5 Wetland Permit/Septic Hauler
CITY OF
CHANHASSEN
)0 City Center Drive, PO Box 147
Chanhassen, Minn"ota 55317
Phone 612.937.1900
General Fax 612.937.5739
,ngineering Fax 612.937.9152
'ub1ic Saftty Fax 612.934.2524
Wib www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Scott Botcher, City Manager
FROM:
Phillip Elkin, Water Resources Coordinator
Cynthia R. Kirchoff, Planner II
DATE:
April 19,2000
PC DATE:
CC DATE:
March 15,2000
April 24, 2000
SUBJ:
Wetland Alteration Pennit for Liquid Waste Hauler Site
Metropolitan Council Environmental Services
Park Place (Outlot A, Chanhassen Lakes Business Park, 5th
Addition)
PLANNING COMMISSION UPDATE
On March 15, 2000, the Planning Commission held a public hearing and approved
the wetland alteration pennit for the liquid waster hauler site with the following
conditions:
I. A landscape plan shall be submitted to the City Council for review.
2. The gate for the card reader shall be painted an aesthetically pleasing
color.
3. Staff and the applicant determine a number to set for the maximum
number of truck trips allowed on a single day.
4. Hours of operation for the site shall be incorporated into the application
based upon input from the neighbors.
The above issues are addressed in the following report or included in the
conditions of approval.
BACKGROUND
On December 8, 1998, a five-year lease agreement was signed between the City
and the Metropolitan Council to locate a discharge point into the Lake Ann
interceptor sewer system for septic slstem haulers located on Outlot A,
Chanhassen Lakes B,usiness Park, 5' Addition. This easement is 13,500 sq. ft. in
area. This site, owned by the City, was selected because it allows a direct
connection into the interceptor (a 20 foot utility easement for the interceptor
se~er line' extends through the site), the zoning, lOP-Industrial Office Park,
permits utility services, and the road access is good. Currently, there is no site for
this service within the City. The Metropolitan Council is funding this project.
;e Cil"i o{Chanhassen. A fflIwin, communil"! with dean lakes. aualil"! schook. a channinr downtown. thrivinr husin",,,. and beaucilùl parks. A ,reat place to liz~. work. and plaJ
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Wetland Alteration Permit #00-2
April 19, 2000
Page 2
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The facility requires the construction of a concrete pad, including a drive aisle and turn around,
with an at grade manhole that connects directly into the interceptor system. Access will be
restricted to the site with a card reader and gate. The controlled access also measures the amount
of waste discharged by the hauler. Water will be available on the site to flush spillage. The
Metropolitan Council Environmental Services (MCES) estimates that between 7-10 septic
haulers will utilize the site on a daily basis.
Since the facility does not require the construction of a building, staff administratively approved
the location and improvements. A small portion of the wetland is to be filled, thus staff is
requiring a wetland alteration pennit to comply with City ordinance and State rules.
WETLAND ALTERATION PERMIT - PROPOSAL
Access to the interceptor will proceed over an existing drainage ditch into a larger wetland
complex to the north. (The majority of Outlot A is an aglurban wetland.) The MCES is
proposing to fill 0.13 acres (5,662 sq. ft.) of the ag/urban wetland for the site improvements. The
City is pennitting the wetland mitigation through the wetland bank (see Attachment 2).
This project benefits the entire City. Further, this is the type of project the wetland bank was
established to serve. Staff supports the wetland alteration pennit and is recommending approval.
LIQUID WASTE HAULER SITE PLAN
Landscaping
The MCES has prepared a landscape plan for the site in response to the concerns expressed by
the Planning Commission. Twenty-two shrubs are proposed for the north of the site to denote
the three foot retaining wall. Thirteen under-story and over-story trees are proposed to soften the
site from adjacent properties and Park Place. Staff believes the proposed landscaping is
adequate.
Lighting/Signage
The site plan indicates one fixture on the north portion of the site. The cut-off fixture is 15 feet
in height. Staff would like to see the fixture operated by a motion detector.
