Agenda Packets - 2007/03/26 - Laserfiche WebLink

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Mounds View City Council February 26, 2007 Regular Meeting Page 2 She then said that Rice Creek filed a permit application inactivity in which it stated that a permit 1 is required before any work may be done on the site. She further said they received no 2 notification of this. 3 4 Community Development Director Ericson explained that this was a situation that snuck up on 5 Staff and in conversations with Mr. Harstad he had indicated tree removal would be forthcoming 6 but it happened sooner than Staff was aware of. He then said that Staff did provide notice but the 7 work was underway and that is unfortunate. He further said that there is nothing in the Code 8 requiring notification but it is something that Staff has made it a policy to do. 9 10 Director Ericson said that the Wetland Preservation Ordinance does require a permit and that was 11 not communicated to Mr. Harstad. He then said that, on the advice of legal counsel, it was 12 determined that the City did not have the right to stop the tree removal. 13 14 Director Ericson indicated that Staff has obtained information from Rice Creek that no permit 15 was needed and Staff made an oversight that a wetland alteration permit would be required and 16 that was not told to Mr. Harstad. He then said that the developer would be before the City 17 requesting an after the fact wetland buffer permit. 18 19 Amy Hermanek of 2760 Wooddale said that she appreciates that the City is saying that Staff did 20 not notify the builder but the builder has been doing this for 20 years and he has an obligation to 21 know the requirements. She then said that as for removing tree stumps there are none left so she 22 would like someone to answer to that and it appears that the land has been altered so he has not 23 complied with knowing the ordinances before taking action and he has not complied with the 24 requirements. 25 26 Director Ericson said that he was out at the site on Thursday and noted that Rice Creek 27 Watershed District was out there and determined that nothing was being done that required a 28 permit. He then said that if stumps were removed that would be a violation if no permit has been 29 issued. He further said that he would ask Rice Creek to go out again and take a look. 30 31 Dave Tillman said that Rice Creek was out Thursday or Friday and on Monday stumps were 32 removed and there were loads of dirt dumped on the south end of the property. He then said that 33 there needs to be a plan and someone needs to be watching this on a daily basis. 34 35 Director Ericson indicated that Staff will work with Rice Creek Watershed District to attempt to 36 determine if dirt has been moved onto the site and will inform the Tillmans. 37 38 Council Member Flaherty said that he spoke to the Tillmans about this a week and a half ago. 39 He then said that they understand that things can be done on private property but they were 40 concerned that there was no notification and they want to make sure that the developer does not 41 go any further than they are allowed to go with their property. He further said that he would like 42 Rice Creek to go out there because the trees were not cut down they were pushed down. 43 44