineer
DATE: January 15, 1985
SUBJ: Proposed Amendment to Near Mountain Development Plan
Utilities
Lateral extensions from sanitary sewer and water lines already in
place in Pleasant View Road and those previously installed in
earlier phases of Near Mountain will provide utility service to
the balance of the proposed plat. The construction of Phase II
will include installation of a sanitary sewer lift station due to
elevation restrictions, however, it is required to allow develop-
ment of the western portion of the property.
Streets
The street alignment has changed slightly from previous plans,
however, the overall effect is minor in nature and allows for a
better lot layout. As a condition of approval of the original
plan, it was required that the major east -west and north -south
roadways be platted to a 60 foot width and constructed to a 36
foot wide section. In reviewing the section of Near Mountain
Boulevard that has been constructed to this standard, it is my
recommendation that this condition be modified to a 50 foot wide
right-of-way and a 32 foot wide street section which I feel will
sufficiently handle the traffic through this plat.
Draina qe
The drainage concept utilized in this subdivision involves the
use of intermediate ponding areas for sedimentation prior to
discharge into the Class A wetlands on the north edge of the
property. Since the northward drainage pattern cannot be
altered, this ponding concept is the best means by which water
quality can be maintained. Also, the amount of runoff being
discharged directly to the wetlands (not routed through a pond)
can and will be reduced as final drainage plans are prepared so
that there will be no increase in direct discharge volumes when
comparing existing conditions and the proposed plan.
Proposed Amendment
January 15, 1985
Page 2
Phasing Plan
to Near Mountain
Development of a phasing plan is usually based
plan, however, in this instance I am concerned
creates a 2500 foot cul-de-sac situation. In
street looping and overall access question, it
cial to include Phase IV as a part of Phase II
the western portion of Phase II.
on a marketing
that Phase II
considering the
would be benefi-
in exchange for
r
��Sfn7TAATE OF
V
J L1 IF.Z � uQ
DEPARTMENT OF NATURAL RESOURCES
1200 Warner Road, Saint Paul, Minnesota 55106
PHONE NO. 296-752.3 _ FILE NO.
January 15, 1985
Ms. JoAnn Olsen
City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: FINAL PLAN AMENDMENT, NEAR MOUNTAIN DEVELOPMENT
79-2 PUD
Dear Ms. Olsen:
The northwest portion of the "type A" housing plat of the above
project appears to fall (minimally) within the 1000-foot shoreland
district of Silver Lake (Natural Environment); however, the lot
sizes are consistent with state minimum standards (20,000 square
feet for back lots).
Please be advised that Outlot D, which indicates the future develop-
ment of 114 condominium units, lies almost totally within the
shoreland district of either Silver Lake or Lotus Lake. The den-
sity/development of this area should be consistent with state
PUD guidelines. I would be happy to meet with the developer to
address any concerns early in the planning stages of this portion
of the site.
Should you have any questions, please feel free to contact me.
Sincerely,
J dy Baudreau, Area Hydrologist
Metro Region Division of Waters
ch
AN EQUAL OPPORTUNITY EMPLOYER
,An Ej4r 0,5
CITY OF CHANHASSEN
r r"ell"IVED
�,OMMUNITY DEVELOPMENT DEPT
City of Chanhassen
Land Development Application
Page 2
FILING INSTRUCTIONS:
This application must be completed in full and be typewritten or -
clearly printed and must be accompanied by all information and
plans required by applicable City Ordinance provisions. Before
filing this application, you should confer with the City Planner
to determine the specific ordinance and procedural requirements
applicable to your application.
FILING CERTIFICATION:
The undersigned representative of the applicant hereby certifies
that he is familiar with the procedural requirements of all
applicable City Ordinances.
0 p�
LUIV\
Signed B %
y Date /
p 'cant _
The undersigned hereby certifies that the applicant has been
authorized to make this application for the property herein
described.
Signed By
Fee Owner
Date Application Received-- �v
Application Fee Paid $11/ 322.40
///
City Receipt No. /%� u'r
Date
t3c%+ 7k eu.,je
68.16 ac.(x $15.00 = $1,022.40
* This Application will be considered by the Planning Commission/
s at their
meeting.
Planning Commission Minutes
January 23, 1985
Page 2
M. Thompson moved, seconded by J. Thompson to close the public
hearing. All voted in favor and the motion carried.
After the explanation from the applicant, the Commissioners did
not feel that this activity would be detrimental to the
surrounding properties.
J. Thompson moved, seconded by M. Thompson, that the Planning
Commission recommends the City Council approve Conditional Use
Permit Request #85-1 to locate a wholesale nursery at 9150 Great
Plains Boulevard as depicted on the Site Plan labeled as
Attachment #3. All voted in favor and the motion carried.
PUBLIC HEARING
Final Plan Amendment Request #79-2 for Near Mountain Planned Unit
Development on property zoned P-1, Planned Residential
Development and locat:,—1 along Chanhassen Road, Near Mountain
Partnership, applicant.
Public Present
Peter Pflaum
Rick Sathre
Mike Pflaum
Lundgren Brothers Construction
Olsen stated that the applicant is proposing to increase the Type
B area by 19 lots in exchange for 13 Type.A lots and 6 condomium
units. She also noted that, in addition, the street alignment
and shape of the ponding areas have changed slightly but will not
impact the design and would allow for a better lot layout. She
explained that development is taking place in the Type C area
where the front and side yard setbacks are 25' and 5'/10'. The
developers intend to continue these setbacks into the Type B
area. She stated that staff believes the reduced setbacks can be
continued into the Type B area without adversely impacting the
surrounding property. She also noted that staff is recommending
that a berm be continued along the Type B area and also would
like the developers to further discuss with staff their phasing
plan for Near Mountain.
Peter Pflaum explained that as they develop the project, they are
getting more of an idea of how they want the different type of
homes to be phased together smoothly. He stated that they have
decided to change the line between the Type B and Type A phases
because of a natural tree line or wooded area and by doingthat
are dropping 13 larger lots (Type A) and 6 condominium units and
adding 19 Type B lots.
Conrad moved, seconded by Merz to close the public hearing. All
voted in favor and the motion carried.
Planning Commission Minutes
January 23, 1985
Page 3
Merz moved, seconded by J. Thompson, that the Planning Commission
recommend the City Council approve the Final Development Plan
Amendment as depicted on the Sathre-Bergquist, Inc. proposed
Amended Plan dated January 14, 1985 with the following con-
ditions:
1. That the major north -south and east -west roadways have a 50
foot wide right-of-way and a 32 foot wide street section.
2. That the existing berm located on the property south of the
Type C area be continued along the south boundary of the Type
B.
3. That the developers work with staff on the phasing plan for
the Near Mountain Development.
All voted in favor and the motion carried.
NEW BUSINESS
Sign Variance Request #85-1 for two temporary advertising signs
located at the Prairie House Family Restaurant, 501 West 79th
Street, Ted Korzenowski, applicant.
Public Present
Ted Korzenowski applicant
Dacy explained that the applicant is seeking two variances; a
free standing sign to be located on his property in front or near
the existing city sign and an advertising sign to be located
along Highway 5 on the site where the Chanhassen Center is
located. She stated that the applicant intends that signs be
erected for one year. She indicated that the applicant in his
letter to the Planning Commission stated that additional signage
is necessary to attract and direct traffic off the highway. She
noted that the applicant now has a free standing sign as per-
mitted by the ordinance. She explained that the intent of the
sign regulations is to insure a proper balance between the number
of signs and the number of buildings located on a particular
property. She also added that off -site advertising signs are
specifically prohibited to prevent the proliferation of signs
advertising businesses in other locations of the city. She also
stated that temporary signage for advertising purposes could
result in other requests by other businesses in the community.
She stated that staff recommends the variance be denied and that
the applicant should consider working with the Chamber of
Commerce in the redesign of the existing City sign.
Ted Korzenowski asked if any of the Commissioners were at the
Downtown Forum. He stated that most of the recommendations were
that the sign ordinance should be revised for Chanhassen which
February 5, 1985
Jo Ann Olsen
Community Development Department
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Mn 55317
Re: Sketch Plan Review: Planning Case No. 79-2 PUD
Ms Olsen:
Thank you for the opportunity to review the above sketch plan.
Please inform the Owner/Developer that natural gas is available
to serve the proposed development, upon proper application and
subject to Rules and Regulations in effect at time of
application. Application can be made by contacting our
Industrial/Commerical Sales Department located at Ridge Square in
Minnetonka. The telephone number is 544-0108. I will forward
the sketch plan to Mr. Art Kittleson at that office, along with a
copy of this letter.
The nearest natural gas service is located on State Highway #5,
south of this site.
We appreciate your consideration and cooperation.
Cordially,
T pR- -e.' Wunderlich
Supervising Engineer
System Design
Operations Division
cc: Art Kittleson (+ plat map)
/lk
CITY OF CHANHASSEN
FEB 6 95
COMMUNITY DEVELOPMENT DEF'
A Company of Diversified Energies, Inc. 700 West Linden Avenue, Minneapolis, Minnesota 55403
,TA QU-ke-'� o-a, IP.3 S
kun-tscoul�
Official Publication
NOTICE OF PUBLIC HEARING
PROPOSED FINAL PLAN AMENDMENT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen
Planning Commission will hold a Public Hearing on
Wednesday, January 23, 1985 at 7:30 p.m. in the
Council Chambers in Chanhassen City Hall, 690
Coulter Drive. The purpose of this hearing is to con-
sider the application of Near Mountain Partnership I
to amend the Final Plan of Near Mountain Develop-
ment on property zoned P-1, Planned Residential
Development located at the N% of Section 1,
Township 116, Range 23.
A plan showing the location of the proposed final
plan amendment is available for public review at Ci-
ty Hall during regular business hours.
All interested persons are invited to attend this
public hearing and express their opinions with
respect to this proposed final plan amendment.
Barbara Dacy, City Planner
Phone: 937-1900
(Pub. Carver County Herald Jan. 9,1985) (669)
Affidavit of Publication
Carver County Herald
State of Minnesota )
)SS.
County of Carver )
STAN ROLFSRUD _ , being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspaper known as the Carver County Herald, and has full
knowledge of the facts herein stated as follows:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B)Tbe printed Notice of Public Hearing Proposed Final Plan
-A—mendment hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published once each week, for sue -
cessive weeks; that it was first so published on fTa&e __9__ day ofRT aA 1901and was thereafter printed and
published on every to and including the day of 198_ a tiat the following is a printed
copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged being the size and kind of type n
used in the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
-
Subscribed and sworn to before me on !
this—dayof RTan 194_
pf:YLLi3, A.
2 jn ►, „ N-TARY P
Notary Public QCOTT cou
+E1� MY Commission Expires May 7, 1986 a
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space. $6.00 per column inch
Maximum rate allowed by law for the above matter............. .... $4.49 per column inch
Rate actually charged for the above matter. . $4.49 per column inch
August 27, 1985
Ms. JoAnn Olsen
Community Development Department
City of Chanhassen
690 Coulter Drive
Post Office Box 147
Chanhassen, MN 55317
RE: Sketch Plan Review: Planning Case No. 79-2 PUD
Dear Ms. Olsen:
Thank you for the opportunity to review the above sketch plan.
Please inform the Owner/Developer that natural gas is available
to serve the proposed development upon proper application and
subject to the Rules and Regulations in effect at the time appli-
cation is made. The closest natural gas distribution system is
located on Pleasant View Road. Application can be made by con-
tacting our Residential Sales Department located at Ridge Square
in Minnetonka. The telephone number is 544-0108. I will forward
the sketch plan to Mr. Charlie Capron at that office, along with
a copy of this letter.
We appreciate your consideration and cooperation.
Cordially,
R. 'l Wunderlich
Supervising Engineer
System Design
Operations Division
R C W : b j r
cc: Charlie Capron (and plat map)
A Company of Diversified Energies, InC. 700 West Linden Avenue, Minneapolis. Minnesota 55403 AUG 2 9 1985
CfT_YAF. CHANHASSEF
LUnDGR(n
O CTRUCTION
BROS�
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
August 30, 1985
Ms. JoAnn Olsen
Chanhassen Community
Department
690 Coulter Drive
Chanhassen, Minnesota
Dear JoAnn:
Development
55317
Enclosed herewith is the $200.00 application
review of our proposed amendment of the Near
Plan to substitute 41 single family lots for
attached units. I regret any inconvenience
forwarding this check may have caused.
Very truly yours,
LU GRE BROS. CONSTRUCTION, INC.
t i chael `7� P f 1 m
�;
MAP/pm
Enclosure
fee for Sketch Plan
Mountain Development
114 multi -family
which the delay in
CITY OF CHANHASSEN
�FP1 3
O MUNITY DEVELOPMENT DEP
City of Chanhassen
Community Development Department
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
Date: August 26, 1985
To: Development Plan Referral Agencies
From: Chanhassen Community Development Department By: Jo Ann Olsen, Asst. City Planner
Subject: Sketch Plan Review for the development of 42 single family residences on property
zone P- , Planned Residential Development and locatedin the Near Mountain P.R.D
at the northwest corner of Hwy. 101 and Peasant View Road.
Planning Case No: 79-2 PUD
The above described application for approval of a land development proposal was filed with
the Chanhassen Ccnammity Development Department on August 21, 1985
In order for us to have the benefit of as much information as possible concerning this
application, we would like your agency to review the enclosed development plans insofar
as is applicable to your agency, and make any cents you might have on this proposal.
We are particularly interested in matters which affect the public health, safety and
general welfare.
Specifically, we would appreciate your comments and reccmTendations concerning the impact
of this proposal on traffic circulation, existing and proposed future utility services,
storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems
exist, we would like to have a written report to this effect from the agency concerned so
that we can make a recommendation to the Planning Commission and City Council encampassing
these needs.
This application is scheduled for consideration by the Chanhassen Planning Ccmnission
on September 11 at 7:30 p.m. in the Council Chambers at
Chanhassen City Hall. In order for the Community Development Department to prepare a
thorough review of this application for the Commission and Council, we would appreciate
receiving your comments by no later than September 3
You may also appear at the Planning Commission meeting if you so desire.
Your cooperation and assistance is greatly appreciated.
Enclosed: Proposed Development Plans
DISTRIBU.CION•
Riley Purgatory Creek
City Engineer
Watershed Dist. Engineer
1 .
U.
MN Dept of Natural Resour
2.
City Attorney
Soil Conservation Service
e Ccnipany
3.
City Park Director
8.
MN Dept of Transportation
(NW Bel or United)
Fire Department
4.,
U.S. Army Corps of Engineers
tric Company5.
(NSP MN Valley Co-op)
County EngineerMinnegasco
ry
14
or
-SAT Cable
`h File: Ccnm inity Development Department
L1:
Form No. 81-10
Agency Referral
7/1/81
C!
a'
■_,4
•Ict►i
ii:191
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
Vicki Churchill, the duly qualified and acting Planning
Secretary of the City of Chanhassen, Minnesota, on oath and
deposes and says that on January 8
lg 85
she caused to be mailed a copy of the attached notice of hearing
on a proposed final plat amendment for Near -Mountain Development
in the City to the persons named on attached Exhibit "A", by
enclosing a copy of said notice in an envelope addressed to such
owner, and depositing the envelopes addressed to all such owners
in the United States mail with postage fully prepaid thereon;
that the names and addressess of such owners were those appearing
as such by the records of the County Treasurer of Carver County,
Minnesota, and by other appropriate records.
Z
U�
N.
NOTICE OF PUBLIC HEARING
PROPOSED FINAL PLAN AMENDMENT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning
Commission will hold a Public Hearing on Wednesday, January 23,
1985 at 7:30 p.m. in the Council Chambers in Chanhassen City
Hall, 690 Coulter Drive. The purpose of this hearing is to
consider the application of Near Mountain Partnership I to amend
the Final Plan of Near Mountain Development on property zoned
P-1, Planned Residential Development located at the Ni of Section
1, Township 116, Range 23.
A plan showing the location of the proposed final plan amend-
ment is available for public review at City Hall during regular
business hours.
All interested persons are invited to attend this public
hearing and express their opinions with respect to this proposed
final plan amendment.
Barbara Dacy, City Planne
Phone: 937-1900 C-
(Publish in the Carver County Herald January 9, 1985.)
