CC Staff Report 8-26-19CITY COUNCIL STAFF REPORT
Monday, August 26, 2019
Subject Glendale Homes: Approve Final Plat, Development Contract and Construction Plans
Section CONSENT AGENDA Item No: D.5.
Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case 201813
PROPOSED MOTION
“The City Council grants approval of the final plat for Glendale Drive Homes Addition as shown in plans stamped
"Received July 26, 2019" subject to the Conditions of Approval in the staff report; and
The City Council grants approval of the development contract for Glendale Drive Homes Addition; and
The City Council grants approval of the construction plans for Glendale Drive Homes Addition."
Approval requires a Simple Majority Vote of members present.
SUMMARY
Final plat approval to replat 2.14 acres into five lots and one outlot located at the southwest intersection of Minnewashta
Parkway and Glendale Drive.The site is intended to house five singlefamily homes. The property is zoned Single
Family Residential, RSF.Sewer and water are available to the site. Access to the site is proposed via Glendale
Drive.
BACKGROUND
On October 22, 2018, the Chanhassen City Council adopted the following motion:
“The Chanhassen City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot as
shown in plans stamped "Received August 29, 2018" subject to conditions and adoption of the Findings of Fact and
Decision." Detailed review of the preliminary plat Conditions of Approval are contained in the attached staff report.
DISCUSSION
The applicant is requesting final plat approval to replat 2.14 acres into five lots and one outlot, for singlefamily
detached housing.The site is zoned Single Family Residential, RSF. The site is located at the southwest intersection of
Minnewashta Parkway and Glendale Drive. Access to the site is proposed via Glendale Drive. Sewer and water is
available to the site.
The subdivision request is a relatively straightforward action and staff is recommending approval with conditions.
CITY COUNCIL STAFF REPORTMonday, August 26, 2019SubjectGlendale Homes: Approve Final Plat, Development Contract and Construction PlansSectionCONSENT AGENDA Item No: D.5.Prepared By Sharmeen AlJaff, Senior Planner File No: Planning Case 201813PROPOSED MOTION“The City Council grants approval of the final plat for Glendale Drive Homes Addition as shown in plans stamped"Received July 26, 2019" subject to the Conditions of Approval in the staff report; andThe City Council grants approval of the development contract for Glendale Drive Homes Addition; andThe City Council grants approval of the construction plans for Glendale Drive Homes Addition."Approval requires a Simple Majority Vote of members present.SUMMARYFinal plat approval to replat 2.14 acres into five lots and one outlot located at the southwest intersection of MinnewashtaParkway and Glendale Drive.The site is intended to house five singlefamily homes. The property is zoned SingleFamily Residential, RSF.Sewer and water are available to the site. Access to the site is proposed via GlendaleDrive.BACKGROUNDOn October 22, 2018, the Chanhassen City Council adopted the following motion:“The Chanhassen City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot asshown in plans stamped "Received August 29, 2018" subject to conditions and adoption of the Findings of Fact andDecision." Detailed review of the preliminary plat Conditions of Approval are contained in the attached staff report.DISCUSSIONThe applicant is requesting final plat approval to replat 2.14 acres into five lots and one outlot, for singlefamilydetached housing.The site is zoned Single Family Residential, RSF. The site is located at the southwest intersection ofMinnewashta Parkway and Glendale Drive. Access to the site is proposed via Glendale Drive. Sewer and water isavailable to the site.
The subdivision request is a relatively straightforward action and staff is recommending approval with conditions.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning
Ordinance.
RECOMMENDATION
Staff recommends that the City Council adopt the motions to approve the final plat, construction plans, and
development contract for Glendale Drive Homes with conditions shown on pages 1012 of the attached staff report.
ATTACHMENTS:
Staff Report
Application for Development Review
Final Plat
Development Contract
Construction Plans
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Sharmeen Al-Jaff, Senior Planner
DATE: August 26, 2019
SUBJ: Glendale Drive Homes - Approval of Final Plat, Development Contract,
Construction Plans - Planning Case 2018-13
PROPOSAL SUMMARY
Final plat approval to replat 2.14 acres
into five lots and two outlots, located at
the southwest intersection of
Minnewashta Parkway and Glendale
Drive. The property is zoned Single
Family Residential, RSF. Sewer and
water are available to the site. Access
to the site is proposed via Glendale
Drive. The site is intended to house
five single-family homes.
PROPOSED MOTIONS
“The City Council grants approval of the final plat for Glendale Drive Homes
Addition as shown in plans stamped “Received July 26, 2019”, subject to the
Conditions of Approval in the staff report; and
The City Council grants approval of the development contract for Glendale Drive
Homes Addition; and
The City Council grants approval of the construction plans for Glendale Drive Homes
Addition.”
