Administrative Section
ADMINISTRA TIVE SECTION
Memo from David Braslau regarding the Lewis Engineering Noise Control Study
Memo from Cynthia Kirchoff, Planner I, dated November 4, 1998.
Letter from Jeff Gadbois dated October 27, 1998.
Letter from Terry Forbord, Lundgren Bros. dated October 22, 1998.
Pictures of Progress of the Trail System.
10/30/98 10:30 TEL 612 331 4572
DAVID BRASLAU AS
141001
David Braslau Associates, Inc..
1313 5th Street S.E. Suite 322 Minneapolis. MN 55414
Telephone: 612331-4571 Fax: 612 331-4572
FAXF AXF AXF AXF AXFAXFAXFAXF AXF AXFAXFAXFAXF AXF AXF AXF AXF AXF A,'(F AXFAXFAXF AXF AXF AX
ATIENTION:
CYNTHIA KIRCHOFF
COMPANY NAME: CITY OF CHANHASSEN
PHONE #:
937-1900 x 117
FAX#:
937-5739
Number of pages including this cover sheet (-3-)
FROM:
David Braslau
DATE:
30 October, 1998
SUBJECT:
Lewis Engineering Noise Control Study
Attached is a revised work scope which I feel will provide the minimum infonnation
needed for the City to present to Lewis Engineering or the City of Chaska. As I
mentioned during our site visit, the control of noise is not as simple as blocking off light
since the wavelengths are much longer and it can bend around barriers and take a mmlber
of paths. The attached work scope would generate to alternative sound wall concepts,
one adjacent to the working area and another on the berm. Some time is needed to
estimate sound source levels from previous data since measurements camlot be made
under the tight budget constraint. I looked at the video tape and see that the street cleaner
for the site is also a major problem. I am not charging for my site visit, but I do not think
that any meaningful work can be done for less than $2500. This would provide at least
two alternatives for evaluation and discussion. There are likely to be follow-up
questions on the barriers that are not included in the attached work scope, since these can
require considerable time. Time for meetings to review or discuss the wall alternatives,
subsequent liaison with the City or Lewis Engineering, assistance with detailed design
and liaison with design firms, and evaluating additional alternatives such as height and/or
length variations would be above and beyond what is included in the attached scope.
-
In order to proceed with the study, some additional information will be needed as shown
on the attached site plan. Please call to discuss these information needs or the work
scope. Thanks.
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS
POSSIBLE!
E:\job\9S083\cha!1 I 030- fax.doc
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90 City CeIlterDril'e, PO Box 147 FROM:
Cbilllbas.rell, }vfilllll'.rotil 55317
PboIl1'612.937.1900 DATE:
Gmem/ hlX 612.937.5739
[Ilgilleerillg hlX 612,9379152 RE:
l'Jub/it' Slifet)' hlX 612.934.2524
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CITY OF
CHANHASSEN
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MEMORANDUM
TO:
City Council
Cynthia Kirchoff, Planner I
November 4, 1998
Complaints regarding home business and outdoor storage,
550 Indian Hill Road
Attached is a letter from a resident on Bent Bow Trail concerning a neighbor on
Indian Hill Road. This situation has a history, therefore, staff felt it appropriate to
offer a brief background.
Planning and engineering staff have been receiving complaints from neighbors
regarding a contractor's yard, outdoor storage and unauthorized earthwork at 550
Indian Hill Road since May 1997. The property owner has been cooperative with
staff as miscellaneous debris have been removed and the seeding of the site has
taken place, yet the complaints persist.
Perhaps the foremost issue is that Mr. Flugum is operating a contractor's yard on
a residentially-zoned property. After reviewing the evidence in 1997, the city
attorney's office determined that the property owner could not be prosecuted for
operating a contractor's yard. Staff notes that currently the only physical
evidence is one dump truck stored on the site. Initially, Mr. Flugum had two
dump trucks stored on the site, however, he was directed to relocate one to an
appropriate site in 1997. The secondary issue is the outdoor storage of personal
and recreational vehicles. The ordinance does not limit the number of cars and
light trucks that can be stored on the private property, however, they must all be
licensed. During the last inspection, staff noted that they were all currently
licensed. Mr. Flugum has also been directed to store recreational vehicles in the
large shed located in the rear yard.
