7. Grading permit, BC Burdick R
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CITY OF -
ci
\ I ,N0 CHANHASSEN
�.�f 690 COULTER DRIVE •• P.O. BOX 147 •• CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
IMEMORANDUM
TO: Don Ashworth, City Manager
1 FROM: Gary Warren, City Engineer ,,�,.�
DATE: March 11, 1988
ISUBJ: Grading Permit Approval
Burdick Park 2nd Addition
IFile No. 86-6 sub
Attached is a grading plan dated November 19, 1987 submitted by
I William R. Engelhardt and Associates on behalf of B. C. Burdick.
Mr. Burdick is interested in grading Phase I (north half) of this
property to improve its salability and help solidify parties
1 interested in the property. Normally we are provided with a
complete set of improvement plans including utilities and streets
for review. Without a full improvement plan, it is difficult to
envision the impacts associated with the grading.
1 The attached plan shows a two phase grading program. City staff
has previously reviewed the proposed ponding site located in
I Phase II on the common lot line of Lots 4 and 5 and found it
acceptable. In order for the pond to work, however, the 48-inch
diameter culvert underneath Highway 5 needs to be connected to
I the pond and this needs to be detailed on the plans . Since this
pond will not be constructed until Phase II, it will be necessary
that a temporary silt pond be constructed immediately upstream of
the 48-inch outlet pipe prior to the site being graded in order
Ito help minimize erosion control impacts from the grading. A
double row of Type II erosion control shall be placed between
this pond and the outlet pipe.
IThe Phase I grading plan shows grading to be done off-site of the
2nd Addition property on the east side which impacts Lot 1 and
I Lot 2 of Block 3 of Burdick Park Addition. Since Mr. Burdick
still shows as record owner for Lots 1 and 2 of Block 3, off-site
grading on these lots should not be a problem.
1 The City recently installed sanitary sewer along the north boun-
dary of the property. Grading is proposed along this area which
will necessitate raising or lowering of manhole frames to keep
IIthem at the finished grade elevation. This shall be done by the
II
Don Ashworth
March 11, 1988
Page 2
developer and the developer shall take necessary precautions to
protect the City' s utilities which lie beneath the grading area.
In no case shall the amount of cover over the utilities be
reduced to less than 6i feet. The manholes shall be clearly
marked prior to commencing the grading operation and protected
from damage during the construction.
The site grading shall be accomplished in such a fashion as to
provide for continuous positive drainage throughout the site at
all times during and after construction and will not be allowed
any backing up of drainage water onto any upstream properties.
It is therefore recommended that the Phase I grading plan for
Burdick Park 2nd Addition dated November 19 , 1987 as prepared by
William R. Engelhardt and Associates be approved with the
following conditions made a part of the permit:
1 . The applicant shall enter into a grading permit with the City
( attached) and provide the necessary financial securities
called for in the permit prior to initiation of construction.
2 . All erosion control measures shall be in place prior to the
initiation of construction and the temporary sedimentation
pond shall be constructed first.
3 . Positive drainage shall be provided throughout the site at
all times during and after construction. I
4 . The City' s sanitary sewer located along the north boundary of
the property shall be protected during construction and all
manholes shall be raised or lowered to the finished grade at
the applicant' s expense. These manholes shall be clearly
marked in the field prior to the initiation of construction
and the applicant shall maintain a minimum of 6z feet of
cover over these utilities.
5 . The applicant shall take special precautions to keep dirt
and debris from leaving the site especially on West 78th
Street.
6 . The applicant shall inform the City of his plans for disposal I
of the existing building on the west end of the property and
comply with any City requirements relating to this demoli-
tion. '
7. Any temporary stockpiling of material on the site shall be
properly protected with erosion control. '
8 . The applicant shall comply with the conditions of the
attached Watershed District permit especially as it relates
to seeding and restoration of vegetative cover.
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' Don Ashworth
March 11, 1988
Page 3
9 . The applicant shall pay the City' s grading plan review and
permit fee prior to the issance of the Phase I grading permit.
10. The applicant' s engineer shall submit a revised grading
plan which shows the temporary ponding and erosion
control details, existing manhole rim, invert elevations
and proposed manhole rim elevations.
