9b Development Contract
CITY OF
CHANHASSEN
90 City Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
Engineering Fax 612.937.9152
Public Safety Fax 612.934.2524
W'eb /l!1I'1I'.ci.chanhassen.mn.us
qb
MEMORANDUM
TO:
Anita Benson, City Engineer
David. Hempel, Assistant City Engineer#
FROM:
DATE:
December 8,1998
SUBJ:
Approve Development Contract and Construction Plans and
Specifications for Lake Lucy Estates - Project No. 95-11
The attached Development Contract incorporates the conditions of approval from
the final platting and construction plans and specifications review process. Staff
has calculated the required [mancial security to guarantee compliance with the
terms of the Development Contract at $521,000.00 and the administration fees
total $45,888.93 which includes 113 of the required Trail and Park fees, and
SWMP fees.
The applicant has also submitted detailed construction plans and specifications for
staff review and City Council approval. Staff has reviewed the construction plans
and specifications and finds the specifications in general conformance to City
standards. It is therefore recommended that the construction plans and
specifications for Lake Lucy Estates dated October 23, 1998, revised
December 14, 1998, prepared by Westwood Professional Services, Inc. and the
Development Contract dated December 14, 1998 be approved conditioned upon
the following:
1. The applicant shall enter into the Development Contract and supply the City
with a cash escrow or letter of credit in the amount of $521,000.00 and pay an
administration fee of $45,888.93
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.'\. ' 'Attachments: 1.
...... ......... .........- "....'. 2.
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3.
Development Contract dated December 14, 1998.
Construction plans and specifications are available for
review in the Engineering Department.
Breakdown of administration fees dated December 8, 1998.
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Homer Tompkins, Contractor Property Developers Co.
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be City ofCl)(//dlllSsen. A growing community with clean lakes, quality schools, a clitlmling downtown, thriving businesses, and beautiful parks. A great place to live, work, and pl4y.
CITY OF CHANHASSEN
LAKE LUCY ESTATES
PROJECT NO. 95-11
BREAKDOWN OF ADMINISTRATION FEES - 12/8/98
Estimated Total Cost of Public Improve~nts................................................................... $451,801.00*
- 3% of Public Improve~nt Costs (Up To $500,000) .................................................... $ 13,554.00
- Street lighting Charge (for electricity)
3 Lights @ $300.00 .............................................................................................. $ 900.00
- Fmal Plat Process (Attorney Fee for Review and Recording of Plat
and Develop~nt Contract)................................................................................... $ 450.00
- Recording Fees
a. Develop~nt Contract...................................................................................... $ 30.00
b. Plat Filing.. ................ ........ ...... ..... ......... .......... ........... ..................... ............ ...... $ 30.00
c. Conservation Ease~nts ................................................................................... $ 30.00
d. Drainage & Utility Ease~nt ............................................................................ $ 30.00
- (113) Trail Fees [16 lots x $40013] ................................................................................... $ 2,133.33
- (113) Park Fee [16 lots x $1,20013] .................................................................................. $ 6,400.00
- Surface Water Manage~nt Fees .................................................................................... $
a. Water Quality....... ............. ..................... ......... ......... .... .......... ........................... $ 0.0**
b. Water Quantity ................................................................................................. $ 22,116.60
- GIS Fee ($25/Plat and $10/parcel)................................................................................... $ 215.00
TOTAL ADMIN'ISTRA TION FEES ............................................................................ S 4S~ 93
*This figure does not include landscaping.
** Assuming phosphorus removal per City's SWMP standards.
\'erst \vol2\eng'<<Nakc lucy estatcs.fcc.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
LAKE LUCY ESTATES
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
PAGE
SPECIAL PROVISIONS
1. REQUEST FOR PLAT APPROVAL..... ......................... SP-l
2. CONDITIONS OF PLAT APPROVAL... ....... ........... ....... SP-l
3. DEVELOPMENT PLANS...................................... SP-l
4. IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-2
5. TIME OF PERFORMANCE.................................... SP-2
6. SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-2
7. NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-3
8. OTHER SPECIAL CONDITIONS............................... SP-3
9 . GENERAL CONDITIONS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SP-7
GENERAL CONDITIONS
1. RIGHT TO PROCEED....................................... GC-l
2. PHASE DEVELOPMENT...................................... GC-l
3. EFFECT OF SUBDIVISION APPROVAL. ........................ GC-l
4. IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-l
5. IRON MONUMENTS ......................................... GC-2
6. LICENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-2
7. SITE EROSION CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-2
7A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER
BUILDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-3
8 . CLEAN UP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC - 3
9. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS............... GC-3
1 0 . CLAIMS................................................. GC - 3
11. PARK AND TRAIL DEDICATION ........................ ...... GC-4
12. LANDSCAPING............................................ GC-4
13 . WARRANTy............................................... GC - 5
14. LOT PLANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC- 5
15. EXISTING ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
16. STREET LIGHTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
17. SIGNAGE... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-5
18. HOUSE PADS............................................. GC-5
19. RESPONSIBILITY FOR COSTS............................... GC-5
20 . DEVELOPER I S DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-7
21. MISCELLANEOUS
A. Construction Trailers .......................... ... GC-7
B. Postal Service.................................... GC-7
C. Third Parties ..................................... GC-7
D. Breach of Contract................................ GC-8
E. Severability...................................... GC-8
F. Building Permits.................................. GC-8
G. Waivers/Amendments................................ GC-8
H. Release........................................... GC-8
I. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-8
J. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-9
1
K. Assignability..................................... GC-g
L. Construction Hours ................... .... ..... .... GC-g
M. Noise Amplification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC-g
N. Access............................................ GC-g
O. Street Maintenance............................... GC-10
P. Storm Sewer Maintenance.......................... GC-10
Q. Soil Treatment Systems ........................... GC-10
R. Variances........................................ GC-10
S. Compliance with Laws, Ordinances, and Regulations GC-10
T. proo f 0 f Ti tIe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GC -11
U. Soil Conditions.................................. GC-11
v. Soil Correction.................................. GC-11
W. Haul Routes........................................ GC-11
X. Development Signs.................................. GC-11
Y. Construction Plans....................... ...... .... GC-12
11
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LAKE LUCY ESTATES
SPECIAL PROVISIONS
AGREEMENT dated December 14, 1998, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (the "City"), and,
BRIAN N. TICHY AND NANCY L. TICHY, husband and wife, and ROBERT R.
