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1c. Lake Susan Hills 2nd & 3rd Additions, Final Plat & dev Contract i CITYOF --- iv 1 CHANHASSEN „°', 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 • FAX (612) 937-5736)on by City Adm!;, brdorse ' MEMORANDUM Rr idle._- -_�. TO: Don Ashworth, City Manager Da' s,um....., ., Crr,- _:„ FROM: Jo Ann Olsen, Senior Planner Ae;c. sit-;,a t, G,,,,,,.;I IDATE: August 7, 1990 SUBJ: Final Plat for Lake Susan Hills West 4th Addition IOn June 25, 1990, the City Council approved the preliminary plat for Lake Susan Hills West 4th Addition for 159 single family lots Iwith the following conditions: 1. All streets that are proposed for future connection shall be I provided with a turnaround which meets city standards with a barricade and signage stating that it is a temporary cul-de- sac and will be a future road connection. I2. The applicant shall provide one tree per lot and additional landscaping along the entrances and boulevards as part of the PUD approval and the developer shall provide $150 per lot for Ilandscaping. 3 . The applicant shall provide a plan illustrating large areas of I mature vegetation located on the site. Areas of mature vegetation not impacted by streets or building pads shall be preserved with tree removal plans required as part of the building permits. I4. The applicant shall pull back the cul-de-sac servicing Lots 11-13 , Block 4 to remove the building pads from the ravine Iareas. 5. The applicant shall provide a registered engineer's report on I soils, footings and structural design and a registered engineer's grading and drainage plan for the City Engineer and Building Department approval prior to issuance of a building permit on Lots 11 and 13, Block 4. I6. An amended preliminary plat maintaining at least 50% of the lots with 15,000 square feet or more shall be provided. I I 1 1 1 Lake Susan Hills West 4th Addition Final Plat ' August 7, 1990 Page 2 ' 7. Designate the parkland as an outlot which will be platted as part of the first phase. 8. All of the access points to the parkland between single family ' lots shall either be paved and signed that they are public access points. ' 9. The applicant shall provide calculations for City Engineering Department approval to demonstrate that the ponding area proposed between Block 5 and 6 within the parkland meets 100 ' year storm requirements and that there is adequate room for access between the north and south park areas. 10. Park Access: The approved PUD plan provided access off of ' both looped streets. Such continues to be required and should be shown as parkland dedication, not simply easements. ' 11. Trails/Sidewalks: The developer shall be required to provide trails/sidewalks as follows: a. Five foot wide concrete sidewalks shall be constructed along thru streets as shown on the attached plan. Sidewalks shall be completed at the time street improvements are constructed. b. A 20 foot wide trail easement along the west side of Powers Boulevard shall be dedicated for future trail ' purposes. c. The above trails/sidewalks satisfy the City's trail dedication requirements and therefore, no trail fee shall be charged. 12. The applicant will be required to pay 50% of park dedication ' fees. There will be no trail fee required. 13. All building permits with patio doors as part of the building ' plans, shall provide a survey showing that a deck can be installed without a variance to the setback. 14. The applicant shall enter into a development contract with the ' City and provide the necessary financial securities to guarantee completion of the improvements. ' 15. The applicant shall obtain and comply with all permits required by the DNR, Watershed District and Office of the Carver County Engineer. ' 16. The applicant's engineer shall provide the City Engineer with Lake Susan Hills West 4th Addition Final Plat August 7, 1990 Page 3 calculations verifying the storm sewer, watermain and sanitary sewer pipe sizing. 17. At intersections where the street grades exceed 3%, a landing zone with a street grade of 3% or less for a minimum distance of 200 feet shall be used. 18. After grading, all disturbed areas shall immediately be seeded and mulched to prevent erosion. All slopes greater than 3 to 1 will need to be stabilized with wood fiber blankets or equivalent. i •19. Type II erosion control shall be added along the proposed silt fence adjacent to sediment basin and ravine areas. 20. All street and utility improvements shall conform to the City's standards for urban construction. Construction plans and specifications shall be submitted to the City Engineer for review and approval. 21. The applicant shall reduce street grades to comply with City Ordinance throughout the development (maximum 7%) . 22. Prior to assigning street names, the applicant shall consult with Public Safety for recommendations. ' 23. Park grading: The developer, at it's sole cost, shall grade the park areas in accordance with a timetable and plans to be furnished by the City. The City will develop park plans when the final park boundaries have been determined. The applicant has submitted a final plat for the first of three phases of the Lake Susan Hills West 4th Addition. The applicant is proposing to final plat 43 of the 159 single family lots. The first page of the final plat illustrates the areas being platted with single family lots at this time and illustrates the remaining areas being designated as outlots for future platting. The applicant has adjusted the final plat to meet some of the , preliminary plat approval. Conditions #4, 6 and 7 have been provided for by the applicant. Most of the remaining preliminary plat conditions are long term or will be provided as lots are developed and will be enforced as part of the development contract. The applicant has also submitted a listing of the lot sizes for the 4th Addition to verify that 50% of the lots contain 15,000 square feet or more. A revised preliminary plat showing the final lot areas, the cul-de-sac being pulled back from Lots 11-13, Block 4 and final parkland must be submitted for the Planning file. The , . Lake Susan Hills West 4th Addition Final Plat ' August 7, 1990 Page 4 ' areas proposed for final platting at this time are consistent with the approved preliminary plat. RECOMMENDATION • 11 Staff recommends the City Council adopt the following motion: ' "The City Council approves the final plat for Lake Susan Hills West 4th Addition as shown on the plans dated July 30, 1990, with the following conditions: 1. All streets that are proposed for future connection shall be provided with a turnaround which meets city standards with a barricade and signage stating that it is a temporary cul-de- sac and will be a future road connection. 2. The applicant shall provide one tree per lot and additional ' landscaping along the entrances and boulevards as part of the PUD approval and the developer shall provide $150 per lot for landscaping. ' 3. The applicant shall provide a plan illustrating large areas of mature vegetation located on the site. Areas of mature vegetation not impacted by streets or building pads shall be preserved with tree removal plans required as part of the building permits. I 5. The applicant shall provide a registered engineer's report on soils, footings and structural design and a registered engineer's grading and drainage plan for the City Engineer and Building Department approval prior to issuance of a building permit on Lots 11 and 13, Block 4. 8. All of the access points to the parkland between single family ' lots shall either be paved and signed that they are public access points. 10. Park Access: The approved PUD plan provided access off of ' both looped streets. Such continues to be required and should be shown as parkland dedication, not simply easements. ' ll. Trails/Sidewalks: The developer shall be required to provide trails/sidewalks as follows: ' a. Five foot wide concrete sidewalks shall be constructed along thru streets as shown on the attached plan. Sidewalks shall be completed at the time street improvements are constructed. , • 1. Lake Susan Hills West 4th Addition Final Plat August 7, 1990 Page 5 b. A 20 foot wide trail easement along the west side of Powers Boulevard shall be dedicated for future trail purposes. c. The above trails/sidewalks satisfy the City's trail 1 dedication requirements and therefore, no trail fee shall be charged. 12. The applicant will be required to pay 50% of park dedication 1 fees. There will be no trail fee required. 13. All building permits with patio doors as part of the building 1 plans, shall provide a survey showing that a deck can be - installed without a variance to the setback. 14 . The applicant shall enter into a development contract with the City and provide the necessary financial securities to guarantee completion of the improvements. 1 15. The applicant shall obtain and comply with all permits required by the DNR, Watershed District and Office of the Carver County Engineer. 18. After grading, all disturbed areas shall immediately be seeded and mulched to prevent erosion. All slopes greater than 3 to 1 will need to be stabilized with wood fiber blankets or equivalent and Type II erosion control. 19. Type II erosion control shall be added along the proposed silt fence adjacent to sediment basin and ravine areas. 20. All street and utility improvements shall conform to the City's standards for urban construction. Construction plans and specifications shall be submitted to the City Engineer for review and approval. 1 23. The park area shall be graded as part of this phase and shall be consistent with the park plan being developed by VanDoren Hazard Stallings. The developer, at it's sole cost, shall grade the park areas in accordance with a timetable and plans to be furnished by the City. The City will develop park plans when the final park boundaries have been determined. 1 24. Grading along the plat boundaries shall be compatible with adjacent properties and existing off-site drainage patterns. 1 25. Truck hauling in and out of the site shall be limited to the proposed Lake Susan Hills Drive access off of Powers Boulevard (County Road 17) at the south end of the project. 1 1 Lake Susan Hills West 4th Addition Final Plat ' August 7, 1990 Page 6 i 26. The applicant shall submit the 4th Additional final street and utility plans and specifications for staff review and City Council approval. ATTACHMENTS 1. City Council minutes dated June 25, 1990. ' 2. Memo from Assistant City Engineer dated August 8, 1990. 3. Staff report. 