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1k. Planning Commission Minutes Dated September 4, 1996CHANHASSEN PLANNING COMMISSION REGULAR MEETING ' SEPTEMBER 4 1"6 Chairwoman Mancino called the meeting to order at 8:25 p.m. ' MEMBERS PRESENT: Craig Peterson, Bob Skubic, Nancy Mancino, Ladd Conrad, Kevin ' Joyce and Jeff Farmakes STAFF PRESENT: Kate Aanenson, Planning Director; and Dave Hempel, Asst. City Engineer ' PUBLIC HEARING: ' RENEWAL OF INTERIM USE PERMIT FOR THE BLUFF CREEK GOLF COURSE., THE APPLICANT HAS RECEIVED AN INTERIM USE PERMIT FOR THE FILLING, AND STABILIZATION OF AN EXISTING RAVINE ON BLUFF CREEK GOLF ' COURSE. DUE TO THE SIZE OF THE RAVINE. THIS PROJECT WILL BE ONGOING AS CLEAN FILL BECOMES AVAILABLE. THE INTERIM USE PERMIT, MUST BE RENEWED ANNUALLY. ' Dave Hempel presented the staff report on this item. ' Mancino: Thank you very much. Any questions for staff at this point? Peterson: I've got, if I understand the ... what percentage is it as far as what he feels ... to get to ' where it's currently the necessary amount. Hempel: Based on the plan that was submitted for restoration of that portion of the ravine, ' they've estimated approximately 40,000 cubic yards. Peterson: They've got quite a ways to go yet? ' Hempel: That's correct. ' Mancino: Where does that 40,000 go? I mean when you go out and look at it, I mean does it keep going around the sides of that gorge or do you just keep. ' Hempel: This is a reduced version of the grading erosion control plan for the site. Creekwood Drive is located here and the golf course is laying north of it. The bluff area is shown in this area ' here. The area of washout is in this area. With the 40,000 cubic yards of material, basically this touches part of it. The ravine naturally... stabilize this area as well as the bottom. Storm sewer has been constructed from this point underground and out at the base here. That's already in ' place. The fill is to minimize or to stop the erosion occurring out into the golf course property. There's really no methods of filling out far enough to control the erosion beyond the area that you see right here. This is the area that would be really stabilized as a part of the fill. These 1 Planning Commission Meeting - September 4, 1996 types of slopes exist all through the bluff area and there are some... some areas washed out but not to this magnitude. The City a few years ago restored an area a block or two to the east of this, south of Halla's. It was much smaller and we did install storm sewer system and placed quite a large amount of fill in the area and have stabilized the slope now through there. It seems to work quite well. Mancino: If the Bluff Creek management plan comes on, will this have anything, will we be looking at this area differently to manage? And will we be able to work with the golf course and do other sorts of, implement other sorts of techniques? Hempel: I think the important improvements are already implemented out there and that is controlling that runoff through that ravine. They did install a catch basin upstream on the north side of the driveway where the water all has to pool or collect and then that's discharged at a controlled rate to reduce erosion downstream. Before it simply funneled the concentrated flow right through this ravine and literally increased the runoff in that area. And erosion. Aanenson: If I could just take that a bit further. I think one of the concerns was, we certainly don't want to see it go... I think to take it a step further ... your question, certainly the revegetation which we talked about tonight to reduce the speed of water coming over the top is probably the next step and we'd be looking at ... as the plan develops. Mancino: Okay. Because this is just a normal revegetation plan as we would do in any subdivision versus getting back to the indigenous or native... Aanenson: Right, that'd be your recommendation for the next level. Hempel: If I could maybe just touch on that a little bit further. A lot of this erosion is caused from subsurface drainage as well. If you go out and you see leeching of the soils, 10 -15 feet below the surface, and a lot of that has caused erosion and undermining that and causing the top crust just to slide right down the hill. And so that's the subsurface drainage causing that. Mancino: If you fill the 40,000, are they going to cover the tree that's down at the bottom now? That big, beautiful tree. Hempel: No. That's beyond the filling limits. Mancino: Okay. Hempel: I should just maybe touch on, the staff has received a couple of telephone calls with regards to renewal of this permit. They were unable to make this meeting tonight but I did indicate I would relay their concerns on to the commission. One of the concerns was site restoration. Fill that was placed out there last fall, in 1995, no restoration and regrading of topsoil was done. That was due to the thought that additional fill ... would be