Loading...
3b. Extension of mining/grading permit for McGlynn Bakeries I 3 I r CITY OF . , . t e 0%1,4 ii, CHANHASSEN r 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I47 (612) 937-1900 • FAX (612) 937-5739 ,_. ✓ Ht IMEMORANDUM - '— TO: Don Ashworth, City Manager F IFROM: Jo Ann Olsen, Senior Planner 46 tr. . ,.: II DATE: December 4, 1990 /2 -/o- U SUBJ: Extension of Grading Permit for McGlynn Bakeries/Shafer Contracting IOn September 24, 1990, the City Council approved an earth work permit request for Shafer Contracting to excavate 60,000 cubic yards of clay material for the construction of the new State Trunk 11 Highway 5 in Chanhassen (Attachment #1) . The subject site is located on the McGlynn Bakeries property south of Hwy. 5 and west of Audubon Road. The grading permit issued by the Engineering I Department established a deadline of November 15, 1990, for completion of the work (Attachment #2) . Due to postponements in the improvements to Hwy. 5, the excavation will not commence until 11 spring of 1991. Therefore, the applicant is requesting an extension of the permit until November 15, 1991. The applicant stated that the work period would remain the same, proposed between 45 to 50 working days but they are requesting the entire 1 construction season to allow them scheduling flexibility and to allow for weather delays and working with the clay soils (Attachment #3) . 1 Staff has no objection to the extension of the grading permit but recommends the following conditions for approval of the extension: II1. The applicant shall provide the City with an extended letter of credit to December 31, 1991, in the amount of $38, 150 to cover any road damage, maintenance, erosion control measures Iand site restoration. 2 . The applicant shall notify and obtain an extension to the I Riley Watershed permit from the Riley Purgatory Bluff Creek Watershed District. 1 3 . The applicant shall not perform any hauling operations during the period of June 8 through June 17, 1991, during which time the United States Open Golf Tournament and related activities will be held at Hazeltine National Golf Course. II I I 11 McGlynn Bakeries/Shafer Contracting December 4, 1990 Page 2 4. The applicant shall abide by the 11 conditions of approval from the previous Grading Permit #90-11 and shall complete all ' work by November 15, 1991. RECOMMENDATION Staff recommends the City Council approve the extension for Grading Permit #90-11 for Shafer Contracting Company through November 15, 1991, with the following conditions: 1. The applicant shall provide the City with an extended letter Of credit to December 31, 1991, in the amount of $38, 150 to cover any road damage, maintenance, erosion control measures ' and site restoration. 2 . The applicant shall notify and obtain an extension to the ' Riley Watershed permit from the Riley Purgatory Bluff Creek Watershed District. ' 3 . The applicant shall not perform any hauling operations during the period of June 8 through June 17, 1991, during which time the United States Open Golf Tournament and related activities will be held at Hazeltine National Golf Course. 4. The applicant shall abide by the 11 conditions of approval from the previous Grading Permit #90-11 and shall complete all 1 work by November 15, 1991. ATTACHMENTS 1. City Council minutes dated September 24, 1990. 2 . Grading permit #90-11. 3 . Letter from applicant dated November 19, 1990. • • 1 CITY OF 1 , 1/4 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II -4*:Pl' (612) 937-1900 ! FAX (612) 937-5739 1 MEMORANDUM TO: Jo Ann Olsen, Senior Planner 1 FROM: Charles Folch, Assistant City Engineer 4 DATE: November 27, 1990 II SUBJ: Grading Permit No. 90-11 II McGlynn Park, Outlots A and B I have reviewed the time extension request for Grading Permit No. 90-11 by II Shafer Contracting Company, Inc. The original grading permit specified a November 30, 1990 completion date. However, due to scheduling and coordination changes on the Trunk Highway 5 project, they do not anticipate to start excavating and hauling off of the McGlynn site until the 1991 construction II season and therefore are requesting a time extension of November 15, 1991. The previously proposed time duration to complete the project of 45 to 50 working days has remained the same. However, at this time Shafer Contracting Company, II Inc. is unable to determine an exact timeframe during the 1991 construction season when the work will be performed. I offer the following recommendations for approval of the time extension. 1 1. The applicant shall provide the City with an extended letter of credit to December 31, 1991 in the amount of $38,150 to cover any road damage, II maintenance, erosion control measures and site restoration. 2. The applicant shall notify and obtain an extension to the Riley watershed II permit from the Riley-Purgatory-Bluff Creek Watershed District. 