1a. South Lotus Village, Plan & Spec, Dev Contract, Land Use & Final Plat 1r i t
CITY OF
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
1 MEMORANDUM
TO: Don Ashworth , City Manager
FROM: Gary Warren, City Engineer &-P
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DATE: June 20 , 1989
1 SUBJ: Approval of Plans and Specifications for South Lotus Villas
File No. 89-14 (pvt)
Attached are the construction documents for South Lotus Villas
which include the sanitary sewer, watermain, storm sewer and
roadway plans.
This site was originally known as Outlot A, South Lotus Lake 2nd
1 Addition and is located west of Trunk Highway 101 and north of
South Shore Drive.
Sanitary Sewer and Watermain
1 The proposed extension of the sanitary sewer and watermain is
from South Shore Drive. The watermain has been looped to Trunk
1 Highway 101 to insure adequate flow conditions in the event of an
emergency. Although a 4-inch watermain theoretically should meet
the necessary flow requirements of the subdivision, this is a
1 non-standard size and therefore a 6-inch main would probably cost
the same and should be utilized throughout.
A wet tap connection will be required at Trunk Highway 101.
1 MnDOT permits will be necessary for working in the Trunk Highway
101 right-of-way.
1 The sanitary sewer is 8-inch throughout with standard manholes
for maintenance access since this will be a City owned sewer.
The City shall retain ownership of the 8-inch sanitary sewer and
' the 6-inch watermain system and proper easements need to be shown
on the plat to convey this point. The roadways shall remain pri-
vate.
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Don Ashworth
June 20 , 1989
Page 2
Control
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Grading, Drainage and Erosion Co of
The grading and erosion control plan proposes that the complete '
site will have surface drainage directed either to South Shore
Drive or the ditch along Trunk Highway 101. This surface runoff
shall be contained within the surmountable and barrier curbing of
the site .
The Trunk Highway 101 ditch from South Shore Drive shall be sta-
bilized
using Class A riprap. The applicant has provided storm
sewer calculations for this site which is designed for a 10-year
frequency storm event which meets the City ' s criteria.
The barrier curbing should be extended as shown in Attachment #1
in place of the concrete surmountable curb in accordance with
City standards and to support better parking and aesthetics.
The grading, drainage and erosion control plan calls for the
installation of Type III erosion control on the downstream side
of all fill sections . This conforms to City criteria.
Approval of the plans and specifications for South Lotus Villas
is recommended based upon the following conditions: ° I
1 . The applicant shall enter into a development contract with
the City and provide the City with the necessary financial
sureties to guarantee proper installation of the site
improvements .
2 . All erosion control measures shall be in place prior to the
commencement of any grading, and once in place shall remain
in place throughout the duration of the construction. The
developer shall be responsible for periodic checks of the
erosion controls and shall make all repairs promptly. All
erosion controls shall remain intact until an established
vegetative cover has been produced, at which time removal
shall be the responsibility of the developer.
3 . The developer shall obtain and comply with all conditions of
the Watershed District and the Minnesota Department of
Transportation permits necessary for site construction.
4 . The bituminous surface shall be placed in two "lifts" . The
wear course ( second lift) shall not be placed until the base
course has been through a seasonal freeze/thaw cycle, at
which time approval must be received by the City Engineer
prior to placement.
5 . All sanitary sewer mains shall be televised after the mandrel
test has been successfully completed. A copy of the video
tape and a written report shall be sent to the City and shall
remain the property of the City of Chanhassen.
1.
' Don Ashworth -
June 20 , 1989
Page 3
6 . The developer shall be responsible for daily cleanup on and
' off the site for debris which has resulted from construction
or construction traffic from the site.
' 7 . Construction of all public improvements shall be in accor-
dance with, and conform to, the City ' s Standard Details and
Specifications dated May 9, 1989.
' 8 . Appropriate street signs and a street light shall be
installed.
' 9 . Class A riprap shall be placed in conformance with City stan-
dards in the Trunk Highway 101 ditch at South Shore Drive.
10 . The 4-inch DIP watermain looped through the site shall be
' 6-inch DIP unless a significant cost savings is documented
and concurrence received from the City Engineer.
' 11 . Concrete barrier curbing (B612 ) shall be installed as shown
on Attachment #1 .
12 . Easements over City-owned utilities are to be dedicated on
' the plat.
13 . Three ( 3) sets of revised plans showing the recommended
' changes shall be submitted to the City prior to commencement
of construction .
' 14 . Concrete barrier curbing shall be installed at the catch
basin inlet located at the intersection of South Shore Drive
and Trunk Highway 101 .
Attachments
' 1. Barrier curb locations .
2 . Plans and specifications.
' c: Mike Burton, Gopher State Development Company
Manager' s Comments :
The above recommendations are being made on the basis that all
streets in South Lotus Villas are private.
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SOUTH LOTUS VILLAS
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ATTACHMENT-1 1
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CITY OF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900 ; : {...,,. --'-r
' MEMORANDUM Rdaii!i
TO: Don Ashworth, City Manager
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' FROM: Gary Warren, City Engineer .)\.) `
DATE: June 22 , 1989
1 SUBJ: Approve Development Contract for South Lotus Villas, /11
Gopher State Development Company
File No. 89-14 (pvt)
The attached Development Contract incorporates the City Council ' s
' conditions of approval from the plat and plans and specifications
review process .
1 It is therefore recommended that the City Council approve the
attached development contract for South Lotus Villas and
authorize its execution.
Attachment: Development Contract
c: Mike Burton, Gopher State Development Company
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CITY OF CHANHASSEN 1
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SOUTH LOTUS VILLAS
SPECIAL PROVISIONS
AGREEMENT dated , 19 , by and between ,
the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the
"City" ) , and GOPHER STATE DEVELOPMENT COMPANY, (the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a plat for SOUTH LOTUS VILLAS (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. II
If the plans vary from the written terms of this Contract, the
written terms shall control . The plans are:
Plan A--Plat prepared by Pioneer Engineering.
Plan B--Grading, Drainage, and Erosion Control Plan
dated May 30 , 1989 , prepared by Pioneer
Engineering.
Plan C--Plans and Specifications for Improvements dated
May 30 , 1989 , prepared by Pioneer Engineering.
4. Improvements. The Developer shall install and pay 1
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
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I 5. Time of Performance. The Developer shall install
all required improvements by July 31 , 1990 . The Developer may,
however, request an extension of time from the City. If an
I extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and
the extended completion date.
I6. 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
I improvements, the Developer shall furnish the City with a letter
of credit from a bank, cash escrow, or equivalent ( "Security" )
for $85,709.80. The amount of the security was calculated as
I110% of the following:
Sanitary sewer, watermain,
and on-site storm sewer $ 46 , 455 .00
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Streets $ 22 , 069 .00
Landscaping $ 9 , 394 . 00
ITOTAL COST OF PUBLIC IMPROVEMENTS $ 77 ,918.00
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 July 31, 1990 . The City may draw down the security,
without notice, for any violation of the terms of the Contract.
II 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
1 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
I 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
II 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 :
1 Gopher State Development Company
Attn: Mr . T. Michale Carmody, President
15290 Creekside Court
I Eden Prairie, MN 55346
Telephone: ( 612 ) 934-8500
II 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:
IChanhassen City Hall
690 Coulter Drive
P.O. Box 147
II Chanhassen, Minnesota 55317
Telephone: ( 612 ) 937-1900
Facsimile: ( 612 ) 937-5739
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8. Other Special Conditions.
A. Concrete barrier curb and gutter (86-12) shall
be constructed throughout the site as noted in Exhibit C.
Individual driveways for each unit shall have concrete valley
gutters crossing them for proper storm water drainage.
B. The 8-inch sanitary sewer and the 6-inch water-
main between South Shore Drive and Trunk Highway 101 shall be
dedicated to the City for City ownership when complete and
accepted. The roadways and on-site storm sewer system and inter-
nal
watermain loop shall remain the property of the Developer,
its successors or assigns, including all maintenance respon-
sibilities .
C. A 15-foot wide trail easement shall be dedi-
cated to the City to serve as an interim connection from South
Lotus Villas Drive to the adjoining City park. ,
D. The City has rezoned this property to
High Density Residential (R-12 ) .
E. The maintenance and removal of erosion control
materials shall be the responsibility of the Developer.
F. Utility easements shall be dedicated on the
final plat over all public portions of the sanitary sewer and
watermain. II
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. r
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ICITY OF CHANHASSEN
I BY:
Donald J. Chmiel , Mayor
(SEAL)
I BY:
Don Ashworth, City Manager
GOPHER STATE DEVELOPMENT COMPANY
I
Michael E. Burton,' Vice) President
ISTATE OF MINNESOTA )
ss.
ICOUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
I day of , 19 , by Donald J. Chmiel , Mayor ,
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. -
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INotary Public
STATE OF MINNESOTA )
) ss .
ICOUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
I =�/ day of w,,�,� , 1963$7, by Michael E. Burton, Vice
President of Goipher State Development Company, on behalf of the
company.
OTA
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1 ° : , 1 2 >• Not ry Public
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CITY OF CHANHASSEN
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DEVELOPMENT CONTRACT
(Developer Installed Improvements )
EXHIBIT "B" I
GENERAL CONDITIONS
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1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
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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 il
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 II
multi-phased preliminary plat, the City may refuse to approve
final plats of subsequent phases if the Developer has breached
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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 . II
3. Effect of Subdivision Approval. For two ( 2) years
from the date of this Contract, no amendments to the City ' s
Comprehensive Plan, except an amendment placing the plat in the I
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 II federal law or agreed to in writing by the City and the
Developer . Thereafter , notwithstanding anything in this Contract
to the contrary, to the full extent permitted by state law the II 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 1
Special Provisions of this Contract shall be installed in accor-
dance with City standards , ordinances , and plans and specifiea- II tions 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
Approved by the II
City Council on
2/22/88.