Approval requires a simple majority vote of City Council present.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 2
BACKGROUND
On October 22, 2018, the Chanhassen City Council adopted the following motion:
“The Chanhassen City Council approves the preliminary plat to subdivide 2.14 acres into five
lots and one outlot as shown in plans stamped “Received August 29, 2018” subject to the
following conditions:
SUBDIVISION
Engineering:
1. Provide right-of-way (ROW) over the entirety of the trail along the west side of
Minnewashta Parkway. - This condition has been met.
2. The survey of existing conditions does not indicate ROW between Glendale Drive and to
the south for approximately 100 feet. (The survey does not correlate with Carver
County’s property information which indicates ROW for the road section is in place but a
portion of the bituminous trail on the west side of Minnewashta Parkway is not within the
ROW.) - This condition has been met.
3. No stationing is shown in the plan set. - This condition has been met.
4. The drainage and utility easements are shown only on the plat. They should also be
conveyed on the site plan. (D&U easements were added to the grading plan but not the
site and utility plan.) - This condition has been met.
5. Indicate surface water drainage flow arrows on the grading plan. - This condition has
been met.
6. Provide existing and proposed elevations at the following locations: each lot corner, top
of curb or centerline of the street at each lot line extension, center of proposed driveway
at the curb or edge of the roadway. - This condition has been met.
7. Additional conditions will be identified after the developer has an opportunity to revise
the design based upon the current conditions that are considered to be major in nature as
they will require significant changes to the design. - This condition has been met (based
on the new conditions below.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 3
Water Resources:
1. Private stormwater best management practices (BMPs) are not permitted in public
drainage and utility easements. An encroachment agreement will be required for the
private swale within all side yard drainage and utility easements. - This condition no
longer applies.
2. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer. - This condition still applies.
3. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity. - This condition still applies.
4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed. - This condition still applies.
5. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed. - This
condition still applies.
6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope
of any primary structure. - This condition has been met.
7. If an emergency overflow route is adjacent to the property the lowest building opening
must be a minimum of one foot above the emergency overflow (EOF) (City Code Sec.
19-144). All EOFs routing onto this adjacent property must be 1’ below the lowest floor
opening. Developer proposes a single EOF at elevation 972’ on Lot 5 that meets this
requirement. - This condition has been met.
8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City
Code Sec. 7-78). - This condition has been met.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 4
9. SWPPP contact must be identified. - This condition has been met.
10. Developer must provide an erosion and sediment control plan, and dewatering plan
approved by the Water Resources Coordinator. - This condition has been met.
11. Maximum impervious per lot is 25%. - This condition still applies.
12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction.
Topsoil shall be tested and approved by the Water Resources Coordinator. - This
condition has been met.
13. The developer shall provide an updated Hydrocad model and stormwater management
plan that is consistent with and supports the engineered plans and geotechnical report. -
This condition has been met.
14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5
(SB-1). There must be three feet of separation between the bottom elevation of
stormwater infiltration devices and the water table. Based on the geotechnical report, the
bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975.
The proposed “pond” will need to be lined if less than 3’ of separation from seasonal high
water table. - This condition has been modified based on final plat submittal and still
applies: “An updated boring log was received in an effort to satisfy Water
Resources preliminary plat condition 14, which was imposed based on previously
submitted geotechnical reports. However, a standalone boring log is insufficient in
meeting the condition, and an updated, comprehensive geotechnical report by a
licensed geotechnical engineer incorporating the updated findings with subsequent
analysis and recommendations shall be submitted.
15. The geotechnical report identifies moderately slow permeability of soils. Any infiltration
swales must be sized to allow no more than 6” of ponding depth and drawdown within
24-48 hours. - This condition has been met.
16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and
infiltration device locations prior to final approval. - This condition has been met.
17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet
and outlet structures, underdrains, filtration media/amended soils, location and quantities
of all species used. Ecotype must be native or approved native hybrid. - This condition
has been met.
18. Details must be provided and approved for all stormwater treatment devices. - This
condition has been met.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 5
19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits. - This condition still applies.
20. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.)
prior to the City issuing permits. - This condition still applies.
21. Project must meet all stormwater requirements of the city and the MCWD. - This
condition has been removed due to redundancy.
22. Project will require stormwater management fees associated with city development
review and permitting process. Fees can be estimated but cannot be accurately calculated
until approvals have been received from the MCWD. - This condition has been
removed due to redundancy.
23. The site plan must identify the ability to install a future stormwater pipe that could
connect the development to a regional pond southeast of the development. - This
condition no longer applies.
24. The development must use Chanhassen Standard Specifications and Detail Plates. - This
condition has been removed due to redundancy.
Parks:
1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $29,000 (five lots x $5,800 per lot). - This condition still applies.
Environmental Resources Coordinator:
1. The minimum number of overstory trees required to be planted in the development is 41.
- This condition has been met.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion. - This condition still
applies.
