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5.9 PCSR 02-28-1995 r-c\4 - / Al ITEM No. 5.9 ity of AkRiver MEMORANDUM TO: Planning Commission FROM: Gary Schmitz, Planning Assistant DATE: February 28, 1995 SUBJECT: Conditional Use Permit Extension Request By Steven Shoemaker Case No. CU 92-25 Request Steven Shoemaker is requesting a two year extension to the conditional use permit he received on February 1, 1993, which would allow him to excavate a wetland area to create an open water pond in the Royal Oaks Ridge Subdivision. • Location Lots 6, 7, 8, 9, 10, 11, Block 4 , Royal Oaks Ridge Subdivision. Zoning/Land Use Ric (Single Family Residential) / MR (Medium Density Residential) Attachments • Site Plan • Letter from the applicant • Minutes of the 12/22/92 Planning Commission meeting • Minutes of the 1/26/93 Planning Commission meeting • Minutes of the 2/1/93 City Council meeting Analysis On February 1, 1993, Steven Shoemaker received approval of a conditional use permit to excavate a wetland area to create an open water pond in Royal Oaks Ridge. The request involved two meetings with the Planning Commission and one with the City Council. In conjunction with the approval • there were fourteen conditions added to the request by the City Council. One 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 . of the conditions was that trucks exiting and entering the site be required to use County Road 13 (Twin Lakes Road) and not the residential streets in the Royal Oaks Subdivision. The applicant is having difficulty in finding an acceptable route to get the excavating material to County Road 13 and is requesting an additional two year extension to the conditional use permit. A conditional use permit must be substantially completed within two years of approval or the request becomes invalid. Elk River City Code does allow the option for an extension if the Planning Commission and the City Council feels the extension is warranted. Attached to the memo is a copy of the minutes from the meetings with the Planning Commission and City Council . The minutes should explain this request in detail. It is staffs opinion that conditions have not changed to warrant denying the request. Recommendation Staff recommends approval of the two year extension request by Steven Shoemaker for conditional use permit#92-25, which would allow the applicant an additional two years to excavate a wetland area to create an open winter pond within the Royal Oaks Subdivision with the following conditions: • 1. That the original fourteen conditions required with the existing conditional use permit be included with the extension. 2. An excavation/grading permit with the City of Elk River be required prior to any work being conducted in the wetland area. • s:planning:pc:cu92-25 • 1 • I z , ,<oc.51 3 7 P w YN E N JI / CIRCLE v 1 /\ 2 ,/\ �\ // 7v),\\''s•C') —••••• .. : ... . — • 4 6141‘ _ _ --- _ _. — 4 J! _ .J— t r• y :__!....:... _! 1.- r_V-Y- _Owi _ _ ♦--- _'-- r .4 J- -+4- r • J — . _ i + . '''2.----7 1— . ; h . Jh- � ▪ I --- •..1 — — - - .•14 wlr ... ..Ix-..s-_ •Ix— — • .—...•— — lJx ..4- .Jy.-- J —_--L ♦4 _., yJ' .. 7 r . ..I .J • •••••__!'— ._ _ ^ ' a= : J•y- _.1"—'-1• -1-.47-;rl . — —r wy — — — a4 .4 ..4— ._=J_r-- J_ — _� J. rl... •. -W SITE MAP • % • ( ,if...) ,,. ..... City of ' �a E1k ' CASs CU 92-25'River P.O.� o _• ._ Box 4 0 • 13065 Orono Parkway • Elk River, MN 5;1.'30 • (612) 4,1_7"70 , 1��� To : Elk River City Council : 24 Jan 95 �� Reference : Conditional Use Permit Extension I reouest an extension of at least 2 years to the Conditional Use Permit filed for a pond excavation in Royal Oaks Ridge . This Permit is set to expire in Feb 95 . The Pond has yet to be excavated due to difficulties in finding an acceptable route to get the dirt to the highway . This extension will allow me time to seek additional means of properly disposing of the dirt acceptable to the City . Thank you very much ! Elk River Planning Commission Page 5 December 22, 1992 • 6. Consider Conditional Use Permit Request by Larry Le.tschuh/Public Hearing Janelle Schmitz, Zoning Assistant, explained the applicant, Larry Leitschuh, 9110-83rd Avenue N, Brooklyn Park, MN, is requesting a conditional use permit to operate a health facility (aerobic studio) in the Elk River Mall. The owner of the proposed facility is Janelle Swanson of Monticello. Ms. Schmitz continued: Janelle Swanson is interested in locating a health facility in the Elk River Mall at 692 Freeport Avenue. The facility would primarily be used for aerobic exercise classes. According to the Elk River Plaza PUD agreement, commercial recreational uses such as this are considered a conditional use, therefore, a conditional use permit is required. The site plan shows a new sound wall will be placed along the perimeter of the site. The proposed hours of