1d1. Audubon Court, Grading Plan and Dev Contract i d - i
CITYOF ..............................
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C B AN HASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASS'em-MINNESOTA 55317
(612) 937-1900 ,/
MEMORANDUM
3 -2.Z g
TO: Don Ashworth, City Manager
FROM: Gary Warren , City Engineer ``"`
DATE: March 22 , 1989
SUBJ.: Approve Grading and Erosion Control Plan and Grading Permit
for Audubon Court and Authorize Public Improvement Project
and Feasibility Study
File No. 89-7
The feasibility study conducted for Audubon Road in September,
1988 , included three phases of improvements . The first two pha-
ses dealt primarily with the McGlynn Bakery site and
corresponding utility and roadway improvements on Audubon Road.
The third phase which was slated for the future, dealt with what
is now known as the Audubon Court site which lies between the
McGlynn Bakery site and the railroad tracks ( see Drawing No. 1 ) .
The developer , Development Sites , Ltd. (Rick and Rock Sathre) , is
interested in proceeding with the improvements to this Phase III
development at this time. While these Phase III improvements
were anticipated in the feasibility study for Audubon Road, they
were -not specifically addressed nor were cost estimates prepared.
Since this property would qualify for the special assessment
reduction program, the developer is seeking that the City ini-
tiate this project as a public improvement project as noted in
the attached March 18 , 1989 correspondence.
In order to expedite the completion of the improvements, the
developer also is requesting that the City approve the attached
grading, drainage and erosion control plan and grading permit to
allow site grading to occur at this time. Since Engelhardt &
Associates is familiar with this project area , having done the
construction plans and specifications for Audubon Road and the
feasibility study, I have had him review the proposed grading
plan and attached is his March 21, 1989 summary and recommen-
dations . The City in the past has entertained a number of these
mass grading requests, most notably on the McGlynn site imme-
diately adjacent to the Audubon Court plat as well as the Burdick
Park Second Addition site.
Don Ashworth
March 22 , 1989
Page 2
It is therefore recommended that the grading, drainage and ero-
sion control plan for Audubon Court be approved with the recom-
mendations and conditions as noted in the attached March 21 , 1989
correspondence from Engelhardt & Associates. It is also
recommended that the attached grading permit be approved and
authorized for execution with the payment of the appropriate plan
review and grading permit fees. Further, it is recommended that
the City Council authorize the undertaking of this project as a
public improvement project and direct the firm of William R.
Engelhardt & Associates to prepare the feasibility study.
Attachments
1 . Grading, Drainage and Erosion Control Plan dated 11/9/88 .
2 . Drawing No. 1 .
3 . March 21 , 1989 correspondence from Engelhardt & Associates.
4 . March 18 , 1989 correspondence from Development Sites , Ltd.
5 . Excavating permit application form.
6 . Grading Permit #89-4 .
cc : Rick Sathre
Bill Engelhardt
H I l I
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STATE HWY. NO. 5 (ARBORETUM BOULEVARD)
N OUTLOT A
PARK
BUTTERCU° ROA, ` 5�5P' COURT
x iOUTLOT B m! I .\p�--
SCALE I = 500 I -13(7.1 VA
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BAKERIES of 0
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LOT I
BLOCK I / —�
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' CITY OF CHANHASSEN
Qp,)\- (°,�, MINNESOTA
k• AUDUBON ROAD
FEASIBILITY STUDY
ROADWAY 81 STORM SEWER
J�Fi�' 1/"� / PHASE I STREET IMPROVEMENT
�Q �1 PHASE I PROPOSED STORM SEWER
�\V PHASE 2 STREET IMPROVEMENT
ES > O .d PHASE 2 PROPOSED STORM SEWER
PHASE 3 FUTURE
WILLIAM R. ENGELHARDT ASSOCIATES
CONSULTING ENGINEERS
CHASKA, MINNESOTA 55318
SCALE I" 0 500' DATE AUGUST, 1988
DRAWING NO. I
WILLIAM R. ENGELHARDT ASSOCIATES, INC.
1107 HAZELTINE BOULEVARD
CHASKA, MINNESOTA 55318
(612) 448-8838
March 21 , 1989
City of Chanhassen
c/o Mr . Gary Warren
Coulter Drive CITY OF il1AlM SSE
Chanhassen , MN. 55317 Rr;NTP7
RE : Audubon Court MAR 2 1989
Rough Grading Plan
ENTNEERING DEPT.