3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta
Parkway. – This condition has been met.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 6
FINAL PLAT
The applicant is requesting final plat approval to replat 2.14 acres into five lots and two outlots,
for single-family detached housing. The site is zoned Single Family Residential, RSF. The site is
located at southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site
is proposed via Glendale Drive. Sewer and water is available to the site.
The subdivision request is a relatively straightforward action and staff is recommending approval
with conditions.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent
with the Zoning Ordinance.
SITE CONSTRAINTS
Wetland Protection
The City of Chanhassen Wetland Inventory and the National Wetland Inventory do not indicate
the presence of any wetlands on the subject property. A review of historic aerial photographs
and on-site observations supports the conclusion that there are no wetlands on the subject
property.
Bluff Protection
There are no bluffs on the property.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 7
Shoreland Management
The entire site lies within the shoreland district for Lake Minnewashta. The plans comply with
the shoreland regulations
Floodplain Overlay
This property does not lie within a floodplain.
Bluff Creek Overlay
This property does not lie within the Bluff Creek Overlay District.
STREETS
The proposed subdivision abuts Glendale Drive to the north, Minnewashta Parkway to the east,
and Country Oaks Drive to the west. Access to all five lots on the final plat will be had from
Glendale Drive. As required by the conditions of the preliminary plat, the applicant has
dedicated adequate ROW for Minnewashta Parkway and the trail adjacent to Lot 5.
Additionally, adequate ROW has been dedicated for Glendale Drive in the areas adjacent to Lots
4 and 5, and to Country Oaks Drive to the west of Lot 1.
EASEMENTS
The applicant is proposing the dedication of drainage and utility easements (D&U) for the
subdivision that meet Sec. 18-76. of city ordinance. Private easements will be required to be
recorded against the properties for the access and maintenance of the private stormwater basin on
Lot 5.
GRADING & DRAINAGE
Grading is proposed to route stormwater away from buildings and direct as much runoff to a
stormwater management basin located on the east side of Lot 5. Drainage arrows were illustrated
on the submitted plans for final plat review as required by the preliminary plat conditions. Roof
runoff will be directed to the back yards and conveyed into the basin, with front yard runoff
draining directly to the street. This approach is acceptable as the applicant has oversized the
stormwater basin for additional abstraction and treatment to the maximum extent practicable.
EROSION PREVENTION AND SEDIMENT CONTROL
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject
to the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). The applicant has prepared and submitted a Surface Water Pollution
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 8
Prevention Plan (SWPPP) to the city for review. The SWPPP is a required submittal element for
preliminary plat review. No earth disturbing activities may occur until an approved SWPPP is
developed. This SWPPP shall be a standalone document consistent with the NPDES
Construction Permit and shall contain all required elements as listed in the permit. The SWPPP
will need to be updated as the plans are finalized, when the contractor and their sub-contractors
are identified and as other conditions change.
SANITARY SEWER AND WATER MAIN
Sanitary sewer and water services are available on the Glendale Drive frontage via an 8” PVC
main and 6” cast iron main, respectively. The applicant is proposing to serve sanitary sewer and
water service to all five lots via these public mains; all service connections shall be installed
according to city standards and specifications. The installation of a new fire hydrant is proposed
as required by the Fire Department. This installation will require an Underground Utility Permit
(right-of-way permit) and shall be installed in accordance with city standards and specifications.
Coordination with the Public Works Department 48-hours prior to commencement of work is
required.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of city code describes the required stormwater management development
standards. Section 19-141 states that “these development standards shall be reflected in plans
prepared by developers and/or project proposers in the design and layout of site plans,
subdivisions and water management features.” The applicant has provided a stormwater
management proposal that generally meets the standards set forth in Chapter 19, and was
reviewed to be feasible for the site. The proposed biofiltration basin located on the east side of
Lot 5 will provide a sufficient level of retention to meet the volume control requirements and the
filtration media proposed will provide sufficient levels of treatment to meet the quality
requirements of the city. After treatment, the basin will route runoff to an existing stormwater
catch basin located on the corner of Glendale Drive and Minnewashta Parkway. This will
require an Underground Utility Permit and the connection shall be in accordance with city
standards and specifications.
STORMWATER UTILITY CONNECTION CHARGES
Section 4-30 of city code sets out the fees associated with surface water management. A water
quality and water quantity fee are collected with a subdivision. These fees are based on land use
type and are intended to reflect the fact that the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots of record being created. It is calculated as shown in the
table below:
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 9
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time, 2019 rates are $2,311/unit and $691/unit for water and
sewer, respectively. The remaining sewer and water hookups fees are due with the building
permit.