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REVISED 8/8/88 - 19Q, R and S Added.
REVISED 9/20/88 - 191 Revised.
REVISED 3/22/89 - 12 and 17 Revised. II REVISED 4/20/89 - 19T and U Added.
REVISED 6/12/89 6 and 7 Revised.
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' 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 sche-
dule 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 sta-
tioning of all utility stubs, and ( 6) bench mark network.
' 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
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.
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7. Building Construction Escrow. Builders shall II comply with requirements and instructions received from City
officials and staff . Before a building permit is issued for a
home , the permit applicant shall post a cash escrow of $500 . 00
per permit with the City Clerk. Multi-unit applicants shall pay
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an increased fee in proportion to the S.A.C. units. The escrow
shall be used to guarantee compliance with City Ordinances, con-
ditions of plat approval , and other site specific requirements
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such as the maintenance of erosion control measures , the clearing
of dirt, debris and/or litter from City streets and the
surrounding area caused by the builder ' s activity , and to cover
the repair of any damage caused to streets, sidewalks, curbing
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and other City utilities . The cash escrow may be used by the
City to cure default. After the construction activities have
been completed and the site stabilized, the cash escrow, less the
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funds used by the City to cure default, shall be returned to the
permit applicant.
8. Acceptance and Ownership of Improvements. Upon I
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
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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
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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 II 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
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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
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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 I
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- II 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 I
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 II
Chanhassen City Ordinances and City Council resolutions.
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11. Landscaping. Unless the lot already has one tree
on it, the Developer shall plant a tree on every lot in the plat.
Suitable trees include:
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 (2 )
inches caliper, either bare root in season, or balled and
burlapped. The trees may not be planted in the boulevard. In
addition to any sod required as a part of the Erosion Control
Plan (Plan B) , the Developer shall sod the boulevard area and all
drainage ways on each lot utilizing a minimum of four inches of
topsoil as a base. Weather permitting, the trees, sod, and seed
shall be planted before Certificates of Occupancy are issued for
a lot.
12. Warranty. The Developer warrants all work required
to be performed by it against poor material and faulty work-
manship for a 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 .
14. Existing Assessments. Any existing assessments
against the plat will be respread against the plat in accordance
with City standards .
15. Street Lighting. 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 .
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.
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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 ( 2i% ) of
construction costs for the first $1 , 000 ,000 and one and II one-half percent (li% ) 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 inspec-
tions . 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 attor-
neys ' fees .
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
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' 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
' 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.
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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 may 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.
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.
GC-7 '
•
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'
M. Construction Hours. Construction equipment may
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 . 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 .
GC-8
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S. Proof of Title. Upon request, the Developer I
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. II 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
I
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
I
from any claims or actions arising out of the presence, if any,
of hazardous wastes or pollutants on the property.
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 I
suitability of soils nor the cost of correcting any unsuitable
soil conditions which may exist.
I
- - - END OF GENERAL CONDITIONS - - - II
. 1
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C I T Y P.C. DATE: June 7 1
F 939
I \• 10 C.C. DATE: June 26 , 198
CUAUASSEN 1989
CASE NO: 89-1 Land Use
Plan Amend.
Prepared by: JO:v
il STAFF REPORT
I
IIPROPOSAL: Land Use Plan Amendment to Change 1.5 Acres of
Residential Low Density to Residential High
Density
Iz
!i;E
IU LOCATION: Northeast corner of South Shore Drive and TH
101
Cl- APPLICANT: Mr. Michael Carmody Mr. Brian Cluts
Q 15112 Portland Ave. South 7520 Market Place Dr.
IIBurnsville, MN 55337 Eden Prairie, MN 55344 _.
I I
II PRESENT ZONING: PUD-R, Planned Unit Development
ACREAGE: 1. 5 acres
,,,,1 i...y ,` :uini^tr tc`Y
DENSITY: 9 . 3 units/acre
ADJACENT ZONING = - -°-
IAND LAND USE: N- PUD-R, Single Family jf~" "'
S- R-12, Chanhassen Meadows
Q
I — E- Park -2_6 Q W- RSF, City Outlot -S? .
6 W WATER AND SEWER: City services are available to the site.
PHYSICAL CHARAC. : The site is fairly level with a slope
towards TH 101 on the south side of the
site.
2000 LAND USE PLAN: Residential , Low Density
•
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II'
South Lotus Villas
Land Use Plan Amendment
June 7 , 1989
Page 2
' BACKGROUND
' On August 5 , 1985 the City Council approved the final development
plan for the South Lotus Lake Addition. The PUD contained 58
units ( 1 single family residence exists in the extreme northwest
corner of the site) , a five acre park and a boat access site.
t The 57 new units consists of the following housing types: 23
single family homes, 28 townhome units, and 6 twinhome units.
' The applicant amended the PUD plan on July 7, 1986 . The amended
final development plan proposed to eliminate the 28 townhome
units in the center of the PUD and instead plat 14 single family
lots and one outlot. The applicant stated that the overall
number of units originally approved would not change and that the
multiple family outlot would contain 14 units.
On May 22 , 1989 , the City Council approved the preliminary plat
to subdivide 1. 5 acres into 14 individually owned townhome units
and one outlot and approved the site plan review for a 6 and 8
' unit townhome buildings (Attachment #1) .
ANALYSIS
' Currently, the land use plan map designates the subject property
as residential low density. The subject 1. 5 acres has been
approved for 14 units which is defined as Residential High
' Density. Therefore, the land use plan designating the subject
1. 5 acres as residential low density must be amended to designate
the property as residential high density.
' RECOMMENDATION
The proposed land use plan amendment is consistent with the
approved use of the property and will make the land use plan con-
sistent with the zoning map and approved PUD. Staff recommends
the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of Land Use Plan
Amendment #89-1 to change 1. 5 acres of Residential Low Density
to Residential High Density with the following condition:
1. Final plat approval of the 14 townhome units . "
PLANNING COMMISSION ACTION
The Planning Commission unanimously recommended approval of the
land use plan amendment with staff ' s recommended condition.
MB
I
'
South Lotus Villas
Land Use Plan Amendment
June 7, 1989
Page 3
CITY COUNCIL RECOMMENDATION
Staff recommends the City Council adopt the following motion:
The City Council approves Land Use Plan Amendment #89-1 to change
1. 5 acres of Residential Low Density to Residential High Density
with the following condition:
1. Final plat approval of the 14 townhome units. " '
ATTACHMENTS
1. City Council minutes dated May 22, 1989 .
2 . Current land use plan.
3 . Planning Commission minutes dated June 7 , 1989 .
I
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I
City Council Meeting - May 22, 1989
Councilman Boyt moved, Councilman Workman seconded to approve the Wetland
Alteration Permit for development within 200 feet of a Class B wetland at 800
Woodhill Road with the condition that the applicant move the driveway as far to
the left as possible and protect the tree and also construct a drainage swale to
direct the runoff into the wetland. All voted in favor and the motion carried.
D. MICHAEL CARMODY, SOUTH LOTUS VILLAS TOWNHOMES, SOUTH LOTUS LAKE ADDITION.
' Councilman Boyt: In item (d) , the part that I'm interested in is there was some
discussion earlier on about connecting a trail so that people wouldn't have to
go out onto TH 101 in order to access the city park. Rather than spread the
' map out in front of me of this development, there is on the east side of this
development there is a small strip of property off the end of what will be a
cul-de-sac accessing the two buildings and I would like to see the City given
the right, a trail easement if you will, so that people can walk off the end of
' that cul-de-sac, cross that piece of property and access the city park rather
than having to go out onto TH 101 to do that. So that's a condition change that
I'd like to make.
' Mayor Chmiel: Are the applicants here this evening also? Would you like to
address that condition or do you concur with it?
Mike Carmody: I'm Mike Carmody, President of Gopher State Development Company.
I believe we allowed for the easement for the trail in our revised plan.
Councilman Boyt: I think that's the one right on TH 101 which at this point a
doesn't exist. You've allowed the easement so we can build it. What I'm
interested in is until we get a trail built there, I'd like people to be able to
walk across that fairly narrow strip of your property to access the park. I'm
particular concerned that without that we're forcing kids to ride out on TH 101
to get to that park and that's just not a safe situation.
'
Mike Carmody: If there's an easement there, we can't prevent someone from
walking across it.
' Councilman Boyt: No, there isn't one there now. We don't have, I guess the
ability to put the transparency up. You provide an easement along TH 101. My
concern is that people coming from here and there will be kids coming out of
this neighborhood trying to get to the city park up here. What I'd like to have
happen is an easement right here so that kids can walk across that piece of
property.
' Mike Carmody: Would that be permanent?
Councilman Boyt: I could accept that it would exist until this trail is open.
Mike Carmody: I think we can accept that.
Councilman Johnson: Kids will go there anyway.
Mayor. Chmiel: I understand there are some neighbors also. Anyone wishing to
address that? y '�
5
c7,1
•
City Council Meeting ,
Y g - May 22, 1989
Bobbie Kussard: My name is Bobbie Kussard and I live at 7604 South Shore Drive.
I recently moved into the neighborhood out of a townhome development. When I
first spoke with my builder and my architect we had a dollar figure that we
wanted to spend on our home and I gave him that figure and he said forget it.
You can't get into this neighborhood for that kind of money. You have to spend
more. My biggest concern is that these townhomes or whatever they're trying to
build, they're already advertising them for in the 70's. Our neighborhood is
165 and up. Their units will be the front door to our neighborhood and if I
were planning on selling my home in the next year or two, I wouldn't have a
problem with it because I'm sure the units will look okay in the next year or
two. The development I moved out of is about 10 years old now and it looks
terrible. It's really run down and I plan on living in my new home for quite
some time. I'm afraid that nobody's even going to drive into that neighborhood
20 years down the road to look for a new home because they're going to see this
shambles sitting on the corner there. I realize that it needs to be multi
dwelling. I'm wondering if perhaps it could be twin homes. Maybe $90,000.00 to
$100,000.00. Just to keep up with the standards that have been set in our
neighborhood. We had to go by rules and regulations and dollar amounts and
I just think $70,000.00 units are pretty low for our neighborhood and it worries
me for the value of the rest of our homes. Thank you.