Signage is not proposed for the site.
Staff recommends approval ofthe wetland alteration pennit with conditions.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
Wetland Alteration Pennit #00-2
April 19,2000
Page 3
"The City Council approves Wetland Alteration Pennit #00-2 to permit the filling of 0.13 acres
of an aglurban wetland for the construction of a liquid waste hauler site subject to the following
conditions:
I. The light fixture shall operate by motion detector.
2. The lease agreement shall be amended to limit the operating hours to between 7:00 a.m.
and 7:00 p.m.
3. The card reader gate shall be painted a color that complements the site.
4. A maximum number of daily users shall be specified in the lease agreement."
ATTACHMENTS
I. Site Grading and Utility Plan
2. City of Chanhassen Wetland Banking Inventory
3. Copy of Lease Agreement
4. Landscape Plan
5. Minutes from the March 15,2000 Planning Commission meeting
6. Public hearing and property owners list.
\\cfsl\voI2\eng\phillip\wetlands\liquid waste site permit.doc
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LICENSE AGREEMENT
THIS AGREEMENT, effective as of D~.4u 9:t:!,1998 ,by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to
as "Licensor") and the METROPOLITAN COUNCIL, a public corporation and political
subdivision of the State of Minnesota (hereinafter referred to as "Licensee"). In
consideration of the mutual promises contained in this Agreement, the Licensor and Licensee
agree as follows:
SECTION 1: GRANT OF LICENSE. DESCRIPTION OF PREMISES: Licensor hereby grants to
Licensee a license to occupy and use, subject to all of the terms and conditions of this
Agreement, the property described in the attached Exhibit" A" ("Licensed Premises").
SECTION 2: LIMITATION To DESCRIBED PuRPOSE: The Licensed Premises may be
occupied, constructed and used by Licensee solely for a septage disposal site in accordance
with the site plan approved by Licensor and for incidental purposes related to such purpose
during the tenn of this License Agreement, including the right to enter the Licensed Premises
for purposes of constructing, operating, maintaining, altering, repairing, replacing and/or
removing said sewers and utilities.
SECTION 3: TERM: The tenn of this License Agreement shall be five (5) years ("Initial
Tenn") commencing on J\I.{)e If \'\"\'1 ("Commencement Date") and ending
0\1\1 31, ~ðO~. Licensee shall have the right to extend this Agreement for two (2)
additional two year terms ("Renewal Terms"). The Renewal Tenns shall be on the same
tenns and conditions as set forth herein except for adjustments in payment which shall be
,
negotiated by the parties prior to commencement of a Renewal Tenn. Licensee must notify
Licensor of its intent to renew the license at least one hundred eighty (180) days prior to the
expiration of the Initial Tenn or the first Renewal Tenn.
SECTION 4: PAYMENT: Licensee shall pay Licensor for this license at the rate of Five
Hundred Dollars ($500.00) per year payable in full on the Commencement Date as a single
lump sum payment of Twenty-Five Hundred Dollars ($2,500.00).
SECTION 5: TERMINATION: Either party may tenninate this Agreement for cause at any
time, without regard to payment periods by giving written notice to the other, specifying the
date and cause of the tennination, such notice to be given not less than ninety (90) days prior
to the date specified in such notice for the date of tennination.
Either party shall have the opportunity during the ninety (90) day period to remedy the
cause of the tennination. If by the end of the ninety (90) day notice period, Licensee has
remedied the cause of the termination, the Agreement shall not tenninate and all tenns and
conditions of the Agreement shall remain in effect.
For purposes of this Agreement, the tenn "for cause" shall include, but not be limited
to, failure to comply with the tenns of this Agreement, inappropriate use of the Licensed
65500.04
Premises or abutting property, inappropriate conduct on or about Licensed Premises on the
part of Licensee, or Licensee's employees or agents.
SECTION 6: GoVERNING LAW: It is agreed that this Agreement shall be governed by,
construed and enforced in accordance with the laws of the State of Minnesota.
