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7 Use Permit/VanDeVeire Prop CITY OF CHANHASSEN 10 City Cent" Drive, PO Box 147 Chttnhassm, Minnesota 55317 Pho7/( 612.937.1900 Gm"al FIlX 612.937.5739 Engintrring FIlX 612.937.9152 "ublic Saftty FIlX 612.934.2524 ~b www.cÎ.chanhassm.mn.us 7 - MEMORANDUM TO: Kate Aanenson, Community Development Director Bill Bement, Engineering Technician IV . I~/ David Hempel, Assistant City Engineer)llð'- FROM: DATE: March 28, 2000 SUBJ: Interim Use Permit to Haul 50,000 Cubic Yards of Materials - NE Comer of Galpin Boulevard and TH 5 - Larry VanDe Veire File Nos. 00-01 !UP & 00-07 LUR PROPOS A T .ISTTMM A RV The applicant is requesting an interim use permit to import approximately 50,000 cubic yards of mate rial. The site is located at the northeast quadrant of Trunk Highway 5 and Galpin Boulevard. The site will be left in a condition that will facilitate its future development for General Business (GB) use consistent with the Comprehensive Plan and existing zoning. The site is in the Bluff Creek Overlay District. There is an aglurban wetland located in the southeasterly comer of the site. The proposed fill limits will be approximately 10 feet from the wetland edge a,t its closes . point. No impacts to the wetland are anticipated from this project. The proposed fill area has no significant vegetation. The area containing trees on this site is located along the north and east portions of the site, which will not be impacted by this application. Anticipated tree impacts will be the result of the Trunk Highway 5/West 78th Street Project. The hauling operation is anticipated to begin as soon as road restrictions are lifted which is April 21, 2000 and permits executed. The permitted hours of operation will be 7:00 a.m. to 6:00p.m., Monday through Friday, and 9:00 a.m. to 5:00p.m. on Saturday with no work permitted on Sunday or legal holidays. The proposed haul route will be via West 78th Street to Trunk Highway 5 to an existing driveway on Galpin Boulevard to the site. The haul route should have minimal impact to streets or traffic flow. Traffic control signage will be required in accordance with the Minnesota Manual on Uniform Traffic Devices - Appendix B. Access to the site will be from the existing driveway access is at the eastern edge of the site (staff envisions this as one of the future access points for this property as well). Erosion control measures (silt fence) will be installed around the downstream sides of the stockpile area to contain any sediment on site. Dust should not be of concern given the nature of the material being stockpiled. Should dust become a problem it will be controlled with water trucks on an as needed basis. The final slopes are proposed to be constructed with 3: I side slopes along the north and west sides of the aglurban wetland and 2% slopes for the remaining portions of the site. The proposed grading appears to be compatible with future improvements be City of Cha1lhassen. A fJOwin¡ community with clean lakes, quality schools, a charminr downtown. thrivinr businesses. and beautifùl parks. A ",at Place to live. work. and p/av, Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 2 proposed with the TH 5 upgrade later this year. All disturbed areas as a result of construction will be required to be reseeded and mulched within two weeks of site grading. It is anticipated that the material is being imported from the West Village Heights 3'" Addition project located west of Byerly's. This site is bordered on the south by West 78th Street and on the west by Powers Boulevard. An interim use permit expires one year from the date of approval from the City Council. The permit maybe renewed on an annual basis subject to City Council approval. The applicant will need to request a formal extension 45 days prior to the expiration date. Security to guarantee restoration and erosion control measures will be required with the permit. The permit is also subject to administration fees. The administration fees are based on the number of cubic yards of material being imported. The fees are taken from the Uniform Building Code Appendix, Chapter 33. Based on 50,000 cubic yards of material, the applicant shall pay the City $589.00 prior to the City signing the permit. Staff believes that this interim use permit application is fairly straightforward. Staff is recommending approval of the interim use permit with the conditions outlined in the report. RT .TIFF rRRRK N A TTJR AT. RRSOTJRCRS MAN A~RMF.NT PT. A N . The subject site falls within the Bluff Creek Natural Resources Management Area Primary and Secondary Zone. The purpose of the primary corridor is to delineate a conservancy zone where undisturbed conditions are desired. This is the area where any type and/or human activity directly impact the creek. The secondary corridor is a management zone. This is the area where development and/or urban activities directly affect the ecosystem. There is an aglurban wetland in the southeastern portion of the site. The wetland is located at 938.9. Bluff Creek is a DNRprotected waterlocated at the 940 contour. This site will be impacted by the Trunk Highway 5 improvements as well as the West 78th Street improvements. MD.DOT will be completing this project including the underpass on West 78th Street between Walnut Grove and this site. Any impacts to this wetland from the Trunk Highway 5/West 78th Street project will be addressed as part of a separate W AP. Staff estimates the elevation for the primary zone to be 940. The existing wetland falls within this area. There is no significant vegetation at this site. What does exist may be removed as part of the Trunk Highway 5 project area. The purpose of the !UP is to fill this area to make it a buildable lot zoned A-2 but is guided with a land use of neighborhood commercial. The gtadÏng as part of the !UP does Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 3 not impact the wetland nor the 10 foot buffer but does effect the 40 foot buffer setback. It is staff's recommendation that the area around the wetland be landscaped with an approved landscaping plan consistent with the BCWNRP. COMPT.TANCR WTTH THR RXCAVATTNG, MINTNG, FTT.T.TNG ANn GRAmNG ORmNANCF. Section 7 of the ordinance provides a series of standards, which an interim use permit must be in compliance with. Section 7-40 - Fees The ordinance allows the City to determine the fee schedule for each permit and that each 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: Staff is recommending that a $10,000 letter of credit be required to ensure compliance with conditions outlined below. The letter of credit will be used to guarantee site restoration, maintenance of erosion control and dust control measures. In addition, a grading permit fee in accordance with the Uniform Building Code will be applied to the permit. Based on 50,000 cubic yards of material, the fee will be $589.00. This fee is due and payable to the city prior to issuance of the permit. Section 7-42 - Setbacks 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. Finning: This condition does not apply. It was intended for mining operations only. Section 7-43 - Fencing 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. Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 4 Finning The fill material will be shaped and maintained at a gradual slope of3:1 or less. Therefore, safety hazards will not exist and fencing should not be required. Section 7-44 - Appearance and Screening The ordinance requires that the visual impact of grading and mining operations be minimized and that where necessary, screening be provided. Finning: This is a temporary earthwork project, which will be creating suitable grades for future development. All disturbed areas as a result of construction will be restored with topsoil and seed within two weeks of completion. The fill material will ultimately remain on the site to provide fitting grounds for future development; therefore, the visual impact of the grading and excavating 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. Finning Staff does not feel that the earthwork on the site will be excessive. To ensure that the noise levels do not become excessive, a condition is being provided that noise levels not exceed MPCA and EP A limits. If noise testing is required by the city, the applicant shall pay the cost. 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. Finning As a condition of approval, the hours of operation have been modified to between the hours of7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a. m. to 5:00 p.m. on Saturday with no work on Sunday or legal holidays. This is consistent with most other construction projects in the city. C. Operators are required to use all practical means to eliminate vibration on adjacent property from equipment operation. Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 5 Finrling Staff does not believe that there will be a problem with vibration on adjacent property. The material will compacted by trucks and/or an earth scraper running over the site. Any vibratory compaction equipment used should not be a problem due to the extended distance of the outlying properties. D. Operators shall comply with all applicable regulations for the protection of water quality. Finc1ing The applicant is providing erosion control surrounding the fill area to retain any runoff from the site. E. Operators shall comply with all regulations for the protection of wetlands. Finc1ing The grading activity will maintain a 10 foot buffer setback from the edge of the wetland. In addition, the applicant is proposing erosion control fencing to protect the water quality of the wetland. F. Operators shall comply with all requirements of the Watershed District where the property is located. Finrling The site is providing erosion control measures. A Watershed District permit is required for areas of disruption more than one acre in size. Watetshed District approval will be required for this proposal. G. All topsoil shall be retained at the site until complete restoration of the site has taken place according to the restoration plan. Finrling: Prior to the placement of any fill material, the site will be stripped of topsoil and temporarily stockpiled for future cover over the fill material. The proposed fill material will be constructed of clay and clay-like soils and covered with the stockpiled topsoil, which will be seeded and mulched within two weeks after grading is completed. The fill area shall be protected from erosion by silt fence. "&- f I: Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 6 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. Finrling Staff does not anticipate a problem with these impacts due to the type of material being imported, the site's location and precautions that the applicant is providing with the earthwork activities. 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. Finrling: An existing driveway off of Galpin Boulevard (haul route) is proposed to be utilized to the site. A rock construction entrance will be utilized to minimize tracking of sand, gravel, and dirt onto public streets. Any dirt or debris carried onto any public street shall be cleaned on a daily basis. All disturbed areas as a result of construction will be restored with topsoil, seed and mulch. J. All haul routes to and from the site shall be approved by the City and shall only use streets that can safely accommodate the traffic. Fincling: It is suspected that that trucks/earth moving equipment will import material from the West Village Heights Addition located west of Byerly's to the subject site via Trunk Highway 5 to an existing driveway on Galpin Boulevard. Streets affected along this route have been designed to carry this type of traffic. A traffic control plan must be submitted to the City for review and approval prior to hauling operations commencing. Section 7-46 - Restoration Standards The ordinance provides a series of standards outlining site restoration. These are reviewed below. Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 7 A. The plan must be consistent with the City's Comprehensive Plan and Zoning Ordinance. Finrling The Comprehensive Plan illustrates this area as medium density residential or commercial. The applicant's proposal to grade and place fill material on the site will make it practical for either use. B. Restoration shall be a continuing operation occurring as quickly as possible after extraction operation has moved. Finrling: Restoration is proposed to be completed within two weeks after the fill material has been placed or November 15,2000 whichever occurs first. The City will require security in the form of 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. C. All banks and slopes shall be left in accordance with the restoration plans submitted with the permit application. Finrling 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 placed and that the site is restored as proposed. D. Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustaining. , m' ~ Finrling: The topsoil is on-site material to be stockpiled for cover upon completion of the grading activity. Topsoil will then be seeded and mulched to ensure ground cover for stabilization of the area. 7- E. All water areas resulting from excavation shall be eliminated upon restoration of the site. Finning: ~ ~. ki Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 8 Erosion control measures will be installed at the grading limits providing a temporary sediment barrier to treat runoff from the site prior to discharging into the wetland. 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. Finning: The finished grade of the site is at an elevation that will allow for the connection of municipal water, sanitary and storm sewer upon completion of the Trunk Highway 5/West 78th Street upgrade project. G. Provide a landscaping plan illustrating reforestation, ground cover, wetland restoration or other features. Finrling All disturbed areas will be seeded and mulched within two weeks after grading is completed. As proposed, no trees or landscaping needs to be replaced on the site as a result of construction activities. TNTRRTM "SR PF.RMTT ST ANnA Rns Mining operations will be allowed in the A2 District as an interim use permit ifthe requested zoning ordinance amendment is approved. The ordinance provides that interim 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 staff's findings for each. 1. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. * The hauling of 50,000 cubic yards will provide a favorable site for either medium density residential or commercial development as illustrated in the City's Comprehensive Plan and Zoning Ordinance, 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. Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 9 * The earthwork will be maintaining the site in a form suitable for future medium density or commercial land use, which is compatible with the Comprehensive Plan and this chapter. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. * The proposed earthwork will be preparing the site for future development. Any development on the site will require filling to make the site feasible for development. The end use will maintain the site in a compatible appearance with existing or intended character of properties in the general vicinity. The fill material will be an extension of the existing terrain and will not be detrimentally changing the essential character of the area. The land will be restored to a natural state once the grading activity is complete and will remain as such until future development of the site. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. * 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. 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. * At this time, completion of the grading activity does not need to be served by public facilities and services. The earthwork activities will partially improve the site to be served by sanitary sewer and water once it is developed in the future. 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 not be detrimental to the economic welfare of the community since upon completion will be a suitable site for future development. J ~ ,. . Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 10 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 noise and fumes. The conditions of approval will provide standards by which the activities should be minimized. 8. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. * The importing of material to the site does have the potential to add conflict to existing traffic patterns on Galpin Boulevard. Staff has added a condition in the permit to require the appropriate traffic control signage during hauling operations. 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 with the area. * The proposed graded area, once completed, will still be aesthetically compatible with the surrounding surface contours and drainage patterns. 11. Will not depreciate surrounding property values. * The proposed use will not have an impact on surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. * The proposed grading application is meeting the standards prescribed for the A2 District. Staff feels that the application is complete and with the conditions proposed in the permit will minimize potential impacts. Staffis recommending that the Planning Commission and City Council approve the applicant's request for an Interim Use Permit. Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page II Staff is recommending approval with the conditions outlined in the staff report. PI .ANNING COMMISSION TJPnATF. On April 5, 2000 the Planning commission held a public Hearing on this item. At the close of the hearing the Planning Commission unanimously approved to adopt the motion with the conditions outlined below. RFCOMMF,NnA TION Staff recommends the City Council adopt the following motion: "The Planning Commission approves Interim Use Permit #00-1 with the following conditions: 1. The applicant shall provide the city with a letter of credit in the amount of $10,000.00 to guarantee erosion control measures and site restoration and compliance with the interim use permit. 2. The applicant shall pay the City $589.00 for the grading permit fee. In addition, the applicant shall pay for all city staff and attorney time used to monitor and enforce the interim use permit. The inspection fee shall be billed at a rate of$50.50 per hour. 3. The applicant shall obtain and comply with all permit requirements of the Riley-Purgatory-Bluff Creek Watershed District and Carver County Public Works. 4. The applicant shall supply the city with a mylar as-built survey prepared by a professional surveyor registered in the State of Minnesota upon completion of excavation to verifY the grading plan has been performed in compliance with the proposed plan. 5. All disturbed areas as a result of construction shall be restored with topsoil, seed and mulch within two weeks after grading is completed or November 15, 2000 whichever occurs first. 6. Noise levels stemming from the operation are not to exceed MPCA and EP A regulations. If the city determines that there is a problem, the applicant shall pay for warranting such tests. 7. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 5 :00 p.m. on Saturday with work not permitted on Sundays or legal holidays. Kate Aanenson Van De Veire!UP No. 00-01 March 28, 2000 Page 12 8. Prior to starting grading activities, erosion control measures shall be installed, inspected and approved by staff with special attention being paid to the eastern side of the site near the creek. 9. All disturbed areas as a result of construction shall be seeded and disc mulched within two weeks of grading completion. The interim use permit shall expire one year from the date of City Council approval. The applicant may submit a written request to the city for renewal of the permit up to 45 days prior to the expiration date of the permit. 10. A landscaping plan shall be prepared for the "landscape buffer" area around the wetland. This plan shall be consistent with the species in the BCWNRP. 11. Importing of material is restricted to the approved haul route. No hauling shall be permitted on any street not designed as the haul route. Traffic control signage will be required in accordance with the Minnesota Manual on Uniform Traffic Devices - Appendix B for staff review and approval prior to site work commencing. 12. The site shall be graded in accordance with the plans prepared by Sathre- Berquist, Inc., dated January 14, 2000. 13. The 50,000 cubic yards shall consist of clean fill material only. No concrete or construction debris. 14. The applicant is responsible for keeping all streets clean as a result of hauling activities Attachments: I. Public hearing notice and list of property owners. 2. Grading plan prepared by Sathre-Bergquist, Inc. dated January 14,2000. 3. Memo from Carver County Public Works dated March 23, 2000. 4. Planning Commission minutes dated April 5, 2000. c: Larry Van De Veire, Applicant g:\eng\bil1\memos\vandeviere.doc NOTICE OF PUBLIC HEARING _ . INTERIM USE PERMIT__ CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN thaltheChanhassenPlanningCommission will hold a public hearing on Wednesday. AprilS, 2000 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall. 690 City Center Drive. The purpose of this hearing is to considertheapplicarionofthe Larry Van De Veire for an .interim use pennit to haul 50,000 cubIc yards of excavaledmaterialsonthepropertylocated at the northeast cornerofTH 5 and Galpin Blvd. A plan showing the 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 aM express their opinions with respect to thiS proposal. .. David C. Hempel, Ass!. CIty Engmeer Phone: 937-1900. ex!. 123 (Published in the Chanhassen Villager on Thursday, March 23, 2000; No. 4241) .~ Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrod. being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper. as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. "S/,,2 ~/ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being the kind and ize of type used in the composition and publication of the Notice: Stan Rolfsrod. General Manager or his designated agent Subscribed and sworn before me on "l-1.UJ. .~ this ..t'2...-day of , 2000 ",,~~ GWEN M. AADUENZ ;¡ "''';;;i;' ~'~~'k~J ~CTARYPIj8l1C M¡N~~ESOTA ~ '~iJ.~_~';e Mv :::':¡r'1m'SS10n EXOlræ Jsn 31.2005 ,~,:.~~..¡,.;,o:,+,.-,.¡.,......;(.". ."'...._!~ RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $13.00 per column inch Maximum rate allowed by law for the above matter................................ $13.00 per column inch Rate actually charged for the above matter................................................ $9.25 per column inch ,. NO" ICE OF PUBLIC HEARING , PLANNING COMMISSION MEETING WEDNESDAY, APRIL 5, 2000 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Interim u.. Pennll for Grading/Excavating APPUCANT: Larry Van De Velre LOCATION: NE Comer of TH 5 and Galpin Blvd. NOTICE: You are Invited to attend a public hearing about a proposal In your area. The applicant, Larry Van De Veire, Is requesting an Interim use pennlt to haul 50,000 cubic yards of excavated materials on the property located at the northeast comer of TH 5 and Galpin Blvd. What Happens at the MeetIng: The purpose of this public "hearing Is to inform you about the developer's request and to obtain Input from the neighborhood about this project. During the meatlng, the Chair will lead the public hearing through the following steps: 1. Staff wJ1l give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing Is closed and the CommisSion discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, It Is helpful to have one copy to the department In advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 23, 2000. Site Location ) .. . ..-....- ~ TH5 1 Harvest Lane 2 Harvest Way 3 Cou BWd~ I r oth Feed Sheets™ HENNESSY &; . 5 GALPIN BLVD :CELSIOR MN 55331 RRY DEAN V ANDEVEIRE &; )0 CO RD 10 E lASKA MN 55318 HN HENNESSY &; )5 GALPIN CELS 55331 EODORE F &; MARLENE M BEN )0 GALPIN BL YO CELSIOR MN 55331 'S LINKS INC ~ SANTA VERA ANHASSEN 1v1N 55317 rv OF CHANHASSEN ) CITY CENTER BOX 147 SSEN MN 55317 ) SCHOOL DIST 112 PEAVEY RD ASKA MN 55318 MIL Y OF CHRIST LUTH CHRUC i EAST LAKE DR BOX 388 ANHASSEN MN 55317 UFF CREEK PARTNERS iNORTH 3RD ST NNEAPOLIS MN 55401 SIDENTIAL DEVELOPMENT INC CHOCTAWCIR IAN HASSEN MN 55317 ~ BLAINE J &; KATHY M MICHAEL 7626 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 WALNUT GROVE HOMEOWNERS 2681 LONG LAKE RD ROSEVILLE MN 55113 SUSAN P WILSON 7630 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 DONALD B &; JANET L DAHLQUlS 7634 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 PATRICIAKKOHN 7638 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 CHARLES B & SHIRLEY A ENGH 7642 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 DAVID W & LINDA J HAGGBLOOM 7646 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 GARY F & JOYCE E ANDERSON 7650 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 GERALD 0 & DARLENE A SODERL 7656 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 EARLON L MILBRATH & 7662 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 v (l1 De.. \fWme template for 5160C!) MARY E PETERSON 7670 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 ELANOR H FOUGNER &; 7676 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 'SUSAN M ERICKSON 2198 BANEBERRY WAY W CHANHASSEN MN 55317 TERESA L FOGARTY 2194 BANEBERRY WAYW CHANHASSEN MN 55317 BRADLEY A & JODENE B THRODA 2190 BANEBERRY WAY W CHANHASSEN MN 55317 BRIAN D & VALERIE G POWELL 2186 BANEBERRY WAY W CHANHASSEN MN 55317 JEANNE C GILBERTSON 2170 BANEBERRY WAY W CHANHASSEN MN 55317 ROBERT R & SALLY J SCHULTZ 380 MAROPRET CIR WAYZATA MN 55391 CHARLES E & JEANNE S BEHRING 2162 BANEBERRY WAYW CHANHASSEN MN 553 17 DAVID D & GINA M FREITAG 2158 