6. Bluff Creek Golf Course: Interim Use PermitCITY OF
CHANBASSEN
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STAFF 'REPORT
PC DATE: 8/2/95 (p
CC DATE: 8/28/95
CASE #: 95 -1 IUP
By: D. Hempel
PROPOSAL: Restoration of an Existing Ravine on Bluff Creek Golf Course
LOCATION: Bluff Creek Golf Course - 1025 Creekwood, Chanhassen
S%, Sec. 26, T116N, R23
APPLICANT: Bluff Creek Golf Association
Norman Berglund - General Partner
1025 Creekwood
Chaska, MN 55318
PRESENT ZONING: A -2, Agricultural Estate District
ACtbn 0) City Adminletraw
ACREAGE: 193 Acres �iNs U6 ✓ �W
A1od
DENSITY: N/A �- 2
D* Submitted to CommissW
ADJACENT ZONING
AND LAND USE: N - A -2 Nt+t Submitted to Coun
S - A -2 - Hesse Farm
E - A -2 - Halla Nursery
W - A -
WATER AND SEWER: N/A
PHYSICAL CHARACTER: Generally rolling terrain (golf course). The southerly portion contains
wooded bluffs.
2000 LAND USE PLAN: Agricultural Estate
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Bluff Creek Golf Course
Interim Use Permit
Page 2
PROPOSAL /SUMMARY
The Bluff Creek Golf Course Association has submitted an application for an interim use
permit (IUP) 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 for many years as clean
fill becomes available. The IUP will be reviewed and renewed annually for compliance with
the conditions of approval. This project will be restoring and enhancing the bluff line which
has severely eroded over the past years. Staff is recommending approval of this IUP with the
conditions outlined in the report.
BACKGROUND
The golf course association has been working with the Carver County Environmental Services
and City staff in a joint cooperative effort to clean up and restore a section of Bluff Creek for
over the past year. This restoration effort included removal of junk cars, appliances, etc. from
the ravine area. A new storm sewer has also been installed to control runoff and erosion.
The applicant has acted responsibly in trying to resolve an ongoing erosion problem on their
property. The applicant has incurred a great deal of time and expense in trying to improve
the situation. Staff believes this proposal is an improvement to the property and will stabilize
the bluff zone. Staff is proposing the permit expire on November 15, 1995. This permit is to
allow the use to be permitted during the construction season.
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 general welfare of the neighborhood or the city.
Bluff Creek Golf Course
Interim Use Permit
Page 4
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 will be required to maintain
traffic flow through the neighborhood should congestion become a
problem.
Bluff Creek Golf Course
Interim Use Permit
' Page 5
' or Sundays and the hours of operation during the week should be restricted from 8:00 a.m. to
4:00 p.m. Another alternative would be to limit hauling to three days a week such as
Tuesday, Wednesday and Thursday, from 7:00 a.m. to 6:00 p.m. However, due to the
relatively short construction season and periodic delays due to rain, staff recommends the
hours of operation be Monday through Friday, 8:00 a.m. to 4:00 p.m.
' Another major concern was dust control. The Planning Commission added a condition that
the driveway shall be paved prior to any hauling activities. This condition will address the
residents concern for dust and tracking material into the street.
C
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Staff requests the City Council consider two addendums to the conditions of approval. In
condition No. 10 the language should be amended to read as follows: "The interim use
permit shall be renewed on an annual basis. The permit shall expire after one year from the
date of approval by City Council. 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." Condition No. 17 should be amended as follows: "No work shall occur during the
period of November 15 through May 15 each year." Staff has requested this change due to
the conflict between the other conditions of approval such as the site must be restored by
November 15. This would give sufficient time to complete re- seeding of the ravine. These
modifications to the conditions of approval have been made and are noted in bold type. With
these changes, staff is recommending approval with the conditions outlined in the staff report.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves 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 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.
Bluff Creek Golf Course
Interim Use Permit
Page 6
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 installed 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, 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 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 shall be renewed on an annual basis. The permit shall expire
,
one (1) year from the date of City Council approval. November 15, 1993. 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.
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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
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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
' Bluff Creek Golf Course
Interim Use Permit
' Page 7
' 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.
I 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 & Madson dated June 6, 1995, revised June 7, 1995.
' 16. Prior to commencement of the project, the access road shall be paved.
17. No work shall occur from November 16 Oeteber through May 15th.
' 18. City Y staff 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."
' ATTACHMENTS
1. Ravine restoration plan prepared by Schoell & Madson, dated June 6, 1995, revised
June 7, 1995.
2. Public Hearing Notice.
3. Permit Application.
4. Planning Commission minutes dated August 2, 1995.
5. Affidavit of mailing letter to residents in the area and resident responses.
' 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
g: \plan \bg \biuffcr.i up
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Planning Commission Meeting - August 2, 1995 '
3. The alleged difficulty or hardship appears to be self- created, because the applicant could
have reduced the overall height of the sign while maintaining the same size area. '
All voted in favor, except Ron Nutting who opposed, and the motion carried with a vote of 5
to 1. '
Mancino: And could you please state your reasons.
Nutting: I think as I indicated in m comments, I think I would vote for a variance. I think '
Y
that's the issue. The criteria are one thing. What makes sense in terms of the scale of the
project is just the way I feel. '
Mancino: Okay, thank you very much. Does not pass. When does this go to City Council? '
Rask: Actually it's going first City Council this month on the 12th. So it'd be at the very
next one. '
Mancino: Okay, thank you. So please go ahead to City Council.
PUBLIC HEARING:
BLUFF CREEK GOLF COURSE HAS SUBMITTED AN APPLICATION FOR 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 WILL BE REVIEWED ANNUALLY.
Public Present:
'
Name
Address
'
Jim Sabinske
775 Creekwood
Gary Anderson
725 Creekwood
Dale Gunderson
845 Creekwood
'
Gloria & Spencer Boynton
777 Creekwood
Claire & Anne Vogel
815 Creekwood
LaVi & Mike Lynch
'
Dave Hempel presented the staff report on this item.
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Planning ommission Meeting - August 2, 1995
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Mancino: Any questions for staff at this time? Does the applicant wish to come up and
' make their presentation?
Norm Berglund: I'll make just a few comments. I'm Norm Berglund, General Partner in
' Bluff Creek Golf Course. As explained by Mr. Hempel, we have this very large ravine.
What it says here is the golf course is on your left looking towards Shakopee. It's been there
' obviously for thousands of years and last fall we cleaned up a lot of cars and miscellaneous
junk that had been dumped in there. Now this will be clearly... and what we'd like to do.
