Minutes - Council - 11/27/2001 - Laserfiche WebLink

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Motion by Mayor Gamec, seconded by Councilmember Hendriksen, to direct staff to draft findings of fact in the affirmative and negative and bring them back to the next City Council meeting for consideration. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Anderson, Kurak, and Zimmerman. Voting No: None. Mayor Gamec recessed the regular meeting of the City Council at 8:48 p.m. Mayor Gamec called the regular meeting of the City Council back to order at 8:54 p.m. Case #5: Consider Use Permit for Mining and Grading: Case of Lance Van Norman and Gary Jacobs City Engineer Jankowski stated that the case was reviewed by the Planning CommissiOn at its November meeting. Subsequent to the Planning Commission, meeting Mr. Jankowski met on- site with the applicants on November 14, 2001, to discuss grading alternatives. Mr. Jankowski gave a brief history of the case. Councilmember Zimmerman inquired if a mining and grading permit was issued for the original pond. City Engineer Jankowski replied that the original pond was created as part of the grading plan for the North Fork subdivision. In regards to the case being discussed, the City requested that the conditional use permit be applied for so that the conditions could be subject to the standard process. A public hearing was held in July at the Planning Commission level at which time the Planning Commission requested that comments be received from the Northfork Homeowners Association. On November 5, 2001, the Planning Commission discussed the issue again and at that time, it was recommended that the conditional use permit be denied and direction was given to have staffmeet with the applicants to discuss alternatives. Lance Van Norman stated that originally the entire area was designed for a berm noting that they were promised a berm, but never received one. The pond that previously existed had dried up so they decided to dig the pond down three to five feet and create a berm. The berm currently has a 35 percent maximum slope, which is not any more than a typical ditch or walkout. The permit was denied at the Planning Commission because of the slope and height. He did not think that they were exceeding anything else that exists in the development. They have spread 100 pounds of rye on the berm and it has begun growing. The 12 percent slope required by the City is not adequate for a berm. The three main issues around the berm are the slope, height, and will it take vegetation. Many of the concerns of the neighbors are when will the berm be green, which is also a concem of his. They were told by City staff to not do anything with the berm until the issue is resolved, but they have added the rye, which has begun to grow. Councilmember Anderson questioned if any topsoil was placed on the berm. City Council/November 27, 2001 Page 12 of 22