WR94-01 � ' WETLAIVD CONSERVATION ACT
WETLAND REPLACEMENT PLAN APPLICATION
� luani xame:
��.-�.-�
Applicant Add�ss&phane:
Name and Address/phone of Authorized Agenrs, sut�sidiaries, or consulrants inv�olved with
wedand d�aininS or fillinS ProJec�
Provide the following information for the Impacted Wedands:
(1) a recent aerial photograph or accurate map of the impacted wetland azea is attached?
Yes No
(2) the location of the wetland: county, watershed name
� public land survey and/or UTM coordinates of approximate wetland center
(3) the size of the wedand: acres or square feet;
(4) the type of wetland: Circular No. 39 NWI.
(5) a list of the dominant vegetation in the impacted wedand area:
(for example, 50 percent willow, 20 percent cattails, and 30 percent sedge)
(6) a soils map of the site is attached? Yes No
(7) the size of the surface water drainage into the wedand is acres.
(8) a.) the locations of any surface inlets or oudets draining into or out of the wetlands are
noted? Yes No,
b.) is the wetland within the floodplain of a watercourse?
Yes No; if Yes, the distance and direction to the watercourse
is feet in a direction.
(9) is a map, photograph, or written description of the land use of the immediate watershed
within one mile of the impacted wedand attached? Yes No. Does the
description note the presence and location, if any, of wetland preservation regions and
areas, wetland development avoidance regions and areas, and wedand deficient regions and
azeas as identified in the comprehensive water plan? Yes No.
(10) Is the nature of the proposed project, its areal extent, and the impact on the wetland shown
in sufficient detail on the materials submitted? Yes No.
(11) Has evidence of ownership or rights to the affected azeas by all applicants been
) demonstrated? Yes No.
1
(12) list all other local, state, and federal permits and approvals require� for the activity.
(13) attach other necessary information.
i
Provide the following information for the Replacement Wedand Site:
�11 replacement be accomplished via wetland banking YES NO
�f YES, only complete items 2, 3 and 8)
(1) Timetable: project will begin on / / (Mo/Dav/Yr) and be completed
by / / (Mo/DaylYr�.
(2) size acres and type Circular 39, NWI of wedand that
will result from successful completion of the replacement/banking plan;
(3) the location of the replacement wetland: county, watershed
(name) and public land survey and/or UTM coordinates of approximate wetland center:
(4) a recent aerial photograph or accurate map of the replacement site is attached?
Yes No
(5) a soils map of the replacement site is attached? �Yes No
(6) the size surface water drainage into the replacement wetland is acres.
(7) a.) the locations of any surface draining into or out of the wetlands are noted?
Yes No,
b.) is the replacement wetland is within the floodplain of a watercourse?
� Yes No; if Yes, the distance and direction to the
watercourse is feet in a direction. �
(8) Has evidence of ownership or rights to the replacement site by the applicant(s) been
demonstrated? Yes No. �
(9) attach scale drawings showing plan and profile views of the replacement wetland and fixed
photo-reference points for monitoring purposes.
(10) describe how the replacement wetland shall be constructed, for example, excavation or
restoration by blocking an existing tile;the type,size,and specifications of outlet structures;
elevations, relative to Mean Sea Level or established bench mark, of key features, for
example, sill,emergency overflow,and structure height;and best management practices that
will be implemented to prevent erosion or site degradation;
(11) for created wetlands only, list additional soils information su�cient to
determine the capability of the site to produce and maintain wetland characteristics
(12) Has a monitoring plan has been developed and attached? Yes No
(13) attach other necessary information.
(14) Swom Statements:
(Applicant� states by signature below that:
(i) the replacement wedand was not previously restored or created under a prior j
approved replacement plan; AND,
2
� � (ii) the replacement wedand was not drained or filled under an ezemption during the
previous ten years; AND,
(iii) the replacement wedand was not restored with financial assistance from public
conservation program; AND,
(iv) the replacement wedand was not restored using private funds other than those of the
landowner unless the funds are paid back with interest to the individual or
organization that funded the restoration and the individual or organization notifies the
local government unit in writing that the restored wetland may be considered for
replacement.
(15) Has proof of replacement wetland recording notice been submitted to LGU?
Yes No
Special Considerations
To the best of the applicant's knowledge, are any of the following factors applicable at the impact or
replacement site? Note whether present or not by indicating as follows; Impact Site (n, Replacement
site (R), Both (B), Neither (N).
(1) federal or state-listed endangered species �Yes No
(2) rare natural communities Yes No
(3) speciai fish and wildlife resources including:
(a) fish passage and spawning areas Yes No
(b) colonial waterbird nesting colonies Yes No
(c) migratory waterfowl concentration areas Yes No
(d) deer wintering areas Yes No
(e) wildlife travel conidors Yes No
> (4) archaeological or historic sites Yes No
-" (5) ground water sensitive areas Yes No
(6) sensitive surface waters (e.g. DNR designated trout waters) Yes No
(7) educational or research sites Yes No
(8) waste disposal sites Yes No
(9) is the project consistent with local plans (e.g. watershed management plans, land use plans,
zoning and master plans.) Yes No
Replacement Assurance
(A�plicant� confirms by signature below that; 1.) the wetland will be
replaced before or concunent with the actual draining or filling of a wedand OR; 2.)an irrevocable bank
letter of credit or other security acceptable to the local government unit to guarantee the successful
completion of the wetland value rep�acement has been provided.
Signalure
I hereb affirm that the information above is correct and truthful to the best of my knowledge.
�f^'' � ,.G i —_
�.�.� r�r��� y l,
/� � �---__
�aPPlicant ei re T—
8� ) (Date) (wi GU Ofticial signeturo) (Date)
./ a:eep6pp.far(BWSR/1J IQ/'�((V4�
3
WETLAND REPLACEMENT PLAN APPLICATION REVIEW PROCESS TIMELINE
Step 1: Receive application.
Step 2: Mail required notices and meet publication requirements (within 10 days of receipt of the
application).
Step 3: From the latest date of publication, either in the EQB Monitor or the local paper, wait a
minimum of 30 calendar days for the City Council to make a decision. However, the Planning
Commission may meet to review the request.
For Example:
LAND USE REQUEST WEfLAND PLAN
Application Date: 2/4/94 2/4/94
Publication Date: 2/15/94 for 2/22 &3/1 2/7'/94 for 2/14 EQB
2/15/94 for 2/22
Planning Commission: 3/9/94 3/9/94
Ciry Council: 3/21/94 est. public hrng
4/4/94 public hearing 4/4/94 decision
4/18/94 decision 4/18/94 decision
Effective Date: 5/26/94, if no appea)
WETLAND REPLACEMENT APPLICATION
NOTIFICATION AND PUBLICATION REQUIREMENTS
♦ Submit completed joint application form.
♦ For Wetlands less than 1/10 of an acre:
- Publication of notice in local newspaper.
- Mail copy of notice, three page application, and sufficient
materials for review to BWSR, DNR (two copies), Anoka Soil
and Water Conservation District, and the watershed district.
- Mail notices to adj acent property owners; 350 foot radius.
♦ For Wetlands less than 1/4 of an acre, resulting from private road fill
or construction of a single family dwelling unit:
- Publication of notice in local newspaper.
- Mail copy of notice, three page application, and sufficient
materials for review to BWSR, DNR (two copies), Anoka Soil
and Water Conservation District, and the watershed district.
- Mail notices to adjacent property owners; 350 foot radius.
♦ For all other applications:
- Publication of notice in EQB Monitor.
- Publication of notice in local newspaper.
- Mail copy of notice, three page application, and sufficient
materials for review to BWSR, DNR (two copies), Anoka Soil
and Water Conservation District, and the watershed district.
- Mail notices to adjacent property owners; 350 foot radius.
- Mail notices to Mayor of cities within the watershed district.
The EQB Monitor is published every two weeks on Monday starting January
31, 1994. The publication deadline is the Monday prior by the end of the
business day. If the deadline Monday is a holiday, the deadline becomes
Friday.
�
INTEREST RATE 0.075 INTEREST RATE 0.075
PIN # 24-30-24-42-0080 PIN # 24-30-24-42-0081
STREET 2,821.81 STREET 2,821.81
WATER LATERAL 1,049.99 WATER LATERAL 1,049.99
WATER SERVICE 290.23 WATER SERVICE 290.23
SEWER LATERAL& SERVICE 1,018.39 SEWER LATERAL& SERVICE 1,018.39
TOTAL 5,180.42 TOTAL 5,180.42
1973 5,568.95 1973 5,568.95
1974 5,986.62 1974 5,986.62
1975 6,435.62 1975 6,435.62
1976 6,918.29 1976 6,918.29
1977 7,437.16 1977 7,437.16
1978 7,994.95 1978 7,994.95
1979 8,594.57 1979 8,594.57
1980 9,239.16 1980 9,239.16 ,
1981 9,932.10 1981 9,932.10
1982 10,677.01 1982 10,677.01
1983 11,477.78 1983 11,477.78
1984 12,338.62 1984 12,338.62
1985 13,264.02 ' 1985 13,264.02
1986 14,258.82 1986 14,258.82
1987 15,328.23 1987 15,328.23
1988 16,477.84 1988 16,477.84
1989 17,713.68 1989 17,713.68
1990 19,042.21 1990 19,042.21
1991 20,470.37 1991 20,470.37
1992 22,005.65 1992 22,005.65
1993 23,656.08 1993 23,656.08
20 YEAR SPECIAL ASSESSMENT AT 7 1/2 %.
C:\123DATA\I NTERNAL\EASTDAN
� _
�I 3 ��
WETLAND REPLACEMENT PLAN CHECKLIST
Application WR # 9-�-��
Applicant: ���. 1A� �,�'.�r� ,
Address: 21`11 �wE�-- L�� ►��
Date Received: -��� �S Iq�
Notices Mailed:��M�t�� �{-• 22- .�Date:
(Must be mailed within 10 days of receipt of application)
. � ���
BWSR �+� L���l a,�.. !30! E� ��
DNR 2 co ies � C� N'� Ss��
( P )
,� a. Watershed District or Management Organization ►�fi�-�Iy�
Soil and Water Conservation District Q
County Board � � �o�, e�. C����lo�s ��3iq k� �t�K��--
h � Members of the Public �� ��!
n �. Mayors of Other Cities �'� 1-a-� s"5-ozs
Publication Dates: FAX Date:
(Must be mailed or f�ed within 10 days of receipt of application)
EQB: �'• � Focus: �/o �•!"1
Planning Commission Date: VU� !� l�1�
City Council Date: _ ��,� �U �1
(Must be after 30 days from th date of the latest publication of notice.)