FEES
Based on the proposal the following fees would be collected with the development contract:
a) Administration Fee (the improvement costs is estimated to be $38,177.00 @ 3%):
$1,145.31
b) Surface water management fee: $15,874.56
c) A portion of the water hook-up charge($2,311/unit @ 5 units): $11,555.00
d) A portion of the sanitary sewer hook-up charge ($691/unit @ 5 units): $3,455.00
e) Park dedication fee: $29,000.00
f) GIS fees ($25 for the plat plus $10 per parcel @ 5 parcels): $75.00
g) Attorney fee for reviewing and recording of final plat and development contract: $450.00
COMPREHENSIVE PARK PLAN
The city’s comprehensive park plan calls for a
neighborhood park to be located within one-half
mile of every residence in the city. The proposed
Glendale Drive is wholly located within the
Roundhouse Park neighborhood park service area.
Roundhouse Park features the following amenities:
swimming beach, playground, swings, picnic shelter,
fishing pier, tennis court, four pickleball courts,
basketball court, skating rink, open play field, trails
and parking area.
PER ACRE FEE ACRES FEE
$8,320 2.142 17,821.44$
$8,320 0.171 (1,422.72)$
$8,320 0.019 (158.08)$
$8,320 0.04 (332.80)$
$8,320 0.004 (33.28)$
$8,320 -$
1.908 15,874.56$
AREA
SURFACE WATER
DEVELOPMENT FEE
GROSS AREA
Glendale Drive
Country Oaks Drive
Outlot A
Oulot B
NET AREA
Roundhouse
Park
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 10
COMPREHENSIVE TRAIL PLAN
The city’s comprehensive trail plan calls for public parks to be connected to neighborhoods
through a combination of sidewalks and trails. The proposed Glendale Drive is connected by
sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. This existing trail
should be protected and maintained in an open condition throughout the subdivision
development and housing construction.
COMPLIANCE TABLE
RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet
DEVELOPMENT CONTRACT
The attached development contract incorporates the Conditions of Approval for the final plat and
construction plans and specifications. A $45,774.22 financial security is required to guarantee
compliance with the terms of the development contract relating to site grading, the installation of
streets and utilities, engineering, surveying, inspection, landscaping and topsoil.
The cash fees for this project total $61,554.87. City funds are not needed as part of this private
development project.
RECOMMENDATION
Staff recommends that the City Council adopt the following motions:
SUBDIVISION
Lot Area
(sq. ft.)
Lot
Width
Lot
Depth
25 %Maximum
Site Coverage
(sq. ft.)
Code (RSF) 15,000 90 125 3,750
Lot 1 18,646 123 150 4,661.5
Lot 2 16,950 113 150 4,237.5
Lot 3 16,950 113 150 4,237.5
Lot 4 15,729 138.16 131 3,932.25
Lot 5 15,030 156 112 3,757.5
Outlot A 1,731
Outlot B 194
Total 85,230
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 11
Engineering:
1. The applicant shall deed Outlot A to the City of Chanhassen.
2. On sheet C-1 of the site and utility plan and profile: the general utility note that reads
“The contractor shall receive the necessary permits for all work outside of the property
limits” shall specifically reference the city’s Underground Utility Permit and coordination
with Public Works staff (952-227-1300) for work within the public right-of-way; the
general utility note that reads “All storm sewer pipe shall be class 5 unless otherwise
noted” shall reference RCP class 5; the general utility note that reads “The contractor
shall contact “Gopher State One Call” for utility locations prior to utility installation”
shall specify that utility locates shall be completed prior to grading and utility
installation; fire hydrant call-out shall indicate city detail plate #1004; remove and
replace pavement call-out shall indicate city detail plate #5202A.
3. On sheet C-2 of the grading plan: general grading and drainage notes refer to a “paving
plan” for detailed spot elevations, no paving plan should be necessary for these
improvements however, if one was created the applicant shall submit the paving plan for
review; the general grading and drainage notes shall indicate that cleaning operations of
streets shall be conducted by a street sweeper vacuum truck.
4. On sheet C-3 of the erosion control plan BMP O&M plan: the silt fence extending
through and across the construction entrance shall be removed to not cross the
construction entrance and shall instead “J-hook” on each side of the entrance.
5. On sheet C-4 of the details and notes: add detail plates specific to all improvements to
the site and utilize the city’s details where applicable (e.g. connection to existing catch
basin, water services, sanitary services, outlet control structures, concrete washouts, street
cuts/repairs, hydrant installations, etc.)
6. On sheet C-5 of the SWPPP – narrative and notes: update “dates of construction” to
indicate that the installation of silt fence and the construction entrance must be installed
prior to mass grading or the removal of trees; update City of Chanhassen erosion control
notes for a minimum of 48 hour notice prior to inspection and to call Ryan Pinkalla at
952-227-1173 for the initial inspection.
Water Resources:
1. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer.
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 12
2. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity.
3. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed.
4. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed.