, M
Jerry A. & L. Belanger Joseph J. Smith David W. & D. Duffel
100 Cascade Pass 550 Pleasant View Road 84 Castle Ridge Court
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Kevin & J. Pieper Thomas & J. Kollman Harvey W. & K. Robideau
3346 Lilac Lane 95 Shasta Circle 540 Pleasant View Road
Excelsior, MM 55331 ! Chanhassen, MN 55317 Chanhassen, MM 55317
Robert J. & M. Madden Louis & B. Guerre John & N. Carter
96 Olympic Circle 551 Indian Hill Road 97 Olympic Circle
Chanhassen, MM 55317 Chanhassen, MN 55317 Chanhassen, MM 55317
Thomas M. & M. Seifert David R. & G. Pizana Gary M. Schletizke
600 Pleasant View Road 35 Pleasant View Road 6210 Hamilton Street
Chanhassen, MN 55317 Chanhassen, MM 55317 St. Louis Park, MM 5541E
Frank & G. Metzig j Daniel L. & C. Welsh James M. Theis
605 No. 29th Street ! 670 Pleasant View Road ! 6400 Pleasant View Road
Mesa, Arizona 85203 Chanhassen, MCI 55317 Chanhassen, MM 55317
Robert J. Reichert Derrick Land Co. David C. Parachini
Box 94 B-T Investors 20375 Linwood Road
Excelsior, MN 55331 1770 Shelard Tager Excelsior, m 55331
Minneapolis, MM 55426
Helmut & J. Mauer ! David A. Broden James & L. Meyer
5810 Ridge Road 640 Pleasant View Road 6225 Ridge Road
Excelsior, MM 55331 Chanhassen, MM 55317 Excelsior, MM 55331
i
David & C. Rouse M. Thompson Charles & M. Freidrichs
6828 19th Ave. S. 721 Pleasant View Road 610 Pleasant View Road
Minneapolis, MM 55423 Chanhassen, MN 55317 Chanhassen, MN 55317
John & J. Thielen John & J. Nicolay Carl W. Schevenious
665 Pleasant View Road 608 Pleasant View Road 5527 Perm Ave. S.
Chanhassen, MN 55317 Chanhassen, MN 55317 Minneapolis, MN 55419
Robert J. Reichert G. Alexander & E. Abresch Sewall M. & N. Osgood
Massey University 55 Pleasant View Road 745 Pleasant View Road
Palmerstowns No., I!;, Chanhassen, M55317 Chanhassen, M55317
New Zealand
Lundgren Brothers Const. Gary Kendrick Harold & M. Rojina
935 E. Wayzata Blvd. 550 Indian Hill Road 480 Indian Hill Road
Wayzata, MM 55391 Chanhassen, MM 55317 Chanhassen, MN 55317
Near Mountain Properties Steven M. Murphy C.F. & M. McNutt
4900 IDS Center 6068 Stonybrook Dr. 185 Pleasant View Road
Minneapolis, MN 55402 Minnetonka, MN 55343 Chanhassen, MN 55317
A.E. & I. Schroeder
6430 Pleasant View Road
Chanhassen, MN 55317
Wm. L. & D. Hulett
6450 Pleasant View Road
Chanhassen, M 55317
R.V. & M. Nelson
135 Pleasant View Road
Chanhassen, MN 55317
H.J. Kask J.G. & M. Schroeder L.I. Wenning
115 Pleasant View Road 65 Pleasant View Road 6441 Pleasant View Road
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
City of Chanhassen
'�Conununity Development Departme,
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
Date: January'3, 1985
To: Development Plan Referral Agencies
From: Chanhassen Ccrmnunity Development Department
Subject: Final Plan Amendment of Near Mountain DE
Residential Development, and located at
Planning Case No: 79-2 PUD
By: Jo Ann Olsen, Asst. City Planner
N
on property zoned P-1, Planned
Section 1, 'Township 116. Ranae
The above described application for approval of a land development` proposal was filed with
the Chanhassen Ccinunity Development Department on January 2, 1985
In order for us to have the benefit of as much information as possible concerning this
application, we would like your agency to review the enclosed development plans insofar
as is applicable to your agency, and make any ccaranents you might have on this proposal.
We are particularly interested in matters which affect the public health, safety and
general welfare.
Specifically, we would appreciate your ccoments and recommendations concerning the impact
of this proposal on traffic circulation, existing and proposed future utility services,
storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems
exist, we would like to have a. written report to this effect from the agency concerned so
that we can make a recommendation to the Planning Ccmmission and City Council encanpassing
these needs.
This application is scheduled for consideration by the Chanhassen Planning Cannission
on January 23, 1985 at 7:30 p.m. in the Council Chambers at
Chanhassen City Hall. In order for the Community Development Department to prepare a
thorough review of this application for the Ccm-tussion and Council, we would appreciate
receiving your comments by no later than January 14, 1985
You may also appear at the Planning Commission meeting if you so desire.
Your cooperation and assistance is greatly appreciated.
Enclosed: Proposed Development Plans
DISTRIBUTION•
Riley Purgatory Creek
City Engineer (57 Watershed Dist. Engineer MN Dept of Natural Resourc
2. City Attorney Soil Conservation Service ' 12 Company
3. City Park Director � MN Dept of Transportation Et;ric'Company
or United)
Fire Department � U.S. Army Corps of Engineers
5. County Engineer `t�J� Muhnegasco P r MN Valley Co-op)
File: Ccnumity Development Department
Form No. 81-10
Agency Referral
7/l/81
CI=TY'OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
June 5, 1985
Mr. Peter Pflaum
Near Mountain Partnership I
935 E. Wayzata Blvd.
Wayzata, MN 55391
Dear Mr. Pflaum:
This is to formally notify you that the City Council on June 3,
1985 approved your request for final plat approvals for Chestnut
Ridge 6th Addition and Trappers Pass. The Council approved the
final plats subject to the submission of the financial security
and required plans and specifications. The final plat will not
be signed until these requirements have been met.
Please feel free to contact me if you have any questions.
Very truy yours,
/ Barbara Dacy
i City Planner
BD:v
SCANNED
Council Meeting October 1984-11-
NEAR MOUNTAIN EXTENSION REQUEST:
Bill MonK - We are approached, from time to time, with developments in Shorewood
- abutting our line. We 'have never proceeded to this point, perhaps because I am not
overly optimistic to them. or whatever for whatever reason they have not proceeded and
Lundgren Bros. is the first one "to take it to this level. They have gone through the
proper channels in contacting Shorewood and everything would be set up now for the
Council to proceed. It's a major concept.
Mayor Hamilton - Why don't we annex that part of Shorewood.
Councilwoman Swenson - How much is it going to cost the City?
Bill Monk - There are a lot of details that would need to be worked out on that
arrangement. Who would extend the lines, I am sure it would be the developer.
Maintenance on the line, those type of things which would need to be worked out but I
can assure you that even if the City was responsible for the maintenance of the line
that the revenues -would more than cover it. Water revenues would cover the main-
tenance of it. Those are the things that we would have to come to agreement on with
the City of Shorewood.
Councilman Horn - Does that mean we would have to send unpaid water bills to Hennepin
County?
Bill Monk - Yes, you would send them to Hennepin County but they would have to be
certified by the City of Shorewood. We run into a yearly problem with the City of
Victoria but we would have to have a cooperative agreement with the City of
Shorewood.
CounciLman Horn - It probably would end up costing us more administratively to get
those certified.
Bill Monk - Than normal.
Councilman Geving - We don't even know if we have got capacity to service this area
until we do the feasibility study.
Bill Monk - What I am looking for is whether the Council even goes along with the
concept. If the Council just does not want to go beyond its borders at this point
this developer should be told that.
Councilman Geving - I am against the proposal.
Mayor Hamilton - I am in favor of it.
Councilwoman Swenson - Can't these houses be built in Chanhassen instead of
Shorewood? If they have got the space instead of going to Shorewood side of their
:Near Mountain project, why don't they fill up Chanhassen?
Bill Monk - As I understand it the next phase in Chanhassen will be before you 30 to
45 days. They are planning to expand and continue their developments in'Chanhassen
and they are looking for the same type of phase development in their holdings in
Shorewood and they are just looking at their options for water at this point because
a community well system is extremely expensive.
Councilwoman Watson - I think it's a good idea. I don't see anything wrong with
doing it if we can work out the details so that it is a self-supporting project and
doesn't cost any of the residents of Chanhassen any money.
Council Meeting October 15, 384
-12-
Councilman Horn - If it's a self-supporting project why is Shorewood so against it?
Bill Monk - They have just started their water system and the problem they are having
is extending it to different places when they have to cross properties that don't
want water at this point and they 'have told Lundgren Bros. that they just are not
ready to extend to this particular part of town. It is their number one issue in
that city and is probably the major contributing factor to their, I think, severe
financial problems.
Mavor Hamilton - We would like to see the phasing plan for the development of the
Chanhassen portion and the Shorewood portion and then, if you assume.that we move
ahead and we would approve it and Shorewood approved it, what down the road ten or 15
years when Shorewood is developing their water system, what then happens when they
want to take the revenue from this? Can they in fact take over the pipe?
Bill Monk - Normally what you would do is when they do get to that point where they
can service it the agreement would be 1) yes, they would take over the pipes and a
valve would be placed between the systems and they would be closed at that point and
what it does it provide a emergency link between the two cities but the agreement
would be for an indefinite period of time until water is available in their city and
then they would take over the lines. The other route can be taken, the city could
push that if we are going to extend it, it's going to be permanent. Usually they are
not written that way.
Mayor Hamilton - If you put a valve in there and somebody shut that off and Shorewood
takes over their portion, it seems.to me you are creating a dead end there.
Bill Monk - You would put a hydrant right by the valve. It would be just like water -
main in a lot of parts of the city. It might create a dead end but I would have to
take a look at the street layout. I think what you would end up with is about a 400
to 500 foot dead end which is basically just about a cul-de-sac. We would make sure
we don't get burned on that type of an arrangement.
Councilman Geving - It's hard to divorce, in my mind, the water issue from the sewer
issue. You dump water into your sewer system and the first thing you know your metro
rates go up, how do you control that?
Bill Monk - Shorewood would be responsible for the sewer arrangements and whatever.
There are meters on most of these outflows. It would go towards their flow.
Mike Pflaum - So far as the Shorewood water system is concerned, in a nut shell, I
think most of you are pretty familiar with the problem, it's become a major political
issue in the City of Shorewood largely because of the way the City is laid out and
the early policy that was adopted of requiring developers to put in wells to even-
tually be joined by mains to serve the people in between developments and for a
number of reasons that policy has not worked. What has happened apparently is that
the citizens of Shorewood who have not received any benefit from any of these systems
have been taxed to pay for the operating deficits of the water system and they are
outraged by that and they have, in reaction, told their city council in no uncertain
terms that they don't want any kind of municipal water system and it was fairly
recently, probably in the last month, that the city formally adopted a policy of no
municipal water. This formal adoption of the policy came after Trivesco and Lundgren
Bros., I am trying to think who the other developer was, three developers were
involved in one sector of Shorewood. It was a logical area to start a municipal
system that could be funded entirely by those developments and serve those develop-
mants and even that was too unpalatable for the constituency and the city council, on
a close vote, voted it down. It is their intention that there will not be municipal
water at least for the present .city council. We are seeking from the City of
Council Meeting Octot 15, 1984 -13-
Chanhassen an indication that there is a willingness on your part, obviously there
are a lot of things that would have to be worked out if there were to be Chanhassen
T water in Shorewood in the Near Mountain project. We feel there is a certain logic to
viewing this project as something a little bit different and special from other deve-
lopments within the City of Shorewood if for no other reason because it really is one
development. We haven't been able to get underway in Shorewood yet, almost entirely
because of the problem with water but when we first brought our project before you it
was 313 acre piece of property that was half in Carver County and half in Hennepin
County and it was kind of a comprehensive development plan. The use of Chanhassen
water for the Shorewood portion of the property would enable development to occur
there which in turn helps to accelerate development of the site in Chanhassen as
well. We are dealing with a very large site and the more activity that we are able
to generate on that site, the more marketing interest we get on that site, the easier
it is for us to build it out.
Councilman Geving - Why don't you build it out in Chanhassen first?
Mike Pflaum - That's a problem we have politically as well. Shorewood would like to
see development of the property in Shorewood.
Councilman Geving - They want development but they don't want to go through with the
water. They want to dump it on Chanhassen.
Mike Pflaum - They don't want to dump it on Chanhassen. It was our suggestion. It
was not the City of Shorewood's suggestion. We have been trying to find some way to
get water to the Shorewood site in a fashion that's economically feasible for deve-
lopment and the problem that you run into with private systems basically is that if
you wish to phase development as most prudent developers do, you have to front end
the cost of the well system regardless. This kind of front end loading tends to
create an intolerable burden on development and is something that we haven't seen a
way around to successfully develop that property. The only reason I am standing here
tonight is that we can't get municipal water from Shorewood and we are looking for
alternatives as a way to get water onto that site and it seems to me that it con-
ceivably benefits the City of Chanhassen from a revenue standpoint and at the same
"time benefits us as developers of that site and we are not asking for really anything
tonight except an indication that you would entertain the notion because it is a
complex sort of thing with lots of questions that need to be answered. We realize
that. Nobody is asking for approval of something that will take more study.
Councilwoman Swenson - What is your objection to putting in a well until such time as
Shorewood comes through to service those houses.
Mike Pflaum - Basically what you are talking about with a well is about a quarter of
a million dollars plus facility before you run any trunk or any of your laterals.
That's just for the drilling of the well, for the pump house or the treatment facili-
ties, etc. which is all front end.
Councilwoman Swenson - Are we going to have to go through new bonding to do this?
Don Ashworth - That's the reason you need the study to determine whether or not we
have capacity, whether or not there is enough storage capacity, well capacity, those
are all questions that will cane out in the study.
Mayor Hamilton - About why not put in your own water system which I know that Mason
Homes has clone in some of their developments prior to the city having city water
there. They built a tower. They put in their own water system. They took the reve-
nue off of it and it must have worked okay for them. I understand it's going to be
Council Meeting October , 1984
-14-
expensive but it must also pay itself back to you as a privately owned water system
and then when the city does someday decide to have their own system, all they do is
walk up and pay you for it.
Mike Pflaum - I can't speak for Bob Mason's development. I do know that in
Minnetonka at one time he did establish his own private well system and if I recall
correctly what he said was that at the time that he was directed to do this he asked
if he could retain ownership of that well and run it as his own private utility and
he was told he could. He was not allowed to do so. When the development was
complete, when the water system was fully developed, the City of Minnetonka asked for
the water system for $1.00. That was one instance that Bob Mason did speak of. I
don't think his situation and Shorewood is analogous. I don't think it is a
desirable situation. I believe that he has no choice what he does in Shorewood
because I believe he has bought all that land. There is another point that is impor-
tant and that is, the Mason product is almost exclusively, and I don't really feel
comfortable standing here talking to you folks about Bob Mason's product because I am
not qualified to-do so, we have done some business together in subdivisions so I have
passing knowledge and that's all. He is largely in the range of $300,000 to $400.,000
homes. We tend today to be in the $100,000 to maybe $250,000 range and we have dif-
ferent product lines. The country home product is very dependent upon FHA/VA buyers.
We have got to be able to qualify a subdivision for FHA and it's almost impossible to
qualify a subdivision for FHA if you have got a private system.
Councilwoman Swenson - Is there any possibility or any need for a document indicating
that Shorewood would hold Chanhassen blameless for any damage that might come from a
water system breakage or anything like that?
Bill Monk - This is just the first step and if the Council is amenable to this
approach, once it gets incorporated into the study there is no way that I can see
that we can handle this size proposal with our existing system. This would be depen-
dent on whatever the Council would do with this report and when and where the extra
storage facility would be put in so that this probably is not going to happen until
about 1986 that this would even become workable. In between that time there would be
a lot of work that would be necessary between the two cities and with the developer
on exactly how this agreement would be structured, who is going to put them in, who
is going to maintain them, how you are going to bill them, the whole structure would
have to be set out in a lot of detail. There is a lot of work that would be involved
in doing it. That is not meant negative to reflect against it but those are the type
of questions that would have to be detailed and we are looking, at this point, for an
overall concept but we are not talking about a connection tomorrow.
