1e1,2 & 3. Vineland Forest Addition, Final Plat, Plans & Specs & Dev Contract I ei
I
CITY OF /e -/
,______
1
.,,,/1 _..„ . CHANHASSEN
• T „ .
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900 • FAX (612) 937-5739 act" '`G
V Er.,, ✓ �
I MEMORANDUM �:,:. i
Raja
TO: Don Ashworth, City Manager Da±�� /�Y/dt w
24 pate SubrnItL i_ Jn
I FROM: Paul Krauss , Planning Director �� __
Datc c_.;-.Itif_ nHt
DATE: December 13, 1989 ____/2/ 22
ISUBJ: Final Plat Approval for the Vineland Forest Subdivision
and Approval of Development Contract
IGENERAL COMMENTS
IOn November 6, 1989, the City Council approved the preliminary
plat for the Vineland Forest subdivision. The plat will create
21 single family lots on an 11.5 acre parcel. Primary access
I will be provided via a northerly extension of Nez Perce Drive
designed in a manner that will result in its eventual linkage to
Pleasant View Road at Peaceful Lane. Two variances were also
1 approved including a variance to allow a 10% grade on Nez Perce
Drive and a second to allow 30 ft. of frontage on Lot 2, Block 3 .
The applicant is currently requesting final plat approval.
I In keeping with City ordinances, the proposed final plat is a
refinement of the preliminary plat. Many of the conditions of
preliminary plat approval have been incorporated into the final
1 plat as well.
TREE PRESERVATION
I Tree preservation has been a major issue throughout the review of
this project. Staff met with Allan Olson, the MnDNR Forester, at
the site. He concluded that the 30 inch oak tree on Lot 11,
I Block 2 was not worth saving for two reasons. The tree is so
large that the root system is bound to be disturbed by any
construction in the vicinity. In addition, he noted that the
I tree contains a large crack that has resulted in extensive rot.
The tree' s health is thus questionable and it may split during
high winds. Staff worked with the applicant' s engineer and the
plans have been revised. By slightly shifting Vineland Court to
I the south most remaining major trees on the site can be
preserved. Boulder retaining walls are shown in two lcoations to
minimize grading around the trees. Staff supports their use, but
I
II
II
Mr. Don Ashworth
II December 13, 1989
Page 2
Iis concerned that the walls are proposed in the public right-of-
way. We are proposing that the western 20 inch maple along the
north side of Vineland Court be removed. This will allow the
I elimination of the retaining wall, but more importantly the MnDNR
Forester indicated that the tree was in poor condition.
Prevailing grades make its preservation even more difficult.
I Attempts will be made to save the 30 inch maple located imme-
diately to the east. Trees being saved are illustrated on an
attached map.
I Staff is generally satisfied with tree preservation efforts sub-
ject to the following conditions:
1 . All trees and tree stands designated for preservation shall
be surrounded by snow fence prior to the start of grading.
Protected trees lost due to grading shall be replaced by
Isuitably sized material approved by staff.
2 . A professional tree trimmer should be called in to trim
designated major trees on Lots 2 , 10 and 11, Block 1 and to
I trim back crowns to better withstand construction activity.
This recommendation was made by the MnDNR Forester.
I 3 . The storm sewer outlet on Lots 5 and 6 , Block 1 shall be
situated to avoid loss of major trees if possible. The
impacted area shall be reforested with materials acceptable
to staff.
II4 . The "borrow areas" illustrated on Lots 8 and 9, Block 2
shall be situated to avoid any need for tree removal.
I5. Tree preservation plans are required prior to issuance of
building permits on Lots 2, 10 and 11, Block 1.
I6 . Post a $10, 000 financial guarantee with the Development
Contract to insure compliance with these requirements.
ILOT DIMENSIONS
Staff has reviewed the final plat to insure that lot dimensions
l are consistent with the preliminary plat approval. Minor changes
in lot area and dimension result from final plan refinements and
from tree preservation efforts. RSF standards continue to be met
Iconsistent with preliminary approval.
UTILITIES/GRADING/DRAINAGE
II Final utility, grading and drainage plans have been submitted and
are generally acceptable. Final plans and specs are being
reviewed concurrently. We note that the sanitary sewer line in
I Vineland Court were shifted to the south side to protect trees
along the sheet.
il
11
Mr. Don Ashworth
December 13, 1989
Page 3
The size of the pond on Lots 1, 2, 3 and 4 , Block 2 has been
reduced and the pond shifted to the west as previously requested.
In addition, the pond is now more shallow. It will have a
standing water depth of only 4 ft. with 6 :1 side slopes providing
a gentle bank. The skimmer device on the outlet still needs to be
provided. Staff has established minimum basement elevations on
homes that front onto the retention pond and those that we
located near a catch basin inlet that intercepts water flowing
onto the site from the west. The purpose in establishing minimum
basement elevations is to insure that the homes not suffer flood
damage at times of peak flow.
Erosion control measures are acceptable. Plans call for
creating stockpile areas for black dirt and a borrow area for
site grading. Staff believes that these are acceptable so long
as they are cited to avoid tree damage, and removal prior to
requesting certificates of occupancy on the lots on which they
are located and erosion control is maintained until the sites are
restored.
EASEMENTS
Most of the required easements are illustrated on the final plat.
Outlot B is to be conveyed to the City for access and utility
purposes. There are several remaining easements which must be
conveyed as follows:
1. Temporary easement over the Nez Perce temporary cul-de-sac.
This will be vacated at such time that Nez Perce is extended.
2. Right-of-way easement over Lot 8, Block 2, Carver Beach
Estates along with any other grading and construction ease-
ments that may be required to construct the street connection
to Lake Lucy road.
3. Such easements as may be required to connect the storm sewer '
outlet into the Fox Path system.
VACATION OF LAKE LUCY ROAD RIGHT-OF-WAY
Staff anticipates recommending the vacation of unused Lake Lucy
Road right-of-way located south of the Vineland Forest plat. Due
to legal notice requirements we will be unable to bring the vaca-
tion before the City Council until January. The vacation has no
direct impact on the Vineland plat but will ultimately result in
the enlargement of several lots in the area.
SUMMARY
The Vineland Forest plat hs been subjected to a continued process
of review and refinement. The current final plat request is, in
our opinion, consistent with prior approvals and City standards.
11
I
Mr. Don Ashworth
December 13 , 1989
Page 4
STAFF RECOMMENDATION
Staff recommends that the final plat of Vineland Forest be
approved subject to the following conditions :
1. Applicant entering into a Development Contract with the City.
2 . The Developer shall submit for approval by the City
Engineer detailed construction plans and specifications,
' including calculations for sizing utility improvements. All
construction shall be in accordance with MnDOT specifications
except where modified by the City' s standard specifications.
As-built mylar plans will also be required upon completion of
construction.
3 . The Developer shall obtain and comply with all requirements
' of the Watershed District approval.
