4. Review Kurvers Point Trail issue II - CITY ® F
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CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Larry Brown, Staff Engineer
1 DATE: November 9, 1988 ,(�
' SUBJ: Review of Kurvers Point Trail Compensation
File No. 87-20, Mel and Frank Kurvers
On September 14, 1987, the City Council approved the Development Contract for
the Kurvers Point Subdivision. Section 16 of the Development Contract (refer to
Attachment No. 1) states that the compensation for the installation of the trail
' shall be determined by the City Council at the time of the trail plan approval.
Staff is recommending that the fees for the construction of the Kurvers Point
subdivision be collected as part of the issuance of the building permits. This
is the manner in which the City has collected money for the construction of the
trails in other subdivisions such as Saddlebrook and Curry Farms for example.
The current fee of $142.00 per lot is the fee which has been established at
this time to fund the cost of trail/sidewalk construction. It is recommended
that the trail fee that is in effect at the time of the issuance of a building
permit be collected as part of the building permit fees.
I have included the letter from Mel Kurvers dated October 31, 1988 for the
Council's review (refer to Attachment No. 2) .
It is therefore recommended that the established trail fees be collected for the
Kurvers Point subdivision by the City at the time of issuance of a building per-
mit.
Attachments
1. Excerpt from Development Contract (Section 16) .
2. Letter from Mel Kurvers dated october 31, 1988.
Manager's Comment: Mr. Kurvers' point regarding the additional 17 feet being
dedicated to the City is not germane to the issue at hand. Specifically, all
subdivisions along TH 101 have been required to dedicate additional right-of-way
for potential roadway/ ditch improvements. A trail may be included in this
additional right-of-way; but, again, such is not germane to the primary reason
for obtaining the 17 feet.
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City staff is in agreement with Mr. Kurvers that he should be treated similar to
other developers in having the City carry out the installation of the
sidewalks/trails through his development. In light of the recent defeat of the
trail referendum, it may be prudent for the Park and Recreation Commission to
re-look at their Sidewalk/Trail Plan; i.e. total dollars may only be
available to fund trail construction for major collectors, trails to and
from schools, the downtown area, etc. As part of our recommendation, we are
recommending that the City Council ask that the Park and Recreation Commission '
re-review their overall Trail Plan to determine whether sufficient dollars will
exist for internal sidewalk/trails, or whether such monies should be dedicated
to arterail/collector roadway trail systems. Regardless of whether a modifica- II tion to the Trail Plan occurs or not, the staff recommendation to have the City
carry out installation of the finally approved Trail Plan would be our respon-
sibility. Approval of modifying the Development Contract to include a require-
ment that the developer pay current trail fees on each building permit in lieu
of carrying out trail construction is hereby recommended.
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I materialmen are seeking payment out of the financial guaran-
tees posted with the City, and if the claims are not resolved at
//or
least sixty ( 60) days before the security required by paragraph
13 of this Contrct will expire, the Developer 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 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 proceedings as it pertains to
the letters of credit deposited with the District Court, except -
that the Court shall retain jurisdiction to determine attorneys
' fees pursuant to paragraph 25 of this Contract.
15 . Timber Management Plan. The Developer shall arrange for
the preparation of a Timber Management Plan by the Department of
Natural Resources Forester for this property, paying special
attention to the area on riparian lots within 75 feet of the high
water mark.
16 . Trails and Trail Fees. The Developer shall grade and
install a trail along the Kurvers Point Road right-of-way to its
connection with TH 101 . The Developer shall submit 0. plan for
approval by the City Council prior to construction of the trail .
Compensation for installation of the trail shall be determined by
' the City Council at the time of Trail Plan approval.
18 . Parkland Fees . Prior to the issuance of building per-
mits for residential construction within the plat, the Developer,
its successors or assigns , shall pay to the City the parkland fee
then in force pursuant to Chanhassen City Ordinance and relevant
City Council resolutions thereafter.
19. Landscaping. The Developer shall plant one (1) tree on
every lot in the plat that does not already have a tree in the
front yard setback. The trees shall be selected from among the
following species; varying the species within the subdivision:
Maples ( including Norway, "Schwedler" , and Sugar)
Linden, American (Basswood)
Linden, Littleaf (and varieties "Greenspire" and "Redmond" )
• Green Ash (and varieties "Marshalls" and "Summit" )
Honeylocust (and varieties "Imparial" , "Skyline" , and
"Sunburst" )
Hackberry
Oak
The minimum tree size shall be two inches caliper, either bare
root in season or balled and burlapped. The trees may not be
planted in the boulevard. The Developer shall sod the drainage
swales . All trees , grass, and sod, shall be warranted to be
alive, of good quality and disease tree at installation. All
trees shall be warranted for 12 months after planting.
