1e. Feasibility Study for Grandview Road Sewer & Water CITY OF ______.
I e..
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
^! ' (612) 937-1900
' Action by City Admv;,,4..,,,r
MEMORANDUM Endorsed----
�iodifie
TO: Don Ashworth , City Manager �� - -
' FROM: Larry Brown , Staff Engineer / I»Submitted ',0 rJ,„
DATE: September 22, 1988
__—
Sanitary SUBJ: Authorize Feasibility Study for Grandview Road
Sanitary Sewer and Watermain Project
File No. 88-23
The subject study area includes 5 parcels of land and is located
' along Grandview Road, which is immediately west of the Hidden
Valley subdivision ( refer to Attachment #1) .
All five of the subject parcels are within the Metropolitan Urban
Service Area (MUSA) . These parcels were expected to have sani-
tary sewer service if the Ward property located west of the sub-
ject parcels was to develop. During this waiting period, several
' of the residents have had septic systems which have not been
functioning properly or have failed totally. Mr. Harvey Will,
located at the north end of Grandview, gained an easement from
United Mortgage Corporation through the Hidden Valley subidivi-
sion. His service was run between Lots 5 and 6 , Block 4 and into
Marsh Drive ( refer to Attachment #2) . At the time of Mr. Will' s
hook up, the City tried to gain additional easements through the
Hidden Valley subdivision from United Mortgage Corporation such
that all five homes in this area could be connected to municipal
sanitary sewer service. Mr. Ron Helmer from United Mortgage
' Corporation declined our request. -
Since that time, there have been several other homes that have
' wished to connect up to sanitary sewer service. Mr. and Mrs .
Held have recently signed an agreement with the City of
Chanhassen which allowed them to connect up to the sanitary sewer
service which exists at the southeast corner of the Held pro-
perty (refer to Attachment #3) . The agreement further stated
that they would waive their rights to an objection to an
assessment if sanitary sewer and water service was brought forth
into Grandview Avenue to service these parcels .
r
Don Ashworth
September 22 , 1988
Page 2
As the Council may recall , Mrs. Mary Bernier of 8155 Grandview
Y Y
Road appeared before the City Council on June 27 , 1988 and
requested that the City provide municipal sanitary sewer and
water. The Council informed Mrs. Bernier that the City would
analyze the area (refer to Attachment # 4) .
Mrs . Bernier also brought up other issues regarding the Hidden
Valley subdivision. For the Council' s information, I have
included the letter of response from Barb Dacy dated August 22 ,
1988 to Mrs. Bernier regarding these issues ( refer to Attachment
#5) .
The existing side yard easements are not adequate for
constructing the sanitary sewer and watermain and the topography
is very extreme as compared to the surrounding area. Staff is
recommending that a feasiblity study be authorized to analyze the
potential of bringing sanitary sewer and water service to these
parcels within the MUSA boundary. Staff is recommending that
Orr-Schelen-Mayeron & Associates , Inc. (OSM) be authorized as the
City' s consultant to proceed with this project. 1
It is therefore recommended that the feasibility study be
authorized and to be prepared by OSM Associates for the sanitary
sewer and watermain along Grandview Avenue.
Attachments
1. Location Map.
2. Easement Diagram. 1
3. Agreement.
4. June 27 , 1988 City Council minutes .
5 . Letter to Mrs . Bernier dated August 22 , 1988. 1
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ON
IISANITARY SEWER AGREEMENT
AGREEMENT made this .5 day of (Y , 1988, by,
between, and among the CITY OF CHANHASSEN, a Minnesota municipal
corporation ("City") and PETER M. HELD and VICTORIA A. SMITH, husband
' and wife ("Owners") .
' RECITALS
1. Owners are fee owners of the following described
property in Chanhassen ("subject property") : •
Section 13, Township 116, Range 23, the East 160 feet of the
' West 353 feet of the North 270 feet of the Northwest Quarter
of the Southeast Quarter, Carver County, Minnesota.
' 2. The on-site septic system on the subject property has
failed and the owner desires to connect to public sanitary sewer.
3 . The subject property has not been specially assessed or
otherwise charged for public sanitary sewer.
' 4 . The subject property can be connected to public sanitary
sewer by use of a very long service line.
