CC Minutes 06-22-2015Chanhassen City Council – June 22, 2015
Councilman Campion: Second.
Mayor Laufenburger: Thank you Councilman Campion. Any discussion?
Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City
Council approves the request for an on-sale beer and wine license from Davanni’s Inc. dba
Davanni’s Pizza & Hot Hoagies. All voted in favor and the motion carried unanimously
with a vote of 4 to 0.
8610 GALPIN BOULEVARD INTERIM USE PERMIT: REQUEST FOR AN INTERIM
USE PERMIT FOR GRADING IN EXCESS OF 1,000 SQUARE FEET OF
APPROXIMATELY 50 ACRES OF PROPERTY ZONED AGRICULTURAL (A2);
APPLICANT: CHADWICK GROUP, INC./OWNER: HOLASEK FARMS, L.P.
Mayor Laufenburger: Do we have a staff report?
Paul Oehme: Yes Mayor, City Council members.
Mayor Laufenburger: Mr. Oehme.
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Paul Oehme: Thank you. This item was brought before the Planning Commission on June 2.
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The applicant is Chadwick Group and Holasek Farms. There was a public hearing at the June 2
meeting. The vote was 7 to 0 in favor of the interim use permit. The subject site again is 8610
Galpin Boulevard which is just south of Galpin Boulevard and north of the Twin Cities rail,
Twin Cities Western Rail line that runs through Chanhassen on the western side of town. The
applicant is requesting a grading permit specifically for excavation of approximately 52,478
cubic yards of poor soils. They also would like a, to truck in or and stockpile about 91,000 cubic
yards of material in anticipation of future development. The applicant has applied for and did
receive a building demolition permit for this project or for this site already. The grading plan is
shown here. The applicant has taken soil borings and has installed some piezometers on the site.
The areas that are in question for poor soils for future development are shown here in these two
locations. Those are the sites, areas that potentially would need to be corrected if it’s future
development. The areas here shown are the stockpile areas. These are temporary stockpile areas
so as the developer, property owner removes material, he needs to stockpile material in and
eventually fill in some of these areas. As I had mentioned the developer has taken soil borings.
Piezometers. A lot of the site is hydronic soils which means that they’re muck soils or unsuitable
for building so there’s going to be, have to be a lot of grading work potentially would take place
on the site. In conjunction with that soil analysis staff did review the soils in the soil borings and
piezometer readings and we estimate that there are potentially some wetland characteristics out
on the site so we have identified areas that we would like further study for potential wetland and
specifically wetland delineation on the site consistent with Minnesota Wetland Conservation Act
and federal guidelines as well so the excavated area here on the north side, we feel that doesn’t
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Chanhassen City Council – June 22, 2015
show any wetland characteristics or potentially wetland areas. That area seems to be okay. The
area to the south, this area is still in question. That’s why we’re requesting that the developer,
property owner investigate this site for potential wetland areas as well. And again the two
stockpile sites are shown in this area and again they’re both temporary stockpile sites. So with
that staff does concur with the application and does recommend approval for the interim use
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permit. Like I had mentioned June 2 a public hearing was held for this item so if there’s any
questions I’d be more than happy to try and answer them.
Mayor Laufenburger: Alright, thank you Mr. Oehme. Any member of council have a question
for Mr. Oehme? I just have one. Paul you said or in the staff report it says that since the
Planning Commission meeting staff has received additional information about the existing
conditions of the site. Is there any information that you’ve received that would preclude us from
moving forward at this time?
Paul Oehme: Not at this time. It’s consistent with the background.
Mayor Laufenburger: Okay. And the reason this is coming before the council is because of the
volume of dirt that they want to move, is that correct?
Paul Oehme: That’s correct. In our code staff can permit for up to 1,000 cubic yards of material.
This is well over that allotted limit so that’s why it has to be brought back to council for
consideration and approval.
Mayor Laufenburger: Okay. Alright. Is there any other comment or motion from the council?
Councilwoman Ryan: Mayor, I have a quick question.
Mayor Laufenburger: Certainly, Councilman Ryan. Councilwoman Ryan excuse me.
