1g. Use permit for Grading/excavation Vineland Addition :..:
C I TY 0 F PC DATE: 5/6/92
1 '� ClIANHASSEN \ CC DATE: 6/8/92
1 CASE #: 92 -3 IUP
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STAFF REPORT
1 PROPOSAL: Interim Use Permit /Earthwork permit of 18,000 cubic yards of
'... material
• Z LOCATION: Lot 5, Vineland Addition, Located at the Southeast corner of Pleasant
Q View Road and Peaceful Lane.
• V
J APPLICANT: Fortier & Assoc Owner: Frank Beddor, Jr.
(. 408 Turnpike Road 7951 Powers Blvd.
▪ Q„ Golden Valley,, MN 55416 Chanhassen, MN 55317
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PRESENT ZONING: RSF, Residential Single Family Di0d -- - --
I Rejecte
ACREAGE: N/A Des Submitted to Commission
1 DENSITY: N/A Date Submi tted to Council
I ADJACENT ZONING AND
LAND USE: N - RSF; Single Family & Pleasant View Road
Q S - RSF; Carver Beach Estates
1' La E - RSF; Troendle Addition
W - RSF; Single Family & Peaceful Lane
1 W WATER AND SEWER: Available to the site.
1 (/) PHYSICAL CHARACTER.: The site contains a pond, vegetation, and rolling terrain.
I 2000 LAND USE PLAN: Low Densi ty Residential
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IUP for Vineland Addition I
May 6, 1992
Page 2
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PROPOSAL /SUMMARY 1
The applicant is requesting an interim use earthwork permit to excavate, correct soils and
fill a total of 18,000 cubic yards of material to prepare the site for future development. The
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site is located at the southeast corner of Peaceful Lane and Pleasant View Road. The
purpose of the operation is to create two building pads on the northwest quarter of the site.
Also intended in this proposal is the expansion of the existing retention pond located to the
northeast of the site and on Troendle Subdivision. There has been some discussion in the
past regarding the status of the pond on Lot 5, Vineland Addition. This pond has the
characteristics of a poor wetland and is shown on the Fish and Wild Life Map, however, this
pond is man made and was created by the owner. When the city installed sewer and water
lines along Peaceful Lane this work apparently caused the drain tile from Lot 5, Vineland
Addition to be crushed. The city did restore the system shortly after. The northeast portion
of the site started retaining water and eventually the pond started taking on wetland
characteristics (see Attachment #2). Several discussions have taken place between staff,
City Council, and the owner of the property over a period of years. It has been determined
that the pond is not a wetland.
This proposal will allow Lot 5, Vineland Addition to become compatible with it's intended 1
residential use. The operation is proposed to take 45 to 50 working days with construction
starting June 15, and ending August 15, 1992, weather permitting. The applicant is
proposing hours of operation from 8:00 a.m. to 5:00 p.m., Monday through Saturday. The
proposed area for correcting soils and filling will primarily take place along the northwestern
portions of the site which has minimal vegetation. The applicant is proposing to relocate
1
any trees that might be affected by this operation. The area containing mature trees is
located along the southern portion of the site. Grading of the site will have no impact on
those trees. It should also be noted that one of the primary reasons for proceeding with the
I
work at this time is due to the availability of fill material from Highway 5 construction.
Thus, approval of this request will serve to facilitate the timely completion of the project
this summer.
1
During the platting process of Vineland Forest, a concept street plan was adopted to service
Vineland Forest and the adjoining future subdivisions. This plan has been upheld with the
platting of Vineland Forest and Troendle Addition. The plan calls for connecting Nez Perce
Drive with Pleasant View Road, via Peaceful Lane. On April 13, 1992, the City Council
authorized preparation of a feasibility study for the extension of Nez Perce Drive through
Lot 5, Vineland Addition. Work on the study is proposed to begin the week of May 3, 1992.
Staff recommends the applicant coordinate work efforts with Engelhardt & Associates, as
they are the firm that will be conducting the feasibility study. Any modifications in the site
grading on storm sewer improvements as a result of the feasibility study, should be included
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1 IUP for Vineland Addition
May 6, 1992
I Page 3
in this proposal. The proposed earthwork does not appear to have any negative impact
I upon the future completion of the street.
The plan proposes erosion control along all areas proposed for grading. Street cleaning and
I dust control is also proposed, which will minimize any impact of the excavation to the
adjacent streets and properties. Part of the feasibility study will be addressing the
realignment and reconstruction of Peaceful Lane. This realignment will take place
I concurrently with the extension of Nez Perce Drive, which will bring Peaceful Lane to city
standards and repair any damage that might have taken place during the earth work
operation. Staff will also inspect the condition of Pleasant View Road before and after the
I earthwork operation and will hold guarantees in the form of a letter of credit to insure
restoration. Therefore, staff is comfortable that the excavation will not negatively impact
existing uses of the surrounding properties and streets.
I The truck haul route will enter the site at the west corner onto Peaceful Lane to Pleasant
View Toad to County Road 17, to Highway 5, to West 78th, onto Quattro Drive, to Lot 7,
1 Block 1, Park One 3rd Addition, where some of the fill is being imported from. The trucks
will return via the same route (see Attachment #1). The request for grading Lot 7, Block
1, Park One 3rd Addition, and the filling of Lot 5, Vineland Addition is being reviewed
1 concurrently.
The drainage and erosion will be controlled with silt fences shown on the plan and as
1 required by the Engineering Department. Any dust problems will be controlled with water
trucks and street sweepers. All disturbed area will have topsoil respread and seeded once
I the earthwork has been completed. There are no wetland areas being disturbed.
The site will be left in a condition that will facilitate its future development for residential
I single family uses consistent with the Comprehensive Plan and existing zoning.
The proposed interim use permit application is fairly straight forward. Staff is proposing
I a zoning ordinance amendment to allow earthwork in all districts as an interim use. If this
amendment is approved, the application will be in compliance with the Excavating, Mining,
Filling and Grading Ordinance. With the conditions added by staff to ensure proper
I restoration and minimize any traffic conflicts, staff is recommending approval of the interim
use permit.
I COMPLIANCE WITH THE EXCAVATING. MINING. FILLING AND GRADING
ORDINANCE
I Section 7 of the ordinance provides a series of standards which an interim use permit must
be in compliance with.
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IUP for Vineland Addition 1
May 6, 1992
Page 4 1
Section 7 -40 - Fees
The ordinance allows the City to determine the fee schedule for each permit and that each 1
permit must be annually reviewed by the City Engineer. Section 7 -41 provides for an
irrevocable letter of credit that will be required to ensure compliance with conditions of
approval.
Finding
1
Staff is proposing that a $7,000 letter of credit be required to ensure compliance with
conditions outlined below (see Senior Engineering Technician Memo). The letter
of credit will cover site restoration, preparing an as-built grading plan upon
completion to verify work in compliance with plans, maintenance of adjoining roads
including repair of damage directly as a result of the hauling and for maintenance 1
of erosion control and dust control measures and landscaping. In addition, a permit
fee from the Uniform Building Code will be applied requiring a permit fee of
$238.50 to be paid. In addition the applicant shall reimburse the city for staff all city r
and city attorney time used to monitor and inspect the operation shall be paid at a
rate of $30.00 per hour. Staff will document the time on a monthly basis and bill the
applicant.
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Section 7 -42 - Setbacks
I
The ordinance requires that a setback of 100 feet from existing street rights -of -way and 300
feet from adjoining property lines be required for mining activities.
F
This condition does not apply. It is intended for mining activities only. 1
Section 7-43 - Fencing 1
The ordinance requires fencing for areas which will be converted to steep grades or where
on site ponding exists if the Council determines that a safety hazard exists. 1
Finding 1
The excavation and filling will actually create two building pads for future homes as
well as remove some bad soils. Through some discussions with the applicant, it was 1
stated that the intent is to berm and landscape the northerly edge of the site, along
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IUP for Vineland Addition
May 6, 1992
' Page 5
pleasant View Road, with mature trees. Resulting grades will not be adversely
affected. Therefore, safety hazards should not exist and fencing is not recommended.
Section 7 -44 - Appearance and Screening
' The ordinance requires that the visual impact of grading and mining operations be
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minimized and that where necessary, screening be provided.