placed in the spring and it would be a waste to try and spread topsoil and then this spring ... and essentially no vegetation would be established. The other concern was dirty streets from the hauling out there. Planning Commission Meeting - September 4, 1996 I did not receive any complaints of dirty streets. The street was blacktopped prior to them ' hauling out there. Hours of operation was also a concern. They felt that there may have been some violation of that. ' Mancino: That brings up a good point from me... I know I've called a couple of times on some hours. What do the homeowners that live on Creekwood, and there is a violation of hours, who do they call? What do they do to get it stopped? ' Hempel: During normal City Hall hours from 8:00 to 4:30, you can certainly contact city staff. ...would most likely be a public safety department and they could contact the City Engineer, ' street superintendent and make him aware of what's transpiring out there. Go out and field visit. ' Mancino: But mostly they're going to have to wait until the next day to make sure that something happens. If they're still going at 7:00 at night. ' Hempel: Most likely ... it will take to the next day to report the actions, correct. One of the other concern is that ... say stop. How far do we go to... I indicated we did have a grading plan that shows the scope of what is involved. The option is to have a complete summer of non -stop ' filling out there, truck traffic every day, or an alternative of filling a week or two out of the summer, and that's basically... It's kind of a balancing act ... continue to go on. If they try to sell their... ' Joyce: There's no problem with the fill itself? ' Hempel: The fill ... good fill material. All clay. As the topsoil is brought in, it's not coming from... ' Mancino: There were some pretty good chunks of cement out there on the left side, or the west, east side. Hempel: Most of...that staff has seen throughout the years is ... try to curtail unauthorized filling. Mancino: Thank you. Any other questions? Is the applicant here and do you wish to address the ' Planning Commission? Please do so. ' Norman Berglund: Yes, my name is Norman Berglund. Mancino: Would you come up to the podium please Mr. Berglund. ' Norman Berglund: My name is Norman Berglund. I'm a general partner in the Bluff Creek Golf Association. I live at 2205 Concordia Street, Wayzata. Mr. Hempel I think has pretty well ' presented the situation. It's the same as last year. The ravine... still exists and we're getting, because of the subsurface drainage, we're still getting the sloughing off of, big chunks off each of the west and the east bank, and that's where that's big tree. Did you see that tree? ' 3 Planning Commission Meeting - September 4, 1996 Mancino: Yes. Norman Berglund: Isn't that something? Mancino: Unbelievable. Yeah, looking into an, it's an aquarium. Norman Berglund: ...and I hope it continues to grow. But anyway, what we'd like to do is, I think in line with the city's bluff restoration program, I think this fits in well. And as far as Bluff Creek is concerned, we would like to continue... It should stabilize a good share of that area. We won't get it all because you've got almost a 30 foot vertical cliff and then... So we think it's beneficial for us and we think it's beneficial for the city and as I understand, you're going to have a trail system down there. You'll modify the slopes ... but I appreciate your consideration. Thank you. Mancino: Thank you. Thank you very much. May I have a motion, and a second please, to open this for a public hearing. Peterson moved, Joyce seconded to open the public hearing. The public hearing was opened. Mancino: This is open for a public hearing. Anyone wishing to address the Planning Commission at this time, please do so. Conrad moved, Joyce seconded to close the public hearing. The public hearing was closed. Mancino: Thank you. Comments from commissioners, and questions. Craig. Peterson: I think the points that were being brought up ... I think last year we addressed virtually all of them in a pretty detailed fashion. ...do our best to make the applicant abide by those regulations. But I still certainly feel ... the area to continue with the... Mancino: Thank you. Bob. Skubic: Well I'd also vote for approval at this time but I'd certainly encourage the applicant to make better progress of filling this. If this came back again, I'd probably... Mancino: Kevin. Joyce: My thoughts basically echo what the other two commissioners ... but we definitely need some progress, number one. And number two, I don't think we should have any more comments from the neighbors... looks like it's going to be more than 1, 2, 3 year process. I don't have any problem voting for it next year if there's no problems with the neighbors. I think it's unreasonable to have trucks out there later than what we set aside as very specifically in the City Council Minutes so I