Councilwoman Swenson - It seems to me that we are not going to need a well up there
and when these people are finished with it or when Shorewood decides that they want
to go, what are we going to do with a well sitting up there.
Mayor Hamilton - We don't know that.
Bill Monk - What the study would have to show is where the storage would -go and how
that storage would service this area.
Mayor Hamilton - I think it's an exciting new area that hasn't been looked at pre-
viously. If Lundgren Bros. want to go ahead with this they are the ones that are
going to have to foot the bill for it and not the City.
Councilman Gevincr - I think Shorewood saw a laid deal here and they walked away from
it.
Council Meeting C _)ber 15, 1984 -15-
Councilwoman Swenson - The applicant does understand that upon receipt of the anall
sis of this, by no means are we making any commitment to go ahead with it.
Councilman Horn - I have no problem with exploring new revenue sources. I just
wanted to make sure that we do find out all the answers when we go into this and we
don't forget something and we turn out that we get into a losing proposition. That
really my big concern. I haven't really heard anybody give me a good gut feel as t
whether this is a money making situation for the City.
Don Ashworth - I don't know if we really know. We are going to look at the com uni
in what we potentially need for water. One of the things that we do know is that TA
do have a problem with storage. We think that's what the study might show. If
that's true and if it is located in an area that would serve both the City as well
those additional 300 homes, potentially they could help pay for that additional
storage device. On the other side they may force us to build a size larger than we
would want to and therefore it would not be feasible. We really don't know what tk
answer is -tonight.
Councilman Horn - If we had not had this request would we still had this water pror
sal study go ahead.
Bill Monk - The water study is very necessary. This is just a supplementary item
attachea to that and I still feel that if we weren't doing the study and going to t
looking at increasing our storage, I guess I would even entertain the request.
Historically our water system has been our generator. The sewer system has been a
big sore point. In the past, as far as the City goes, water has been nothing but a
revenue. This type of a proposal whether it would be as big a revenue maker I am n
` sure. If you look at the budget what you will find is that basically each (sewer a
t water) does pay its way. That's one of the reasons the sewer rates are as high as
} they are because we are trying to maintain equity between the two systems. What
i
excess revenue we do have seems to be generated faster in the water than it does in
the sewer.
Mayor Hamilton moved to include the Near Mountain water system expansion request in
the water study proposal. Motion seconded by Councilwoman Watson. The following
voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn a
Geving. No negative votes. Motion carried.
Mike Pflaum - Councilman Geving has indicated somewhat of a fear that Lundgren
Bros. might somehow abandon Chanhassen. That is not our intention at all. In
fact one of the things that Peter (Pflaum) wanted me to do was to pull out our
plan and show you where we are and kind of seek Council direction as to where we
want to go in Chanhassen without going through any kind of a formal process. I
will show you what his thoughts are and ask if there is any violent opposition
to what he would like to do and if there is that gives us some direction. As
you are probably aware, in our business we develop land a year ahead of its need
and right now we are in a situation in Chanhassen where we probably have got
enough inventory between Chanhassen and Plymouth of lots in the country home
size for 1985. We are looking to 1986 and we will be close to out of country
home size lots in 1986. What we would like to know and won't know, what we
would like to get some sort of feel for is whether the City Council would enter-
tain a notion of developing this green area over to this street in country
homes. It would add approximately 30 country home lots to the present number
that we have. We are not asking you to give us more density than was originally
intended for the site. What we are really trying to do is to continue this
neighborhood of what is pretty much a hot product in a difficult market. The
reason that I am asking you this question a) we are not trying to circumvent the
8 . 1
Council Meeting October _.,, 1984
-16-
PUD process, we are not trying to circumvent the staff or anybody else. We realize
that we would have to amend the plan and go before the Planning Commission, public
hearings, etc. The only reason we are bringing it up now is if there is clear direc-
tion from the Council that they would not like to see this extended any farther. We
would like that input because that would mean we should search out another place to
put that product line so we will be on-line for marketing in 1986.
Councilwoman Swenson - I personally will not vote for any more 7,500 square foot
lots.
Councilman Horn - I feel the lots are awfully small. I am happy with what is going
on over there. I tell people, now, there is an example of what you can do if you
allow a certain number of small lot situations in but I really have a concern of prop-
agating that further and further and where does it stop.
Councilwoman Watson - I think the product is beautiful. I would like to see the lots
be 10,000 square feet.
Councilman Geving - I think we tried to concentrate on what we considered affordable
housing at the time and we gave you an opportunity to develop that in smaller lots.
I would like to move away from that concept at this time. I like the houses. I
would like to see some bigger lots.
Mayor Hamilton - I think you have a natural barrier there if you go over to the road
but I think enough is enough, also.
NOVFMBER 5TH MEETING: Councilwoman Swenson moved to change the November 5th meeting
to November 12th. Motion seconded by Mayor Hamilton. The following voted in favor:
Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No
negative votes. Motion carried.
SOUMAIEST CORRIDOR COALITION:
Councilman Horn - The advice from the council was that if we would show something
that would make this program unique they would start the feasibility study on Highway
212. They suggested that maybe the thing that would tip the scale would be if all
the cities would get together and put up some up -front money to fund the EIS state-
ment tnat if it didn't go through would be totally put back to the cities. What they
came right out and told us was the highway priorities are not judged anymore by the
data and the needs but highway priorities are judged by the political process.
BLUFF CREEK RAILROAD CROSSING:
Bill Monk - We submitted a petition, I will have to check up on that, as far as I
know it was going to be slated for either this year or early next year and I will
have to make sure it got slated for approval.
UPDATE ON ASSESSING CONTRACT: Mary Vujovich gave a report on the status of the
assessing contract dispute with Carver County.
CABLE TV: The City Engineer gave an update on the progress of Cable TV in the City.
A motion was made by Councilman Geving and seconded by Councilman Horn to adjourn.
The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, 4
Councilmen Horn and Geving. No negative votes. Motion carried. I
C
Don Ashworth
City Manager
6225 Ridge Road
Chanhassen, Minnesota 5531.7
September 17, 1984
Lundgren Brothers Construction Company
935 East Wayzata Boulevard
Wayzata, Minnesota 55391
Attention: Mr. Peter Pflaum
Dear Peter:
The Pleasantview Home Owners Association is concerned about the Near Mountain
development, and in particular the road from the development onto Pleasantview
Road. I recall the concern about the increased traffic on Pleasantview
Road. We also very clearly recall your assuring us that the road would
exit in such a manner that it would be virtually impossible, or at least
very difficult, to make a right turn onto Pleasantview. I think that if
you have been over to the project, that is obviously not the case. In
fact, it is very easy to go from the project to the right on Pleasantview,
and we are seeing people using the road through your project as a short-
cut, coming west on Pleasantview Road. This, in fact, as we have all noticed,
has already contributed to increased traffic, which obviously is going
to get worse.
We would hope that you would correct this situation, and have the road
exit onto Pleasantview, as you promised the Home Owners Association.
We thank you for this. We know that in the past you have always dealt
with us very fairly, and we would expect you to do so now.
Should you wish to discuss this with me, my office phone is (612) 920-7660,
and my home telephone is (612) 474-2900.
Kindest personal regards,
/amesJ. Meyer, M.D.
JJM:MTS:sl
cc Mr. Scott Martin
Chanhassen City Offices
Kathy Schwartz
Mike Thompson
Dean Wetzel
Members, Pleasantview Home Owners Association
2 5 1984
REGULAR CHANHASSEN CI•'" COUNCIL MEETING
JUNE 4, 1984 .
Mayor Hamilton called the meeting to order. The meeting was opened
with the Pledge to the Flag.
Members Present
Councilman Horn, Councilwoman Watson, Councilwoman Swenson
Councilman Geving
Staff Present
Don Ashworth, Bill Monk, Scott Martin
APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as
as presented with the addition of Race Track, Solid Waste Recycling
Commission, and Synopsis of Pending or Unfinished Planning Cases, Motion
seconded by Councilman Horn. The following voted in favor: Mayor
Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No
negative votes. Motion carried.
CONSENT AGENDA: Councilman Horn moved to approve the consent agenda pur-
suant to the City Manager's recommendations:
a. Approve Plans and Specifications for Chestnut Ridge at Near Mountain
Additions.
b. Approve Plans and Specifications for Hillside Oaks Addition.
C. Set Special Meeting Date, Interview Candidates, City Planner
Position, June 11, 1984.
d. Correct minutes, May 7, 1984, City Council meeting.
e. Duplicate Bond Coupons, Correct Previously Approved Documents.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and
Horn. No negative votes. Motion carried.
PRESENTATION OF FLAG FOR POLICE OFFICE, CHANHASSEN AMERICAN LEGION:
Tom Klingelhutz, Legion Commander and Leander Kerber presented an American
Flag to Chief Deputy, Duane Bickett from the Carver County Sheriff's
Department.
McDONALD'S SPECIAL USE PERMIT, FIRST ANNIVERSARY CELEBRATION: McDonald's
is planning to hold a First Anniversary Celebration during the weekend of
July 14 and 15 with a few carnival rides, etc. A motion was made by
Councilwoman Swenson and seconded by Councilman Horn to approve the
request for the weekend of July 14th and 15th. The following voted in
favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn
and Geving. No negative votes. Motion carried.
LAKE SUSAN PARK LANDSCAPING PROJECT:
RESOLUTION #84-27: Councilman Horn moved the adoption of a resolution
accepting the bid from Minnesota Valley Landscape, Inc. in the base bid of
$6,194.00. Resolution seconded by Councilwoman Watson. The following
voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson,
Councilmen Horn and Geving. No negative votes. Motion carried.
MINUTES: Mayor Hamilton moved to note the April 25, 1984, Planning
Commission minutes. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson,
Councilmen Horn and Geving. No negative votes. Motion carried.
CONSTRUCTION LOAN` AGFLEE-`ENT
THIS AGREE2=, is made and entered into by and between Lundgren Bros. Constructic
Inc., a Minnesota corporation (hereinafter called "Mortgagor"), First Federal Savings <
Loan Association of Minneapolis, a United States of America corporation (thereinafter
called "Lender") and the Title Insurance Company of Minnesota, a Minnesota corporation
(hereinafter called "Title Company").
W I T N E S S E T H
1
WHEREAS, Mortgagor will execute and deliver to Lender a First Mortgage Note
(herein called the ",Note") in the principal amount of Two Hundred, Ninety -Seven Thousand
and no/100ths Dollars (;297,000.00)with interest at the rate of One and One -Half percen
(1-1/22) above the average prime commerical rate charged by the N
orwest ank Minne-
apolis, N.A. over the. Quarter preoeeding the interest payment date, but which interes
rate shall not be less than eleven percent (11%) per annum nor more than eighteen perce,
(ISM) per annum, to be repaid according to the terms thereof. and
V9EREAS, Mortgagor will, as security therefor, execute and deliver to Lender a
Mortgage (herein called the "Mortgage") covering the real property located in the Citv
of Chanhassen, Carver County, Minnesota, legally described as set forth on Exhibit A '
which is attached hereto and incorporated herein by this reference (herein called the
'Property"); and
WHEREAS, the Note and the Mortgage will be executed as a land development loan
(herein called the "Loan'') for the sole purpose of financing the construction of certair
improvements upon the Property- in exact accordance with the final engineering plans anc
specifications prepared and furnished by Mortgagor to Lender and Title Company, and it
the intention of the parties hereto that the proceeds of the Loan be disbursed and advar
= age i of 9
as the construction of said improvements progresses. It is agreed and understood that
the Property will not be the type of development designed as a Planned Unit Development.
NOW, %iEtZFFORE, it is hereby understood and agreed by the parties hereto, as consid-
eration for and, as a condition of the Loan, that prior to the Loan closing and prior to
Waking any demands for payment from Title Company, Mortgagor shall:
(a) deliver to Lender an ALTA policy issued by Title Co -pang insuring a marketable
title to the Property in ':Mortgagor and the Mortgage as a valid first lien upon the Propert
free and clear of any and all liens, encumbrances, Natters of survey, mechanics' liens and
mechanics' lien claims, any violation of deed or governmental restrictions relating to the
use or occupancy and any easements or encroachments except those acceptable to Lender. Sa
title insurance policy shall contain a provision which insures the Mortgage against the
lien of any and all special assessments pending at the time the Mortgage is closed;
(b) deliver to Lender two (2) duplicate certified copies of the plat of Chestnut
Ridge at NEAR MOUNTAIN 2nd ADDITION. These plats shall bear evidence that they have been
approved by the City of Chanhassen and duly recorded with the County of Carver. If there
any easements or encroachments which affect the Property, they must be such as are accepta
to Lender;
(c) deliver to Lender a complete set of the final en`ineeringla f_
plans and speci�icat_;
on
covering improvements to be made on the Property, duplicate executed copies of a sworn
construction statement listing all costs to be incurred in the development of the Property
a complete list of all contractors,, subcontractors and suppliers who will furnish labor aac
material in the construction of said improvements, conies of all firm bids and contracts f:
persons to perform such work or furnish such material together with the charges therefor,
and a projected disbursement schedule showing on a monthly basis all projected disburse-
ments, all of which shall be subject to approval and acceptance by Lender;
(d) deliver to Lender a report on the results of soil tests conducted by Sathre-
Bergquist, Inc., or another engineering firm acceptable to Lender, on the Property. Said
report shall be subject to the approval of Lender;
(e) deliver to Lender a letter from the City of Chanhassen directed to Lender stating
that it will not require Mortgagor to submit an Environmental impact Statement to the
Minnesota Environmental Quality Council;
(f) deliver to Lender a certificate setting forth such information as may be reason-
ably required to show compliance by Lender with the requirements set forth in 12 C.F.R.
§563.9-3 regarding loans made to one borrower;
(g) deliver to Lender a certified copy of a duly enacted corporate resolution
authorizing the Loan, the granting of the ?Mortgage and setting forth the names(s) and
title(s) of the officer(s) authorized to execute documents in connection therewith.
Said resolution shall be in a.form- acceptable to Lender; and
(h) deliver to -Lender evidence that all real estate taxes and special assessments
due and payable on the Property including the first one-half (1/2) of the said
taxes parable in 1984 are paid in full.
Page 2 of 9
As consideration for, and as a further condition of the Loan, prior to making any
demands for payment from Title Company, Mortgagor shall;
(a) forthwith provide the necessary equity funds to pay in full the excess of the
cost of the construction of the improvements as described in the final engineering plans
and specifications over and above the loan proceeds available and said equity funds will
be made available and shall be fully expended prior to the requisition of any of the
loan proceeds. Mortgagor will supply Title Company and Lender with a lien waiver
executed by the general contractor in a form satisfactory to Title company and Lender.
Any equity funds expended by Mortgagor in the course of the construction of the improve-
ments shall be supported by valid mechanic's lien waivers, which shall be delivered
prior to the requisition of any of the Loan proceeds, and which shall be in a form
satisfactory to Title Company and Lender. Mortgagor may disburse its equity funds but
prior to the requisition of any of the mortgage proceeds Mortgagor must deliver to
Title Company valid mechanics' lien waivers in a form satisfactory to Title Company and
Lender evidencing, where applicable, receipt by the contractor, subcontractors or
Fuppliers of the actual a -mount paid for the work and/or materials described in said
waivers; and
(b) provide Lender with evidence of insurance coverage as to workmen's compensation,
multiple peril, public liability, and builder's risk, including vandalism and other
coverages, in form and amount and from a company or companies acceptable to Lender;
'when Lender finds that all of the above requirements have been met, Lender will so
advise Title Company. If Title Company is satisfied that the above requirements have
been met, then Title Company shall ngtify 'Mortgagor and Lender that it is ready to make
payments from the proceeds of the Loan in the following manner:
(a) except for disbursements made to acquire title to the Property, Title Company
shall not be obligated to make disbursements more than once in each calendar month and
all such disbursements shall be made on the 15th day of the month (herein called the
"Monthly Payout Date"). Mortgagor will, from time to time, reouest that Title Company
make disbursements pursuant hereto on the Monthly Payout Date in accordance with the
progress of the construction of the improvements. All of such requests shall be
accompanied by a certification from the general contractor on a form acceptable to Title
Company, stating the amount and nature of the work or labor performed or material furnished
to that date. In addition, such certification shall name the subcontractors and
materialmen or other persons who have performed such work or furnished such material_
Further, prior to each disbursement'of Loan proceeds, Mortgagor shall furnish to Lender
at Mortgagor's expense a certificate from Satire-Perovuist Inc., or another engineering
firm acceptable to Lender, addressed to Lender, the City of Chanhassen and Title Company_
stating that the quality of workmanship and the stage of construction are in accordance
with the final engineering plans and specifications submitted to Lender. If it is
intended that the disbursement be made directly to the general contractor, there will be
presented therewith lien waivers from each of the named subcontractors, suppliers or
other persons in an zmount equal to the portion of the requested draw intended for them.
