Minutes - Planning Commission - 09/02/1997

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8702-181st Avenue N.W. This action will require excavation into the water table. City Ordinance 9.11.18(c)(b) states that "No grading, mining or filling operation shall occur at below an elevation six feet above the elevation of the water table on the work site". This restriction would not allow the proposed permit to occur. City Engineer Jankowski stated he was unclear as to why this restriction was included in the Ordinance. Commissioner Deemer stated he believed that the City utilized the State language when the Ordinance was adopted. He suggested that portion of the permit be deferred to the Lower Rum River Organization. Applicant John Enstrom, 8702-181st Avenue N.W., stated that the County ditch that runs on the southern portion of the proposed excavation never dries up. There is always a minimum of 6 inches of water in the ditch. When the ditch was excavated, the dirt was piled around the ditch creating a natural berm. He stated that the bottom of the pond he is proposing will be three feet above the bottom of the ditch. Commissioner Jensen asked what the deepest point of the proposed lake would be. Mr. Enstrom stated the DNR requires a variable depth of 4 to 8 feet. This will allow plant life to grow better. He stated he would manicure the lake so as to create a park-like appearance. City Engineer Jankowski stated he was concerned with protection of the County ditch from sedimentation. For that reason Staff`proposes a 30 foot undisturbed buffer between the ditch and the proposed silt fence. Commissioner Deemer noted that if the applicant kept all material on site permanently he would not require a mining and grading permit and would not be subject to these restrictions. City Engineer Jankowski stated this was true but he would then be confined to a significantly smaller lake than proposed. He stated he would contact the DNR and also the Engineer at the Lower Rum River and ask the rationale of the restriction in the Ordinance. If there is no good reason for this restriction it may be appropriate to amend the Ordinance. Mr. Enstrom stated he would like to begin this process in the fall. He noted there were three other ponds in a 1/4 mile vicinity that were all below the water table. No permits were issued for those ponds. He stated one was built 6-8 years ago, one was built 3 years ago and one was started a week ago. City Engineer Jankowski stated he was not aware of these ponds. He noted that in theory a 3 foot, 60 by 60 foot pond could be excavated without a permit if no soil was exported and it did not block drainage. He stated the Planning Commission could recommend approval of the request contingent on certification of the Lower Rum River Organization. City Engineer asked Mr. Enstrom how he planned to clear the land. Planning Commission/September 2, 1997 Page 8 of 12