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90-035 ~ . . . RESOLUTION NO. 35-90 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR FILLING AND GRADING TO BOULDER BRIDGE FARM, INC. WHEREAS, Boulder Bridge Farm, Inc. (Applicant) has requested a permit to fill and grade the east side of Lot 2, Block 5, Boulder Bridge Farm, all in the City of Shorewood, County of Hennepin, State of Minnesota; and WHEREAS, Applicant's request proposes that fill be placed on the subject site in the amount of approximately 1,200 cubic yards; and WHEREAS, Section 1201.03 Subd. 8 of the Shorewood City Code provides that any fill or grading which exceeds 100 cubic yards shall require a Conditional Use Permit; and WHEREAS, the application was reviewed by the Shorewood Planning Commission at a public hearing held on 3 April 1990, and approval was recommended by the Commission; and WHEREAS, the Applicant's application was considered by the City Council at their regular meeting held on April 9, 1990, at which time the Planner's memorandum was reviewed, minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and the City Attorney was directed to prepare a resolution setting forth findings and conclusions approving the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Applicant proposes to create an earth berm, partly to dispose of spoiled dredge from the Boulder Bridge Lagoon and partly to enhance the site by buffering it from Smithtown Road. o . . . 2. That the primary issues to be resolved in considerating Applicant's application are: a. Drainage b. Site lines at the corner of Smithtown Road and Boulder Circle c. Filling and grading in accordance with perameters set by the City Engineer and which will be without a detrimental impact to abutting public or private property. CONCLUSIONS That the application of the Applicant for a Conditional Use Permit as set forth hereinabove be and hereby is granted, subject to the following conditions: 1. That the Applicant shall submit a revised site grading plan conforming to the standards set forth in the memorandum from the City Engineer dated March 26, 1990 attached hereto and made a part hereof as Exhibit A, said plan to be reviewed and approved by the City Engineer. 2. That the Applicant shall submit a proposed plan for landscaping the buffer area, together with a bid from a certified nurseryman for accomplishing the proposed plan. 3. That a Letter of Credit in the amount of 150% of the bid amount shall be posted by the Applicant to insure that the landscaping plan is properly completed. 4. That all platting be done by the end of summer, 1990, in order that such planting be established and growing by fall. 5. That no use of the public right-of-way shall be included in Applicant's plans for grading and filling. ADOPTED BY THE CITY COUNCIL OF THE C TY OF SHOREWOOD this 23rd day of April, 1990. ATTEST: r Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Nays - . . . "IHK c::.':i' '::Id 10: 11<:.1 U:::'I'I j'Ir-L:::.,I'U'j P.2 , . ~ QSM Orr Schelen Mayer~n & Associates,me. 2021 J::ast Hennepin Avc;;nu~ Minneapoll:;, MN 55413 612-331-8660 FAX 331-3806 HEHORAHDUH t:ngineers surveyors Planners TO: Brad Hi8~s8n, City of Shorewoo4 FROH: John A. Harwood, P.E., OSH , Associates, Inc. DATE: Karch 26, 1990 SUBJECT: Conditional Use permit, Fill Placement Lot 2, aloex 5, Boulder Bridge, Case 90.05 I have reviewed the data submitted with the referenced application. The purpose of the fill is to enhance the aesthetics and usability of the lot. The placement of fill on this site is appropriate and can be performed without detrimental impacts to abutting public or private property. At this time, a significant amount of fill material has been placed on the site. The material has not yet been spread or compacted. The applicant should be requested to provide a revised site grading plan incorporating or addressing the following three questions. In addition, due to the nature of the fill material there is potential for significant problems during material hauling and placement. Approval should not be granted until problems related to haul and placement are addressed. 1. The grading plan shows fill placement to and beyond the property lines on both Smi thtown Road and Boulder Circle. This places fill in the existing ditch drainage ways for both roads. A revised grading plan is required showing fill limited so as to not impact drainage~ The revised site grading plan should show a typical section for each road, show the edge of pavement, show the width of shoulder and show the location of existing ditches or a location for a newly graded ditch. The location of the proposed fill limits should be dimensioned from the edge of pavement. It is noted that the fill operation now underway does not appear to extend onto the right of way for smithtown Road and will not impact the Smithtown Road ditch or drainage. The limits of fill along smithtown Road, that are defined by the hay bales now in place as erosion control, 'would be appropriate. The existing ditch along BOUlder e~ e.di- is not G \ ("(, k..- EXHIBIT A - page one '. . ,. / well defined nor is it deep enough. It is recommended that the applicant, coincident to the proposed fill placement and grading operation, improve the existing Boulder circle drainage by grading a minimum 1.0 feet deep ditch section located approximately 5 feet easterly of the edge of pavement or Boulder Circle and match the proposed fill to that ditch section. 2. The proposal is to utilize material dredged from the lake placed as fill, with 3: 1 slope. The site plan should b~ revised to show a maximum 4:1 slope. The material is likely to be a highly erodible organic silt that will not be stable at a 3:1 angle of repose. The flattened slope is intended to minimize future possible erosion into roadside ditches. 3. There is an issue related to maintaining sight distance for vehicles approaching Smithtown Road from Boulder Circle. It is believed that the revised plan that limits fill placement to not encroach on the smithtown Road ditch and incorporates the 4:1 slopes as described above will provide adequate sight distance. There may be a major problem with the hauling and fill operation for material of this sort unless the material is properly dewatered prior to Use. The applicant should be requested to submit data on anticipated "consistency" and water content of the fill material as it is being transported and placed. Any review of this proposal as "fill placement" is conditioned on the material being relatively dry prior to being transported over city streets or placed on the sites as fill. For transport, the material should not be "muck". A reasonable definition for transport purposes would be material having a voids ratio. not greater than 0.95 (i. e. minimum 5% air voids). For placement, the material should be relatively dry. For the anticipated organic silt a moisture content not more than 115% of optimum would be appropriate. It is noted that the fill material that is on the site is a black to grey organic silt, likely dredge material. It appears to have been relatively dry during transport as evidenced by it being dumped in piles and not as muck and that the material now on site is very dry. JAH/cmw 03/90-cos.bn EXHIBIT A - page two