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CC Minutes 9-28-09Chanhassen City Council – September 28, 2009 Councilman Litsey: Absolutely. Mayor Furlong: Got to love the Chief. Let’s move on with the other items on our agenda. MOON VALLEY, 100 & 220 FLYING CLOUD DRIVE: REQUEST FOR RENEWAL/ EXTENSION OF INTERIM USE PERMIT (GRADING); APPLICANT: TERRY BROS., MOON VALLEY, LLC. Paul Oehme: Thank you Mayor, City Council members. I’ve just got a brief presentation regarding this extension and renewal permit request. Just so everybody’s familiar with the location of the project. The project is located just north of Flying Cloud Drive and south of the Hennepin County trail system here and just east of 101. Say about a half mile or so, so it’s just in general the project location. So just a little history before we talk about the extension of the permit. In 1992 an earthwork permit was granted to the property owner by the City for mining operations. Then in 1996 a permit agreement was executed to resolve the mining and operations, the restoration conflicts and issues regarding the property. Then in 2004 a 5 year interim use permit was granted to the property owner for mining operations. And then in 2006 Terry Brothers acquired a permit from the property owner for mining purposes. The Planning th Commission did review the IUP and held a public hearing on September 15 and the Planning Commission did approve the, or recommended approval to the City Council of the interim use permit for this project. In general the mining limits are shown here in the white. Currently the area to the west is currently being mined but the mining limits are shown here before the proposed or the requested 10 year permit. Currently again the grading is in progress at this location here. In the tan color. Recently the grading has been completed in this lighter green areas up on top of the bluff and has more or less been restored. Trees have been removed at this location, which is consistent with the IUP that was previously approved and some grading work has also taken place east of here. Currently there is a small pond at the pond location here as well to handle some of the runoff from the property. The area out to the east, or to the west is for future potential mining operation area as well. Mining plan that’s currently before you tonight, again it’s to grade this area and mine it for aggregate, basically common bar material. Sand material out of this site for building purposes. And this lighter brown shaded area and the construction of the pond for basically for the redevelopment of the site potentially take place between 2015 and 2017 and proposed grading of the western side of the property would take place approximately between 2018 and 2019 with the construction of a pond at that location too. The staff did hand out a Findings of Fact updating from the background that was in your packet and staff has requested one additional item be added to the finding and that’s under Section number 3, item (u) and staff is requesting that no grading or materials be worked in this area until such time that the area to the east here is completely re-graded and vegetation established. So that is an additional request that was not included in your packet. And basically the staff has reviewed the IUP and is recommending approval at this time so if there’s any questions staff would be happy to try to answer them and the applicant is here as well. Mayor Furlong: Okay, thank you. Any questions for staff? Councilman Litsey. Councilman Litsey: I had one on the permitted hours of operation. I know that’s within our ordinance. Did you receive any feedback from nearby? 6 Chanhassen City Council – September 28, 2009 Paul Oehme: No the only, it’s my understanding at the Planning Commission there was only one property owner that showed up to the meeting and that was the adjacent property owner that more or less lives on the site and he just had some questions about the grading work that was taking place out there so. I don’t believe there was any. Kate Aanenson: There some someone that came, I’m sorry. You probably didn’t, it wasn’t on the record, that came later and that was, led to the condition (u). Someone on Lakota Lane and they do hear the noise and that’s why we looked at not exposing the entire site and moving that west side. They said 2018. If you can go back to that slide maybe Paul that showed that area. The gray area. They live, so they are overlooking that so instead of having it all exposed at once, and that’s why we added that condition. They showed up later to the meeting and so I visited with them and that was their concern. Just try to, so we don’t have it all opened up with the noise. There is a buffer there right now with the trees and the like and so they would like to see the, all the extraction be done on that side restored before they move over. And just to make sure that that’s not all wide open and a lot more noise, because those, Lakota Lane is right above that area so that was their concern. Councilman Litsey: Because it is a noisy operation and. Kate Aanenson: Yeah. Councilman Litsey: It’s totally atypical what you normally would experience from noise. Kate Aanenson: Yeah. Paul Oehme: And staff can re-evaluate those working hours at such time the area is going to be worked too. We have that opportunity in the future. Councilman Litsey: I guess I’d be more comfortable with like 8:00 a.m. to 5:00 p.m. and Saturdays not but… We can talk about that I guess with the applicant. Thank you. Mayor Furlong: Any other questions for staff at this time? Councilwoman Ernst: No questions. Mayor Furlong: Mr. Oehme, I noticed in the conditions here there’s a requirement for an annual report and an annual grading plan to be submitted to the City, is that correct? Paul Oehme: That’s correct. Mayor Furlong: So there’s an annual, even though we’re looking at a 10 year extension, there’s going to be an annual look from the staff standpoint to ensure compliance? 