1i. Final Plat Pleasant Hills 2nd Addition 1 �
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1 CITYOF
CHANHASSEN
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1 .:. 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
• (612) 937-1900 • FAX (612) 937-5739 City Administrator bY I MEMORANDUM 'E,,ndo�rse
�Cdi I!LA
II TO: Don Ashworth, City Manager Rejected-_
Date. _, O
FROM: Sharmin Al-Jaff, Planner I Date Submitted to comnis;jo❑
1 DATE: February 6, 1990 • Date Su n rted to Council
SUBJ: Final Plat for Murray Hill 2nd Addition -I'`~ a0
IIOn January 3 , 1990, the Planning Commission unanimously approved
the preliminary plat to replat the southern 110 feet of Lot 31,
Murray Hill and Lot 1, Block 1, Pleasant Hill Addition into a 1.2
II
acre lot and an outlot containing over 0. 3 acres with the con-
ditions recommended by staff. On January 22, 1990, the City
Council approved the preliminary plat with the same recommen-
Idations.
Staff is recommending approval of Subdivision Request #89-23 as
I shown on the final plat dated December 29, 1989, and subject to
the following conditions:
Lot 2 be shown as Outlot A on the final plat.
Il.
2. The north 20 feet of Outlet A is designated as a trail ease-
ment. A separate document describing this easement shall be
Isubmitted to the City.
3. The property cannot be further subdivided or any new
residences be built on the site.
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ATTACHMENTS
I 1. City Council minutes dated January 22, 1990.
2. Staff report. :
3 . Final plat dated December 29, 1989.. : "
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City Council Meeting L January 22, 1990
11 Councilman Boyt roved, Councilman Workman seconded to approve the second reading
of the Zoning Ordinance Amendment pertaining to convenience stores and uses
having gas pumps and amend it to make it effective only on uses approved after
the date of adoption. All voted in favor and the motion carried.
PRELIMINARY PLAT TO REPLAT A PORTION OF LOT 31, MURRAY HILL AND LOT 1, BLOCK 1,
' PLEASANT HILL, LOCATED ON MURRAY HILL ROAD JUST SOUTH OF MELODY HILL ROAD, CITY
OF CHANHASSEN.
' Paul Krauss: The City is proposing to divide a lot containing a city water
tower and sell a portion of it to Mr. Kreidberg. Mr. Kreidberg owns the parcel
located to the south. The purchaser intends to add the area to his lot but has
indicated that it would not contain any new housing nor would it be further
' subdivided in the future. The City would retain ownership of the water tower
property itself and also over a trail easement that would run from Murray Hill
Road to Minnetonka Junior High located to the west. The Planning Commission
' reviewed the it on January 3rd and recommended it's approval. Based on the
foregoing, staff recommends approval without variances subject to the conditions
in the staff report.
' Mayor Chmiel: Okay, thank you. Anyone wishing to address this specific item
one more time? If hearing none, we'll bring that right back to the Council.
Councilman Johnson roved, Councilman Boyt seconded to approve Subdivision
Request #89-23 as shown on the plat dated December 29, 1989 and subject to the
following conditions:
1. Lot 2 be shown as Outlot A on the final plat.
2. The north 20 feet of Outlot A is dedicated as a trail easement.
3. The property cannot be further subdivided or any new residences be built
' on the site.
All voted in favor and the motion carried.
DISCUSSION OF MOON VALLEY RIFLE RANGE, 100 FLYING CLOUD DRIVE.
' Paul Krauss: Last December, after hearing concerns raised by area residents,
the City Council directed staff to report back on the Moon Valley gravel quarry.
The report was to contain background information and options for enhancing the
City's control over the operation. Staff has worked with the City Attorney to
prepare this report. The first item concerns the rumored expansion of the
operation by the acquisition of additional land. We reviewed property tax
records and can find no recent acquisitions, at least not at the County. We
further note that the current site is separated from the homes on I believe it's
Erie Drive by an intervening parcel owned by a party named Teich. At that point
too we should say that we believe the City is in a position to prevent
additional acquisitions pertaining to this site. That the non-conforming
grandfathering portion of this item pertains only to the property that was owned
27
11
ITY O F w w- -C. DATE: Jan. 3,' 1990 r"
\ ' -I CIIANIIASE S C.C. DATE: Jan. 22, 1990
li
....„ - CASE N0: 89-23 SUB
Prepared by: A1-Jaff/v
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STAFF REPORT
1 PROPOSAL: Preliminary Plat to Replat the South 110 Feet
of Lot 31, Murray Hill and Lot 1, Block 1, Pleasant
IHill Addition into One 1.2 Acre Lot and an Outlot
Z Containing 0.3 Acres
i a ..
V LOCATION: Northwest of Murray Hill Road
APPLICANT: City of Chanhassen
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IPRESENT ZONING: RSF, Residential Single Family
ACREAGE: 1.5 acres
IIDENSITY:
ADJACENT ZONING
IIAND LAND USE: N- OI, Office Instutional District
S- RSF; single family
IFa E- RSF; single family
II7 gc W- RSF; single family
W WATER AND SEWER: Available to the site.
lb
PHYSICAL CHARAC. : Heavily wooded with an existing home with
the water tower to the north.
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2000 LAND USE PLAN: Low Density Residential
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I ' Pleasant Hill 2nd Addition
January 3, 1990
Page 2
ANALYSIS
' The south 110 feet of Lot 31, Murray Hill contains the Murray
Hill water tower and is owned by the City (Attachment #1) . In
1987, the City met with the Murray Hill neighborhood with the
' intention to subdivide Lot 31 and sell a portion of the lot which
was unnecessary for the water tower functions. The neighborhood
was opposed to subdividing the lot since it is heavily wooded and
should be preserved in its natural state.
After further meetings and discssions, the owner of Lot 1, Block
1, Pleasant Hill agreed to merge a portion of Lot 31 with his
property (Attachment #2) . A trail easement shall be provided
over the northerly 20 feet of the City lot to provide access to
the Minnetonka Jr. High School (Attachment #3) . A public hearing
' was held stating that the proposed parcel was for sale. Mr.
Kreidberg, owner of Lot 1, Block 1, Pleasant Hill was the only
interested party.
' The City is proposing to replat Lot 1, Block 1, Pleasant Hill and
the southerly 110 feet of Lot 31, Murray Hill into Lot 1, which
will contain 50,133 square feet and Lot 2 which will contain
1 16,623 square feet and is the site of the water tower. Lot 2 is
not a buildable lot since it does not have required strut fron-
tage, therefore, staff recommends that it be shown as an outlot.
' Park and Recreation
A 20 foot wide trail easement is requested on the outlot along
' the northerly lot line.
Easements
All of the typical sewer and water easements have been dedicated
on the plat.
RECOMMENDATION
Planning staff recommends the Planning Commission adopt the
1 following motion:
The Planning Commission recommends approval of Subdivision
Request #89-23 as shown on the plat dated December 29, 1989
and subject to the following conditions:
1. Lot 2 be shown as Outlot A on the final plat.
2. The north 20 feet of Outlot A is dedicated as a trail ease-
ment. "
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Plesant Hill 2nd Addition
January 3, 1989
Page 3
ATTACHMENTS
1. Map showing Lot 31, Murray Hill.
2. Map showing Lot 1, Block 1, Pleasant Hill and City Engineer
report.