4 . Nez Perce Drive.
a. Nez Perce Drive shall be paved up to the western property
line. A temporary cul-de-sac ( 42-foot radius) shall be
constructed until such time as the roadway is extended. -
At that time, the temporary cul-de-sac will be removed.
A barrier shall be erected at the end of the paved right-
of-way. A sign indicating that "THIS STREET WILL BE
EXTENDED IN THE FUTURE" will be erected upon the barrier.
b. The Developer shall file a notice in the chain-of-title
' of each lot notifying each owner that Nez Perce Drive is
to be extended in the future.
5 . The Developer shall dedicate Outlot B to the City for access
and utility purposes.
6 . Tree Preservation.
a. All trees and tree stands designated for preservation
shall be surrounded by snow fence prior to the start of
grading. Identification of preservation areas is subject
to approval by City staff.
b. Mature trees in impacted areas shall be pruned by a pro-
fessional.
c. The storm sewer outlet on Lots 5 and 6 , Block 1 shall be
' located to avoid impacting mature trees to the greatest
possible extent. A reforestation plan shall be prepared
and implemented subject to staff approval.
I
11
Mr. Don Ashworth
December 13, 1989
Page 5
d. Borrow and dirt storage areas shall be situated in areas
devoid of tree cover.
e. Tree preservation plans are required prior to issuance of '
building permits on Lots 2, 10 and 11, Block 1.
7 . The Developer shall provide a temporary road easement over
the temporary cul-de-sac at the end of Nez Perce Drive. The
easement will be vacated whenever the street is extended.
8 . The Developer shall provide drainage and utility easements ,
over all storm water retention areas, access to these areas
for City crews and over storm sewers.
9 . The Developer shall provide a right-of-way easement over Lot
8 , Block 2, Carver Beach Estates and such grading easements
as may be required. '
10. The Developer shall provide a temporary grading easement over
property located east of Nez Perce Drive near Lake Lucy Road
as necessary.
11. The Developer shall provide a comprehensive erosion control
plan for the project. Type III erosion control is to be
outlined as required. All disturbed areas shall be seeded
and mulched immediately upon completion of rough grading
activity. '
12. The City Council shall review the vacation of the unused Lake
Lucy Road right-of-way concurrently with final plat approval.
13 . The lowest floor elevation for buildings on Lots 4 and 5,
Block 2 shall be at a minimum of 1002. 00.
14. The lowest floor elevation for buildings on Lots 4 and 5,
Block 1 shall be at a minimum of 1011.5.
15. All topsoil stockpile areas shall be provided with erosion '
control measures, seeded to prevent wind erosion and shall be
removed prior to the issuance of certificate of occupancies
for the lots on which they are located.
1
11
CITY OF
CHANHASSEN
‘ ,
tu. . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Paul Krauss, Planning Director
FROM: Dave Hempel , Sr. Engineering Technician .(. '"
1
DATE: December 13 , 1989
1 SUBJ: Final Plat Review for Vineland Forest Addition
File No. 89-13 Land Use Review
Upon review of the final plat submitted by the applicant, pre-
pared by Merila & Associates dated December 1, 1989 , I find the
' plat to be generally in conformance with the conditions set forth
by Council and staff for final approval. I have outlined some
additional conditions that should be incorporated into final plat
1 approval.
It is therefore recommended that the City Council approve the
final plat for Vineland Forest Addition as shown on the plat
' dated December 1, 1989 , prepared by Merila & Associates with the
following conditions:
1 1 . The applicant shall provide a right-of-way easement to the
City over Lot 8 , Block 2, Carver Beach Estates .
2 . The applicant shall provide the City with any necessary
grading or construction easements outside the plat.
3 . The applicant shall provide the City two mylar copies of the
1 plat; one copy at 1" = 500 ' and the other at 1" = 200 ' .
4. The applicant shall convey Outlot B to the City.
c: Gary Warren, City Engineer
1
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I ® TREEs -ro 1- f_. Sil v eli)
I
City Council Meeting - November 6, 1989 1
I
Gary Warren: Oh. Sane bottom line but that's...
Councilman Workman: Is that how slush funds start? '
Gary Warren: Not unless you direct it. Thank you. We'll correct that.
Councilman Johnson: Does that total now?
Councilman Workman: Yeah. Now it does. 1
Resolution #89-118: Councilman Workman moved, .Councilwoman Dinder seconded to
adopt the Assessment Roll for Church Road Sanitary Sewer Improvement Project No.
87-5 with the correction noted for Lot C. All voted in favor and the motion
carried.
PRELIMINARY PLAT TO SUBDIVIDE 9.5 ACRES INTO 18 SINGLE FAMILY LOTS LOCATED SOUTH
OF PLEASANT VIEW ROAD AND EAST OF POWERS BOULEVARD, VAN EECKHOUT BUILDING
CORPORATION (VINELAND FOREST) .
Paul Krauss: As you're aware, the City Council's reviewed this item on several
occasions in the past. Access considerations have been one of the primary
issues that were surrounding this parcel. The primary issue culminating in the
acceptance of an overall access plan that would have served the site by creating
a thru street running from Lake Lucy Road and Nez Perce up to Peaceful Lane
eventually emptying out onto Pleasant View. The access issues have been largely
resolved. The applicant managed to acquire a parcel located up here at the
intersection of Lake Lucy Road which was a concern at the last meeting. That
parcel was needed to provide sufficient right-of-way to build a street. That
lot would be reduced in size slightly to accommodate the street but it can be
done without causing a variance. We're also recommending that the unused
portion of right-of-way up in this area be vacated which would have the effect
of enlarging that lot as well. Drainage issues have also largely been resolved.
The 3 small ponds that were previously illustrated have been deleted in favor of
a single larger pond located in the northeast corner of the property. The pond
can be acccvmodated without impacting the building site which the former
arrangement would have and it would also be easier to maintain from the City and
Watershed District standpoint. Staff is comfortable with the concept of the
pond but has recommended that modifications be made in it's location and design
that would be intended to improve tree preservation. Additional data has been
provided on tree locations and conditions have been recommended to improve
preservation efforts. As noted in the last meeting, there continues to be 2
variances associated with this proposal. The first is to allow for a 10% grade
on the new street near Lake Lucy Road. Staff supports this variance primarily
due to environmental considerations. Lowering the road grade would require the
grading of a more substantially larger area which results in additional tree
loss. We believe that the road design being proposed can safely accommodate the
traffic that we anticipate having on it and environmental concerns as well and
are recommending that the variance be approved. The second variance is to allow
only 30 feet of frontage on Lot 2, Block 3 which is a neck lot accessed by
Pleasant View Road. Staff supports this variance as well. We note that the lot
complies with all RSF district standards say for lot frontage in that the lot I
9
i
City Council Meeting - November 6, 1989
11 would be accessed by a private drive. As we've noted in past meetings, the
subdivision ordinance allows lots to be accessed by private drives although it
does require a variance in the RSF district. Furthermore, we note that the
variance that's being introduced on this project stems not from the developer's
desires but rather from the City's in terms of where we intended to place the
road alignment. To adequately serve this site and the adjoining sites, it's
necessary that that road aligrnient be held to the south which makes it
impossible to provide adequate frontage onto that lot. Based upon the
foregoing, staff is recommending approval of the plat with the two variances
subject to appropriate conditions.