Dear Mr . Warren :
Pursuant to your request we have reviewed the above named
grading plan and offer the following recommendations :
1 ) The proposed grading appears to be acceptable for a rough
grading plan .
2) Final site plans for each lot when developed will be
required .
3) The McGlynn ponding area under construction has a high water
elevation of 908 . 00 . The 908 elevation and pond area should
be expanded onto the Audubon Court property (Outlot B) to
store the increase in runoff due to development of Audubon
Court , thereby creating a pond to accommodate both
developments .
4) It is recommended that the Northerly lots ( 1 , 2 , 3 , Block 1 )
site improvements include storm sewer discharging to the
storm sewer to be constructed with the Audubon Road
improvements .
5) The Southerly lots ( 1 , 2 , 3 , Block 2) should ultimately have
storm sewer as part of the site improvements and discharge
into a storm sewer in Audubon Court . The discharge for this
storm sewer system will be the combined McGlynn pond and
Audubon Court pond mentioned as item No . 3 .
6) A double row of erosion control barrier is recommended along
the North property line or at the bottom and top of the 3 : 1
City of Chanhassen
March 21 , 1989
Page 2
or greater slopes (Lots 1 , 2 , 3 , Block 1 ) .
7) Erosion control barrier is recommended between Lots 1 and 2
- 2 , 3 , Block 2 installed North and South along these lot
lines .
8) Permits for grading from the railroad company will be
required if grading is to take place in their right-of-way
as shown . An alternative is to modify this grading plan
with no grading within the railroad property.
9) By constructing a ponding area combined with the 'McGlynn
pond and sized for ultimate development of the Audubon
Court , the sedimentation basin will not be required as
shown . However , it is recommended to construct this basin
as proposed along with the new pond to keep the new pond
free of sediment during construction .
10) Street grades conform to City standards .
11 ) Restoration of the site as specified on the plan is
acceptable. This restoration should take place as soon as
possible after the grading is completed .
12) A watershed permit will be required if not already applied
for .
13 ) All slopes 3 : 1 or greater shall be mulched and disc anchored
as specified .
14) Storm sewer for Audubon Court Road shall he considered as
part of the feasibility study for this development .
The above comments are recommended as conditions of approval
of this grading plan .
We will be available at your convenience if you have any
questions regarding this matter .
Very truly yours ,
WILLIAM R. ENGELHARDT ASSOCIATES , INC.
/
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William R. Engelh''"ardt , P. E.
WRE/ las
March 18, 1089
Mr . Gary Warren . P. E .
City Engineer
City of Chanhassen
690 Coulter Drive
Chanhassen , Minnesota 55,317
Subject :: AUDUBON COURT
Development Sites, Ltd.
Dear Mr . Warren :
On behalf of Development Sites, Ltd. . I request that the
City conduct a feasibilty study to determine the costs of
public construction of the sanitary sewer , watermain . storm
sewer , and street systems for AUDUBON COURT. The rough
grading of the roadway and industrial lots will be performed
privately .
The improvements herein petitioned for are for the street
named Audubon Court on the plat . These improvea were
previously identified as "Phase 3 improvements" in the
City's Audubon Roaa feasibility study prepared for the City
by Mr . Bill Engeinarat .
We further request that the costs of the improvements
requested oe mace eligiole for payment or reauction thru the
Economic Development District funds Generated through the
increased tax case ant pater with development .
We are interested in _089 i
;on=tructon of the public
construction
improvements anc: request you ask. Council authorization of
the study at the next meeting if possible . Should further
information be needed please contact me at 476-6000 days.
Thank you for your assistance .
Sincerely ,
DEV77 117T SI S , LTD.
■
ichard W. >athre
15311 Knob Hill Curve
Minnetonka , MN 55345
cc : Pock Sathre
Date // )9/0
Permit No.
APPLICATION FOR EXCAVATING PERMIT Fee : 4-.50
Owners Name p_v- 1 . r
f L . Telephone 4-76-(0coo
Address 53(( 4wob Cyrye„ MIQ .5534-s
Excavator ay /3V.05 . ✓JG.
jj Telephone '29—Z-624
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Address -552.0 ibG ��! j 9• /coos 1 uy ` Duit 5544-z
Lot Block
•
Subdivision Acv 0500 coo Pr
Site Address
DescLription of work to be done: ) Oc % ral 4Or S'�Y' Q0Q
V✓ai t.ae(r e eit05(o h CDPrer/o ( T/a n by
5-Aimee-_ t . jc14--ed 2-7/11
Indicate the use or occupancy for which the proposed work is
intended : 'remce S ( -To,f ToPcbs -Y' c±
Estimated quantity of excavation `7-e, coo
cubic yards
Plot plan showing present elevations .
