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6. Wetland Permit to Dredge Silt from Channel in Class A, South of Lots Fronting on Washta Bay Rd. Minnewashta Manor HOA r 1. - 6 1 C I T Y O F P.C. DATE: Jan . 4 , 1989 II \ 1 ' CHANHASSEN C.C. DATE: Jan. 23 , 1989 CASE NO 88-17 WAP II Prepared by: Hanson/v • il STAFF REPORT I . II PROPOSAL: Wetland Alteration Permit to a Class A Wetland for Dredging an Existing Navigation and Boat Mooring F. Channel U LOCATION: North Shore of Lake Minnewashta _ IAPPLICANT: Minnewashta Manor Channel Homeowner s _:.;,. Q �, c/o Harry Niemela i /_1218 2901 Washta Bay Road = Excelsior, MN 55331 IIPRESENT ZONING: RD, Recreational Development Lake RSF, Single Family Residential IACREAGE: 940 ' in length x 50 ' II DENSITY: N/A ADJACENT ZONING AND LAND USE: N- RSF; single family S- RD; wetland ' E- RSF; single family W- RD; open water IW WATER AND SEWER: N/A PHYSICAL CHARAC. : Wetland and lake channel II2000 LAND USE PLAN: Lake I tA VI ii NV`1, tA 4 . -, :9 : 4*11 (I\ Z I, : it IP . ... At • a • ;_ ,. �9 CO es -. Ng„ \ f/' . • • 0-- .0, ,. Ai N ‘1)51 3. ' 2 r -+ i n �'� • Io jai 9, � _.. . ... G 9 t lit om � � 9 -AV' / /.).- 04 *- ' 0 -A c(- - ' . - ----- . , :. Alh, 0 ')) "SbM�NNIw o �� a VI • 0 :3).---- cr 'Q \ (Ji ,O �� a �cc N N CD TANAGERS. • I • of: di) 6o O -1.1 Wt/?4•35‘ O f‘.1 / C � I A 9) .- 0100 N J �,� 4 NY'i i09 N 13 ;. :: m - �� _ _ , OC Iiirr Od • N • - 3., 0.-r- yu' O . ,' � p � C ,• � m p - , �W f • �, • �■ 1 :;.1 . o , o - • LANE *YT. n. Q' ep _� - u L Q i. T CD i Minnewashta Manor Channel Homeowners January 4 , 1988 Page 2 BACKGROUND This is an existing channel which provides access to lots in Minnewashta Manor. The applicants are requesting a permit at this time to dredge the channel to remove silt accumulation from the channel. The dredging will occur this winter while the lake is still frozen. ' ANALYSIS Staff visited the site with Paul Burke of the Fish and Wildlife Service to evaluate the proposed dredging. It was his opinion that the dredging could occur without detrimental impacts to the wetland area along the channel provided no disposal was done in the immediate area and that equipment stay within the defined channel.. The main concern was with the disposal of the material. The applicants initially proposed a location off of Sandpiper Lane. This was found to be a wetland area and was dropped from ' consideration. At that point, the applicant suggested they would find an upland area on which to dispose of the material or remove the material to a disposal site outside of the city. SThe applicants contacted the city about a site south of TH 7 , east of Arbor and west of the channel that extends north from Lake Minnewashta. We visited this property with Larry Smith of the Fish and Wildlife Service who identified one area of the pro- perty as a wetland. He felt another portion of the site, while technically a wetland, was a marginal wetland area. He felt ' if the fill material would be kept up on the slope and away from the existing swale that the fill material could be placed in this area provided erosion control measures were put in place. tThe applicants have provided a grading plan for the fill area which appears to respect the concerns of Larry Smith. The plan is being referred to Fish and Wildlife for their review. The plan does not indicate how the material will be transported to the site. ' The applicants are desirous of getting this approved so they can complete the work while the lake is in a frozen state. ' RECOMMENDATION Planning staff recommends the Planning Commission adopt the following motion: ' "The Planning Commission recommends approval of the Wetland Alteration Permit #88-17 subject to the following conditions : ' 1 . Final approval of the disposal