operation are 8 a.m. to 8 p.m. Because the facility is located within a shopping center, the parking requirement does not need to be addressed with this request. Staff is recommending approval of the conditional use permit request to operate a health facility in the Elk River Mall and recommends the following stipulation be added to this approval: The space be sound proofed. • Chairman Nadeau opened the public hearing. There being no comments from the public, Chairman Nadeau closed the public hearing. Commissioner Spotts questioned why the planning commission had to review this request if staff could make the appropriate decision. Janelle Schmitz informed the planning commission that due to the conditional use status in this PUD, planning commission action is required. Further, staff plans to work with the City attorney and the developer regarding this PUD in an effort to make it more flexible. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A HEALTH FACILITY (AEROBIC STUDIO) IN THE ELK RIVER MALL, CASE NO. 92-026, CITING STAFF'S MEMO DATED DECEMBER 15, 1992, SUBJECT TO THE FOLLOWING STIPULATION: 1. THE SPACE BE SOUND PROOFED. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Consider A Conditional Use Permit Request by Steven Shoemaker/Public Hearing • Commissioner Spotts stated he is a property owner within the affected area and would abstain from discussion and voting on this item due to the perception of conflict of interest. Elk River Planning Commission Page 6 December 22, 1992 • Janelle Schmitz, Zoning Assistant, explained the applicant, Steven Shoemaker, 11106-190th Avenue NW, is requesting a conditional use permit to excavate roughly 31,250 cubic yards of black dirt from a Type 3 wetland to construct an open water pond for wildlife viewing. The Soil and Water Conservation District, the Board of Water and Soil Resources, and the Army Corps of Engineers reviewed this request and reported no problems with the request. Although the proposal will not affect any public water wetlands and approval of the DNR is not required, Dale Homuth, DNR Area Hydrologist, commented that the proposed alteration should not be viewed as a wildlife habitat improvement and suggested modifications. Ms. Schmitz expressed staff's concerns with the amount of traffic generated with this proposal. Considering the amount of fill being removed, the truck traffic in a residential neighborhood would be extensive. The applicant is researching alternative routes. Ms. Schmitz reminded the planning commission of Terry Maurer's letter suggesting the streets be inspected before beginning the proposed project. Staff believes the traffic issue and related road condition issues are the primary concerns with this request. Ed Stoutenburg, 19032 Yale Circle NW, asked if the pond would alter current drainage patterns. Ms. Schmitz responded as per the City engineer, it will not improve drainage in the area however, it should • not have a detrimental affect either. Ms. Schmitz indicated staff is recommending denial of the request for a conditional use permit to excavate 31,250 cubic yards of black dirt in a Type 3 wetland. Further, staff feels this request does not meet the seven standards for a conditional use permit. Ms. Schmitz stated staff is particularly concerned with the traffic generated by the proposed use and the affect the use would have on the residential area. If the applicant were to find an alternative route for trucks to use and the plan was altered to comply with the DNR recommendations, staff would be more supportive of the request. Chairman Nadeau opened the public hearing. Stephen Hartman, 19075 Xavier Street NW, asked if this pond would affect the normal drainage flow in the area when it is constructed and several years from now. Further, can a drainage study be done to eliminate concerns of this nature. Stephen Rohlf explained the current drainage pattern of the area and replied the City engineer and the Soil and Water Conservation District did not have any particular concerns regarding drainage patterns. Ms. Schmitz recommended the planning commission and the City require soil boring tests prior to the proposed excavation. In conclusion, Mr. Hartman stated his concern regarding the traffic in his neighborhood and that he is against the proposed wetland excavation. 