5. Maximum impervious per lot is 25%.
6. An updated boring log was received in an effort to satisfy Water Resources preliminary
plat condition 14, which was imposed based on previously submitted geotechnical
reports. However, a standalone boring log is insufficient in meeting the condition, and an
updated, comprehensive geotechnical report by a licensed geotechnical engineer
incorporating the updated findings with subsequent analysis and recommendations shall
be submitted.
7. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits.
8. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.)
prior to the City issuing permits.
Parks:
1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $29,000 (five lots x $5,800 per lot).
Environmental Resources Coordinator:
Todd Gerhardt
Glendale Drive Homes
August 26, 2019
Page 13
1. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
DEVELOPMENT CONTRACT
“The City Council approves the development contract for Glendale Drive Homes.”
CONSTRUCTION PLANS
“The City Council approves the construction plans stamped “Received July 26, 2019” for
Glendale Drive Homes subject to the conditions listed above.
ATTACHMENTS
1. Final Plat.
2. Development Contract and Construction Plans.
g:\plan\2018 planning cases\18-13 glendale drive homes subdivision\final plat\july 26-2019 submittal\final plat staff report.docx
7/26/19
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
GLENDALE DRIVE HOMES
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
i
TABLE OF CONTENTS
SPECIAL PROVISIONS PAGE
1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1
2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1
3. DEVELOPMENT PLANS ............................................................................................ SP-1
4. IMPROVEMENTS ........................................................................................................ SP-2
5. TIME OF PERFORMANCE ......................................................................................... SP-2
6. SECURITY .................................................................................................................... SP-2
7. NOTICE ......................................................................................................................... SP-3
8. OTHER SPECIAL CONDITIONS................................................................................ SP-3
9. GENERAL CONDITIONS ........................................................................................... SP-5
GENERAL CONDITIONS
1. RIGHT TO PROCEED ................................................................................................. GC-1
2. PHASED DEVELOPMENT ........................................................................................ GC-1
3. PRELIMINARY PLAT STATUS ................................................................................ GC-1
4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1
5. IMPROVEMENTS ....................................................................................................... GC-1
6. IRON MONUMENTS .................................................................................................. GC-2
7. LICENSE ...................................................................................................................... GC-2
8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR
OTHER BUILDING ......................................................................................... GC-2
9. CLEAN UP ................................................................................................................... GC-3
10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3
11. CLAIMS ....................................................................................................................... GC-3
12. PARK DEDICATION .................................................................................................. GC-3
13. LANDSCAPING .......................................................................................................... GC-3
14. WARRANTY ............................................................................................................... GC-4
15. LOT PLANS ................................................................................................................. GC-4
16. EXISTING ASSESSMENTS ....................................................................................... GC-4
17. HOOK-UP CHARGES ................................................................................................. GC-4
18. PUBLIC STREET LIGHTING..................................................................................... GC-4
19. SIGNAGE ..................................................................................................................... GC-5
20. HOUSE PADS .............................................................................................................. GC-5
21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5
22. DEVELOPER'S DEFAULT ......................................................................................... GC-6
22. MISCELLANEOUS
A. Construction Trailers ........................................................................................ GC-6
B. Postal Service .................................................................................................... GC-7
C. Third Parties ...................................................................................................... GC-7
D. Breach of Contract ............................................................................................ GC-7
E. Severability ....................................................................................................... GC-7
ii
F. Building Permits ............................................................................................... GC-7
G. Waivers/Amendments ....................................................................................... GC-7
H. Release .............................................................................................................. GC-7
I. Insurance ........................................................................................................... GC-7
J. Remedies ........................................................................................................... GC-8
K. Assignability ..................................................................................................... GC-8
L. Construction Hours ........................................................................................... GC-8
M. Noise Amplification .......................................................................................... GC-8
N. Access ............................................................................................................... GC-8
O. Street Maintenance............................................................................................ GC-8
P. Storm Sewer Maintenance ................................................................................ GC-9
Q. Soil Treatment Systems .................................................................................... GC-9
R. Variances........................................................................................................... GC-9
S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9
T. Proof of Title ..................................................................................................... GC-9
U. Soil Conditions................................................................................................ GC-10
V. Soil Correction ................................................................................................ GC-10
W. Haul Routes ......................................................................................................... GC-10
X. Development Signs .............................................................................................. GC-10
Y. Construction Plans ............................................................................................... GC-10
Z. As-Built Lot Surveys ........................................................................................... GC-11
SP-1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
GLENDALE DRIVE HOMES
SPECIAL PROVISIONS
AGREEMENT dated August 26, 2019 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, Lake West Development, LLC, a Minnesota
limited liability company (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
Glendale Drive Homes (referred to in this Contract as the "plat"). The land is legally described on
the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any
work in the plat. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A: Final plat approved August 26, 2019, prepared by Advance Surveying & Engineering
Co.
Plan B: Grading, Drainage and Erosion Control Plan dated January 14, 2019 last updated July
17, 2019, prepared by Ryan Engineering.