3. Purchase agreement.
4. Map showing the trail easement.
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II
(612) 937-1900
MEMORANDUM
1
TO: Mayor and City Council I
FROM: Don Ashworth, City Manager
DATE: October 23, 1989 1
SUBJ: Consider Land Sale for a Portion of Murray Hill Water 11 Tower Site, Gil Kreidberg
This item was tabled from the City Council meeting of September
II
25, 1989. Staff prepared a public hearing notice (this item did
not require public hearing, but has been treated as such pursuant
to Council action) and we have included property owners from II Hummingbird, Melody Hill and West 65th Street in that no`ifica-
tion.
Questions also arose during the September 25th discussion as to
II
legal requirements and the process being considered for the sale.
Responses to those points are as follows:
- Sale of Property: State statute does not establish any II
special procedures upon cities for the sale of property.
State law assumes that public processes will be used and II that special considerations will exist which need to be
addressed individually by the governing body. Disposition
of lands within the City during the last few years would
attest to this statement, i.e. the exchange of lands on the
II
north side of Lotus Lake for a boat access/park on the
south side of Lotus, the sale to NordicTrack on West 82nd
Street, the vacation of lands adjacent to or within various I
subdivisions to accomplish different or modified
sewer/water extensions, etc; e.nd
- Sale Process Questions: Questions as to how the I
water tower property would be used first originated
approximately one year ago when crews began readying them-
selves to install an alternative access driveway from
II
Murray Hill for access purposes. As a result of our ini-
tiating construction, the neighborhood (primarily new resi-
dents within the Ostrom development) approached the City
II
Council asking that assurances be given regarding non-
destruction of trees, the necessity for the access, and
II
II
IIMayor and City Council
• October 23, 1989
I Page 2
future plans of the City regarding the property. The
Council tabled action on the item and directed staff to
meet with the neighborhood to explore issues that were pre-
sented. Staff was then invited by the neighborhood to
attend a meeting to discuss this issue (held at one of
their homes) . Mr. Ostrom was the primary person making the
initial inquiry. Staff believed that we had left that
meeting with the understanding that the neighborhood did
not wish to see the property subdivided/sold for a single
family home, had primary concerns as to the deforestation
that would likely occur if the property were subdivided and
wished to see a trail built across the property so as to
insure that pedestrian access could be achieved from Murray
Hill Road to Minnetonka Junior High. The option to poten-
tially sell a portion of the property to Mr. Rreidberg was
' a result of that meeting. Staff saw the opportunity for
the sale as a win/win situation in that the City would be
in a position to retain an alternative access to the water
tower while providing monies to construct a trail. The
' issue of a sale of a portion of the propety had not been
considered prior to the neighborhood meeting. Staff asked
the City Attorney's office to have an appraisal of the pro-
perty conducted and to prepare a sale document to Ir.
Rreidberg in the amount of that appraisal. Mr. Rreidberg
agreed to the purchase price and has subsequently agreed to
incorporate the proposed lot as a part of his current lot
so as to have a backyard. This item was advertised as a''
part of the September 25th City Council agenda.
' - Summation: If an error was made, it was the assumption
that the neighborhood meeting which the Council directed us
to attend was truly not representative of the neighborhood. As
' to whether the proposed sale represents the best monetary
return for the City is debatable. Is a bird in the hand
worth two in the bush? From staff 's standpoint, the issue
was more than one of monetary return. Although the property
proposed to be sold to Mr. Rreidberg does represent a
buildable single family lot, introducing a home on to the
site would assuredly create future problems for the City.
Specifically, even though the property owner would be
buying it knowing that the City had an access drive to the
tower, we could almost be assured of future complaints
' regarding late night maintenance, early morning checks,
etc. It was quite obvious from the statements of imme-
diate neighbors that a sale for single family purposes was
not desired. Such a sale would create major destruction to
a lot of major trees as well as potentially hindering an
access to the school property - a major initial objective
for those persons attending. Finally, the sale would
I
Mayor and City Council
October 23, 1989
Page 3 I
assure the City the monies necessary to build the trail and '
access drive without depleting other funds.
Recommendation Although the monetary issue can continue to be '
debated, it is staff 's belief that the recommendation made on
September 25, 1989 best meets the concerns of the neighborhood
and City. Sale of the property to Mr. Rreidberg with the con-
dition of making such a part of his existing lot and dedication
of the money for trail/access construction is recommended.
I
i !
-City council Meeting - eptember 25, 1989
11 .
11 Councilman Johnson: Should we also say something about that City staff will
assist in talking?
Don Ashworth: I think just as the motion is.
Councilman Hoyt moved, Councilman Johnson seconded to authorize drawing against
' the Letter of Credit and Condemnation effective December 1, 1989 for Curry Farms
Second Addition if no resolution has occured by November 30, 1989 and Curry
Farms will live up to progressing according to a time table established with the
City during that period. All voted in favor and the motion carried.
O. APPROVE PURCHASE AGREEMENT FOR SALE CF PORTION CF MURRAY HILL WATER TOWER
SITE TO GILBERT AND JILLENE KREIDBERG.
Councilwoman Dimler: I pulled item (o) because there is someone in the audience
' that mould like to address that and I wonder should they do it now or go to
visitor's presentation?
' Mayor °Tidal: We can do it right now. Either now or later.
Councilwrman Dimler: Okay. Mr. Wayne Fransdal would like to speak to that
issue please.
Wayne Fransdal: My name is Wayne Fransdal. I live at 6200 Murray HI1l Road.
First of all I'd like to thank you for moving this from the consent to the
l discussion agenda. I appreciate the opportunity. My primary concern is with
the procedure used for the proposed sale. First of all, was there a publid'
offering or notice of the proposed sale? As far as I know, none of the
neighbors north of the property that was proposed for sale were informed or
aware that the property was for sale. Was a study completed over the future
use of the property and was the property deemed surplus? Has a public entity,
what is the procedure for selling public property or public goods? How is the
' price determined? If the property is sold, what is the adequate size to be
retained and what is it's purpose? In the past, many years ago, I attended
Council meetings when the school district has asked the City to discontinue use
of their easement on the city property for access to the water tower. To use
the access from the road. At that time the reason for not using the road was it
was a private road. It's now a public road and yet access is still from the
school property. The question from the school is, and rightfully so I would
think, is why should we provide access when they're going to sell off their own.
Why don't they use their own access from a public road? If the land is sold,
are there any restrictions or can there be any restrictions on the future use of
the land? Could there be a variance for a home for a small lot? Could it be
used or restricted for outlots? Could it be restricted at all? As I said, my
primary concern is the procedure. I agree with delegating to the lowest
possible level. Let aduinstrative people do what they need to do but there
should be due process so that everyone has an opportunity, so that everyone
knows what the City is doing with the people's resources.
Mawr Chmiel: Thank you.
15
City Council Meeting - ; mber 25, 1989
Councilman Johnson: Mr. Mawr? I have to agree with the procedural aspects of
this and before I make a motion here I'd like to also say there's covenants in
here that no building will ever be built on this. There's also access to be
given to the City on an easement so we can service the water tower from that 11 side. So for those two things, we are providing both of those so there will
never be able to be a house built on that small property plus the City will no
longer need the access fran the school area. But procedurally, I'd like to find
out if we may have goofed up here because there may be same, we may have to do
public offerings and stuff like that for excess and I'd like to table it
until...
Mawr Qiniel: Or can we address it now? '
Gil Kreidberg: Maybe I could add sanething because I'm the buyer. Would you
like to hear what I have to say?
Mawr Oriel: Certainly.
