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3a,b. & c. Ersbo Addition, final Plat, Public Hearing & Revised Dev Contract I .3,6oki 1 i CITY OF 1 , . , , , 1 CHANHASSEN I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I MEMORANDUM Action by City Administrator Endorsed✓ j02' TO: Don Ashworth, City Manager Mod;'ed______._____ II Rejected FROM: Jo Ann Olsen, Senior Planner DL1eyz� 3Zre _-_ Date Subm t,cd to Gc- . ..,;;cn DATE: December 11, 1989 ISUBJ: Final Plat for Ersbo Addition Date Se :e to Gouncif IIOn November 20, 1989 , the City Council approved the preliminary plat for the Ersbo First Addition as shown on the plat dated October 11, 1989 with a variance to allow a 30 foot lot width on 1 Lot 1, Block 2 , subject to the following conditions: 1 . Provide final detailed plans of the streets and utility 1 improvements . 2. Lots 1 and 6 , Block 1 are to gain access solely by driveway Ito Eagle Circle. Access to Lake Lucy Road is prohibited. A notice of this limitation should be placed in shared title of both lots. I 3 . Provide final erosion control plans acceptable to staff. Type III erosion control will be required along the western perimeter of the site adjacent to the wetland. Prior to the I initiation of grading, staff will walk the site with the developer to mark out trees designated for preservation. Staff will modify the plans as required to improve tree pre- 1 servation efforts. Drainage swales are to be provided around each of the homes. The berm located in the Lake Lucy Road right-of-way is to be relocated onto Lot 1, Block 1. I 4. Provide final drainage plans for approval by City staff. Watershed District approval is required. 1 5 . Easements to be provided: a. Right-of-way for Eagle Cirle. b. Request the City Council vacate right-of-way for existing 1 streets and easements approved under the original plat. c. Utility easements are required for the proposed watermain and sanitary sewer pipes on Lot 6 , Block 1; Lot 1, Block I 2; and based upon final engineering design may be required over an adjacent parcel to the west. I II Mr. Don Ashworth II December 11, 1989 Page 2 Drainage and utility easements are required over the pond Id. and storm sewer pipes on Lot 6 , Block 1; Lot 1, Block 2; and based upon final engineering design may be required over an adjacent parcel to the west. Ie. Standard utility easements around the perimeter of each lot. I6 . Enter into a development contract with the City. 7 . Compliance with the conditions of the Wetland Alteration IPermit #88-7. 8. Change the street name to Arlington Court. I9 . At such time as a new public street is provided to teh south of Lake Lucy Road, the private driveway currently serving the I existing home shall be removed and the driveway shall access to the south off the new public street. 10. Stake off the trees to be saved at the dripline. I11. All trees 10" or more in caliper need to be replaced. II The final plat is consistent with the approved preliminary plat. Conditions #5 a. , b. , and e. , and #8. have been met. Conditions #1, 3 , 4 , and 6 are in the process of being provided for staff review and Conditions #2 is part of the development contract. ICITY COUNCIL RECOMMENDATION IStaff recommends the City Council adopt the following motion: "The City Council approves the final plat for Ersbo First Addition I #87-36 as shown on the plat dated December 5, 1989, subject to the following conditions : 1. Provide final detailed plans of the streets and utility Iimprovements for approval by the City Engineer. 2 . Provide final erosion control plans acceptable to staff. I Type III erosion control will be required along the western perimeter of the site adjacent to the wetland. Prior to the initiation of grading, staff will walk the site with the I developer to mark out trees designated for preservation. Staff will modify the plans as required to improve tree pre- servation efforts. Drainage swales are to be provided around each of the homes. The berm located in the Lake Lucy Road Iright-of-way is to be relocated onto Lot 1, Block 1. 3 . Provide final drainage plans for approval by City staff. IWatershed District approval is required. I Mr. Don Ashworth December 11, 1989 Page 3 I 4 . Compliance with the conditions of the Wetland Alteration I Permit #88-7. 5. At such time as a new public street is provided to the south Iof Lake Lucy Road, the private driveway currently serving the existing home shall be removed and the driveway shall access to the south off the new public street. 6 . Stake off the trees to be saved at the dripline. 7. All trees 10" or more in caliper need to be replaced. I 8 . A 20-foot wide drainage and utility easement is required across the easterly 20 feet of Lot 1, Block 1 and also II between Lots 2 and 3, Block 1. 