hope that doesn't come up again but right now I'm fine. It looks good. 4 I I 1 1 J Planning Commission Meeting - September 4, 1996 Conrad: I agree with the staff report. Mancino: Jeff. Farmakes: I agree. Mancino: I do too. I just have a couple of questions for staff. Thinking about the people in your area that live on Creekwood. Do they, will they get sent something at the end of this to say what the hours are so that they know this? There are only seven homeowners there. I think I counted seven or eight homes. Is there something that we can send to them telling them what has passed City Council? What the hours are and all the recommendations. Hempel: We can certainly send them a copy of the approved conditions. Mancino: I think that that would be a good idea. Also, the other suggestion that I'd just like to bring up and hear what you think is, do you find any problems with people illegally dumping or, one illegally dumping or the fence not being up. Can we put up a temporary sign that says, you know you are unauthorized to dump and the hours must be da, da, da, da, da, da. Not a huge sign but just something small by that area because when I went today and the orange fence was down and I drove my Jeep right up there and so some sort of a temporary sign with that being, you know it's an entrance to the golf course and I'm concerned about the aesthetics of it. Any suggestions from commissioners? Do you think it's needed? Hempel: At this time we've not seen or heard of any illegal dumping. Not to say that...because I would encourage the applicant to maintain that fence, and I believe he did have a sign on there at one time. Norman Berglund: We can put a sign up. But actually ... and we don't want that either. Mancino: Okay. Well either, you know make sure the fence stays up or, and put up some sort of a sign so that people know what the hours are and must contact you for dumping consent. Those are all my comments. May I have a motion please. ' Peterson: Madam Chair, I make a motion that the Planning Commission approves the extension of the Interim Use Permit #95 -1 for Bluff Creek Golf Course as shown on the plans prepared by Schoell & Madson dated June 6, 1995, revised June 7, 1995 (received June 29, 1995), and ' subject to the conditions 1 through 17. t Mancino: Would you accept a friendly amendment? Peterson: Maybe. ' Mancino: A friendly amendment would be. ' Conrad: I'd second Craig's motion. C Planning Commission Meeting - September 4, 1996 Mancino: I'm so sorry. I lost my train of thought. Any discussion? Conrad: You did say anything that was. Mancino: I wanted to add on something. Not about the temporary sign. Oh! About sending a letter to the residents, to the seven residents who live on Creekwood, what the conditions are. Peterson: Friendly amendment accepted. Mancino: Would you second that motion with the friendly amendment? Conrad: Sure. Mancino: Thank you. Any discussion? Peterson moved, Conrad seconded that the Planning Commission recommends to approve the extension of Interim Use Permit #95-1 for Bluff Creek Golf Course as shown on the plans prepared by Schoell & Madson dated June 6, 1995, revised June 7, 1995 (received June 29, 1995), and subject to the following conditions: 1. The applicant shall be required to provide the City with a letter of credit or cash escrow in the amount of $5,000 to guarantee maintenance of erosion control, site restoration and street cleaning. The financial guarantee shall be released upon completion of the project. 2. The applicant shall fence the top of slope area for safety purposes and to discourage /prohibit unauthorized filing after hours. 3. The site will be subject to periodic reviews by the City and inspections to ensure compliance with the conditions appropriated to ensure health, safety and restoration. 4. Hours of operation shall be 8:00 a.m. to 4:00 p.m. Monday through Friday with no work on Saturdays, Sundays or legal holidays. 5. Erosion control measures shall be reinstalled prior to commencement of any filling operation. Erosion control measures shall remain throughout the project until the slopes are fully revegetated and removal is authorized by the City. 6. All disturbed areas, as a result of this construction, must be restored with seed and disc - mulched, sod or wood -fiber blanket within two weeks from the completion of construction or no later than November 15, 1996. 7. All fill material to be placed in the ravine must be clean fill free of any debris. Clean fill ' consists of clay or granular -type soils. No organic or landscaping debris, asphalt or 6 I I Planning Commission Meeting - September 4, 1996 concrete larger than one foot in diameter will be permitted. All unsuitable material discovered must be removed by the applicant as directed by the City. 8. The applicant shall comply with the Riley- Purgatory-Bluff Creek Watershed District's permit. 