1a. Amendment to Article 16, Kurvers Pt Dev Contract 1 .., ,
CITY OF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
Actin Li G+y A.,' .1i,t-,tar
MEMORANDUM / ^�
II TO: Don Ashworth , City Manager -
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FROM: Larry Brown, Staff Engineer �� `.+�t`��`a � a�
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DATE: November 22 , 1988
Date Su`,1nr:tLI LI ,wie[;
1 SUBJ: Trail Compensation j ��: . 1.:r,
Kurvers Point Subdivision
File No. 87-20 (pvt)
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On November 14, 1988 , the City Council tabled action on this item
1 until the City Attorney could prepare the appropriate wordage to
amend the Development Contract for the trail compensation issue
(refer to Attachment No. 1) .
II Attached you will find the memorandum from City Attorney Roger
Knutson amending Section 16 of the Development Contract to state
that the established trail fee shall be collected at the time of
I the issuance of a building permit and that the trail may be
installed by the City in the future along Kurvers Point Road.
I It is therefore recommended that the City Council accept the
amendment to Section 16 of the Kurvers Point Development Contract
as depicted in the City Attorney' s memorandum dated November 22 ,
1988 (refer to Attachment #2) .
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Attachments
I1 . November 14 , 1988 staff report and City Council minutes.
2 . November 22 , 1988 memorandum from the City Attorney.
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CITYOF
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Larry Brown, Staff Engineer 446
DATE: November 9, 1988 ✓'�
SUBJ: Review of Kurvers Point Trail Compensation
File No. 87-20, Mel and Frank Kurvers
On September 14, 1987, the City Council approved the Development Contract for II
the Kurvers Point Subdivision. Section 16 of the Development Contract (refer to
Attachment No. 1) states that the compensation for the installation of the trail
shall be determined by the City Council at the time of the trail plan approval.
Staff is recommending that the fees for the construction of the Kurvers Point
subdivision be collected as part of the issuance of the building permits. This
is the manner in which the City has collected money for the construction of the _
trails in other subdivisions such as Saddlebrook and Curry Farms for example.
The current fee of $142.00 per lot is the fee which has been established at
this time to fund the cost of trail/sidewalk construction. It is recommended
that the trail fee that is in effect at the time of the issuance of a building
permit be collected as part of the building permit fees.
I have included the letter from Mel Kurvers date. October 31, 1988 for the
Council's review (refer to Attachment No. 2) .
It is therefore recommended that the established trail fees be collected for the
Kurvers Point subdivision by the City at the time of issuance of a building per-
mit.
Attachments
1. Excerpt from Development Contract (Section 16) . 1
2. Letter from Mel Kurvers dated october 31, 1988.
Manager's Comment: Mr. Kurvers' point regarding the additional 17 feet being
dedicated to the City is not germane to the issue at hand. Specifically, all
subdivisions along TH 101 have been required to dedicate additional right-of-way
for potential roadway/ ditch improvements. A trail may be included in this
additional right-of-way; but, again, such is not germane to the primary reason
for obtaining the 17 feet.
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City staff is in agreement with Mr. Kurvers that he should be treated similar to
' other developers in having the City carry out the installation of the
sidewalks/trails through his development. In light of the recent defeat of the
trail referendum, it may be prudent for the Park and Recreation Commission to
' re-look at their Sidewalk/Trail Plan; i.e. total dollars may only be
available to fund trail construction for major collectors, trails to and
from schools, the downtown area, etc. As part of our recommendation, we are
recommending that the City Council ask that the Park and Recreation Commission
re-review their overall Trail Plan to determine whether sufficient dollars will
exist for internal sidewalk/trails, or whether such monies should be dedicated
to arterail/collector roadway trail systems. Regardless of whether a modifica-
tion to the Trail Plan occurs or not, the staff recommendation to have the City
carry out installation of the finally approved Trail Plan would be our respon-
sibility. Approval of modifying the Development Contract to include a require-
' ment that the developer pay current trail fees on each building permit in lieu
of carrying out trail construction is hereby recommended. clv
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lor materialmen are seeking payment out cf the financial guaran-
ees posted with the City, and if the claims are not resolved at
east sixt ( 6U )Y days before the security required by paragraph ,of this Contrct will expire, the Developer hereby authorizes
e City to commence an Interpleader action pursuant to Rule 22 ,
Minnesota Rules of Civil Procedure for the District Courts, to
draw upon the letters of credit in an amount up to 125% of the II
claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and
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dismiss the City from any further proceedings as it pertains to
the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys
fees pursuant to paragraph 25 of this Contract. II
15. Timber Management Plan. The Developer shall arrange for
the preparation of a Timber Management Plan by the Department of
Natural Resources Forester for this property, paying special II
attention to the area on riparian lots within 75 feet of the high
water mark.