Gil Kreidberg: Sane of you are familiar with this situation. My name is Gil
Kreidberg. I reside at 6444 Murray Hill Road. Some of you who were on the
Council a year and a half, 2 years ago, we started this process and Roger
Knutson, the City Attorney, are familiar with this situation. It's a little 11
more involved than just an outright sale of the property on the part of the City
for excess land. A couple years ago the City wanted to build, put a road
through to the tower and those people in that area, south of the tower and same
to the north. Right at this time I don't know but other people objecteal►
strongly that they had the access and that they could possibly acquire an
access, a permanent access fran the school district behind their... We were
concerned up there of changing the environment. Damage to the trees and taking
risk to the kids that play up there and so on and in the last 2 years I've
worked along with the Pleasant Hills Homeowners Association trying to work out a
campranise with the City so they could get what they want and we could be
satisfied where we are in terms of the net result at the end. I've spent the
last year working very closely with Gary Warren, the City Engineer, trying to
work out a compromise which we felt we had here. I'm sorry that this
gentleman's concerned about the procedure and I understand that issue but
essentially what was determined is that, I reside directly to the south of that
piece of property which means that what this is going to be is this piece of
land is going to became part of my yard. It isn't going to be built in
anything. It's not going to be developed. Nothing's going to physically change
up there except now it will be a 10 foot wide gravel path with a gate that will
prevent snowmobiles and all the other stuff that will go through there if they
don't gate it, from going back to the tower but it will be locked and the City
will be able to access the tower from the east side. I have agreed in kind to
build a fence along that pathway which will eliminate snow drifting and stuff
along their new road and it also will protect the cul-de-sac down to the south
against the additional activity that will be generated not only by the fact that
more people living up there but by the fact that there will now be vehicles
entering in there that were not entering in there before. The lot was appraised
as though it was a buildable lot. Okay? It is obviously not a buildable lot. I
have agreed to pay a buildable lot price which is more than what the City would
otherwise get with the covenants they put on it if they just put it up at
auction or whatever. The reason I'm willing to do that is obviously it becomes
part of my yard. Secondly, it's important to me in a sense to protect my
16
City Council Meeting - ctember 25, 1989
II •
investment and the homeowners around me to make sure that this thing is done
right. In a sense what I'm doing is funding the City's ability to put that road
in. I don't think that there's even an issue here that the citizens of
Chanhassen are not benefitted by what's taking place. I appreciate the
possibility that the procedure may have been different but the circumstances
that brought this whole thing about go back 2 years and they have to do with a
lot more than just me. We've been going through this for 2 years. I would
appreciate not tabling it and moving forward unless by chance you have some
' strong objection knowing the background and circumstances that we do proceed
tonight. Otherwise I'd just like to go forward because it's taken a lot of
time, both mire and the city's and I'm sure...
Don Ashworth: The points brought out are correct. The only thing I might add
is that it did involve a lot of people through that whole process and a lot of
people coming into the City Council again very concerned with the trees. Very
concerned with access to the school. Very concerned with how that property
might be used as it would relate again- back to the trail requirements and yet
still accomplish the City needs for that property. In terms of the procedural
question regarding the legality of publishing, etc. that is not there and I
think that the law understands issues such as this where the City looks at an
issue as to how it's going to best serve the citizens in that area as well as
the City itself.
Councilman Johnson: Can I hear from Boger on that one Don?
Don Ashworth: Sure.
Roger Knutson: Bidding is not required for the sale of property. Other stuff,
yes but not real estate.
Councilman Wbrkaman: What's the actual size of the lot?
Gil Kreidberg: Not even 2/10ths. About .445 of an acre. Buildable lots up
there go for, I mean it was appraised at the equivalent of about $32,000.00 on
the basis of a contract for deed assuming it's a buildable lot and I volunteered
' to pay cash if they cut it to $30,000.00...
Councilman Boyt: Why isn't it a buildable lot?
Gil Kreidberg: Because you're putting a covenant in there that bells me I can't
build a home structure on it.
' Councilman Boyt: But otherwise it would be?
Gil Kreidberg: Otherwise in theory it could be but you know, when we went
through this discussion...you weren't on the Council at the time, the whole idea
was we wanted to keep it like it is and the City wanted to get their access but
we still had to work on a compromise and I think this is fair because
essentially what I'm going to do is get the City to put the road in and that
t goes on the tax roll which means I'll pay taxes in the future, not to mention
what we're paying now. .
Councilman Johnson: Is there anyway to combine this lot and your lot to where
it becomes one lot of record versus two lots?
17
- City Council Meeting - r Amber 25, 1989
Gil Freidberg: You know I've asked Gar: about that and I guess he wanted to I
explore that. I don't know.
Roger Knutson: You get one PIN number for it, yeah. 1
Councilman Johnson: Because if it's one lot, then you'd have to subdivide.
You've have to case in and request for a subdivision in order to build the
second house on it.
Gil Kreidberg: I have no problem with if you want to set it up that way.
I just want it as a yard and I want it as a buffer against this road and I'm
going to... It will be a nice deal when it's all done.
Councilwoman Dimler: I have a question Mr. Kreidberg. You say that you want to
clean it up. Would you explain that a little bit more? I understand...
Gil Freidberg: ...a couple of the Council members have. The City has let it go
downhill in the last 15 years and it's got barbed wire fences. It's got debris.
It's really a mess.
Councilwocman Dimler: Brush you mean? I
Gil Kriedberg: Not just brush. I'm talking about the land directly to the
north of this piece of property is a farm. It's a little horse farm. It's
about 2 1/2 acres and they keep horses out there and up until they actually
developed the area where I am, which is about 4 years ago, this guy used to let
his horses and everything wander over there. He built, he put up barbed wire
fences and an old wood fence and I mean there's all kinds of debris that was ,. 11
thrown there from whatever the sources are and I told the City that I would, at
my expense, clean that property up.
Councilwoman Dimler: You're not talking about clearing trees and stuff?
Gil Kriedberg: Oh, that is the last thing that I want to do. I mean there's a
long letter...
Councilwoman Dimler: Alright, thanks.
Mayor Clmiel: Any further discussion?
•
Councilman Workman: So he's basically paying $30,000.80 for less than an half
of an acre up there?
Don Ashworth: That he can't build on.
Clxmcilman Workman: That he can't build on?
Mawr ardel: Right. 1
Councilman Workman: Might somebody else be interested in this property?
Councilman Johnson: Only if they could build on it. '
18 ,
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Don Ashworth: We could start the process over and advertise. I just find it
very difficult to believe who's going to buy it under similar conditions.
rGil Kreidberg: Also remember there's a water tower directly behind it. It's a
nice monolith but it isn't an art form you would normally...
' Cbunci]man Workman: Is this kind of for the neighbor's, who voiced concerns, is
that bring things a little better into focus maybe as far as the purchase?
Mrs. Fransdal: ...no one knew anything about this. We had no idea this was
going on. Even the Woida's directly, they had no opportunity to bid on the
property...I just wonder how the City...and what does he mean by a locked gate?
Gil Kreidberg: ND, no. What the City is going to do, this is for your best .
interest. The City is going to build a 10 foot wide gravel path that allows
then to get their vehicles back to the tower. They will also provide pedestrian
access to the middle school and the fields and so on back behind there somewhat
to satisfy the trail pattern here in Chanhassen.
Mrs. Fransdal: Will the children be able to get...
Gil Kreidberg: Oh absolutely. The reason for the lock is to prevent these
bozo's who run these snowmobiles out across there from going across *rray Hill
' and shooting right down that path where the kids are. The gate will allow
pedestrians through. It will be locked. The City will be able to unlock to
take their trucks down in there and relock it when they leave so we don't have a
road in there that will have traffic. Only the one's we're supposed ,o have.
Mayor Chmiel: It's basically for the access of the City to get to there?
rGil Kreidberg: That is correct and for the pedestrians to get back and forth.