NOW, THEREFORE, the parties agree as follows:
' 1. Owners may connect to the City's sanitary sewer system.
The physical connection is subject to the review, inspection, and
approval of the City Engineer.
2. The City does not intend to specially assess or
otherwise charge for the cost of sanitary sewer laterals at this
time. The City intends to specially assess the subject property or
otherwise impose a charge when a sanitary sewer public improvement
project is constructed to serve the street on which the subject
property is located. The Owners, for themselves, their heirs and
Pcge I of Pages 0.5
assigns waive any claim that the subject property will not be 11
benefited by that public improvement project as a result of already
I
being served by sanitary sewer. The Owners waive any and all
procedural and substantive objections to the future public I
improvement project and special assessment, including but not limited
to hearing requirements and any claim that the assessment exceeds the II
benefit to the property. The Owner waives any appeal rights otherwise I
available pursuant to M.S.A. § 429. 081.
3. This Agreement shall run with the land and may be
I
recorded against the title to the subject property.
::
CITY 0,FF • • HASSEN
L_
...,___
BY: . Ara
Thomas Hami •n, Mayor
BY: ...,-_ I
Don As w rth Cit Manager
ger
' '''PA/ /
W ._
i
PE E' M. HELD
II
2174)-- aIr/
..M
ICTORIA A. SMI 141w
STATE OF MINNESOTA )
II
( ss.
COUNTY OF CARVER )
TheoregQng instrument was acknowledged before me this II
T-\ day of ,~\ , ,. :
_ � .,_., 1 , 1988, by Thomas L. Hamilton and by Don
Ashworth, res etivelythe Mayor and City Manager of the City of
Chanhassen, annesota` municipal corporation, on behalf of the II
corporation and pursuant to authority granted by its City Council.
176-c-v saJdxe uo1551wwo3 AW ,,z. \
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INf
A OD NId3NN3H �.,
vios3NNiw—mend AllYtON -;ja::._ = NOTARY PUBLIC
. vaoro ; a.»un3 v
.,wf!bf,i,.
-2-
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Page , a of 3 pag,.s
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STATE OF MINNESOTA )
' ( ss.
COUNTY OF CARVER )
The fgregojn�g instrument was acknowledged before me this
day of 1988, by Peter M. Held and Victoria A.
Smith, husband ar d wife
E3.• � ,Q—f"
NOTARY PUBLIC
eunice '(/. %eova
DRAFTED BY: y iy,,-__� NUTARY NUBUC�MINNESOTl�
Grannis, Grannis, Farrell >{°_ ga HENNEPIN COUNTY,
"" My commission expires 4.3.94
& Knutson, P.A.
403 Norwest Bank Building
' 161 North Exchange
South St. Paul, MN 55075
(612) 455-1661
1661
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
Filing Fee OK),
' This is to certify that this docgment
was filed in thi office o.n the/X day
0 19 A.D.at 9 o'clock
£ . vl. and was duly recorded as
document no. 9 565
CARL W. HANSON JR.
' County==c. .er
by' A
M I G G_
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03 a o
11 _ 6ty Council Meeting - June 27, 1988
VISITOR PRESENTATIONS:
' Mary Bernier, 8155 Grandview Road: I have a few photographs here and what I'd
like to air is, when they changed the planning on Hidden Valley Two, we were not
' notified. Only the original plans. They have put up homes that have completely
blocked our view of the lake. At the time this originally, I have it
highlighted, I got the transcript of all the Council meetings we attended and it
says that we're going to be looking over the roofs of these homes. Well, we're
' looking right in the front door. May I show some pictures?
Acting Mayor Geving: Sure. Why don't you start down here with Jay.
' Councilman Johnson: Actually I was up there this weekend looking at it. We've
talked before. I was noting those two story homes there.
Mary Bernier: They were supposed to be split entries. We are looking directly
at the first and second stories.
' Councilman Johnson: You've got the big red deck there don't you?
Mary Bernier: That's right. We have nothing. Absolutely nothing.
Acting Mayor Geving: Why don't you just give us a couple minutes Mary. I'm
fairly familiar with your pictures but we'll show it to the rest of the Council.
