The URL can be used to link to this page

CAS-26_PLEASANT HILL 2ND ADDITION METES & BOUNDS SUBDIVISION WITHDRAWNCarver County, MN Property Information Parcel ID'. 25621GO10 Taxpayer Name: BRIAN L 8 TONYA M Z GABBARD Taxpayer Address: 64" MURRAY HILL RD Taxpayer City St. Zip: EXCELSIOR, MN 55331-8994 Property Address: 6444 MURRAY HILL RD Property City: CHANHASSEN GIS Acres: 1.15 •ti `Yh d a �f �Py I QA AS400 Acres: Homestead: Y School District: 0276 Watershed District: WS 062 MINNEHAHA CREEK Tax Exempt: N Platname: PLEASANT HILL 2ND ADDITION DY w: m. may waa aeaba UWQ carver cau,xya GaovanW Map Scale syaeaa, IGI51, it e a romp� or xwemueon aM Eab hom inch 232 feet b.«Y. Sla&, aM FeCaral Dolma. mw map •not a 1 = arxvaYed ar bYalY r0 map and o aiterieee b ea uaeE ae a rAy retererim. ca�erco ,xxynnolreepmniuebrarry nacauatlee Map Date mrrtenea Mren. 6/18/2013 N W+E S PLANNING CASE #07-26 7/30/09 Due to the requirement that no building could be constructed on the northerly 90 feet of the property, included in the purchase agreement between the City and the property owner, the metes and bounds subdivision was withdrawn and the restrictive covenant was executed and recorded against the property. Robert Generous, AICP Senior Planner Thomas]. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John P. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Eagan, MN 53121 651-452-5000 Fax 651-452-5550 xww.ck-law.enal CAMPBELL KNUTSON Professional Association Direct Dial(651) 234-6212 E-mail Address: snelson@ck-l".com February 22, 2008 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN—MISC. RECORDED DOCUMENTS GH_Lc��D RECEIVED FEB 2 b 2008 CITY OF CHANHASSEN D DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF CHANHASSEN AND GILBERT KREIDBERG AND JILLENE KREIDBERG, TRUSTEES OF THE GILBERT H. KREIDBERG REVOCABLE TRUST DATED JULY 30, 2004 AND THE JH.LENE A. KREIDBERBG REVOCABLE TRUST DATED JULY 30, 2004 (LOT 1, BLOCK 1, PLEASANT HH,L 2ND ADDITION Dear Kim: Enclosed for the City's files please find original recorded Declaration of Restrictive Covenant between the City and the Gilbert & Jillene Kreidberg Revocable Trusts which was filed with Carver County on February 1, 2008 as Abstract Document No. A478074 and as Torrens Document No. T165784. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association SCANNED DOCUMENT COVER PAGE pk=ved for Cmnty Rmwdc) Document NO. OFFICE OF THE T 165784 REGISTRAR OF TITLES IIIIIIIIIIIII IIIIII CARVER Ch##3184 0NTY M41 cNN$ SOTA eO Certified Recorded on 02-01-2008 at 12:30 ❑ AM r" PM 2008-02-01 &Al 1111iII III�IIIIIIIIIIIIIIIIIIIIIII III Cad strar of Hanson, DOCUNff Vi 'T DATX: t --y�;z 0, 07 NALNM: OFFICE OF THE DOCU111@nt NO. COUNTY RECORDER A 478074 CARVER COUNTY, MINNESOTA Fee $ 46.00 Checldt: 18400 Certified Recorded on 02-01-2008 at 12:30 ❑ n7CC II�I�II�'III�I��II CCountyRn rderr SCANNED C_ix,—P4. C aq ' i ^ART Ei'REii�"Z �.� Cl; :7 '_. DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration" ), effective the 20'h day of December 2007, by the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"), and consented to by GILBERT KREIDBERG a/k/a GILBERT H. KREIDBERG and GILBERT HARRY KREIDBERG, and JILLENE KREIDBERG a/k/a JILLENE A. KREIDBERG and JILLENE ANN KREIDBERG, Trustees of the Jillene A. Kreidberg Revocable Trust dated July 30, 2004 and the Gilbert H. Kreidberg Revocable Trust dated July 30, 2004, hereinafter jointly referred to as ("Declarants"). RECITALS A. Declarants are the fee owners of certain real property located in the City of Chanhassen, Carver County, Minnesota, legally described as Lot 1, Block 1, Pleasant Hill 2' Addition, according to the recorded plat thereof; B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1, Pleasant Hill 2' Addition ("Restricted Land") under a purchase agreement between the City and Declarants dated October 30, 1989 ("Purchase Agreement"); C. Under the Purchase Agreement, the City's sale of the Restricted Land to Declarants required a covenant to run with the land prohibiting construction of a building on the Restricted Land. The terms of the Purchase Agreement specifically provided that the terms of the Purchase Agreement would survive the closing. D. Declarants and the City desire to memorialize the covenant required under the terms of the Purchase Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, including the Purchase Agreement and foregoing recitals which are incorporated into this Declaration and made a part hereof, Declarants do hereby impose, create and establish the following covenants, conditions and restrictions upon the Restricted Land: 1. PROHIBITION ON CONSTRUCTION. No building may be constructed on the Restricted Land. A fence may be constructed on the property consistent with City ordinances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall nm with the Restricted Land, shall be recorded with Carver County against the title to the Restricted Land, and shall be binding upon and inure to the benefit of the City and Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Restricted Land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. CITY (CITY SEAL) M. STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) A. Furlong, Mayor Gerhardt, Cle&`Manager The foregoing mstnunent was acknowledged before me this I '6� day of TC 20C& by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor ler ger of the City of Chanhassen, a Minnesota municipal corporation, on f of th rporation and pursuant to the authori granted its ity Council. /, , _ N Public 0„s ''t, KAREN.1. ENGELHARDT %' Notary Public -Minnesota .. +I My COMMisaw Ex 7as Jan 31, 2010 135492.02 area'7) 1 STATE OF Mr1 ) J4oka4 )ss. COUNTY OFF ) -f4- The foregoing instrument was acknowledged before me this c;U day of , 2007, by Gilbert Kreidberg a/k/a Gilbert H. Freidberg and Gilbert Harry Kreidberg, AND Jillene Kreidberg Not Public THIS INSTRUMENT DRAFTED BY: OFFICIAL SEAL JODI GEIGLE CAMPBELL KNUTSON, P.A. ` ^' NOTARY PUBLIC-OREGON COMen+iSfON NO. 392519 Professional Association MY CO��iMMION C,;>iRES MAY — 2009 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh * a/k/a Jillene A. Freidberg and Jillene Ann Kreidberg, TRUSTEES of the Jillene A. Kreidberg Revocable Trust dated July 30, 2004 and the Gilbert H. Kreidberg Revocable Trust dated July 30, 2004, on behalf of both Trusts. 135492.02 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 1 /14/08 07-26 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 12/20/07 07-26 Declaration of Restrictive Covenant - Lot 1, Block 1, Pleasant Hills 2nd Addition THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints REMARKS Sue - Please have this document recorded as soon as possible as there is a closing on this property in early February. Call if you have questions. COPY TO: Gilbert & Jillene Kreidberg, 205 Nunan Street, Jacksonville, OR 97530 SIGNED: (952) 227-1107 If enclosures are not as noted, kindly notify us at once. SCANNED DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATIONPF RESTRICTIVE COVENANTS (the "Declaration"), effective the gd�day of -ba 5mbaL 12007, by the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"), and consented to by GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife, hereinafter jointly referred to as ("Declarants"). RECITALS A. Declarants are the fee owners of certain real property located in the City of Chanhassen, Carver County, Minnesota, legally described as Lot 1, Block 1, Pleasant Hills 2"d Addition, according to the recorded plat thereof; B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1, Pleasant Hills 2" d Addition ("Restricted Land") under a purchase agreement between the City and Declarants dated October 30, 1989 ("Purchase Agreement"); C. Under the Purchase Agreement, the City's sale of the Restricted Land to Declarants required a covenant to run with the land prohibiting construction of a building on the Restricted Land. The terms of the Purchase Agreement specifically provided that the terms of the Purchase Agreement would survive the closing. D. Declarants and the City desire to memorialize the covenant required under the terms of the Purchase Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, including the Purchase Agreement and foregoing recitals which are incorporated into this Declaration and made a part hereof, Declarants do hereby impose, create and establish the following covenants, conditions and restrictions upon the Restricted Land: 1. PROHIBITION ON CONSTRUCTION. No building may be constructed on the Restricted Land. A fence may be constructed on the property consistent with City ordinances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall nm with the Restricted Land, shall be recorded with Carver County against the title to the Restricted Land, and shall be binding upon and inure to the benefit of the City and Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Restricted Land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. CITY (CITY SEAL) By: 1 A. Furlqng, Mayor Gerhardt, Clerk/Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this I YA day of 20C by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor d Cler er of the City of Chanhassen, a Minnesota municipal corporation, on half of th rporation and pursuant to the authori granted its ity Council. , Q , ��/ No Public KREN J. ExN'rGEJLenHAR,DT MePaAtaryuPublic-Minnesota commE 2010 135492.02 STATE OF MAIN A ) J 0-z�k&� )Ss. COUNTY OF 4G ) �- The foregoing instrument was acknowledged before me this 0 day of �[ . 2007, by Gilbert Kreidberg and Jillene Kreidberg, husband and wife. No Public THIS INSTRUMENT DRAFTED BY: Im L SEALIGLECAMPBELL KNUTSON, P.A. -OREGONO. 392519Professional Association AY 08, 2009 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh 135492.02 CITY of 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952227.1170 Finance Phone: 952227.1140 Fax: 952.227.1110 Park 6 Recreation Phone: 952227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone:952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassennn.us November 29, 2007 Golden Valley Land Company Attn: Matt Pavek 6001 Glenwood Avenue Golden Valley, MN 55422 Re: Reimbursement of Development Review Application Fees Pleasant Hills 2tad Addition Metes & Bounds Subdivision Planning Case 07-26 Dear Mr. Pavek: Enclosed please find Check No. 134934 in the amount of $826 which represents a reimbursement of Development Review Application fees for the above -referenced application. If you have any questions, feel free to contact me. Sincerely, Robert Generous Senior Planner RG:ktm Enclosure c: Gilbert and Jillene Kreidberg g9planVA07 planing easest07-26 pleasant hills 2nd addition meets & hounds subdivisimn imbursement letter I1-29-07.dw The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gat place to live, work, and play. CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 10/17/2007 1:10 PM Receipt No. 0055011 CLERK: katie PAYEE: Golden Valley Land Company Planning Case 07-26 Pleasant Hills 2nd Addition Metes & Bounds Subdivision ------------------------------------------------------- Use & Variance 300.00 Sign Rent 200.00 Recording Fees 326.00 Total Cash Check 5163 Change 826.00 %V, A-t U M�1 a a d' H A W H 0114 rA A STAFF REPORT PROPOSAL: Request for a Metes and Bounds Subdivision creating two lots from one lot. PLEASANT HILLS 2r'o ADDITION METES & BOUNDS SUBDIVISION LOCATION: APPLICANT • 6444 Murray Hill Road (Lot 1, Block 1, Pleasant Hills 2°d Addition) Golden Valley Land Company Attn: Matt Pavek 6001 Glenwood Avenue Golden Valley, MN 55422 (763)213-3944 pavek@att.net Gilbert & Jillene Kreidberg 6444 Murray Hill Road ,, Chanhass MN 55317 -�i9 - 33►� PRESENT ZONING: Single -Family Residential, RSF I% i , • 2020 LAND USE PLAN: Residential — Low Density (net density r�tge 1.2 — 4.0 units per acre) ACREAGE: 1.15 acres DENSITY: gross: 1.74 units per acre; net: 1.74 units per acre SUMMARY OF REQUEST: The developer is proposing a two -lot subdivision of the property. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the plat. This is a quasi judicial decision. 20 (AV'✓twin. �1L q7 530 SCANNED Location Map Pleasant Hills 2nd Addition Metes & Bounds Subdivision 6444 Murray Hill Road City of Chanhassen Planning Case 07-26 SCANNED Pleasant Hills 2"d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 2 of 9 PROPOSAUSUMMARY The applicant is requesting a two -lot subdivision of the property creating one new building site. The site is immediately to the south of the City water tower and is located within a neighborhood of single-family homes. Sewer and water are available in Murray Hill Road. The site is heavily wooded with approximately 72 percent canopy coverage. As part of the development review, the applicant has prepared a worst case scenario for tree removal. However, as part of the actual construction of the site, custom grading will be performed to attempt to preserve additional trees. Development restrictions, in excess of normal zoning requirements, are usually recorded with the development contract for a project, which is a contractual agreement between a developer or land owner and the City. However, since there were no public improvements required of the project, there is no development contract. Staff had the City Attorney's office check the title records for the property to determine if covenants or other restrictions were recorded against the property, limiting the ability to subdivide. They could not find any such documents. One of the conditions of the 1990 subdivision approval, restricting the further subdivision and construction of a new residence on the property, does not bind this City Council. Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 3 of 9 The proposed development complies with the subdivision and zoning requirements and is consistent with the comprehensive plan. Staff is recommending approval of the project subject to the recommended conditions of approval. APPLICABLE REGUATIONS Chapter 18, Subdivisions Chapter 20, Article XII, RSF Single -Family Residential District BACKGROUND On February 12, 1990, the Chanhassen City Council approved the final plat for Pleasant Hills 2°d Addition, creating one lot and an outlot for the City water tower, Planning File #89-23 Subdivision, subject to the following conditions: 1. Lot 2 shall be shown as Outlot A on the final plat. 2. The north 20 feet of Outlot A is designated as a trail easement. A separate document describing this easement shall be submitted to the City. 3. The property cannot be further subdivided or any new residences built on the site. In 1987, the City began meeting with the Murray Hill neighbors with the intention of subdividing Lot 31, Murray Hill, and selling a portion of the lot, which was unnecessary for the water tower functions. The neighborhood was opposed to the creation of the new lot since the parcel was heavily wooded and they felt that it should be preserved in its natural state. Additionally, the neighbors were opposed to an additional single-family home on the site. After discussion with the neighborhood residents, the neighbor directly adjacent to the property, Mr. Kreidberg, agreed to purchase the property from the City and attach it to his lot. In 1988, the City was investigating the potential for accessing the water tower site from Murray Hill Road. Prior to that, the water tower was accessed from the west across the Minnetonka Middle School property. The neighborhood was opposed to the access for the water tower from Murray Hill Road due to concerns regarding increased truck traffic in the neighborhood and the removal of trees to provide the access. On August 8, 1983, the Chanhassen City Council approved the plat of Pleasant Hill creating six lots. Murray Hill Road was extended south from Melody Hill in conjunction with the development of the subdivision. In 1972, the 200,000 gallon elevated water tower was constructed on the south 110 feet of Lot 31, Murray Hill. The parcel, which was 110 feet wide, extended from the middle school site to Murray Hill Road. Access to the water tower was from the west through the Minnetonka Middle School property. However, the City intended to provide access from the east when Murray Hill Road was extended south from Melody Hill. MI Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 4 of 9 In August 1884, the property owners platted the Murray Hill subdivision. SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision dividing the property into two parcels. Metes and bounds subdivisions are possible when creating only two lots and when both lots meet the minimum requirements of the zoning ordinance and both lots abut a public or private street. The proposed lot split creates parcels of 19,212 square feet (0.44 acre) and 30,859 square feet (0.71 acre). No public improvements are required as part of the development. Sewer and water stubs will be installed in conjunction with the subdivision, but the site will be custom graded with the construction of the home on Parcel A. The existing house on Parcel B will remain. GRADING, DRAINAGE AND EROSION CONTROL PARCEL A C VIN e P PARCEL 8 - i i The plans submitted include a grading plan which proposes grading on Parcel A to accommodate the construction of a rambler/lookout home. Site grading will occur with the building pemut in order to maximize tree preservation. If the homebuilder wishes to vary from the grading plan submitted with the subdivision request, a new grading plan must be prepared for staff review and approval. An erosion control escrow will be collected with the building permit. EROSION AND SEDIMENT CONTROL The total land disturbance associated with the proposed project does not meet the minimum threshold for "small construction activity". Therefore, no NPDES Phase II permit to discharge stormwater associated with construction activities is required. Prior to custom grading the lot and constructing the residence, the erosion control plan will need to be revised to reflect the custom grading and submitted to the City for review and approval. The future homeowner is strongly encouraged to place the structure and align the driveway to maximize the amount of tree cover left in situ to maximize rainfall abstraction and minimize the amount of exposed soils. The construction plans should incorporate Chanhassen's standard details for erosion and sediment control, including 5302D which was supplied to Matt Pavek. Proposed erosion and sediment controls for individual lots should include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. Per the meeting with Terra Engineering on October 19, 2007 the assumptions employed in hydrologic model are to be updated to reflect that the subject property is predominately wooded in fair condition. Based upon this cover class and the C soils, the weighted curve number for the existing conditions should be 77 and the weighted curve number for the proposed conditions Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 5 of 9 should be 81. Any future modeling should reflect the existing and proposed land cover types. Additionally, the model will be updated to reflect the two drainage areas on the site. SURFACE WATER MANAGEMENT PLAN (SWMP) FEES Because the existing conditions on Parcel A will be unchanged, the SWMP fees will be assessed only upon the newly created parcel. This parcel is 19,212 square feet or 0.441 acres in size. Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,900/acre. Therefore, the water quality fees associated with this project are $837.99. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single-family residential developments have a connection charge of $3,100 per developable acre. This results in a water quantity fee of $1,367.10 for the proposed development. SWMP Credits As a result of overflow from the water tower and the absence of any rate control for surface water runoff, there are flooding issues already associated with the property. The applicant has been directed to look for a creative manner to offer rate control on the site. The applicant is working with City staff to find a potential solution. SWMP credits could be offered based upon the proposed solution. This would have the net effect of reducing the Water Quality and Water Quantity fees. WETLANDS A review of available data including the Chanhassen SWMP, NWI, and aerial photography does not indicate the presence of any wetlands on or immediately adjacent to the subject property. Further, the topography of the area and the moderately well -drained soils is such that the area would not typically support wetland characteristics. Based upon my review, I have concluded that no wetlands exist on or adjacent to the property. LAKES The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters and therefore is not within a shoreland district. Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 6 of 9 OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. UTILITIES Sewer and water services to Parcel A will extend from the existing lateral watermain and sanitary sewer; Parcel B is currently serviced by these utilities. These utilities were installed in Murray Hill Road with the Pleasant Hill subdivision; therefore, the lateral watermain and lateral sanitary sewer charges do not apply. The developer is responsible for the installation of the sanitary sewer and water service to Parcel A. The engineer's estimate to complete this work is $10,000; therefore, the developer must provide this amount in an escrow. Upon satisfactory installation of the services and restoration of the street, staff will release half of the escrow. If restoration of the utility trench remains in good condition following one freeze -thaw cycle, the remaining half of the escrow may be released. The new lot must be provided with separate sewer and water services. STREETS Access to Parcels A and B will be from Murray Hill Road; therefore, public street improvements are not required with this subdivision. LANDSCAPING AND TREE PRESERVATION Approximate tree canopy coverage and preservation calculations for the Pleasant Hills 2°d Addition subdivision as shown using a private drive are as follows: Total upland area 50,094 SF Total canopy area (excluding wetlands) 36,155 SF Baseline canopy coverage 72% Minimum canopy coverage allowed 46% or 23,043 SF Proposed tree preservation 53% or 26,550 SF The developer meets the minimum canopy coverage allowed and no reforestation plantings are required. No bufferyard plantings are required along the adjoining properties since they are of equal zoning. Pleasant Hills 2id Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 7 of 9 PARKS AND RECREATION Parks This property is located within 150 feet of the Minnetonka Middle School West campus. The school is situated on 30 acres and offers tennis, a running track, ball fields and open space. No additional park or open space acquisition is being recommended as a condition of approval for this subdivision. Trails Murray Hill Road is a cul-de-sac road with no off-street pedestrian improvements. Pedestrian access from Murray Hill Road to the school property is provided via a gravel and asphalt driveway leading to the municipal water tower and extending through a school boundary fence. No additional trail improvements are being recommended as a condition of approval for this subdivision. A Park and trail dedication fee of $5,800.00 shall be collected on the newly created lot at the time of subdivision approval in lieu of land dedication or trail development. MISCELLANEOUS Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. COMPLIANCE TABLE Area (square feet) Frontage (feet) Depth (feet) Notes Site Coverage Percent Code 15,000 90 125 0.34 acres 25 Parcel A 19,212 100 210 0.44 acres 23.4 Parcel B 30,859 218 290 0.71 acres 21.5 Total 50,071 1.15 acres The proposed development must comply with the RSF district setbacks of 30 feet front and rear and 10 feet side. RECOMMENDATION Staff recommends that the City Council adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen City Council approves the metes and bounds subdivision of Lot 1, Block 1, Pleasant Hills 2°d Addition, creating two lots, plans prepared by Terra Engineering, Inc. and Demars-Gabriel Land Surveyors, Inc., dated 10/12/07, subject to the following conditions: Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 8 of 9 1. Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. 2. The new lot must be provided with separate sewer and water services. 3. The plans shall be revised to incorporate Chanhassen's standard details for erosion and sediment control 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. 4. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 5. Hydraulic and hydrologic model should be updated to reflect current and proposed wooded land cover and to reflect both drainage areas associated with the subject property. 6. The SWMP fee is $2,205.09 payable prior to recording the metes and bounds subdivision. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 8. Tree preservation fencing shall be installed at the edge of grading limits prior to any construction. Fencing shall be maintained until construction is completed. 9. Any preserved trees removed in conjunction with site development will be replaced at a rate of 2:1 diameter inches. 10. Park and trail dedication fee of $5,800.00 shall be collected on the newly created lot at the time of subdivision approval in lieu of land dedication or trail development. 11. If the homebuilder wishes to vary from the grading plan submitted with the subdivision request, a new grading plan must be prepared for staff review and approval. 12. An erosion control escrow will be collected with the building permit. 13. The developer is responsible for the installation of the sanitary sewer and water service to Parcel A. 14. The developer must provide a $10,000 escrow for the installation of the sewer and water service to Parcel A. Upon satisfactory installation of the services and restoration of the street, staff will release half of the escrow. If restoration of the utility trench remains in good condition following one freeze -thaw cycle, the remaining half of the escrow may be released. Pleasant Hills 2nd Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 9 of 9 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Resolution Approving Metes and Bounds Subdivision. 3. Development Review Application. 4. Reduced Copy of Proposed Lot Division. 5. Reduced Copy of Site Plan, Utility Plan. 6. Reduced Copy of Existing Conditions Plan. 7. Reduced Copy of Grading, Drainage, Erosion Control Tree Preservation Plan. 8. Plat of Pleasant Hill 2nd Addition. 9. City Council Minutes of February 12, 1990. 10. City Council Minutes of January 22, 1990. 11. Planning Commission Minutes of January 3, 1990. 12. City Council Minutes of September 25, 1989. 13. Letter from Gilbert H. Kreidberg to Gary Warren Dated May 9, 1989. 14. Public Hearing Notice and Mailing List. gAplan\2007 planning cases\07-26 pleasant (tills 2nd addition metes & bounds subdivision\slafrreport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION II ' Application of Golden Valley Land Company and Gilbert & Jillene Kreidberg for Subdivision approval. On November 13, 2007, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Golden Valley Land Company and Gilbert & Jillene Kreidberg for plat approval of the property into two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential, RSF. 2. The property is guided in the Land Use Plan for Residential — Low Density. 3. The legal description of the property is: Lot 1, Block 1, Pleasant Hills 2°d Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and complies with all the requirements of the RSF zoning district; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city s comprehensive plan, specifically with the Residential — Low Density guidelines; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter, e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record and will provide for additional easements; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off -site public improvements or support systems. 5. The City Council report #07-26 dated November 13, 2007, prepared by Robert Generous and Alyson Fauske is incorporated herein. RECOMMENDATION The Chanhassen City Council approves the Metes and Bounds Subdivision creating two lots from Lot 1, Block 1, Pleasant Hills 2"d Addition. ADOPTED by the Chanhassen City Council this I P day of November, 2007. CHANHASSEN CITY COUNCIL Mayor DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVSION CREATING TWO PARCELS WHEREAS, Golden Valley Land Company and Gilbert & Jillene Kreidberg have requested a subdivision of their property into two parcels of 19,212 and 30,859 square feet; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code including the Subdivision Ordinance and Single -Family Residential District Regulations; and WHEREAS, the proposed subdivision is consistent with the Chanhassen Comprehensive Plan; and WHEREAS, the Chanhassen City Council held a public hearing on November 13, 2007 to review the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the metes and bounds subdivision creating two parcels (Planning Case #07-26) for the Golden Valley Land Company and Gilbert & Jillene Kreidberg property legally described as Lot 1, Block 1, Pleasant Hills 2°d Addition, Carver County, Minnesota. The approval of the subdivision is subject to the following conditions: 1. Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. 2. The new lot must be provided with separate sewer and water services. 3. The plans shall be revised to incorporate Chanhassen's standard details for erosion and sediment control 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. 4. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 5. Hydraulic and hydrologic model should be updated to reflect current and proposed wooded land cover and to reflect both drainage areas associated with the subject property. 6. The SWMP fee is $2,205.09 payable prior to recording the metes and bounds subdivision. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 8. Tree preservation fencing shall be installed at the edge of grading limits prior to any construction. Fencing shall be maintained until construction is completed. 9. Any preserved trees removed in conjunction with site development will be replaced at a rate of 2:1 diameter inches. 10. Park and trail dedication fee of $5,800.00 shall be collected on the newly created lot at the time of subdivision approval in lieu of land dedication or trail development. 11. If the homebuilder wishes to vary from the grading plan submitted with the subdivision request, a new grading plan must be prepared for staff review and approval. 12. An erosion control escrow will be collected with the building permit. 13. The developer is responsible for the installation of the sanitary sewer and water service to Parcel A. 14. The developer must provide a $10,000 escrow for the installation of the sewer and water service to Parcel A. Upon satisfactory installation of the services and restoration of the street, staff will release half of the escrow. If restoration of the utility trench remains in good condition following one freeze -thaw cycle, the remaining half of the escrow may be released. Passed and adopted by the Chanhassen City Council this I P day of November, 2007. ATTEST: Todd Gerhardt, City ClerWanager Thomas A. Furlong, Mayor YES NO ABSENT 2 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. 0 1 CITY OF CHANHASSEP4 RECEIVED OCT 12 2007 CHANHASSEN PLANNING DEPT Owner Name and Address: G'Aerf 4 Sille"e Krejl�er< 6NNy /ii , �.�aMlasseh u 5'S331 Contact: Phone: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _Y-' Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" Site Plan Review (SPR)' 326 - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB Goldem v�Ieq La_ry_` Subdivision' C-*T9c�) TOTALFEE$ 026 Od Cr=F�, It, A An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED 1EOCT. S. 2G073 4:24PM54189E0(NA REALTY CNAPASSEMI�R' �ID�k" NO. %91 rP. 1-7 PROJECT NAME: (,�vq N I A rra L, LOCATION: ../ / // r-r4 LEGAL DCRIPTION: 7LR qP , tAfJ- �A'lisZ Ado« TOTAL ACREAGE: T 7 G!L S WETLANDS PRESENT. YES NO n PRESENT ZONING: REQUESTE'O ZONING: PRESENT LAND USE DE ICNATICN: �ariot Low (/Rn5_1 REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This appileatlon must pre cor*etsd in full and bs typevMen or dawV printed and must tv acoampanfed by an Information and plans required by appiloabla City Ordinance proviabne. Before mum this appl,adon, you should ovtft vAh the Ptanning Department to determkre the specttie ordil and procedural requiremarts appkahle w yoursppilcatloh. A determination of completeness of the alp IeWon &hap be made Wthln 15 bu.new days of appllcatlon Suftili f. Awrthon notce ofappPeatlon defidenclea shall be ma9cdtothe applicanlwithin 15 bueinoss days dapp1a*0n. Thia is to certify that I am making epp8utlon for the deoeribed aetbn W the City and that I am responsbte for oomplying wikh all City requirements wlbt regard to this request fib apOicobon should be processed h my none and 1 am fhs party wborn the My should mnW regarding any MWAr to tF1e apptfcatlon, I %ve 2%;d ed a copy of proof of aweiship (OMW copy of Owners DupPoab Ccttiffeale 0i TrJe, Abatraet of Title or purohom egreetnerrt}, or i am the euthalzed person to raa this appkabon and the fee owner has also signed this", lcratlon. I will keep myself informed of fhe dwditnes for aubmiee on of material arof the progress or this epplfcadon. I further tiMerstand that #iilionel teas may be charged for consulting ices, feasidlRy shxlae, etm with an ea9mate prbr b any authorlmtlon to proceed wdh the study. The dc=6ms and Wonnatonu I have suhmfhed are true and Coma to the east of 1Y 07 Darn t.QI12101 041119 WY, 12M SCANNED r— — — — — — — — — — — — — — — — — — — — —� S 8P59'27" 1T YI0.00 8 1i Parcel A 4 F$ 31$ 19,212 SF to I/ T S BP59'27" / --PROPOSED DAVOPv L/NE 113.78 �0Y \ \ Parcel B 30,861 SF v�y. \ a 10 IQeT1Q'01" / p `i L 1FB P8 C" RECEAVEDSSEN OCT 12 2007 0WANA EN PLANNING DEPT 0w. N 1. L eod , Proposed Property Descriptions PARCEL A That part of Lot 1, Black 1, PLEASANT HILL 2ND ADDITION ying norrheny of a line drown from a point on Ina east line of said lot .00.00 fast south of the northeast comer of said lot, as mmsumd along the sort Q line thereof to a point wasf fine of said lot 83..00 feet south of the N northwest comer thereof. ^V PARCEL B All foot port of Lot 1, Black 1, PLEASANT HILL 2ND ADDITION lying mufhery of a line drown from a pant on the oast line of said bt 100.00 feet south of the northeast comer of said lot, as measured along the east line thereof to a point west fine of said lot 8J.00 fear south of the northwest comer thereof. Proposed Easement Descriptions PARCEL A o� a drof the and utility easement oUnder and across Me south 8.00 foot o/ the /allowing dsacHDed property.- That port of Lot 1, Bbck 1, PLEASANT HILL 2ND ADDITION yinp northerly of a line drown from a point on the east h'ne of said lot 00.00 feet �♦yY south of the northeast corner of said of, ae measured along the east line thereof to a point wear fins of said lot SJ.00 feet south of the northwest comer therwf. PARCEL B A droinoge and uN'lify easement ow,, under and ocroea the north &00 fast of the fallowing descnood property., All that Part of Lot 1, Bbck 1, PLEASANT HILL 2ND ADDITION lying southemv of a /lase drown from a point on the coat Nne of said lot 100.00 fast south of the northeast comer of said lot, as measured along the east line thereof to o point west fine of mid lot WOO test South of the northwest comer thereof. PROPOSED LOT DIVISION DEMARS—GABRIEL I nereay ce ll mat rms survey, own or report was pnpa,ea Of my Orunder my alr«t supedofpn and that I am a duty R°glaterea Land ('1e No. iJ4gS B CERTIFICATE OF SURVEY FOR: LAND SURVEYORS, INC. Surwyar und« the Laws of the Sbte of .wbnvdta. GOLDEN VALLEY LAND COMPANY Book -Fogs J030 Herber Lane No. Phrmt;(7, NH J'JA4) _ of Daub Colas 5`°' 1�-40' 559-0 Fo. :()8J) SSg--04" , Data: ZIZo7 Minn. Reg. Nn, 224;4 Lot 1, Block 1, PLEASANT HILL 2ND ADDITION SCANNED m =0 ZW =1le OU TOLU t U -15ZE6 f65 E91 ____ _, 4—[6l(ITi /O mss xY •r o"m �0 N. tl10_n 'N$SVHNVIq o Otl TIH AVtlNl1W p _ m NVId A1f1LLn 'NVId MG 40•'\ .i w� dtlek 0 1 A °•� ro z -Ob 09ilIN61N II E m g1;'!} ��pp� ££`Yp 3. •<E 1 91.gggi � N � o H� Yf,'e �+�+��a®p®p ��L�� SSye "eX%X%UR q y"e yFeg g"r g'r pe q"e gF u YdelA+�if,JT u°w < x:y, nno `^° dF°w< w g p�i1� I a�kye fait€ 5a ss A. i. Y �'••" Aompu 4i ii� nit v<i3 'j N t e o Pa u H n„ x w o I ^W >869 / Oo'erx3 4 E_ a z O '•d 9 _ ��w gz' N z ¢ .0000 s , _m 1 w � a ZLLI CL ¢ I I vaarosen It ` \ O_j = s I li it \ •��o \ \\\/ _ 8 I 1 11 eR e I rao-10700Nt 1� � I ♦ �� 3 I J Q; I rc "Pjl ICrH .fP� gC01 I I ( \� 0 L--BStl_Of ►� - 1 i 1 m o//w O d I 1 J N u[H T°S7 O x . xex sr oua II// T- V wU0 t {tOL{f EHt•V SLf6 f65 E9( r4'd��: ..........{ 1 ^.•:�ti'•w V10S3NNIW 'NHHnvi urfs x=•ww. •nxmwix M: ir"q OVOa TIH AtlNNf1W ii49 ,,,e• a m n ual--._ ! i ��x.".,:_ mow.. Wnd SNOILIONOO 9NUSD 3 I _ I T p T p � I W I o� 0 I I xa a s p W 1! �qE n �gQ$gy.y� iyIyyyyiggiyy I� $ ly t $� { I TiFg Pb "!H 60.j _ nW *919 OsnpH x3 1 tl T y W U'O YIOS3NNIN'N3SSVHNVHO z. IH munri v"q "— WOiI IINV 0 >Mwr o�-•>n Ims "^ i — Id 102LLN00 NOIS083 '39tlNItlNO ' 9NIO m o y o 9 i 4 a F erg' cam, s. ve pi > •Af's3s _ i n� gggy ids &�5E�3�8�� fE 88 %yiy e % 4v��` t� s fi�i a �� BBFBF�BeBF p��e a�ggi� es a+Ee}e�daa ao l�I��+ x-8 g �_o a T 1 T o m ` m 'off 'p3 O I W WO W IJ r - -mW ill y J T qan zm� aaro�' x'm_ wR�_LI ] NW�JO m ax ' x _wa a�Wz I I °N IIIH .(o1jn >g 9 W as roH 9.7 3 / m ly f Ld i O _ D I " C N m I I i I -94Nr—_ oc I �•// vUa I / m 3 / T W U O T' py / /beH .