What's happening, the soil conditions are such that about 20 to 30 feet below the surface, you
' have about a foot and a half to 2 feet of sandy soil. Basically it's clay before that. So you
have the sandy soil and you get the ground water percolating up through which saturates that
sandy soil and that runs horizontally out, which results in a lack of support. You get chunks
' that break off that are 10 -15 feet back into the mountain, or hill. So ... what we'd like to do is
bring in clean fill on an ongoing basis and stabilize things and save some very, very nice
trees. These are ... I think it would be a great advantage and a way to improve ... so many yards
' required and our thought is that the amount of activity going on ... in the Chanhassen area, that
to get fill ... so we'd like to set the stage for this could go on for a number of years. It will
result in the stabilization of the bluff and general enhancement of the beauty of the area,
because it really is beautiful. So we appreciate your consideration of this opportunity. Any
questions?
Mancino: Thank you very much. May I have a motion to open for a public hearing please?
Meyer moved, Nutting seconded to open the public healing. All voted in favor and the
I motion carried. The public herring was opened.
Mancino: This is open for a public hearing. Does anyone wish to come up and speak on this
' issue?
J
Dale Gunderson: My name's Dale Gunderson. I'm from 845 Creekwood, which is right next
door to the Winton property which is right next door to the ravine they're talking about. I
know Norm and ... real nice. I think this plan is a good plan. There are some things that I'm
concerned about is the yardage of this thing and the tonnage that is being brought into this
neighborhood. I'm very close to the road there and..big project that's been going on out there.
My question to you Norm is when are they going to put bituminous down or is it going to
remain gravel?
Norm Berglund: Well we're going to, on the parking lot done early this fall. The driveway,
because they've been doing this for a month and it rains about every third day ... so we're going
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Planning Commission Meeting - August 2, 1995
to let the base materials settle over the winter and stabilize and put bituminous in in the
spring. On the driveway.
Dale Gunderson: Okay. And then they will start, if they give you your interim permit for
filling.
Norm Berglund: Oh it starts as soon as we can.
Dale Gunderson: And I'm just really concerned because of the project, what has happened in
just the creation of bringing in the new road. I'm 50 feet off of this thing and I'm really close
to it. When they have the equipment coming through, our whole house is rattling and I'm on
a point that's built there and I have a ravine between me and Lynch's and I have a ravine
between me and the house on the east. Just from the equipment that's come in to do the road,
my whole house is shaking and I'm worried about the erosion and problems that I could have
by having continuous truck traffic on gravel roads.
Norm Berglund: You'll never get a situation where you have continuous truck traffic. We
brought in a lot of rock earlier but we were hauling in, normally when you get ... let's say free
fill, it's a load now and again. It's not steady. But I can't guarantee that.
Mancino: Dave, can you give us any thoughts on that and the continual shaking of Mr.
Gunderson's home?
Hempel: I'm not sure of the foundation that Mr. Gunderson's home on but it's not that
uncommon for construction traffic to rattle the china in the cabinets as heavy equipment goes
by. That's certainly not that uncommon. A remedy to that? I'm not sure other than maybe
trying to slow traffic down adjacent to homesites to minimize the disruption and the
vibrations.
Mancino: And maybe there's a plan that can be worked out to figure out how to take care of
this.
Dale Gunderson: Well my problem is just the gravel that's in there, when they're running on
that, I mean that is like unbelievable and if there's bituminous in there and they're coming in
occasionally, at least they're getting a smooth ride in. And I'm deadly serious about this
erosion problem. That valley out there has several spots like what you're talking about in this
plan and it's not an unusual thing for erosion to happen. Several of the ravines have been
filled 2 or 3 times in the 10 years that I've lived there. And I'm just really concerned that I
don't end up being a victim down on the ravine because of a construction project that's
ongoing for years and years and years. I want to voice my concerns on that and make it part
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Planning Commission Meeting - August 2, 1995
of the record. The key issue is the pavement of the road and when it happens. The
maintenance of the road. I've read through the plans here. I had a question about November
15th. I saw in the findings here that that's when the permit will expire. Am I correct when
I'm talking that here?
Mancino: Yes, you are.
Dale Gunderson: When that expires, are you shutting down for the winter?
Hempel: We will file a permit extension.
Dale Gunderson: Then it will be an ongoing situation and even through the winter they'll be
bringing fill in?
Mancino: Yes, and I have some questions about that too, which the commission will address
a little later. So that will come up. As far as how much hauling there will be during the
winter, etc. Do you have any comments on item, there's a recommendation about the hours
of operation should be 7:00 a.m. to 7:00 p.m., Monday thru Friday and 9:00 to 5:00 on
Saturdays.
Dale Gunderson: Well my comments to that situation, I know they've got a big job to do
that's going to take many, many years but I would just as soon not listen to the equipment
after I work all day and come home and have to listen to that. Saturdays are a situation
that's, you know I'm open. But it's still a situation where it's evoking on free time that I
might be enjoying without having semi's going by. The 7:00 to 7:00 I think is too on And
who will be checking the clean fill that's coming in this thing? And how do we verify what's
going on.
Mancino: David, who would be?
Hempel: City staff members will make periodic reviews on the site as we're summoned by
the applicant that hauling operations will commence. The Watershed District has also issued
a permit for this operation and they will periodically make inspections on the site as well.
There will not be anybody on site on a full time basis to monitor the filling activities.
Mancino: Thank you.
Dale Gunderson: So if I have problems and this is approved and I have problems, who do I
get in touch with? I'm sitting in a pretty different spot there. I'm right in the middle of it and
that's my concern. The road has always been a concern for a million years because of the
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Planning Commission Meeting - August 2, 1995
dust. Obviously we're all looking forward to bituminous and that's a great benefit to look
forward to ... bituminous down before all this starts, it will be worse than ever with only Class
V being there. It's just phenomenal the dust problem out there.
Mancino: Well I'm going to take the liberty of saying if you have some problems, you can
call City Hall and talk to Mr. Hempel here.
Dale Gunderson: Well those are my concerns and I just wanted to get them on record.
Thanks.
Mancino: Terrific.
Gary Anderson: You met my neighbors. Gary Anderson, 725 Creekwood and I have
concerns about the whole project in general. I'm the first house on Creekwood and I look at
this program as how many years will you be hauling into this site? Is this a 10 year project?