Mrs. Ftansdal: This is our only legal walkway to MIS.
Gil Kreidberg: That's right and you're going to still...
Mayor Chmiel: Right and that still will be because the City will still own that
10 feet.
Gil Kreidberg: 20 feet.
' Mayor Chmiel: Or excuse me, 20 feet.
11 Mrs. Fransdal: And now maintain it so the children can walk?
Mayor Chmiel: Right.
Gil Kreidberg: That's the whole idea.
Councilman Johnson: That was the whole purpose of this was to get that now.
1 . The other part is how are we going to get the trail from 65th Street over. That
hasn't been resolved yet. That's another one. A thorn in my side. After 2
years we haven't resolved.
r
i19
Cit. Cbuncil Meeting - Se tuber 25, 1989
Mayor andel: That's not the issue.
Councilman Johnson: But this will be even better, right now they have to walk I
through that lot and it's not in any good condition. They have to climb the
barbed wire fence and everything to get back there I guess.
Mts. Fransdal: There's a little path now.
Gil Kreidberg: Right. Have you noticed the logs that are in front of the path
now that NSP cut down and left in the middle of the path. You will have a
better access back there because you'll literally have a 10 foot wide gravel
path. It will be easy for people to get...gate so you don't have snowmobile
traffic or small motor vehicles who might decide it'd be a good time to go
shooting through there.
Mrs. Fransdal: Our main abjection was to the procedure and not... I
Gil Kreidberg: It's my intent to inform Mr. Woida and Mrs. Wide what's going
on but it's only been a few days that I've known about it and I just haven't had
a chance to visit with them.
Councilman Boyt: I have just a quick question. Explain to me how kids are
going to get through the fence but snowmobiles aren't going to get through the
fence?
Gil Kreidberg: Apparently, as Gary has described it, and I have not seen a
picture of the kind of gate. It's the kind of gate that they can lock it it
allows pedestrian traffic. He said they're used it on one other entryway. I
don't know if it's to a water tower or another facility here in Chanhassen. He
said there was one like that but the idea was, whatever the use, I've seen these
before. Not here in Minnesota but elsewhere where the gate locks and so on...
A snowmobile, you might be able to marginally get through that. I don't know.
Councilman Boyt: Okay, but the intent is to allow the walking path to...
Gil Kriedberg: Absolutely. Absolutely. It's a two prong thing. One, so you
can get the truck back and two, so that people can get back and forth. It'd be
self defeating if the people can't get back and forth.
Councilman Boyt: I think the neighbors have brought up an awfully goad point. I
hope we've learned something from it and I'd like to see us move on this now.
Councilman Workman: What I'm trying to get at is there the slightest chance,
and maybe the Fzansdal's can answer this right now, would somebody else be
interested in this property? Again, it is all of our property and we are
selling it and it appears to be a good deal and you appear to be doing us
by this transaction but could there be sarebody out there that might bood g e
interested in also owning this property and that seems to be the issue? Or in
what is going on with it.
Don Ashworth: I'm not sure. The issue originated when, well not only were we
looking at the trail but i'believe we had a public improvement in the process.
Gil Kreidberg: You wanted to put a road in there and the...
20 1
1
City Council Meeting - eptember 25, 1989
II
Don Ashworth: The neighborhood had come out and we had 20 people who were here
talking on the issue and that's really where the issue had started. You know,
if I would have believed that the neighborhood had not supported this entire
transaction or there was anyone else who was interested or there was any
question that this had not originated from the neighborhood itself, I guess we
would have gone through a different advertisement process than we did but I
really had believed this was kind of a grass roots process that they themselves
were starting and finally a year and a half later we finished.
Gil Kreidberg: I'm sorry. I thought everybody who was party basically was
aware of the net results. They may not have all been aware of that this was
going to be decided here this evening because as I said, I just found out on
Friday so.
Wayne Fransdal: My comment is regarding the availability of the information.
We telephoned the three neighbors closest on the north side of this and none of
them were aware. If it's grass roots, it came from a very small group within
the development or people on the south who had an interest in it. The people on
the north who have equal interest and access from this property to the school
were not informed.
Gil Kreidberg: They were informed. They were informed all along up until
tonight. They were party. They signed a petition they objected to the road to
begin with. Mr. Woida did and so did Mr. MacFarlane and the other people on the
opposite corner of the MacFarlane's...
.
Councilman Johnson: Could you tell me what your objection is? What are you
trying to gain by stopping this tonight? Would you like to purchase this?
Would you like to make us an offer? I'm trying to understand where you're
coming from?
Wayne Fransdal: Pere I'm caning from is the frustration with the adminstration
in dealing with a lot of issues in the city. We can came in, developers can
cane in, make a proposal as an example, and they get an approval and they go out
and do whatever they can negotiate with the staff. This is a case that has been
' negotiated with the staff and there was not public input from a lot of the
people in the area. Maybe is a frustration on my part that we have things in
our neighborhood that if I individually came in and asked to do, they would not
be approved but when negotiations with staff, they end up being built and there
they are.
Councilman Johnson: So are you objecting to the roadway? Are you objecting to
the City trucks going through there?
Wayne Fransdal: No. I think the City should have access to the water tower
from the public property which they own. I do not believe that a complete study
has been made on the future use of this property. When we looked at all things
that are being done from digging a pipe in or installing public easements, we
had studies. We had environmental impact studies. We have future use studies
and I don't believe they have been done and for me to say there's someone else
that is interested in the property, I certainly don't know and no one in here
can answer whether someone else is interested unless you ask. I'm not against
the sale. I'm against the procedure. I may be all for the sale.
21
II
City Council Meeting - Ser' tmber 25, 1989
.1
Mawr Chniel: I agree with the concept and the idea that you have.
Councilmen Dimler: What should have been done?
Councilman Johnson: I can see staff's point of view. It's a little matter
that's been going on for a year and a half, two years since before I was on the
Council when this was originally approved there. This thing has been going on
and on and the developer caused same of the frustrations when he didn't give us
the trails he was supposed to give us and everything else and this is staff's
way of coming to a conclusion on about half the problem now so we maintain that
open, it was kind of Council a few years ago, 2 years ago, whatever we were on
this, Council directed to reroute that trail through this property. I guess I
that's...
Haver Cimiel: I think that's very true.
Councilman Johnson: I think it could have been handled better.
Mayor Chniel: I'd like to make a suggestion to staff that all adjacent
properties be notified on any transaction of sale of property within the city.
That way at least that procedure would be taken care of. Notifying the adjacent
neighbors. Making than aware of what's transpiring and then proceed from that. I
Councilman Boyt: This has been sort of in limbo for at least a year. I don't
think we, maybe we do, I'm not aware that we lose anything by publishing that
this property is for sale as a non-buildable lot and 2 weeks from now resolve
it. It seems like we're following a better procedure to do that.
Mayor Qmiel: Yeah, I'm speaking in the future with any other transactions that
we do. As I look at this particular piece of property Bill, if the road is ,.
going to be on the far end adjacent to that Lot 1. Pb no would, in my opinion,
want to own that property with a road going through with an easement. What he
has is his land is abutting the property here and of course the road would be
on, if we're looking at a northerly direction, it would be to the north of that
segment where the road would go.
Gil Kreidberg: It gives me a little buffer from all the traffic is really what
it canes down to. I was willing to pay a premium because I live right next door
to it. The chances that sairebody will pay you what I'm paying you, they'd have
. to be, you can't build on it. If you could build on it, that's something. You
bow I'll leave it up to your judgment. We spent a lot of time trying to work
up samething that was amicable.
