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Mr. Van Norman replied no. <br /> <br /> Councilmember Anderson inquired as to why Mr. Van Norman and Mr. Jacobs did not apply for <br /> a permit before starting the work. <br /> <br />Mr. Van Norman replied that they did not think they had to because the pond already existed and <br />there have been five to six ponds created within his development that have not gone through any <br />committee. <br /> <br /> Councilmember Zimmerman inquired if the berm is already built. <br /> <br />Mr. Van Norman replied yes. <br /> <br />Councilmember Zimmerman inquired as to why they were going through the conditional use <br />permit process for something that is already done. <br /> <br />City Engineer Jankowski replied that staff had two options when the complaint came in. One <br />would be to turn the issue over to the City Attorney for prosecution or the second option was to <br />have them apply for the necessary permit and go through the standard procedures. The Planning <br />Commission has looked at the berm and made the determination it is not appropriate. There are <br />slopes that do exceed 12 percent, which is a violation of City ordinance. <br /> <br />Councilmember Hendriksen stated that it would be helpful to have some photographs of the site. <br />Mr. Van Norman presented a topographical map that was done by an engineer, of the site. <br />Councilmember Hendriksen inquired if staff took any photographs of the site. <br /> <br />.City Engineer Jankowski replied no, noting that staff did have a topographical map. He <br />explained that the berm is 380 feet long, 80 to 90 feet in width and 10 to 14 feet above the <br />surrounding flat ground. <br /> <br />Councilmember Kurak stated that she did visit the site and the berm is very steep. <br /> <br />Councilmember Hendriksen inquired if the Council has the ability to waive the 12 percent slope <br />requirement. <br /> <br />City Attorney Goodrich replied no. <br /> <br />Mr. Van Norman noted that North Fork has many berms in excess of 12 percent. <br /> <br />Mayor Gamec stated that the Homeowners Association stated that they will deal with the issue so <br />why is the Council even discussing the case. <br /> <br /> City Council/November 27, 2001 <br /> Page 13 of 22 <br /> <br /> <br />