' Mary Bernier: We were never notified of a change of plans. They have dug
another hole. Now there's one left.
Councilman Boyt: Is there anything we can do about it?
Acting Mayor Geving: Well, go ahead Mary.
' Councilman Johnson: Was there a restriction in the development contract
restricting those lots?
Mary Bernier: It said split entry. I talked to the City Engineer last August.
He assured me that they would be split entries and I would be looking over the
roofs. I have it highlighted in the transcript where the question was asked and
they assured us that we would be looking over the roofs. That's fine except we
have nothing to see except, we can't even look at the roofs. We're looking at
the main level and they're right in our front yard. It also states, from the
May, 1985 Council meeting, the deed restrictions .require that no two of the same
color package and house design can be located directly adjacent to each other or
across the street. There are four gray houses in a row. There are two exact
identical homes next to each other and across the street to others. These are
not small homes. They are monsters. They've got big peak roofs. Great big
chimneys. We have nothing left to look at. We live in an area where there are
only five homes. We are in the same tax base as the rest of the City. We don't
have sewer. We don't have water and we don't have streets. They always told us
we were paying for the view. We have nothing now. We have no view. We have no
nothing. I want to know how this could go through.
•
Acting Mayor Geving: Did you talk to Gary?
16
r
City Council Meeting - June 27, 1988 II
4
I
Mary Bernier: I have been up to City Hall. I have called Barb Dacy. I have
talked to her last year. I've talked to the City Engineer. I've talked to
everybody and they just keep building and building and building. It's not at
all what they said they were going to do. Our property value has gone down and
we intend to retire in a couple years and sell. We have nothing left to sell.
Our view was part of it. We have no sewer. We have no water. We were assured
that we could hook up to the sewer and water eventually. Now they say no. We
got a letter. No way he says.
Acting Mayor Geving: No way what Mary?
Mary Bernier: That we can hook up to this development.
Acting Mayor Geving: Those would be public utilities. There would be no reason
why they could.
Mary Bernier: Our hook up is right out our front. It would be nothing just to
go over to theirs. It's right out our front.
Acting Mayor Geving: Maybe you want to comment on that Gary. '
Gary Warren: There's a series of 4 or 5 properties, I don't remember exactly
how many that are not connected there on Grandview Road. That the City sometime
in the future would have to look at bringing in an extension out to the Hidden
Valley sewer to service this property.
Mary Bernier: Our neighbor was put in already.
Gary Warren: We had one exception that allowed for that where we allowed to
connect his own lateral into the sewer with the understanding that he, that they
were executing a waiver of assessments in the future to bring in sewer and
water.
Acting Mayor Geving: Who's home was that?
Mary Bernier: Harvey Will. '
Gary Warren: Will's were connected to the block and then there was another one,
8801.
Larry Brown: Al Sinnen I believe.
Acting Mayor Geving: Al Sinnen? So there's two up there that have been '
connected.
Mary Bernier: Al Sinnen's not connected.
Gary Warren: I think there's only one that's connected.
Larry Brown: If I may clarify. There is one home that is connected out there ,
right now with the possibility of a second one being connected on the assumption
that we sign an agreement stating that they will pay the assessments incurred by
bringing sewer and water up there. At the time that I received several '
17
i
II6a'aty Council Meeting - June 27, 1988
inqui.ries as to being able to hook up to sewer and water through the Hidden
Valley subdivision, I went back to Hidden Valley, Merritor Development and asked
' him if they would provide us with the easements to allow us to connect up to
your subdivision. At that time, Ron Helmer had stated that no. He said I've
been through that process once and I will decline any further easements so he
refused us that easement and therefore staff decided that what was left to
' possibly go to a Chapter 429 feasibility to investigate bringing the lateral
sewer up to that.
' Acting Mayor Geving: That's semething we'll have to look at. Mary, what
action can we take?
' Mary Bernier: I don't know but I think something should be done. It isn't
fair. We've lived in the City for 23 years and all we've had is gotten crapped
on. We just sit there. We're small. There are only five houses. I think
we've been taken advantage of. We have nothing left. We're sitting there, what
' am I going to look at now? Right in the living rooms and bedrooms of all these
stupid houses. Right off my big deck.