Councilman Johnson: Another thing we should have done, instead of having it 90
feet wide, we should have had it 89 feet wide because at 90 feet it doesn't need
a variance to build on it. Because it has the covenant it does but at 89, it
mould need a variance to build on it at all so we couldn't even put it on
without a variance and the covenant on top of that. We'd have two ways of
telling them, if somebody cane in 10 years from now trying to build there, we'd
say you can't.
Don Ashworth: As long as it's considered a lot of record though they could
build on it. If you bought a lot in the downtown and it's 60 feet in width, as I
long as you meet setbacks.
22 1
City Council Meeting - ptember 25, 1989
I . '
Gil Kreidberg: What about my original suggestion of making it part of my
particular lot?
Don Ashworth: That's something that should be looked at. The covenant is good
but as long as it's a separate legal lot of record, it could be built on.
Councilman Johnson: Well if it's a separate legal lot of reference, they still
have to have a variance to build on it even though it's a legal lot of record.
Mawr Chmiel: They can make it contiguous though can't they Roger?
11 Roger Knutson: If they legally split it, once you have a legally split lot, I
don't know how they'd get it legally split if it were only 89 feet but if they
were somehow to manage to accariplish that and they came in for a variance, and
1 they own 89 foot lot, met all other ordinance requirements, you'd probably be
hard pressed to turn down a request for a variance.
Councilman Johnson: Unless there was the covenant?
Roger Knutson: Unless there was a covenant, correct.
Councilman Johnson: I mean you'd still want both. You wouldn't get rid of the
covenant. What would it take to combine it to one lot?
Roger Knutson: Is your existing lot a meets and bound description or4 is it a
lot in block? 4
Gil Kreidberg: You see what happened is they platted 6 lots in what they call
Pleasant Hills okay and this of course is not part of Pleasant Hills. Garyaf„nas
telling me something and I'm not sure that there's two ways. One is to keep
this separate and the other was to kind of redo it and I think they had to
survey it and then there were same fees in filing but I think it could be done
and like I said, I have no problem with that. I'm not going to build anything.
I can't build it. It's going to be a yard.
Councilman Johnson: I think the City should pay those fees and make it as a
single lot.
Roger Knutson: Your property that you presently own is a lot in block, is that
right?
Gil Kreidberg: Pardon me.
Roger Knutson: You have a lot in block legal description?
Gil Kreidberg: Yes I do. Asa matter of fact I think I have it here.
II • Roger Knutson: See if you had a meets and bounds, then you could make one meets
and bounds description. This accomplishes it. This says non-buildable but you
can combine them for tax purposes. Have one PIN number by working with the
County and if you ever wanted to divide a PIN number, you've got to came back to
the City.
23
City Council Meeting - F tuber 25, 1989 ►
Councilman Johnson: The covenant is strong enough to where they'll never be
able to build on there.
Councilman Hoyt: That's the best wavy to do it. Otherwise, they can subdivide
the lots someday and build.
Councilman Johnson: Well the covenant would still stay there no matter what we
did. ,
Councilman Bost: Let's table this for 2 weeks.
Councilman Workman: Second. I
Mayor Chmiel: It's been moved to table for 2 weeks to came up with a conclusion
and with a second. ,
Councilman Johnson: To talk to the neighbors and inform the neighbors.
Councilman Workman: Inform the neighbors and set up a policy that we can follow 11
each and every time we have a situation like this.
Don Ashworth: It will be short notice that will occur in the newspaper. We can I
do it but we turn it in for this Friday and it would then appear in the
following Wednesday which then would be heard by the City Council on Monday.
Councilman Workman: Is once enough?
Don Ashworth: You potentially would have a challenge that I only saw this.
Mawr Chmiel: Can we notify those adjacent property N
� pro rte owners by letter?
Don Ashworth: Yeah. I'm just saying that we still have really the same list 1
from the last time.
Mayor Oriel: That would process it and make it move just a little faster.
Councilman Workman: If I could bring one other thing n9 up rg while the motion hangs
here also and some frustration up there. It's a different sort of a hill up
there as I'm told by the neighbors. It was going to maybe be Carlton College up
there possibly wey back? I don't know how we lost Carlton College but I would
like the Engineering staff and Dave, if you're listening, I believe it's called
Somerset Circle there off of Marray Hill Road. There's a large, very large
ditch there. I guess I'd like a little bit more information. Neighbors
claiming that perhaps that ditch is something that it never was intended to be
in the development contract. Can we check out what the circumstances are with
that? It's the north ditch off of Somerset.
Councilman Johnson: That's a different subdivision.
Councilman Workman: Right. But again, adjacent to.
Gil Kreidberg: That'd be to the north about a block and a half or so.
24 1
I
c.J.t CA��1Ci . rleeting --eptember 25, 1989
Councilman Workman: But again, it's a unique area up there and there's sane
frustrations. g ' s
I
Councilman Boyt moved, Councilman Workman seconded to table approving a Purchase
Agreement for sale of a portion of Murray Hill Water Rower Site to Gilbert and
Jillene Kreidberg so staff can notify neighbors. All voted in favor and the
motion carried.
1 VISITOR PRESENTATIONS: There were none.
PUBLIC HEARING: ASSESSMENT HEARING AND ADOPTION OF ASSESSMENT BOLLS:
A. KERBER BOULEVARD IMPROVEMENT PROJECT NO. 87-9.
Bill Engelhardt: Your Honor, members of the Council, this is the assessment
hearing for the Kerber Blvd. improvement project. The total cost of the project
was $444,840.12. The project was covered by 55% tax increment funds and general
1 obligation with the balance of the cost to be spread against the benefitted
properties along Kerber Blvd.. The developers of than Vista, Saddlebrook, the
Janes property, all had development agreements where they agreed to the
assessment and those assessments have been collected as the lots have been sold.
The lots that have not been sold, those assessments are on the assessment roll.
The project cost was slightly under the original bid amount which showed up as
about a $2,700.00 reduction in the feasibility study cost for the tax increment
and general obligation. With that I'd be happy to answer any questons you
might have on the project.
Mawr Cnniel: Anyone have any questions at this time? Is there anyone wishing
to address this for the public hearing? If so, this is your opportunity to come
forth and address it and if you do, please state your name and your address.
Councilman Johnson moved, Oouncilwaman Dimler seconded to close the public
hearing. All voted in favor and the motion carried. The public hearing was
closed.
Resolution #89-104: Councilman Johnson moved, Councilwoman Dimler seconded to
adopt the Kerber Boulevard assessment roll as modified dated Septenember 11,
11 1989 with a payback term of 8 years with an established with interest at the
rate of nine percent (9%) of the unpaid balance. All voted in favor and the
motion carried.
B.
MINNEWASHIW MEADOWS IMPROVEMENT PROJECT ND. 88-2.
Public Present:
Name Address
• Gary Carlson 3831 West 62nd Street
1 25
rv. I dc.. it
. • /,0
4
CIT' OF
itfr •
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1
(612) 937-1900
MEMORANDUM A50,* I
TO: Don Ashworth, City Manager
FROM: Gary Warren, City Engineer -
DATE: September 20, 1989
g /
SUBJ: Approve Purchase Agreement for Sale of Portion of S Murray' -
Hill Water Tower Site to Gilbert and Jillene Kreidberg
File No. PW158B
As a part of the Pleasant Hill subdivision trail issue, and water I
tower site access concern, Mr. Gil Kreidberg who resides at 6444
Murray Hill Road had expressed interest in acquiring the easterly
portion of the City's lot. A catalyst to this issue was the
City's interest in providing auxilliary access to the Mujray Hill
water tower site from Murray Hill Road. This is especially
important during the wintertime since it is a more sheltered
route and not as likely to be snowbound as is the case with our
westerly access over the school property (see January 21, 1988
staff report) .