Mayor Chmiel: Is Mr. Van Eeckhout here? I don't see him. O Is there any
further discussion by Council? Okay.
1 Councilman Boyt: Sure. I'd like to see a map of the proposal as it stands. As
I understand, we don't have one.
IPaul Krauss: A map of the proposal as it stands in what way?
Councilman Boyt: This is it?
IIPaul Krauss: That's the lower half of it Councilman Boyt. Basically what
you've got is two separate plan sheets. The one that you've got there is an
updated one that only pertained to the south end of the property since that's
II where the road realignment was and the ponding configuration. The other sheet
was provided in the last packet and that is this one here. It was so large that
it didn't fit on, it had to be put on two sheets. They're of a different scale.
I Basically though if you can take, it doesn't really line up that well but on
this sheet here, that shows generally how that layout occurs. ,i
Councilman Boyt: You're talking about the, how wide is it? It's in here
1 somewhere. That extension off of Pleasant View. 16 feet wide, is that what
you're talking about?
IPaul Krauss: The extension off of Pleasant View right here is 30 feet.
Councilman Boyt: Well I don't think we've got an accurate plat map of what's
being proposed. In the first place I think that it's off is in the holding
pond. I don't think that's accurately reflected because the one I've got is 8
feet deep and I know that's not the current plan.
II Paul Krauss: Councilman Boyt, this is the current plan. This is a reduction of
the one that you have before you. That pond is 8 feet deep at this point and
we've recam►ended modifications that will shallow that up.
IICouncilman Boyt: Okay, well I want to see the plat drawn the way it's going to
end up and my first one concern is of course the pond. I don't want a permanent
I pond 8 feet deep created in somebody's backyard. The other thing is, this
shows a road going through a 30 inch maple tree, a 20 inch maple tree. It shows
a proposed housing site on top of a 30 inch oak tree. I'm not prepared to
accept that so there's something wrong with this layout if we're putting it
through a 30 inch maple tree.
Paul Krauss: If I could respond to a couple of those things. We did note the
' 10
I
City Council Meeting - November 6, 1989 1
location of the road relative to the trees and think that the plan can be
modified to save those 2 trees which occur right in this area here. We've
recommended a condition that would do just that. I'd also have to add that this
is a preliminary plat and that these refinements we intend to have introduced
prior to final platting.
Councilman Boyt: Well I'm glad you're doing that but I guess I'm pointing out,
I know the staff report was sensitive to some of these issues but when I look at
Block 3, Lot 11 and see what I can only imagine to be the proposed areas of
housing sitting on top of a 30 inch oak tree, that's just not going to work. '
Paul Krauss: Councilman Boyt, those are illustrative building pads. That is
not to infer that the house would look exactly like that or be placed in that
area.
Councilman Boyt: The oak tree's right dead in the center of it Paul.
Mayor Chmiel: The 30 inch oak is yeah, what he's saying.
Councilman Boyt: That 30 inch oak tree is probably 200 years old. Well, in my '
opinion they're not going to cut it down. That's just me but I'm saying that
it's 200 years old, it deserves to live a while longer and I'm sure not going to
let a house come in there and arbitrarily lay out a piece of property so they
cut it down.
Mayor Qmiel: I sort of agree with you Bill but also the property owner, if he
wants to develop that property and put a house on there, is he going to reshift
the entirety of the plat in order to accommodate that?
Councilman Boyt: It's not an easy issue. I don't reach a knee jerk conclusion
here. I'm saying that we've got a fairly sizeable piece of property and this
piece of property has some unique trees on it.
Mayor Qmiel: I agree. '
Councilman Boyt: And so we ought to take every possible opportunity to save a
tree that's 30 inches in diameter. That's all our lifetimes added up and we
don't probably accumulate the number of years that tree's been sitting there.
So I think that's a serious issue. I think that the public wants landmark trees
protected and a 30 inch oak tree looks to me like a landmark tree.
Councilman Workman: Paul, when we're talking about this 10% grade, are we
talking about it on Vineland Court?
Paul Krauss: No. It's on the street that he's identified as Vineland Drive.
It occurs right in this section here.
Councilman Workman: Right as it comes up to Lake Lucy Road? '
Paul Krauss: Yes.
Councilman Workman: And we've also got one on Vineland Court don't we?
Paul Krauss: No. Vineland Court met the 7% standard. ,
11
IICity Council Meeting - November 6, 1989
Councilman Workman: It comes close but not close eno ug h
II Paul Krauss: I also have to add that in accepting the 10% grade, we insisted
that it be designed to have a landing area at the top, at the intersection so
you're not approaching the intersection on an angle but rather on a flat. So
Ithe grade is introduced after you're moving away from that intersection.
Councilman Workman: Didn't we originally, wasn't the original proposal for 1
pond and then staff recommended 3 ponds and now we're back to 1?
IPaul Krauss: No. I believe the last one was 3. There was a pond right in
behind those homes over there. I believe there was a smaller, I'm not sure
II where the third one was but one of the, the third one was in the ravine. There
was a dam proposed in that ravine that raised sane issues for us. Do you recall
where the third one was?
II Dave Hempel: Yes. It was just north of Lot 8, Block 2 in the backyard there. I
believe it's Lot 5, Block 1.
ICouncilman Workman: But did we go from 1 to 3 and now we've decided on 1?
Paul Krauss: No, we went from 3 to 1. We were concerned with the 3 ponds that
they had proposed at the last meetin The
II
g. ponds intruded severely into the
backyards of these haves with the result that there would have been a 'drainage
easement as you come out the back door and they couldn't have built decks on 11
then. Having 3 small ponds also raises same significant maintenance and I i
1 function problems in terms of maintaining water storage that we need. 1
Councilwoman Dimler: I guess I just want to ask Paul to put my fears to rest
Iabout that 10% grade in the wintertime. Getting up and down, is that going to
be a problem?
IIPaul Krauss: We don't think so the way it's been designed but I guess I'd leave
that to the engineering department to expand on.
Gary Warren: We have unfortunately several examples of that. Near Mountain,
II the next phase is built with the understanding that it's going to be a 10%
grade. Lake Riley Meadows I believe is a 10% grade. A lot of the roads in
Carver Beach are close to that. We'd prefer not to have to go to that but I
IIwould say realistically we have ranged from a half a percent grade up to 10% as
reasonable.
IICouncilwoman Dimler: No accidents? No problems?
Gary Warren: Well even a 1% grade can be a problem if le don't t use care
during hazardous conditions but it's still manageable from our maintenance
Istandpoint.
Councilman Johnson: Tom brought up a real good point. How are we going to
Imaintain that pond back there? Having that pond kind of in everybody's back
yard, if we have to go in to do maintenance, we've got to go through yards
similar to what we did in Near Mountain to go in and maintain in the winter.