(p ql0, 3 °s�roHa 2> PLEASANT HILL 2ND ADDITION THE NORTH LINE OF LOT 1, BLOCK 1, PLEASANT HILL HAS AN ASSUMED BEARING OF N.89059'27"E._ DENOTES 1/2-INCH X 14-INCH SET IRON PIPE MARKED BY LICENSE NO. 17253. SCALE IN FEET: DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 0 40 DO 120 160 200 I F 6.00 0 600 , BEING 600 FEET IN WIDTH AND ADJOINING LOT LINES. MESS OTHERWISE INDICATED ON THE MAP AND BEING 12.00 FEET N WIDTH AND ADJOINING RIGHT OF WAY LINE. AS SHOWN ON THE MAP. L- rN.,th fine eF Poe 5..th NO fL eF Lef 31, MURRAY HILL : M.9TSS'2rE. 2 j �I 1EA9e5YTTE. / 321.D2 .----,Orafnaye and Utility Easement-' r. ' '-ILAYM39�'2rE. �o I S�• 41 0 <. ntiRG 1 J 1 50 I Er. CHANHASSEN CITY COUN REGULAR MEETING FEBRUARY 12, 1990 Mayor Chmiel called the meeting to order at 7:40 p.m.. The meeting was opened with the Pledge to the Flag. CC)UNCIIMEMBERS PRESENT: Mayor Ctr,iel, Councilman Boyt, Councilman Workman, Councilwcran Dimler and Councilman Johnson STAFF PRESENT: Don Ashworth, Gaxv Warren, Paul Krauss, Jo Ann Olsen, Lori Sietsema, Todd Gerhardt, Dave Hempel, Jim Chaffee and Elliott Knetsch, City Attorney APPROVAL OF AGENDA: Councilman Workman moved, Councilman Johnson seconded to approve the agenda amended as follows: Mayor Chmiel wanted to discuss Chanhassen's Anti -Drug Task Force proposal; Councilman %brkaron wanted to discuss the HRA, Heritage Park Apartments and West 78th Street; and Councilman Boyt wanted to set up a time for Public Safety Commission candidate interviews. All voted in favor of the agenda as amended and the motion carried. RECYCLING PRIZE DRAWING: Mayor Chmiel drew a name for the Recycling Prize of $200.00. CONSENT AGENDA: Councilwo an Dinder moved, C'.Ouncilman Johnson seconded to approve the following consent agenda items pursuant to the City Manager's recrnzrendations : c. Resolution #90-12: Approve Resolution Amending the Joint Powers Agreement and By -Laws, Southwest Metro Transit Cocrir,ission. d. Preliminary and Final Plat Approval, Crossroads Plaza, Northeast corner of West 79th Street and Market Boulevard, Crossroads National Bank. e. Accept Donations to Park and Recreation Commission Department from the Chaska Lion's and Chanhassen Jaycees. f. Resolution #90-13: Approve Resolution Proclaiming the Week of March 8, 1990 as Volunteers of America Week. g. Resolution #90-14: Set 1990 Liquor License fees. i. Final Plat Approval for Pleasant Hills 2rd Addition, Kreidberg/City. k. Resolution #90-15: Authorize Preparation of Updated Feasibility Study for Park Place Phase II Improvements (Chanhassen Lakes Business Park 5th Addition), Project 85-13B. 1. Accept Engineering Inspection Report for Murray Hill Water Tower and Authorize Preparation of Rehabilitation Plans and Specifications, Improvement Project 89-24. m,. Approval of Accounts. n. City Council Minutes dated January 22, 1990 Planning Ca a,ission Minutes dated January 17, 1990 1 City Council Meeting - January 22, 1990 Councilman Boyt moved, Councilman Workman seconded to approve the secondreading of the Zoning Ordinance Amzndrent pertaining to convenience stores and uses having gas pumps and amend it to make it effective only on uses approved after the date of adoption. All voted in favor and the motion carried. ��YLJ PRELIMINARY PLAT TO REPLAT A PORTION OF LOT 31, MURRAY HILL AND LOT 1, BLOCK 1, VV PLEASANT HILL, LOCATED ON MURRAY HILL ROAD JUST SOUTH OF MELODY HILL ROAD, CITY OF CHANHASSEN. Paul Krauss: The City is proposing to divide a lot containing a city water tower and sell a portion of it to Mr. Kreidberg. Mr. Kreidberg owns the parcel located to the south. The purchaser intends to add the area to his lot but has indicated that it would not contain any new housing nor would it be further subdivided in the future. The City would retain ownership of the water tower property itself and also over a trail easement that would run from, Murray Hill Road to Minnetonka Junior High located to the west. The Planning Commission reviewed the item, on January 3rd and recommended it's approval. Based on the foregoing, staff reccmnrends approval without variances subject to the conditions in the staff report. Mawr Clydel: Okay, thank you. Anyone wishing to address this specific item, one more time? If hearing none, we'll bring that right back to the Council. Councilman Johnson moved, Councilman Boyt seconded to approve Subdivision Request #89-23 as shown on the plat dated December 29, 1989 and subject to the following conditions: I. Lot 2 be shown as Outlot A on the final plat. 2. The north 20 feet of Outlot A is dedicated as a trail easement. 3. The property cannot be further subdivided or any new residences be built on the site. All voted in favor and the motion carried. DISCUSSION OF MOON VALLEY RIFLE RANGE, 100 FLYING CLOUD DRIVE. Paul Krauss: Last December, after hearing concerns raised by area residents, the City Council directed staff to report back on the Moon Valley gravel quarry. The report was to contain background information and options for enhancing the Citv's control over the operation. Staff has worked with the City Attorney to prepare this report. The first item, concerns the rirrored expansion of the operation by the acquisition of additional land. We reviewed property tax records and can find no recent acquisitions, at least not at the County. We further note that the current site is separated from, the homes on I believe it's Erie Drive by an intervening parcel owned by a party named Teich. At that point too we should say that we believe the City is in a position to prevent additional acquisitions pertaining to this site. That the non-confoQming grandfathering portion of this item pertains only to the property that was owned 27 Planning Corrdnission Meeting January 3, 1990 - Page 20 Conrad: Jim, your reasons for your negative vote? Wildermuth: I don't like the existence of Outlot A and I'd like to give the adjacent property owners as well as the adjacent property owners to Outlot A as well as the applicant for the subdivision an opportunity to either work out some kind of a land swap or some kind of an arrangement. Conrad: I basically agree with Jim's comments because I think it's a real strange parcel but I'd also, even if it does exist in the end, I'd prefer to have the wording on it's use to be as restrictive as possible and I didn't notice that the motion for item 7 really provided that restriction and maintained the character of that particular outlot. This will go ahead though to City Council. Would be up there what? Did we say the 22nd of January? We left the record open for comments so the neighbors can make their comments and get them in for City Council review. I thank you all for coming in. Thanks very much. PUBLIC HEARING: PRELIMINARY PLAT TO REPLAT A PORTION OF LOT 31, MURRAY HILL AND LOT 1, BLOCK 1, PLEASANT HILL ON PROPERTY ZONED RSF AND LOCATED ON MURRY HILL ROAD, JUST SOUTH OF MELODY HILL ROAD, CITY OF CHANHASSEN. Public Present: Name Address Gilbert Kriedberg 6444 Murray Hill Road Sharmin Al-Jaff presented the staff report. Chairman Conrad called the public hearing to order. Gilbert Kreidberg: I am Block 1, Lot 1. I'm the one with a vested interest. In fact ... that trail access to the tower. Part of that process is the acquisition of that portion of ... and make sure that the activity is staying per agreement... I think it's probably pretty straight forward... so unless you have any questions. I guess the engineers don't come to these meetings. Conrad: They do occasionally but not usually. Okay, any other public comments? Erhart moved, Emmings seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Conrad: Joan at Your end. Any comments? Ahrens: I have no comments about this. Wildermuth: Where is the fence going to go? There's some elusion to a fence here with a gate. Planning Comsission Meeting January 3, 1990 - Page 21 Gilbert Kreidberg: Yes, that will go across the roadway there or the pathway going back to the tower. What it will do, it will provide . pedestrian access but preclude vehicle access with a locked gate to it... we had problems with snowmobiles running through there at speeds well in excess ... kids playing out there and going back and forth to the school. It's designed as a safety factor and part of the neighborhood... Wildermuth: So the City is going to construct the fence? Gilbert Kreidberg: ...and that is part of all of this thing. Wildermuth: And the area is so wooded that they can't get around the fence readily? Is that the idea? Gilbert Kreidberg: Yes. They would on, at that point they would be going on private property and both of them will be fenced off so that will be the access... The City I guess wanted to service the tower from the easterly side even though they've been servicing it for 15-16 years from the westerly side... Wildermuth: Sounds good to me. I'm impressed that somebody's willing to pay that kind of money for that. ;filbert Kreidberg: You're telling me... Batzli: Two questions. One was, if I understand it, you're going to build a fence along the easement? Gilbert Kreidberg: Yes. That is correct. Batzli: Is that in the purchase agreement as well? Gilbert Kreidberg: The City has requested that I build a fence on what would be the northern border of the easement over ... fence it up 10 feet and the yard directly behind my house is all wooded... The City property, while it is wooded, it's not particularly heavily wooded in the area that I'm going to be acquiring. It's pretty much open with some trees along... and mostly between the property line... Batzli: Is there any reason Paul or anyone else to put a requirement regarding cutting down of trees or anything else in this parcel? Krauss: Mr. Batzli, I'm really not certain as to whether we need anything. We didn't give it any consideration. This has been in discussion with so much activity between the property owner and the City Council that we basically just process the subdivision at this point. There was no intent to build"on the property. There may be some use, recreational use of the property at some point in the future, some facility like that. If You'd feel more comfortable with some sort of a tree preservation element. Batzli: Well it's just interesting because there's a no building clause on it already so they can't ever build on it so what would you ever use it for Planning Commission Meeting January 3, 1990'- Page 22 J except as a backyard? Gilbert Kreidberg: Maybe I could put a pool in. Wildermuth: Right. I wouldn't want to preclude him putting a swimming pool back in. Gilbert Kreidberg: Yeah, that's really what it is. The big trees, the last thing I want to do is 'take them down unless they die. There's a lot of little trees. The City has let this thing go for 16 or 17 years. I mean it's a mess. There's all kinds of dead foliage on it. There's junk all over. If I hadn't done this, they sure would have had to clean it up. There's a whole lot of little trees planted in bunches that had no sense to protect the trees... The one thing I might do is clean that up so everything survives because that's all there is. The real big trees are along the part for which the easement would involved... Batzli: Would you object to having the City review if you were to make a plan of what you were going to do with cleaning it up? Gilbert Kreidberg: I think it makes it kind of cumbersome on me because what I'm going to do to clean up, pick up all the junk that's there and the dead trees and weed out some of the garbage that's there. I would never cut a trees that's probably more than 2 inch spread but you know some Places you have to clean up because, I mean you don't have a picture of i but along the northerly portion there's parts where there's like maybe 40 trees with 20 feet of width and 10 feet of length. I mean they're just all bunched together. In order for those to survive, some of those have to be cleaned up. Batzli: No, I'm familiar with the area. I know what it looks like and I imagine that you're going to be going in there and cutting down some trees is iry only point. Gilbert Kreidberg: oh, just little stuff. I'm not going to take anything down that stands taller than I am except for where they're so bunched together. Batzli: Well I don't know. I'll see if anybody else jumps on the band wagon. Ellson: I thought this was a happy ending. I think it's nice to see that we got what we wanted as the City out of it and usually we get neighborhoods that say don't do anything there vet they don't want to go and get the property to do anything else with it and I'm really pleased to see this guv's taking it upon himself to make it a better looking place. Gilbert Kreidberg: I think it will be a lot nicer,when I'm done. Ellson: And I agree. I think it would too after I looked at it. I was confused on what you wanted number 3 to be. Planning Commission Meeting January 3, 1990 - Page 23 Al-Jaff: That there would be no further subdivision in the future and no new residences would be built. Ellson: Okay. I got the subdivision part but I wasn't sure about, okay. I don't have anything else. Ermr,ings: I think it's, like Annette says, it's just a good thing for everybody. As far as Brian's concerned about the trees, I like Tim am not happy about imposing much on individual landowners on a deal like this. I'm more concerned when we have a developer coming in on a larger area to worry about protecting the trees. I think what's appropriate to do it in the last one because the land that you were doing it on was closer to the lake. but I think of myself on my lot. If I -want to cut down a tree, I don't want to go to the City to tell them I want to cut down a tree. I've got 15 or 20 oaks that are 100 feet tall and I don't want to cut them down but by God if I do want to, cut them down, I'm going to cut them down and I don't want any crap from the City about it. Ellson: We're trying to preserve our nature and natural beauty. Batzli: This night be a little bit different because the owner of the lot is going to go on there with the intention of cleaning it up and cutting things down. pmnings: I Worry -about people like the and showed us a nice plan and said how through with a bulldozer and just took that scares me but anyhow, I thi-nk that but I have a more important reservation plays soccer. Gilbert Rreidberg: I certainly do. developers back here who came in much he liked trees and then went everything down. That's the part should be left up to his discretion about this. You have a son that E maings: His name is Nathan isn't that right? And when his teaat played my son's team last surriner, his team won didn't it? I'ir, opposed to this. Unless I can have some guarantees about next sumarer. Okay, I'm interested. Erhart: I have nothing additional to add other than I think it looks like a reasonable subdivision and I think Steve pretty much his words reflected my thoughts on tree removal things. Conrad: I have nothing to add. I don't feel the tree issue is an issue that I am concerned with. Is there a motion? Ellson: I'll move the Planning Commission recommend approval of Subdivision Request 189-23 as shown on the plat dated December 29, 1989 and subject to the conditions listed here with one additional one that would not allow further subdivision and no additional residences would be allowed. 8rhart: I'll -second it. Planning Commission Meeting January 3, 1990 - Page 24 Ellson moved, Erhart seconded that the Planning Commission recommend approval of Subdivision Request #89-23 as shown on the plat dated December 29, 1989 and subject to the following conditions: 1. Lot 2 be shown as Outlot A on the final plat. 2. The north 20 feet of Outlot A is dedicated as a trail easement. 3. The property cannot be further subdivided or any new residences be built on the site. All voted in favor and the motion carried. ZONING ORDINANCE TO AMEND THE CITY CODE WITH REGARD 'TO ESTABLISH THE MAXIMUM LOT SIZE FOR CHURCH DEVELOPMENTS AT 15 ACRES. Paul Krauss presented the staff report on this item. Conrad: So basically you're saving that somebody could come in, subdivide a parcel and basically get around the ordinance that way? Krauss: Yes, that's correct. In fact there was a related question.. If you recall we processed a conditional use permit or a site plan for a church in the Frontier building. The City Council didn't have a problem t with the church going in there but they were concerned what would happen a church purchased the building and made it tax exempt_ Roger basically said there's absolutely nothing you can do about that. Whether or not a church is occupying the property, they could purchase it and put some kind of a function in it and make the whole thing tax exempt. There's virtually nothing a community cando to stop it. The practicality of it is is that it's not going to happen very much because it's expensive property but that's the question that he left us with. Conrad: So what we've got on the books here is an ordinance that can't really, or we've got a proposal of an ordinance that really doesn't achieve what the City Council intended. There's a way to get around it. Would it accomplish anything? The way I read it right now, it's probably more restrictive in other areas because we went from church to, didn't he draft the ordinance to really say any tax exempt which actually in concept I'm more in favor of than signifying church but I don't know if it harms the City more in terms of restricting something that we may want. Wildermuth: I don't know if it's a problem of adjacent parcels is such a big issue. Do you think it is? Ellson: I wonder if there'd even be another church that would come in. We all know it's an afterthought kind of thing to what's been happening and it's a way to show the citizens that they're trying to put something in to prevent it,from happening again. Batzli: It's not a knee jerk reaction is it? -City Council Meeting - ptember 25, 1989 Councilman Johnson: Should we also say something about that City staff will assist in talking? Don Ashworth: I think just as the motion is. Councilman Bpyt move], Councilman Johnson seconded to authorize drawing against the Letter of Credit and Condensation effective December 1, 1989 for Curry Farms Second Addition if no resolution has occured by November 30, 1989 and Curry Farms will live up to progressing according to a time table established with the City during that period. All voted in favor and the motion carried. 0. APPROVE PURCHASE AGREEMENT FOR SALE OF PORTION OF MURRAY HILL WATER TOWER SITE TO GILBERT AND JILLENE KREIDBERG. Councilwoman Dimler: I pulled item (o) because there is someone in the audience that would like to address that and I wonder should they do it now or go to visitor's presentation? Mayor Chmiel: We can do it right now. Either now or later. Councilwoman Dimlex: okay. Mr. Wayne Fransdal would like to speak to that issue please. Wayne Fransdal: My name is Wayne Fransdal. I live at 6200 Murray Hill Road. First of all I'd like to thank you for moving this from the consent to the discussion agenda. I appreciate the opportunity. My primary concern is with the procedure used for the proposed sale. First of all, was there a public' offering or notice of the proposed sale? As far as I know, none of the neighbors north of the property that was proposed for sale were informed or aware that the property was for sale. Was a study completed over the future use of the property and was the property deemed surplus? Has a public entity, what is the procedure for selling public property or public goods? How is the Price determined? If the property is sold, what is the adequate size to be retained and what is it's purpose? In the past, many years ago, I attended Council meetings when the school district has asked the City to discontinue use of their easement on the city property for access to the water tower. To use the access from the road. At that time the reason for not using the road was it was a private road. It's now a public road and yet access is still from the school property. The question from the school is, and rightfully so I would think, is why should we provide access when they're going to sell off their own. Why don't they use their own access from a public road? If the land is sold, are there anv restrictions or can there be any, restrictions on the future use of the land? Could there be a variance for a home for a shall lot? Could it be used or restricted for outlots? Could it be restricted at all? As I said, my Primary concern is the procedure. I agree with delegating to the lowest Possible level. Let adminstrative people do what they need to do but there should be due process so that everyone has an opportunity, so that everyone knows what the City is doing with the people's resources. Mayor Chmiel: Thank you. 15 City Council Meeting - nber 25, 1989 Councilman Johnson: Mr. Mayor? I have to agree with the procedural aspects of this and before I make a motion here I'd like to also say there's covenants in here that no buildirg will ever be built on this. There's also access to be given to the City on an easement so we can service the water tower from that Side. So for those two things, we are providing both of those so there will never be able to be a house built on that small property plus the City will no longer need the access from the school area. But procedurally, I'd like to find out if we may have goofed up here because there may be some, we may have to do public offerings and stuff like that for excess and I'd like to table it until... Mayor Ctmiel: Or can we address it now,? Gil Kreidberg: gybe I could add something because I'm the buyer. Would you like to hear what I have to say? Mayor Ctmiel: Certainly. Gil Kreidberg: Sane of you are familiar with this situation. My name is Gil Kreidberg. I reside at 6444 Mhirray Hill Road. Some of you who were on the Council a year and a half, 2 years ago, we started this process and Roger Knutson, the City Attorney, are familiar with this situation. It's a little more involved than just an outright sale of the property on the part of the City for excess land. A couple years ago the City wanted to build, put a road through to the tower and those people in that area, south of the tower and sane to the north. Right at this time I don't know but other people objected strongly that they had the access and that they could possibly acquire an access, a permanent access from the school district behind their... WL- were concerned up there of changing the environment. Druage to the trees and taking risk to the kids that play up there and so on and in the last 2 years I've worked along with the pleasant Hills Homeowners Association trying to work out a campramise with the City so they could get what they want and we could be satisfied where we are in terms of the net result at the end. I've spent the last year working very closely with Gary Warren, the City Engineer, trying to work out a compromise which we felt we had here. I'm sorry that this gentlenan's concerned about the procedure and I understand that issue but essentially what was determined is that, I reside directly to the south of that piece of property which means that what this is going to be is this piece of land is going to became Fart of my yard. It isn't going to be built in anything. It's not going to be developed. Nothing's going to physically charge up there except now it will be a 10 foot wide gravel path with a gate that will prevent snownobiles and all the other stuff that will go through there if they don't gate it, from going back to the tower but it will be locked and the City will be able to access the tower fran the east side. I have agreed in kind to build a fence along that pathway which will eliminate snow drifting and stuff along their new road and it also will protect the cul-de-sac down to the south against the additional activity that will be generated not only by the fact that more People living lip there but by the fact that there will now be vehicles entering in there that were not entering in there before. The lot was appraised as though it was a buildable lot. Okay? It is obviously not a buildable lot. I have agreed to Fay a buildable lot price which is more than what the City would otherwise get with the covenants they put on it if they just put it up at auction or whatever. The reason I'm willing to do that is obviously it becanes Part of my yard. Secondly, it's important to me in a sense to protect my 16 City Council Meeting - ptennber 25, 1989 investment and the homeowners around me to make sure that this thing is done right. In a sense what I'm doing is funding the City's ability to put that road in. I don't think that there's even an issue here that the citizens of Chanhassen are not benefitted by what's taking place. I appreciate the Possibility that the procedure may have been different but the circumstances that brought this whole thing about go back 2 years and they have to do with a lot more than just me. We've been going through this for 2 years. I would appreciate not tabling it and moving forward unless by chance you have some strong objection knowing the background and circumstances that we do proceed tonight. Otherwise I'd just like to go forward because it's taken a lot of time, both mine and the city's and I'm sure... Don Ashworth: The points brought out are correct. The only thing I might add is that it did involve a lot of people through that whole process and a lot of people caning into the City Council again very concerned with the trees. Very concerned with access to the school. Very concerned with how that property might be used as it would relate again back to the trail requirements and yet Still accomplish the City needs for that property. In terms of the procedural question regarding the legality of publishing, etc. that is not there and I think that the law understands issues such as this where the City looks at an issue as to how it's going to best serve the citizens in that area as well as the City itself. Councilman Johnson: Can I hear from Forger on that one Don? Don Ashworth: Sure. .t Roger Knutson: Bidding is not required for the sale of property. Other stuff, yes but not real estate. Councilman Workman: What's the actual size of the lot? Gil Kreidberg: Not even 2/10ths. About .445 of an acre. Buildable lots up there go for, I mean it was appraised at the equivalent of about $32,000.00 on the basis of a contract for deed assuming it's a buildable lot and I volunteered to pay cash if they cut it to $30,000.00... Councilman Bost: Why isn't it a buildable lot? Gil Kreidberg: Because you're putting a covenant in there that tells me I can't build a home structure on it. Councilman Boy t: But otherwise it would be? Gil Kreidberg: otherwise in theory it could be but you know, when we went through this discussion... you weren't on the Council at the time, the whole idea was we wanted to keep it like it is and the City wanted to get their access but we still had to work on a campranise and I think this is fair because essentially what I'm going to do is get the City to put the road in and that goes on the tax roll which means I'll pay taxes in the future, not to mention what we're paying now. Councilman Johnson: Is there any to combine this lot and your lot to where it becanes one lot of record versus two lots? 17 City Council Meeting - - .ember 25, 1989 Gil Kreidberg: You know I've asked Gary about that and I guess he wanted to explore that. I don't know. Roger Knutson: You get one PIN number for it, yeah. Councilman Johnson: Because if it's one lot, then you'd have to subdivide. You've have to came in and request for a subdivision in order to build the second house on it. Gil Kreidberg: I have no problem with if you want to set it up that way. I just want it as a yard and I want it as a buffer against this road and I'm going to... It will be a nice deal when it's all done. Cbuncilwanan Dimler: I have a question Mr. Kreidberg. You sav that you want to clean it up. Would you explain that a little bit more? I understand... Gil Kreidberg: ...a couple of the Council members have. The City has let it go downhill in the last 15 years and it's got barbed wire fences. It's got debris. It's really a mess. Councilman Dimler: Brush you mean? Gil Kriedberg: Not just brush. I'm talking about the land directly to the north of this piece of property is a farm. It's a little horse farm. It's about 2 1/2 acres and they keep horses out there and up until they actuca ly developed the area where I an, which is about 4 years ago, this guy used to let his horses and everything wander over there. He built, he put up barbed wire fences and an old wood fence and I mean there's all kinds of debris that was k thrown there from whatever the sources are and I told the City that I would, at my expense, clean that property up. Councilwoman Dimler: You're not talking about clearing trees and stuff? Gil Kriedberg: oh, that is the last thing that I want to do. I mean there's a long letter... CouncilwMan Dimler: Alright, thanks. Mayor Chmiel: Any further discussion? Councilman Abrkman: So he's basically paving $30,000.00 for less than an half of an acre up there? Don Ashworth: That he can't build on. C=)cilman Workman: That he can't build on? 1ayor Chmiel: Right. Councilman Workman: Might somebody else be interested in this property? Councilman Johnson: only if they could build on it. M City Council Meeting - �-ptaTber 25, 1989 Don Ashworth: We could start the process over and advertise. I just find it very difficult to believe who's going to buy it under similar conditions. Gil Kreidberg: Also remenber there's a water tower directly behind it. It's a nice monolith but it isn't an art form you would normally... Councilman Workman: Is this kind of for the neighbor's, who voiced concerns, is that bring things a little better into focus maybe as far as the purchase? Mrs. Fransdal: no one knew any about this. Wa had no idea this was going on. Even the Woida's directly, they had no opportunity to bid on the property ... I just Murder how the City ... and what does he mean by a locked gate? Gil Kreidberg: No, no. ghat the City is going to do, this is for your best interest. The City is going to build a 10 foot wide gravel path that allows than to get their vehicles back to the tower. They will also provide pedestrian access to the middle school and the fields and so on back behind there somewhat to satisfy the trail pattern here in Chanhassen. Mrs. Fransdal: Will the children be able to get... Gil Kreidberg: Oh absolutely. The reason for the lock is to prevent these bozo's who run these snowmobiles out across there from going across Murray Hill and shooting right down that path where the kids are. The gate will allow Pedestrians through. It will be locked. The City will be able to unlock to take their trucks down in there and relock it when thev leave so we don't have a road in there that will have traffic. Only the one's we're supposedtto have. Mayor Chmiel: It's basically for the access of the City to get to there? Gil Kreidberg: That is correct and for the pedestrians to get back and fori'h. Mrs. Fransdal: This is our only legal walkway to MIS. Gil Kreidberg: That's right and you're going to still... Mayor Ctmiel: Right and that still will be because the City will still own that 10 feet. Gil Kreidberg: 20 feet. Mayor Uniel: Or excuse me, 20 feet. Mrs. Fransdal: And now maintain it so the children can walk? Mayor C7miel: Right. Coil Kreidberg: That's the whole idea. Councilman Johnson: That was the whole purpose of this was to get that now. The other part is how are we going to get the trail from 65th Street over. That hasn't been resolved yet. That's another one. A thorn in my side. After 2 years we haven't resolved. 19 City Oouncil Meeting - Se tuber 25, 1989 Mayor Cimiel: That's not the issue. Councilman Johnson: But this will be even better, right now they have to walk through that lot and it's not in any good condition. They have to climb the barbed wire fence and everything to get back there I guess. Mrs. Ftansdal: There's a little path now. Gil Kreidberg: Right. Have you noticed the logs that are in front of the path now that NSP cut down and left in the middle of the path. You will have a better access back there because you'll literally have a le foot wide gravel path. It will be easy for people to get ... gate so you don't have snowmobile traffic or small motor vehicles who might decide it'd be a good time to go shooting through there. Mrs. Ftansdal: Our main objection was to the procedure and not... Gil Kreidberg: It's my intent to inform Mr. Woida and Mrs. Woida what's going on but it's only been a few days that I've known about it and I just haven't had a chance to visit with them. Councilman Boyt: I have just a quick question. Dcplain to me how kids are going to get through the fence but snowmobiles aren't going to get through the fence? Gil Kreidberg: Apparently, as Gary has described it, and I have not seen a Picture of the kind of gate. It's the kind of gate that they can lock bbt it allows pedestrian traffic. He said they're used it on one other entryway. I don't know if it's to a water tower or another facility here in Chanhassen. He said there was one like that but the idea was, whatever the use, I've seen these before. Not here in Minnesota but elsewhere where the gate locks and so on...' A snowmobile, you might be able to marginally get through that. I don't know. Councilman Boyt: Okay, but the intent is to allow the walking path to... Gil Kriedberg: Absolutely. Absolutely. It's a two prong thing. One, so you can get the truck back and two, so that people can get back and forth. It'd be self defeating if the people can't get back and forth. Councilman Boyt: I think the neighbors have brought up an awfully goad point. I hope we've learned something from it and I'd like to see us move on this now. Councilman Wbrkman: What I'm trying to get at is there the slightest chance, and maybe the Ftansdal's can answer this right now, would somebody else be interested in this property? Again, it is all of our property and we are selling it and it appears to be a good deal and you appear to be doing us good by this transaction but could there be sanebody out there that might be interested in also owning this property and that seems to be the issue? Or in what is going on with it. Don Ashworth: I'm not sure. The issue originated when, well not only were we looking at the trail but I believe we had a public improvement in the process. Gil Kreidberg: You wanted to put a road in there and the... 20 City Council Meeting - ;ptember 25, 1989 Don Ashworth: The neighborhood had cane out and we had 20 people who were here talking on the issue and that's really where the issue had started. You know, if I would have believed that the neighborhood had not supported this entire transaction or there was anyone else who was interested or there was anv question that this had not originated from the neighborhood itself, I guess we would have gone through a different advertisement process than we did b»t I really had believed this was kind of a grass roots process that they themselves were starting and finally a year and a half later we finished. Gil Kreidberg: I'm sorrv. I thought everybody who was party basically was aware of the net results. Thev rmav not have all been aware of that this was going to be decided here this evening because as I said, I just found out on Fridav so. Wayne Fransdal: My comment is regarding the availability of the information. W� telephoned the three neighbors closest on the north side of this and none of then were aware. If it's grass roots, it cane from a very small group within the development or people on the south who had an interest in it. The people on the north who have equal interest and access from this property to the school were not informed. Gil Rreidberg: They were informed. They were informed all along up Lentil tonight. They were party. They signed a petition they objected to the road to begin with. Mr. Woida did and so did Mr. MacFarlane and the other people on the Opposite corner of the MacFarlane's... Councilman Johnson: Could you tell me what your objection is? What *are you truing to gain by stopping this tonight? Would you like to purchase this? Would you like to make us an offer? I'm trying to understand where you're ' comIng from? Wayne Fransdal: Where I'm coming from is the frustration with the adminstration in dealing with a lot of issues in the city. We can come in, developers can cane in, make a proposal as an example, and they get an approval and they go out and do whatever they can negotiate with the staff. This is a case that has been negotiated with the staff and there was not public input from a lot of the people in the area. Maybe is a frustration on my part that we have things in our neighborhood that if I individually cane in and asked to do, they would not be approved but when negotiations with staff, they end up being built and there they are. Councilman Johnson: So are you objecting to the roadway.