Much discussion with the neighbors and Mr. Kreidberg have been
carried on over the past year. We appear to have reached an
agreement with Mr. Kreidberg and the neighbors whereby the City
would agree to sell a portion of the water tower site as shown in
Attachment #2 with the understanding that the northerly 20 feet
of the City's parcel would remain in City ownership and would be
utilized as a multi-purpose trail and gravel drive access for the
City's water tower site. Mr. Rreidberg is interested in cleaning
up this parcel of property and likewise the City would place
appropriate control gates to prohibit the unauthorized access of
vehicular traffic onto this drive. One of the pine trees within
the City's 20-foot frontage would in all likelihood require remo-
val in order to construct the 10-foot access drive and trail.
The City had an appraisal done on the easterly portion of this
property. The appraisal cost of $39,000 has been proportionately
scaled down to reflect the City retaining ownership of the north
20 feet of this parcel. The $30,000 purchase price is based on
Mr. Rreidberg's interest in paying cash for this transaction.
I
I
I
11 • • Don Ashworth
September 20, 1989
Page 2
I
The contingencies section of the purchase agreement contains the
specific terms of our agreement which Mr. Kreidberg, as it rela-
tes to the trail/water tower site access which he has personally
communicated to his neighbors. It is therefore recommended that
the attached purchase agreement be approved for execution and
staff be directed to implement the plan as specified therein. A
portion of the proceeds of the sale should be dedicated to cover
the City's costs for the access.
I
Attachments
1. Staff Report dated January 21, 1988.
2. Location Map.
3. Letter from Gilbert Kreidberg dated May 9, 1989.
11 4. Memo to Roger Knutson dated September 14, 1989.
5. Purchase Agreement.
IC: Mr. Gil Kreidberg
Jerry Boucher, Utility Superintendent
File No. PW159
%
11
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11
I
r
CITYOF
CHANHASSEN
�•I
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, 1
SSE , MINNESOTA 55317
(612) 937-1900 •.. .
f_.,'.�...
MEMORANDUM
TO: Don Ashworth, City Manager fir::~ , /2/7iz_
/n
FROM: Gary Warren, City Engineer
DATE: January 21, 1988 " ''" `'
SUBJ: Propose. • o Water Tower off Murray Hill Road
File No PW024 I
The City owns and operates a 200,000 gallon elevated water
storage tank on the south 110 feet of Lot 31, Murray Hill sub-
division. The elevated tank was constructed in 1972 and serves
as the only water resevoir supply for the northwest portion of
the City. As shown on Attachment No. 2 from the tower construc-
tion plans, the City acquired the total width of Lot 31 in order
that the service access to the water tower could be taJ'fen off of
Murray Hill Road from the east.
In 1984, the Pleasant Hill subdivision road construction was..
completed with the extension of Murray Hill Road south of Melody
Hill Road dedicated as a public street. In addition, the
Development Contract called for the developer (Curtis and Rathe
Ostrom) to donate to the City a perpetual 10-foot wide easement
for a pedestrian trail system along the east line of Lot 5 and
the south lines of Lots 3 and 4 (Attachments No. 3 and 4) .
Prior to the construction of the extension of Murray Hill Road in
1984, the only access to the site was from the west, across the
Minnetonka School District property. Utility personnel have
experienced difficulties, particularly during the winter with
this route, since snow drifts into this open area quite readily.
At present we only have a verbal agreement with the School
District for use of their property.
On the average, our service personnel visit the water tower two I
to three times per week to see that everything is working pro-
perly. The most critical time for being able to access the ele-
vated tank is during the winter months when equipment
malfunctions are more likely and the freezing temperatures can
pose potentially hazardous tank operating conditions.
It is therefore our intent to utilize City property as originally I
planned, to construct a "driveway" access from Murray Hill Road
I
I
II • • Don Ashworth
January 21, 1988
Page 2
to the water tower site. The driveway location would be selec-
11 tively placed such that none of the living 50-foot pine trees
would be disturbed. Our intent would be to favor the northerly
side of the City's lot as proposed in the original construction
plan (Attachment No. 2) . Installation of this access would be on
11 City property, thereby releasing us from the vulnerability of the
verbal agreement with the School District. The east access also
is more sheltered and as a result does not encounter such extreme
11 snow conditions. If this access is not allowed, I would suggest
that the City consider selling the east 200 feet (} acre) of this
property and use these funds to acquire a formal roadway easement
for the westerly route and improve this access road as best as
possible to facilitate better winter access to the water tower.
In a related matter, the pedestrian trail easement which was to
be provided by the developer along the east side of Lot 5 and the
south side of Lots 3 and 4 (see Attachment No. 3) has not been
provided to date. Mr. Ostrom has indicated a desire to instead
provide the easement along the east and north side of Lot 6 since
this lot has not been sold as of yet. If the City were to
accept Lot 6 trail easements in lieu of Lots 3, 4, and 5, this
would not provide a through trail to the school property as
planned unless it continued across the City's water tower site.
Without the access through Lot 31, the City should hold to the
requirement for trail easements along Lots 3, 4, and 5 which in
11 all praticality provides the most direct route to the schoolppro-
perty and buildings.
To briefly address the other comments raised in Mr. Ostrom's
letter of December 7, 1987 (Attachment No. 5) , the water tower is
a permitted use in the RSF single family residential district and
falls into the category of utility services [Section 20-612(5) ] .
City service truck "intrusion" would be limited to a pick-up
truck visiting the site on the average of two to three times per
week and would be no more intrusive than the City snowplows which
I am sure are a welcome site when they visit the area. The mix
of motorized traffic with pedestrians is no different than any
other traveled street in the residential community and, in fact,
our current access may pose more of a safety hazard for children
since we travel across Melody Hill Road and a portion of the
soccer playfield for the school. Lastly, the Development
Agreement cited by Mr. Ostrom applies specifically to his deve-
lopment. Our intentions are however to limit the width of our
access driveway to the bare minimum to accomodate our utility
vehicles and avoid removal of any of the 50-foot pine trees.
Unless the Council chooses to act otherwise, we will proceed with
installation of the water tower access driveway from Murray Hill
Road as planned.
I
I
p •
- _ r
Don Ashworth
January 21, 1988
page 2
Attachments: 1. Site Map
2. Construction Plan Excerpt
3. Feature Map
4. Page 8 of the Pleasant Hill Development Contract
5. Letter from Curtis Ostrom dated December 7, 1987
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e-shaping said streets because of snow plowing operations if II
they are requested.
5.07. Street Sians. All street name and traffic signs I
required within the plat at the time of City acceptance shall be
furnished and installed by the City at the sole cost of. the
Developer.
II
5.08. Covenants and Restrictions
restrictions to be placed upon the lots in the esubject rplat shall
be prepared by the Developers and shall be approved by the City II
prior to recording with the County Recorder. The Covenants and
Restrictions shall be approved if they are consistent with the II
requirements of this agreement. The zoning ordinances and regula-
tions of the City shall govern if inconsistent with said covenants
and restrictions to the extent actually inconsistent; but if not
inconsistent therewith, the standards contained in said covenants
II
and restrictions shall be considered as requirements in addition
to said City ordinances and regulations. The City shall be held
harmless in the event any disputes occur involving covenants and
restrictions.
I/
5.09. Setting of Lot and Block Monuments. Developer shall
place iron monuments at all lot and block corners and at all other
II
angle points on boundary lines. Iron monument placements shall be
verified after construction of improvements has been completed
in order to preserve the lot markers for future property owners.
