1m. Approve Renewal of Interim Use Permit for the Bluff Creek Golf Course, 1025 Creekwood Dr.1 �
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CITY O F
DATE:
8/29/96
PC DATE:
9/
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CC DATE:
9/23/923/9 6
CASE #:
95 -1 IUP
By:
D. Hempel
STAFF REPORT
PROPOSAL: Renewal of Interim Use Permit No. 95 -1
Restoration of an Existing Ravine on Bluff Creek Golf Course
LOCATION: Bluff Creek Golf Course - 1025 Creekwood, Chanhassen
S %z, Sec. 26, TI 16N, R23
APPLICANT: Bluff Creek Golf Association
Norman Berglund - General Partner
1025 Creekwood
Chaska, MN 55318
PRESENT ZONING: A -2, Agricultural Estate District
ACREAGE:
DENSITY:
ADJACENT ZONING
AND LAND USE:
193 Acres
N/A
N - A -2
S - A -2 - Hesse Farm
E - A -2 - Halla Nursery
W - A -2
WATER AND SEWER: N/A
Adon by City Adminliftf tan
EndorF -
Modified
Rejector
Date 9 �/.4 q,b
Date Submitted to Commiaa(o4
Date Submitted to Council
9-a3 -9b
PHYSICAL CHARACTER: Generally rolling terrain (golf course). The southerly porti6w
contains wooded bluffs.
2000 LAND USE PLAN: Agricultural Estate
Bluff Creek Golf Course
Interim Use Permit Renewal
Page 2
PROPOSAL /SUMMARY
Mr. Norm Berglund, partner of Bluff Creek Golf Course Association, has submitted a letter
requesting an extension to Interim Use Permit No. 95 -1 which expires August 28, 1996.
According to Mr. Berglund, some fill material was placed on the property during the fall of 1995;
however, no additional material has been added to the property during 1996. It was their hope
that additional fill material would be available in 1996; however, to date they have not received
any inquiries to place the fill material but are hopeful additional material will become available
in the near future. Their goal remains the same: to correct or mitigate the continual erosion of
the bluff which has caused large areas of material to slide into the ravine as well as trees. A very
large tree (30 to 36 -inch diameter) recently slid off the west bank and now sits at the bottom of
the ravine in an upright position and it is possible it will continue to grow. It is the applicant's
request that Interim use Permit No. 95 -1 be renewed for another year with the hope that
continued fill material will be available to complete this restoration project. Staff is
recommending approval of the renewal of Interim Use Permit No. 95 -1 with the conditions
outlined in the report.
BACKGROUND
The applicant, Mr. Norm Berglund, partner of the Bluff Creek Golf Course Association, received
an interim use permit (No. 95 -1) on August 28, 1995 in an effort to clean up and restore a section
of Bluff Creek within the property. Restoration of the bluff also included removal of several
junk cars, appliances, etc. from the ravine area prior to placement of any fill. In addition, storm
sewer has been extended further on down the hill in an effort to control runoff and erosion. Over
the last year the applicant received approximately 5,000 to 8,000 cubic yards of material which
was placed on the property. The applicant did not restore the slopes with topsoil and seed
assuming that additional fill material would be available; however, during the summer, native
vegetation, i.e. weeds, have grown on the slope. Staff has reviewed the site and finds that the fill
material that has recently been placed is beginning to crack and shift due to inadequate
compaction of the slopes. Staff concurs with the applicant that additional fill material will be
needed in order to ramp the slope sufficiently to get equipment on the slope for compaction
measures. The current placement of fill does not appear to be causing erosion problems. The
existing side slopes, however, are continuing to erode and need fill material to control erosion.
Staff still believes that this proposal is an overall improvement to the property to the City and
will stabilize a portion of the bluff zone. Staff is proposing that the permit be extended another
year from the date the City Council grants approval.
FINDINGS
When approving a conditional use permit, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20 -232, include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
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Bluff Creek Golf Course
Interim Use Permit Renewal
Page 3
general welfare of the neighborhood or the city.