4. Final plat dated July 30, 1990. r I I I I 1 I I I I 1 CITY OF cHANHAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM I TO: Jo Ann Olsen, Senior Planner �,� FROM: Charles Foich, Assistant City Engineer e" DATE: August 8, 1990 SUBJ: Final Plat Review for Lake Susan Hills West 4th Addition Project No. 90-14 (pvt) At the time of the preliminary plat submittal, the applicant expressed a desire to grade the entire development this fall to save on mobilization costs and to provide the County with approximately 110,000 cubic yards of material for the future improvement of County Road 17 between -Lyman Boulevard and Lake Drive. However , due to timing and financial constraints, the applicant is now proposing a revised plan to grade and construct the subdivision in phases. Improvements to the 4th Addition and a portion of the 5th Addition are proposed to be constructed this fall . The remainder of improvements to the 5th Addition and the • 6th Addition are scheduled for 1991 . Construction this fall will involve site grading, the 1 installation of watermain, sanitary sewer and storm sewer, and the construction of paved streets for Lots 1 through 15 , of Block 1 , Lots 1 through 5 of Block 2, Lots 1 through 16 of Block 3, I Lots 1 through 5 of Block 4 and Lots 1 and 2 of Block 5 (see plans ) . GRADING ' The majority of the area in this phase is proposed to be graded. Critical slope areas are found in the rear of Lots 3 through 9 of Block 1, Lots 1 through 4 of Block 2 and Lots 5 , 6, 13, 14 and 15 of Block 3. The implementation of special slope stabilization methods such as wood-fiber blankets and Type III reinforced erosion control will be required in these areas. The grading of the proposed park area and trail system shall be conducted at this time and shall be consistent with the park plan currently being developed by Van Doren-Hazard-Stallings. Grading at the plat boundaries shall be compatible with and allow for the natural drainage of adjacent property, particularly Lake Susan Hills 3rd Addition. A registered engineer shall certify that the grading has been completed according to approved plans. 1 1 . Jo Ann Olsen August 8 , 1990 ' Page 2 EROSION CONTROL Erosion control silt fence is proposed at strategic locations throughout the grading area. Type III erosion control shall be implemented at all locations where slopes are greater than 3:1. All disturbed areas shall be re-seeded and mulched promptly upon completion of the grading operations . ' HAULING It is anticipated that excess fill material from this grading ' phase will be disposed of at an off-site location. If this location is in Chanhassen, a separate grading permit will be required for the disposal . A County access permit will be required for the proposed Lake Susan Hills Drive connection to Powers Boulevard (County Road 17 ) . This is the only access point for trucks in and out of the ' site. Trucks will not be allowed on the residential streets of the other Lake Susan Hills Additions . A gravel construction entrance shall be constructed at teh access off County Road 17 to ' a minimum length of 100 feet. WORKING HOURS ' Working hours for grading and hauling of this pahse shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday except on holidays . ' STREETS ' Street right-of-way widths range from 50 feet on the interior streets to 60-feet wide on the main thoroughfare as per the previous PUD agreement. Revisions to the previous street grading submittal have been made, as requested by the City, to meet the ' maximum allowed street grade of 7% and also to meet the maximum allowed 3% grade for 200 feet on an approach to an intersection with a stop condition. The proposed street width of Lake Susan ' Hills Drive shall be 35 feet back of curb to back of curb. GENERAL COMMENTS Due to the limited timing and the financial constraints, the applicant wishes to acquire grading approval for the 4th Addition and a portion of the 5th Addition at this time and enter into a development contract with the City. Given the circumstances and conditions of the situation, it would seem appropriate to approve the final plat and grading for the 4th Addition conditioned that 1 - the final street and utility plans and specifications be submitted for review by staff and approval at the next City Council meeting (August 27, 1990 ) . Jo Ann Olsen 1 August 8 , 1990 Page 3 ' ADDITION TO GENERAL COMMENTS A copy of the project specification and a revised set of plans were submitted for review on Wednesday afternoon, August 8, 1990. There was insufficient time to review this latest submittal prior to printing of the Council packets . These plans will be reviewed by staff and recommendations on street and utility construction approval will be made at the next Council meeting. RECOMMENDED CONDITIONS 1. The applicant shall enter into a development contract with the City and provide the necessary financial securities to guarantee completion of the improvements. 2 . The applicant shall obtain and comply with all permits required by the DNR, Watershed District and the Carver County Engineer. 3 . The park area shall be graded as a part of this phase and shall be consistent with the park plan being developed by Van Doren-Hazard-Stallings. I 4 . Upon completion of the grading operations, all disturbed areas shall immediately be seeded and mulched to prevent erosion. All slopes greater than 3:1 will need to be stabilized with wood-fiber blankets and Type II erosion control . 5 . Grading along the plat boundaries shall be compatible with adjacent properties and existing off-site drainage patterns. 6 . Truck hauling in and out of the site shall be limited to the I proposed Lake Susan Hills Drive access off of Powers Boulevard (County Road 17 ) at the south end of the project. 7 . The applicant shall submit the 4th Addition final street and utility plans and specifications for staff review and City Council approval. , ktm I 1 1 City Council Meeting June 25, 1990 • Mayor Chmiel: Second. • Councilman Johnson: At that little cost, it 's not worth going out to try to . ' + find a better bid that's for sure. Councilman Workman moved, Mayor Chmiel seconded to approve the Deloitte proposal ' to complete arbitrage. All voted in favor and the motion carried. PRELIMINARY PLAT TO SUBDIVIDE 63.7 ACRES INTO 159 SINGLE FAMILY LOTS LOCATED ON THE WEST SIDE.OF COUNTY ROAD 17, JUST SOUTH OF LAKE SUSAN HILLS 2ND AND 3 ' RD A '� ADDITION, ARGUS DEVELOPMENT. ' Paul Krauss: The applicants are requesting approval to subdivide out 159 single family lots without outlots to be dedicated for park. This is the fourth phase of the Lake Susan Hills PUD. The plat's average lot size is 14,700 square feet with over 50% having 15,000 square feet or larger as required by ordinance. The plat's generally consistent with the approved concept, PUD concept plan with changes stemming mostly from issues connected to topographic concerns and poor soils that were uncovered. Also this phase has 4 more lots than was originally ' proposed but conditions have been required to insure that when you take the whole PUD cumulatively, that the gross allowable number of homes, which I believe is 411 for the entire PUD won't be exceeded. The street layout is ' generally acceptable. Streets will be constructed in a phased program. To insure that everybody's aware that streets will be extended as they move into neighborhoods and buy lots, we will have streets paved up to their end. There will be barricades. There will be signs on those barricades that say the ' street 's to be extended. In the short term though, the street layout, the phasing layout makes pretty good sense and doesn't leave us with extraordinarily .; long cul-de-sacs. At least we can live with that situation. There are some road grades in excess of 7% which is the City standard. we're recommending that the plans be revised to eliminate those. Grading will be significant. We believe it's generally reasonable. Although we note that some additional grading detailing is required on both the grading plan itself and related drainage issues. Lots 11 and 13, Block 4 contain a steep wooded ravine that is generally found in this area over here. Since it is a wooded ravine and since there are soils issues associated with it, we're recommending that the plat be I , revised to pull the homesites back from there. That can be done. You've got to massage the plat around somewhat. It will look a little different in that area but we think that it's worthwhile to preserve that feature. We're also ' requesting a tree removal plan so that we can attempt to save trees that are widely scattered around this site. Most of the site's been actively farmed and doesn't have a whole lot of vegetation on it. The applicant presented the plan to the Park Board wherein they were offering basically a larger amount of ' acreage than had been originally proposed in the concept. In exchange they were looking for some concessions on the park dedication fees that would have been assessed. The Park Commission determined that the additional open space was not ' suitable for park due to soils, grades and drainage issues. to accept it as park however since it was adjacent to other land ythat they lwere going to accept but they recommended that no reduction in park fees result from that. Details regarding drainage and the park continue to be worked on between staff and the applicant. We've got a goal of insuring that there's good access into the park and that the land is as useable as possible. The Planning Commission recommended that the preliminary plat be approved. Staff also 21 1 - 1 City Council Meeting - June 254 1990 1 recommends approval with the conditions as modified by the Planning Commission and outlined in the staff report. Mayor Chmiel: Okay. Paul, is there any reason why, even though preliminary coming in is not signed by a PE? Paul Krauss: None that I'm aware of. Maybe the applicant can explain that. I We've been working with a registered engineer on the plat. Mayor Chmiel: I often times think that that's a requirement even in a plat. To know that there is that being done with that PE's number attached to it as indicated. Gentlemen, do you have any discussions as to what Paul has indicated thus far? Anyone wishing to address it? Just state your name please and where you're located. Brian Olson: Thank you Mr. Mayor. Mayor, members of the Council, my name is Brian Olson. I work with Argus Development. Joe Miller Homes is the home builder and he'll be the home builder throughout this whole 159 lots and will be phased at approximately maybe 3 or 4 different phases over the next 3 and 4 years. I've got a few points to kind of go over on a couple of the staff recommendations and maybe we can have a little more discussion on the full meaning of them. Paul, is this the same staff report then as the Planning Commission? So it's all the same recommendations? , Paul Krauss: Well there's one modification Brian. Condition 9 was modified by the Planning Commission such that the applicant shall provide calculations for City Engineering Department to demonstrate that the ponding area on Blocks 5 and 6 within the parkland meets the 100 year storm. Brian Olson: Okay, as long as we're talking about that point there. It notes , here in the staff report that they would like to see the holding pond located in the north part of the proposed park area. Where it is right now as far as on the plan, it's in the lowest portion of the site and I believe when the original PUD was approved, it did go through the watershed district and they concurred with that location. We would prefer to keep it in that location. We in fact did meet with the engineering staff last week about that