Finding
r This is a temporary excavation process which will be leveling the area for future
home sites and will immediately be restored with seeding. Therefore, the visual
impact of the grading will be minimal and screening will not be necessary.
Section 7 -45 - Operations, Noise, Hours, Explosives, Dust, Water, Pollution, Top Soil
' Preservation
A. Maximum Noise Levels as measured at the perimeter of the site shall be within
limits set by the MPCA and by the Federal EPA.
Finding
Staff does not feel that the earthwork on the site will be excessive beyond the
activities being experienced in the area with improvements to Nez Perce Drive
I through Troendle Addition and development of residential sites in the area. To
ensure that the noise levels do not become excessive, a condition is being provided
that noise levels not exceed MPCA and EPA limits. If noise testing is required by
1 the city, the cost shall be paid by the applicant.
B. Earth work is permitted only during the hours of 7:00 a.m. to 6:00 p.m., Monday
' through Saturday and prohibited on national holidays.
Finding
The applicant has stated that hauling will take place between the hours of 8:00
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to 5:00 p.m., Monday through Saturday. This is in compliance with the hours as
stated in the ordinance. Staff is concerned with the truck traffic during rush hour
and feels that condition should be imposed that would minimize the impact. We are
particularly concerned due to Highway 5 construction activities that have already
complicated traffic patterns. The haul route is on Highway 5 and is in fact part of
the Highway 5 improvement project as some of the fill material for Lot 5, Vineland
Addition will be imported for Highway 5 fill If the Planning Commission and
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IUP for Vineland Addition 1
May 6, 1992
Page 6
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Council wish to restrict hauling during peak hours, they may condition approval upon
no hauling during rush hour periods. Usually rush hour periods on Hwy. 5 is from I
7:00 -8:00 a.m. and 3:45 -5:30 p.m., Monday through Friday. The City Engineer shall
make that determination.
C. Operators are required to use all practical means to eliminate vibration on adjacent
property from equipment operation. _
F 1
Staff does not feel there will be a problem with vibration on adjacent property since
it is separated by public right -of -way. This condition was provided for mining
activities. In this case, the operation is small and on temporary bases and would not
cause vibration. 1
D. Operators shall comply with all applicable regulations for the protection of water
quality. 1
Finding
III
The applicant is providing erosion control surrounding the expanded and to prevent
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erosion into the pond. There are no wetlands in the near vicinity of the area and
therefore, staff feels that there will be no water quality problems as a result of this
activity.
E. Operators shall comply with all regulations for the protection of wetlands. 1
Finding
1
There are no wetlands in the near vicinity of the activity which will be impacted by
the excavation.
F. Operators shall comply with all requirements of the Watershed District where the
property is located. 1
Finding
The applicant is providing erosion control around the pond to meet requirements of I
the Watershed District. Watershed District approval is required.
G. All top soil shall be retained at the site until complete restoration of the site has
taken place according to the restoration plan.
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1 IUP for Vineland Addition
May 6, 1992
1 Page 7
Finding
1 A stockpile will provided for the topsoil which will be respread on the site as soon
as the excavation is completed.
H. Operators shall use all practical means to reduce the amount of dust, smoke and
fumes caused by the operations. When atmospheric or other conditions make it
impossible to prevent dust from migrating off site, mining operations shall cease.
Finding
Staff does not anticipate a problem with these impacts with the site's location and
precautions that the applicant is providing for the excavation. The applicant will be
1 providing water trucks for dust control and street sweepers.
I. To control dust and minimize tracking of sand, gravel and dirt onto public streets,
internal private roads to any public roadway shall be paved with asphalt or concrete
for a distance of 300 feet to the intersection of the public roadway. Alternate means
of controlling this problem may be accepted by the city.
Finding
1 The streets that will be used for the hauling are paved with curb and gutter or
substandard in width. The applicant is providing street clean -up on a daily basis or
as needed. The proposed trucks are leaving the site via Peaceful Lane located west
of the site then entering Pleasant View Road. Grading will be taking place next to
Peaceful Lane. There will not be enough distance for the debris to fall of the trucks,
1 therefore, an improvement such as a sediment trap is necessary.
J. All haul routes to and from the mine shall be approved by the City and shall only
use streets that can safely accommodate the traffic.
Finding
1 The trucks will be entering and exiting the site from the west via Peaceful Lane, then
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going west on Pleasant View Road, south on County Road 17, east on Highway 5,
1 east on West 78th Street, onto Quattro Drive. (see Attachment #1). The trucks will
then be going in the opposite direction, back to the site. Staff is concerned with the
truck traffic during rush hour and feels that conditions should be imposed that would
1 minimize the impact. We are particularly concerned due to Highway 5 construction
activities that have already complicated traffic patterns. The haul route is on Hwy.
5 and is in fact part of the Hwy. 5 improvement project as some of the fill material
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IUP for Vineland Addition
May 6, 1992
Page 8 1
for Lot 5, Vineland Addition will be imported from Highway 5 fill. Staff is
recommending that if the City Engineer determines that traffic conflicts result due
to rush hour traffic flows, the hours of operation be appropriately restricted.
Section 7 -46 - Restoration Standards
The ordinance provides a series of standards outlining site restoration. These are reviewed
below. 1
A. The plan must be consistent with the City's Comprehensive Plan and Zoning
Ordinance. 1
Finding
The Comprehensive Plan illustrates this area as residential and the applicant's
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proposal to level the site is in conformance with the intended use of it being a
residential site. Therefore, staff believes that the proposal is consistent with the
Comprehensive Plan and Zoning Ordinance.
B. Restoration shall be a continuing operation occurring as quickly as possible after 1
extraction operation has moved.
Finding 1
Restoration will be completed immediately after the excavated material has been
removed. Staff will be maintaining a letter of credit to cover the restoration costs
in the case that the applicant does not or is unable to restore the site in a timely
manner. 1
C. All banks and slopes shall be left in accordance with the restoration plans submitted
with the permit application. 1
Finding
Staff is recommending that an as -built grading plan be provided at the completion
of the project so that staff can confirm the volume of material that has been
imported and that the site is constructed as proposed. 1
D. Slopes, graded areas and backfill areas shall be surfaced with adequate top soil to
secure and hold ground cover. Such ground cover shall be tended as necessary until
it is self sustaining.
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IUP for Vineland Addition
May 6, 1992
1 Page 9
Finding
The topsoil is being preserved on the site and will be respread after excavation of the
clay material. The topsoil will then be seeded to ensure ground cover for
1 stabilization of the area.
E. All water areas resulting from excavation shall be eliminated upon restoration of the
' site.
Finding
There will be no water areas, excluding the existing and which will be an
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resulting from the excavation of the site, therefore, this condition is not applicable.
F. No part of the restoration area which is planned for uses other than open space or
' agricultural shall be at an elevation lower than the minimum required for connection
sanitary or storm sewer.
1 Finding
The finished grade of the site is at an elevation that will allow for the connection of
municipal water, sanitary and storm sewer.
G. Provide a landscaping plan illustrating reforestation, ground cover, wetland
restoration or other features.
Finding
The letter from the applicant states that the excavated areas will be restored with the
topsoil and seeded immediately after excavation. No trees or other forms of
1 vegetation need to be replaced on the site.
INTERIM USE PERMIT STANDARDS
'
Mining operations will be allowed in the RSF District as an interim use permit if the
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requested zoning ordinance amendment is approved. The ordinance provides that interim
1 use permits are reviewed under the general issuance standards established for conditional
use permits, Section 20 -232, of the ordinance. The following constitutes a compilation of
the general issuance standards and staffs findings for each.
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IUP for Vineland Addition
May 6, 1992
Page 10 '
1. Will not be detrimental to or enhance the public health, safety, comfort, convenience
or general welfare of the neighborhood or the city. '
* The proposed earthwork is a temporary operation which will be completed on
August 15, 1992. The importing of 18,000 cubic yards of fill will provide
topography on the site which will be compatible with proposed residential
uses and therefore it will not be detrimental to the public health, safety,
comfort, or general welfare of the city. ,
2. Will be consistent with the objectives of the city's Comprehensive Plan and this chapter.
* The earthwork will be maintainin g the site in a form suitable for residential
use which is compatible with the Comprehensive Plan and this chapter.