3. The applicant shall not perform any hauling operations during the period of IIjune 8 through June 17, 1991 during which time the United States Open Golf Tournament and related activities will be held at Hazeltine National Golf Course. 4. The applicant shall abide by the 11 conditions of approval for the previous II Grading Permit No. 90-11 and shall complete all work by November 15, 1991. ktm I Attachments: 1. Original Grading Permit No. 90-11. 2. Letter of request for time extension dated November 19, 1990. 1 c: Gary Warren, City Engineer Dave Hempel, Sr. Engineering Technician 1 II • I IGRADING PERMIT NO. 90-11 ' PERMIT dated November 21 ,•1990, issued by the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City") , to SHAFER CONTRACTING CO. , INC. (the "Applicant") . ' 1. Request for Grading Permit. The Applicant has asked the City to approve a grading permit to excavate approximately 60 ,000 cubic yards of material from the land legally described as: Outlot A and Outlot B, McGlynn Park located in Section 15, • Township 116, Range 23, Carver County, Minnesota. ' 2. Conditions of Approval. The City hereby approves the permit on condition that the Applicant abide by its terms and furnish the security required by it. 1 3. Plans. The described property shall be graded in accordance with the following plans. The plans shall not be attached to this permit. If the plans vary from the written terms of this permit, the written terms shall control. The plans are: ' Plan A--Grading Plan (Exhibit "A") prepared by E. N. Olson, P.E. , dated September 6, 1990 ' 4. Time of Performance. The Applicant shall complete the grading and erosion control by November 30 , 1990. The Applicant may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Applicant to reflect cost increases and the extended completion date. ' 5. Erosion Control. Plan A shall be implemented by the Applicant and inspected and approved by the City. The City may impose additional erosion control requirements if they would be ' beneficial . All areas disturbed by the excavation and back- filling operations shall be reseeded forthwith after the comple- tion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast- growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. ' The parties recognize that time is of the essence in controlling . erosion. If the Applicant does not comply with the erosion ' control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Applicant in advance of any proposed action, but failure of ' the City to do so will not affect the Applicant's and City's rights or obligations hereunder. If the Applicant does not reim- burse the City for any cost the City incurred for such work ' within thirty (30 ) days , the City may draw down the letter of credit to pay any costs. 11 6. Clean up. The Applicant shall daily clean dirt and debris from streets that has resulted from construction work by the Applicant, its agents or assigns. 7. Security. To guarantee compliance with the terms of this permit, the Applicant shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for $ 38,150.00 . The bank and form of the letter of credit shall be subject to the approval of the City Administrator. • The letter of credit shall be for a term ending December 31 , 1990. 8. Responsibility for Costs. ' A. Except as otherwise specified herein, the Applicant shall pay all costs incurred by it or the City in con- junction with the grading and erosion control, including but not limited to inspection expenses incurred in connection with appro- val and acceptance of the permit. B. The Applicant shall hold the City and its of- ficers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from permit approval and work done in conjunction with it. The Applicant 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 attorney's fees. C. The Applicant shall reimburse the City for costs incurred in the enforcement of this permit, including engineering and attorney's fees. D. The Applicant shall pay in full all bills sub- mitted to it by the City for obligations incurred under this per- mit within thirty (30 ) days after receipt. If the bills are not paid on time, the City may halt all work and construction. 9. Applicant's Default. In the event of default by the Applicant as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Applicant shall promptly reimburse the City for any expense incurred by the City, provided the Applicant is first given notice of the work in default, not less than four (4) days in advance. This permit is 11 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. 10. Notice. The Applicant must notify the City Engineer in writing a minimum of 48 hours prior to. construction. , 11. Watershed District Permit. The Applicant shall obtain and comply with the conditions of the Watershed District permit, especially as it relates to seeding and restoration of vegetative cover. —2- I 12. The Applicant shall provide the City with a letter of credit in the amount of $38,150.00 to cover any road damage, maintenance of erosion control measures and site restoration. 