41/0 After extensive discussion and given the complexity of the proposed excavation, the planning commission recommended continuing this item until questions can be resolved and presented more clearly. Ms. Elk River Planning Commission Page 7 December 22, 1992 • Schmitz recommended Steven Shoemaker return to the commission with a new site plan with several issues resolved (truck access/alternative routes, design, and amount of fill being removed) . Ms. Schmitz also requested the applicant show the gas lines on the revised site plan. COMMISSIONER JOHNSON MOVED TO CONTINUE THE PUBLIC HEARING FOR A CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER, CASE NO. CU 92-025, TO THE JANUARY 26, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Farmers Market/Bill Kennedy (Informational Item) Janelle Schmitz, Zoning Assistant, briefed the planning commission regarding a proposed Farmers Market by Bill Kennedy. The Farmers Market has been approved as a non-profit organization. The Kennedy's hope to begin operating on May 1, 1993 and remain open through the end of October. Two sites have been tentatively chosen from which to operate the Farmers Market: the downtown parking lot behind Johnson's Department Store and the Cenex location on Highway 10 and Hudson Street. The Cenex site is zoned C3 and allows produce markets, however, the downtown site is zoned Cl and does not. Also, signage issues need to be resolved: the Kennedy's indicated they wish to have a permanent sign as well as a banner at each location which would remain throughout the • entire season. The Kennedy's also indicated they would like to have several off-premise directional signs. Issues related to parking should be addressed prior to the Farmers Market opening. More information regarding the layout of the proposed Farmers Market is needed. It was the consensus of the planning commission that a Farmers Market would be an appropriate use in the downtown area, and they would be supportive of an ordinance amendment to allow such a use. 9. OTHER BUSINESS Commissioner Spotts reported the City Council requested a joint City Council and Planning Commission meeting, possibly in February, 1993. Commissioner Johnson requested staff review City liability regarding wetlands and ponds in residential areas and report back to the commission. Commissioner Spotts indicated he would not be attending the Annual Meeting in January, 1993. Stephen Rohlf informed the planning commission of a recent letter from Elk River Associates regarding a meeting January 7, 1993. The meeting will be a public meeting presenting the project to the public and • receiving input from concerned parties. The location of the meeting will be published in the local newspaper. A copy of the letter was given to each planning commissioner. Elk River Planning Commission_Minutes=:_____ -Page 2 January 26, 1993 - Co O Mr. Rohlf briefed the commission regarding the disagreement -n f paid to the City by the landfill. These differences have been resol d however, the resolution requires amendments to the conditional use permit and the landfill's license. An amendment to Section 604.14 of the City Solid Waite Ordinance, "Expiration, Renewal, and Revocation" would allow a two year permit from the date it is issued. Language on the technical issues in the conditional use permit will remain the same as last year's renewal. Mr. Rohlf recommended one further change, incorporating the Emergency Reporting System into the permit. Peter Beck, City Attorney, stated it is in the NSP and UPA permits and would be advisable to incorporate it into the landfill's permit. Mr. Rohlf indicated the need to be efficient with the use of consultant time involving the City and the County. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Commissioner Johnson requested clarification of fees paid by the landfill. Peter Beck responded and clarified the issue of fees. COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE RENEWAL OF A CONDITIONAL USE PERMIT BY CHRIS AND VICKI KREGER, ELK RIVER LANDFILL, CASE NUMBER CU 93-002, CITING STAFF'S MEMO DATED JANUARY 6, 1993, SUBJECT TO THE FOLLOWING STIPULATION: 1. STAFF INCORPORATE THE EMERGENCY REPORTING SYSTEM INTO THE LANGUAGE OF THE CONDITIONAL USE PERMIT. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 3-0, `,. COMMISSIONER KREGER ABSTAINED. 6. Consider a Conditional Use Permit Request for a Wetland Excavation by Steven Shoemaker/Public Hearing Janelle Schmitz, Zoning Assistant, briefed the commission regarding this item originally reviewed by the Planning Commission on December 22, 1992. The applicants, Steven and Susan Shoemaker, 11106-190th Avenue NW, are requesting a conditional use permit to excavate a wetland area and create an open water pond in Royal Oaks Ridge. Ms. Schmitz summarized the changes since the December 22 meeting. Truck traffic: trucks will be routed through private property owned by Larry Morrell and George Deschenes onto County Road 13. Harvey Richner, Sherburne County Highway Department, stated although no access permit would be required, the County would like to see the area "signed" to inform motorists of traffic at this location. Site Plan: a revised site plan showing the estimated amount of excavated fill to be 19,000, the north 1/2 of the pond maintaining 5:1 slopes and an average depth of 4-5 feet, a