CHRISTENSEN AND ETHELYN Z. CHRISTENSEN, husband and wife, and
CONTRACTOR PROPERTY DEVELOPERS COMPANY, a Minnesota corporation
(the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for Lake Lucy Estates (referred to in this
Contract as the "plat"). The land is legally described on the
attached Exhibit "A".
2 . Condi tions of Plat Approval. The City hereby approves
the plat on condition that the Developer enter into this Contract
and furnish the security required by it.
3. Development Plans. The plat shall be developed in
accordance with the following plans. The plans shall not be
attached to this Contract. With the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the
Contract, but before commencement of any work in the plat. If the
plans vary from the written terms of this Contract, the written
terms shall control. The plans are:
Plan A:
Final plat approved December 14, 1998, prepared by
Westwood Professional Services, Inc.
Plan B:
Grading, Drainage and Erosion Control Plan dated
November 23, 1998, revised December 14, 1998, prepared
by Westwood Professional Services, Inc
Plan C:
Plans and Specifications for Improvements dated November
23, 1998, revised December 14, 1998, prepared by
Westwood Professional Services, Inc.
Plan D:
Landscape Plan dated November 18, 1998, prepared by
Westwood Professional Services, Inc.
Revised 2/23/98
SP-1
4. Improvements.
the following:
The Developer shall install and pay for
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone,
CATV)
I. Setting of Lot, Block, and Wetland Monuments
J. Surveying and Staking
K. Landscaping/Reforestation
L. Erosion Control
5. Time of Performance. The Developer shall install all
required improvements by November 15, 2000. The Developer may,
however, request an extension of time from the City. If an
extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of
this Contract, paYment of special assessments, paYment of the costs
of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of
credit from a bank, cash escrow, or equivalent ("security") for
$521,000.00. The amount of the security was calculated as 110% of
the following:
Site Grading/Restoration........ .......... ... ....
Sani tary Sewer...................................
Watermain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Storm Sewer, Drainage System,
including cleaning and maintenance.......... .....
Streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street lights and signs.................. ........
Erosion control.................... . . . . . . . . . . . . . .
Engineering, surveying, and inspection........ ...
SP-2
$ 80,000.00
$ 90,000.00
$ 46,126.00
$ 40,600.00
$ 158,000.00
$ 1,100.00
$ 5,975.00
$ 30,000.00
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 22,000.00
TOTAL COST OF PUBLIC IMPROVEMENTS................ $ 473.801.00
This breakdown is for historical reference; it is not a restriction
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
December 31, 2000. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the
required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also
draw it down. If the security is drawn down, the draw shall be
used to cure the default. With City approval, the security may be
reduced from time to time as financial obligations are paid, but in
no case shall the security be reduced to a point less than 10% of
the original amount until all improvements are complete and
accepted by the City.
7. Notice. Required notices to the Developer shall be in
writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by registered mail
at the following addresses:
Robert & Ethelyn Christensen
1511 Lake Lucy Road
Chanhassen, MN 55317
Brian & Nancy Tichy
1471 Lake Lucy Road
Chanhassen, MN 55317
Homer Tompkins III
Contractor Property Developers
9110 - 83rd Avenue North
Brooklyn Park, MN 55445
Company
Notices to the City shall be in writing and shall be either hand
delivered to the City Manager, or mailed to the City by registered
mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 City Center Drive, P.O. Box 147,
Chanhassen, Minnesota 55317, Telephone (612) 937-1900.
8. Other Special Conditions.
A. Type III erosion control fence shall be used
adjacent to the wetlands and Type I erosion control fence shall
be used adjacent the grading limits.
B. All areas disturbed as a result of construction
activities shall be immediately restored with seed and disc-
mulched or wood-fiber blanket or sod within two weeks of
completion of each activity in accordance with the City'S Best
Management Practice Handbook.
SP-3
C. All utility and street improvements shall be
constructed in accordance with the latest edition of the City's
Standard Specifications and Detail Plates.
D.
in accordance
shall install
the utilities
Wetland buffer areas shall be surveyed and staked
with the City's wetland ordinance. The developer
wetland buffer edge signs before the City accepts
and will charge the applicant $20 per sign.
E. The applicant shall enter into a development
contract with the City and provide the necessary financial
security to guarantee compliance with the terms of the
development contract.
F. The applicant shall apply for and obtain permits
from the appropriate regulatory agencies, i.e. Carver County,
Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota
Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their
conditions of approval.
G. Drainage and utility easements shall be dedicated
on the final plat over the following lots: Outlots A & B, the
northerly 20 feet of lots 8 & 9, Block 2, and the southwesterly
corner of Lot 3, Block 1, lying southwesterly of a line drawn
diagonally from 45 feet northerly and easterly of the southwest
corner of Lot 3, Block 1.
H. No berming, retaining walls or landscaping will be
allowed within the right-of-way.
I. The lowest floor elevation of all buildings
adjacent to the wetlands or storm water ponds shall be a minimum
of two feet above the lOa-year high water level.
J. A stormwater quality pond is being provided on
site to pretreat runoff prior to discharging into the wetlands.
The stormwater pond will have side slopes 4:1 throughout for
safety purposes. The stormwater pond design is being reviewed by
staff to determine the phosphorus removal efficiency.