16 . Trails and Trail Fees. The Developer shall grade I a trail along the Kurvers Point Road right-of-way to its
connection with TH 101 . The Developer shall submit 0. plan for
approval by the City Council prior to construction of the trail. II
Compensation for installation of the trail shall be determined by
the City Council at the time of Trail Plan approval.
18. Parkland Fees. Prior to the issuance
per-
mits for residential construction within the plat,bthe dDeveloper,
its successors or assigns , shall pay to the City the parkland fee II
then in force pursuant to Chanhassen City Ordinance and relevant
City Council resolutions thereafter.
19. Landscaping. The Developer shall plant one (1) tree on II
every lot in the plat that does not already have a tree in the
front yard setback. The trees shall be selected from among the
following species; varying the species within the subdivision: II
Maples ( including Norway, "Schwedler" , and Sugar)
Linden, American (Basswood)
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Linden, Littleaf (and varieties "Greenspire" and "Redmond" )
Green Ash (and varieties "Marshalls" and "Summit" )
Honeylocust (and varieties "Imparial" , "Skyline" ,. and II
Hacxberry
Oak
The minimum tree size shall be two inches caliper, either bare II
root in season or balled and burlapped. The trees may not be
planted in the boulevard. The Developer shall sod the drainage
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swales . All trees , grass , and sod, shall be warranted to be
alive, of good quality and disease tree at installation. All
trees shall be warranted for 12 months after planting.
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7240 Kurvers Point Road �' '`��t�' gs �i '�-t
Chanhassen , Minnesota 55317 Gi! �L�r
' October 31 , 1988 OCT 3 11983 a�,!
' Mr . Gary Warren , City Engineer �n y : is"B!'u�g
Mayor and City Council � .
City of Chanhassen
690 Coulter Drive
Chanhassen , Minnesota 55317
Gentlemen :
' Our development contract with the City of Chanhassen states , "The
developer shall submit a plan for approval by the City Council
prior to construction of the trail . Compensation will be
determined by the City Council at the time of Trail Plan approval . "
The developers of Kurvers Point intend to fully comply with the
provisions of the development contract . As you are aware , we have
' been attempting to resolve this issue over the past 4 weeks and are
confident that an agreement can be reached at the City Council
meeting on November X, 1988 .
ly
In reviewing the sidewalk/trail issue , it is important to look at
Kurvers Point both as a neighborhood within the context of the
entire City of Chanhassen and as a housing development . When the
' development was in the review and approval process , we stated that
a sidewalk was unnecessary due to large lot sizes and low
anticipated traffic volumes . Additionally , we viewed the sidewalk
' as a problem in limiting the beach lot usage to residents only due
to increased public access to the area.
On the evening that the City Council granted final approval for
' Kurvers Point , a development known as Shadowmere was also on the
agenda . When final action on Shadowmere occurred , no sidewalk or
trail requirements were imposed on the development . This action
was taken in spite of the fact that Shadowmere is a higher density
development than Kurvers Point . This raises the question , why
Kurvers Point is being treated differently?
' The developers of Kurvers Point support trails in the City of
Chanhassen when they serve a valid public purpose . In support of
this position , we dedicated an additional 17 feet of property along
TH 101 to accommodate the eventual construction of a bituminous
trail . All completed landscaping and berming improvements have
been installed on private property , outside of the right-of-way
1 area .
In dedicating the land along 101 for a trail , Kurvers Point
provided the residents of the City of Chanhassen with the land
needed for a trail consistent with the City ' s Trail Plan . The cost
of this dedication was borne solely by the developers . Based upon
the selling price of the lowest cost lots along 101 , this
' dedication amounts to approximately $56 ,000 . We feel that a
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dedication of $56 ,000 substantiates our commitment to a community I
wide trail network.