Otherwise the requested disbursement will be made by Title Comnany directly to such
subcontractors, suppliers or other persons. All of said lien waivers and certifica-
tions shall be in actual dollar amounts and shall be in a form acceptable to Title
Company; and
Page 3 of 9
1
(b) such requests shall be submitted as aforesaid to Title Comrany at least five
+business days prior to the Monthly Payout Date and Title Company, the City of Chanhassen
and Lender will then have not more than five business days to satisfy themselves as to
the progress of said construction or the delivery of materials. If such disbursement is
not in order, Title Company shall promptly notify the parties hereto of its reason(s) for
refusing disbursement. Title Company shall disburse, subject to the provisions of this
Agreement, the amount requested or such lesser amount as it deems appropriate based on
and in accordance with the progress of construction of the improvements: provided,
however, if Title Company is satisfied that a disbursement is to be made in accordance
with the terms of this Agreement, it shall so notify Lender on or before the fourth of
said five business days so that the necessary funds will be available to Title Company
for disbursement on or before the fifth business day; and, Title Company shall then
disburse on the Monthly Payout Date.
It is agreed bhat Mortgagor will give Lender and Title Company notice of the com-
pletion of the improvements in order that Lender and Title Company may inspect the same
and determine that the same are satisfactory. At.the tiWe of the final payout of the
Loan proceeds, Mortgagor shall furnish to Lender and Title Company certificates from the
general contractor and Sathre-sergauist� Inc., or another engineering firm acceptable
to Lender, stating that the improvements were constructed according to the final engin-
eering plans and specifications on file with Lender and that the same are fully completed
in a good and workmanlike manner. Mortgagor further agrees that Lender has the right
during the construction of the improvements to inspect the work and the materials and if
Lender or Title Company finds at any time that said improvements have not been completed,
or that the improvements are not being constructed or were not constructed according to
said engineering plans and specifications, or that said improvements are not being con -
strutted or were not constructed partially or wholly in a good and workmanlike manner,
then all undisbursed funds in the hands of Title Company or Lender shall be withheld
until all of the conditions of this Agreement have been complied with by Mortgagor.
The Title Company shall continue to make such disbursements in accordance with the
procedures and conditions set forth herein until the improvements have been fully completes
If during construction or prior to the final disburserent of the Loan proceeds, t:,e
Property is made the subject of condemnation proceedings, Lender and Title Company are
authorized to withold any further pay-ments until an equitable agreement with Mortgagor
is reached.
Page 4 of 9
IT IS cu_r,ic .D UNDERSTOOD -STD AGREED, that in addition to the conditions set fort]
above, the disbursement of the Loan proceeds will be subject to the following -general
terns and provisions:
(a) Mortgagor shall, when due or as agreed, pay to Lender all loan costs and ch<
payments of interest and principal, taxes and insurance, as required by this Agreement
Mortgagor shall pay to Title Company when due its charges for services rendered hereur
for its ALTA title policy and its charges for handling the disbursement of the Loan
proceeds;
(b) once construction has co=enced, Mortgagor shall continue the construction of
the said improvements and with due dispatch and diligence shall proceed to complete the
improvements in a good and workmanlike manner and in accordance with the final engineei
plans and specifications on file with Lender. It is agreed that the development of the
Property shall commence within a period of not more than thirty (30) days following
execution of the Mortgage and that it will be completed on or before the maturity date
forth in the Note. It is further agreed that no funds shall be paid from the Loan proc
after the maturity date set forth in the Note. Additionally, it is agreed that, within
period of not more than nine (9) months following the execution of the Mortgage, constr
Lion of a -single family dwelling shall begin on -the Property and further that all struc
ores included in the development shall -be started within a period of not more than five
years following the execution of the Mortgage;
(c) Mortgagor agrees that it will not, during the life of this Agreement or duri
the life of the lortgage, create or suffer any additional lien or encumbrance on the
Property, except construction loans for new homes, without the prior written consent o
Lender;
(d) Mortgagor agrees that it will not make or permit any changes variations, omi
ions or additions to the final engineering plans and specifications without first pre—
senting to Lender and Title Company evidence of the increase or decrease in costs resu
ing from such changes and without obtaining the prior written consent of Lender and Ti
Company to such changes;
(e) '-Mortgagor agrees that it will at no time, except for reasons beyond its coast
permit abandonment or delay in the construction of the improvements, and that it ,.;ill
f orthwith remove or discharge any contractor or subcontractor and will cooperate with
Lender in every way, in the removal or discharge of any contractor or subcontractor whi
is not diligently proceeding with the work assigned to such contractor or subcontracto•
Any replacement contractor or subcontractor and his bid or contract must be approved b'
Lender and Title Company;
(f) Mortgagor agrees that in the event that construction ceases without good cau!
Lender shall have the right at Lender's option, without any obligation on the part of
Lender to do so, to enter onto the Property and engage such persons as - may be needed tc
complete the improvements or to protect the improvements from depravation, and all amo,
expended for such purposes shall be for the account of Mortgagor and such sums and any
additional sums needed shall, be added to the debt evidenced by the Note and secured by
Mortgage and shall bear interest thereon at the rate, of interest set forth therein;
Page 5 of 9
(g) during the construction of the improvements, Mortgagor agrees to pay interest
on the dates specified in the Note on the funds advanced from time to time pursuant to
this Agreement at the rate specified in the Note from the date of advancement; for
purposes of this Agreement, the date of advancement shall be the date upon which the
funds are delivered by Lender to Title Company as herein provided. In case of partial
repayments or prepayments of principal during construction of the improvements or there-
after, Lender shall compute the interest as aforesaid through the date on which any partial
repayment or prepayment of principal is made on the principal balance of the Loan then
outstanding; Lender shall then deduct from said principal balance then outstanding the
amount of such partial repayment or prepayment and shall compute interest on the principal
balance so reduced to the next repayment or prepayment date, or the next interest date
specified in the Note, whichever is first;
(h) Lender agrees to release individual lots from the Mortgage upon payment by
Mortgagor to it of the release price for the lot released as set forth on Exhibit B which
is attached hereto and incorporated herein bythis reference;
W until the Loan is paid in full, 'Mortgagor shall furnish Lender copies of its
balance sheet and profit and loss statements within three (3) months after the close of
each of its fiscal years;
(j) no part of the Loan proceeds shall be used or disbursed for the purpose of
paying to Lender any interest due on the Loan, until all improvements as described in
the final engineering plans and specifications have been completed and paid for, to the
satisfaction of Lender and the City of Chanhassen, or an escrow is established to cover
the completion of the same in an amount and on terms satisfactory to Lender, Title
Company, and the City of Chanhassen;
(k) Mortgagor shall submit evidence to Lender that it has, out of its own funds,
provided the City of Chanhassen a performance bond covering all improvements as may be
required by the City; or, if the City is willing to sign and deliver to Lender a letter
in the form hereto attached as Exhibit C and incorporated herein by this reference,
Mortgagor agrees to sign the consent attached to said letter. After Mortgagor notifies
Lender that the City and Mortgagor are willing to sign Exhibit C, with the blanks properly
filled in, Lender agrees to sign and deliver to the City a letter in the form hereto
attached as Exhibit D and incorporated herein by this reference, and Mortgagor agrees to
sign the consent attached to said letter, which letter shall have the blanks properly
filled in by Lender. Upon receipt of both letters properly executed, Title Company
agrees to follow the payment procedure provided for in said letters;
(1) the "Mortgage shall be of record prior to the commencement of work on the
Property and prior to the delivery of materials to the Property or Title Company_ shall
agree to insure Lender against lien claims by reason of Mortgagor's early start;
(m) Mortgagor shall pav all installments of real estate taxes when due and shall
prepay any special assessments when levied or as an alternative to prepayment of special
assessments, obtain an endorsement to the ALTA title insurance policy which shall insure
Lender against the lien of said assessments;
(n) Mortgagor has, and hereby accepts, the sole responsibility for the selection of
its own contractors and subcontractors, all materials, supplies and equipment to be used
in construction, according to the final engineering plans and specifications and for the
contract price set forth in.the sworn construction statement, and Lender assumes no
responsibility therefore. In the event that the funds on hand are insufficient to
complete the same in accordance with the final engineering plans and specifications, plus
any agreed extras, Mo rtgagor shall deposit and hereby agrees to deposit such additional
funds with Title Company as may be necessary to complete the improvements in accordance
Page 6 of 9
with the final engineering plans and specifications, plus any extras authorized by it and
agreed to by Lender; and
(o) Mortgagor agrees that at any time Lender and Title Company deem it to be necess•
ary, Lender is authorized to fill in -the recording data of the Mortgage in this instru-
ment and to record this instrument in the office of the Registrar of Titles in and for
Carver County, Minnesota. This instrument is the Construction Loan Agreement referred to
in the Mortgage, which Mortgage secures a debt in the original principal amount of
$297,000.00 as evidenced by and the terms of which are set forth in the Note, and which
Mortgage was given by Lundgren Bros. Construction, Inc., as Mortgagor, to First Federal
Savings and Loan Association of Minneapolis, as Mortgagee, dated June 7
1984, and recorded as follows:
In the office of the Registrar of Titles in and for Carver County,
Minnesota, on , 19 84 , as Document :lumber
0
covering the ?roaerty as legally described on Exhibit A hereto.
IT IS FURTHER LNIDERST00D AND AGREED, that a breach of any of the conditions, terms c
provisions ereof, shall be considered a default under the Note and Mortgage and such
default shall operate to accelerate the debt evidenced by the Note and secured by the
Mortgage in accordance with the terms of the Note and Mortgage, and Lender shall be
relieved of the obligation to make any further advances; provided, however, that Lender
at its option may elect to disregard any such default, such election, however, shall
in no way abridge or prejudice the right of Lender to later elect to exercise the
remedies provided herein and in the ?Tote and Mortgage for the same default, a similar
default or a subsequent default.
IN TESTIMONY WHEREOF, Lundgren Bros. Construction, Inc., First Federal Savings
and Loan Association of Minneapolis, and Title Insurance Company of Minnesota have
cause these presents to be executed by their duly authorized officers and their corporate
seals, if any, to be hereto attached the date and year as set forth below.
?age of 9
LILWDGREE�N ROS. CO;:STR'6CT102y, INC.
�-D
By : G),
Peter Pflaum
its President
Dated
}
J-L.ne 7 . 1984
STATE Or uTi-IT, '-E SOTA
COLN-fY Or „7N-N-PPIN
TITLE INSLTPA;xCE CO'Tc.N-' Or Hl-N'NESOTA
sy:�
Its
Dated June 7
FIRST F==Rai 5'X,'T IGS A'TD LOAR'
ssoc7 Tlo; o VT _-Po1�IS
Its Sr. Vice PresidzZt
Bv -
Its
, 19 84-
Dated Jtine 7 f 19
:he -orejc2 is 1nSt-',:lent " as 2c'tinO� ie:'= Q 7EI0re me t„S /th : cV Of
- June 1984, by Peter Pflaum, _-esi�Ent of ?;;ndg-en arcs. Ccnst--ct�on, Inc.,
a Hinnesota corrOrat-on, On UCnalf of the co_Do7aL_on.
DOROTHY HAHN
NOTARY PUBLIC . MINNESOTA
HENNEPIN COUNTY
If0m, Commission Expires Mar. 16, 1990
x x
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 7th day of
June , 1984, by Robert E. Dibble
, the Sr. Vice President
and Edward J. Schoenecker , the Assitant Vice President , of First Federal
Savings and Loan Association of Minneapolis, a United States of America corporation,
on behalf of the corporation.
+e
` S
OOROTHY HAHN
STATE OF MINNESOTA NOTARY PUBLIC, MINNESt1TA
HENNEPIN COUNTY
COUNTY OF HENNEPIN x My Commission Expires Mar. 16,1990
X
The foregoing instrument was ackno-wledge
d
before me this 7th day of
June , 1984, by /l/p/�/�i'f>t� ✓IJ�iLJSU� of Title Insurance Company
of Minnesota, a Minnesota corporation, on behalf of the corporation.
THIS INSTRUMENT WAS PREPARED 3Y:
First Federal Savings and Loan
Association of Minneapolis
77 South 7th Street
Minneapolis, MN 55402
r �
DOROTHY HAHN
NOTARY PUBLIC . MINNESOTA .
HENNEPIN COUNTY
My Commission Expires Mar. 16, 1990
x "
?aye 9 of 9
w
rY-?IBIT A
Legal Description
Lots One (1) through Nineteen (19), Block One, Chestnut Ridge at
Near Mountain 2nd .'addition, according to the plat thereof on file
and of record in the office of the Registrar of Titles in and for
Carver County, Minnesota.
E)=BIT B
Partial Release Schedule
for Near *fountain 2nd Addition
Block 1
Lot 1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17•
18
19
$ 17,000
17,000
17,000
17,000
17,000
17,000
17,000
18,000
18,000
17,000
17,000
18,000
18,000
18,000
18,000
17,000
17,000
17,000
18,000
City of Chanhassen
690 Coulter Street
Chanhassen, Minnesota 55317
June 4, 1984
Title Insurance Company of Minnesota, Inc.
400 Second Avenue South
Minneapolis, Minnesota 55401
Attention: Judy Hermanson
First Federal Savings and Loan Association
of Minneapolis
77 South Seventh Street
Minneapolis, Minnesota 55402
Attention: Dorothy Hahn
Re: Lundgren Bros. Construction, Inc.;
CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION
Ladies:
This letter addresses the operating procedures under which the City of
Chanhassen (herein "City") will authorize disbursements pursuant to the agree-
ment between Chanhassen, First Federal Savings and Loan Association of Min-
neapolis (herein "Lender") and Lundgren Bros. Construction, Inc. (herein
"Developer") described in the letter from First Federal and Lundgren to Chan-
hassen dated June Z_, 1984 (herein "the letter in lieu of bond").
1. Chanhassen will rely upon the certifications of Schoell & Madson,
Inc. (herein "Private Engineer"), addressed to Lender, Title Insur-
ance Company of Minnesota, Inc. (herein "Disbursing Agent") and City
(each such certification setting forth the quality of workmanship,
stage of construction according to the plans and specifications, and
certifying the work then completed to date in terms of actual dollar
amounts, all as per the Construction Loan Agreement executed contem-
poraneously with the letter in lieu of bond). This letter hereby
authori.zes Private Engineer, subject to the conditions set forth in
Paragraph 2 herein, to certify on behalf of City work completed to
date and disbursements by Disbursing Agent of Lender's loan proceeds
payable therefor.
seam a � +� � � � �• �,
Title Insurance Company of Minnesota, Inc.
First Federal Savings and Loan Association
of Minnesota
June 9 , 1984
Page Two
2. Each such certification by Private Engineer under Paragraph 1 above
shall be mailed or hand delivered to Lender, Disbursing Agent and
City on the same day. City shall have five working days from the
date of the postmark on, or the date of acknowledgement of hand
delivery of, such certification, to perform its own independent
inspection (if City so elects) and to object in writing to such
certification. Such objection in writing shall be mailed or hand
delivered to Disbursing Agent, Lender and Developer and such ob-
jection shall be postmarked, or receipt of hand delivery acknow-
ledged, on or before the fifth working day from the date of mailing
or hand delivery of such certification as aforesaid. In the event
City so delivers a written objection to such certification,.Dis-
bursing Agent and Lender shall not disburse any portion of the funds
to which objection is raised without the written consent of City.