Judy Podavels: My name is Judy Podavels and I live at 200 South Shore Court. I
also am concerned about the value difference between the townhomes and the homes
that are already established in the neighborhood. I challenge you to decide for
yourselves if it makes sense to put a $75,000.00 home in with something of
$200,000.00 value. Not only that but I'm concerned about the children that
these townhomes will bring in. Already there is no place for our children to
play. There are no playgrounds in this area of town and they have to go all the
way to Chanhassen school to get a playground. I'm also concerned about the
increased traffic, especially with the realignment onto TH 101. I think that
with the construction of not only the roadway, the diversion of TH 101 being
changed but also the construction of the townhomes, I think that may cause a
problem and I'd like you to consider that when you make your vote. And I'm
worried about again, the increased number of children in the area. They'll be
coming into our schools and will that area of property generate enough tax
revenue to support our schools. Those are my concerns. I had one other
question. I noticed on the agenda tonight that it says a site plan review for a
6 and 8 unit townhome building. We're wondering what that was because the
neighborhood was just aware of the 14 unit townhome development. We're not
aware of any other buildings. '
Councilman Johnson: 6 plus 8 is 14.
Mayor Chmiel: Right. It is a total of 14 units.
Councilwoman Di.mler_: Two buildings. I pulled this mainly so the neighbors, I
had talked to some of them earlier and that they could address their concerns
and I also wanted to know if condition 10 had been met. The developer was
supposed to supply hydrological data showing that the surface drainage will not
erode the existing ditch system. Can somebody answer that for me?
Jo Ann '
Olsen: They've supplied that information.
6
MI
ICity Council Meeting - May 22, 1989
I .3- Councilwoman Dimler: And how about obtaining the
g necessary permit approvals
from MnDot?
' Jo Ann Olsen: They've applied for them. They haven't received anything yet.
It's typical that they don't have those yet.
' Councilman Boyt: I guess I'd like to raise a question. We've had this concern
before about how do we match different income level homes or different price
' level homes. I don't know that we've found a way to do that. In fact, I'm
pretty sure we haven't. The argument that we've heard from developers is well
of course we wouldn't build an inexpensive home next to an expensive home
because we could justify an expensive one and we make more profits on those. But
' I'm convinced the City hasn't figured out a way to integrate values of housing
so that we protect people and their investment. I'm sure that nice people are
going to move into these townhomes but I'm also equally confident that your
concern about what impacts $70,000.00 townhomes are going to have on a
$200,000.00 house is probably pretty accurate. If anyone on the council has
some way to deal with that, I'd sure like to hear it but I haven't come across a
' way yet.
Councilman Workman: I guess Bobbie's biggest concern, I sense that she
understands that perhaps they're going to go in but what safeguards might they
' have against ramshackleness. Does anybody on staff have any idea on how we
might restrict this? I know covenants etc. are not our business and since it's
not our property we can't tell people in the basic sense how to maintain their
111 homes.
Jo Ann Olsen: We've got ordinances that restrict outside storage and like with
the landscaping and things like that that they have to replace. We do have
' certain controls to keep the appearance up. We can't them exactly what to do
like through covenants. That's for them but what we have with our ordinances is
we can enforce.
' Councilman Johnson: Tom, you live in a quad home neighborhood that's about 10
years old.
Counc i.lman Workman: About 5.
Councilman Johnson: Oh, your part but I mean overall they were there before I
' moved to town 8-9 years ago. They really aren't ramshackled or run down.
They've been well maintained. I think it's partially the standard of the city.
If I see the same in downtown Minneapolis 10 years from now I might suspect that
' they're going to be more rundown. Out here I think that partially just the
attitude of the people and the way of life will probably maintain them in a
better condition. That's one way not to worry about it as much but that's no
guarantee.
Mayor. Chmi.el: Any other discussions?
Janet Weaver: My name is Janet Weaver. I live on 31 Hill Street. I didn' t
know about this development that's going on. I'm just hearing about it now.
Where is it located?
L__
7
City Council Meeting - May 22, 1989 ,
Councilman Boyt: South Lotus Lake. There's a park there. There will be a park
there. You know where those new homes have been built on the south end of
Lotus Lake?
Janet Weaver: I live on South Lotus Lake on Hill Street.
Councilman Boyt: Okay, it's right between the new homes and TH 101. '
Janet Weaver: Okay, on that empty piece of property. The thought that was
coming to my mind, I suspected that location. The thought that comes to my mind
that is an area of concern for me would be the amount of cars due to the boat
launching area. At this time there is quite a few cars that fill that up on
weekends and I'm told by my neighbors that they also park along the roadways and
they're not supposed to. I realize there's a sign up there but that has been
happening anyway and that I assume is happening is because the parking lot is
full so if we're looking at moving into this type of a piece of land even more
cars and vehicles, it could be an over-population problem with vehicles alone.
Thank you.
Mayor Chmiel: That could be something for public safety to address from time to
time making sure that that parking is not taking place on those streets.
Jim Chaffee: We have strict enforcement on the weekends. I know the Sheriff
deputies have been out there quite a lot writing a lot of tags.
Mayor Chmiel: Any other discussions?
Paul Struther: I'm Paul Struther with Clutz-O'Brien-Struther Architects and I
wanted to address one item regarding the attempts that we've made to integrate
this with the residential neighborhood adjacent and that is that we, at the
neighbor's behest upgraded the siding to redwood siding. We've introduced brick
on the front of the building. In addition to that we've developed these so that
they have the appearance of a large home rather than a series of townhouses. I
think that within this type of development, I think we've done a pretty good job
at meeting that need. I think one other comment that's not really mine to make
but is the developers is that they worked with the neighbors to develop the
covenants for this project. ,
Mayor Chmiel: Have the neighbors basically seen those specific, what you have
there? Could you show that to the two ladies? '
Bobbie Kussard: Yes, we saw them. They had them at the meeting we were at
before. As far as working on the covenants with us, no. They mailed us a copy
of the covenants which we appreciated but we had no input on the covenants.
Also, as far as covenants go, they guarantee they can't be changed for 30 years
because of the mortage with the bank or whatever. Like I said, I came out of an
association. If people want to change the rules and regulations of that ,
association, they will. These men don't have anything to lose. They have only
something to gain once they sell their units. We're the ones that are going to
lose 10 years down the road when these people have banned together and decided
yes, let's put our sheds up or yes, we can park the boats outside now. We don't
1!1
care. We're the ones who are going to lose. Those rules and regulations,
covenants and by-laws can be changed.
8
MI
City Council Meeting - May 22, 1989
Councilman Workman: Is there anyway that perhaps-the current homeowners in that
area might be able to tie themselves into a homeowners association with the soon
to be townhouse residents? Therefore, keeping a better eye on thy neighbor. I
Iguess. Is that perhaps a chance?
Mayor Chmiel: Roger?
IRoger Knutson: Private covenants are just that. If the people of the
surrounding residential neighborhood and the developer want to get together and
I do that, they certainly can but that's not a condition that the City really can
impose.
Councilman Boyt: I would suggest to you that covenants generally aren't worth
I the paper they're written on because they have to be enforced by the people who
are part of that group. They very seldom will take each other to court. And
when they do it's a sort of long arduous process so I wouldn't count on
I covenants doing anything for us. The developer, is it accurate that you're
selling these units for $70,000.00 or in that neighborhood?
Mike Carmody: Base price will be $77,900.00 and then we'll have lot premiums
IIand options. They'll probably average in the low 80's.
Councilman Boyt: How does that fit the market?
IMike Carmody: We know there's a market for the product.
Councilman Boyt: I mean is that the middle of the general price range for
those? The bottom? The top? Where does it fit?
II Mike Carmody: I would say it's not the very low but it's probably in the upper
low end of the townhouse market. The problem is we've got 1.475 acres for 14
townhouses. We've got them 2 stories, you just can' t get a large unit.. . The
other thing is, there is a fair amount of screening between the buildings and
I the single family. There's a vacant lot on the northwest side of the site.
Those will be single family in about the 150 to maybe 175 range which will be a
transition from the multiple to the. . . Those will be 2 story houses. The
II ground is also higher in that area plus we've got $10,000.00 in our budget for
landscaping and street improvements to the adjacent single family.
Councilman Boyt: When did you buy this piece of property if I might ask?
IMike Carmody: I'd say approximately 3 months ago.
I Councilman Boyt: When those of you who are living in that neighborhood now,
since you purchased your houses in probably the last year, were you informed
about the development of these townhomes when you purchased your property?
So it's sort of a mixed reaction there.
IMayor Cttniel: Any further discussion? Is there a motion?
II Councilman Johnson: I move approval of item 1(d) , parts 1 and 2 here, the
preliminary plat and site plan review with all of staff's conditions plus a
condition that a trail easement be placed along the driveway down and into the
II�- park so that the citizens can have access into the city park through this
9
II
IR
2 1
City Council Meeting - May 22, 1989
subdivision.
Mayor Chmiei: Do I hear a second? Not hearing any second, that motion dies.
Councilman Boyt: I'd like to know from the developer what can you do to help us
meet the concerns of the citizens. You just talked about that you sus
that homes were going to be built that will help transition this. You've met
with them. You sent them a copy of your covenants but apparently that's not
enough. What else can you do?
Mike Carmody: Well we had the neighborhood meeting. We discussed the concerns
of the neighbors and I believe at the meeting there were about a dozen people, a
little more. When I had our attorney draft the covenants and restrictions, he
had instructions from no notes taken from that meeting of the concerns for the
neighborhood. Concern for the upkeep of the grounds...$55.00 per month plus
they are assessed for any additional needed improvements. Similar townhouse
projects, I would say the average association fee is far less than that. The
restrictions do run for a period of 30 years. They are tied to the deed... If
they choose not to enforce them, we don't have any control over that. We feel
because of the quality we're putting into them and the design and the location
that they're going to be well maintained because there's going to be a good
resale value to them. They're right near the lake. They're right near a city.