II
12
II
City Council Meeting - November 6, 1989 1
. II
Dave Hempel: Councilman Johnson, we are requesting a 20 foot wide utility and
drainage easement between Lots 4 and 5. Between Vineland Court and the pond to '
gain access with our vehicles.
Councilman Johnson: Right where the storm sewer goes thru? 11 Dave Hempel: That's correct.
Councilman Johnson: I have concern also on that one lot. A good builder might
be able to work around those trees. The building pad is not shown as, it shows
a 3,700 square foot building pad there. I guess I'm not very near the mic today
but he's oh, 75 foot from the back lot line and they've rearrange microphones
here. Quite easily he could build further to the one side of that lot and with
some care maybe save that 30 inch oak but at least those 2-18 inch oaks could be
saved without any trouble. That's a big lot. If we don't have a full set of
drawings here, we don't know what the size of the lot is but I would venture to
say, do you have those lot sizes anywhere?
Councilman Boyt: We've got a scale here. I don't think it's all that big Jay.
Paul Krauss: It's 18,700 square feet.
Councilman Johnson: With the existing homes and access and everything else in
there and the topography, there's not much else to do other than not put a house
on that lot. That doesn't make a lot of sense either. I don't know how to
resolve that issue. I
Councilman Boyt: I think the way to resolve that issue is have than came up
with a building pad that doesn't knock out those ancient trees.
Councilman Johnson: How big is Lot 12 and 13?
Paul Krauss: 12 is 15,750 and 13 is 15,000. 1
Councilman Johnson: There's no roam?
Paul Krauss: There's no room to shift it to the south, no. ,
Councilman Johnson: They'd just have to build the house on the south side.
It'd be an odd house. Would the front of that house be facing the Vineland
Court or Vineland Drive or it's up them?
Paul Krauss: It's really up to the builder. '
Mayor Chmiel: Mr. Van Eeckhout is here now. Just to update you. What we're
looking at is Lot 11. There are several trees of consequence in size. One that
Councilman Boyt has brought up. A 30 inch in diameter oak and has same real
concerns about that as well as a few of the other trees adjacent to that one
specific lot. Can that existing house on that lot be shifted in any way?
Chuck Van Eeckhout: I've instructed the designer to use very large, oversized
footprints so, because as a builder, I really have trouble with very nice lots
but there's no place to build except to destroy the whole lot and the narrow I
13
City Council Meeting - November 6, 1989
frontages have given us trouble so we do have more frontage on these lots than f
many lots do. With regard to trees, as you're I'm sure aware, the ability to
save a few trees on a lot can very, very greatly enhance the value of that lot. t
Both to me as a developer and builder and to the homeowner caning down the line
so we're going to do everything we can to work around the trees. Any person
that buys the lot, virtually all the time they're going to be working to design
I around the trees. It's impossible sometimes to save, and I've gone through this
so many times where you work and work and work and save these 4 or 5 or 6
beautiful trees and 2 years later they're dead. There is no good answer to that
II problem. The thing that we have to do is stay as far away from it as you can.
Disturb than as little as we can and with a little luck we'll save half or
two-thirds of them. The good mature trees on the lot. It's just a bad
situation. We just have to do the very best we can with it and we will do the
II best we can with it. Where we have say 8 or 10 good trees on a lot, I don't
feel so bad about that. I think 3 or 4 nice trees on a lot is all a lot really
needs if you're talking about the big mature ones. Also we have a very good
supply of native trees of the 2 and 3 and 4 inch size that we're going to move
around so we'll have a very nice wooded subdivision when we're done with it.
How we get from here to there is something we're going to work very hard on but
trying to figure it out at this stage is a little difficult.
IIMayor Chmiel: So in other words what you're saying is there's no way that y
g way
can say that you can save that 30 inch oak? you
Chuck Van Eeckhout: Well if that were the center, if that were the only one in
the area, well, I can't say, no. There's not a way that I can tell you how r-,
I we're going to do that to save that tree, that's correct. I may feel, you may
or may not agree with me but I have not done an analysis on it in that detail
yet. I may feel that that tree should go for the benefit of 3 or 4 others so we
II have 4 or 5 nice trees but not that particular tree so I guess until we have a
finite boundary to work with and have done same more detailed design work on the
house as to what we should put in there, it's a little hard to say exactly what
you can or can't save. But keeping in mind everyone has the same intent. There
isn't a homeowner anywhere that would prefer to have a tree taken down. I guess
just appealing to the basic value of the situation, there isn't a builder that
should want to have a tree taken down unless necessary because he's really
II hurting the value of that lot. A lot with nice trees on it can be worth
$10,000.00 more than the lot that's just bare so we really have an interest in
saving those trees.
II Councilman Johnson: I think something you just said was very interesting. We
had the forester in here last year talking to us about trees and how to save
them and have to protect them. He's a good resource. You can talk to him. One
of the things people do will say okay now we're not going to take this tree down
but then they drive the delivery trucks underneath the tree and everything else.
Once you compact the soil on top of those roots, anywhere underneath that drop
zone, that tree will die in the next 2 years. Just exactly what you explained
is probably what happened. You tried real hard to save the trees except for all
the builders came in with their pick-up trucks and drove up there and parked
underneath the trees and the delivery trucks and everything. You really have to
IIquadrant off, if you really want to save it, you have to put up your stakes and
your yellow tape all the way around the drip zone of that tree so you don't
squish the roots. The roots have to breathe so you have to have loose soil on
11 top of them rather than compact.
14
City Council Meeting - November 6, 1989 1
11
Chuck Van Eeckhout: If you can protect the entire drip zone of a tree, you can
probably save it but there are a number of factors involved. Like we had a very
dry suppler. That stresses a tree. Then you dig close to it. Somebody says, y '
you can call one guy that says you can dig up within 10 feet. Well you're
chopping off 20%-30% of the roots and that stresses a tree. Then you get into
species like red oaks are very sensitive. Ash, you can do about anything to it
and a lot of other trees you can abuse fairly well without...
Councilman Johnson: Yeah, willows you can cut them down and they'll still come
back.
Chuck Van Eeckhout: ...to kill them and maples are somewhere inbetween. We've
had pretty good luck with maples. The red oaks are extremely sensitive. If
you've got a dry season going and you stress it a little bit. You drive on it
over here and so...
Councilman Johnson: Hopefully next year won't be a dry season. That's the only
comment I wanted to make there.