II5.10 Trail System. *
a. The Developer shall donate to the City a 11
ten (10) foot wide easement for a pedestrian trail systemrpetual
along the east line of Lot 5 and the south lines of Lots 3 and 4.
K Trail construction shall be limited to the area directly abutting
the property lines of the plat and only deviate as required to
save mature trees. The obligation to furnish and install the
surfacing and to maintain the system shall be solely that of the
City. In no case shall the trail be constructed to a width
II
exceeding six feet.
- SECTION 6 RESERVED.
IISECTION 7. ENFORCEMENT PROVISIONS.
701. Reimbursement of Costs. The Developer shall reim- I
burse the City for all costs, including reasonable engineering,
legal, planning and administrative expenses incurred by the City
in connection with all matters relating to the administration and
enforcement of the within agreement and the performance thereby by
the Developer. Such reimbursement shall be made within fourteen
(14) days of the date of mailing of the City's notice of costs.
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.; ,:▪, - =•: f :k '' :i„.....:1• 41:.-.: x. -:1-.: 6480 M urray Hil l Road .
,. - y.: :::.':>•-.* - :•: w.
Excelsior, MN 55331
Curtis-R.Ostrom' �:1: 4'•`• j d7.-.,',.,..,_ ' • :
r-•"Mahe Ann Ostrom` '`t.~ !,••• •: �” _
., L ._ =:4 �' `_yam,; (612) 474-9541•;.- -
. December 7, 1957
• TO: City of Chanhassen Council
- FROM Cu "
rtia A. Ostrow
. SUIIJ: Proposed access to water tower off Murray Hill Ed.
Ba c'c¢round
We bought our property because of the dense woods and privacy.
This is a very unique parcel of land with huge specimen maple
trees and 50 pine trees lining the driveway into our property.
The Council meeting of October 19, 1981 stated, a The applicant
shall design access to the north, (the driveway to our properly),
in a manner that will preserve as much of the existing ve�,eta`-
tioa as possible.
fWe have maintsined control so trees and vegetation were not cut "
down except for the residential buildings. Each building site
was carefully designed to create desirable building sites. We
removed as few trees as poscible to maintain the special charac-
ter of this property.
' i We requested control of the road so natters such as t:li: could
not become a problem, but we were forced to give the road and
improvements to the city at our expense.
Zoning ordinance k47 acctioa 7
11-1 single family residential district.
7.02 Permitted uses - no building or land shall be used except
1 .=., . • .. ->,.;: . for the following use; single family dwellings.
::• 7.04 Uses by conditional .use permit .
• 1. parks and recreational areas
:.— .. 2. non profit schools •
. Y. administration offices, libraries, ,public safety buildings
_ :and pieces of assembly.
: .e'..-:!. Pedestrian Way- is a public' or private right-of-way within or
across a block to provide access for_pedestrian. and which may be
.. ••' used for utilities.
: :. .ter . ,... •� •
• A't-M_ ryteb4 C"
ix .....
- .. ,•• . •.t••••••••:...._• Design•Construction-Remodel =
•.�, •; ' .: •. ;,,. »��• •• -.,;►::4;, ',- Residential-Commercial . •'
GILBERT H. KREIDBERG
6444 MURRAY MILL ROAD
EXCELSIOR, MN 55331
(612)474.9129
•
May 9 1989 11
Mr. Gary Warren " ��tt
City Engineer °w r' CITY OF CHANHA SEN
City of Chanhassen �Zr�R�n���-�
690 Coulter Drive w�i�t�7_ii1�1�K,�
P.O. Box 147
Chanhassen, Minnesota 55317 MAY 10 189
Dear Gary, ENGINEERING DEPT. I
This letter is a follow-up to our conversation of
May 4, 1989 regarding the Cities' property in front ( to
the east ) of the water tower off Murray Hill Road.
Now that the issues concerning the trail system and
the need for alternative access to the water tower ( Lake
Lucy Road pipeline ) appear to be resolving themselves,
it seems appropriate to review my interest in acquiring
this property. As you know, the Cities' property dirvtiy
adjoins my lot. I am proposing purchasing the property
from the City of Chanhassen at a mutually agreed upon price
with some very favorable terms from the Cities' standpoint:
(1 ) At the time the purchase is consumated I would
gift ( deed ) to the City the northern 10 feet
( or what is needed, within reason ) of the
property to allow continued public access from
Murray Hill Road to the MIS School as well as
emergency eastern access to the water tower.
(2) I also would accept that no house could ever
be built on the property. It would simply be
part of my yard.
This transaction would allow the City to meet the
needs of the public, add to its Treasury by the purchase
• price and increase the tax roles as I am sure my property
taxes would increase as a result of the purchase.
During recent years, the property has been neglected
and needs to be cleaned up. If I acquire the property
it saves the City the clean up expense.
The above proposal meets with the approval of the
Pleasant Hill Homeowners association. I
If the City Fathers are in agreement in principle,
I am sure we can come to a satisfactory meeting of the 1
A
. GILBERT H. KREIDBERG
6444 MURRAY HILL ROAD
EXCELSIOR,MN 55331
(612)474.9129
I
minds on the price. I appreciate your assistance, and
the Mayor and City Councils serious consideration of my
offer. If you have any questions or if you would like
me to be present at a City Council meeting, etc. , please
11 give me a call.
I look forward to hearing the Cities response to my
1 proposal. Thank you.
Best Regards,
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 11
(612) 937-1900
MEMORANDUM I
TO: Roger Knutson, City Attorney
FROM: Gary Warren, City Engineer L \ 11
DATE: September 14, 1989.
SUBJ: Murray Hill Water Tower Site Land Transaction
File No. PW159
11
After several discussions and a meeting with Mr. Gil Kreidberg, I
believe we have reached an agreement concerning the sale of the
easterly 210 feet of the City's water tower site located on Lot
31, Murray Hill Addition. Please prepare a purchase agreement
for the parcel described as follows:
The southerly 90 feet of Lot 31, Murray Hill Addition, lying
east of a line described as follows:
Starting at the southeast corner of Lot 31, Murray Hill , 11
Addition, thence west along the south lot line of Lot 31,
210.00 feet to the point of beginning, thence north on a line
parallel to the easterly boundary of said Lot 31.
Purchaser: Gilbert and Jillene Kreidberg
6444 Murray Hill Road I
Excelsior, MN 55331
The special terms of the purchase agreement should be as follows:
1. Purchase price equal to $30,000 cash; $31,980 if purchased
with contract for deed or other term arrangement.
2. Sale of the property is with the understanding that the City
intends to and will construct a 10-foot wide driveway/trail
access within the City's 20-foot utility easement which
I/
currently abuts the northerly portion of this subject parcel.
This will in all likelihood require the removal of one of the
mature pine trees.
3. The City agrees to construct a controlled access at
g e to pro-
hibit unauthorized vehicular access but which can be unlocked
by the City for routine servicing of the water tower site. I
I
i
II - • Roger Knutson
September 14, 1989
il Page 2 _
il 4. Purchaser agrees to clean subject parcel of debris and to
build a fence complying with City ordinances along the
westerly and northerly boundary of this parcel.
II 5. Purchaser will be allowed to remove the existing split rail
fence on City property located east of the water tower.
II 6. The City and Purchaser agree to split the platting cost
• required for this transaction which is in addition to the
purchase price stated above.
II 7. Purchaser certifies that he has reviewed this lot split with
•-: the residents of the Pleasant Hill subdivision and has
obtained their concurrence with said proposal of the City to
11 eliminate one tree and construct a controlled access
driveway/trail for routine use by the City for maintaining
. the Murray Hill water tower and appurtenances... Said trail is
to be for the enjoyment of the public.
