Minutes - Council - 06/22/1999 - Laserfiche WebLink

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Community Development Director Sherman stated that on May 11, 1999, the City received an application from Jim Weidenbach at 14230 Bowers Drive NW, and Terry Luke at 14250 Bowers Drive NW to re-grade and stabilize the bluff line along the Mississippi River on their respective parcels. Ms. Sherman explained that the subject properties are located in the Mississippi River Critical Overlay District and are also subject to the Wild and Scenic River Regulations. After visits with the City and DNR staff from March to October 1998, it was confirmed that there were serious bluff erosion problems on the parcels. It was the consensus of all jurisdictions that the proposed project to control soil erosion was excessive. In September 1998, Mr. Weidenbach and Mr. Luke submitted applications to DNR to regrade and stabilize the river bluff on their respective parcels. On February 5, 1999, DNR issued a permit to Mr. Weidenbach and Mr. Luke to perform the landscape alterations up to the ordinary high water mark, noting that any work above the high water mark required a permit from the City. On April 14, 1999, the City received notification from the DNR that the landscape alterations performed went beyond the ordinary high water mark. Staff immediately notified Mr. Weidenbach and Mr. Luke to cease work and implement some temporary erosion control measures until the proper permits are obtained. The purpose of the after-the-fact permit is to ensure that the project is completed in accordance with Critical River, Wild and Scenic River, and MNRRA guidelines. Ms. Sherman stated that the Planning Commission conducted a public hearing on June 1, 1999, regarding the request for environmental permits. Two neighbors spoke in support of the action taken by Mr. Luke and Mr. Weidenbach to stop riverbank erosion. Tom Sauter of Sauter and Sons, the contractor, and the applicants also explained that because of the steepness of the bank, the bank kept collapsing as riprap was installed. The applicants made a call at that point to slope the bank and install riprap above the ordinary high water mark in order to stop the erosion. Ms. Sherman noted that the Planning Commission and City staff is recommending that the permits be approved. The permits have been drafted to require that the applicants engage the services of a professional landscape architect to develop a landscape plan, which will comply with the restoration requirements in local ordinances and MNNRA guidelines. The Planning Commission also recommended that the progress to revegetate the riverbanks not be delayed and that the landscape plan and restoration completion date is subject to the approval of City Staff. Bruce Bacon, the City's Environmental Specialist, has met with the applicants twice and with their landscape consultant once. Mayor Gamec stated that he has no problem with granting the permits and suggested that the work has helped the property. Councilmember Anderson expressed concern that there was.non-compliance with the DNR and that they did not apply for City permits when required to do so. She suggested changing the wording of item #1 of the resolution to place a period after the word receipt and remove the wording" or the plan shall be deemed approved". Motion by Councilmember Anderson and seconded by Councilmember Hendriksen to amend #1 of the permit to place a period after the word receipt and delete "or the plan shall be deemed approved". City Council/June 22, 1999 Page 10 of 20