City, in any such written objection, shall state clearly which work
it objects to, and which work it has approved, to date, and for which
payment is otherwise authorized. In the event Lender and Disbursing
Agent have not received written ojection to a certification by City
in the manner aforesaid, Lender and Disbursing Agent may rely upon
such certification to disburse sums described in the letter in lieu
of bond, provided that no more than 90% of the sums so certified are
thereby disbursed, and that 10% of such sums are retained until the
final inspection pursuant to Paragraph 4 below.
3. City reserves the right to suspend or to terminate the authorization
described in Paragraph 1 above at any time by delivering personally
or by mailing by certified mail, return receipt requested, written
notice to Developer, Disbursing Agent and Lender to such effect. Any
such suspension or termination shall be prospective only, and shall
not affect any certification issued by Private Engineer prior to such
suspension or termination by City. If City does suspend or terminate
the authorization described in Paragraph 1 above, City agrees that,
upon request therefor by either Developer, Disbursing Agent or
Lender, City will promptly make the inspection, and certify to Lender
and to Disbursing Agent that the work completed and the amount to be
paid out are acceptable to.City. Nothing contained in this para-
graph, however, shall be deemed to waive City's right to indepen-
dently inspect and certify work prior to any payment being made
therefor pursuant to this letter of undertaking.
4. Any language herein to the contrary notwithstanding, this letter
shall not constitute authorization to Private Engineer to act on
City's behalf in making the final inspection of the completed work as
provided under the Planned Residential Development Contract between
Developer and City dated September 21, 1983 as twice amended. Said
t
Title Insurance Company of Minnesota, Inc.
First Federal Savings and Loan Association
of Minneapolis
June & , 1984
Page Tree
final inspection shall be made by the Chanhassen City Engineer as
specified in said contract. In any inspection the City Engineer may
object to defects in the work which may have been overlooked in
previous inspections by the Private Engineer or by.the City Engineer.
The fact that the City may have authorized payments for defective
work shall not be deemed a waiver of the City's right to demand that
the work be corrected.
Very truly yours,
CITY OF CHANHASSEN
(1-1
B y �._e` '
Its 6? Z2/161
CONSENT
Lundgren Bros. Construction, Inc. hereby consents to the provisions of the
foregoing letter and agrees that said letter does not modify or restrict the
authorization granted by the undersigned in its letter in lieu of bond, ad-
dressed to the City of Chanhassen and signed by the undersigned and the First
Federal Savings and Loan Association of Minneapolis, including particularly,
and without limiting the generality of the foregoing, Paragraph 4 thereof.
LUNDGREN BROS. CONSTRUCTION, INC.
Dated: June , 1984 B3
June 7, 1984
City of Chanhassen
690 Coulter Street
Chanhassen, Minnesota 55317
Re: CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION
Gentlemen:
This letter is given in lieu of the bond normally required by the City
of Chanhassen (the "City") to secure completion of residential subdivision
improvements. Lundgren Bros. Construction, Inc. (the "Developer") is the
developer of CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION, Carver County,
Minnesota. On , 1984 the Developer executed a Promissory
Note, a Mortgage an a onstruction Loan Agreement with First Federal
Savings and Loan Association of Minneapolis ("Lender") in the amount of
$297,000.00 of which $ (the "Subdivision Improvement Amount") is
earmarked to pay for the cost o& the residential subdivision improvements in
CHESTNUT RIDGE AT NEAR MOUNTAIN 2ND ADDITION required by the September 21, 1983
Planned Residential Development Contract between the Developer and the City,
as revised by an addendum dated September 21, 1983 and by a second addendum
dated 1984.
1. The disbursement of all funds from the proceeds of said loan shall
be made by Lender through Title Insurance Company of Minnesota (the
"Disbursing Agent"). The disbursement of the Subdivision Improvement Amount
shall be made only pursuant to the terms of this letter.
2. In the ordinary course, disbursements of the Subdivision Improve-
ment Amount shall be made upon the joint authorization of the Lender and the
City to the Disbursing Agent.
3. If the Developer fails to perform its obligations under the Planned
Residential Development Contract after 30 days written notice of default
given by the City (or without notice, if the default occurs within 30 days
of the expiration date of this letter agreement), disbursements of the
Subdivision Improvement Amount shall be made upon the individual authori-
zation of the City addressed to the Lender and the Disbursing Agent, signed
by the Mayor or Clerk of the City, and accompanied by a statement signed on
behalf of the City stating that the Developer has failed to perform its
obligations under the Planned Residential Development Contract and speci-
fying the terms -of noncompliance with said contract.
4. The Developer hereby consents in advance to the disbursement of
the Subdivision Improvement Amount pursuant to the terms of this letter.
F: ,
" City of Chanhassen
June % , 1984
Page Two
5. The Lender's liability to disburse funds pursuant to this letter
agreement shall not be affected by the bankruptcy, insolvency or financial
situation of the Developer at the time disbursement requests are made.
6. If the costs of completing the Planned Residential Development
Contract exceeds the Subdivision Improvement Amount, the Lender shall be
under no obligation to disburse funds for such work in excess of said
amount.
7. This letter agreement shall expire five years from date hereof.
FIRST FEDERAL SAVINGS AND LOAN
ASSOCI ON OF MINNEAPOLIS p
t,�
By
�
is
LUNDG,nBROS.tGGTTRUCTION, INC.
By �.
s
zi
REGULAR CHANHASSEN C ( COUNCIL MEETING
MAY 7, 1984
_ Acting Mayor Geving called the meeting to order. The meeting was opened
with the Pledge to the Flag.
Members Present
.Councilman Horn, Councilwoman Watson, Councilwoman Swenson
Mayor Hamilton came late
Staff Present
Don Ashworth, Bill Monk, Scott Martin
Lori Sietsema, Park and Recreation Intern
APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as
presented with the additions of 201 Program and Zamor Resolution. Motion
seconded by Councilman Horn. The following voted in favor: Acting Mayor
Geving, Councilwomen Watson and Swenson, and Councilman Horn. No nega-
tive votes. Motion carried.
CONSENT AGENDA: The following items were removed from the Consent
Agenda:
d. First Reading of Sewer and Water Ordinances.
i. Approve Standard Form Development Contracts for Owner and Municipal
Installation of Improvements.
Councilwoman Swenson moved to approve the consent agenda pursuant to the
City Manager's recommendations:
a. Zoning Ordinance Amendment Request to Allow for Commercial Stables
and Riding Academies in the R-lA District as Conditional Use, First
Reading.
b. Final Plat Review, Hillside Oaks.
c. Municipal Improvements Policy, Consultants.
e. Re -certification of Assessments for Tax Forfeiture Property, Public
Hearing June 4, 1984.
f. Approve Plans and Specifications for Lake Susan Park Landscaping
Plan.
g. Fireworks Display Permit, July 4th, William Naegele.
h. Resolution Approving Issuance of Duplicate Bond Coupons.
RESOLUTION #84-22.
j. Final Plat Review, Chestnut -Ridge at Near Mountain, Lundgren Bros.
Construction, Inc. 0,z,',0l kt'or
Motion seconded by Councilman Horn. The following voted in favor:
Acting Mayor Geving, Councilwomen Watson and Swenson, and Councilman
Horn. No negative votes. Motion carried.
PUBLIC HEARING, LANDFILL SITES: Al Klingelhutz reminded Council members
that a public meeting will be held May 17th at 7:30 p.m. on the Landfill
Sites in Carver County.
CARVER COUNTY DEPUTY ASSESSOR, SCOTT WINTERS: Don Ashworth introduced
Scott Winters to the Council. He is assigned to Chanhassen.
Mayor Hamilton came at this point in the meeting.
WAlfI
TOPOLITA
conTROL y T
COfTlmiffion
Twin Cities Area
May 21, 1984
Mr. William Monk
Engineer
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
RE: Chestnut Ridge at Near Mountain 2nd, 3rd, and 4th Additions
Dear Mr. Monk:
The Metropolitan Waste Control Commission has reviewed your application
for a sanitary sewer extension for Chestnut Ridge at Near Mountain
2nd, 3rd, and 4th Additions. This project is in accord with your
comprehensive sewer plan (CSP) and consistent with the Metropolitan
Urban Service Area.
We will file this project as part of your CSP and inform the Minnesota
Pollution Control Agency that we have.no objections to the installation
of these facilities.
Sincerely,
R. A. Odde
Community Services Manager
cc: Metro Council
Don Perwien, MPCA
RECEIVED
350 METRO fOUARE BLDG. MAY 2 2 1984
7TH & ROBERTlTREET!
lAInT PAUL i22222 551.64Go612CM OF CHANHASSEN
n
recycled 4r
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
April 5, 1985
Mr. Peter Pflaum
Near Mountain Partnership I
935 E. Wayzata Boulevard
Wayzata, MN 55391
Dear Mr. Pflaum:
This is to formally notify you that the City Council at the April
1, 1985 meeting approved your final plat request for Chestnut
Ridge at Near Mountain 5th Addition subject to the following con-
ditions:
1. Continuation of the berm along the south boundary of Lots
1-5, Block 1 and Lot 1, Block 2.
2. A 25 foot front setback and a 10 foot side setback.
3. Approval of improvement plans and specifications.
Please submit two hardshells and two mylars of the final plat for
city review and signatures.
Please feel free to contact me if you have any questions.
S' erely zo Barbara Dacy
City Planner
BD:v
SCANNED
CITY OFCHANHASSEN -� W
Aco
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Endorsed 1�
MEMORANDUM Modified
Rejected_
Date ____
T0: Don Ashworth, City Manager Date Submitted to Commission
FROM: Bob Waibel, City Planner Datemw_Lo-u
DATE: May 1, 1984 -
SUBJ: Final Plat Review, Chestnut Ridge at Near Mountain,
Lundgren Brothers Construction, Inc.
PLANNING CASE: 79-2 PUD
Attached for City Council approval are the Development Contract
Second Addendum and four Final Plats for separate phases of
Chestnut Ridge at Near Mountain. A master plan of the Near
Mountain development is also attached for reference in locating
each phase/addition in the project. (Phasing plans are con-
sistent with previous approvals by the City.)
There are two issues regarding this approval which need to be brought
to Council attention at this time. These involve the need for
dedication of 17 feet of additional right-of-way along TH 101 and
a revision of the legal description for the portion of Cascade
Pass which is to be vacated.
The final plat for Chestnut Ridge at Near Mountain 2nd Addition
does not reflect the City Council condition for an additional 17
feet of right-of-way to be dedicated along Highway 101. A
revised final plat containing this dedication will i;— available
at Monday night's City Council meeting.
The attached letter of April 27, 1984 from Mr. Hugh M. Maynard
notes that a minor change in the legal description for the por-
tion of Cascade Pass which is to vacated is needed. Staff
finds this change appropriate.
The Council should act to authorize the Mayor and City Manager to
sign the final plat for Near Mountain PRD on behalf of the City
provided that the applicable performance sureties for public
improvements have been submitted to and approved by the City
Engineer, and provided that the above issues have been satisfac-
torily resolved.
LUnDGR(n
ONSTRUCTION
BROi
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
May 1, 1984
Mr. Bob Waibel
City Planner
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Dear Bob:
Enclosed are two signed City of Chanhassen Residential Contract
Second Addendum Near Mountain Properties.
Sincerely,
LUNDGRE BROS. CONSTRUCTION, INC.
4.
Peter Pflaum
President
PP/pm
CITY OF CHANlHASSEN
EMIR 9;17
COMMUNITY DEVELOPMENT DEP'
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 11, 1984
Mr. Peter Pflaum
Lundgren Brothers Construction Company
935 East Wayzata Blvd.
Wayzata, MN 55391
Dear Mr. Pflaum:
As you are aware, on May 7th the City Council acted to approve
the final plats for Chestnut Ridge at Near Mountain First,
Second, Third and Fourth Additions. The plat for the First
Addition will be signed as soon as -it is submitted, however, the
other three plats must be accompanied by financial guarantees as
specified in the approved development contract. -
Should you have any questions on this matter, please let me know.
Sincerely,
William Monk
City Engineer
WM:k
sc,"NED
3-6-84
CITY OF CHANHASSEN
RESIDENTIAL CONTRACT SECOND ADDENDUM
NEAR MOUNTAIN PROPERTIES
THIS AGREEMENT, made and entered into this day of
, 1984 by and between NEAR MOUNTAIN LIMITED
PARTNERSHIP I, a limited partnership which Peter Pflaum and
Robert L. Malamed are General Partners, and the CITY OF
CHANHASSEN, a Minnesota Municipal Corporation;
WITNESSETH, that the City, in the exercise of its powers pur-
suant to MSA §462.358 and other applicable state laws, and the
Developer, in consideration of the mutual covenants herein con-
tained, recite and agree as follows:
SECTION 1. RECITALS.
1.01. Final Development Plan Amendment Approval. The
Developer has heretofore made application to the City under the
Zoning Ordinance for the approval of a final development plan
amendment to the Near Mountain Planned Residential Development
District to amend proposed street and property line alignments
and include an approximate 6 acre parcel in the northwest corner
of the intersection of Highway 101 and Pleasant View Road within
the project area. The Planning Commission duly held a public
hearing on February 8, 1984 on the Final Development Plan
Amendment application. Thereafter, the City Council on February
27, 1984 granted Final Development Plan Amendment approval. All
said approvals being subject to the applicable terms and con-
ditions of original agreements as well as the within agreement
and on the further condition that the developer and owners enter
into this agreement.
SECTION 2. CONDITIONS.
2.01. That the developer dedicate 17 feet of right-of-way
along the west side of Trunk Highway 101 with said dedication to
extend 492 feet northward of the intersection of Pleasant View
Road and Trunk Highway 101.
G
IN WITNESSETH WHEREOF, the parties hereto have caused these
presence to be executed on the day and year first above written.
NEAR MOUNTAIN LIMITED PARTNERSHIP I
.J
BY:
Its:
By:
Its:
CITY OF CHANHASSEN
By:
Its: Mayor
By:
Its: Citv Manaaer
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
On this day of 19 before me,
a notary public within and for sgid County, persona ly appeared
and
to me personally known, who, being each by me duly sworn did say
that they are respectively the „ '� ,.j, e,
and of the limited partnership named
in the foregoing instrument, and that said instrument was signed and
sealed in behalf of said limited partnership by authority of its
and said
acknowledged said instrument to be the free act and deed of said
limited partnership.
saao+►�
MARGARET D. DOL AN
t!'po .. NOTARY PUBLIC — H!INNEr-OTA
Fir_ 4EPIN COUNT'.
9
: = My Commission Expima Nov. 3, i
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
Not rye ublic
On this day of , 19_, before me,
a notary public within and for said County, personally appeared
Thomas L. Hamilton 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 municipal cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said
municipal corporation, and that said instrument was signed and
sealed in behalf of said municipal corporation by authority of
its City Council and said Thomas L. Hamilton and Donald W.
Ashworth acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
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Al
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3-6-84
CITY OF CHANHASSEN
RESIDENTIAL CONTRACT SECOND ADDENDUM
NEAR MOUNTAIN PROPERTIES
THIS AGREEMENT, made and entered into this. A, 64 day of
flt.—e' , 1984 by and between NEAR MOUNTAIN LIMITED
PARTNERSHIP I, a limited partnership which Peter Pflaum and
Robert L. Malamed are General Partners, and the CITY OF
CHANHASSEN, a Minnesota Municipal Corporation;
WITNESSETH, that the City, in the exercise of its powers pur-
suant to MSA §462.358 and other applicable state laws, and the
Developer, in consideration of the mutual covenants herein con-
tained, recite and agree as follows:
SECTION 1. RECITALS.
1.01. Final Development Plan Amendment Approval. The
Developer has heretofore made application to the City under the
Zoning Ordinance for the approval of a final development plan
amendment to the Near Mountain Planned Residential Development
District to amend proposed street and property line alignments
and include an approximate 6 acre parcel in the northwest corner
of the intersection of Highway 101 and Pleasant View Road within
the project area. The Planning Commission duly held a public
hearing on February 8, 1984 on the Final Development Plan
Amendment application. Thereafter, the City Council on February
27, 1984 granted Final Development Plan Amendment approval. All
said approvals being subject to the applicable terms and con-
ditions of original agreements as well as the within agreement
and on the further condition that the developer and owners enter
into this agreement.