Is this where I moved into a construction zone... The staff says it's going to improve my
quality of the price of my home. I can't see where those trucks are going to improve the
quality and price of my home. I look at the clean fill issue. We all have private wells out
there. It's going to be free fill. Who's to say what can be dumped into that ravine? I don't
think anybody here can tell us what's going to be dumped in that ravine. Besides that, it's
going to be free. With private wells, I'm going to have the well tested prior to this activity
starting. I have a real concern about what's going to be put into the ravine. It may be just
but who knows. I look at 193 acre golf course. I can't see where there wouldn't be an
opportunity to come across the golf course at some point instead of utilizing Creekwood and
coming across the golf course and then filling in that ravine. I look at the, we paid for that,
10 years ago we paid, the neighborhood paid to have that road blacktopped out of our pocket,
with Mr. Berglund and the golf course, and the ravine that was filled there, I would say about
a month ago, took a toll because of the trucks on that road. Mr. Hempel was out there I
believe he's going to videotape that road. If you see the destruction that those trucks have
done to that road, I had to pay $500.00 out of my own pocket. It isn't a lot to you folks but
it's a lot to me. The other thing is that I don't have air conditioning. I have hot water, base
board heat so it's very costly to put air conditioning in so I have to, in the last 2 weeks with
the trucks being rolled through there now to upgrade the road, which I think is an excellent
project and I think it's ... to the west of me. But the traffic, the truck traffic and the dust that's
created from those trucks is unbearable. I look at the whole size of Creekwood, which is
only 20 feet wide. It doesn't allow for a truck and car to drive past safely. I look at the
approach from TH 101 and I think that the Planning Commission has looked at that Halla
Nursery project and the off and getting on to TH 101 is a real problem. I look at the
sweeping of, who's going to sweep it after they came out. I can't believe that we're going to
continue to have trucks rolling in year after year. I think we need to really look at the
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' Planning Commission Meeting - August 2, 1995
program. I talked to Dave Hempel here the other day in regards to this issue. I mentioned
' about who's going to be, the staff report mentioned nothing about who's going to be
monitoring ... A ravine is a ravine but sometimes ... in order to dump that fill in there, what's
going to hold that fill in that ravine? That fill to me is going to, once you dump it in there,
' it's going to slide right down the hill and I can't see dumping 150 yards of fill in there at one
time. What's going to hold that fill? It's just going to keep it ... so I think as you walk around
the golf course and you see all the ravines that are out there. I know that what we're trying
' to do with the watershed and $5.00 that we spend, pay to the city every month ... that's close to
2,500 truck loads going up and down that's gradually going to, unlike 50 yards... so I have
some concerns about the road and I'd like to have the Planning Commission come out there to
Creekwood and see, to actually see what we're dealing with there. We have the traffic from
the golf course right now and I think that relationship and the number of cars that are going
' down Creekwood right now, I would say in excess of 150 to 400 cars a day and I don't know
of too many residential streets in the city of Chanhassen that has that many cars. We did a
study here I believe 8 or 9 years ago telling them that road really has been ... I invite the
Planning Commission to come out and take a look at the site before making a decision and
listen to the neighbors. I think a lot of the neighbors are here and I think that yes, I think
Norm is doing, I mean he's trying to do the right thing. There could be other ways. Maybe
' coming onto the 193 acres of the golf course with dump trucks. Establishing construction
roads through the golf course and bringing the trucks in there. I don't know but I'm trying to
think of some suggestions...
Mancino: Thank you for your comments. Anyone else? Seeing none, may I have a motion
to close the public hearing.
' Nutting moved, Farniakes seconded to close the public healing. All voted in favor and the
motion carried. The public healing was closed.
' Mancino: Comments from commissioners. Questions and comments that you may have. I
think that Mr. Anderson brought up a lot of good questions and good discussion items.
Audience: We can't hear anything.
' Mancino: Thank you. I'll try and be louder. Is that better?
Audience: That's better. Now we can hear.
Mancino: Actually I should probably stand up so it all comes out. Okay, this is fun. Bob.
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Planning Commission Meeting - August 2, 1995
Skubic: I have a question... that would be regarding the letter of credit. It states here, it says
to maintain erosion control, site restoration and street cleaning. Will that amount be adequate
for street repair or the complete project if they default? Is there something in addition to
that?
Hempel: The cost for security that I've placed in the conditions of approval is for site
restoration, dust control, erosion control, fencing on the property and would not be for
substantial repairs to the road. Typically when you get truck traffic hauling like that, you'll
discover bad spots in the road where it will alligator or break up and have potholes. Most of
the time it wouldn't be the entire roadway that would need to be replaced. It'd be certain
spots in the road that would need repairs. I was just checking to see if there's a condition in
here that would cover additional claims for like street repair and so forth. That certainly
could be added if it's not found in the conditions.
Mancino: And what could be added, not only who covers the cost but who decides when the
repair should take place. At what point is the road worthy of repair?
Hempel: You would see the visual damage effects from the truck traffic by potholes or
alligatoring the surface with numerous cracks and so forth.
Norm Berglund: Mr. Hempel, if we're going to do that, then we should have a film survey of
what the road conditions are before we start...
Hempel: That's one of the things that I indicated to Mr. Anderson in a telephone
conversation. That the city could videotape the surface of Creekwood Drive at this time
before the hauling activities commence and use that as a benchmark for any road damage
resulting from the truck hauling activities.
Mancino: Good idea, thank you. Go ahead Bob.
Skubic: Thank you. First off I wonder about filling in ... result of natural conditions over
1,200 years. Providing surrounding development is influencing it. I'm not sure if you do
these sorts of things. At one time we filled the wetlands. Now we're creating them. If
there's some value to these bluffs. I don't know. But I think staff did a good job outlining
the planning here ... we have some financial guarantees ... a number of checks and balances in
there to assure that this can work...
Mancino: Craig.
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Planning ommission Meeting - August 2, 1995
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Peterson: Dave, I guess keying on previous questions. What is the long term ramifications of
not filling it? Obviously it would get more degregation but I mean, is this a never ending
process? I mean every time you're going to get a major rain or a storm, will we get to a
point where we're going to say, it's full and it's not going to degregate any farther. Is that the
' case or not?
Hempel: We believe so. The city is undergoing a ravine restoration project for the last 10
years or so down there south of Mr. Halla's and this year we've done I believe a job that
hopefully will take hold by extending, one of the major contributors to the erosion out there is
the surface water runoff. For not properly handling that. That's gouging in there and
contributing to it. Opening up this vein of sand where the water table, there's more seepage
and just magnifies the problem. By covering that, restoring that bluff line and controlling the
surface water so it doesn't have the capability of creating that gouge to start this erosion
problem, really delays or in most cases, ends the ravine process through the property. The
ravine here has gotten, in the past, very close to their driveway. Continual erosion would lose
the driveway but now the golf course association has put in a new driveway which pushes the
driveway further back from the ravine which will help but with nothing being done over time
here, it's subject to further erosion into the golf course property.