9. The applicant shall daily clean dirt and debris from streets that has resulted from construction work by the applicant, its agents or assigns. If the streets are not maintained, the City shall use the applicant's security escrow to hire outside forces to complete any necessary work. 10. This interim use permit may be renewed on an annual basis. The permit shall expire one (1) year from the date of City Council approval. The applicant shall contact the City to request a formal extension 45 days prior to expiration. The renewal permit shall be subject to City Council approval for renewal. ' 11. The applicant shall reimburse the City for all costs incurred in the enforcement of this permit including engineering and attorney's fees. 12. The applicant shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulted from permit ' approval or work done in conjunction with it. The applicant shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur inconsequence of such claims, including attorneys fees. ' 13. In the event of default by the applicant as to any of the work to be performed by it hereunder the City, at its option, may perform the work and the applicant shall promptly ' reimburse the City for any expenses incurred by the City provided the applicant is first given notice of the work in default not less than four 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. If the City does any such work, the City may, in addition to other remedies, assess the cost in whole or part to the property owners. ' 14. The applicant must notify the City Engineer in writing a minimum of 48 hours prior to fill material being placed on site. ' 15. The site shall be graded in conformance with the approved ravine restoration plan prepared by Schoell & Madson dated June 6, 1995, revised June 7, 1995. ' 16. No work shall occur from November 16` through May 15` ' 17. City staff shall perform routine surveys of the road prior to the hauling of fill material and monitor road conditions and address any necessary repairs in a timely fashion for the residents. Planning Commission Meeting - September 4, 1996 18. City staff shall a copy of the conditions of approval to all residents living on Creekwood. I All voted in favor and the motion carried. Mancino: The motion carries and will go to the City Council on? Hempel: September 23` Mancino: September 2P. Thank you for coming. OLD BUSINESS: Aanenson: I had two items. First item is that the City Council, you had recommended... to be interviewed for the Planning Commission and the City Council... CSM, you had recommended that they modify their architecture. Sharmin and I met with them and believe... September 9` and that's all I had under old business. Mancino: That's good to hear. Thank you. Any new business? Aanenson: No. APPROVAL OF MINUTES: Skubic moved, Joyce seconded to note the Minutes of the Planning Commission meeting dated August 21, 1996 as presented. CITY COUNCI UPDATE: Aanenson: Actually there's a could other things. We're meeting on the 20 which should be a large meeting. Had a few things on. Minnewashta Parkway... excuse me. Minnewashta Regional Park. The improvement and expansion. Creekside final plat ... they approved that... The Creekside 2 which ... had recommended approval of but there was ... so that will be back on September 9` They approved the antenna for Hesse Farm. Shadow Ridge. The lot split there. They approved the Sinclair with the lights was also approved. And then Paws and Claws was denied. That was one of those the City Council had thought... metal siding on the barn and brick on the rest of the... so coming back with Findings of Facts. Mancino: Thank you. Any open discussion? Aanenson: I did have an ongoing item also. Just as far as your next agenda. I appreciated everybody coming early today and I know it makes for a long meeting but I appreciate you coming early. We only have one item on the next meeting so I just thought... there's a lot of pressure so we do need to handle that but what I'd like to do, it does get dark earlier, if we could meet at 6:30, I've got a really great field trip. We'll go look at ... projects. A couple of projects ... and some grade changes. Just to go back and kind of see what we've done and ... so we've got a field trip. I think we can get an hour in before it starts getting dark so if we could start at 6:30. Get back here and start the regular meeting by 8:00 and then we've just got... but if Planning Commission Meeting - September 4, 1996 that would work for you, we'll go ahead and set it up for 6:30. And we may take two vans, ' because I think some of our staff would like to go too ... I'd like to have Phil talk about the water quality project on Lake Lucy... ' Mancino: Okay, good. Any other open discussion? I hate to bring it to an adjournment, but I'd like to take a motion to adjourn the meeting. ' Conrad moved, Mancino seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 8:50 p.m. ' Submitted by Kate Aanenson Planning Director ' Prepared by Nann Opheim F ! U ' 9