Decision Published:
Project Start Date:
(Must be after 30 days from the date of publication of decision.}
1J � �a,i� I�a��.c�-c�a�,; � � w(a,r�e,� S 3'`�¢
I� e�; ca a� �l�c.c�4'e.�. v►.�fe�i�� a..d�- vtie.e��-r�a
� l 1 (�e.. se-.�.-f- --� �E.t� as ��-•
te.�.+ �� �- ��
�
i I�VLTLAND CONSERVATION ACT
EQI3 MONITOR �ND FRIDI EY FOCUS NFWS NOTlCE
for Project Application
City of Fridley April 19, 1994
Local Government Unit Date
Michele McPherson ( 612 ) 571-3450
LGU Official Area Code, Telephone
6431 University Avenue N .E .
Address (street, box number, etc.)
� Fridley MN 55432
City .� State ZIP Code
PROJECT D�SCRIPTION
Applicant Name: Paul Harstad; Wetland Replacement Plan, WR 4�94-01
Project Location: T 30 R 24 Sec 24 SE 1/4 NW 1/4 SE 1/4
County: Anoka
Watershed Name: Rice Creek
Description of Activity: To fill 2,800 square feet of Tvpe 4 wetland and restore
2,500 square feet of Type 4 wetland on-site to allow construction of a single_
family home. The request is for 5470 East Danube Road N.E. _
A copy of the complete application can be viewed at the LGU office listed above. Persons interested in
receiving a mailed notice of each project within the jurisdiction of the above-mentioned LGU can be put
on a mailing list by contacting the LGU at the address listed above.
Authorized LGU Official Date
Scnd to: EQB Monitor
Room 300, Centeiinial Office Building
658 Cedar Strect
St. Paul, MN 55155
Phone: (612) 296-8253
FAX: (612) 296-3698
(Publication dates are evcry oiher Monday with one week lead time)
WETLAND CONSERVATION ACT
EQB MONITOR AND FRIDLEY FOCUS NEWS NOTICE
for Project Application
City of Fridle,y April 19, 1994
Local Government Unit Date
Michele McPherson (6121 571-3450
LGU Official Area Code, Telephone
6431 Universitv Avenue N.E.
Address (street,�box number, etc.)
Fridley MN 55432
City State ZIP Code
PROJECT DESCRIPTION
Applicant Name: Paul Harstad; Wetland Replacement Plan, WR #94-01
Project Location: T 30 R 24 Sec 24 SE 1/4 NW 1/4 SE 1/4
County: Anoka
Watershed Name: Rice Creek
Description of Activity: To fill 2,800 square feet of TXpe 4 wetland and restore 2,500
sc��iare feet of TYpe 4 wetland on-site to allow construction of a sin�le family home. The
request is for 5470 East Danube Road N.E.
A copy of the complete application can be viewed at the LGU office listed above. Persons
interested in receiving a mailed notice of each project within the jurisdiction of the above-
mentioned LGU can be put on a mailing list by contacting the LGU at the address listed
above.
Publish: May 3, 1994
May 10, 1994
� _ _
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on Wednesday, May 18, 1994 at 7:30 p.m.
for the purpose of:
Consideration of a Wetland Replacement Plan,
WR #94-01, by Paul Harstad, per Section
205. 27 of the Fridley City Code, to allow
filling of a wetland for construction of a
single family dwelling on Lot 6, Block 2 ,
Innsbruck North 2nd Addition, generally
located at 5470 East Danube Road N.E.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than May 11, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 571-3450.
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
City of Fridley
WETLAND CONSERVATION ACT
E�B MONITOR AND FRIDLEY FOCUS
NEWS NOTICE
for Projeet Application
City of Fridlsy
Local Government Unit
Aprll 19,1994
Date
Michele McPherson
LGU Officlal '
(612)571-3450
Area Code,Telephone
6431 UnNersky Avenue N.E.
Address(strest,box number,atc.)
Fridley, MN 55432
Clty State ZIP Code
PROJECT DESCRIPTION
Applicent Name: Paul Harstad;Wetland
Replacement Plan,WR Mg4-p1
Project Lxation: T 30 R 24 Sec 24
SE 1/4 NW 1/4 SE 1/4
County: Anoka '
Watershed Name: Rice Creak
Description of Activity: To fill 2,800 aquare
Teet of Type 4 wetland and restore 2,500
square feet oi Type 4 wetland on-stte to
aliow conatruction of a sinple family
home.The request ia for 5470 Eeat Danube
Road N.E.
A copy oi the complete applicatlon can be
vlewed et the LGU office Iisted above.
Persons Interested fn receiving a mailed
notice of each projeci wtthin the jurisdictlon of
the above-mentioned LGU can be put on a
mailing Ilst by contacting the LGU at the
address Iisted above.
(May 3,10,1994)Fridley Focua News
- 1
City of Fridley
WETLAND CONSERVATION AC7
E�B��N'NEWS NO TCELEY FOCUS
for Project Application
City ot Fridley
Local Govemment UnA
Aprii 19.1994
Date
Michele McPherson
LGU Oflicial
(gi2)571-3450
Area Code,Telephone
6431 University Avenue N.E.
Address(street,box number,etc.)
Fridley, MN 55432
City State ZIP Code
PROJECT DESCRIP710N
Applicant Name: Paul Harstad; Wetland
Replacement Plan,Wp*94-Ot
Project Location: T 30 R 24 Sec 24
SE 1/4 NW 1/4 SE 114
Counry: Anoka
Watershed Name: Fice Creek uare
Description of Activity: To fill 2,800 sq
teet ot Type 4 wetland and restore 2.500
square feet of Type 4 wetland on-site to
allow construction of a single family home.
The request is for 5470 East Danube Road
N.E. p��ion can be
A copy of the complete app
viewed at the LGU ofiice Ifsted above.
Persons interested in receiving a mailed
the�above-ment ned LGU canl be put�on�a
mailing Iist by contacting the LGU at the
address listed abovefridie Focus News
(May 3,10,1994) Y
� , / . . . . . � �
. ' 411 i \JC C L�11L/�1
�i'fW �1f:L�L111AJ1\ � -
1. APPLIC�:
f������.ST/��'J�'l �0��� � RECEIPT # .�' G � ?
I�¢ne
�0 3 To���`��o�'� �7' n� � "/l - �'�
Aaar�s �
� � �J -, �'�'
� ��� � �'� FEE S � �
�lephone Ntmiber
2. PRf3P'E�'Y OiVAff�t(S) :
.�����i'��!'��� `�O/�1'�S
Narr�e ��
��3 T���������;v� �r
Street Address Street Address
h
��!�`,%/"� ����.G irr/'"��i�� ��//,:? �
City, State � Zip C,ode City, State Zip Code
/'�.�- ��3 ���=�F
Offioe Phone Hame Phone Offioe Phone Hane Phone
�
�
3. LFX'�AL, D�.IPrION OF PfbQPII2'I'Y � BE AL�,�2ID: ,
Lot _�fi� Block � Tract ��✓R/S�J'2i�C� G"JD �;'`�j�j I% I.
��/�/�E� G��� �
City State Zip Code �:
4. DFSCRZPTION OF I.ATID AL�ZON OPII2A��1 '
�/LG �D�� ��0/�l' ����ET .����' ,�� '
� ��f�l� � -' } ' �� `
�/� �r� �� ��i��'✓'l� ��`�1�'r����: l' SQiG _
�fi'��/ ��E����� �0�� �`�� �l���Jf/'�lflT/,f.'/.% °
,< ,/
5. PtJR_n0.S'E OF I�AAID ALZ�►TION: %�'� r- .�•,�:-v �`�'O✓��r��� �� ,
�
L� �. l� §'
O - .� �
SOD� ��' �
6. VAI.UE OF WO�2R TO BE PII2F+O�tl�: S �
7. 90URCE AAID C�0[�06ITI�0[�1 OF FZLL: ��/'��'- .''`�� "�" �"\/;�%'�,�. /�� /�'�`'� i
, i f ./c��il'� . '^ //�7/,�;�U/i� �/J,�j' ;- . , , S�i��� r.: � ,
p
�-. � ' �.. . - .
8. Pfi�P06ED S'rAR'.i''�*": I�AZE: � - ! � 00[�I.F'I'ION LY�'IE: • -
13.23
g, ATT�+CHI�tFNNLS (Znformation Neecied to Properly E�aluatE ::;-�licatioril :
�he following plans, drawings, c�lculations, bor�ds and./or statenents will
be required by the Public Works Depart�nent.
r
� Half seetion map or sketch of property showing all adjacent property
indicating the exisiting buildings and/or structures.
_ Grading plan showing exisiting and pzoposed finished contours and
evaluations.
,_ Drainage plan showing exisiting and proposed drainage structures,
stabi�ization walls, retaining r�ralls, cribbing, dams, or other protective
items.
� _ Calculations for and approxi�te quantities of excavation and/or f il l
� required.
� _ Signed statc�nent fran the praperty aaner acoepting responsibilty for
the operation and granting permission for land alteration/mining
operation.
_ Statement to be attached to deed advising of potential need for soil
tests prior to any construction on lots where additional fill material
has been plaoed.
_ Rice Creek Watershed District Appraval (If ApQlicable)
� _ Soil Borings (if require�
/ , /� �
� Othez ��-d U- c.o r �
s �
�
10. - RFAD Bf�RE SIC�III� AP'F'LICATI�I:
a. A surety bond or ceritified check in the amount of S
(5$ of value of work to be leted) must be submitted af ter
�
approval of application and prior to any work commencing. This
bond or check is to ensure satisfactory performance and
carr�lianc� with the below stated stipulations. �he s»r ety bond
or check shall be kept active until the completion of work
and/or ex�iration of permit and can only be released by written
notification of the City after a satisfactory final inspection
� has been performed by City foroes.
�
�
` b. All access and street frontage of the land alteration site must
be controlled by a fence, a minim�m� of four (4) feet in height.