Attachments: 1 . Grading Permit
2 . Grading Plan dated November 19 , 1987
3 . Watershed District Grading Permit dated
' January 6 , 1988
4 . March 8 , 1988 letter from Barb Dacy
5 . February 26 , 1988 letter from Kelly Law Offices
6 . February 11, 1988 letter from Jim Burdick
7 . February 10, 1988 letter from Barb Dacy
8 . February 5 , 1988 letter from Brian Burdick
9 . February 3 , 1988 letter from Jim Burdick
' 10 . February 2 , 1988 letter from Jim Burdick
11 . January 13, 1988 letter from Barb Dacy
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(S 1
GRADING PERMIT
PERMIT dated , 1988, issued by the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") , to B.C. BURDICK II
(the "Developer") .
1. Request for Plat Approval. The Developer has asked the I
City to approve a grading permit in conjunction with the proposed plat
for BURDICK'S SECOND ADDITION (referred to in this permit as the
"plat") . The land is legally described as: ,
That part of the Northeast Quarter of the North-
east Quarter of Section 14, Township 116 North,
Range 23 West of the 5th Principal Meridian, lying
northerly of the northerly right-of-way of State
Highway No. 5 as monumented.
2. Conditions of Approval. The City hereby approves the
permit on condition that the Developer abide by its terms and furnish 1
the security required by it.
3. Plans. The plat 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--Soil Erosion Control Plan and Schedule
Plan B--Grading Plan '
4. Time of Performance. The Developer shall complete the
grading and erosion control by November 1, 1988 . The Developer may, I
however, request an extension of time from the City. If an extension is
granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion I
date.
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5. Erosion Control. Plan A shall be implemented by the
' Developer 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 backfilling operations shall be
reseeded forthwith after the completion of the work in that area. Except
' as otherwise provided in the erosion control plan, seed shall be 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 Developer 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 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.
If the Developer does not reimburse 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.
6. Clean up. The Developer shall daily clean dirt and debris
from streets that has resulted from construction work by the Developer,
its agents or assigns.
7. Security. To guarantee compliance with the terms of this
permit, the Developer shall furnish the City with a cash escrow or
' irrevocable letter of credit from a bank ("security")) for $
The bank and form of the letter of credit shall be subject to the
-2-
C 1
approval of the City Administrator. The letter of credit shall be for a
term ending December 31, 1988. '
8. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer ,
shall pay all costs incurred by it or the City in conjunction with the
grading and erosion control, including but not limited to inspection
expenses incurred in connection with approval and acceptance of the I
permit.
B. 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 permit approval and i
work done in conjunction with it. 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 '
attorney's fees.
C. The Developer shall reimburse the City for costs '
incurred in the enforcement of this permit, including engineering and
attorney's fees.
D. The Developer shall pay in full all bills submitted to
it by the City for obligations incurred under this permit within thirty
(30) days after receipt. If the bills are not paid on time, the City may II
halt all work and construction.
9. Developer's Default. In the event of default by the 1
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
p 1
promptly reimburse the City for any expense incurred by the City, pro-
vided the Developer is first given notice of the work in default, not
I
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less than four (4) days in advance. This permit 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.
' CITY OF CHANHASSEN
BY:
' (SEAL) Thomas L. Hamilton, Mayor
BY:
Don Ashworth, City Manager
' B.C. BURDICK
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me
g this
day of
1988 , by Thomas L. Hamilton, 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
The foregoing instrument was acknowledged before me this
day of , 1988, by B.C. BURDICK.
NOTARY PUBLIC
DRAFTED BY:
' Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
' South St. Paul, MN 55075
(612) 455-1661
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off.„.... .
I
'„`RFa0. Riley-Purgatory-Bluff Creek Watershed Distric#
us\ A \ -
„„„ o °.. Engineering Advisor: Barr Engineering Co. I
ti � EOf„••■•.,f 7803 Glenroy Road
Minneapolis, MN 55435
` a
830-0555
y' Legal Advisor: Popham,Haik, Schnobrich,Kaufman&Doty I
+:, „OO.,,O,O„ 4344 IDS Center
Minneapolis,MN 55402
333-4800
January 6, 1988 I
Mr. Bill Engelhardt II
William R. Engelhardt Associates
1107 Hazeltine Boulevard II Chaska, MN 55318
. Re: Site Grading - Phase I Burdick Property: Chanhassen I
Dear Mr. Engelhardt:
I
The Board of Managers of the Riley-Purgatory-Bluff Creek Watershed
District has reviewed the plans and grading and land alteration permit II application as submitted to the District for site grading on Phase I of the
Burdick property in Chanhassen.