Councilman Boyt: If I might, there's a couple things. I'd like to see a change 1
in the conditions. Condition 6 which deals with tree preservation. That
there's going to be some sort of site review. i think the DNR forester should
be included in that. A development of a tree preservation plan. I think that
all trees to be preserved should be staked off at their drip lines. So I'd like
to see those changes made to Condition 6 for approval. i think that you can
take that housing footprint. You can turn it 90 degrees to the way it's turned
right now and you eliminate most of your problems with those trees. But I don't
have your faith in developers. You know you but I know developers from what
I've seen and they'll cut down a tree if it's in the way. That's just the .
nature of the beast I think so I think any tree, you just look at this tree map
and you've got 30 inch maples. 30 inch oak trees and we ought to be moving
everything to not cut those down. TO not cause then to die because we've gone
in there. So I'd like to see a separate condition that says that those 30 inch
trees will be preserved. I'nm sure that the DNR forester can show you how to
preserve therm and you can develop your piece of property and they'll still be
there and be healthy. You turn that housing footprint and you've saved yourself
a lot of problem with those trees.
Chuck Van Eeckhout: Basically the way it would work, instead of that typical
housing footprint is we'd put the setback boundaries in there and within those
setback boundaries we'd search for a place to do the least possible damage to
that lot which gives us a great deal more flexibility than an arbitrary
footprint which we're showing here. '
Councilman Boyt: I don't think you've got the setbacks in there now and I'd
sure like to see that. With that lot particularly in mind. And I sure want to
know how you're going to save that 30 inch maple tree on Vineland Court.
Councilman Johnson: Is the storm sewer directly underneath it?
Councilman Boyt: Well, run it down the other side of the road. Move the road
to the south.
11
15
11
IICity Council Meeting - November 6, 1989
I
Paul Krauss: We think that that can be taken care of in the final design where
Iyou shift the curb line of the road a little bit to the south. Run the
utilities on the other side and if you need to, change the grading and use a
short wall on the north side.
ICouncilman Boyt: The pond, whatever you're building back there, designated as a
wetland. So maybe that's condition number. I think you've got a great piece of
property. Obviously you know that. I think the City has demonstrated that they
I want to work with you to be able to develop the property. In exchange for that,
I'd like to see condition 12 read that the 30 inch oak tree will be preserved
and condition 13, that the ponding area will be designated as a wetland. I
think it is anyway. No?
Paul Krauss: There's nothing there right now Councilman Boyt. It's basically
an open field.
ICouncilman Boyt: It will be. As soon as we put water in it.
ICouncilwoman Dimler: Then you have to meet the setbacks.
Councilman Boyt: We don't even know how big the thing is. Is it going to take
Ithe same surface area when it's 4 feet deep as it does when it's 8 feet deep?
Paul Krauss: Conceiveably a little bit less but we're going to take a drainage
easement over the entire pond in it's final configuration anyway. ri
r ,
Councilman Boyt: Okay, once the houses are in place, the wetland is going to 1 1
develop and so I'd like to see scmething worded so once the wetland develops, it
Iis in fact a wetland. It's going to be anyway.
Paul Krauss: Well, the design though is basically to promote open water and
Ieven if they shallow up the pond, their intention is to have an open water
amenity in there and not really a wetland. There are ways to achieve that but
I'm not sure at this point whether this thing's going to take on wetland
characteristics or not.
IICouncilman Boyt: Well if you put water in there Paul, I think and we can sure
get some expert to give us information here but if the people living there don't
' tear them down, it will became a wetland.
Councilman Johnson: Cattails will grow.
IGary Warren: Mk. Mayor? The other concern I guess that I would have is we're
looking at this as a storm water retention basin and also as a sediment pond to
obviously protect the Lotus Lake on the downstream side. If we carry it through
Iwith a wetland distinction, the City will have to get it's own alteration permit
if and whenever we need to go back in to remove sediments to see that this pond
retains it's water quality characteristics.
ICouncilman Boyt: We're going to have to do that all over the City Gary because
we've been doing this pretty regularly with holding ponds.
IICouncilman Johnson: We've been putting that in wetlands.
I16
City Council Meeting - November 6, 1989 1
Councilman Boyt: We don't have to designate it a wetland because I can assure
you that as soon as it gets water in it, it's going to became one. I'm just
saying to clarify things, let's call it what it's going to be. We can give you
the housing footprint approvals and avoid future variances but it's eventually
going to become a wetland. It's just a matter of whether we let it grow,
filtering vegetation or not. I
Mayor Chmiel: One of the concerns that we might have here is that if we
designate that a wetland, with one of the lots here you have to have a 75 foot
setback as well minimum...meet that?
Councilman Boyt: I think we should word this so it allows that house to be
built without a variance. I'm just saying that eventually this water area will
certainly turn into a wetland. I don't want to create a situation where the lot
becomes unbuildable because they can't get a variance.
Councilwoman Dimler: Yeah, that's what we're looking at. 1
Councilman Boyt: I agree with that but I also don't want to create a situation
in which, and we've got an area which would certainly naturally became a wetland '
and we don't let that happen.
Councilman Workman: Isn't that a larger issue that we're basically heading in
the direction of right now with the Curry Farms situation? Does it need to be a
part of this really in that we're addressing that right now?
Councilman Johnson: Over there we put conservation easements around the '
wetlands and they were mostly existing wetlands before we modified them into
open water wetlands.
Paul Krauss: Councilman Workman, there is a little bit of that issue that's I
entering into this. I guess I'm beginning to feel a little uncomfortable though
if the presumption is that every retention pond in the city automatically is a
wetland and particularly in this case in advance of it showing any kind of
characteristics of one so we don't know what to classify it. This is a
functional pond. It's designed to hold standing water. It's designed to be an
amenity. If the standing water function works right, it won't be growing a lot
of wetland vegetation. At this point in time it does not have any wetland
characteristics. It's not even wet. I think there's a danger in deluding the
wetland ordinance with the presumption that every ponding area is automatically
a wetland.
Councilman Workman: So then I'm correct that it is of a larger nature that
we're looking at and that it probably shouldn't be a part of this until the
future when we decide as a city how we're going to characterize these
individual.
Paul Krauss: I believe so yes.
Councilman Boyt: We have, I'm not trying to make this into a larger issus than
it is. The City has quite a record of every time we create one of these things,
trying to make a wetland out of it. If they had more space here, I'd be pushing
for the 5 characteristics of the Fish and Wildlife area. We have as a County
17
City Council Meeting - November 6, 1989
and a City and a country a record of draining 80% of our wetlands and they're
gone and every once in a while we get a chance to create one. And yes, I would
make the presumption that every time we get to create one, we'll create it. I'm
I not trying to be difficult here. I'm just saying, this is an opportunity. We
can enter it with a plan on how they build the houses and I don't know. If you
think it's impossible, okay.
IIMayor C1iiel: I think what Paul is saying is that it's just basically to be
used as a functional pond and not basically as a wetland pond. I sort of agree
with his analogy on that. And that I'm not sure whether I would like to see
that indicated as such at this particular time, just as Tom is saying.
Councilwoman Dimler: I have a concern there too because I don't want to see a
I whole lot of variance situations created. You know we're creating variance
situations and then we're having to make decisions on variances in allowing them
to enjoy their lot and all that just because we designated it as a wetland.
