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3 CUP at 4141 Kings Road, Lowell Carlson C ITV OF CHAHHASSEH 3 '" 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Cynthia R. Kirchoff, Planner I DATE: January 7, 1998 SUBJ: Fence Escrow, Lowell Carlson, 4141 Kings Road In November 1997, the City Council required Mr. Carlson to submit an escrow or letter of credit equaling 150 percent of the lowest estimate for the fence installation surrounding the outdoor storage on his property. The escrow was to be submitted by January 2, 1998. On December 15, 1997, Mr. Carlson met with staff to reexamine the escrow. He does not want to install the fence because of the future development of the property and is requesting relief from the Council's requirement. BACKGROUND A contractor's yard has been in operation on Lowell Carlson's property since the 1960s. It is a legal non-conforming use. The conditional use permit, approved in the mid-l 980s, required that the property be cleaned-up. In 1993, a stipulation agreement required that Mr. Carlson install a fence around the outdoor storage area. The fence was to be installed in 1994. The fence has never been installed. ANALYSIS Mr. Carlson has indicated to staff that he does not wish to install the fence because the property will be sold and developed soon. Mr. Carlson does not know when this is to occur. Staff does believe that he has spoken to a developer regarding the property. He believes that it is inappropriate to install a fence that will be removed for a residential subdivision. Staff explained that the City Council required the escrow or letter of credit, therefore, any variation from this requirement would require Council action. Staff understands that installing this fence is an expensive undertaking. However, several extensions have been granted over the last 312 years and more importantly, the area around Mr. Don Ashworth, City Manager January 7. 1998 Page 2 Carlson's property isbting developedresidentially"ina1dng this situation difficult. 1'1USareais residentially 2:oned. .. RECOMMENDATION Mr. Carlson is seeking relief from the requirement of the City Council. Mr. Carlson's issue has been going on since 1993 and to date very little progress has been made. ATTACHMENTS 1. Minutes from the November 10, 1997 City Council Meeting 2. Letter to Lowell Carlson from Cynthia Kirchoff dated December 3, 1997 3. Letter to Lowell Carlson from Cynthia Kirchoff dated December 18, 1997 C ITV OF CHANHASSEH 3 T _ i. 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Cynthia R. Kirchoff, Planner I DATE: January 7, 1998 SUBJ: Fence Escrow, Lowell Carlson, 4141 Kings Road In November 1997, the City Council required Mr. Carlson to submit an escrow or letter of credit equaling 150 percent of the lowest estimate for the fence installation surrounding the outdoor storage on his property. The escrow was to be submitted by January 2, ] 998. On December] 5, ] 997, Mr. Carlson met with staff to reexamine the escrow. He does not want to install the fence because of the future development of the property and is requesting relief from the Council's requirement. BACKGROUND A contractor's yard has been in operation on Lowell Carlson's property since the 1960s. It is a legal non-conforming use. The conditional use pennit, approved in the mid-1980s, required that the property be cleaned-up. In 1993, a stipulation agreement required that Mr. Carlson install a fence around the outdoor storage area. The fence was to be installed in ] 994. The fence has never been installed. ANAL YSIS Mr. Carlson has indicated to staff that he does not wish to install the fence because the property will be sold and developed soon. Mr. Carlson does not know when this is to occur. Staff does believe that he has spoken to a developer regarding the property. He believes that it is inappropriate to install a fence that will be removed for a residential subdivision. Staff explained that the City Council required the escrow or letter of credit, therefore, any variation from this requirement would require Council action. Staff understands that installing this fence is an expensive undertaking. However, several extensions have been granted over the last 3Yz years and more importantly, the area around Mr. Don Ashworth, City Manager January 7, 1998 Page 2 Carlson's property is being developed residentially, making this situation difficult. This area is residentially zoned. RECOMMENDATION Mr. Carlson is seeking relief from the requirement of the City Council. Mr. Carlson's issue has been going on since 1993 and to date very little progress