and they seemed to concur also that that's the best location for the pond. So I'd like to recommend that that condition be changed to allow the park to be located as is. Councilman Johnson: This doesn't say it moves anymore. The new condition 9 doesn't say what the old condition 9 did. Brian Olson: Okay. ' Gary Warren: Mr. Mayor, the engineering position on the matter as conveyed by Charles Folch, our assistant who was at the location of the pond, he acknowledged that the location of the pond for the north area but it was conditioned that there's a few concerns that we had that had to be addressed by the developer. First of all was the 100 year ponding limits. That was the condition you mentioned coming out of the Planning Commission as far as calculations for that. That needed to be defined so we could determine the proposed or the impact on the proposed trail system for the park and second was an erosion control plan to deal with the overland drainage from the storm sewer outlets at the north end. Finally was a culvert would need to be designed and 22 II . City Council Meeting - June 25, 1990 1 constructed under the proposed trail to connect overland drainage so they're all kind of interrelated but I don't want the impression to be that there's a blank check that engineering has written off on the location for the north side. There III are some things that have to be dealt with here first. Brian Olson: That's correct. Paul Krauss: If I could expand on that too. There's a very real concern with the park and how it functions and that's why this issue's been raised. The .pond II that 's being proposed by the applicant is down in there and most of the park property, active park area is down in here. What's happening though is that the pond in this location, if it's not designed appropriately, sakes this area dedicated park property inaccessible. If the flood balance on this thing is too ' high, the trails that are going to run around there connecting the two parts of the parks and different parts of the subdivision, they're going to be impassable. That 's why we have a real concern with how that drainage is ' handled. We had originally proposed it being up north there because that isolates that ponding area and allows for a continuous park. The drainage is the ley relative to the recreational use. , Brian Olson: And I agree with that . We worked it out at the Planning Commission and Park so that we are going to have those trails out of the water. Mayor Chmiel: One of the problems I have with that, these last rainfalls that we've had I've had too many calls at my home at different hours of the night and • day coming out to say, come and see the amount of water that we have and where Iwe have it. I think that's something that really has to be addressed. Brian Olson: We'd really like to have a useable park next to our homes also. ' Councilman Workman: So you're agreeable for it to be located on the north side then? Brian Olson: We can't. If we have to move it to the north site, then we still have to build a pond in that location because that's the lowest part of the site and the watershed district is going to require it. As a matter of fact, I can't even get all the storm water drainage off of this property up to the north part of the site. Mayor Chmiel: ' How's that going to be addressed then? IGary Warren: Well the calculations and such that need to be provided for us to evaluate it is the crux of that. ' Brian Olson: See what we talked about at the Planning Commission and then also last week was the fact that the bounce area, the 100 year flood area can be a ' rather unusual shape. It doesn't have to be rounded like a park and we can keep it away, or a pond, and we can keep it away from the edges where the trails are planning on going. The very center there of that proposed pond area, it's somewhat shaded there I guess. That's about all the bigger that pond is going to be. It does not go way out into the area but the 100 year flood would. But we're going to work on that with the staff to make sure that the trails will be dry. 23 . I . City Council Meeting - June 25, 1990 I Councilman Workman: How about the issue of making that north part, is that pond going to cut off them and make two sections of the park? Is that what you're getting at? Paul Krauss: Councilman Workman, that is the concern. Now it's really a design problem at this point and it's up to the applicant to demonstrate to us that that's not going to happen. If they can do that, I guess we're comfortable with it. If they can't, we're going to have to find another answer. Councilman Workman: And until we get the proper data we can't even consider it . , Mayor Chmiel: Right. Okay. Brian Olson: Also, on condition number 1. It talks about all street stubs to have a temporary cul-de-sac. Some of our street stubs that we're proposing are relatively short in length. Through the future phasing perhaps some of these won't even be 100 feet long without even any driveway access out onto it. And if that's the case, I would hope that perhaps we could just work with engineering department on that portion of the recommendation here on the report. Maybe leave it in his best judgment then as far as do we need a temporary cul-de-sac or not on that. Paul Krauss: We've discussed that in house and if there are in fact no homes on this stub street, we'd want it paved up to the property line but you put the barricade out at the street intersection to stop anybody from going down there. That would be acceptable to us. I Gary Warren: As long as there's not a driveway access onto the street so they have not a full street, we would go along with that. _ II Mayor Chmiel: Staff is comfortable with that I guess. I don't have any real problem. Councilman Workman: You're saying, I'm not sure I'm clear what you're saying. You aren't talking about on the cul-de-sac situation. You're talking about on the potential connection. , Gary Warren: This is where the future road would be coming with a subsequent addition as Brian has indicated. So long as we don't have a driveway... Mayor Chmiel: Would you want to continue this out Paul. Councilman Workman: On the north side. , Brian Olson: On the very south there Paul, by the very southern cul-de-sac. Paul Krauss: For example there's a stub street and this one is here. The , street would be extended up to this point. All the homes are on this portion of the street and there is a cul-de-sac there. We would want this paved which would put a barricade out here. Councilman Johnson: It's got to be obvious that 'the street is going to continue there so people don't think they're on the end of the road and that they'll never have a street on that side of their house. 24 1 • lir _ ' City Council Meeting - June 25, 1990 1 Mayor Chmiel: Right. It eliminates a lot of problems as they come back. Brian Olson: The other thing would be point number 8. There was a lot of I I discussion about building trails at the Planning Commission. I think the Planning Commission crossed out the paved portion of that recommendation. See I II don't know if you're looking at the same recommendation that I am though. Mayor Chmiel: I don't think I am. ICouncilman Johnson: This still says paved and signed. Mayor Chmiel: It does say paved and signed, yeah. IIPaul Krauss: To the best of my recollection, that wasn't changed. There's a reason for that and the reason is similar to the issues with road extensions. Cities have a devil of a time paving those trail connections at some point in I the future when the park is developed. What we'd like to achieve is that we believe there's a connection right in here. That there be some paved access with a sign that says trail for park access, so that as homes are developed I around there, that those people are aware that that's the condition that's going to be in there and that might have to suffice for several years until the park • itself is developed by the City. ICouncilman Johnson: Yeah, I discussed the park access on Chan Pond with one of the neighbors that bought the house next to the park access and both neighbors had sodded right up together. I said are you aware that you just sodded 5 feet I of city property. He said no. He had no idea. I don't which neighbor sodded the park access but it'd be a few years probably before we can pave that access. There's some more work to be done on the park before it's reasonable but those • I two neighbors would probably have something to say about it when we go to do that. Brian Olson: Okay, as part of this recommendation in here it says paved and/or Isigned so it would be okay if we just went ahead and signed those access points? Paul Krauss: My conditions just says and. Gary Warren: On page 10. IPaul Krauss: On page 10 which is the most recent one. Councilman Johnson: A slab of asphalt going nowhere doesn't sake a lot of sense. If you had the sign at least there, the property owner can't say that he I didn't know that there was going to be a park access there. Even if the sign said future park access. Or just said park access. As long as it's a straight shot. Now the one on Chippewa happen to goes so far and then turn and you I really have to know, when you're walking on sodded grass, you don't know where that turn is or you're off the city property onto somebody's private property. Unless you bring a map. . Brian Olson: One of the recommendations here was to plat all the park area and I II dedicate it over to the City. That is fine. We would prefer just to put up the sign that would say that this is going t b a is in ll . promotional brochures and everything. ieith I e 25 1 City Council Meeting - June 25, 1990 we have tighter control on what we say to people. Mayor Chmiel: In one section of this I read two different things which is one If- . page 7. It says paved and/or signed and on page 10 it just says paved and signed. Gary Warren: Page 10 is the consolidation. Mayor Chmiel: That's correct. Right. I think what they're looking at is basically having it as such. As being paved and signed. Unless Paul, do you have any other? Councilman Workman: Well if it's paved, why does it need to be signed? ' Paul Krauss: I guess we've fought enough of these battles over the years to possibly indulge in a little bit of overkill. But clearly the intent is that people know about what they're buying and if you feel the sign alone does it, we could live with that. We want something there on the ground. That 's our preference. Councilman Johnson: It certainly does a lot more then we're got now at some of these locations. Gary Warren: I would concur Mr. Mayor that the battles that we fight, even though we have signs and easements when we go to pave something, usually it's overwhelming sometimes. The surprises and the position that staff gets put into to try to get these in. I would also opt for paving. ' Brian Olson: Mr. Mayor? May I ask on some of these other parkland connections that are to the north. How far as we talking about pavement because once it does get paved a little bit, you're citizens are going to want to see the rest of the trail built. So I guess I would just like to know how far we're talking about. , Paul Krauss: Well we're talking about stubs. Getting past the homes from the public right-of-way. It's the City's obligation to develop the park in whatever timeframe the City can do that. Yeah, there may be a little bit of disappointment that that park is not built this summer or next fall or something but I still think that's preferable to not doing it at all and then having to fight the issues 2 or 3 years from now when we're prepared to develop the facility. Gary Warren: Once you get past the lot depth, I think that's what we're talking about. Mayor Chmiel: I think I agree with that. Brian Olson: As long as we're talking about some park issues. Before we can price out lots out here we really need to get what the proposed uses are going to be in this park and what the park plan is going to be. This is something 1 that we've requested for almost 6 months now and I realize you want to see some kind of approval before you get into the real nuts and bolts on the park design. 