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Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � : � NO. 2365 • - • • D) The combination of pond excavation and associated fill to direct the drainage away from applicant's drainfield may have some beneficial effect on the drainfield but might not solve the back yard flooding problem without a more comprehensive project including neighboring properties downstream. The applicant has � acknowledged that this project may not solve the entire flooding problem. , E) The applicant has obtained the required permit from the Minnehaha Creek Watershed District. � 4. Work done by private property owners which was tacitly allowed by the City, which resulted in channelization of portions of the upstream watershed, may be contributing to some degree to the rate of run-off reaching applicant' s property. 5. The proposed grading and excavation will have no anticipated effect on the watershed upstream of the property, and is expected to have no significant effect on nutrient retention or rates or amounts � of run-off downstream from the property. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and commen�ts of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 7. The City Counci 1 f inds• that granting a Conditiona 1 Use Permit to allow the grading and excavation of a retention pond and swale will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS • Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdiv.ision 19 to permit the grading and excavation of a retentiori pond and swale for flood control purposes, subject to the following conditions: l. Prior to the City issuing � a land alteration permit to the applicant, the applicant must complete the following: • A) Execute a Developer's Agreement and provide a letter of credit (City to determine the amount of the letter of credit) to be effective for one year. Page 2 of 4