7 Chanhassen City Council – September 28, 2009 Paul Oehme: Exactly. We want to look at you know how far are they along in the process. How much material has been moved? What’s the restoration looking like? So just making sure we’re touching base with an annual. Mayor Furlong: Alright. And are there opportunities then if there are some issues or problems to look at that as well on an annual basis? Paul Oehme: Yep. That’s the IUP allows us to look at that on an annual basis and make adjustments if necessary. Kate Aanenson: Yeah. And it also says you can hold a public hearing to terminate it if they’re not following the conditions of the plan. That would include the areas to be graded and some of those others. Mayor Furlong: Is the grading plan here expanded beyond what was approved the last time? Paul Oehme: I think it’s actually shrunk a little bit. Kate Aanenson: Yeah. It’s pretty close to what was earlier shown. Paul Oehme: Yeah, it’s pretty close to what was shown a little bit. We did tweak some of the grades and bring in the construction limits a little bit I believe to try to save some of the trees on the western side. Up in this area. Kate Aanenson: Again that’s what’s providing buffer to some of those residents up on top. Visually. Mayor Furlong: Okay. Councilman Litsey: One other quick question. In Carver they have the gravel pit. Do they, I don’t think they allow operation on Saturdays, do they? Paul Oehme: I don’t know. Councilman Litsey: Okay. I know there’s probably more houses around that one that have been built up but… Mayor Furlong: Have they been, what has their operation been? Have they been grading… Kate Aanenson: It’s been slow. It’s been slow. Paul Oehme: Yeah. Mayor Furlong: But prior, when was the, and maybe we can ask the applicant that. 8 Chanhassen City Council – September 28, 2009 Kate Aanenson: Sure. Well for the Planning Commission meeting the testimony was, a lot of what they do is for commercial or for streets and there hasn’t been a lot of that so it lengthens the term. And you know as we’ve looked at being able to come down there to provide sewer and water, we do see a higher and better use so the main goal was getting the grading plan, is to get a reclamation plan so it’s developable in the future so we’re not left with a hole that’s going to. Mayor Furlong: Take the aggregate out now and then restore. Kate Aanenson: Restore it in such a way that it’s developable into the future. Mayor Furlong: That it’s developable. So that when the market conditions are right. Kate Aanenson: That’s correct. Mayor Furlong: It can be developed. Okay. Any other questions? Councilwoman Tjornhom: I think Vicki had one. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Thanks. Paul, as I looked at the Phase I that was prepared, the audit that was prepared by McCain and Associates for the clean up, was all that completed? It says in Phase II it showed that the clean up would be performed on the site. And it shows that the gun range was cleaned up. Does that mean… Kate Aanenson: Yeah, I can address that. That goes back to Settlers West when, if you look, if you remember when we reviewed that subdivision we looked at topographically they’re completely separate pieces. While they’re under the ownership of the Zwiers so at that time we decided to work with Eden Prairie to get access to this property and one of the conditions allowing that access was that they were to get the, shut down the gun range and there was a telecommunication tower and then we actually worked with the Zwiers family to apply for some grants to get clean up, to get the lead out. They’ve done that on their own so that’s all been cleaned up. Councilwoman Ernst: Okay. Kate Aanenson: There was a lot of shot in the site. Councilwoman Ernst: Thank you. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: Yeah let’s go back to the people that are surrounding Moon Valley. There aren’t really a lot of residential properties. 9 Chanhassen City Council – September 28, 2009 Kate Aanenson: If you go back to that first aerial I think you can see. There is homes on Lakota. I think go back. There. Yeah. There are the lots on Lakota there. They over, but they overlook that. Councilwoman Tjornhom: And this is, I mean this operation went since 2004 correct? I remember when I was first on the council with the Planning Commission we walked Moon Valley. Kate Aanenson: That’s yeah, but we walked it because of Settlers West was looking at it. They’ve been in operation for a long, long time. Councilwoman Tjornhom: Longer than that. Kate Aanenson: Yeah, and Settlers West is now up on top also so that’s the other residential that’s on top that has direct impact by that operation. Councilwoman Tjornhom: And we’ve never had any complaints? Kate Aanenson: Well we don’t have anybody at the end yet. I think they came in after the operation. Yeah. Councilwoman Tjornhom: Okay. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I do believe that in the notes it did say that you hadn’t received any complaints as of today, correct? Kate Aanenson: Although the neighbors did show up and then after the meeting this item was discussed. A couple other neighbors from Lakota did show up and, we just want to make sure that there’s, you know we do things visually and, you know do things to mitigate the impact on the noise and that’s preserving certain slopes so they don’t have to look at it and it helps with the noise attenuation. Mayor Furlong: Okay. Alright. Any other questions at this time? No? The applicant is here this evening I believe. Good evening sir. Rick Murray: Good evening. Mayor Furlong: If you could come to the podium and state your name and address. Rick Murray: My name is Rick Murray, 15 Choctaw Circle, Chanhassen. Hello Kate. Good evening Todd. I was well acquainted with this facility in years past. I’m here this evening not as a member of Terry Brothers but as a representative. Mayor Furlong: Okay. 10 Chanhassen City Council – September 28, 2009 Rick Murray: The gentleman that was here at the Planning Commission, this is the eve of his wedding. He is out of town so I’m here to try and answer your questions as best I can. I’m very familiar with the site. I used to site hunting rifles in there on a regular basis and was there when the guys in the little white suits were up there combing those hills to try and get all that lead back out of that sand fill so. When I was talking to Mike about you know this program. Actually when his dad approached me in ’06 it was you know the Moon Valley Rifle Range. I’m going that is really a pit. I meant a pit. It’s amazing now what it looks like and the total, or the culmination of this plan that’s been put together by the staff or I don’t know maybe it was before the staff but culmination of this plan is to have a restored area and it’s going to look terrific. Take just a moment to the hours of operation Mr. Litsey. This time of year you pretty much say you know you’ll start at 10:00, you start at 10:00. Especially this year but in the summertime when you are moving, it’s important to get the machinery started as early as practical. 