ICouncilman Workman: Bill, I don't know if I disagree with you that we're going
to be creating a wetland and that that's good. I'm just saying, I don't think
I we should call it a wetland until it first of all is one and even before that,
allowing the home to be built. We don't have a 75 foot setback against putting
a wetland near a house but. The other way around we do so we get the house
built and then we get the wetland and it becomes a part of the bigger picture
II that was surfaced with Curry Farms a little bit and then we can take care of it.
I don't know that it needs to be a part of that. I think it's going to create
more problems right now with this. That's all I'm saying. And Paul said, it
IIwas an amenity but I think at this stage it's a little early for a field that
isn't even a wetland yet.
Councilman Boyt: I think Near Mountain is a good example where they went out,
I created ponding areas and we created conservation easements around them. Just a
year and a half ago.
IJo Ann Olsen: Those were wetlands to begin with.
Councilman Johnson: Yeah.
Councilman Boyt: How about Saddlebrook?
Councilman Johnson: Those were wetlands except for the one on the north.
1 Councilman Boyt: I think it's supposed to be dry.
IMayor Chmiel: Well, I think we should probably move on with this.
Councilman Johnson: I'd like to ask Paul one question. Why do you believe
we'll have a pond there? Is the water table that shallow?
IIPaul Krauss: Councilman Johnson, it's designed so that the outlet is set so
there's going to be water below the outlet. You can design a pond to hold
Istanding water. You can put plastic...
Councilman Johnson: I realize that, oh!
I
18
City Council Meeting - November 6, 1989 1
Paul Krauss: They're not showing that but there are ways to keep the weeds down
if that's their intent. But it's designed to have standing water.
Councilman Johnson: Do we know it's not going to leak out the bottom? Do we
know enough to say that this is going to be standing water? In Canada they
built this multi million dollar dam that never held any water. The same thing
can happen with these things. Depending upon what the geology is in the area,
during a storm you get a lot of water and then it slowly just seeps into the
ground and is gone because your water table is way down below and the porisity 11 you know so like you say, until it's there and it's functioning, we don't know
if it's going to hold water unless it's designed. If you put in a liner and
make it hold water. If you design it to hold water, you bring good clays in and
make it, but I haven't heard any discussion that they're going to put any extra
effort to make this thing hold water.
Gary Warren: The tendency would be with our clays here that normally we see
retention. Evaporation also plays a role as far as how much water stays in
those ponds and by expanding the surface area of this, you would tend to
encourage more evaporation.
Councilman Johnson: Right. When we go shallower and bigger, we'll have less
tendency.
Mayor C hmiel: Okay, can we have a motion with the concerns that you have
regarding the trees? I think if we'd just drop the other portion of it and just
have that as a functional pond right now.
Councilman Boyt: Okay. We can drop item 12 or 13, whatever it was. I can see
it's not going to pass. I still think it's a good idea. What I would like to
do then is I'll move approval of a preliminary plat with two changes. Item
number 6, change to read DNR forester review and all trees staked off prior to
any grading.
Councilman Johnson: To the drip edge. '
Councilman Boyt: Yes. Staked off at the drip line.
Councilman Workman: What do you mean all trees?
Councilman Boyt: Everything that's going to be saved is going to be staked off.
That way it will be safe.
Councilman Johnson: Designated to be saved. '
Councilwoman Dialer: Do you want to designate what size you want to save?
Councilman Boyt: I think that's what the DNR forester and city staff are going ,
to do. Then as a separate item, I'd like to indicate that the preliminary plat
is approved conditionally on a saving of the 30 inch oak tree and the 30 inch
maple tree. That's item 11 and it's also Vineland Court. Or, Block 3, Lot 11
and the Vineland Court road.
Councilman Workman: You're saying it's condition 12?
19
IICity Council Meeting - November 6, 1989
11
[-I
Councilman Boyt: Condition 12, yes.
Councilwoman Dimler: Even if the DNR forester's review doesn't require that?
Mayor Chmiel: The DNR forester's opinion will be accepted.
ICouncilman Boyt: Well, he's not going to go out there and say cut that tree,
save that tree. He's going to go out there and look at what you're building and
Isay, you're going to lose that tree.
Chuck Van Eeckhout: One possibility and I have not examined that particular
tree or those two trees. The health of those trees could be a factor and if a
I professional evaluates those trees as not being long for this world anyway,
maybe it's better to sacrifice them. I'm not saying that. I'm just saying that
II I would rather not be locked into that finite position. I'd rather be locked
into a position where the staff and forester could decide which trees have to be
saved or other representatives but I think if we lock ourselves into a certain
corner, we face the probability or possibility of having to came back to Council
Ifor further review.
Councilman Boyt: Well it's going to came back anyway. This is just the
preliminary plat.
11 Mayor Chmiel: Yeah, it's going to come back.
I Chuck Van Eeckhout: Okay.
i
Councilman Boyt: It's going to come back and I'm just saying that I think our
intention should be that it's going to take an overwhelming reason to cut that
I
tree down.
Chuck Van Eeckhout: And I agree with you 100%.
IMayor Chmiel: You have a motion on the floor. Is there a second?
Councilman Workman: Second.
IICouncilman Boyt moved, Councilman Workman seconded to approve Preliminary Plat
#89-8 for Vineland Forest with the following variances:
Vi - Variance to allow 30 feet of lot frontage for Lot 2, Block 3
V2 - Variance to allow a 10% grade on Vineland Drive
' and subject to the following conditions:
1. Obtain final plat approval and enter into a development contract with the
city and provide the city with the necessary financial sureties to guarantee
proper installation of the improvements.
2. Final design and approval of utility, drainage and street plans,
incorporating caaments contained in the staff report and attached report
r--
' 20
City Council Meeting - November 6, 1989 1
from the Engineering Department. Plans for retention pond are to be 11
modified by relocation of the pond to the west, and by revising the grading
plan to create the minimum sized pond required for water storage and
quality. Tree preservation shall be taken into acount during the redesign.
The pond shall be equipped with a skimmer device. Detailed construction
plans and specifications, including calculations for sizing utility
improvements shall be submitted for approval by the City E tineer_. All ,
construction shall be in accordance with MnDot specifications except where
modified by the City's standard specifications. As-built mylar plans will
also be required upon completion of construction. I
3. Comply with all requirements of the Watershed District approval.
4. Change the name of Vineland Drive to Nez Perce Drive. The street shall be
paved up to the western property line. A barrier shall be erected at the
edge of the pavement indicating that "This street is to be extended in the
future". Notice of the street extension shall be placed in the chain-of-
title
of each lot in Vineland Forest.
5. Dedicate Outlot B to the city for access and utility purposes. I
6. Provide a tree preservation and erosion control plan prior to grading the
site. The plan should strive to minimize tree loss. The plan should be
revised to protect the two maple trees along Vineland Court, protect trees
around the retention pond, and minimize tree cutting in the ravine while
providing for it's reforestation. Walk the site with staff prior to grading
to mark preservation areas. Protected trees that are lost due to
construction will be replaced by suitably sized trees approved by staff. A
financial guarantee covering the cost of landscaping should be provided with
the development contract. The DNR forester will do a site review and all
trees to be preserved shall be staked off at their drip line prior to any
grading.