Finding: The project area will be fenced off during hours when work is not
occurring. The project will be eliminating the existing dangerous
conditions.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The project will enhance the bluff line by restoring the grade to match the
adjacent bluffs and provide for revegetation of the bluff.
3. Will be designed, constructed, operated and maintained so to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: This project has been designed in a fashion to restore the bluff line back to
its original condition and control stormwater runoff from the property.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The project will involve trucking of fill material to the site. Disruption
will be minimized by controlling the hours of operation, providing dust
control, and fencing the perimeter after hours.
5. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools; or will be served adequately by such facilities and services provided by the
persons or agencies responsible for the establishment of the proposed use.
H
11
Finding: The applicant has installed a storm sewer along the ravine to manage
runoff from the site and control erosion. A new bituminous street (private)
has been installed by the golf course.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: This project was initiated by the applicant and will not require city funding
or personnel/equipment.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: Trucking activities will generate additional traffic through the
Bluff Creek Golf Course
Interim Use Permit Renewal
Page 4
neighborhood. Street cleaning will be required and monitored by the City.
The applicant will be required to provide the City with a security escrow
to ensure the streets are properly maintained.
8. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Trucking activities will temporarily increase traffic volumes along
Creekwood. Truck turnarounds/bypasses may be required to maintain
traffic flow through the neighborhood should congestion become a
problem.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The project will be restoring and enhancing the bluff line which has
severely eroded over the past years.
10. Will be aesthetically compatible with the area.
Finding: The project will be restoring the bluff line and controlling erosion into
Bluff Creek.
11. Will not depreciate surrounding property values.
Finding: The project will maintain or improve property values by restoring the bluff
,
line and controlling erosion.
12. Will meet standards prescribed for certain uses as provided in this article.
'
Finding: The construction plans have been prepared in accordance with the
Watershed District and City staff comments and recommendations based
,
on engineering practices and city ordinance.
PLANNING COMMISSION MEETING UPDATE
At the September 4, 1996 Planning Commission meeting, a public hearing was held to discuss
the renewal of Interim Use Permit #95 -1 for Bluff Creek Golf Course. There were no residents
,
present at the public hearing. Staff, however, did receive a telephone call from one of the area
residents with concerns on how long the filling would be permitted. In addition, site restoration,
hours of operations, and dirty streets were also of concern. Staff has addressed most of these
'
within the staff report. The Planning Commission recommended renewal of the interim use
permit with one additional condition of approval that City staff send copies of the Conditions of
t
Approval to all residents living on Creekwood.
Bluff Creek Golf Course
Interim Use Permit Renewal
Page 5
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
i "The City Council approves a one year extension to 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
1 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 filling 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
t 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, 199 -56.
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
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
1 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 shall may be renewed on an annual basis. The permit shall
Bluff Creek Golf Course ,
Interim Use Permit Renewal
Page 6 ,
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 in consequence 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 Getehe through May 15th.
17. City staff shall perform routine dew -€eFmel 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.
18. City staff shall send a copy of the Conditions of Approval to all residents living on
Creekwood."
ATTACHMENTS
1. Letters from Norm Berglund dated August 6 and 23, 1996.
2. Permit Application.
3. Public Hearing Notice.
4. City Council minutes dated August 28, 1995.
' Bluff Creek Golf Course
Interim Use Permit Renewal
Page 7
5. Planning Commission minutes dated September 4, 1996.
' 6. Ravine restoration plan prepared by Schoell & Madson, dated June 6, 1995, revised June
7, 1995.