K. Existing wells and/or septic systems on site will
have to be properly abandoned in accordance with City and
Minnesota Department of Health codes/regulations. The existing
home (Tichy) on Lot 4, Block 3 shall be connected to the City's
sanitary sewer system within 30 days after the system becomes
operational. Connection to City water is not required unless the
well on Lot 4, Block 3 fails.
SP-4
L. The applicant shall report to the City Engineer
the location of any drain tiles found during construction and
shall re-Iocate or abandon the drain tile as directed by the City
Engineer.
M. All lots shall take direct access to the interior
street system and not Lake Lucy Road. Lot 4, Block 3 may
relocate their driveway from Lake Lucy Road to Lakeway Drive. If
the driveway is relocated to Lakeway Drive, the street address
for this lot shall be changed accordingly.
N. Lots 1 through 3, Block 1, Lots 1 and 2, Block 2,
and Lots 1 through 3, Block 3 shall be custom graded at time of
building permit issuance. A detailed grading (with two-foot
contours), drainage, tree removal and erosion control plan shall
be submitted with the building permit application for review and
approval by the City engineer prior to issuance of a building
permit for the lot.
O. Preliminary and final plat approval shall be
contingent upon sanitary sewer service being extended to the plat
from the Coey property (pointe Lake Lucy) to this site and the
applicant obtaining a drainage and utility easement from the
Morins.
P. All private streets shall be designed and
constructed in accordance to City Ordinance No. 209 and a
turnaround acceptable to the City's Fire Marshal. A private
maintenance agreement and access easement shall be provided for
all parcels served by a private street(s) (including the Morin's
parcel)
Q. The developer shall extend utilities to the parcel
to the west through a location determined by the City. The
developer shall be reimbursed by the City for the costs to extend
sanitary sewer along Lake Lucy Lane. Temporary barricades shall
be placed at the end of Lakeway Lane. A sign shall be placed on
the barricades indicating "this street shall be extended in the
future". A condition will also be placed in the development
contract to inform all property owners in Lake Lucy Estates of
this street extension.
R. A variance to the City's private street ordinance
to allow up to 5 homes to access Lakeway Court, 10% street grade
on Lakeway Drive and 50-foot right-of-way throughout except for
the cul-de-sac is recommended.
S. The applicant or their assignee shall submit a
haul route and traffic control plan to the City Engineer for
review and approval prior to site grading commencing.
SP-5
T. Individual sewer and water services to the lots
shall be field verified to determine the path of least impact to
the trees.
u. The applicant shall be entitled to a refund (up to
90% depending on construction costs) of a portion of future sewer
connection charges collected from Morin's parcel when building
permits are issued.
v. The proposed single family residential development
of 11.48 net developable acres is responsible for a water quality
connection charge of $8,936.00 and a water quantity fee of $22,730.
The Water quality fee will be waived upon the applicant meeting
NURP design for on site runoff. These fees are payable to the City
prior to the City filing the final plat.
W. The applicant shall plant 162 trees as
replacement/reforestation plantings. The number of replacement
trees could increase based upon the level of grading on the site.
Trees shall be selected from the city's Approved Tree List as
shown on the landscape plan dated November 6, 1998.
x. Tree removal limits shall be established 20 feet
from the building pad for all custom graded lots, once the type
of home is designated. Tree protection fencing must be installed
at the limits and maintained throughout construction.
Y. No berming or landscaping will be allowed within
the right-of-way. The applicant shall work with the City in
developing a landscaping replacement plan on the site and along
Lake Lucy Road right-of-way. The vegetated areas which will not
be affected by the development will be protected by a
conservation easement. The conservation easement shall permit
removal of dead or diseased vegetation. All healthy trees over
6" caliper at 4' height shall not be permitted to be removed.
z. A snow fence shall be placed along the edge of
tree preservation easements prior to grading.
AA. Building Department conditions:
1. Obtain demolition permits. This should be
done prior to any grading on the property.
2. Obtain building permits from the Inspections
Division for retaining walls over 48" high.
BB. Fire Marshal conditions:
SP-6
1. With reference to block 2, lot 6, if
structure is not visible from the street,
additional address numbers will be required
at driveway entrance. Pursuant to Chanhassen
Fire Permit Policy Premise Identification No.
29-1992.
CC. Full park and trail fees shall be collected per
city ordinance in lieu of land acquisition and/or trail
construction.
DD. The buffer on Lot 5, Block 2, shall be adjusted so
that there is a smoother transition along the Lot 5 property line.
EE. Lots 4 and 5, Block 2 are encouraged to share a
dock to minimize impact on the wetlands.
FF. Cross-access and maintenance agreements will need
to be prepared for use of the private driveway including the
Morin's parcel.
GG. A cross access easement agreement prepared for the
use of the private driveway including the Randall parcel."
9. General Conditions. The general conditions of this
Contract, approved by the City Council on February 23, 1998 are
attached as Exhibit "B" and incorporated herein.
SP-7
CITY OF CHANHASSEN
BY:
Nancy K. Mancino, Mayor
(SEAL)
AND:
Don Ashworth, City Manager
DEVELOPERS:
BY:
Brian N. Tichy
BY:
Nancy L. Tichy
BY:
Robert R. Christensen
BY:
Ethelyn Z. Christensen
BY:
Horner H. Tompkins III
Its President of Contractor
Property Developer Co.
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ___
day of ,19 ,by Nancy K. Mancino, Mayor, and by
, 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
SP-8
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by Brian N. Tichy and Nancy L.
Tichy, husband and wife.
NOTARY PUBLIC
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___
day of , 19____, by Robert R. Christensen and
Ethelyn Z. Christensen, husband and wife.
NOTARY PUBLIC
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___
day of 19 , by Homer H. Tompkins III,
President of Contractor Property Developers Company, on Minnesota
corporation, on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937-1900
SP-9
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
That part of Government Lot 5, Section 2, Townership 116 North,
Range 23 West of the 5th Principal Meridian, described as follows:
.