has been made. A TT ACHMENTS 1. Minutes from the November 10, 1997 City Council Meeting 2. Letter to Lowell Carlson from Cynthia Kirchoff dated December 3, 1997 3. Letter to Lowell Carlson from Cynthia Kirchoff dated December 18, 1997 City Council Meeting - November 10, 1997 Councilman Senn: Okay so approve as per the staff report with the exception that we're going to move from the EIFS to the pre-cast concrete. Sharmin AI-Jaff: There are a few minor, minor details that staff and the applicant can work out... Councilman Senn: Okay. I'll move approval of the site plan amendment as per the staff report substituting pre-cast concrete instead of the EIFS as the exterior building material. Councilman Engel: I'll second that. Councilman Senn moved, Councilman Engel seconded that the City Council approves the amendment to Site Plan #95-21 as shown in the plans dated October 13, 1997, with the following conditions: 1. The Site Plan Agreement shall be amended to reflect these changes and an addendum to the agreement shall be recorded with Carver County. 2. The site plan shall substitute pre-cast concrete panels instead ofE.I.F.S. as the exterior building material. All voted in favor and the motion carried. REVIEW COMPLIANCE WITH CONDITIONAL USE PERMIT, 4141 KINGS ROAD, LOWELL CARLSON. Sharmin AI-Jaff: Briefly, the applicant has a contractors yard and was directed to install a fence no later than 1994. The fence has been installed yet. Staff has worked with the applicant for quite a while and at one point the City was going to install the fence and assess the applicant for the cost. The applicant tried to work with staff and decided he was going to put it in. At this point the applicant has received some proposal where developers are interested in his property to develop it as single family development subdivision. The applicant is requesting that he holds off on the fence. .. .guarantee us as to when the property will be developed. I have prepared three options for the City Council. First one is to establish a deadline for Mr. Carlson to install the fence. The second one, the City installs the fence and assess Mr. Carlson for the work. And the third one is to require Mr. Carlson to remove the outdoor storage items but not install the fence. However, we would require a letter of interest from the developer. We inspect the property every 3 months to make certain the project is progressing. If complaints surface, the fence will be installed at the expense of Mr. Carlson. So basically we need direction from the City Council as to how you wish staff to proceed with this. Thank you. Acting Mayor Mason: Thank you. Questions for Sharmin at this time from Council? Councilman Berquist: I'm sure that this thing started because of complaints but there's no reference in here to ongoing complaints. Are there any? Have there been any? Sharmin Al-Jaff: There is a dispute between Mr. Carlson and his neighbor but that's a private matter and. Councilman Berquist: It has nothing to do with the storage of material on the property? 10 City Council Meeting - November 10, 1997 Sharmin AI-Jaff: That's how it started. That's how we were alerted to what's going on. And there's outdoor storage and contractors yard activity taking place and that's not permitted by ordinance. Councilman Berquist: Have there been complaints regarding the contractors yard operation? Sharmin AI-Jaff: Over the years, yes. Councilman Berquist: Singular neighbor or by others as well? Sharmin AI-Jaff: I can't answer that. I don't know, sorry. Councilman Berquist: Okay. That's enough. I mean it's in a relatively remote, relatively. Sharmin AI-Jaff: Correct. However the surrounding area is developing so as. Councilman Berquist: Developing, yes. Present tense but the immediately surrounding area is built. This is just right across the street from Round House Park, that area? Sharmin AI-Jaff: Yes. Councilman Berquist: Thank you. Acting Mayor MaNotl~stioOS from Council at this time? Councilman Senn: Not right now. Acting Mayor Mason: Mr. Carlson, would you mind stepping up, if that would be okay. No hurry. No hurry. If you will, what is your spin on all this? What's your feeling on what's been going on here? Lowell Carlson: Well, the complaints is like you said, from a neighbor that maybe I have got a construction yard but for instance that neighbor that's calling and hollering and screaming, he's probably never, ever, he's never for a matter of fact that I know of, hauled his garbage away. He digs holes and buries it all up there and burning and if! started one of my diesel trucks he's