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CITY OF C a ,
7240 Kurvers Point Road
HUMP
Chanhassen , Minnesota 55317 � �J n '
October 31 , 1988 OCT 3 11988 41)..■
Mr . Gary Warren , City Engineer R , I
Mayor and City Council
City of Chanhassen
690 Coulter Drive '
Chanhassen , Minnesota 55317
Gentlemen :
Our development contract with the City of Chanhassen states , "The
developer shall submit a plan for approval by the City Council
prior to construction of the trail . Compensation will be
determined by the City Council at the time of Trail Plan approval . "
The developers of Kurvers Point intend to fully comply with the
provisions of the development contract . As you are aware , we have
been attempting to resolve this issue over the past 4 weeks and are
confident that an agreement can be reached at the City Council
meeting on November 1988 .
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In reviewing the sidewalk /trail issue , it is important to look at
Kurvers Point both as a neighborhood within the context of the
entire City of Chanhassen and a a housing development . When the
development was in the review and approval process , we stated that
a sidewalk was unnecessary due to large lot sizes and low
anticipated traffic volumes . Additionally, we viewed the sidewalk
as a problem in limiting the beach lot usage to residents only due
to increased public access to the area.
On the evening that the City Council granted final approval for '
Kurvers Point , a development known as Shadowmere was also on the
agenda . When final action on Shadowmere occurred , no sidewalk or
trail requirements were imposed on the development . This action
was taken in spite of the fact that Shadowmere is a higher density
development than Kurvers Point . This raises the question , why
Kurvers Point is being treated differently? '
The developers of Kurvers Point support trails in the City of
Chanhassen when they serve a valid public purpose . In support of
this position , we dedicated an additional 17 feet of property along
TH 101 to accommodate the eventual construction of a bituminous
trail . All completed landscaping and berming improvements have
been installed on private property , outside of the right-of-way '
area .
In dedicating the land along 101 for a trail , Kurvers Point
provided the residents of the City of Chanhassen with the land
needed for a trail consistent with the City ' s Trail Plan . The cost
of this dedication was borne solely by the developers . Based upon
the selling price of the lowest cost lots along 101 , this
dedication amounts to approximately $56 ,000 . We feel that a
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dedication of $56 ,000 substantiates our commitment to a community
' wide trail network .
The trail issue needs to be looked at also in a narrower scope
focusing on Kurvers Point as a housing development . If a trail is
required by the City of Chanhassen , when should it be installed and
how should it be financed? In previous correspondence and
discussions with the City , we have stated that if a trail is
' required , it makes sense to install it at a later date for two
primary reasons , one pertaining to physical installation and the
second pertaining to financing .
' Regarding installation , completion of the trail at a later date
will prevent damage during home construction which will be
occurring in the area . It will be beneficial to install the
' trail /sidewalk after the completion of phase two for overall
continuity. Phase one , by itself , will start at 101 and end in the
middle of the development .
' In order to be up-front with buyers and to preserve the right of
the City to install a sidewalk , Kurvers Point has clearly
identified the trail in all purchase agreements . The agreement
t states , "Buyer and Seller acknowledge that the 10 feet of property
fronting Kurvers Point Road is subject to possible future use as
a walkway , under terms of a Developers Agreement between Seller and
' the City of Chanhassen . "
Pertaining to the financial aspects of the sidewalk/trail issue ,
' two concerns exist , initial cost and method of financing . In order
for a sidewalk to be compatible with the $300 ,000 to $500 ,000 homes
in Kurvers Point , it must be constructed of concrete . A five foot
wide concrete walkway is expected to cost approximately $11 ,430 . 00 .
If the City waives the payment of trail fees for Kurvers Point in
lieu of trail construction by the developers , an inequitable
situation will exist . Trail fees from Kurvers Point will amount
to approximately $5265 . 00 ( $135 . 00 X 39 lots ) . This amount is
$6165 . 00 short of the sum needed to install the sidewalk . How will
the developer be compensated for the additional expense?
The City of Chanhassen is now embarking on the installation of an
overall trail plan which will hopefully be approved on November
8th . Installation of the Kurvers Point trail at the time of the
installation of some of the community trails by the same contractor
should result in overall cost savings . Regardless of how the costs
are assigned , they are an overall cost to taxpayers within the
' entire community . Isn ' t it beneficial to install public
improvements in the most economical manner possible?
' In summary, the developers of Kurvers Point ask that the City
Council consider the following issues in reaching a decision on the
trail issue :
' 1 . The need for the interior trail /sidewalk is questionable .
Other developments approved during the same period of time have not
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been required to include trails .
2 . Kurvers Point has demonstrated that it supports the community
trail system through the dedication of land valued at approximately
$56 ,000 . This dedication received no formal park credit from the
City of Chanhassen .
3 . If a trail is to be installed , it should be accomplished in the
future by the City of Chanhassen to avoid damage to the walkway
during home construction and to simplify financing of the project .
The City of Chanhassen can collect trail fees at the time of
building permit issuance and install the concrete walkway as part
of a larger , more cost effective improvement project . The
developers of Kurvers Point have clearly communicated to all buyers
that a sidewalk may be installed in the right-of-way area .
The developers seek a fair and reasonable settlement of this '
issue . We respectively request that you consider the points
reviewed in this letter in making your decision .
Sincerely ,
." � . ' ' I
Melvin Kurvers
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