05-16-1994 CC MIN - Laserfiche WebLink

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Elk River City Council Minutes May 16, 1994 e 3. e 4. 5. 6. 7. 8. 9. 10. Page 9 Cynthia Lou, 21212 York Street. questioned whether the procedure would disturb the creek. Gary Schmitz indicated that the creek would not be disturbed. Hattie Leary, 21172 York Street, questioned whether the pond would be contained completely on the property owners property or whether it would extend into the abutting ditch. Gary Schmitz indicated that the pond would not abut the existing ditch. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY BRIAN ANDERSON TO EXCAVATE AN ESTIMATED 5,000 CUBIC YAROS OF BLACK DIRT FROM A WETlAND TO CONSTRUCT AN OPEN WATER POND FOR WILDLIFE VIEWING WITH THE FOLLOWING CONDITIONS: 1. NONE OF THE EXCAVATED MATERIAL IS PLACED BACK INTO THE WETLAND BOUNDARY. 2. FOR SAFETY PURPOSES DURING THE ENTIRE PERIOD OF THE PROJECT, ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO OF 4 FEET HORIZONTAL TO 1 FOOT VERTICAL. SLOPED AREAS SHALL BE PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. SILT FENCING IS REQUIRED UNTIL THE GROUND COVER IS SELF SUSTAINING. FOR SAFETY PURPOSES, THE POND SHALL BE NO DEEPER THAN 4 TO 5 FEET IN DEPTH. ANY EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THIS AREA. CONTRACTOR AND PROPERTY OWNER WORK WITH THE DNR TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL BY THE ARMY CORPS OF ENGINEERS. THE PROJECT BE COMPLETED IN ONE CONSTRUCTION SEASON. THE HOURS OF OPERATION BE AS PER CITY CODE. FENCING BE PLACED AROUND THE OAK TREES TO PREVENT DAMAGE WHEN THE EXCAVATED BLACK DIRT IS SPREAD THROUGHOUT MR. ANDERSON'S PROPERTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e