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City Engineer Jankowski stated the only remedy is to take the material out. There is no other <br />land available to put it on. They could put the dirt back in the pond, truck it out, or spread it on <br />the outlot if they have permission. <br /> <br />Chairperson Nixt raised the issue that it is unclear where the drainfields are. <br /> <br />Commissioner Watson pointed out that sand in this area has been sold to Elk River for use on the <br />roads in the winter, and asked if this sand could be sold. He added that the slope would need to <br />be decreased. <br /> <br />Commissioner Sweet explained that access is difficult and the only one is on a small running <br />path. <br /> <br />Commissioner Brauer asked if the site was inspected. He questioned how the project got this far. <br /> <br />City Engineer Jankowski explained the grading was done without a permit. The City then asked <br />the residents that undertook the project to apply for a permit so the end result could be <br />monitored. <br /> <br />Chairperson Nixt responded that would be the alternative. He asked if it was practical that any <br />work could be done to the berm between now and spring. He said he would like to see the slope <br />reduced and topsoil in place. <br /> <br />City Engineer Jankowski responded that the material can be removed between now and the end <br />of the year. He acknowledged that the slope issues were unclear in the first meeting. He also <br />noted that it will be extremely difficult to remove the topsoil. In the process, someone's property <br />will need to be run over. Septic systems and sprinkler systems are in place. He said it would not <br />be feasible to come off the bike path. The berm is stable now, and there is no runoff. If heavy <br />equipment is brought in, we would lose this. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner Brauer to recommend that City <br />Council adopt findings of fact, unfavorable to the applicant, relating to the request for a <br />conditional use permit to grade soils. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Brauer, and Watson. <br />Voting No: None. Abstain: Commissioner Sweet. Absent: Commissioners Kociscak and Reeve. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner Watson to recommend that City <br />Council deny the request for a conditional use permit from Lance Van Norman based on the <br />findings of fact with the understanding that staff will meet with the applicant and perhaps <br />neighbors. <br /> <br />Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Johnson, Watson, and Brauer. <br />Voting No: None. Abstain: Commissioner Sweet. Absent: Commissioners Kociscak and Reeve. <br /> <br />Planning Commission/November 5, 2001 <br /> Page 12 of 20 <br /> <br /> <br />