Laserfiche WebLink
Mounds View City Council February 26, 2007 <br />Regular Meeting Page 2 <br />She then said that Rice Creek filed a permit application inactivity in which it stated that a permit ~ <br />is required before any work may be done on the site. She further said they received no <br />notification of this. <br />Community Development Director Ericson explained that this was a situation that snuck up on <br />Staff and in conversations with Mr. Harstad he had indicated tree removal would be forthcoming <br />but it happened sooner than Staff was aware of. He then said that Staff did provide notice but the <br />work was underway and that is unfortunate. He further said that there is nothing in the Code <br />requiring notification but it is something that Staff has made it a policy to do. <br />Director Ericson said that the Wetland Preservation Ordinance does require a permit and that was <br />not communicated to Mr. Harstad. He then said that, on the advice of legal counsel, it was <br />determined that the City did not have the right to stop the tree removal. <br />Director Ericson indicated that Staff has obtained information from Rice Creek that no permit <br />was needed and Staff made an oversight that a wetland alteration permit would be required and <br />that was not told to Mr. Harstad. He then said that the developer would be before the City <br />requesting an after the fact wetland buffer permit. <br />Amy Hermanek of 2760 Wooddale said that she appreciates that the City is saying that Staff did <br />not notify the builder but the builder has been doing this for 20 years and he has an obligation to <br />know the requirements. She then said that as for removing tree stumps there are none left so she <br />would Iike someone to answer to that and it appears that the land has been altered so he has not • <br />complied with knowing the ordinances before taking action and he has not complied with the <br />requixements. <br />Director Ericson said that he was out at the site on Thursday and noted that Rice Creek <br />Watershed District was out there and determined that nothing was being done that required a <br />permit. He then said that if stumps were removed that would be a violation if no permit has been <br />issued. He further said that he would ask Rice Creek to go out again and take a look. <br />Dave Tillman said that Rice Creek was out Thursday or Friday and on Monday stumps were <br />removed and there were loads of dirt dumped on the south end of the property. He then said that <br />there needs to be a plan and someone needs to be watching this on a daily basis. <br />Director Ericson indicated that Staff will work with Rice Creek Watershed District to attempt to <br />determine if dirt has been moved onto the site and will inform the Tillmans. <br />Council Member Flaherty said that he spoke to the Tillmans about this a week and a half ago. <br />He then said that they understand that things can be done on private property but they were <br />concerned that there was no notification and they want to make sure that the developer does not <br />go any further than they are allowed to go with their properly. He further said that he would like <br />Rice Creek to go out there because the trees were not cut down they were pushed down. <br />~ <br />