Plan C: Plans and Specifications for Improvements dated January 14, 2019 last updated July
17, 2019, prepared by Ryan Engineering.
Plan D: Landscape Plan dated January 11, 2019 last updated July 17, 2019, prepared by Ryan
Engineering.
SP-2
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements by
November 15, 2020. The Developer may, however, request an extension of time from the City
Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto,
from a bank acceptable to the City, or cash escrow ("security") for $45,774.22. The amount of the
security was calculated as 110% of the following:
Site Grading/Erosion Control/Restoration $30,727.00
Sanitary Sewer $ -
Watermain $7,450.00
Storm Sewer, Drainage System, including cleaning and maintenance $ -
Streets $ -
Street lights and signs $ -
Sub-total, Construction Costs $38,177.00
Engineering, surveying, and inspection (7% of construction costs) $2,672.39
Landscaping (2% of construction costs) $763.54
Sub-total, Other Costs $3,435.93
TOTAL COST OF PUBLIC IMPROVEMENTS $41,612.93
SECURITY AMOUNT (110% of 41,612.93) $45,774.22
SP-3
This breakdown is for historical reference; it is not a restriction on the use of the security. The security
shall be subject to the approval of the City. The City may draw down the security, without notice, for
any violation of the terms of this Contract. If the required public improvements are not completed at
least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the
security is drawn down, the draw shall be used to cure the default. With City approval, the security
may be reduced from time to time as financial obligations are paid, but in no case shall the security
be reduced to a point less than 10% of the original amount until (1) all improvements have been
completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the
City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security
is provided, and (6) the public improvements are accepted by the City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address:
Perry Ryan
Lake West Development, LLC
14525 Highway 7, Suite 265
Minnetonka, MN 55345
Phone: 952-653-1359
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
8. Other Special Conditions.
A. SECURITIES AND FEES
1. A $45,774.22 letter of credit or escrow for the developer-installed improvements, the
$61,554.87 cash administration fee and the fully-executed development contract must be
submitted and shall be submitted prior to scheduling a pre-construction meeting.
B. CONDITIONS OF APPROVAL
Engineering:
1. The applicant shall deed Outlot A to the City of Chanhassen.
2. On sheet C-1 of the site and utility plan and profile: the general utility note that reads
“The contractor shall receive the necessary permits for all work outside of the property
limits” shall specifically reference the city’s Underground Utility Permit and coordination
with Public Works staff (952-227-1300) for work within the public right-of-way; the
general utility note that reads “All storm sewer pipe shall be class 5 unless otherwise
SP-4
noted” shall reference RCP class 5; the general utility note that reads “The contractor
shall contact “Gopher State One Call” for utility locations prior to utility installation”
shall specify that utility locates shall be completed prior to grading and utility
installation; fire hydrant call-out shall indicate city detail plate #1004; remove and
replace pavement call-out shall indicate city detail plate #5202A
3. On sheet C-2 of the grading plan: general grading and drainage notes refer to a “paving
plan” for detailed spot elevations, no paving plan should be necessary for these
improvements however if one was created the applicant shall submit the paving plan for
review; the general grading and drainage notes shall indicate that cleaning operations of
streets shall be conducted by a street sweeper vacuum truck.
4. On sheet C-3 of the erosion control plan BMP O&M plan: the silt fence extending
through and across the construction entrance shall be removed to not cross the
construction entrance and shall instead “J-hook” on each side of the entrance.
5. On sheet C-4 of the details and notes: add detail plates specific to all improvements to the
site and utilize the city’s details where applicable (e.g. connection to existing catch basin,
water services, sanitary services, outlet control structures, concrete washouts, street
cuts/repairs, hydrant installations, etc.)
6. On sheet C-5 of the SWPPP – narrative and notes: update “dates of construction” to
indicate that the installation of silt fence and the construction entrance must be installed
prior to mass grading or the removal of trees; update City of Chanhassen erosion control
notes for a minimum of 48 hour notice prior to inspection and to call Ryan Pinkalla at
952-227-1173 for the initial inspection.
Water Resources:
1. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer.
2. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity.
3. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed.
SP-5
4. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed.
5. Maximum impervious per lot is 25%.
6. An updated boring log was received in an effort to satisfy Water Resources preliminary
plat condition 14, which was imposed based on previously submitted geotechnical
reports. However, a standalone boring log is insufficient in meeting the condition, and an
updated, comprehensive geotechnical report by a licensed geotechnical engineer
incorporating the updated findings with subsequent analysis and recommendations shall
be submitted.
7. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits.
8. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, MPCA, Carver County, MCWD, Board of Water and Soil Resources,
PCA, etc.) prior to the City issuing permits.
9. General Conditions. The general conditions of this Contract are attached as Exhibit
"B" and incorporated herein.
