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Item 4.~. <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />FROM: <br />DATE: <br /> <br />Stephen Rohlf, Building and Zoning Administrator <br />August 27, 2001 <br /> <br />SUBJECT: Violation of Plat Approval in Mississippi Oaks 2nd Addition <br /> <br />During the original platting process for Mississippi Oaks 2n~ Addition, the Minnesota <br />Department of Natural Resources (DNR) recommended that the vegetation along a stretch <br />of a side stream of the Mississippi River be left undisturbed to protect its steep bank from <br />erosion (see attached letter from Dan Lais dated 8/20/96). The grading plan for the plat <br />was adjusted accordingly. Walkout lots in this area were eliminated because the grading for <br />them would have required the t[ees be removed from this area. <br /> <br />In May, the developer (Gordon Moldenhauer) made a request to modify his development <br />plan to walkouts again. Staff was still recommending against his request because of the tree <br />removal. Mr. Moldenhauer withdrew his request (see the attached letter from Gordon <br />Moldenhauer dated June 26, 2001). <br /> <br />On August 13th, 2001, city staff inspected Mississippi Oaks 2na Addition in response to a <br />complaint call. During this inspection, Mr. Moldenhauer admitted to removing a number of <br />trees of significant size from the bank of this side stream even though he knew he wasn't <br />suppose to (see attached memorandum from DNR Conservation Office Jim Smith, dated <br />8/13/01). Staff red tagged Mr. Moldenhauer's cutting operation. Additionally, staff is <br />withholding new building permits form the affected area of Mississippi Oaks 2nd (Lots 1 <br />through 11, Block 3) until this situation is resolved. <br /> <br />When Mr. Moldenhauer cut these trees, he violated the City of Elk River's Subdivision <br />Ordinance and a condition of his plat approval. To ensure that further degradation to the <br />bank of this waterway does not incur and to stabilize it until it is fully re-vegetated, staff is <br />recommending the following: <br /> <br />That Mr. Moldenhauer prepares a restoration plan that is reviewed and approved by <br />the DNR, Sherburne County Soil and Water District and city staff. That this plan <br />includes, as a minimum: absolutely no grading, stumps remain in place, re-vegetation <br />and no additional cutting of vegetation (including brush) so the integrity of this bank <br />is not further jeopardized. <br /> <br />That Mr. Moldenhauer provide a conservation easement in favor of the city on that <br />part of Lots 1 through 11, Block, Mississippi Oaks 2na Addition that falls below 872 <br />feet mean sea level (the area identified on the original grading plan that was to be left <br /> <br /> <br />