Attachment
I. Letter to Don Ashworth from Jeff Gadbois dated October 27, 1998
(UJi1i;1!!1110' l{'iff, dedi)
dOl/'lltoil'n, t/lril'iw, bfllillt'l(l'( 1;'r/ll","lt;r:III. '})." 4'
(_'., "OF ...J'., (I.,; ,)I;}l1I A... ~
IIndp/fI)'
REGEtVEU
OCT 2 8 1998
October 27, 1998
CITY ('I~ r.1-lA,l\IL-\A.~~F~1
Don Ashworth, city Manager
city of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Mr. Ashworth:
I'm writing to bring you up to date on zoning and nuisance violations at
550 Indian Hills Road (Mr. Eric Flugum). When I built my home in 1993, I
was aware of the pole barn on this property, and saw no basis for concern
with the over the road truck he kept and maintained inside. But in the past
two years, Mr. Flugum has changed his home business to a contract-hauling
type business that has moved from the pole barn to the surrounding portions
of his property. Trees were cut down and truckloads of fill were brought in
to create a staging area for the loading and unloading of dump trucks and
semis. Much of the fill and clearing was done illegally well beyond his
property lines onto my property and the lot at 6363 Oxbow Bend. Numerous
conversations with the city planning department were somewhat helpful in
the removal of debris from the property, but I was told the trespassing and
damage to property were civil matters, and not a concern for the city.
Upon consultation with an attorney, I was advised that I had a significant
case against Mr. Flugum and perhaps the city, but the time and cost of such
a lawsuit made me look for alternative solutions.
I've discussed my concerns with Mr. Flugum on numerous occasions. "Mr.
Flugum seems eager to discuss these issues, but has rigidly refused to
alter the way he conducts his business or maintains his property. The
concerns over this property have been discussed with the planning and
sheriff's department numerous times by myself and other neighbors with only
incremental improvements at best.
I've cited the following ordinances as the basis for my concerns:
Section 7-45: Operations, Noise, Hours, Explosives, Dust, water pollution,
Top Soil Preservation
(2) "Hours are restricted to 7: OOam to 6: OOpm Monday thr'./'gh Saturday and
not allowed on sundays."
-There are regular dumping and bobcat operations at all hours of the day
and night, including Sundays.
Section 12-7: Truck Routes:
(d) "Truck routes shall consist of the following streets:
1) All designated US Highways
2) All designated State Highways
3) All designated County Highways."
_ Mr. Flugum's residence is not on any of the above highlvays. I'm aware
that special permits can be issued to al~ow for residents to drive large
trucks of this kind on non-compliant roadways as long as they agree to pay
for damage to the roadway. To my knowledge no such permit has been issued.
Section 13-1: Nuisances
(1) "Annoys, injures. Or endangers the health, safety, or comfort, or
repose of the public."
-The operation and storage of durrp trucks and earth-mov~ng equipment can
certainly be regarded as an annoyance, and creates a clear danger to the
many children in surrounding homes that may be playing in the area.
(4) "Depreciates the value of the property of the inhabitants of the city."
-In the spirit of full disclosure to a potential buyer, I can only assume
that the view and noise from this operation would have create significant
devaluation of my property over similar homes in the area.
Section 13-2 Illustrative enumeration
(6) "Dense smoke or noxious fumes or odors..."
-The durrp trucks operated on the property are diesel and are left to idle
for extended periods, creating considerable odor.
(14)". ..caL;sing or permitting any unnecessary noise or vibrations."
-Likewise, the droning of the bobcats and rumbling of the durrp trucks can
be heard ~TIen all the windows are closed in my home.
(17) (c) (7) "The piling, storing, or keeping of old mac0.J. "ery, wrecked or
junked vehicles, or other junk or debris in open spaces."
-The number of cars and trucks varies. At one point last summer, there were
5 different vehicles left parked on the premises in various conditions, as
well as piles of scrap metal, car parts, and large piles of gravel and/or
sand.
(17) (c) (11) "All dangerous unguarded machinery or other property in any
public place or so situated on private property so as to attract minor
children."
-A construction trailer, a bobcat, earth-moving attacrJrlents, and at least
one durrp truck is parked outside on a on-going basis.
