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. . . Elk River Planning Commission Minutes March 23, 1993 Page 11 13. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS IS PROVIDED TO THE CITY BY THE DEVELOPER PRIOR TO RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS REQUIRED BY CITY POLICY). 14. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 15. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0. Conditional Use Permit Stephen Rohlf continued, a conditional use permit will be required for the creation of this sedimentation pond because it is located within the floodway of the Mississippi River. Staff is recommending approval of the conditional use permit for the excavation of this pond with the stipulations noted in staff's memo dated March 18, 1993. Chairman Minton opened the public hearing. Tom Newstrom, 18141 Fresno, requested clarification on whether or not the sedimentation pond could handle Heritage Landing and this proposed plat. Mr. Maurer replied. There being no further comments from the public, Chairman Minton closed the public hearing. COMMISSIONER TVEITE RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY IRV MOLDENHAUER, CASE NUMBER CU 93-08, CITING STAFF'S MEMO DATED MARCH 18, 1993, WITH THE FOLLOWING STIPULATIONS: 1. THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY. 2. THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF THE ADJACENT BACKWATER. 3. AN ARMY CORPS OF ENGINEERS PERMIT IS OBTAINED, IF REQUIRED. 4. THE SIDE SLOPES OF THIS SEDIMENTATION POND MEET CITY STANDARDS FOR SAFETY REASONS. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The Planning Commission recessed at 10:15 p.m. and reconvened at 10:30 p.m. 11. Consider Preliminary Plat And Associated Variance Request By Dennis Backes/Public Hearing