site by the Fish and Wildlife Service. ' 2 . Identify the access road. I Minnewashta Manor Channel Homeowners January 4 , 1988 Page 3 PLANNING COMMISSION ACTION The Planning Commission recommended approval of the Wetland Alteration Permit as recommended by staff. STAFF UPDATE i The letter from the Fish and Wildlife Service was received January 9 , 1989, and confirms that the disposal site is appropriate for the dredged material. The access road has been noted on a may by the applicant. A letter from the owner of the property where the material is to be disposed has been received. Staff finds the application in compliance with the city ordinan- ces. CITY COUNCIL RECOMMENDATION ' Staff recommends the City Council adopt the following motion: "The City Council approves Wetland Alteration Permit #88-17 based on the plans stamped "Received December 16 , 1988 and December 29, 1988" subject to the following conditions: I 1 . The erosion control shall be reviewed to reflect the city' s standards for the Type II erosion control ( staked hay bales and snow fence) prior to the commencement of any construc- tion. 2 . The applicant shall provide copies of the approved permits as may be required from DNR, Watershed District and Corps of Engineers for this project. " ATTACHMENTS 1 . Memo from Larry Brown dated December 29 , 1988 . 2 . Letter from DNR dated November 17 , 1988 . 3 . Letter from Fish and Wildlife Service dated January 6 , 1989 . 4 . Letter from Minnetonka Portable Dredging. 5 . Application. 6 . Agreement between Joe Boyer and Minnewashta Manor Shoreowners. 7 . Detail of dredged area, access road and fill area locations . 8 . Planning Commission minutes dated January 4 , 1989 . . . II CITY OF II , , , , , # \ . . N CHANHASSEN I ALI , , ', ' a'' - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 II 1-°' (612) 937-1900 i MEMORANDUM ITO: Planning Commission IFROM: Larry Brown, Staff Engineer DATE: December 29, 1988 1 SUBJ: Dredging On Lake Minnewashta #88-9 WAP, Minnewashta Manor HOA, Harry Niemela 1 On November 28 , 1988, the City Council amended Section 20-1 of the City Code which requires an applicant proposing to alter any wetland, including wetlands within the public waters, to proceed I through the wetland alteration permit process . The application from the Minnewashta Manor Homeowners Association proposes the dredging and cleaning out of an existing channel used for boat access along the northeast corner of Lake Minnewashta. II Investigation of the site has confirmed that the channel has been dredged previous to this submittal. The first two plan sheets submitted by Minnetonka Portable Dredging Company shows a plan and cross section view of the pro- posed dredging area. The applicant plans to dredge the channel I while the ice maintains a depth all the way to the lake bottom thus allowing_ for minimal disturbance through the construction process while ensuring safety for the dredging equipment. Staff also requested that the applicant submit additional plans which I showed the proposed dumping site for the excavated material. The third sheet which has been included in the packet dated "Received December 29 , 1988" shows the proposed grading plan for the dispo- ' sal of the dredged material. Attachment #1 shows the location of the proposed fill site. Comments in this report will concentrate on the fill site as the I channel dredging shall be handled in the normal process of the wetland alteration permit. I The applicant has provided for erosion control along all fill areas . The erosion control shall be revised to reflect the city standard for the Type II erosion control ( staked hay bales and Isnow fence) prior to the commencement of any construction. The proposed grading plan would leave a slope of less than 5:. 