yelling because I'm burning something without a bum permit. It's a constant mess and I'm getting old and I'm getting tired fellas and maybe I ain't got that long to be around but anyway. On this property, Heritage Homes has been after this you know on account of the road and the development and they've got 7 lots that they want to develop it. And maybe.. .much longer but anyway. We've been really giving it thought on the thing and you know on this fence deal, it's something that's got to be put up but not enough fill in the back and you don't gain nothing. It goes down over an embankment and whatever but that's here nor there you know. So I've got to move it a little closer to the road than the city likes and so on and so forth but it comes to a thing of maybe me or age or you know, they say well that equipment there. So I put it on Highway 7. I get an okay from Mrs. Anderson or Keith Anderson to sell the property. Or sell the back track hoe so now the City's on my back for having the track hoe sitting on 23 acres out there with a for sale on it, you know. So they threaten me with letters and say it's got to be off in such a such time and well finally, luckily somebody come along and bought it you know. So I got out of that one you know. But they said they have complaints. Well complaints on 23 acres you know, I don't see anybody even out there but. But anyway, that's what how the complaints, complaints but usually it goes back to number one you know. And like I said I will filing, this is the last time there's been a go around here just lately and I will 11 City Council Meeting - November 10, 1997 be filing harassment charges against him. He lives in Victoria and I don't see how that Chanhassen gets involved but Victoria's problems of harassment, or the complaints but anyway. I guess we'll go on from there and whatever but, and what you guys thing but. Acting Mayor Mason: I see here that one of the options is I certainly can understand why if you're considering selling the property you wouldn't want to install the fence. I certainly can't fault you for that. Are you able, are you in a position to remove the outdoor storage items? And so not have to install the fence. Lowell Carlson: Remove them off the property? Acting Mayor Mason: Well, so they wouldn't be a concern for the neighbor. Lowell Carlson: Well that's pretty impossible on that property I mean you know. I hear you because they live way back in the fields and you know, I don't know ifhe's got binoculars or whatever that it seems to bother him with that equipment but it's, in the excavating business there isn't an excavator that has a clean yard as far as I can see, you know. I mean you come and go and you <;ome in with one job and you drop it off and pick up another piece of equipment and that probably lays there until you finally get towards the fall of the year when you catch up and go back and start cleaning up again. But it is a tough racket to be in. I mean it isn't just like an ordinary job I guess. Maybe that's what I should have took a long time ago. So it is a little tough around them bases. I guess I can't argue with that. Acting Mayor Mason: Okay. Does anyone else on Council have any questions for Mr. Carlson? At this point. Councilman Senn: No, not for Mr. Carlson. I would like to hear if there's anybody else here though. \Vho wants to speak on it. Sharmin Al-Jaff: In 1985 the applicant had to go through a conditional use permit procedure. One of the conditions was that he install a fence and clean up what's on the site. That hasn't been done. Councilman Senn: I understand. I understand that. Councilman Berquist: He agreed to that in December of '93. Signed a stipulation to that. Councilman Senn: Correct. Lowell Carlson: Could I ask one question? Councilman Senn: Go ahead. Lowell Carlson: When did this conditional use permit come up? That isn't a conditional use permit on my property. Sharmin AI-Jaff: In 1985. Lowell Carlson: That's a locked in, grandfathered, well what am I trying to say I guess but it is not a conditional use permit on that property. That thing stays as an excavators yard as long as it, as I live, my kid lives, whatever so. On that property there is not a conditional use permit on that property. We have 12 City Council Meeting - November 10, 1997 been through that pretty hard stages on the conditional use deal but. To my knowledge there's not a conditional use permit but. Councilman Berquist: Is that part of the stipulation agreement? Sharmin Al-Jaff: Part of the stipulation. Legal non-conforming operation and it's not allowed to