Peterson: Further to that, I assume that there are no other alternatives as far as entrance with
the trucks logically or financially would be acceptable.
Hempel: I'm not aware of any. I guess I did not look in depth here to it other than across
one of the fairways or something out there from Pioneer Trail.
Peterson: Well I mean based upon those comments, I'm comfortable approving staffs
recommendation. I would like to add on that, I do believe that 7:00 p.m. is a bit late. I
guess it'd be my preference also to come home and have some kind of quiet, at least during
the evenings, so I'd like to see that changed to an earlier time. I throw out 6:00 p.m. as a
possibility. I'm open for discussions certainly so approval with that exception.
Mancino: Thank you. Ron.
' Nutting: Just to echo the previous comments. I think in addition to the hours of operation, I
would also throw out 6:00 p.m. unless the neighbors happen to be getting home at 5:00
routinely, I could be swayed to 5:00. I would perhaps leave that as perhaps that's appropriate
' that we amend in the motion, or if we permit staff to work out that time with the neighbors.
I would also delete Saturdays from the hours of operation. And I guess getting to the issue of
' the road repair and the responsibility for the repair, should it, I guess I would be in favor of
city staff taking a survey of the road prior to the fill activity commencing and being able to
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Planning Commission Meeting - August 2, 1995
monitor that, for those individual who have put their own money into this road. To having
some remedy. I don't know that that would impact or suggest a change in the letter of credit
or cash escrow but I would leave that to city staff to work out. You know, the fill is going to
come in when it's available. I think we all agree that there's a lot of construction that's going
to be occurring in the foreseeable future. It could be that the trucks come in twice a week or
it could be they come in daily, 2 or 3 a day and I can see where that can be a strain and
potential problem to the surrounding landowners. I'm not sure if there's any way to control
that or if you limit the number of trucks per day or whatever. I mean if the fill's there, it's
going to be there and I don't know that you can get it to stay on site where it's coming from
to work... I really wouldn't want to see, I wouldn't want to be living there if I had a non -stop
parade of trucks coming down the road for the next two summers with all the activity. So
I'm not hearing anybody say it's not a worthwhile project. You know both the applicant and
the neighbors who have spoken. It's just, how do we control the impact on them during the
course of that. That's really where my concern is so I'm in favor of staffs recommendation. I
would change the hours, as I indicated and put in a condition regarding a survey of the road.
I would be open, if someone had a constructive way of addressing the limiting the amount of
truck traffic on any given day or period of time.
Mancino: Thank you. Mike.
Meyer: I don't really think I have anything additional to say. I really agree with just about
everything that Ron just said and no use saying it again but...
Mancino: A little louder.
Meyer: I agree with what Ron said. That's all I really have to say.
Mancino: Jeff.
Farmakes: I think it's reasonable that the citizens that live along the road have the
opportunity to enjoy their home. I think maybe perhaps better than leave it open ended,
because it's such a long construction project. It probably will go on for quite some time.
That we limit the amount of trips that go up and down that road on any given month. I don't
think it should be open ended the way it is here. Granted fill does come up on an irregular
basis but again, if it happens during business hours, I think it's reasonable that somebody
should have the opportunity to enjoy their home more than 10 days a month so I think we
should limit that so that they know in a given month that it's going to happen this much and
no more than that. Or total trips. If the road is improved, it would be the following spring I
believe I heard the possibility of the road being improved. If there's a substantial
improvement to the neighbors homes, as far as the rattling and so on, perhaps you can relook
18
' Plannin g Commission Meeting - August 2, 1995
at that at the time of the application for renewal. I certainly agree on the Saturday issue. I
' would limit it to during business hours when people are at work. I don't know whether the
neighbors are away from the home while they're at work. We have spouses who are at home,
or children. I don't know what the particulars are but I do think it's reasonable that someone
' who lives in Chanhassen, we all have to put up with construction inconveniences because of
the city that we're living in, but I don't think it should be interminable. I don't think it should
go on forever and that they should know what the limit is, and that it's reasonable that they
' can enjoy their property. So that would be 4 under the recommendations, which has the
timing and the days. I'm not sure what could be worked out there so I'm not, I'm a little
t adverse to come across and say that, make a specific recommendation. Perhaps the city
engineering department could get back to us and the neighbors could have a discussion on
that issue of what would be an acceptable amount and what would be in the realm of reality
' to getting the project done. The quality of the fill, I believe the city has an established
criteria for that as to how it will be placed in the ravine. I believe the city also has
established criteria for that. It is true that it is up to the applicant to follow through with the
' rules. The city does check. As we have all this construction going on, I think you saw in the
previous applicant's situation, the rules do get, there are mistakes made and so on. The city's
certainly making every effort to enforce the ordinances and rules. As I said, there are criteria
' established for putting in fill next to the creek or any water body and if you have any
questions in that regard, please ask city staff to go over that with you. I'm not sure at this
point, I think this is a viable project and I would be happy to entertain sending it forward
' with those proviso's or putting it on hold until we can get answers to that. Come up with
something there. I'm not sure that I feel qualified to come up with something that's workable
at this point, based on there's still discussion between the neighbors here in the forum with
' the applicant. Maybe there's some discussion yet to take place.
Mancino: Yeah, Dave can you help us with that as far as trying to set some sort of a limit or
' more or less a defined time. Not just in hours but how many days that this can happen
during a month. How many truck loads.
' Hempel: I can touch on that, sure Madam Chair. When you do that, when you limit it to
100 truckloads a day, who's going to be standing out there counting these trucks?
Mancino: The neighbors.
Hempel: The neighbors will definitely and I will hear from them, believe me. I'm just
' wondering if, because the construction season is basically pretty short during the summertime.
Rain plays a major role in hauling activities and construction in general. I'm just wondering
if maybe we narrowed up the days of operation to 3 days out of the week. 4 days out of the
week.
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Planning Commission Meeting - August 2, 1995
Mancino: That might.
Hempel: To still give them the chance. I mean they can plan accordingly to haul the fill
material to the site. I mean they don't need to have it there that day. They can plan a week
in advance. So maybe limiting it to Tuesday thru Thursday. If that would satisfy the
neighborhood and one other comment. We did previously issue a permit to the golf course
for the grading and paving of the driveway. It was my belief that the driveway was going to
be paved yet this year. That can be another consideration.