BANEBERRY WAY W CHANHASSEN MN 55317 JIIIUU".. n::t:u ~neets·... GREG P &: JULIE A SCHILLER 2201 BANEBERRYWAYW CHANHASSEN MN 55317 SHA WNA M GRIEP 2197 BANEBERRY WAY W CHANHASSEN MN 55317 ROBERT S WALKER 2193 BANEBERRYWAYW CHANHASSEN MN 55317 ROBERT P &: SARA M ORVIS 2189 BANEBERRY WAY W CHANHASSEN MN 55317 JANET 1 MARUSKA 2175 BANEBERRY WAY W CHANHASSEN MN 55317 JOHN F NEWE 2171 BANEBERRY WAY W CHANHASSEN MN 55317 ERlK J FRlTZ &: 2167 BANEBERRY WAY W CHANHASSEN MN 55317 LOUIS C ABELA 2163 BANEBERRYWAYW CHANHASSEN MN 55317 LEE S &: DEBORAH RAE BELKA 2159 BANEBERRY WAY W CHANHASSEN MN 55317 BRADLEY J &: JANETTE M WING 2155 BANEBERRY WAYW :HANHASSEN MN 55317 ce _ ~ DWAYNEL WALKER 2145 BANEBERRY WAY W CHANHASSEN MN 55317 ANNETTE M CIESZKOWSKI 2141 BANEBERRY WAY W CHANHASSEN MN 55317 JUNE M CASEY 2137 BANEBERRY WAY W CHANHASSEN MN 55317 JULIE D WAND 2133 BANEBERRY WAY W CHANHASSEN MN 55317 HOLLY M RlCKERT 2129 BANEBERRY WAY W CHANHASSEN MN 55317 RlCHARD M & MARY V ERVASTI 2125 BANEBERRY WAY W CHANHASSEN MN 55317 JOHN H HEMS WORTH 2100 BANEBERRY WAY E CHANHASSEN MN 55317 ANGELA MARGARET BOBER 2069 BLUE SAGE LN W CHANHASSEN MN 55317 JEFFREY K & MARNE M BUZZELL 4512 49TH ST DES MOINES IA 50310 LINDA J YOUNG 2057 BLUE SAGE LN W CHANHASSEN MN 55317 ~ Use template for 51 MICHAEL J HJERMSTAD 2056 WATERLEAF LN W CHANHASSEN MN 55317 STEVEN C &: SHANNON K KNOTTS 2062 W A TERLEAF PL W CHANHASSEN MN 55317 CONNIE L MUNSON 2068 W A TERLEAF PL CHANHASSEN MN 55317 CHAD B ANY ARY 7744 BUTTERCUP CT CHANHASSEN MN 55317 JANICE M VANDERZEE 7748 BUTTERCUP CT CHANHASSEN MN 55317 JENNIFER L WUEBKER 7752 BUTTERCUP CT CHANHASSEN MN 55317 JAMES M BROOKS 7756 BUTTERCUP CT CHANHASSEN MN 55317 ADAM R NEISE & 7755 LADY SLIPPER LN CHANHASSEN MN 55317 BARBARA L JOHNSON 7751 LADYSLIPPERLN CHANHASSEN MN 55317 JANET K BEETY 7747 LADYSLlPPER LN CHANHASSEN MN 55317 r:ooth Feed Sheets™ COTT A JOHNSON 743 LADYSLlPPER LN :HANHASSEN MN 55317 JEL W ROBERTSON & 731 CONEFLOWER CR V S 'HANHASSEN MN 55317 <\.MES E & JULIE M PERRONE 729 CONEFLOWER CRY S HANHASSEN MN 55317 LORIA KOUKAL 727 CONEFLOWER CRY S HANHASSEN MN 55317 ANIEL G & MERIDETH K ORVIS 125 CONEFLOWER CRY S HANHASSEN MN 55317 ILIA C OHMAN '23 CONEFLOWER CRY S flANHASSEN MN 55317 !\. VID D & NANCY R MCALPIN '18 BLUEBONNET BLVD ~ANHASSEN MN 55317 ~ELL Y D PARKER '20 BLUEBONNET BLVD :iANHASSEN MN 55317 "DREW J HUTSON '22 BLUEBONNET BLVD :iANHASSEN MN 55317 ERBERT L JOHNSON '24 BLUEBONNET BLVD .~ANHASSEN MN 55317 , COLLEEN KELLY PUTT 7726 BLUEBONNET BLVD CHANHASSEN MN 55317 GERHART G TOLLER & 7728 BLUEBONNET BLVD CHANHASSEN MN 55317 ADAM K & KRISTIN D PARKER 2101 BANEBERRY WAY E CHANHASSEN MN 55317 RHONDA R HAMMERQUIST 2097 BANEBERRY WAY E CHANHASSEN MN 55317 GREGORY M & JENNIFER A KRAH 2093 BANEBERRY WAY E CHANHASSEN MN 55317 JILL A PETERS 7622 CONEFLOWER CRY S CHANHASSEN MN 55317 JEFFREY G SILUS 7624 CONEFLOWER CRY S CHANHASSEN MN 55317 AMY J GAYER 7626 CONEFLOWER CRY S CHANHASSEN MN 55317 SCOTT D & ANDRlNE M DOCKEN 7628 CONEFLOWER CRY S CHANHASSEN MN 55317 WALNUT GROVE HOME RS 2681 LONG LAK ROSEVIL 55113 . Use template for 5160(1) WALNUT GROVE HOMEOWNERS 3065 CENTRE POINTE DR N ROSEVILLE MN 55113 WALNUT GROVE VIL ASSN 2681 LONG LA ROSEVIL MN 55113 WALNUT GROVE VILLAS SN 2681 LONG LAKE ROSEVILLE WALNUT GROVE VILLAS ASSN 2681 LONG LAKE ROSEVILLE CITY OF CHANHASSE 690 CITY CENT PO BOX 1 CHANHÂSSEN MN 55317 ~ . .' 3309.8 Regular GradIDg Requirements. Each applicaûon for a grading permit shall be accompanied by a plan in sufficient clar- ity to indicate the nature and extent of the work. The plans shall give the locaûon of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the fol- lowing informaûon: 1. General vicinity of the proposed site. 2.Limìûng dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading. 3309.9 Issuance. The provisions of Section 106.4 are applicable to grading permits. The building official may require that grading operations and project designs be modified if delays occur which -incur weather-generated problems not considered at the time the permit was issued. The building official may require professional inspection and teSÛDg by the soils engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to cooform to engineered grading. . APPENDIX CHAPTER 33 SECTION 3310 - GRADING FEES 3310.1 GeneraL Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopt~d by the jurisdiction. 3310.2 Plan Review Fees. When a plan or other data are re- quired to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table A-33-A. Separate plan review fees shall apply to retaining walls or major drainage structures as re- quired elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. 3310.3 Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table A-33-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in tbis code. There shall be no separate charge for standard terrace drains and similar facili- ûes. TABLE A-33-A-GRADING PLAN REVIEW FEES 50 cubic yards (38.2 10') or less ................................................................ No fee 51 to 100 cubic yards (40 10' 10 76.5 m') ....................................................... $23.50 101 to 1,000 cubic yards (77.2 10' 10 764.6 m3) ................................................... 37.00 1.001 to 10,OOOoubic yards (765.3 m' to 7645.5 m3) ............................................... 49.25 10,001 to 100,000 cubic yards (7646.3 m' to 76 455 103)-$49.25 for the fiss110,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 yards (7645.5 m3) or fractioD thereof. 100.001 to 200,000 cubic yards (76 456 m3 10 152911 m3}-$269.75 for the firsl 100,000 cubic yards (76 455 m3), plus 513.25 for each additiooallO,OOO cuhic yards (7645.5 103) or fractioo theroof. 200,001 cubic yards (152 912 m') or more $402.25 for the first 200,000 cubic yards (152 911 m3), plus 57.25 for each additional 10,000 cubic yards (7645.S m3) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans ............ 550.50 per bour· (minimum charge-one.half bour) I I . .Or the total hourly cost to the jurisdicûon. whichever is the greatest This cost shall include supervision, overhead, equip- ment, bourly wages and fringe benefits of the employees involved. TABLE A-33·B-GRADING PERMIT FEES' 50 cubic yards (38.2 m3)or less. .............................................................. $23.50 51 to 100 cubic yards (40m3 to 76.5 m3) ........................................................ 