1 The one thing though as part of our grading contract we've got to rough grade the whole park. And right now perhaps we are going to site grade that whole IIJ 26 City Council Meeting - June 25, 1990 1 park, or the whole property this fall and if we have to come back next year to do some grading on the park. We've got to go through mobilization again on all • the equipment, we really need to get this whole project out there to kind of II -I balance out by itself so we don't have to haul any dirt around. I'd really like to I guess urge the City to get us a park plan as soon as possible. Also, what kind of grading that we're going to be kind of talking about. That's all. ' Mayor Chmiel: Have we done that in the past? Gary Warren: Park plans? Mayor Chmiel: Yeah. ' Gary Warren: Chan Hills 3rd Addition. Curry Farms. We have generated park plans and I agree with Brian as far as the need to accurately define what we mean by our grade because we've had some parks that have been left in a very rough graded state. Mayor Chmiel: And we should get back to them with that. Gary Warren: While we're getting credits, •we need to make sure what we're getting. Brian Olson: See we will have our final grading plan into the City I think ' within 4 weeks. I guess just the last comment would be on condition number 17. This has to do with street grades at intersections and this is something that Charles in Engineering and myself and our engineer and Dave Hempel talked about I last week. I guess Charles was willing to make some concessions to this just based on, we have a number of intersections that are so close together towards the south part of our property there where it accesses out onto the county road. II If you've driven by the site, you can notice that it really does kind of climb • up rather significantly. What Charles is mentioning is not any accesses to the County that would perhaps be shortened from this condition but some of the other ones. The T intersections. And I don't know if he's had a chance to talk to Gary about this or not but what I'd like to be able to do is at least this condition is just be able to work with the engineering staff on it. ' Mayor Chmiel: Gary, do you have any problems with that? Gary Warren: I don't know if I understood all of the specifics but Charles has • left me documentation on the street grade issue that we were hold to the 7% maximum that the City has. As far as the intersection and stuff, he didn't elaborate although on a note here he said, all streets with a reduced 3% maximum and 200 foot landing area at street intersections. ' Paul Krauss: I think I can add a little bit to that. I spoke P to Charles about that late this afternoon. What he indicated to se is, when you have a short stub street over here. What we're likely to do is put a stop sign over here so ' that traffic coming down to the County Road and then stop, this being the thru movement. This thru movement didn't need to maintain the 3% grade but where traffic is coming to a stop it did so there is some flexibility in the standard. I Wherever there's a stop sign, it's on that stop traffic flow that has the • flexibility. ' 27 City Council Meeting - June 25, 1990 We need Warren: W ed th a landing zones where the stop signs are obviously. Councilman Johnson: I see the hardest one there is obviously the one coming off , of Powers Blvd. . What's the grade on that one right now? Gary Warren: Well we're saying we would allow a 7% max. He will have to get a permit from the County which they will enforce their landing zone requirements. Councilman Johnson: So we don't show, there's no street grades shown on these taps we've got here. Drawings we've got here. Paul Krauss: There should be. There is a set. Brian Olson: There's only about 2 places in the plat where it was 8% and there were no grades over 8%.• So really the difference between a 7% and 8% is 1 foot per 100. 1 Gary Warren: We've gone along where we've got tree issues and some other environmental concerns where we've gone to 10%. I sure you remember like Near Mountain. Some•of those. We didn't have those real impacts here that we felt that it would be warranted to go beyond the 7% but I thipk the intersections that Brian is asking for us to consider, we certainly can work with him and work out those details. ' Brian Olson: The reason I'm asking this is that we are rather long on dirt on this to make it all work. The less grading that we have in the streets and then also in the intersections, that means we have to take down that hill even more. We have even more dirt left over. Then also the County, we got an agreement with them for 110,000 yards to remove from the site and the grading plan was based on that and now they're renigging. They would only like to do about 80,000 yards. Gary Warren: Have you talked to MnDot about dirt? , Brian Olson: No I haven't. Councilman Johnson: Talk to Eden Prairie landfill. I hear they're still buying ' dirt. Brian Olson: They tested us. It didn't quite have the right amount of clay ' content. Almost worked out. Councilman Johnson: ...buying at $4.00 cubic yard or something. Ludicrous amount for dirt. Brian Olson: Now that was pretty much the only comments I had to make about it. The last thing is just about the park. Ue've heard that •the parks commission didn't feel that it was suitable for any kind of park use and that was a part of the staff report that went to parks but there was quite a bit of discussion and I think the parks commission turned around and felt there was a lot of use for that area. The soils that are in there are not real bad soil. They're bad for building construction but not for parks. As a matter of fact, there's quite a few of the same soils that we have in our very western part of the plat that we've got to correct for home construction. If in fact we are allowed to have 28 City Council Meeting - June 25, 1990 more than 159 lots here, we would have utilitized that central area more ! . thoroughly for single family residential but since we are limited at 159 lots, we chose to well let's take a look at all the best soils and then work around IIIall that. We've had some trouble in our first addition out there. Gary's probably aware of a couple of the instances where there was some construction put through some bad soils and we got a couple problems with a couple houses. But that's all I've got. Mayor Chmiel: Okay. The other question that I asked Paul, is there any reason why the PE has not signed this preliminary? Brian Olson: He signed the cover sheet though. Mayor Chmiel: None of mine are signed. Not the ones at least I have. Brian Olson: Okay. Maybe in the rush of getting it in in a hurry. IMayor Chmiel: I prefer seeing that signature on there when they take their reviews of this. ' Brian Olson: I'm sorry for that. I didn't realize that happened. Mayor Chmiel: Okay, the other thing that I see in staff recommendations was changing the date as you had May 10th of 1990. It should be so noted that the plans are 4-16-90. Thank you. Any discussion. ' Councilman Johnson: Well I'm going to hit this one with something I've hit I don't know how many preliminary plats with over the last 4 years. 3 1/2 years. Right here in Section 18 of our Code it requires that flood plain areas, location of wooded areas. ..and all that other good stuff be shown and once again we got another preliminary plat in here that doesn't show the wooded areas. You're talking about these wooded areas along these ravines and I don't see it shown on the plat. I was fairly familiar with the area. Not even the cornfield part of the area. I didn't realize it went into any wooded areas and reviewing this without the staff getting out there, I never would have seen it. It continues to upset me that plat after plat comes in where they conveniently forget and this may be, since it's such a small area, maybe a little oversight but in other places it's been real convenient that the other plats from other developers, that they didn't show the woods that they're going to clear cut. Here again they've got these ravines that we're talking about trees. I'd like ' to see the requirements very plainly here in the book. I don't even like to look at them when they don't have the minimum requirements. ' Mayor Chmiel: Can you see that that's also part of it? Anything else? Councilman Workman: Are these streets yet unnamed or are they going to be Street A, B and C? Brian Olson: They're unnamed as of yet. Mayor Chmiel: Yeah, and that at some time should be on the plat as well. Councilman Johnson: Are you looking' for Workman Drive now? Clark got his Big ' Horn Drive in before he left. Chmiel Way? 29 I . City Council Meeting - June 25, 1990 Mayor Chmiel: No. No thanks. Any other discussion? I guess I see all those specific conditions as such with 1 thru 23 with other, the specific ones of.. . "- Councilman Workman: I just have one quick question. Number 13. All building permits will, I think it's with patio doors as part of the building plan shall provide a survey showing that a deck can be installed without a variance to the setback. Doesn't it sound kind of vague? People are creative with decks. Paul Krauss: Yeah, they can be and I guess we're not trying to inhibit design ' freedom. Councilman Workman: Are we giving them a free permit to build whatever they want with this? Paul Krauss: No. No. We've had a number of problems in PUD's with decks. Pheasant Hills being a good example. Since last fall I've changed the procedures adminstratively where when patio doors are on a house plan, we look at the lot survey to make sure a deck can go in there and if it can't, we tell them to take out the patio door. But this is just to clarify that issue and to put the developer on notice that you have responsibility to give us this survey information whenever you request a building permit. A standard deck is like 10 x 12. If somebody wanted to get more exotic and do something larger, that might not fit but as long as there was a legitimate use for that patio door, I guess we would be satisfied. Councilman Johnson: I mean if you only had 3 or 4 foot to the building setback ,and you wanted to put in a door on there, it doesn't make sense. In fact I know one that 's that way. Put in patio doors and then only had 5 feet. Actually put a deck to the property line behind a privacy fence. "- Councilman Workman: Well I'd move approval with. Mayor Chmiel: Okay, with the revisions as we said on there. 