Minutes - Planning Commission - 12/03/1996 - Public Hearing @ 7:45

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be set no greater than 0.1 feet higher than the invert of the downstream, corrugated, metal pipe culvert. The culvert material may be polyethylene, but it shall conform to class I reinforced concrete pipe strength specification. The culvert shall be installed within 45 days of the issuance of the permit so that it will be functional to handle precipitation/melt events which occur in the spring of 1997. The applicant shall stabilize the back slopes of the fill over those sections of the roadway which have been elevated more than 12 inches from the filling. This shall be done by placing straw over the roadway and back slopes, and seeding the back slope and outermost five feet of the roadway with oats or annual rye. This work should be completed prior to April 15, 1997. The applicant shall regrade all borrow areas such that the slope is no greater than three horizontal to one vertical. The slopes should be seeded with oats or annual rye and mulched with straw. This work should be completed by June 15, 1997. CITIZEN INPUT Mr. Peter Mayer, 7190 175th Avenue, requested clarification of#7 on the resolution adopting the finding of fact relating to a request from John Peterson, inquiring whether material such as dirt would be prohibited as well. Mr. Jankowski responded a conditional use permit would need to be obtained when importing additional material to the site, adding #7 is for protection purposes. Mr. Mayer expressed concern about proper culvert placement and inquired who determines its location. The City Engineer responded the location of the current non-functional culvert appears to be appropriate. Mr. Mayer referred to #5 and questioned whether wording should be changed to "benefitted property" versus "subject property." Mr. Jankowski indicated the DNR has been notified and has issued a cease and desist order as a portion of the land goes into the wetland area. Also, if a violation is found to have occurred additional notification would be generated accordingly by the DNR. Mr. Mayer pointed out a determination in #9 that the enjoyment, or market value of any surrounding property cannot be made until Spring when water is present from thawing. Commissioner Deemer questioned positioning of a culvert further downstream versus the current location of the inoperable culvert. An aerial photograph was presented for review. Mr. Mayer made a point that culvert placement should be further south to accommodate a slight land elevation. Public Hearing/Planning Commission/December 3, 1996 Page 2 of 3