3. Will be designed, constructed, operated and maintained so to be compatible
gn p co pa ble in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
* The proposed earthwork and filling will be maintaining the site, compatible
appearance with existing or intended character of the general vicinity. The
slope will be leveled and the retention pond will be enlarged. This activity
will not be changing the essential character of the area. The land will be
restored to a natural state once excavation is completed and will remain as
such until development of the site. The applicant has suggested through
discussions with staff that the intent is to berm and landscape the northerly
edge of the site along Pleasant View Road with mature trees.
4. Will not be hazardous or disturbing to existing or planned neighboring uses. 1
* With the precautions being taken by the applicant and with the conditions of
approval, the activity will not be hazardous or disturbing to existing or
planned neighboring uses, provided the applicant address the debris control.
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.
* The use is temporary which does not need to be served by public facilities and
services. The finished elevation will allow the site to be served by sanitary
sewer and water once it is developed in the future.
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IUP for Vineland Addition
May 6, 1992
Page 11
6. Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
* The activity will not create excessive requirements for public facilities and will
t not be detrimental to the economic welfare of the community.
7. 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.
* The proposed excavation could result in excessive traffic, noise and fumes.
' The conditions of the approval will provide standards by which the activities
should be minimized.
S. Will have vehicular approaches to the property which do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
* The excavation operation does have the potential to conflict with traffic on
Hwy. 5 especially during the rush hour periods. Staff is recommending that
if it is felt that traffic during rush hour is potentially a hazardous situation, the
city could limit the hours of hauling on weekdays to non -rush hour periods.
With the this condition, staff feels the potential traffic conflicts will be
minimized and will not be a potential hazard.
' 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
' The proposal will not result in any significant impact to natural or historic
features.
10. Will be aesthetically compatible atible with the area.
* The area proposed for excavation, once completed, will still be aesthetically
compatible with the surrounding residential sites. The applicant intends to
berm and landscape the north portion of the site along Pleasant View Road
with mature trees and shrubs.
11. Will not depreciate surrounding property values.
* The proposed use will not have a long term impact on surrounding property
values.
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IUP for Vineland Addition
May 6, 1992
Page 12
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12. Will meet standards prescribed for certain uses as provided in this article.
* The proposed excavation application is meeting the standards prescribed for 1
the RSF District.
Staff feels that the application is complete and will minimize potential impacts. With the
conditions proposed, staff is recommending that the Planning Commission and City Council
approve the project. 1
PLANNING COMMISSION ACTION
The Planning Commission reviewed the item at their May 6, 1992, meeting. The 1
Commission unanimously recommended approval with minor changes. The changes made
have been noted below in the City Council recommendation. 1
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
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"The City Council approves Interim Use Permit #92 -3 with the following conditions: 1
1. The applicant shall provide the City with a letter of credit in the amount of $7,000
to cover any road damage, maintenance of erosion control measures and site
restoration.
2. The applicant shall submit $238.50 grading permit fee as required by the Uniform 1
Building Code. The applicant shall also be responsible for reimbursing the city for
all inspection and attorney fees associated with processing and enforcing the permit.
The inspection fee shall be computed at a rate of $30 per hour.
3. The applicant shall obtain and comply with all permit requirements of the -Riley
Minnehaha Creek Watershed District.
4. The applicant shall provide storm runoff calculations for the ordinary high water
level, 100 -year flood elevation and pipe hydraulics prepared and signed by a
professional engineer registered in the State of Minnesota.
5. The applicant shall supply the City with a mylar as -built survey prepared by a
professional engineer upon completion of excavation to verify the grading plan has
been performed in compliance with the proposed plan.
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IUP for Vineland Addition
May 6, 1992
Page 13
6. A stockpile must be provided for the topsoil which will be respread on the site as
soon as the excavation is completed. Topsoiling and disk mulch seeding shall be
implemented immediately following the completion of excavated areas.
7. Noise levels stemming from the operation are not to exceed MnPCA and EPA
regulations. If the city determines that there is a problem warranting such tests shall
' be paid for by the applicant.
8. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday
and prohibited on national holidays. If the City Engineer determines that traffic
conflicts result due to rush hour traffic flows, the hours of operation will be
appropriately restricted.
9. The city will work with the County Sheriff to coordinate speed and weight checks.
If trucks are violating traffic laws, staff will require that the operation be shut down
and will ask the City Council to revoke the permit.
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I 10. The applicant the City Engineering staff will get together to determine how to
control the emergency overflow situation in the southwesterly portion of the site
draining over Peaceful Lane.
11. The applicant shall incorporate any modifications to the site grading and /or storm
sewer improvements as a result of the approved feasibility study for the extension
of Nez Perce Drive through the Owens' property to Pleasant View Road.
12. The applicant shall be responsible for adjustment of all sanitary sewer and water
1 service stubs along Pleasant View Road and Peaceful Lane.
1 13. The applicant shall convey to the city a drainage easement over the proposed pond.
The easement limits shall be confined to the 100 year flood elevation.
' 14. The applicant shall be responsible for any and all road damage sustained from the
truck hauling and construction activities.
15. The applicant shall construct and maintain a gravel construction access to the site.
Access to the site shall be restricted to this access point only.
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IUP for Vineland Addition 1
May 6, 1992
Page 14 1
16. The applicant shall convey to the City, a drainage easement over the proposed pond.
The easement limits shall be confined to the 100 -year flood elevation.
17. The landscaping shall be discussed with staff. The applicant shall submit landscaping
plans for staff review and approval.
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18. During the construction period, the applicant shall locate and maintain a barricade
on the west side of Peaceful Lane at its intersection with Pleasant View Road. The
I
purpose of the barricade shall be to keep construction vehicles from interfering with
the Stassen's use of their driveway at 6400 Peaceful Lane.
ATTACHMENTS III
1. Map showing the subject site and the truck route.
1
2. Letter from Art Owens dated December 13, 1989.
3. Memo from Paul Krauss dated April 7, 1992
4. Senior Engineering Technician dated April 29, 1992. I
5. Letter from the applicant dated April 3, 1992.
6. Section from the Uniform Building Code on Grading Permit Fees. I
7. Site plan for excavation dated April 6, 1992.
8. Planning Commission minutes dated May 6, 1992.
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A W Owens
6535 Peaceful Lane
Chanhassen, MN 55317
December 13, 1989
Jo Ann Olsen, Senior Planner
r City of Chanhassen
690 Coulter Drive
PO Box 147
Chanhassen, MST 55317
Greetings to Jo Ann:
1 In response to your request in our phone conversation last week the following is a brief
history dealing with the so called "wetlands" on the north end of our property.
We moved out here in 1962. At the time we moved, Carver 17 (Powers Blvd) ran right past
our place (from what is now Lake Lucy Road north on what is now Peaceful Lane and then
west on what is now Pleasant View Road).During the discussion on widening Carver 17 it
was finally decided to reroute it cutting out what is now Peaceful Lane and the west end of
Pleasant View Road, bringing in tons of fill because of that area being very low from the
desired grade.
During that rerouting we had a pond dug in the north end of our property which added a lot
as far as beautification was concerned. We kept this mowed and fenced for the 13 horses we
had at one time.
1 Subsequently, in time, the city contracted for sewer and water. Without our knowledge the
drain tile draining our field was crushed under the road causing the field to become swampy.
r We finally had to remove the horses and we then removed the fence. In talking this over
with our neighbor after we had lost over $100 trying to clean out the tile he said we should
have the city repair it because it was crushed during the laying of the sewer and water pipe.
The city agreed once it was explained that our neighbor had witnessed the crushing.
Unfortunately the back -hoe used for digging did not have a long enough reach so the tile
replaced under the road was left too high. Although it helped some it still left the field wet
for about half the summer. We were now at least able to again cut up to the pond.
1 When we started to talk about the city taking the southwest corner of our property for the
water tower Bill Monk came out and we again discussed the mess left by the city due to the
1 crushing of the drain tile and the inadequate attempt at repair. He assured me this would be
done to our satisfaction and passed this agreement on to Gary Warren.