The trail issue needs to be looked at also in a narrower scope
focusing on Kurvers Point as a housing development . If a trail is II
required by the City of Chanhassen , when should it be installed and
how should it be financed? In previous correspondence and
discussions with the City , we have stated that if a trail is '
required , it makes sense to install it at a later date for two
primary reasons , one pertaining to physical installation and the
second pertaining to financing. i
Regarding installation , completion of the trail at a later date
will prevent damage during home construction which will be
occurring in the area . It will be beneficial to install the '
trail /sidewalk after the completion of phase two for overall
continuity. Phase one , by itself , will start at 101 and end in the
middle of the development . II
In order to be up-front with buyers and to preserve the right of
the City to install a sidewalk , Kurvers Point has clearly
identified the trail in all purchase agreements . The agreement
states , "Buyer and Seller acknowledge that the 10 feet of property
fronting Kurvers Point Road is subject to possible future use as
a walkway , under terms of a Developers Agreement between Seller and II
the City of Chanhassen . "
Pertaining to the financial aspects of the sidewalk/trail issue , I
two concerns exist , initial cost and method of financing. In order
for a sidewalk to be compatible with the $300 ,000 to $500 ,000 homes
in Kurvers Point , it must be constructed of concrete . A five foot
wide concrete walkway is expected to cost approximately $11 ,430 . 00 . II
If the City waives the payment of trail fees for Kurvers Point in
lieu of trail construction by the developers , an inequitable
situation will exist . Trail fees from Kurvers Point will amount
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to approximately $5265 .00 ( $135 . 00 X 39 lots ) . This amount is
$6165 . 00 short of the sum needed to install the sidewalk . How will
the developer be compensated for the additional expense? I
The City of Chanhassen is now embarking on the installation of an
overall trail plan which will hopefully be approved on November
8th . Installation of the Kurvers Point trail at the time of the II
installation of some of the community trails by the same contractor
should result in overall cost savings . Regardless of how the costs
are assigned , they are an overall cost to taxpayers within the
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entire community. Isn ' t it beneficial to install public
improvements in the most economical manner possible?
In summary , the developers of Kurvers Point ask that the City II
Council consider the following issues in reaching a decision on the
trail issue :
1 . The need for the interior trail /sidewalk is questionable . I
Other developments approved during the same period of time have not
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been required to include trails .
' 2 . Kurvers Point has demonstrated that it supports the community
trail system through the dedication of land valued at approximately
$56 ,000 . This dedication received no formal park credit from the
' City of Chanhassen .
3 . If a trail is to be installed , it should be accomplished in the
future by the City of Chanhassen to avoid damage to the walkway
during home construction and to simplify financing of the project .
The City of Chanhassen can collect trail fees at the time of
building permit issuance and install the concrete walkway as part
of a larger , more cost effective improvement project . The
developers of Kurvers Point have clearly communicated to all buyers
that a sidewalk may be installed in the right-of-way area.
' The developers seek a fair and reasonable settlement of this
issue. We respectively request that you consider the points
' reviewed in this letter in making your decision .
Sincerely ,
Melvin Kurvers
City Council Meeting - November 14, 1988
1.85
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Councilman Johnson: This is a public hearing. You haven't called the public
hearing to order yet if you want to technically do this right. '
Councilman Horn: It is called to order by recognizing the applicant. We
haven't closed it.
Acting Mayor Geving: We haven't closed the public hearing.
comments.
Pu g Is there any other
Councilman Horn moved, Acting Mayor Geving seconded to close the public hearing.
All voted in favor and the motion carried. The public hearing was closed. '
Resolution #88-122: Councilman Horn moved, Councilman Johnson seconded to
approve vacating that portion of the utility easement as shown in Attachment 2,
contingent upon receipt of a roadway, utility and drainage easement for the
remaining 33 feet within the recognized Erie Avenue right-of-way. All voted in
favor and the motion carried.
II
REVIEW KURVERS POINT TRAIL ISSUE.
Larry Brown: At the present time, the City has established the current trail '
fee of $142.00 per lot. I referenced two subdivisions, Curry Farms and
Saddlebrook for examples where we have collected those fees at the time of the
building permit issuance. Staff is recommending that the Kurvers Point •
Subdivision be handled in a similar manner.