7. Provide the following easements: '
a. ROW dedication for all platted streets.
b. Temporary road easements over the temporary cul-de-sac at the end of
Vineland Drive. The easement would be vacated whenever the street is
extended.
c. Outlot B should be dedicated to the city for access and utility
purposes.
d. Drainage and utility easements over all storm water retention areas,
access to these areas for city crews and over storm sewers.
e. Standard drainage and utility easements over each lot. '
f. Ten foot roadway easement over Lot 8, Block 2, Carver Beach Estates and
such grading easements as may be required.
g. Temporary grading easement over property located east of Vineland Drive
near Lake Lucy load. '
- 1
21 '
City Council Meeting - November 6, 1989
11
h. Utility easements over sewer lines located outside the public
right-of-way, including 20' wide easement between Lots 4 and 5, Block 3. i
8. Park dedication and trail fees are required in lieu of parkland dedication.
9. Upon final plat approval the applicant shall supply to the city two mylar
copies of the plat, one reduced to 1" = 200' scale and the second at 1" =
500' scale.
10. Provide a comprehensive erosion control plan for the project.
Type III
erosion control is to be outlined as required. Seed and mulch all disturbed
areas immediately upon completion of rough grading activity.
11. The City Council review the vacation of the unused Lake Lucy Road right-of-
way concurrently with final plat approval.
12. That the 30 inch oak tree on Lot 11, Block 3 and the 20 inch maple tree in
Vineland Court road be preserved.
All voted in favor and the motion carried.
IIREQUEST TO USE TETON LANE FOR SCHOOL BUS ACCESS, MINNETONKA SCHOOL DISTRICT.
II Mayor Chmiel: Is there someone wishing to present that? Is there anyone here
from Minnetonka Schools with their proposals? If not, Don? j
Don Ashworth: WS did receive a letter from the School District asking the
II Council, or at least informing the Council of the problem they're having
regarding getting school buses into that area and has asked the Council if that
will remain closed or if there's a possibility that it would open. We also
received a request from the neighborhood, a petition that the access be
considered, that Teton be re-opened. I should note that I have not contacted
neighbors, either representing the petition or those people likely to be against
simply because I wanted to have this opportunity for Council to determine what
II type of procedure you wanted to follow. I would make the assumption that if
there is going to be any form of reconsideration, that you would want to do that
II in same public hearing type of a format. Again, this item is solely being
presented to try to determine what type of process the Council would like to
look at or maybe simply to have myself write the school district and saying that
it's going to remain closed.
Mayor Chmiel: I know there are a few neighbors from that specific area. Is
there a spokesperson for the neighborhood? If you'd like to state your name and
your address please.
IIDavid &ald: Mr. Mayor, my name is David Ewald. I reside at 6370 Teton Lane.
Perhaps if you'd like I could give a few remarks on this item unless you decide
Iyou want to defer it to a different time.
Mayor Chmiel: I thought maybe if you so desire, to just reiterate your position
II on this. I know that I received a call last night to take the opportunity this
morning to see the bus maneuver. Last night I had driven the area several
22
Ie --Z..
r
4 CITY OF
{4
I ; . CHANHASSEN
•::*'' ,, 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
. -" (612) 937-1900 • FAX (612) 937-5739
IMEMORANDUM
TO: Gary Warren, City Engineer Action by City r,a-;•r;t;a.-.
I FROM: Dave Hempel, Sr. Engineering Technician 444 Endorsed __.,
Mcditc' ------__�.._
DATE: December 13, 1989 Rejac` -,
I Dat //3�p�
SUBJ: Approval of Plans and Specifications for Date .:,:i
Vineland Forest Addition
I Project No. 89-27 (pvt) o -
12"A'_/1._a
The construction plans for Vineland Forest Addition dated
I December 1, 1989 for street and utility improvements have been
submitted by Merila & Associates. A grading and erosion control
plan is also attached with the construction plans.
The plans and specifications cover site grading, erosion control,
street, storm sewer, watermain and sanitary sewer construction
for Vineland Forest Addition. The grading plan has been modified
I to reflect the Council 's desire in preserving certain trees on
site. The plan also has revised the pond layout across Lots 3, 4
and 5, Block 2. The pond has been shifted westerly and the depth
I reduced to maintain a water depth of 4 ,feet. The grading plan
proposes a number of areas designated for topsoil stockpiles.
This material will be re-spread around the lots as the houses are
I constructed. It is recommended that these topsoil piles be eli-
minated or reduced in size to no larger than 150 cubic yards and
also be seeded to prevent wind erosion and weed nuisance.
I The street and utility ,plans appear consistent ,with the con-
ditions and stipulations contained in the preliminary plat review
process. To reduce the number of conditions for approval, the
1 plans are being revised and will be delivered to Council members
Friday afternoon (12/15/89 ) .
The developer has expressed an interest in proceeding immediately
I with the construction of the utilities for the subdivision. Due
to the cold weather and lack of snow cover we have experienced
this season, frost has penetrated the ground at a rapid rate. On
I rare occasions, and only under extreme emergencies, i.e. water-
main breaks, does the City tolerate construction of public impro-
vements under winter conditions . The complications which result,
IInot only short term but most importantly long term, over the life
I
11
Gary Warren
December 13, 1989
Page 2
of these utilities, has dictated the City ' s policy in this matter.
Although we are sympathetic to the developer's interest in trying
to complete these improvements as quickly as possible, we see no
benefit to the City in allowing this construction to be under-
taken during the winter season. It should therefore be a con-
dition of approval of the plans and specifications that no
construction will be permitted on the site until weather permits
in the spring of 1990 .
It is therefore recommended that the street and utility construc- 1
tion plans and specifications prepared by Merila & Associates
dated December 1, 1989 for Vineland Forest Addition be approved
with the following conditions:
1. The Developer shall obtain and comply with all permit con-
ditions issued by the Watershed District.
2. The Developer shall enter into a development contract with
the City prior to initiating any work.
3. Security for performance shall be provided by the Developer
to the City in an amount equal to 110% of the project costs
as stipulated in the development contract. i
4 . The proposed topsoil stockpiles shall be reduced in area to
contain no more than 150 cubic yards of material and stock- .
piled in areas agreeable to the City. The stockpiles shall
also be seeded to prevent material from blowing across the
site.
5. The temporary cul-de-sac at the end of Nez Perce Drive shall 1
be increased to a 42-foot radius and appropriate easements
dedicated.
6 . Erosion control throughout the site shall be Type III.
7 . The Developer shall provide the necessary right-of-way ease- 1
ment on Lot 8, Block 2, Carver Beach Estates along with any
grading or construction easements that may be needed outside
of the plat prior to any construction. I
8. Construction of site improvements shall not be permitted
until weather conditions permit in the spring of 1990.
OFFICIAL ENGINEERING COPY
Received I
Revision No.
Approved by City E ineer
Date 3 0,9
Approved by City Cotes
Date
e.