When Gary Warren and I met he told me the city would not only fix the drainage problem by
1 laying a tube from the road but they would bring in dirt from some surplus they had to cover
the tube and even possibly plant some small trees on the west side. He was challenged on the
ability of the tube to drain to pond because of the pitch, but he felt that would be no
problem. It turns out it wa&s.46roblem because to bring the tube to water height they had to
bring it back down from its proper drain pitch starting about 30 feet from the edge of the
pond. Now for the water to flow out of the pond to maintain the previous acceptable level it
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has to flow uphill. When this was brought to Gary's attention he agreed to have a back -hoe
g ry gr
brought in and pull dirt out from within the pond and raise the edge enough so it would be
higher and keep the integrity of the kidney shape of the pond. What apparently was not
known by Gary or the back -hoe operator is unless we can go down at least 4 feet at the edge
of the water cattails and other water loving growth will proliferate. The back -hoe lefta
shallow shelf all around the pond and consequently we now have what is called a "wetlands"
with all the restrictions that are placed on the property owner to maintain it.
Before realizing the ramifications of the result of the wetlands classification I had asked Gary
to correct the problem. He said the city was through. They were not going to do any more.
About this same time we were working on developing the property and we asked the land
planner what we could do. They suggested we bring in fill if our neighbor agrees and raise
the base on the whole north end of our two properties and then bring in a back -hoe with 1
enough reach or a dragline to reshape the pond. Since this sounded reasonable we let it be
known we could use some fill. We now have about all the fill we think is needed but now we
need somebody to grade and then we get your Certified Mail letter laying additional burdens
on us to try to correct an injustice done by the city many years ago. It seems to me in all
fairness the city is the one that should have completely restored the area to our original
landscape before the sewer and water was installed. We have been advised we would have a
good chance of winning a law suit if we were litigate prone, but we are not. We hope this
was evident when the city condemned the property for the water tower.
As you recall in our phone conversation you told me this would have to go before the council 1
to get a waiver. When asked if this could be accomplished before we left town you felt not
and suggested this letter. As a result we are also sending a copy to the council members and
hope the combined wisdom will favor us. 1
Sincerely, ��
.' . �c edue 1
A W Owens
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. CITYOF
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00, ,_ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937 -1900 • FAX (612) 937 -5739
Action ily City Mminietrotor
MEMORANDUM Mod'riled._
Re�ctx
TO: Charles Folch, City Engineer Submitted to CommE,sb 1
Deb 1 FROM: Paul Krauss, Planning Director"- Submftted to cowl
1 DATE: April 7, 1992
SUBJ: Authorization of Preparation of Feasibility Study for Extension of Nez Perce
1 Drive through the Owens' Property to Pleasant View Road
I Over the past two to three years, the subject of providing a street connection from Nez
Perce to Pleasant View Road has been repeatedly dealt with by the Planning Commission
and City Council. During the review of the Vineland Forest plat in 1989, the City Council
I adopted a concept that would provide a long term connection through adjoining properties
to serve this need. The road was constructed up to the west property line of Vineland
Forest, but ultimately must go across the adjacent Troendle property and Art Owens' parcel
I to make the connection. Last year during the review of the proposed subdivision of the
Troendle property, this road connection proposal was again reviewed and upheld, and
appropriate right -of -way taken. During this review, area residents asked the Council to
1 make the connection to avoid local traffic impacts; however, this proved to not be possible
at that point in time since the adjoining Owens' parcel was in bankruptcy and was not
I proposed for subdivision at that time. Consequently, the developer of the Troendle
Addition was required to place $10,000 on deposit with the city, which is the Troendle
Addition's share of completing the street across the Owens' parcel. This money is being
I held by the city to be used towards the ultimate connection.
When the Troendle Addition was approved, the City Council asked that this item be brought
I back up within 18 months and while this time period has not fully lapsed, recent events have
caused us to reconsider this condition. We have held discussions with a representative of
Frank Beddor, who is seeking to purchase a portion of the Owens' parcel. It is our
I understanding that the Owens' parcel would be coming out of the bankruptcy protection.
What is not clear at this point is when the city would be in a position to take the right -of-
way through the subdivision process, in fact at the present time, it looks more and more like
I we may have to go in and condemn the final piece of right -of -way. Based upon this, I think
it would be useful for the city to take a portion of the $10,000 fund and undertake a
feasibility study for the roadway extension. This would be highly useful in defining a
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PRINTED ON RECYCLED PAPER 7 -
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Charles Folch 1
April 7, 1992
Page 2 1
centerline, which has never been done for this route, as well as engineering and construction
requirements, and costs. At the very least, this would allow us to officially map the route 1
to protect it from development even if we do not proceed with construction immediately.
Secondly, the cost of the study would not be wasted since it is necessary to do one before
we could build the road however the right -of -way is acquired. I would urge the Engineering
Department and the City Council to undertake this action as soon as possible so that we
may be in a position to assure that the final link of this road is constructed in a timely
manner. 1
CITY ENGINEER'S COMMENT
1
As Paul has expressed in his memo, it would be of great benefit for the City to define and
officially map the alignment for this last segment of Nez Perce Drive through the Owens
property connecting with Peaceful Lane and ultimately Pleasant View Road, particularly
since there seems to be at least one party interested in purchasing this land. It would be
appropriate to use the $10,000 dedicated from the Troendle Addition to perform this study. 1
I will be meeting with Bill Engelhardt later in the week to discuss a number of issues. It
is my intention to also provide him with the necessary information to prepare a cost
proposal for the sutdy which I can present to the City Council on Monday night. It is 1
therefore recommended that authorization be given to prepare a feasibility study for the
extension of Nez Perce Drive through the Owens property to Pleasant View Road at a cost
not to exceed $10,000 and that Engelhardt & Associates be assigned the project engineer. I
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APR 13 1992
il CITY Of- t•'
April 10, 1992
1
Randy L. Bauernfeind
1 6361 Fox Path
Chanhassen, MN 55317
II Chanhassen City Council
Chanhassen Municipal Building
1 690 Coulter Drive
Chanhassen, MN 55317
1 RE: Connection of Nez Pierce Street to Pleasant View Road
1 Dear Chanhassen City Council Members:
I I noticed that one of items on the April 13th Chanhassen City Council
agenda is a discussion concerning a feasibility study to connect Nez -
Pierce to Pleasant View Road. As a resident of Chanhassen, I am writing
this letter to express my concern with connecting Nez Pierce to Pleasant
View Road. Connecting Nez Pierce to Pleasant View Road would
significantly increase the amount of traffic on Pleasant View Road which
is already extremely over traveled. Pleasant View Road has become a
I "shortcut" for getting from one side to the other side of Lotus
Lake /Christmas Lake. This "shortcut" mentality has caused many
commuters to travel at speeds in excess of the posted speed limit and at
I speeds which are clearly unsafe for this road.
As you are aware, Pleasant View Road is the only passageway from County
Road 17 to Highway 101 between Highway 5 and Highway 7. The road was
II never designed to carry the amount of traffic that it is currently
handling. The road is very narrow with numerous blind curves, steep
drop -offs to Lotus Lake, and has no shoulder or walkway. In addition to
1 the limitations of this road, the road surface has deteriorated a great
deal over past couple of years due to the amount of excess usage.
A tremendous amount of residential development has taken place on both
the east and west ends of Pleasant View Road over the past couple of
years. As a result of increased traffic generated by new development,
Pleasant View Road has become a very unsafe road to travel by vehicle
11 let alone trying to walk or bicycle on. In my opinion a four -lane
freeway would be a safer place to walk or ride a bicycle. Development
which is planned for the future will only generate more traffic on this
II road if a plan is not developed which will reduce the usage of this
road.
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A plan for Pleasant View Road should be developed which would reduce the
amount of usage and which would give people who jog, walk and bicycle an
opportunity to enjoy this scenic drive and an opportunity for Chanhassen
to retain its small town atmosphere. The commuters that currently use
Pleasant View Road as a shortcut should be re- routed to Highway 5 and
Highway 7 that are designed to handle commuting traffic at commuting
speeds.
I would appreciate if the Chanhassen City Council would take my concerns
and suggestions under consideration before allowing additional access to
Pleasant View Road and for future planning discussions. 1
Sincerely,
Randy Bauernfeind
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CITYOF
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\ ,i CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 y (612) 937 -1900 • FAX (612) 937 -5739
M EMORANDUM
I TO: Sharmin Al -Jaff, Planner I
FROM: Dave Hempel, Sr. Engineering Technician ai
l" DATE: May 1, 1992
1 SUBJ: Interim Use Permit /Earthwork Permit, Lot 5, Vineland Addition,
SE Corner of Peaceful Lane and Pleasant View Road
Grading Permit No. 92 -2
Upon review of the plans prepared by Fortier & Associates dated April 2, 1992, I offer the
1 following comments and recommendations.