9. The drainage and utility easement located on Lot 6, Block 1 should be extended westerly to the west line of Lot 7, Block I 1. This easement is necessary for an outlet pipe from the sediment pond to the wetland lying west of the plat (see attached) . I 10. The applicant shall enter into a development contract with the City and provide the City with the necessary financial sureties to guarantee the proper installation of these II improvements prior to commencement of any construction or grading. " VACATION I An underlying plat with streets and utility easements for the ori- Iginal Ersbo addition has been recorded with Carver County. The applicant has requested approval for vacation of existing ease- ments and street right-of-ways. The proposed plat, Ersbo First Addition provides necessary street right-of-ways and utility I easements. CITY COUNCIL RECOMMENDATION I Staff recommends the City Council adopt the following motion: "The City Council approves Vacation Request #89-12 to vacate I street right-of-ways and utility easements as plat of Ersbo Addition." ATTACHMENTS I 1. City Council minutes dated November 20, 1989. I 2. Memo from Engineering Department dated December 12, 1989. 3 . Final plat dated December 5, 1989. II II V II City Council Meeting - November 20, 1989 Councilman Johnson: The economic consideration would come from same future, )II future Council. Raman Roos: I understand but as long as that's part of it. Councilman Johnson: Well yeah. There's always the reasonableness has to be I brought into it. What we're saying is that this is the plan at this time. If in the future it's going to cost you $100,000.00 to do it, obviously they're not going to make you do it. No reasonable Council would and I would assume this town's only going to elect reasonable Councils. IGary Warren: Maintenance cost savings could equal the cost of a new road over several years too. That's a long driveway. IRoman Roos: But again, I just wanted to make that comment to your motion. I understand what you're saying Jay. II Councilman Johnson moved, Councilman Hoyt seconded to approve - app Subdivision X87 36 as presented on the plat stamped "Received October 11, 1989" with a variance to II allow a 30 foot lot width on Lot 1, Block 2, subject to the following conditions: I1. Provide final detailed plans of the streets and utility improvements. 1111 ' 2. Lots 1 and 6, Block 1 are to gain access solely by driveway to Eagle Circle. Access to Lake Lucy Road is prohibited. A notice of this limitation should be placed in shared title of both lots. 3. Provide final erosion control plans acceptable to staff. Type III erosion } control will be required along the western perimeter of the site adjacent to the wetland. Prior to the initiation of grading, staff will walk the site with the developer to mark out trees designated for preservation. Staff II will modify the plans as required to improve tree preservation efforts. Drainage swales are to be provided around each of the homes. The berm located in the Lake Lucy Road right-of-way is to be relocated onto Lot 1, Block 1. • I4. Provide final drainage plans for approval by City Staff. Watershed District approval is required. II1, 5. Easements to be provided: II a. Right-of-way for Eagle Circle. I b. Request the City Council vacate right-of-way for existing streets and easements approved under the original plat. Il f c. Utility easements are required for the proposed watermain and sanitary sewer pipes on Lot 6, Block 1; Lot 1, Block 2; and based upon final I engineering design may be required over an adjacent parcel to the west. d. Drainage and utility easements are required over the pond and storm sewer pipes on Lot 6, Block 1; Lot 1, Block 2; and based upon final 51 il City Council Meeting - November 20, 1989 1 engineering design may be required over an adjacent parcel to the west. III e. Standard utility easements around the perimeter of each lot. 6. Einter into a development contract with the City. 7. Compliance with the conditions of Wetland Alteration Permit 188-7. ' 8. Change the street name to Arlington Court. 9. At such time as a new public street is provided to the south of Lake Lucy I Road, the private driveway currently serving the existing home shall be removed and the driveway shall access to the south off the new public , street. II 10. Stake off the trees to be saved at the dripline. 11. All trees 10" or more in caliper need to be replaced. I All voted in favor and the motion carried. II Councilman Johnson: I will move the wetland alteration permit. Councilman Boyt: I will second that. I think we should add a skimmer. They I talked about a skimmer. They pulled the skimmer out. Councilman Johnson: Why don't we have a skimmer? I missed the skimmer. Roman Roos: We've got a sedimentation pond. A skimmer's cost is not that great but that's really the purpose for a sedimentation pond before it outlets into II the Watershed. Councilman Boyt: And that's what the skimmer does isn't it? It ensures that II the sedimentation pond is doing it's job. Raman Roos: Not necessarily. If the skimmer's used on a main outflow into an watershed type situation, all we did was put a sedimentation pond in it's place. 