08-27-2001 CC MIN - Laserfiche WebLink

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City Council Minutes Page 3 August 27, 2001 Steve Rohlf noted that in order to ensure no further degradation to the bank of the waterway and to stabilize it until it is fully revegetated, he is recommending that Mr. Moldenhauer prepare a restoration plan and provide a conservation easement in favor of the city. Councilmember Motin questioned what exacdy was violated. Steve Rohlfindicated that the City's Attorney indicated that Mr. Moldenhauer has violated the City's subdivision ordinance and a condition of his plat approval. COUNCILMEMBER MOTIN MOVED THAT MR. GORDON MOLDENHAUER TAKE THE FOLLOWING STEPS TO PREVENT FURTHER DEGRADATION TO THE BANK OF THE WATERWAY AND TO STABALIZE THE BANK UNTIL IT IS FULLY REVEGETATED: THAT MR. MOLDENHAUER PREPARES A RESTORATION PLAN THAT IS REVIEWED AND APPROVED BY THE DNR, SHERBURNE COUNTY SOIL AND WATER DISTRICT, AND CITY STAFF. THAT THE RESTORATION PLAN INCLUDE, AT A MINIMUM, ABSOLUTELY NO GRADING, THAT STUMPS REMAIN IN PLACE, REVEGETATION OF THE AREA TAKE PLACE, AND NO ADDITIONAL CUTTING OF VEGETATION (INICLUDING BRUSH). THAT MR. MOLDENHAUER PROVIDE A CONSERVATION EASEMENT IN FAVOR OF THE CITY ON THAT PART OF LOTS 1 THROUGH 11, MISSISSIPPI OAKS 2nD ADDITION THAT FALLS BELOW 872 FEET MEAN SEA LEVEL, AND THAT THE EASEMENT WILL BE BINDING ON FUTURE PURCHASERS OF THE LOT. THAT MR. MOLDENHAUER COMPLIES WITH THE ABOVE REQUIREMENTS WITHIN TWO MONTHS AND THAT IF THIS IS NOT COMPLIED WITHIN TWO MONTHS THAT IT IS BROUGHT BACK TO THE COUNCIL TO DETERMINE IF THERE SHOULD BE FURTHER ACTION TAKEN. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike Elaine Anderson 17804 Concord Court stated that she is a board member of the Elk River Area Arts Council and a member of the Arts Alliance. Mrs. Anderson stated that the litde theater at the High School is in jeopardy of being destroyed unless the school received $500,000 to save it. She indicated that there currently is no space in Elk River for the performing arts. She requested the Council to consider adding a small amount of land to the land the City is considering donating for the family center for the performing arts. A resident of 18633 Concord Court requested the Council to reconsider its action on his driveway variance. Mayor K3inzing indicated that in order for the Council to reconsider its action, someone on the prevailing side would have to bring the motion back to the table. She indicated that no one has come forward at this time to reconsider the motion and therefore, the Council action is still binding.