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4.2. SR 08-27-2001Item 4.~. MEMORANDUM TO: Mayor and City Council FROM: DATE: Stephen Rohlf, Building and Zoning Administrator August 27, 2001 SUBJECT: Violation of Plat Approval in Mississippi Oaks 2nd Addition During the original platting process for Mississippi Oaks 2n~ Addition, the Minnesota Department of Natural Resources (DNR) recommended that the vegetation along a stretch of a side stream of the Mississippi River be left undisturbed to protect its steep bank from erosion (see attached letter from Dan Lais dated 8/20/96). The grading plan for the plat was adjusted accordingly. Walkout lots in this area were eliminated because the grading for them would have required the t[ees be removed from this area. In May, the developer (Gordon Moldenhauer) made a request to modify his development plan to walkouts again. Staff was still recommending against his request because of the tree removal. Mr. Moldenhauer withdrew his request (see the attached letter from Gordon Moldenhauer dated June 26, 2001). On August 13th, 2001, city staff inspected Mississippi Oaks 2na Addition in response to a complaint call. During this inspection, Mr. Moldenhauer admitted to removing a number of trees of significant size from the bank of this side stream even though he knew he wasn't suppose to (see attached memorandum from DNR Conservation Office Jim Smith, dated 8/13/01). Staff red tagged Mr. Moldenhauer's cutting operation. Additionally, staff is withholding new building permits form the affected area of Mississippi Oaks 2nd (Lots 1 through 11, Block 3) until this situation is resolved. When Mr. Moldenhauer cut these trees, he violated the City of Elk River's Subdivision Ordinance and a condition of his plat approval. To ensure that further degradation to the bank of this waterway does not incur and to stabilize it until it is fully re-vegetated, staff is recommending the following: 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 this plan includes, as a minimum: absolutely no grading, stumps remain in place, re-vegetation and no additional cutting of vegetation (including brush) so the integrity of this bank is not further jeopardized. That Mr. Moldenhauer provide a conservation easement in favor of the city on that part of Lots 1 through 11, Block, Mississippi Oaks 2na Addition that falls below 872 feet mean sea level (the area identified on the original grading plan that was to be left alone to protect the river bank). This conservation easement will be binding on future purchasers of these lots. Staff is also seeking direction from the City Council on whether or not to pursue this situation further, either civilly of criminally. Mr. Moldenhauer will be at Monday night's meeting to discuss this issue with the Council. MEMORANDUM TO: Mayor and City Council FROM: Stephen Rohlf, Building and Zoning Administrator DATE: August 13, 2001 SUBJECT: Violation of Plat Approval in Mississippi Oaks 2nd Addition During the original platting process for Mississippi Oaks 2nd Addition, the Minnesota Department of Natural Resources (DNR) recommended that the vegetation along a stretch of a side stream of the Mississippi River be left undisturbed to protect its steep bank from erosion. The grading plan for the plat was adjusted accordingly. Walkout lots in this area were eliminated because the grading for them would have required the trees be removed from this area. In May, the developer (Gordon Moldenhauer) made a request to modify his development plan to walkouts again. Staff was still recommending against his request because of the tree removal. Mr. Moldenhauer withdrew his request. Some time in the past few days, Mr. Moldenhauer admitted to removing a significant amount of significant sized trees from the bank of this side stream. Staff red tagged his cutting operation. Additionally, staff is withholding new building permits form this portion of Mississippi Oaks 2nd until this situation is resolved. Staff anticipates this issue being brought back to the Council at next week's meeting. PHONE NO. STATE OF EPARTMENT OF NATURAL RESOURCES Division of Waters, 4140 Thielman Lane, Suite 203, St. Cloud, MN 56301 320/255-2976 F~LE NO. August 20, 1996 Steve Rohlf, Zoning Administrator City of Elk River PO Box 490 Elk River, MN 55330 Dear Mr. Rohlf: Mississippi Oaks Second Addition Grading Plan As you requested, I have reviewed the grading plan for the proposed Mississippi Oaks Second Addition development adjacent to the Mississippi River. A portion of this development lies within the Wild and Scenic River district. As such, grading and filling of the natural topography shall be performed in a manner which minimizes earth moving, erosion, tree removal, and the destruction of natural amenities. Originally, the lots within the Wild and Scenic River district were planned for houses with full basements. This plan resulted in very little disturbance to the natural topography. Currently, the original plan has been revised to incorporate houses with full basement walk-outs. This modification will require considerably more alteration to the landscape. A minimum six (6) foot cut appears necessary to accommodate the revised plan. This will result in major changes to the natural topography, increase erosion, and destroy most of the natural tree cover. Thus, it appears that the current grading plan is inconsistent with the intent of the land use district requirements. I would also encourage the city to limit excessive tree removal and grading outside of the Wild and Scenic district boundary. Please give me a call if you have further questions or need additional assistance on this matter. Sincerely, Dan Lais Area Hydrologist hh Dave Hills, Regional Hydrologist Todd McLouth, John Oliver & Associates, Inc. AN EQUAL OPPORTUNITY EMPLOYER MISSISSIPPI OAKS DEVELOPMENT CORP., INC. 17952 FRESNO ST. NW ELK. RiVER, MN 55330 Phone (763) 441-2263 June 26, 2001 Michelle McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, IvlN 55330 Dear Michelle, This letter is to inform you that after evaluating the skuation for creating full walkout lots in Mississippi Oaks Second Addition, on the creek/backwater of the Mississippi River, I have decided that I agree wkh your recommendation to leave the bank as k is. You were right with your evaluation and reasons why k should be left alone. Therefore, I am officially wkhdrawing my request to modify the Development plan,, and I will not be attending the Planning Commission meeting Tuesday, June 26 as was planned. If you would please notify the planning commission of my decision to withdraw, and thank them for their effort in preparing for my original request to create full walkouts in Mississippi Oaks Second Addition. I thank you for your patience in this matter, and I am looking forward to working closely wkh you on any future development. Sincerely, Gordon J. Moldenhauer Mississippi Oaks Dev. Corp, Inc. STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES ENFORCEMENT DIVISION WETLANDS SECTION TO: FROM: DATE: SUBJECT: Steve Rohlf, Elk River Building and Zoning Administrator Jim Smith, Conservation Officer, 10966 Peloquin Ave. NW, South Haven, MN. 55382 320-236-2210 13 August 2001 Moldenhauer Property Site Inspection During the afternoon of 13 August 2001 I inspected the property belonging to Gordon Moldenhauer and located in the City of Elk River, and adjacent to the Mississippi River and it's backwaters. The inspection was stimulated by complaints of tree and brush cutting and erosion concerns. Piles of trees, including elm, ash, willow, hackberry, and oak, were visible on the property, and I could see that the trees had been mechanically cut, and then gathered into piles. The owner of the property was present and identified himself as Gordon Moldenhauer. He told me that he and his brother cut and piled the trees. He also stated that he was aware that the tree cutting was restricted by the City of Elk River, and that he knew that trees larger than four inches in diameter were not supposed to be cut. Gordon told me that knew that he should have gotten permission, "a permit", from the City before doing the cutting. There was a steep slope between the top of the lots where the trees were piled and bott0'm of the flood plain.. The sloped area was scarred by where the trees had been cut and then dragged up to the top and piled. There were ruts of exposed dirt along the bank where the tree stumps remained but the trees had been cut and then dragged away. Light soil was evident, with a high potential for erosion from the steep slope down into the backwater flowage. Numerous trees were larger than four inches in diameter.