> Are you objecting to the City trucks going through there? Wayne Fransdal: No. I think the City should have access to the water tower from the public property which they own. I do not believe that a complete study has been made on the future use of this property. When we looked at all things that are being done from digging a pipe in or installing public easements, we had studies. We had environmental impact studies. We have future use studies and I don't believe they have been done and for me to say there's someone else that is interested in the property, I certainly don't know and no one in here can answer whether someone else is interested unless you ask. I'm not against the sale. I'm against the procedure. I may be all for the sale. 21 City Council Meting - Ser Tber 25, 1989 Mawr Qmiel: I agree with the concept and the idea that you have. Councilwoman Dimler: ghat should have been done? Counci]man Johnson: I can see staff's point of view. It's a little matter that's been going on for a year and a half, two years since before I was on the Council when this was originally approved there. This thing has been going on and on and the developer caused some of the frustrations when he didn't give us the trails he was supposed to give us and everything else and this is staff's om way of cing to a conclusion on about half the problem now so we maintain that open, it was kind of Council a few years ago, 2 years ago, whatever we were on this, Council directed to reroute that trail through this property. I guess that's... Mawr Chmiel: I think that's very true. Councilman Johnson: I think it could have been handled better. Mawr Ctmiel: I'd like to make a suggestion to staff that all adjacent properties be notified on any transaction of sale of property within the city. That way at least that procedure would be taken care of. Notifying the adjacent neighbors. Making then aware of what's transpiring and then proceed from that. Councilman Boyt: Ibis has been sort of in limbo for at least a year. I don't think we, maybe we do, I'm not aware that we lose anything by publishing that this property is for sale as a non -buildable lot and 2 weeks from now resolve it. It seems like we're following a better procedure to do that. a Mawr Ctmiel: Yeah, I'm speaking in the future with any other transactions that we do. As I look at this particular piece of property Bill, if the road is ,. going to be on the far end adjacent to that Lot 1. No no could, in my opinion, want to own that property with a road going through with an easement. What he has is his land is abutting the property here and of course the road would be on, if we're looking at a northerly direction, it would be to the north of that segment where the road would go. Gil Kreidberg: It gives me a little buffer from all the traffic is really what it comes down to. I was willing to pay a premium because I live right next door to it. The chances that somebody will pay you what I'm paying you, they'd have to be, you can't build on it. If you could build on it, that's something. You know I'll leave it up to your judgment. We spent a lot of time trying to work up something that was amicable. Councilman Johnson: Another thing we should have done, instead of having it 90 feet wide, We should have had it 89 feet wide because at 90 feet it doesn't need a variance to build on it. Because it has the covenant it does but at 89, it would need a variance to build on it at all so we couldn't even part it on without a variance and the covenant on top of that. Wb'd have two ways of telling then, if somebody came in 10 years from now trying to build there, we'd say you can't_ Don Ashworth: As long as it's considered a lot of record though they could build on it. If you bought a lot in the downtown and it's 60 feet in width, as long as you meet setbacks. 22 City Council Meeting - Ptember 25, 1989 Gil Kreidberg: What about my original suggestion of making it part of my Particular lot? Don Ashworth: 'That's something that should be looked at. The covenant is good but as long as it's a separate legal lot of record, it could be built on. Councilman Johnson: Well if it's a separate legal lot of reference, they still have to have a variance to build on it even though it's a legal lot of record. Mawr Chmiel: They can make it contiguous though can't they Roger? Roger Knutson: If they legally split it, once you have a legally split lot, I don't know how they d get it legally split if it were only 89 feet but if they were somehow to manage to accomplish that and they came in for a variance, and they own 89 foot lot, met all other ordinance requirements, you'd probably be hard pressed to turn down a request for a variance. Councilman Johnson: Unless there was the covenant? Roger Knutson: Unless there was a covenant, correct. Councilman Johnson: I mean you'd still want both. You wouldn't get rid of the covenant. What would it take to combine it to one lot? Roger Knutson: Is your existing lot a meets and bound description or.is it a lot in block? Gil Kreidberg: You see what happened is they platted 6 lots in what they call Pleasant Hills okay and this of course is not part of Pleasant Hills. Gary,was telling me something and I'm not sure that there's two ways. One is to keep this separate and the other was to kind of redo it and I think they had to survey it and then there were sane fees in filing but I think it could be done and like I said, I have no problem with that. I'm not going to build anything. I can't build it. It's going to be a yard. Councilman Johnson: single lot. I think the City should pay those fees and make it as a Roger Knutson: Your property that you presently own is a lot in block, is that right? Gil Kreidberg: Pardon me. Roger Knutson: You have a lot in block legal description? Gil Kreidberg: Yes I do. As a matter of fact I think I have it here. Roger Knutson: See if you had a meets and bounds, then you could make one meets and bounds description. This accomplishes it. This says non -buildable but you can combine them for tax purposes. Have one PIN number by working with the County and if you ever wanted to divide a PIN number, you've got to come back to the City. 23 City Council Meeting - , mber 25, 1989 Councilman Johnson: The covenant is strong enough to where they'll never be able to build on there. Councilman Boyt: 'that's the best way to do it. otherwise, they can subdivide the lots someday and build. Councilman Johnson: Well the covenant would still stay there no matter what we did. Councilman Boyt: Let's table this for 2 weeks, Councilman Workman: Second, Mawr CYmiel: It's been moved to table for 2 weeks to come up with a conclusion and with a second. Councilman Johnson: To talk to the neighbors and inform the neighbors. Councilman Workman: Inform the neighbors and set up a policy that we can follow each and every time we have a situation like this. Lon Ashworth: It will be short notice that will occur in the newspaper, hh can do it bit we turn it in for this Fridayd i and would then appear in the following Wednesday which then would be heard by the City Council on Monday, Councilman Workman: Is once enough? Don Ashworth: you potentially would have a challenge that I only saw this. Mawr Chmiel: Can we notify those adjacent 7 property owners by letter_ Don Ashworth: yeah. I'm just saying that we still have really the same list from the last time, Mawr Cttmiel: That would process it and make it move just a little faster. Councilman Workman: If I could bring up one other thing while the motion hangs here also and some frustration up there. It's a different sort of a hill up there as I'm told by the neighbors. It was going to maybe be Carlton College up there possibly way back? I don't know how we lost Carlton College but I would like the F7igineering staff and Dave, if you're listening, I believe it's called Somerset Circle there off of Murray Hill Road. There's a large, very large ditch there. I guess I'd like a little bit more information. Neighbors claiming that perhaps that ditch is something that it never was interned to be in the development contract. Can we check out what the circumstances are with that? It's the north ditch off of soverset. Councilman Johnson: that's a different subdivision, Councilman Workman: Right. But again, adjacent to. Gil Kreidberg: That'd be to the north about a block and a half or so. 24 Citv Council Meeting --eptember 25, 1989 Councilman Workman: But again, it's a unique area up there and there's some frustrations. Councilman BOyt moved, Councilman Workman seconded to table approving a Purchase Agreement for sale of a portion of Murray Hill Water Tower Site to Gilbert and Jillene Kieidberg so staff can notify neighbors. All voted in favor and the motion carried. VISITOR PRESENTATIONS: There were none. PUBLIC HEARING: ASSESSMENT HEARING AND ADOPTION OF ASSESSMENT ROLLS: Bill Engelhardt: Your Honor, members of the Council, this is the assessment hearing for the Kerber Blvd. improvement project. The total cost of the project was $444,640.12. The project was covered by 55% tax increment funds and general obligation with the balance of the cost to be spread against the benefitted Properties along Kerber Blvd.. The developers of Chan Vista, Saddlebrook, the Janes property, all had development agreements where they agreed to the assessment aril those assessments have been collected as the lots have been sold. The lots that have not been sold, those assessments are on the assessment roll. The project cost was slightly under the original bid amount which showed up as about a $2,700.00 reduction in the feasibility study cost for the tax increment and general obligation. With that I'd be happy to answer any questions you might have on the project. Mawr Chmiel: Anyone have any questions at this time? Is there anyone wishing to address this for the public hearing? If so, this is your opportunity to came forth and address it and if you do, please state your name and your address. CounciLman Johnson moved, Councilwoman Dimler seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Resolution #89-104: Councilman Johnson moved, Councilwoman Dimler seconded to adopt the Kerber Boulevard assessment roll as modified dated Septenember 11, 1989 with a payback term of 8 years with an established with interest at the rate of nine percent (98) of the unpaid balance. All voted in favor and the motion carried. a n �r• •• r•• a �x ••.• a • Public Present: Gary Carlson Address 3831 West 62nd Street 25 GILBERT H. KREIDBERG 6444 MURRAY HILL ROAD EXCELSIOR, MN 55331 (612)474-9129 May 9, 1989 Mr. Gary Warren 5 �s City Engineer �� 4+67y OF L;B(9H,AS City of Chanhassen Zr�R(��i Rrl 690 Coulter Drive IO�iSI(7iK I I C10 P.O. Box 147 Chanhassen, Minnesota 55317 IJIAY .101989 ��(� ,r CC Dear Gary, LHL(a4Lcc Z4iII--.G rr� This letter is a follow-up to our conversation of May 9, 1989 regarding the Cities' property in front ( to the east ) of the water tower off Murray Hill Road. Now that the issues concerning the trail system and the need for alternative access to the water tower ( Lake Lucy Road pipeline ) appear to be resolving themselves, it seems appropriate to review my interest in acquiring this property. As you know, the Cities' property directly adjoins my lot. I am proposing purchasing the property from the City of Chanhassen at a mutually agreed upon price with some very favorable terms from the Cities' standpoint: (1) At the time the purchase is consumated I would gift ( deed ) to the City the northern 10 feet ( or what is needed, within reason ) of the property to allow continued public access from Murray Hill Road to the MIS School as well as emergency eastern access to the water tower. (2) I also would accept that no house could ever be built on the property. It would simply be part of my yard. This transaction would allow the City to meet the needs of the public, add to its Treasury by the purchase Price and increase the tax roles as I am sure my property taxes would increase as a result of the purchase. During recent years, the property has been neglected and needs to be cleaned up. If I acquire the property it saves the City the clean up expense. The above proposal meets with the approval of the Pleasant Hill Homeowners association. If the City Fathers are in agreement in principle, I am sure we can come to a satisfactory meeting of the GILBERT H. KREIDBERG 6444 MURRAY HILL ROAD EXCELSIOR, MN 55331 (612)474-9129 minds on the price. I appreciate your assistance, and the Mayor and City Councils serious consideration of my offer. If you have any questions or if you would like me to be present at a City Council meeting, etc., please give me a call. I look forward to hearing the Cities response to my proposal. Thank you. Best Regards, s IN CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 1, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Kreidberg Metes & Bounds Subdivision — Planning Case 07-26 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me this ' day of N ovcmb e l 2007. Notary Atlic KIM T. MEUWISSEN Notary Public -Minnesota ��'� My Commission Expires Jan 31. 20-0 Notice of Public Hearing Chanhassen City Council Meeting Tuesday, November 13, 2007 at 7:00 P.M. This Date & Time: hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision Applicant: Golden Valley Land Company/Gilbert & Jillene Kreidber Property 6444 Murray Hill Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed at the Meeting: project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/07- 26.html. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(u)ci.chanhassen.mn.us Comments: or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Notice of Public Hearing Chanhassen City Council Meeting Tuesday, November 13, 2007 at 7:00 P.M. This Date & Time: hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision Applicant: Golden Valley Land Company/Gilbert & Jillene Kreidber Property 6444 Murray Hill Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed at the Meeting: project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/07- 26.html. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous(cDci.chanhassen.mn.us Comments: or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. This map is neither a legally recorded map nor a surrey and is not intended to be used as one. This map is a cempilabm of recods, information and data located in various dry, county, state and federal offices and other sources regarding the area shown, and is to be used fen reference purposes only. The City does not warrant Mat the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used far navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in Me depicpon of geographic features. If errors or discrepancies are found please contact 952-227-1101. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Sued. 21 (2000), and the user of this map acknowledges Mat the City shall not be liable for any damages, and expressly waives all claim, and agrees to defend, indemnify, and held harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of Me users access or use of data provided. This map is natter a legally recordetl map nor a surrey and is not intended to be used as me. This Me is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are enor free, and Me City tices not represent that Me GIS Data can be used for navigational, bactdng Or my other purpose repairing exacting measurement of dislance or direction or precision in the depictim of geographic features. If errors m discrepancies are found pease contact 952-227-1107. The preceding disclairner is provided pursuant to Mimi Statutes §46603. Sued. 21 (200D), and the user of this map acknowledges Mat Me City shall not be liable M any damages, and expressly waives all claims, and agrees to defend. indemnify, and held hanniess Me City from any and all claims brought by User, iM amployees or agents. or Mind parries which arse out of the users access a use of data provided. ROBERT E LEE III THOMAS G & NEYSA L WINTERER CRAIG R & CATHERINE JOHNSON 2250 MELODY HILL RD 2210 MELODY HILL RD 2071 MELODY HILL RD EXCELSIOR, MN 55331 -8891 EXCELSIOR. MN 55331 -8891 EXCELSIOR. MN 55331 -8888 GREGORY I & JULIE M NELSON 10SPRING HOMES INC JOHN THOMAS FAVORITE II 2165 MURRAY HILL CT 7925 STONE CREEK DR SUSAN LEE FAVORITE EXCELSIOR, MN 55331 -8882 STE 120 2080 65TH ST W CHANHASSEN , MN 55317 -4609 EXCELSIOR, MN 55331 -9005 DOUGLAS V SCHROEDER BERNARD C JR & SANDRA BENZ KAREN SIGNE PETERSON PO BOX 625 2061 65TH ST W 2240 MELODY HILL RD CHANHASSEN , MN 55317 -0625 EXCELSIOR, MN 55331 -9006 EXCELSIOR, MN 55331 -8891 GREG GOLMEN 8 CINDY TELLINGHUISEN CHARLES G GOERS SR 2UNIE MELODHOFF-Y HILL R 6370 MURRAY HILL RD 2160 MURRAY HILL CT 222E MELODY HILL RD EXCELSIOR, MN 55331 -8891 EXCELSIOR, MN 55331 -8834 EXCELSIOR, MN 55331 -8882 ROBERT & JERI LOU PRCHAL JOHN J & JUNE A HAMSHER JANE QUILLING REVSBECH 2150 MURRAY HILL CT 2081 MELODY HILL 2155 MURRAY HILL CT EXCELSIOR, MN 55331 -8882 EXCELSIOR, MN 55331 -8888 EXCELSIOR, MN 55331 -8882 JOHN D & KATHRYN D DESMET JOHN J & LYNNETTE J DELUCA RICHARD & BARBARA D ATHERTON 6454 MURRAY HILL RD 6484 MURRAY HILL RD 2082 65TH ST W EXCELSIOR , MN 55331 -8994 EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 55331 -90,05 CAROL ASLESEN CHILD RICHARD E & KAREN HERRBOLDT CHARLES R & BEVERLY J JACKSON 6482 MURRAY HILL RD 6464 MURRAY HILL RD 2110 CRESTVIEW DR EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 55331 -8009 LECY BROTHERS CONSTRUCTION INC TIMOTHY P & HEIDI S LARKIN & CHARLES R & JOANNE F LEW ELLEN 15012 HIGHWAY 7 LECY BROS CONSTRUCTION 6340 MURRAY HILL RD MINNETONKA, MN 55345-3634 2150 CRESTVIEW DR EXCELSIOR, MN 55331 -8834 EXCELSIOR, MN 55331 -8009 JOHN R & NANCY H LIBERG GILBERT H & JILLENE KREIDBERG DOUGLAS E & MARY K JOHNSON 2091 MELODY HILL RD TRUSTEES OF TRUSTS 6474 MURRAY HILL RD EXCELSIOR, MN 55331 -8888 205 NUNAN ST EXCELSIOR, MN 55331 -8994 JACKSONVILLE , OR 97530 -9699 IND SCHOOL DIST 276 RICHARD D & JOYCE H MCFARLAND 261 SCHOOL AVE 6341 MURRAY HILL RD EXCELSIOR, MN 55331 -1987 EXCELSIOR. MN 55331 -8832 LOT SPLIT PLANS FOR: CITY OF CHANHASSEN RECEIVEDEIVED6444 MURRAY HILL ROAD OCT 12 2007 CHANHASSEN, MINNESOTA CHANHASSEN PLANNING DEFT 10"@-'—W 12" b 3 — — — — 2" — — — — — — — --------10' SSB � 01 I DO l o �I I11 - ° IN wl I PARCEL A Mm M 0 �r o � L MI 10 19, 212 SF � 11 oA rn v L i" — ca \OO Ex. Water Tower ml ml 7.5 ��tn City of Chanhassen I o '1 A° ➢p 1 I Outlot A Plegsfmt Hills 2nd Add. I I of I I L7D' sse o I I 0 6' D&U--- 0 113. 8 _ 6' D&U ------------ ---�----------- \ � — — — — — — — — — — — 70' SSB_ _--------------- � \ ` \ PORCH EX. \ \ SHE / m I I ' I I I I I > I I Ex. House a DO I 16486 Murray Hill dP SERVICES TOPP CB=1073.0 IN SERV=1063.0 I SAAN INV ® WYE=1056.23 I I a i -E HYD. `r I TC.P NUT=1074.72 \ \ DECK / / EX. MH 3 27 INV= \\\\ PARCEL B GARAGE / /Jo 2 ) RIBA=1056.1071. _ 47 53 \ 30,859 SF r // \ m O \ DO j t ` ex Fey °- Zo FF\\ 7C�r rajd ,� 2 s \ Sg F 28.88' / i 0 4krV 4� EX. MH 1 �o �J RIM=1069.57 INV=1057.84d4 / EX/MH 2 RIM=1070.91 / IpdV=1057.17 / / 2 / > / � o / \ Ex. House / L5, 81 \ / 6484 Murray Hill Rd. ROW L F-------1 LOT ME / WALKOUT C I ' it II 3 I L- I I � 1 ��,•'x.•� o—z =m7 X tpv � L i�dss '00000 tCIA l t'! '1 E _ MELODY MLL RD � _ w 65tn st SHEET DESCRIPTION 1 SITE PLAN, UTILITY PLAN 2 EXISTING CONDITIONS PLAN 3 GRADING, DRAINAGE, EROSION CONTROL & TREE PRESERVATION PLAN 4 DETAILS SITE DATA (SINGLE FAM. RES. DISTRICT) TOTAL SITE AREA 1.15 AC is OF LOTS 2 DENSITY 1.74 UNITS/AC EX. ZONING RSF IMPERVIOUS CALCULATIONS: MAX IMPERVIOUS AREA ALLOWED=25% OF LOT AREA PARCEL A, LOT AREA = 19.212 SF MAX IMPERVIOUS ALLOWED = 4803 SF IMPERVIOUS SHOWN = 4.500 SF PARCEL S, LOT AREA = 30,859 SF MAX IMPERVIOUS ALLOWED = 7,714 SF IMPERVIOUS AREA EXISTING 6.646 SF wJ(p UTIUTY NOTES: SANITARY SEWER SERVICE = 6" PVC SDR26 (SEE DETAIL) WATER SERVICE = 1" TYPE K COPPER (SEE DETAIL) N GE LOCATED ON LOT NIGH SIDE) PAD TYPE PICAL 70' WDE X 60' DEEP PAD -GROUND ELEVATION AT REAR - LOT NINBER .BUILDING SETBACK LINE (30' FRONT 30' REAR. 10' SIDE nP.) IAGE k UTILITY EASEMENTS (TYP) FRONT. 6' REAR k SIDE TYP.) E 3 20 0 20 .o IA�SISAD ayvKAn I arvrn rx SCALE IN 11�M��pp�AF�EE��TT� I �v �1w w I THE p15 OF E%STNC UNDERGROUND LIT TIES ARE SHOWN IN AN APPROXIMAR WAY ONLY, THE EXCAVATING COMRACTOR WU DETERWNE RE EXACT LOCADON Di ALL EXISTING URITIES BEFORE COLBIENCMC WORK. ME CONRACTOR AGREES TO BE BY HIS FAILURE TO E(ACLTLYELOCATE AND PRKE VE ANY AND ALL UNDER mIOHT BE DaUI ITIES. z F J p0 0- o- N w �z F_ t? a z � a fN (o U 1 10/9/07 1 07-115 1 Ex. House Ex. House 2155 Murray Hill dt. \\ FFE 1076.31 2165 Murray H111 Ct. I ♦` \` I { J 1 ` 1 \ \ 1 I \\ —T 1 O O 10" b a w 1, 12" DIP W - a 12" DIP - EX -TREE kDGE OF CANOPY `2f0:00'-_ I � RTSETz EX FENCE sE` { I I I I I I I I A tiR\ z.\°nz� asE\°� 4Pyo �0 J' , I6 1 O wly Imo/ j. I, G / i / gDx/ Ex. Water Tower _ I ---]--City of Chanhassen I z _ a5 --- ,----- tl' 0uot--A-Pl t Hills 2nd Add.'U.; 78' - z Ex -TREE EDGE OF \ Fx 6 POOL - 0 �d a J ) Zm �O i' 3 or 28.88 j 1 \10 10 I I � 1 I GARAGE II I / / I / / I / Ex. House 6488 Murray Hill Rd. / I / I / Ex. House 16486 //Murray Hill Rd. I ' / I / / I ' / I I; cEfi S s \ 4- /wry/ > %4Y av ^ Ex. House 1-5, 81 / 6484 Murray Hill Rd. , 11, � O 0 XLp'� wJ(O Fx_ LEGAL DESCRIPTION LOT 1, BLOCK 1, PLEASANT HILLS 2NO ADDITION 0-55b9` MOMS SOIL BORING — — — DENOTES SILT FENCE/GRADING LIMIT DENOTES DQSTNG CONTOURS —1056— DENOTES PNOPOSED CONTOURS —»�>— DENOTES STORM SEWER DENOTES SANITARY SEWER �B'�--N DENOTES WATERNAIN DENOTES EOSTNG SPOT ELEVATION X 1056.0 DENOTES PROPOgO SPOT ELEVATION EW ♦j0O DENOTES EMERGENCY OVERROW ELEVATION EE 1 10/8/07 1 s, w 20 0 20 to 07-115 WARNI SCALE N FEET — - Ds 2 SCANNED Ex. House 2155 Murray Hill Ct. Ex. House I FFE 1076.31 I I , 2165 Murray Hill Ct. ` \ o \�G�\\ \\ I MAX ASSIJW '3RADKQ LIW IT/TREE REMOVAL I LIMITS. �FINAt. GRADING LIMITS/TREE \ REMOVAL LtMITS TO-BE--DE-TERMINED BY FINAL HOUSE\\DESIGN). — SILT FENCE —10" �--W ��12' DIP _ W �_ 72• DIP BjfUILDER W ^: t EX -TREE EDGE OF CANOPY \ y:_ ) I -- rO O W1 O WI Ex. Water Tower--' City of Charhossen 0utlo�t-A-PI it Hills 2nd Add. Q" \ a I I ; w � W Az ev"i oow PARCEL ;A �' U SILT FENCE- 1r --� (BY BUILDER) j�O t �lak0 � 101 0 '- / .�ao"•� 0 2_r._2 \ O EX -TREE (EDGE OF CANOi \ s� I y t1[IN, two ' I VARCr-L B, i r o r o y t \ t FFNc + F z Z yr ,. tuk 0 ) IN / j Ot -0 / O min _ p-�' II r / PORCH \ EX. Y V7tCK Q: ( \ . f Q' GAF2AGE / o� a 0 / t / yitO I � f 1 I I I I I I I I' I V Ex. House 6488 Murray Hill Rd. / / / / / y / y / I � I / Ex. House I , 6486 /Murray Hill Rd. I I ' PP ,SERVICES I TOP CB=1073.0 IN SERV=1063.0 SA� INV ® WYE=1056.2t I 'RACK CONST. ENTRANCE c ` (gY BUILDER) — � Y Ex. House ,./ L5, 81 6484 Murray Hill Rd. Total site ores BoeelFe canopy co.Mr area Lin «. 0.63 «. 27. of total 3%, 0.32 au 27.65 of fatal site Nan-apnapY cover area Can area to be removed 0.22 oc 19.1% of told site tto grading limit shown) Ce qpy cover area remoin �q after grading limit shown) 0.61 as (53.O% of total ait*) (so grading NN'(pa lamb O 46S total 0.00 arc. (IG.OS of total vile) G[y stet of site) Additbnal conopy apver reWv Mea of canopy cove (per city) 108 «. sf/Ves 1. No. al lands<ape trees reguied 00 0 Vess GRADING N0TES- • Trees mml be removed from site or chipped (no homing} • Tom, site seeding/mulch required within 14 days after site grading is complete. • Daily street sweeping and scraping is regd. (if necessary) • City roc ies a detailed haul route and traffic cori plan for importing/exporting material (by Contractor). NOTE; LOT TO BE CUSTOM GRADED BY BUILDER. 4a B-r5` DENOTES SOIL EMING -- DENOTES SILT FENCE/GRADING LWT —IG5e DENOTES EXISTING CONTOURS —1056— DENOTES PROPOSED CONTOURS ))�!Y DFNOlES STORY SEVER DENOTES SMITMY SEVER or DENOTES WATERMMN . ace- DENOTES MSTMG SPOT ELEVATION X 1056.D OFNOTES PROPOSED SPOT ELEVATION O F,4,101W.0 DENOTES DAERGENCY OVERFLOW ELEVATION N W E 3 20 0 20 40 SCALE IN FEET WARMN TIE LOCATIONS OF'MTING UNDERGRWND UTEITIES ARE SIOMN IN 4 APPROX&ATE WAY ONLY. TIE EXCAVATING CWiMCTpt STALL DETERMINE ME axA LOCATION a ALL EIa91ING UIItITES GEFORE CO.MrENCNC MGES URK. THE CONTRACTOR AGREES TO BE FMNLUiE TOSPOrUI ACTLLYPLMATEY AND PRESERVE MY MD ALL UNOE/t l UTI ITES ED BY IS rt,01 f� •nn w. . PI w Q Z Q O OU) LL1 Z Q EI.I re fr LLIV) Q Z Q U SCANNED r N 0 N N a .. 1 N n m ro r g_�iWbp `m m SIM T Pods 24r b Wand Note: �'~ m m m Sit feln Pa MNDOT o m' spacifimNim% e2000. ffoae Woon a! � m ImnoflamenC W.;O. Imlmed to µONO g Z m ot..l 7-hats eb 3(50b) bmsh sbmly0 plastk rip Iles pe, J( T-Post. (9"- s&ed) emowadve yI FROSION CONTROLS FENCE — TYPE 1 FILTER FABRIC 6' MINIMUM DEPTH 13 Nola: eddy/y` Type 2 sit Rncs IP the woe m type I with nay bola WOW m pa detai. 1' — Y WASHED ROCK 4 Type 2 to be used to protect al "floods. M�oN TMINIMUM CUT OFF BERM .y0 TOO MINIMIZE RUNOFF FROM SITE Y�eYv.�e ee V • Y,ww e� Zip Ties e..�...��..�..r NOTE: FlLTER FABRIC SHALL BE PLACED UNDER ROCK TO STOP MUD MIGRATION THROUGH ROCK. EROSION CONTROL FENCE — TYPE 2 OF ROCK CfTY OF SILT CE$AjjASSjj CONSTRUCTION 4C1 C$U$AS9$$ FENCE ENTRANCE I6,e5$,_w Nw. 2_97 5301 eumts-n.I�. w.w ouc 2_97 nAle ro: 5300 6a5 � E-T1F1 14T d i Si�Fd yb g3 a- 3s a PL E Street PL a 5�5an • 8 VrbbM �• W. P 6' METAL fIIKE POST 0 F TOP a N0 PANTED Box Q TOP 6' PAm1ED BLUE. O Q o Z cum BOX "TH t I/C I (A F � PIUWWd Fad 3 ILL 5rA1lON�ARY�CO. J 2 P`K SDR-26 PO MI, Ssae I/A' Per F. a J z i YXz" MoM1r F } �1/2 Pipe Wametr MM. See Not. I a Water SeMu a EL 1'x1' CwParaUan Cork 1' Type 'K' OaDPw V SaMtwY Seer V poNlY Maln I//nt a Camaete Bari Support �L SANITARY SEWER SERVICE CONNECTION DETAIL JJ Srrkm to b Ueed M CmyYtkn MU Plmtk Pipe Se.r YaM tar oeDNe of meter 11aYI Fa-. d Cover MN Lea T,vn IB Feel NOTES W 1. 00 NOT PLUG EM OF CI RB STOP. 7 TIE UCOPPIM M OF flV� ARE SE6MCE U"C NOBETMDt M N LANE L NOTE: t WNd 0 UOMIa Man GaMMed) AND CURB BOX SHALL BE ONE CMTNUOUS PIECE 1. 2 phm Sanlla , Sewn S le not A0.w,Ma,ied by o Watt SrNoe lo SPLICES WILL NOT BE PERWTTED. Y UM Same TranN, metal 0 6' H. tletd F. Poet NeA to T z 2 t. CpfPgtATN]N COCK TO BE 1'xl' INSIDE DIAMETER Sd Marhr and Pahl Too E of Pant Fio t Wttn. S. SADDLE REOUNED ON 6' W OR SMALLER MAIN. }, u( �t Rer.ked m P to PraPr Y N Dielmoe M1prrl Moo m Ilaum 6. MR'MIEN fECUNED 91A11. E FORD STYIE f]OZ OGIBLE STMP. !F T. STAMF55 STER SApgES KW,, N OR ALL PVC WAIFAYNN. ~10/8/07 A. NI ppe wool a Ew,owo am pazdr b. 31M a aakm Ntw ap6reavta (JI eSN). CITY OF CITY OF TYPICAL TYPICAL SANITARY WATER 07-115 c$SEWER SERVICE SERVICE Aswma-veWw one 2-97 ""` "° 2001 ews� I-va aem 2_97 ^A1e "a= 1005 SCANNED o-) -zl,o A 2 r lLv STAFF REPORT PROPOSAL: Request for a Metes and Bounds Subdivision creating two lots from one lot. PLEASANT HILLS 2ND ADDITION METES & BOUNDS SUBDIVISION LOCATION: APPLICANT 6444 Murray Hill Road (Lot 1, Block 1, Pleasant Hills 2°d Addition) Golden Valley Land Company Attn: Matt Pavek 6001 Glenwood Avenue Golden Valley, MN 55422 (763)213-3944 pavek@att.net Gilbert & Jillene Kreidberg 6444 Murray Hill Road Chanhassen, MN 55317 PRESENT ZONING: Single -Family Residential, RSF M!1 2020 LAND USE PLAN: Residential — Low Density (net density range 1.2 — 4.0 units per acre) ACREAGE: 1.15 acres DENSITY: gross: 1.74 units per acre; net: 1.74 units per acre SUMMARY OF REQUEST: The developer is proposing a two -lot subdivision of the property. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the plat. This is a quasi judicial decision. SCANNEF' Location Map Pleasant Hills 2nd Addition Metes & Bounds Subdivision 6444 Murray Hill Road City of Chanhassen Planning Case 07-26 SCANNED Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 2 of 9 PROPOSAU/SUMMARY The applicant is requesting a two -lot subdivision of the property creating one new building site. The site is immediately to the south of the City water tower and is located within a neighborhood of single-family homes. Sewer and water are available in Murray Hill Road. The site is heavily wooded with approximately 72 percent canopy coverage. As part of the development review, the applicant has prepared a worst case scenario for tree removal. However, as part of the actual construction of the site, custom grading will be performed to attempt to preserve additional trees. Development restrictions, in excess of normal zoning requirements, are usually recorded with the development contract for a project, which is a contractual agreement between a developer or land owner and the City. However, since there were no public improvements required of the project, there is no development contract. Staffhad the City Attorney's office check the title records for the property to determine if covenants or other restrictions were recorded against the property, limiting the ability to subdivide. They could not find any such documents. One of the conditions of the 1990 subdivision approval, restricting the further subdivision and construction of a new residence on the property, does not bind this City Council. Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 3 of 9 The proposed development complies with the subdivision and zoning requirements and is consistent with the comprehensive plan. Staff is recommending approval of the project subject to the recommended conditions of approval. APPLICABLE REGUATIONS Chapter 18, Subdivisions Chapter 20, Article XII, RSF Single -Family Residential District BACKGROUND On February 12, 1990, the Chanhassen City Council approved the final plat for Pleasant Hills Zd Addition, creating one lot and an outlot for the City water tower, Planning File #89-23 Subdivision, subject to the following conditions: 1. Lot 2 shall be shown as Outlot A on the final plat. 2. The north 20 feet of Outlot A is designated as a trail easement. A separate document describing this easement shall be submitted to the City. 3. The property cannot be further subdivided or any new residences built on the site. In 1987, the City began meeting with the Murray Hill neighbors with the intention of subdividing Lot 31, Murray Hill, and selling a portion of the lot, which was unnecessary for the water tower functions. The neighborhood was opposed to the creation of the new lot since the parcel was heavily wooded and they felt that it should be preserved in its natural state. Additionally, the neighbors were opposed to an additional single-family home on the site. After discussion with the neighborhood residents, the neighbor directly adjacent to the property, Mr. Kreidberg, agreed to purchase the property from the City and attach it to his lot. In 1988, the City was investigating the potential for accessing the water tower site from Murray Hill Road. Prior to that, the water tower was accessed from the west across the Minnetonka Middle School property. The neighborhood was opposed to the access for the water tower from Murray Hill Road due to concerns regarding increased truck traffic in the neighborhood and the removal of trees to provide the access. On August 8, 1983, the Chanhassen City Council approved the plat of Pleasant Hill creating six lots. Murray Hill Road was extended south from Melody Hill in conjunction with the development of the subdivision. In 1972, the 200,000 gallon elevated water tower was constructed on the south 110 feet of Lot 31, Murray Hill. The parcel, which was 110 feet wide, extended from the middle school site to Murray Hill Road. Access to the water tower was from the west through the Minnetonka Middle School property. However, the City intended to provide access from the east when Murray Hill Road was extended south from Melody Hill. Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 4 of 9 In August 1884, the property owners platted the Murray Hill subdivision. SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision dividing the property into two parcels. Metes and bounds subdivisions are possible when creating only two lots and when both lots meet the minimum requirements of the zoning ordinance and both lots abut a public or private street. The proposed lot split creates parcels of 19,212 square feet (0.44 acre) and 30,859 square feet (0.71 acre). No public improvements are required as part of the development. Sewer and water stubs will be installed in conjunction with the subdivision, but the site will be custom graded with the construction of the home on Parcel A. The existing house on Parcel B will remain. GRADING, DRAINAGE AND EROSION CONTROL ----------------f -- _.. i PARCEL A------------ •ff. PARCEL B The plans submitted include a grading plan which proposes grading on Parcel A to accommodate the construction of a rambler/lookout home. Site grading will occur with the building permit in order to maximize tree preservation. If the homebuilder wishes to vary from the grading plan submitted with the subdivision request, a new grading plan must be prepared for staff review and approval. An erosion control escrow will be collected with the building permit. EROSION AND SEDIMENT CONTROL The total land disturbance associated with the proposed project does not meet the minimum threshold for "small construction activity". Therefore, no NPDES Phase II permit to discharge stormwater associated with construction activities is required. Prior to custom grading the lot and constructing the residence, the erosion control plan will need to be revised to reflect the custom grading and submitted to the City for review and approval. The future homeowner is strongly encouraged to place the structure and align the driveway to maximize the amount of tree cover left in situ to maximize rainfall abstraction and minimize the amount of exposed soils. The construction plans should incorporate Chanhassen's standard details for erosion and sediment control, including 5302D which was supplied to Matt Pavek. Proposed erosion and sediment controls for individual lots should include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. Per the meeting with Terra Engineering on October 19, 2007 the assumptions employed in hydrologic model are to be updated to reflect that the subject property is predominately wooded in fair condition. Based upon this cover class and the C soils, the weighted curve number for the existing conditions should be 77 and the weighted curve number for the proposed conditions Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 5 of 9 should be 81. Any future modeling should reflect the existing and proposed land cover types. Additionally, the model will be updated to reflect the two drainage areas on the site. SURFACE WATER MANAGEMENT PLAN (SWMP) FEES Because the existing conditions on Parcel A will be unchanged, the SWMP fees will be assessed only upon the newly created parcel. This parcel is 19,212 square feet or 0.441 acres in size. Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,900/acre. Therefore, the water quality fees associated with this project are $837.99. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single-family residential developments have a connection charge of $3,100 per developable acre. This results in a water quantity fee of $1,367.10 for the proposed development. SWMP Credits As a result of overflow from the water tower and the absence of any rate control for surface water runoff, there are flooding issues already associated with the property. The applicant has been directed to look for a creative manner to offer rate control on the site. The applicant is working with City staff to find a potential solution. SWMP credits could be offered based upon the proposed solution. This would have the net effect of reducing the Water Quality and Water Quantity fees. WETLANDS A review of available data including the Chanhassen SWMP, NWI, and aerial photography does not indicate the presence of any wetlands on or immediately adjacent to the subject property. Further, the topography of the area and the moderately well -drained soils is such that the area would not typically support wetland characteristics. Based upon my review, I have concluded that no wetlands exist on or adjacent to the property. LAKES The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters and therefore is not within a shoreland district. Pleasant Hills 2°d Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 6 of 9 OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. UTILITIES Sewer and water services to Parcel A will extend from the existing lateral watermain and sanitary sewer; Parcel B is currently serviced by these utilities. These utilities were installed in Murray Hill Road with the Pleasant Hill subdivision; therefore, the lateral watermain and lateral sanitary sewer charges do not apply. The developer is responsible for the installation of the sanitary sewer and water service to Parcel A. The engineer's estimate to complete this work is $10,000; therefore, the developer must provide this amount in an escrow. Upon satisfactory installation of the services and restoration of the street, staff will release half of the escrow. If restoration of the utility trench remains in good condition following one freeze -thaw cycle, the remaining half of the escrow may be released. The new lot must be provided with separate sewer and water services. STREETS Access to Parcels A and B will be from Murray Hill Road; therefore, public street improvements are not required with this subdivision. LANDSCAPING AND TREE PRESERVATION Approximate tree canopy coverage and preservation calculations for the Pleasant Hills 2"d Addition subdivision as shown using a private drive are as follows: Total upland area 50,094 SF Total canopy area (excluding wetlands) 36,155 SF Baseline canopy coverage 72% Minimum canopy coverage allowed 46% or 23,043 SF Proposed tree preservation 53% or 26,550 SF The developer meets the minimum canopy coverage allowed and no reforestation plantings are required. No bufferyard plantings are required along the adjoining properties since they are of equal zoning. Pleasant Hills 2' Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 7 of 9 PARKS AND RECREATION Parks This property is located within 150 feet of the Minnetonka Middle School West campus. The school is situated on 30 acres and offers tennis, a running track, ball fields and open space. Nc additional park or open space acquisition is being recommended as a condition of approval for this subdivision. Trails Murray Hill Road is a cul-de-sac road with no off-street pedestrian improvements. Pedestrian access from Murray Hill Road to the school property is provided via a gravel and asphalt driveway leading to the municipal water tower and extending through a school boundary fence. No additional trail improvements are being recommended as a condition of approval for this subdivision. A Park and trail dedication fee of $5,800.00 shall be collected on the newly created lot at the time of subdivision approval in lieu of land dedication or trail development. MISCELLANEOUS Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. COMPLIANCE TABLE Area (square feet) Frontage (feet) Depth (feet) Notes Site Coverage Percent Code 15,000 90 125 0.34 acres 25 Parcel A 19,212 100 210 0.44 acres 23.4 Parcel B 30,859 218 290 0.71 acres 21.5 Total 50,071 1.15 acres The proposed development must comply with the RSF district setbacks of 30 feet front and rear and 10 feet side. RECOMMENDATION Staff recommends that the City Council adopt the following motion and adoption of the attached findings of fact and recommendation: "The Chanhassen City Council approves the metes and bounds subdivision of Lot 1, Block 1, Pleasant Hills 2°d Addition, creating two lots, plans prepared by Terra Engineering, Inc. and Demars-Gabriel Land Surveyors, hie., dated 10/12/07, subject to the following conditions: Pleasant Hills 2'd Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 8 of 9 1. Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. 2. The new lot must be provided with separate sewer and water services. 3. The plans shall be revised to incorporate Chanhassen's standard details for erosion and sediment control 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. 4. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 5. Hydraulic and hydrologic model should be updated to reflect current and proposed wooded land cover and to reflect both drainage areas associated with the subject property. 6. The SWMP fee is $2,205.09 payable prior to recording the metes and bounds subdivision. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 8. Tree preservation fencing shall be installed at the edge of grading limits prior to any construction. Fencing shall be maintained until construction is completed. 9. Any preserved trees removed in conjunction with site development will be replaced at a rate of 2:1 diameter inches. 10. Park and trail dedication fee of $5,800.00 shall be collected on the newly created lot at the time of subdivision approval in lieu of land dedication or trail development. 11. If the homebuilder wishes to vary from the grading plan submitted with the subdivision request, a new grading plan must be prepared for staff review and approval. 12. An erosion control escrow will be collected with the building permit. 13. The developer is responsible for the installation of the sanitary sewer and water service to Parcel A. 14. The developer must provide a $10,000 escrow for the installation of the sewer and water service to Parcel A. Upon satisfactory installation of the services and restoration of the street, staff will release half of the escrow. If restoration of the utility trench remains in good condition following one freeze -thaw cycle, the remaining half of the escrow may be released. Pleasant Hills 2nd Addition Metes & Bounds Subdivision Planning Case 07-26 November 13, 2007 Page 9 of 9 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Resolution Approving Metes and Bounds Subdivision. 3. Development Review Application. 4. Reduced Copy of Proposed Lot Division. 5. Reduced Copy of Site Plan, Utility Plan. 6. Reduced Copy of Existing Conditions Plan. 7. Reduced Copy of Grading, Drainage, Erosion Control Tree Preservation Plan. 8. Plat of Pleasant Hill 2nd Addition. 9. City Council Minutes of February 12, 1990. 10. City Council Minutes of January 22, 1990. 11. Planning Commission Minutes of January 3, 1990. 12. City Council Minutes of September 25, 1989. 13. Letter from Gilbert H. Kreidberg to Gary Warren Dated May 9, 1989. 14. Public Hearing Notice and Mailing List. g:\plan\2007 planning cases\07-26 pleasant hills 2nd addition metes & bounds subdivision\su ff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECONIbIENDATION IN RE: Application of Golden Valley Land Company and Gilbert & Jillene Kreidberg for Subdivision approval. On November 13, 2007, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Golden Valley Land Company and Gilbert & Jillene Kreidberg for plat approval of the property into two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential, RSF. 2. The property is guided in the Land Use Plan for Residential — Low Density. 3. The legal description of the property is: Lot 1, Block 1, Pleasant Hills 2°d Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and complies with all the requirements of the RSF zoning district; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan, specifically with the Residential — Low Density guidelines; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter, e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record and will provide for additional easements; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off -site public improvements or support systems. 5. The City Council report #07-26 dated November 13, 2007, prepared by Robert Generous and Alyson Fauske is incorporated herein. RECOMMENDATION The Chanhassen City Council approves the Metes and Bounds Subdivision creating two lots from Lot 1, Block 1, Pleasant Hills 2"d Addition. ADOPTED by the Chanhassen City Council this 13`h day of November, 2007. CHANHASSEN CITY COUNCIL Mayor 2 DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVSION CREATING TWO PARCELS WHEREAS, Golden Valley Land Company and Gilbert & Jillene Kreidberg have requested a subdivision of their property into two parcels of 19,212 and 30,859 square feet; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code including the Subdivision Ordinance and Single -Family Residential District Regulations; and WHEREAS, the proposed subdivision is consistent with the Chanhassen Comprehensive Plan; and WHEREAS, the Chanhassen City Council held a public hearing on November 13, 2007 to review the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the metes and bounds subdivision creating two parcels (Planning Case #07-26) for the Golden Valley Land Company and Gilbert & Jillene Kreidberg property legally described as Lot 1, Block 1, Pleasant Hills 2"d Addition, Carver County, Minnesota. The approval of the subdivision is subject to the following conditions: 1. Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. 2. The new lot must be provided with separate sewer and water services. 3. The plans shall be revised to incorporate Chanhassen's standard details for erosion and sediment control 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. 4. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 5. Hydraulic and hydrologic model should be updated to reflect current and proposed wooded land cover and to reflect both drainage areas associated with the subject property. 6. The SWMP fee is $2,205.09 payable prior to recording the metes and bounds subdivision. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 8. Tree preservation fencing shall be installed at the edge of grading limits prior to any construction. Fencing shall be maintained until construction is completed. 9. Any preserved trees removed in conjunction with site development will be replaced at a rate of 2:1 diameter inches. 10. Park and trail dedication fee of $5,800.00 shall be collected on the newly created lot at the time of subdivision approval in lieu of land dedication or trail development. 11. If the homebuilder wishes to vary from the grading plan submitted with the subdivision request, a new grading plan must be prepared for staff review and approval. 12. An erosion control escrow will be collected with the building permit. 13. The developer is responsible for the installation of the sanitary sewer and water service to Parcel A. 14. The developer must provide a $10,000 escrow for the installation of the sewer and water service to Parcel A. Upon satisfactory installation of the services and restoration of the street, staff will release half of the escrow. If restoration of the utility trench remains in good condition following one freeze -thaw cycle, the remaining half of the escrow may be released. Passed and adopted by the Chanhassen City Council this 1 P day of November, 2007. ATTEST: Todd Gerhardt, City Clerk/Manager Thomas A. Furlong, Mayor YES NO ABSENT 2 Planning Case No. O O� CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 CITY OF CHANHASSEN Chanhassen, MN 55317 — (952) 227-1100 RECEIVED DEVELOPMENT REVIEW APPLICATION OCT 12 2007 PLEASE PRINT CHANHASSEN PLANNING DEPT AD lica t Name+and Address: Owner Name and Address: I Uq a (orM GCr(6 r+,14�SiIItNe Kre�c��cr ODI h4ieroi �ggiy M�^rwy Rill !M U4lle �yZ2 61.14"(asrcro u 55331 Contact: M'4^I Avok Contact: Phone:76�-2f3-3 Fax: 763-5)Z-0717 Phone: Fax: Email: _0avck @_ of+. t4e�- Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment '— Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost' Site Plan Review (SPR)* S'Z6 - $50 CUP/SPRNACNAR/WAP/Metes & Bounds $450 Minor SUB Go,.,lderxVd.�le� uLrc1 Subdivision* � �s�� TOTAL FEE$ 9Z6 OJe-"Sru,"A An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED "OCT. S. 20073 4:20M541e9EJ[NA REALTY CHAN 4AS SEN'IU3ERT wREIDSEx" NO. ?927 'P. t? ""a' PROJECT NAME: „(�� y / I a rra /J.11 n �9, LOCATION: rra nn 9.It 9d, / LEGAL DESCRIPTION: �� I,�v c � P {pJ«� h/ ��s 2 � 7, 17 o TOTAL ACREAGE: 11 7 WETLANDS PRSMT: YES K NO PRESENTZONING: 2 S F REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: RFIISON FOR REQUEST: This application must tw conpietad In full and be Typewritten or dearry Printed am must be acoompanled by ad InfewftWen and ptans required by appioable City OrdMenoe prov"ne. Before tiling ihh appl,coon, you should coMcx wtdr the Planning Department to determkre the abealc oniswarrte and procedural requkemerts ap*able to y7'.r appiicadoh. A detaeninathon ci completenew of the SWIcetloh Shall be made whnln 15 WPnesa days of epp iwi n sUbmtdl. A wrrtten notice an epplcaVon defdwrlee shall ba malad to the appl(cant within 15 Welnesw days of apptloakon. This fa to eemy that I am meting appflcmlon for the dewAbad ad" W the City end that I am rerponsMe for oomp'y1N %W all City requirements wM regard to this request This aFplrannn should be pteoeesed In my name and 1 am the part' wtrom trte My should aonW Wirdng any natter pertaining to this applfeaflert, I nave attractwd a Copy of Nowt of ownership (fir topy of Owners Duphate Ccrdficate ofTP1e, Abstract of T%e or purateae agmetnent), or i am `he authaized peracn to MaW This applcadoh and the fee owner has Use signedthis applc0w. I will keep rr+ysed informed of the deadlines for aubmleew of matenul and the Progreso of thla sppnCatbn. I further uICOPAMCI that 00110nel fees may be charged for wrsuring fear, 'e Whlty etudes, efa wfS an eadmate Pry to any alltWIntion to prooeed wth the stUdy, Tha doWMSMa and Womratlon I have submittmd are true and =rect to The hest of my fdrvwled9e.,r...� 10 07 We ►0I9iol Data •V35 SCANNED — — — — — — 'rr'• If — — — s egroe-� MOO dj 4rr_—_.— —_.—r- o% II � 38 ;I Parcel A SF' g g� O tl -2 n LOT B W5e'e7" W —PROPOSED�:'-k-. OhEpN LOVE I \ fak Parcel B 30.861 SF 0 re •iPI \ \•�. /fie Aft \ Ad \ Is2BYl e\ v DEMARS-GABRIEL LAND SURVEYORS, INC. JODO Haroa Lane ft. PDmouth. MN 55447 Phan.:(7eJ) 559-OM Fox :(763) 559-04n f hereby c.diy that this eurvey. Pkm or rep.H was prepared or me or under my direct sup.rdsion and that 1 am a duy Registered Land Surveyo�unceer the �Lvee%� of the State of Minnesota. .[�Ai/f►.. &__ Devld r. Croak Cm RECEANEDSSEN OCT 12 2007 CKWIAMN PLANNING DEPT µr�na:f• l'.vmi el la: 1. a... Proposed Proper!, Descriptions PARCEL A AThat port of Lot 1, Bbck 1, PLEASANT HILL 2ND ADDITION ying norther, �1 of a line Omen from a point on the Post line of said lot 00.00 feet �I south of the northeast comer a. said lot, as measured along the cost Q line thereof to a point west k'ne of said lot 83.00 feet south of the 0'. northwest comer thereof. PARCEL 8 All that part of Lot 1, Black 1, PLEASANT HILL 2ND ADDITON rybg eWtherly of a fine drawh from a point on the east line at $ald lot i00—, feet south of the northeast caner of said lot, os madlit"a along the cost Iins thereof to a paint west pne of said lot 83.00 feet soutn Of the northwest comer thereof. Proposed Easement Desodptions PARCEL A O� e f tlrof the and wing easement over, under and across he south 6.00 feet o/ the following described property: That part Of Lot 1, Bbck 1, PLEASANT HILL 2ND ADDITION ying northerly of a line drawn fmm a point on the east line of said lot 00.00 feet sWth of the northeast comer of said bf, as measured a:Omg the east line thereof to a point west line of said lot 8Z 00 foot s0u:h Of the northwest comer thereof. PARCEL B A drainage and u001 easement over, unaer and across the north 6.00 feet of the following described property: All that par! of Lot 1, Block 1, PLEASANT HILL 2ND ADDITON lying sautheNy of o line drawn from a point on the east line of said lot 100. 00 fast south of the northeast comer of said lot, as measured along the dotal line thereof to a paint meet fine of Said lot 8J.00 feet south Of the northwest comer thereof. PROPOSED LOT DIVISION so No CERTIFICATE OF SURVEY FOR: 3495 B Book -Page GOLDEN VALLEY LAND COMPANY OF $CO1e Lot 1, Block 1, PLEASANT HILL 2ND ADDITION ..40' SCANNED -cc UU OCE U /[c p "^' "� V10S3NNI%'N3SSVHNVFp n zzrss •w•.vxw +ym.awx $ i i •aa •nIH xvaanw r►r9 .,... O N �1iW 4:p x NVIa unun 'NVIa 311s ^-^ < � "'aro z y s as woe„e;,w„u j s p, % 'tiz. 5 I I I I I I I I I Ia Ib I I i a 0 iE.o� at � o�N v� o�N �g! o Fakur`o w 13 n1� i11 I 6 8' M O e• W G 1' IM G]Jt I 10 I WT-I 7. BSlIT�106].g 1i to Q I 1 I I � LLJ I U � 1 f1 I NI I, I Ali ssa .oc -------J b be F ,egg pe egg g"eg p'rp g'rg y"ey ye y"eqg"eg geg tl XtlXM8%%kX I � o aIIP T x� j--T:N I / Pa @jjn" / as is 'x / 0 z yy Q ioo �f � jjF WS> rvCly�I /� yy a >_ pg / o y// 4 `fig g\ T •pg]pnnww \' Ir \ It .I it il� cc Pa ll!H �DO��N 1 I I 1 1 i m I I J j l of W. II � Q R II I L/ J �. •9r 1,64 9 \ xmp 1 1Yv m i a � I ~\ \ Wrc? bly Sno & 2 Cb W 2 a zuozzsn1 -e use ses sez �•�-..-• zssss.n.w•w'nwe..win N: "^' °' " VIMNNIW 'N3SSVHNVHO T71H aVaanry 4ri9 o n OVOM I 1 amel NVId SNOI110NOO ONLLSIX3� V� o I I I 0 a, o I W m W m I OM h, oJ�o I N W W N ti \ I 3 I I U I I o J I J o� m w� I I MV0 .zl Pa rt!H fo»npV b8 g L asn "1 91 x3 l 6 !t3 I } .0006- 4 .I. Y /6F N a � WUO uzo ns ml-•e sutzts caz.-e.�-.— ^'e ""�'° V1053NNIW 'N355VHNVFiD o zzrss.w.»ww.irot..win yIUM'" OtlOtl TIH Atl21af1W tY49 ,a.ur waN'P".ue9100i t Im l0NLN00 NOIS083 "" + —_ 9ii "_"-y%: _�_" �••� '30VNItl210 'ONIOO �� 1 T 4 T m m 'off a� wm wsm - 7 0 m w m le wp ' J W W T I� I 3 >r z I �- _ \E FFK arQ0Wl Z0 III w 3aa0J <Z0 .i. Q3wwoWJ2JZ E_JLLWQ M. n P21 IIIH .foxinpv g44 9 asnoH,97 3 x T m / m w J 11 Fy n,H 4 O0 asno u ` m 1 y W /1� T� Y wV0 ay /CH 40,1 W y 3y, asho,9 Z9 3 PLEASANT HILL 2ND ADDITION THE NORTH LINE OF LOT 1. BLOCK 1. PLEASANT HILL HAS AN ASSUMED BEARING OF N.89459'27"E_ ^DENOTES 1/2-INCH X 14-INCH SET IRON PIPE MARKED BY LICENSE NO. 17253. SCALE IN FEET: DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 0 40 DO 120 160 200 I �6.D0 � 600+I BEING 600 FEET IN WIDTH AND ADJOINING LOT LINES. UNLESS OTHERWISE INDICATED ON THE MAP AND BEING 12.00 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINE, AS SHOWN ON THE MAP, 50 �W,fh Ine of the Seuth IID fL of L41 31, MLRRAY HILL _ f`- I-NAl59'TTE. a ------0ralmye and Ulaity Eaaemmt-' III w _ r----. so.00 ---7 . I9 m CHANHASSEN CITY COUN REGULAR MEETING FEBRUARY 12, 1990 Mayor Clydel called the P,eeting to order at 7:40 p.m.. The meeting was opened with the Pledge to the Flag. CDUNCILMEMBERS PRESENT: Mayor OTriiel, Councilman Bovt, Councilman Wuxkran, Counncilwaman Dimler and Councilman Johnson STAFF PRESENT: Don Ashworth, Gary Warren, Paul Krauss, Jo Ann Olsen, Lori Sietsera, Todd Gerhardt, Dave Hempel, Jim Chaffee and Elliott Rnetsch, City Attornev APPROVAL OF AGENDA: Councilman Workman moved, Councilman Johnson seconded to approve the agenda amended as follows: Mayor C rdel wanted to discuss Chanhassen's Anti -Drug Task Force proposal; Councilman Workman wanted to discuss the HRA, Heritage Park Apartments and West 78th Street; and Councilman Boyt wanted to set up a tine for Public Safety Commission candidate interviews. All voted in favor of the agenda as amended and the motion carried. RECYCLING PRIZE DRAWING: Mayor Chmiel drew a name for the Recycling Prize of $200.00. CONSENT AGENDA: Councilwcran Dirder moved, Councilman Johnson seconded to approve the following consent agenda items pursuant to the City Manager's recamendat -ions: c. Resolution #90-12: Approve Resolution Arending the Joint Powers Agreement and BY -Laws, Southwest Metro Transit Comr,ission. d. Prelim,inaxv and Final Plat Approval, Crossroads Plaza, Northeast corner of West 79th Street and Market Boulevard, Crossroads National Bank. e. Accept Donations to Park and Recreation Carr,ission Department from the Chaska Lion's and Chanhassen Jaycees. f. Resolution #90-13: Approve Resolution ProclairAng the Abek of March 8, 1990 as Volunteers of Prerica week. g. Resolution #90-14: Set 1990 Licplor License fees. i. Final Plat Approval for Pleasant Hills 2nd Addition, Kreidberg/City. k. Resolution #90-15: Authorize Preparation of Updated Feasibility Study for Park Place Phase II Improverents (Chanhassen Lakes Business Park 5th Addition), Project 85-13B. 1. Accept Engineering Inspection Report for Murray Hill Water Tower and Authorize Preparation of Rehabilitation Plans and Specifications, Improvement Project 89-24. M. Approval of Accounts. 1 n. City Council Minutes dated January 22, 1990 Planning Coma,ission Minutes dated January 17, 1990 1 City Council Meeting - January 221 1990 Councilman Hoyt moved, Councilman Workman seconded to approve the second reading of the Zoning Ordinance Amendment pertaining to convenience stores and uses having gas pumps and amend it to make it effective only on uses approved after the date of adoption. All voted in favor and the motion carried. PRELIMINARY PEAT TO REPEAT A PORTION OF LOT 31, MURRAY HILL AND Ulf 1, BLOCK 1, PLEASANT HILL, LOCATED ON MURRAY HILL ROAD JUST SOUTH OF MELODY HILL ROAD, CITY OF CHAIMSSEN. Paul Krauss: The City is proposing to divide a lot containing a city water tower and sell a portion of it to Mr. Kreidberg. Mr. Kreidberg owns the parcel located to the south. The purchaser intends to add the area to his lot but has indicated that it would not contain any new housing nor would it be further subdivided in the future. The City would retain ownership of the water tower property itself and also over a trail easement that would run from, Murray Hill Road to Minnetonka Junior High located to the west. The Planning Commission reviewed the item, on January 3rd and recawended it's approval. Based on the foregoing, staff recommends approval without variances subject to the conditions in the staff report. Mawr Chmiel: okay, thank you. Anyone wishing to address this specific item one more time? If hearing none, we'll bring that right back to the Council. Councilman Johnson moved, Councilman Boyt seconded to approve Subdivision Request #89-23 as shown on the plat dated December 29, 1989 and subject to the following conditions: 1. Lot 2 be shown as Outlot A on the final plat. 2. The north 20 feet of Outlot A is dedicated as a trail easement. 3. The property cannot be further subdivided or any new residences be built on the site. All voted in favor and the motion carried. DISCUSSION OF MOON VALLEY RIFLE RANGE, 100 FLYING CLOUD DRIVE. Paul Krauss: Last December, after hearing concerns raised by area residents, the City Council directed staff to report back on the Moon Valley gravel quarry. The report was to contain background information and options for enhancing the Citv's control over the operation. Staff has worked with the City Attorney to m prepare this report. The first iteconcerns the rimred expansion of the operation by the acquisition of additional lard. We reviewed property tax records and can find no recent acquisitions, at least not at the County. We further note that the current site is separated from. the homes on I believe it's Erie Drive by an intervening parcel owned by a party named Teich. At that point too we should say that we believe the City is in a position to prevent additional acquisitions pertaining to this site. That the non -conforming grandfatbering portion of this item pertains only to the property that was owned 27 Planning Comaaission Meeting January 3, 1990 - Page 20 Conrad: Jim, your reasons for your negative vote? Wildermuth: I don't like the existence of Outlot A and I'd like to give the adjacent property owners as well as the adjacent property owners to Outlot A as well as the applicant for the subdiv}sion an opportunity to either work out some kind of a land swap or some kind of an arrangement. Conrad: I basically agree with Jim's comar,ents because I think it's a real strange parcel but I'd also, even if it does exist in the end, I'd prefer to have the wording on it's use to be as restrictive as possible and I didn't notice that the motion for item 7 really provided that restriction and maintained the character of that particular outlot. This will go ahead though to City Council. Would be up there what? Did we say the 22nd of January? We left the record open for comanents so the neighbors can make their comments and get them in for City Council review. I thank you all for coming in. Thanks very much. PUBLIC HEARING: PRELIMINARY PLAT TO REPLAT A PORTION OF LOT 31, MURRAY HILL AND LOT 1, BLOCK 1, PLEASANT HILL ON PROPERTY ZONED RSF AND LOCATED ON MURRY HILL ROAD, JUST SOUTH OF MELODY HILL ROAD, CITY OF CHANHASSEN. Public Present: Name Address Gilbert Kriedberg 6444 Murray Hill Road Sharntin Al-Jaff presented the staff report. Chairman Conrad called the public hearing to order. Gilbert Kreidberg: I am Block 1, Lot 1. I'm the one with a vested interest. In fact ... that trail access to the tower. Part of that process is the acquisition of that portion of ... and make sure that the activity is staying per agreement... I think it's probably pretty straight forward... so unless you have any questions. I guess the engineers don't come to these meetings. Conrad: They do occasionally but not usually. Okay, any other public comar,ents? Erhart moved, Emanings seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Conrad: Joan at your end. Any comagents? Ahrens: I have no comar,ents about this. Wildermuth: Where is the fence going to go? There's some elusion to a fence here with a gate. Planning Commission Meeting January 3, 1990 - Page 21 Gilbert Kreidberg: Yes, that will go across the roadway there or the pathway going back to the tower. What it will do, it will provide pedestrian access but preclude vehicle access with a locked gate to it... we had problems with snowmobiles running through there at speeds well in excess ... kids playing out there and going back and forth to the school. It's designed as a safety factor and part of the neighborhood... Wildermuth: So the City is going to construct the fence? Gilbert Kreidberg: ...and that is part of all of this thing. Wildermuth: And the area is so wooded that they can't get around the fence readily? Is that the idea? Gilbert Kreidberg: Yes. They would on, at that point they would be going on private property and both of them will be fenced off so that will be the access... The City I guess wanted to service the tower from the easterly side even though they've been servicing it for 15-16 years from the westerly side... Wildermuth: Sounds good to me. I'm impressed that somebody's willing to pay that kind of money for that. ;ilbert Kreidberg: You're telling me... Batzli: Two questions. one was, if I understand it, you're going to build a fence along the easement? Gilbert Kreidberg: Yes. That is correct. Batzli: Is that in the purchase agreement as well? Gilbert Kreidberg: The City has requested that I build a fence on what would be the northern border of the easement over ... fence it up 10 feet and the yard directly behind my house is all wooded... The City property, while it is wooded, it's not particularly heavily wooded in the area that I'm going to be acquiring. It's pretty much open with some trees along... and mostly between the property line... Batzli: Is there any reason Paul or anyone else to put a requirement regarding cutting down of trees or anything else in this parcel? Krauss: Mr. Batzli, I'm really not certain as to whether we need anything. We didn't give it any consideration. This has been in discussion with so much activity between the property owner and the City Council that we basically just process the subdivision at this point. There was no intent to build on the property. There may be some use, recreational use of the property at some point in the future, some facility like that. If you'd feel more comfortable with some sort of a tree preservation element. Batzli: Well it's just interesting because there's a no building clause on it already so they can't ever build on it so what would you ever use it for Planning CoIIaiission Meeting January 3, 1990 - Page 22 except as a backvard? Gilbert Kreidberg: Maybe I could put a pool in. Wildermuth: Right. I wouldn't want to preclude him putting a swimming Pool back in. Gilbert Kreidberg: Yeah, that's really what it is. The big trees, the last thing I want to do is take them down unless they die. There's a lot of little trees. The City has let this thing go for 16 or 17 years. I mean it's a mess. There's all kinds of dead foliage on it. There's junk all over. If I hadn't done this, they sure would have had to clean it up. There's a whole lot of little trees planted in bunches that had no sense to Protect the trees... The one thing I might do is clean that up so everything survives because that's all there is. The real big trees are along the part for which the easement would involved... Batzli: Would you object to having the City review if you were to make a plan of what you were going to do with cleaning it up? Gilbert Kreidberg: I think it makes it kind of cumbersome on me because what I'm going to do to clean up, pick up all the junk that's there and the dead trees and weed out some of the garbage that's there. I would never cut a trees that's probably more than 2 inch spread but you know some Places you have to clean up because, I mean you don't have a picture of it: but along the northerly portion there's parts where there's like maybe 40 trees with 20 feet of width and 10 feet of length. I mean thev're just all bunched together. In order for those to survive, some of those have to be cleaned up. Batzli: No, I'm familiar with the area. I know what it looks like and I imagine that you're going to be going in there and cutting down some trees is my only point. Gilbert Kreidberg: Oh, just little stuff. I'm not going to take anything down that stands taller than I am except for where they're so bunched together. Batzli: Well I don't know. I'll see if anybody else jumps on the band wagon. Ellson: I thought this was a happy ending. I think it's nice to see that we got what we wanted as the City out of it and usually we get neighborhoods that say don't do anything there vet they don't want to go and get the property to do anything else with it and I'm really pleased to see this guy's taking it upon himself to make it a better looking place. Gilbert Kreidberg: I think it will be a lot nicer when I'm done. Ellson: And I agree. I think it would too after I looked at it. I was iconfused on what you wanted number 3 to be. Planning Commission Meeting January 3, 1990 - Page 23 Al-Jaff: That there would be no further subdivision in the future and no new residences would be built. Ellson: Okay. I got the subdivision part but I wasn't sure about, okay. I don't have anything else. Erimings: I think it's, like Annette says, it's just a good thing for everybody. As far as Brian's concerned about the trees, I like Tim, am not happy about imposing much on individual landowners on a deal like this. I'm more concerned when we have a developer coming in on a larger area to worry about protecting the trees. I think what's appropriate to do it in the last one because the land that you were doing it on was closer to the lake but I think of myself on my lot. If I want to cut down a tree, I don't want to go to the City to tell them I want to cut down a tree. I've got 15 or 20 oaks that are 190 feet tall and I don't want to cut them down but by God if I do want to cut them down, I'm going to cut them down and I don't want any crap from the City about it. Ellson: We're trying to preserve our nature and natural beauty. Batzli: This might be a little bit different because the owner of the lot is going to go on there with the intention of cleaning it up and cutting things down. 5mmings: I worry about people like the developers back here who came in and showed us a nice plan and said how much he liked trees and then went through with a bulldozer and just took everything down. That's the part that scares me but anyhow, I think that should be left up to his discretion but I have a more important reservation about this. You have a son that plays soccer. Gilbert Rreidberg: I certainly do. Emmings: His name is Nathan isn't that right? And when his team played my son's team last summer, his team won didn't it? I'm opposed to this. Unless I can have some guarantees about next summer. Okay, I'm interested. Erhart: I have nothing additional to add other than I think it looks like a reasonable subdivision and I think Steve pretty much his words reflected my thoughts on tree removal things. Conrad: I have nothing to add. I don't feel the tree issue is an issue that I am concerned with. Is there a motion? Ellson: I'll move the Planning Commission recommend approval of Subdivision Request #89-23 as shown on the plat dated December 29, 1989 and subject to the conditions listed here with one additional one that would not allow further subdivision and no additional residences would be allowed. 3rhart: I'll second it. Planning CORdtission Meeting January 3, 1990 - Page 24 Ellson moved, Erhart seconded that the Planning Cordrission recorrdnend y approval of Subdivision Request #89-23 as shown on the plat dated December 29, 1989 and subject to the following conditions: 1. Lot 2 be shown as Outlot A on the final plat. 2. The north 20 feet of Outlot A is dedicated as a trail easement. 3. The property cannot be further subdivided or any new residences be built on the site. All voted in favor and the motion carried. ZONING ORDINANCE TO AMEND THE CITY CODE WITH REGARD 'TO ESTABLISH THE MAXIMUM LOT SIZE FOR CHURCH DEVELOPMENTS AT 15 ACRES. Paul Krauss presented the staff report on this item. Conrad: So basically you're saving that somebody could come in, subdivide a parcel and basically get around the ordinance that way? Krauss: Yes, that's correct. In fact there was a related question. If you recall we processed a conditional use permit or a site plan for a church in the Frontier building. The City Council didn't have a problem with the church going in there but they were concerned what would happen i,. a church purchased the building and made it tax exempt. Roger basically said there's absolutely nothing you can do about that. Whether or not a church is occupying the property, they could purchase it and put some kind of a function in it and make the whole thing tax exempt. There's virtually nothing a community can do to stop it. The practicality of it is is that it's not going to happen very much because it's expensive property but that's the question that he left us with. Conrad: So what we've got on the books here is an ordinance that can't really, or we've got a proposal of an ordinance that really doesn't achieve what the City Council intended. There's a way to get around it. Would it accomplish anything? The way I read it right now, it's probably more restrictive in other areas because we went from church to, didn't he draft the ordinance to really say any tax exempt which actually in concept I'm more in favor of than signifying church but I don't know if it harms the City more in terms of restricting something that we may want. Wildermuth: I don't know if it's a problen, of adjacent parcels is such a big issue. Do you think it is? Ellson: I wonder if there'd even be another church that would come in. We all know it's an afterthought kind of thing to what's been happening and it's a way to show the citizens that they're trying to put something in to prevent it ,from happening again. Batzli: It's not a knee jerk reaction is it? City Council Meeting - ptember 25, 1989 Councilman Johnson: Should we also say samething about that City staff will assist in talking? Don Ashworth: I think just as the motion is. Councilman Boyt moved, Councilman Johnson seconded to authorize drawing against the Letter of Credit and Condemnation effective December 1, 1989 for Curry Farms Second Addition if no resolution has occured by November 30, 1989 and Curry Farms will live up to progressing according to a time table established with the City during that period. All voted in favor art] the motion carried. 0. APPROVE PURCHASE AGREEMENT FOR SALE OF PORTION OF MURRAY HILL WATER TOWER SITE TO GILBERT AND JILLENE KREIDBERG. Councilwoman Dimler: I pulled item (o) because there is saneone in the aidience that would like to address that and I wonder should they do it now or go to visitor's presentation? Mawr CiTmiel: We can do it right now. Father now or later. Councilwoman Dimler: okay. Mr. Wayne Fransdal would like to speak to that issue please. Wayne Fransdal: My name is Wayne Fransdal. I live at 6200 Murray ILI Road. First of all I'd like to thank you for moving this from the consent to the discussion agenda. I appreciate the opportunity. 