Councilman Horn: I think we need an answer to how this happened. Why this
development differed from what they were supposed to...
Mary Bernier: We were never even notified. They just went ahead and built it.
' These are not split entries.
Gary Warren: We'll have to do some research.
' Acting Mayor Geving: We'll bring this item back Mary. Now that you've
addressed it for us, we'll have the staff determine why it deviated from the
' plan. The houses are actually built. I know they're there. There is still one
or two houses to be built.
Mary Bernier: Our land is ruined. We've got nothing left. I would like to
' invite the Council to drive up there and look if they would.
Councilman Boyt: You might want to contact the County Assessor. I would.
Acting Mayor Geving: We'll take a look at it. Mary, I assure you that most of
the Council members will make it up to visit.
Mrs. Palmer, 1670 Lake Lucy Road: I've of 'us
g just a little matter to talk about.
Acting Mayor Geving: Are you here to talk about trie assessments Mrs. Palmer?
Mrs. Palmer: Well, the assessments but that road.
Acting Mayor Geving: You want to just talk about the road for now?
Mrs. Palmer: Yes. The road, they built the road so it comes out in front of
our house in a big arc like and goes into our driveway. What is happening now
is the people come.. .from Chanhassen and they go over the curb and when it was
wet, they kept tearing out the curb and tearing out the turf but now it's dry
and they go right over it. The thing is, it doesn't bother me, I drove slow but
18
CIT'/ OF lir.t- C e. : A
•
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. $ • : _
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1
t 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
J+ (612) 937-1900
August 22, 1988
II
Ms. Mary Bernier I
8155 Grandview Road
•
Chanhassen, MN 55317
Dear Ms. Bernier:
I
This is to formalize many phone conversations we have had
regarding issues you have raised with the Hidden Valley/Brookhill II
development. You identified the following issues at the June 27,
1988 , Council meeting:
1 . You were concerned that there was a change in the grading II
plans from preliminary plan to final plan approval. You were
concerned that the elevation was raised such that the homes II block your view to the southeast. -
2 . You raised a concern regarding the homes looking very similar
to one another and in some cases have the same color scheme
II
immediately adjacent to one another.
3 . You stated that you were informed by city staff that you
II
could not have sewer and water to your home.
As to the first issue, I checked the preliminary grading plan
that was submitted during preliminary plat approval and checked II
the grading plan that was approved during the final plan process.
There was no change in the grading plans that increased the ele-
vation from the preliminary approval to the final approval. In
II
fact, the elevations were lowered two to three feet. The
Planning Commission minutes do refer to the developer' s engineer
stating that homes in the Grandview area would look out over the
rooftops of homes in the Hidden Valley development. However, II
this statement is only true for the homes at the end of Grandview
Road looking over the Dakota Lane cul-de-sac and not the Sinnen
Circle cul-de-sac. The 1985 minutes are "summary" minutes and
II
not verbatim minutes as is now done. It would be hard to verify
whether or not the developer' s engineer made this clarification
at the meeting.
I
As to the second issue, you
meeting that the developer was correctly
ii �
CIO 4
Ms . Mary Bernier
August 22 , 1988
Page 2
' providing for an architectural control committee to prevent the
same color and design of house next to one another. Upon field
' investigation, the only instance I could determine where two
homes had a similar exterior color were two gray homes on Dakota
Lane at the end of Marsh Drive. I spoke with both builders
(Rottlund and Sunshine) and they stated that they do not allow
' the same house design or color package to be located next to one
another. Rottlund noted that they permit several different shads
of colors , and as in the case of the gray homes , allow different
' hues or shades of colors next to one another.
United Mortgage Company did admit, however, that they failed to
' record the proper deed restrictions as required by the city (see
attached letter) . Unfortunately, the City Attorney advises me
that once the lots are sold to different owners , it is difficult
for the city to prosecute for lack of compliance with the develop-
ment agreement. Deed restrictions are also privately enforced
and are not municipal regulations.
' Nonetheless , other than the one instance I referred to earlier,
the homes are in compliance with the intent of the City Council' s
approval of the subdivision.
t As to the third issue regarding a potential sewer and water con-
nection, it is my understanding that Larry Brown has been con-
ferring with you. It is also my understanding that a connection
' to utilities in Sinnen Circle is being investigated. Further
questions on this matter should be directed to Mr. Brown.