All entrances must have gatss that are capable of being locked.
c. Only rock, s,and, gravel, dirt, or similar natural earth f ill is
permitted. No oorrcretet asFhalt, oL demolition wastes will be
permitted as fi11 �� a demolition landf�11 permit is f irst
obtained fran Arbka Cauity.
d. Operations shall be limited to daylight hours and shall not
interfere with the health and safety of surrounding residents
and the prenises shall be maintained at all times so as not to
create a nuisance.
�
� 13.24
�
� � , � , _ . , , � ,
,r - _ ,
e. Any explosives used must be c3one so in accordance with Chapter
212.3, �ragra�hs d, e, f, g, of the Fridley City Co�e and any
other applicable standard e.g. Federal, State, Indust:rial, etc.
f. At the end of each season's operations and no later than the
ia�L clay of December each year, the site is to be left in a neat
and orderly condition, with maximum slopes of 2 : 1 with no
overhang or vertic�l banks and with a level bottan.
g. On the Friday of each work week, or when required by the City,
m�teridl from this operation that is found to exist on City
streets shall be cleaned to the City's satisfaction by the
applicant.
h. Upon corr�letion of land alteration operations, the land must be
left accarding to the plans and contours subrr,itted with this
application and planted with suitable vegetation to prevent
erosion.
i. Upon campletion of land alteration operations or expiration of
this permit, an inspection by the City will be made of the
pranises and adjoining streets. Any darr�ge found to have been �
caused by these aperations will be corrected by the applicant '
upon notification by the City.
�: �- , j j. � �
Applicant's Signature: ` �` ''' �:�� Date: !' -
Property Owner's Sic�ature Date:
�
Recor�mended For Approval Bys . Date:
APP�7VID BY: ��i�' / ��- / Date: ` !�` `� ��
PERMIT E?�IRATD�N DATE:
' i
;
i
13.25
•
I�tt�ID AL'I'f�2ATI0�l F'g5
50 Qibic yards or less . . . . . . . . . . . . . . . . . . . . . . No Fee
51 to 100 c�bic yarcis. . . . . . . . . . . . . . . . . . . . . . . 510.00
101 to 1000 cubic yards. . . . . . . . . . . . . . . . . . . . . . 15.00
1001 to 10,000 Cubic yards . . . . . . . . . . . . . . . . . . . . 20.00
10,001 to 100,000 cubic yards - 520.00 for the first 10,000 cubic yards
plus 510.00 for ead� additional 10,000 cubic yards or fraction thereof.
100,001 to 200,000 cubic yards - S110.00 for the first 100,000 cubic
yards plus 56.00 for each additional 10,000 cubic yards or fraction
thereof.
200,001 cubic yards or more - 5170.00 for the first 200,000 cubic yards
plus 53.00 for each adciitional 10,000 cubic yards or fraction thereof.
I�AID AL�2A�ION GRADIIJG PERMIT FEFS
50 Clabic yards or less . . . . . . . . . . . . . . . . . . . . . . 510.00
51 to 100 cubic yarc�s. . . . . . . . . . . . . . . . . . . . . . . S15.00
I�i, � 101 to 1000 cubic yards - S15.00 for the first 100 wbic yards plus 57.00
I � for each additional 100 cubic yarc� or fraction thereof.
�' � 1001 to 10,000 cubic yarcis - S78.00 for the first 1,000 cubic yards plus � � �,
I � 56.00 for ead� additional 1,000 cubic yards or fraction thereof. � � . _ ,, �.:
� � � - -- ---�=�
, � 10,001 to 100,000 cubic yarc�s - 5132.00 for the first 10,000 cubic yards I �
plus 527.00 for ead� ac3ditior�l 10,000 cubic yarcis or fraction thereof. � p -
c=
�` .; 100,001 cubic yards or more - S375.00 for the first 100,000 cubic yards ----____
plus 515.00 for each additional 10,000 cubic yarcis or fraction thereof. �
�
E �
5/L4/3
�
�
i 13.26
� . - . ,
; .,. .
`��,�� ��l ^1 ' � ' �,.'' j�. '1' ` .�:. .�`;�51^c � ' _w.�s � � .e ' `�,, �` rf`/ r
,, f '�` '� �/•` �
� °�'� �-' � .'r .,,,.s-, �i,,,�, �.A� � � ,, � '� i �; �
� � � `�.�-�": `""�...,,� `, \ ��� ���d� • ' �
� .
± p :v.�: �,� _ - ,,�- _' - ``d S.�?� G' _
i � �1r � �y� �Cr ^ � � a,` �.���'�r �
� i Y� � �:3 0�'+ �.p +, �� �� ��� �,r� ✓' ��n � ) ��.
� 1� 1 ��- 10'-� tl/ '��^ \ � 4J�� /,
� �46.�a5�--r- �\�� ��r , ����%;'�� i -�� t,- ; _ � `' �
�-'`�ST :�,�, �� � '� 1 ,.,a�'�`' � u��', � �- �� ;- � �'��.�� \ S��'
'� �'/�. \<<i.'�� `' �/ t� ,^;: ' ,, � � � � � ` -� ^ev�- 1-l.
� �y, � � ,.�%.62 \ ��.-•�I i � ..l-..QJ� � `�' J � '
-i' 'a `� Q �,�.�����4'�°35�32' �� �I"� ` ��' ` \�\% �ab�
0
�v � -'��F s � �� � ! `� �
�
� �°3'��'- .,-:<�� a'-\n p �w�uQ� �1��-'�1' J <k � ��b�;�d�� 0 30 i
�AST 51'�•'��l�' � ���' ��" �/�`1 � �'n � u� -�!r ' 133. 2g"F v, �i
c�,fn � .r•� !�' i o d � � ?Z r;
� �i . b.0 d.6'4!'44" r �� n� � �,� � � 1. �`
7 �c' �
1 o a _ o ,..,_
� ,1 �g �� � �- � �` � i �
� � IB� g , � � � � \� S ( %'�r � o
� U � EASY a'� o �- i ,�'63°Dl' "tiv.� �
r �r, � �� ��o � d' 151.15 M � . i �4"F.� -� � q- � ;
-d�z .�n �� � ��' r'ifi 5�9°4't'S4 �• � , 2�6.¢4 Y o � �
� � �r � h
o �\ a � �I-i ' 1 �y h �
C'� � r- � � � }� � yC�
C � `� � �r 149 4�` �-+i � �� �i� i `r '� � ��c,`ae ' `
EASt `'� '��i" �•� � `� o �,; d
� _� � � �� 4 y, -- o ��\eQ,, o � p,..
__� � S.G3
o a_�� � `,.'� � =�6' � 149.�to i � � �7A 29 �. ;r o
d � � �v � _ � 7.C��- / /
�- � � �� i � c .� � $.1�°45'9�"E� l �—�!e \ � � �! i `,�,
--v j 1 1-�4.��_�- . _`�.J@ v 6;Se � f`��i'!�� A,�\ I �' � ' �.
� � ! 4 1 +a� �' o ! '�. �
� i� E�4? �,�)_ ; 90 �a ' � �'a6.. � t _c., o �+ �.T� S.r)
--�'� �!'` � Q` ', 1 � .`a c�
�,, / � � � �'\';1�°1 �., '�w �., ; �o �` \ f� r 59�54,( .a `� � o • �
� , �_ a ti�.� �
� _. o ` � ___' �s�r �43.5 --1 !' `�1, �53.p6 ����. '! _;o ? °,o
� << � �-14�•30-t- �io 'o' -5:71°57_�l_. w I`�:=, i` . \ � � � �
�7 --�t ao o � �' � � ��6 1�5p�
� \ _� ��,l�"� c9 �; � ,.-(r ' � � , � r�,^ ,_ ;,� �i l_ rbj, 5 ' `e
�- i / � -� �` 9 � �o S'���-i.l�: � o @A,�/� �_� 4 26`
� \ `� � �d:3��.2� \ ' 3� 3 ' �40 � ; �m ' O,�S \�� . '�� °�� d
� �s� ' _ a ,�_. '6� � �� ���� F./� � �� � P"
0 � � '��22�6� `' ��� S.�I°5��3t� , � �9,, r� �'�j Q
C�—�o �d�=i�"4� a' ' `' ��ar?.op i E; ��<� . �: ��,
u; ,EA � � e. .� �_ � � �� �,� .� \i� �., .., SS,��9�
� �f� � �cm � � Gj N � � ` � �20� ��� ��o� .�Y4,�!��.
`� V , ��
1 � � CD � �� \ '
---�-J. o o , � � ;� � a o.64 � ` s' % \,���` o^� i °° E
o., r-� , � ��n � 1� �•E.�,j �d �D�c�,�' p pb � '•° � �
� Z . N1.'L°:� ��o N.�°b� i s� , ���.o`'� ��.. ` '.
ao-• '�AS� - , ���e' ` �c�' 9y� � b�`� �, M� �S /6� o�
' � �� a-'`",.n d ,:\�`��o � .,��^� i `c Q ,`n�°pa QS1 p� =
� .� � J q -� �� � � �o—— — f'o � �
a i `=t' � p• oo � q�0 � ' �� 1'' \�� l
M F
� 1 4 �` \ �� p O�Q� / � `,\ ���
� � �r � ' �� // � �✓1��
1 � \/ '
1� L�^�� `\
� , �\`, � �
� :�.�!9i�L��� �Q- �, �'Z� ,,� ' \o �g� o�h r ?p� �
o �; t z ,._ � ti �:�, � � � .�� .Q,� `� �
tl 1 t= ic.g7.�:
r �t '��� � �. °� . ��- �
� :� �� � c .� � ���< . � ��/., � o
o� ;j� �`� ` ✓ �?;:�„^ o _T..� yJ,y�\ha� \� �'`��fp�A� sy - --- � �` �-- /o
\ i
�:���150� � 1 Q iV_OtiD,� 2.82_i'�� �� ��q.F,c;^, ��,\h'� p.,\5 �B�l�� ` `, r,_ ^,
n o,U� � � �`a�5�� '��'� �6� �a:9a'00'�0" �` •�'26'15"�-g��'t0 ul_E� �'
L c ��� .a5ti'��'� �.,� '� �';`I.03 I - -76.��__- --- ��.�9�---- ---__^
�7� � �� - �� \4 4 �I
SU ." �C�p� , ,-::`���. '�4 �/S?'�. b� �� ��
►- � �` . �.o� i� -o G/' c�, •�h tL lv
Z�y � / 1��+f\ no �.°4� p"� � � cf' �y�. /� �� '� . I�
l . - \ a���ti� � \ �� �� �� '�' _�-�-
� ��`�w , d .�^�� ,
�.
r.r� ., ..i. .. . .:.a�.��.M:�."i�, . .w.+.. .'�y:l.r . . �.t R�.1..���t��'A-li'u1��4 �
�:�;s�-:��.�`�i� �if,`•�.`��t;e`Ji_,i":`9:::.�'6A'!�Y1'��'.k�t�.. •.�s.c
� . �
� • � •i��; �+Y�:;:' �'se¢ii�s�h} F +c: � 3 ! y� :�1�}i i�.� a�F�it t �-1 �#.1;.. • � . � �. '• •
�+iA�,►� . . •� [T i t� � c sh i ��� h t�i�Si�� r-' 7. : :�: i i, �� i •+
' S �q.�.�: .�� � 1 • . �� ' , •�.����,:1 r, . a . .