They're near to a park. For no other reason than they're going to go up in
value and they're going to resale. ..
Councilman Boyt: Well I agree with your location. I guess I'm a little
surprised that you think that all you can sell there is an $80,000.00 townhome. '
You're probably sitting in one of the best locations in that part of the city
and that's all you think the market can bear.
Mike Carmody: The site was approved as a prior PUD for 14 units. I don't know
that price is really the issue. We're offering 1,336 square feet... They've
got a master bedroom that are 13 x 18 and that's bigger than a master bedroom in
most $200,000.00 homes. The fireplace is standard. Central air is standard.
All applicances... I don't know if price is the issue here.. . We could
probably sell them for more. I don't know. Because I'm in marketing, where's
the market for townhouses? I can tell you it's not in the $130,000.00 or
$150,000.00 range.
Councilman Boyt: Well I can tell you how to make it more expensive without
making them any bigger. You can put brick siding on your building. You can
increase the thickness of your interior walls. You can do small things that
have a way of adding up very quickly when we start talking about per unit price.
In a word, the City Council shouldn' t be in the business of designing your
building for you. I am sure that's what you're saying to yourself and I don't
disagree with you.
Mike Carmody: ...As a matter of fact, the owner of the property redesigned our
original plan because of these concerns. .. We put redwood siding on them. .. We
believe the design and the architecture that we have.. .
Councilman Workman: Planning Commission recommendation
on number 2 is additional
landscaping shall be provided along the northeasterly and easterly lot line of
Cilthe site. What was agreed?
10 '
7 /
J
City Council Meeting - May 22, 1989
r— Councilman Boyt: They pulled that out.
Y p
Councilman Workman: They pulled that out?
Councilman Boyt: I think the feeling was they didn't need it.
Jo Ann Olsen: Yes, that one was pulled out.
Councilman Workman: Why was that? I mean that was kind of going to be a
natural barrier from the more expensive homes.
Councilman Boyt: There was one planning commission member didn't feel it was
' needed. Brian's here if you want to put him on the spot.
Brian Batzli: You can put me on the spot but I don't know what that means.
Paul Struthers: I can tell you what did to accommodate that request. We
added 2 Linden trees in this corner. Our discussions with staff indicated that
they wanted something on all sides of the property. The developer' P Pe Y• is interested
in maintaining some view to the park. Drb added 2 Linden trees in this corner to
meet the intention of that request. The neighborhood, single family
neighborhood is well screened by a berm along that property line and large
' conifers.
Councilman Workman: How big are the Linden's going to be?
Paul Struthers: I don't recall that off hand. I think they're 3 1/2 inches.
Jo Ann Olsen: They have to be at least 2 1/2 inch.
Mayor Chmiel: Is there any further discussion? Any additional motions?
' Councilman Workman: Are those Linden trees put into the conditions? Are they
written anywhere?
' Jo Ann Olsen: What they did inbetween the Planning Commission and the Council
is they provided us with amended plans that met a lot of the conditions so we
removed some of those conditions from the Planning Commission.
' Councilman Workman: So the 2 Linden trees are in the plan somewhere?
Mayor Chmiel: Jo Ann, was there a landscape plan suixni_tted with this at all?
Jo Ann Olsen: The new ones, I'm not sure if that. . .
Mayor Chmiel: I don't see it, that's why I'm asking.
Jo Ann Olsen: It's been discussed between staff and the applicant. 14e are
still working.
11 Mayor Chmiel: Tom, you feel that that's necessary to have a couple Linden trees
off on that?
11
City Council Meeting - May 22, 1989
1
Councilman Workman: I guess if they've already been agreed to then I don't
think it would hurt to add them in a condition in there.
Councilman Boyt: I'd like to see that graphic one more time.
we don't have somethi. for e• I apologize that
something you to put it up. How many trees, are those pine
trees there on what appears to be the west side?
Paul Struthers: Yes, those are, I don't recall the species but they're pine
trees. Spruce I believe. ,
Councilman Boyt: How much of that density are they going to create from the
beginning? I assume that's probably a pretty mature tree you're drawing in.
Paul Struthers: Yes, we're showing a mature tree. They'll be 6 foot trees
'
initially. They are on a hillside, existing berm which we're maintaining.
That's why we job the driveway so that we could maintain slope here and create
some screening with the grading.
Councilman Boyt: But what we've got, what we're going to have with the 2 story
building is it's clearly's going to be visible to the homesite off to the west
of it, southwest of it. Yes.
Paul Struthers: Initially, yes I'm sure you will. '
Councilman Boyt: Those are generally 2 story homes in there. You're building a
2 story townhome. j
Paul Struthers: I think the forms of the buildings are compatible. You will L
see a roof but again it's not a flat roof or say a comptemporary roof style. Our
intention was to produce a building apperance that was similiar in character
with existing homes and the type likely to be developed next door.
Councilman Boyt: You talk about a fee that you're going to charge the people, ,
an association fee or that sort of thing. Is that correct? In that you have
a a
building maintenance component?
Paul Struthers: You should ask the developer that.
Mike Carmody: Yes we do. That will cover down to 30 years for driveway. 25
years for roof. Painting on a 5 year cycle. Ground maintenance on an annual
basis. Insurance.
Councilman Boyt: Okay. You said 30 years for a driveway? Is that what you
just said?
Mike Carmody: I think it was 30 or 35.
Councilman Boyt: Is that asphalt you're there?
P y putting in there.
Mike Carmody: Yes. '
Councilman Boyt: Well I would suggest 15.
12 '
■
City Council Meeting - May 22, 1989
' Mike Carmody: We're putting in an extra heavy base and we're putting in a 3
-- inch wear course on that. The main drive coming in is going to be built to city
1 standards of 28 feet with V6.. .curb all the way around the outside of the
development. ..
Councilman Boyt: Where is your trash dumpster going to be?
' Mike Carmody: There won't be one.
' Councilman Boyt: Oh, it's an individual pick-up?
Mike Carmody: Yes.
' Councilman Boyt: So you're going to have a trash hauling truck that comes up
that?
Mike Carmody: Yes.
Councilman Boyt: Well you've just tested that asphalt to the extent of any city
' road would be tested. 30 years is reasonable?
Gary Warren: For an expected life?
' Councilman Boyt: Yes.
Gary Warren: With routine maintenance.
Councilman Boyt: And you have funds in your association fee to provide for
i-- routine maintenance of the asphalt?
' Mike Carmody: We've allowed for sealcoating. ..
Councilman Boyt: Painting every 5 years and the roof is how long? Well
' gentlemen, I can't think of any reason why we shouldn't pass this.
Councilwoman Dimler: Can I ask just one question? How much are the association
' dues per year per unit?
Mike Carmody: They're $55.00 per month per unit with the clause that they can
raise it 5% per year. 5% the first year and then I believe it was an extra 10%
' plus if there's a shortfall, they can levy additional assessments.
Councilwoman Dimler: And you feel that that will cover all your expenses for
' maintenance? That sounds kind of low to me.
Mike Carmody: We're basing our figures on our knowledge of the townhouse market
and similar projects that other builders have done. For example, Rottlund Homes
built a 110 unit project and their association fees are $38.00 per month for the
first year. We're certainly higher than that.
Councilwoman Dimler: You're only 14 units, I guess that's my concern that
that's not going to be enough to cover everything. I know that we don't have
any authority to tell you how to build your place but I guess just as a comment,
what I'd like to see, to keep the concerns of the neighborhood, at least if we
' 13
City Council Meeting - May 22, 1989
aren't going to do anything to the interior, if we could go with the brick
exterior and keep the outside up because that is their view. The people will
see that first and then they don't see the rest of the neighborhood and the
bigger homes.
Mike Carmody: .. .We originally came in with aluminum siding which was
maintenance free.
Councilwoman Dimler: I like brick.
Councilman Boyt: I think what we have identified here is the reason why we need
to look at our ordinances in regards to the size of townhouses and apartments.
The size lots because those impact on dollar value. Certainly we need
affordable housing. We need to deal with the buffer but I don't think we can do -
any of it because I don't think we have the ordinance ability. So given
responses we've heard, I'm afraid that we need to just face up to the idea that
this is going to be approved. The City needs to do everything it can to police
it and I would make a motion that we approve item 1(d) as amended by Mr. Workman
and my condition.
Councilman Johnson: I'll second that.
Don Ashworth: For clarificiation, did that include the walkway easement?
Councilman Boyt: Yes.
Don Ashworth: Was that permanent then or temporary? I
Councilman Boyt: It was stated temporary until the trail on TH 101 is built.
Councilman Boyt moved, Councilman Johnson seconded to approve Preliminary Plat
#89-6 and Site Plan #89-4 as shown on the plans dated April 10, 1989 with the
following conditions:
1. The land use will be amended to Residential-High Density. '
2. All side slopes greater than 3:1 will need erosion protection.
3. Concrete curb and gutter shall be constructed throughout the site except
along driveways, which shall have valley gutter construction.
4. All necessary permits for the site construction shall be obtained. ,
5. The developer shall supply hydrological data showing that surface drainage
will not erode the existing ditch system. Unless the developer changes the
drainage to flow to South Shore Drive instead of TH 101 ditch as shown on
the plans.
6. Provide a trail easement for a temporary walkway to the City Park until such I
time as the trail along TH 101 is constructed.
Cil
14 ,
■
' . City Council Meeting - May 22, 1989
7. Provide the addition of 2 more Linden trees on the landsca pe plan:
All voted in favor and the motion carried.
' Roger Knutson: Excuse me Mayor. The motion was specifically d(1) . Did not
include d(2) .