SECTION 2. CONDITIONS.
2.01. That the developer dedicate 17 feet of right-of-way
along the west side of Trunk Highway 101 with said dedication to
extend 492 feet northward of the intersection of Pleasant View
Road and Trunk Highway 101.
SCANNED
IN WITNESSETH WHEREOF, the parties hereto have caused these
presence to be executed on the day and year first above written.
NEAR 14OUNTAIN LIMITED PARTNERSHIP I
By:
Its:—
By:
Its:
CITY OF CHANHASSEN
BY:
Its: -Mayor
By: r,� gI
- - a,-S
Its: City Manager
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
On this �_ day of , 19,E , before me,
a notary publi.9 within and for s,iid County, personally appeared
A.<z4l'f"�-and
to me personally known, who, being, each by, me, duly sworn did say
that they are respectively the �!�y�`.�.fp,f` /='c�- r,.•
and of the limited partnership -named
in the foregoing instrument, and that said instrument was signed and
sealed in behalf of said limited partnership by authority of its
and said
acknowledged said instrument to be the free act and deed of said
limited partnership.
Poo
.�.?�s.
w.:.. MARGARET D. COL AN'. F
out�q,�k} NOTARY PUBLIC — MtNN SOT^ r'
a$
i gy Commission Expires Nov. 3. 19ed
4-,I,;I..".�
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
Notary Pblic
On this %/�`' day of 7)z (cam 19EY, before me,
a notary public within and for said County, personally appeared
Thomas L. Hamilton 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 municipal cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said
municipal corporation, and that said instrument was signed and
sealed in behalf of said municipal corporation by authority of
its City Council and said Thomas L. Hamilton and Donald W.
Ashworth acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary eublicj
KAREN J. ENCEROT
s.raNOTARY r+TA j} t1�1 CAP i t ;Gi)i�TY
',.`. My commr_..._ : ..;gyres )C1. 11 1960 g2i
.�r.F::vad�smt sAs�,�.w,N
Council Meeting February 27, 1984 �2_
R-E-Z-ONING, SUBDIVISION Aft 'SITE PLAN, SUNNYBROOK DEV JPMENT GROUP:
The City Attorney recommended that the Council action not include the
rezoning. Action on the rezoning should occur at the time that the plat is
presented.
Councilwoman Watson moved to approve the site plan -and preliminary plat
for the Sunnybrook Development Group. Motion seconded by Councilman Horn.
The following voted in favor: Mayor Hamilton, Councilwomen Swenson and
Watson, Councilmen Horn. No negative votes. Motion carried.
APPLICATION FOR INDUSTRIAL REVENUE BONDS, SUNNYBROOK DEVELOPMENT GROUP:
RESOLUTION#84-08: Councilman Horn moved the adoption of a preliminary
resolution subject to the condition that the bonds be privately placed and
that all requirements of City Resolution #81-07 be met prior to approval of
a final resolution authorizing the issuance of the bonds. Resolution
seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative
votes. Motion carried.
PUBLIC HEARING
NEAR MOUNTAIN
FINAL DEVELOPMENT PLAN AMENDMENT
STREET AND EASEMENT VACATION REQUESTS
Mayor Hamilton called the hearing to order with the following interested
persons present:
Peter Pflaum, 18070 Breezy Point Road, Wayzata
Rick Denman, Lundgren Bros. Const.
Dennis Mulvey, 935 E. Wayzata Blvd.
Rick Sathre, Sathre-Bergquist, Inc.
There being no further comment from the public, Councilwoman Swenson moved
to close the public hearing. Motion seconded by Councilman Horn. The
following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson,
Councilmen Horn. No negative votes. Motion carried.
FINAL DEVELOPMENT PLAN AMENDMENT, STREET AND EASEMENT VACATION, NEAR
MOUNTAIN:
RESOLUTION #84-09: Councilwoman Swenson moved the adoption of a resolution
to accept the final development plan amendment, street and easement vaca-
tion for Near Mountain PRD, Lundgren Bros. as depicted on the
Sathre-Bergquist, Inc. proposed amended plan for Near Mountain and the
Sathre-Bergquist, Inc. legal descriptions of proposed street, utility and
drainage easement vacations dated received February 2, 1984. Resolution
seconded by Councilwoman Watson. The following voted in favor: Mayor
Hamilton, Councilwomen Swenson and Watson, Councilmen Horn. No negative
votes. Motion carried.
MINUTES: Councilwoman Swenson moved to note the February 8, 1984, Planning
Commission minutes. Motion seconded by Councilman Horn. The following
voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson,
Councilmen Horn. No negative votes. Motion carried.
SUBDIVISION AND VARIANCE REQUEST, 1381 LAKE LUCY ROAD, TED COEY: Al
Klingelhutz and Ted Coey were present.
Mayor Hamilton - I wanted clarification from the staff on two items. The
applicant record the proposed subdivision in the form of a plat. If I can
have some clarification on that, and the building plans for the proposed
homes on Parcels A and B be certified by a registered architect or
engineer.
-r
Planning Commission Minutes
February 8, 1984
Page 2
surveyor felt that it was the best layout for the property and also
that a metes and bounds description was just as good as RLS or lots
and blocks. Mr. Happe also stated that he will get percolation
tests done when the snow melts.
Waibel stated that Mr. Happe would have to submit the request to
build the home in the middle of parcel 2 to the Board of
Adjustments and Appeals for a variance at the time a building
permit is taken out.
S. Albee moved, seconded by J. Thompson to close the public
hearing. All voted in favor and the motion carried.
The Commissioners wanted to know how if the City would be liable
for failing septic systems. They felt they could not make a
recommendation because there were no percolation tests done. They
noted that there were 5 variances to be dealt with on the sub-
division.
M. Thompson moved, seconded by J. Thompson that the Planning
Commission deny the request based on there being 5 variances
requested., 201 study results were "marginal to failing" on the
existing septic system and that the applicant wants to record the
property in metes and bounds. J. Thompson, S. Albee, B. Ryan and
M. Thompson voted in favor. L. Conrad voted nay. Motion carried.
*On February 22, 1984 the Planning Commission added the following
statement to the above recommendation, "Commissioners J. Thompson
and Albee stated that they are still unhappy about the allowing
of 21 acre subdivisions in the unsewered areas."
Final Development Plan Amendment, Street and Easement Vacation
Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing.
Public Present
Rick Denman Lundgren Brothers
Sherman Goldberg Lundgren Brothers
Dennis Mulvey Lundgren Brothers
Peter Pflaum Lundgren Brothers
Nancy Osgood 745 Pleasant View Road
Alan Kramer 531 Indian Hill Road
Waibel stated that the request is for final plan amendment and
street and utility easement vacation approval for the Near Mountain
P.R.D. He noted that in review of this request a discrepancy in the
number of units was discovered. Apparently the preliminary plat
showed only 134 family units as opposed to the previously
approved 144 units. The amendment request is an increase in pro-
ject area from 147 acres to 153 acres and a denisty increase of
.07 units per acre. He stated that staff finds that the reduced
average lot size is minor as well as the overall project density
Planning Commission Minutes
February 8, 1984
Page 3
change of 1.94 to 2.01 units per acre. He stated that the pro—
posed gross density is .2 units below the minimum density
prescribed in the Comprehensive Plan which states the low density
residential areas shall have a density range of 2.2 to 3.4 units
per acre.
Waibel stated that the City Engineer indicated that the street
and easement vacations are of no detriment to the City and result
in overall improvement to the plan.
The applicants had a slide presentation and were available to
any answer questions.
J. Thompson moved, seconded by B. Ryan to close the public hearing.
All voted in favor and the motion carried.
J. Thompson moved, seconded by S. Albee that the Planning
Commission recommends approval of the Final Development Plan
Amendment and street and utility easaement vacations as depicted on
the Sathre Bergquist, Inc. proposed amended plan for Near Mountain
and the Sathre Bergquist, Inc. legal descriptions of proposed
street, utility and drainage easement vacations dated received
February 2, 1984.
J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor.
M. Thompson abstained. Motion carried.
Subdivision Variance Sketch Plan Review, Northeast and Northwest
Corners of Intersection of Co. Rd. 17 (Powers Blvd.) and Co. Rd.
18, Brian and Neil Klingelhutz.
Waibel stated that this is a sketch plan review to subdivide 10
detached single family residential unsewered lots. The property
has moderate to severe slope conditions which require the pro-
perty to have four accesses, two of which are onto Co. Rd. 17 and
two onto Co. Rd. 18. The County and City Engineers conclude that
due to the slope limitations of the property, the accesses as
proposed are probably acceptable, however, no additional future
accesses should be allowed.
Waibel noted that the preliminary plat must demonstrate that
future building sites will be designed to allow for site con-
ditions proper for home construction, driveway access, and pri-
vated septic system, drainfield and well installation according
to the City Engineer and the Soil Conservation Service.
After review of the sketch plan the Commissioners encouraged the
applicants to prepare the preliminary plat with the following
suggestions:
Q`
-ebru�" 8, t984
ALBC.1 C HER el uG ,
Minnegauo
January 31, 1984
Mr. Bob Waibel
City Planner
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Mn 55317
Re: Final Plan Amendment, Near Mountain
Dear Mr. Waibel:
Enclosed are plans of the Near Mountain subdivision with our
facilities shown in red. Also enclosed is a plan for a main
extention into the area. The location shown on the plan are
informational only and should not be used for construction. If
the developer desires to have additional gas service in the area,
he should make early application with our sales department
(Tom Kral 544-0108) .
Sincerely,
Richard J. Pilon, P.E.
Supervising Engineer
System Design
/lk
A Company of Diversified Energies, Inc. 201 South Seventh Street, Minneapolis, Minnesota 55402
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 Action by City Administrator
Endorsed_
STAFF REPORT Modified
Rejected
TO: Chanhassen Planning Commission Date
Date Submitted t0 Commissinrt
FROM: Bob Waibel, City Planner /o
' Submitted to Council
DATE: January 31, 1984 A z_ J /ty
SUBJ: Final Development Plan Amendment, Street and Easement Vacation
Request, Near Mountain P.R.D., Lundgren Brothers, Public
Hearing.
PLANNING CASE: 79-2 P.U.D.
GENERAL INFORMATION
Applicant
Lundgren Brothers Construction, Inc.
935 East Wayzata Blvd.
Wayzata, MN 55391
Status of Applicant
Owner/developer.
Requested Action
Final development plan amendment,
and street and easement vacation
approval.
Purpose
To incorporate the approximate 6
acre Ame.cian Lutheran Church parcel
located in the northwest corner of the
intersection of T.H. 101 and Pleasant
View Road into the project plat; to
rearrange some of the previouly
approved and/or platted property lines
in the east/central portion of the
project; to vacate certain dedicated
street right-of-way and lot line ease-
ments.
Existing Zoning
P-1, Planned Residential
Development.
Location
Southwest corner of the intersection
of Townline Road and T.H. 101.
Size
Previous project area - 147 acres.
Proposed project area - 153 acres.
Staff Report
January 31, 1984
Page 2
Existing Land Use
Adjacent Land Use
1990 Land Use Plan
a. Land Use
b. Transportation
Zoning History
Applicable Regulations
Agricultural, vacant land.
(Northwesterly most 20 + acres pre-
sently under construction for resi-
dential development.)
North: (Minnetonka) Single family
detached; zoned R-1.
South: Single family detached;
zoned R-1.
East: (Eden Prairie) Planned low
density residential.
West: Agricultural; zoned P-1.
The property for which the present
plan amendment request is proposed
is designated for low density resi-
dential development.
The streets in and around the Near
Mountain P.R.D., with the exception
of T.H. 101, are designated as local
streets. T.H. 101 is designated as
collector.
February, 1972: The property was
zoned R-lA, Agricultural Residence
District as part of the adoption of
Zoning Ordinance 47.
May, 1981: The property was rezoned
to P-1, Planned Residential
Development District.
Section 14.06, subsection 2 of
Zoning Ordinance 47: Changes in
uses, any rearrangement of lots,
blocks or building tracts, any
changes relating to common open
space areas and all other changes in
the approved final development plan
may be made by the City Council only
after a public hearing by the
Planning Commission and the sub-
mission of its recommendations to
the City Council.
Staff Report
January 31, 1984
Page 3
Applicable Regulations
(continued)
SPECIAL INFORMATION
Public Utilities
Referral Agency Review
Minnesota Statutes 462.358 requires
the City Council to publish and hold
a public hearing for vacation of
streets and easements. Action may
be taken only upon receipt of writ-
ten recommendation from the Planning
Commission and City Engineer whether
a vacation(s) is of no detriment to
the City.
Installation of street, sewer and wate
public improvements is presently under
way in the east central portion of the
property. The provision of public
improvements to the remainder of the
project has been demonstrated in pre-
vious project engineering data. The
present plan amendment and street and
easement vacations have no detrimental
impact on existing or proposed public
improvements.
No comments received as of writing this report.
ANALYSIS
The request is for final plan amendment and street and utility ease-
ment vacation approval for the Near Mountain P.R.D. In review of this
request an apparently significant matter of plan review history has
come to surface. An attempt to describe these circumstances goes as
follows.
On November 19, 1979 the City approved a Preliminary Development Plan
for 120 condominiums, 144 single family and 36 quadraminiums units
totaling 300 units for the Near Mountain Project at a gross density of
2.04 units per acre.
On May 11, 1981 the City approved the current Final Development Plan
(see attached preliminary plat prepared by Schoell and Madson) which
showed only 134 single family units as opposed to the previously
approved 144 units. The applicant has indicated that apparently this
,loss of ten units went unnoticed by them at the time of final plan
approval since they had always felt that the density was quite low and
never saw the need for a voluntary reduction in units for their pur-
poses. This circumstance is somewhat further affirmed by the City
records of the Near Mountain P.R.D. review which do not reveal that the
City at any time required any reduction in the number of proposed
units. Although it is hoped that more information regarding these
circumstances will be available at the Planning Commission hearing,
Staff Report
January 31, 1984
Page 4
the plan amendment nonetheless can be generally described as follows:
Housing By Final Plan of May 11, 1981 Proposed Plan Amendment
Type (As amended July, 1983) February, 1984
Number of Units Number of Units
Single Family Type A
(100' min. width) 64
64
Single Family Type B
(75' min. width) 71
27
Single Family Type C
(68' min. width) 31
97
Quads -0-
-0-
Condominiums _ 120
120
Totals 286 147 acres
308 153 acre;
Gross Density 1.95 D.U./A.C. Gross Density
2.01 D.U./A.C.
You will note from the above that the principal elements
of the current
plan amendment is an increase in project area from 147 acres
to 153
acres and a density increase of .07 units per acre. (Compared to the
preliminary plan approved in 1979, the current proposal
has a density
reduction of .03 units per acre.)
You will also note from above the various housing styles
planned to be
built by the applicant are broken into three categories
of Types A, B
and C. The minimum standard for these unit types are listed
below and
are consistent with previously plan approvals.
Minimum Standards for Living Areas
Single Family Type A Type B
Type C
Lot Area 14,400 12,000
10,000
Front Yard 30' 30'
25'
Side Yard 10, 10,
101/51*
Rear Yard 30' 30'
30'
Lot Width at Setback 100, 75'
681
Lot Depth 120' 110,
100,
Maximum Building Height 21 stories 21 stories
21 stories
* On alternating side lot lines
10
Staff Report
January 31, 1984
Page 5
The proposed areas of distribution of units by housing type can be
found on the attached proposed amended plan. The major change in
the proposed distribution occurs in the replacement of 44 Type B
units with 50 units of Type C construction. The remaining 47 of
the 97 Type C units are accounted for in the 31 units approved in
the 1983 plan amendment (replaced the 36 quads previously
approved in the northeast corner of the project) and the 16 units
proposed on the six acre American Lutheran Church property at the
northwest corner of the intersection of Hwy. 101 and Pleasant
View Road.
Regarding the changes in lot sizes and density for the newly pro-
posed Type C units, staff finds that the reduced average lot size
is minor as well as the overall project density change of 1.94
units per acre to 2.01 units per acres. Additionally, the pro-
posed gross density is .2 units below the minimum density
prescribed in the Comprehensive Plan which states that low den-
sity residential areas shall have a density range of 2.2 to 3.4
units per acre.