' c: Charles Folch, Director of Public Works
Mr. Norman Berglund, Bluff Creek Golf Course
' Mr. Bob Obermeyer, RPBC Watershed District
Mr. Marcus Zbinden, Carver County Environmental Services
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OFFICE. 464 SECOND ST. • EXCELSIOR. MINN. 55331 • PHONE 612/474 -5428 2 ,2 'I 1
COURSE: LOCATED ON HIWAY 101 - 3.3 MILES SO. OF CHANHASSEN • 445 -5685 i ` �� S 169
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
' DEVELOPMENT REVIEW APPLICATION
' APPLICANT: v J'V r ✓c (. k; 9m Axrn OWNER: r vi o
' ADDRESS: / n P ,5 ADDRESS: 17o S
1
NIN SS39
GUaY 7-;)- :a- MN S75
TELEPHONE (Day time) 61A — 47/-107. I TELEPHONE: 61,
9. Site Plan Review X Escrow for Filing Fees/Attomey Cost'
$100 CUP /SPR/VAC/VAR/WAP
$400 Minor SUB /Metes & Bounds
' 10. Subdivision TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the
Included with the application.
Twenty -six full size folded copies of the plans must be submitted. i d f'; 1;
~�\ 8'k" X 11" Reduced copy of transparency for each plan sheet. - u , ,�- .
� >5 P T ;
• NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
Escrow will be required for other applications through the development contract
1.
Comprehensive Plan Amendment
11.
Vacation of ROW /Easements
2.
Conditional Use Permit
12.
Variance
'
3. V
Interim Use Permit
13.
Wetland Alteration Permit
'
4.
Non - conforming Use Permit
14.
Zoning Appeal
5.
Planned Unit Development
15.
Zoning Ordinance Amendment
6.
Rezoning
'
7.
Sign Permits
'
Signs
8.
Sign Plan Review
Notification
9. Site Plan Review X Escrow for Filing Fees/Attomey Cost'
$100 CUP /SPR/VAC/VAR/WAP
$400 Minor SUB /Metes & Bounds
' 10. Subdivision TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the
Included with the application.
Twenty -six full size folded copies of the plans must be submitted. i d f'; 1;
~�\ 8'k" X 11" Reduced copy of transparency for each plan sheet. - u , ,�- .
� >5 P T ;
• NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
Escrow will be required for other applications through the development contract
FROM CITY OF CHANHASSEN
06.29.1993 13126 P. 3
J i �i
PROJECT NAME ,1 re f Cre - rI L .Cou r s �' vi v /► es {-o rx f 1 d i
LOCATION l0 2,S < re k y_o u d. al arjS :,. NlY 318' '
LEGAL DESCRIPT ON Se c'f r o n glv - Tw P // �CP P d ;�< /� 38 f}c r er• '
Xo AC ,n F_ ' / s; SW � . / /Q. AQ, ja
xr.; E 6 1Ppals F ,S.E. V q- .SEy —d - ex ire }f /�la /�t Coaf��r
PRESENT 20NIN(_ '
REQUESTED XO ING /) 0 r Ia n' e
PRESENT LAND SE DESIGNATION
REQUESTED LAND USE DESIGNATION NQ r &x -14.
REASON FOR TH REQUEST T Ye s 4 a - sc yr rly ro vo
This application m st be completed in full and be typewritten or clearly printed and must be accompanied by all Information
and plena requirej by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Departm nt to determine the specific ordinance and procedural requirements applicable to your application.
This is to certify th t I am making application for the described action by the City and that 1 am responsible for complying
with all City require nts with regard to this request. This application should be processed in my name and I am the party
whom the City a id contact regarding any matter pertaining to this application. 1 have attached a copy of proof of
ownership (elttror py of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the
authorized person o make this application and the fee owner has also signed this application.
1 will keep myself )nformed of the deadilnes for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc, with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best
of my knowledge.
i also understand , ,hat after the approval or granting of the permit, such permits shall be Invalid unless they are recorded
against the title to i 1h e property for which the approval /permit is granted within 120 days with the Carver County Recorder's
Office and the original document returned to City Hall Re
1-714 Slu1 e creek col / yrbcryfio.�
' -.!�0 -9S
Slo of Appiliant 6e r(d ip r fne r Date
6lgnature of Fee ner Ceneror PWtme►- Date
/
00
'
Application Received on Fee Paid /M Reoelpt No.
