02-22-2006 Council Agenda - Laserfiche WebLink

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removal or digging. The backhoe had a grappler attachment on it rather than a bucket that is typically used for digging. The grappler is used more for vegetation removal without having to dig down too deep. It was Mr. Pralutsky's opinion that the City does not take very good care of its lakes. He mentioned that he has talked to the City Administrator about similar issues in the past. I informed Mr. Pralutsky that the city is very interested in protecting its natural resources and has gone above and beyond current requirements for storm water infiltration and treatment. I also stated that the city was not aware that the contractor was doing any work and thanked the Pralutsky's for letting us know. I further stated that the city would stop work on the project until staff could research the matter and made a decision. I infoinied Mr. Sanders of Natural Environments that he could not proceed any further with his project until the City had investigated the issue. He had already had a load of sand dumped on the street. It was a safety hazard so I allowed him to move it off the street and into the yard provided he installed silt fence around it. I also requested a project plan from Mr. Sanders and estimated fill quantities, which he provided promptly. I spoke with Tina Carstens of the Ramsey - Washington Metro Watershed District and she said they defer to the D.N.R. in shoreline matters. I called Travis Germundson of the D.N.R. and explained the situation to him. He said the beach sand blanket that the D.N.R. allows without a permit does not include any excavation. He said a permit may be required so we agreed to meet at the site with the contractor, Mr. Sanders on Monday, February 6. In the meantime, the Code Enforcement Officer spoke with the City Planner regarding the City's code. Further research of the code revealed that Twin Lake was listed as a recreational development lake in the Subdivision Code and was no longer classified as a wetland. It was discovered that the Subdivision Code was established subsequent to section 1801 of the Municipal Code but the language and definitions of 1801 were not changed to make them consistent. The Planner said that the D.N.R. classifies wetlands and that Twin Lake was no longer considered a wetland. A definition in the City Code does not supercede what the D.N.R. classifies as a wetland. However, the Planner did feel that since 1801 is still part of the code, the contractor would have to meet the intent of it. On Monday, February 6 I met with Mr. Sanders, Mr. Germundson, and a D.N.R. conservation officer at 3339 Twin Lake Court. Mr. Germundson explained to Mr. Sanders that he should not have done any excavating without a permit but was not very concerned with what had been done. Overall, Mr. Germundson made a couple of requests of Mr. Sanders as far as where to place fabric underneath the sand and where to place the edging that was planned for the beach. Mr. Germundson gave the project approval from a D.N.R. standpoint. I requested that Mr. Sanders provide a statement of his intent to meet section 1801 of the Municipal Code and that he fill out a grading permit for the project. According to section 1801.030 City Council needs to authorize any work done near the shoreline and a permit