Mancino: So, prior to commencement of the operation, and that could be one of our
recommendations to make sure that that is done. And we could also recommend that city
staff and neighbors meet with Mr. Berglund to talk about the hours of operation or that we
make a suggestion here as a recommendation. My other question is, excuse me just one
second please. It says in the, Mr. Berglund's letter that we will take fill as it becomes
available, which could be any time of the year, during normal working hours. So Dave, could
you help me with that. So that's saying that summer, winter, spring or fall, this operation
could be going on.
Hempel: That's correct. I'm a little concerned too during the winter time because of freezing
conditions and that. It may be difficult to try and get the compaction on the slope that you
would want to have to prevent the sliding of the material in the spring once it thaws.
Generally there's not much construction activity during the winter time. It shuts down for the
winter time.
Mancino: Then maybe we can put months around this and days of the week to have some
parameters. On number 4 of your recommendation it says, all disturbed areas as a result of
this construction must be restored with seed and disc mulch, sod or wood fiber blanket within
2 weeks from the completion of construction. Now what does that mean? Does that mean
that when you make the dumps, that has to be done? I mean when they come let's say for 2
weeks they're going to keep coming 3 days that week and 3 days the next week. They have
to put, they have to restore it within 2 weeks?
Hempel: The condition here was to mean that November 1 everything had to be seeded and
disc mulched. The watershed district had a condition in their permit that required as they fill
10 feet vertically, that bottom 10 foot area had to be restored with seed and mulch. And I did
attach a condition that they shall comply with the Watershed District permit so it's, the
minimum, every 10 feet of fill they bring in from the bottom up, they have to restore that
with seed.
Mancino: Within 2 weeks of when it's up there?
20
Planning Commission Meeting - August 2, 1995
Hempel: Once it's in place. Once it's in place. And their condition here that says by
' November 1st. That's if they have not achieved that 10 foot level yet. At November 1st,
they need to shape the site and seed and mulch.
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Mancino: Well so what happens if they don't have 10 feet, they only bring it up to 6 feet and
they do that in August. Don't they have to re -seed it within 2 weeks or can they wait until
November, because by that time it all could have eroded out again.
Hempel: There will be erosion control measures in place downstream. Type III erosion
control fence to minimize that.
Mancino: Okay. And are the calculations that I think it was Mr. Anderson suggested, or as
many truckloads as 2,500. I mean I don't know if you've done any calculations as to how
many truckloads it will actually be.
Hempel: I've done a rough estimate based on the proposed grading plan and I've estimated
close to 40,000 cubic yards of material to complete the restoration of that ravine. To bring it
back up to match the bluff line. And based on an average of 10 to 12 yards per tandem
dump truck, that's 4,000 truck routes to do that. That's over an extended period though.
Annually, I suspect to see anywhere from 5,000 to 10,000 yards of material a year, which
would be 500 to 1,000 truck trips on the street. Based on how construction is currently in the
city. It's also possible if, I mean we have a site right next door here that has 30,000 yards
sitting on it right now. West of the Byerly's site that is available. So there are places that
have a large magnitude of dirt that could be moved in a short period of time to accomplish
the filling that they're so seeking.
Mancino: Once this, if it does go further and there are some parameters around hours of
operation, how many days, months, etc. When it comes back after a year from, how do the
residents, will it come back to a public hearing so that after a year and everybody's evaluating
it, that all the parties who are interested can get together and have a discussion to say, you
know this didn't work, this did work, etc.?
Hempel: We would re- notify all the residents of the renewal process. I believe it'd be
another public hearing. Correct me if I'm wrong Bob. Are you aware of the procedure?
Generous: Now the way it's established in here. It would be, there would be notice through
an advertisement in the paper as part of the City Council agenda.
Mancino: And on the City Council agenda, would that be a public hearing?
21
Planning Commission Meeting - August 2, 1995
Generous: Council doesn't hold public hearings but they do open them to the public for
public input. The Planning Commission has the public hearings.
Mancino: Thank you. Because I would want to make sure that on the renewal date, that
those interested parties can speak to the Planning Commission or the City Council publicly.
And go over it. I do, being a resident who has a lot of development happening near where I
live, I understand the neighbor's concerns about hours of operation and so I do agree with the
7:00 to 6:00 p.m. and no Saturday work. And otherwise, I think with some good parameters
in place for the neighbors and to keep their lifestyle and where they live, and to get the ravine
filled, if we can do it and do it well, I'm in favor of it. Do I have a motion?
Norm Berglund: Excuse me, Madam Chairman. May I make a statement?
Mancino: Yes you may. Could you come up to the podium.
Norm Berglund: Mr. Hempel commented that he thought the, Mr. Hempel commented he
thought the driveway would be put in this fall. That may or may not happen because we're
concerned about the compaction of the subgrade material. This last month it's been raining
about every third day. Just enough to wet it so I think the driveway will not go in this fall,
but in the spring so just so we clarify that.
Mancino: Okay. And Dave, how do you think that will affect, if the driveway does not go
in?
Hempel: It will be a source for a dust problem that will require daily watering of the
driveway to limit dust. It's possible the tracking of additional material onto the paved portion
of Creekwood Drive as a result of being a gravel driveway.
Mancino: Would it be your recommendation then to wait and to start this in the spring once
the driveway is paved?
Hempel: I guess there's the applicant's choice whether he'd want to maintain the dust control
and the cleaning of the streets as a result of tracking material, without having to pave the
street. Pave the driveway. I would think that he, that they would want to have the street
paved to minimize that because it is a lot of work. It does require a water truck. It's a
substantial length of driveway to water. And also to clean the city streets.
Mancino: Okay. Thank you. Do I have a motion?
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Planning Commission Meeting - August 2, 1995
Farmakes: I'll make a motion. The Planning Commission recommends approval of Interim
Use Permit.
Audience: Can't hear.
Farmakes: I recommend that the Planning Commission recommend approval of the Interim
Use Permit #95 -1 for Bluff Creek Course as shown on plans prepared by Schoell and Madsen
dated June 6, 1995, revised June 7th, 1995, received June 29th, 1995 and subject to the
following conditions. I would modify 4. To read the hours of operation shall be 7:00 a.m. to
6:00 p.m., Tuesday thru Thursday, and that no work be done on Saturdays or Sundays or
legal holidays. I would add on 7. The fill shall be placed in accordance with city ordinances.
And I'm wondering, entertain a motion on the issue of paving access. I think perhaps we
should make that a requirement and send that up to the City Council. See what they want to
do with that.
Mancino: So you want to add that as number 16?