1t primary concern is with the procedure used for the proposed sale. First of all, was there a public' offering or notice of the proposed sale? As far as I know, none of the neighbors north of the property that was proposed for sale were informed or aware that the property was for sale. Was a study completed over the future use of the property and was the property deemed surplus? Has a public entity, what is the procedure for selling public property or public goods? How is the price determined? If the property is sold, what is the adequate size to be retained and what is it's purpose? In the past, many years ago, I attended Council meetings when the school district has asked the City to discontinue use of their easement on the city property for access to the water tower. To use the access from the road. At that time the reason for not using the road was it was a private road. It's now a public road and yet access is still from the school property. The question from the school is, and rightfully so I would think, is why should we provide access when they're going to sell off their own. Why don't they use their own access from a public road? If the land is sold, are there any restrictions or can there be any restrictions on the future use of the land? Could there be a variance for a home for a small lot? Could it be used or restricted for outlots? mould it be restricted at all? As I said, my primary concern is the procedure. I agree with delegating to the lowest possible level. Let adminstrative people do what they need to do but there should be due process so that everyone has an opportunity, so that everyone knows what the City is doing with the people's resources. Mawr Chmiel. Thank you. 15 City Council Meeting - mber 25, 1989 Councilman Johnson: Mr. Mayor? I have to agree with the procedural aspects of this and before I make a motion here I'd like to also say there's covenants in here that no building will ever be built on this. There's also access to be given to the City on an easement so we can service the water tower from that side. So for those two things, we are providing both of those so there will never be able to be a house built on that small property plus the City will no longer need the access from the school area. But procedurally, I'd like to find out if we may have goofed up here because there may be some, we ,may have to do Public offerings and stuff like that for excess an� I'd like to table it until... Mawr Chmiel: Or can we address it now? Gil Kreidberg: Maybe I could add saaething because I'm the buyer. Would you like to hear what I have to say? Mayor Chmiel: Certainly. Gil Kreidberg: Some of you are familiar with this situation. My name is Gil Kreidberg. I reside at 6444 Murray Hill Road. Some of you who were on the Council a year and a half, 2 years ago, we started this process and Roger Knutson, the City Attorney, are familiar with this situation. It's a little more involved than just an outright sale of the property on the part of the City for excess land. A couple years ago the City wanted to build, put a road through to the tower and those people in that area, south of the tower and some to the north. Right at this time I don't know but other people objected, strongly that they had the access and that they could possibly acquire an access, a permanent access from the school district behind their... We were concerned up there of changing the environment. Damage to the trees and taking risk to the kids that play up there and so on and in the last 2 years I've worked along with the pleasant Hills Homeowners Association trying to work out a caaprauise with the City so they could get what they want and we could be satisfied where we are in terms of the net result at the end. I've spent the last year working very closely with Gary Warren, the City Engineer, trying to work out a compromise which we felt we had here. I'm sorry that this gentleman's concerned about the procedure and I understand that issue but essentially what was determined is that, I reside directly to the south of that piece of property which means that what this is going to be is this piece of land is going to become part of my yard. It isn't going to be built in anything. It's not going to be developed. Nothing's going to physically change up there except now it will be a 10 foot wide gravel path with a gate that will prevent snowmobiles and all the other stuff that will go through there if they don't gate it, from going back to the tower but it will be locked and the City will be able to access the tower from the east side. I have agreed in kind to build a fence along that pathway which will eliminate snow drifting and stuff along their new road and it also will protect the cul-de-sac down to the south against the additional activity that will be generated not only by the fact that more people living up there but by the fact that there will now be vehicles entering in there that were not entering in there before. The lot was appraised as though it was a buildable lot. Okay? It is obviously not a buildable lot. I have agreed to Fay a buildable lot price which is more than what the City would otherwise get with the covenants they put on it if they just put it up at auction or whatever. The reason I'm willing to do that is obviously it becanes part of :my yard. Secondly, it's important to me in a sense to protect my 16 City Council Meeting - ptanber 25, 1989 investment and the homeowners around me to make sure that this thing is done right. In a sense what I'm doing is funding the City's ability to put that road in. I don't think that there's even an issue here that the citizens of Chanhassen are not benefitted by what's taking place. I appreciate the possibility that the procedure may have been different but the circumstances that brought this whole thing about go back 2 years and they have to do with a lot more than just me. We've been going through this for 2 years. I would appreciate not tabling it and moving forward unless by chance you have some strong objection knowing the background and circumstances that we do proceed tonight. otherwise I'd just like to go forward because it's taken a lot of time, both mine and the city's and I'm sure... Ion Ashworth: The points brought out are correct. The only thing I might add is that it did involve a lot of people through that whole process and a lot of People coming into the City Council again very concerned with the trees. Very concerned with access to the school. Very concerned with how that property M. ght be used as it could relate again back to the trail requirements and yet still accomplish the City needs for that property. In terms of the procedural question regarding the legality of publishing, etc. that is not there and I think that the law understands issues such as this where the City looks at an issue as to how it's going to best serve the citizens in that area as well as the City itself. Councilman Johnson: Can I hear from Rz>ger on that one Ion? Don Ashworth: Sure. t Roger Knutson: Bidding is not required for the sale of property. Other stuff, yes but not real estate. Councilman Workman: What's the actual size of the lot? Gil Kreidberg: Not even 2/10ths. About .445 of an acre. Buildable lots up there go for, I mean it was appraised at the equivalent of about $32,000.00 on the basis of a contract for deed assuming it's a buildable lot and I volunteered to gay cash if they cut it to $30,000.00... Councilman Hoyt: Why isn't it a buildable lot? Gil Kreidberg: Because you're putting a covenant in there that tells me I can't build a home structure on it. Councilman Hoyt: But otherwise it would be? Gil Kreidberg: Otherwise in theory it could be but you know, when we went through this discussion... you weren't on the Council at the time, the whole idea was we wanted to keep it like it is and the City wanted to get their access but we still had to work on a compromise and I think this is fair because essentially what I'm going to do is get the City to put the road in and that goes on the tax roll which means I'll Fay taxes in the future, not to mention what we're paying now. Councilman Johnson: Is there anyway to combine this lot and your lot to where it becomes one lot of record versus two lots? 17 City Council Meeting - - ,niber 25, 1989 Gil Kreidberg: You know I've asked Cary about that and I guess he wanted to explore that. I don't know. Roger Knutson: You get one PIN number for it, yeah. Councilman Johnson: Because if it's one lot, then you'd have to subdivide. You've have to cane in and request for a subdivision in order to build the second house on it. Gil Kreidberg: I have no problem with if you want to set it up that way. I just want it as a yard and I want it as a buffer against this road and I'm going to... It will be a nice deal when it's all done. Councilwoman Dimler: I have a question Mr. Kreidberg. You say that you want to clean it up. Would you explain that a little bit more? I understand... Gil Kreidberg: ...a couple of the Council members have. The City has let it go downhill in the last 15 years and it's got barbed wire fences. It's got debris. It's really a mess. Councilwoman Dimler: Brush you mean? Gil Kriedberg: Not just brush. I'm talking about the land directly to the north of this piece of property is a farm. It's a little horse farm. It's about 2 1/2 acres and they keep horses out there and up until they actually developed the area where I am, which is about 4 years ago, this guy used to let his horses and everything warder over there. He built, he put up barbed wire fences and an old wood fence and I mean there's all kinds of debris that was thrown there from whatever the sources are and I told the City that I would, at my expense, clean that property up. Councilwau>an Dimler: You're not talking about clearing trees and stuff? Gil Kriedberg: Oh, that is the last thing that I want to do. I mean there's a long letter... Councilwoman Dimler: Alright, thanks. Mayor Ordel: Any further discussion? Councilman wbrkman: So he's basically paying $30,000.00 for less than an half of an acre up there? Don Ashworth: That he can't build on. Councilman Workman: That he can't build on? Mayor Ctmiel: Right. Councilman Abrkman: Might saTebody else be interested in this property? Councilman Johnson: Only if they could build on it. 18 City Council Meeting - "-ptember 25, 1989 Don Ashworth: Tvb could start the process over and advertise. I just find it very difficult to believe who's going to buy it under similar conditions. Gil Kreidberg: Also remember there's a water tower directly behind it. It's a nice monolith but it isn't an art form you would normally... Councilman Workman: Is this kind of for the neighbor's, who voiced concerns, is that bring things a little better into focus maybe as far as the purchase? Mrs. Fransdal: ...no one knew any about this. hb had no idea this was going on. Even the Nbida's directly, they had no opportunity to bid on the property ... I just wonder how the City ... ard what does he mean by a locked gate? Gil Kreidberg: No, no. What the City is going to do, this is for your best interest. The City is going to build a 10 foot wide gravel path that allows then to get their vehicles back to the toner. They will also provide pedestrian access to the middle school and the fields and so on back behind there somewhat to satisfy the trail pattern here in Chanhassen. Mrs. F'ransdal: Will the children be able to get... Gil Kreidberg: Ch absolutely. The reason for the lock is to prevent these bozo's who run these snowmobiles out across there from going across Murray Hill and shooting right down that path where the kids are. The gate will allow pedestrians through. It will be locked. The City will be able to unlock to take their trucks down in there and relock it when they leave so we don't have a road in there that will have traffic, only the one's we're supposed`to have. Mayor Chmiel: It's basically for the access of the City to get to there? Gil Kreidberg: That is correct and for the pedestrians to get back and forth. Mrs. FYansdal: This is our only legal walkway to MIS. Gil Kreidberg: That's right and you're going to still... Mayor Chmiel: Right and that still will be because the City will still own that 10 feet. Gil Kreidberg: 20 feet. Mayor Chmiel: Cx excuse me, 20 feet. Ms. F'ransdal: And now maintain it so the children can walk? Mayor Chmiel: Right. Gil Kreidberg: That's the whole idea. Councilman Johnson: That was the %bole purpose of this was to get that now. The other part is how are we going to get the trail from 65th Street over. That hasn't been resolved yet. That's another one. A thorn in my side. After 2 years we haven't resolved. 19 City Council Meeting - Se tuber 25, 1989 Mayor a7niel: That's not the issue. Councilman Johnson: But this will be even better, right now they have to walk through that lot and it's not in any good condition. They have to climb the barbed wire fence and everything to get back there I guess. Mrs. FYansdal: There's a little path now. Gil Kreidberg: Right. Have you noticed the logs that are in front of the path now that NSP cut down and left in the middle of the path. You will have a better access back there because you'll literally have a 10 foot wide gravel path. It will be easy for people to get ... gate so you don't have snowmobile traffic or wall motor vehicles who might decide it'd be a good time to go shooting through there. Mrs. Ftansdal: our main objection was to the procedure and not... Gil Kreidberg: It's my intent to inform Mr. %bida and Mrs. Woida what's going on but it's only been a few days that I've known about it and I just haven't had a chance to visit with them. Councilman Boyt: I have just a quick question. Explain to me how kids are going to get through the fence but snowmobiles aren't going to get through the fence? Gil Kreidberg: Apparently, as Gary has described it, and I have not seen a picture of the kind of gate. It's the kind of gate that they can lock bAit it allows pedestrian traffic. He said they're used it on one other entryway. I don't know if it's to a water tower or another facility here in Chanhassen. He said there was one like that but the idea was, whatever the use, I've seen these before. Not here in Minnesota but elsewhere where the gate locks and so on...' A snowmobile, you might be able to marginally get through that. I don't know. councilman Boyt: okay, but the intent is to allow the walking path to... Gil Kriedberg: Absolutely. Absolutely. It's a two prong thing. one, so you can get the truck back and two, so that people can get back and forth. It'd be self defeating if the people can't get back and forth. Councilman Boyt: I think the neighbors have brought up an awfully good point. I hope we've learned something from it and I'd like to see us move on this now. Councilman Workman: What I'm trying to get at is there the slightest chance, and maybe the Ftansdal's can answer this right now, would srnebody else be interested in this property? Again, it is all of our property and we are selling it and it appears to be a good deal and you appear to be doing us good by this transaction but could there be somebody out there that might be interested in also owning this property and that seems to be the issue? or in sat is going on with it. Don Ashworth: I'm not sure. The issue originated when, well not only were we looking at the trail but I believe we had a public improvement in the process. Gil Kreedberg: You wanted to put a road in there and the... 20 City Council Meeting - ,ptember 25, 1989 Don Ashworth: The neighborhood had come out and we had 29 people who were here talking on the issue and that's really where the issue had started. You know, if I would have believed that the neighborhood had not supported this entire transaction or there was anyone else who was interested or there was any gnestion that this had not originated from the neighborhood itself, I guess we would have gone through a different advertisement process than we did but I really had believed this was kind of a grass roots process that they themselves were starting and finally a year and a half later we finished. Gil Kreidberg: I'm sorry. I thought everybody who was party basically was aware of the net results. They may not have all been aware of that this was going to be decided here this evening because as I said, I just found out on EYiday so. Wayne Fransdal: My comment is regarding the availability of the information. We telephoned the three neighbors closest on the north side of this and none of than were aware. If it's grass roots, it came from a very small group within the development or people on the south who had an interest in it. The people on the north who have egnal interest and access from this property to the school were not informed. Gil Kreidberg: They were informed. They were informed all along up until tonight. They were party. They signed a petition they objected to the road to begin with. Mr. Woida did and so did Mr. MacFarlane and the other people on the opposite corner of the MacFarlane's... Councilman Johnson: Could you tell me what your objection is? What 4are you trying to gain by stopping this tonight? Would you like to purchase this? Would you like to make us an offer? I'm trying to uxderstand where you're coming from? , Wayne Fransdal: Where I'm coming from is the frustration with the adminstration in dealing with a lot of issues in the city. Wb can come in, developers can come in, make a proposal as an example, and they get an approval and they go out and do whatever they can negotiate with the staff. This is a case that has been negotiated with the staff and there was not public input from a lot of the people in the area. Maybe is a frustration on my part that we have things in our neighborhood that if I individually came in and asked to do, they would not be approved but when negotiations with staff, they end up being built and there they are. Councilman Johnson: So are you objecting to the roadway? Are you objecting to the City trucks going through there? Wayne Fransdal: No. I think the City should have access to the water tower from the public property which they own. I do not believe that a complete study has been made on the future use of this property. When we looked at all things that are being done frcn digging a pipe in or installing public easements, we had studies. We had environmental impact studies. Wb have future use studies and I don't believe they have been done and for me to say there's someone else that is interested in the property, I certainly don't know and no one in here can answer whether someone else is interested unless you ask. I'm not against the sale. I'm against the procedure. I may be all for the sale. 21 City Council Meeting - Ser tuber 25, 1989 Mayor C1miel: I agree with the concept and the idea that you have. Coluicilwa+ian Dimler: What should have been done? Councilman Johnson: I can see staff's point of view. It's a little matter that's been going on for a year and a half, two years since before I was on the Council when this was originally approved there. This thing has been going on and on and the developer caused sane of the frustrations when he didn't give us the trails he was supposed to give us and everything else and this is staff's way of caning to a conclusion on about half the problem now so we maintain that open, it was kind of Council a few years ago, 2 years ago, whatever we were on this, Council directed to reroute that trail through this property. I guess that's... Mawr Ctmiel: I think that's very true. Councilman Johnson: I think it could have been handled better. Mayor Chmiel: I'd like to make a suggestion to staff that all adjacent properties be notified on any transaction of sale of property within the city. That way at least that procedure would be taken care of. Notifying the adjacent neighbors. Making then aware of what's transpiring and then proceed from that. Councilman Boyt: This has been sort of in limbo for at least a year. I don't think we, maybe we do, I'm not aware that we lose anything by publishing that this property is for sale as a non -buildable lot and 2 weeks from now resolve it. It seems like we're following a better procedure to do that. a Mayor Ctmiel: Yeah, I'm speaking in the future with any other transactions that we do. As I look at this particular piece of property Bill, if the road is ,. going to be on the far end adjacent to that Lot 1. No no would, in my opinion, want to own that property with a road going through with an easement. What he has is his land is abutting the property here and of course the road would be on, if we're looking at a northerly direction, it would be to the north of that segment where the road would go. Gil Kreidberg: It gives me a little buffer from all the traffic is really what it canes down to. I was willing to pay a premium because I live right next door to it. The chances that samebody will pay you what I'm paying you, they'd have to be, you can't build on it. If you could build on it, that's something. You know I'll leave it up to your judgment. We spent a lot of time trying to work up something that was amicable. Councilman Johnson: Another thing we should have done, instead of having it 90 feet wide, we should have had it 89 feet wide because at 90 feet it doesn't need a variance to build on it. Because it has the covenant it does but at 89, it would need a variance to build on it at all so we couldn't even put it on without a variance and the covenant on top of that. We'd have two ways of telling then, if somebody came in 10 years fron now trying to build there, we'd say you can't. Don Ashworth: As long as it's considered a lot of record though they could build on it. If you bought a lot in the downtown and it's 60 feet in width, as long as you meet setbacks. 22 City Council Meeting - Ptenber 25, 1989 Gil Freidberg: What about my original suggestion of making it part of my particular lot? Don Ashworth: 'That's sanething that should be looked at. The covenant is good but as long as it's a separate legal lot of record, it could be built on. Councilman Johnson: Well if it's a separate legal lot of reference, they still have to have a variance to build on it even though it's a legal lot of record. Mayor Chmiel: They can make it contiguous though can't they Roger? Roger Knutson: If they legally split it, once you have a legally split lot, I don't know how they'd get it legally split if it were only 89 feet but if they were somehow to manage to accomplish that and they came in for a variance, and thev own 89 foot lot, met all other ordinance requirements, you'd probably be hard pressed to turn down a request for a variance. Councilman Johnson: Unless there was the covenant? Roger Knutson: Unless there was a covenant, correct. Councilman Johnson: I mean you'd still want both. You wouldn't get rid of the covenant. What would it take to combine it to one lot? Roger Knutson: Is your existing lot a meets and bound description or.is it a lot in block? Gil Kreidberg: You see what happened is they platted 6 lots in what they call Pleasant Hills okay and this of course is not part of Pleasant Hills. Gary,Was telling me something and I'm not sure that there's two ways. One is to keep this separate and the other was to kind of redo it and I think they had to survey it and then there were same fees in filing but I think it could be done and like I said, I have no problem with that. I'm not going to build anything. I can't build it. It's going to be a yard. Councilman Johnson: I think the City should pay those fees and make it as a single lot. Roger Knutson: Your property that you presently own is a lot in block, is that right? Gil Kreidberg: Pardon me. Roger Knutson: You have a lot in block legal description? Gil Freidberg: Yes I do. As a matter of fact I think I have it here. Roger Knutson: See if you had a meets and bounds, then you could make one meets and bounds description. This accamplishes it. This says non -buildable but you can combine them for tax purposes. Have one PIN number by working with the County and if you ever wanted to divide a PIN number, you've got to came back to the City. 23 City Council Meeting - , mber 25, 1989 Councilman Johnson: The covenant is strong enough to where thev'll never be able to build on there. Councilman Boyt: 'That's the best way to do it. Otherwise, they can subdivide the lots somedav and build. Councilman Johnson: Well the covenant would still stay there no matter what we did. Councilman Boyt: Let's table this for 2 weeks. Councilman Workman: second. Mayor Chmiel: It's been moved to table for 2 weeks to come lip with a conclusion and with a second. Councilman Johnson: 7b talk to the neighbors and inform the neighbors. Councilman Workman: Inform the neighbors and set up a policy that we can follow each and every time we have a situation like this. Don Ashworth: It will be short notice that will occur in the newspaper. We can do it but we barn it in for this Friday and it would then appear in the following Wednesday which then would be heard by the City Council on Monday. Councilman Workman: Is once enough? Don Ashworth: You potentially would have a challenge that I only saw this. Mayor Chmiel: Can we notify those adjacent 7 property owners by letter. Don Ashworth: Yeah. I'm just saving that we still have really the same list from the last time. Mayor Chniel: That would process it and make it move just a little faster. Councilman Workman: If I could bring up one other thing while the motion hangs here also and some frustration up there. It's a different sort of a hill up there as I'm told by the neighbors. It was going to maybe be Carlton College up there possibly way back? I don't know how we lost Carlton College but I would like the D-xjineering staff and Dave, if you're listening, I believe it's called Somerset Circle there off of Murray Hill Road. There's a large, very large ditch there. I guess I'd like a little bit more information. Neighbors claiming that perhaps that ditch is something that it never was intended to be in the development contract. Can we check out what the circumstances are with that? It's the north ditch off of Somerset. Councilman Johnson: That's a different subdivision. Councilman Workman: Right. But again, adjacent to. Gil Kreidberg: 7hat'd be to the north about a block and a half or so. 24 City Council Meeting --eptember 25, 1989 Councilman Workman: But again, it's a unique area up there and there's some frustrations. Councilman Boyt moved, Councilman Workman seconded to table approving a Purchase Agreement for sale of a portion of Murray Hill Water Tower Site to Gilbert and Jillene Freidberg so staff can notify neighbors. All voted in favor and the motion carried. VISITOR PRESENTATIONS: There were none. PUBLIC HEARING: ASSESSMENT HEARING AND ADOPTION OF ASSESSMENT ROLLS: Bill Engelhardt: Your Honor, members of the Council, this is the assessment hearing for the Kerber Blvd. improvement project. The total cost of the project was 5494,840.12. The project was coveted b. 55% tax increment funds and general obligation with the balance of the cost to be spread against the benefitted Properties along Kerber Blvd.. The developers of Chan Vista, Saddlebrook, the James property, all had development agreements mere they agreed to the assessment and those assessments have been collected as the lots have been sold. The lots that have not been sold, those assessments are on the assessment roll. The project cost was slightly under the original bid amount which showed up as about a $2,700.00 reduction in the feasibility study cost for the tax increment and general obligation. With that I'd be happy to answer any questibns you might have on the project. Mayor C:miel: Anyone have any questions at this time? Is there anyone wishing to address this for the public hearing? If so, this is your opportunity to come forth and address it and if you do, please state your name and your address. Councilman Johnson moved, Councilwoman Dimler seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Resolution #89-104: Councilman Johnson moved, Councilwoman Dimler seconded to adopt the Kerber Boulevard assessment roll as modified dated Septemember 11, 1989 with a payback term of 8 years with an established with interest at the rate of nine percent (98) of the unpaid balance. All voted in favor and the motion carried. a r• rr• • • r- • • a r� • •,• a • Public Present: Gary Carlson Address 3831 West 62nd Street 25 GILBERT H. KREIDBERG 6444 MURRAY MILL ROAD EXCELSIOR, MN SS331 (61 2) 474-91 29 May 9, 1989 Mr. Gary Warren City Engineer C�67 €;T O{ y g n` ner ��, (uf�c�fiS��Le City of Chanhassen ZrDRpV,17 690 Coulter Drive �nSI-It) ll! c,o1 P.O. Box 147 MAY 1Q 1989 Chanhassen, Minnesota 55317 rr CC Dear Gary, ENIGI ��45r�,A.ING DIETa . This letter is a follow-up to our conversation of May 9, 1989 regarding the Cities' property in front ( to the east ) of the water tower off Murray Hill Road. Now that the issues concerning the trail system and the need for alternative access to the water tower ( Lake Lucy Road pipeline ) appear to be resolving themselves, it seems appropriate to review my interest in acquiring this property. As you know, the Cities' property directly adjoins my lot. I am proposing purchasing the property from the City of Chanhassen at a mutually agreed upon price with some very favorable terms from the Cities' standpoint: (1) At the time the purchase is consumated I would gift ( deed ) to the City the northern 10 feet ( or what is needed, within reason ) of the property to allow continued public access from Murray Hill Road to the MIS School as well as emergency eastern access to the water tower. (2) I also would accept that no house could ever be built on the property. It would simply be part of my yard. This transaction would allow the City to meet the needs of the public, add to its Treasury by the purchase Price and increase the tax roles as I am sure my property taxes would increase as a result of the purchase. During recent years, the property has been neglected and needs to be cleaned up. If I acquire the property it saves the City the clean up expense. The above proposal meets with the approval of the Pleasant Hill Homeowners association. If the City Fathers are in agreement in principle, I am sure we can come to a satisfactory meeting of the A GILBERT H. KREIDBERG 6444 MURRAY HILL ROAD EXCELSIOR, MN 55331 (61 2) 474.91 29 minds on the price. I appreciate your assistance, and the Mayor and City Councils serious consideration of my offer. If you have any questions or if you would like me to be present at a City Council meeting, etc., please give me a call. I look forward to hearing the Cities response to my proposal. Thank you. Best Regards, I CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 1, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Kreidberg Metes & Bounds Subdivision — Planning Case 07-26 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this _90� day of N &reml6e r 2007. NA Notary Aklic ja-,:11MTMEUW1J�11EN taPublic-Minnesota a yMry omsoprea Notice of Public Hearing Chanhassen City Council Meeting Tuesday, November 13, 2007 at 7:00 P.M. This Date & Time: hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision Applicant: Golden Valley Land Company/Gilbert & Jillene Kreidber Property 6444 Murray Hill Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed at the Meeting: project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/i)lan/07- 26.htmi. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous())ci.chanhassen.mn.us Comments: or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Notice of Public Hearing Chanhassen City Council Meeting Tuesday, November 13, 2007 at 7:00 P.M. This Date & Time: hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision Applicant: Golden Valley Land Company/Gilbert & Jillene Kreidber Property 6444 Murray Hill Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed at the Meeting: project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/i)lan/07- 26.htmi. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at boenerous cDci.chanhassen.mn.us Comments: or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. This map is nather a legally recorded map nor a survey and is not Intended to be used as one. This map Is a compilation of records, Information and data located In Various City, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes wily. The Dry does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the Dry does not represent that the GIS Data can be used for navigational, traGting or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If emom or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to lAnnesota Statutes §496 03. Subd. 21 (2000). and the user of this map acknowledges Nat the Dry shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arse out of the users access or use of data provided. This map is nather a legally recorded map nor a survey and is not intended to be used as me. This map is a compilation of records, information and data located in various city, county, slate and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Infmnetim System (GIS) Data used to prepare this map are am free, and the City does not represent that Me GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or praosim in the depiction of geographic features, d errs or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Mnnesow Statutes §466.03, Surd. 21 (2000). and Me user of this map acknowledges that Me City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold hamdess Me City from any and all claims brought by User, its employees or agmts. or third parties which arse out of the users access or use of data provided. ROBERT E LEE III THOMAS G & NEYSA L WINTERER CRAIG R & CATHERINE JOHNSON 2250 MELODY HILL RD 2210 MELODY HILL RD 2071 MELODY HILL RD EXCELSIOR, MN 55331 -8891 EXCELSIOR, MN 55331 -8091 EXCELSIOR, MN 55331 -8888 GREGORY I & JULIE M NELSON 10SPRING HOMES INC JOHN THOMAS FAVORITE II 2165 MURRAY HILL CT 7925 STONE CREEK DR SUSAN LEE FAVORITE EXCELSIOR, MN 55331 -8882 STE 120 2080 65TH ST W CHANHASSEN , MN 55317 -4609 EXCELSIOR, MN 55331 -9005 DOUGLAS V SCHROEDER BERNARD C JR & SANDRA BENZ KAREN SIGNE PETERSON PO BOX 625 2061 65TH ST W 2240 MELODY HILL RD CHANHASSEN , MN 55317 -0625 EXCELSIOR. MN 55331 -9006 EXCELSIOR, MN 55331 -8891 GREG GOLMEN & CINDY TELLINGHUISEN CHARLES G GOERS SR JUNIE 14OFF-GOLMEN 6370 MURRAY HILL RD 2160 MURRAY HILL CT 2220 MELODY HILL RD EXCELSIOR, MN 55331 -8834 EXCELSIOR, MN 55331 -8882 EXCELSIOR, MN 55331 -8891 ROBERT & JERI LOU PRCHAL JOHN J & JUNE A HAMSHER JANE QUILLING REVSBECH 2150 MURRAY HILL CT 2081 MELODY HILL 2155 MURRAY HILL CT EXCELSIOR, MN 55331 -B882 EXCELSIOR, MN 55331 -8888 EXCELSIOR, MN 55331 -8882 JOHN D & KATHRYN D DESMET JOHN J & LYNNETTE J DELUCA RICHARD & BARBARA D ATHERTON 6454 MURRAY HILL RD 6484 MURRAY HILL RD 2082 65TH ST W EXCELSIOR, MN 55331 -8994 EXCELSIOR. MN 55331 -8994 EXCELSIOR, MN 55331 -9005 CAROL ASLESEN CHILD RICHARD E & KAREN HERRBOLDT CHARLES R & BEVERLY J JACKSON 6482 MURRAY HILL RD 6464 MURRAY HILL RD 2110 CRESTVIEW DR EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 55331 -8009 LECY BROTHERS CONSTRUCTION INC TIMOTHY P & HEIDI S LARKIN & CHARLES R & JOANNE F LEWELLEN 15012 HIGHWAY 7 LECY BROS CONSTRUCTION 6340 MURRAY HILL RD MINNETONKA , MN 55345 -3634 2150 CRESTVIEW DR EXCELSIOR, MN 55331 -8834 EXCELSIOR. MN 55331 -8009 JOHN R & NANCY H LIBERG GILBERT H & JILLENE KREIDBERG DOUGLAS E & MARY K JOHNSON 2091 MELODY HILL RD TRUSTEES OF TRUSTS 6474 MURRAY HILL RD EXCELSIOR, MN 55331 -88M 205 NUNAN ST EXCELSIOR, MN 55331 -8994 JACKSONVILLE , OR 97530 -9699 IND SCHOOL DIST 276 RICHARD D & JOYCE H MCFARLAND 261 SCHOOL AVE 6341 MURRAY HILL RD EXCELSIOR, MN 55331 -1987 EXCELSIOR . MN 55331 -8832 8�i -23 Jui7 0 CITY OF CHANNSEN 7700 Markel Boulevard PO Boa 147 Chanhassen, MN W17 Administration Phone: 952.227,1100 Fax: 952.227.1110 Building Inspections Phone: 952227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax 952227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952,227.1404 Planning & Natural Resources Phone. 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone:952.227,1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 0�-2�0 �s I November 28.2007 Gilbert and Jillene Kreidberg 205 Nunan Street Jacksonville, OR 97530 Re: Lot 1, Block 1, Pleasant Hills 2°d Addition Dear Gilbert and Jillene Kreidberg: As an original condition of the purchase of the above -referenced property from the City, you were to record a restrictive covenant prohibiting the construction of a building on the northerly 90 feet of Lot 1, Block 1, Pleasant Hills 2°d Addition. In reviewing the proposed subdivision of the property, we discovered that the covenant was not recorded. In order to avoid problems in the future and to fulfill your obligation under the purchase agreement, the City has drafted a restrictive covenant for your signature. Please sign the document and have your signatures notarized. Return the signed document in the enclosed envelope for the City's signature and recording. A copy of the executed agreement will be returned to you for your records. If you have any questions or need additional information, please contact me at (952) 227-1131 or benerous@ci.chanhassen.mn.us. Robert Generous, AICP Senior Planner Enclosures ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager gdpl.\2007 planning cases\07-26 pleasant hills 2nd addition metes & bounds subdivisionVetter to kreldbarg mtrictive covcnani doc SCANNED —+L le The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), effective the _ day of , 2007, by the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"), and consented to by GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife, hereinafter jointly referred to as ("Declarants"). RECITALS A. Declarants are the fee owners of certain real property located in the City of Chanhassen, Carver County, Minnesota, legally described as Lot 1, Block 1, Pleasant Hills 2°d Addition, according to the recorded plat thereof; B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1, Pleasant Hills 2°d Addition ("Restricted Land") under a purchase agreement between the City and Declarants dated October 30, 1989 ("Purchase Agreement"); C. Under the Purchase Agreement, the City's sale of the Restricted Land to Declarants required a covenant to run with the land prohibiting construction of a building on the Restricted Land. The terms of the Purchase Agreement specifically provided that the terms of the Purchase Agreement would survive the closing. D. Declarants and the City desire to memorialize the covenant required under the terms of the Purchase Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, including the Purchase Agreement and foregoing recitals which are incorporated into this Declaration and made a part hereof, Declarants do hereby impose, create and establish the following covenants, conditions and restrictions upon the Restricted Land: 1. PROHIBITION ON CONSTRUCTION. No building may be constructed on the Restricted Land, except for a City -owned building. A "building" shall mean any structure used or intended for supporting or sheltering any use or occupancy. A fence may be constructed on the property consistent with City ordinances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Restricted Land, shall be recorded with Carver County against the title to the Restricted Land, and shall be binding upon and inure to the benefit of the City and Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Restricted Land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. CITY OF CHANHASSEN (C1TY SEAL) I� Thomas A. Furlong, Mayor Todd Gerhardt, Clerk/Manager Gilbert Kreidberg Jillene Kreidberg STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2007, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and Clerk/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 135492.02 STATE OF MNNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2007, by Gilbert Kreidberg and Jillene Kreidberg, husband and wife. Notary Public Tms INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh 135492.02 PURCHASE AGREEMENT AGREEMENT made this 30fl(A day of OtAOf3t5q- , 1989, between THE CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter "City"), and GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife (hereinafter "Buyer"). V VOTIPDT.0 A. City is the owner of certain real property in the City of Chanhassen, Carver County, State of Minnesota, (hereinafter "subject property"), legally described as follows: The southerly 90 feet of Lot 31, MURRAY HILL ADDITION, lying east of a line described as follows: Starting at the south- east corner of Lot 31, MURRAY HILL ADDITION, thence west along the south lot line of Lot 31, 210.00 feet to the point of beginning, thence north on a line parallel to the easterly boundary of said Lot 31. B. Buyer desires to purchase the subject property, and City is willing to sell the same to Buyer, subject to the terms hereinafter set forth. IN CONSIDERATION OF THE FOREGOING, AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 1. Sale of Subject Property. City agrees to sell and convey to Buyer by general warranty deed, and Buyer agrees to purchase the subject property, subject to the following encumbrances: a) Building, zoning, and subdivision ordinances, and state and federal regulations; b) Reservations of minerals or mineral rights to the State of Minnesota; c) Public roads, highways, utilities or rights -of -way; d) Real estate taxes payable in the year of closing and subsequent years, together with all installments of special assessments payable therewith and thereafter, whether heretofore r09/25/89 or hereafter levied or assessed, subject to the provisions of paragraph 5 herein; e) A covenant to run with the land that no building may be constructed on the subject property. 2. Payment of Purchase Price. Buyer shall pay to City as consideration for the purchase of the subject property the sum of Thirty Thousand and 00/100 Dollars ($30,000.00), payable as follows: a) Three Thousand and 00/100 Dollars ($3,000.00) earnest money in cash, receipt of which is hereby acknowledged by City; b) Twenty-seven Thousand and 00/100 Dollars ($27,000.00) in cash, which is the balance of the purchase price, payable on the date of closing. 