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. -I would further indicate that there has been some discussion and concerns expressed by the neighbors with regard to the approved grading plan and how many iterations there have been since the CUP application was approved (for filis in excess of 500 cubic yards). On 11/9/2009 a CUP was approved by council with a grading plan prepared by Gronberg &Assoc. Then, 4 years later on 8/26/2013 a revised CUP was approved by council for the same site with a slightly revised pian. Both were conducted as public hearings. The 2013 plan appears to have minor changes shown in the proposed grading contours. It does, however, show more details with regard to the existing trees on the site. Additional factors with approval of the previous grading plans such as site landscaping and lighting were not a part of the CUP approvals. All of the existing trees on the site were depicted on the 2"d plan iteration. These trees are/were outside of the required 'no cutting' from 0-75 ft. from the lake shore (OHWL). Removal of these trees are allowed under the zoning ordinance and no additional restrictions were placed upon their removal in the approved 2013 CUP. This is a concern which was expressed by both of the neighbors. They have tried to save some of these deciduous trees, but are filling above the prior ground elevation which may cause them to eventually die. This is based upon my knowledge as a certified tree inspector by the State of Minnesota. Loss of these may or may not occur over a period of time, depending upon a number of various factors. Lastly, there is a question with regard to the changes between the 2"d & 3�d iteration of the plan change. There is more fill that was brought onto the site as a result of changes to the plan. The amount of this cubic yards is now being calculated by Gronberg. The revisions to the plan were a result of both the contractor doing the work and the City's consulting engineer. Dave Martini has reviewed and approved these changes according to his attached memo. As a result, the work is proceeding according to the new plan and should be completed within the next week and 1'/Z or so. Final monitoring will be conducted by Dave before the site is seeded and the work completed. What is at question still is whether the degree of changes warranted a formal review and approval of the plan by the PC and Council or if is sufficient for staff to complete the review administratively as 'minor in nature'. I intend to place this item on the 8/11/14 Council Agenda and allow the council to review the matter and then direct staff accordingly as to how they would like the matter handled. I also intend to inform both the land owner and concerned neighbors that it will be discussed on the agenda should they want to attend the meeting to hear the discussion. The pertinent CUP approval conditions in this regard are highlighted in bold red and are as follows: CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 & 78-1286 in order to incorporate approximately 2,267 cubic yards of fill into the Property; subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the grading plan may require further Planning Commission and City Council review. 2. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 3. The Owner shall conform to the recommendations of the City Engineer. 4. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 5. An administrative Zoning Permit for Major Land Alteration is required prior to the commencement of grading activities. 6. The Owner shall submit an escrow in the amount of $5,000.00 for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 2