Farmakes: Yes. Prior to any work being done, that the access road be paved. It seems to
be a central issue to this.
Mancino: Do I have a second?
Meyer: I'll second it.
Mancino: Discussion.
Peterson: Dave, if we limit it to Tuesday to Thursday, your best guess, would that, could that
substantially lengthen the time that this process goes on or is it?
Hempel: During the period where the fill material's available, it's a large substantial amount,
' yes because generally they would haul it in a week or 2 week period and be done hauling.
By making it Tuesday thru Thursday would drag it out obviously for 4 weeks.
' Peterson: I guess I'm, with that part of the motion, a little uncomfortable that if I was a
resident, I may want to get it over with versus having a few days of more quiet. To get it
over with during the week and have the weekends and nights free. Again, I'm speaking on
' behalf of the people that are in the audience that I'm comfortable doing, but if it were I, I
would rather get it done Monday through Friday when it's available to get it done faster over,
' it may lengthen it by another year.
1 23
Planning Commission Meeting - August 2, 1995
Farmakes: I would change the motion to read, actually whatever the individuals in the room
here would like it to read in issues in that regard.
Mancino: I'm not sure we'll get a consensus so let's put something in and they can talk to
City Council. They can come to the City Council meeting and ask for.
Farmakes: We could do that or send it up as a choice in regards to what the neighbor's
preferences are.
Nutting: Is that just direct staff Madam Chair, or are we saying we'll put in actual, we'll
either recommend Tuesday through Thursday or Monday through Friday and then let them.
Mancino: Well I think that first Craig should make a friendly amendment, if he'd like to on
number 4 and that Jeff can say yes and then let's hear what the friendly amendment and
number 4 actually says. So do you want to please do that formally?
Peterson: Yeah, to that end I guess I would like to have staff make a formal recommendation
upon getting feedback from the residents as to what the appropriate number of days would be
to have as hours of operation and appropriate number of days during the week for activities.
Farmakes: That would be acceptable.
Mancino: Okay, thank you. Any other discussion or friendly amendments? Can I make a
friendly amendment? I would like to make a friendly amendment and that is that, the hauling
and the work, that the work being done can happen April through October. Those months
and not November through March. And there is, and I don't know if you accept that friendly
amendment.
Farmakes: I accept that. I believe that there's some limitations with county roads that extend
until May I believe. You may want to check on that or ask the city staff.
Mancino: Dave, what are the correct months that you can have so much tonnage on the roads
with the thaw, etc?
Hempel: Road restrictions usually go into place approximately the first week of April and
last through May 15th.
Mancino: Okay. So then it would be May 15th through October? Thank you. And I know
that there was also discussion on street repair. As far as, was it on Creekwood?
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Planning Commission Meeting - August 2, 1995
Nutting: Yeah. I think that was. I guess I would offer a friendly amendment on that point.
' That city staff 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.
Farmakes: That would be fine.
' Mancino: Good. Do we have a second to the motion?
' Meyer: Second.
Farmakes moved, Meyer seconded that the Planning Commission recommends approval of
' Inte6m Use Permit 995 -1 for Bluff Creek Golf Course as shown on the plans prepared by
Schoell and 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 $5,000.00 to guarantee maintenance of erosion control, site restoration
' and street cleaning. The financial guarantee shall be released upon completion of the
project.
I 2. The applicant shall fence the top of slope area for safety purposes and to
discourage /prohibit unauthorized filling after hours.
I 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. Direct staff to make a formal recommendation upon getting feedback from the residents
as to what the appi-opiiate number of days would be to have as hours of operation and
appsiopiiate number of days dwing the week for activities.
5. Erosion control measures shall be installed 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 1, 1995.
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Planning Commission Meeting - August 2, 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. Fill shall be placed
in accoiYiance with city oixiinances.
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, 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
November 15, 1995. 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 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 I
project commencing.
26 1
Planning Commission Meeting - August 2, 1995
15. The site shall be graded in conformance with the approved ravine restoration plan
prepared by Schoell and Madson dated June 6, 1995, revised June 7, 1995.
16. Prior to commencement of the project, the access road shall be paved.
' 17. No work shall occur from the months of October through May 15th.
1 18. That city staff 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 voted in favor mid the motion carried.
' Mancino: When does this go in front of the City Council?
Hempel: It's proposed to go before the Council on August 14th.
Mancino: Okay, and the motion kind of stipulates that you get together with the neighbors to
' discuss with the neighbors hours of operation, days of the week. Thank you very much and
thank you for coming.
PUBLIC HEARING:
SITE PLAN REVIEW OF A 9,161 SQUARE FOOT OFFICE/WAREHOUSE FACILIT ON
' A 1.57 ACRE LOT, PROPERTY ZONED PUD, PLANNED UNIT DEVELOPMENT
INDUSTRIAL, LOCATED ON LOT 2, BLOCK 1, CHANHASS_EN BUSINESS CENTER
2ND ADDITION, HIGHLAND DEVELOPMENT INC.
Bob Generous presented the staff report on this item.
' Mancino: Thank you Bob. Any questions for staff? Bob, have you had time to review the
new architectural enhancements from the building?
' .Generous: We've only discussed it on the phone. Basically their result is a lot like the
Powers Systems building where he went with the, he was discussing using a banding. A
painted band in the blue color.
Mancino: And that's it?
' Generous: Well I don't know exactly what he's.
1 27
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath
deposes that she is and was on '..� (( L 19
the duly qualified and acting Deputy Clerk of the City of Chan-
hassen, Minnesota;
that on said date she caused to be mailed
a copy of the attached notice of
to the persons named on attached Exhibit "A ", by enclosing a copy
of said notice in an envelope addressed to such owner, and
'
depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the
names and addresses of such owners were those appearing as such
'
by the records of the County Treasurer, Carver County, Minnesota,
and by other appropriate records.
'
/
rX
Subscribed and swoXi;L to
befor me th's _ day
of
19��
Notary Public
1 eY a dt, Deputy Clerk I
,.'^'^ VICTORIA E. CHURCHILL
.3.� NOTARY PUBUC - MINNESOTA
CARVER COUNTY
r
August 3, 1995
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Re: Proposed Construction Hours for Restoration of Ravine on Bluff Creek Golf Course
File No. 95 -4 Grading Permit
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Dear Resident:
As a result of the Planning Commission meeting on August 2, 1995 staff was directed to contact
the neighborhood residents and inquire as to your preference for the operation in the filling of
the ravine on the Bluff Creek Golf Course property. It has been suggested that work hours be
limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, or even possibly Tuesday through
Thursday only. I would appreciate written comments back with your preference of the hours of
operation. It may also be nice if the neighborhood would get together to discuss this issue so
that we would have some general consensus on your preference. Please return your requests to
me by August 18, 1995 in order for me to prepare a staff report for the August 28, 1995 City
Council meeting. For you residents that attended the Planning Commission meeting I had
indicated that this item was going before the City Council on August 14, 1995. However, due
to the full agenda of that meeting it has been pushed back to the August 28, 1995 City Council
meeting. Should you have any questions in this matter, please feel free to contact me. I look
forward to your responses.
