5.9 PCSR 02-28-1995 - Laserfiche WebLink

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Elk River City Council Minutes ... - - Page 3 February 1, 1993 Mr. Mike Weist, owner of Lot 9, indicated he is the property owner who will not be participating in the excavation project. Mr. Weist stated that the City Engineer has indicated that the excavation project could improve the aesthetics in the area, but he cautioned the Council to consider the affects the excavation will have on the habitat. He referenced the letter from the DNR which states that open water does not necessarily create a good environment for wildlife and he is wondering how much benefit will be gained if the ducks and geese flock to the excavation area and then chase away the other habitats such as the hawks and eagles. He also cautioned the Council that the water in the area could dry up and further that the water will be created from runoff which may contain fertilizers, therefore turning the pond into a swamp or mosquito breeding pond. Discussion was held by the Council regarding maintenance of the pond. It was Council consensus that maintenance of the pond would be the responsibility of the homeowners. There being no further comments, Mayor Duitsman closed the public hearing. The City Attorney, Peter Beck, suggested that the City consider requiring a letter of credit for the project. Rita Johnson, Planning Commission Representative, indicated that the • Planning Commission recommended approval with eleven stipulations. The Council concurred with the Planning Commission's recommendation and added three more stipulations pertaining to pond maintenance, payment for the culvert, and letter of credit. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER TO EXCAVATE A WETLAND AREA IN ROYAL OARS RIDGE WITH THE FOLLOWING STIPULATIONS: 1. TRUCKS ENTER AND EXIT THE SITE VIA THE MORRELL AND DESCEENES PROPERTY TO THE SOUTH, ONTO COUNTY ROAD 13. WRITTEN PERMISSION IN A FORMAT APPROVED BY CITY STAFF FROM MORRELL AND DESCEENES TO USE THEIR PROPERTY BE PROVIDED TO THE CITY TO ENSURE THAT TRUCKS WILL NOT BE ROUTED THROUGH RESIDENTIAL STREETS. FURTHER, THE APPLICANT COMPLY WITH THE COUNTY REQUEST TO HAVE THE AREA "SIGNED" TO INFORM TRAFFIC OF TRUCKS ENTERING AND EXITING AND COMPLY WITH THE WEIGHT RESTRICTIONS. 2. FOR SAFETY AS WELL AS WILDLIFE PURPOSES, SLOPES SHALL NOT EXCEED 5:1 AND THE DEPTH SHALL NOT EXCEED 3-4 FEET OF WATER. THE DNR GUIDELINES OF 10:1 SLOPES, 2-3 FOOT AVERAGE DEPTH OF WATER, NATURAL VEGETATION ALONG THE PERIMEETER OF THE POND, AND IRREGULAR SHORELINE SHALL BE MAINTAINED IN THE SOUTH 1/2 OF THE POND. • 3. NO FILL SHALL BE PLACED BACK INTO THE WETLAND BOUNDARY.