SP-6
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
20__, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
SP-7
Lake West Development, LLC:
BY:
Curt Fretham, Chief Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20__, by Curt Fretham, Chief Manager of Lake West Development Company, LLC, a Minnesota
limited liability company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Parcel A: (Abstract)
Beginning at the Southwest corner of Government Lot 5, Section 5, Township 116, Range 23,
thence East along the southerly line of said Government Lot, 594.2 feet; thence North at right
angles to said southerly line of Government lot 5 for a distance of 262.5 feet to the actual point
of beginning of the tract of land to be described; thence continuing North on said last described
line for a distance of 103.5 feet to the point of intersection with a line drawn parallel to and 366.0
feet North of the South line of said Government Lot 5, thence East along said parallel line to its
point of intersection with the westerly line of Carver County Road No.3 (formerly known as
Glencoe Road), thence Southwesterly along the westerly right-of-way line of said Carver County
Road No. 3 to its point of intersection with a line drawn parallel to and 262.5 feet north of the
South line of said Government Lot 5; thence West along said parallel line to the point of
beginning.
And including:
Starting at the SW corner of said cemetery, identified as Minnewashta Cemetery in Document
No. A253524 recorded with the Carver County Recorder, State of Minnesota, thence south one
rod to the north line of George M. Leach's premises, thence east over said line to the west side of
the Minneapolis and Glencoe Road; thence northeasterly along said road to the south line of H.
H. Whitmore premises {now Maple Drive in Pleasant Acres Plat); thence west along said line to
the starting point. Said strip of land is one rod wide and is a part of Lot 5, of Section 5, Township
116, Range 23.
Parcel B: (Abstract)
Beginning at the Southwest corner of Government Lot 5, Section 5, Township 116, Range 23,
thence East along the southerly line of said Government Lot, 594.2 feet; thence North at right
angles to said southerly line of Government Lot 5 for a distance of 366.00 feet to the point of
beginning of the parcel to be described; thence continuing North on said last described line for a
distance of 30.00 feet to the point of intersection with a line drawn parallel to and 396.0 feet
North of the South line of said Government Lot 5; thence East along said parallel line to its point
of intersection with the westerly line of Carver County Road No. 3 (formerly known as Glencoe
Road); thence Southwesterly along the westerly right-of-way line of said Carver County Road
No.3 to its point of intersection with a line drawn parallel to and 366.00 feet north of the South
line of said Government Lot 5; thence West along said parallel line to the point of beginning.
Parcel C: (Torrens)
Outlot A, Country Oaks, Carver County, Minnesota.
Together with a permanent easement for driveway and utility purposes as contained and granted
in Document Number 92538 filed December 16, 1987.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20___, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
,
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound
by the provisions as the same may apply to that portion of the subject property owned by them.
Dated this day of , 20 .
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20___, by .
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________,
2______, of (Name of Bank) ";
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2______.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen
City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is
actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
BY: ____________________________________
Its ______________________________
GC-1
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private improvements, or any buildings until all the following conditions have been satisfied: 1)
this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary
security and fees have been received by the City, 3) the plat has been recorded with the County
Recorder's Office or Registrar of Title’s Office of the County where the plat is located, and 4) the City
Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer
may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not proceed
until Development Contracts for such phases are approved by the City. Park charges and area charges
for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and specifications
which have been prepared and signed by a competent registered professional engineer furnished to
the City and approved by the City Engineer. The Developer shall obtain all necessary permits from
the Metropolitan Council Environmental Services and other pertinent agencies before proceeding
GC-2
with construction. The City will, at the Developer's expense, have one or more construction inspectors
and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a
qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be
submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector
to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the
construction is being performed to an acceptable level of quality in accordance with the engineer's
design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually
agreeable time at the City Council chambers with all parties concerned, including the City staff, to
review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1.
The Developer's surveyor shall submit a written notice to the City certifying that the monuments have
been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before any
utility construction is commenced or building permits are issued, the erosion and sediment control
plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose
additional erosion and sediment control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall
be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall
be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that
time is of the essence in controlling erosion and sediment transport. If the Developer does not comply
with the erosion and sediment control plan and schedule of supplementary instructions received from
the City, the City may take such action as it deems appropriate to control erosion and sediment
transport at the Developer's expense. The City will endeavor to notify the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and
sediment control needs to be maintained until vegetative cover has been restored, even if construction
has been completed and accepted. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion and sediment control, the City will authorize the removal
of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and
dispose of the erosion and sediment control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before a
building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City
Code § 7-22.
GC-3
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that
has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a representative
of the contractor, and a representative of the Developer's engineer will make a final inspection of the
work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be
satisfied that all work is satisfactorily completed in accordance with the approved plans and
specifications and the Developer and his engineer shall submit a written statement to the City
Engineer certifying that the project has been completed in accordance with the approved plans and
specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the
public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been paid,
and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted
with the City, and if the claims are not resolved at least ninety (90) days before the security required
by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon
the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with
the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from
any further proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The
minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled
and burlapped. The trees may not be planted in the boulevard (area between curb and property line).