Mayor Chmiel: It was my understanding covering as it was mentioned making both
of those 1 and 2.
Councilman Boyt: I would approval of item d(2) .
' Councilman Johnson: I'll second that.
' Councilman Boyt moved, Councilman Johnson seconded to approve Site Plan Review
for a 6 and 8 unit townhome building for South Lotus Villas Townhomes. All
voted in favor and the motion carried.
H. NORTH SIDE PARKING LOT IMPROVEMENT PROJECT 87-17.
' Councilman Workman: I believe the last time that we discussed this as a council
the primary concern that had was the south exit onto TH 101 or West 78th
coming out by the clock tower. I did talk to Gary today briefly. I guess I
would just like to bring it up before the Council. I know Gary Ehret is here
also. Maybe get some more comments. The Planning Commission didn't look at
that aspect of it again?
Brian Batzli: I made a comment but everyone else seemed satisfied with it.
Councilman Workman: I guess I'd like comments from the Council then as far as
how they feel that south exit is.
Councilman Johnson: I'll start on that. I'll basically make the same comment I
' made last time. As you can read in here, they did a lot of negotiation with the
property owners that are paying for these improvements, that are being assessed
for their improvements and the only way they will submit to giving that property
' to their, it's their property. They own i.t. They are going to deed it to the
City at no cost and then they're going to pay to have it upgraded at their cost
and they need that access according to their businesses. Take that access away,
they're going to retract their offer to sell us the land, from what I read here.
Then we've got no parking lot. No medical building. No development.
Councilman Workman: Are you saying they're threatening us Jay?
' Councilman Johnson: That's the tone I get out of here. They didn' t threaten.
That's basically the agreement we made with them for this parking lot and if we
change the agreement, go back on the agreement, they have the right to do that.
Then we'll have to go into condemnation to condemn their land and buy it from
them to do the same thing. In condemnation they may win the same argument
anyway.
11-
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II ' Planning Commission Meeting
June 7, 1989 - Page 9
of emergent vegetation in areas of shallow water and thereby
I increase interspersion of open water with emergent vegetation.
d. The basin will have a layer of topsoil (muck from the existing
Iwetland being filled) on the bottom on the basin to provide a
suitable substrate for aquatic vegetation. The applicant may use
existing muck in the basin if it already exists.
Ie. The basin will have water level control (culverts, riser pipe,
overflow area, etc. ) to minimize disturbances of wildlife using the
wetland .
If. The basin will have fringe of shrubs on upland surrounding the
basin to minimize disturbances of wildlife using the wetland .
8. The applicant shall minimize the drainage of fertilizer and chemicals
into the wetland.
IAll voted in favor and the motion carried .
IPUBLIC HEARING:
LAND USE PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION OF ONE ACRE OF
RESIDENTIAL LOW DENSITY TO RESIDENTIAL HIGH DENSITY ON PROPERTY ZONED PUD-R
lk:
AND LOCATED IN SOUTH LOTUS LAKE ADDITION, MICHAEL CARMODY.
Public Present:
IName Address
Bobbie Kussard 7604 South Shore Drive
I Judi Podevels 200 South Shore Drive
Eunice Peters 7660 South Shore Drive
Jeanette Lappen 140 South Shore Drive
IJudy Schmieg 200 West 77th Street
Michael Carmody Applicant
Paul Struthers Architect for the Applicant
illJo Ann Olsen presented the staff report .
IConrad: Don' t we have a zoning district called PUD?
Olsen: That ' s the zoning and this is the Comprehensive Plan .
IConrad: So back in the Comprehensive Plan, that is not carried forth?
That is still broken down into the other categories so a PUD does not over
ride a Comprehensive Plan?
IOlsen : What it is is you just want them to be consistent .
liChairman Conrad called the public hearing to order .
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Planning Commission Meeting
June 7, 1989 - Page 10
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Conrad : This is a case where the zoning is there. We have changed the
zoning. In essence we are allowing high density. We' re now bringing the
Comprehensive Plan back into sync.
Emmings : I 'm curious why the City isn ' t the applicant on this . Why do the
property owners have to go through this? This is a housekeeping thing for
the City really isn ' t it? '
Conrad: But the City is not the owner .
Emmings: Yes but the City is the one who ' s concerned about the '
Comprehensive Plan being coordinated with what it' s done with it' s zoning .
It doesn ' t matter , it's here but I was just surprised that it wasn' t the
City and I 'm surprised that there' s a condition on it too. I don' t quite
understand that but anyway.
Conrad : This is a public hearing , are there any comments? '
Jeanette Lappen: I just wanted a clarification? I live in that area. Are
we talking about one lot to be zoned high density or two lots? 3 acres? '
Olsen: It' s the outlot that is 1. 5 acres .
Jeanette Lappen: Okay, so we' re just talking about one lot? Then all the
other lots are zoned residential low density?
Olsen : They' re all zoned PUD-R. Planned Unit Development but the
underlying, the Comprehensive Plan, the land use is low density.
Bobbie Kussard : That means you can ' t have multi-unit dwellings?
Olsen: No, you have a certain number of units per acre that you can have
and it comes out to I think 3. 4 units per acre. With a high density we ' re
talking about 12 units per acre and that ' s where you need the high density. I
Bobbie Kussard: So right now they don' t have that density so they can' t
build those 14 units until they get the high density? '
Olsen: Technically they already have approval of the zoning .
Bobbie Kussard : That ' s what I mean , what are we doing here? '
Conrad: The zoning takes precedent and the zoning was achieved basically
the last time when we reviewed this issue and we allowed the townhouse
units there. What we' re doing right now is saying okay, the zoning was
already approved . Now this little master plan , this theoretical plan that
we give to the Metropolitan Council , we' re trying to put that back in sync
with the zoning that we 've already granted . We try to just keep those two
in sync.
Bobbie Kussard : They don ' t have to go back to the City Council or
anything? I mean they' re approved and everything .
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II , Planning Commission Meeting
June 7, 1989 - Page 11
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IConrad : This is really a formality than anything else that we' re doing
tonight.
IOlsen : It does have to go in front of the Council .
Conrad: It does go to the Council but the fact that they have agreed at
I this point in time with the zoning , with the townhouses , that is what the
City follows and that' s the law basically. The Comprehensive Plan is this
ivory tower little document that we' re now adjusting to reflect what we've
I granted already. I know it' s not easy for me to communicate what' s
happening .
Bobbie Kussard : Then you guys made a boo boo. It shouldn' t have been
Iapproved until . . .
Conrad : No, that' s not true. We gave it, that whole area to be a PUD. We
I said in that area we' ll let it be a PUD and when you allow it to be that,
then you can do exactly what they did. You can have some high density over
here and some low density over here. So no, we didn' t make a boo boo. We
I knew what we were doing and now we' re just trying to sync things up. There
are a lot of mistakes we do make. This was not a case where it was bad
planning .
Bobbie Kussard : When I first looked at the site development and selected
by lot, there wasn't a little picture of 14 little squares up over there so
to my knowledge there wasn ' t going to be 14 little square up there. So I
I assumed we were probably. . .and it was low density. Originally I thought
there was going to be a couple houses up there and not 14 little things.
I Conrad: It' s a real valid point and yet you almost have to know, I 'm sure
when you bought your house you would have had to come into the City and say
what are we zoned and somebody would have said, well you ' re zoned PUD. And
you probably wouldn' t be , and this is not a criticism, but you wouldn ' t
I know the right questions to ask. You wouldn' t say well could there be high
density across the street from us .
I Bobbie Kussard : No, but I would have said can there be 14 little squares
across the street from me. That I would have said.
Olsen : And they would have been told yes .
IJeanette Lappen: I 'm not sure, is the whole area PUD so that means any lot
in that whole 30 lot area can be zoned for multi-unit dwellings?
IOlsen: It's already been, the PUD had a concept plan originally. That ' s
where everything was approved . What could happen. The only way that they
could change that would be to come through with an amendment. Again, this
Ioutlot was approved for 14 units per acre.
Jeanette Lappen: And was that the only one in that area?
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Planning Commission Meeting
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June 7, 1989 - Page 12
Olsen : We had some duplex lots but those are there. That was the only
high density.
Emmings : And you should understand , if my recollection is correct, when
they showed us the concept plan, the lot on which the townhouses will sit,
111
were intended for high density right from the beginning as I recall .
Jeanette Lappen: I think then as a secondary issue that has nothing to do I
with you is , well in a way it does , is the fact that when we looked at this
beautiful map of our area that the real estate agent gave us, or whoever
gave us , it showed parkland. It showed supposed swingsets and supposed
tennis courts and supposed houses and all the lots had little houses drawn
on them but lo and behold , that one square that will have 14 units on it
now, showed this big square that looked like it was a continuation of the
park. So in a way it was , I feel like we were intentionally misled so if
111
someone knew what they were doing and there was nothing on it that would
ever lead you to believe that, in fact it was. . . led to believe that that
was part of the park.
Emmings: Now you're talking about the honesty of the developer.
Jeanette Lappen: Well I wouldn' t say that. '
Emmings : I think you are . You' re talking about number one, whether it was
misrepresented to you or not, I don' t know but part of the sales pitch may ,
well have been intentionally constructed to make you feel that way so that
you wouldn' t ask what' s going here. I don' t know if it was or wasn ' t but
that' s not unheard of either .
Conrad : It ' s a tough issue and it goes back to how forthright usually
realtors are in communicating that and sometimes they don' t know
everything . They know they have some land to sell and they' re not sure how I
the rest of it ' s going to be developed. The point of a PUD is hopefully a
valid point . We allow them and in many cases it allows some of the land to
be put to different uses. We break rules in PUD' s where we feel that if
you have a significant amount of land , you can cluster some houses and put
higher density and then give other houses a much lower density. In many
cases it' s really fine planning . It ' s what you wanted to do and we' ve been
trying to encourage that over many, many years here. It doesn' t always
work out . The Planning Commission typically has different standards than
the City Council on what a good PUD is. In fact we very seldom, we don' t
always agree on what a good PUD is . On this particular one I can ' t
remember if we agreed with it or not but anyway.