Commencing at the Northeast corner of said Government Lot 5;
thence on an assumed bearing of North 87 degrees 50 minutes 47
seconds West, along the North line of said Government Lot 5, a
distance of 488.42 feet, to the point of beginning of the land
to be described; thence continuing North 87 degrees 50 minutes
47 seconds West, along said North line, a distance of 205.56
feet, to a point distant 647.29 feet Easterly from the
Northwest corner of said Government Lot 5, thence South 00
degrees 24 minutes 23 seconds West, parallel with the West
line of Section 2 about 1342 feet to the shoreline of Lake
Lucy; thence Easterly, a long said shoreline, to the
intersection with line drawn South 00 degrees 24 minutes 23
seconds West, parallel with the West line of Section 2, from
the point of beginning; thence North 00 degrees 24 minutes 23
seconds East, about 1247 feet, to the point of beginning.
Torrens Certificate Number 16604.
AND:
That part of Government Lot 5, Section 2, Township 116, Range 23,
described as follows:
Beginning at a point 375 feet East of the Northwest corner of
said Lot 5; thence East 272.29 feet; thence South 1320 feet;
thence South 22 degrees 37 minutes 00 seconds West 214.5 feet;
thence South 132 feet; thence South 51 degrees 53 minutes 00
seconds East 105.06 feet; thence West 272.29 feet; thence
North 1716 feet to place of beginning, according to the U.S.
Government Survey thereof, Carver County Minnesota.
SP-10
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
,
fee owners of all or part of the subject property, the development
of which is governed by the foregoing Development Contract, affirm
and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the subj ect
property owned by them.
Dated this
day of
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-11
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of
which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect
even if it forecloses on its mortgage.
Dated this
day of
, 19
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SP-12
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be
platted, the Developer may not grade or otherwise disturb the
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 agreement
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
Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have
been satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multi-
phased preliminary plat, the City may refuse to approve final plats
of subsequent phases if the Developer has breached 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.
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
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
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 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 Special
Provisions of this Contract shall be installed in accordance with
City standards, ordinances, and plans and specifications 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 necessary permits from the
Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at
the Developer's expense, have one or more construction inspectors
GC-1
and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform
site inspections on a daily basis. Inspector qualifications shall
be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector 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 schedule a preconstruct ion 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 utility improvements and base course pavement 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) one complete full-size sete of blue line
as-built plans and two sets of reduced 11"x17" as-built plans, (3)
two complete sets of utility tie sheets, (4) location of buried
fabric used for soil stabilization, (5) location stationing and
swing ties of all utility stubs including draintile cleanouts, and
(6) bench mark network.
5. Iron Monuments. Before the security for the completion
of utilities is released, all monuments must be correctly placed in
the ground in accordance with Minn. Stat. ~ 505.02, Subd. 1. The
Developer I s surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6.
agents,
plat to
City in
License. The Developer hereby grants the City,
employees, officers and contractors a license to enter
perform all work and inspections deemed appropriate by
conjunction with plat development.
its
the
the
7. 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 I s expense. The
City will endeavor to notify the Developer in advance of any
GC-2
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 e"rosion 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 authorize the removal of the erosion
control, i.e. hay bales and silt fence. The Developer shall remove
and dispose of the erosion control measures.
7a. Erosion Control During Construction of a Dwelling or
Other Building. Before a building permit is issued for
construction of a dwelling or other building on a lot, a $500.00
cash escrow or letter of credit per lot shall also be furnished the
City to guarantee compliance with City Code ~ 20-94.
8. Clean up. The Developer shall maintain a neat and
orderly work site and shall daily clean, on and off site, dirt and
debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its
agents or assigns.
9. Acceptance and Ownership of Improvements. Upon
completion and acceptance by the City of the work and construction
required by this Contract, the improvements lying within public
easements shall become City property. After completion of 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
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
engineer shall submit a written statement to the City Engineer
certifying that the project has been completed in accordance with
the approved plans and specifications. The appropriate contractor
waivers shall also be provided. Final acceptance of the public
improvements shall be by City Council resolution.
10. Claims. In the event that the City receives claims from
laborers, materialmen, or others that work required by this
Contract has been performed, the sums due them have not been 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 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%
GC-3
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.
11. Park and Trail Dedication. At the time of issuance of
building permits for construction, the Developer, its successors or
assigns, shall pay to the City the park and trail dedication fees
then in force pursuant to Chanhassen City Ordinances and City
Council resolutions. One-third (1/3) of the park and trail cash
contribution shall be paid contemporaneously with the City's
approval of the subdivision. The balance, calculated as follows,
shall be paid at the time building permits are issued: rate in
effect when a building permit is issued minus the amount previously
paid.
12. Landscaping.
accordance with Plan D.
Landscaping
shall
be
installed
ln
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 and
one-half (2~) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area
between curb and property line). In addition to any sod required
as a part of the erosion control plan, Plan B, the Developer or lot
purchaser shall sod the boulevard area and all drainage ways on
each lot utilizing a minimum of four (4) inches of topsoil as a
base. Seed or sod shall also be placed on all disturbed areas of
the lot. If these improvements are not in place at the time a
certificate of occupancy is requested, a financial guarantee of
$750.00 in the form of cash or letter of credit shall be provided
to the City. These conditions must then be complied with within two
(2) months after the certificate of occupancy issued, except that
if the certificate of occupancy is issued between October 1 through
May 1 these conditions must be complied with by the following July
1st. Upon expiration of the time period, inspections will be
conducted by City staff to verify satisfactory completion of all
conditions. City staff will conduct inspections of incomplete
items with a $50.00 inspection fee deducted from the escrow fund
for each inspection. After satisfactory inspection, the financial
guarantee shall be returned. If the requirements are not
satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for
maintenance of erosion control pursuant to City Code Section 20-94
or to satisfy any other requirements of this Contract or of City
ordinances. These requirements supplement, but do not replace,
specific landscaping conditions that may have been required by the
City Council for project approval.