All of the lots proposed contain an adequate area to provide for
home construction and useful yard area.
The incorporation of the American Lutheran Church property into
the P.R.D. is seen as a significant improvement since it averts
the need for the property to have future individual accesses onto
Hwy. 101 or Pleasant View Road. Although the access proposed in
this area exceeds the 500 foot length standard by 150 feet, this
is mitigated by the fact that none of the lots are farther than
150 feet from surrounding streets from which emergency services
could be provided in the event that the cul-de-sac would ever be
obstructed.
In order to provide access to the American Lutheran Church property
and to improve road alignment and lot design, the right-of-way and
lot line easements shown on Attachments 2A and 2B are proposed to
be vacated and replatted.
The City Engineer has indicated
detriment to the City and result
plan (see Attachment #3).
Recommendation
that these vacations are of no
in overall improvement to the
Staff recommends the following motion for Planning Commission
adoption.
The Planning Commission recommends approval of the Final
Development Plan Amendment and street and utility easement vaca-
tions as depicted on the Sathre Bergquist, Inc. proposed amended
plan for Near Mountain and the Sathre Bergquist, Inc. legal
descriptions of proposed street, utility and drainage easement
vacations dated received February 2, 1984.
Staff Report
January 31, 1984
Page 6
Planning Commission Action
J. Thompson moved, seconded by S. Albee that the Planning .
Commission recommends approval of the Final Development Plan
Amendment and street and utility easaement vacations as depicted on
the Sathre Bergquist, Inc. proposed amended plan for Near Mountain
and the Sathre Bergquist, Inc. legal descriptions of proposed
street, utility and drainage easement vacations dated received
February 2, 1984.
J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor.
M. Thompson abstained. Motion carried.
Staff Update
Since the Planning Commission review of this item, the City has
received a recommendation from MnDOT (see Attachment #8) that
right-of-way along T.H. 101 be dedicated for purposes of
construction of a right turn lane at Pleasant View Road. In
response, staff is recommending that the applicant dedicate an
additional 17 feet of right-of-way along the easterly property
line of the American Lutheran Church property. Construction of
the turn lane is not being recommended at this. However, such
should be periodically reconsidered as traffic volumes at this
intersection increase and as final plat reviews for future phases
of the Near Mountain project are conducted.
Attachment #5 shows the proposed street and neighborhood signage
for the Near Mountain project. Although the street signs are
planned to be mounted on 4 x 4 cedar posts, the City Engineer has
no problems with this adaptation. The proposed neighborhood
signage is in compliance with Sign Ordinance No. 36.
Report Attachments
1. Location map.
2A. & 2B. Proposed street, utility and drainage easement vacations.
3. City Engineer's memorandum dated February 1, 1984.
4. Sathre Bergquist, Inc. legal descriptions for proposed
street, drainage and utility easement vacations dated
received February
2, 1984.
5.
Proposed description from Dennis Mulvey of Near Mountain
partnership dated
received February 2, 1984.
6.
Schoell and Madson
Preliminary Plat for Near
Mountain
Partnership.
7.
Sathre Bergquist,
Inc. proposed amended plan
for the Near
Mountain property
dated received February 2,
1984.
8.
Letter from MnDOT
District Engineer, William
Crawford, dated
received February
10, 1984.
9.
Planning Commission
Minutes of February 8, 1984.
10.
Proposed signage.
I
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Near Mountain Project
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Attachment #2A
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Bob Waibel, City Planner
FROM: Bill Monk, City Engineer
DATE: February 1, 1984
SUBJ: Near Mountain
Utilities
Lateral sanitary sewer and water service will be extended to
service the cul-de-sac in the southeast corner of the site.
Otherwise, no changes are required.
Streets
The changes proposed to the Near Mountain street system include
extension of a 650 foot long cul-de-sac to provide access to lots
in the southeast corner of the site and a minor realignment of
Cascade Pass just west of Castle Ridge.
Although the proposed cul-de-sac exceeds City standards, it pro-
vides a more acceptable access situation than having the corner
lot access directly to T.H. 101 or Pleasant View Road. Also, the
relatively flat terrain makes secondary cross country access
available.
The need to vacate and realign a portion of Cascade Pass will
allow for an improved intersection and improved lot layout.
Bascially, the street stub should not have been platted with the
earlier phase.
Drainage
The only modification to the extensive storm sewer plan pre-
viously approved includes creation of a small holding pond
located just northwest of the intersection of Pleasant View Road
and T.H. 101. This pond will handle the drainage from the area
adjacent to the proposed cul-de-sac before allowing the runoff to
release slowly into the highway ditch. MNDOT approval of this
plan will be required.
Attachment #3
Near Mountain Report
February 1, 1984
Page 2
General
The street and easement vacations required as a part of this plan
all improve the layout and have no detrimental affect.
Also, the sizable assessments as levied against the corner parcel
will now be assumed by the plat and assure orderly repayment
without requiring individual lots and accesses along Pleasant
View Road.
SATHRE-BERG0UIST,
INC.
935 EAST WAYZATA BLVD.
•
WAYZATA, MN.
55391
• TELEPHONE 612-47E-08z
VACATION OF STREET
All of CASCADE PASS as platted in NEAR MOUNTAIN, Carver County, Minnesota,
according to the plat thereof on file or of record in the office of the
Registrar of Titles, which lies westerly of a line 25.00 feet westerly of
and parallel with the center line of Castle Ridge as platted in said NEAR
MOUNTAIN.
VACATION OF DRAINAGE AND UTILITY EASEMENTS
All of the Drainage and Utility easements in Lots 1, 2 and 3, Block 1 and
Lot 1, Block 3 and Lots 1, 3 and 4, Block 4, NEAR MOUNTAIN, Carver County,
Minnesota, according to the plat thereof on file or of record in the office
of the Registrar of Titles.
CITY OF CHANHASSEN
FEB 21984
COMMUNITY DEVELOPMENT DEP i.
Attachment #4
t��NN�4
Minnesota
Department of Transportation
District 5
�p 2055 No. Lilac Drive
of zap' Golden Valley, Minnesota 55422
February 7, 1984
(612) 545-3761
Mr. Bob Waibel, City Planner
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
S.P. 2736 T.H. 101
Plat review of Near Mountain P.R.D.
located in the N.W. quadrant of TH 101 and
Pleasant View Road in
the City of Chanhasen, Carver County
Dear Mr. Waibel:
We are in receipt of the above referenced plat for our review in accordance with
Minnesota Statutes 505.02 and 505.03 Plats and Surveys. This proposed plat has
been reviewed by us several times. Our main concern is the access to and the
operating safety of TH 101. The plat as designed controls the access to TH 101
very nicely. Because of additional development to the south and east of this plat,
there will be a need to improve the intersection of TH 101 and Pleasant View Road
as these developments mature. At the present time we have no future plans to
improve TH 101. We suggest the city reconsider planning for these future needs in
the following ways:
- Ask the developer to provide additional right of way adjacent to TH 101
so that future improvements can be made with minimal disruption.
Developers in Eden Prairie have provided an additional 17' adjacent to
the east side of TH 101. The Eden Prairie plat also provides right of way
for easing the curve at town line road.
- Include or plan for necessary turn lane construction. The developer in
Eden Prairie is providing a northbound right turn lane for N.B. TH 101 at
Pleasant View.
For your information I have enclosed a copy of proposed improvements and street
locations for the development in Eden Prairie. If you have any questions in regard
to this review, please contact Evan Green at 545-3761 ext. 119. Thank you for your
cooperation in this matter.
Si!M.Cr;aw
rd, P.E Ue
District Engineer
cc: Gerald Isaacs, Metropolitan Council
Pat Murphy, Carver County
WMC:bn An Equ, Attachment #8
CITY OF CHANHASSEN
RIFCF—IVF—D
FEB 01984
ITY DEVELOPMENT DEPT
• e
Planning Commission Minutes
February 8, 1984
P ag e 2
surveyor felt that it was the best layout for the property and also
that a metes and bounds description was just as good as RLS or lots
and blocks. Mr. Happe also stated that he will get percolation
tests done when the snow melts.
Waibel stated that Mr. Happe would have to submit the request to
build the home in the middle of parcel 2 to the Board of
Adjustments and Appeals for a variance at the time a building
permit is taken out.
S. Albee moved, seconded by J. Thompson to close the public
hearing. All voted in favor and the motion carried.
The Commissioners wanted to know how if the City would be liable
for failing septic systems. They felt they could not make a
recommendation because there were no percolation tests done. They
noted that there were 5 variances to be dealt with on the sub-
division.
M. Thompson moved, seconded by J. Thompson that the Planning
Commission deny the request based on there being 5 variances
requested, 201 study results were "marginal to failing" on the
existing septic system and that the applicant wants to record the
property in metes and bounds. J. Thompson, S. Albee, B. Ryan and
M. Thompson voted in favor. L. Conrad voted nay. Motion carried.
*On February 22, 1984 the Planning Commission added the following
statement to the above recommendation, "Commissioners J. Thompson
and Albee stated that they are still unhappy about the allowing
of 21 acre subdivisions in the unsewered areas."
Final Development Plan Amendment, Street and Easement Vacation
Request, Near Mountain P.R.D., Lundgren Brothers, Public Hearing.
Public Present
Rick Denman Lundgren Brothers
Sherman Goldberg Lundgren Brothers
Dennis Mulvey Lundgren Brothers
Peter Pflaum Lundgren Brothers
Nancy Osgood 745 Pleasant View Road
Alan Kramer 531 Indian Hill Road
Waibel stated that the request is for final plan amendment and
street and utility easement vacation approval for the Near Mountain
P.R.D. He noted that in review of this request a discrepancy in the
number of units was discovered. Apparently the preliminary plat
showed only 134 family units as opposed to the previously
approved 144 units. The amendment request is an increase in pro-
ject area from 147 acres to 153 acres and a denisty increase of
.07 units per acre. He stated that staff finds that the reduced
average lot size is minor as well as the overall pro-ier_t dPng;ty
Attachment #9
A
1
Planning Commission Minutes
February 8, 1984
Page 3
change of 1.94 to 2.01 units per acre. He stated that the pro—
posed gross density is .2 units below the minimum density
prescribed in the Comprehensive Plan which states the low density
residential areas shall have a density range of 2.2 to 3.4 units
per acre.
Waibel stated that the City Engineer indicated that the street
and easement vacations are of no detriment to the City and result
in overall improvement to the plan.
The applicants had a slide presentation and were available to
any answer questions.
J. Thompson moved, seconded by B. Ryan to close the public hearing.
All voted in favor and the motion carried.
J. Thompson moved, seconded by S. Albee that the Planning
Commission recommends approval of the Final Development Plan
Amendment and street and utility easaement vacations as depicted on
the Sathre Bergquist, Inc. proposed amended plan for Near Mountain
and the Sathre Bergquist, Inc. legal descriptions of proposed
street, utility and drainage easement vacations dated received
February 2, 1984.
J. Thompson, S. Albee, L. Conrad, B. Ryan all voted in favor.
M. Thompson abstained. Motion carried.
Subdivision Variance Sketch Plan Review, Northeast and Northwest
Corners of Intersection of Co. Rd. 17 (Powers Blvd.) and Co. Rd.
18, Brian and Neil Klingelhutz.
Waibel stated that this is a sketch plan review to subdivide 10
detached single family residential unsewered lots. The property
has moderate to severe slope conditions which require the pro-
perty to have four accesses, two of which are onto Co. Rd. 17 and
two onto Co. Rd. 18. The County and City Engineers conclude that
due to the slope limitations of the property, the accesses as
proposed are probably acceptable, however, no additional future
accesses should be allowed.
Waibel noted that the preliminary plat must demonstrate that
future building sites will be designed to allow for site con-
ditions proper for home construction, driveway access, and pri-
vated septic system, drainfield and well installation according
to the City Engineer and the Soil Conservation Service.
After review of the sketch plan the Commissioners encouraged the
applicants to prepare the preliminary plat with the following
suggestions:
Attachment #10
LL
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-- - - -.- A�T,� -- --- ;--- ----- - j
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Pneu—Any PLAT
1.1 7_E 2G2UIS .. iE1 .2 . . . _t, iNC.
NEAR MOUNTAIN S A T H
BROS. CO LUNDGRr NsT. INC.
2-s
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
1135 U. S. POST OFFICE & CUSTOM HOUSE
ST. PAUL, MINNESOTA 55101 '�•��
REPLY TO
C Tit
-- ATTENTION OF:,) �3oy�6- 6�9�y �� � 3�, � �
Construction -Operations VAR-
AR —
Regulatory Functions
�
5 (� Cu�-�C G�y Re
0
P, o, 13a c Iy7
N N . 5 3/7
NEAy jlq Jd�. T. //� N. of
C 'rt Co-, , I Y •
We 11ave reviewed the information provided us concerning
the referenced project. The wort; you propose at the location
stated is not within the jurisdiction of the Corps of Engineers.
No work will be done in a navigable water of the United
States, and no dredged or fill material will be placed in any
water of the United States, including wetlands. Therefore, a
Department of the Army permit is not required to do this work.
This letter is valid only for the project referenced above.
If any change in design, location, or purpose is contemplated,
contact this office at (612) 725-7553 to avoid accomplishment
of work which may be in violation of Federal law.
If you have any questions, please call
Sincerely,
llief,
� Cin
Regulatory Functions Branch
Construction -Operations Division
CITY OF CHANHASSEN
R;'CI-IVF-D
FEB 319WIT
M
COMMUNITY DEVELOPMENT DEN
LU11DGREn
BROiINC.TRUCTION
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
January 26, 1984
Dear Property Owner:
The Near Mountain Partnership would like to take this opportunity
to invite you to an informational meeting concerning proposed plan
changes in the Near Mountain Planned Development. This meeting
will be held Thursday, February 2, 1984, at 5:30 p.m. at the
Lundgren Bros. Office Building, 935 East Wayzata Blvd. in Wayzata.
As many of you are aware, construction has commenced on the first
phase of the Chanhassen portion of the Near Mountain neighborhood.
In conjunction with this construction start, the Partnership intends
to acquire the approximately six acres -of land located at the corner
of Highway 101 and Pleasant View Road.
The proposed plan amendment would include incorporating this additional
6+ acres into the original planned development and would also incorporate
platting changes in other areas of the development. Overall, the pro-
posed plan adds 6+ acres to the original 147+ acres, and adds an additional
8 single family lots to the originally approved 300 total units.
This meeting should present an opportunity for you to review the proposed
plan amendment and to address questions to our staff. Your presence
would be greatly appreciated.
Sincerely,
for the Near Mountain Partnership
Dennis L. Mulvey A.I.A.
DM/vf
cc: Bob Weibel
City of Chanhassen
CITY OF CHANHASSEN
r, V_ - -a, rI=0
IA� o 1984
COMMUNITY DEVELOPMENT DEP-
E.0
Vicinity Mh
Ccumtunity Development Department
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-I900 '
Date: January 23, 1984
To: Development Plan Referral Agencies
Fran: Chanhassen Cc munity Development Department By: Bob Wa i b e l, C i t Planner
Subject: Final Plan Amendment Street and Easement Vacation Near Mountain
P.R.D.
Planning Case NO: 7 9- 2 P.U.D.
The above described application for approval of a land develognent'"prcposal was filed with
the Chanhassen Ccui=ity Development Department on January 19 1984
In order for us to have the benefit of as much information as possible concerning this
application, we would like your agency to review the enclosed development plans insofar
as is applicable to your agency, and make any ants you might have on this proposal.
We are particularly interested in matters which affect the public health safety and
general welfare.
Specifically, we would appreciate your. ants and recommendations concerning the impact
of this proposal on traffic circulation, existing and proposed future utility services,
storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems
exist, we would like to have a. written report to this effect from the agency concerned so
that we can make a reccmaezdation to the Planning Commission and City Council encompassing
these needs.
This application is scheduled for consideration by the Chanhassen Planning Omission
on February 8, 1984 at 7:30 p.m. in the Council Chambers at
Chanhassen City Hall. In order for the Comanunity Development Department to prepare'a
thorough review of this application for the Commission and Council, we would appreciate
receiving your comments by no later than February 2 ,1 1984
You may also appear at the Planning Coinni.ssion meeting if you so desire.