Elevations after excavation is completed:
Elevations of neighboring property within 15 feet of excavation:
Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or
structures on land of adjacent owners which are within 15 feet
of the property o•r which may be a fected by the proposed grading
operations : Or • ,• V10 t VG v{"-
APPLICANTfS SIGNATUa E
GRADING PERMIT
AUDUBON COURT
PERMIT NO. 144G - 89-4
PERMIT dated , 1989 , issued by the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "City" ) , to
DEVELOPMENT SITES, LTD. , (the "Developer" ) .
1. Request for Plat Approval. The Developer has asked
the City to approve a grading permit in conjunction with the pro-
posed plat for AUDUBON COURT (referred to in this permit as the
"plat" ) .
2. Conditions of Approval. The City hereby approves
the permit on condition that the Developer abide by its terms
and furnish the security required by it.
3. Plans. The plat shall be graded in accordance with
the following plans . The plans shall not be attached to this
permit. If the plans vary from the written terms of this permit,
the written terms shall control . The plans are:
Plan A--Grading, Drainage and Erosion Control Plan
dated November 9 , 1988
4 . Time of Performance. The Developer shall complete
the grading and erosion control by June 30 , 1989 . The Developer
may, however, request an extension of time from the City . If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and
the extended completion date.
5 . Erosion Control. The erosion control elements of
the plan A shall be implemented by the Developer and 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 rye grass or other fast-growing seed suitable to the
existing soil to provide a temporary ground cover as rapidly as
possible. All seeded areas shall be 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 or supplementary instructions received
from the City, the City may take such action as it deems
appropriate to control erosion. 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. If the Developer does not reim-
burse the City for any cost the City incurred for such work
within thirty ( 30 ) days, the City may draw down the letter of
credit to pay any costs .
6. Clean up. The Developer shall daily clean dirt and
debris from streets that has resulted from construction work by
the Developer, its agents or assigns .
7 . Security. To guarantee compliance with the terms of
this permit, the Developer shall furnish the City with a cash
escrow or irrevocable letter of credit from a bank ( "security" )
for $ . The bank and form of the letter of credit
shall be subject to the approval of the City Administrator . The
letter of credit shall be for a term ending May 1 , 1990 .
8. Responsibility for Costs.
A. Except as otherwise specified herein , the
Developer shall pay all costs incurred by it or the City in con-
junction with the grading and erosion control , including but not
limited to inspection expenses incurred in connection with appro-
val and acceptance of the permit.
B. The Developer shall hold the City and its of-
ficers and employees harmless from claims made by itself and
third parties for damages sustained or costs incurred resulting
from permit approval and work done in conjunction with it. 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 attorney ' s fees .
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this permit, including engineering
and attorney ' s fees .
D. The Developer shall pay in full all bills sub-
mitted to it by the City for oblications incurred under this per-
mit within thirty ( 30 ) days after receipt. If the bills are not
paid on time, the City may halt all work and construction .
9 . 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 permit 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.
10 . Notice. The applicant must notify the City Engineer
in writing a minimum of 48 hours prior to construction .
11. Watershed District Permit. The applicant shall
obtain and comply with the conditions of the Watershed District
permit, especially as it relates to seeding and restoration of
vegetative cover. The permit shall be obtained prior to ini-
tiating grading.
-2-
12. Erosion Control. A double row of Type III erosion
control barrier shall be installed along the northerly property
line at the bottom and top of the 3 :1 and greater slopes (Lots 1 ,
2 and 3, Block 1 ) .
13. Temporary Sedimentation Basin. The temporary sedi-
mentation basin shall be constructed prior to site grading and
maintained until vegetative cover has been restored to the site
or directed otherwise by the City Engineer.
14. Slopes. All slopes of 3:1 or greater shall be
mulched and disc anchored.
CITY OF CHANHASSEN
BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
DEVELOPER: DEVELOPMENT SITES, LTD .
BY:
Its
STATE OF MINNESOTA )
( ss .
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1989 , by Donald J. Chmiel , Mayor ,
and by Don Ashworth, City Manager, of the City of Chanhassen , a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of _, 1989 , by
NOTARY PUBLIC
DRAFTED BY :
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen , MN 55317
( 612 ) 937-1900 -3-