GC-4
13. Warranty. The Developer warrants all work required to
be performed by it against poor material and faulty workmanship 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 landscape plantings shall be warranted for eighteen (18) months
from the time of formal acceptance by the City. The Developer or
his contractor(s) shall post a letter of credit or other security
acceptable to the City to secure the warranties at the time of
final acceptance.
14. Lot Plans. Prior to the issuance of building permits,
an acceptable Grading, Drainage, Erosion Control including silt
fences, and Tree Removal Plan shall be submitted for each lot 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 development plans and City Ordinance.
15. Existing Assessments. Any existing assessments against
the plat will be re-spread against the plat in accordance with City
standards.
16. Public Street Lighting. The Developer shall have
installed and pay for public street lights in accordance with City
standards. A plan shall be submitted for the City Engineer 's
approval prior to the installation. Before the City signs the
final plat, the Developer shall pay the City a fee of $300.00 for
each street light installed in the plat. The fee shall be used by
the City for furnishing electricity for each public street light
for twenty (20) months.
17. Signage. All street signs and traffic signs required by
the City as a part of the plat shall be furnished and installed by
the City at the sole expense of the Developer.
18. House Pads. The Developer shall promptly furnish the
City "as-built" plans indicating the amount, type and limits of
fill on any house pad location.
19. Responsibility for Costs.
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, processing
pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City I s cost for
construction inspections. The fee shall be calculated as follows:
GC-5
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 (2~%) of construction
costs for the first $1,000,000 and one
and one-half percent (1~%) 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 improvements is
defined in paragraph 6 of the Special Provisions.
B. In addition to the administrative fee, the Developer
shall reimburse the City for all costs incurred by the City for
providing construction inspections. 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
19E of this Agreement.
C. The Developer shall hold the City and its officers
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 payor 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 attorneys' fees.
E. The Developer shall pay in full all bills submitted
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 building
permits for lots which the Developer mayor may not have sold,
GC-6
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
referred to herein, other charges
imposed such as, but not limited
("SAC"), City water connection
charges, and building permit fees.
charges and special assessments
and special assessments may be
to, sewer availability charges
charges, City sewer connection
G. Private Utilities. The Developer shall have
installed and pay for the installation of electrical, natural gas,
telephone, and cable television service in conjunction with the
overall development improvements. These services shall be provided
in accordance with each of the respective franchise agreements held
with the City.
H. The developer shall pay the City a fee established
by City Council resolution, to reimburse the City for the cost of
updating the City's base maps, GIS data base files, and converting
the plat and record drawings into an electronic format.
20. 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.
21. 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 otherwise 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. The City is not a guarantor
of the Developer's obligations under this Contract. The City shall
have no responsibility or liability to lot purchasers or others for
GC-7
the City's failure to enforce this Contract or for allowing
deviations from it.
D. Breach of Contract. Breach of the terms of this
Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties. The City may also
issue a stop work order halting all plat development until the
breach has been cured and the City has received satisfactory
assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection,
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. Building Permits. Building permits with the
exception of a model home adjacent to a hard surface public street
will not be issued in the plat until sanitary sewer, watermain, and
storm sewer have been installed, tested, and accepted by the City,
and the streets needed for access have been paved with a bituminous
surface and the site graded and revegetated in accordance with Plan
B of the development plans.
G. 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.
H. 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 as written request for
a certificate applicable to an individual lot allowing a minimum of
ten (10) days for processing.
I. Insurance. Developer shall take out and maintain
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 property
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 $500,000 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
GC-8
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 cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the
required notice.
J. Remedies. Each right, power or remedy herein
conferred upon the City is cumulative and in addition to every
other right, power or remedy, expressed 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.
K. 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.
L. Construction Hours. Construction hours for required
improvements under this contract shall be from 7:00 a.m. to 6:00
p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no
such activity allowed on Sundays or any recognized legal holidays.
Under emergency conditions, this limitation may be waived by the
consent of the City Engineer. Any approved work performed after
dark shall be adequately illuminated. If construction occurs
outside of the permitted construction hours, the Developer shall
pay the following administrative penalties:
First violation
Second violation
Third & subsequent violations
$ 500.00
$ 1,000.00
All site development and
construction must cease
for seven (7) calendar days
M. Noise Amplification. The use of outdoor
loudspeakers, bullhorns, intercoms, and similar devices is
prohibited in conjunction with the construction of homes,
buildings, and the improvements required under this contract. The
administrative penalty for violation of construction hours shall
also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City
accepting the roadway improvements shall be the responsibility of
the Developer regardless if the City has issued building permits or
occupancy permits for lots within the plat.
GC-9
O. Street Maintenance. The Developer shall be
responsible for all street maintenance until streets within the
plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent 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 rej ect 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 service does not constitute final acceptance
of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be
responsible for cleaning and maintenance of the storm sewer system
(including ponds, pipes, catch basins, culverts and swales) within
the plat and the adjacent off-site storm sewer system that receives
storm water from the plat. The Developer shall follow all
instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations
under this paragraph shall end two (2) years after the public
street and storm drainage improvements in the plat have been
accepted by the City.
Q. 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 unacceptable and replacement sites will
need to be located for each violated site in order to obtain a
building permit.
R. 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.
S. 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);
GC-10
5. Metropolitan Government, its agencies,
departments and commissions.
T. Proof of Title. Upon request, the Developer 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.
U. 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 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 from any claims or actions arising
out of the presence, if any, of hazardous wastes or pollutants on
the property, unless hazardous wastes or pollutants were caused to
be there by the City.