1 13. The Applicant shall submit a $401.00 grading permit fee as required by the Uniform Building Code and all City and County staff time used to monitor and inspect the operation shall be paid at a rate of $30.00 per hour. 14 . The Applicant shall provide a Traffic Control Plan for staff approval providing specifications on how truck hauling traffic will be controlled, specifically during rush hour periods. ' 15. The Applicant shall obtain and comply with all permit requirements of the Riley-Purgatory-Bluff Creek Watershed District. ' 16 . The Applicant shall make arrangements to cap the existing well in accordance with all state, county and local requirements prior to initiating grading operations. 17 . The Applicant shall supply the City with a mylar as-built survey prepared by a professional engineer upon ' completion of excavation to verify the grading plan has been performed in compliance with the proposed plan. 18 . Temporary settling basins shall be constructed during the grading operations on an as needed basis or as requested by the City. 11 19 . Topsoiling and disk mulch seeding shall be implemented immediately following the completion of excavated areas. 20 . Noise levels stemming from the operation are not to exceed MnPCA and EPA regulations. If the City determines that there is a problem warranting such tests shall be paid for by the Applicant. 21. Hours of operation are limited to 7:00 a.m. to 6:00 ' p.m. , Monday through Saturday and prohibited on national holidays. If the City Engineer determines that traffic conflicts result due to rush hour traffic flows, the hours of operation will be appropriately restricted. 22. The City will work with the County Sheriff to ' coordinate speed and weight checks. If trucks are violating traffic laws, staff will require that the operation be shutdown and will ask the City Council to revoke the permit. 1 1 -3- l I CITY OF CHANHASSEN BY: Donald J. Chmiel , Mayor (SEAL) BY: Don Ashworth, City Manager APPLICANT: SHAFER CONTRACTING CO. , INC. By: ` .... . W1 Its: STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) , The foregoing instrument was acknowledged before *me this day of , 1990, by Donald J. Chmiel, Mayor, and by Don Ashworth, 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 STATE OF MINNESOTA ) ( ss. COUNTY OF X�F �K ) The foregoing instrument was acknowledged before me this ' 9 day of 4;1"...4 , 1990, by <2;„./e., the T4_2_ - of Shafer Conracting Co. , Inc. ':O#400:411 ':iit~MSMNIItM05: S.J.NE!!S , !, NOTARY PUBLIC-MINNESOTA '1 z i8 WASHINGTON COUNTY PUBLIC ,Ws 5 i,y Comm.Exp.Apr.11.199: DRAFTED BY: City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 (612) 937-1900 -4- I sc* SHAFER, MINNESOTA 55074 I November 19, 1990 Mr. Charles Folch Assistant City Engineer City of Chanhassen ' 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Grading Permit No. 90-i1 McGlynn Park Dear Mr. Folch: We request extension of the permit until November 15, 1991 for the grading work at McGlynn Park. Due to scheduling changes on the Trunk Highway 5 project, we will not start the fill operation from the McGlynn site until the 1991 construction season. All conditions of the permit would remain the same. We anticipate that the completion time frame as outlined in our original application (45 to 50 working days) will remain the same. However, we are asking for the entire construction season to allow us some scheduling flexibility and to allow for weather delays and working with clay soils. We will submit an extended letter of credit under separate cover. ' Should you have any questions, please call me at 462-7462. Yours very truly, SHAFER CONTRACTING CO., INC. 1 By: Scott A, Spisa CITY OF CHANHASSEN SAS:so ,nll1►TI t NOV 26 1990 ENOFFRN DEPT. I SHAFER, MINNESOTA 55074 i November 19, 1990 Mr. Charles Folch Assistant City Engineer City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Grading Permit No. 90-11 McGlynn Park ' Dear Mr. Folch: We request extension of the permit until November 15, 1991 for the grading work at McGlynn Park. Due to scheduling changes on the Trunk Highway 5 project, we will not start the fill operation from the McGlynn site until the 1991 construction season. All conditions of the permit would remain the same. We anticipate that the completion time frame as outlined in our original application (45 to 50 working days) will remain the same. However, we are asking for the entire construction season to allow us some scheduling flexibility and to allow for weather delays and working with clay soils. We will submit an extended letter of credit under separate cover. Should you have any questions, please call me at 462-7462. Yours very truly, SHAFER CONTRACTING CO., INC. By: A1W i CITY Scott A. Spisa , OF CHANHASSEN SAS:soCf1” NOV 26 1990 . ItIEERINg DEPT.