Erhart : More importantly, what did we get in return for the high density?
Usually an area like this that was zoned RSF and we provided high density
in one area , we had to get something in return for the neighborhood .
Olsen: There was a transfer of land for parkland .
Erhart : So there was some additional parkland that we picked up.
Unfortunately it wasn' t, was it in that neighborhood? ,
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Planning Commission Meeting
June 7, 1989 - Page 13
1
Conrad : So the City got the boat launch is what it got out of this land .
' The neighbors didn ' t want the boat launch but it got something .
Emmings moved , Batzli seconded to close the public hearing . All voted in
Ifavor and the motion carried . The public hearing was closed .
I Emmings: My only question is why there' s a condition on this . What
happens to the land, don' t we want to amend the Comprehensive Plan anyway?
I Olsen : The only reason I can think that it wasn' t done originally was that
in case they did come back and go through the amendment and then use it as
single family or low density.
I Emmings: Right now we know that this piece is going to be some form of
higher density. We' re not going to give them low density on this so why
wouldn' t we amend our plan anyway?
Batzli : They could come back in and redo their PUD if they decided not to
build the townhomes there.
Olsen : That ' s the only reason I put that condition is just to , it ' s not
that necessary of a condition. We know that they' re going to go through
but once they do plat it into those 14 individual lots , townhome lots , then
Iwe know that it is going to pretty much go through.
Emmings : It' s not worth anymore . I ' ll go along with i.t. I don ' t feel
Istrongly about it.
Batzli : Well he asked by question so it' s okay.
II Headla: I asked the question before on the previous thing and I lost so
I ' ll go along with this one .
IConrad: I have no comments .
Batzli moved , Emmings seconded that the Planning Commission recommend
approval of Land Use Plan Amendment #89-1 to change 1. 5 acres Residential
Low Density to Residential High Density with the following condition :
1. Final plat approval of the 14 townhome units .
IAll voted in favor and the motion carried .
IPUBLIC HEARING:
ARGUS DEVELOPMENT, PROPERTY ZONED PUD-R AND LOCATED ON THE EAST OF AUDUBON
IROAD AND SOUTH OF CHANHASSEN LAKES BUSINESS PARK, LAKE SUSAN HILLS WEST 3RD
ADDITION:
A. PRELIMINARY PLAT TO SUBDIVIDE 35 . 79 ACRES INTO 55 SINGLE FAMILY LOTS .
B. WETLAND ALTERATION PERMIT FOR ALTERATION OF A CLASS B WETLAND.
I / LI
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CITY O
a
I i_ • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
,..,..;n ^y City 1,i-nin;sirstot
IMEMORANDUM Pr
TO: Don Ashworth, City Manager
oz.o_�o-�z �� 5 -
' FROM: Jo Ann Olsen, Senior Planner Date S„ ;�il•:ed to Co r,issiSI
DATE: June 21 , 1989
II Cste :;..,Tit:c+; to t;�.,tttq�ci!
SUBJ: Final Plat for South Lotus Villas --26-f-L°,
IIOn May 22, 1989, the City Council approved the preliminary plat
#89-6 for South Lotus Villas with the following conditions :
II1. The land use will be amended to Residential-High Density.
2 . All side slopes greater than 3 :1 will need erosion protec-
I tion.
3 . Concrete curb and gutter shall be constructed throughout the
1 site except along driveways, which shall have valley gutter
construction.
4 . All necessary permits for site construction shall be
Iobtained.
5. The Developer shall supply hydrological data showing that
I surface drainage will not erode the existing ditch system.
(Unless the developer changes the drainage to flow to South
Shore Drive instead of T.H. 101 ditch as shown on the plans. )
I6 . The applicant shall provide a trail easement for a temporary
walkway to be placed along the driveway to the park
property to the east of the subject site until such time as
1 the trail along TH 101 is constructed.
The applicant has submitted a final plat which is consistent with
I the approved preliminary plat. The final plat must provide a
utility easement over city owned/maintained lines. A separate
trail easement document in conformance with Condition #6 must be
1 provided prior to signing the final plat.
RECOMMENDATION
IIStaff recommends the City Council adopt the following motion:
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Mr. Don Ashworth
June 21, 1989
Page 2
"The City Council approves the final plat #89-6 for South Lotus
Villas as shown on the plans dated A . -± , 1989, and subject to
the following conditions :
1. Execution of a development contract and submission of the
necessary financial security.
2 . The applicant shall provide a trail easement for a temporary
walkway to be placed along the driveway to the park
property to the east of the subject site until such time as
the trail along TH 101 is constructed.
3 . The applicant shall provide utility easements over city
owned/maintained lines. "
ATTACHMENTS
1. City Council minutes dated May 22, 1989 .
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City Council Meeting - May 22, 1989
Councilman Boyt moved, Councilman Workman seconded to approve the Wetland
1 Alteration Permit for development within 200 feet of a Class B wetland at 800
' Woodhill Road with the condition that the applicant move the driveway as far to
the left as possible and protect the tree and also construct a drainage swale to
direct the runoff into the wetland. All voted in favor and the motion carried.
D. MICHAEL CARMODY, SOUTH LOTUS VILLAS TOWNHOMES, SOUTH LOTUS TUS LAKE ADDITION.
II Councilman Boyt: In item (d) , the part that I'm interested in is there was some
discussion earlier on about connecting a trail so that people wouldn't have to
go out onto TH 101 in order to access the city park. Rather than spread the
' map out in front of me of this development, there is on the east side of this
development there is a small strip of property off the end of what will be a
cul-de-sac accessing the two buildings and I would like to see the City given
the right, a trail easement if you will, so that people can walk off the end of
that cul-de-sac, cross that piece of property and access the city park rather
than having to go out onto TH 101 to do that. So that's a condition change that
I'd like to make.
' Mayor Chmi:el: Are the applicants here this evening also? Would you like to
address that condition or do you concur with i.t?
Mike Carmody: I'm Mike Carmody, President of Gopher State Development Company.
I believe we allowed for the easement for the trail in our revised plan.
' Councilman Boyt: I think that's the one right on TH 101 which at this point
doesn't exist. You've allowed the easement so we can build it. What I'm
interested in is until we get a trail built there, I'd like people to be able to
' walk across that fairly narrow strip of your property to access the park. I'm
particular concerned that without that we're forcing kids to ride out on TH 101
to get to that park and that's just not a safe situation.
'
Mike Carmody: If there's an easement there, we can't prevent someone from
walking across it.
' Councilman Boyt: No, there isn't one there now. We don't have, I guess the
ability to put the transparency up. You provide an easement along TH 101. My
concern is that people coming from here and there will be kids coming out of
'
this neighborhood trying to get to the city park up here. What I'd like to have
happen is an easement right here so that kids can walk across that piece of
property.
Mike Carmody: Would that be permanent?
Councilman Boyt: I could accept that it would exist until this trail is open.
Mike Carmody: I think we can accept that.
Councilman Johnson: Kids will go there anyway.
Mayor. Chmiel: I understand there are some neighbors also.
Anyone wishing to
address that?
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City Council Meetin g - May 22, 1989
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Bobbie Kussard: My name is Bobbie Kussard and I live at 7604 South Shore Drive.
I recently moved into the neighborhood out of a townhome development. When I
first spoke with my builder and my architect we had a dollar figure that we
wanted to spend on our have and I gave him that figure and he said forget it.
You can't get into this neighborhood for that kind of money. You have to spend
more. My biggest concern is that these townhcmes or whatever they're trying to
build, they're already advertising them for in the 70's. Our neighborhood is
165 and up. Their units will be the front door to our neighborhood and if I
were planning on selling my home in the next year or two, I wouldn't have a
problem with it because I'm sure the units will look okay in the next year or
two. The development I moved out of is about 10 years old now and it looks
terrible. It's really run down and I plan on living in my new home for quite
some time. I'm afraid that nobody's even going to drive into that neighborhood
20 years down the road to look for a new home because they're going to see this
shambles sitting on the corner there. I realize that it needs to be multi.
dwelling. I'm wondering if perhaps it could be twin homes. Maybe $90,000.00 to
$100,000.00. Just to keep up with the standards that have been set in our
neighborhood. We had to go by rules and regulations and dollar amounts and
I just think $70,000.00 units are pretty low for our neighborhood and it worries
me for the value of the rest of our homes. Thank you.
Judy Podavels: My name is Judy Podavels and I live at 200 South Shore Court. I
also am concerned about the value difference between the townhomes and the homes
that are already established in the neighborhood. I challenge you to decide for
yourselves if it makes sense to put a $75,000.00 home in with something of
$200,000.00 value. Not only that but I'm concerned about the children that
these townhomes will bring in. Already there is no place for our children to
play. There are no playgrounds in this area of town and they have to go all the
way to Chanhassen school to get a playground. I'm also concerned about the
increased traffic, especially with the realignment onto TH 101. I think that
with the construction of not only the roadway, the diversion of TH 101 being
changed but also the construction of the townhomes, I think that may cause a
problem and I'd like you to consider that when you make your vote. And I'm
worried about again, the increased number of children in the area. They'll be
coming into our schools and will that area of property generate enough tax
revenue to support our schools. Those are my concerns. I had one other
question. I noticed on the agenda tonight that it says a site plan review for a
6 and 8 unit townhome building. We're wondering what that was because the
neighborhood was just aware of the 14 unit townhome development. We're not
aware of any other buildings.
Councilman Johnson: 6 plus 8 is 14.
Mayor Chmi.el: Right. It is a total of 14 units.
Councilwoman Dimler: Two buildings. I pulled this mainly so the neighbors, I
had talked to some of them earlier and that they could address their concerns
and I also wanted to know if condition 10 had been met. The developer was
supposed to supply hydrological data showing that the surface drainage will not
erode the existing ditch system. Can somebody answer that for me? '
Jo Ann Olsen: They've supplied that information.