Acting Mayor Geving: Could you give us a little bit more meat than that please
in terms of your conversations with the Kurvers and their comments regarding the
easement along TH 101 and the amount that they've dedicated. I know that's a
separate issue in fact but it does have some bearing on whether or not this
Council would put in or remove from their contract an item that says in fact
that the developer would pay for the sidewalks. Could you give us any comments
there in regard to why are we singlely out the Kurvers, if we are, as opposed to
these other developments where we have not asked for this? Is that true? '
Larry Brown: Don Ashworth, the City Manager has included his comments on that
stating that we often request additional trail easements with other subdivisions
if they were along TH 101 and we're treating the Kurver's subdivision the same
. way.
Acting Mayor Geving: How about on the internal trail? The sidewalk issue? '
Larry Brown: We are treating that similar to the subdivisions which I
referenced Saddlebrook and Curry Farms so we feel that they are being treated
the same way that we have current subdivisions.
Acting Mayor Geving: In those cases were the developers requested to put in the
sidewalks and the trails as opposed to building them as you go with a permit
basis as being requested by the Kurvers? Are those trails in Saddlebrook
excatly right now.
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IIcity Council Meeting - November 14; 1988
Gary Warren: The Saddlebrook trail has been rough graded in and where we have
' existing homes, we have separately poured the sidewalk in those area so they
could restore their properties. The Saddlebrook development contract does
provide reimbursement to the developer in the amount of $14,900.00 for
installation of trails. That his cost, his bid tab are higher than that by
' approximately $5,000.00 but also in Saddlebrook we had the transfer of park
property, Kerber East as we call the park property. Some of that excess that
he's paying...part of this transaction. For the most part he's been reimbursed
' for the trails.
Acting Mayor Geving: From an engineering standpoint Gary, would you feel that
it would be more desirable to put in the trails after the subdivision is built?
When the homes are in and at that time go in and put in your sidewalks and
trails rather than to have the developer put than in at the time the development
is being built? Also, if these were a concrete sidewalk as the estimate that
has been supplied here, reasonably accurate in terms of $11,200.00?
Gary Warren: I think it's a conservatively high estimate. I don't think it's
' out of line but I think it's on the high side. In reference to your first
question. A bird in the hand is worth two in the bush I guess. That goes back
to the Pleasant Hills trail issue. ..to a certain extent. If we have enough
conditions where the Kurvers...putting in a purchase agreements...affected by
' the City, they are reserving the right to put in a trail along the property.
That notice up front to perspective buyers I think is important and until we've
had some confidence that that is really addressed by the home buyer issue
' ...we're going to have some sidewalks that are going to be damaged by builders
that they're going to have to repair.
' Acting Mayor Geving: Who repairs those?
Gary Warren: It would be the builder's responsibility. There are measures that
they can take...to get in to protect the sidewalks. As long as they're aware
' and they know that we're watching, that it's their responsibility...
Acting Mayor Geving: Okay, let's move on. I know Mel that you have discussed
this with us before. Would you like to make a similar comment tonight since
we're really going to address this tonight and hopefully resolve it once and for
all. Would you like to restate your comments that you wrote in your letter?
Mel Kurvers: I guess my only comment is that we still feel that the interior
trails are not necessary. People interested in lots really feel the same way.
I guess that's about what's stated in my letter.
' Acting Mayor Geving: I'd like to hear one, before we open it up for Council
deliberation, I'd like to hear from Lori. From a Park and Rec standpoint, how
' you feel about developing these trails at this time in light of the fact that if
you were to collect $142.00 times the number of units in this development, you
would be approximately $5,000.00 short of the amount of money it would take to
build this sidewalk or trail. In this case I guess it's going to be a sidewalk.
' Could you address that for us Lori? Where would this money come from that is
the difference between the $142.00 trail fee and the actual cost of building the
sidewalk?
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City Council Meeting - November 14, 1988 187-11
Lori Sietsema: It would cane out of the trail development fund that we're
establishing with the collection of those fees. I would like to make a comment
that in light of the trail referendum failing, that we may want to send some of
these things back to Park and Rec to priority. They may want to reprioritize
different trail segments. Collect the fees for this developments but where they
want the trail along TH 101 rather than concentrate on sidewalks. I'm not sure
if that's the case but we aren't going to have the referendum monies to fund the
whole trail system. There are certain some priorities out there that the Park
and Recreation Commission may want to pursue.
Acting Mayor Geving: That's a very good comment and I think it's germane to our
discussion. Let's open it up for Council.