1 Councilman Workman: With staff working with them on number 1, 4, 8, 17 in addition to the Mayor's comment on the date. , Mayor Chmiel: As a preliminary plat. Councilman Workman: Yes. ' Councilman Johnson: I'll second that. I'd also like to ask one additional question. The storm sewer designs, there seems to be a long ways down some of these streets before they hit an intersector like between Block 6 and 7 on Street D. Water goes a long ways. I see the engineer's left here. It goes all the way, about 10 to 12 houses before it hits a storm sewer. , I Mayor Chmiel: Okay, that's maybe something Don that you could write to have Gary check. , Councilman- Johnson: I mean that could be adequate. Paul Krauss: In Gary's absence, it's something that we did note as well but we 11J 1 will get final design specs and they will have to justify that or put in 30 ' City Council Meeting - June 25, 1990 addi ' na 1 catch basins. ' Brian Olson: Just to kind of follow-up on that too. You know the engineering I . department did put me on notice as far as a real complete review on this whole plat. They are really kind of rushed on time and things so they did state that just because of the approval as is and things, things are probably going to pop up through the final plans and specs and things and we're aware of that. Councilman Workman moved, Councilman Johnson seconded to approve Preliminary ' Plat on Lake Susan Hills West PUD 4th Addition for 159 single family lots'as shown on the plans 'dated 4-16-90 with direction to staff to work with the applicant on conditions 1, 4, 8 and 17 and subject to the following conditions: ' 1. All streets that are proposed for future connection shall be provided with a turnaround which meets city standards with a barricade and signage stating that it is a temporary cul-de-sac and will be a future road connection. 2. The applicant shall provide one tree per lot and additional landscaping along the entrances and boulevards as part of the PUD approval and the developer shall provide $150.00 per lot for landscaping. 3. The applicant shall provide a plan illustrating large areas of mature vegetation located on the site. Areas of mature vegetation not impacted by streets or building pads shall be preserved with tree removal plans required as part of the building permits. 4. The applicant shall pull back the cul-de-sac servicing Lots 11-13, Block 4 to remove the building pads from the ravine areas. 5. The applicant shall provide a registered engineer's report on soils, footings and structural design and a registered engineer's grading and drainage plan for the City Engineer and Building Department approval prior to issuance of a building permit on Lots 11 and 13. Block 4. 6. An amended preliminary plat maintaining with at least 50% of the lots with 15,000 square feet or more shall be provided. 7. Designate the parkland as an outlot which will be platted as part of the ' first phase. 8. All of the access points to the parkland between single family lots shall ' be paved and signed that they are public access points. 9. The applicant shall provide calculations for City Engineering Department approval to demonstrate that the ponding area proposed between Block 5 and II 6 within the parkland meets 100 year storm requirements and that there is adequate room for access between the north and south park areas. 10. Park Access: The approved PUD plan provided access off of both looped streets. Such continues to be required and should be shown as parkland dedication, not simply easements. 31 City Council Meetin g - Ju ne 25, 1990 11. Trails/Sidewalks: The development shall be required to provide trails/ sidewalks as follows: - a. Five foot wide concrete sidewalks shall be constructed along thru , streets as shown on the attached plan. Sidewalks shall be completed at the time street improvements are constructed. b. A 20 foot wide trail easement along the west side of Powers Boulevard shall be dedicated for future trail purposes. c. The above trails/sidewalks satisfy the City's trail dedication requirements and therefore, no trail fee shall be charged. 12. The applicant will be required to pay SO% of park dedication fees. There 1 will be no trail fee required. 13. All building permits with patio doors as part of the building plans shall I provide a survey showing that a deck can be installed without a variance to the setback. 14. The applicant shall enter into a development contract with the City and provide the necessary financial securities to guarantee completion of the improvements. i 1S. The applicant shall obtain and comply with all permits required by the DNR, Watershed District and Office of the Carver County Engineer. 16. The applicant's engineer shall provide the City Engineer with calculations verifying the storm sewer, watermain and sanitary sewer pipe sizing. 17. At intersections where the street grades exceed 3%, a landing zone with a I street grade of 3% or less for a minimum distance of 200 feet shall be used. 18. After grading, all disturbed areas shall immediately be seeded and mulched to prevent erosion. All slopes greater than 3 to 1 will need to be stabilized with wood fiber blankets or equivalent. 1 19. Type II erosion control shall be added along the proposed silt fence adjacent to sediment basin and ravine areas. , 20. All street and utility improvements shall conform to the City's standards for urban construction. Construction plans and specifications shall be submitted to the City Engineer for review and approval. �• 21. The applicant shall reduce street grades to comply with City Ordinance throughout the development (maximum 7%). 1 22. Prior to assigning street names, the applicant shall consult with Public Safety for recommendations. 23. Park grading: The developer, at it's sole cost, shall grade the park areas in accordance with a timetable and plans to be furnished by the City. The 32 t' . City Council Meeting - June 25, 1990 City will develop park plans when the final park boundaries have been II I determined. All voted in favor and the motion carried unanimously. ' e�y� RECONSIDERATION OF A FINAL PLAT CONDITION FOR GREAT PLAINS GOLF ESTATES, DON C NALLA. Paul Krauss: On July 10, 1989 the City Council approved the final plat for, Great Plains Golf Estates which basically was designed to create three 2 1/2 acre lots which are shown down there in the extreme southern end of this plat ' and several large outlots. The plat was given preliminary plat approval in 1987 under the old ordinance which allowed 2 1/2 acre lots. The applicant was allowed basically to get his foot in the door and reserve the right to plat ' those lots. As you will recall, we've done this for a few other individuals as well and I believe he's been given a 5 year.deadline to complete platting the property. The 3 lot division which was final platted is the first phase of the ' ultimate plan which was to plat 38 lots on 105 acres. I couldn't find a reduced transparency of that plat but we do have a full sized one over here that we could pass around. This represents the ultimate subdivision that was given preliminary plat approval. Stemming from the preliminary plat review, the final ' plat requirement was to dedicate 27 foot of right-of-way on both sides of TH 101 which was designed to allow for future road upgrading. The applicant did not want to convey that easement and staff wouldn't release the plat so the plat's basically sat around for some time. At this point the applicant wants to proceed with final platting or recording the final plat and is requesting that that condition pertaining to the right-of-way dedication be removed. Staff is I _ recommending that requirement be upheld. Although no plans are in the works to currently upgrade TH 101, both MnDot and city staff believe it's prudent to reserve the right-of-way of-way since road improvements are going to be necessary. That's true basically with everybody concerned. I would point out that the ' Eastern Carver County traffic study and the draft comprehensive plan transportation element have both identified TH 101 as a problem area. The 38 lot subdivision that has been approved will increase local traffic. It will ' create three new street intersections on TH 101 and also has many lots that have direct frontage onto the highway itself. Thus, there's apparently to staff, there's a significant benefit to be gained from the ultimate improvement of that highway for this subdivision. The applicant has indicated that he currently has ' tree stock located in the proposed right-of-way area. There's a high volume well in the future right-of-way and there's also a portion of a building. Staff does not object and I spoke to the City Engineer about this. We don't object to allowing these items to remain undisturbed within that easement area until some . point in the future that the road is upgraded and then we'd like them removed at the owner's expense. But I'd have to point out that in all likelihood the ' property is going to be subdivided prior to the highway being upgraded so most of these things would be removed anyway. The well possibly not but again we don't object to leaving it in the right-of-way as long as it's clear that the responsibility for their ultimate removal lies with the property owner. Again, II staff is recommending that the right-of-way condition be upheld. Ye are willing to consider or have it approved with a condition that would allow them to keep those facilities located in the right-of-way. Mayor Chniel: Okay, thank you Paul. Any discussion? 23 . 1 1 ..ip : 3 I s I 1\ : s;1 \ . , —�; — ,s, s.` ;\` € I , 1 _ \ (2:---L'' A' '''C i 1 ■ \ 11,--4. _....-- ,,,, . , , I, alaw tiff '?II>:..,.....„, \f 1 J iI 11,jIi;LIi. �:7�I�S ti teaC•7R1�/ A - ` -iitigiolaillhainallo. L.et.� 11';1 cl__-_----------___________/.‘„ ; ,..„. r ; fs, 1.4'y 3i, NC ta ,'= I tell -: t-1 - --.:: ---- � l z ___ . --I . I '‘ ' ettift : .7:-Ir.- -ir,_Itvlkk,,,,,:._.440jNs&. .4__ .‘,, )s,..., _ i,... , __ I .046%.7•<,,Nitti—lor if ;,i- • - ), Illt ..- ,s, •4.r4,7% ‹gtip.-. .tu--Its-4:7-4NIA40,-,,t, to ..y. s:,s, ; i z_ 1 44146 �` `� - • \/v0 �. go' , e; .. - '^. ; f` tic•� , •r' ,----- -dpi ' •, g _ ,!1* gh OP -/-A `=�'�' -'- --us«- ...''',..,, \,:"'sssk‘i;,-:::?if.._"' tKill#11ESEr,..:7-: Il „ CO. RD. 17 III ------ -- ------P�;W�'RS BLVD. _ I IF r ' IA : ITY OF C. DATE: June 6 , 1990 !