I The proposed work consists of soil corrections, filling, storm sewer construction and
reshaping the existing pond on the site. Troendle Addition, which lies immediately east of
the proposed site, has a retention pond which is also impacted by this work. The applicant
I is proposing to combine these two ponds and fill around the pond to create two building
pads on the west side of the pond adjacent to Peaceful Lane.
I The existing pond elevation on the site is controlled by an existing 8 -inch PVC drain tile
located in the southwest corner of the site. The drain tile crosses Peaceful Lane and outlets
immediately into a ditch and continues via overland flowage to the west towards Powers
I Boulevard. The applicant is proposing to extend and modify the outlet pipe by constructing
two manholes /catch basins and extending the pipe to the new pond location. The existing
pond outlet pipe is proposed to be removed.
1 The applicant is also the developer of Troendle Addition. City Ordinance required the
developer to construct a retention pond to retain storm runoff from a 100 -year storm event.
I This retention pond is proposed to be connected to the new pond on Lot 5. Staff
recommends the applicant provide the City with storm runoff calculations for pond storage
and pipe hydraulics. The calculations as well as the construction plans for the storm sewer
t will need to be prepared by a professional engineer. Based on field inspections, it appears
the drain tile is actually 8" PVC, not 6" PVC as indicated on the plans. The proposed storm
sewer system is designated to be constructed partially in Peaceful Lane right -of -way which
1 l 1
t ist PRINTED ON RECYCLED PAPER
Sharmin Al -Jaff 1
May 1, 1992
Page 2 1
typically would deem maintenance responsibilities onto the City. Staff also envisions when
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this parcel subdivides the remaining section of storm sewer would also be dedicated by
easement to the City for ownership. Staff considers the proposed storm sewer improvements
as an interim or temporary system until the feasibility report and /or site plan approval is
achieved. At that time, a more permanent drainage system will be designed in accordance
to City design standards. Construction of the permanent storm sewer system would be
included with Nez Perce street extension. 1
The City is currently in the process of preparing a feasibility report to extend Nez Perce
Drive from Troendle Addition to Peaceful Lane. It appears the proposed grading will not
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adversely affect the future street extension. However, depending on the results of the
feasibility study currently undertaken by the City, the extension of Nez Perce Road to
Peaceful Lane and ultimately Pleasant View Road may require modifications to the I
applicant's site grading and storm sewer alignment. The applicant shall be responsible for
any modifications to the site grading and storm sewer system as a result of the approved I
feasibility study.
The erosion control detail proposes installing silt fence around the perimeter of the pond.
All disturbed areas are proposed to be restored with topsoil & seed. Staff also recommends
placement of mulch due to the slopes adjacent the pond.
Staff finds the overall intent of this project acceptable subject to the conditions listed below. 1
1. The applicant shall provide storm runoff calculations for the ordinary high water
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level, 100 -year flood elevation and pipe hydraulics prepared by a professional
engineer.
2. An emergency overflow swale should be constructed over the southwesterly portion I
of the site to drain across Peaceful Lane. The swale should be the approximate
location of where the existing drain tile is located. 1
3. The applicant shall be responsible for incorporating any modifications to the site
grading and storm sewer improvements as a result of the approved feasibility report. 1
4. The applicant shall provide the City with a letter of credit in the amount of $5,000
to guarantee compliance with the terms of the Interim Use /Earthwork Permit.
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5. The applicant shall obtain and comply with all permit requirements of the Watershed
District.
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May 1, 1992
1 Page 3
1 6. The applicant shall be responsible for adjustment, if necessary, of all sanitary sewer
and water service stubs along Pleasant View Road and Peaceful Lane.
7. Upon completion, the applicant shall provide the City with as-built plans of the
grading as well as the storm sewer system. The as- builts should be in a mylar
reproducible format.
8. The applicant shall be responsible for reimbursing the City all inspection and
attorney's fees involved in processing the permit and inspecting the project.
' 9. The applicant shall be responsible for any and all road damage sustained from the
truck hauling and construction activities.
10. The applicant shall construct and maintain a gravel construction access to the site.
Access to the site shall be restricted to this access point only.
11. The applicant shall convey to the City, a drainage easement over the proposed pond.
PP Y tY g P P P
The easement limits shall be confined to the 100 -year flood elevation.
12. The applicant shall provide a traffic control plan for staffs' approval and provide the
PP P P PP P
necessary traffic control signs, i.e. trucks hauling.
jms
1 Attachments: 1. Gravel Construction Entrance Detail.
2. Sample Grading Permit.
1 c: Charles Folch, City Engineer
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• - -/e'er. -- $; %. - .' +Kr �+: . °*IWIC �(j, it
- N " ^• ., 4;e ' t71 17n " + i ,:.-- . + ... f
r ik:1 X r • Y ' it i A i 11; iii 1 t A.; - ? .. l . • . Yr I
6.7 TEMPORARY ROCK CONSTRUCTION ENTRANCE E ,
1
DESCRIPTION AND PURPOSE PLANNING CONSIDERATIONS
A temporary rock construction entrance is a stone It is always preferable p s referable to prevent mud from being 1
pad located at points where vehicles leave a deposited upon a road rather than cleaning the road
construction site. The purpose of the stone pad is to off later. Mud on a road can create a safety hazard 1
provide an area where mud can be removed from as well as a sediment pollution problem.
os vehicle tires before the vehicle leaves the site. The
stone pad consists of clean rock designed in such a In some cases, the action of tires moving over a
way that vehicle tires will sink in slightly. This gravel pad may not provide adequate cleaning of
helps remove mud from the tires as the vehicle vehicle tires. In those cases, the tires may need to be
passes over the pad. If a wash rack is used, it washed off with water before leaving the site. When 1
provides an area where vehicle tires can be washed water is used to wash tires, a wash rack will keep the
with water when needed. driving surface mud -free.
EFFECTIVENESS DESIGN RECOMMENDATIONS I
The effectiveness of temporary rock construction 1. The rock used for gravel pads should be 1- to
entrances for trapping sediment depends largely 2 -inch size such as MNDOT CA -1 or CA -2
upon the length, depth of rock, maintenance and type coarse aggregate. The aggregate should be
of structure used. A newly installed rock placed in a layer at least 6 inches thick. 1
construction entrance meeting the recommendations
included here will be relatively effective for 2. The rock entrance should be at least 50 feet
removing mud from construction vehicle tires before long; however, longer entrances may be
they leave the site. However, once the rock voids required to achieve adequate cleaning.
become clogged with mud, the practice will not
serve its intended purpose until the rock is replaced. 3. A filter fabric may be needed under the rock
Washing vehicle tires with pressurized water over a to prevent migration of mud from the
wash rack is very effective for removing mud from underlying soil into the stone.
tires. - 1
10/89 ATTACHMENT "1" 6.7-1
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1 4. If tires are washed off with water, the wash MAINTENANCE
water should be directed to a suitable settling
I area. A wash rack installed on the rock pad The rock pad needs occasional maintenance to
may make washing more convenient and prevent tracking of mud onto paved roads. This may
effective. The wash rack would consist of a require periodic top dressing with additional rock or
I heavy grating over a lowered area in the removal and reinstallation of the pad.
construction entrance. The grating may be a
prefabricated
1 rack suchasa
cattle guard, or it / . •
may be Hard surface �'`�'"
c
constructed on- public road .;):,:t.„,-
I site of structural
V .
steel. In any . :.. � �..,.
. . , - •'e • . 50 minimum
case, the wash . p _ ,• ,•ro ,►;. , `. ,
rack must be ,a'r' .1:-. :�:fi •�r t;:►Si��e I ; =ii
strong enough to �a� •.: stfivA44.•. • -, ••
support the i�` 6" minimum "• •'•::;;16 ° !x; 1 .0 . eV
%Z i •
.. t
vehicles that will , ''== `� •-•,. 6 1 " 144 - -
cross it. Figure „or le . v � j, °'
1 -2" washed rock
6.7 -2 shows a • �'' , •f:' ..
typical wash ∎e `
rack installation.