Councilman Boyt: I think the issue that came in front of us was, could they do '
this one lot at a time. I don't have any trouble with them doing one lot at a
time.
Acting Mayor Gevin g: So as buildin g permits came in, they would pay their
$142.00. It would go into a central fund and at some point the Park and Rec
Commission would make a decision through their commission that we're going to - II
put in Kurver's Point and put in a 5 foot or 6 foot sidewalk in there and take
the funds out of the pool. Is that how you see it then Bill? At some future
time this would happen. '
Councilman Boyt: I agree with Gary. If we don't put it in, I have a tendency
to believe that it will never go in there. That's sort of a separate issue and
the Park and Rec Department should deal with that. The Kurver's asked to have •
this charged out one lot at a time. That's what we're doing in other
developments and that's what we should do with them.
Councilman Horn: I thought we agreed to that at least in principle the last
time we talked about this.
- Acting Mayor Geving: We more or less did.
Councilman Horn: I firmly believe that people who are going to have a trail by
their house need to be aware that it's there. I don't necessarily think you
have to put concrete in there to inform them of that. I think there are other
methods that can be used such as marking the trail or including it in their
development contracts for each of the lots. Also, the comment that the
perspective owners do not want interior trails was exactly the comment we heard
from Near Mountain. Now the Near Mountain people are coming back and saying
gee, we got ripped. We didn't get any sidewalks so I don't know that we can
necessarily believe that. I think what we need is some, again I'll say this,
consistent method of what we're going to do in the City. It seems we approach
these things on a catch as catch can basis which I don't like. I think in terms
of dedicating these and picking priorities, I don't think that's the way we
should approach this at all. I think what we should be doing is have a plan in
place that if the decision is made that we're going to have sidewalks, this is
where we're going to have them and this is how they be placed. We do all our
planning up front. Whether we have the money to put than in now to me is
irrelevant. We should still go ahead with the full blown trail plan and allow
space for that. If the money is available and the citizens decide yes, we do
want sidewalks, then fine. Let's put them in. But let's not try to surprise '
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"`ify Council Meeting - November 14; 1988
' everybody and figure out where they're going to go 10 years from now when the
trail referendum passes, or whenever it is. I think that's something we have to
plan for up front. Not only for sidewalks but all types of trail uses should
[-
I continue to be planned. That should be part of the overall plan. You can take
an idealistic approach on where all this stuff should be. That doesn't mean
we're always going to have the bucks to do them but at least a plan is in place
' and we know how it's going to work. I heard the argument said, we've got to
wait to plan all this stuff until we find out if the referendum's approved. I
don't agree with that. I think you plan for it first and get all the plans in
place. Maybe if you've got the plans in place people get a better idea of what
they're going to have and how they're going to have their money spent and you
have a better chance of passing the trail referendum. But I think we should go
ahead and reserve the space and whether it gets built or not, at least people
know where it is.
Acting Mayor Geving: May I ask you Mel, will there be space available on each
' of these lots so that Clark's idea here is the way we go, at some future time
that sidewalk can be put in there in front of every one of those homes? There
is space provided now in the lots is that correct?
Mel Kurvers: It's in the...
Acting Mayor Geving: It's in there and also you've indicated that in every
' sales agreement that would be firmly stated that there's a potential for a
sidewalk in front of those homes.
Councilman Horn: I think we can have them drawn in on the plat too.
Acting Mayor Geving: I don't think there'd be
does not? anYthxJ wrong with that... It
' Councilman Horn: Well, maybe we have something, we don't call it lat where
show it. P ere we
Frank Kurvers: I agree with Clark when he says we've got to plan. We got to
get it resolved now and get some kind of a continuity for the trails but I guess
what you're all talking about is the overall plan. I think the language that's
' in there... I don't like to see than get reassessed later on if it's there.
Now we were dealing with people in good faith. If they know that they're
possibly going to be there someday, that's all fine but we don't want a down the
road say we're going to put it in and assess you people for that sidewalk or
trail.
Acting Mayor Geving: That's a very good point Frank. I think the biggest lack
' of faith in the City would come if a homeowner buyer buys your lot, pays the
$142.00 fee and 5 years from now the Park and Rec Commission decides to put that
in there and charges each of them another $200.00 to make up that $5,000.00
difference that I mentioned so we can pay for the sidewalk. I agree totally
with you. That if the sidewalk is put in, it has to come out of the pool of the
dedicated funds from the trail easements.
