Visitor Presentation C I TY OF
/,
, CHANHASSEN
_1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
August 5, 1992
Mr. Don E. Halla
10000 Great Plains Blvd.
Chaska, MN 55318
Dear Mr. Halla:
By this letter, your fax of July 31, 1992, is being forwarded to the Mayor and City Council. I
should also note that verbal presentations are welcomed as a part of regular City Council
meetings, i.e. a "Visitor Presentation" section is included as a part of each agenda. The City
Council regularly meets on the second and fourth Mondays of each month.
Thank you for your correspondence.
Sincerely,
(141(A)-f-‘-tk
Don Ashworth
"Sit,'� City Manager
� � DAI
Ipc: Mayor and City Council
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FROM HPLLP NURSERY INC. 7.31. 1992 14:08 P. 1
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"LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS"
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10,000 Great Plains Blvd.,Chaska, Minnesota 553113
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3 Milos South of Chanhassen on Hwy.101
Date: 7-3/ - 9 Phone 612-445-6555
FAX 445-6557
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FROM HALLA NURSERY INC. 7. 31 . 1992 14:09 P. 2 -
July 30 , 1992
City of Chanhassen Don E. Halla —
690 Coulter Dr. 10,000 Great Plains Blvd.
P .O. Box 147 Chaska, MN 55318
Chanhassen, MN 55317
ATTN : Don Ashworth
City Council
Subject : Environmental concerns and maintenance of an erosion —
control structure .
Request : Let us continue with the maintenance as we did for 18
years before your enactment of Ordiance 128 . —
An erosion control structure, located on nursery farm land at
Highway 101 and Pioneer Trail , was built in 1972 . The structure
was maintained as needed from 1972 to 1990 . There were never any —
problems that developed which were not easily corrected by us .
In 1990 the City of Chanhassen enacted a grading permit ordinance
which prohibited us from correctly maintaining the structure.
This ordinance has caused a severe reduction in maintenance —
leading to a very weakened control structure. We feel the
erosion control structure could wash out at any time.
There is no economic gain which can be derived to us by its —
maintenance. We have done the maintenance because our business
ethics demand that we be good stewards of the land . It ' s purpose
is for environmental benefit to the land and city .
The erosion control structure was built to stop the continuing
erosion of soil and control silt . It is at the head of a very
deep ravine which is active on each side . However , due to this
erosion control structure, the ravine is not making forward —
progress .
Our proposal is to have the city allow us to be good stewards ,
environmentalists, and citizens .
I will not spend large amounts of money to do this as no economic
gain will develop from it .
I request an opportunity to appear on this matter before the City
Council as a last ditch attempt to solicit reasonable help in
solving an environmental concern. Otherwise the structure will
wash out . —
I will not fight any more to do what I know is right . If no one
else cares why should I care. We have had offers for free fill
and grading which has been stopped by the city each time. `"
Why would anyone create an ordinance that has the effect of
harming the land and environment rather than preserving it? You
are in control . I hope you make the right decision. —
Sincerely,
;210103.1%. e
Don E. Halla
C I TY 4F
C IIANIIASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
July 31, 1992
Mr. Mark Halla
_. Halla Nursery
10000 Great Plains Boulevard
Chaska, MN 55318
Dear Mark:
You recently requested administrative approval to allow additional fill to be placed on your
property in the vicinity of the dam. The City Engineer and I discussed this matter at length
and determined that we could not authorize approval of the request which was verbally
related to us. We have several reasons for this refusal. City ordinances allow staff to issue
up to 1,000 cubic yards administratively. As you are aware, we have already authorized you
to place material on this site and you completed this work in 1990. According to my files,
you contacted me last summer asking for another 1,000 yards and I rejected the request at
that time, noting that we already approved this once and that a grading permit reviewed by
the Planning Commission and City Council was required. I am attaching a copy of an update
memo that I sent to the Planning Commission on our conversation dated August 21, 1991.
_ As you are also aware, you applied for an interim use permit to place 100,000 cubic yards of
fill on the property in 1990. This request went to the Planning Commission and was
recommended for approval by them with conditions proposed by staff. You withdrew your
application prior to its being heard by the City Council due to your apparent disagreement
with the conditions of approval.
Lastly, we note that although you are obviously familiar with the city's position on grading
for this site, you illegally authorized additional fill material to be hauled in. This activity was
uncovered by Engineering Department staff. When they stopped the front end loader operator
and discussed ongoing fill activity with him, he indicated that he was instructed to tell city
staff "to go to hell." I am enclosing a copy of a letter that was forward to Roger Knutson,
City Attorney, on this matter. In short, you have had full knowledge of the city's procedures
with regard to filling for a number of years and have chosen to violate them. The city's
position on this is that we would recommend approval of fill designed to stop erosion and
t 4, PRINTED ON RECYCLED PAPER
Mr. Mark Halla
July 31, 1992
Page 2
maintain the dam structure as outlined in the 1990 staff report. We have bent over backwards
in the past to work with you on this matter. We will, however, require that plans to fill this
area be designed by a professional engineer so that a stable dam structure can be made and _
that plans be designed to minimize environmental damage. City ordinances require that such
plans be approved by the Planning commission and City Council. We are available at your
convenience to work with you on gaining approval of such plans such you decide to move
forward.