1]
i
The applicant should contact staff for a copy of the staff report which wltl be available on Friday prior to the
mssting. If not contacted, a copy of the report will be mailed to the applicant's address.
I
' NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
' Wednesday, September 4, 1996
at 8:30 P.M.
' City Hall Council Chambers
690 Coulter Drive
U
PROJECT: Interim Use Permit
LOCATION: Just West of Creekwood and N. of TH 212
DEVELOPER: Bluff Creek Golf Course
0
' NOTICE: You are invited to attend a public hearing about a development proposed in your
area. The applicant, Bluff Creek Golf Course, is requesting renewal of their 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.
' What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the meeting,
the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
' 4. Public hearing is closed and the Commission discusses project. The commission
will then make a recommendation to the City Council.
' Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
' someone about this project, please contact Dave at 937 -1900 ext. 123. If you choose to submit
written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
' Notice of this public hearing has been published in the Chanhassen Villager on August 22, 1996.
Joseph & LaVerne Lynch Dale & Peggy Gunderson Ann & Clara Vogel
925 Creekwood 845 Creekwood 815 Creekwood
Chaska, MN 55318 Chaska, MN 55318 Chaska, MN 55318
Spencer Boynton
777 Creekwood
Chaska, MN 55318
1
Mark Halla
770 Creekwood
Chaska, MN 55318
I -
BERT
G. &
RALDINE M.B. RENNER
220 MANDAN CIRCLE
r KA. MN 55318
JAMES E. & GAIL E. BECKER
V 91 MANDAN CIRCLE
KA, MN 55318
L tRY E. NIEMELA
2901 WASHTA BAY ROAD
t CELSIOR, MN 55331
& CL OGEL
5 C WOOD DRIVE
r KA, MN 55318
1 RY & DEBRA ANDERSON
5 CREEKWOOD DRIVE
CHASKA, MN 55318
L
GUY RONALD MUNDALE &
MARIAN H. MUNDALE
460 MANDAN CIRCLE
CHASKA, MN 55318
RICHARD T. HALVER
10271 GREAT PLAINS BLVD.
CHASKA, MN 55318
LAVEFA, A
925 C WOOD DRIVE
C MN 55318
DAVID & CLARE JOHNSON
821 CREEKWOOD DRIVE
CHASKA, MN 55318
BRUCE & TINA PAUL
10240 MANDAN CIRCLE
CHASKA, MN 55318
JAMES E. &
R. SUSAN PEDERSEN
10300 MANDAN CIRCLE
CHASKA, MN 55318
DANIEL SCHAITBERGER &
CATHERINE SCHAITBERGER
10241 MANDAN CIRCLE
CHASKA, MN 55318
DALE & PE SON
845 CWOOD DRIVE
C 41ASKA, MN 55318
SPENCER L. &
GLORIA A. N
77 EKWOOD DRIVE
CHASKA, MN 55318
JAMES & JANET SABINSKE
775 CREEKWOOD DRIVE
CHASKA, MN 55318
City Council Meeting - August 28, 1995
Councilwoman Dockendoif moved, Councilman Mason seconded to deny Variance Request #95 -7 for a dock
variance bused on the following findings:
1. The applicant has reasonable use of the property with the existing home and access to the lake.
2. The previous owner let the non - conforming dock rights expire by not maintaining the non - conforming
structure.
3. The construction of a dock on this parcel would increase the non - conformity of the lot.
4. Technically it's a self created hardship because the applicant purchased the property knowing the restriction
on it's use.
All voted in tavorand the motion carried unanimously.
REOUEST FOR INTERIM USE PERMIT FOR THE FILLING AND STABILIZATION OF AN EXISTING
RAVINE ON BLUFF CREEK GOLF COURSE. GRADING PERMIT FILE NO. 95 -4.