� C.C. DATE: June 25, 1990 ` � CHA11AE1 '`� CASE NO: 87-3 P � �_ PUD Prepared by: Olsen/v I • STAFF REPORT I - 1 PROPOSAL: Preliminary Plat for 159 Single Family Lots Lake Susan Hills West PUD 4th Addition - IZ Q V I: LOCATION: West Side of Powers Boulevard, approximately 1:113 one-quarter mile south of Hwy. 5 i y. IAPPLICANT: Argus Development Q 18133 Cedar Avenue Farmington, MN 55024 I - IPRESENT ZONING: PUD-R, Planned Unit Development-Residential Item Di CfMnItlef-dierit ACREAGE: 85.6 (gross) 53.73 (net) DENSITY: 3.0 units/acre (net) Rend IADJACENT ZONING N- D�te_y 'Zi'4 AND LAND USE: N PUD-R; s i ng le f ami ly De a Sarnince to Curl mssK', iI� S- PUD-R; vacant pelt Submitted to Gvunh-11 0 E- Lake Susan ILLI W- PUD-R; single family and vacant - WATER AND SEWER: - Available to site 'fm. PHYSICAL CHARAC. : The site contains rolling hills with the Majority of it tilled. I1990 LAND USE PLAN: Residential Low Density 1 7 .1 Lake Susan Hills June 6, 1990 Page 3 On August 28, 1989, the City Council approved the final plat for II Lake Susan Hills West 2nd and 3rd Addition. The Lake Susan Hills West 2nd Addition contained 21 single family lots and the 3rd Addition contained 55 single family lots (Attachment #6) . Preliminary Plat The applicant is proposing to plat the remaining land under the Lake Susan Hills West PUD located on the west side of Powers Boulevard (Attachment #7) . The preliminary plat contains 159 single family lots. The average lot size is 14,723 square feet with the largest lot being 26,350 square feet and the smallest lot being 12,000. Eighty of the lots (50%) contain 15,000 square feet or more and 79 (50%) of the lots contain less than 15,000 square feet. The PUD ordinance requires that at least 50% of the single family lots contain 15, 000 square feet or more and that the average lot size shall not be below 13,500 square feet. The PUD ordinance also requires a minimum of 80 feet at the building setback line (30 feet) and that no lot shall be smaller than 12,000 square feet. el The proposed preliminary plat has proposed changes over the approved PUD Concept Plan. Due to the topography and the soil of the site, the applicant is realigning some of the streets and adding 4 additional lots to this section over what was originally approved. The applicant is also proposing to add some additional open space and remove some of the previously approved parkland. �I The original PUD concept plan for the whole Lake Susan Hills West development permitted a total of 411 single family lots. With the first 3 phases, the applicant has developed a total of 162 single family lots with 249 single family lots remaining which can be platted as part of future phases. Therefore, as long as the applicant meets all of the other requirements of the PUD ordinance, it is possible for additional lots to be added in this phase as long as the developer understands that no more than a total of 411 single family lots will be permitted throughout the whole PUD. Streets, The 159 single family lots will be serviced by extension of Lake Susan Hills Drive and two other streets (unnamed) coming south from Heron Drive. The proposed streets and cul-de-sacs provide the required right-of-way. The lots are proposed to be developed in three phases as shown on the preliminary plat sheet. The first phase is located in the northwest corner of the addition and is serviced by an extension south of Heron Drive. Phase 1 is also providing future access for undeveloped property to the west I� between Lots 5 and 6, Block 8. All streets that are proposed for future connection will have to be provided with a turnaround which 1 1 Lake Susan Hills June 6, 1990 ' Page 4 meets city standards with a barricade and signage stating that it ' is a temporary cul-de-sac and will be a future road connection. This is to ensure that all future home buyers are adequately notified of the ultimate street system. The remaining two phases will provide an additional connection to Powers Boulevard from the PUD and internal connection between phases 1 and 2. The street grades in this development range from 0.5% up to 8.0% ' grade which exceeds the City's ordinance. The excessive grade is due to the steep slope adjacent to County Road 17. However, staff feels that the grade could be reduced to meet City Codes (7.0%) ' without severe impact on the proposed plan. Grading/Drainage ' The majority of the site is proposed to be graded. The most critical slopes are in the rear lots of the proposed development. Special slope stabilization measures and erosion control measures ' will be required to stabilize the slopes, i.e. wood fiber blankets. The applicant has expressed a desire to grade the entire ' development at this time to save on mobilization costs and provide the County with approximately 110, 000 cubic yards of material for the future expansion of Co. Rd. 17 between Lyman Boulevard and Lake Drive West. It is Carver County Highway Department's intent to ' open bids for the rough grading of Co. Rd. 17 near the end of June. The County will be entering into a Borrow Agreement with the applicant for the material. ' The entire development generally slopes downward to the southwest. The west and southwest portions of the site are lower in elevation while higher lands are present to the northeast and east. The drainage plan continues this drainage pattern with a series of storm sewers draining into one sediment basin located towards the middle of the development. The exact configuration of the sediment ' basin is somewhat unknown at this time due to future park uses, i.e. ball fields, soccer fields, trails and so on, therefore, the applicant will be working with staff to provide a sediment basin ' that would least impact the proposed future park uses. The proposed drainage for the easterly portion of the project is directed through' a series of storm sewer pipes and discharges into ' the ditch along Co. Rd. 17. The ditch follows Co. Rd. 17 south to a culvert underneath the road into a wetland which drains into Lake Susan. The applicant may be required to provide a sediment basin ' in the area to meet the flow and water quality requirements of the City and Watershed. As in the past, the exact storm sewer design can be "fine tuned" during the plan and specification review stage along with any Watershed concerns. 1. Lake Susan Hills June 6, 1990 Page 7 family lots as shown on the plans dated "May 10, 1990", with the 1 following conditions: 1. All streets that are proposed for future connection shall be provided with a turnaround which meets city standards with a barricade and signage stating that it is a temporary cul-de- sac and will be a future road connection. 2. The applicant shall provide one tree per lot and additional landscaping along the entrances' and boulevards as part of the PUD appboval and the developer shall provide $150 per lot for landscaping. 3. The applicant shall provide a plan illustrating large areas of mature vegetation located on the site. Areas of mature vegetation not impacted by streets or building pads shall be preserved with tree removal plans required as part of the building permits. 4. The applicant shall pull back the cul-de-sac servicing Lots 11-13, Block 4 to remove the building pads from the ravine areas. 5. The applicant shall provide a registered engineer's report on soils, footings and structural design and a registered engineer's grading and drainage plan for the City Engineer and Building Department approval prior to issuance of a building permit on Lots 11 and 13, Block 4. 6. An amended preliminary plat maintaining with at least 50% of the lots with 15,000 square feet or more shall be provided. 7. Designate the parkland as an outlot which will be platted as part of the first phase. 8. All of the access points to the parkland between single family I• lots shall either be paved and or signed that they are public access points. 9. The ponding area, as proposed between Block 5 and 6 within the parkland, shall be relocated to the north with overflow drainage piped to the south. 10. Park Access: The approved PUD plan provided access off of both looped streets. Such continues to be required and should be shown as parkland dedication, not simply easements. 11. Trails/Sidewalks: The developerment shall be required to provide trails/sidewalks as follows: I Lake Susan Hills June 6, 1990 Page 8 a. Five foot wide concrete sidewalks shall 'be constructed along thru streets as shown on the attached plan. Sidewalks shall be completed at the time street improvements are constructed. ' b. A 20 foot wide trail easement along the west side of • Powers Boulevard shall be dedicated for future trail purposes. ' c. The above trails/sidewalks satisfy the City's trail dedication requirements and therefore, no trail fee shall ' be charged. 12. The applicant will be required to pay 50% of park dedication fees. There will be no trail fee required. 13. All building permits will patio doors as part of the building plans, shall provide a survey showing that a deck can be ' installed without a variance to the setback. 14. The applicant shall enter into a development contract with the ' City and provide the necessary financial securities to guarantee completion of the improvements. 15. The applicant shall obtain and comply with all permits ' required by the DNR, Watershed District and Office of the Carver County Engineer. ' 16. The applicant's engineer shall provide the City Engineer with calculations verifying the storm sewer, watermain and sanitary sewer pipe sizing. 17. At intersections where the street grades exceed 3%, a landing zone with a street grade of 3% or less for a minimum distance ' of 200 feet shall be used. 18. After grading, all disturbed areas shall immediately be seeded and mulched to prevent erosion. All slopes greater than 3 to ' 1 will need to be stabilized with wood fiber blankets or equivalent. 19. Type II erosion control shall be added along the proposed silt fence adjacent to sediment basin and ravine areas. ' 20. All street and utility improvements shall conform to the City's standards for urban construction. Construction plans and specifications shall be submitted to the City Engineer for review and approval. II 9-90 Page 12 . II 545.61 16312.4845 .374483 II T #168 PERIMETER SO FT ACRES I 545.61 15390.4792 .353317 T #169 PERIMETER SO FT ACRES II 550.67 15191 .0998 .34874 1 *170 I II PERIMETER SO FT ACRES 547.54 15243.2669 .349937 i ET *171 PERIMETER SO FT ACRES 528.34 14953. 1795 .343278 I ET *172 PERIMETER SO FT ACRES 501 .97 14251 . 1347 .327161 II .ET *173 PERIMETER SO FT ACRES II 4 99.77 14155.9795 .724977 ,ET #174 PERIMETER SO FT ACRES I 503.47 13998.6984 .321366 'ET #175 PERIMETER SO FT ACRES ' II 495.07 13072.3699 .3001 ;ET *176 II PERIMETER SO FT ACRES 495.98 13498.4376 .309881 II=ET *177 PERIMETER SO FT ACRES II 495.98 13498.4378 .309881 SET *178 PERIMETER SO FT ACRES I 526.28 13899. 1394 .31908 TOTAL FOR SETS 20 THRU 178 PERIMETER SO FT ACRES I 0.00 2.3266234189E+6 53.411924 . II II I if CITY OF i 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 tP b (612) 937-1900 • FAX (612) 937-5739 Action by Gi'y` A.Mmfaist`Utor MEMORANDUM Moil TO: Gary Warren, City Engineer rrt. FROM: Dave Hempel , Sr. Engineering Technician , ' . Dete Suhmittrc to Wendt DATE: August 9 , 1990 - i SUBJ: Approve Development Contract for Lake Susan Hills West 4th Addition - Project No. 90-14 (pvt) The attached development contract reflects the conditions and ' stipulations of approval contained in the preliminary and final plat review process . Therefore, it is recommended that the City Council approve the attached development contract for Lake Susan Hills West 4th Addition with the following condition: 1 . The developer shall submit to the City Engineer for review and City Council approval construction plans and ' specifications for the installation of the public improvements for Lake Susan Hills West 4th Addition. ktm Attachment: Development Contract 0`, C!,=0 ENc NEERING COPY R c:eived ' c: Brian Olsen, Argus Development Rvv,y4on No. ..