The Managers approve the grading and land alteration permit subject to I
the following conditions:
1. All erosion control measures shown on the plans must be installed
II
prior to commencement of grading operations and be maintained
until all areas altered on the site have been restored.
If silt fence is used, the bottom flap must be buried and the II
maximum allowable spacing between posts is 4 foot on center. All
posts must be either 2” x 2" pine, hardwood or steel fence posts.
If hay bales are used, all bales must be staked in place and
I
reinforced on the downstream side with snow fence.
2. All areas altered because of construction must be restored with
II
seed and disced mulch, sod, wood fiber blanket, or be hard
surfaced within two weeks after completion of construction or no
later than September 15, 1988.
II
3. The District must be notified in writing a minimum of 48 hours
prior to commencement of construction.
I
FEB 3 198
CITY OF CHANEAS
IL
Mr. Bill 1 Engelhardt January 6, 1988 Page 2
If you have any questions regarding the conditions of the District's
permit, please call us at 830-0555.
�-- S-incere ly,
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Ro ert',C. Obermeyer
B RR ENGINEERING CO.
Engineers for the District
' Approved by the Board of Managers
RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
l'A) A z President
' Date:r - I i 27,./
RCO '✓ 'J
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c: Mr. Frederick Richards
Mr. Frederick Rahr
Mr. Gary Warren
RW/330,0
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\ ""` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
--., (612) 937-1900
March 8, 1988 1
William F. Kelly 1
Kelly Law Offices
351 Second Street
II
Excelsior, MN 55331
Dear Mr. Kelly: 1
Thank you for your letter dated February 26, 1988 regarding your
client' s proposed grading permit. This is to reply to your con-
cerns expressed in your letter. 1
1. Reference has been made in the proposed grading permit to the
"proposed plat for Burdick Second Addition" because without
II
the plat approval, the grading permit by ordinance cannot be
issued. Attached is the regulations for mineral extraction _
in the City of Chanhassen. As you review Section 20-1376,
you will notice that grading operations are only authorized
II
( among others) if it is in conjunction with a building permit
application, a subdivision, or for agricultural purposes.
Therefore, because the City has approved Mr. Burdick' s final
II
plat subject to conditions, reference has been made in the
proposed grading permit document to the plat. If the court
has to decide whether or not the City has in fact taken
action on your client' s plat, then there is a question as to II
whether or not the grading permit should be acted upon by the
Council.
We have scheduled the proposed permit for the March 14 , 1988 II
City Council Meeting as it is the City' s position that the
plat has been approved.
I
2 . In regards to the required Irrevocable Letter or Credit in
the amount of 110% of the contract costs, if you wish to
review any of our development contracts you will find that
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this is a standard requirement. Our City Attorney has recom-
mended that performance bonds not be accepted for major
construction projects such as the one that is proposed. We
II
firmly believe that your client is being treated fairly and
equally with all other property owners. Your client may wish
to consider entering into an "Alternative Loan Agreement" 1
II
f . .
Mr. William F. Kelly
March 8 , 1988
Page 2
which includes a disbursement agreement to reduce the
alledged monetary impacts of providing the required security
to the City.
Finally, in regards to you and our client b
regarding o being referred to the
City Attorney' s office re
9 g your requests, I have been
directed by the City Manager to forward all materials regarding
Mr. Burdick to the City Attorney' s office because there is
pending litigation. It was felt that it was only prudent to make
' sure that our attorney would be kept apprised of your client's
activities and requests. I have chosen to speak with Mr. Burdick
on the phone regarding these issues in an attempt to tr.': and
resolve his grading permit request. I have also chosen to
' respond in writing to your letter before the City Council meeting
in hopes that some of these issues can be rectified. However, I
can only relate to you what our attorney has recommended con-
I sistently in regards to filing of a letter of credit and I can
only repeat to you what the current ordinance states as far as
grading activity. By no means am I trying to "shuttle you off"
l to our attorney' s office. I am merely trying to ensure that the
City' s interests are being properly represented to you and your
client. I must compliment your client though, as he has been
very courteous and very professional to me during the last year .
' Sincerely,
Bar ara Dacy
' I City Planner
BD:ktm
' cc: Don Ashworth, City Manager
Roger Knutson, City Attorney,
' Gary Warren, City Attorney /
Jim Burdick
1 _
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§ 20-1376 CHANHASSEN CITY CODE
DIVISION 2. PERMIT
Sec. 20-1376. Required.