.r ` }'3i 't \`
- . 1�1 1,1 •\ j 1 . . � ��' . � � !.
� . ,�� . .. . . . . . _ . . .� �,_ . . ..�. ..._ . ._t ..'. _ _.. . , i . , ' �. - • . � �
PETERSON
ENVIRONMENTAL
CONSULTING, INC.
May 11, 1994
Ms. Barbara Dacy
�lanning Coordinator !
City of Fridley
6431 University Ave. NE
Fridley, Minnesota 55432
Subject: East Danube Residential Development
Fridley, Minnesota
PEC Project No. 94-046
Dear Barbara:
This letter is to confirm the results of our field review of the wetland delineation that was
performed by E. G. Rud and Sons, Inc. for the East Danube Residential Development.
We find that the delineation is consistent with the Federal Manual for ldentifyin and
Delineatin� Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation,
1989) as required by the Wetland Conservation Act of 1991.
Please feel free to contact our office should you have any questions on our review of this
delineation.
Best Regards,
Peterson Environmental Consulting, Inc.
� ����
Ronald P. Peterson Glenn Vande Water
President Vice President
RPP:GDW/ael
winword\projects\1994�94-046\dacyltr.doc
3209 West 76th Street,Suite 207 ■ Edina,Minnesota 55435 ■ 612-831-8565 ■ Fax 612-831-8735
CITY OF FRIDLEY
COMMISSION APPLICATION REIVEW
-------------------------------g------------_______
�ile Number File Date Meetin Date
�6 5/3/94 5/ 18/94
File DesCription: Wetland Replacement Plan, WR ��94-0 1 , by Paul Harstad To allow filling
of a wetland for construction of a single family dwelling at 5470 East Danube Road N.E.
Complete Review Checklist and Return
To The Community Development Department
*** Comments ***
' Barbara D. ��i�o,� c�eK.c� ,. tS tul���i.
I � � ���: r (�.��f we�I�l
.� l�—--(o �c�.,�.-�F: �
�
Michele M. 7/
Scott E.
John F.
John P.
Clyde M.
Leon M.
Dave S.
Dick L.
-- - —,
� Community Development Department
L� PLANNING DIVISION
City of Fridley
DATE: May 4, 1995
TO: William Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
,,j Michele McPherson, Planning Assistant
SUBJECT: Status of Wetland Replacement Plan, WR #94-01, by
Harstad Companies
The City Council at its June 20, 1994 meeting denied the Wetland
Replacement Plan, WR #94-01, by Paul Harstad, to fill wetlands
located on 5470 and 5490 East Danube Road N.E. On October 18,
1994, the Minnesota Board of Water and Soil Resources upheld the
City's decision. Staff directed the City's consultant, Petersen
Environmental Consulting, to investigate allegations raised
during the public hearing process about possible illegal filling
of the lot. Mr. Petersen has determined the amount of fill
placed on the site. However, staff has not determined the proper
legal action to pursue. Staff is also investigating the amount
of time Mr. Harstad has to appeal BWSR's decision.
The City Council also tabled action on the Variance request, VAR
#94-04, pending appeal of the City's wetland decision.
MM/dw
M-95-265
- (�,,�c!�r��—c.- ��.�°m�I
�� ����`
� 99.94
i
i
I
i
�
�
�
i
I
�
�
�
1
�
y.�1 d0.42
4J 1
,�� �� I '�'S�� .
� c� '���'o�
�r � �f.�✓� as �'`
ry � !. � �. ,00,,�
`' �i ,f
�'' �'r �o.,e
't�.v. / ,�,
�� ' ' /
o ,_ � :' ,
ar� �_,; �,%
�� /
� ,�' �.14 � � �O
o -;�
� f;` � � / �
� r ;� �
r �
�� ��, �� �� .o, Q� A sf�,� f ,, ;�;';'/ ., /
�.. � � 1 ��t�i 9 �- � /
, ,,�, ,�
�
- ` ,f , ,� /
i r " y� \ / a
� �
� � ��. �?f� '��°� �o�.� / �4���
,►� b► .: .2
p,�*h � '' ��r r ��sl���fi;� aj '�� ��/ // �4�o0c��"�
'1, '` :j �.� r �o ',�sG�f � � �, � \ / ,� �``L��O.
� �� +'j fo U� ��f �C � ,ob.za r ` / �' �',�
� r �� �,� ^..� .� d
' 1�f����t S`��' " `� � ,oa,aa,�� � �� �✓�►� �
.,� .�j��� , �0
� ��� � / \
1 � �'°a
00.23
/ ���► 1 s�- ,.. # �
44.Q6 � . i��<� t 3� Y' � � �,Q
� �
�oo.BZ � � 'f��s�-r � o0 35 ��{
�Q �/ .�%( /
OO.A2 `�r'� 6 �100.49 � /
iQ0�J1 '/ '
�` �'` +r :; / /
'�1 �• l� 1r� 11 I Q\ tl
T�
�4r_�` 4- ,f i' ,2b�,�A ,
� r� .� ,�j $1^�
`�+ .� �, � ��
c+� i
O � �
LC� ' d T TG ' uN Lb : 6 bt�, 6Z cfdH hZZb-Z1 b-� T�� : fTT uusipm F.�awo6 iuoi.�
1`��.t�� ' '.V � _'. 5' _
CITY 0�' rRIDLLY
5431 �;ni��°��sic�' i�veF iv. i�; .
Fric,iey , hiiilnesota 55432
( 612) 571-345G
�E : PINjt - 24-3�-2Es-�2--��8�
�d d r e s s - S`�t� �c�-sf�--be-�
Legal - 5 , 2 INNSBRUCI{ NOP.TH 2ND ADDI^ION
-----------------------------------------------------------__.-------____----------
rssesseu Date Int. Number Original 1994 Ta:� rur_ renr
. ?:'�'��LGi%��.'TiC-':1t T�`�cc'c��C; ��i.� (�� `''r5 �_.mn?,�i11� i-�ii�(l�iil'� iicl�:i^r".�
,L ti, ...� - ' _
. �������������������������.������.�������.`�������������.�����.���������������`������`
Water/Sewer 12/31/6� 15 I35 .1� ------ Paid
Ma ins l.Jc���e�� � SE�E �
Sewer ��_��'� ���-� ` 10/03/61 20 45 . �3 ------ Paid
Interceptors
, Storm Sewer 09/04/62 20 52 . 12 ------ Paid
Mains 'f ' � � `�"
Storm Sewer 09/10/73 20 218.70 ------ Paid
Mains
Laterals
Storm Sewer �9/17/73 20 228. 15 ---�-- Paid
Mains
Laterals
Storm Sewer �9/18/78 5 87 .75 ------ Paid
Mains �
Laterals
---------------------------------------------------------------------
-----------
Pending Irnprovement Cost Estimate Escrow Paid
--------------------------------------------------------------------------------
* NONE *
Misc. Fees Due Amount Due Paid Misc. Fees Amount
------------------------------------- -------------------------------------
* NONE * * NONE *
The current b�lance of the water and sewer bill is $ .
The balance of $ . �� is payable through November 15 , 1994 . This balance
does NOT include the 1994 tax statement amount of $. �(� .
This search was made by the undersigned as a public service on request. The
undersigned certifies the search is believed to be accurate, however , the' under-
signed or the City of Fridley does not insure the accuracy of the above state-
ments and does not assume liability for errors and ommissions.
� , �, � _
Ey:
SPECIAL ASSESSMENT CLERK
NOTE: There is a $15 . 00 charge for each search.
, �
.. ._... _:�! � .�. _ ., :�i.
' ' CI i'Y Oi' FRI:DLEY
:�`i�.�i �i�ii i��i:l.:�l��� i1`v'i: . !V . �._.,.
/
rridlc��, ^�_�nn�sotG ���32
( G12) 571-345(�
R� . PI�?u - 2u-3c_24_�`2.-(��81
Ad�r�s� - �-10 �ius�- .� -.,,u l�v
Legal - 6 ; 2 IN�3SBRL'CY. NORTH 2ND ?�DDITIOr3
---------------------------------------------------------------------------------
Assessed Da�e Int . Numbe� ^ririnal. 1594 Tax. C��rren�
T.i;l��,'_"O�JPlP,nI'1� i1SSc^:;;�G�i �dL� Of �i_� E?;iiO:iiA� P,R1011iit Lic�lc�-LI1CC'
-----__«__._.�..�.----------------------------------�---------------------------------
G�iater/Sewer 12/31/6� 15 135 . 1� ------ Paid
Mains
Sewer 1�/03/61 20 45 . �3 ------ Paid
Interceptors
Storm Sewer �9/04/62 20 52 . 12 ------ Paid
Mains
Storm Sewer 09/10/73 2B 200 . 88 ------ Paid
Mains
Laterals
Storm Sewer 09/17/73 2k� 209. 56 ------ Paid
Mains
Laterals
Storm Sewer 09/18/78 5 8� . 60 ------ Paid
Mains �
Laterals
-----------=--------------------------------------------------------------------
Pending Improvement Cost Estimate Escrow Paid
--------------------------------------------------------------------------------
* NONE *
------------------------------------- -------------------------------------
Misc. Fees Due Amount Due Paid Misc. Fees Amount
------------------------------------- -------------------------------------
* NONE * * NONE *
The current balance of the water and sewer bill is $ .