expand. But again, one of the conditions of the stipulation agreement was that the applicant cleans up. . . Acting Mayor Mason: And that was signed and agreed to in '93 I believe, right? Sharmin Al-Jaff: Right. Councilman Engel: 81h of December '93. Acting Mayor Mason: Okay. Thanks Mr. Carlson. I think if we. Is there anyone else here that would like to speak to this issue at this time? All right. Council. Councilman Senn: Well I guess I, Mike if! could. I'll tell you, I read through this and I was really torn back and forth because it's one of those items that comes before us that kind of probably should have ended a long time ago and nobody's done anything about it so it hasn't ended. The last thing I want to do is see us get in a situation where we're going to sit there and kind of wonder when something's going to come, because it seems like we've had a deal here where supposedly there's been some pretty hard and fast agreements and those haven't even been adhered to. So I'm not sure that I look at this and say there's been a lot of good faith either way on this deal. But practically speaking, at the same time if somebody's seriously interested in developing the property, I think it's kind of a waste of money to build the fence. So the idea or solution that I guess I would like to propose is that we first establish the cost to build the fence. That then Mr. Carlson agree to post a bond or escrow 1 Yz times the fence cost. And that the terms of that bond and escrow then be very specific to say that if the property does not have an approved development plan or if there's not substantial progress towards it in the City's sole discretion within 6 months, the property owner will forfeit the bond or escrow and the City will install the fence. Now I've proposed that for several reasons. One is, it requires the property owner to put something at stake up front. Which creates in effect the impetus for him to get going and do something or not do something, but ifhe chooses to not do anything and we end up with the fence in 6 months, then there's no questions about it. And there's also no questions about how we're going to recover the cost of putting the fence up. And I guess it seems to me that would be maybe the best practical approach at this point. Councilman Engel: Mark and I are thinking along the same lines. I was writing.. . myself and he said 6 months. I just came up with a date of May 1 SI in my own mind. Along the same lines though. Give him a chance. Get a development contract.. .fence they end up bulldozing. Gives him time to decide what he wants to do. But one way or the other it will be resolved next spring, so we're thinking the same thing. Roger Knutson: Acting Mayor? You might want to consider what you want to do if escrowed funds are not forthcoming. In other words, you go out and get a price for putting up this fence. It's x dollars. You don't hear from Mr. Carlson or at least we don't get the x dollars. What do you want to do? Councilman Senn: We would immediately go out and install the fence and assess it back against his property. How's that? Okay? Acting Mayor Mason: Councilman Berquist. 13 City Council Meeting - November 10, 1997 Councilman Berquist: Can we assess back against the property? Can we encumber the property for that type? Roger Knutson: Yes. You stipulated in the stipulation that we could do that. The Court Order says we can do that. Councilman Berquist: So in this stipulation that was dated 8 December, okay. Well that was the question that I had was what if that's not forthcoming. The only issue that I'd like to clear up, if we're going to take a hard ball stance, and given the fact that there was an agreement signed by all parties, including Mr. Carlson on the 8th of December, 1993 and to date nothing has been done. My intention is to be kind of a hard nose. But Mark said the City's sole discretion and I don't think that necessarily has to mean that, what it means in my mind is that you're working towards compliance with the stipulation agreement, which means that the property gets cleaned up. It doesn't mean that you discontinue using it as a contractors yard. It means that you simply clean up the messes that have been there for years and that continue to accumulate. The vehicles that have been abandoned. The other junk that's lying about. I don't think this is necessarily something that is designed to be mean. It's just simply designed to enforce the stipulation that was signed by you back in '93. Councilman Senn: Well I think also the property owner would be, how do I say this? In a way I think