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Elk River City Counei Minutes -- . - .. :. .__._ _ _ Page 3 <br />February 1, 1993 <br />• Mr. Mike Weist, owner of Lot 9, indicated he is the property ownez who <br />will not be participating in the excavation project. Mr. Weise stated <br />that the City Engineer has indicated that the excavation project could <br />improve the aesthetics in the area, but he cautioned the Council to <br />consider the affects the excavation will have on the habitat. He <br />referenced the letter from the DNR which states that. open water does <br />not necessarily. create a good environment for wildlife and. he is <br />wondering how much benefit will be gained if the ducks and. geese flock <br />to the excavation area and then chase away the other habitats such as <br />the hawks and eagles. He also cautioned the Council that the water in <br />the area could dry up and fur~:.•her that the water will be created from <br />runoff which may contain fertilizers, therefore. turning the pond into a <br />swamp or mosquito breeding pond. <br />Discussion was. held by the Council regarding maintenance of the pond, <br />It was Council consensus that maintenance of the pond would be the <br />responsibility of the homeowners.. . <br />There being no further comments, Mayor Duitsman closed the public <br />hearing. <br />The City Attorney, Peter Beck, suggested that the City consider <br />requiring a letter of credit for the project. <br />Rita Johnson, Planning Commission Representative, indicated that the <br />Planning Commission recommended approval with eleven stipulations. <br />The Council concurred with the Planning Commission's recommendation and <br />added three more stipulations pertaini::y to pond maintenance, payment <br />for the culvert, and letter of credit. <br />COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT <br />REQUEST BY STEVEN SHOEMAKER TO EXCAVATE A WETLAND AREA IN ROYAL OARS <br />RIDGE WITH THE FOLLOWING STIPULATIONS: <br />1. TRUCKS ENTER AND EXIT T.ME SITE VIA TFDr MORRELL AND DESCHENES <br />PROPERTY TO TF~ SOUTH, ONTO COUNTY ROAD 13. WRITTEN PERMISSION IN <br />A FORMAT APPROVED BY CITY STAFF FROM MORRELL AND DESCHENES TO USE <br />THEIR PROPERTY BE PROVIDED TO THE CITY TO ENSURE .THAT TRUCKS WILL <br />NOT BE ROUTED THROUGH RESIDENTIAL STREETS. .FURTHER, THE APPLICANT <br />COMPLY WITH THE COUNTY REQUEST TO HAVE THE AREA."SIGNED" TO INFORM <br />TRAFFIC OF TRUCKS ENTERING AND EXITING AND COMPLY WITH THE WEIGHT <br />RESTRICTIONS. <br />2. FOR SAFETY AS WELL AS WILDLIFE PUR_DOSES, SLOPES SHALL NOT EXCEED <br />5:1 AND THE DEPTH SHALL NOT EXCEED 3-4 FEET OF WATER. THE DNR <br />GUIDELINES OF 10:1 SLOPES, 2-3 FOOT AVERAGE DEPTH OF WATER, <br />NATURAL VEGETATION ALONG Tom: PERIMETER OF THE POND, AND IRREGULAR <br />SHORELINE SHALL BE IK.AINTAINED IN THE SOUTH lf2 OF THE POND. <br />3. NO FILL SHALL BE PLACED BACK INTO TFi:. WETLAND BOUNDARY. <br />