The balance of $ . 0H is payable through November 15 , 1994 . This balance
does NOT include the 1994 tax statement amount of $ . �� .
This search was made by the undersigned as a public service on request. The
undersigned certifies the search is believed to be accurate, however , the under-
signed or the City of Fridley does not insure the accuracy of the above state-
ments and does not assume liability for errors and ommissior�s.
,-=--
/, i
_ gy: �� %L'���
SPECIAL ASSESSMENT CLERK
NOTE: There is a $15 . 00 charge for each� search.
� ^ MAY 26 , 1994
CITY OF FRTDLEY
6431 University Ave, N. E.
Fridley, Minnesota 55432
(612) 571-3450
RE: PIN# - 24-30 24-42-0085
Address - 5555 ,�EST DANUBE RD 6�
Legal - ��;� 2 INNSBRUCK NORTH 2ND ADDITION �� �
--------------------------------------------------------------------------------
Assessed Date Int. �umber Original 1994 Tax Current
Improvement Assessed Rate of Yrs Amount Amount Balance
------�------------------------------------------------------------�--------------
L�Jater/Sewer l�/31/66 15 135 . 1(� ------- Paic�
Mains
Sewer I�/03/61 20 45 . �3 ------- Paid
Interceptors
Storm 5ewer D9/�4/62 2� 52 . 12 ------ Paic1
P�Iains
Water/Sewer 09/10/73 20 1988. 47 ------ Faid
Laterals
Service -
Storm Sewer 09/10/73 20 230.04 ------ Paid
Mains
Laterals �
Streets 09/10/73 10 2821. 81 ------ Paid
Surfacing �'33.g���f� yY- 3 _
Curb/Gutter
, Storm Sewer 09/17/73 20 239.98 ------ Paid
Mains
Laterals
' Storm Sewer H9/18/7� 5 92.3� ------ Paid
Mains
Laterals �
--------------------------------------------------------------------------------
Pending Improvement Cost Estimate Escrow Paid
---------------------------------------------o----------------------------------
* NONE *
------------------------------------- -------------------------------------
Misc. Fees Due Amount Due Paid Misc. Fees Amount
------------------------------------- -------------------------------------
* NONE * * NONE *
The current balance of the water and sewer bill is $ .
The balance of $.g0 is payable through November 15, 1994. This balance
does NOT include the 1994 tax statement amount of $. 0g .
Continued on next page . . .
� , � �
'�2 e.�, ��C��� .l�.k�• � r `2� • ��U -c'�'//�
��� � .._ ,�;1 c�_ (.�.� /1�,7� _
-��� ��;5���
�
�
�
��rr�CO'�, �'t:�-rt.� � � ��; -89�02..
.
_ ,
��,��a � �-�dhc�� ,�n �
.���� ,
�c.'��r71 1�4.:�? . I •Z/a - 0�%
C.�-►� ; 1 �B
9o.s� C'� ,Q.Q.z;� �l� _ �i.i.� .
.
��;3a3�
_ _ -
�r.l,D C���A�r- -- _ _
A���3s
�� (.��2-� ��e�Q--Q.J ,��., . ��2.5-c��
� I.
C'�� ���sl �X�. � .
'7 y c#�� �
�
�s��
'
�2.�a cQ, -`%oc��-�. �'�� ��� -�'7S"i
,
��00 �.U�-�t� �LC�-��. �2c�. .
�
�"�"ii� .
_ _ -
�
! _ _ _
� �� ��n: �� ; �.��v���
. �
9�- ao�� � . S. �v .
; _____-- -_____ __ __ ._--------- ___ -
, .
SS"i��,
_ :,����_ _
; C�_. : .
` � _ �
r. %
1`�—., �� s.,; � �=�-=�.,
� ,�.: - " � 1 ; � - �-- f . ��C�i ii�� J � -., -c:
�� .�;� , ��, -C �--.-�-r:�-�-- r1
�-., y.� � ,,} + , i` —
�-/�-f--' /' f, i� /� � i �:
� S ,.
�--�� � •��� �' �'a' I � � �
' � f � i T
r = , ; �
,� , ;
r� ��
i�;� 4 � � '_ _; i ,
�
+ � � � t' � ,�
_, `,, ' _ ' ,''� ,
; r.
�, � : ';, ' � � ` �ti ��_
, � �- . `
,.;i / }�-.-1 � � � ., �\ ���.,> 1 .Y �
_ '`�` r;'. ,
r' _ . ' �`y�_... -�./�
/� I�" , �
� I
cz�� e � '
��v � G�C..�c-�,�.tic �� � f�iy��;v� �.S'Z.
QssE�� � /l��.r�,c� f5�,� ; tf.5�310 J
�.�.t; ��e.�Gv ��<iio cJ. r���t.�,�� .���� -��79�--��7- St�yb
3'`�(e'����t���c�•n C`�-�• rU0• '
�
�11�E:�2.,�6�Lf�r ��C.Y ' r i ��/- /�/..3
/� ��.3 - /�O �1, ��k /V.C�• i
�S%/� �
' �
;
�:�.�.� �C;�2.d..� , ; 'y8'�- �7G�0
,
�-/i�-/I n c� L,�r;r2�`
;
.55-"/i,2, � _. :
�
�
_ i
�
�Q.�7't�.�c.� ���1 • i �7y-�..3oS- 78�-/,�i�s'
i
/0�3 �- C�a�c�n r2� �c�-l� ��� ,
�ZC�v ,��r u...:� ���� (
`�l /�". � /
, �� _U�/c
I__- �G YL /tl�.�.,�;)U c_.,�,-�Z� /
�0 �� �c.�C�n� �,c.�.. �./�j. -
�
�� %�.3 j
�
'� � __
. �
. `
_
CITY OF
FRlDLEY
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 5543?• (61�1 571-3450• FAX (61?) 571-I''ti7
May 11, 1994
Harstad Companies
Paul Harstad
2191 Silver Lake Road
New Brighton, MN 55112
Dear Mr. Harstad:
In preparation for Planning Commission review of your wetland
replacement plan and application, I have reviewed the information
you submitted in regards to the State Statute and the City's O-4 ,
Wetland Overlay ordinance requirements. The submission as
required by Statute is incomplete in the following ways:
l . An affidavit confirming the replacement of wetland values is
missing.
2 . The following information regarding the impacted wetland is
also missing:
A. The wetland location with a public land survey
coordinate of the wetland center.
B. The overall size of the wetland, including that portion
not located on your property.
C. The wetland type as defined by U.S. Fish and Wildlife
Circular 39 , and National Wetland Inventory Mapping
Conventions.
D. A soils map or soils information provided by soil
borings.
E. The size of the watershed draining into the wetland
area.
F. Location of inlets and outlets.
G. A map or written description of the land use within one
mile of the watershed.
.
�
Paul Harstad
May 11, 1994
Page 2
H. Evidence of ownership.
I. List of all other applicable permits.
3 . For the replacement wetland, the following information is
missing:
A. Wetland location.
B. Size of wetland. •
C. Items 2A - 2I above.
D. A description of the size and type of wetland that will
be created as a result of the replacement plan.
E. Plan and profile views of the replacement wetland with
fixed photo reference points for monitoring.
F. Type of construction methods, including the best
management practices to be used.
G. Soils information as required to determine the
capability of the site to support wetland creation.
H. Timetable of how and when implementation will occur and
be final .
I . The Board of Water and Soil Resources notice completed
to be recorded against the property.
J. A signed statement regarding the wetlands' previous
restoration and/or creation, the relationship of
exemptions to the created wetlands, and that the
wetland will not be created with public funds.
K. A detailed monitoring pla.n, including proposed dates
and activities to occur on those dates.
This information is required by local ordinance as well as State
Statute. As we have discussed, denial of your replacement plan
may occur. If you choose to appeal any decision by the City of
Fridley to the Board of Water and Soil Resources, the above
information will be required by them in order to complete their
review of the appeal .
A discussion with Kate Drewry, Rice Creek Watershed District
Administrator, revealed that your delineation had changed since
your submittal in April 1993 . It appears that a portion of the
r
Paul Harstad
May 11, 1994
Page 3
replacement area is actually wetland. A site visit on May 10,
1994 confirmed this. Please provide additional information
confirming that the current delineation is accurate.
I have the following comments regarding the alternative analysis
presented by you on page 2 of the wetland replacement plan:
1 . The option to combine both lots into one buildable lot to
construct a substantially larger house is not thoroughly
investigated.
2 . The City requests that you submit expert testimony from a
registered structural engineer to support statements in
alternative #2 regarding the use of pilings to construct the
dwelling unit. In addition, soils information should be
provided to determine if any house, irregardless of the use
of pilings, could be constructed on Lot 5.
3 . The proposed building footprint is approximately 2 ,800
square feet. The City permits a minimum first floor area of
1, 020 square feet. Adding a 576 square foot garage creates
a minimum foot print of 1, 596 square feet. This would
substantially reduce the proposed footprint of the dwelling
unit, thereby reducing the overall impact to the wetland.
In addition, a two story house could be constructed creating
a livable area of approximately 2 , 500 square feet which is
close to that which you propose in the replacement plan. In
addition, the impact of the variance could be further
explored to minimize the overall impact when combined with a
smaller footprint. It appears that a 30' x 50' footprint
with a variance to a 20 foot setback may place your request
into the 400 square foot exemption.
4 . You did not explore the use of retaining walls or gabions to
reduce the amount of fill needed to blend the slope back
into the wetland. The use of these structural items would
reduce the overall impact into the wetland.
'I'he comments listed here will be incorporated into the Planning
Commission staff report for their review at the May 18 , 1994
meeting. We will also be forwarding a copy of your replacement
plan and the staff report to the Fridley Environmental Quality
and Energy Commission for their review at their May 17 , 1994
meeting.
_ ._ -�
. '
Paul Harstad
May 11, 1994
Page 4
If you have any questions or concerns regarding this letter,
please contact me at 572-3593 .
Sincerely,
Michele McPherson, BLA
Planning Assistant
MM/dn
C-94-126
Harstad Companies
May 11, 1994
Mr. John Jaschke
Wetland Management Specialist
Minnesota Board of Water and Soil Resources
155 South Wabasha, Suite 104
St. Paul, MN 55107
Dear Mr. Jaschke:
This letter is written subsequent to our telephone conversation of May 10, 1994.
