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Zoning File 41216 October 13, 1987 Page 2 of 2 The applicant wants to dredge the pond so that there is standing water at all times. The wetland is predominately dry with cattails - the alteration involves 25% of the pond area. Per the Engineer's report, Exhibit E, the dredging will slightly reduce the assimulative capacity of the marsh. The prcdosed depth will reduce alge growth and pond odors. The Engineer sees no long term adverse effects on Lake Minnetonka as a result of this project because of the minimal scope of the project. The project will result in increase sedimentation capacity and wildlife habitat. Prior to making a recommendation on this application, Planning Commission should consider the necessary findings that must be made prior to making your recommendation whether it be for denial or approval - Section 1 %55, Subdivision 25 (A), Items 1-7. If approved your conditions should include the following: 1. Applicant to provide silt fencing near the pond outlet. 2. Hauling cannot take place on week -ends and may only be conducted Monday through Friday, 7:30 a.m. to 4:30 p.m. City must be advised in writing if it is necessary to haul on Saturdays. 3. The liability issue should be r^_viewed by applicant since the creation of a 12 feet deep pond wi 1 1 create a potential hazard. Additional Cos nts and Planninq Co fission Reco■stendation - October 30, 1987 The Planning Commission questioned the classification of a pond of this size as a protected wetland. Staff advised that cattails or vegetptirn did provide assimulative treatment of run-off to the pond (serving 4+ acre watershed). Currently, the elevation of the culvert to the east side of the pond al lows lake water to f low into pond when lake reaches an elevation of 929+. The raising of the culvert and the increased depth of the pond will allow greater retention for run-off from the watershed and the untouched vegetation (751 of pond area) will still provide adequate treatment for this sized watershed. Planning Commission approved of the dredging application but questioned staff's concern for the liability of the application with a pond now at a 12 feet depth. Planning Commission felt that this is the same issue for the owner who installs a pool. The insurance carrier of the owner shall advise applicant of his liability if any. The enclosed resolution has been drafted per Planning Commission recommendation.