37.00 101 to 1,000 cubic yards (77.2 10' to 764.6 103)-$37.00 for the fllSl 100 cubic yards (76.5 10') plus $17.50 Cur eacb additioo- all00 cubic yards (76.5 m3) or fractioo the""f. 1,001 to 10,000 cubic yards (765.3 10' to 7645.5 m3}-$I94.50 for the fisst 1,000 cubic yards (764.6 103), plus 514.50 for eacb additiooall,OOO cubic yards (764.6 m3) or fraction tbereat 10.001 to 100,000 cubic yards (7646.3 m' to 76 455 m3)-$325.00 Cor the fllSt 10,000 cubic yards (7645.5 m3), plus $66.00 for eacb additiooallO,OOO cubic yards (7645.5 m3) or fraction thereof. 100.001 cubic yards (76 456 10') or more-$919.00 for the first 100,000 cubic yards (76 455 m'), plus 536.50 for eacb addi· tiooallO,OOO cubic yards (7645.5 m3) or fractioo thereof. Other lDspec:tioDS aDd Fees: 1. Iuspections outside of normal busincss $50.50 per bous2 boura........................................................·····..····..··· . kmisúmum charge-two boors) 2. einspcction fees assessed under provisions of 550.50 per hous2 Section 108.8 .................................................................. 3. Insr:ctioDS for which no fee is specifically 550.50 per bous2 indicated............... .._...................................... -....... ...... (misúmum charge-ooe-haJf hour) ( I . I ,"", I l111e fee for a grading permit authorizing additional work to that under a valid permit sball be the difference between the fee paid for the original permit and the fee shown for the entire project. :20r the total bourly cost to the jurisdiction, whichever is the greatest This cost shall include supervision, overhead. equipment, hourly wages and fringe benefits of the employees involved. 1'- ¡II ii' . ¡- ,'1 . :!I r I~' "il I jl 'I' I; . I / ~ ~~. J ------.. ~. }~ ; '--- 1 I I ;( p ..,. [I" ',:', :/'.' ..' ¡..,...¡i.... . .!:. i i.',' 1;1: i)' .~ ., . I ;i'l . ,~ .: l ¡I ,I'~' . ". 'I z L'I.,. u . .c. ,d\.~ '/'_ . iililï,iiiiilll!1 I iJUifdi!fll'I"t ! I :!II' Ii.. I !:il! I I UI !r I, H!I! :Is ~ g!p¡¡ J$ I¡:~ . ...... /// - iii ii' IIIIII ! I,i! ! IliI;~ I &1 ,I I I i'.1 &1 I. ... ~ ...... ... PIDrr GaIIUfG. nauua. . D08IOIf COH1'IIoL PI.AJf VAN DE VElRE PARCEL II SATHRE-BERGQUIST. INC. ,., .. 1103IOUIIIRIIDIIII1"~__I'('12)4"""'" ..... ;/ -.- LARRY ole BETTY VAN' DE VEIlU!: PABCEL c . . PUBLIC WORKS DEPARTMENT \ ....,¡.... - Carver County Govemment Center Administration Building 600 East Fourth Street Chaska, Minnesota 55318-2192 Phone (612) 361-1010 Fax (612) 361-1025 Administration Parks Engineering Highway M3intenance Surveying &. Mapping CARVER COUNTY March 23, 2000 To: From: Subject: David Hemple, Assistant City Engineer, City of ChanhassE1{1 Bill Weckman, Assistant County Engineer [J11 V Interim Use Permit - County Road 17 (Galpin Blvd.) :..0/" Planning Case. 00-1 Interim Use Permit We have reviewed the information regarding the proposed interim use permit to haul 50,000 cubic yards of excavated materials on the property located at the northeast corner of TH 5 and Galpin Blvd. as transmitted to Carver County by your memorandum dated March 15, 2000. Galpin Boulevard is on the County Road system (County Road 117). Carver County does not object to issuance of this interim use permit Items to consider before issuing the permit include the following: . A bituminous overlay of Galpin Blvd. north of TH 5 is included in the Carver County 2000 construction program with a scheduled bid letting of April 1 O. The overlay would start north of TH 5 at the northerly limit of the proposed TH 5 work. It is anticipated the work will be completed sometime in June or July 2000. . Carver County assumes the trucks hauling this material will enter the site from Galpin Blvd. south of the proposed overlay work. If trucks are hauling from the north, there needs to be some coordination with Carver County regarding the scheduling of the hauling. . Carver County would expect either the City or the contractor to be responsible for keeping Galpin Blvd. free of dirt, mud and other debris that may be dropped on Galpin Blvd. as a result of this hauling. If this permit were issued we would like a name and phone number for the party responsible for keeping the road clean along with a proposed hauling schedule. Thank you for the opportunity to comment on this proposed interim use permit. If you have any questions regarding these comments, please call me at 612-361-1010. CITY OF CHANHASSEN 1Æ1E©~I!W~1Oi MAR 2 4 2000 ENGINEERING DEPT, .-Vjìrmmi~·e Action/Equal Opportunity Employer ..' , - Planning Commission Minutes - April 5, 2000 PUBLIC HEARING: LARRY VAN DE VEIRE FOR AN INTERIM USE PERMIT TO HAUL 50,000 CUBIC YARDS OF EXCAVATED MATERIALS ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF TH 5 AND GALPIN BLVD. Dave Hempel presented the staff report on this item. Kind: I have a question Mr. Chair. How far into the 40 foot setback is this going to be? Hempel: Up to the edge... Kind: So is that 30 feet? Hempel: That would be, actually it'd be 40 feet. We have a 10 foot buffer and 40 foot setback and they are proposing... Fill the slope of the wetland setback is here... Kind: Really? Okay. Just not filling. Burton: I have a question. 50,000 cubic yards of material, and I assume that's soil, right? Hempel: Clay like material, yes. Burton: Okay. Do we want to limit it to that type of material? It says that we're approving, if we pass this as suggested, we'd be approving a permit with conditions but I don't see anywhere in the conditions where it talks about 50,000 cubic yards of materials or what the material would be. I'm wondering, does that encompass in the permit, which I don't see. Hempel: Very good point.. .specify clean fill material. That would qualify clay like material or topsoil. .. . concrete and asphalt... Blackowiak: ... the diagram. Hempel: The site is... Commissioner Sidney asked a question of Dave Hempel. Hempel: It does vary throughout the site. On the westerly edge of the property along Galpin Boulevard. . . approximately 4 feet. And as you get closer to the wetland and you grade the slope.. .18 feet. The property slopes... Kind: I had one more that I thought of. The public works from the County, the letter talked about the applicant should be responsible for keeping Galpin Boulevard free of debris and such. I did not notice that as a condition. Would you be agreeable to that? Would you suppose that? Hempel: I believe it is an important part. . . Kind: Okay. Hempel: All streets as a result of this. . .Every 24 hours they have to... Conrad: Are the hours of operation standard? Can those be extended? Are they typical? Hempel: Yes Mr. Chairman. They're