Mr. Carlson you'd be best thinking of yourself at this point too. If you're seriously considering selling this property for development, you'd better get going and get it cleaned up because if you don't, you're going to have a very rude awakening when somebody comes out to do what's called a Phase I Environmental on your property. And there's two ways to deal with that. Deal with it up front or deal with it after the fact and I think you'll find that dealing with it after the fact is far less a good alternative than dealing with it up front. So that's just a silly piece of advice. Lowell Carlson: Could I just say one thing? . . . they want a chain link fence. .. you're going to see all the equipment through the fence. I mean I don't understand.. .except for one guy, one neighbor... Councilman Senn: Well maybe, I think you're under a misimpression. We are not talking here about a chainlink fence. We're talking here about a privacy fence. It is required to screen the contractors yard from adjacent properties. It's not a chainlink fence. Lowell Carlson: On this plan it says a chainlink fence. Outside... Councilman Senn: Mr. Carlson I understand that but what we're talking about, just so there's no misunderstanding about it, the fence we're talking about installing is a privacy fence which will screen your yard from the neighbors. Okay. It's a screening requirement that we have on any contractors yard. Lowell Carlson: Has that been approved? Councilman Senn: It has been approved before and has not been adhered to nor honored by you under the terms of the agreement. Lowell Carlson: ... property and so on and so forth and decided to build... three different buildings were drawn up.. .12 acres over there next to me. He didn't get the property closed and when he did get it closed he had to have it right now and... weekend to tear the building down.. .on and on and on but. 14 City Council Meeting - November 10, 1997 Councilman Engel: I think just to clear things up, to the east side is a 612 foot wood fence. It looks like.. . storage area. Then you've got a chainlink fence and you've also got the trees up every 30 feet along that chainlink fence. But it's spelled out in the agreement where it's chainlink and where it's wood but it is clearly wood is the portion that you're referring to and it's got chainlink as you're referring to, but you've also got the tree every 30 feet along the chainlink. And Ijust want to clarify really, the City's deciding. Acting Mayor Mason: Right, it's right in here. Councilman Engel: ...build a fence, really if we do what Mark's proposing, it's up to Mr. Carlson how the fence gets built and ifhe sells or has a development plan, it doesn't happen. Ifit doesn't that's his decision. It's really not ours. All we're saying is this is the agreement from 1994, I believe. Acting Mayor Mason: '93. Councilman Engel: '93, fine. We're not making the decision. We're simply saying here's a couple of options. He can pick the one he likes best. All right let's, the City's not really making the decision. Roger Knutson: Acting Mayor? I think I sense the motion you're going to make. You might want to also provide that once you get him the cost of the fence, he has x days to get you a cash escrow. So we're clear on what you expect to achieve. Acting Mayor Mason: Okay. Councilman Senn: Sounds good. Want me to take a try at one and you help me out ifl need help please? I would move that the City establish the cost to build the designated fences and landscaping around Mr. Carlson's property, and once that price is established, Mr. Carlson then has 10 days which to post a bond or provide cash escrow 1 12 times the cost of that, those improvements. The terms of forfeiture on either the bond or the cash escrow would be that if the property has not been, or does not have an approved development plan or if there is not substantial progress towards one in the City's sole discretion within 6 months, the property owner shall forfeit the bond or cash escrow and the City will immediately install the fencing and landscape materials. Should Mr. Carlson not furnish the escrow within the 10 day required period, the City will immediately undertake installation of the fencing and landscape materials and said cost will be then assessed back against Mr. Carlson's property. Roger Knutson: The only suggestion I'd make is that you replace the term bond with letter of credit. Councilman Senn: Okay. So noted. Acting Mayor Mason: I'm wondering if you would consider changing that 10 days to 30 days? I mean we've waited. Councilman Senn: Mike, I'd do the 30 days but then I'm kind of in tune a little bit with where Mark is. I'd really like to see this resolved by, you know, by spring. I mean if we give him 30 days to do all this, plus add 6 months, I mean we're going to be halfway through next summer. I mean I'm trying to say let's get it out of the way in the early spring one way or the other. 