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City Council Meeting - May 22, 1989
II
Councilwoman Dimler: And how about obtaining the necessary permit approvals
from MnDot?
IJo Ann Olsen: They've applied for them. They haven't received anything
Y et.
It's typical that they don't have those yet.
' Councilman Boyt: I guess I'd like to raise a question. We've had this concern
before about how do we match different income level homes or different price
' level homes. I don't know that we've found a way to do that. In fact, I'm
pretty sure we haven't. The argument that we've heard fram developers is well
of course we wouldn't build an inexpensive home next to an expensive home
because we could justify an expensive one and we make more profits on those. But
' I'm convinced the City hasn't figured out a way to integrate values of housing
so that we protect people and their investment. I'm sure that nice people are
going to move into these townhomes but I'm also equally confident that your
' concern about what impacts $70,000.00 townhomes are going to have on a
$200,000.00 house is probably pretty accurate. If anyone on the council has
some way to deal with that, I'd sure like to hear it but I haven't come across a
' way yet.
Councilman Workman: I guess Bobbie's biggest concern, I sense that she
understands that perhaps they're going to go in but what safeguards might they
' have against ramshackleness. Does anybody on staff have any idea on how we
might restrict this? I know covenants etc. are not our business and since it's
not our property we can't tell people in the basic sense how to maintain their
homes.
. Jo Ann Olsen: We've got ordinances that restrict outside storage and like with
' the landscaping and things like that that they have to replace. We do have
certain controls to keep the appearance up. We can't them exactly what to do
like through covenants. That's for them but what we have with our ordinances is
we can enforce.
' Councilman Johnson: Tom, you live in a quad home neighborhood that's about 10
years old.
Councilman Workman: About 5.
Councilman Johnson: Oh, your part but I mean overall they were there before I
moved to town 8-9 years ago. They really aren't ramshackled or run down.
They've been well maintained. I think it's partially the standard of the city.
If I see the same in downtown Minneapolis 10 years from now I might suspect that
' they're going to be more rundown. Out here I think that partially just the
attitude of the people and the way of life will probably maintain them in a
better condition. That's one way not to worry about it as much but that's no
' guarantee.
Mayor Chmiel: Any other discussions?
Janet Weaver_: My name is Janet Weaver. I live on 31 Hill Street. I didn' t
know about this development that's going on. I'm just hearing about it now.
Where is it located?
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City Council Meeting - May 22, 1989 . II
Councilman Boyt: South Lotus Lake. There's a
Y park there. There will be a park
there. You know where those new homes have been built on the south end of
Lotus Lake?
Janet Weaver: I live on South Lotus Lake on Hill Street.
Councilman Boyt: Okay, it's right between the new homes and TH 101. '
Janet Weaver: Okay, on that empty piece of property. The thought that was
coming to my mind, I suspected that location. The thought that comes to my mind
that is an area of concern for me would be the amount of cars due to the boat
launching area. At this time there is quite a few cars that fill that up on
weekends and I'm told by my neighbors that they also park along the roadways and
they're not supposed to. I realize there's a sign up there but that has been
happening anyway and that I assume is happening is because the parking lot is
full so if we're looking at moving into this type of a piece of land even more
cars and vehicles, it could be an over-population problem with vehicles alone.
Thank you.
Mayor Chmiel: That could be something for public safety to address from time to ,
time making sure that that parking is not taking place on those streets.
Jim Chaffee: We have strict enforcement on the weekends. I know the Sheriff
deputies have been out there quite a lot writing a lot of tags.
Mayor Chmiel: Any other discussions?
Paul Struther: I'm Paul Struther with Clutz-O'Brien-Struther Architects and I
wanted to address one item regarding the attempts that we've made to integrate
this with the residential neighborhood adjacent and that is that we, at the
neighbor's behest upgraded the siding to redwood siding. We've introduced brick
on the front of the building. In addition to that we've developed these so that
they have the appearance of a large home rather than a series of townhouses. I
think that within this type of development, I think we've done a pretty good job
at meeting that need. I think one other comment that's not really mine to make
but is the developers is that they worked with the neighbors to develop the
covenants for this project.
Mayor C niel: Have the neighbors basically seen those specific, what you have
there? Could you show that to the two ladies? '
Bobbie Kussard: Yes, we saw them. They had them at the meeting we were at
before. As far as working on the covenants with us, no. They mailed us a copy
of the covenants which we appreciated but we had no input on the covenants.
Also, as far as covenants go, they guarantee they can't be changed for 30 years
because of the mortage with the bank or whatever. Like I said, I came out of an
association. If people want to change the rules and regulations of that
association, they will. These men don't have anything to lose. They have only
something to gain once they sell their units. We're the ones that are going to
lose 10 years down the road when these people have banned together and decided
[!!
yes, let's put our sheds up or yes, we can park the boats outside now. We don't
care. We're the ones who are going to lose. Those rules and regulations,
covenants and by-laws can be changed.
Cil
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City Council Meeting - May 22, 1989
ICouncilman Workman: Is there anyway that perhaps the current homeowners in that
area might be able to tie themselves into a homeowners association with the soon
to be townhouse residents? Therefore, keeping a better. eye on thy neighbor. I
Iguess. Is that perhaps a chance?
Mayor Chmiel: Roger?
IRoger Knutson: Private covenants are just that. If the people of the
surrounding residential neighborhood and the developer want to get together and
I do that, they certainly can but that's not a condition that the City really can
impo se.
Councilman Boyt: I would suggest to you that covenants generally aren't worth
I the paper they're written on because they have to be enforced by the people who
are part of that group. They very seldom will take each other to court. And
when they do it's a sort of long arduous process so I wouldn't count on
I covenants doing anything for us. The developer, is it accurate that you're
selling these units for $70,000.00 or in that neighborhood?
Mike Carmody: Base price will be $77,900.00 and then we'll have lot premiums
II and options. They'll probably average in the low 80's.
Councilman Boyt: How does that fit the market?
IIMike Carmody: We know there's a market for the product.
If Councilman Boyt: I mean is that the middle of the general price range for
those? The bottom? The top? Where does it fit?
Mike Carmody: I would say it's not the very low but it's probably in the upper
Ilow end of the townhouse market. The problem is we've got 1.475 acres for 14
townhouses. We've got them 2 stories, you just can't get a large unit.. . The
other thing is, there is a fair amount of screening between the buildings and
I the single family. There's a vacant lot on the northwest side of the site.
Those will be single family in about the 150 to maybe 175 range which will be a
transition from the multiple to the. .. Those will be 2 story houses. The
II ground is also higher in that area plus we've got $10,000.00 in our budget for
landscaping and street improvements to the adjacent single family.
Councilman Boyt: When did you buy this piece of property if I might ask?
IMike Carmody: I'd say approximately 3 months ago.
I Councilman Boyt: When those of you who are living in that neighborhood now,
since you purchased your houses in probably the last year, were you informed
about the development of these townhomes when you purchased your property?
So it's sort of a mixed reaction there.
IMayor. Chmiel: Any further discussion? Is there a motion?
II Councilman Johnson: I move approval of item 1(d) , parts 1 and 2 here, the
preliminary plat and site plan review with all of staff's conditions plus a
condition that a trail easement be placed along the driveway down and into the
IIpark so that the citizens can have access into the city park through this
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City Council Meeting - May 22, 1989
subdivision.
Mayor_ Chmiel: Do I hear a second? Not hearing any second, that motion dies.
Councilman Boyt: I'd like to know from the developer what can you do to help us
meet the concerns of the citizens. You just talked about that you suspected
that homes were going to be built that will help transition this. You've met
with them. You sent them a copy of your covenants but apparently that's not
enough. What else can you do?
Mike Carmody: Well we had the neighborhood meeting. We discussed the concerns
of the neighbors and I believe at the meeting there were about a dozen people, a
little more. When I had our attorney draft the covenants and restrictions, he
had instructions from no notes taken from that meeting of the concerns for the
neighborhood. Concern for the upkeep of the grounds...$55.00 per month plus
they are assessed for any additional needed improvements. Similar townhouse
projects, I would say the average association fee is far less than that. The
restrictions do run for a period of 30 years. They are tied to the deed... If
they choose not to enforce them, we don't have any control over that. We feel
because of the quality we're putting into them and the design and the location
that they're going to be well maintained because there's going to be a good
resale value to them. They're right near the lake. They're right near a city.
They're near to a park. For no other reason than they're going to go up in
value and they're going to resale...
Councilman Boyt: Well I agree with your location. I guess I'm a little
surprised that you think that all you can sell there is an $80,000.00 townhome.
You're probably sitting in one of the best locations in that part of the city
and that's all you think the market can bear.
Mike Carmody: The site was approved as a prior PUD for 14 units. I don't know
that price is really the issue. We're offering 1,336 square feet... They've
got a master bedroom that are 13 x 18 and that's bigger than a master bedroom in
most $200,000.00 homes. The fireplace is standard. Central air is standard.
All applicances... I don't know if price is the issue here.. . We could
probably sell them for more. I don't know. Because I'm in marketing, where's
the market for townhouses? I can tell you it's not in the $130,000.00 or
$150,000.00 range.
Councilman Boyt: Well I can tell you how to make it more expensive without
making them any bigger. You can put brick siding on your building. You can
increase the thickness of your interior walls. You can do small things that
have a way of adding up very quickly when we start talking about per unit price.
In a word, the City Council shouldn't be in the business of designing your
building for you. I am sure that's what you're saying to yourself and I don't
disagree with you.
Mike Carmody: ...As a matter of fact, the owner of the property redesigned our
original plan because of these concerns. .. We put redwood siding on them. .. We
believe the design and the architecture that we have.. .
Councilman Workman: Planning Commission recommendation number L1711
Lunber 2 �.s additional
landscaping shall be provided along the northeasterly and easterly lot line of
LIIthe site. What was agreed?