3. Title and Examination. City shall, within a reasonable time after acceptance of this Agreement, furnish an Abstract of Title or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens. Buyer shall be allowed twenty (20) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, City shall be allowed 120 days to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this Agreement shall be null and void, at option of Buyer, neither party shall be liable for damages hereunder to the other, and any monies paid shall be refunded to Buyer. CWM 9. Closing. The closing of this transaction shall take place on or before November 1, 1989, at such location and at such time as may be mutually agreed upon by the parties. 5. Real Estate Taxes. Buyer agrees to pay all real estate taxes and special assessments due and payable in the year 1989 and thereafter. City makes no representation concerning the amount of future real estate taxes. 6. contingencies. This Agreement is subject to the following: a) The City intends to construct a 10-foot wide driveway/trail access within the City's 20-foot wide parcel which currently abuts the northerly portion of the subject property, which will in all likelihood require the removal of one of the mature pine trees. b) The City intends to construct a controlled access gate to prohibit unauthorized vehicular access, but which can be unlocked by the City for routine servicing of the water tower site. c) Buyer agrees to promptly clean the subject property of debris and to build a fence complying with City ordinances along the westerly and northerly boundary of the subject property. d) Buyer will be allowed to remove the existing split rail fence on City property located east of the water tower. e) The City and Buyer agree to split the subdivision cost required for this transaction which is in addition to the t purchase price stated above. Tr tS F&OLnUb- vPV KSroo0 4,,,r� t WOW D"J)J' y. , k ti %" , CcA.fe,.,..c t.Y I •45 Ato..S 4U FwOLx c, .-a or' Co+- ( PAY-1 f) Buyer certifies that they have reviewed this lot split with the residents of the Pleasant Hill Subdivision and have obtained their concurrence with the City's proposal to eliminate one tree and construct the controlled access driveway/trail for routine use by the City for maintaining the Murray Hill water tower and appurtenances. The trail is to be for the enjoyment of the public. 7. Default. If Buyer defaults in any of the agreements herein, City may terminate this Agreement, and on such termination all payments made hereunder retained by Buyer as liquidated damages, time P4S►'�rai? ILL SVtWLL $. l/ACAJZM R� I'L 2to,'oo r,av ar of L.4 ( _3_ R4WTtl-ij , -, being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement, provided this Agreement is not terminated and action to enforce specific performance is commenced within six (6) months after such right of action arises. In the event Buyer defaults in his performance of the terms of this Agreement, and notice of cancellation is served upon Buyer pursuant to M.S.A. 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of M.S.A. 559.21. S. Notices. Any and all notices required by this Agreement shall be made in writing and delivered personally or by prepaid, certified mail to the parties as follows: As to Sellers: City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 Attention: Don Ashworth As to Buyer: Gilbert and Jillene Kreidberg 6444 Murray Hill Road Excelsior, Minnesota 55331 9. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns, and the provisions of this Agreement shall survive the closing. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY m AND _� k g� Don Ashworth-, City Manager -4- -5- Drainage Report: 6444 Murray Hill Rd. Chanhassen, MN CITY OF CHANHASSEN RECEIVED OCT 12 2007 CHANHASSEN PLANNING DEPT Prepared by: Matt Pavek, P.E. TERRA ENGINEERING, INC. 6001 Glenwood Ave. Golden Valley, MN 55422 (763)593-9325 10/12/07 SCANNED TERRA ENGINEERING 6444 MURRAY HILL RD. 10/12/2007 PREPARED BY: MATT PAVEK, PE DRAINAGE REPORT SUMMARY ASSUMPTIONS: TYPE 1124 HOUR STORM EVENT TYPE "C" SOILS EXISTING SITE ASSUMED TO BE GRASS IN FAIR CONDITION PROPOSED SITE ASSUMED TO BE GRASS IN FAIR CONDITION STORM EVENT EXISTING RUNOFF (CFS) PROPOSED RUNOFF (CFS) 2-YR 1.65 1.84 10-YR 3.23 3.46 100-YR 5.38 5.62 EXISTING SITE 2S PROPOSED SITE Sub4 Reach Aon Link • 6444 MURRAY HILL Type 1124-hr 2 YEAR Rainfall=2.80" Prepared by Terra Engineering Inc. Page 2 HydroCAD®7 00 s/n 001544 © 1986-2003 Applied Microcomputer Systems 10/1212007 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: EXISTING SITE Runoff Area=50,071 sf Runoff Depth=1.11" Flow Length=200' Tc=17.7 min CN=82 Runoff=1.65 cfs 0.107 of Subcatchment 2S: PROPOSED SITE Runoff Area=50,071 sf Runoff Depth=1.24" Flow Length=200' Tc=17.7 min CN=84 Runoff=1.84 cfs 0.119 of Total Runoff Area = 2.299 ac Runoff Volume = 0.225 of Average Runoff Depth =1.18" 6444 MURRAY HILL Prepared by Terra Engineering Inc. HydroCAD@ 7.00 s/n 001544 © 1986-2( Type 11 24-hr 2 YEAR Rainfall=2.80" Page 3 Subcatchment 1S: EXISTING SITE Runoff = 1.65 cfs @ 12.11 hrs, Volume= 0.107 af, Depth= 1.11" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 2 YEAR Rainfall=2.80" Area (so CN Description 6,646 100 IMPERVIOUS 43,425 79 50-75% Grass cover, Fair, HSG C 50,071 82 Weighted Average Tc Length Slope Velocity min) (feet) (ft/ft) (ft/sec) 17.7 200 0.0250 0.2 Description Sheet Flow, SHEET FLOW Grass: Short n= 0.150 P2= 2.50" Subcatchment 2S: PROPOSED SITE Runoff = 1.84 cfs @ 12.10 hrs, Volume= 0.119 af, Depth= 1.24" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 2 YEAR Rainfall=2.80" Area (sf) CN Description 11,146 100 IMPERVIOUS 38,925 79 50-75% Grass cover, Fair, HSG C 50,071 84 Weighted Average Tc Length Slope min) (feet) (ft/ft) 17.7 200 0.0250 Capacity Description 0.2 Sheet Flow, SHEET Grass: Short n= 0.150 P2= 2.50" 6444 MURRAY HILL Type 1124-hr 10 YEAR Rainfall=4.20" Prepared by Terra Engineering Inc. Page 4 HydroCADO 7.00 s/n 001544 © 1986-2003 Applied Microcomputer Systems 10/12/2007 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: EXISTING SITE Runoff Area=50,071 sf Runoff Depth=2.19" Flow Length=200' Tc=17.7 min CN=82 Runoff=3.23 cfs 0.210 of Subcatchment 2S: PROPOSED SITE Runoff Area=50,071 sf Runoff Depth=2.36" Flow Length=200' Tc=17.7 min CN=84 Runoff=3.46 cfs 0.226 of Total Runoff Area = 2.299 ac Runoff Volume = 0.436 of Average Runoff Depth = 2.27" 6444 MURRAY HILL Prepared by Terra Enaineerinq Inc. Type 1124-hr 10 YEAR Rainfall=4.20" Page 5 Subcatchment 1S: EXISTING SITE Runoff = 3.23 cfs @ 12.10 hrs, Volume= 0.210 af, Depth= 2.19" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 10 YEAR Rainfall=4.20" Area (sf) CN Description - 6,646 100 IMPERVIOUS 43,425 79 50-75% Grass cover, Fair, HSG C 50,071 82 Weighted Average Tc Length Slope min) (feet) (ftlft) 17.7 200 0.0250 Capacity Description 0.2 Sheet Flow, SHEET FLOW Grass: Short n= 0.150 P2= 2.50" Subcatchment 2S: PROPOSED SITE Runoff = 3.46 cfs @ 12.10 hrs, Volume= 0.226 af, Depth= 2.36" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 10 YEAR Rainfall=4.20" Area (sf) CN Description 11,146 100 IMPERVIOUS 38,925 79 50-75% Grass cover, Fair, HSG C 50,071 84 Weighted Average Tc Length Slope min) (feet) (fUft) 17.7 200 0.0250 Velocity Capacity Description 0.2 Sheet Flow, SHEET Grass: Short n= 0.150 P2= 2.50" 6444 MURRAY HILL Type II 24-hr 100 YEAR Rainfall=6.00" Prepared by Terra Engineering Inc. Page 6 HvdroCAD® 7.00 s/n 001544 © 1986-2003 Applied Microcomputer Systems 10/12/2007 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Star-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: EXISTING SITE Runoff Area=50,071 sf Runoff Depth=3.70" Flow Length=200' Tc=17.7 min CN=82 Runoff=5.38 cfs 0.355 of Subcatchment 2S: PROPOSED SITE Runoff Area=50,071 sf Runoff Depth=3.91" Flow Length=200' Tc=17.7 min CN=84 Runoff=5.62 cfs 0.374 of Total Runoff Area = 2.299 ac Runoff Volume = 0.729 of Average Runoff Depth = 3.81" 6444 MURRAY HILL Prepared by Terra Engineering Inc. Type 11 24-hr 100 YEAR Rainfall=6.00" Page 7 Subcatchment 1S: EXISTING SITE Runoff = 5.38 cfs @ 12.10 hrs, Volume= 0.355 af, Depth= 3.70" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 100 YEAR Rainfall=6.00" Area (sf) CN Description 6,646 100 IMPERVIOUS 43,425 79 50-75% Grass cover, Fair, HSG C 50,071 82 Weighted Average Tc Length Slope min) (feet) (ft/ft) 17.7 200 0.0250 Description 0.2 Sheet Flow, SHEET FLOW Grass: Short n= 0.150 P2= 2.50" Subcatchment 2S: PROPOSED SITE Runoff = 5.62 cfs @ 12.10 hrs, Volume= 0.374 af, Depth= 3.91" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 100 YEAR Rainfall=6.00" Area (sf) CN Description 11,146 100 IMPERVIOUS 38,925 79 50-75% Grass cover, Fair, HSG C 50,071 84 Weighted Average Tc Length Slope min) (feet) (ft/ft) 17.7 200 0.0250 Velocity Capacity Description 0.2 Sheet Flow, SHEET Grass: Short n= 0.150 P2= 2.50" 0 Y _ 2 id 3 W22 E ° x3 �•il e t a a ai E 00 moo <�rc E E T Y is nrcci F ! �D y s is :fit s�S i�E F_ Zi •� # E s gs 3� = i• Ens ! W p2e [T.5 ii?f rE Z E • t -3 E 'i' � 3• - •� a�- JX �z z Q�N W~ JIwo �_w rm 0 Q J _J S Y I 6 Q I .fmLlawMi T 1 _ \ 1 I ImJLwiTtl�YO(J1�T: Tr.wf[VIAIIAmuT W.DpAmfrylCww.YY I✓�AL�Ypld�� NwwwYww.Cirwr naYYW�w.i. QS{K1:� L rYW MYYf OiwDil.lYwYW Y�r/f tlr�wWYMfrIrYi•rr11T>fYY NN [IXlF9 EI YA1R 1nYCR YrYm YYYI► IIYY.wrwYwYVIYrYAtlw O�rIrrYlUn 4D1UIF: N�JY}M IMq YWY.rlw�rrlYfwlOAfai.wnU Y/wm.rYYYw YrufT�YX'rweme i MIWYY.wtl. rSNJD.w'nfST YMfr Ww.�.tlr r•!Yr rPw YmrmwJYItDYY.IwFri EMIm'S MI.MR 4CY1Tm1 AT PIdIR 1CKC FEET MIST Ww�frIPYAw1.i11Y,rrYfe wI1LPYwY�frw.YfYYwYY MrsuenAw wl rYIT!-r�VnYreW.Y� rir 1 PrITwYdY.wr.YarwtllmY.w I�.YmIYYwCJ Ow niq. W�%�mwe(•1IM r.wYrrww.\b Y/ww.l.Y 9 Y�Imf�yOfYAA rrrrrf ewYw +Y�re.Y.rY sorror' IEDE%0 � :.rR ~r.�.I.firw.w.rw Mr�frr ' ;' � .r�r...r�.YI"�`iwn.u� r�.�... ir.Yor.a uu•.u�oerrYs�i.tRAr4.rd • -Iw Ywiw l�wl {LwrYwY�w�f.Y.AmfA}V[CwA l -rbr YI1mAC111.1Y.Y�YwY►n f�YY11YwtlYYYylms.�.Y. l 1\wTtlrfwr YLLl�itl�VSYe %f ewllY 1'orie��riimrwai4mr� ,PT-reYl OP•-rY�wY a%YYYIYfrhwlYrrrYYI�Y{ i�lLr}DITw rvMer. _ w..�rYriPw�Y�wY Ytl O -"'Y'I `nr+wnywnrrvrrrmr[ elPwa�mrYRmYt w�rwufr�r mmYYW r.r O-YN Yw r• YY• �Yw/fY\�tlYY.i/WFYmYYr rLMP6 lA$IWGD nMM UAiZ CQMIY W(MMATL MIOL w. -Wi IY `.�Iw1Y.'A'rwYYm % NfY1I�lYYYYwfw SC/.1£ M ffE1 �-APA.rY J,wmwrtil%mYYrI.IfYj1 r/w%.YY.YFY•WIWf4YVYY [sYMwwr[ItlN1wr.4 rwR V•xsutiweW.LYwYYMm w.IrlrY.r�� J-�W D 15 A p w i Oi YI I� bnYwfW �nY•wwwlw.f YYwwYIY Mmien Yrf MvP I�.w1YT --0---wT� YfwlYlrwibsYfrYwYfYY�YIr s. wIN D[Wn a. tPol. MM insY: T4 Mr1 N%181^I w bP ➢Y N Rlw PYyfyY GIYMI hAYyl.-. Tw.. Ti IrldMY fml bYwIY 0 C B YIOmIiYN A SITE No.MPLSMN1423 Xcingular W.,.wm wmTfr summer w m MIESGTA ...� .�wun...I .� rwWYrYti G"IN v m�.m Re®. uc QO amR r011[ K ff[ 3L Y[4i1P1 III Wm • :r saw Iar raK. r.n ao rtrer M. GR wTEflli w roc roc R e. s1eD1 —[Ywo wa tl �+' � MPLSYN1423-B07 A As g1FD rcamaa ri vc at2v o. N 6 5 4 S 2 i SCANNED D 3 0 I i \ NOTE: SEE SWEET-LCfi MTE: SEE SPE,S FOR TYP FOR GRAMM P-M! STREET SECTION 2 \ — �[usr axmw R'rq R-6Q YYTYPE Y COSFRS MOLE. YN CASTNC6 MEpYN NOTEWATERMAW ll BE GRAMM AMINIMUORAME roM� GY PIPE FROMFINISHED MIT: THIS CCMTRAMOR HULL BE SOLEY RESPONSIBLE IN CONSI1NClIXG THE PROPOSED STREET TO INSURE THAT THE EXISTING DRAINAGE AT THE INTERSECTION OF MELOOY HILLAM RMO OIMRKURRAY CONSTMRUCT UCH AUDAN NOTAFTER CONSTRUCTION 6PARE000MPLETED MQSHALLSHABE CCNSEEREO IM IDE I TO THE COST Cf THE CONTRACT AND NO COWEHSSTCM WILL BE III HE COMRKTtlI ]NML E SCtEIY RESPAVSIBLE TO INSURE THAT THE ESISTNG Of DIP �N WTEI MAIN R NOT PS111RBED AAOIMX DAMAGED N AX1' WAY .r Pi iMW FIRING. I AMY flFYAl114 TO THE E%ISTNG IT DIP 1 rlW SCALE' •'V CONSTRUCTION OR 0 A RESULT OF C016 TICN. WITERMAN ij4 A RESULT OF CONSTRUCTKKI SHALL BE DONE BY THE CMTRACIOR AT NE I •S YERT. CCNTppCTOR S EXPENSE M THE SATISFACTION Of THE CITY ENGINEER OF THE MY OF CHANHASSEN, MINESOTA. MATURE PEES FIRM,[ STA 0.00 ro Sp 3.SO gEy�yyf(R�lILBE DEMAGEU IN MNY Wp, SIMPE L BE BOEIY fESPCN- SHALLLTO MENTE A THAT MMVIE PRETMS AGE NR MANAGED C SEWER SERJR:E u / I y 5^Or [uvrgx Rnl I Ir EXISTING GRAVEL SAA1� CNN]/ ITYR SERVICE IN MR .--./T33'.% /36b' ¢ aT CITE CI.EIB B GUTTER B6N BITUMINOUS CURB TO NORTH AT —_ _ _ _ SEE) dfLS I / yyI SEE SPECS FOR on% EM GDN OF SOUTIERLT R/W LIE OF ,� 1 r / DPI MEIADY HILL,SEE SPFLS FOR CONCRETE BITUMINOUS CURB TO BE LOWERED f 33.2'z. / SURMOUNTABLE CU G GUTTER TAPER TO 2•AT DRIVEWAY I Nf' / _ u - 12•N6' REDUCER BITUMINOUS dOR8 DETAIL _ 6• G'L 91RMJINTABLE I II 5TJ' / T3b': STY / 6'N6• TEE SEE INTERSECTION DETAIL AT NIGHT CONCRETE CURB G6UTYER 4�; 6d- ---- 14 79.4' 6.2212•BEM yS bE' .p dt �r �{URRAY HILL RD. 4 MTD ASSEMBLY 1 I f MIT..PWAs Lm .1 omen I I 4 (TIE VLLVE TO TEE Mb _ E _ 1 iYww-�1-f--1-�`- mZ EMr iM1WXYf IiTfl _7 i"I MURRA• HILL ROAD \ LL I 11 % s _W-{-+F_•H #-.F4- M -Al II -15— BITUMINOUS CURB 'EXISTING BITUMINOUS ' \\ PS �� 5' 1 CRGr svME Iks I� 20' RADIUS ROADS WRHOR CURBS \. \` 42 b' 6•]221/2•BEND ell ROADWAY EDGE 6 I / NOTE' DRIP LINE TO OMP LINE BETWEEN c INTERSECTION DETAIL \ \ EXIST MATURE P11 S IS Ir L \\ PROPOSE}) STREET TOWN INFAFASED I ' 1 8•]45• \ ��\ \\ \ \ /a ro A 28 wICE STREET PMMI 4 24 WIDE STREET APPROR 20' NORTH OF I —��\ \ \ \s THE PROPOSED SUBDIVISION ENACT i _ _ LOCATION WHERE WIDENING IS TO GRAM WILL BE STAGED IN THE FIELD BY THE MELODY HILL ENGINEER flOo y _ I IEI®F COMY THAT TES_M1AM BF1)iATIM Yt BENCH MAEnt7 rs:s-=, SCANNED 40 C_Fj Kimley-Horn and Associates, Inc. �J Sheet No. of Job Suh� �) — W No Designed by _ _ Date Checkedby — - Date�O`{�(li>� co o��trel ; 4shZV sjtO ��`ca� X� "S w nn P L, 3; i�2✓ Warr(, 71y7793. SCANNED N d • s • GILBERT & JILLENE KREIDBERG RECEIVED DEC 3 1 2007 (JM GF CN,hWAS994 December 20, 2007 Robert Generous Senior Planner City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 Re: Lot 1, Block 1, Pleasant Hills 2"d Addition Dear Mr. Generous: Enclosed is the revised Declaration of Restrictive Covenant as pertains to the northernly 90 feet of Lot 1, Block 1, Pleasant Hills 2°d Addition. We have signed the document and our signatures were notarized. Upon the execution of the agreement by Thomas A. Furlong, Mayor and Todd Gerhardt, Clerk/Manager please return a copy for our records. Sincerely, i ene Kreidberg '-7-�;iilbert Kreidberg DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), effective the _ day of 2007, by the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "City"), and consented to by GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife, hereinafter jointly referred to as ("Declarants"). RECITALS A. Declarants are the fee owners of certain real property located in the City of Chanhassen, Carver County, Minnesota, legally described as Lot 1, Block 1, Pleasant Hills 2°d Addition, according to the recorded plat thereof; B. Declarants acquired the most northerly 90 feet of Lot 1, Block 1, Pleasant Hills 21d Addition ("Restricted Land") under a purchase agreement between the City and Declarants dated October 30, 1989 ("Purchase Agreement"); C. Under the Purchase Agreement, the City's sale of the Restricted Land to Declarants required a covenant to run with the land prohibiting construction of a building on the Restricted Land. The terms of the Purchase Agreement specifically provided that the terms of the Purchase Agreement would survive the closing. D. Declarants and the City desire to memorialize the covenant required under the terms of the Purchase Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, including the Purchase Agreement and foregoing recitals which are incorporated into this Declaration and made a part hereof, Declarants do hereby impose, create and establish the following covenants, conditions and restrictions upon the Restricted Land: 1. PROHIBITION ON CONSTRUCTION. No building may be constructed on the Restricted Land. A fence may be constructed on the property consistent with City ordinances. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the Restricted Land, shall be recorded with Carver County against the title to the Restricted Land, and shall be binding upon and inure to the benefit of the City and Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the Restricted Land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. CITY OF CHANHASSEN (CITY SEAL) M Thomas A. Furlong, Mayor Todd Gerhardt, Clerk/Manager Gilbert Kreidberg Jillene Kreidberg STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2007, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and Clerk/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 135492.02 STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2007, by Gilbert Kreidberg and Jillene Kreidberg, husband and wife. Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh 135492.02 City Council Meeting - October 23, 1989 VISITOR PRESENTATION: There were no visitor presentations. PUBLIC HEARING: CONSIDER LAND SALE FOR A PORTION OF MURRY HILL WATER TOWER SITE, GIL KREIDBERG. Public Present: Name Address Gil Kreidberg 6444 Murray Hill Road Wayne Fransdal 6200 Murray Hill Road Don Kelly 2081 West 65th Street Terry Atherton 2082 West 65th Street Don Ashworth: Why don't I start it out and then Gary will finish. This item was tabled on September 25th to allow for this public hearing. Notices were sent out. City Council previously did consider this. There were questions brought out at the last meeting regarding sale of public property. Is there a requirement for lowest bid. The answer there is no. There are a nupber of considerations that must be looked at by a City Council and State Statute recognizes that. The sale process question is one that staff feels badly about because we felt that we had entered this item at the direction of City Council to meet with sane of the neighbors when there was concern with the Ostrom development and that's basically how this entire process got started. Culminating with again some concerns by the neighborhood that potentially the City might sell a part of that property in the future and to stem off that concern if the city would look to a sale of part of the property to Mr. Kreidberg with certain conditions to ensure that the large stand of trees that were up there would stay. That a trail would be put in. That the City would still maintain a driveway into the property for access to our water tower but that none of those activities would be interferred with in terms of potentially having a single family home there. Again, we had looked at it as though it was a win -win situation for both the neighborhood and for the city. Again, one of the primary concerns of the neighborhood was to be able to get from Murray Hill Road over to the school and part of the agreement was taking the dollars that would be received from the sale itself and building the driveway and the trail with those dollars and again reserving enough area to ensure that that trail would be built. Staff continues to believe that that is a recommendation which provides benefit to both the City and to the neighborhood. Gary, did you wish to add anything? Gary Warren: No. Mr. Kreidberg is here and I think this matter has carried on for quite a while. I think in good intentions on all parties here to try to address sort of a complex issue that may be up front doesn't appear or shouldn't appear to be this complex but I appreciate the efforts that Gil has had in actually coordinating and dealing with a lot of the neighbors in Pleasant Hill here to keep them abreast of some of our activities here. I think the proposal here meets the interest of Gil. I think addresses as best we can at this time the trail issue and also the needs that the City has as far as wanting the auxiallary access to the water tower site from the east across our property. Mawr Ctsniel: Is there any wishing to address this issue? 17 City Council Meeting - October 23, 1989 Don Kelly: My name is Don Kelly, I live at 2081 West 65th Street. My property is inmediately east of the Ostrom development. I'm concerned with what Mr. Ashworth says because he said that the primary purpose is to provide access to the school front Murray Hill Road. That means that we're dealing with access for a limited number of people here. one of the main concerns here, I talked to Mr. Ashworth about this on September 26th is that we're providing access to the school for among others, the 6 homes that were built in the Ostrom development. 8 years ago I appeared before a body with different faces and supported Mr. Ostrom's subdivision, the way he wanted to do it. The way he wanted to plot it. The way he wanted to bring the road in. The way he wanted to sewer it and there was one issue that I brought up at that time that was important to nme and that was that the development not cut off access to the school front my neighborhood. When I moved into my home in 1977, I had no children but I looked out the window and I saw that we had junior high students at that time that were walking through my yard to get to the school. At that time we kind of reorganized things and I asked the people to walk through a different area of my yard and for several years we had junior high students, joggers, people wandering over to play tennis, going through the woods at that time to get to the school. When Mr, Ostrom developed the property, he agreed to include a pedestrian easement. The pedestrian easement, perhaps you can show its Gary. Can you show us where, I think my house is green on there right now and the pedestrian easement goes down the west side of nN property. That's right, and over to the school inmediately after his development was agreed upon. By the way, the Council directed staff to follow through on the pedestrian easement and get it included so it was included in his development agreement. As soon as that was firmed up, my neighbor across the street and I paid the legal fees to have a pedestrian easement across.Py property to Mr. Ostrom's property, We dedicated the easement, the cul-de-sac on our street because I don't know if you can see on there. Most naps indicated that the street goes right up to the Ostrom development but it actually has been... Gary Warren: Yes it does. The right-of-way goes right up to the Ostrom development. Don Kelly: I didn't get my money's worth then. There's been a cul-de-sac dedicated and the right-of-way has been abandoned. Gary Warren: The half section shows a 60 foot right-of-way that goes up to the back end of the Ostrom development. Now the half sections, there may have been a vacation since that tine. Don Kelly: That's what I'm saving. At the time of the Ostrom development about September 21, 1982, the City Council did approve the partial vacation of West 65th Street and anyway there's a 22 foot utility pedestrian easement along the waaternain across my property and then the cul-de-sac was dedicated so the right-of-way doesn't go up to that property line anymore. Gary Warren: The utility easement does. Don Kellv: That's correct okay? And the utility easement is on the south side of the street. What appears here to be the street. In any case, we arranged for a pedestrian trail for the neighborhood up to that line. We're now talking about a pedestrian trail going front Murray Hill to the school and there's a LU City Council Meeting - October 23, 1989 missing link in there. The pedestrian trail that Mr. Ostrom was to provide through his development was not deeded. He did not pursue it and the City staff did not follow through on it. My understanding when I talked to Mr. Warren a year and a half ago was that Lot 6 on that development still had not been sold and that they would not permit Mr. Ostrom to sell it until the issue of the pedestrian path had been resolved. I don't know exactly, was that lot sold without encumbrances? Gary Warren: We recorded the development contract against the lot. The development contract had not been recorded prior to that time so our action, once this was brought to our attention, was to record it against that lot and at that time the conditions of the agreement unfortunately did not reflect specifically Lot 6 as you addressed earlier. The actual configuration for the easement addressed in the development contract was for the trail around the southerly perimeter of the subdivision so as it related to encumbering Lot 6, we couldn't hold it hostage to get srniething that had already been released so to speak. Don Kelly: Okay, I don't know what a development contract rieans. A contract to Pie means an agreement between parties with certain recourse if the agreed upon things are not met. It would seem to me that Mr. Ostrom is responsible for providing a pedestrian trail that goes fram the street on which I live to the school. If that trail is provided across Lot 6, that's perfectly convenient. Unfortunately, well first of all I think with regards to the matter you're looking at tonight, I would like to see the entire trail issue covered as a whole matter rather than consider the trail through the water tower as one little piece and then bring up this other issue at a different time. I'd also think that it would be convenient to use the money from the sale of that Property to cover some of the expense of any acquisition costs that are required for the trail going all the way through. It would seem to me that it's Mr. Ostrom's responsibility to provide a trail through that property and that it's the City's responsibility to ensure that the things that we were promised 8 years ago and have been promised with frequent conversations with city staff over the intervening time, actually happen. Thank you. Mayor Chmiel: Is there anyone else wishing to address the issue? Terry Atherton: My none is Terry Atherton and I live at 2082 West 65th Street. I live across the street from Don Kelly and my children are grown up so I don't have as large a stake in this as he has but I've been at many council meetings that Don has testified to and most of the things that he has said I've known first hand also as far as the development on the west side of our property. So I do feel that the Council should listen to what Don has said because I basically will someday be selling my home and if srnie new people move into it with children, they certainly would want access to the school. Thank you. Councilman Boyt: Mr. Mayor, can we get Lori's comments on this trail? I think it was a pretty hot item about a year and a half ago. Maybe you rMEriber how it worked itself into it's current situation? Lori Sietsema: As Gary said, because all of the lots were sold before the easement was recorded, deeded over to the City, we didn't have a willing seller... WE City Council Meeting - October 23, 1989 Councilman Boyt: As I remEmber the situation, it had something to do with one of the lot owners, maybe Lot 5 or Lot 4, had built a fence and that fence was where the trail was supposed to be and so then, when it came in and there was some discussion I recall about I think that lot owner had talked to Bill Monk about where the trail is supposed to go. Gil Kreidberg: That's correct and there were some differences at that time. That was Mr. Boudrie who you were referring to and that is correct. Councilman Boyt: Didn't that get resolved? I mean didn't we talk about putting the trail down someone's driveway or something? Gil Kreidberg: My name is Gil Kreidberg. I reside at 6444 Murray Hill Road. That is correct Bill and what has happened and Don's aware of this. There is a pathway between Don's yard and Mr. Boudrie's property which they put some bark chips down. It may not be part of the Chanhassen trail system but it does accommodate anybody who wants to walk through there. The missing link has been the access once they get to Murray Hill to get back to the school. The proposed transaction discussed here this evening will eliminate that issue. What they've been doing now is walking across the City's property when they cut down the barbed wire fence that was there but this way you'll have a nice roadway in which to walk though so I think that people, while they may be part of the sanctioned Chanhassen trail system, are not... from being able to walk inbetween the houses, Mr. Boudrie's home to Murray Hill and then back to the school. Councilman Boyt: Could you show that up on the map here? Don Kelly: It's the dark stripe. Gil Kreidberg: This is W. Kelly's lot right? Don Kelly: Right. Gil Kreidberg: Right in here W. Boudrie's fence runs sort of on the inside here and then he put barkchips down along here up to where his driveway begins and he has no problem with people coming right through here to Murray Hill. All they do is go here and then they'll go down there. Don Kelly: okay, there is a utility easement. The water line was looped through the area that Mr. Kreidberg was just showing us and there is a utility easement on that property line. W. Boudrie has put a fence approximately on his property line so the bark chips are actually on Lot 6 and the kids trot down the bark chips and then when they get down to Boudrie's driveway, they walk down the driveway. It's fine access. A@ don't have a problem with that access. My son goes to school that way every day. I know do have kids that go through there and will for quite a number of years. The problem is that Mr. Boudrie has said that that path is, he's quite comfortable with my kids and his kids using that path but he doesn't want it to become a general public path. On that we kind of differ because I feel that if other families move into our neighborhood that have children, that I can't tell then that hey, his kids and my kids can walk through my yard but your kids can't. Also, if he sells his house, he might sell it to someone who might say that my kids can't walk through there because as long as there's no easement across there for pedestrians, we don't have a path to the school. 99 City Council Meeting - October 23, 1989 Councilman Boy t: So what you're proposing is that the City buy that easement. Is that accurate? Don Kelly: I think you'd find that challenging but yeah, that would be great. Councilman Bout: Does anyone recall, I'm not the best source for information about this but I recall that there was quite a discussion with Mr. Ostrom a year and a half ago about how this was going to be resolved and I thought that the City Council gave the direction to get it resolved. So I guess I'm a little surprised that in the meantime it hasn't been. My memory may be selective here. Does anybody know more about this? Gary Warren: I guess I could offer qualifying my memory as you have and maybe Roger can throw in a few cents here is that yeah, there was direction to pursue the easement and internally we did, through the help of Tim Berg from Roger's office, initiate contacts with Mr. Ostrom to indicate that the City intended to have him make good on his obligations under the development contract and that we were willing to pursue that. I think it was after that contact that Mr. Ostrom then got to the Pleasant Hill neighbors and indicated to then the situation and made allegations that it was the City's responsibilty and because the City hadn't pursued getting the easement, therefore it wasn't his fault and sort of deflecting it back to the City's problem and then concluding that you folks don't want the easement anyway or words to that effect. I think it's true that people that we've dealt within the neighborhood there said hey, we moved in here with the understanding that there wasn't an easement required and therefore we don't want the value of our properties depleated because of an easement going in there. So we ran up against that and then there was a subsequent Council meeting where it came back and I think those neighbors pleaded their case with the council saving great, we understand you want a trail but sort of not in my backyard type of philosophy, so we were faced then with, the Council I guess was faced with then pursuing the easement or the conditions of the development contract by basically one or two ways. They're sort of related. One was to condemn the easement which was going to be quite upsetting I think to the residents there and also to pursue legal action with W. Ostrom to reimburse the Citv for the cost related to that. It was in that area that basically we started talking about other alternatives. one, we opened up the fence on the City's property along Murray Hill Road which relieved a lot of the pressue and in the interest from having Cardinal Lane and such, get through the City property to the school so that addressed some of the interest there from the neighbors to the north and I think has been a good solution there. Plus with the willingness of Mr. Boudrie to allow the use of the common lot line there as a trail as it already has been, people were getting through so we at that time, it was concluded I guess not to pursue Mr. Ostrom or the condemnation of the easement because that was not going to be palatable to the existing residents so that's, I know I rambled there but that's some of the highlights that I recall on it. Mayor Ctndel: Is there anyone else who like to address this? Wayne Fransdal: My name is Wayne Fransdal, 6209 Murray Hill Road. I guess at this point in time I have no concerns about the same of the property if the City Council and staff are convinced and the studies have been done that this Property is indeed surplus, there's no future use for the property and it has no 21 City Council Meeting - October 23, 1989 value for the City in any of their plans. The only concern that I have is that the trailway in the future that is built is in fact a true trailway. Has access through that kids can get their bicycles through without having theoretically being able to get through it or practically not being able to get through it. That there is thru access and there is a path and a gateway that they can get their bicycles through. Thank you. May Chmiel: Thank you. Is there anyone else? Is there anyone else who would like to address the issue? Councilwoman Dimler moved, Councilman Workman seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Mawr CiTiiel: Ursula, do you have something? Councilwoman Dimlex: Oh, do I. I guess I was relieved to hear Rayne say that he has no objections to the sale. I guess my concern is too that the trailway that is there must be a true trailway and have true access and I don't know how we're going to go about assuring that. I wish somebody, maybe Roger could address that. Is there someway we can assure that that remains to be a true access for the children to get to school? Roger Knutson: The purchase agreement says it and it's going to be the City's trail so you're guaranteeing it. Councilwoman Dimler: Wb are guaranteeing it? Roger Knutson: As long as you're sitting here you can make sure it happens. Councilwoman Dimler: Well that's good news. Don Kelly; Did you mean the entire trail or just the water tower portion? Roger Knutson: The water tower portion is all I'm talking about. Councilwoman Dialer: okay, your concern was that the entire trail be a true access. Well that was my question. How do we guarantee that it remains a true trail? Do we have anyway of doing that? Roger Knutson: As far as this particular piece of property goes, 6(a) of your Purchase agreement says you're going to do it. Councilwoman Dimler: Yes. But I mean the other portion. We can't really guarantee it? Roger Knutson: You don't own it. Councilwoman Dimler: That's not ours to decide. 22 CitY Council Meeting - October 23, 1989 Mayor Chmiel: I think something like that would have to be worked out with the residents and staff at this time along the 65th Street portion and not just verbalness but to have it done. Councilwoman Dimler: Other than that I think it's a good agreement. I think the City gains. I think Mr. Kreidberg gains and I think if we have the access there, that the neighbors gain as well. Councilman Workman: Hadn't we decided that there was going to be a fence across there? Is there going to be a fence across there? Maybe the access for this Parcel could be somehow notify the neighbors of the design of what kind of a fence because if it's 10 foot wide and we're going to still have trucks getting through there? Roger Knutson: 6(b) of your purchase agreement, pargraph 6(b) says it's going to be a controlled access gate. Councilman Workman: In that light then, perhaps neighborhood input once again be used to make a decision. There's all sorts of different ways that we can, I mean that's pretty broad so when it comes down to bikes or whatever happens to be at that time, that the neighborhood once again be asked. Get together with the neighborhood and find out what kind of a gate. I thought we had a concern or there was a concern both by buyer and neighbors that this lot's going to become part of your lot? Gil Kreidberg: That is correct. Councilman Workman: Are we going to have as a condition in here that that realistically it becanes a part of the lot, realistically he could then subdivide? Mayor aYmiel: No. That's not the intent. Gil Kreidberg: Not at all. I have no problEm with incorporating it in my lot. Councilman Workman: Is it in there? Councilwoman Dimler: It says no home would ever be built on it. Councilman Workman: Where is that exactly? Gil Kreidberg: It's in the purchase agreement. Councilman Workman: You probably have one with more detail. Gil Kreidberg: Yeah. Gary was very specific in laying that out. Councilman Workman: Is that in there somewhere Gary? Councilman Boyt: Yeah. Mayor Chmiel: We discussed that I think last time. 23 City Council Meeting - October 23, 1989 Councilman Workman: When you have to read War and Peace before every Council meeting it gets, but those are my only concerns then that that be looked at and that we also look at that other. I know for at least a year now I've had people question me about the trail situation up there in regards to the other side also and that that be rectified and I know that we somehow, as a City, something slipped through the cracks there and I'd like to see that rectified. Mayor Chmiel: okay. Bill? Councilman Boy t: Well I'm for the sale. I think it clears up a lot of things that came up a year and a half ago and it was such a relief to have Mr. Kreidberg say that he was interested in purchasing the property so I agree. I've thought a couple times that the trail issue was resolved. It clearly isn't and my personal bias is I think there's a combination of former city staff and developer that sort of each chose to interpret what they wanted to and do, in this case, the developer did what he wanted to do and I'd like the City to pursue that. I would move approval... Mayor Chmiel: Can I put my two cents in? Councilman Boyt: Oh! I'm sorry. Mayor Chmiel: I'm also in complete agreement with the sale of the property but the position as I indicated when Ursula was talking is that the staff should work out the problem with the residents along 65th as far as the balance of that trail is concerned. I see no reason why we shouldn't come up with a motion at this particular time. Don Kelly: I'm also definitely in favor of converting this property to a nice taxable use and I'm all for trees and kids and things and I think that's going to work out very nicely. But one of the issues I raised with Mr. Ashworth was that here we have $30,000.00 of windfall revenue that is going to vanish. I don't know exactly where it goes. In the staff's presentation it says that the money will be used for development of the roadway and the path and so forth and of course it's talking about the roadway and the path by the water tower. I suggest that you amend that to leave that money available until the entire issue of the path is decided in case there are expenses in acquiring the rest of the path so that money can be used for the development of the path to 65th Street. I have for_8 years been communicating with city and staff and I've been told that we'll get back to you and that it's going to be caning up. 