II 7
Please add 'appropriate legalese to these conditions
9 and, purchase
agreement and call me if you need any clarifications. i am par-
II ticularly concerned about Items #2 and #7 above as to how we
might strengthen our position for constructing this dritrteway-once
the land transaction has been completed as this is the sole
IIjustification in my mind for entertaining this transaction.
My desire is to have this completed as soon as possible. and
placed on the Council agenda for the October 9, 1989 meeting.
I
Attachment: Map
ilc: Don Ashworth, City Manager
File No. PW158B
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LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TEIECOPIER:
DAVID L.GRAMM,JR.- 1910-1980 Pon OFFICE Box 57 (612)455-2359
VAwcE B.Gums Noma BANK Buiwii o Eworr B.KNErsc►I
VANCE B.GRANNIE.jR.• 161 NORTH CONCORD EXCHANGE MICHAEL J.MAYER
PATRICEC A.FARRELL SOUTH ST. PAUL,MINNESOTA 55075
DAVID 1..GRANNIS,III
Roux N.KHlrrsoN Twwora(612)455-1661
DAVID L.HAReaYER
Puma Ammo T°
September 19, 1989
Plats ki oecnsaw
Mr. Gary Warren
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
11 RE: Murray Hill Water Tower Site Transaction
Your File No. PW159
Dear Gary:
Enclosed please find draft Purchase Agreement with Gilbert
and Jillene Kreidberg concerning the above transaction. Please
call if you have questions or comments. •
Very truly yours,
' G NIS, G IS, FARRELL
& KNUTSON
BY:
R er N. Knutson
RNK:srn
Enclosure
P.S. - If the property is going to be platted, I suggest the
platting gg
P g process be completed before closing.
RNK
CITY OF CHANHASSEN
aft
I SEP2O1989
ENGINEERING DEPT.
I
I
1
PURCHASE AGREEMENT
AGREEMENT made this. day of , 1989, between
THE CITY OF CHANHASSEN, a Minnesota municipal co rp oration (hereinafter
"City") , and GILBERT KREIDBERG and JILLENE XREIDBERG, husband and wife II
(hereinafter "Buyer") .
RECITALS I
A. City is the owner of certain real property in the City of
Chanhassen, Carver County, State of Minnesota, (hereinafter "subject
property") , legally described as follows:
The southerly 90 feet of Lot 31, MURRAY HILL ADDITION, lying
east of a line described as follows: Starting at the south-
east corner of Lot 31, MURRAY HILL ADDITION, thence west along
the south lot line of Lot 31, 210.00 feet to the point of
beginning, thence north on a line parallel to the easterly
boundary of said Lot 31. 1
•
B. Buyer desires to purchase the subject property, and City is
willing to sell the same to Buyer, subject to the terms hereinafter set I,
forth.
IN CONSIDERATION OF THE FOREGOING, AND IN CONSIDERATION OF THE
MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: I
1. Sale of Subject Property. City agrees to sell and convey to
Buyer by general warranty deed, and Buyer agrees to purchase the subject II
property, subject to the following encumbrances:
a) Building, zoning, and subdivision ordinances, and state II
and federal regulations;
b) Reservations of minerals or mineral rights to the State "II
of Minnesota;
c) Public roads, highways, utilities or rights-of-way; I
d) Real estate taxes payable in the year of closing and
subsequent years, together with all installments of special
assessments payable therewith and thereafter, whether heretofore II
1
09/19/89
II
or hereafter levied or assessed, subject to the provisions of
paragraph 5 herein;
2. Payment of Purchase Price. Buyer shall pay to City as
consideration for the purchase of the subject property the sum of Thirty
Thousand and 00/100 Dollars ($30,000.00) , payable as follows:
a) Three Thousand and 00/100 Dollars ($3,000.00) earnest
money in cash, receipt of which is hereby acknowledged by City;
b) Twenty-seven Thousand and 00/100 Dollars ($27,000.00)
in cash, which is the balance of the purchase price, payable on
the date of closing.
11 3. Title and Examination. City shall, within a reasonable time
after acceptance of this Agreement, furnish an Abstract of Title or a
Registered Property Abstract, certified to date to include proper
searches covering bankruptcies, state and federal judgments and liens.
Buyer shall be allowed twenty (20) business days after receipt for
examination of title and making any objections, which shah be made in
writing or deemed waived. If any objection is so made, City shall be
allowed 120 days to make title marketable. Pending correction of title,
payments hereunder required shall be postponed, but upon correction of
title and within ten (10) days after written notice to Buyer, the parties
shall perform this Agreement according to its terms. If title is not
corrected within 120 days from the date of written objection, this
' Agreement shall be null and void, at option of Buyer, neither party shall
be liable for damages hereunder to the other, and any monies paid shall
be refunded to Buyer.
11 4. Closing. The closing of this transaction shall take place
on or before November 1, 1989, at such location and at such time as may
be mutually agreed upon by the parties.
1
-2-
5. Real Estate Taxes. Buyer agrees to pay all real estate
taxes and special assessments due and payable in the year 1989 and �n
thereafter. City makes no representation concerning the amount of future I
real estate taxes.
6. Contingencies. This Agreement is subject to the I
following:
a) The City intends to construct a 10-foot wide '
driveway/trail access within the City's 20-foot wide parcel
which currently abuts the northerly portion of the subject
property, which will in all likelihood require the removal of II
one of the mature pine trees.
b) The City intends to construct a controlled access gate II
to prohibit unauthorized vehicular access, but which can be
unlocked by the City for routine servicing of the water tower
site.
c) Buyer agrees to promptly clean the subject roe
debris and to build a fence complying with City ordinances along
the westerly and northerly boundary of the subject property.
d) Buyer will be allowed to remove the existing split rail
fence on City property located east of the water tower. I
e) The City and Buyer agree to split the subdivision cost
required for this transaction which is in addition to the
purchase price stated above. I
f) Buyer certifies that they have reviewed this lot split
with the residents of the Pleasant Hill Subdivision and have
obtained their concurrence with the City's proposal to eliminate !'
one tree and construct the controlled access driveway/trail for
routine use by the City for maintaining the Murray Hill water
tower and appurtenances. The trail is to be for the enjoyment of I
the public.
7. Default. If Buyer defaults in any of the agreements herein, I
City may terminate this Agreement, and on such termination all payments
made hereunder shall be retained by Buyer as liquidated damages, time t
being of the essence hereof. This provision shall not deprive either
party of the right of enforcing the specific performance of this
Agreement, provided this Agreement is not terminated and action to
-3-
II -
enforce specific performance is commenced within six (6) months after
such right of action arises. In the event Buyer defaults in his
' performance of the terms of this Agreement, and notice of cancellation is
served upon Buyer pursuant to M.S.A. 559.21, the termination period shall
be thirty (30) days as permitted by Subdivision 4 of M.S.A. 559.21.
6. Notices. Any and all notices required by this Agreement
1 shall be made in writing and delivered personally or by prepaid,
certified mail to the parties as follows:
As to Sellers: City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
Attention: Don Ashworth
' As to Buyer: Gilbert and Jillene Kreidberg
6444 Murray Hill Road
Excelsior, Minnesota 55331
9. Miscellaneous. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns, and the provisibns of
this Agreement shall survive the closing.
IN WITNESS WHEREOF, the parties hereto have set their hands the
day and year first above written.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
IAND
Don Ashworth, City Manager
- GILBERT KREIDBERG
•
JILLENE KREIDBERG
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