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HomeMy Public PortalAbout1995-054Member John Ferris introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 95-54 RESOLUTION DENYING A LAND ALTERATION PERMIT AND A CONDITIONAL USE PERMIT TO THE MINNEHAHA CREEK WATERSHED DISTRICT WHEREAS, the Minnehaha Creek Watershed District (the "Applicant") has requested permission to undertake a project involving excavation within a non-public waters wetlands and removal of excavated soils from the site (the 'Project") at a location generally south of Deer Hill Road, west of Tamarack Road and north of the Wolsfeld Woods Scientific and Natural Area; and WHEREAS, the Project has been submitted for review by requiring the Applicant to obtain a land alteration permit and a conditional use permit for the Project; and WHEREAS, city staff and the city engineer have reviewed the Project and its relationship to the city's ordinances related to such development activity; and WHEREAS, this matter was reviewed by the planning commission on September 12, 1995 and October 10, 1995; and WHEREAS, on October 10, 1995, the planning commission received a letter from the Applicant dated October 10, 1995 and referred this matter to the city council without recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Medina makes the following findings of fact: 1. On July 7, 1995, the Applicant submitted an application for a Land Alteration Permit. 2. On July 13 and July 14, 1995, the zoning administrator notified the Applicant in writing that its Land Alteration Permit application was incomplete and requested additional information and documentation. DJG95119 ME230-224 3. To date, the Applicant has not fully responded to the city's requests. 4. On September 5, 1995, the Applicant submitted an application for a Conditional Use Permit. 5. On October 3, 1995, the city council adopted an interim ordinance for the purpose of protecting the planning process regarding its water resources and roads pending completion of studies to be conducted by city staff and consultants. The interim ordinance became effective upon its publication in the official newspaper on October 5, 1995. 6. The interim ordinance prohibits any person from undertaking, engaging in, or causing any excavation larger than one acre in size within any wetland that is not a public waters wetland within the meaning of Minnesota Statutes, section 103G.005, subd. 18. 7. The interim ordinance further prohibits any person from undertaking, engaging in, or causing the removal of more than 10,000 cubic yards of soil from any parcel of land. 8. The Environmental Assessment Worksheet prepared by the Applicant in connection with the Project shows that the Project will require the excavation of 7.2 acres of a wetland that is not a public waters wetland within the meaning of Minnesota Statutes, section 103G.005, subd. 18. 9. The Environmental Assessment Worksheet prepared by the Applicant in connection with the Project further shows that the Project will require the removal of approximately 142,000 cubic yards of soil from the parcel of land. 10. A report prepared by the city engineer and submitted to the city council confirms that the Project will require the excavation of 7.2 acres of a wetland that is not a public waters wetland within the meaning of Minnesota Statutes, section 103G.005, subd. 18 and will further require the removal of approximately 142,000 cubic yards of soil from the parcel of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota as follows: 1. The Applicant's request for a Land Alteration Permit is hereby denied. 2. The Applicant's request for a Conditional Use Permit is hereby denied. 3. The city clerk -treasurer is authorized and directed to transmit copies of this resolution to all relevant persons. DJG95119 ME230-224 Dated: October 17 , 1995. ATTEST: on, er - reasurer Ann C. Thies, Acting Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Jim Johnson and upon vote being taken thereon, the following voted in favor thereof: Ferris, Johnson, Ann Thies, and Phil Zietlow. and the following voted against same: None. and the following were absent: Mayor Anne Theis. Whereupon said resolution was declared duly passed and adopted. DJG95119 ME230-224