CITY OF
• , •
r .
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900 • FAX (612) 937-5739-''c"
Endue•c._lll`"`
MEMORANDUM Ricdiie• _�_r.
TO: Gary Warren, City Engineer --�1 /.F7-
Dee Sutalittel ?;
' FROM: Dave Hempel, Sr. Engineering Technician ag
Dec :•: s
DATE: December 13, 1989
' SUBJ: Approve Development Contract for Vineland Forest Addition
Project No. 89-27 (pvt)
Attached is the development contract for Vineland Forest Addition
improvements. The developer has received preliminary plat appro-
val and construction plan approval is pending. The City
Council ' s conditions of approval have been incorporated into the
development contract with additional staff recommendations .
' It is therefore recommended that the attached development
contract be approved and authorized for execution.
Attachment: Vineland Forest Addition Development Contract
c: Chuck Van Eeckhout
r
r
' OFFICIAL ENGINEERING COPY
Received
Revision No.
Approved by City Engineer
Date 11- 13 13
Approved by City Council
I Date
II
IICITY OF CHANHASSEN
DEVELOPMENT CONTRACT
I (Developer Installed Improvements)
VINELAND FOREST
IISPECIAL PROVISIONS
I AGREEMENT dated , 19 , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (the
"City" ) , and VAN EECKHOUT BUILDING CORPORATION, a Minnesota
corporation (the "Developer") .
II1. Request for Plat Approval. The Developer has asked
the City to approve a plat for VINELAND FOREST (referred to in
I this Contract as the "plat" ) . The land is legally described on
the attached Exhibit "A" .
I 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.
I 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
I 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:
I
Plan A--Plat prepared by Merila & Associates, approved
by the City Council on .
IPlan B--Grading, Drainage, and Erosion Control Plan dated
December 1, 1989 , prepared by Merila & Associates .
IPlan C--Plans and Specifications for Improvements dated
December 1, 1989 , prepared by Merila & Associates .
I 4. Improvements. The Developer shall install and pay
for the following:
I 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
I H. Site Grading
I. Underground Utilities (e.g. gas, electric,
telephone, CATV)
I J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Landscaping
II SP-1
I
5. Time of Performance. The Developer shall install
all required improvements by November 30, 1990 except for the
final wear course of bituminous which shall be completed no later
than June 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.
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 $ 355,107.00 . The amount of the security was calculated
as 110% of the following:
Sanitary sewer $ 56,691. 00
Watermain $ 58 ,537. 00
On-site storm sewer $ 49,474 .00
Streets $ 64 ,348. 00
Street lights and signs $ 1, 400 .00
Erosion Control $ 2,500 .00
Engineering, surveying,
and inspection $ 21,119 .00
Site Grading $ 58,755.00
Landscaping/Tree Preservation $ 10 ,000 .00
TOTAL COST OF PUBLIC IMPROVEMENTS $ 322,824.00 '
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 June 30, 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
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:
Van Eeckhout Building Corporation
Attn: Chuck Van Eeckhout
1935 Wayzata Blvd. , Suite 165
Long Lake, MN 55356
Telephone: (612 ) 473-1578
SP-2
I
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. The Developer shall submit for approval by the
City Engineer detailed construction plans and specifications,
including calculations for sizing utility improvements. All
' construction shall be in accordance with MnDOT specifications
except where modified by the City ' s standard specifications .
As-built mylar plans will also be required upon completion of
' construction.
B. The Developer shall obtain and comply with all
requirements of the Watershed District approval.
' C. Nez Perce Drive.
1 . Nez Perce Drive shall be paved up to the
western property line. A temporary cul-de-sac (42-foot radius)
shall be constructed until such time as the roadway is extended.
At that time, the temporary cul-de-sac will be removed. A
I barrier shall be erected at the end of the paved right-of-way. A
sign indicating that "THIS STREET WILL BE EXTENDED IN THE FUTURE"
will be erected upon the barrier.
' 2 . The Developer shall file a notice in the
chain-of-title of each lot notifying each owner that Nez Perce
' Drive is to be extended in the future.
D. The Developer shall dedicate Outlot B to the
City for access and utility purposes.
E. Tree Preservation.
' 1 . All trees and tree stands designated for
preservation shall be surrounded by snow fence prior to the start
of grading. Identification of preservation areas is subject to
approval by City staff.
2 . Mature trees in impacted areas shall be
pruned by a professional.
' 3. The storm sewer outlet on Lots 5 and 6,
Block 1 shall be located to avoid impacting mature trees to the
' greatest possible extent. A reforestation plan shall be prepared
and implemented subject to staff approval.
SP-3
I
4. Borrow and dirt storage areas shall be
situated in areas devoid of tree cover.
5. Tree preservation plans are required prior
to issuance of building permits on Lots 2, 10 and 11, Block 1.
F. The Developer shall provide a temporary road
easement over the temporary cul-de-sac at the end of Nez Perce
Drive. The easement will be vacated whenever the street is
extended.
G. The Developer shall provide drainage and
utility easements over all storm water retention areas, access to
these areas for City crews and over storm sewers .
H. The Developer shall provide a right-of-way
easement over Lot 8 , Block 2, Carver Beach Estates and such
grading easements as may be required.
I. The Developer shall provide a temporary grading
easement over property located east of Nez Perce Drive near Lake
Lucy Road as necessary.
J. The Developer shall provide a comprehensive
erosion control plan for the project. Type III erosion control
is to be outlined as required. All disturbed areas shall be
seeded and mulched immediately upon completion of rough grading
activity. '
K. The City Council shall review the vacation of
the unused Lake Lucy Road right-of-way concurrently with final
plat approval.
L. The lowest floor elevation for buildings on
Lots 4 and 5, Block 2 shall be at a minimum of 1002.00 .
M. The lowest floor elevation for buildings on
Lots 4 and 5, Block 1 shall be at a minimum of 1011.5. '
N. All topsoil stockpile areas shall be provided
with erosion control measures, seeded to prevent wind erosion and
shall be removed prior to the issuance of certificate of
occupancies for the lots on which they are located.
9. General Conditions. The general conditions of this '
Contract, approved by the City Council on February 22, 1988, are
attached as Exhibit "B" and incorporated herein.
SP-4 '
I
CITY OF CHANHASSEN
' BY:
Donald J. Chmiel , Mayor
(SEAL)
' BY:
Don Ashworth , City Manager
' DEVELOPER:
VAN EECKHOUT BUILDING CORPORATION
' BY:
Chuck Van Eeckhout, President
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 )
) ss.
COUNTY OF )
' The foregoing instrument was acknowledged before me this
day of , 19 , by Chuck Van Eeckhout,
President of Van Eeckhout Building Corporation , a Minnesota
corporation.
' Notary Public
I
' DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
' Chanhassen, MN 55317
( 612 ) 937-1900
' SP-5
I
CONSENT 1
, 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 ,
STATE OF MINNESOTA )
Ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 19 , by
Notary Public
1
1
SP-6