Public Present:
Name Address
Garv_ Anderson
725 Creckwood
Jim Sabinske
775 Creckwood
Norman T. Berglund
1025 Creckwood
Claire K Anne Vogel
815 Creckwood
Dale Gunderson
845 Creekwood
Gloria Bownton
777 Creckwood
Dave Hempel Thank you Mr. Mayor, members of the Council. We have an application submitted to the city
by the Bluff Crock Golf Course Association for an interim use permit for filling and stabilization of an existing
ravine at Bluff Creek Golf Course. Due to the size of the ravine, this project could be going on for many years
as clean fill material becomes available. The interim use permit would be reviewed and renewed annually for
compliance with the conditions of approval. This project will be restoring and enhancing the bluff line which
has been severely eroded over the past years. On August 2, 1995 this item was before the Planning
Commission. A number of residents appeared to voice their concerns for dust control, the amount of fill,
conditions of the street, hours of operation, and monitoring of the till placement. The Planning Commission
directed staff to meet with the neighbors to discuss the hours of operation and the days of the week hauling may
occur. Staff has received back numerous letters and telephone calls from the residents with their concerns
regarding hours of operations. As expected, there was no uniform or set period that would satisfy all the
residents. However bused on the survey, the responses by the telephone, it appears that no hauling should occur
on Saturdays or Sundays and the hours of operation be restricted to 8:00 a.m. to 4:00 p.m. during the week.
Another acceptable alternative would be to limit the days of hauling to 3 days a week, such as Tuesdays,
Wednesda} s and Thursdays, from 7:00 a.m. to 6:00 p.m. Another major concern was dust control. One of the
conditions that x\ere placed by the Planning Commission was that the driveway access be paved. I've been
informed by the applicant that they are proposing to go ahead with paving of the driveway prior to an}' filling
operation. And the pacing is proposed to be done in the first week or two of September, pending weather
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City Council Meeting - August 28, 1995
' conditions of course. Staff requests City Council consider two addendums to the conditions of approval by the
Planning Commission. Those conditions are number 10 and number 17. These modifications to the conditions
of approval have been made, are noted in bold type. With these changes, staff is recommending approval with
the conditions outlined in the staff report. Thank you.
' Mayor Chmiel: Good. Any questions?
Councilwoman Dockendorf: Yes. On condition number 17. I'm just trying to figure out if we get our, a mega
storm on Hallouween, will that stop the work as well?
Dave Hempel: That h%ould halt construction, given that magnitude of snow, yes.
Mayor Chmiel: Any other questions? Is the applicant here?
Norman Berglund: Yes
' Mayor Chmiel Please step forward and state your name and your address please.
Norman Berglund: My name is Norman Berglund. I'm a general partner in the Bluff Creek Golf Association. I
live... I haven't seen the conditions as proposed by Dave but I think we should go back to what the original
intent of this request is. We have a condition that's existing, a ravine that's been there for many, many years.
That's been eroding. What we want to do is maintain the existing bank plus, over a period of time. I don't
' think we're going to get a lot of fill in right away but over a period of time we'd like to start to fill that ravine
and restore the damage... top of the bluff to basically it's original condition. I assume this will take many years.
As far as the neighbors have expressed concern over when the hauling will take place. Right now our plan is,
' we're not going to buy fill. We're going to take fill as it becomes available and there may not be any available
for months and months. We don't know. But we're going to take fill as it's available and we will deposit it
accordingly to the ... set forth by the Watershed District and Mr. Hempel. But this restricting to three days a
week, what is it Monday, Wednesday or Friday, or whatever it is
Dave Hempel: Tuesday, Wednesday and Thursday.