SECTION 7: ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind preceding the
date of this Agreement shall not be binding upon either party except to the extent
incorporated in this Agreement.
SECTION 8: MODIFICATION OF AGREEMENT: Any modification of this Agreement or
additional obligation assumed by either party in connection with this Agreement shall be
binding only if evidenced in writing signed by each party or an authorized representative of
each party.
SECTION 9: NOTICES: Any notice provided for or concerning this Agreement shall be in
writing and shall be deemed sufficiently given when sent by certified or registered mail if
sent to the respective address of each party as set forth as follows:
LICENSOR:
Charles Folch
Director of Public Works
City of Chanhassen Public Works
1591 Park Road
Chanhassen, MN 55317
LICENSEE:
General Manager of Metropolitan
Council Environmental Services,
Wastewater Services
Metropolitan Council
230 East Fifth Street
St. Paul, Minnesota 55101-1626
SECTION 10: ASSIGNMENT OF RIGHTS: The rights of each party under this Agreement are
personal to that party and may not be assigned or transferred to any other person, firm,
corporation, or other entity without the prior, express, and written consent of the other party.
Notwithstanding the previous sentence, Licensee shall have the right to assign this License to
a statutory successor of Licensee without Licensor's consent. Such assignment shall be
subject to the following condition: Any assignees shall be subject to all of the terms of this
License.
65500.04
-2-
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SECTION 11: USE OF LICENSED PREMISES: Licensor, its successors and assigns, will not
erect, construct or create any building, improvement, obstruction or structure of any kind,
either above or below the surface, or stockpile soils, construction debris or construction
equipment or change the grade thereof, without the express written permission of the
Licensee. Notwithstanding the aforementioned provision, the following improvements by
Licensor, its successors or assigns, do not require Licensee's written approval: fences,
parking lots, street and/or roadways, landscaping, bushes, shrubs.
SECTION 12: REsTORATION OF LICENSED PREMISES: The Licensee agrees that if it or any
of its employees or agents causes any physical damage to the Licensed Premises which it
does not restore to a condition as nearly as equal as possible to that which existed prior to
the construction and/or maintenance of the purposes described herein within a reasonable
time after completion of that construction, including the replacement of grass, sod or fences,
the Licensee shall pay the costs of restoring the damaged premises to a condition as nearly
equal as possible to that which existed prior to construction. It is understood that in the
removal of large trees, shrubs, and other plants that a like replacement for those items
removed during construction is not always possible and the Licensee shall not be obligated to
replace the same.
SECTION 13: COMPLIANCE WITH LAWS: Licensee shall comply with all federal, state and
local laws and regulations relating to the operation of septage hauler site on the Licensed
Premises.
SECTION 14: LIABILITY: Each party agrees that it will be responsible for its own acts and
the results thereof to the extent authorized by law, and shall not be responsible for the acts of
the other party and the results thereof. The Licensor's and the Licensee's liability are
governed by the provisions of Minn. Stat. Chapter 466.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the
day and year first above written.
LICENSOR:
CITY OF CHANHASSEN
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NaGL'-K:/ (:Ci,~O' Ma,YOr ,
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Don Ashwoñlí
City Manager/Clerk
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By:
By:
65500.04
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STATE OF MINNESOTA
COUNTY OF (1JUX AJ
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) ss.
)
r The foregoing instrument was acknowledged before me this 'it;) day of
¡::J-u,<A/!,¡k'\..J' 1998, by Nancy K. Mancino and Don Ashworth, the Mayor and City
Manager/Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on its
behalf and through the authority granted by it~ City Council.
-
STATE OF MINNESOTA
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&-'1 KAREN J, ENGELHARDT
.JJ NOTARY PUBUC· MINNESOTA
(;A~VER COUNTY
My Comm~SIOn Expires Jon. 31. 2000
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) ss.