1 It was a recommendation of Planning Cormisssion if I recall Paul, but again knowing what they do and how they function and I guess engineering, Gary can address that issue. That skimmer's really not going to perform any real II function as it sets as we've got it laid out on a drainage situation. Gary? Gary Warren: I don't know all the details of a skimmer. I would suggest that II when plans and specs came back, we will definitely be looking at along with the Watershed District to have the appropriate, whether it's a skimmer or not. Tb have the appropriate facility put in. Councilman Boyt: The City has put that in several of it's holding ponds. II Gary Warren: And I've been on record, I don't like the wood skimmers because they're going to be, not too fax in the distance we're going to have a lot of III repairs and maintenance on than but I'd say, the plans and specs phase would be appropriate to work out that detail. II 52 II City Council Meeting - November 20, 1989 Councilman Johnson: Which Watershed District has this? Gary Warren: Their boundaries, we just got, this actually flows, that wetland flows up ultimately to Christmas Lake so that's Minnehaha Creek but the boundary from what Mr. Quanbeck has told me, doesn't necessarily follow. My gut reaction is that it's Minnehaha but it could be in Riley-Purgatory. Councilman Johnson: So I have some review of the skinnier. Gary Warren: You may have sane influence. ' Councilman Johnson moved, Councilman Boyt seconded to approve Wetland Alteration Permit Request #88-7 as presented on the plat stamped "Received October 11, 1989", subject to the following conditions: 1. Acquisition of a drainage easement from the adjacent property owner. ' 2. Approval of a permit from the Minnesota Department of Natural Resources. 3. Creation of a storm water retention pond in the northwest corner of Lot 6, ' Block 1. 4. Installation of Type III erosion control between the development and the III/ Class A wetland. 5. Compliance with conditions of the Preliminary Plat #87-36. All voted in favor and the motion carried. CONSIDER PLUMBING PERMIT FEE REVISION AND IMPLEMENTATION CF A PIPING FEE. ' Councilman Johnson: Can I ask a question? Why aren't we doing this with our normal fee review that we do every January? ' Don Ashworth: This is a new fee schedule. Jim is present. Do you want to go through it Jim? ' Councilman Johnson: It seems that that would be a logical time to implement a new fee when we review all our fees. Maybe not. ' Jim Chaffee: I didn't quite hear your question or what the answer was. This is a new fee that we're asking be implemented. One is a new fee and another is a revision of the plumbing fee. We've not revised the plumbing fee structure for quite a while. Our plumbing inspector took a look at this several months ago. Asked if they could come up with a schedule that would be conducive more to what they do and also more in like with what the other cities in our surrounding areas are doing. They have done that and after considerable amount of research, they have revised the plumbing permit fee schedule to reflect more of what we do and they've also asked that we implement a gas piping fee schedule which we've never had in the City of Chanhassen. We didn't even look at this until we ' started doing our mechanical inspections ourselves. I think it's a needed area. 53 CITYOF A\ CHANHASSEN 1 .. • _ . . . , . • 1 . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I . MEMORANDUM TO: Jo Ann Olsen, Senior Planner I FROM: Dave Hempel , Sr. Engineering Technician k 4 DATE: December 12 , 1989 I SUBJ: Final Plat Review for Ersbo 1st Addition I File No. 89-17 Land Use Review Upon review of the final plat stamped December 5 , 1989 , prepared I by Demars-Gabriel Land Surveyors, Inc . , I find the plat accep- table with the following conditions or modifications. 1 . A 20-foot wide drainage and utility easement is required I across the easterly 20 feet of Lot 1, Block 1 and also bet- ween Lots 2 and 3, Block 1. I 2 . The drainage and utility easement located on Lot 6, Block 1 should be extended westerly to the west line of Lot 7 , Block I 1. This easement is necessary for an outlet pipe from the sediment pond to the wetland lying west of the plat (see attached) . 3. The applicant shall enter into a development contract with I the City and provide the City with the necessary financial sureties to guarantee the proper installation of these II improvements prior to commencement of any construction or grading. Attachment: Easement Location Detail. I c: Gary Warren, City Engineer I I I I II L- I C �� �� . L r\ G,1\ " �'' —; r) , ,\ 1 \ ,� I , \ I NV - - - — ---— — — - 0. 5o -- 1,-- ..9 • P ;.; r:" t 1 . 1 ....._. ., :::I-..: te I_ -\ nl -- � � I , . ' ,r'oU7/6! /ii7c° C'F L,4,c--E LUG Y Rc).a n ,305. 47 Eosf- - ' __ -30.00° /37 92 o ; Ar �°•LXTE,/D . 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Action by City Administt MEMORANDUM ,/ ��pr Endorsed TO: Gary Warren, City Engineer Rejected Rejected ' FROM: Dave Hempel, Sr. Engineering Technician M.,;( Date ��I3 Date Submitted to Commission DATE: December 12 , 1989 ---- ' Date Submitted to Connor(SUBJ: Approval of Revised Development Contract for i�-'I " 5 Ersbo Addition 1 Project No. 88-16 (pvt) The previous development contract for Ersbo Addition was approved on July 25, 1988 and incorporated the City Council ' s conditions of approval from the previously submitted plat. However, the applicant failed to execute said contract. Since that time, the applicant has replatted this subdivision and therefore modifications are required to the development contract to accommodate the new plat and construction documents. It is therefore recommended that the City Council approve the attached revised development contract for Ersbo First Addition. Attachment: Revised Development Contract c: Richard Ersbo I I OFFICIAL ENGINEERING COPY Received Revision No. Approved by City Engnrer Date i L 1 3 6 Approved by City Council Date 1 I CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) ERSBO FIRST ADDITION SPECIAL PROVISIONS ' AGREEMENT dated , 19 , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City" ) , and RICHARD C. ERSBO, a widower and not remarried (the ' "Developer" ) . 