V. Soil Correction. The Developer shall be responsible
for soil correction work on the property. The City makes no
representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil
conditions which may exist. On lots which have no fill material a
soils report from a qualified soils engineer is not required unless
the City's building inspection department determines from
observation that there may be a soils problem. On lots with fill
material that have been mass graded as part of a multi-lot grading
project, a satisfactory soils report from a qualified soils
engineer shall be provided before the City issues a building permit
for the lot. On lots with fill material that have been custom
graded, a satisfactory soils report from a qualified soils engineer
shall be provided before the City inspects the foundation for a
building on the lot.
W. Haul Routes. Bluff Creek Drive from Trunk Highway
212 to pioneer Trail (CSAH 14) may not be used by the Developer,
the Developer's contractors or subcontractors as a haul route for
the import or export of soil, construction material, construction
equipment or construction debris, or any other purpose.
X. Development Signs. The Developer shall post a six
foot by eight foot development sign in accordance with City
Detail Plate No. 5313 at each entrance to the project. The sign
shall be in place before construction of the required
improvements commences and shall be removed when the required
improvements are completed, except for the final lift of asphalt
on streets. The signs shall contain the following information:
project name, name of developer, developer's telephone number and
designated contact person, allowed construction hours.
GC-11
Y. Construction Plans. Upon final plat approval, the
developer shall provide the City with two complete sets of full-
size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications.
GC-12
Administrative Section
Letter to Charles Folchfrom Jon Brekke, Minnesota Valley Electric Cooperative
dated December 2, 1998.
Letter from Donald Bluhm, Metropolitan Council dated November 30,1998.
Memo from Anita Benson, City Engineer dated December 4, 1998.
Letter to the Managers of the Riley-Purgatory-BluffCreek Watershed District
dated December 2, 1998.
Memo from Anita Benson dated November 23, 1998.
A Touchstone Energy" Partner ~t>,
-
Minnesota Valley Electric Cooperatille
December 2, 1998
Mr. Charles Folch
City of Chanhassen
690 City Center Drive
PO Box 147
Chanhassen, MN 55317
Dear Ms. Folch,
Previously, we sent you written correspondence regarding our Year 2000 readiness. Please
be advised that we are designating this previous correspondence as a "Year 2000
Readiness Disclosure" in accordance with the Information Readiness Disclosure Act.
If you have any questions please call us.
Sincerely,
CJov-- 7. ~
Jon P. Brekke
Year 2000 Project Manager
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. The power of human connections .
(612) 492-2313 . 125 Minnesota Valley Electric Drive. PO. Box 125 . Jordan. Minnesota 55352. (800)282-6832
General FAX: (612) 492-8274. Engineering FAX: (612) 492-8296. Administration FAX: (612) 492-3137
A Touchstone Energy'" Partner ~T~
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rinnesota Valley Electric Cooperative
November 9, 1998
CITY Of CHANHASSEN
OO~@mmYlrnfID
NOV 1 0 1998
Mr. Charles Folch
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
ENGINEERING DEPT.
Dear Mr. Folch:
Thank you for inquiring about Year 2000 readiness efforts at Minnesota Valley. We
began working on this challenge in 1997, and we are at various stages of inventorying,
assessing and remediating potential Year 2000 computer problems.
A staff task force is working under my direction to address all service-critical systems.
The task force is evaiuating the vital components needed to provide our customers with
electricity in addition to our in-house applications and electronic equipment needed to
provide customer service and communications. Minnesota Valley is correcting any
problem systems that we discover. For example, our billing system is being fully
replaced with new hardware and software to address Year 2000 readiness issues.
Our power provider is Cooperative Power (CP). I am enclosing a copy ofCP's Year
2000 statement.
Minnesota Valley's top priority is to provide responsive and reliable service to all our
customers. Please contact me at (612) 492-8202 if you need additional information.
Sincerely,
~~
JtfIIEC
A Touchstone Energy- Partner ~1"
Minnesota Valley Electric Cooperative
Jon Brekke
Manager of Information Systems
Jon Brekke
Manager of Information Systems
jonb@mnvalley.org
125 Minnesota Valley Electric Drive
PO Box 125
Jordan, Minnesota 55352
. T~ p<Ju'er of human J:on1U!c(ions .
(612) 492-8202
1-800-282-6832
Fax (612) 492-3137
Pager (612) 606-7461
· The power of human connections .
(612) 492-2313 . 125 Minnesota Valley Electric Drive. P.O. Box 125 . Jordan, Minnesota 55352 . (800)282.6832
General FAX: (612) 492.8274 . Engineering FAX: (612) 492-8296 . Administration FAX: (612) 492-3137
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Eden Prairie, Minnesota 55344-2287
(6 t 2) 937-8599 FAX (6 t 2) 949-1511
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May 28,1998
OPR. MGR.
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Minnesota Valley Electric Cooperative
Roger Geckler, General Manager
125 Minnesota Valley Electric Drive
PO Box 125
Jordan, MN 55352
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Dear Mr. Geckler:
Subjecf5Y eaf20c5b']ssue
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Cooperative Power is currently at various stages in the process of evaluating its
risk exposure, completing an inventory of systems and equipment, and
performing testing and remediation procedures on its most critical systems and
equipment. Every ieasonable attempt will be made to ensure that there is no
disruption of service as a result of Y2K issues.
Sincerely,
COOPERATIVE POWER
h~
Gary Carlson
Coordlnator, project year 2000
Phone 612/949-1524 dir.