COUNTY OF (\AIììSèJ )
The foregoing instrument was acknowledged before me this '3 RO day of
\)üCíY\beí , 1998, by Jf\(1'ItS ]", 'S6\e.m. -aHà , the
«eljì60õ.\ f\ð,.(\\\(\\S\ía..\DraHà- of the METROPOLITAN COUNCIL, a public
corporation and political subdivision of the State of Minnesota, on its behalf.
~(\J\J~ L. fY\~~
Notary Public ' l
THIS INSTRUMENT DRAFTED By:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
AMP
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LU r.:iN!: L MAJOR ;.
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EXHIBIT "A"
Description of Licensor's Pr01>ertv:
Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the recorded
plat thereof, Carver County, Minnesota, evidenced by Certificate of Title No. 15985.
Description of Licensed Premises:
That part of Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the
recorded plat thereof, Carver County, Minnesota, described as follows:
Beginning at the Southwest corner of said Outlot A; thence northeasterly along the
southerly line of said Outlot A, a distance of 140.00 feet; thence northwesterly parallel
with the easterly line of said Outlot A, a distance of 80.00 feet; thence southwesterly
parallel with the southerly line of said Outlot A, a distance of 200.00 feet, to the
westerly line of said Outlot A; thence southeasterly along the westerly line of said
Outlot A, a distance of 99.00 feet to the point of beginning.
65500.04
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Planning Commission Meeting - March 15,2000
Representatives from the Metropolitan Council Waste Haulers presented their request to the Planning
Commission and passed around pictures showing similar sites in the metropolitan area.
BIackowiak moved, Kind seconded to open the public hearing.
Thomas Zwicker stated his concerns with this project, being the adjoining property owner, with odor and
asked about screening.
Kind moved, Conrad seconded to close the public hearing.
The Planning Commission discussed concern with the number of vehicles coming and going to this site,
and setting a maximum. They also discussed limiting the hours of operation and asking that the applicant
submit a landscaping plan for screening,
Conrad moved, BIackowiak seconded that the Planning Commission recommends approval of
Wetland Alteration Permit #00-2 to permit the filling of 0.13 acres of an aglurban wetland for the
construction of a liquor waste hauler site with the following conditions:
I. A landscaping plan be presented at the time this goes to the City Council.
2. That an alternative gate system that is aesthetically pleasing to the neighbors be installed.
3, Staff and the applicant determine a number to set for the maximum number of truck trips allowed
in a single day.
4, Hours of operation for the site be incorporated into the application based on input from the
neighbors.
All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
CONSIDER AN AMENDMENT TO THE CITY CODE TO ALLOW PETTING FARMS AS A
CONDITIONAL USE IN THE A2. AGRICULTURAL ESTATE DISTRICT AND REOUEST FOR
A CONDITIONAL USE PERMIT TO OPERATE A PETTING FARM IN THE A2 DISTRICT.
LOCATED AT 7461 HAZELTINE BOULEVARD. SUSAN MCALLISTER.
Public Present:
Name
Address
Susan McAllister
Paul Savaryn
7461 Hazeltine Blvd.
Cindy Kirchoff presented the staff report on this item.
The applicant, Susan McAllister, presented her thoughts on what she would like to do with her property
as it pertained to this request for a petting farm,
5
Planning Commission Meeting - March 15, 2000
All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
APPEAL ADMINISTRATIVE DECISION OF STAFF'S INTERPRETATION OF THE SIGN
STANDARDS FOR VILLAGES ON THE PONDS. BOKOO BIKES.
Bob Generous preSented the staff report on this item.
Kelly Vigil presented his application to the Planning Commission.
Kind moved, Blackowiak seconded to open the public hearing.
Vernelle Clayton stated her support for the applicant's request and clarified the intent of the Villages on
the Ponds sign regulations
Kind moved, Conrad seconded to close the public hearing.
After discussion on this item the Planning Commission made the following motion.
Kind moved, Conrad seconded that the Planning Commission recommends approval of the request
from Bokoo Bikes to allow signage on three sides of the building in Villages on the Ponds with the
following conditions:
I. The total area of all signs cannot exceed the ordinance for square footage.
2. The design and location of the signs shall be reviewed by the Architectural Review Committee
for V iIIages on the Ponds.
