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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br />November 10, 2014 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />  Page 5 of 31  <br /> <br /> <br /> <br /> <br />(4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED <br />GRADING CONDITIONAL USE PERMIT PLAN, Continued) <br /> <br />washed away. Anderson stated it was decided at that point to recover that top soil and make a wider, <br />bigger area for planting crops and erosion control. <br /> <br />Anderson indicated he has had considerable support from many of the neighbors but he realizes there is a <br />neighbor who has expressed concerns. During the top soil recovery part of the project, it was also <br />discovered that the drain tile draining the low area had collapsed and had been broken for some time. <br />Anderson indicated Staff has been great about providing documents relating to the drain tile system, and <br />in 1989, the property owner at that time had requested permission to dig a pond in the lower area. <br /> <br />Anderson stated there has been discussion about an easement on the drain tile being maintained by the <br />City. Anderson stated regardless of whether it is or is not maintained by the City, they fixed the drain tile, <br />and now that the drain has been opened up, the water can go where it is supposed to go. <br /> <br />Anderson indicated there is a question about the delineation because the delineation done in 2006 is not <br />valid. Anderson stated the initial plan that was submitted had a much larger area that was considered a <br />wetland but the exact extent of the wetland is still unknown. Anderson stated he has hired a delineator to <br />perform a new delineation and that work is currently being done. <br /> <br />Anderson noted October 24 was the date the City raised some concerns and that work was immediately <br />stopped. On October 26, the MPCA was out and they suggested that the top soil be put back down. Since <br />that time measures have been taken to erect double silt fences around any of the areas the WPCA wanted <br />and any exposed areas were covered with a cover crop. <br /> <br />McMillan noted a cover crop will probably not take this late in the season. <br /> <br />Anderson stated the cover crop certainly will not take in the clay soil, which is the reason why they <br />wanted to recover the black soil. Anderson stated he understands there are questions about setbacks and <br />delineations that need to be addressed, but if the weather stays like this and the ground freezes, they will <br />not be moving any top soil. Anderson stated at this point everything has been stabilized and they are <br />looking for direction from the City. <br /> <br />Levang asked why he did not come to the City when the project was expanded. <br /> <br />Anderson indicated he is not familiar with the process and that he is from North Dakota with a farming <br />background. Anderson stated when they were recovering the top soil and leveling off the area, they <br />realized it was not in the initial permit and so they have submitted new plans that represent what they <br />would like to have done. <br /> <br />Printup asked why the 2006 delineation is not valid. <br /> <br />Anderson stated on the original survey, the surveyor had noted a 2006 delineation but it was never <br />validated or filed, which is why a new delineation has been requested. Anderson indicated soil samples <br />have been taken and the delineation will be done in the near future. Anderson stated a new delineation is