- Approved by City Engin ry � Date a Approved by City Council 1 i I 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 I . CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) LAKE SUSAN HILLS WEST 4TH ADDITION ' SPECIAL PROVISIONS AGREEMENT dated August 13 , 1990, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, ( the 11 "City" ) , and Argus Development, Inc. , a Minnesota corporation, (the "Developer" ) . ' i. Request for Plat Approval. The Developer has asked the City to approve a plat for LAKE SUSAN HILLS WEST 4TH ADDITION ( referred to in this Contract as the "plat" ) . The land is legally described on the attached Exhibit "A" . ' 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. 3 . Development Plans. The plat shall be developed in ' accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval , after entering the Contract, but before commencement of any work in the plat. ' If the plans vary from the written terms of this Contract, the written terms shall control . The plans are: ' Plan A--Plat approved by City Council on August 13 1990, prepared by Pioneer Engineering ' Plan B--Grading, Drainage, and Erosion Control Plan dated July 23 , 1990, revised , 1990, prepared by Pioneer Engineering ' Plan C--Plans and Specifications for Improvements approved by City Council August 27 , 1990, prepared by Pioneer Engineering SP-1 4. Improvements. The Developer shall install and pay I for the following: A. Sanitary Sewer System , B. Water System C. Storm Water Drainage System D . Streets E. Concrete Curb and Gutter F. Street Signs G. Street Lights H. Site Grading I . Underground Utilities (e.g. gas, electric, telephone, CATV) J . Setting of Lot and Block Monuments K. Surveying and Staking L. Right Turn Lane (C. R. 17) M. Trails/Sidewalk • 5 . Time of Performance. The Developer shall install all required improvements by November 30, 1991. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. t 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements and construction of all public improvements , the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ( "Security" ) for $569 , 033 . 30. The amount of the security was calculated as 110% of the following: Sanitary sewer $ 116,388 .00 Watermain $ 80,190 .00 On-site storm sewer $ 83,482. 00 Streets $ 167,034 . 00 Street lights and signs $ 1,000. 00 Erosion Control $ 12 , 000 .00 Engineering, surveying, and inspection $ 44 ,709.00 ' Landscaping $ 7,500.00 Right Turn Lane on C.R. 17 $ 5 , 000. 00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 517,303.00 ' This breakdown is for historical reference; it is not a restric- tion on the use of the security. The security shall be subject to the approval of the City. The security shall be for a term ending December 31, 1991. The City may draw down the security, without notice, for any violation of the terms of the Contract. If the required public improvements are not completed at least thirty ( 30 ) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the SP-2 ' II security may be reduced from time to time as financial obliga- tions are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until all improvements are complete and accepted by the City. 7. Notices. Required notices to the Developer shall ' be in writing, and shall be either hand-delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address : ' Argus Development, Incorporated Attn: Joseph Miller, President 18133 Cedar Avenue ' Farmington, Minnesota 55024 Telephone: ( 612) 431-2001 ' Notices to the City shall be in writing and shall be either hand- delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address : Chanhassen City Hall 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Telephone: ( 612) 937-1900 8. Other Special Conditions. ' A. All streets that are proposed for future con- nection shall be provided with a turnaround which meets city standards with a barricade and signage stating that it is a tem- porary cul-de-sac and will be a future road connection. B. The applicant shall provide one tree per lot and additional landscaping along the entrances and boulevards as part of the PUD approval and the developer shall provide $150 per lot for landscaping. C. The applicant shall provide a plan illustrating large areas of mature vegetation located on the site. Areas of mature vegetation not impacted by streets or building pads shall ' be preserved with tree removal plans required as part of the building permits. D. The applicant shall provide a registered engi- neer' s report on soils, footings and structural design and a registered engineer' s grading and drainage plan for the City Engineer and Building Department approval prior to issuance of a ' building permit on Lots 11 and 13, Block 4. E. All of the access points to the parkland bet- ween single family lots shall either be paved and signed that ' they are public access points. ' SP-3 F. Trails/Sidewalks: The developer shall be I required to provide trails/sidewalks as follows : 1 . Five foot wide concrete sidewalks shall be constructed along thru streets as shown on the attached plan. Sidewalks shall be completed at the time street improvements are constructed. 2 . A 20 foot wide trail easement along the west side of Powers Boulevard shall be , dedicated for future trail purposes . 3 . The above trails/sidewalks satisfy the City' s trail dedication requirements and therefore, no trail fee shall be charged. G. The applicant will be required to pay 50% of ' park dedication fees . There will be no trail fee required. H. The applicant shall obtain and comply with all permits required by the DNR, Watershed District and Office of the Carver Country Engineer. I . After grading, all disturbed areas shall imme- ' diately be seeded and mulched to prevent erosion. All slopes greater than 3 to 1 will need to be stabilized with wood fiber blankets or equivalent and Type III erosion control. J . All street and utility improvements shall con- form to the City' s standards for urban construction. Construction plans and specifications shall be submitted to the City Engineer for review and approval. K. The park area shall be graded as part of this phase and shall be consistent with the park plan being developed by VanDoren-Hazard-Stallings. The developer, at it' s sole cost, shall grade the park areas in accordance with a timetable and plans to be furnished by the City. The City will develop park plans when the final park boundaries have been determined. L. Grading along the plat boundaries shall be com- ' patible with adjacent properties and existing off-site drainage patterns . M. Truck hauling in and out of the site shall be limited to the proposed Lake Susan Hills Drive access off of Powers Boulevard (Country Road 17) at the south end of the project. N. The applicant shall submit the 4th Addition final street and utility plans and specifications for staff review and City Council approval. SP-4 1 II CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor ( SEAL) II - BY: Don Ashworth, City Manager DEVELOPER: ' BY: Its STATE OF MINNESOTA ) ss. ' COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ' day of , 19 , by Donald J. Chmiel, Mayor, and by Don Ashworth, 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 ) ' COUNTY OF ) ss.) The foregoing instrument was acknowledged before me this ' day of , 19 , by Notary Public ' SP-5 CONSENT I , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the sub- ject property owned by them. Dated this day of , 19 1 1 1 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by Notary Public • 1 1 1 1 1 1 1 1 SP-6 1 .1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT ' (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS ' 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees , construct sewer lines , water lines, streets, ' utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agree- ment has been fully-executed by both parties and filed with the ' City Clerk, 2 ) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder' s Office of the County where the plat is located, and 4 ) the City Engineer has issued a written letter that the foregoing con- ditions have been satisfied and then the Developer may proceed. • 2. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. 3. Effect of Subdivision Approval. For two ( 2) years 1 from the date of this Contract, no amendments to the City' s Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to ' or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer . Thereafter , notwithstanding anything in this Contract Ito the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls , platting or dedication requirements enacted after the date of this Contract. 4. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in Approved by the City Council on ' 2/22/88. REVISED 8/8/88 - 19Q, R and S Added. REVISED 9/20/88 - 19I Revised. REVISED 3/22/89 - 12 and 17 Revised. REVISED 4/20/89 - 19T and U Added. REVISED 6/12/89 - 6 Revised. REVISED 8/8/89 - 15 Revised. ' REVISED 4/3/90 - 11 and 191 Revised. REVISED 5/10/90 - 19T Revised. GC-1 II accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Waste Control Commission and other agencies before proceeding with construction. The City will , at the Developer ' s expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall instruct its engineer to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer 's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff , to review the program for the construction work. Within sixty (60 ) days after the completion of the improvements and before the security is released, the Developer shall supply the city with the following: (1) a complete set of reproducible Mylar as-built plans , (2) two complete sets of blue line as-built plans, ( 3 ) two complete sets of utility tie sheets, ( 4 ) location of buried fabric used for soil stabilization , ( 5) location stationing of all utility stubs, ( 6) bench mark network, and ( 7) a 200 scale and a 500 scale reproducible mylar copy of the plat. 5. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. ' 6. Site Erosion Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does , not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City' s rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of GC-2 11 II the City, there is no longer a need for erosion control, the City will remove the erosion control measures. Before the City signs the final plat, the Developer shall pay the City a fee of $1 .00 ' per foot of erosion control that is required to be constructed in accordance with the erosion control plan for the plat, Plan B, to cover the City ' s cost for removal . 