Your cooperation and assistance is greatly appreciated.
Enclosed: Pr000sed Develo--nent Plans
DISTRIBUTION:
City Engineer
City Attorney
3. City Park Director
L4-:'Fire Department
L5 --Count'y 'Dngineer
Riley Purgatory Creek
(-6-----Watershed Dist. E.ngincer
L7�-- Soil Conservation Service
C8 MN Dept. of Transportation
(-9: - U.S. Army Corps of E nghieers
L2— NLinnegasco
File: C xmlunity Development Department �j
Form No. 81-10
Agency Referral
7/l/81
Dept of Natural Resourc
t12'--�cmpany
Rd Bell or United)
is Company
kr MN Valley Co --op)
-C�
City of Chanhassen
Official Publication
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR FINAL
PLAN AMENDMENT AND STREET AND
EASEMENT VACATION FOR THE NEAR
MOUNTAIN P.R.D., LUNDGREN BROTHERS,
INC., CHANHASSEN, MINNESOTA.
NOTICE IS HEREBY GIVEN that the Planning
Commission of the City of Chanhassen, Minnesota,
will meet on Wednesday the 8th day of February,
1984 at 7:30 p.m. at the City Hall, 690 Coulter Drive
for the purpose of holding a public hearing to con-
sider a final plan amendment and street and ease-
ment vacations for the Near Mountain P.R.D. pro-
posed by Lundgren Brothers Construction, Inc. and
located at the northeasterly most 147 acres of the
City of Chanhassen.
Plans showing said proposed final development
plan amendment and street and easement vacations
is available 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
( Pub. Carver County Herald Jan. 25,1984) (73)
Affidavit of Publication
State of Minnesota )
)SS.
County of Carver )
Stan Ro 1 f s ru d , being duly sworn, on oath says that he is and during
all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and
has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for-
mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a
weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no
more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues
each year, has 50 percent of its news columns devoted to news of local interest to the community which it.purports to
serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other
publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in
and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat-
ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established In Carver County in which lies
the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated
association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the
foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the
Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that
the newspaper is a legal newspaper.
He further states on oath that the printed Notice of Public Hearin
Lund r e n Bros., Inc. ereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once
each week, for 1 successive weeks; that it was first so published on We d the 2 5 day of, a n 1984and
was thereafter printed and published oRevery We d . to and including the 25 day of Jan ,1gai and
that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as
being the size and kind of type used in the composition and publication of said notice, to wit:
clu
Subscribed and sworn to before me this - 19
[�
(Notarial Seal)
Notary public, , County, MN
My Commission Expires 19
PHYLLIS A. K7
NOTARY PUBLIC
SCOT— f'
Commission E:
900�d
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE OF HEARING
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
Bob Waibel, being first duly sworn, on oath deposes and says that
he is and was on January 24 , 19 84, the duly qualified
and acting City Planner of the City of Chanhassen, Minnesota;
that on said date he caused to be mailed a copy of the attached
notice of hearing on a final plan amendment and street and easement
vacation for the Near Mountain P.R.D., Lundgren Brothers Construction,
in the City to the persons named on attached Exhibit "A", by
enclosing a copy of said notice in an envelope addressed to such
owner, and depositing the envelopes addressed to all such owners
in the United States mail with postage fully prepaid thereon;
that the names and addresses of such owners were those appearing
as such by the records of the County Treasurer of Carver County,
Minnesota, and by other appropriate records.
Bob Waibel, City Planner
Subscribed and swor to before me
this day of �.r,� , 19
i✓ _
Notary Public
�O
James Meyer
6225 Ridge Road
Chariahssen, MN 55317
Sewall M. Osgood, Jr.
745 Pleasant View Road
Chanhassen, MN 55317
John P. & J. Thielen
665 Pleasant View Road
Chanhassen, MN 55317
Mary Rojina
480 Indian Hill Road
Chanhassen, MN 55317
Louis & B. Fuerre
557 Indian Hill Road
Chanhassen, MN 55317
David Cheng
9400 Cedar Ave.
#106
Bloomington, MN 55420
Harvey & K. Robideay
540 Pleasant View Road
Chanhassen, MN 55317
Alan and L. Kramer
531 Indian Hill Road
Chanhassen, MN 55317
Barbara A. Martini
491 Indian Hill Road
Chanhassen, MN 55317
Gottfried & A. Loescher
520 Pleasant View Road
Chanhassen, MN 55317
Russell & V. Knowles
501 Indian Hill Road
Chanhassen, MN 55317
Carl Schevenius J.E. Nicholls
5527 Penn Ave. S. 6451 Pleasant View Circle
Minneapolis, MN Chanhassen, M 55317
I'
Joseph J. Smith 'i Richard Kartak
550 Pleasant View Road !I 305 Jefferson,,Ajve. S.
Chanhassen, MN 55317 Hopkins, MN 55343
i
i
i
Steven M. Murphy
6068 Stonybrook Drive �I
Minnetonka, MN 55343 i
,I
The American Lutheran Church I
425 S. 5th Street
Minneapolis, MN 55415
li
li
C.F. McNutt
185 Pleasant View Road
Chanhassen, MN 55317
A.E. Schroeder
6430 Pleasant View Lane
Chanhassen, MN 55317
R.V. Nelson
135 Pleasant View Road
Chanhassen, MN 55317
M. J. Kask
115 Pleasant View Road
Chanhassen, MN 55317
J.G. Schroers
65 Pleasant View Road
Chanhassen, MN 55317
G. Alexander/E.M. Abresch
55 Pleasant View Road
Chanhassen, MN 55317
Robert & Mar. Nelson
135 Pleasant View Road
Chanhassen, MN 55317
Gary M. Schelitzke
6210. Hwdlton Street
St. Louis Park, MN
Daniel & C. Welsh
670 Pleasant View Road
Chanhassen, MN 55317
Robert J. Reichert
Box 94
Excelsior, MN 55331
David C. Pacochini
3833 Washburn Ave. S.
Minneapolis, MN 55410
Robert and Renee Northrup
640 Pleasant View Road
Chanhassen, MN 55317
Charles & M. Freidricks
610 Pleasant View Road
Chanhassen, MN 55317
Robert & D. Reichert Co./
James R. Rouse
6828 19th Ave. S.
Minneapolis, MN 55423
John & J. Nicolay
608 Pleasant View Road
Chanhassen, MN 55317
Thomas & N. Seifert
600 Pleasant View Road
Chanhassen, MN 55317
Robert J. Reichert
Massey University
Palmerston, New Zealand
David R. Evavold
Gabrielle Pizano
35 Pleasant View Road
ClhanhH-Sen VNT c;c-z,
Frank & G. Metzig
605 N. 29th St.
Mesa, Arizona 85203
,i
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it
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James M. Theis
6400 Chanhassen Road
Chanhassen, MN 55317
[nhn. & Dawn Hulett
6450 Pleasant View Circle
Chanhassen, MN 55317
Harold & M. Wartman/Lloyd
Wenning
6441 Pleasant View Circle
Chanhassen, MN 55317
City of Chanhassen
Community Development Department
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
Date: January 23, 1984
To: Development Plan Referral Agencies
From: Chanhassen Community Development Department By: -Bob Wa i b e 1 , City Planner
Subject: Final Plan Amendment Street and Easement Vacation Near Mountain
P.R.D.
Planning Case No: 7 9-2 P.U.D.
The above described application for approval of a land development' proposal was filed with
the Chanhassen Ccuamuzity Development Department on January 1-9, 1984
In order for us to have the benefit of as much information as possible concerning this
application, we would like your agency to review the enclosed development plans insofar
as is applicable to your agency, and make any comments you might have on this proposal.
We are particularly interested in matters which affect the public health safety and
general welfare.
Specifically, we would appreciate your comments and recommendations concerning the impact
of this proposal on traffic circulation, existing and proposed future utility services
storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems
exist, we wDuld like to have a. written report to this effect from the agency concerned so
that we can make a reccamiendation to the Planning Ccmnission and City Council encompassing
these needs.
This application is scheduled for consideration by the Chanhassen Planning Ccnrnission
on February 8, 1984 at 7 :30 p.m. in the Council Chambers at
Chanhassen City Hall. In order for the Community Development Department to prepare a
thorough review of this application for the Commission and Council, we would appreciate
receiving your comments by no later than February 2 , ' 1984
You may also appear at the Planning C m-mission meeting if you so desire.
Your cooperation and assistance is greatly appreciated.
Enclosed: Proposed Development Plans
DISTRIBUTION:
U�City Engineer
ity Attorney
3. City Park Director
L4-.Fire Department
U5-County -Engineer
Riley Purgatory Creek
(-6'-IWatershed Dist. Engineer
L7� Soil Conservation Service
(8> MN Dept. of Transportation
C9— U.S. Army Corps of Engineers
1-0_.-- Minnegasco
File: C mni mity Development Department
Form No. 81-10
Agency Referral
7/1/81
ill MN Dept of Natural Resourc
-12. - TeleL*cne company
NLI Bell or Unitcd)
• is Company
(r MN Valley Co-op)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
NOTICE OF PUBLIC HEARING FOR FINAL PLAN AMENDMENT AND STREET AND
EASEMENT VACATION FOR THE NEAR MOUNTAIN P.R.D., LUNDGREN
BROTHERS, INC., CHANHASSEN, MINNESOTA.
NOTICE IS HEREBY GIVEN that the Planning Commission of the
City of Chanhassen, Minnesota, will meet on Wednesday the 8th day
of February, 1984 at 7:30 p.m. at the City Hall, 690 Coulter
Drive for the purpose of holding a public hearing to consider a
final plan amendment and street and easement vacations for the
Near Mountain P.R.D. proposed by Lundgren Brothers Construction,
Inc. and located a the northeasterly most 147 acres of the City
of Chanhassen.
Plans showing said proposed final development plan amendment
and street and easement vacations is available at City Hall. All
persons interested may appear and be heard at said time and
place.
BY ORDER OF THE PLANNING COMMISSION
1-9
ob Walbel, City Planner
(Publish in the Carver County Herald January 25, 1984.)
SATHRE- BERGQUIST,
INC.
935 EAST WAYZATA BLVD.
•
WAYZATA, MN.
55391
• TELEPH::NE 612-476-0641
VACATION OF STREET
All of CASCADE PASS as platted in NEAR MOUNTAIN, Carver County, Minnesota,
according to the plat thereof on file or of record in the office of the
Registrar of Titles, which lies westerly of a line 25.00 feet westerly of
and parallel with the center line of Castle Ridge as platted in said NEAR
MOUNTAIN.
VACATION OF DRAINAGE AND UTILITY EASEMENTS
All of the Drainage and Utility easements in Lots 1, 2 and 3, Block 1 and
Lot 1, Block 3 and Lots 1, 3 and 4, Block 4, NEAR MOUNTAIN, Carver County,
Minnesota, according to the plat thereof on file or of record in the office
of the Registrar of Titles.
Development Standards
for
Near Mountain
Minimum Standards for Living Areas
Single Family
Ty F� e A
Ty e B
Ty e C
Average
Lot Area
29,500
18,600
12,800
Minimum
Lot Area
14,400
12,000
10,000
Front Yard
30'
30'
25'
Side Yard
10'
10'
10'/5'*
Rear Yard
30'
30'
30'
Lot Width at Setback
100'
75'
68'
Lot Depth
120'
110'
100'
Maximum Building Height
2 2 Stories
2 2 Stories
2 2 Stories
Right of Way Width
50'
50'
40'
(Diameter of Cul de Sac)
(120)
(120)
(90)
Street Width
28'
28'
28'
(Diameter of Cul de Sac)
(80)
(80)
(80)
*on alternating lot lines
Condominium
15,500
10,000
30'
25'
25'
3 Stories
I
Enclosures:
Cover Letter
Vicinity Map
Original Approved Development Plan
First Amended Development Plan (5/81)
Proposed Amended Development Plan (1/84)
Tabular Data Comparing Plans
Development Standards
Phasing Plan
Legal Description of Street & Easement Vacation
Typical Lotting Plan for Chestnut Ridge
Elevations of Country Homes
Entry Monuments
Street Signage
LU i
O CTRUCTION
BRO�,
935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 0 (612) 473-1231
February 1, 1984
Department of Planning
City of Chanhassen
690 Coulter Drive
P. 0. Box 147
Chanhassen, Minnesota 55317.
Re: Final Development Plan Amendment Change
The Near Mountain Project
Dear_ Sirs:
The Near Mountain Partnership herewith submits this request for
an Amendment Change to the Final Development Plan for the Near
Mountain Planned Residential Development.
Over the past five years, the Partnership has retained these
147 acres in Chanhassen, assuming the tax and assessment liability,
waiting for market conditions to be correct for commencement of
development. That time is now here.
As some of you are aware, construction has begun on the Chestnut
Ridge neighborhood (Phase I) of the Chanhassen portion of the Near
Mountain project. The initial public response to the marketing
of this neighborhood has been very positive, and indicates a public
acceptance and enthusiasm for the Chanhassen location and the product
line being offered.
Since the beginning of planning work on this project, the 6+ acres
of American Lutheran Church property (at the northwest intersection
of Hwy 1.0.1 and Pleasant View Road). has been a question mark as to
its use. The partnership has. now initiated acquisition of this
parcel and propose incorporating it into the overall P.U.D. In
addition to incorporating this additional property into the original
P.U.D., the Near Mountain Partnership also requests to "rework"
the neighborhood layout of the,pr.•oposed 198 single family homes.
i
Page 2
Final Development Plan Amendment Change
The Near Mountain Project, continued
At the time the original master plan was formulated for the Near
Mountain project, market conditions indicated a demand for a specific
mix of unit types. As time has passed, market conditions have changed.
It is these market conditions which the Near Mountain Partnership
is attempting to respond to in the "reworking" of the single family
neighborhoods.
The "Original Approved Plan" for the Chanhassen portion of the Near
Mountain project called for a mix of 300 housing units over 147+
acres for a net density of 2.04 units per acre (see accompanying
chart for exact unit breakdown). In 1981, additional planning work
was done on this project and a "First Amended Development Plan" was
approved showing a mix of 290 housing units over the same 147+ acres,
for a net density of 1.97 units per acre (see accompanying chart -
for exact unit breakdown).
The Near Mountain Partnership is now presenting a "Proposed Amended
Development Plan" which included 308 housing units oil-.153+ acres,
providing a net density of 2.01 units per acre -a density slightly
below the originally approved density of 2:04 (once again, see
accompanying chart for exact unit breakdown).
The incorporation of the currently nontaxable American Lutheran
Church property into the P.U.D. and the "reworking" of the
neighborhoods aids in providing a more coherant traffic plan for
the development and for the city. In addition, the revised neighbor-
hood-layout.more favorably, del irieates the three single_ family -
neighborhoods.
Overall, the addition of the 6+ acres and the revised neighborhood
layouts provide what we feel is a much superior and coherant P.U.D.
plan.
The accompanying site plans, charts, drawings, etc. are provided
for your use. If you have any questions or we may be of further
assistance, please contact us.
R spectful1& submitted,
E
for the Near Mountain Partnership
Dennis L. Mulvey A.I.A.
DLM/vf
Enclosures
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5ATHR.E-BERG12UIST,
935 EAST WAYZATA BLVD. • WAYZATA, MN. 55391
VACATION OF STREET
N C.
• TELEPHONE 612-476-0848
All of CASCADE PASS as platted in NEAR MOUNTAIN, Carver County, Minnesota,
according to the plat thereof on file or of record -in the office of the
Registrar of Titles, which lies westerly of a line 25.00 feet westerly of
and parallel with the center line of Castle Ridge as platted in said NEAR
MOUNTAIN.
VACATION OF DRAINAGE AND UTILITY EASEMENTS
All of the Drainage and Utility easements in Lots 1, 2 and 3, Block 1 and
Lot 1, Block 3 and Lots 1, 3 and 4, Block 4, NEAR MOUNTAIN, Carver County,
Minnesota, according to the plat thereof on file or of record in the office
of the Registrar of Titles.
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Wayzata, Minnesota 55391
612/473-1231
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