1. We find that this plan is acceptable. II 4` ' �� ;� ;.Y; ��nn��STATE 2 mOF , W. DEPARTMENT OF NATURAL RESOURCES II 1200 Warner Road. , St. Paul, MN. 55106 PHo1klRd 296-7523 y t� FILE NO v DNR PROTECTED WATERS PERMIT APPLICATION NUMBER !-G'?- II REQUEST FOR REVIEW AND COMMENTS DATE: H-/741 I TO: Loa/ t s2'6/( /2A-g? - US CoC /72,/,( 1/ - /6,?,,-/'e r' I I}1/'ne 1 a Ceee I2 /i 4e47 ("! ' o f C/'ai/qs ri ii FROM: METRO REGION�DIVISIONDOFLWATERS Alm f"l lvr aC)( ?/NActiffaLk. II WATERS AFFECTED: I .a4 ' (me t &S {zt (;°- PROJECT SPONSOR: /i/l/)e sA 7 g/?/1)r )72e ✓ 70-E 11-50c , I NATURE OF WORK: A EYC:o•Ua7 c7 A A be2c. ,e, �� eas/ s/6 1 01 �k /a t r lr'%(qGC 1L.'Yt a/rx-a.-zd . I C/0,2-wid div' t,ms7 SO ,Q,w / 47 s%Pert c u z-Z s�c4 sl fr°S. 1 . I CITY OF CHANHASSEN COMMENTS DUE BY: W -Pl1n I go oi Nov 211988 ENGINEERING DEPT. I L-98 AN EQUAL OPPORTUNITY EMPLOYER • NA-02622-03 Rev'12 85 PERMIT APPLICATION Q OFFICE USE ONLY ° A. NO DEPARTMENT OF TO WORK IN PROTECTED WATERS OR WETLANDS e„1Lam'.a c„ e.. � i0�fi ' �I (INCLUDING NATURAL�RESOURCES DAM SAFETY] C/C IF---) M/,V/v 1fr—S/ A /MA/0 Corti 1- fr'emEow/ �" 0swcD US ■ ■Please read instructions before attempting to complete this application ❑W.D []USCOE U. Applicant's Name (Last, First, M I.) Authorized Agent (if applicable) Telephone Number&areacode f' Far" , ii'/ E fiJ lk,4 � =r'Ag�E_ 1).( %i 117 (6 l3_. '`l `) A • Address (Street, RFD, Box Number, City, State, Zip Code) , , " 7 7"Av' 'ED'S' GA-A/5_ L - ;sc-' -,- -%-t-_---, , 44AJ 1;.,','77-,;.71 -�-33 j# 10:-:; 11 II. LOCATION OF PROPOSED PROJECT (BE SURE TO INCLUDE SKETCH SHOWING HOW TO GET TO THE SITE), Government Lot(s) Quarter Section(s) Sections) No Township(s) No Ranges)No. Lot, Block, Subdivision Ntil/ 4, //69 Z--3 1,1inik'E w4 wri NIA-ACC Fire No , Box No or Project Address County Project will affect, i.Lake O Wetland or O Watercourse I ��>y �r//� f faknownumber/i//f//V /Sh'-2 III. TYPE OF WORK PROPOSED (CHECK ONE) IV. TYPE OF PROJECT (CHECK ONE) IKexcavate ❑ repair ,.shoreline ❑ shore-protection ❑ obstruction ❑ dam ❑ fill ❑ remove (channel ❑ harbor ❑ bridge ❑ other I ❑ drain ❑ abandon ❑ sand blanket ❑ permanent dock ❑ culvert (specify) ❑ construct ❑ other (specify) ❑ install ❑ riprap ❑ wharf C7 ) 1V. ESTIMATED PROJECT COST $ VI. LENGTH OF SHORELINE AFFECTED (IN FEET), VII. VOLUME OF MATERIAL FILLED OR EXCAVATED (IN CUBIC YARDS) 3 0/7 /III. BRIEF EXPLANATION OF PROJECT:(EXPLAIN WHAT PROJECyyC2761STS OF AND HOW WORK WILL BE DONE) r'--5 /MI 0}' GP. APE i 15aG 740 ,G i/r °'" � Cz/23/6, c.-,1-,e2„).5 07= 6&-o MA-7—1=1,L- . WI -k-. W/ fir= CC eG E 1 i. /N Gt,xii-/z_ 0,`,. -17,1 / Gei9-//E_ 4_ '/ ' arts OAf 77/i P? \I 2-4.- e_ . =L7 a--/_ • /4.-2-G 5/t2/z-e i'-T�-�P//4 - w///6c f71/4t1, 6 &Y"772 X/ 7s fn/ 'a iv) Z)/S/-C - Re . lix. PURPOSE OF PROJECT: (Explain why this project is needed) /M e'er /t/ -V/Cr/117OJA/E 'L- /4-',.,.Z..4 S5 "r0 144//11 Z/4�F =cog. eexi/(44-7-5 I ii t 101\-/tEaunli . .5,1'5 e 61//b 441A/v/1/5-Z.. /5 it/oG-,.555' TD/°,e_e�iib 2:1 �� ' c7)4 7r ,c7.(___/4-iii., 67z4 /9, ':lE A4 /9-e&-: Fete r517--"ylL74IN ,N 77c 611/2i-x/NE L 0iJ4 %9w/'5- 4/A .s". IX. ENVIRONMENTAL IMPACT (Anticipated changes to the water and related land resources, including unavoidable but detrimental effects) 5#?(- 1 '✓1 7-1//f,64 4'y C:/7,✓s 5 4- 77/- !-), ,rY,i//V4/ -146707-v/ cTER XI. ALTERNATIVES (Other alternatives to the action proposed) 1 Z•044 7gi'✓t li/J61J/7'c 5 Eb 6) )/9--rio .e, /V NOV 10 198 XII. I hereby make application pursuant to Minnesota Statutes Chapter 105.42 and all supporting rules for a permit to work in or affect the above nam:r .i.,; 4..- water(s)in accordance with all supporting maps,plans,and other information submitted with this application.The information submitted and statem•`_ ..a concerning this application are true and correct to the best of my knowledge. 