'There will be a hearing and we'll let you know before it happens and so forth. I don't know exactly how to go about that. Mayor C!miel: I think that we can probably give that direction to staff and possibly if you don't hear something within a very short period of time, like within... Don Ashworth: I'm not sure what's going to. What is it? Mayor Chmiel: Make sure that you're coordinating this with the people within the area as to what's going to develop with the balance of that path of the trail system that is going along the portions that were previously shown and come up with some kind of a conclusion so that the access is there for the utilization of everybody within that particular area I guess. 24 City Council Meeting - October 23, 1989 Don Ashworth: We would be ready to put it onto a City Council agenda within a short period of time. What I'm hearing the Council say is that they'd like to see staff potentially meet again with that group of owners before the thing comes back to city Council? Again, if I'm hearing you correctly, we've been told by the owners of Lots 3, 4 and 5 that they will fight condemnation. The City Attorney has advised that Ostrom was responsible to obtain those easements. Record them and the City does have the ability to go back and seek, to obtain the easements and then to bill Mr. Ostrom for that. A question is really whether or not we're going to be reimbursed for that. What I'd like to be able to do is to prepare a report, I guess I'd like to be able to meet again with the owners out there. Explain that there is a strong possibility that the City would start that condemnation process and then to put the item onto a future agenda for a decision. So I guess we'd start our informally. That should be able to be accomplished within a 2 week period of time. Then to take and have it back potentially to City Council within 2 weeks after that. Mayor Chmiel: I would hope that there would be sort of a friendly acquisition rather than condemnation. Don Ashworth: I don't think that would be possible. Mayor Chmiel: Okay. We have a motion. Councilwoman Dimler: Would you repeat the nation please? Wayne Fransdal: If I could make one final conment. That the review of the access for this trailway and the neighborhood input, that the neighborhood be defined more than the 6 or 8 lots on the Ostrom development. There are other neighbors that are equally as concerned and involved. Councilman Boyt: I believe the motion is to approve the sale of the property with the noted conditions. I would be open to also adding to the motion that the $30,000.00, since that's what it is, $30,000.00 received from the sale be expended on the property per the City Engineer's recommendation previously and that any surplus be held until the issue of the second trail access is resolved. Councilwoman Dimler: Second. Councilman Boyt moved, Councilwoman Dinner seconded to approve the sale of a Portion of the property at the Murray Hill Water Tower site to Gil Mr. Gil Kreidberg with the condition of making such a part of his existing lot and that the $30,000.00 received from the sale be expended on the property per the City Engineer's recommendation previously and any surplus be held until the issue of the second trail access is resolved. All voted in favor and the motion carried. PUBLIC HEARING: MARKET SQUARE PARTNERSHIP, SOUTHWEST CORNER OF WEST 78TH STREET AND MARKET BOULEVARD: A. PUBLIC HEARING FOR VACATION OF A PORTION OF WEST 78TH STREET. Paul Krauss: If I can address the vacation of 78th Street. It was my understanding that we were going to do the vacation of 78th Street in 25 Page I of I Generous, Bob From: Srehild200@aol.com Sent: Wednesday, November 14, 2007 11:12 AM To: Generous, Bob Subject: 6444 Murray Hill Proposed Subdivision This is the email previously sent to you and the city. Yours did not go through because I did not have the right spelling. The sale of the proposed subdivided lot would result in a property that will not conform to the other properties in the Murray Hill Road cul-de-sac neighborhood. However, it probably will conform to the properties across the street at 6486, 6488 and 6490 Murray Hill Road, which was a recent obvious mistake by the City that allowed a builder with questionable legal and professional abilities to maximize the division of an existing lot by constructing three unattractive houses for questionable financial purposes. This parcel should have been divided into two instead of three sites, which would have ensured a development more conforming to this Murray Hill Road neighborhood. These houses remain unsold and detract from the neighborhood and adversely affect two houses, including the subject, that are presently for sale for normal reasons in this neighborhood. The proposed lot is not nearly as desirable as lots that have sold for well over $200,000 and so will probably sell for a price that would result in the construction of a house that would be well below the quality and values of adjacent homes, but more similar to the problem properties across the street. The existing house is in good condition and has been well maintained by the present owner. Does the buyer really believe that he can buy the total property for $650,000 and sell the house on a smaller lot for $700,000 in this market? Even if some minimum cosmetic updating were done, this is an unreasonable expectation, or maybe an intentionally misleading statement. If more extensive remodeling -redecorating were done, the profit from a resale is less plausible. After development expenses, rehabilitation expenses and selling costs, obviously the profit from the subdivision would come from the proposed new lot. Although it could conform to the mistakes across the street, it does not conform to other property sites in this neighborhood. Is it worthwhile for the City to allow the buyer to acquire a short term profit of maybe $50,000 to $100,000 maximum and have the same or larger amount be a negative influence on the values of other neighborhood properties? The neighborhood certainly does not think so. Sampson R. Child, MAI 6482 Murray Hill Road Chanhassen, MN 55331 See what's new at AOL.com and Make AOL Your Homenage. 11/14/2007 Page 1 of 2 Generous, Bob From: Gerhardt, Todd Sent: Tuesday, November 13, 2007 10:12 AM To: Generous, Bob Subject: FW: 6444 Murray Hill Road Proposed Subdivision From: Tom Furlong [mailto:tFurlong@apexfsi.com] Sent: Tuesday, November 13, 2007 8:20 AM To: Gerhardt, Todd Subject: FW: 6444 Murray Hill Road Proposed Subdivision From: Srchild200@aol.com Lmailto:Srchild200@aol.com] Sent: Monday, November 12, 2007 11:28 AM To: council@ci.chanhassen.mn.us Cc: bgenerus@ci.chanhassen.mn.us; jrd4666@yahoo.com; kdd2368@yahoo.com; jane@qrhomes.com Subject: 6444 Murray Hill Road Proposed Subdivision The sale of the proposed subdivided lot would result in a property that will not conform to the other properties in the Murray Hill Road cul-de-sac neighborhood. However, it probably will conform to the properties across the street at 6486, 6488 and 6490 Murray Hill Road, which was a recent obvious mistake by the City that allowed a builder with questionable legal and professional abilities to maximize the division of an existing lot by constructing three unattractive houses for questionable financial purposes. This parcel should have been divided into two instead of three sites, which would have ensured a development more conforming to this Murray Hill Road neighborhood. These houses remain unsold and detract from the neighborhood and adversely affect two houses presently for sale for normal reasons in this neighborhood. The proposed lot is not nearly as desirable as lots that have sold for well above $200,000 and so will probably sell for a price that would result in the construction of a house that would be will below the quality and values of adjacent homes, but more similar to the problem properties across the street. The existing house is in good condition and has been well maintained by the present owner. Does the buyer really believe that he can buy the total property for $650,000 and sell the house on a smaller lot for $700,000 in this market? Even if some minimum cosmetic updating were done, this is an unreasonable expectation, or maybe an intentionally misleading statement. If more extensive remodeling -redecorating were done, the profit from the resale is less plausible. After development expenses, rehabilitation expenses and selling costs, obviously the profit from the subdivision would come from the proposed new lot. Although it could conform to the mistakes across the street, it does not conform to other property sites in this neighborhood. Is it worthwhile for the City to allow the buyer to acquire a short term profit of maybe $50,000 to $100,000 maximum and have that same or larger amount be a negative influence on the values of other neighborhood properties? The neighborhood certainly does not think so. Sampson R. Child, MAI 6482 Murray Hill Road Chanhassen, MN 55331 11/13/2007 See what'. 11/13/2007 Page I of 2 Generous, Bob From: Gerhardt, Todd Sent: Tuesday, November 13, 2007 10:12 AM To: Generous, Bob Subject: FW: Subdivision of 6444 Murray Hill Rd. Attachments: Neighborhood news.jpg; CC100188.pdf From: Tom Furlong [mailto:tfurlong@apexfsi.com] Sent: Tuesday, November 13, 2007 8:21 AM To: Gerhardt, Todd Subject: FW: Subdivision of 6444 Murray Hill Rd. From: Jane Quilling [mailto:jane@QRHomes.com] Sent: Monday, November 12, 2007 9:54 AM To: council@ci.chanhassen.mn.us Subject: Subdivision of 6444 Murray Hill Rd. Mayor and City Council Members, Our addess is 2155 Murray Hill Ct., Chanhassen. We own the property adjacent to the trail to the water tower next to the property in question. When we built this home it was with the understanding that the Kreidberg property would not be subdividable. We are adamantly opposed to the subdivision of this property. Please thoroughly read the attachments which highlight the intent of the City Staff, Planning Commission and City Council at the time of the sale of this property to the Kreidbergs in 1990. The current staff report provides background regarding the original purchase. On page 3 of 9, the report indicates that the 3rd condition of the sale of the city land to the purchaser require that the property not be further subdivided or any new residences be built on the site. "The neighborhood was opposed to the creation of the new lot since the parcil was heavily wooded and they felt that it should be preserved in its natural state. Additionally, the neighbors were opposed to an additional single-family home on the site." The neighborhood is still opposed to this subdivision and another home being built on this lot. That has not changed. Only the city administration has had some changes. If this were a routine subdivision, we would completely understand that the sellers were within their right to subdivide and sell the property as they wished. This situation is different. This city -owned property was sold without opening up a public bid process and sold at 25% off of the appraised value at the time. The terms of the sale included construction of a fence, an easement for the trail and that it was an unbuildable lot in the future. These terms were accepted by the purchaser and the reason for the lower price. Reading through the history of this property it is extemely evident that the city staff, planning commission and city council at the time meant for this property to never be subdividable in the future. If somewhere there was a lack of due dilligence to record this condition with the county, the city is responsible for rectifying the situation. To allow this property to be subdivided now would demonstrate a reckless disregard of the residents and the past administration. 11/13/2007 Page 2 of 2 We ask that you vote responsibly and ethically rejecting the subdivision of this land. We appreciate your time and attention to this matter. Jane and Dan Revsbech 2155 Murray Hill Ct. 952-470-2299 11/13/2007 Neighborhood News Proposed Subdivision of 6444 Murray Hill Rd. On Monday, November S. we met with Peter Knaeble of Terra Engineering, He is one of the principals purchasing the Kreidberg residence. for $650,000. The intention of the purchasers is to remodel the existing home ac 6444 Murray HIII Rd and resell it for ap- proximately $700,000 listing it for sale in February. They have applied with the city of Chanhassen to subdivide the property and sell that lot with a list price of $249,900. A sin- gle family home would then be built on this site. They are currently marketing this site to builders. The city of Chanhassen owned the property that is currently under consideration for subdivision. The Kriedbergs purchased the lot in 1990 from the city for $30,000. The plan- ning commission, the city council and the city staff placed a condition on the sale. "The property cannot be farther subdivided or any new resi- dences be built on the site." The Krieidbergs cleaned up the lot and incorporated it nicely into their own yard accepting the condition of the sale. The city acknowledged the importance of a fence re- quiring Kriedbergs to build one which may have been the rea- son for selling under appraised value. The neighborhood was in- volved and a significant deter- ming factor in the sale , the adjacent trail and tree preser- vation. Unfortunately, the cur- rent city staff and planning commission have recom- mended that the lot be subdivided now. Com- pletely reversing the posi- tion and the intention of the past administration and the neighborhood. We strongly encourage you to make your opinion known to the city council PRIOR to the meeting on Tuesday, Nov. 13. We have provided contact information and attached addi- tional details on the prior sale. We have a full file and would be happy to attempt to answer any questions. Neighbors were surprised by a semi tmdc driving down the nail to deposit a building to house equipment for the Cingubr antennae. "in 1987, the City began meeting with the Murray Hill neighbors with the intention of subdividing Lot 31. Murray Hill, and selling a portion of the lot, ... The neighborhood was opposed to the creation of the new lot since the parcel was heavily wooded and they felt that it should be preserved in is natural state. Additionally, the neighbors were opposed to an additional single family home on the site." Three New Homes on Murray Hill Rd., 3 Charged The principals of the new homes at 6486, 6488, 6490 Murray Hill Rd. were charged with racketeering and theft in connection with an alleged mort- gage fraud scheme that included property -flipping Eight courts were filed against Scott R. Rosenlund, president of I OSpring Builders, Celeste Skaar, owner of New Day Capital and Shinon Lindberg, owner of Valleyview Development The homes on Murray Hill Rd. have been completed for over a year, but were never listed for sale on MLS. We have contacted I OSpring and an attorney who has entered into title on the homes to request that they be maintained and winterized. Valleyview and I OSpring have built homes in several local neighborhoods including Powers and Lake Lucy Rd., and Hwy. 101 and Fox Hollow in Chanhas- sen. 6451 Fox Drive once listed for $899,000 is now priced at $600,000 and is in the foreclo- sure process. We are concerned about the impact these will have on home sale prices. Dan and Jane Revsbech Volume I. Issue I 1 1 092007 City Council Meeting November 13, 2007 at 7.00 Email addresses: coundl@d. chan h ossers"n. as bgenerus@dchanhossen.mn.us Or calf 952-227-1131 Chanhassen website www. d. chanhossen. m mus Dan and Jane 952-470.2299 2155 Murray Hill Ct special points of inter- est • T-Mobile constructed a cell phone tower on the water tower this year. The city notified residents because avadance was required for a fence height over City code. e Cingular constructed a 2nd tower on the water tower. Notification to neighbors is not neces- sary according to City staff even as a courtesy. • 4 more could be added 6444 Murray Hill Road Page 1 of 1 Generous, Bob From: Gerhardt, Todd Sent: Tuesday, November 13, 2007 10:12 AM To: Generous, Bob Subject: FW: 6444 Murray Hill Road From: Tom Furlong [mailto:tfurlong@apexfsi.com] Sent: Tuesday, November 13, 2007 8:20 AM To: Gerhardt, Todd Subject: FW: 6444 Murray Hill Road From: Carol Riese [mailto:riesecarol@qwest.net] Sent: Tuesday, November 13, 2007 7:19 AM To: council@ci.chanhassen.mn.us Subject: 6444 Murray Hill Road Good Morning: I am writing concerning the proposed division of the 6444 Murray Hill Road property. We will be out of town or we would be at the meeting this evening and that's the reason for this email. My husband and I are very much opposed to the sub -dividing of the Kreidberg property and would like to voice our opinion on this issue. In light of the recent Shinon Lindberg mess on the corner of Murry Hill Road and Melody Hill and impact this situation will have on our neighborhood and home sales; We would appreciate if the city took a long hard look at what is now being proposed for Kreidberg's property. Adding yet another home in this area would mean the destruction of more trees and natural habitat & additional traffic. The Kreidberg lot is heavily wooded and many trees would be lost if subdividing is allowed. The past administration decided the Kreidberg property was not to be sub -divided. We'd like to know what has changed to reverse that decision. We trust the city planning commission and city staff to do the right thing with this property and we feel, as do most of the neighbors here allowing the sub -division of 6444 Murray Hill Road is NOT the right thing. Sincerely, Mark & Carol Riese 6320 Murray Hill Road 11/13/2007 Page 1 of 2 Generous, Bob To: kdd2368@yahoo.com Cc: Aanenson, Kate; Gerhardt, Todd; Knutson, Roger Subject: Planning Case #07-26 Attachments: staff report.doc; PO4-DETAILS Layoutl (1).pdf; P01-SITE Layoutl (1).pdf; P02-EXISTING Layoutl (1).pdf; P03-GRADING Layoutl (1).pdf John and Kathryn De Smet: Mayor Furlong has requested that I contact you regarding the proposed subdivision of the land at 6444 Murray Hill Road. The City of Chanhassen has approved a comprehensive plan that guides development in the City of Chanhassen. It has also adopted a subdivision ordinance and zoning ordinance which provides the standards and requirement for the development of the land within the community. These regulations are adopted to provide more certainty for property owners in the permitted uses of their land. Additionally, it protects all property owners of similarly zoned property by limiting the development of the land to what is prescribed by the zoning. Zoning provides a level of assurance of the development of property. The Murray Hill area is guided for Residential - Low Density land uses. This land use permits residential densities of 1.2 - 4.0 units per acre. The property at 6444 Murray Hill Road is zoned Single -Family Residential, RSF. The RSF zoning is consistent with the Residential - Low Density land use designation. The standards for RSF property are minimum lot area of 15,000 square feet, minimum lot frontage of 90 feet and a minimum depth of 125 feet. As can be seen below, the development exceeds the minimum City standards. Based upon City regulations, there is no basis for denial of the subdivision. COMPLIANCE TABLE Area (square feet Frontage feet Depth feet Notes Site Coverage Percent Code 15,000 90 125 0.34 acres 25 Parcel A 19,212 100 210 0.44 acres 23.4 Parcel B 30,859 218 290 0.71 acres 21.5 Total 50,071 1.15 acres The City's discretion in approving or denying a plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the plat. This is a quasi judicial decision. While this City Council can do whatever it wants regarding the subdivision, my recommendation to them would be to approve the development, since it meets all the standards of the zoning ordinance and is consistent with the comprehensive plan. They are acting in a quasi-judicial manner, which could be enforced via legal action at the district court. Were the City Council acting in its legislative capacity and reviewing the rezoning of the property, then the City would have greater flexibility in denying the application. It is my opinion that denial of the subdivision would be arbitrary and capricious (it meets City standards and is consistent with the approved comprehensive plan), something that can be overturned in the courts. The development of the other property on Murray Hill Road and vacancy of the homes is due to market conditions, which are being experienced nationwide, not only in Chanhassen. The City does not have many new land subdivisions coming through the process due to this issue. Most major developers are trying to sell existing inventory of lots before creating any new home sites. There are vacant homes throughout the City. The new home site from the proposed subdivision would be sold to an individual builder. Fewer builders are building "spec" homes due to the market conditions. It is unlikely that a home would be constructed on the site without a buyer. The City has established construction practices which builders and developers must follow. As you stated in your email, when the developer was not doing what was correct, the City stopped them and had them correct the problem. City streets are designed to accommodate construction traffic as well as other heavy trucks, e.g., buses, garbage trucks, moving trucks, etc. 11/8/2007 Page 2 of 2 I hope this answers your question. I have attached a copy of the staff report and development plans for your information. If I can be of further assistance, please let me know. Robert Generous Senior Planner City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerous@ci.chanhassen.mn.us 11/8/2007 Page 1 of 3 Generous, Bob From: Jane Quilling Dane@QRHomes.com] Sent: Wednesday, November 07, 2007 2:06 PM To: Generous, Bob Subject: RE: Pleasant Hills 2nd Addition Metes & Bounds Subdivision City Council Staff Report :•. Our fax number is 952-401-0880. We do appreciate all of your help with answers here. We are just so unhappy with everything that has transpired to the top of this hill over the last two years. The value of our property has been significantly reduced with each change that the city has allowed in order not to be arbitrary and capricous to others. We had to endure the mess created across the street while 3 homes were being built. Those 3 homes have sat complete and vacant for over a year now. Who knows what will happen to them along with all of the other properties they own or their straw buyers own now that Shin -On Lindberg and 10Spring have been indicted. The city notifiied us of one cell phone tower to be added to the water tower, but failed to inform us that opening the door led to potentially several more. The reckless disregard for our property when the 2nd cell tower was added was extremely upsetting. The increase in traffic forced us to install a fence this summer at our expense. This latest development when we were assured that this property would not be subdivided when we made the decision to purchase is sincerely frustrating. We are sincerely disappointed with how badly Chanhassen is treating it's constituents in favor of business and developers. Jane and Dan Revsbech From: Generous, Bob[mailto:bgenerous@ci.chanhassen.mn.us] Sent: Wednesday, November 07, 2007 11:53 AM To: Jane Quilling Subject: RE: Pleasant Hills 2nd Addition Metes & Bounds Subdivision City Council Staff Report Jane: Based on the information I reviewed, the City was within its rights to sell the property as it did and was not "unethical". But that is beyond the scope of my review for the proposed subdivision. An appraisal was done and the property was sold. Were you aware of any one else making a "better" offer for the land? I found the minutes from October 23, 1989. If you give me your fax number, I will send the City Council minutes. Legislative acts are acts which regulate the use of property. In the City, they include approval of the Comprehensive Plan including land use guiding, and approval of the Zoning ordinance and property zoning. Quasi-judicial acts are those which require reviewing compliance with existing standards, e.g., subdivision approval, site plan approval, conditional use permit approval, variances, building permits, etc., which compare a project to standards for the property, such as minimum lot size, lot width, lot depth, etc. 11ni2007 Page 2 of 3 The proposed development complies with the City Code as it relates to tree preservation. Without a tree conservation easement or some other restriction, I can not stop tree removal. :�I From: Jane Quilling [mailto:jane@QRHomes.com] Sent: Wednesday, November 07, 2007 10:56 AM To: Generous, Bob Subject: RE: Pleasant Hills 2nd Addition Metes & Bounds Subdivision City Council Staff Report Bob, It seems unethical for the city to allow this site to be subdivided given the initial sale of the property from the city was not advertised for sale to the general public. The previous planning commission and the city council were particularly concerned about the perception of inpropriety if this lot were subdivided for profit in the future. I would like the minutes of the follow-up city council meeting after Sept. 25. Who makes the decision to work is a quasi-judicial manner vs. a legislative manner reviewing the re -zoning of the property? Also, the current sellers tree cleared in preparation for sale. Now the new owner wants to tree clear significantly. Allowing this tree clearing is in direct opposition to the conditions of sale in 1990. Jane. Revsbeciv From: Generous, Bob[mailto:bgenerous@ci.chanhassen.mn.us] Sent: Wednesday, November 07, 2007 9:51 AM To: Jane Quilling Subject: RE: Pleasant Hills 2nd Addition Metes & Bounds Subdivision City Council Staff Report Jane: A City Council cannot preclude a future City Council from execising its review progative as it sees fit. For subdivision review, the City Council is acting in a quasi-judicial manner to determine whether a proposed development meets the standards established by City Code. While City Council may do whatever it feels is best or appropriate, unless it enters in to a binding, legal, multi- year contract, a new City Council could reverse the conditions or create conditions in direct opposition to the initial conditions, subject to the following limitation is state statute.. Minnesota Statutes, section 462.358 subdiv. 3c states: For one year following preliminary approval and for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a 11 /7/2007 Page 3 of 3 new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. After this time period expires, the next City Council could do whatever it deems appropriate. That is the reason we had the City Attorney's office check the title for the property, to determine if convenants (i.e., a contract) was record against the property. While this City Council can do whatever it wants regarding the subdivision, my recommendation to them would be to approve the development, since it meets all the standards of the zoning ordinance and is consistent with the comprehensive plan. They are acting in a quasi-judicial manner, which could be enforced via legal action at the district court. Were the City Council acting in its legislative capacity and reviewing the rezoning of the property, then the City would have greater flexibility in Bening the application. It is my opinion that denial of the subdivision would be arbitrary and capricious (it meets City standards and is consistent with the approved comprehensive plan), something that is reversible in the courts. I hope this answers your question. If I can be of further assistance, please let me know. :.. From: Jane Quilling [mailto:jane@QRHomes.com] Sent: Tuesday, November 06, 2007 4:56 PM To: Generous, Bob CC: batz1001@att.net Subject: RE: Pleasant Hills 2nd Addition Metes & Bounds Subdivision City Council Staff Report Under the Proposal/Summary on page 2 "Staff had the City Attorney's office check the title records for the property to determine if covenants or other restrictions were recorded against the property, limiting the ability to subdivide. They could not fnd any such documents. One of the conditions of the 1990 subdivision approval, restricting the further subdivision and construction of a new residence ont eh property, does not bind this City Council." Why not? Ian& QudU+i,W Revsbe ch. From: Generous, Bob [mailto:bgenerous@ci.chanhassen.mn.us] Sent: Tuesday, November 06, 2007 3:26 PM To: Jane Quilling Subject: FW: Pleasant Hills 2nd Addition Metes & Bounds Subdivision City Council Staff Report Jane: Attached is the staff report. Bob 11/7/2007 Page I of 2 Generous, Bob From: Peter Knaeble [knaeble@att.net] Sent: Monday, November 19, 2007 4:08 PM To: Generous, Bob Cc: Fischer Johnson, Sarah Subject: Re: Pleasant Hills 2nd Metes and Bounds Bob, We are requesting the withdrawl of our subdivision application per our recent discussion. Please refund our application fees as we discussed. Peter Knaeble ----- Original Message ----- From: Generous, Bob To: Peter Knaeble Sent: Monday, November 19, 2007 2:40 PM Subject: RE: Pleasant Hills 2nd Metes and Bounds Peter: I need your request for withdrawal of the subdivision application by Tues., November 20, 2007, or I will have to prepare an update for the City Council for the November 26, 2007 agenda. As part of your withdrawal, please request the refund of your application fees. :.. From: Peter Knaeble [mailto:knaeble@att.net] Sent: Tuesday, November 13, 2007 3:19 PM To: Generous, Bob Cc: Fischer Johnson, Sarah; Matt Pavek Subject: Re: Pleasant Hills 2nd Metes and Bounds Bob Generous, Per our discussion, we are requesting that the subdivision proposal for 6444 Murray Hill Road be tabled until the 11/26/07 City Council meeting. Peter Knaeble, PE Terra Engineering Inc. 6001 Glenwood Ave. Minneapolis, MN 55422 (612-309-9215 cell) (763-593-9325) (763-512-0717fax) knaeble@att.net ----- Original Message ----- From: Generous, Bob To: knaeble@att.net Sent: Tuesday, November 13, 2007 11:41 AM Subject: Pleasant Hills 2nd Metes and Bounds 11 / 19/2007 Page 2 of 2 Peter: Attached is the purchase agreement for the property. It clearly states that the buyer, Gilbert Kreidberg and Jillene Kreidberg, agreed to the following encombrance on the property: " 1. e) A covenant to run with the land that no building may be constructed on the subject property." I found this late Fri. in the public works file for the water tower. This completely changes staff's interpretation of the situation. I will be contacting you on how you would like to proceed. :.P Robert Generous Senior Planner City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1131 bgenerous@ci.chanhassen.mn.us 11/19/2007 bJ-24-V Notice of Public Hearing Chanhassen City Council Meeting Tuesday, November 13, 2007 at 7:00 p.m. This Date & Time: hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Metes and Bounds Subdivision Applicant: Golden Valley Land Company/Gilbert & Jillene Kreidber Property 6444 Murray Hill Road Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed at the Meeting: project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the Citys projects web page at: www.ci.chanhassen.mn.us/sery/r)lan/07- 26.html. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at baenerous@ci.chanhassen.mn.us Comments: or by phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. SCANNED This map is neither a legally recorded map nor a surrey and is not intended to be used as one. This map Is a compilation of records, Information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data win be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in Me depiction of geographic features. If aeons or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Mnnesots Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives an claims, and agrees to defend, indemnify, and hold harmless the City fro. any and all claims brought by User. Its employees or agents, or third parties which arse out of the user's access or use of data provided. 049J82036654 f t $ 00.410 d 11/01/2007 CITY (►"gam . Mailed From 55317 4 + U POSTAGE 'SEN - �9 0 . o-A ward � � -10 'OL, ota 55317 N RECEIVED ,dSSefinn.uS NOV 0 6 2007 CITY C, CRAsIHASSEN IND SCHOOL DIST 276 261 SCHOOL AVE EXCELSIOR , MN 55331 -1987 SI.ANNED NIXIE .S53 DE 1 00 11/03/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: PSS017014747 *0778-01939-01-43 III IIn IIIII III,I 1111111111111111 IIL11IILIILI 11111II11ILII n-7-zso CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.07-26 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Tuesday, November 13, 2007, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Metes and Bounds Subdivision on property located at 6444 Murray Hill Road. Applicants: Golden Valley Land Company/Gilbert & Jillene Kreidberg. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sere/plan/07-26.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bQenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on November 1, 2007) SCANNED 6-7 -2-1c, CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 10/17/2007 1:10 PM Receipt No. 0055011 CLERK: katie PAYEE: Golden Valley Land Company Planning Case 07-26 Pleasant Hills 2nd Addition Metes & Bounds Subdivision ------------------------------------------------------- Use & Variance 300.00 Sign Rent 200.00 Recording Fees 326.00 Total Cash Check 5163 Change 826.00 0.00 826.00 0.00 SCANNED 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 General Phone: 952-227-1100 Adminis Mdve Far 952-227-1110 Bidglintpections Far 952-227-1190 Engineering P= 952-227-1170 Pa"ecreation Far 952-227-1110 - - Planning Far 952-227-1110 Public WorksFar 952-227-1310 Recreation Center Far 952-227-1404 Web Address: www.cEchanhassen.mn.us FAX COVER SHEET Date: /! Company: Attention: -AQ "t --e— Fax Numbers 9 SZp l —p $fib Sent By:b Direct Dial Sending /y pages, including cover page. Ed Please find the information you requested ❑ Please review and call me ❑ Please call to confirm receipt of this fax El If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. F Northwest Corner of Lo! 1. Block I S 89"59 27" W 210.00 G.a-sg= cad UfiA:y Easements woo vscce o ° i Parcel A 19,212 SF o wy LOT Proposetl Cralna e and :; == 9 UNpy Ecsv.eots I a1 S 89'59 27" A �r?PROPOSFDJMSION I o LINE 113.7E a -- Northeast Corner of Lot 1. 9: ck 1 G^inane o.nd unr� Easemens _ o _L �� • �l D�65 � � � � �- _ � I � Deck (,' �� • � ~�C�' l /1 Oti Parcel B & 30.861 SF p • Denotes iron monument toind DEMARS-GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Plymouth, MN 55447 Phone:(763) 559-0908 Fox :(763) 559-0479 X A=42'15'01" R= 23.49 L= Z8.28 —B 9k ti0t' I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duty Registered Land Surveyor under the Laws of the State of Minnesota. David E. Crack Date: Ig ;Z 7 Minn. Reg. No. 22414 File N3. 13495 B Book —Page 1w=40' v by Proposed Property Descriptions PARCEL A CITY OF CHANHASSEN RECEIVED OCT 12 2007 O%HASSEN PLANNING DEPT That part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying northerly of a line drown from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof. PARCEL B All that port of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof. Proposed Easement Descriptions PARCEL A A drainage and utility easement over, under and across the south 6.00 feet of the following described property: That part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying northerly of a line drown from a point on the east line of said lot 700.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof. PARCEL B A drainage and utility easement over; under and across the north 6.00 feet of the following described property: All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying souther/y of a line drown from o point on the east fine of said lot 100.00 feet south of the northeast comer of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. PROPOSED LOT DIVISION CERTIFICATE OF SURVEY FOR: GOLDEN VALLEY LAND COMPANY OF Lot 11 Block 1, PLEASANT HILL 2ND ADDITION SCANNED ASS CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. O CITY OF CHANHASSEN RECEIVED OCT 12 2007 CHANHASSEN PLANNING DEPT Owner Name and Address: &;I h r-+ ��/SiIIf�e/ Kr-e" gLqqlr��crc LLIA"I45seh. HAJ 55331 Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Y_ Notification Sign - $200 (City to install and remove) x Escrow for Filing Fees/Attorney Cost" Site Plan Review (SPR)' 326 - $50 CUP/SPRNACNARNVAP/Metes & Bounds - $450 Minor SUB Golider\ �Jcil L4r G1 Subdivision- �`�� TOTAL FEE $ OZ 6 OJ e-"I-, 3 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8Y:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (`.