1. Request for Plat Approval. The Developer has asked ' the City to approve a plat for ERSBO FIRST 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 prepared by Demars-Gabriel Land Surveyors, Inc. , approved by the City Council on , 19 ' Plan B--Grading, Drainage, and Erosion Control Plan dated , 19 , prepared by William Engelhardt & Associates, Inc. ' Plan C--Plans and Specifications for Improvements dated , 19 , prepared by William Engelhardt & Associates, Inc. I I 5P-1 I 4. Improvements. The Developer shall install and pay 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 5. Time of Performance. The Developer shall install all required improvements by 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 $ 121 ,807.00 . The amount of the security was calculated as 110% of the following: Site Grading $ 13,000 .00 ' Sanitary sewer $ 25 ,593. 00 Watermain $ 18,432.00 On-site storm sewer $ 10 ,985. 00 Streets $ 28,979.00 Street lights and signs $ 500 .00 Erosion Control $ 6,000 .00 Engineering, surveying, and inspection $ 7 ,244 .00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 110,733.00 ' 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. SP-2 ' I 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: Richard C. Ersbo 1211 Lake Lucy Road ' Chanhassen, MN 55317 Telephone: (612 ) 474-8629 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 Facsimile: (612 ) 537-5739 ' 8. Other Special Conditions. A. Drainage swales shall be provided between the proposed house pads and the upstream slopes to provide adequate drainage around and away from the house pads . ' B. The Developer shall exert all due care to minimize destruction of Lake Lucy Road. All restoration on Lake Lucy Road shall be to the existing 9-ton road section specifications. C. Two 20-foot utility easements shall be provided ' as described previously as part of the final plat review process . D. The Developer shall provide storm sewer ' calculations which verify the preservation of the pre-developed runoff rate and all storm sewer system capacities as part of the plans and specifications review process. ' E. The Developer shall obtain and comply with all conditions of the Watershed District. ' F. Wood-fiber blankets shall be used to stabilize all disturbed slopes of 3:1 or greater. G. The Developer shall be responsible for daily on and off-site cleanup of dirt and debris as a result of construction on this site. H. The Developer shall submit to the City Engineer for approval the following plans and specifications: ' 1 . Detailed street and utility plans and specifications . SP-3 I 2. Final grading, drainage and erosion control I plan. I. The Developer shall meet the following conditions concerning Wetland Alteration Permit Request #88-7: 1. Acquisition of a drainage easement from the adjacent property owner west of the plat. 2 . Approval of a permit from the Minnesota Department of Natural Resources . 3. Creation of a storm water retention pond in the northwest corner of Lot 6, Block 1. 4 . Installation of Type III erosion control between the development and the Class A wetland. 5 . Compliance with conditions of Preliminary Plat #87-36. J. Access to Lots 1 and 6 , Block 1 is solely by driveway to Arlington Court South. Access onto Lake Lucy Road is prohibited. A notice of this limitation shall be recorded against the title of each lot. K. Watermain shall be extended to the southeast property corner between Lots 2 and 3, Block 1 for future looping of the system. L. At such time as a new public street is provided to the south of Lake Lucy Road, the private driveway currently serving the existing home (Lot 1, Block 2) from Lake Lucy Road shall be removed and a new driveway access made to the new public street. M. The Developer shall stake off the trees to be saved at the dripline before initiating construction. N. All trees being removed in excess of 10 inches ' in caliper shall be replaced with an equivalent per caliper inch tree or trees in accordance with a plan approved by the City. 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. 1 SP-4 I CITY OF CHANHASSEN 1 BY: Donald J. Chmiel , Mayor (SEAL) 1 BY: Don Ashworth, City Manager DEVELOPER: Richard C. Ersbo 1 BY: 1 STATE OF MINNESOTA ) ss . COUNTY OF CARVER ) 1 The foregoing instrument was acknowledged before me this day of , 19 , by Donald J. Chmiel , Mayor , 1 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. 1 Notary Public 1 STATE OF MINNESOTA ) ss . 1 COUNTY OF ) The foregoing instrument was acknowledged before me this 1 day of , 19 , by Richard C. Ersbo, a widower and not remarried. 1 Notary Public 1 DRAFTED BY: City of Chanhassen 690 Coulter Drive 1 P.O. Box 147 Chanhassen, MN 55317 ( 612 ) 937-1900 ' SP-5