2 ERS Signatu of Ow er or A razed Agent Date STATE OF 11 . re'.,/ . ( //// COUNTY OF V.t%,— ��J.+�n Signature of L�easee Date Subscribed and sworn to before mis MINNETONKA PORTABLE QRFQGINQ i)DI(„ ti'th ��/ 500 WEST LAKE T EET ,? day of 7, ., ...-11/11-C/1/ 19�J EXCELSIOR, MN I lion. BEVERLY THERAULT W lue:'SW My commission expires Green. SWCD �— l_I " �— � Green• Watershed District I ".,r.,j I COUNTY Goldenrod: City or County Signatur of Notary • • j.`. 1�.1� � �A-L�,�` /�� Pink: Army Corps of Engineers I -�-�—�' I Canary: Applicant fit': _ _ , - m i1 t �' �� C\ �� i I "-• • ;, S re (N ■)) Ca _ ''a - 'r\ l I\. C.) U\ �c\ Z `J ys. . J X .-- sip. t :. > t ) 1 ) \.) 13 �t--,.,.3\ J 1 . :J O r O O O TI :,... x` Z—i 11 I ' ' Cl), r1 : (\ ;> 11 l i` (.) l -J U J X -n r�� 1 ,) J k• H v �� x li �: y - 1` I m _ tir; � -- ((Ili)) - �� CTS ..:}:"..:-:-1. • -' _�_�/� '1t?JIJLj ,, r ---i .y: J� .•' •,,, Or_r>r<',7" I_ �� Lr m m 1 �r. • • `'t t . ti S= .....+ .le. K .i i % .� co QO / i --I r , L� IMENT Of T� ■MEM NM TAKE(° ,. , p United States Department of the Interior 0 FISH AND WILDLIFE SERVICE 11111111111- I• ■ 4 '-`�% ST. PAUL FIELD OFFICE (ES) 50 Park Square Court IN REPLY REFER TO: 400 Sibley Street St. Paul, Minnesota 55101 SPFO January 6, 1989 Mr. Steve Hansen, City Planner City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 Dear Mr. Hansen: This letter is to confirm our December 27, 1988 visit to a site proposed for ' disposal of about 4000 cubic yards of dredged material resulting from the planned maintenance of a boat channel in Lake Minnewashta. Specifically, this site is located approximately 160 feet west of the north/south dead end ' channel on the north side of the lake and approximately 180 feet north of the existing north lake shoreline. Also present at the site visit were Mr. Harry Niemela representing the proponents of the channel maintenance project, and Mr. Larry Brown of the City of Chanhassen. ' Although the potential disposal site was snow-covered, it is either a non- wetland area, or at best, a very marginal wetland. (The area northwest of this site, however, is definitely a wetland, supporting typical wetland vegetation such as red-osier dogwood, black willow, and reed canary grass.) I conclude, therefore, that the area outlined on the topographic survey provided ' by Mr. Niemela could be utilized for dredged material disposal without destroying a valuable wetland resource. Sincerely, ,OF t.„ ' James L. Smit Assistant Field . pervisor I r I ' JAN 0 9 1989 CID OF CHANHASSEN • 1 Minnetonka Portable Dredging 500 West Lake Street Excelsior, MN 55331 Mr. Steven Hanson City Planner City of Chanhassen 690 Coulter Street Chanhassen, Mn 55317 Dear Mr. Hanson: Enclosed is a completed application for the wetland alteration permit for the ' proposed dredging at Minnewashta Manor. Mr. Harry Niemela has signed the application as the applicant and co-owner of the channel property and will represent the channel homeowners. , At this time, we are requesting that you review the dredging portion of the project separately from the filling aspect of the project. If a potential fill site becomes available within the city, we will file an application for filling prior to the dredging activity. At this time it appears the only option is to remove the fill from the city ' and to place the spoil material in an upland site of the contractors choosing. Should you have any additional questions, please contact me at 474-9454, or Harry Niemela at 470-1515. Respectfully Submitted, 1'14111E Clifford Reep 1 Minnetonka Portable Dredging 1 LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 - (612) 937-1900 II APPLICANT: �/y/-�,� --�� rc` C/,�yff �, � _ l:/.yi� �/< G�� fXX-OWNER: .z/. /7- /lam/rte%��y IADDRESS ADDRESS . /d//y� �J V' l',•` .c / �%� S��a� Zip Code Zip Code II i TELEPHONE (Daytime ) y2 ' -/.