Sincerely, �I� iDv -
CITY OF CHANHASSEN
David C. Hempel ✓ ��
Assistant City Engineer
1014 L I
DCH:ktm
c: Charles Folch, Director of Public Works
Kate Aanenson, Planning Director
Mr. Norm Berglund, Bluff Creek Golf Association
g:\eng\dave\Iette rs\blu CF.Itr
�'ry /
kf
5�
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
August 3, 1995
Re: Proposed Construction Hours for Restoration of Ravine on Bluff Creek Golf Course
File No. 95 -4 Grading Permit
Dear Resident:
As a result of the Planning Commission meeting on August 2, 1995 staff was directed to contact
the neighborhood residents and inquire as to your preference for the operation in the filling of
the ravine on the Bluff Creek Golf Course property. It has been suggested that work hours be
limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, or even possibly Tuesday through
Thursday only. I would appreciate written comments back with your preference of the hours of
operation. It may also be nice if the neighborhood would get together to discuss this issue so
that we would have some general consensus on your preference. Please return your requests to
me by August 18, 1995 in order for me to prepare a`staff report for the August 28, 1995 City
Council meeting. For you residents that attended the Planning Commission meeting I had
indicated that this item was going before the City Council on August 14, 1995. However, due
to the full agenda of that meeting it has been pushed back to the August 28, 1995 City Council
meeting. Should you have any questions in this matter, please feel free to contact me. I look
forward to your responses.
Sincerely,
CITY OF CHANHASSEN`
4 �
David C. Hempel
Assistant City Engineer
DCH:ktm
c: Charles Folch, Director of Public Works
Kate Aanenson, Planning Director
Mr. Norm Berglund, Bluff Creek Golf Association
g. \eng\JaveVe tte rs\blu ff. Itr
I .. .
BERT G. & GUY RONALD MUNDALE &
RALDINE M.B. RENNER MARIAN H. MUNDALE
10220 MANDAN CIRCLE 460 MANDAN CIRCLE
I ASKA, MN 55318 CHASKA, MN 55318
JAMES E. & GAIL E. BECKER
1 91 MANDAN CIRCLE
ASKA, MN 55318
J ARRY E. NIEMELA
t WASHTA BAY ROAD
Cl ELSIOR, MN 55331
t NE & CLARA VOGEL
815 CREEKWOOD DRIVE
ASKA, MN 55318
RICHARD T. HALVER
10271 GREAT PLAINS BLVD
CHASKA, MN 55318
LAVERNE A. LYNCH
925 CREEKWOOD DRIVE
CHASKA, MN 55318
DAVID & CLARE JOHNSON
821 CREEKWOOD DRIVE
CHASKA, MN 55318
f RY & DEBRA ANDERSON BRUCE & TINA PAUL
CREEKWOOD DRIVE 10240 MANDAN CIRCLE
ASKA, MN 55318 CHASKA, MN 55318
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JAMES E. &
R. SUSAN PEDERSEN
10300 MANDAN CIRCLE
CHASKA, MN 55318
DANIEL SCHAITBERGER &
CATHERINE SCHAITBERGER
10241 MANDAN CIRCLE
CHASKA, MN 55318
DALE & PEGGY GUNDERSON
845 CREEKWOOD DRIVE
CHASKA, MN 55318
SPENCER L. &
GLORIA A. BOYNTON
777 CREEKWOOD DRIVE
CHASKA, MN 55318
JAMES & JANET SABINSKE
775 CREEKWOOD DRIVE
CHASKA, MN 55318
?.. -F'� y ✓ h � .��3'�.J'r�.�
CITY OF CHAH11ASSEN, 1
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CITY or CHAIAHASSEN
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We are very concern about the quality of fill and how it will affect our '
wells and Bluff Creek. The site should be subject to weekly reviews by
the City and inspections of the fill to ensure compliance with the
conditions appropriated to ensure health, safety and restoration. '
2. Will not be hazardous or disturbing to existing or planned
neighboring uses.
a) Disruption will be minimized by controlling the hours of operation. '
We recommend the hours of hauling operations to be 6 1/2 hours per day,
Monday through Friday 8:30 a.m. to 3:00 P.M. during the school season
and 7:00 a.m. to 1:30 p.m. during the summer. No hauling on Saturdays,
Sundays or legal holidays. Construction operations on site of Bluff '
Creek Golf Course shall be 7:00 a.m. to 6:00 p.m. Monday through Friday.
'
August 16, 1995
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
'
Re: Proposed Construction for Restoration of Ravine on Bluff Creek Golf
Course File No. 95 -4 Grading Permit.
'
To: David C. Hempel
This letter is in response to your letter on August 3rd to the residents
'
of Creekwood concerning the hours of construction on the Bluff Creek
Golf Course ravine. We as residents are not debating the issue of
restoring the ravine but the manner in which it is handled. This is a
well established neighborhood of residents that moved here for the quiet
'
rural atmosphere. Some long standing residents have been in this
neighborhood before the golf course! This neighborhood has been veery
lenient with the business activities of the golf course and nursery. It
'
is time our rights are "grandfathered in ". We have some concerns and
questions with some of the general issuance standards of the permit.
1. Will not be detrimental to or endanger the public health, safety,
'
comfort, convenience or general welfare of the neighborhood or city. My
main concern is the safety of the children in the neighborhood. This is
a small neighborhood of 16 families. We maybe small in numbers but are
,
united. We do not have a park in our neighborhood for our children to
play in. They walk and ride their bikes up and down Creekwood all day
long. Currently Creekwood is not a safe road. Creekwood intersects
with Hwy. 101 on a declined slope and curve. Vision is limited due to
'
the slope and wildflowers. The combination of limited vision and speed
of the traffic on Hwy. 101 makes it difficult to enter or exit
Creekwood. Plus the fact Creekwood is a narrow road without shoulders,
making it difficult for 2 cars to pass not to mention 2 trucks. We
'
recommend a turn lane on Hwy. 101 facing south and shoulders on
Creekwood. To inform drivers we would like two "Caution Children at
Play" signs placed on the North and South side of Creekwood. We
recommend that the speed limit be lowered to 25 MPH, 30 MPH is too fast
,
for a dead end road.