15 City Council Meeting - November 10, 1997 Roger Knutson: The only thing I don't know about at this time of year is when frost is going to be deep enough in the ground to make it, you can always put in a fence no matter how deep the frost is, but it's going to be, the cost is going to be substantially different. Councilman Senn: Yeah, right now there's only an inch or two of frost. I mean if we get this done and get the 10 days, we should actually in a position, ifhe doesn't furnish it, to go ahead and get the fence built yet this season. Ifnot, I think we're, again we can do it but we're going to be increasing the expense substantially to do it. And then the other end is the tail end which I'm trying to bring up on the thing. I mean I supposed we could reduce the 6 months to 5 months or whatever to counter but I don't know, then at the same time we're going to also be up to you know, probably permanent or pretty decent frost conditions within 30 days I would think. Councilman Engel: Why don't we just do what I was thinking is hang a date on it so that everybody knows, like May I? That's effectively 6 months. Councilman Senn: Yeah. I don't have a problem with that. Councilman Berquist: And then change it to 30 days? Councilman Senn: If you're comfortable with that. Councilman Engel: The money, otherwise fence by May 1 st. Councilman Senn: I would say 30 days, well but see how long is it going to take us to get the cost of the fence together? Councilman Engel: End of the week. Todd Gerhardt: Week or two. Councilman Senn: Yeah, and we're starting to, how about 15 days? Councilman Berquist: How about 30 days? I mean ifit's, another snow season, everything's covered. Who cares? Acting Mayor Mason: Yeah. I'm a lot more comfortable with the 30 days. Councilman Senn: Okay. All right, let's do it. If that's what everybody wants to do. Councilman Engel: We've got a hard date on the back end. Councilman Senn: That's fine. May 1 st and 30 days then. Councilman Engel: I think we'll know what's happening one way or the other. Acting Mayor Mason: We should maybe re-read the motion. Or not? Councilman Senn: Those were simple changes. I think it's probably in the record. 16 City Council Meeting - November 10, 1997 Councilman Berquist: So 30 days from the date of the fence. Lowell Carlson: ., .30 days from what? Councilman Berquist: Do you want me to wing this? We're going to determine how much it's going to cost. Approximately how much it's going to cost to put a fence up in accordance with the stipulation from back in 1993. Once we determine how much it's going to cost to put that fence up, we're going to let you know it's going to cost x number of dollars. Let's pick a number. Let's say it's going to cost $100.00. You will be, it's going to cost a hell ofa lot more than that but let's just use that. You're going to be required to deposit $150.00 in a bank and that bank is going to furnish the City with a Letter of Credit that says they have that money. Six months from that date, or May 1 st, you will be required to have that fence up or significant changes in place for the disposition of your land. Lowell Carlson: You're talking about May 1st. After that... Councilman Berquist: You're going to start construction prior to May 1 st of your fence, if you're still there. And if you don't, you're going to lose that 1 Y2 times whatever it's going to cost to put the fence up. Councilman Senn: But you could also have somebody making a development plan to the City and proceeding forward with that. Then you won't have to put the fence up. But that's got to happen before May 1 st. So no more delays. No more dragging of the feet. Acting Mayor Ma~. \~Y.a\.1, u.and that if we have some sort of proof that there is something in the works for this dev~l. the fence may not have to go in. Lowell Carlson: As old as I am, I probably ain't going to be able to make that up...fellas. I don't want you to feel sorry for me... Acting Mayor Mason: Good enough. Lowell Carlson: Like I said, I'm getting old and... Acting Mayor Mason: I bet that doesn't happen Lowell. Councilman Engel: Are you aware of what the terms are Mr. Carlson? Are they clear? Councilman Senn: Todd, maybe the easiest way to. Councilman Engel: Are you aware