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IICity Council Meeting - May 22, 1989
T Councilman Boyt: They pulled that out.
4 Yt Y
Ii Councilman Workman: They pulled that out?
Councilman Boyt: I think the feeling was they didn't need it.
Jo Ann Olsen: Yes, that one was pulled out.
' Councilman Workman: Why was that? I mean that was kind of going to be a
natural barrier from the more expensive homes.
Councilman Boyt: There was one planning commission member didn't feel it was
' needed. Brian's here if you want to put him on the spot.
Brian Batzli: You can put me on the spot but I don't know what that means.
Paul Struthers: I can tell you what we did to accommodate that request. We
added 2 Linden trees in this corner. Our discussions with staff indicated that
they wanted something on all sides of the property. The developer is interested
' in maintaining some view to the park. We added 2 Linden trees in this corner to
meet the intention of that request. The neighborhood, single family
neighborhood is well screened by a berm along that property line and large
' conifers.
Councilman Workman: How big are the Linden's going to be?
' Paul Struthers: I don't recall that off hand. I think they're 3 1/2 inches.
Jo Ann Olsen: They have to be at least 2 1/2 inch.
' Mayor Chmiel: Is there any further discussion? Any additional motions?
' Councilman Workman: Are those Linden trees put into the conditions? Are they
written anywhere?
' Jo Ann Olsen: What they did inbetween the Planning Commission and the Council
is they provided us with amended plans that met a lot of the conditions so we
removed some of those conditions from the Planning Commission.
' Councilman Workman: So the 2 Linden trees are in the plan somewhere?
Mayor Chmiel: Jo Ann, was there a landscape plan submitted with this at all?
Jo Ann Olsen: The new ones, I'm not sure if that. . .
Mayor Chmiel: I don't see it, that's why I'm asking.
' Jo Ann Olsen: It's been discussed between staff and the applicant. We are
still working.
Mayor Chmiel: Tom, you feel that that's necessary to have a couple Linden trees
off on that?
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City Council Meeting - May 22, 1989
Councilman Workman: I guess if they've a '
think it would hurt to add them in a condition yinetheree� to then I don't
Councilman Boyt: I'd like to see that graphic one more time. I
we don't have somethi. for you to apologize that
something y put it up. How many trees, are those pine
trees there on what appears to be the west side?
Paul Struthers: Yes, those are, I don't recall the species but they're pine
trees. Spruce I believe.
Councilman Boyt: How much of that density they '
probably a y are y g°�ng to create from the
beginning? I assume that's
P y pretty mature tree you're drawing in. '
Paul Struthers: Yes, we're showing a mature tree. They'll be 6 foot trees
initially. They are on a hillside, existing berm which we're maintaining.
That's why we job the driveway so that we could maintain slope here and create
some screening with the grading.
Councilman Boyt: But what we've got, what we're going to have with the 2 story
building is it's clearly's going to be visible to the homesite off to the west
of it, southwest of it. Yes.
Paul Struthers: Initially, yes I'm sure you will. '
Councilman Boyt: Those are generally 2 story homes in there. You're building a
2 story townhome.
Paul Struthers: I think the forms of the buildings are compatible. You will L
see a roof but again it's not a flat roof or say a comptemporary roof style. Our
intention was to produce a building apperance that was similiar in character
with existing homes and the type likely to be developed next door.
Councilman Boyt: You talk about a fee that you're going to charge the people, '
an association fee or that sort of thing. Is that correct? In that you have a
building maintenance component?
Paul Struthers: You should ask the developer that.
Mike Carmody: Yes we do. That will cover down to 30 years for driveway. 25
years for roof. Painting on a 5 year cycle. Ground maintenance on an annual
basis. Insurance.
Councilman Boyt: Okay. You said 30 years for a driveway? Is that what you '
just said?
Mike Carmody: I think it was 30 or. 35.
Councilman Boyt: Is that asphalt you're putting in there?
Mike Carmody: Yes.
Councilman Boyt: Well I would suggest 15.
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ICity Council Meeting - May 22, 1989
' Mike Carmody: We're putting in an extra heavy base and we're putting in a 3
4 inch wear course on that. The main drive coming in is going to be built to city
I standards of 28 feet with V6. . .curb all the way around the outside of the
IIdevelopment...
Councilman Boyt: Where is your trash dumpster going to be?
' Mike Carmody: There won't be one.
' Councilman Boyt: Oh, it's an individual pick-up?
Mike Carmody: Yes.
Councilman Boyt: So you're going to have a trash hauling truck that comes up
that?
' Mike Carmody: Yes.
Councilman Boyt: Well you've just tested that asphalt to the extent of any city
' road would be tested. 30 years is reasonable?
Gary Warren: For an expected life?
' Councilman Boyt: Yes.
y Gary Warren: With routine maintenance.
Councilman Boyt: And you have funds in your association fee to provide for
�- routine maintenance of the asphalt?
' Mike Carmody: We've allowed for sealcoating. ..
Councilman Boyt: Painting every 5 years and the roof is how long? Well
' gentlemen, I can't think of any reason why we shouldn't pass this.
Councilwoman Dimler: Can I ask just one question? How much are the association
' dues per year per unit?
Mike Carmody: They're $55.00 per month per unit with the clause that they can
raise it 5% per year. 5% the first year and then I believe it was an extra 10%
' plus if there's a shortfall, they can levy additional assessments.
Councilwoman Dimler: And you feel that that will cover all your expenses for
' maintenance? That sounds kind of low to me.
Mike Carmody: We're basing our figures on our knowledge of the townhouse market
and similar projects that other builders have done. For example, Rottlund Homes
built a 110 unit project and their association fees are $38.00 per month for the
first year. We'.re certainly higher than that.
' Councilwoman Dimler: You're only 14 units, I guess that's my concern that
that's not going to be enough to cover everything. I know that we don't have
any authority to tell you how to build your place but I guess just as a comment,
what I'd like to see, to keep the concerns of the neighborhood, at least if we
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City Council Meeting - May 22, 1989
aren't going to do anything to the interior, if we could go with the brick
exterior and keep the outside up because that is their view. The people will
see that first and then they don't see the rest of the neighborhood and the
bigger homes.
Mike Carmody: .. .We originally came in with aluminum siding which was
maintenance free.
Councilwoman Dimler: I like brick.
Councilman Boyt: I think what we have identified here is the reason why we need
to look at our ordinances in regards to the size of townhouses and apartments.
The size lots because those impact on dollar value. Certainly we need
affordable housing. We need to deal with the buffer but I don't think we can do
any of it because I don't think we have the ordinance ability. So given
responses we've heard, I'm afraid that we need to just face up to the idea that
this is going to be approved. The City needs to do everything it can to police
it and I would make a motion that we approve item 1(d) as amended by Mr. Workman
and my condition.
Councilman Johnson: I'll second that.
Don Ashworth: For clarificiation, did that include the walkway easement? '
Councilman Boyt: Yes.
Don Ashworth: Was that permanent then or temporary? - 11!
Councilman Boyt: It was stated temporary until the trail on TH 101 is built.
Councilman Boyt moved, Councilman Johnson seconded to approve Preliminary Plat
#89-6 and Site Plan #89-4 as shown on the plans dated April 10, 1989 with the
following conditions:
1. The land use will be amended to Residential-High Density. '
2. All side slopes greater than 3:1 will need erosion protection.
3. Concrete curb and gutter shall be constructed throughout the site except
along driveways, which shall have valley gutter construction.
4. All necessary permits for the site construction shall be obtained. '
5. The developer shall supply hydrological data showing that surface drainage
will not erode the existing ditch system. Unless the developer changes the I
drainage to flow to South Shore Drive instead of TH 101 ditch as shown on
the plans.
6. Provide a trail easement for a temporary walkway to the City Park until such I
time as the trail along TH 101 is constructed.
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City Council Meeting - May 22, 1989
7. Provide the addition of 2 more Linden trees on the landsca pe plan.
All voted in favor and the motion carried.
Roger Knutson: Excuse me Mayor. The motion was specifically d(1) . Did not
include d(2) .
Mayor Chmiel: It was my understanding covering as it was mentioned making both
of those 1 and 2.
Councilman Boyt: I would approval of item d(2) .
Councilman Johnson: I'll second that.
' Councilman Boyt moved, Councilman Johnson seconded to approve Site Plan Review
for a 6 and 8 unit townhome building for South Lotus Villas Townhomes. All
voted in favor and the motion carried.
H. NORTH SIDE PARKING LOT IMPROVEMENT PROJECT 87-17.
' Councilman Workman: I believe the last time that we discussed this as a council
the primary concern that we had was the south exit onto TH 101 or West 78th
coming out by the clock tower. I did talk to Gary today briefly. I guess I
would just like to bring it up before the Council. I know Gary Ehret is here
also. Maybe get some more comments. The Planning Commission didn't look at
that aspect of it again?
' Brian Batzli: I made a comment but everyone else seemed satisfied with it.
Councilman Workman: I guess I'd like comments from the Council then as far as
how they feel that south exit is.
Councilman Johnson: I'll start on that. I'll basically make the same comment I
' made last time. As you can read in here, they did a lot of negotiation with the
property owners that are paying for these improvements, that are being assessed
for their improvements and the only way they will submit to giving that property
' to their, it's their property. They own it. They are going to deed it to the
City at no cost and then they're going to pay to have it upgraded at their cost
and they need that access according to their businesses. Take that access away,
they're going to retract their offer to sell us the land, from what I read here.
Then we've got no parking lot. No medical building. No development.
Councilman Workman: Are you saying they're threatening us Jay?
' Councilman Johnson: That's the tone I get out of here. They didn' t threaten.
That's basically the agreement we made with them for this parking lot and if we
change the agreement, go back on the agreement, they have the right to do that.
11 Then we'll have to go into condemnation to condemn their land and buy it from
than to do the same thing. In condemnation they may win the same argument
anyway.
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