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1c. Approve Revised Grading Plan for Halla Great Plaiins Addition -1e- CITVOF C!I,BIISSEtt - 690 COULTER DRIVE. P.O. BOX 147 .CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 (~~ ;~'!~'~~::iff\L .. ~"". I.... .,., '''''.,.1 .::'-); t,;\}~'~; ~ r1\;,~:,::~'f./~;j ._-'".w.;._......_..._~ ._....,. ..,......._.,.,..___ TO: Charles Folch, Director of Public Works Dave Hempel, Assistant City Engineer # November 17, 1997 ~:,,:,~":"~"".:~':.., ~ :::::' ~~'. ~:':" ,,0 " .~, III ~U-I~_a1 ~_P_.._.....=t _. : "':,' (~:~:/ !~."'{.'}~~cH rOt;.:,; '.; ~.:~ :".::; "'Ie. ..~"''-''._'"'' .... ,_....... '7'~"'_"_"";"""___ FROM: DATE: SUBJ: Approve Revised Grading Plan for Halla Great Plains Addition - Project No. 95\:t3. h' .. BACKGROUND On October 13, 1997 the City Council approved Mr. Halla's request for a two--year extension to the development contract for installing the public improvements associated with Halla GreatPlains Additioncontin$cntupon three items. The first item was for the extension and increase in the letter of credit The sec9nd item was the applicant shall submit for review and approval by the City Council a revised grading plan incorporating the benns recently constructed in Phase II. The third item was tile applicant submit administration fees in tile amount of $300. The applicant has submitted a revised grading plan incorporating the newly created benns. Thesebenns are proposed to be temporary. Staff has received tlle . administration fee in tile amount of $300 and a new letter of credit should be supplied this week to cover the cost increase of this development. PROPOSAL Staff has reviewed the revised grading plan which incorporates the temporarybenns and fmds them acceptable. Staff is concerned with the length of time that these temporary benns may be in place. The developer, Mr. Halla, has indicated that he wishes to use the material from the benns as needed onthe new hOmes to be constructed within the development. Therefor~, it may be an indefinite time before these berms will actually be removed or altered. Staff recommends that a condition be placed in the development contract reqUiring that the temporary berms be removed witllin 5 years after the streets have been constructed in Phase II. The existing temporary berms have been revegetated. Staff haS received conune.nts from tlle adjacent property owner with regards to aesthetics of the benns (weeds and steep slopes). The slopes are no steeper than 2: 1. M~ntenance of the benns is not likely since the area is rural in nature. A portion of the financial secUrity will remain in place until the temporary berms have been removed. i Staff has prepared an addendum to the development contract which incorporates the revised grading plan and conditions of approval fiom the October 13, 1997 City Council meeting, .It is recommended that the City Council approve Addendum "A'~ to the development contract for Halla Great Plains Addition along withtberevisM;grll9i~ A.Jmfhl,~~ plan dated May 26,1995, revised November 14, 1997 prepared by Roger Anderson & Associates. ,.~.,.... v' T)...A)Pt f,:,-:;. "'~"'--'-'~ M~I~iiJui_~~_._~ ~:;:~.il-::'Il.C.=i.:!= [12to S:Jbr'j:tt~dt0 C~~\~:Ii~zfQl1 Attachments: 1. 2. Revised grading plan prepared by Roger Anderson & Associates. Addendum A to the Development Contract. c: Don Halla ~ ~. ~.......__............., ~II Subm/tl'".o to ~1Uh.ri! - !J " .