Councilman Horn: Some are referendum.
Acting Mayor Geving: Or whatever but not to go back against the homeowner.
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City Council Meeting - November 14, 1988 ■
Councilman Johnson: When we approved this development we fought on the trail
issue and we came to the conclusion that the best way all around was for the '
developer to build the trails as part of it and that way, rather than the City
putting in a standard asphalt trail, the developer preferred to put in a
concrete trail or something. Now we're back to the point the developer doesn't
want to put in a trail. He wants us to put in the trail. We're going to modify
the development contract after we've approved it and now it's up to the City as
to what goes in there. The developer has now lost control of what type of trail
is put in there. We could put a woodchip trail in. He no longer has the
control. As long as he realizes by modifying his own development contract that
he's already agreed to, he's losing control then I have no problem with
switching this in our current state. I think this gives the Park and Rec a
little more flexibility as what to do with the monies from these fees. I don't
see this particular development is going to fill up overnight. It might.
I hope for the Kurvers it does but I have a feeling it's going to be a steadily
growing development with, not brisk sales but some good sales in there. I think
we'll see houses going in there all the time but I don't see it doing like a
than Vista did and get 30 houses in 2 or 3 months. It may be a few years before
we have all these fees came in. I have no problem with changing it if that's II
what the developer wants.
Acting Mayor Geving: If you feel that way, why don't you go ahead and make the
motion Jay if you would to delete item 16 and modify it. Delete the existing
development contract provision 16 and modify it with new words if you would. I
think 16 has got to come out of here in terms of trails and trail fees. Just
delete it entirely and then we'll rework it. '
Councilman Horn: I don't know that we're going to do that.
Acting Mayor Geving: Well, that's the point that I'm making. I think tonight
we need to identify exactly what we're going to do and as far as I'm concerned,
based on what I've heard from the rest of the Council members, we're all willing
-- to go along and modify the existing development contract by deleting item 16.
Item 16 is the trail and trail fees which indicates currently that the developer
will pay. They'll submit the plans and the build the construction of this
trail. My idea is to pull this out. To omit it entirely changing the words in
item 16 modifying the development contract to include a requirement that the
trail fees will be collected at the time that each building permit is issued.
That the other provision that there would be no future assessment to the
homeowner. If a trail is built at any time in the future, funds would be
derived from the trail funds that have been previously collected and it would be
a decision of the Park and Rec Commission whether or not the trail would be
proposed. And to carry it one step further, we've all talked about this. There
would be public hearings with those homeowners before the trail would actually
be installed.
Councilman Boyt: I would speak against that. I know it's not a motion yet but
I don't think that this Council wants to tie the arms of any future Council in
how they would approach this trail issue. We're in no position to guarantee
anybody in this town how sidewalks are going to be built in front of their
house.
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IIa City Council Meeting - November 14; 1988
Acting Mayor Geving: Bill, what I'm trying to propose here is that we delete
the existing item 16 which says that the developer will submit the plans and
develop the sidewalks. Okay, we'll delete that let's start over then with
building a new item 16 which says in effect that we will collect the fees at the
time the building permits are issued. They will be put into the trail pool and
we don't need to really say anymore than that except I personally would like to
build into the wordage here for all time that no future assessment for the
construction of these trails in Kurvers Point Road would be placed against the
homeowners. Now that's the motion I would like to place before the Council.
Councilman Horn: I think that could always be changed by any future Council.
Legally we can't tie. ..
Acting Mayor Geving: I know but it's the intent.
Councilman Horn: You can say that's our intent.
' Acting Mayor Geving: You have to always look at where we're at tonight.
position is that the intent of this Council is to do just what we stated. To
' remove the item that's in there now and put back another provision and that was
the motion that I'm going to propose to the Council.
' Councilman Johnson: I think what I'd like to see is our City Attorney or
somebody draw up a new item 16 for us to have the exact reading. This is a
contract we're talking here. It's not a simple condition or anything. It's a
legal binding document that we're modifying here. I think I would like to see
' before we do exactly the final vote, I would like to see the exact wording of
what I'm approving.
II Acting Mayor Geving: I have no problem with that Jay. I really have no problem
with that.