Harstad Companies is scheduled before the City of Fridley Planning Commission for a public
hearing on May 18, 1994 regarding a request by us to alter an existing wetland.
Briefly, it is our intention to fill wetlands on a lot that was originally platted in 1977. We are
anxious to begin construction on this lot as soon as possible. We would like an interpretation of
the Wetland Conservation Act to deternune whether or not we qualify for an exemption to the
permanent rules. In order to begin the approval process, we submitted a Wetland Replacement
Plan. However, in the event that we qualify for an exemption, Harstad Companies prefers not to
abide by the proposed replacement plan and related submittal process. The time delays and added
development costs would be excessive, in our opinion, for one platted lot. In addition, it is
questionable whether any wetland replacement would benefit the natural environment; the two
proposed on-site locations for replacement would require cutting down a stand of trees and
mitigating in an area that was previously filled for home construction during the late 1980s. We
have already paid for a delineation, grading plan, wetland nanative and replacement plan.
This letter is written specifically to request advice for the following questions:
1) Is exemption#24 (or any other exemption) appropriate for this particular case?
2) If an exemption is appropriate, is Harstad Companies still required to submit all the
information requested by the City of Fridley and R.ice Creek Watershed including, but not
limited to, 100-year floodplain calculations, a revised grading plan, a wetland easement, a
cash surety, and soil boring information?
3) If an exemption is appropriate, is Harstad Companies still obligated to a five year
monitoring plan?
4) If an exemption is appropriate, is Harstad Companies still obligated to any replacement of
wetland?
�',�..d,o �
���
,�,,,,� 1-9(3� Silver Lake Road • New Brighton, Minnesota 55112 • Phone 636-3751
���y� REALTOR"
� _ ___ _ -
Harstad Companies
The following points are mentioned to help you make a thorough assessment of this case:
1) Please see the enclosed letter from Rice Creek Watershed dated April 29, 1994. They are
requesting information on the 100-year floodplain level, including a revised grading plan showing
that the lowest floor elevation is at least 2 feet higher than the 100-year floodplain level. Since
there is a storm sewer outlet on site, it seems apparent that the elevation of the outlet is also the
floodplain elevation. If that is true, then it would follow that the proposed contours of the house
pad, as shown on the grading plan, are well above the 2 feet minimum.
2) It may be worth noting that Lot 5 was filled in 1987 in order to build a house. Lot 6 was
not filled at that time because we did not have plans in the near future to construct a home on that
lot. However the fact that the City approved our plan to fill Lot 5 (and gave us a fill permit) may
be evidence to support our viewpoint that Lot 6 was also an approved, buildable lot.
3) Our original permit application (#93-61)with Rice Creek Watershed was submitted in
1993, before the permanent rules took affect. The request was tabled due to the substantial
reporting requirements.
4) Both lots are recorded, platted lots on file at the Anoka County Recorder's Office.
5) Both lots have City sewer and water stubs.
6) We have recently applied for a 15 foot front setback variance for Lot 6, which will reduce
wetland impact bt approximately 900 square feet.
Please advise either m self Michele McPherson at the Cit of Fridle or Kate Drew
Y , at Rice
Y Y, rY
Creek Watershed on how to approach this challenging case.
Very Truly Yours,
HARSTAD COMPANIES
�,%'
- �.;..o� (' , �;f�, ;-�-�
Paul W. Harstad
cc: Michele McPherson
Kate Drewry
enclosures
���„��,� �
��.nl�,I�,\�
�w�;,�• 1-9tJ0 Silver Lake Road • New Brighton,Minnesota 55112 • Phone 636-3751
��y/ REALTOR°i
,:
��
,�
�.__.__. ..18 �Y ��q-� --
__ ___._ __._.._. .. ��---�-�,� �,,�� a�--�� _._..
,;
-----�..._.___ ; ' +���e�� �-tano,�
�� � ��� • �!�lZh,✓�"� i l�t�r TE{-t�f' ►J�C.T f LD'T't D�4
�--------------- � � !
--- fi Wli.� t�E la f�t�k� Tt> �%"^�a�—
T
!
'�_..__._..__._..�_..._ { • W t w -�-e�-�+�T—'t� '��� �"�c r��
�
� ! �-�i-��-xrr' hz-�-+�-c�['t vES.
.__ � z
r___.__------- ,
�;
1: • va�-��� �-q��-�—
'�_._..__..._.___ ___._ ,
' ' ��-�i �k+.c.s '�Go,►�t t a4lv
I�.Y..______________._ �
I�------�_._...__.. .
� •�I �?a t,t� �,,a a�t r-cei.T7-'�:
�_ F _' Ld'1-s S'�(� �Z�-r�,2gi% Uu�wl��.��
r--�-�-------- ,
' ' - �q�Y� ��rrtor-t�.- �►y oFr�
�-----�---___- ---
;
'�1 i.�--rN
-------___ _. ... ___.. � ./
� .
i '
"' !�� �`� �F �l(,�(I�lGj
_----__._.____._______.�.', � .
!
.__.____.____ __.._�'. - wA-nt�rS �o -i�►g��E�-tscv��toi•.t
I
- �; "" �'AI-il'.�N W I�'����
_.__._...._.._ .____�i N�a'f" W�'t��tt�J. G�-�-L`7'�
�` -- 1�l `�"-r�-
_ t VErr�- �tD �- 2
'�-----------._.__._. i
_ � - wtw ��' -�-�' �-rY � t l��t���2.5
�.._�.�_ _ __�;
���..___.---____ �� �� -���y ���
�' — �q�v �,�.L��c o�� �NEQ� TO �,+�EGf�. I���G�)
.,._..._�__._-...__.._------' 'F
� ' � �`- �+d�t�� �
_. _.__.___. 4; -- � �-- l��� �� �
; 1
�
��_._��', -- w�r�-�n.� +4��E -ra ,k v,4�,�-r--r
�----__._._._.__.____ �.. aF ���--t�� $�t�.S
;
l-V-------.------___.. ____�: - W�i1�Pd�1��. lS u�t7 �- lGE" fSl'-�'T'(�-�j
� /
--�---------�� - '�-F�cK-� vu� s�crrr-' �.�'� Ia�2 Fi u.-��
;
�_..---_�---- --- �• — 1��9 a-��— �-�-+�--� ��— --3 —
'_i ovre.s a�--� ��r�n�-Ys
_ L
�---___ __ _
If
, � ,
, , , . .
, . - � . .
�` ,
,. _._ .
. . � . . . . � . •
, �
---- • : ' . • . , f: � , • . � _.__ _. . ._
I)
�
----� _ . _ - . � . , , . .. . �, • , � ; _
' I
il
--- __ . ' . . . ; �. . ` �: • , . �i
' . . . . .. . ' �
. , . . ". - . ; • �
- _ • ;.-� .,�,, , . . , • ii
. .. , . -- .. , . _ , - _. . '
- • , , . . . . .
' i
_ _ - . . . �� . .` . . . , � �
. �
, � _ �
•. . ,
. , , .�,.. . , , . *
_ , _ : .. . - �
_ _ • 1.. , , . , . , �
��
�
, �. . .
. • . • .
.: �. �- . �a � . .. _• • � ., , �, _: . .: � . � - , ..
' t ,.
� . , ., , . . _ �.. _ :t . . .. ,
� . .
. •
. ... ,
_. `� • ..,��_�.�� ;. .� . .. . . .:
�I' .___—_"..__._.._._.—._...__ _.. .. � .. A •' . . .• � � �:._ " .. - . ' ,
� �
. . . . . .. ... ..__.._.. ..___
. I
.. � . .. • . . . . . . . i .
. . .. . .. . . I
.,. � �. . , t�...... � .,�: .` .. . � ,. -a i
I--��_-.. . . , . . . � � . . . '� . . � _ � f 1 ._. .. ... .___. _. ._.__ ..
i � �
. • �
F-� ' . •. . r � . � ... . _ . . . . � I
�� � I
�. - -' � '.. � . , . T � ' �: • . . . .. , .
I .
, }
: . . : . . , . ..
L._ .... __ ._-------- - -- �
��
_ -- __ -
u
',�------- _ . . "�SA $t�b's��f v�(� `�-'�4,k?�7'��5 �tc5 P e'��a���"'1 a�•.tS _;
M «
I - �1��GTS �t-R��- ��t (.a['S
'r----
___---
I ---____ : . �f`h G{-�- W�-� �TE� � �N bcJ�c .�,t.E"
. - v✓��- Wtiw tl�t���r'" �-`1`� ��c����
-_ _ _ .. - ��� lqa?� w,a�- �v�s t�vE
, - ___- _ _- . . l�N9a�r•c��� 6���� U1�--� t�v�c- �
o�e1 �uP-+-�t c.� w�k,�-_�
___._�. _____. ._. .. ^ GI��Gf�r ����wt�r" ���
.. — t.v�" S U��YlS�'u� U�I � f��i U-4�
�� 148l,�
II W M 1�t r '�'D-I-i�? -' �J.�ce�.-N W�`r'�!- `WrU��s-.�Y�S
I'�.i�f f���tM.�cS� — (�rJc.� �-�u7v�� o� H�7L�+�
1 N �T�-�-IS � W���-t�
.: - w�-�- ���u�Y t�� ,�Es � _ _
Q-�c�T � "Fi t�t._�1�� 6� �'Aa��-� ��`
�
�J`.1�-- �N�Y
�
- �oN�� ��E- WN^�l � Wa�� �t-�urc"
4 ,
1 '�Il�t�ll�1.� D'F l.0`i5 �A/H"�� tT ��J
�
._ N E�� t�a�-- �'�tv�r�- ��z�-
: _ ssas `,,�i���� cou�� wl�,�-.
�, ,
__ _ _ -- vw-+�r we� tt�.a,�.--r�N��,-rr-
S
i — Co�st�-- Gt��Ut�l l.�rY 0�`�t �r3ti
�_.______._ .__._._ }
�
�----__---__
_ � — �rre�2�. ►�ls. Vf u��-S
� VUI�.. h�- i�o �t.ae��
�-------
_- - - I
'�, _ ___ _-- --- } �� �-�-I�i c�S -- � 7�
i '" C� W tTtk V tZ�1�- �� ����'
-- ----- i
.---------- ` � !9'� c�t 1�LtG}�'f10�.! ��.1 11�C.OJ�tt�-(k�'BY�i��
�
— �t� t�suE or" lRgY �tw��
�, ' -
_ _____ . ,
�
—__---..___ _____ _-_ _ _ . _ �
- . , , . , __ _ .