Fax 612/949-8283
E-mail gcarlson@cp-power.com
An association of electric cooperatives
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c ,IEG,(l~J C'J-'.'I' I::lEC.'ll."'" A;SO,-'i,TIO:J . \lClEGD COV'E:I,I[O'"f ~()'!o'E.: ...S;:).~:..\'flO:; . M(EK:~ (cerE;:"f"iF UG'f:, ',,-oO',f/F'; "'~~.~:,:-::';
",;,;[ s 7~'::~ ,;~.~S"~Tr ~1'~'~~~~_{I~rl;,~.r:~:, Y~'~~;'~~]:~r~~:"~,~.F.,', ..r,'~:,~.L'_",?~.~,':~~..~.T\:~:.2-~'~.:.',:....: \~::~ ~ u:c: m;\ ::.'':IN ;~'~~~~?D"':I~/~( ~:~~ ~,:~;~,~ ~,:~;.;\Er..).,
. . .r:...... '.,.' ',I , .: f ,. C " (~l~ P!3.., , 0 .i" @
CBHouston
Industries
Incorporated
R. F. Brzezinski
HI Year 2000 Program Manager
October 13, 1998
Charles D. Felch
City of Chanhassen
P. O. Box 147
Chanhassen, MN 55317
Dear Charles:
Thank you for your inquiry conceming "Year 2000" issues. Houston Industries is taking appropriate steps on a
corporate level, and on behalf of its various subsidiaries and divisions (see attached list), to ensure that all date-
sensitive systems will function properly as the company enters the new millennium.
Houston Industries has created a corporate Year 2000 project office, led by a full-time program manager. The
program manager is accountable to the corporate Year 2000 steering committee, the program's executive sponsor and
to the company's board of directors. The program manager manages the Year 2000 project and is responsible for all
Houston Industries Year 2000 intemal and extemal resources, including contract services.
In 1997, the company initiated a corporate wide Year 2000 project to address mainframe application systems,
information technology ("Ir) related equipment, system software, client-developed applications, building controls, and
non-IT embedded systems such as process controls for energy production and delivery. The evaluation of Year 2000
issues included significant customers, key vendors, service suppliers and other parties material to the company's
operations.
Work has been prioritized in accordance with business risk. The highest priority has been assigned to activities that
would disrupt the physical delivery of energy; next are activities that would impact back office operations, such as
customer service and billing; and finally, the 100000st priority has been assigned to activities that would cause
inconvenience or productivity loss in normal business operations, such as air conditioning systems and elevators. All
business units have completed an analysis of critical systems and equipment that control the production and delivery
of energy, as well as corporate, departmental and personal systems and equipment.
The remediation and replacement work on the majority of IT systems, non-IT systems and infrastructure began in the
first quarter of 1998 and is expected to be completed by the second quarter of 1999. Testing of these systems began
in the second quarter of 1998 and is scheduled to be completed during the third quarter of 1999. The company
estimates that the total direct cost resolving the company's Year 2000 issues will be between $35 and $40 million.
Houston Industries is doing everything necessary to ensure that it is adequately and appropriately addressing its Year
2000 issues. If you should have any questions or comments conceming these efforts, please do not hesitate to
contact me at 713-207-6600 (phone) or 713-207-9567 (fax).
cc:
Tom Somers, Minnegasco
CHY Of CHA.HASSE~
rnrn@~n\'l1~rD1
OC1 1 ~; 1998
EMG\MEERUtG DEPT.
RFB/cb
P.O. Box 4567, Houston, Texas 77210-4567 (713) 207-3000
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~ Metropolitan Council
~ Working for the Region, Planning for the Future
Environmental Services
November 30, 1998
Charles F olch
City Engineer
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317-0147
CITY OF CHANHASSEN
[]j~@rnmVJ~fID
DEe 0 J ljj~
RE: Flow Calculation for the First Quarter of 1999 Cost Allocation
ENGINEERING DEPT,
Dear Mr. Folch:
The Metropolitan Council Environmental Services Division has measured and/or
calculated the flows (units in millions of gallons) for the months of July, August and
September 1998 generated within your community to be as follows:
Third Quarter 1998:
234.71
This information is considered to be preliminary and may be adjusted based on further
reVIew.
The above flow calculations includes estimates for any unmetered connections that either
enter or leave your community. Attached is a graph showing only metered flow, by
month, for this year and the previous three years. Therefore, the quarterly flow volume
shown above may not equate to the total 3 month flow volumes given in the chart.
The third quarter 1998 volume shown above will be used to allocate costs for your
community during first quarter 1999. If you have any questions or require additional
information, please call me at 602-1116, or Kyle Colvin at 602-1151.
Donald S. Bluhm
Municipal Services Manager
DSB:JLE
IqtrS99
cc: Julius Smith, Metropolitan Council District 4
Lois Spear, Metropolitan Council Environmental Services
230 East Fifth Street St. Paul. Minnesota 55101-1626
(651) 602-1005
Fax 602-1183
TDD/TrY 229-3760
An Equal Opportunity Employer
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Kerri Nolden. Public Safety Officer
Anita Benson. City Engineer .kV6
December 4.1998
90 City Center Drive. POBox 147 FROM:
Chanhassen, Minnesota 55317
Phone 612.937.1900 DATE:
General Fax 612.937.5739
Engineering Fax 612.937.9152 SUBJ:
Public Safety Fax 612.934.2524
web www.ci.chanhassen.mn.us
Speed Study on Oxbow Bend - PW070C5
Thank you for your assistance in conducting a speed study at Oxbow Bend. Please
forward the results to the Engineering Department as soon as possible so that an
analysis of the effectiveness of the advisory speed limit sign can be made.
jrns
c: Charles Folch. Director of Public Works
City Council Administrative Section (12/14/98)
\'dsl \Vo~g\anila\memos\oxbow bend speed study 2.doc
? City of Cbllllhasstll. A growing community with clean llikes, qualit)' ie/lools, Ii cham/illg downtown, thriving businesses, and beautiful parks. A great pllice to lit'e, work, and pl,~j:
CITY OF
CHANHASSEN
JO Ci0' Cfllter Drily, PO Box 147
o,illllJilsSfII, Millllesotil 55317
Pbolle 612.9311900
Gel/emf Fax 612.937.5739
~Ilgilleeriilg hlx 612.937.9151
)11b1ic S4e~)' hlx 612.9JU51-i
m'b ll'Il'Il:ci.cbmd',!.i.it'lJ./iI;I./!.i
, Ci~)' ofClwdJilssCIJ. .1
December 2, 1998
Managers of the Riley-Purgatory-Bluff Creek Watershed District
c/o Bob Obermeyer
Barr Engineering
8300 Norman Center Drive
Minneapolis, MN 55437-1026
Re: City of Chanhassen's Basic Water Management Project Petition for
Bluff Creek
Dear Managers:
I am writing this letter of behalf of the City of Chanhassen asking for a status
report on the City's petition to the Watershed District for a basic water
management plan. Our initial petition was submitted to the Watershed District on
June 4, 1997. Since then, we have been waiting for completion of the feasibility
study from the Watershed District. We have had some meetings with Bob
Obermeyer of Barr Engineering assuring us that the plan was in motion and that it
would eventually be approved by the Managers.