7. Clean Up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including all blowables, from streets and the ' surrounding area that has resulted from construction work by the Developer, its agents or assigns. ' 4 8. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construc- tion required by this contract, the improvements lying within ' public easements shall become City property. After completion of the improvements , a representative of the contractor , and a representative of the Developer 's engineer will make a final inspection of the work with the City Engineer. Before the City ' accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his ' engineer shall submit a written statement attesting to same with appropriate contractor waivers. Final acceptance of the public improvements shall be by City Council resolution. 9. Claims. In the event that the City receives claims from labor , materialmen , or others that work required by this Contract has been performed, the sums due them have not been ' paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90 ) days before ' the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts , to draw upon the letters of credit in an amount ' up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further pro- ceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdic- tion to determine attorneys ' fees. 10. Park and Trail Dedication. Prior to the issuance of building permits for residential construction within the plat, the Developer, its successors or assigns, shall pay to the City ' the park and trail dedication fees then in force pursuant to Chanhassen City Ordinances and City Council resolutions. ' 11. Landscaping. Unless the lot already has one tree in the front yard of suitable species , the Developer or lot purchaser shall plant a tree in the front yard of every lot in the plat. Suitable trees include: ' GC-3 Maples Honeylocust Ash Ginko (male only) Linden Hackberry Basswood Kentucky Coffee Tree Green Ash Oak Birch Other species of trees may be approved by the building inspector . Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half ( 2i ) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line) . In addition to any sod required as a part of the Erosion Control Plan (Plan B) , the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a Certificate of Occupancy is requested, a financial guarantee in the form of cash or letter of credit shall be provided to the City. Improvements are to be completed during the first growing season after issuance of the Certificate of Occupancy. After satisfactory inspection, the financial guarantee shall be returned. The City has established the financial guarantee at $1 ,000 ; however, this may be increased annually based upon cost. These requirements supplement but do not replace specific landscaping conditions that may have been required by the City Council for project approval. 12. Warranty. The Developer warrants all work required ' to be performed by it against poor material and faulty work- manship for period of two ( 2) years after its completion and acceptance by the City. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12 ) months from the time of planting. The Developer or his contractor (s ) shall post maintenance bonds (Miller-Davis Company form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 13. Lot Plans. Prior to the issuance of building per- mits an acceptable Grading, Drainage, Erosion Control, and Tree Removal Plan shall be submitted for each lot as required in the ' Special Provisions, for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with City Ordinance. U 14. Existing Assessments. Any existing assessments against the plat will be respread against the plat in accordance with City standards . 15. Street Lighting. The Developer shall have installed and pay for street lights in accordance with City standards. A plan shall be submitted for the City Engineer 's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $200.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity for each light for twenty (20 ) months. GC-4 I • II . 16. Street Signs. All street name and traffic signs required by the City as a part of the public improvements shall ' be furnished and installed by the City at the sole expense of the Developer. 17. Responsibility for Costs. ' A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. ' This fee is to cover the cost of City staff time and overhead for items such as review of construction documents , preparation of the Development Contract, monitoring construction progress , pro- cessing pay requests , processing security reductions and final ' acceptance of improvements . This fee does not cover the City 's cost for resident construction inspections . The fee shall be calculated as follows: ' i ) if the cost of the construction of public improvements is less than $500 ,000, three percent ( 3%) of ' construction costs; ii ) if the cost of the construction of public improvements is between $500 ,000 and $1 ,000 ,000 , three percent ( 3%) ' of construction costs for the first $500 ,000 and two percent ( 2%) of construction costs over $500 ,000; ' iii ) if the cost of the construction of public improvements is over $1 ,000 ,000 , two and one-half percent (2}%) of construction costs for •the first $1 ,000 ,000 and one and lone-half percent (l}%) of construction costs over $1 ,000, 000 . Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After ' construction is completed, the final fee shall be determined based upon actual construction costs . The cost of public impro- vements is defined in paragraph 6 of the Special Provisions. ' B. In addition to the administrative fee, the Developer shall reimburse the City for all out-of-pocket costs incurred by the City for providing resident construction inspections . ' This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 17E of this agreement. ' C. The Developer shall hold the City and its offi- cers and employees harmless from claims made by itself and third ' parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such ' claims, including attorneys ' fees. D. In addition to the administrative fee, the ' Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorney' s fees. 11 GC-5 E. The Developer shall pay in full all bills sub- mitted to it by the City for obligations incurred under this Contract within thirty (30 ) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full . Bills not paid within thirty (30 ) days shall accrue interest at the rate of 8% per year . F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC") , City water connection charges, City sewer connection charges, and building permit fees.' 18. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four ( 4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 19. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30 ) days following the acceptance of the public improvements unless other- wise approved by the City Engineer. B. Postal Service. The Developer shall provide , for the maintenance of postal service in accordance with the local Postmaster ' s request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. D. Breach of Contract. Beach of the terms of this Contract by the Developer shall be grounds for denial of building permits , including lots sold to third parties. , E. Severability. If any portion, section, _subsec- tion, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Delays. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all resulting liability and costs from delays GC-6 1 I , in completion of public improvements and damage to public im- provements caused by the City, Developer, its contractors, sub- contractors, materialmen, employees, agents, or third parties. G. Occupancy. Unless approved in writing by the City engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface. ' H. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the ' provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City' s failure to promptly take legal action to enforce this Contract shall not be ' a waiver or release . I. Release. This Contract shall run with the land ' and shall be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer 's request the City Manager will issue ' a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make written request for a certificate applicable to an individual lot allowing a minimum of ten (10 ) days for processing. ' J. Insurance. Developer shall take out and main- tain until six ( 6) months after the City has accepted the public improvements , public liability and property damage insurance covering personal injury, including death, and claims for pro- perty 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 and death shall be not less than $500 ,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than ' $200 ,000 for each occurrence; or a combination single limit policy of $1 ,000 ,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file ' with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10 ) days advance written notice of the can- cellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. K. Remedies. Each right,power or remedy herein ' conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or ' under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 11 GC-7 • IL L. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer 's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. M. Construction Hours. Construction equipment may i only be operated in the plat between 7 :00 a.m. and 6:00 p.m. , Monday through Saturday. Operation of construction equipment is also prohibited on the following holidays: New Year 's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve Day,, and Christmas Day. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the respon- sibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. 0. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the subdivision are accepted by the City . Warning signs shall be placed by the Developer when hazards develop in streets to pre- vent the public from traveling on same and directing attention to detours . If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets . The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing ser- vice does not constitute final acceptance of the streets by the City. P. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unac- ceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. Q. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. R. Compliance with Laws , Ordinances and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1 GC-8 i II • 1 . City of Chanhassen; 2 . State of Minnesota, its agencies , departments and ' commissions; 3. United States Army Corps of Engineers; 4 . Watershed District(s) ; 5 . Metropolitan Government, its agencies, departments and commissions . S. Proof of Title. Upon request, the Developer ' shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. ' T. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for ' construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the ' City . U. Soil Correction. The Developer shall be I . responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. - - - END OF GENERAL CONDITIONS - - - II 1 GC-9 II 1 I 1 1 1 I I 1 I 1 1 1 1 1 1 1