(a) It shall be unlawful for any person to remove, store or excavate rock, sand, gravel
clay, silt or other like material in the city, or to fill or raise the existing surface grades,
! without receiving an extraction permit for mineral extraction. Such permits may only be
issued in the zoning district when mineral extraction is listed as a conditional use.
(b) An extraction permit shall not be required for any of the following:
(1) Excavation for a foundation,cellar or basement of a building if a building permit has
been issued.
(2) Grading a lot in conjunction with building if building permit has been issued.
(3) Excavation by state, county, or city authorities in connection with construction or
maintenance of roads,highways or utilities.
(4) Curb cuts, utility hookups or street openings for which another permit has been
issued by the city.
(5) Excavations less than one hundred(100)cubic feet.
(6) Excavation or grading for agricultural purposes.
(7) Excavation or grading in accordance with a development contract a
P approved under
the city's subdivision ordinance.
(8) Excavation or grading on residential lots not in conjunction with a building perniu
(Ord. No. 80, Art. X, § 1(10-1-1, 10-1-2), 12-15-86)
Sec. 20-1377. Application.
Application for an extraction permit shall be made in writing in the form specified by the
city. The application shall contain the following information: E ` `
(1) The correct legal description of the land upon which excavation is proposed.
(2) The name and address of the applicant, the owner of the land, and the person or
corporation conducting the actual removal operation.
(3) The names and addresses of all adjacent land owners within five hundred(500) feet
(4) The purpose of the proposed excavation.
(5) The estimated time required to complete the proposed excavation and rehabilitation
(6) The names of the highways, streets or other public roadways within the city upon
II
which the material shall be transported.
(7) Specifications for the following using appropriate maps, photographs and surveys:
a. The physical relationship of the proposed excavation site to the community and
existing community development.
1274 -
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KELLY LAW OFFICES
' 351 SECOND STREET
EXCELSIOR, MINNESOTA 55331
WILLIAM F KELLY (6121474-5977
MARK W KELLY
' February 26 , 1988
I
' Ms. Barbara Dacy
City Planner
City of Chanhassen
690 Coulter Drive
P. 0. Box 147
Chanhassen , MN 55317
Re: Your letter of February 23 , 1988
Burdick Grading Permit
17 acres - City of Chanhassen
Dear Ms . Dacy:
11 My client asked me to respond to your letter of February 23 , 1988 .
We prefer, if possible , to have our discussions with City staff
charged with ordinary day-to-day work of the City rather than be
' involved with further legal confrontations ; thus the reason for
writing to you rather than the City Attorney. We really object to
being shuttled off to lawyer' s offices to discuss City business with
the City Attorney who may not be knowledgeable in the question under
review.
First , the request which was intially made in November, 1987 was made
' independently and not part of any "proposed plat for Burdick' s Second
Addition" . The question of whether the City has in fact already
approved my client ' s plat is before the Court for decision. We cannot
recognize any statements which would suggest otherwise .
Second, we have no objections to meeting the
g requirements of the City
both as to the plans and time of performance and requirements of my
client to meet the terms of the permit .
Third, we must , however, call to your attention that the cost of
' grading and completing the erosion control plan will be in excess of
$45 , 000 . 00 . My client is prepared a contract and pay for this work
in cash forthwith. You have informed my client that the required
security, being cash or an irrevocable letter of credit from a bank,
' will be in the amount of 110% of the contract cost or approximately
$50 , 000 . 00 . This means my client will be required to produce more
than 200% of the contract cost in cash in order to gain a permit.
FEB 2 9 1988
OF Cf-1ANiiASSf=N
KELLY LAW OFFICES
February 26 , 1988 '
Ms. Barbara Dacy
Page 2 '
Fourth, we propose that the City can be fully secured and assured of
having the contract completed by my client by his furnishing the City
with a performance bond issued by an acceptable insurance company.
This is a procedure this City and all municipal bodies accept for
public contract performance . We see no reason why this is not
acceptable for private contracts on private land only. To do
otherwise and to require of my client an outlay of 110% additional
cash, we feel, is completely uncalled for and arbitrarily restricts
my client ' s rights to develope and sell his land.
