7.12. SR 03-20-1995~~r ~~
ty of ~~
lk •
River
TO:
FROM:
DATE:
ITEM 7.12.
MEMORANDUM
Mayor and City Council
Gary Schmitz, Planning Assistant ~~
March 20, 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
R1c (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.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
One 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 staff's opinion that
conditions have not changed to warrant denying the request.
Planning Commission Meeting
At the February 28, 1995 Planning Commission meeting the Commission
concurred with staff findings and recommended approval of the 2 year
extension request by Steve Shoemaker.
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.
.,
Planning Commission Minutes
February 28, 1995
Page 1 l
• COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.8.> Ordinance Esfiablishing a lvtoratorium on Multi-Family Development Public'
H~arina Case No. OA 95-2
Staff report by Steve Ach. The Steering Committee requested the moratorium be
placed. on multi-family development until the .Committee has concluded .its work
in updating the Comprehensive Plan, and the City has adopted the appropriate
official controls to implement the updated plan.
Chair Kuester opened the public hearing. There being no comments from the
:public, Chair Kuester closed the. public hearing.
.COMMISSIONER MINION MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE
AMENDMENT ESTABLISHING A MORATORIUM ON MULTI-fAMILY DEVELOPMENT,
PUBLIC HEARING CASE NO. OA 95-02. COMMISSIONER DILLON SECONDED THE
MOTION. FHE MOTION CARRIED 5-0.
5.9; Request for Extension of Conditional Use Permit far Shoemaker CU 9~-25
Staff report by Gary Schmitz. The applicant requests 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
• Subdivision. The applicant is .having difficulty in finding an acceptable route to
get the excavating material to County Road 13. Staff feels conditions have not
changed to warrant denying the request for an extension.
COMMISSIONER MINION MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
STEVE SHOEMAKER FOR A TWO (2) YEAR EXTENSION OF HIS CONDITIONAL USE
PERMIT, CASE NO. CU 92-25, BASED ON THE FACT THE APPLICANT IS HAVING
DIFFICULTY tN FINDING A ROUTE TO REMOVE THE MATERIAL, WITH THE FOLLOWING
CONDITIONS:
1. THAT THE ORIGINAL FOURTEEN CONDITIONS REQUIRED WITH THE EXISTING
CONDITIONAL USE PERMIT BE INCLUDED WITH THE EXTENSION.
2. AN EXCAVATIONJGRADING PERMIT WITH THE CITY OF ELK RIVER BE
REQUIRED PRIOR TO ANY WORK BEING CONDUCTED IN THE WETLAND AREA.
COMMISSIONER SULLIVAN-SLOCUM SECONDED THE .MOTION. THE MOTION
CARRIED 5-0.
5.10. Ordinance Amendment to Section 900 25 -Home Occupations' Public Hearing
''' Case No. OA 95-1
Staff report by Troy Langer. Proposed amendments as follows:
Section 2. E. Language was changed from "other adult oriented businesses" to
"sexually oriented land uses".and language regarding "gun repair
andJor sales" was added.
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Elk River Planning Commission
December 22, 1992
•
Page 5
6. Consider Conditional Use Permit Request by Larry Leitschuh/Public.
Hearing
Janelle Schmitz, Zoning Assistant, explained the applicant, Larry
Letschuh, 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 mare flexible.
COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE
PERMIT TO OFERATE A HEALTH FACILITY (AEROBIC STUDIO) IN THE ELK RIPER
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
December 22, 1992
Page 6
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 Sail 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. Zf 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 23adeau opened the public hearing.
r ~
LJ
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.
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
December 22, 1992
Page 7
SChmit2 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
ELR RIVER PUBLIC LIBRARY. COMMISSIONER TVEITE SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
8. Farmers Market/Bill Rennedy (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 C1 and does not. Also, signage issues need to
be resolved:. the Kennedy's indicated they wish to have a permanent sign
. as well
.entire
several
should
inf orma~
needed.
as a banner at each local
season. The Kennedy's
off-premise directional
be addressed prior to
lion regarding the layout
ion which would remain throughout the
also indicated they would like to have
signs. Issues related to parking
the Farmers Market opening. More
of the proposed Farmers Market is
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
3anuary 26,.1993
~~
Mr. Rohlf briefed the commission regarding the disagreement '~dn - 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 Waste 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 VICRI RREGER, ELR 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. TH_E MOTION. CARRIED 3-0,
-`,. COMMISSIONER RREGER 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 an 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 iunplications,
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. TRUCRS 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 TRUCRS 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 10:5 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 X58,
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 PL'D however,
signage is subject to review and approval by the Planning Commission
Elk River City Counc~_ Minutes Page 2
February 1, 1993
.~ __ -
No one appeared for this item.
5.1. Supvlemental 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 Znd 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.
6.1. Conditional Use Permit/Public Hearing Excavation of Wetland/ Steven
l ~ Shoemaker
Jane le 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 mattes 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. Te=ry 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 Counei Minutes -- . - .. :. .__._ _ _ Page 3
February 1, 1993
• Mr. Mike Weist, owner of Lot 9, indicated he is the property ownez who
will not be participating in the excavation project. Mr. Weise 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 fur~:.•her 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 pertaini::y 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 T.ME SITE VIA TFDr MORRELL AND DESCHENES
PROPERTY TO TF~ 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 PUR_DOSES, 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 Tom: PERIMETER OF THE POND, AND IRREGULAR
SHORELINE SHALL BE IK.AINTAINED IN THE SOUTH lf2 OF THE POND.
3. NO FILL SHALL BE PLACED BACK INTO TFi:. WETLAND BOUNDARY.
Elk River City Counc_ 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 DRAINAGF, 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 OBTATN THE SIGNATURES OF THE PROPERTY OWNERS FOR LOT
8, BLOCK 4, ROYAL OAK5 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.
I3. THE .CULVERT EXTENSION BE PAID FOR BY THE PROPERTY OWNERS.
14. A LETTER OF CREDIT BE ESTABLISHED BY CITY STAFF FOR THE EXCAVATION
PROJECT.
COtTNCILMEMBER DIETZ SECONDED TFi"~.. MOTION. THE MOTION CARRIED 5-0.
6.2. Conditional Use Permit Revuest by Sandv 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 an 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