7:00 has been, is pretty standard in our industry to get your, you get your superintendents and your operators there around 6:00-6:30. They do the maintenance and everything on the equipment and then you’re moving material at a reasonable hour in the morning. Saturday operations I think have always been here in the Moon Valley site. I might be wrong but I think that’s true. Were there any other questions? I’d be happy to try and answer to the best of my knowledge. Councilman Litsey: No, I understand from a business standpoint the need for that. I just want to be respectful of the surrounding area. Rick Murray: Oh absolutely. Councilman Litsey: And if there isn’t any overriding complaints then that’s fine and we don’t have any real development going in over the next few years, then have at it. But if it’s, if there’s concerns I guess I just want to make sure that we respect those but it doesn’t sound like there’s. Rick Murray: Mild irony is the gentleman that developed Settlers West is also the gentleman that sold Mr. Baier’s the gravel pit, the permit. Mild irony. Councilman Litsey: Thanks. Councilman McDonald: I’ve got a question. Mayor Furlong: Mr. McDonald. Councilman McDonald: How much longer do you see the operation of this going? We’re doing a 10 year extension at this point. Is part of that to help do the reclamation for the site or will that not start until after the permit’s over? Rick Murray: No, I think the permit is finished, I mean I think the reclamation needs to be finished at the end of the permit. So the 10 years does accomplish that as well as we move, I think the estimate was a million, about a million yards of soil needs to be moved to get it to that, to get to that place. To be reclaimed. 11 Chanhassen City Council – September 28, 2009 Councilman McDonald: Okay. Mayor Furlong: Okay. Very good. Any other questions? No? Very good. Thank you. Rick Murray: Thank you. Mayor Furlong: Appreciate it. I think there was a public hearing at the Planning Commission. Kate Aanenson: That’s correct. Mayor Furlong: Was there not? I don’t know if there’s anybody here in the council chambers that would like to provide public comment. I’d certainly provide that opportunity at this time. No? Okay. Very good. Thoughts and comments from members of the council. Seems to be a reasonable request and I think the staff and Planning Commission worked hard to try to find a balance. Obviously there’s an issue raised here on hours of operation but my sense is that there’s some comfort there. Councilman Litsey: Doesn’t seem, yeah. Mayor Furlong: There isn’t a problem so if there’s discussion, wonderful. If not if someone would like to make a motion, that’d be fine too. Councilman McDonald: I’ll do the motion. The Chanhassen City Council approves Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist dated 7/30/2009 subject to conditions 1 through 20 on pages 8 through 10 of the staff report. And does that affect the handout? Kate Aanenson: Yes. And the interim use permit. Mayor Furlong: If you adopt the, this is the. Todd Gerhardt: Interim Use Permit. Mayor Furlong: Interim Use Permit 09-14. Kate Aanenson: There’s only, you’re missing one condition on the one so it should be 1 through 21 which would be (u). Roger Knutson: Right, if you just want to say adopt the Interim Use Permit as prepared and presented. Councilman McDonald: Okay, that we adopt the Interim Use Permit as prepared and presented tonight before the meeting and the adoption of the Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? 12 Chanhassen City Council – September 28, 2009 Councilwoman Tjornhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopt the Planning Commission Findings of Fact and approve Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to the following conditions: 1.The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2.Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. 3.The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4.An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. 5.The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6.Grading on the east side of the creek must cease at or above the 756-foot contour; this must be reflected on the next plan submittal. 7.The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8.Permitted hours of operation will be 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 no work permitted on Sunday or legal holidays. 9.Grading on the east side of the creek must cease at or above the 756-foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 13 Chanhassen City Council – September 28, 2009 10.If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11.Type II, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire-backing, or other effective Best Management Practice. 12.Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13.Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14.All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15.Tree preservation fencing must be installed at the edge of grading limits. 16.No tree removal is allowed beyond the 756-foot contour on the east side of the creek. 17.MnDOT Native Mix 340 be used for the seeding. 18.All restored slopes shall be planted with trees. The trees shall be bare-root, native species, one-half to one-inch in diameter, five to ten-foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7’ x 7’ spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8 x 8 681 10 x 10 436 19.A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20.Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue.” 21. Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 14