In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the
Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a
minimum of six (6) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas
of the lot. If these improvements are not in place at the time a certificate of occupancy is requested,
a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City.
These conditions must then be complied with within two (2) months after the certificate of occupancy
issued, except that if the certificate of occupancy is issued between October 1 through May 1 these
conditions must be complied with by the following July 1st. Upon expiration of the time period,
inspections will be conducted by City staff to verify satisfactory completion of all conditions. City
staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the
GC-4
escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be
returned. If the requirements are not satisfied, the City may use the security to satisfy the
requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant
to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances.
These requirements supplement, but do not replace, specific landscaping conditions that may have
been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit
either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit
for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City
acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage,
Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for
review and approval by the City Engineer. Each plan shall assure that drainage is maintained away
from buildings and that tree removal is consistent with development plans and City Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re-spread
against the plat in accordance with City standards.
17. Hook-up Charges. . At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot
in the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
18. Public Street Lighting. The Developer shall have installed and pay for public street
lights in accordance with City standards. The public street lights shall be accepted for City ownership
and maintenance at the same time that the public street is accepted for ownership and maintenance.
A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City
signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in
GC-5
the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street
light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be furnished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as-built" plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the installation
of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such
as review of construction documents, preparation of the Development Contract, monitoring
construction progress, processing pay requests, processing security reductions, and final acceptance
of improvements. This fee does not cover the City's cost for construction inspections. The fee shall
be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000 and
$1,000,000, three percent (3%) of construction costs for the first $500,000 and
two percent (2%) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000, two
and one-half percent (2½%) of construction costs for the first $1,000,000 and
one and one-half percent (1½%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based upon
actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special
Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for all
costs incurred by the City for providing construction and erosion and sediment control inspections.
This cost will be periodically billed directly to the Developer based on the actual progress of the
construction. Payment shall be due in accordance with Article 21E of this Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
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D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all plat development work and construction, including but not limited to the issuance
of building permits for lots which the Developer may or may not have sold, until the bills are paid in
full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as, but not limited to, sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation of
electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting
the plat and record drawings into an electronic format. Record drawings must be submitted within
four months of final acceptance of public utilities. All digital information submitted to the City shall
be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than four (4) days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
23. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job
site offices shall be approved by the City Engineer as a part of the pre-construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within thirty
(30) days following the acceptance of the public improvements unless otherwise approved by the City
Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City
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shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this
Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots sold to third parties. The City may also issue
a stop work order halting all plat development until the breach has been cured and the City has
received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property . After the Developer has completed the work required of it under this Contract,
at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the City
has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's
work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide that the City must be given ten (10)
days advance written notice of the cancellation of the insurance. The certificate may not contain any
disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
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to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assignability. The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur
from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such
activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors,
agents and supplies to comply with these requirements and the Contractor is responsible for their
failure to do so. Under emergency conditions, this limitation may be waived by the written consent
of the City Engineer. If construction occurs outside of the permitted construction hours,
the Contractor shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and
similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street maintenance
until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer
when hazards develop in streets to prevent the public from traveling on same and directing attention
to detours. If streets become impassable, the City may order that such streets shall be barricaded and
closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage.
The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance
of the streets. The City shall have complete discretion to approve or reject the request. The City shall
not be responsible for reshaping or damage to the street base or utilities because of snow plowing
operations. The provision of City snow plowing service does not constitute final acceptance of the
streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives storm water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
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maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been accepted
by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special
provisions of this contract, will be held by the City for the duration of the 2-year maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall be
done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render
them as unacceptable and replacement sites will need to be located for each violated site in order to
obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the plat
are buildable without the need for variances from the City's ordinances.
S. Compliance with Laws, Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of suitability
of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have
no fill material a soils report from a qualified soils engineer is not required unless the City's building
inspection department determines from observation that there may be a soils problem. On lots with
fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report
from a qualified soils engineer shall be provided before the City issues a building permit for the lot.
On lots with fill material that have been custom graded, a satisfactory soils report from a qualified
soils engineer shall be provided before the City inspects the foundation for a building on the lot.
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W. Haul Routes. The Developer, the Developer’s contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and shall
be removed when the required improvements are completed, except for the final lift of asphalt on
streets. The signs shall contain the following information: project name, name of developer,
developer’s telephone number and designated contact person, allowed construction hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11”x17” reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the Developer
shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2)
two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets,
(4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all
utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in
both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital
file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities
installed, including the per lineal foot bid price. The Developer is required to submit the final plat in
electronic format.
Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive
to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and
the as-built escrow withheld until all work is complete.
Rev. 3/31/06