the standard construction hours. Conrad: And you didn't put a time limit on the two. There is a date of November 15'\ but really you dido't really, what are we trying to do here? Are we trying to spread it out? Are we trying to, how are we controlling? Hempel: I won't speak for the application but from previous conversations we've had... Conrad: Okay, any other questions of Dave? Is the applicant here? Comments from staff report or anything else? Larry Van De Veire: Larry Van De Veire, the applicant for the fill. Fill permit. I don't know what I can add but if! can answer any questions... Blackowiak: Sure a couple. How many truck loads is 50,000 cubic yards? Larry Van De Veire: It depends on how you bring them in. I guess I didn't figure it but it's a lot ofloads. It's a lot of truck loads but I don't have it calculated. Conrad: Typical truck load is? Larry Van De Veire: Oh, a tandem will haul 15 yards. Blackowiak: 15 cubic yards? Larry Van De Veire: Yeah, if they come in with an end dumper or something like that, you'll haul 24. It's a considerable amount. Blackowiak: So a lot of fill. Okay. Larry VanDe Veire: And I guess that's one of the reasons you asked about the length of the permit. There's a considerable amount to be had right now, 40 out of the 50. I'd like to accomplish it as soon as possible but it is a lot of fill, of clean fill that a guy has to generate. Blackowiak: So do you have an estimated completion date at all? Larry Van De Veire: No. Blackowiak: As soon as possible I'm assuming for you. Conrad: And what would that run, a minimum. You've got 40,000... Larry VanDe Veire: Again it depends on the projects themselves. I guess I haven't looked at the other project to see if the fill has been stockpiled and we can just haul it out of there. It all depends on where it's coming from. This is a close haul but I don't know how long it will take to load and how many trucks a guy can put on it. So I really don't know. I guess I was anticipating a month, something giv~ or take, if you could get a number of trucks on there. Conrad: It's a public hearing... Hempel: I remembered what I was going to state... Interim Use Permit is good for one year. The applicant can request an extension to that... Just getting back to the time frame... 25 loads a day... 100 days, 3 months. Ladd Conrad asked a question of Dave Hempel. Hempel: Filling a hole. The edges, there's sheet draining off the site... Larry Van De Veire made a comment from the audience. Conrad: This is a public hearing. A motion to open the public hearing. Kind moved, Burton seconded to open the public hearing. The public hearing was opened. Conrad: Would anybody like to comment? Matt Bosen: My name is Matt Bosen. I live at 77.. . Court which is the Walnut Grove Association. Which is on the north side of the future expansion of the highway. Northeastern. I didn't get the staffreport. Ijust have a few basic questions and it has to deal with standard operating hours. Because there are a lot of condos that are right on the other side of those woods right now and we've got a lot of people coming in and out on Galpin there. I'm a little concerned with all these trucks hauling in and out, that it's going to create a traffic nightmare in my mind. I'm also wondering about obviously time. I don't know if they're working Monday to Friday or Saturdays as well. I'm also worried about the duration ofthis project. I'd like to see it completed as soon as possible. We can't stop it obviously from our Associations point but I don't want it dragging on for a few years.. .so those are just my comments and questions that I would like to see answered. Conrad: Matt, the staff report talks about 7:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 to 5:00 on Saturdays so that's what I was questioning with staff, are these typical and the comment back to me was yes, that's typically what they allow haulers to do. .. .Larry, what's your cap? You're going to run Saturdays if you can or is your preference Monday through Friday or what do you do? Larry VanDe Veire answered the question from the audience. Conrad: And I'm not trying to negotiate anything here. That's not my role but again, you hear what we're saying right now. That's the condition right now. Noise is a factor. Safety is a factor in terms of truck traffic. It's a question of balance. I think I heard that he wants to move as much as he can in right away, which is kind of cool. That's pretty... Matt Bosen: Oh yeah, I understand. Where are the trucks going to be entering? Entering on Galpin or... ? Larry VanDe Veire stated the trucks would be entering off of Galpin. Matt Bosen: The other concern that I do have, you mentioned that aU the streets are cleaned. I hope that that. . .I know we are a private association. .. The dirt would come that way through the trees. .. Conrad: Are you the President of the Association? Matt Bosen: I'm the President. Conrad: ...then we almost have to give you that job of being the monitor. You know seriously. Staffs not going to be out there and it sounds like we're trying to do the right thing here to get the fiU in quickly and whatever. Matt Bosen: That's fme by me. Conrad: But you're going to have to be the guy that talks to Dave and then make sure. He wants to get it right so.. .one ofthose communication deals. It's not a place where we can make a motion.. . Matt Bosen: Ijust wanted to cover those things... Hempel: Mr. Chairman I'd like to add something. Trunk Highway 5 project is scheduled to be bid on... You're going to have MD.Dot construction going on... Again, there's a lot of other trucks going on. .. Shirley Engh: Good evening. Shirley Engh, 7642 Prairie Flower Drive in the Walnut Grove. I didn't know how many questions you aUow but I guess... I remembered discussion about 2 or 3 months ago about an attractive gateway to... I've seen some ofthose barriers. In a very short time they're broken down and... And with respect to today's weather, what happens when we have that kind of weather and there's big drift piles out there and the dust begins to blow over the highway, over to... There was a situation of that last sununer with the construction going on out... The time limit. You say one year. Is that one year to be filling this in? Is it one year that that pile is going to remain there? .. .Then say the pile comes in and stays there for years... Say he goes out of business, what happens with that pile there? Who's responsible to get rid ofit... Traffic again... Environmental