Thank you for your patience regarding these items . Please feel
free to contact me if you need further information.
V- y t , ly yours, -
II
' Barbara Dacy
City Planner
BD:v
cc: Don' Ashworth, City Manager
Gary Warren, City Engineer
Larry Brown, Asst. City Engineer
Jo Ann Olsen, Asst. City Planner
Ron Helmer, United Mortgage Company
File #85-1 PUD
6c I a ty Council Meeting - June 27, 1988
inquiries as to being able to hook up to sewer and water through the Hidden
Valley subdivision, I went back to Hidden Valley, Merritor Development and asked
him if they would provide us with the easements to allow us to connect up to
your subdivision. At that time, Ron Helmer had stated that no. He said I've
been through that process once and I will decline any further easements so he
refused us that easement and therefore staff decided that what was left to
possibly go to a Chapter 429 feasibility to investigate bringing the lateral
sewer up to that.
- Acting Mayor Geving: That's semething we'll have to look at. Mary, what '
action can we take?
Mary Bernier: I don't know but I think something should be done. It isn't
fair. We've lived in the City for 23 years and all we've had is gotten crapped
on. We just sit there. We're small. There are only five houses. I think
we've been taken advantage of. We have nothing left. We're sitting there, what
am I going to look at now? Right in the living rooms and bedrooms of all these
stupid houses. Right off my big deck.
Councilman Horn: I think we need an answer to how this happened. Why this '
development differed from what they were supposed to. ..
Mary Bernier: We were never even notified. They just went ahead and built it.
These are not split entries.
Gary Warren: We'll have to do some research.
Acting Mayor Geving: We'll bring this item back Mary. Now that you've
addressed it for us, we'll have the staff determine why it deviated from the
plan. The houses are actually built. I know they're there. There is still one
or two houses to be built. II
Mary Bernier: Our land is ruined. We've got nothing left. I would like to
invite the Council to drive up there and look if they would.
Councilman Boyt: You might want to contact the County Assessor. I would.
Acting Mayor Geving: We'll take a look at it. Mary, I assure you that most of
the Council members will make it up to visit.
Mts. Palmer, 1670 Lake Lucy Road: I've got just a little matter
J aater to talk about.
Acting Mayor Geving: Are you here to talk about tFIe assessments Mrs. Palmer? '
Mrs. Palmer: Well, the assessments but that road.
Acting Mayor Geving: You want to just talk about the road for now?
Mrs. Palmer: Yes. The road, they built the road so it comes out in front of
our house in a big arc like and goes into our driveway. What is happening now
is the people come.. .from Chanhassen and they go over the curb and when it was
wet, they kept tearing out the curb and tearing out the turf but now it's dry
. and they go rignt over it. The thing is, it doesn't bother me, I drove slow but
18 ,
•
1.' c Pv,/ /SS
1
._
CITYOF
..:
\ -A t.
1 L , , A : THAE.
% 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 > ._?
(612) 937-1900
IAugust 22, 1988
I Ms. Mary Bernier
8155 Grandview Road
Chanhassen, MN 55317
IDear Ms. Bernier:
This is to formalize many phone conversations we have had
Iregarding issues you have raised with the Hidden Valley/Brookhill
development. You identified the following issues at the June 27,
1988, Council meeting:
I1 . You were concerned that there was a change in the grading
plans from preliminary plan to final plan approval. You were
I concerned that the elevation was raised such that the homes
block your view to the southeast.
2 . You raised a concern regarding the homes looking very similar
Ito one another and in some cases have the same color scheme
immediately adjacent to one another .
I 3 . You stated that you were informed by city staff that you
could not have sewer and water to your home.
As to the first issue, I checked the preliminary grading plan
Ithat was submitted during preliminary plat approval and checked
the grading plan that was approved during the final plan process.