We are very concern about the quality of fill and how it will affect our '
wells and Bluff Creek. The site should be subject to weekly reviews by
the City and inspections of the fill to ensure compliance with the
conditions appropriated to ensure health, safety and restoration. '
2. Will not be hazardous or disturbing to existing or planned
neighboring uses.
a) Disruption will be minimized by controlling the hours of operation. '
We recommend the hours of hauling operations to be 6 1/2 hours per day,
Monday through Friday 8:30 a.m. to 3:00 P.M. during the school season
and 7:00 a.m. to 1:30 p.m. during the summer. No hauling on Saturdays,
Sundays or legal holidays. Construction operations on site of Bluff '
Creek Golf Course shall be 7:00 a.m. to 6:00 p.m. Monday through Friday.
' b) Providing dust control. We recommend that hauling stops until
Creekwood is blacktopped. Creekwood should not be paved until the
discrepancy of road location between the golf and Dale Gunderson,-
is resolved. Currently a portion of Creekwood is located on the
Gunderson's property. In the past, the neighborhood has complained of
the increased traffic and their speed. We recommend speed bumps be /,
' placed on the private portion of Creekwood to decrease traffic speed.
c) Fencing the perimeter after hours to ensure safety of the children
' and undesirable fill.
d) All disturbed areas, as a result of this construction must be
restored within 1 week of the damage. Lawn damage should be filled with
' dirt and sod and mailboxes should be replaced. Property damages should
come out of the escrow account if the golf course does not replace or
repair within 1 week.
' 3. 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.
' a) A more adequate water drainage needs to be developed, during the
recent rain, the culverts were over filling and causing one family to
lose phone service.
' b) There shall be no hauling during picking or dropping off of children
from the school bus.
c) The applicant shall daily clean dirt and debris from streets that
' has resulted from construction work by the golf course, it's agents or
assigns. Street cleaning will be required and monitored by the City.
If the streets are not maintained, the City shall use the applicant's $
5,000.00 security escrow to hire outside forces to complete any
' necessary work. If trucks are hauling for many years to come I believe
the escrow account should be increased.
' d) The interim use permit shall be renewed on an annual basis. The
permit shall expire November 15, 1995. The applicant shall contact the
City to request a formal extension 45 days prior to expiration. All
residents on Creekwood should be notified in writing at least 30 days
' prior to the City Council's renewal.
e) Due to the increased traffic on Creekwood the Sheriff's department
should periodically monitor for speed.
' 4. Will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the
community. The city states that it will not fund or use it's personnel
or equipment. Then who will protect the interest of the private
citizens of Creekwood? The applicant shall reimburse the City for all
costs incurred in the enforcement of this permit including engineering,
attorney fees and private resident's rights and property. Creekwood will
incur excessive wear and tear with the increased traffic of the golf
course and heavy trucks. Creekwood will have to be paved on a yearly
basis. I do not believe it is the citizen's of Chanhassen's
' responsibility to pay for this. The money the golf course receives for
6. Will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public
thoroughfares. Trucking activities will temporarily increase traffic
volumes along Creekwood. Truck turnarounds /bypasses will be required to
maintain traffic flow through the neighborhood should congestion become
a problem. Another reason for a turn lane on Hwy. 101 and shoulders on
Creekwood.
fill or dumping rights should the yearly pavement and improvements
P g .. ...
to Creekwood.
5. 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, I ,smoke, fumes, glare, odors, rodents, or trash. Our home '
has hot water heat and therefore we do not have air conditioning. I was
on the phone, and due to the noise of the trucks I could not carry on my
conversation until I shut the windows. This has been a very hot and
humid summer and.shuting the windows made it even more uncomfortable. ,
7. Will not depreciate surrounding property values. I agree in the
long term, but if you plan to sell your house in the interim of trucks
hauling, it will depreciate or make it more difficult to sell your
house.
The main attraction to this area is the quiet country setting within a
suburb.
conflicting figures or misquotes.
Figure 1: 4,500 to 5,000 trucks each containing 10 cubic yards will
dump in the ravine. Synopsis 4 trucks per hour
26 trucks per day
130 trucks per week
6,760 trucks per year.
This project will be completed within one year.
8. Before renewal of this permit the number of trucks and golfers
should be monitored periodically. As a resident we need to verify the
amount of fill that is to be dumped in the ravine. We have received
Figure 2: It will take 450,000 yards to fill the ravine. Divide this
by 10 cubic yards per truck. It will take you 45,000 trucks not 4,500
trucks to fill the ravine. IT WILL NOW TAKE YOU 6 YEARS AND 7 MONTHS TO
COMPLETE THIS PROJECT, IF YOU RUN A TRUCK PASS MY HOUSE EVERY 15
MINUTES! This figure is unacceptable and detrimental to the health,
safety, comfort, convenience and general welfare of the neighborhood.
I hope you can answer our questions. And I would appreciate it, if you
brought our concerns before the City Council meeting on August 28, 1995.
I am fully confident that together we can develop a safe plan to save
the environment and protect the neighborhood's rights.
Sincerely,
Gary and Debra Anderson
i
' DALE & PEGGY GUNDERSON rr1
845 Creekwood • Chaska, MN 55318 • (612) 445 -8985 AU6 1 v Iyy�
' RE: PROPOSED CONSTRUCTION HOURS FOR RESTORATION OF RAVINE ON
BLUFF CREEK GOLF COURSE - FILE NO. 954 GRADING PERMIT
• We firmly believe the road must be paved prior to the start of this filling operation The
' dust, holes and washboard conditions of the gravel road, with this kind of increased traffic,
would be "detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city."
• We believe the hours of operation for truck- hauling traffic should be:
Option #1 - between the hours of 8:00 a.m. until 5:00 p.m., Monday through Friday, or
Option #2 - between the hours of 7:00 a.m. until 6:00 p.m. Tuesday through Thursday.
J
• The maintenance of this road is also at issue. Who will be responsible for maintaining the
paved road once completed? (For example, snow removal, emergency access, and repair of
damages ?) Perhaps, once paved, this road should be given to the city of Chanhassen for
future maintenance?
• What assurances do we have, or what regulations will be in place to ensure the fill, is clean?
• With the current plans for water runoff, are we assured of no further erosion problems in the
neighborhood?
Signed this 16th day of August, 1995:
Dale A. Gunderson" Peggy Gunderson
it
CITY DIIS:
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