�/ 5--- TELEPHONE /� - ,7g _ ,712 t REQUEST: • I Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan I Preliminar Plan Zoning Variance Final Plan y UZoning Text Amendment Subdivision Land Use Plan Amendment Platting i Metes and Bounds Conditional Use Permit Street/Easement Vacation Site Plan Review II __ Wetlands Permit PROJECT NAME ,,- -/�>�i : (?,. - 1/S: _ ,%� /////� � ili ��PRESENT LAND USE PLAN DESIGNATION ,�� = �� REQUESTED LAND USE PLAN DESIGNATION` IPRESENT ZONING /" %/4 jj IREQUESTED ZONING �� USES PROPOSED '�f//,`7/7 �(__ �� / 7 ///v ISIZE OF PROPERTY LOCATION /�- /;/ / �`%-� 4/---<%e %!:/'� IREASONS FOR THIS REQUEST vf��7‹- v LEGAL DESCRIPTION (Attach legal if necessary ) ��/ 7,47-- ' ,�/Y e; ,/1,e' .7 , �i-.' -e"iY �y/� I y I • City of Chanhassen Land Development Application Page 2 II ■ FILING INSTRUCTIONS : This application must be complete II d in full and be typewritten or clearly printed and must be accompanied by all information and _ II plans .required by applicable City Ordinance provisions. Before filing this application , you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application . II FILING CERTIFICATION: • The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances . II Signed By /� �t--77' /Applicant ,fv, �� The undersigned hereby certifies that the applicant has been • authorized to make this application for the property herein II described. ::::----------C;) I Signed By �°%—� �� - , � Date /G-/� .�� .• Fee Owner ,1,�= �i��✓� 4i�ili� o /�f//I/.cs,--;��•.-2// ,j /%� lJ/l � / • Date Application Received I Application Fee Paid • City Receipt No. II II * This Application will be considered by the Planning II Board of Adjustments and Appeals at their Commission/ meeting. ' II II I AGREEMENT BETWEEN JOE BOYER, PROPERTY OWNER, AND MINNEWASHTA MANOR SHOREOWNERS: Mr. Boyer agrees to allow Minnewashta Manor Shoreowners to clear and fill on his property as described on grading plan as proposed by All Metro Land Surveyors, dated, dated December 28, 1988. Minnewasta Manor Shoreowners will be responsible for all permits and ii abi 1 ity # , v. e; 't <_ " /j ", •e,; c/2 ____ Date: Minnewashta Shoreowners Joe Boyer I MN NM OM OM MN MI NM IIIII • Eli NMI MI 111111 . INN MID 11111111‘,11111116,p11,111111111 • 0 0, .,, ,.; f ---- 10' ---_ ..- _ • , ___T___,..."......,....._...._______..............___....._.f,' •-•.::... .i S 1/4 COr ....0..........;.....1:::•...L......4f ' ----II- .. -..._ .--■___ _ \ :•°-1: __.___. _____ ...."-..-1--....■-_,_ ; ••■• I . .z--I9562 H.0 Res --- TA TE -.) I 0 6:0 • '356.3 t.... .. - ec 33___./- ., Z ■.../ 0 .. , I u c 'FAS' 0 ----v , >o , o „. . 0 'Se vs. 0 Co •..... ■ r"--7-77" 1..F.L.L--- —- Is A I/4Y 13 "1° A' 1s61.I:7•:-.13 .: , 7F.'-'-'----''''"-CHA I 0 iti . 0 .\ •' -- - 0 0 Z 7 I-. .. I .• ' 9 c7s; 0 , .. / . .1 . - : , -... i CO : ••• :. cc 'I 1 --., , E.": C k.... <0 0 1 1 i,i cr,, ;! ,' .... 10 q 1) .1, - 14 : :"."'. '. ' V J N BUYER i 2 a I • ... .. • 8 2 \ CTF NO 13329 C) `-'• ct z , 1. I bk, 1\10g I \ 0 Q J Lk.A I • j I.- ,I li C ' • . . Z. -■U \ l'• .... . , 1 3 LAKEST (v-ac—aiec 0 AS1“IX _ 4. ,; _ . - ,.. B "-- ; ..__ , _ 1 ,Cli - 0. tA\14 - ..• .._- '.. 2 1 il I; `,./ .. ' -- 7- --:,-- CO. 2 - .2.. 7 )1 6 -,_ rt. ! D , .../ , 3 5 - i • • \\, 6-)V,A)DeAt.„ '`... .-.---- • .......