Sincerely,
cz.&,
Paul Krauss, AICP Charles Folch
Planning Director City Engineer
Enclosures
pc: Roger Knutson —
Plann' g Commission
LgriCouncil
IUP #90-3 —
t--;&
CITY OF
r
1' . ;- , CHANHASSEN
j - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
July 20, 1992 •
Roger Knutson
Campbell, Knutson, Scott & Fuchs
1380 Corporate Center Curve
Eagandale Office Center, Suite 317
Eagan, MN 55121
Re: Illegal dumping on Halla property
Dear Roger:
The following is an account of the events leading to the Stop
Work Order issued for Outlot Be Great Plains Golf Estates.
Dave Hempel observed dump truck traffic entering the site on
Pioneer Trail at 9: 30 Fridaynorning, 7/17, and requested the
Inspections Division to observe thessite during the day.
Charles Folch called Halla Nursery and left a message for a
return call which he did riot receive son Friday.
Steve Nelson observed loaded dump trucks entering the site at
3 : 00 the same day and requested an inspection by Dave Hempel.
Steve and Dave both_.entered the property after observing a
number of loaded trucks entering and leaving empty. A loader
operator was advised to discontinue pushing fill since no
permit existed .tor _filling. ^He refused, stating "I was told
to tell you _if you showed up to go to hell". Steve requested
me and a Deputy-to-the scene. -Steve-also indicated -to the
equipment operator that he would be issued a citation if he
continued working:= . .. _
I was riding with Steve Torellandarrived at about 3:20 and
advised The equipment operator that he would be issued a
citation if he continued working.. At that time he shut down
the loader. The deputy arrived, and we turned back two
trucks without permitting them to dump.
I left for City Hall with Steve Nelson to get the camera,
leaving Dave and the deputy, Tim Robbins at the entrance to
the site. They reported turning back a few more loaded
trucks.
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- City of Chanhassen
- 937-1900
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CITY O F•
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
TO: Halla Grading/Interim Use Permit *90-3
FROM: Paul Krauss, Planning Director
DATE: August 21, 1991
SUBJ: Update
This memo outlines a series of telephone calls that occurred on or
about this date between staff members, Mark Halla, of Halla Nursery
and myself. After speaking to several staff members who had been -
contacted by the Hallas, I put in a call to Mark Halla myself. His
request to other staff had been for the City to allow the placement
of an unknown amount of fill material on their property. The site
where the fill would be placed is a 'dam that was constructed by the
Hallas in one of the reaches of Bluff Creek. The dam has been in
place for a number of years.' It was damaged by the 1987 super
storm and last year I administratively authorized the placement of
the maximum of 1, 000 cubic .yards allowed under the ordinance for
administrative approvals to stabilize the structure and improve
drainage. This was basically done on an emergency basis and it was
clearly indicated at that time to Don Halla that no further grading
would be allowed without an interim use -permit.
In responding to Mark Halla's request, I: indicated that I was not
in a position to authorize the depositing:;of any more fill on this
property. I indicated that Don Halla had made an application for
an interim use permit-toldeposit additional fill on the site but -
had pulled his -=,request :prior:::-to _-Planning Commission and City
Council action,after he read the conditions of the staff approval.
Staff has long been concerned that the Hallas are using this area as a dump site and that -unregulated fill could create a hazard from
an unstable dam, causing environmetftal= damage due to tree loss and
would result in extensive erosion'damaging downstream waters. _
Mark Halla indicated that Shafer Contracting, the Highway 5
Contractor, has indicated a willingness to deposit fill material on
the property. I indicated to Mark that I was not in a position to -
act favorably on this request and that it would take approximately
2 to 3 months to gain approval. I further indicated that Don Halla
could have had approval to modify this site in a manner consistent -
t 1, PRINTED ON RECYCLED PAPER
• Halla Nursery
- August 21, 1991
Page 2
with the ordinance over 10 months ago had he proceeded with the
application he initially made.
While the grading ordinance allows me to issue permits of up to
1, 000 cubic yards in a calendar year, it does not require me to do
so. In this instance, I clearly feel that I would be remiss in my
responsibilities if I allowed filling to occur on a continuing
basis whenever the property owner so desired. I believe it is
clearly in the best interest of the city as well as the Hallas to
develop a professionally engineered grading plan that stabilizes
the structure with the minimum environmental damage.
Earlier today, I also received a call from Paul Neumann from Carver
Soil Conservation Service. He has worked with the Hallas from time
to time on this matter. The Hallas contacted him and he called me
to indicate that he also had a concern with unregulated fill on
this property. It was his recommendation that no filling be
allowed to occur until a professionally engineered plan was
submitted and approved.
pc: City Council •
Planning Commission