Section 20-910 Zoning: Storage of Recreational Vehicles
(1) "No more than one (1) recreational vehicle may be parked or stored
outside on a residential lot."
-There were two boats, a stock car, and a "big wheel "-type pick-up parked
on the premises at last check.
Section 20-951 Zoning: Noise
"Noise shall be muffled or otherwise controlled so as not to become a
nuisance."
-The bobcat and durrp trucks may well be muffled, but not to the point where
normal conversation can be held in my back yard during their Use.
Section 20-955 Zoning: Nuisances
"No land, existing building, or propos.:d structure shall be used or
occupied in any manner creating dangerous, noxious, or otherwise
objectionable conditions which could adversely affect the surrounding
area."
-The pole barn in and of itself is not a nuisance, but the yard that's been
cleared and filled around it used for the staging of vehicles and the
durrping, loading, and storing of materials certainly is a considerable
nuisance, and is the hub of Mr. Flugum's business operation.
Section 20-978 Zoning: Occupations Permitted
(6) "contractor's yard/landscaping businesses are prohibited for home
occupations."
-As demonstrated
activity at the
undoubtedly falls
by the equipment and
property the past
under this category.
materials on the premises and the
two years, Mr. Flugum's business
Section 20-1102 Parking of Trucks in R-Districts
"No trucks or other commercial vehicle with multiple axles shall be parked
on any residential premises or street in any R-District overnight; provided
that nothing herein shall prevent the parking of such vehicle in a fully
enclosed garage or similar permanent structure."
-Tandem-axle durrp trucks and trailers have been parked outside overnight on
a daily basis for at least the past two years.
I feel its time for the city to enforce the zoning and nuisance ordinances
in violation at this property. This has gone on far too long. The safety
and quality of life issues endured by surrounding homes the past two years
have been significant and unnecessary. I'm aware that development of an
area can lead to a clash between rural and suburban landscapes, and that
patience, understanding, and compromise are needed. But '," this instance,
Mr. Flugum's backyard contracting business was started well after the area
had become built-up with homes. He has operated this business with complete
indifference to his neighbors and the zoning and nuisance ordinances, and
its time for it to stop.
Sincerely,
~//Z'~i7z&~~
Jeff Gadbois
6359 Oxbow Bend
Chanhassen, MN 55317
474-7521
cc: Nancy Mancino, Mayor
~
~
Your NeIchborhood Builder
Honorable Mayor Nancy Mancino
And Members of the City Council
City of Chanhassen
690 Coulter Drive
Chanhassen, Minnesota 55317
October 22, 1998
Dear Mayor and City Council Members,
Every so often I get the opportunity to do something professionally that just brings
me a lot of joy. This letter is just one of those doings. On behalf of Lundgren Bros.,
I would like the City to know how much we have enjoyed working with Don
Ashworth during all the years he has served the City of Chanhassen as its Manager.
We have always respected his position, fairness and his efforts.
lOne 612.473.1231
eX 612.473.7401
Over the years, we routinely worked together to find solutions to problems, or to find
a better way to get something done. Sometimes it was big items, like getting the
Near Mountain PUD approved, or helping us with the Highland's annexation matter
with the City of Victoria . Other times his assistance was more casual like allowing
the mailing of City Council agenda's, Something he personally got involved with
because he thought it was right. Usually, ifit made sense for the City, he would
support it and help it along. For all of this we are very grateful and I will miss his
advice and help.
15 East Wayzata Boulevard
'ayzata, Minnesota 55391
Jder license No. 0001413
I just wanted you all to know that we appreciate the contributions Don has made to
the building of a better community. We will miss working with him and we hope the
City of Chanhassen takes the time to recognize his many contributions and
accomplishments, We believe he deserves a lot of credit for helping make the City
of Chanhassen what it is today.
Sincerely,
c=.-....,
;.\ . '- ------- .
.~~~--~
Terry Forbotd----.-=>
President-Lundgren Bros. Land Development
';~ t-::{~~ ~G !\IF f)
'q :;> f{ 1998
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CITY OF
CHAHHASSEH
Pictures ot Progress
SEGMENTS OF CHANHASSEN TRAIL SYSTEM
BEFORE
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