: _. . . . , .. . . . .. . � .
__.___._._._. _.___ , , .. a
,
.
_� , . _. . �
. . . . .
__ _. _ . . . . , ; ; , �
. , S
. . - �
. . •
. . . . , . . , . ,
_ _. . , . �
- . . . _ �`
� . . � � � � . . . .�. � . . � . � � i j
��
! 1
• � . . ' ` ��
. . : . _ ��
_ ___ _._ . ; � : , , ,
�i
, . , . •
,
-- ---- _ ___. . . .. ,: . .
�
�
� . . , ,
. . _
y __..
.
;. . : - � �
.
_._..--- _. ... . . . . - �
. _
__ _ .. � .- � . -. � __---
' - . . , • � _
. _ .
, , , _
, . . .. , • . � _
y . __ ---
� � �
i ,
.,
• � ' � {'
. �
� -----
� I
. . .
. . .
� . . .
, _. — --- --._..
. i :
- . . . . , , . :. �. .
,
�
,
-- _ _ � . . . .
_ __ _ _
;: _ ----
' � - ;: _ _
, ;
, . - ' . i
. . , , _
.
, ; , :
� _ '
. . � I
!� � �� `�"
; i �
._..____-------_._._. ! _ �S �vN.r�(�£s'�lDln�
�
,.^_.------ ' ' C� G7DniE _
• wt�.ti cJ��"5 ���� _ __ _ __ _ ._. _-..---- ------.____— ,
� _ _ _ .�.--.._ __ --__._.____
I----- ----. _ __ . _ �
� ��� ��t--�Y ��N �7Y I ow�-6t-ou.-�.�
� --- __.-- __- -- .___.____..__
�
�-.--__--__._._ -� • � �Ze,4'� -t�-ts l�rt�-- ._ _ _ __. . ._ ____ __. .. . .
_____. ' ��'F UN?7S O'F �f��kt��1.�� _ _ ___ __._ ..
� . _ __ _
� • (,? � �1 �t a�t J�c�e.�' �P,�.✓i �✓ir�5'
____ __
�I '__ __ � � i
1�---..____-----t � w��5 Gbv'Qi �I-4 � yl _ . _ __.__ . .___._._ ._ ._. . _ __---__
� �t , rr ' I �
------_ ---� ' ��✓1�.✓' S OvL- �1 lq1 vl _ _ _ _ _ _ _ ----- __ _ ______.. _ _--
� ,
V�� �nf d ' _ _ __
,
• _ _ .
___.�: w�ll -�v�� �h�I-� a. ��� _ _ _ _ _ __ __
� . �""
; • �?,✓1 : v�t,►v��wtCv� v' ��TS_ _ _ _ _ ___ _ __ .�.
�_ C� . _ .__ __ .. __ _ __ ,
--- -----� _ I __
i
�; �� . �
' - - . --- _____�
--__ ---
_�- . _ _ _
_ _
. %
' ' ' �'-�o '��"�.�b(�c� w ,�,l�-�
. • �
___ __.
�� . • __ _ ___ ____.____
_ �� �� v���' � __ ----- ---__ ___ __.__
,� .
------ � do�-�- a.��l�� a� __ _ _ _ ._ _------ ---._
�
. U
� ����.� -�--U� c�vGh . -�- o v� e`�� __ _____------------- - -----
�
--. __ _____ __--
_ . -- _
�---------- -----_
� v'� ��- o� ��
�.- _ _ _ - _ ___ _ _._ _ __
, -
__ _
� � -�--� � « �-o s�e--��-ts ._. _ _ _ _ ____ _ _ _- __--_
r.____.________ .
_ • a�� _ i;�e� _ _
__ _ __ _____ _ . ___ ._._
�-----------___ _
�
• b � -f� ��,✓' --� sa�� _ _ _ _ _ _ ___ _ ___..__�_.�
�__________..._._ _ � �
--._. .__ __ _ ---.. � _ _ _ �� ����-- __ _ _ __._ _ _____ _.__ ----�- ---
i
------------______.__ �� � 10� �s _ _ ____ _ ______
�- I _
�� �_v��_�I -�� (�-�1 � �--f�l� ��.
_.___ _
� __. ____ __ _ _ _ _.
:' _ _ _ � ��� a�a�--
1 r
� �._____�_-.-- _..__..__.__.___..__ _______- - ___
I'------- __ _ .------ __—--
_ ____ __ _ ____ _.__
_ __
_ _ _ _ _ --- _ ----
, ,
� . • .
. • i
i - . • ,
�_��__. • ; ' , ' :':'' -: i , "+ .
--------—--------------. . _—_---- -.i. ._ .. :.. �. , . `�.
. . s
t .
. .
• s � _ --
.�
...___... .__..._____. . _._.._...__ . . .. V-.� . i . .
._.`."__ . , :. . . .� 1 '1 K• ' _____'___.._......�---.
� � •
� i ��. ' ' , • '� ...-.1 .. � � 7
-- -- ' , • •i: . .
� • .
. • , �
. . .
_..___ _. ___ __. _ . _ _.s_._ . .
. . � .
. 4 '
� , 1
f :
— ---- — '--_.. ._ ._..____... _... .-------------_ �_--.. .__ . .. ._.. . . .. .. . , �
- . _�__. .------.-' -----—._---------
i
.
� .
�'�.�..__._._-�---------�--....__.._ .�___� . � � -. , .
. � �
.
. � ._. . -
_.._.��_.. • , ' ' ' � °_ i " � • .t1`. ' ' . • ,
. . , .
, . , . _.
_ _..___'_.«__.—�_—___. • . �. - ' . ' ' � .
_ � , . j
. � � . �. - , . • . . � � '
.. ��� .�.��' .� �� ..��� ..
.��.�r�JM u�� :���� .� --��.5.� • $�
� `
_ � �, �f-� �' _ _ ____
�� -� �
.� � � , -� , _ _ __
t�, � ��� .-f-� i� _ --__ __ _.
, ''�fs� , �
� _-�°H�,S. ��'�1 1� :-�°l�`"��-� �,� �� _ ---.
, ,
; ;
, ��`l�' }� - _ ___------
� � . _
_ Q�q N1�C3� ' �y� 'YIJY� .
��1 � � - -I �
M U�U ; _ -- - - --
� �°I �/� .S�-�,� '
� .
�� ��v►�� ..,�� ov� :;
. ; .
iy
ij
•.---- �'�. "I Y' � I
'� �
�'�`a/ -� �;I -�7'Yl�l -P►��--. .._ ;�
� _ _ __ ._.
, � ����-� � _
L�� t
�U...� �q-�-'� Qt" -�►-�.��1 '� �b�1 ��? 1. . _ _ __-
__ : �n�a �a . j
-t P
�'�-�'�-�-�-- �`�'-�--�-Q-���� _
�^' � �1°t%Nn�`
_ ___.
-x Uo .�� -'ra�" "
___ _ .____ ----.
-J'o '�-''°� �S �l"� ��r►�°� _ _---
_ _ _ ___
:rL�. ��• �
�''�� _. ___- ___ _.
��r . _____ _ _ __
. �p'�vl �.5 °�-- +
j _ ...�,� ,� ��� Un.� s.� -y,,,� . f
- -
� � _
_ _ �-�t'� �Lf-�'n —�o��° .
--_ ___ _.
_ _
------ �----_ _
_ (1 J+'�J�J 3•N
�� ,n � � __ __ ___-- —
�1 °l 1?-�''''`� �' �
:� ---- __-- --
,
�
�
} ___----____----.,
I
:
�
�� _ __ __ x ---_._ .______�
;
,�
_ ��
_ . ,
_ _ _ _ __ . �
- i
_ � . ;
� _________.�
�
-- __ --_ _ __ _ � ' ' -------
. . , , � .
,
. ,
. ,
--- - ' ' ' � _.__
'� -.-- -----
'-- ' . , - '
, � .
_ , .
- : •• ' ;� __._._ .------
' i
. ,
,T _._.__---- __.___.____.__
.�_ _ .
__ _ ____ ___ __. _ _ -- -_ _ __ . ___ ___ - ----------
i
_ , - �
' �
• - ' . �
�
�'
------- �
, ��t"d V V�`� • ✓�� �
' S" �L�' e�� �
�
__.___ _._ �-
_ �_.^ _
� c�,� � _
, I
SSI�( V 1�P�-�--- ��oe�� �-ti'vv�Ad �� ✓�.�"' �
` ✓1Q.t �t�( �_ 5���4� . 1/l� G�-���� _
;
a�- e�C-�f��n-s�- s�-`7 K.�. v�ei �tl�s
I ' _ : i !l � c�vu�. � ����w ��-,C'
�
� _._� `--�c�. �(.er' . __
'� � ��e7 �a�---����I�����- v�.o�-- �c�r�'t --1�
�---- _._..._ : "`� _
:
_ i�.-� � �-�e. w�(� � _ _ _ _
___------ ._.______- _ _ �
� s�( �,�� = c�o
1 _._ . .
; �.
� � _ __ __
__-----� _ __ .
,
._ ___ _ ._- --__ - e�►�,� ��. �� r,�- �r�la.,� �,,�ld _ __ __ - _- - .._
, U
� . �.� J� -�lled� �,����.�'!I
�� _ ___ __ _
s �
:; -
___ _ __ _ .__ �.� = Vto _ vt c:��ioyc.� � !��(p���wr�" __ ____ _
,� �� ��� �lv
e , .
�� . __ _ — __ _. _ _ _____
: � r
;� � �ir � �1 QiI `�� 6Vl � GVYV� C�-T�/10�_
� � � � ���
�.} Y�v� (�O_. ��I�
1 �
, v�o �-fGte,�' va,�-��t.c�s i✓�___ _ _ .__._______.
r
� `� v►� l�la��
---- . ___ _ _ _ _ _ _ _
__ _ �►a-.ne� ��} � ���'_ w��s a-�� _ __ _. __ _ ___ -- :_.--
I _____�
i�---=-- --_ _ _ _ VG��Gei u10� i� J _ _ . _ _ _____ __.____ __.__----------.