manicured pond (natural vegetation would not be planted) , and a 10:1 slope on the back portion of the pond. Drainage: • The proposed excavation should not have an affect on the drainage in the area. The proposed hours of operation are 7 a.m. to 7 p.m. In a letter dated January 20, 1993, Terry Maurer, City Engineer, indicated a detailed grading plan should be required. Staff is recommending Elk River Planning Commission Minutes Page 3 January 26, 1993 • approval of the general concept of this request subject to the stipulations detailed in staff's memo dated January 20, 1993. Commissioner Johnson requested the City Attorney address the safety issue and discuss City liability regarding wetlands and ponds in residential areas. Peter Beck replied there are safety implications, however, liability alone should not dictate a decision regarding wetlands. Susan Shoemaker, questioned the request for a detailed grading plan. Stephen Rohlf answered this would be necessary to verify requirements, spillway elevation, water table, etc. Chairman Minton opened the public hearing. Michael Wiest, 11072-190th Avenue, expressed confusion over whether this wetland is protected and if so, by what agency. Ms. Schmitz recounted the various agencies (Army Corps of Engineers, DNR, etc. ) and the wetlands protected under their jurisdiction. Robert Underwood, 11134-190th Avenue, questioned the time length of the proposed excavation and would the project be year 'round. Ms. Schmitz replied City ordinance states excavation projects such as this shall not exceed 2 years. The time frame on this request is dependent on the • individual contractor selected by the Shoemaker's. It is possible for the excavation to be a year 'round project. Mr. Underwood expressed concern regarding a property tax increase due to increased property values of such a project. Peter Beck replied that this particular issue would have to be answered by the County Assessor. Thomas Cruz, 11145-190th Avenue, iterated the traffic and tax concerns. Commissioner Minton asked Mrs. Shoemaker if they had a contingency plan for the excavation if the owners of lots 8 and 9 disagree with the excavation. Mrs. Shoemaker stated the excavation would continue, however, lots 8 and 9 would not be included in the pond. Commissioner Minton questioned the hours of operation starting at 7 a.m. may be a bit early and asked Mrs. Shoemaker if 8 a.m. would be acceptable. Mrs. Shoemaker replied it would be acceptable. In conclusion, Commissioner Minton indicated signatures from both property owners (Morrell and Deschenes, regarding truck traffic) have not been obtained. Mrs. Shoemaker stated one signature was not obtained, however, no problems were anticipated. Peter Beck replied the City must have written permission in the form of a legal and binding document approved by staff. There being no further comments from the public, Commissioner Minton closed the public hearing. COMMISSIONER TVEITE MOVED TO RECOMMENDED APPROVAL OF THE CONDITIONAL . USE PERMIT BY STEVEN SHOEMAKER, CASE NUMBER 92-025, CITING STAFF'S MEMO DATED JANUARY 20, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: Elk River Planning Commission Minutes Page 4 January 26, 1993 • 1. TRUCKS ENTER AND EXIT THE SITE VIA THE MORRELL AND DESCHENES PROPERTY TO THE SOUTH, ONTO COUNTY ROAD 13. WRITTEN PERMISSION IN A FORMAT APPROVED BY CITY STAFF FROM MORRELL AND DESCHENES 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 PERIMETER 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. 4. SLOPES ARE STABILIZED AND PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 5. THE EXCAVATION SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERN FOR THE AREA. 6. THE APPLICANT PROVIDE THE CITY WITH A DETAILED GRADING PLAN AS • OUTLINED IN TERRY MAURER'S LETTER DATED JANUARY 20, 1993. 7. THE APPLICANT REIMBURSE THE CITY FOR THE COST OF REVIEWING AND INSPECTING THE EXCAVATION PROJECT. 8. THE APPLICANT OBTAIN THE SIGNATURES OF THE PROPERTY OWNERS FOR LOTS 8 AND 9, BLOCK 4, ROYAL OAKS RIDGE OR THESE LOTS SHALL BE EXCLUDED FROM THE REQUEST. 9. THE HOURS OF OPERATION BE RESTRICTED FROM 8 A.M. TO 7 P.M. , MONDAY THROUGH SATURDAY. 10. EXCAVATION ACTIVITY SHALL BE COMPLETED WITHIN 2 YEARS OF THE DATE OF THE APPROVAL. 11. STOCKPILING OF EXCAVATED DIRT SHALL BE APPROVED BY CITY STAFF. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Consider a Sign Request by Mike and Kathy Fitschen of Princeton/Public Hearing Janelle Schmitz, Zoning Assistant, stated the applicants, Mike and Kathy Fitschen (Spectrum Photographic Services) , Rt. 2 Box 258, Princeton, MN, requested approval for signage as new tenants of the Big • Wheel Rossi building. Ms. Schmitz continued: this is a permitted use in a PUD however, signage is subject to review and approval by the Planning Commission Elk River City Council Minutes Page 2 February 1, 1993 (D ));:5> No one appeared for this item. O • 5.1. Supplemental Assessment Hearing/Public Hearing Western Area Phase I The City Clerk noted that following the Western Area Assessment Hearing, staff noticed an error in notifying one of the residents involved in the assessment project. She stated that in order to correct the error, staff has properly and legally notified the resident, Mr. Ronald Crapser, who owns property affected by the Western Area Assessment at 1937 2nd Street, of this supplemental assessment hearing. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-3, A RESOLUTION ADOPTING SUPPLEMENTAL ASSESSMENT ROLL FOR THE WESTERN AREA PHASE I ASSESSMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. '!y c 6.1. Conditional Use Permit/Public Hearing Excavation of Wetland/ Steven l�(�� Shoemaker Janelle Schmitz, Zoning Assistant, explained that Steven Shoemaker of 11106 190th Avenue NW is requesting a conditional use permit to • excavate a wetland area to create an open water pond in Royal Oaks Ridge. She stated the Planning Commission reviewed this request at its December 22 and January 26 meetings. The Planning Commission had continued a decision on this matter in order to allow the applicant to address several concerns including traffic, the size of the pond, the duration of the project, and comments from the DNR. Janelle Schmitz reviewed the topics pertaining to truck traffic, the site plan, drainage, noise, safety, future excavations, and the effect on property values. Terry Maurer, City Engineer, indicated that he had reviewed the initial excavation request and stated he has no problem with the concept. He further stated that he would recommend that a more detailed grading and site plan be submitted to the City so that staff can adequately monitor the work that is being completed. The Council questioned how this project would affect other drainage areas in the City, especially Mr. George Deschene's area. Terry Maurer indicated that this excavation project will not cause any further problems to Mr. Deschene's area. Mayor Duitsman opened the public hearing. The applicant, Mr. Shoemaker, 11106 190th Avenue NW, indicated that all but one adjoining property owner is contributing to the excavation. Mr. Shoemaker requested that the culvert between Lots 7 & 8 be extended. He suggested that the extension of the culvert be paid for • by the City. Janelle Schmitz indicated that this has been discussed by staff and it was staff's feeling that the cost for the culvert should be picked up by the homeowners. 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. Elk River City Council Minutes _ Page 4 February 1, 1993 • 4. SLOPES ARE STABILIZED AND PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 5. THE EXCAVATION SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERN FOR THE AREA. 6. THE APPLICANT PROVIDE THE CITY WITH A DETAILED GRADING PLAN AS OUTLINED IN TERRY MAURER'S LETTER DATED JANUARY 20, 1993. 7. THE APPLICANT REIMBURSE THE CITY FOR THE COST OF REVIEWING AND INSPECTING THE EXCAVATION PROJECT. 8. THE APPLICANT OBTAIN THE SIGNATURES OF THE PROPERTY OWNERS FOR LOT 8, BLOCK 4, ROYAL OAKS RIDGE OR THIS LOT SHALL BE EXCLUDED FROM THE REQUEST. FURTHER, LOT 9 IS EXCLUDED FROM THE PROJECT. 9. THE HOURS OF OPERATION BE RESTRICTED FROM 8 A.M. TO 7 P.M., MONDAY THROUGH SATURDAY. 10. EXCAVATION ACTIVITY SHALL BE COMPLETED WITHIN 2 YEARS OF THE DATE OF THE APPROVAL. 11. STOCKPILING OF EXCAVATED DIRT SHALL BE APPROVED BY CITY STAFF. • 12. THE POND AREA BE MAINTAINED BY THE PROPERTY OWNER. 13. THE CULVERT EXTENSION BE PAID FOR BY THE PROPERTY OWNERS. 14. A LETTER OF CREDIT BE ESTABLISHED BY CITY STAFF FOR THE EXCAVATION PROJECT. COUNCILMEMBER DIETZ SECONDED TEE MOTION. THE MOTION CARRIED 5-0. 6.2. Conditional Use Permit Recuest by Sandy Chenvert/Public Hearing/CU-93-001 Janelle Schmitz stated that Sandy Chenvert of 112 Birch, St. Michael, Minnesota, has requested a conditional use permit to operate an aerobics studio in the Cody Square building located on 173rd Avenue NW. Janelle Schmitz reviewed staff and Planning Commission concerns pertaining to utilities, landscaping, signage, drainage, parking, traffic, building code, and conditional use permit standards. Janelle Schmitz stated that the Planning Commission discussed the fact that the original conditional use permit was not subject to the current landscaping requirements. The Planning Commission discussed whether it would be appropriate to enforce this condition at this time. Mayor Duitsman opened the public hearing. • Mark Kleckner introduced himself as the property manager for the building. He stated that one of the conditions discussed and required by the Planning Commission was that the rear wall and ceiling be soundproofed. He requested the Council to reconsider this requirement