• . s, c 3 5 .0 6 itAs/ 114 7 - . ti'KEDyIN AKEN\ ‘? , 0 ..5 I ri il Planning Commission Meeting IIJanuary 4 , 1989 - Page 42 1 everybody else in that . I think it' s a reasonable approach to run the plan by Fish and Wildlife. If they' re satisfied that it meets their II conditions, that ' s certainly fine with me. Otherwise, it looks like a fine plan. Erhart : I think it' s a great plan . I also think that placing shrubs down I there is an expense that' s unneeded because in that area, what' s going to grow is going to grow and what ' s going to die is going to die. There ' s so much vegetation there that it would quickly reseed itself and that will I take care of itself and go back to it' s natural state. Conrad: Yes, I like the plan and I don' t think we need the shrubs. Is there a motion? 1 Batzli : I move that the Planning Commission recommend approval of Wetland Alteration Permit #88-16 based on the plans stamped received, I 'd like I staff to fill in when they were received , subject to the following conditions and then the 1 condition that' s set forth by the staff . Emmings : Second . I Batzli moved , Emmings seconded that the Planning Commission recommend II approval of Wetland Alteration Permit #88-16 based on the plans stamped "Received December 12, 1988" and subject to the following condition: 1. Written approval of the alteration plan from the Fish and Wildlife IService that the proposal conforms to their six conditions for ponds . All voted in favor and the motion carried. I PUBLIC HEARING: ik— WETLAND ALTERATION PERMIT TO DREDGE SILT ACCUMULATION FROM AN EXISTING CHANNEL IN A CLASS A WETLAND ON PROPERTY ZONED RSF, SINGLE FAMILY RESIDENTIAL AND LOCATED GENERALLY SOUTH OF THE LOTS FRONTING ON WASHTA BAY ROAD, MINNEWASHTA MANOR CHANNEL HOMEOWNERS ASSOCIATION. IPublic Present : II Name Address Harry Niemela 2901 Washta Bay Road Steve Hanson presented the staff report . Chairman Conrad called the public hearing to order . I Conrad : Does i.t meet our ordinance? 1 Hanson: As far as the disposal area? 11 Planning Commission Meeting January 4 , 1989 - Page 43 ' Conrad : Yes . X number of feet away from wetland? ' Hanson: In all honestly I have not gone through and verified all that. Harry Niemela : My name is Harry Niemela. I live at 2901 Washta Bay Road II so I am one of the property owners along the dredging area or the shoreline. I might say Steve that we should probably be corrected on this. The fact that we are not the Minnewashta Homeowners Association that made the application but I think that the application was put into you correctly. It' s just that we stand to say that we' re not the Association. We are just the shoreowners . We have submitted that applications of course through the normal channels with the DNR and we've had a positive indication from them that we' ll get approval for the permit from the DNR. We also made application with Watershed and all the other agencies and so forth involving this process of getting a permit for it. Everybody has been favorable to this point. I understand too with the U.S. Fish and Wildlife and the City to this point . All the homeowners are II quite in favor of it as a matter of fact because from an environmental impact at this point in time . This winter with the water level of the lake really low, we are creating at least an environmental impact on the lake itself plus with the disposal site that we have found and what we believe is an approved site, will be the closest with the least amount of liability of trucks going out onto TH 7 which was the only other alternative that we have. They are really basically running along the shoreline of the lake. Not really out on the lake but close to the shoreline which is really right on the shoreline you might say almost, to this disposal site and the disposal site , I believe Steve, I would estimate it to be about 400 feet on the lake and then they' re going right II up to the site so it' s not a long ways away from it. So it' s a very capable situation for us and it is very important for us to this this winter. Otherwise, if the lake does go up, we' re talking another 