what the terms are? Is it clear? Lowell Carlson: I guess so. Councilman Engel: Okay. Councilman Senn: Maybe if! could suggest, we're going to have to go out and take a week or two to get the cost together, okay. Could you have somebody take this portion of the tape and just transcribe that motion and get it sent out to Mr. Carlson right away so he has it in writing and understands it. You know prior to us coming up with that cost. Okay. 17 City Council Meeting - November 10, 1997 Councilman Engel: That's good. I like that too. Todd Gerhardt: We usually do that. I mean Sharmin will send him a letter on the results of the meeting. Councilman Senn: Okay, but I'mjust saying usually that happens a couple weeks later doesn't it, rather than right away? Todd Gerhardt: We can do it right away. Councilman Senn: Okay, super. Councilman Engel: Good. Then he'll have it. Acting Mayor Mason: I did not hear. There was a motion made. Was there a second? Councilman Engel: Second. Acting Mayor Mason: Okay, the motion has been made and seconded. Councilman Berquist: With the amendments as noted. Councilman Senn: Correct. Councilman Senn moved, Councilman Engel seconded that the City establish the cost to build the designated fences and landscaping around Mr. Carlson's property, and once that price is established, Mr. Carlson then has 30 days in which to post a letter of credit or provide cash escrow 1 Yz times the cost of those improvements. The terms of forfeiture on either the letter of credit or the cash escrow would be that if the property has not been, or does not have an approved development plan or if there is not substantial progress towards one, in the City's sole discretion, by May 1, 1998, the property owner shall forfeit the letter of credit or cash escrow and the City will immediately install the fencing and landscape materials. Should Mr. Carlson not furnish the escrow within the 30 day required period, the City will immediately undertake installation of the fencing and landscape materials and said cost will be then assessed back against Mr. Carlson's property. All voted in favor and the motion carried. RECEIVE RECOMMENDATION OF PARK & RECREATION COMMISSION CONCERNING GREENWOOD SHORES ACCESSIBILITY REPORT. Public Present: Name Address Gwen Hennessey Alice Fowler Joanne & Bill Lambrecht Steve Cuodziwki Ann Archer Butcher Judy Christensen 6800 Utica Circle 7050 Utica Lane 6990 Utica Lane 7090 Utica Lane 7100 Utica Lane 18 CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 December 3, 1997 Mr. Lowell Carlson 4141 Kings Road Excelsior, MN 55331 Dear Mr. Carlson: This letter is to infom1 you that the City has obtained estimates for the installation of the fence on your property. The lowest estimate submitted was S 1 0,840.00. The City Council has required you to submit an escrow or a letter of credit for 150 percent of this amount. Therefore, you are required to submit S 16,260.00 to the City no later than Friday, January 2, 1998. After you have submitted the escrow or letter of credit, you will be required to install the fence prior to May I, 1998. If the installation is not complete by this date, the City will install the fence using the escrow. One way for you to avoid paying the escrow is to install the fence by January 2, 1998. Should you have any questions, please feel free to contact me at 937-1900, ext. 117. Thank you for your cooperation. Sincerely, I _ _ .-0 ,"T--\ _ , II' fJ-)1--. -_-'J/~K{j)-"--- i_ern TV ~-y IJ . .. ) ti' vI ( i J ~ Cynthia R. Kirchoff Planner 1 CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900 . FAX (612) 937-5739 December 18, 1997 Mr. Lowell Carlson 4141 Kings Road Excelsior, MN 55331 Dear Mr. Carlson: This letter is a follow-up to our meeting that took place on Monday, December 15, 1997. We discussed the escrow that you are required to submit by January 2, 1998 for the installation of the fence on your property. You requested that staff assist in resolving the situation. As we discussed, the escrow was required by the City Council. Therefore, any revision in this requirement must be reviewed and approved by the Council. We discussed that your item can be placed on the January 12, 1998 agenda. You stated that you need to make certain that this date will work for your schedule. Being that I have not heard from you, I am assuming that this will agree with your schedule. You will receive a staffrepon around January 8, 1998. If you have any questions, please feel free to contact me at 937-1900, ext. 117. Your cooperation is sincerely appreciated. Sincerely, Ujr~~.I~ Cynthia R. Kirchoff Planner I