3, The applicant may select which sides of the building to place the signage.
All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
WETLAND ALTERATION PERMIT REOUEST FOR A SEPTIC HAULER SITE LOCATED
ON PARK PLACE. METROPOLITAN COUNCIL WASTE HAULERS AND CITY OF
CHANHASSEN.
Public Present:
Name
Address
Thomas Zwicker
John DiBella
8020 Park Place
1500 Park Road
Cindy Kirchoff presented the staff report on this item.
4
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NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, MARCH 15,2000 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL: Wetland Alteration
Permit
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APPLICANT: Metropolitan Council and
City of Chanhassen
LOCATION: Park Place
NOTICE: You are invited to attend a public hearing about a proposal in your area, The applicants.
Metropolitan Council and City of Chanhassen, request a Wetland Alteration Permit for a septic hauler site
located on Park Place,
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 meeting. the Chair will lead
the public hearing through the following steps:
1, Staff will 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 Phillip at 937-1900 ext, 105, 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 has been published in the Chanhassen Villager on March 9, 2000,
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CITY OF CHANHASSE
SCOTT BOTCHE
690 CITY ER DR
PO 147
C ANHASSEN, MN 55317
STEVEN C WILLETTE CIO
LAKESHORE EQUIPMENT
7851 PARK DR
CHANHASSEN, MN 55317
UNITED MAILING INC
1001 PARK RD
CHANHASSEN. MN 55317
DUKE REAL TV LIMITED PT P
1550 UTICA AVE 20
ST LOUIS ,MN 55416
DUKE REAL TV LIMITED PTRSHP
1550 UTICA AVE S STE 120
ST LOUIS PARK, MN 55416
GARY F GOLL
1455 PARK RD
CHANHASSEN, MN 55317
CITY OF CHANHASSEN
SCOTT BOTCH
690 CI TER DR
PO,BOX 147
éHANHASSEN, MN 55317
JER-GENS PROPERTY MGMT CO
4645 OLD KENT RD
EXCELSIOR, MN 55331
ALFRED A IVERSEN PMT
CORPORATION
1500 PARK RD
CHANHASSEN. MN 55317
CHANHASSEN HRA __,_
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690 CITY CEN.JER"DR
..r
PO Bq)(-t4i
CHAlÍÍHASSEN, MN 55317
DUKE REALTY LIMITED F:I!3SHP
1550 UTICA AVE S-STÊ120
STLOUIS PÀRK, MN 55416
CITY OF CHANHASSEN C/S----
SCOTTBOTCHER_____
690 CITY C~ERDR
PO~7
CHANHASSEN, MN 55317
GERALD J BOWEN FAMILY TRUST
CIO STEVE NOSEK & R KARLSON
701 4TH AVE S STE 700
MINNEAPOLIS, MN 55416
K & L PARTNERS
7870 PARK DR
CHANHASSEN, MN 55317
ROBERT D & CARMEN J
CHRISTIANS
6851 CARDINAL COVE DR
MOUND. MN 55364
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DUKE REAL TV LlMI TRSHP
1550 UTICA S STE 120
ST LO ARK. MN 55416
DUKE REAL TV LIMITED HP
1550 UTICA AV E 120
ST LOUIS K. MN 55416
DAVID W BROCKPAHLER CIO DAY-
CO CONCRETE CO
1340 PARK RD
CHANHASSEN, MN 55317
THOMAS ZWICKEL JR
18298 NICKLAUS WAY
EDEN PRAIRIE, MN 55347
CHANHASSEN HRA ~
690 C~TY CENTE ,01<
PO BOX .-
CHA HASSEN, MN 55317
FLENINGE PTRSHP CIO LARS E
AKERBERG
1213RDSTW
PO BOX 158
CHASKA, MN 55318
RAY E JOHNSON
11001 HAMPSHIRE AVE S
BLOOMINGTON, MN 55438