Councilman Johnson: So what I'd like to see is that this come back to us with
whatever conditions. I think one of the conditions that would be part of number
16 is that all homeowners are notified that a trail is planned through the front
of their property as part of the overall city trail system. Not that it may or
' it might but it is planned. This is a walk through, pass through neighborhood
connecting eventually to two different segments of the trail system.
Councilman Horn: I'd also like to include the option in there. I think this
can be somewhat of a general development contract that each builder has the
option of paying them on a permit by permit basis at the current fee at that
time or if they choose they can pay than all off at the existing rate. What
' that does, if you do have a development that may take several years to develop
and everybody knows the trail fees keep going up, you can lock in at a fixed
rate.
Councilman Johnson: So the Kurvers could pay now.
Acting Mayor Geving: Bill, do you have any items you want to add? We're up to
four now.
Councilman Boyt: What I would suggest, I think this is fairly simple although [::
we keep attaching leaves to it. The developer provide the standard trail
24
. . 191
City Council Meeting - November 14, 1988
II
17, -
easement along Kurvers Point Road right-of-way to it's connection through TH 101
and so notify any and all property holders. That the developer pay the trail
fees in effect at the time of the building permit or be able to pay the fees in II
effect at the time of building permit with the provision that the fees may be
paid at any one time in a lump sum.
Acting Mayor Geving: That's 2. 11
Councilman Boyt: I think that covers 3 and 4. _ I
Acting Mayor Geving: Roger, do you have any questions about what our intent is?
Roger Knutson: No. _ II
Acting Mayor Geving: Okay, you could build item 16 around that? Any other
comments? I think we're fairly clear.
I
Frank Kurvers: The wording should say builder instead of developer.
Acting Mayor Geving: I had a problem with that too Frank. That it should be I
builder because once you develop this, you guys are going to be gone and a
builder will be in there applying for the building permits. I agree it should
. be builder and I'm sure Roger would have put that in but that's a good point.
II
Any other comments from the Council?
Councilman Johnson: Was Bill's a motion? II Councilman Boyt: I'm alright with having him write it up, that's fine.
Acting Mayor Geving: If you want to make the motion to do that. Bill I think I
your comments were okay.
Councilman Boyt: I would move with the change of the word builder and developer I
as I previously stated.
Acting Mayor Geving: Okay, and direct Roger to prepare the appropriate wordage
II
for consideration on the 28th.
Councilman Horn: I'll second that.
II
Councilman Boyt moved, Councilman Horn seconded to table action on the Kurvers
Point Trail issue until the next meeting and direct the City Attorney to delete
II
item 16 and reword a new item 16. All voted in favor and the motion carried.
Stuart Warren: I'm one of the new owners who will live in that area. There are II
several lots sold. I have one of them. I think I speak for all three so far
that we would just as soon pass on having the trails put in at all. If not,
I'd kind of like, I heard you say a public hearing with the homeowners. II Acting Mayor Geving: That would be done. I'm quite confident that the future
Council will give you that opportunity.
II
25
II
1 .
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER.
1 DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE BOX 57 (612)455-2359
VANCE B.GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B.KNETSCH
VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER
PATRICK A. FARRELL TIMOTHY J BERG
' DAVID L. GRANNIS,III
ROGER N.KNUTSON SOUTH ST PAUL, MINNESOTA 55075
TELEPHONE(612)455-1661
DAVID L. HARMEYER
November 22, 1988
Mr. Larry Brown
Chanhassen City Hall
690 Coulter Drive, Box 147
' Chanhassen, Minnesota 55317
RE: Kurvers Point Development Contract
1 Dear Larry:
1 Enclosed is the revised language the City Council requested
concerning trails and trail fees.
V- • yours,
1 GR, NIS, G: -NNIS, FARRELL
•
1 BY.
Roger N. Knutson
RNK:srn
1 Enclosure
1
1
1
1
NOV 2 ,3 1988
iCITY OF CHANHASSEN
1
40e,
1
16. Trails and Trail Fees. In the future the City may
construct a trail in the plat along the Kurvers Point Road
right-of-way to its connection with TH 101. The Developer shall
inform, in writing, each lot buyer of this planned trail
construction. Before a building permit is issued for a lot, a
trail fee shall be paid in accordance with the fee schedule that
exists at that time. The trail fee, however, may be prepaid at
any time in accordance with the fee schedule that exists at the
time of payment. '
1