' Norman Berglund I think that's an unreasonable restraint. We should be allowed, on Saturdays and Sundays
no problem .... but I think hie should have ... 5 days a week as the fill becomes available. If we're not, we're doing
this primarily to help our situation for drainage and it will also help the overall condition of the bluff... The
concern with us is, that's been a problem for us for years and we've been planning to pave the road. Tomorrow
morning, weather permitting, we'll start paving the driveway. So we'll put the driveway in tomorrow. However
we have a little, our concern before, on the driveway was, we put the rock in, it's been wet. It's been raining on
and off just enough to cause some difficult base conditions during the summer so we're concerned that we've got
' some weak spots in the base, and we're going to put a 2 inch mat down this fall and then we'll let it stabilize
and settle. Go through the frost cycle and then in the spring we'll check and repair the damage spots and then
go over it with a I inch wearing mat. So it will be, the dust will be abated this week. And I would request that
' we have hauling rights 5 days a week. Not Saturdays and Sundays. We don't need that. And the fill will come
in as available bans. Like I says, we may not get any at all this year. If the conditions, a lot of the projects
this year have already taken care of their excess material. So we also, is this, the term of this is for one year
' from the date of appruyal? Okay. So I \%Onld that we be given 5 days a week and this project, we're paving
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City Council Meeting - August 28, 1995
the road tomorrow. The dust problem should be solved. Will be solved and I think this filling of this, and
stabilization of this ravine over a long period of time is going to better the community. Thank you.
Mayor Chmiel: Thank you. Is there anyone else wishing to address this issue at this time? I think all the
calls that I've gotten on it, a lot of you were more concerned with getting that mat down than anything else.
Gary Anderson: I'm Gary Anderson. I'm at 725 Creekwood and I'm speaking for some of the neighborhood
there and we're happy to see that there will be a... I think that's one of our concerns Norm. One of the other
concerns would be, as far as if somebody sells their house and they look in the Minutes of this meeting
knowing that there might be dumping in that area, and how long will it take to fill this ravine to stabilize it.
That's a concern that some of the neighborhood has and knowing the quality of fill that goes into that ravine, I
think that's another issue that I think you all have in the packets there. I think the number one thing for some
of the neighbors is the flrct that...appreciate the fact that... We all understand the bluff with the erosion and the
watershed... dozen ravines just like it up and down that same ravine... I think the Vogel's grandfather, he founded
most the land in Chanhassen. I wouldn't be surprised... to fill all the ravines so our concern, the number one
concern was to have it blacktopped and if that's the case, it's up to the Council whether or not you... Whatever
you folks decide and we'll go along with it. Thank you.
Norman Berglund: Mr. Mayor?
Mayor Chmiel: Yes.
Norman Berglund Mac I make a comment. This will not be a dump. This is clean, select fill.
Mayor C'hmicl: Right, good point. Thank you Anyone else? If seeing none, we'll bring it back to Council. It
appears that most of the things have been t\orked out. The two addendums that Dave had indicated into the
proposed recommendation. Is there a motion to approve?
Councilman Senn: I have a question for staff first, if I could.
Mayor Chmiel Oka%, clarification.
Councilman Senn: David, in terms of 18. Does that basically mean that we're going to go out and do an
annual inspection of that roadway and make sure it's in good condition before we renew each year...
Dave Hempel: Mr. Mayor, members of the Council, that is correct. What we've planned on doing is actually
videotaping the surfuee of the road to document any.
Councilman Mason: That sounds pretty exciting.
Councilwoman Dockendorf: I also have a question. Will we be inspecting the fill? I mean I have 4,000 yards
of fill in my front yard and we tried to plant a tree and we run into concrete so, are we planning on making sure
it's clean fill or what control measures do we have in place?
Dave Hempel: I believe there's a condition in here that the applicant must notify the city every time that they're
going to be filling out there.
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City Council Meeting - August 28, 1995
Councilwoman Dockendorf: Do we have any intention of going out and inspecting this fill?
Dave Hempel: We \\ ill make periodic inspections out there to see if the site is being restored in accordance
with the plan. 1 believe the Watershed also will make periodic reviews.