Figure 6.7 -1: Rock construction entrance
1 Z
- Ditch to carry
' c '
�•:=? � wash water to
sediment basin
: �� or trap
Was rack ' •= "•: -s.
I
� i:y:�,!„i1�i -ice .. : „.� :.....:i.1..• i• it1 .
. , J-L=
Reinforced concrete Drain space
1 Detail of wash rack
Wash rack material may also be aluminum or other metal.
Figure 6.7 -2: Construction entrance with wash rack
1 6.7-2 10/89
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GRADING PERMIT NO. 92 -2
PERMIT dated , 1992, issued by the CITY OF ,
CHANHASSEN, a Minnesota municipal corporation ( "City "), to
Frank Beddor , ( "Applicant ").
1. Request for Grading Permit. The Applicant has asked the
City to approve a grading permit for the property at the southeast
corner of Pleasant View Road and Peaceful Lane (referred to in this
permit as the "property "). The land is legally described as:
Lot 5, Vineland Addition
P.I.N. 25- 8700060
2. Conditions of Approval. The City hereby approves the
permit on condition that the Applicant abide by its terms and
furnish the security required by it.
3. Plans. The property shall be graded in accordance with
the following plans. The plans shall not be attached to this
permit. If the plans vary from the written terms of this permit,
the written terms shall control. The plans are:
Plan A - -Soil Erosion Control Plan and Grading Plan
4. Time of Performance. The Applicant shall complete the
grading and erosion control by October 15 , 1992. The
Applicant may, however, request an extension of time from the City.
If an extension is granted, it shall be conditioned upon updating
the security posted by the Applicant to reflect cost increases and
the extended completion date.
5. Erosion Control. Plan A shall be implemented by the 1
Applicant and inspected and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling
1/
operations shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion
control plan, seed shall be rye grass or other fast - growing seed
suitable to the existing soil to provide a temporary ground cover
as rapidly as possible. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
L
The parties recognize that time is of the essence in controlling
erosion. If the Applicant does not comply with the erosion control
plan and schedule or supplementary instruction received from the ,
City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Applicant in
advance of any proposed action, but failure of the City to do so
will not affect the Applicant's and City's rights or obligations
hereunder. If the Applicant does not reimburse the City for any
cost the City incurred for such work within thirty (30) days, the
City may draw down the letter of credit to pay any costs. 1
ATTACHMENT "2"
1
6. Clean up. The Applicant shall daily clean dirt and
debris from streets that has resulted from construction work by the
Applicant, its agents or assigns.
7. Security. To guarantee compliance with the terms of this
permit, the Applicant shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank ( "security ") for
$ 5.000.00 . The bank and form of the letter of credit shall
be subject to the approval of the City Administrator. The letter
11 of credit shall be for a term ending June 1 , 1993.
8. Responsibility for Costs.
A. Except as otherwise specified herein, the Applicant
shall pay all costs incurred by it or the City in conjunction with
the grading and erosion control, including but not limited to
inspection expenses incurred in connection with approval and
acceptance of the permit.
B. 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 resulting from permit
approval and work done in conjunction with it. The Applicant shall
indemnify the City and its officers and employees for all costs,
damages, or expenses which the City may pay or incur in consequence
of such claims, including attorney's fees.
C. The Applicant shall reimburse the City for costs
incurred in the enforcement of this permit, including engineering
and attorney's fees.
D. The Applicant shall pay in full all bills submitted
I to it by the City for obligations incurred under this permit within
thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all work and construction.
9. Applicant's Default. In the event of default by the
Applicant as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Applicant
1 shall promptly reimburse the City for any expense incurred by the
City, provided the Applicant is first given notice of the work in
default, not less than four (4) days in advance. This permit is a
license for the City to act, and it shall not be necessary for the
City to seek a court order for permission to enter the land. When
the City does any such work, the City may, in addition to its other
remedies, assess the cost in whole or in part.
10. Notice. The Applicant must notify the City Engineer in
writing a minimum of 48 hours prior to construction.
11. Watershed District Permit. The Applicant shall comply
with the conditions of the attached Watershed District permit,
11 especially as it relates to seeding and restoration of vegetative
cover.
1
111
12. Specific Conditions to be added from Interim Use Approval 1
Permit process.
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CITY OF CHANHASSEN
BY:
Donald J. Chmiel, Mayor
(SEAL)
BY:
Don Ashworth, City Manager
' APPLICANT
BY:
STATE OF MINNESOTA }
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1992, by Donald J. Chmiel, Mayor, and
by Don Ashworth, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
1
STATE OF MINNESOTA }
( ss.
COUNTY OF }
The foregoing instrument was acknowledged before me this
11 day of , 1992, by
11 NOTARY PUBLIC
1
DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
(612) 937 -1900
1
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April 3, 1992 I
F ORTIER & ASSOCIATES, INC.
Mr. David Hempel A RCHITECTURE PLANNING INTERIOR DESIG1
City of Chanhassen
Engineering Department
690 Coulter Drive
Chanhassen, Minn. 55317
RE: OWENS - TROENDLE SITE GRADING
II
COMM: 91 -04
Dear Mr. Hempel: I/
At the request of Mr. Frank Beddor Jr., we are herein submitting an
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application for a Grading permit for improvements on the Owens -
Troendle sites.
Mr. Beddor currently owns the Troendle property and has an accepted 1
purchase agreement for Lot 5, Vineland from Mr. Owens. As the
purchase agreement for Lot 5 cannot be executed prior to Mr. Owens
filing his homestead exemption, this work has been reviewed and found
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desireable by Mr. Owens. Frank's attorney will forward a letter
approving this work by Mr. Owens.
Common ownership or interests in this property enable ponding and 1
grading improvements which will greatly enhance this property as well
as the surrounding area and city in general. The raising of grades
in the low lying area will promote and support high quality
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residential development. The integration of the ponds will improve
filtration of pollutants and land use, and correct the outflow
problems which currently exist. 1
Only two significant trees will be affected by this work...and they
will both be relocated on site. While that satisfies the ordinance,
please be advised that additional landscaping is being proposed and I/
will be forwarded shortly for your information.
We have reviewed this design with the watershed engineers on a 1
preliminary basis and have followed their recommendations. Copies of
our application to the watershed shall also be forwarded. We expect
approval in May. Soils information has not been undertaken for the
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Owens portion of the site. We expect the soils to be similar to
those at the Troendle site, attached. G.M.E. will be employed as
soils consultants to observe construction and test for compaction
results.
II
Should you have any question, please do not hesitate to call.
Y. Tru II
.. • , . . ,
1
Daryl •. For ier
# 5
408 Turnpike Road, Golden Valley, Minnesota 55416 (612) 593 -1255 1
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APPENDIX
1988 EDITION
I TABLE NO. 70-A--GRADING PLAN REVIEW FEES1 No fee
50 cubic yards or less ...... ... .. $15 0e
51 to 100 cubic yards .. .. • 22.50
101 to 1000 cubic yards • • • . . 22.
... 20 5 0
1001 to 10,000 cubic yards . • • • • . .. . .
I 10,001 to 100,000 cubic yards— $30.00 for the first 10,000 cubic yards, plus $15.00 for
each additional 10,000 yards or fraction thereof.
100,001 to 200,000 cubic yards— $165 00 for the first 100,000 cubic yards, plus $9 00 for
each additional 10,000 cubic yards or fraction thereof
200,001 cubic yards or more — $255.00 for the first 200,000 cubic yards, plus $4.50 for each
additional 10,000 cubic yards or fraction thereof.
I Other Fees:
Additional plan review required by changes, additions $30 00 per hour*
or revisions to approved plans .
(minimum charge —one -half hour)
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees
involved.