Fifth, we have no objection to filing with the City a cash bond to
guarantee payment of any justified and legitimate expenses it might
incur as a result of the permit issuance. We do, however, again ask
to be treated fairly in this regard and not have the City set a figure
which "has no relationship to potential expenses . It is our position
that the paragraph entitled Responsibility for Costs is written so
broadly that costs might be attributed to this project which, in fact ,
are not directly related to it especially since a law suit involving
my client ' s rights is pending in court.
Sixth, again we want you and the City to know my client will be
responsible for all costs of the project to be performed entirely upon
his own property in the City of Chanhassen , and he is willing to
provide a bond in favor of the City to guarantee full performance and
completion as required by the City. Plus , my client will deposit an
appropriate sum to guarantee payment of costs the City might incur by
issuing the permit . My client is asking only one thing in all this
and that is to be treated fairly and equally with all other property
owners and not to have the terms of the permit so drafted and the cost
of the permit to him be so high as to in effect remove from my client
his ability to pursue development of his property.
Please consider this request and disucss the same with other
appropriate staff officers. I would appreciate hearing from you.
Sinc-re ,
/,
417% AO 41"/"--)
lia F. Kelly
WFK/al '
cc: B. C. Burdick
1
I , . ( c %
II B. C. CJIM3 BURDICK
426 LAKE STREET • EXCELSIOR, MINNESOTA 55331
February 11, 1988 PHONE C 612) 474-5243
II ---
I Ms. Barbara Dacy
City Planner
City of Chanhassen
Chanhassen, MN. 55317
IIDear Barbara, -
IThank you for your letter of February 10th. I particularly thank you for
your clarification as to the fact that my 17 acres is in the tax
increment district.
IWe are waiting the arrival of the development contract so that we might
grade this 17 acres. As things now stand we have received a lot of very
positive interest and at least three business firms are ready to go ahead
Ion part of the 17 acres. But we do not feel that we can enter into firm
contracts as long as the grading of this property remains in limbo.
II did speak to Mr. Jerry Schlenk about the snow. As always he and I got
along very well. However, having a nice conversation with Jerry Schlenk
does not reduce the damages that we are suffering from this snow as set
out in my previous letter. In addition, our tenent on the adjacent lot,
I Mr. Steve Willette, has complained to us about the snow. He has been
most concerned both about the distraction from his location and worriedn
that when the huge pile of snow slowly melts in the spring it will harm
I his business. I have again examined the snow and the surrounding area
and I must agree with Mr. Willette.
II Co dially yours,
I
/7
II
.C. "JIM" BURDICK
II BCB/clm
- cc: Roger Knutson
II __ .- Don Ashworth
Gary Warren
Brian H. Burdick
II
I FEB 16 1988
CITY.OF CHANHASSEN
. ",_
CITYOF
H :L.tSSEN
1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1
(612) 937-1900
February 10 , 1988
Mr. B. C. Burdick
426 Lake Street
Excelsior, MN 55331
Dear Mr. Burdick: 1
Thank you for your letters dated February 3 , 1988, February 5 ,
1988 and February 2 , 1988 . This is to respond to your requests
in those letters .
In your letter dated February 3 , 1988 , you requested clarifica-
tion as to the location of your property in the tax increment
district. Enclosed please find the downtown redevelopment plan
which identifies Tax Increment District #1 . The 17 acres of
property adjacent to West 78th Street and Highway 5 is within the
tax increment district.
Your letter of February 5 , 1988 , officially requested that a
development contract be executed in order to allow grading of
your property. A copy of this letter will be mailed to the City
Attorney' s office to begin preparation of that contract and to
mail a proposed contract to you when prepared. 1
Your letter of February 2 , 1988 , identifies your snow plowing
concerns in and around your property. It is my understanding
from the City Engineer that these issues have been resolved with
Mr. Jerry Schlenk.
Should you have any further questions , please feel free to con- '
tact me.
Sincerely, .
Zf
?L'. 41-
eta
Dacy
arbara 1
City Planner
BD:v 1
cc: Roger Knutson
Don Ashworth
Gary Warren
-
•
' BRIAN H. BURDICK
426 LAKE STREET • EXCELSIOR. MINNESOTA 55331
PHONE C6123 474-5243
February 5, 1988
' Ms. Barbara Dacy
City Planner
City of Chanhassen
' Chanhassen, MN. 55317
RE: Grading-Development Contract
' Dear Barbara,
In reference to your letter of January 13, 1988, you indicated that we
would need a development contract in order to grade our property. As I
understood fran your letter, the city attorney would be forwarding a
contract to us for our review. As of today, we have not received a
' development contract or any other information.