2 1/2 to I 3 feet of water -that they' ll be operating off to get the job done and that brings in a very escalating cost factor to the shoreowners along with the environmental impact that it might have too . So we do need to have a decision on it as we are of course hoping for an. . . We need to start the work in February. Herb: I have a comment . I 'm Herb . . .at 2050 Chan View. I 'm also a property owner on the lake too. One of the side benefits of this, besides our own useable. . .about 10 years from now. Within the last 4 or 5 years , you know the water level has been what we would consider normal at some periods. The fish spawning hasn ' t occurred because of the depth. Hopefully this is going to correct that situation too and make Minnewashta a much better fishing lake. Ellson moved , Batzli seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed . 1 Headla : I understand there' s some illegal activity going on up there . It seems like there' s tree removal going on at night. The beaver come up out of the water and cut down the people' s trees . No , I don' t have a comment . I . 1 Planning Commission Meeting January 4, 1989 - Page 44 ' Wildermuth: One thing that is kind of interesting though, no where do we talk about how much material we' re going to move, either in cubic yards or in depth. ' Brown: On the grading plan it does state that 4130 cubic yards will be removed. Wildermuth: That ' s fine . Batzli : Larry, you talk in your report about erosion control . Has that ' been provided to you? Erosion control shall be revised to reflect the City standard . ' Brown: They have indicated the precise location of the erosion control . The plan certainly has not been amended to show the Type II erosion control . We realize that the applicant, with all the information that we required, was working under a tight timeline and we were as well so I would ask for that prior to commencing with any construction. Batzli : Should that be a condition, compliance go with your memo? Brown: Yes . ' Batzli : The only other thing that I had was I 'd like to see again , whoever makes the motion, that we' re basing this on a plan stamped December 16th and December 29th , 1988 . Ellson: I have no problem with it. I 'm just interested, how does this thing work? I can ' t picture how they do this . Is there a quick way to explain it to me. I just can ' t picture how this thing works. Is there a ' little Bobcat that goes in there? A water proof Bobcat? I 'm all for it. I certainly want- better fish quality and things like that. I 'm sure if I lived there that would drive me crazy so I 'd be more than happy to help you clean up your part of the lake. Emmings : I 'm a little bit familiar with this but this is the means by which you all gain access to your property I take it. Are you having ' problems getting back there this year? Resident: We can' t get our pontoon out there . Emmings : I know. I have a pontoon on the same lake so I 'm very familiar with what you ' re talking about. Right now, when I look at this plan and I see this finger of whatever , coming up here as Outlot A, that ' s all lily ' pads and so forth isn' t it? Resident: Cattails. Emmings : Cattails? Then the area where this thing is ro osed is all P 1 open water? ' Resident : It ' s supposed to be. Planning Commission Meeting January 4 , 1989 - Page 45 I Resident: At one time. ' Resident : It will be when it' s done , yes . Emmings : Okay, but what' s growing in there now? ' Resident : Muck. ' Emmings : Is it just muck or is there cattails? Harry Niemela: It' s open water at the normal water level . In a normal ' year it' s open water . Emmings: Okay, and this year it' s? , Resident : Mud . Emmings: I agree with Brian ' s changes. I think since these people are proposing