TABLE NO. 70 PERMIT FEES
$1500
4zKA fit'• til:ti:s k;O: Yt?•:R>c5ks- T'>� <29:i .ts,si ›z4.6 >�i ?ii: 50 cubic yards or less
22.50 ,
51 to 100 cubic yards
101 to 1000 cubic yards — $22.50 for the first 100 cubic yards plus $10.50 for each additional
100 cubic yards or fraction thereof
1001 to 10,000 cubic yards — $117 00 for the first 1,000 cubic yards, plus $9 00 for each
additional 1,000 cubic yards or fraction thereof
10,001 to 100,000 cubic yards — $19 00 for the first 10,000 cubic yards, plus $40 50 for
I each additional 10,000 cubic yards or fraction thereof
100,001 cubic yards or more — $562.50 for the first 100,000 cubic yards, plus $22.50 for
each additional 10,000 cubic yards or fraction thereof
Other Inspections and Fees: $30 00 per hour
I 1 Inspections outside of normal business hours
(minimum charge —two hours)
2. Reinspection fees assessed under provisions of $30 00 per hour'
Section 305 (g) . $30 00 per hour'
3 Inspections for which no fee is specifically indicated p
(minimum charge—one -half hour)
( The fee for a grading permit authorizing additional work to that under a valid permit shall be the
difference between the fee paid for the original permit and the fee shown for the entire project.
20r the total a ui hourly and fringe benefits the employeessinvolved. include supervision, cost to the
overhead,eq p
875
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER ) 1
1
I, Karen J. Engelhardt, being first duly sworn, on oath
deposes that she is and was on April 15 , 1992 ,
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 Public Hearing Proposed Interim 1
Use Permit for earth work located at the southeast corner of
Peaceful Lane and Pleasant View Road, Lot 5, Vineland Addition 1
to the persons named on attached Exhibit "A ", by enclosing a copy
of said notice in an envelope addressed to such owner, and 1
depositing the envelopes addressed to all such owners in the
I/
United States mail with postage fully prepaid thereon; that the
names and addresses of such owners were those appearing as such
I/
by the records of the County Treasurer, Carver County, Minnesota,
and by other appropriate records. 1
Kar n J. 'E gel ardt, Deputy Clerk
Subscribed and sworn to
before me this 15th day
of April , 1992
•:!� °'? VICTORIA E. CHURCHILL
NOTARY PUBLI - MINNESO?A
,� - / " f CARVER COUNTY
-- My commission expires **'w
Notary Public "' 11
NOTICE OF PUBLIC HEARING
PROPOSED INTERIM USE PERMIT
1 CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold
a public hearing on Wednesday, May 6, 1992, at 7:30 p.m. in the Council Chambers in
Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the
application of Fortier and Associates for an interim use permit for earth work located at the
1 southeast corner of Peaceful Lane and Pleasant View Road, Lot 5, Vineland Addition.
1 A plan showing the proposed earthwork and location of the proposal is available for
public review at City Hall during regular business hours.
All interested persons are invited to attend this public hearing and express their
opinions with respect to this proposal.
Sharmin Al -Jaff, Planner I
Phone: 937 -1900
1 (Publish in the Chanhassen Villager on April 16, 1992)
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SCOTT EDWARDS & JOSEPH TROENDLE FRANK BEDDOR JR &
▪ DAVID VOGEL 1015 PLEASANT VIEW ROAD MARILYN BEDDOR
▪ 915 PLEASANT VIEW ROAD CHANHASSEN MN 55317 7951 POWERS BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317
I LINDA JOHNSON J STASSON & M SKELTON CONRAD M EGGAN
1140 PLEASANT VIEW RD 6400 PEACEFUL LANE 6500 PEACEFUL LANE
1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1 MARLOW E PETERSON MARLOW & K PETERSON CARVER COUNTY
1180 PLEASANT VIEW RD 1180 PLEASANT VIEW RD 600 4TH ST E
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHASKA MN 55318
FRANK BEDDOR JR &
• TIMOTHY D FOSTER TODD & S NOVACZYK MARILYN BEDDOR
▪ 6370 PLEASAN VIEW RD 6317 PLEASANT VIEW ROAD 7951 POWERS BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
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Planning Commission Meeting
May 6, 1992 - Page 44
Erhart moved, Emmings seconded that the Planning Commission recommend to
approve an amendment to Section 20 -1351 of the Chanhassen City code and
repeal Sections 20 -1352 through 20 -1384. All voted in favor and the motiotl
carried unanimously.
PUBLIC HEARING: '
INTERIM USE PERMIT FOR GRADING /EXCAVATION LOCATED AT LOT 5, VINELAND
ADDITION. FORTIER AND ASSOCIATES.
Public Present:
Name Address 1
•
Daryl Fortier 408 Turnpike Road, Golden Valley
Jim & Mary Stassen Peaceful Lane and Pleasant View Road 1
Sharmin Al -Jaff presented the staff report on this item. Chairman Batzli
called the public hearing to order. 1
Daryl Fortier: First, I'm Daryl Fortier representing Frank Beddor, Jr. He
is purchasing the property from Mr. Owens. We're in agreement, I'm in
agreement with the staff report. All 16 conditions of 17. The only one III
would like to discuss is point number 10 which says there shall be an
emergency overflow swale constructed to the southwesterly portion of the
site to drain across Peaceful Lane. This would, for a swale to work as yowl
all understand. This allows water to pass over the surface of the ground. ti
The surface of the ground at that point is controlled by the elevation of
Peaceful Lane which is about 1005. Our 100 year storm is at about 995.5. II
For us to get a swale to go up another 5 feet would require us to have
eight 100 year floods. Eight 100 year rains in a row. That is
concurrently before the water would get that high.
Emmings: What's your point?
Daryl Fortier: My point is we don't think that's a viable idea. We think II
that it's a good idea for lots that work but it won't apply to this lot. I
think a more reasonable way of controlling an overflow situation here is to
provide a second pipe which would be normally set at the 100 year elevation!'
such as if the first pipe to outlet the pond ever did become obstructed,
that as the water rose to the 100 year elevation, it would then flood into
this other overflow pipe and allow us a secondary means of draining the
lot. It's just a detail to work out with engineering.
Emmings: The engineer is nodding. You've already won.
Daryl Fortier: Okay. That's the sole issue. ,
Batzli: This is a public hearing. Would anyone else like to make a
comment on this issue?
Mary Stassen: My name is Mary Stassen and Jim and I live at the corner of
Peaceful Lane and Pleasant View Road right across from the construction I
work that they'll be doing. Back in last year's meetings when this whole
IF -
Planning Commission Meeting
May 6, 1992 - Page 45
thing came up, before any construction activity was going to begin over on
that development, the road was to be straighten out and I guess that's what
my concern is. That I haven't heard anything about that and right now,
because that used to be where all the traffic, where Powers Blvd. went
1 through, it's 125 feet across that entrance right there.
Emmings: My recollection of that, and maybe I'm wrong. My recollection is
that before, is it Nez Perce, got connected to Peaceful Lane, that's when
I/ that intersection was supposed to be straighten out. Remember?
Batzli: Dave, let's.
1 Hempel: If I could clarify. Yes. Partially correct there. What the City
was really partaking and which actually they have ordered a feasibility
report to be prepared for the actual extension of Nez Perce through the
Peaceful Hills Drive I guess it's called onto Pleasant View Road. At that
time we would address the proper intersection at Peaceful Hills.
Batzli: What kind of timeframe?
Hempel: City Council approved authorization of the feasibility study for
the extension of Nez Perce Drive on March 13, 1992. We have a consultant
working on it and we have a tentative date of I believe June 22nd. Well
that's a City Council date but one of the Planning Commission meetings in
I June. Probably the later one in June.
Emmings: And is the consultant looking at fixing that corner that they
live on?
Hempel: That's correct.
Emmings: So that's part of the project.
Hempel: It will be a total package. Actually there may be two options...
1 Batzli: Okay. Do you have any more questions?
Mary Stassen: Well we're just concerned about, having that 125 feet, you
can pull in a dump truck and turn a complete circle in that amount of
space. We're basically like 35 feet from Peaceful Lane and that corner
cuts at such an angle that we can hardly get out of our driveway and people
can come around at a pretty fast speed so we're really very concerned about
this and I don't know where the construction traffic is going to be
accessing into the land but it also would be nice if that traffic could be
moved perhaps down Peaceful Lane or maybe even access in off of Pleasant
View Road instead of right across from our driveway. Or right across from
our house.
Emmings: How will they be getting in and out to the construction site?
Hempel: I'll defer that question maybe to Mr. Fortier to address. The
actual access point.