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 4:24 V5415?:' NA k'AL7Y CH :%i1LBERT V `,L PROJECT NAME: (qtj 1 A rra •7 l T � I l l K/ + • `�'� LOCATION: ��y �r�/J, W.II gel, LEGAL DfiSCRIPTION: � � � 61, C L I ► tin s TOTAL ACREAGE: I I UY S WETLANDS PRBSWT: YES k NO PRESENTZONING: REQUESTED ZONING PRESENT LAND USE DEICNATION: �s+roL Lew (/Rns_1� REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: o vl and raqui ed by sp oaMl ee Clry be comtoleted In ,IOrdh+anee pteve laand be gs. or ore filing this appl,oahon, you MOW bov�wV the PtarsdngDepartrenttodeterminethe ebeddeordhanaendprooedurelnsquiralnm appkabIawyourePpeosdoh. A detertnina60n of completeness of the spPlbetbn shah be made Wthln IS business days of app io0tlon sutmetal. A written notice of spocation defld idee etiall be mded to the applicant within IS Wallow days of spocatbn. This to to certify that I am maMtq ePPkW lon fbf the desarlbed scrim by the ON and Yiat 1 em I'MPomsble for oornpMn9 wtn all City requirements vA h regard to the requeat This aFoicvton ahould be processed In my name and I am the party wham the ply should contact regarding any matter pertainhg to this applieatlon. I haw attaeMd a oopy at proof of wMelship (elther copy of Owners Duplicate Ccilliale 'M, Abftd N, 'itle or puroheae agreemerd), or I am the emrlhalted Anson to Maim this spowdon and the fee owner has also signed this *01 atlon, I wfl keep myself IntIomed of the deedlbros for submisew of matenel and the progress of thls apokstion• I further uncerstortd that a tonal fees may be charged for corsurirg fees, fwelbiltty OAM etc with an eabmate prier to any whorhmilon to Proceed with the 6tudy, The doWmems and InIa lion I hawe submitted are bue ark OMTett to the test of i0 9 o Ike lalei QI Dets SCADINED MEMORANDUM TO: Robert Generous, Senior Planner C111 OF FROM: Todd Hoffman, Park & Recreation Director CHM MSEN DATE: October 26, 2007 7700 Market Boulevard PC Bo147 Chanhassen%MN 55317 SUBJ: Park and Trail Conditions of Approval for Pleasant Hills 2°d Addition Metes & Bounds Subdivision Administration Phone: 952.227.11 W Fax. 952.227.1110 I have reviewed this application to determine the current state of park and trail Building Inspections improvements in the area and to recommend conditions of approval regarding any Phone:952.227.1180 additional park and trail amenities. Fax: 952.227.1190 Engineering Parks Phone. 952 227.1160 Fax: 952227.1170 This property is located within 150 feet of the Minnetonka Middle School West Finance Campus. The school is situated on 30 acres and offers tennis, a running track, ball Phone:952.227.1140 fields and open space. No additional park or open space acquisition is being Fax:952,2271110 recommended as a condition of approval for this subdivision. Park & Recreation Phone.952.227,1120 Trajls Fax: 952.227.1110 Recreation Center Murray Hill Road is a cul-de-sac road with no off-street pedestrian improvements. 2310 e:95 .227.1vard Phone:952.227.1400 Pedestrian access from Murrayill Road to the school property is provided via a Y P Pe Y Fax:952,227.1404 gravel and asphalt driveway leading to the municipal water tower and extending through a school boundary fence. No additional trail improvements are being Planning 6 Natural Resources recommended as a condition of approval for this subdivision. Phone: 952.227,1130 Fax:952.227.1110 Recommendation Public Works 1591 Park Road It is recommended that a park and trail dedication fee of $5,800 be collected on Phone:952.227.1300 the newly created lot at the time of subdivision approval in lieu of land dedication Fax:952.227.1310 or trail development. Senior Center Phone: 952.227.1125 g_xparkkh\nurray hill road subdivision.dim Fax: 952,227.1110 Web She www.d.dwhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Page I of 2 Generous, Bob From: Peter Knaeble [knaeble@att.net] Sent: Tuesday, November 13, 2007 3:19 PM To: Generous, Bob Cc: Fischer Johnson, Sarah; Matt Pavek Subject: Re: Pleasant Hills 2nd Metes and Bounds Bob Generous, Per our discussion, we are requesting that the subdivision proposal for 6444 Murray Hill Road be tabled until the 11 /26/07 City Council meeting. Peter Knaeble, PE Terra Engineering Inc. 6001 Glenwood Ave. Minneapolis, MN 55422 (612-309-9215 cell) (763-593-9325) (763-512-0717fax) knaeble@att.net ----- Original Message ----- From: Generous, Bob To: knaeble@att.net Sent: Tuesday, November 13, 2007 11:41 AM Subject: Pleasant Hills 2nd Metes and Bounds Peter: Attached is the purchase agreement for the property. It clearly states that the buyer, Gilbert Kreidberg and Jillene Kreidberg, agreed to the following encombrance on the property: " 1. e) A covenant to run with the land that no building may be constructed on the subject property." I found this late Fri. in the public works file for the water tower. This completely changes staff's interpretation of the situation. I will be contacting you on how you would like to proceed. :.. Robert Generous Senior Planner City of Chanhassen 7700 Market Boulevard P. O. Box 147 11/13/2007 Page 2 of 2 Chanhassen, MN 55317 (952)227-1131 bgenerous@ci.chanhassen.mn.us 11/13/2007 PURCHASE AGREEMENT AGREEMENT made this 304'(� day of OC40661L , 1989, between THE CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter "City"), and GILBERT KREIDBERG and JILLENE KREIDBERG, husband and wife (hereinafter "Buyer"). RECITALS A. City is the owner of certain real property in the City of Chanhassen, Carver County, State of Minnesota, (hereinafter "subject property"), legally described as follows: The southerly 90 feet of Lot 31, MURRAY HILL ADDITION, lying east of a line described as follows: Starting at the south- east corner of Lot 31, MURRAY HILL ADDITION, thence west along the south lot line of Lot 31, 210.00 feet to the point of beginning, thence north on a line parallel to the easterly boundary of said Lot 31. B. Buyer desires to purchase the subject property, and City is willing to sell the same to Buyer, subject to the terms hereinafter set forth. IN CONSIDERATION OF THE FOREGOING, AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 1. Sale of Subject Property. City agrees to sell and convey to Buyer by general warranty deed, and Buyer agrees to purchase the subject property, subject to the following encumbrances: a) Building, zoning, and subdivision ordinances, and state and federal regulations; b) Reservations of minerals or mineral rights to the State of Minnesota; C) Public roads, highways, utilities or rights -of -way; d) Real estate taxes payable in the year of closing and subsequent years, together with all installments of special assessments payable therewith and thereafter, whether heretofore r09 / 25 / 89 SCANNED or hereafter levied or assessed, subject to the provisions of paragraph 5 herein; e) A covenant to run with the land that no building may be constructed on the subject property. 2. Payment of Purchase Price. Buyer shall pay to City as consideration for the purchase of the subject property the sum of Thirty Thousand and 00/100 Dollars ($30,000.00), payable as follows: a) Three Thousand and 00/100 Dollars ($3,000.00) earnest money in cash, receipt of which is hereby acknowledged by City; b) Twenty-seven Thousand and 00/100 Dollars ($27,000.00) in cash, which is the balance of the purchase price, payable on the date of closing. 3. Title and Examination. City shall, within a reasonable time after acceptance of this Agreement, furnish an Abstract of Title or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens. Buyer shall be allowed twenty (20) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, City shall be allowed 120 days to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this Agreement shall be null and void, at option of Buyer, neither party shall be liable for damages hereunder to the other, and any monies paid shall be refunded to Buyer. -2- 4. Closing. The closing of this transaction shall take place on or before November 1, 1989, at such location and at such time as may be mutually agreed upon by the parties. S. Real Estate Taxes. Buyer agrees to pay all real estate taxes and special assessments due and payable in the year 1989 and thereafter. City makes no representation concerning the amount of future real estate taxes. 6. Contingencies. This Agreement is subject to the following: a) The City intends to construct a 10-foot wide driveway/trail access within the City's 20-foot wide parcel which currently abuts the northerly portion of the subject property, which will in all likelihood require the removal of one of the mature pine trees. b) The City intends to construct a controlled access gate to prohibit unauthorized vehicular access, but which can be unlocked by the City for routine servicing of the water tower site. c) Buyer agrees to promptly clean the subject property of debris and to build a fence complying with City ordinances along the westerly and northerly boundary of the subject property. d) Buyer will be allowed to remove the existing split rail fence on City property located east of the water tower. e) The City and Buyer agree to split the subdivision cost required for this transaction which is in addition to the purchase price stated above. Zr tS F/s,cn►GA- u►.os�.srooa *� DE/H+ WA Iti t+l t-1 %54� t-1 I aj Mo.sq 4Lk I-109-iN L. —0 old io+ f) Buyer certifies that they have reviewed this lot split with the residents of the Pleasant Hill Subdivision and have obtained their concurrence with the City's proposal to eliminate one tree and construct the controlled access driveway/trail for routine use by the City for maintaining the Murray Hill water tower and appurtenances. The trail is to be for the enjoyment of the public. 7. Default. If Buyer defaults in any of the agreements herein, City may terminate this Agreement, and on such termination all payments made hereunder shall be retained by Buyer as liquidated damages, time P Lt t-LL CIffWLL &: VAeAfM 8 210,0o rats -3- As. A Pa.+ or— � GA&Tk5L,�l being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement, provided this Agreement is not terminated and action to enforce specific performance is commenced within six (6) months after such right of action arises. In the event Buyer defaults in his performance of the terms of this Agreement, and notice of cancellation is served upon Buyer pursuant to M.S.A. 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of M.S.A. 559.21. S. Notices. Any and all notices required by this Agreement shall be made in writing and delivered personally or by prepaid, certified mail to the parties as follows: As to Sellers: City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 Attention: Don Ashworth As to Buyer: Gilbert and Jillene Kreidberg 6444 Murray Hill Road Excelsior, Minnesota 55331 9. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns, and the provisions of this Agreement shall survive the closing. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ,4*0W4 1:V4 AND CHANHASSEN ty Manager -4- --=-..-- _ - �11 .. __ -5- F_ — — — — — — — Northwest Corner of Lot 1, Block 1 , S 89`59 27" W 210.00 m Drc.-age -nd UtPI;, Easemenis m ^ 1.6 «o ,i Parcel A i a ol0 19,212SF �o o i o rj) to LOT ___._, ' ,= .= •' Proposed Oralnoge and Utility Eas�enfs I S B9'59 27" A ILL '� i �MSION LINE 113.7E A-•� _L •L�• 210.85 oroinaae onC JUGty Ecsemens _ _ _ _ O �, 6 � 1 Parcel B r 30,861 SF F '10* fl F • Denotes iror monument to.md DEMARS—GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lane No. Pymouth, MN 55447 Phone:(763) 559-0908 Fax :(763) 559-0479 A=42015'01 " 8=123.49 / �L=28.28 / gk %6 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Date: Minn. Reg. No. File No. 13495 B Book -Page Scale 1 "=40' - Northeast Corner of Lot 1, eVck ] , CITY OF CHANHASSEN RECEIVED OCT 12 2007 Proposed Property Descriptions CHANHASSEN PLANNING DEP7 PARCEL A A That part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying northerly vof a line drown from a point on the east line of said lot 700.00 feet ze `4 south of the northeast corner of said lot, as measured along the east p Q line thereof to a point west line of said lot 83.00 feet south of the _ Z N northwest comer thereof. a �+4 PARCEL B n o All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drawn from a point on the east line of said lot 700.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. Proposed Easement Descriptions PARCEL A A drainage and utility easement over, under and across the south 6.00 feet of the following described property: That part of Lot 7, Block 1, PLEASANT HILL 2ND ADDITION lying northerly of a line drown from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof, PARCEL B A drainage and utility easement over, under and across the north 6.00 feet of the following described property: All that port of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast comer of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. PROPOSED LOT DIVISION CERTIFICATE OF SURVEY FOR: GOLDEN VALLEY LAND COMPANY OF Lot 1, Block 1, PLEASANT HILL 2ND ADDITION CITY OF CHANHASSEN RECEIVED OCT 12 2001 LOT SPLIT PLANS FOR: 6444 MURRAY HILL ROAD CHANHASSEN, MINNESOTA CHANHASSEN PLANNING DEPT I L — — — — — JII ,n t4- 44 IV 1Y nip—W— 12" DIP—W � 5 rx 10' SSB� Q PARCEL A mm zm iXo 10 19.212 SF u omoowoO� O OEx. Water Tower I �, J 0 0°'�>vo ml 07.15% I J City of Chanhassen I I I I = Outlot A Placrant Hills 2nd Add. I I I L- 10' sse_ o f I I Q 6' D&U B1E>-&5-- - - - - Jft - 0 — — — — — — — — -- — — — — — — -J— — _. — — — — '----------- \c------- 10' SS B----________� PORCH EX. VI' 3 EX. M \\ Q; GARAGE / o I / R'I%'�=1071.27 PARCEL B , �� / 4 / 17v=,D56.53 \\\\ 30,859SF \ A O \\ exF O^. +\\LLJ E'i/aF 2m� O 70 DOLL / -A1 S\\Se R'q F 28.88' / 2 i / J Wxc*V (O4 EX. MH 1 RIM=1069.57 wv=los7.aa Ex. House 6486 Murray Hill I-PRIOP SERVICES CB=073.0 N0 SERV111063.0 SAN INV 0 WYE=1056.2f II Ir -- EX1 HYD. I T NUT=1074.72' / / EX4MH 2 rt RIM=1070._ I V=1057.1717 o V /aQ / Ex. House / L5, 81 � / 6484 Murray Hill Rd. / ROW LINE 1 LOT UNE /I GMA E MONT EL 949.0 1 (GARAGE LOCATED ON L I OEM 2aT" x (Oco V Tr Rd loll n 41 MELODY N4L RD i4 `. W 66ti1 S1 LOCATION MAP NO SCALE FY I FOAL LOT 1, BLOCK 1, D RIPTION PLEASANT HILLS 2ND ADDITION SHEET DESCRIPTION i SITE PLAN, UTILITY PLAN 2 EXISTING CONDITIONS PLAN 3 GRADING, DRAINAGE, EROSION CONTROL & TREE PRESERVATION PLAN 4 DETAILS SITE DATA (SINGLE FAM. RES. DISTRICT) TOTAL SITE AREA 1.15 AC R OF LOTS 2 DENSITY 1.74 UNITS/AC EX. ZONING RSF IMPERVIOUS CALCULATIONS: MAX IMPERVIOUS AREA ALLOWED=25% OF LOT AREA PARCEL A. LOT AREA = 19.212 SF MAX IMPERVIOUS ALLOWED = 4803 SF IMPERVIOUS SHOWN = 4,500 SF PARCEL B, LOT AREA = 30,859 SF MAX IMPERVIOUS ALLOWED = 7,714 SF IMPERVIOUS AREA EXISTING = 6,646 SF WHO uTll STY NOTES: SANITARY SEWER SERVICE = 6" PVC SDR26 (SEE DETAIL) WATER SERVICE = I" TYPE K COPPER (SEE DETAIL) N SIDE) WALKOUT PAD TYPE 'WIDE PAD I (\ II I TYPICAL 70' X 60' DEEP II 3 ND ELEVATION AT REAR 1 L LOT NLWTBER I _ BUILDING SETBACX UNE (W' FRONT DO' REAR 10' SIDE TIP.) L-- _ _ DRAINAGE Y UMITY EASEMENTS (TOP.) / ' 1VO Imp (12' FRONT. 6' REM h SDE TIN.) / (CNANHASSEN) 1, B-5 DENOTES SQL BORING DENOTES SILT FENCE/MAONG LINT W E DENOTES EXISTING CONTOURS —1056— DENOTES PROPOSED CONTOURS DENOTES STORM SEWER DENOTES SANITARY SENEN S _�".�--W� DENOTES WATERMUN 20 0 _ _0 40 DENOTES EXISTING SPOT ELEVATON X 1056.0 DENOTES PROPOSED SPOT ELEVATION SCALE --yN �Mv-��OpunfIEUuE//T�� EQ a1OS�.D DENOTES EMERGENCY OVERROW ELEVATION THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY.THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION Of ALL EXISTG UMMS BEFORE C ENOHG WORK. ME CONRACTOR AGREES i0 BE FFNLUREE TO EXACCTLYBILE FLOCATEE AND PRESERKA µY AND ALL UWFRCROLMD Um ITESBY HIS H O N w z z z W 1n Q z z a V 1 10/9/07 1 07-115 1 Ex. House 2165 Murray Hill Ct. �, \ I , 1 , l , , I 1 1� —,O*—W 01 IN 12' 1 Q F Ct Ex. House i 2155 Murray Hill dt. \\ FFE 1076.31 \ \ I I \� \\ �0) 0 �3 I I I I 0 0 P w 12„ EX -TREE EDGE OF CANOPY-tm:00 'J �RTA .10S2"10/`R�0R EIO OJ 111 IL'o 0 1 .+ Ex. Water Tower O 1 _ -+-pity of Chanhassen OutPot-A-Plegsiant Hills 2nd Add. 'QR I \ ` I 13.78' —� I \ r0e, EX -TREE (EDGE OF \\ o HE m \ i f\ 6 I I I I r I 1 II I I I I I I I I 1 I I CANOP� 1 / PORCH � ' , . F--,EX. 4 I �I �I m 1 1 ' i A I I I / / C) % > 1 d , Ex. House 6488 Murray Hill ,Rd. / I / / > I d I I Ex. House _ I 6486 ,Murray Hill Rd. / Y I I / J 1 i A / I 71. L i I _ USAGE ao / a / of Y r \ / Ex. House L5, B1 � 6484 Murray Hill Rd. I �1 1 11 EX. LEGAL DESCRIPTION LOT 1. BLOCK 1, PLEASANT HILLS 2ND ADDITION LEgEbOL DFNDMS SOIL BORING - - - DENOTES SILT FENCE/GRADING DYIT DENOTES DUSTING CONTOURS —1056— DENOTES PROPOSED CONTOINS �» >N DENOTES STORK SEINER DENOTES SANITARY SEMEN —8'—w DENOTES WATERNAIN DENDIES DDSTNG SPOT ELEVATION % 1056.0 DENOTES PROPOSED SPOT ELEVATDN ��051a DEND7ES DLRGENCY OWRROW ELEVATION N W E S 20 0 20 O WARNI SCALE IN EEET Z a to 0 F 0 0 U z F 10 57< F 0 VI W z z Z N Q z Z a U 1 10/8/07 1 07-115 Ex. House 2165 Murray Hill Ct. \\ It It I\\ 11 I\ It \ t T I 10" 9 w-- �r 12* DIP Ex. House 2155 Murray Hill G't. \ `\\ FFE 1076.31 \\ \ \_ .\ 0�s�\ I 1 \ 0", \ MAX RSSED --GRADIN _WMIT/- LIMITS. ZFIN'AL GRADING LIMITS/ REMOVAL LIMITS TO-BE--DETERN FINAL HOUSE`\DESIGN).—j EX -TREE MrWAE z EX 3 68� TM Y 12" CANOPY----___ U WI j PARCEL ;A m� J Ex. Water Tower Il SILT FENCE) r BY BUILDER I- City of Chanhassen l (_: p69 �� o .N Outlo%A-QI t Hills 2no Add. --' - i QD r / ! / r N. EX -TREE (EDGE OF CANOP' \ r - NN , o o 0 1 I 1 1 j 1 I I f l i I A it I i l i I I REE REMOVAL I I i I DO I I Ex. House 16488 I Murray Hill Rd. I / TREE INED BY / TILT FENCE UILDER W -w / I 41 b / -e -� 1U aI I Ex. Hot se QDO 6486 /Murray Hill Rd. vs*..;0� j � I Xy 4 7 1a I II� l NC1ff'c� 'I I 5% IE I J tl J PRpP SERVICES I ToPp 613 073.0 o-a1 m ' ,� ---�R Rv»� airy ■:Is — ,\ _ I IN�('SERV=1063.0 SAN INV 0 WYE=1056.2f AEq IB -; B D_ 08d1-====______- ____ _&U_ I \ —. 4 ORCH - �, \\ \ p1Y'� \t \\ 1 -f—RQCK CONST. ENTRANCE y (BUILDER) — Ex. House f L5, 81 If ,�� j 6484 Murray Hill Rd r i 1 \ t I'1 area anapy cover Orel) 1.10 al). 0.83 x ((722% of total site 0.32 al). (27.87. of total site sy cover Orel) ea to be removed 0.22 ox 19.15 of total site Wig limit shoes) W Orel) rema*m g after grading 0.61 ac. (53.0E of told site) Idng limit shorn)) ))required cover table O 46% of total site) 0.53 ac. (46.0% of total site) canopy mvar requied 0.00 ac. mopy cover/tree (per City) 1089 sf/tree dsceqe trees r"Wred 0 trees GRADING NOTM • Tress ,It be rved from site or chipped (no Wminq). • Tern, sits seeding/mulch required within 14 days after site grading is complete. Daily street naepinq and soaping a read. is neceoary) • City raqu(ras a delaiad haul route and iratrw tontrd plan far impartirm/evortilq m.tend (by Cantractar). LOT TO BE CUSTOM GRADED BY BUILDER. Q6B-5` DENOTES SOL BORING — — — DENOTES SILT FENCE/GRADING UNIT — —1056 DENOTES E]dSTIIIG CONTOURS —1056— DENOTES PROPOSED CONTOURS DENOTES STORM SEWER DENOTES SeNITARY SEWER �• DETIDTES WAT72MAIN DENOTES EXISTING SPOT ELEVATION X 1056.0 DENDIES PRDPOSED SPOT ELEVATION EW♦105D DEMOTES EMERGENCY OVERFLOW ELEVATION N w E .) 0 S 20 40 SCALE IN FEET THE IDCST101S OF EXISTING UNDERtl ouN0 UTLITIES ARE S .WN IN AN APPROMMATE qY QEY. T/IE EXCAVATING CONTRACTOR SHALL DEIERMiNE THE EXACT LOCATION OF M ElaSTNG UILIllES BESORE COMMENCTNo WORK. TiE CONTRACTOR AGREES TO BE Y HIS iMlK TO�EXACcy, LOCATEY AND PRESERVE ANSY ANID A UNDERGROUNDOV�ITIES aSo F O Q 0 U) �1 Ll, J_ Z_ Q LtJ LQ V) � Q Z Ui 1 10/8/07 1 07-115 3 Note Sit (ewe per 11"T WwfwUm0. a 2000, ,KhkM sliced v~ ew ftwt, 36'w6e Imkesd el.el T-PaM wth 3(5O1b) tam e°•a9D' Pbe& 43 tin Pr T-Pal (Yodllne eked) T Poka tr b ysew no •r°Peax ka ree�1 Note: 111" 2 At he" e, the SOM0 a typo I eith hry b0l" kmtded a Pee detal. Type 2 to be eud to pmlect d -Shaft Zip Ties EROSION CONTROL FENCE - TYPE CfTY OF SILT C$�8�$,�� FENCE ia�:nT. Imo. M. W 77 2-97 1e'°° xO.: 5300 n ISE P' P4eped F r1/8 BM °- PK SOR-26 P0. eka 9w. 1/e' Pr Fool 3'.2' MOM1r �1/2 Plp. Mmwtr Mh See Note 2 SANITARY SEWER SERVICE CONNEC11gJ DETAIL Srrke to b. Deed n Cmjewlkn wln PWIk Swr Yan fa D.pNe of W.s wN Lee, loon 11 Feet. NOIFS 1. Fdwnt104,6 z a Ft. (NaYMM) JtoTa� pF one NneeNa! Neow WtnDt Net te, . 2 4okr wdPyPant tap d' of Pal ae.nnt tAem. 3. O �HD aFt mM m to PtV y N WMw eo �iron Ydn Hw a. NI PV• eeaa be bedded m ¢male bonoe 31" a ooae. Ntr o°grepet. (314SN). CITY OF TYPICAL SANITARY CB SEWER SERVICE em.a-kw-w wID 2-97 --- 2001 FILTER FABRIC 6' MINIMUM DEPTH 1* - r WASHED ROCK r. i8l MINIMUM CUT OFF oa- TO MINIMIZE RUNOFF FROM STE NOTE: FILTER FABRIC SHALL BE PLACED UNDER RIX3( TO STOP MUD MIGRATION THROUGH ROCK. CfTY OF ROCK CHAxHdSSS� CONSTRUCTION ENTRANCE R`A 111 l-a See 2-97 N" 5301 ¢ Street i VriaDl. I 9' POST BOX BIIIE. NR 9 0% MTH t STANCPIPE AND STAM NU ROD. n I vow S.Mc. 1'rparallm Cook i' T,pe 'K' Cooper %1' Co Cwweet. Bad SUPPart %tr Main 1. W NOT PLUG END OF CURB STOP- S, THE USE D RG'TAAS ARE NOT POtUITTED. 3. THE COPPER SETMCE LNE BEIMEEN THE YAIN lNE M1D CURB BOl(M BE pHE CtNTeA1WS PELF, SAKES Net NOT BE PLK I'XI" e. SAME ATK%H COCK TO OE I'%1' NSIOE OAYEIF' S. SAME R""0'm ON °' oP 0R SYAt1ER MAN. ]. 5 S�TEELL IBLES REWA 0�N PALLL VC WA R MN CITY OF TYPICAL C$AlU5321 WATER SERVICE +cvseu t-°° lm 2-97 run No.: 1005 1 10/8/07 1 07-115 r F Northwest Comer of Lot 1, Block 1 m S 8759'27" W C-,qe cno LIFW, Easements -x- Wa , ranee a o Parcel A = �" 0- 0 19,212 SF a, e". o c T O r]h (J 1 PraPosed Drmna e 9 and (nllitY Easements m - —: ' —t ; __ PROPOSED 12 S 89'59 27" A i DMSION LINE 113.78—f-- 1_ --•L�, 210.65 _ Drainooe and Utility Ecsements \ , o Po De k X N Parcel B �� °v oo 0 ti' �y 30,861 SF �° V o1b j F i Northeast Comer of Lot 1. Bock t • Denotes iror mcnument fo.,nd \ \I A=42e15'01 A e \ R=123.49 / �9 �L=28.28 �0 CITY OF CHANHASSEN RECEIVED OCT 1 2 7(107 CWHASSEN PLANry K, uEP' Proposed Property Descriptions PARCEL A A That part of Lot 1, Block 1, PLEASANT HILL 21VD ADDITION lying northery of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east Q line thereof to a point west line of said lot 83.00 feet south of the f1� northwest corner thereof. �Y PARCEL B All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast comer of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. Proposed Easement Descriptions PARCEL A A drainage and utility easement over, under and across the south 5.00 feet of the following described property., That port of Lot 7, Block 7, PLEASANT HILL 2ND ADDITION lying northerly of a line drown from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. PARCEL B A drainage and utility easement over, under and across the north 6.00 feet of the following described property: All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drown from a point on the east line of said lot 700.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. PROPOSED LOT DIVISION I hereby cedi'y that this survey, plan or report was prepared by me File No. CERTIFICATE OF SURVEY FOR: DEMARS—GABRIEL or under my direct supervision and that I am a duty Registered Land 13495 B LAND SURVEYORS, INC. Surveyor under the Laws of the State of Minnesota. / GOLDEN VALLEY LAND COMPANY Book —Page 3030 Harbor Lane No. ON f� Pymouth, MN 5544, OF Phone:(763) 559-0908 Fax :(763) 559-0479 David E. Crook Lot 1, Block 1, PLEASANT HILL 2ND ADDITION scale Date: a 7 Minn. Reg. No. 22414 1 "-40' Northwest Comer of Lot 1, Block 1 S 8r5927" W 210.00 e Ora -,ge aed �E I i o ° I Parcel A ;oa ol0 19,212SF o �o y I LOT- Proposed Dr."oge and Utility Eese emt 1 {o 0 ~ V { m° I- S 89'59 27" A --PROPOSED'2 0 i DMS/ON LINE o 113.78 �`'�t•��—,��.L� 210.65 Parcel B r 30,861 SF .Mi • Denotes iror. monument fo.,nd A=42.15 01 / 0. \ \ R=123.49 0 y 2.4 / OtjAk Northeast Corner of Lot 1. Bxk 1 Proposed Property Descriptions PARCEL A QThat part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying norther/y rA of a line drown from a point on the east line of said lot 100.00 feet �V south o1 the northeast corner of said lot, as measured along the east Q line thereof to a point west line of said lot 83.00 feet south of the N northwest comer thereof. PARCEL B All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of o line drown from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof. Proposed Easement Descriptions PARCEL A A drainage and utility easement over, under and across the south 6.00 feet of the following described property: That part of Lot 7, Block 1, PLEASANT HILL 2ND ADDITION lying northerly of a line drown from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. PARCEL B A drainage and utility easement over, under and across the north 6.00 feet of the following described property: All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drown from a point on the east line o1 said lot 100.00 feet south of the northeast comer of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. PROPOSED LOT DIVISION DEMARS—GABRIEL LAND SURVEYORS, INC. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. File No. 13495 B CERTIFICATE OF SURVEY FOR: GOLDEN VALLEY LAND COMPANY Book —Page 3030 Harbor Lane No. Plymouth, MN 55447 David OF Fox :(763) 559-0 Fax :(763) 559-0479 479 E. Croox Lot 1, Block 1, PLEASANT HILL 2ND ADDITION Scale Date: A� �Z 0 Minn. Reg. No. 22414 7 7=40' MEMORANDUM TO: Robert Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: October 17, 2007 SUBJ: Review of proposed Subdivision: Pleasant Hills 2nd Addition, Metes and Bounds Subdivision on property located at 6444 Murray Hill Road. Planning Case: 07-26 I have reviewed the plans for the above development and have the following conditions: 1. Soil reports must be submitted to the Inspections Division before building permits will be issued for any building pad corrections, or if poor soils are encountered at excavation. 2. The new lot must be provided with separate sewer and water services. G/plan2007 Planning Cases/07-26 Pleasant Hills 2n° Addition Metes and Bounds Subdivisiodbuildingofficialcommmts.doc �__'___ .m m_ _._$©_ RiftH� � . ! \ ( /\� !� / § % �■ 7 B ,Iz ®on o8 7 / ! § [m ^ u / °�' ^ � � ° ��§ ! | - \ x {) | | ' !! , k J /i !{4 {|� � #. ! :■ ; ., /§/ :! �a � °§° ! m City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: October 16, 2007 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: PLEASANT HILLS 2' ADDITION METES & BOUNDS SUBDIVISION: Request for a Metes and Bounds Subdivision on property located at 6444 Murray Hill Road. Applicants: Golden Valley Land Company/Gilbert & Jillene Kreidberg Planning Case: 07-26 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 12, 2007. The 60-day review period ends December 11, 2007. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen City Council on November 13, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than October 26, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaba Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco Location Map Pleasant Hills 2nd Addition Metes & Bounds Subdivision 6444 Murray Hill Road City of Chanhassen Planning Case 07-26 PLEASANT HILLS 2ND ADDITION METES & BOUNDS SUBDIVISION - PLANNING CASE 07-26 $200 Notification Sign $300 Subdivision $326 Escrow for Filing Fees $826 Golden Valley Land Company Check 5163 Terra Engineering, Inc. 0" CM1 Erorem g Land Planing • Consjb* TRANSMITTAL TO: C; t✓lt�� I t.ss� DATE: 101110 FILE: RE: � `I YN /, urn '�.�► lid We are sending you x Attached _ Under separate cover via The following items: COPIES DATE NO. DESCRIPTION / I � 10 jLv I - N L o4- Q;u�,•oti �r� •�s P�<� C - �. Sx U So4 a'F� S 7rr✓`, 8u� I 101LIn7 r4 ( G D wJ D r3 s r-K THESE ARE TRANSMITTED AS CHECKED BELOW: For your approval For your information As requested For your review & comment /7'('tiU`cn OIrC_ a/�n l: Gcd : e..` ��. MS � ¢ �° "` • `j : r� �� 11�1�/07 CJ" COPY TO: BY: &-I Rqtk ENCLOSED: TRANS. ONLY CITY OF CHANHASSEN RELILIVItu OCT 12 Zoo? CHANHASSEN PLANNING DEPT SCANNED 6001 Glenwood Avenue • Minneapolis, Minnesota 55422 • 763 593 9325 • Fax: 763 512 0717 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: October 16, 2007 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: PLEASANT HII,LS 2No ADDITION METES & BOUNDS SUBDIVISION: Request for a Metes and Bounds Subdivision on property located at 6444 Murray Hill Road. Applicants: Golden Valley Land Company/Gilbert & Jillene Kreidberg Planning Case: 07-26 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 12, 2007. The 60-day review period ends December 11, 2007. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and Proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen City Council on November 13, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than October 26, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Mmnegasco SCANNED Location Map Pleasant Hills 2nd Addition Metes & Bounds Subdivision 6444 Murray Hill Road City of Chanhassen Planning Case 07-26 Crt SUBJECT PROPERTY .. Melody DEMARS- GABRIEL LAND SURVEYORS, INC. 3030 HARBOR LANE NO., SUITE 111 PLYMOUTH MN 55447 Phone 763-559-0908 Fax 763-559-0479 Proposed Property Descriptions PARCEL A October 12, 2007 That part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying northerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof. PARCEL B All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest comer thereof. Proposed Easement Descriptions PARCEL A A drainage and utility easement over, under and across the south 6.00 feet of the following described property: That part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying northerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. A drainage and utility easement over, under and across the north 6.00 feet of the following described property: All that part of Lot 1, Block 1, PLEASANT HILL 2ND ADDITION lying southerly of a line drawn from a point on the east line of said lot 100.00 feet south of the northeast corner of said lot, as measured along the east line thereof to a point west line of said lot 83.00 feet south of the northwest corner thereof. SCANNED Drainage Report: 6444 Murray Hill Rd. Chanhassen, MN CITY OF CHANHASSEN RECEIVED OCT 12 2007 CHANHASSEN PLANNING DEPT Prepared by: Matt Pavek, P.E. TERRA ENGINEERING, INC. 6001 Glenwood Ave. Golden Valley, MN 55422 (763)593-9325 10/12/07 SCANNED TERRA ENGINEERING 6444 MURRAY HILL RD. 10/12/2007 PREPARED BY: MATT PAVEK, PE DRAINAGE REPORT SUMMARY ASSUMPTIONS: TYPE II 24 HOUR STORM EVENT TYPE "C'SOILS EXISTING SITE ASSUMED TO BE GRASS IN FAIR CONDITION PROPOSED SITE ASSUMED TO BE GRASS IN FAIR CONDITION STORM EVENT EXISTING RUNOFF (CFS) PROPOSED RUNOFF (CFS) 2-YR 1.65 1.84 10-YR 3.23 3.46 100-YR 5.38 5.62 is) EXISTING SITE 2S PROPOSED SITE Subcat Reach on Link Drainage Diagram for rnaa MURRAY HILL Prepared by Terra Engineering Inc. 10/12/2007 HydroCAp 7.00 s/n 001544 0 1966-2003 Applied Microcomputer Systems 6444 MURRAY HILL Type 1124-hr 2 YEAR Rainfall=2.80" Prepared by Terra Engineering Inc. Page 2 HydroCADO 7.00 s/n 001544 © 1986-2003 Applied Microcomputer Systems 10/12/2007 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: EXISTING SITE Runoff Area=50,071 sf Runoff Depth=1.11" Flow Length=200' Tc=17.7 min CN=82 Runoff=1.65 cfs 0.107 of Subcatchment 2S: PROPOSED SITE Runoff Area=50,071 sf Runoff Depth=1.24" Flow Length=200' Tc=17.7 min CN=84 Runoff=1.84 cfs 0.119 of Total Runoff Area = 2.299 ac Runoff Volume = 0.225 of Average Runoff Depth = 1.18" 6444 MURRAY HILL Prepared by Terra Engineering Inc. HvdroCADO 7.00 s/n 001544 © 1986-2C Type // 24-hr 2 YEAR Rainfall=2.80" Page 3 Subcatchment 1S: EXISTING SITE Runoff = 1.65 cfs @ 12.11 hrs, Volume= 0.107 af, Depth= 1.11" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 2 YEAR Rainfall=2.80" Area (sf) CN Description 6,646 100 IMPERVIOUS 43,425 79 50-75% Grass cover, Fair, HSG C 50,071 82 Weighted Average Tc Length Slope min) (feet) (f /ft) 17.7 200 0.0250 Capacity Description 0.2 Sheet Flow, SHEET FLOW Grass: Short n= 0.150 P2= 2.50" Subcatchment 2S: PROPOSED SITE Runoff = 1.84 cfs @ 12.10 hrs, Volume= 0.119 af, Depth= 1.24" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 2 YEAR Rainfall=2.80" Area (sf) CN Description 11,146 100 IMPERVIOUS 38,925 79 50-75% Grass cover, Fair, HSG C 50,071 84 Weighted Average Tc Length Slope min) (feet) (fuft) 17.7 200 0.0250 Capacity Description 0.2 Sheet Flow, SHEET Grass: Short n= 0.150 P2= 2.50" 6444 MURRAY HILL Type /124-hr 10 YEAR Rainfall=4.20" Prepared by Terra Engineering Inc. Page 4 HydroCAD®7 00 s/n 001544 © 1986-2003 Applied Microcomputer Systems 10/12/2007 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: EXISTING SITE Runoff Area=50,071 sf Runoff Depth=2.19" Flow Length=200' Tc=17.7 min CN=82 Runoff=3.23 cfs 0.210 of Subcatchment 2S: PROPOSED SITE Runoff Area=50,071 sf Runoff Depth=2.36" Flow Length=200' Tc=17.7 min CN=84 Runoff=3.46 cfs 0.226 of Total Runoff Area = 2.299 ac Runoff Volume = 0.436 of Average Runoff Depth = 2.27" 6444 MURRAY HILL Prepared by Terra Engineering Inc. HvdroCAD® 7.00 s/n 001544 © 1986-2( Type /I 24-hr 10 YEAR Rainfall=4.20" Page 5 Subcatchment 1S: EXISTING SITE Runoff = 3.23 cfs @ 12.10 hrs, Volume= 0.210 af, Depth= 2.19" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 10 YEAR Rainfall=4.20" Area (sf) CN Description 6,646 100 IMPERVIOUS 43,425 79 50-75%" Grass cover, Fair, HSG C 50,071 82 Weighted Average Tc Length Slope min) (feet) (ft/ft) 17.7 200 0.0250 Capacity Description 0.2 Sheet Flow, SHEET FLOW Grass: Short n= 0.150 P2= 2.50" Subcatchment 2S: PROPOSED SITE Runoff = 3.46 cfs @ 12.10 hrs, Volume= 0.226 af, Depth= 2.36" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 10 YEAR Rainfall=4.20" Area (sf) CN Description 11,146 100 IMPERVIOUS 38,925 79 50-75% Grass cover, Fair, HSG C 50,071 84 Weighted Average Tc min 17.7 Length Slope Velocity Capacity Description 200 0.0250 0.2 Sheet Flow, SHEET Grass: Short n= 0.150 P2= 2.50" 6444 MURRAY HILL Type 1124-hr 100 YEAR Rainfall=6.00" Prepared by Terra Engineering Inc. Page 6 HvdroCADO 7.00 s/n 001544 © 1986-2003 Applied Microcomputer Systems 10/12/2007 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: EXISTING SITE Runoff Area=50,071 sf Runoff Depth=3.70" Flow Length=200' Tc=17.7 min CN=82 Runoff=5.38 cfs 0.355 of Subcatchment 2S: PROPOSED SITE Runoff Area=50,071 sf Runoff Depth=3.91" Flow Length=200' Tc=17.7 min CN=84 Runoff=5.62 cfs 0.374 of Total Runoff Area = 2.299 ac Runoff Volume = 0.729 of Average Runoff Depth = 3.81" 6444 MURRAY HILL Prepared by Terra Engineering Inc. Type II 24-hr 100 YEAR Rainfall=6.00" Page 7 Subcatchment 1S: EXISTING SITE Runoff = 5.38 cfs @ 12.10 hrs, Volume= 0.355 af, Depth= 3.70" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 100 YEAR Rainfall=6.00" Area (sf) CN Description 6,646 100 IMPERVIOUS 43,425 79 50-75% Grass cover, Fair, HSG C 50,071 82 Weighted Average Tc Length Slope min) (feet) (fUft) 17.7 200 0.0250 Capacity Description 0.2 Sheet Flow, SHEET FLOW Grass: Short n= 0.150 P2= 2.50" Subcatchment 2S: PROPOSED SITE Runoff = 5.62 cfs @ 12.10 hrs, Volume= 0.374 af, Depth= 3.91" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr 100 YEAR Rainfall=6.00" Area (sf) CN Description 11,146 100 IMPERVIOUS 38,925 79 50-75% Grass cover, Fair, HSG C 50,071 84 Weighted Average Tc Length Slope min) (feet) (fUft) 17.7 200 0.0250 Velocity Capacity Description 0.2 Sheet Flow, SHEET Grass: Short n= 0.150 P2= 2.50" ROBERT E LEE III THOMAS G & NEYSA L WINTERER CRAIG R & CATHERINE JOHNSON 2250 MELODY HILL RD 2210 MELODY HILL RD 2071 MELODY HILL RD EXCELSIOR, MN 55331 -8891 EXCELSIOR, MN 55331 -8891 EXCELSIOR, MN 55331 -8888 GREGORY I & JULIE M NELSON 10SPRING HOMES INC JOHN THOMAS FAVORITE II 2165 MURRAY HILL CT 7925 STONE CREEK DR SUSAN LEE FAVORITE EXCELSIOR, MN 55331 -8882 STE 120 2080 65TH ST W CHANHASSEN , MN 55317 4609 EXCELSIOR, MN 55331 -9D05 DOUGLAS V SCHROEDER BERNARD C JR & SANDRA BENZ KAREN SIGNE PETERSON PO BOX 625 2061 65TH ST W 2240 MELODY HILL RD CHANHASSEN , MN 55317 -0625 EXCELSIOR, MN 55331 -9006 EXCELSIOR, MN 55331 -8891 GREG GOLMEN & CINDY TELLINGHUISEN CHARLES G GOERS SR JUNIE MELODHOFF-Y HILL R 6370 MURRAY HILL RD 2160 MURRAY HILL CT 222E MELODY HILL 33 EXCELSIOR, MN 55331 -8834 EXCELSIOR, MN 55331 -8882 EXCELSIOR, MN 55331 -8891 ROBERT & JERI LOU PRCHAL JOHN J & JUNE A HAMSHER JANE QUILLING REVSBECH 2150 MURRAY HILL CT 2081 MELODY HILL 2155 MURRAY HILL CT EXCELSIOR, MN 55331 -8882 EXCELSIOR, MN 55331 -8888 EXCELSIOR, MN 55331 -8882 JOHN D & KATHRYN D DESMET JOHN J & LYNNETTE J DELUCA RICHARD & BARBARA D ATHERTON 6454 MURRAY HILL RD 6484 MURRAY HILL RD 2082 65TH ST W EXCELSIOR, MN 55331 -8994 EXCELSIOR. MN 55331 -8994 EXCELSIOR. MN 55331 -9005 CAROL ASLESEN CHILD RICHARD E & KAREN HERRBOLDT CHARLES R & BEVERLY J JACKSON 6482 MURRAY HILL RD 6464 MURRAY HILL RD 2110 CRESTVIEW DR EXCELSIOR, MN 55331 -8994 EXCELSIOR. MN 55331 -8994 EXCELSIOR. MN 55331 -8009 LECY BROTHERS CONSTRUCTION INC TIMOTHY P & HEIDI S LARKIN & CHARLES R & JOANNE F LEWELLEN 15012 HIGHWAY 7 LECY BROS CONSTRUCTION 6340 MURRAY HILL RD MINNETONKA , MN 55345 -3634 2150 CRESTVIEW DR EXCELSIOR, MN 55331 -8B34 EXCELSIOR, MN 55331 -8009 JOHN R & NANCY H LIBERG GILBERT H & JILLENE KREIDBERG DOUGLAS E & MARY K JOHNSON 2091 MELODY HILL RD TRUSTEES OF TRUSTS 6474 MURRAY HILL RD EXCELSIOR, MN 65331 -88M 205 NUNAN ST EXCELSIOR, MN 55331 -8994 JACKSONVILLE , OR 97530 -9699 IND SCHOOL DIST 276 RICHARD D & JOYCE H MCFARLAND 261 SCHOOL AVE 6341 MURRAY HILL RD EXCELSIOR, MN 55331 -1987 EXCELSIOR, MN 55331 -8832 Item Folder Numbs Folder Name Job Number Box Number Non -Scannable Item 2322a 0050