02-22-1993 Council Minutes2 - Laserfiche WebLink

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Zoning File ft 1199 Februar)' 8. 1993 Page 2 Descriplion of Request Applicants have filed a conditional use permit to excavate a pond of approximately a 5 ’ + depth that will hold standing water rather than periodic runoff created during wet seasons. As Hansers’ MCWD permit requires excavation of 1’ for sediment control, land alterations within the drainage easement area are required and have already been approved by City and MCWD. The pond will occupy approximately 8,000 s.f. of the 22,700 s.f. drainage easement area. Refer to Exhibits H and I. The entire low area is at the 933.3’ elevation. The adjacent wetland that will interact with the low area is at the 932.3 elevation. Note the culvert has been placed at the 935.78 elevation. The engineering plans for the private driveway have been approved by both the Minnehaha Creek Watershed District and the City Engineer. Note that Lots 2 and 3 will share a private drive once it leaves Outlot A. Lot 2 is required to grant appropriate ea.sements to Lot 3. The City Engineer ’s report does not review the merits of the applicants’ plan as proposed. In a recent phone conversation, he confirmed that applicants’ proposal is complete and would meet the intent of the MCWD permit. Gustafson recommends an expansion of the application to provide compensatory mitigation to offset filling of designated wetland to the northeast for the City’s improvement of Fox Street. Members may remember the earlier conditional use permit/variance application of the City of Oruno that proposed the expansion of the Fox Street roadbed. The City has been working with the DNR to locate an appropriate area for compensatory mitigation within the immediate watershed. The City Engineer states that if the existing alteration of the pond is expanded to the 933.3 elevation at a 1’ depth approximately 14,000 s.f. in area this will meet 21.000 s.f. area required by the DNR permit of the City. Absent a storm water management plan, the City must obtain the landowners ’ approval to make use of the drainage area. Review the Flowage and Conservation Easement, the owners are limited in their u.<:e of the drainage easement area and the City’s main interest is for the uniestric'.ed trespass of water. There is nothing in the easement that would allow the area to be altercw. oy the City to solve more comprehensive drainage issues. If the City can work jointly with applicants/owners in meeting the requirements of the City’s permit, this may be the best solution to you. meeting Staff will contact the owners as to what their position would be on this recent request of the City to expand their application. 'Fhey will also hear further from the City Attorney as to the authorities granted the City under the current Flowage and Conservation Easement. Regardless of the magnitude of the application, the following guidelines have been established by the City Engineer ’s report if excavations are to be made w ithin the lower area. All dredged materials must be placed at least 75’ from the drainage easement and fenced off with sill fence for erosion control. It has also been '-uggested that some of the excavated materials