>i.. t; 'I .. Ill.' \'c:fsl\vol2'cng'projects'flalla'approvt revised grading plan.doc i~IIt\SSEN iJ~lES,~INNESOTA ~.;;.." '^/"','" - ,:':;<'.'::":,;;'-":-::~",,,-,,-(;-,,?:,'-"-'.',' ....,,' .' . ...AD~DiJM"A" TO~ALLAGItEAr]'eLAINS ADDITION DE'EL()Pi\fENT CONTRACT se~$J~,~119~$ " '~j;; , AGREEMENTS dated ~ovember 24,1997;by.~d between the CITY OF CHANHASSEN,a Minnesota)RJ,unicipal corponltion ("City~'),and DONALD E. HALLA & :' "', ',,'--':' ." ' .--" "',::\'.>"" ,',' ' ) SANDRA J. ~WAYNA HALL~;husbandand wife (the "Developer"). 1.. BACKG..ROlJ:NP; '111e partie~"b.ave ~evi()us,lyentered into a development contract for ", ...., -.... ," .' . '. . '>:,'-:, , " '" "...' -, ;"_,' ;,' t., ,"':,' ::, " ' "", ',';'~'~ Halla GreatPla~A.dditiondt\1.fOcto~2~~ 1995. (the "Development Contract"). The ""'~,> DeveloP11lC11tCon~tM1s1l~~i~nAPri1'17,f9%as Carver County Abstract Document No. -. -', ,,' ',":"',-, 193914. Thedev~}opeJ;'J}Ilsexp'~thegta~i"liInits to include temporary earthberms on Lots 8 and 9, Block2,t,~tl,Block5,anddutlotAunder,the DevelopmentContract for Halla Great Plains Addition., "','" --.', 2. 'EXTENSI(}N-,pFJ)F;~9P~~NTCONTRACT. The Development Contract shall ",..;, :~':"_:" ,"', """ ,,_:"",,;:.-,"::,':>~;{ remain in full force and eff~'.with:~~tions listed in the special conditions below. 3. SPECI4L CONDlTION$(1.lrit: : 'to the tetms and conditions outlined in the i:, :',' ,'f:' ',,'.-,- >::, -,'-':' ,.,'-"'::~;,'~'!" ;>;'-':";~ j;~'::;-;_; --, ,,--,--,:;~,,;,,:,-,',: ','. :.>':.>' ',,' ,-,-:',::. ," ..:.:,....:':.::' a)Phin.'B"Grpdiitj,t>taina;ge and~r(lsion Conl;folPlans dated May 26,1995 revised October 13, 1995tShaUalsOinCI~~ O~~~~age andlh"QsionCQntrol plans for Halla Great Plains Addition datcr4 May 26, 1995;rtwl~~N~Ye'111~r 14, 1997, prepared by Roger Anderson & Associates. b) The Developer'shall<install all l'equitedimptovements by November 15, 1999. c) The temporary berms on Lots 8 and 9, Block 1, Lot 1, Block 5, and Outlot A shall be removed five years after Halla Nursery Drive East is constructed. d) Construction Hours. Construction hours for required improvements under this contract and for home and building construction in the plat, except for work that cannot be heard outside the home or building, shall be from 7:00 a.m to 6:00 p.m on weekdays, from 9:00 a.m to 5:00 p.m on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Development shall pay the following administrative penalties: First violation Second violation Third & subsequent violations $ $ 500.00 1,000.00 All site develOIXJ1ent and construction must cease for seven (l) calendar days e) Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. f) Development Signs. The Developer shall post a six foot by eight foot development sign at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. 4. RECORDING. The Development Contract and this Addendum "A" shall be recorded against all lots and blocks and outlots in Halla Great Plains Addition. The foregoing instrument was acknowledged before me this by Don E. Halla and Sandra 1. Cwayna Halla, husband and wife. day of , 1997, IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. CITY OF CHANHASSEN BY: Nancy K. Mancino, Mayor (SEAL) AND Don Ashworth, City Manager DEVELOPER: DONALD E. HALLA aka DON E. HALLA AND SANDRA J. CW A YNA HALLA BY: BY: STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 1997, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF ) Drafted by: City of Chanhassen 690 Coulter Boulevard Chanhassen, MN 55317 (612) 937-1900 \'cfsl\vol2\eng\dc\halla great plains addendum a.doc