to dump on another person' s land and they' re asking us to approve that , that we should have a letter from that person. Resident: We' ve got it. Emmings : I don' t care if you ' ve got it. I think the City ought to have II it as part of the application so get it to the City so we've got it. I 'd add that as a condition . I have nothing more . Resident: Mr. Boyer was here earlier but he couldn' t wait. ' Erhart : I think it' s fine. I guess just as a condition, sometimes these plans tend to get reinterpretted once you get going. You may want to add II a condition that- says that in doing this excavation that you can not increase the size of this channel . Hanson : Other than what' s shown on the plan? , Erhart: The temptation always comes in later . Gee, we can improve this a little bit by eating away here and sometimes the things aren' t , those ' kinds of rules are not exactly reflected on the plan. Since really the plan defines what gets . . . Headla: What about page 2 Larry? ' Brown: Page 2 does give the precise cross sections that are proposed so if it came down to a question of whether they were doing additional work than proposed , we'd be able to check on it . Erhart: I 'm talking about changing the route of the 50 feet channel and the cross sections don ' t show that. That ' s it Ladd . Conrad: My only comment is that I believe that this whole set should conform to our ordinances too in terms of our wetland ordinance. Distance away and whatever. Is there a motion? 1 ' Planning Commission Meeting January 4 , 1989 - Page 46 Emmings moved , Batzli seconded that the Planning Commission mmisszon recommend approval of the Wetland Alteration Permit #88-17 based on the plan stamped ' December 16 , 1988 and the grading plan stamped December 29 , 1988 and subject to the following conditions : ' 1. One is approval of the disposal plan by the Fish and Wildlife Service . 2. Identification of the access road . 3. A letter from the owner of the property on which the spoils would be dumped. ' 4 . Compliance with all of the provisions of the City Engineer ' s report . 5. Subject to a check by staff of the City ordinances to be sure that all of this is in compliance with those ordinances . All voted in favor and the motion carried . HERITAGE SQUARE APARTMENTS , REVIEW AND APPROVAL OF CONDITIONS OF SITE PLAN APPROVAL TO BE MET PRIOR TO CONSTRUCTION OF THE PROJECT. Steve Hanson presented the staff report. Tom Zumwalde: I have one brief comment. My name is Tom Zumwalde, the architect . We ' re in the process right now of putting construction drawings together on this project and should be completed by the end . of ' the month. At that point we ' ll be submitting them for final approval . The owners asked- us to prepare and have alternate for this project for face brick, if the budget allows it. What I would like to do , if ' possible, if we get approval on this . . . if he' s able to add the brick to the building , that we don' t have to come back through this process . It ' s unknown at this point whether or not there ' s going to be room in the budget for it but if there is , he would like to do it. Conrad: I would see no reason to come back to us to add brick. Brick is better . I would encourage that . Tom Zumwalde: That' s all I had . Erhart : Sidewalks . Post lighting material . Are we continuing the theme of the downtown? Approving the sidewalk material in the design. We ' re designing the curbs. All the wooden posts stained gray I think it is . Is that theme being carried through this? We' re asking how it will be tied ' into the clock tower? The sidewalk. Are we carrying the downtown theme into the landscaping and the sidewalks and so forth? Tom Zumwalde : I 'm assuming the sidewalks will be just a standard concrete block. 11