study... Conrad: There are a lot of things that we can't legislate or put into a motion so, but there are people that can do stuff. Dave would be that one. There were about 6 or 7 things...3 or 4 of those I think, you can be the monitor of.. . give Dave a call and say it's not working. I see... Dave's going to be the one.. .you've got to call Dave. That's okay. You said it's a big project and it is. That's a lot of dirt. I think you haven't seen the staff report. There are some conditions in here that I think if you saw it, if you haven't seen it, you can ask staff tomorrow for a copy of it. It might reassure you that there are conditions in place that really take care of some of these things. But again, it's not where rules...where you talk to Dave and you said this, I heard you at the Planning Commission meeting. You said... But on the other hand it's a long project. There's still time to solve some things so again, take a look at the staff report. I think, I'm not trying to take away all the things that you said... Blackowiak: One thing. It's not necessarily going to be a big pile of dirt. They're filling in the hole. Well they're talking about 18 feet in the center of fill. And yet I don't, it's enough...a fairly flat pad. Conrad: It will be flat as a result of this fill. Blackowiak: Yeah, that's the impression that I got. There's not going to be this huge pile of dirt. It will be.. .so if that helps at all. I don't know. Conrad: Any other public comments? Okay, a motion to close the public hearing. Burton moved, Kind seconded to close the public hearing. The public hearing was closed. Conrad: The public hearing is closed. Kind: One of my questions related to operational hours. The subject of the school came up. The school my daughter goes to. And there's a lot of school buses. And at peak hours... Is it unusual to suspend trucking during those times? Would that be a reasonable thing to ask? Hempel: Weill would think. . . Kind: The morning start time at school is 9: 15. That would be a prime hauling time... What do you think about suspending it for a half hour or a period there? Hempel: From a trucking standpoint, contractor's standpoint, it'd be unusual... It may be possible but.. . Kind: Alison showed me the math and it's over 2,500 truck trips and I just, I see school buses and trucks at the same intersection and it seems like a nightmare but it's just something that I thought of. I'm not sure. Blackowiak: Well you know Deb, I'm not concerned at all. Kind: Okay. Blackowiak: They're going west and north on Galpin and they're going in and going south when they're coming out. Kind: There's school buses though. Blackowiak: Yeah...! don't think there's going to be a lot of. Kind: With the traffic signal there., .there was a bad accident there with a truck and school bus... showing my age here but I think there wasn't a signal there at the time... Conrad: Anything else? Any more comments? .. .motion? Blackowiak: I'll make a motion the Planning Commission recommend approval of Interim Use Permit #00-1 with the following conditions, I through 12. I would like to modifY condition 8 to add the phrase, special attention be paid to the eastern side ofthe site near the creek. It's one of those he has to do a silt fencing plus hay bales or whatever it's going to take, let's do it on that side. I'll add condition number 13. That the 50,000 cubic yards is of clean material only. No concrete, construction debris, anything like that. And condition 14, keep clean all streets as a result of hauling activities. Kind: Second. Conrad: Any discussion? Blackowiak moved, Kind seconded that the Planning Commission recommends approval of Interim Use Permit #00-1 subject to the following conditions: 1. The applicant shall provide the city with a letter of credit in the amount of $1 0,000.00 to guarantee erosion control measures and site restoration and compliance with the interim use permit. 2. The applicant shall pay the City $589 for the grading permit fee. In addition, the applicant shall pay for all city staff and attorney time used to monitor and enforce the interim use permit. The inspection fee shall be billed at a rate of $50.50 per hour. 3. The applicant shall obtain and comply with all permit requirements of the Riley- Purgatory- Bluff Creek Watershed District and Carver County Public Works. 4. The applicant shall supply the city with a mylar as-built survey prepared by a professional surveyor registered in the State of Minnesota upon completion of excavation to verifY the grading plan has been performed in compliance with the proposed plan. 5. All disturbed areas as a result of construction shall be restored with topsoil, seed and mulch within two weeks after grading is completed or November 15, 2000, whichever occurs first. 6. Noise levels stemming from the operation are not to exceed the MPCA and EP A regulations. If the city determines that there is a problem, the applicant shall pay for warranting such tests. 7. Hours of operation are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with work not pennitted on Sundays or legal holidays. 8. Prior to starting grading activities, erosion control measures shall be installed, inspected and approved by staff with special being paid to the eastern side of the site near the creek. 9. All disturbed areas as a result of construction shall be seeded and disc mulched within two weeks of grading completion. The interim use permit shall expire one year from the date of City Council approval. The applicant may submit a written request to the city for renewal of the permit up to 45 days prior to the expiration date of the permit. 10. A landscaping plan shall be prepared for the "Landscape buffer" area around the wetland. This plan shall be consistent with the species in the BCWNRP. 11. Importing of material is restricted to the approved haul route. No hauling shall be permitted on any street not designed as a haul route. Traffic control signage will be required in accordance with the Minnesota Manual on Uniform Traffic Devices - Appendix B for staff review and approval prior to site work commencing. 12. The site shall be graded in accordance with the plans prepared by Sathre-Berquist, Inc. dated January 14, 2000. 13. The 50,000 cubic yards shall consist of clean fill material only. No concrete or construction debris. 14. The applicant is responsible for keeping all streets clean as a result of hauling activities. All voted in favor and the motion carried unanimously.