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Planning Commission Meeting
May 6, 1992 - Page 46 i
Daryl Fortier: We haven't selected an access point but it occurs to me
that it would seem reasonable as part of the traffic management plan to putt
up a barricade so that you see the barricade on Pleasant View Road that
would preclude traffic from hugging the road next to the Stassen's
driveway. Instead of sweeping a close curve, this would preclude them from
going there and it would force them to take more of a 90 degree turn so it '
would temporarily close down the throat of Peaceful Lane. Since there's
only 4 residents who use that, it seems to me to be a reasonable interim
solution. 1
Emmings: Do you put up the barricade or does the City?
Daryl Fortier: We can have that put up as part of the project.
Emmings: So we could make it a condition here that you put up a barricade 11
to keep traffic on the south end of that away from the Stassen's property
and that would be alright?
Daryl Fortier: That's acceptable. 1
Mary Stassen: Do you know Daryl where they would go on...? At what point?
Daryl Fortier: I have a good feeling that they're going to go onto the
land just about straight across from your driveway. That's where it
doesn't have any rise to it and it's pretty flat. There's a couple trees 11
they have to move there. So they're going to relocate two trees and
because that's flat and that's where they have to scrape out organics.
They'll come in with some backhoes first at that location and once they get
the backhoes in there, since that's where they have to do the work, that II
soil will be messed up and I expect that's where we'll be coming in. There
is a requirement that we construct a 50 foot long gravel patch so that the
mud will be taken off the equipment as it goes in and out of the site.
Especially the trucks that are hauling dirt. So we'll try to keep the
streets as clean as we can.
Jim Stassen: ...dirt in there, you were coming in off of Pleasant... A II
little bit further down. Is that possible that exit could be used?
Daryl Fortier: If I could have the overhead projecter back on I can show II
you what the difficulty is there. Mr. Owens had brought fill in right
about this location. Brought it across the Troendle property and put it
down here. We have to scrape out organics up in this area...
(There was a tape change at this point in the discussion.)
Batzli: Any other comments? ,
Emmings moved, Erhart seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed. 1
Ahrens: My questions have been answered. I don't have anything else on
this. I would go along with the staff report.
Farmakes: Go along with the staff recommendation.
11
Planning Commission Meeting
May 6, 1992 - Page 47
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Emmings: Same.
Ledvina: The condition number 4 indicates that the applicant shall provide
storm water runoff calculations for ordinary high water. I'm sorry, yes.
That's right. Ordinary high water level, 100 year flood elevation and pipe
hydraulics prepared and signed by a professional engineer. I'd like the
additional text added, registered in the State of Minnesota. Professional
Engineer registered in the State of Minnesota.
Emmings: What's the point of that because I don't understand it?
' Ledvina: Well, generally you want individuals that are working,
professional engineers that are working on projects here to be registered
in this state as opposed to Alabama or. It's standard terminology when
you're speaking of signatures of professional engineers.
Batzli: Anything else Matt?
Ledvina; No, that's it.
Batzli: Okay, Ladd. Tim.
' Batzli: I think it looks good. I would like to see an addition, if
possible about the barrier being put up to make them go wide and avoid
their property so they don't hug that corner. Would anyone like to make a
1 motion?
Emmings: I'll move the Planning Commission recommend approval of Interim
Use Permit #92 -3 with the conditions in the staff report. 3 will be
modified according to what Sharmin told us before. Saying Minnehaha Creek
Watershed District. 4 will have the change language, professional engineer
be registered in the Minnesota. Number 10 will be changed. I don't know
what went on there between our engineer and Daryl but 10 will be changed to
conform to what they agreed to here. 11, there was an addition. If the
feasibility study for the extension of Nez Perce Drive. 18, there be a new
18. Yeah, there'd be a new condition 18 that would say that during the
construction period, the applicant shall locate and maintain a barricade on
the west side of Peaceful Lane at it's intersection with Pleasant View.
1 The purpose of the barricade shall be to keep construction vehicles from
interfering with the Stassen's use of their driveway. I have a note from
our leader. Give me one minute to read it. What?
' Batzli: In accordance with the plans.
Emmings: In accordance with the plans dated April 6, 1992. Stamped
Received April 6, 1992.
Batzli: I'll second it.
j Emmings moved, Batzli seconded that the Planning Commission recommend
approval of Interim Use Permit *92 -3 in accordance with the plans stamped
"Received April 6, 1992" and with the following conditions:
Planning Commission Meeting
May 6, 1992 - Page 48
11
1. The applicant shall provide the City with a letter of credit in the
amount of $7,000. to cover any road damage, maintenance of erosion
control measures and site restoration.
2. The applicant shall submit $238.50 grading permit fee as required by
the Uniform Building Code. The applicant shall also be responsible
for reimbursing the city for all inspection and attorney fees
associated with processing and enforcing the permit. The inspection
fee shall be computed at a rate of $30. per hour.
3. The applicant shall obtain and comply with all permit requirements of
the Minnehaha Creek Watershed District.
4. The applicant shall provide storm runoff calculations for the ordinary
high water level, 100 year flood elevation and pipe hydraulics
prepared and signed by a professional engineer registered in the States,
of Minnesota.
5. The applicant shall supply the City with a mylar as -built survey
prepared by a professional engineer upon completion of excavation to II
verify the grading plan has been performed in compliance with the
proposed plan.
6. A stockpile must be provided for the topsoil which will be respread on
the site as soon as the excavation is completed. Topsoiling and disk
mulch seeding shall be implemented immediately following the '
completion of excavated areas.
7. Noise levels stemming from the operation are not to exceed MnPCA and II
EPA regulations. If the city determines that there is a problem
warranting such test shall be paid for by the applicant.
8. Hours of operation are limited to 7:00 a.m. to 6:00 p.m. Monday thru '
Saturday and prohibited on national holidays. If the City Engineer
determines that traffic conflicts result due to rush hour traffic
flows, the hours of operation will be appropriately restricted. '
9. The city will work with the County Sheriff to coordinate speed and
weight checks. If trucks are violating traffic laws, staff will
require that the operation be shut down and will ask the City Council II
to revoke the permit.
10. The applicant and the City Engineering staff will get together to ,
determine how to control the emergency overflow situation in the
southwestly portion of the site draining over Peaceful Lane.
11. The applicant shall incorporate any modifications to the site grading II
and /or storm sewer improvements as a result of the approved
feasibility study for the extension of Nez Perce Drive. 1
12. The applicant shall be responsible for adjustment of all sanitary
sewer and water service stubs along Pleasant View Road and Peaceful
Lane. '
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Planning Commission Meeting
May 6, 1992 - Page 49
13. The applicant shall convey to the city a drainage easement over the
proposed pond. The easement limits shall be confined to the 100 year
flood elevation.
14. The applicant shall be responsible for any and all road damage
sustained from the truck hauling and construction activities.
15. The applicant shall cosntruct and maintain a gravel construction
' access to the site. Access to the site shall be restricted to this
access point only.
' 16. The applicant shall convey to the city a drainage easement over the
proposed pond. The easement limits shall be confined to the 100 year
flood elevation.
' 17. The landscaping shall be discussed with staff. The applicant shall
submit landscaping plans for staff review and approval.
18. During the construction period, the applicant shall locate and
maintain a barricade on the west side of Peaceful Lane at it's
intersection with Pleasant View. The purpose of the barricade shall
be to keep construction vehicles from interfering with the Stassen's
use of their driveway.
All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
' INTERIM USE PERMIT FOR GRADING /EXCAVATION LOCATED AT LOT 7, PARK ONE 3RD
ADDITION, FORTIER AND ASSOCIATES.
Sharmin Al -Jaff presented the staff report on this item. Chairman Batzli
called the public hearing to order.
Daryl Fortier: I'll keep this one very short. I'm Daryl Fortier
representing Frank Beddor. We're in agreement with the conditions and the
addendums or amendments that Sharmin is recommending. The only point I
would clarify for those who like to use professional engineers registered
in Minnesota is that the person who prepares a survey is a licensed
surveyor. Not an engineer.
Erhart: Licensed in the State of Minnesota though.
Daryl Fortier: But he is a surveyor.
Emmings: But the last one was a different thing altogether. That was
hydraulics.
Hempel: We were talking about storm sewer.
Batzli: Thank God we got that cleared up. Okay. This is a public
hearing. Does anyone have any comments in regards to this application?