The City is doing projects such as trail, water quality, and wetland restoration
within the Bluff Creek corridor according to the plan we submitted to the
Watershed District. The City Council is concerned by the progress of the petition
and the participation of the Watershed District on these projects.
Thanks for you prompt attention to the matters.
Sincerely,
J l_~HANHASSEN
Phillip Elkin
Water Resources Coordinator
PE:jms
c: Don Ashworth, City Manager
Kate Aanenson, Planning Director
City Council Administrative Packet (12/14/98)
\'dsl \vo12'eng\philliplJeUers\bluff creek petition.doc
U,;r/I c!Ciiil /,;C'_,', CI:U/.:i)'
d d.1illil:iilZ dOll'l1tOU'1I1 thririJig VU.i;iii'.iJ(.;, Ii!:d
,;; (,
,ii/(/ pl~)~
Agr,',l:
CITY OF
CHANHASSEN
JO City Center Dri~'e, PO Box 141
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5139
:ngineering Fax 612.937.9152
)ublic Safety Fax 612.934.2524
lVeb www.ci.chanhassen.mn.us
MEMORANDUM
TO:
PegAnn79@ao1.com
Anita L. Benson, City Engineer ~
November 23,1998
FROM:
DATE:
SUBJ:
Trunk Highway 101 Improvements (West 78th Street to CSAH 62)
City Project No. 97-12
I am in receipt of your email dated November 17, 1998 to the Chanhassen City
Manager. Trunk Highway 10 I is currently in the process of being turned back to
Carver and Hennepin Counties for jurisdictional authority. Upon execution of the
fmal turnback agreement, the two counties will take over responsibility for
construction, repair and maintenance of what will become County State Aid
Highway 10 1. The Counties, along with the Cities of Eden Prairie and
Chanhassen, have been studying possible options for improvements of the
Highway 101 corridor. It is anticipated that public presentation of different
options will be made in late January or February of 1999. Residents will be
notified of these public open houses through individual mailings to residents along
the corridor and also notices in the Chanhassen Villager newspaper.
In your email you referenced the Highway 62 reconstruction project and expressed
your displeasure at the planning and completion of Highway 62 prior to the
reconstruction of Highway 101. County State Aid Highway 62 is under the
jurisdiction of Hennepin County for construction and maintenance. Should you
wish to speak directly with Hennepin County regarding the Highway 62 project,
please contact Mr. Jim Grube at 745-7507.
I can assure you that all agencies involved (Carver County, Hennepin County, the
City of Chanhassen and the City of Eden Prairie) are deeply concerned with the
safety of all motorists utilizing Highway 101. Please contact me at 937-1900,
extension 156 should you have any questions, comments or concerns regarding the
reconstruction of Highway 101 prior to the public open house meetings.
Attachment: PegAnn79@aol.com email dated November 17, 1998.
c: Jim Grube, Hennepin County
Roger Gustafson, Carver County
Gene Dietz, City of Eden Prairie
Tim Phenow, SRF Consulting Group, Inc.
City Council Administrative Section (12/14/98)
g :\eng\public\97 -l2\pegann 79 .doc
City ofCIJallhassen. A growing co 11I11I ltl/iry ll'ith clean lakes, qu,z/itJ'ichooli, a channing dou,lltown, thrii'ing businesses, iIIld bemttiful parks. A great place to liz'e, work. and p!i~Y.
From: PegAnn79@aol.com <PegAnn79@aol.com>
To: chmgr@cLchanhassen.mn.us <chmgr@cLchanhassen.mn.us>
Date: Tuesday, November 17, 1998 1 :23 PM
Subject: hwy 101
Page 1 of 1
can you pass this along to whomever has any control /imput over what is
happening
to hwy 101? I live on a developement off 101 and daily since 62 has been
completed
I have to worry about not only my life if I am lucky enough not to get rear
ended as I
am attempting to turn into my street,or if I am going to be able to pull out
of my street without getting hit. I welcome anyone in the office to come down
101 between
the hours of 7a-9a and 4p-7p. You will be taking you life in your hands if you
try to
turn anywhere off 101. I am upset at the planning and completion of 62 without
any
consideration for the dumping of this traffice on 101. Now the road is being
dug up
why don't know, probably to be turned into another Hwy 5. If I wanted to live
off a main
Hwy I would have purchased a home off Hwy 5. The increased traffic makes it
now
impossible to cross for biking or walking,let alone pulling out from MY
STREET. Do
the residents living off 101 have any imput into the destruction of 101. I
would like to
see a middle turn lane addded,definately not 4 lanes,like I said I did not
plan on
paying the outrageous taxes here to live off a main Hwy.Of course the MN
drivers
cannot even follow directions. I see none of the MN NICE about those speeders
driving down 101 barreling on my back as I am trying to turn and they pass
where it
says NO PASSING. I only hope I can survive this winter without getting hit by
some
idiot who cant wait while I turn into my street because the traffic is NON
STOP coming down 101 from 62. Didn't anyone think of the consequences this 62
traffic would have on 101? What kind of officials do we have? Something has
to be done
before an accident happens. Please pass my feeling on to the correct person
11/18/98