Councilwoman Ryan: That’s okay. In the packet it says for the hours of operation, the word
expected kind of jumped out at me. 7:00 to 7:00. Do we have guidelines set for the hours of
operation and have they agreed to work within those hours?
Paul Oehme: So the City does have standard working hours that they have to abide by and
basically those are the hours so if they want to go above and beyond that they would have to
come back to staff and potentially to the council for modifying those working hours.
Councilwoman Ryan: Okay. But so far they’ve agreed to work within the constraints.
Paul Oehme: Work within the allotted city working hours that’s in our code.
Councilwoman Ryan: Okay, thank you.
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Chanhassen City Council – June 22, 2015
Mayor Laufenburger: And Mr. Oehme as is our practice you’ve communicated with all the
property owners within 500 feet of this property, is that correct?
Paul Oehme: That’s correct.
Mayor Laufenburger: And have you received any questions or comments back from any of
those parties regarding this?
Paul Oehme: We work with planning.
Kate Aanenson: Yeah, no. Nobody was at the Planning Commission on that but I would add,
back to Councilwoman Ryan’s, we also require that a trucking route be identified too so, as far
as the hours of operation where it’s expected to go and that they maintain the streets clean
because sometimes that’s a concern too.
Paul Oehme: And that’s part of the NPDES permit that the applicant has to follow too to make
sure that the streets and everything is up to that permit as well.
Mayor Laufenburger: Good, okay. Alright, may I have a motion?
Councilwoman Ryan: I’ll make a motion.
Mayor Laufenburger: Councilwoman Ryan.
Councilwoman Ryan: Chanhassen City Council approves the Interim Use Permit to allow site
grading subject to the amended conditions of approval and adopts the Planning Commission’s
Findings of Fact.
Mayor Laufenburger: Thank you. We have a motion. Is there a second?
Councilman Campion: Second.
Mayor Laufenburger: Councilman Campion, thank you very much. Is there any discussion?
Councilwoman Ryan moved, Councilman Campion seconded that the Chanhassen City
Council approve the Interim Use Permit to permit site grading up to 52,478 cubic yards of
excavation and 91,000 cubic yards of stockpile as shown on the plans prepared by Ronald
C. Hedlund, dated April 27, 2015, revised May 1, 2015, subject to the following conditions
and adoption of the Planning Commission’s Findings of Fact and Recommendation:
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Chanhassen City Council – June 22, 2015
1.Prior to grading within the pipeline easement the applicant must provide the pipeline
company a copy of the grading plan and obtain any necessary permits.
2.Before grading operations commence the applicant must provide the Engineering Department
with the proposed haul route. Any changes to the haul route must be communicated as
needed throughout the grading operation.
3.Before grading operations commence the applicant must provide adequate evidence that the
areas with the potential to meet the criteria for classification as jurisdictional wetland are
either;
a.not wetland due to failure to present with adequate hydrology, or
b.are delineated according to the methodologies set forth in the U.S. Army Corps of
Engineers Wetland Delineation Manual and a report must be submitted to the city for
review and approval in accordance with the Minnesota Wetland Conservation Act.
4.No excavation may occur within delineated wetlands that would not be considered no-loss of
wetland under MN Rules sections 8420.410, 8420.0415 and 8420.0420 or without meeting
proper sequencing and mitigation in accordance with the Minnesota Wetland Conservation
Act.
5.A security in the amount of $1,000.00 shall be provided for erosion control, vegetation and
site stabilization.
6.The interim use permit shall terminate on November 1, 2016.
7.Before grading operations commence, the proposed grading area south of pipeline must be
delineated according to the methodologies set forth in the U.S. Army Corps of Engineers
Wetland Delineation Manual and a report must be submitted to the city for review and
approval in accordance with the Minnesota Wetland Conservation Act.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Paul Oehme: Thank you.
Mayor Laufenburger: Thank you very much. Enjoy your dirt moving. And just for clarification
it’s Holasek, is that correct?
John Chadwick: The emphasis is on the first syllable.
Mayor Laufenburger: Holasek. Okay.
John Chadwick: I’ll accept that. Thank you.
Mayor Laufenburger: Holasek, that you very much.
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