Councilman Senn: Do you want the 5 days versus the 3 days stated?
Dave Hempel: I believe condition number 4 states the Monday thru Friday, 8:00 thru 4:00 p.m.
' Mayor ChmieL Okay. Any other questions? If not, is there a motion?
Councilman Senn: Move approval.
Councilman Mason: Second.
' Councilman Senn nwved, Councilman Mason seconded to approve Interim Use Pennit #95 -1 for Bluff Creek
Golf Cowse as shoi%n on the plans prepared by Schoell K Madsen 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
$5,000.00 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
tilling after hours.
3. The site will be subject to periodic reviews by the City and inspections to ensure compliance with the
conditions appropriate 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 or
Sundays or legal holidays.
5. Erosion control measures shall be installed prior to commencement of any filling operation. Erosion control
measures shall remain throughout the project moil 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 wo weeks from the completion of construction or no later than November 15,
1995.
' 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 concrete larger than one foot in
diameter will be permitted. All unsuitable material discovered must be removed by the applicant as direct
by the City.
' 8. The applicant shall compl ith the Riley- Purgatory -Bluff Creek Watershed District's permit.
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City Council Meeting - August 28, 1995
9. The applicant shall daily clean dirt and debris from streets that has resulted from construction wort: by the
applicant, it's 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 shall 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.
IL 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 it's officers and employees harmless from claims made by itself and
third parties for damages sustained or costs incurred resulting from permit approval or work done in
conjunction with it. The application shall indemnify the city and it's officers and employees for all costs,
damages, or expenses that the city may pay or incur in consequence of such claims, including attorney 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
it's 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 fault 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 project commencing.
15. The site shall be graded in conformance with the approved ravine restoration plan prepared by Schoell and
Madson dated .Tune 6, 1995, revised June 7, 1995.
16. Prior to commencement of the project, the access road shall be paved.
17. No work Shull occur from November 16th through May 15th.
18. City staff shall do a formal survey of the road prior to the commencement of the project and monitor road
conditions and address any necessary repairs in a timely fashion for the residents.
All Muted in fayorund the notion canied unanimously.
SITE PLAN REVIEW OF A 9.161 SO. FT. OFFICE/WAREHOUSE FACILITY ON A 1.57 ACRES LOT: LOT
2, BLOCK 1. CHANHASSEN BUSINESS CENTER 2ND ADDITION: HIGHLAND DEVELOPMENT. INC.
Kate Aanenson: Thank you Mayor, members of the City Council. This is the third business site plan review
that the Council has seen in this industrial park. The proposed building is approximately just under 10,000
square feet with a possible expansion of additional space. it's at about the same grade as the railroad tracks. I'll
let the applicant go through the design of the building itself. The Planting Commission had tabled this for
additional landscaping and the concern about the no painted stripe. The applicant has revised that and is using a
method to apple that stripe that uue believe provides the durability which we were looking for in this industrial
park. The staff is recommending approval of the project with the conditions as outlined in the staff report.
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' CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
' SEPTEMBER 4 1996
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
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 fimneled 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.
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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?
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.
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Planning Commission Meeting - September 4, 1996
Conrad: I agree with the staff report.
Mancino: Jeff.
Famiakes: 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 on 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 the m
City Council? What the hours are and all the recommendations.
Hempel: We can certainly send them a copy of the approved conditions.
what has passed
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.
Mancino: Would you accept a friendly amendment?
Peterson: Maybe.
' Mancino: A friendly amendment would be.
Conrad: I'd second Craig's motion.
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Planning Commission Meeting - September 4, 1996
Mancino: I'm so sorry. I lost my train of thought. Any discussion?
Conned: 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
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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.
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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.
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Planning Commission Meeting - September 4, 1996
18. City staff shall a copy of the conditions of approval to all residents living on Creekwood.
All voted in favor and the motion carried.
Mancino: The motion carves and will go to the City Council on?
Hempel: September 23`
Mancino: September 23 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 91h
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