There was no change in the grading plans that increased the ele-
vation from the preliminary approval to the final approval. In
fact, the elevations were lowered two to three feet. The
Planning Commission minutes do refer_ to the developer' s engineer
stating that homes in the Grandview area would look out over the
rooftops of homes in the Hidden Valley development. However,
this statement is only true for the homes at the end of Grandview
Road looking over the Dakota Lane cul-de-sac and not the Sinnen
Circle cul-de-sac. The 1985 minutes are "summary" minutes and
not verbatim minutes as is now done. It would be hard to verify
whether or not the developer' s engineer made this clarification
at the meeting.
As to the second issue, you correctly noted at the Council
meeting that the developer was required to file deed restrictions
Ms . Mary Bernier
August 22 , 1988
Page 2
providing for an architectural control committee to prevent the
same color and design of house next to one another. Upon field
investigation, the only instance I could determine where two
homes had a similar exterior color were two gray homes on Dakota
Lane at the end of Marsh Drive. I spoke with both builders
(Rottlund and Sunshine) and they stated that they do not allow
the same house design or color package to be located next to one
another. Rottlund noted that they permit several different shads
of colors, and as in the case of the gray homes, allow different
hues or shades of colors next to one another. '
United Mortgage Company did admit, however, that they failed to
record the proper deed restrictions as required by the city (see
attached letter) . Unfortunately, the City Attorney advises me
that once the lots are sold to different owners , it is difficult
for the city to prosecute for lack of compliance with the develop-
ment agreement. Deed restrictions are also privately enforced
and are not municipal regulations.
Nonetheless , other than the one instance I referred to earlier,
the homes are in compliance with the intent of the City Council' s
approval of the subdivision.
As to the third issue regarding a potential sewer and water con- '
nection, it is my understanding that Larry Brown has been con-
ferring with you. It is also my understanding that a connection
to utilities in Sinnen Circle is being investigated. Further '
questions on this matter should be directed to Mr. Brown.
Thank you for your patience regarding these items. Please feel
free to contact me if you need further information.
V- y t , ly yours,
` f '
f
Barbara Dacy -
City Planner
BD:v -
cc: Don' Ashworth, City Manager .
Gary Warren, City Engineer
Larry Brown, Asst. City Engineer 1
Jo Ann Olsen, Asst. City Planner
Ron Helmer, United Mortgage Company
File #85-1 PUD
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I !
UNITED MORTGAGE CORPORATION
8300 NORMAN CENTER DRIVE—SUITE 1000
BLOOMINGTON, MN 55437-1091 (612) 835-3096
i - July 19 , 1988
I Ms . Barbara Dacy
City Planner
City of Chanhassen
I 690 Coulter Drive
Chanhassen, MN 55317
RE: Hidden Valley
Dear Ms . Dacy,
I have reviewed our records relative to the Hidden Valley
subdivision. As you are aware we did file restrictions on
the subdivision, however, an error was committed which did
I not recite dwelling sizes as was discussed between New
American Homes , Inc . and the City of Chanhassen.
On July 18th, the date I received your correspondence, I
I reviewed the subdivision. All homes far exceed the minimum
sizes that were discussed with New American Homes . I also
reviewed the colors used on the homes and found they were all
I pleasing earthtone colors . After reviewing the surrounding
residences , I find the properties constructed in the Hidden
Valley subdivision, in my opinion for size and color, are
extremely acceptable.
II trust that you and members of
with my findings after all parties Flhave thad oan chance lto`drive
through and compare each of the areas . As you are aware ,
there have only been three builders in the Hidden Valley
subdivision, The Rottlund Company, Inc . , Sunshine
Construction Company, Inc . , and Hemphill Northern. All of
their products far exceed the 330 square feet for a 1 story,
648 square feet .per level for a 2 story, and..850 square feet
for a split . There are only 2 lots abutting Chanhassen
Estates which are not totally constructed at this time . The
square footage for these dwellings shall not be less Lhan
1 , 056 square feet for a 1 story, nor 648 square feet per
floor for a 2 story, or 1 , 056 square feet for a combined
split . Neither of the existing lots are front walkout type
lots .
1\L •v !�r• ;= )
JUL 20 1988
CITY()F rwANI.e.:eI.n.
alo
1
Pursuant to our telephone conversation of July 18th, it is my
understanding that the city staff is not recommending that
any action be taken. I
Should you require any further information, please contact
me.
Sincerely, '
Ronald C. Helmer
Vice President
RCH/jmj
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