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LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1996 D. PUBLIC HEARING: Case No. GRADE/96-13: Excavating & Grading Permit Applicant: William McCully/Glen Rehbein Excavating William McCully, who works for Glen Rehbein Co., presented project for a 40 acre parcel located north of Highway 5 and west of Beaut Crest. It is the intent of this grading and excavating permit to create a man- made lake which will be a natural amenity and attract future residents to the development. Mayor John opened up the public hearing at 9:00 p.m. in the Council chambers. Dale Tobin, 37th St. asked if 36th or 37th Street would be continued into the new development. Only 35th Street will be continued. Mayor John closed the public hearing at 9:15 p.m City Planner Terwedo provided the Council with a copy of a DRAFT grading permit which included 16 conditions. William McCully indicated Glen Rehbein & Co. has agreed to the conditions of the permit except for Conditions 10 and 16. The Council discussed the following conditions of the permit: 4. The hours of operation shall be limited to 8 a.m. to 5 p.m. Monday through Friday. Rehbein requests longer hours because project has been shortened from 3 years to 2 years. They would abide by the current City ordinance which states 7 a.m. to 6 p.m. 5. The permitted shall promptly clean any spilled fill material which may be deposited on any City street. Rehbein agrees to cleaning any spill if they actually caused the spill. 6. All general grading notes on the grading, drainage and erosion plan submitted to the City of Lake Elmo with the exception of No. 10 shall be met. (Bohrer: The ability to substantially modify the plan up to the applicant was getting way too far from the actual approval process. Recommendation is that any changes in the grading plan would come back to the City Council.) 8. The applicant shall submit a letter of credit in the amount of . (Bohrer recommends $10,000). 9. A 60 foot right-of-way for an extension of 35th Street shall be shown on the final grading plan. Rehbein Co. agrees to a 60' r-o-w from the E propertyline where 35th St. goes North. (Bohrer:A 60' r-o-w going immediately N. of 35th St. along the E propertyline would make a right angle turn. When Beaut Crest was approved, it was RR property. 35th Street was extended, both the r-o-w and constructed road, all the way to the W property line for the possible connection. Normally, if there is a connecting road, Bohrer would use a minimum 200' radius curve to allow up to 20 mph, negotiated. The Council should discuss whether a right angle, very short radius curve, is going to be acceptable) 10. A 75 foot buffer will be maintained along the south and along the east property line. All mature trees over 5 inches in diameter/3 feet from the base shall be preserved. Rebhetn Co. finds this condition difficult to accept. The 76' buffer would be unattractive and they propose to plant a variety of trees that would be more attractive. This buffer would have as significant impact on the volume of the pond. By reducing the pond volume, Rehbein is less able to address the storm water runoff problems that the VBWD might have in this area. Rehbein Co. requests this condition of approval be deleted. (Bohrer:The reason this was requested was to maintain the mature trees along the highway side, primarily the SE corner of the site. According to the applicant, he can't build his berm and preserve the trees. The berming provides part of the screening and part of the volume capacity of the pond. Also, they have done quite a bit of coordination with the VBWD--it appears to him (Bohrer) that the pond may develop into something of a more regional significance than just for Lake Elmo Hamlet Estates. The Council needs to decide which is preferable, berming or saving the mature trees.)