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.
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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.
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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.
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