Could you please give your attention to this matter to see that we
receive this development contract. We, of course, would like to proceed
with this as fast as possible.
Cordially yours,
1
BRIAN H. BURDICK
' BHB/clm
cc: Mr. B.C. "Jim" Burdick
Mr. Bill Engelhardt
L.
' FEB 8 1988
CITY OF CHANHASSEN
1
1
B. C. (JIM] BURDICK
426 LAKE STREET • EXCELSIOR, MINNESOTA 55331
PHONE (6123 474-5243
February 3, 1988 1
1
Ms. Barbara Dacy
City Planner
City of Chanhassen
Chanhassen, MN. 55317
Dear Barbara,
We are a little confused about which of our properties are in the tax
increment district. Please send us information as to the areas covered
by the district.
Cordially yours, 1
/ -J
� f
B.C. "JIM" BURDICK 1
BCB/clm
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FHB - 1
4
CITY OF CHANF1988,ASSEry 1
- 1
If T
I
B. C. (JIM) BURDICK
I426 LAKE STREET • EXCELSIOR, MINNESOTA 55331
PHONE C612) 474-5243
February 2, 1988
IMs. Barbara Dacy
City Planner
II City of Chanhassen
Chanhassen, MN. 55317
Dear Barbara,
III have just returned after being gone from the middle of December.
1 In reviewing correspondence between you and Brian, my attention focused
on the last paragraph of his letter to you dated January 27, 1988. In
this paragraph Brian thanks you, and I join him in thanking you.
IHowever, he then goes on to say in part "solving this problem".
I visited Chanhassen yesterday and apparently the snow has been pushed at
least partly off our property and it now is situated partly on our
I property and partly on the right of way. However, whether the snow is on
our property or on the right of way it does create and will continue to
create, for quite some time, big problems for us.
INumber one is when we try to grade that property in early spring and the
unnatural runnoff from all of this snow will make our property one huge
sea of mud and both delay the grading as well as make it more expensive.
IIThe second problem is that when we show the PAY to prospective
P P Pe ctive
purchasers and or tenents, and there is a great deal of interest in our
II property in Chanhassen at this time, the snow, to say the least, is very
distracting. To say the most, it makes our property look like the
"Chanhassen snow dumping grounds" instead of a valuable piece of real
estate.
II
Therefore, at this time, I must strongly request that this snow be
removed from the area.
1 Cordially yours,
. ._,-//'
II 4 % - -e
,\.)/)/ B.C. "JIM" BURDICK
I BCB/cam /
Icc: Mr. Brian H. Burdick
FEB 4 1988
II CITY OF CH
HAM-AS
CITYOF
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II
■
,\I� - ,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 1
January 13 , 1988
Mr. B. C. Burdick
1
426 Lake Street
Excelsior, MN 55331 II.
Subject: Grading Permit Application
File No. Subdivision #86-6
II
Dear Mr. Burdick:
This is to clarify the process on your application to grade the II
property along West 78th Street and TH 5 . Upon re-examination of
the ordinance, it appears that we made an interpretation error.
Section 20-13-76 of the Zoning Ordinance states as follows:
II
"It shall be unlawful for any person to remove, store, or exca-
vate rock, sand, gravel , clay, silt or other like material in the
II
City or to fill or raise an existing surface grade without
receiving an extraction permit for mineral extraction. Such per-
mits may only be issued in the zoning district when mineral
IIextraction is listed as a conditional use. "
The BG, General Business District does not provide for mineral
extraction as a conditional use. In the alternative, it will be
required that a development contract be executed authorizing the
proposed grading work. Because your original subdivision appli-
cation did not propose any street improvements or internal 1
improvements on the property, a development contract was not ori-
ginally necessary. However, in order to allow you to grade your
property as you desire, a development contract needs to be exe-
cuted. This contract would require the grading plans which you
II
have submitted to be approved by the City Council upon review of
the Engineering Department and would also require a letter of
credit.
II
The City Attorney will forward to you a proposed contract for
your review. When the development contract has been agreed to by
yourself and the City, both the grading plan and development 1
contract will be scheduled for City Council approval .
B-incer,ely,
I
c
Barbara Dacy
City Planner II
cc: Roger Knutson II
Gary Warren