�
�----------- ____—_ __ .._----_ _ .� _.
�,..�__.---___.___ �� �-�--DS _
� �.��.��t� _
va� .e�[ - �l� � � �
_ _ __ � �� �1 �
• co� w�-I�n 3 c►�� Ina,�d�
_ _ .—� � __ _ __ _ __----__ - -- ------
; . �--
._._�__. --.---- � • �-�, �-�� _ _ ___ _ __ __ _ __ .._---_.. . ..____.___---------
4 _ ' � !' �
,.� __. .
__ �
fI
_ _ -- -- _ __ _._ ; :
. . . . . �
, .
, .
, .. � . . , ... .
. �
_ •r. : i
. .
, . .. � . . . ; . , . . , .
.,. . .
•: , J,: : •
` i"
, ;
, . .
_ _.._ . .. . _. • -. . .. . , . . . .. . � _._.._._. .__._.. _..__.
:�
' �}
, « . ;
�__._.----'.._ . ._. . . . � :... � . - . .. � �.
........ ._ . . i
i � � . � . -. • . .
r . •, ,
. . . . . . ,� �t
. ,
--'L--.r.. '_i__:.�.. ... � . � � . . . .._.._____._..__ . . . .
_.._...___.._.._�--. . --''.."- ._..._- . ._ . �
, __._: _._._ _ . . .. .. . .. _. _. . .. . .._. _ . ...._._.___._--
. ... : �'� ' : , �� � �� - �,
. . .� , . . . . r.�
. 4 �
k A
. . � • .. . . • . • . i �
, . �
�_�___- '___. . • .. r � . ,
..`__"__ .._..... ..._.._. ..__....... _..... . ,_. _. . '
. .. . . _ _. ._... .. ...._ .. ..... ... _..... . ...... .. ._.__ . .. _"__..
I _
j
I
_.�..__.__"-__ _..__...._ .___".._..__'___._""'_...... .
...__.__ ........ ... ...... .. . ...� _ . . .
._... ........ ...... . .. ....... . _. ....__._. ._. __ . . .
. .. ....... ..... ."_'_.. . . _...._ ......,......_ .........'__..
�
7
' .
.
�I'�'�_'_ . . _`.� . . .. . _ _. . ... " . � � .....__... ._..'____. ..._
F
,
. .
"`___ . ' ' �' i. .. . � ., . :.'. .. . ,.
..__"'_'_.-_"'_'_._-__'__. _ .._._. ... ..._ _.. . .___........ _. . . . . . . �
. . __ . . . . .. . .. . . ..__ ....__ . .. _.. _..._
. ' u • � , .� • . � .
I
i ;
� �
��
May 18, 1994
� Mr. Paul W. Harstad
�!`^'��' Harstad Companies
M�,J�� 2191 Silver Lake Road
Wdt�'&SO1� New Brighton, MN 55112
Resources
Dear Mr. Harstad:
Southbridge ONice Building In response to your letter dated May 11, 1994 (see attachment) I offer the following
155 S.Wabasha Streei specific comments and answers to your questions after making one general statement:
Suite �oa �e local overnment unit G in this case the ci of Fridle makes Wetland
St. Paul, MN 55107 g � �r t}' y,
(6�2)2ss-3�s� Conservation Act (WCA) decisions about individual replacement plans and exemption
Fax (612)2s7-5615 determinations.
Field Offices Responses to your questions as numbered:
Nonhern Region: 1,� Exemption#24 may or may not apply. It is up to the LGU to view the evidence
Room o3e Avenue �d make an interpretation based on the rule.
Duluth,MN 55802
(218)723-4752 2,� If the project is exempt from the WCA the only requirements are that Best
Fax(218)723-4794 Management Practices (BMPs) be implemented (e.g. erosion control measures)
32i�aemidji Avenue N. and for Exemption#24 that the impact to the wetland be minimized. However,
Bemidji, MN 56601 other local zoning and permitting requirements may require that you submit
(218)755-4235 additional informadon.
Fax(218)755-4201
217 S.7th Street 3.) If the activity is exempt, monitoring is not required by the WCA.
Suite 202
Brainerd, MN 56401-3660
(218)828-2383 4.) If the acdvity is exempt,replacement of lost wetland is not required by the WCA.
Fax (218)828-6036
Your best course of action is to present your exemption evidence to the LGU and request
Southern Region: an exemption determination. If they deem the project exempt a certificate of exemption
P.O. aox�ss will be issued. If it is deemed non-exempt you will be required to follow the sequencing
H�ghway i5 S. and replacement requirements of the WCA.
New Ulm, MN 56073
(507)359-6074
Fax(507)359-6018 If you believe the LGU has made an incorrect determination based on some unresolved
1200 S. Broadway scientific matters you can request that the Technical Evaluation Panel (TEP) investigate
Room iaa and make a recommendation to the LGU. If you believe the LGU decisions are not in
Aocnester, MN 55904 compliance with the WCA Rule you can appeal the LGU decision to the Board of Water
(507)285-7458 and Soil Resources (BWSR) as per the process described in the MN Rule 8420.0250.
P.O. Box 267
1400 E. Lyon Street If you have further questions our agency needs to address please contact Jim Haertel,
�-�arsnai�, MN 56258 Board Conservationist, at 297-2906.
(507)537-6060
Fax(507)537-6368
attch.
Metro Region: SinCeiCly,
Southbridge Office Building
155 S.Wabasha Street
Suite 104
St.Paul, MN 55107 ��"'�
(si2)296-3�s7 John Jaschke
Fax (612)297-5615
Wedand Management Specialist
c: Jim Haertel, BWSR i
Michele McPhersoq City of Fridley ✓
An Equal Kate Drewry, Rice Creek WD
Opportunity Empioyer
Printed on recycled paper
.
►
� Community Development Department
C� PLANNING DIVISION
City of Fridley
DATE: May 25, 1994
TO: �,/Walter Cole, Accounting/Data Processing Clerk
FROM: Michele McPherson, Planning Assistant
SUBJECT: Special Assessment Search
Please complete a special assessment search on the following two
parcels:
24-30-24-42-0080 G��: a�---
24-30-24-42-0081
I am particularly interested in the original assessments levied
against the property which occurred in approximately 1973 - 1975.
Thank you for your assistance in this matter.
f
MM/dn
M-94-276
' t�iAt' 26 , 19�d
CITY OF FRIDLEY
6431 Ur.iversity 11ae, i�i. �.
Fridley, i�linnesota 55432
(612) 571-345a
RE: PIN# - 24-�9-24-42m�080
Address -
Legal - 5 , 2 INNSBRUCI{ NORTH 2ND ADDITION
--------------------------------------------------------------------------------
�ssessed Date Int. Number Original 1994 Tax Current
Im�rcvemen� Asses�e�,' t2ate of Yrs Ar!mo?�nt Amount i�aiance
--------------------------------------------------------------------------------
Water/Sewer 12/31/60 15 135.10 ------ Paid
Mains
Sewer 10/03/61 20 45 .03 ------ Paid
Interceptors
Storm Sewer 09/04/62 20 52. 12 ------ Paid
Mains
Storm Sewer 09/10/73 20 218.70 ------ Paid
Mains
Laterals
Storm Sewer �9/17/73 20 228. 15 ---�-- Paid
Mains
Laterals
Storm Sewer 09/18/78 5 87 .75 ------ Paid
Mains '
Laterals
--------------------------------------------------------------------------------
Pending Improvement Cost Estimate Escrow Paid
--------------------------------------------------------------------------------
* NONE *
------------------------------------- -------------------------------------
Misc. Fees Due Amount Due Paid Misc. Fees Amount
------------------------------------- -------------------------------------
* NONE * * NONE *
The current balance of the water and sewer bill is $ .
The balance of $.00 is payable through November 15 , 1994 . This balance
does NOT include the 1994 tax statement amount of $. 00 .
This search was made by the undersigned as a public service on request. The
undersigned certifies the search is believed to be accurate, however, the' under-
signed or the City of Fridley does not insure the accuracy of the above state-
ments and does not assume liability for errors and ommissions.
By:+ �' �
SPECIAL ASSESSMENT CLERK
NOTE: There is a $15 .00 charge for each search.
� ` i�7.AY �b , I9�4
CITY O1 FRIDLEY
5431 uri4�ersity Av2, :3. E.
Fridl�y, Minnesota 55432
(612) 571-3450
RE: PIN� - 2u-3�-2�-42-0�A1
Addres� -
Legal - 6 , 2 IN�dSBRUCY. NORTH 2ND �1DDITION
--------------------------------------------------------------------------------
Assessed Date Int. Number Original 1994 Tax Current
Im�;ravement �ss2ssed Rate of Yr_s Amount Amount Balance
-----------------�---------------------------------------------------------------
Water/Sewer 12/31/60 15 135.10 ------ Paid
Mains
Sewer 10/03/61 20 45 .03 ------ Paid
Interceptors
Storm Sewer �19/04/62 20 52.12 ------ Paid
Mains
Storm Sewer 09/10/73 20 200 . 88 ------ Paid
Mains
Laterals
Storm Sewer 09/17/73 20 209. 56 ------ Paid
Mains
Laterals
Storm Sewer 09/18/78 5 80 .60 ------ Paid
Mains -
Laterals
--------------------------------------------------------------------------------
Pending Improvement Cost Estimate Escrow Paid
--------------------------------------------------------------------------------
* NONE *
----------�-------------------------- -------------------------------------
Misc. Fees Due Amount Due Paid Misc. Fees Amount
------------------------------------- -------------------------------------
* NONE * * NONE *
The current balance of the water and sewer bill is $ .
The balance of $. 00 is payable through November 15 , 1994 . This balance
does NOT include the 1994 tax statement amount of $. 00 .
This search was made by the undersigned as a public service on request. The
undersigned certifies the search is believed to be accurate, however , the under-
signed or the City of Fridley does not insure the accuracy of the above state-
ments and does not assume liability for errors and ommissior�s.
, ,. ;�i�
i
_ gy t O
SPECIAL ASSESSMENT CLERK
NOTE: There is a $15.H0 charge for each� search.
� ..
� MAY 26, 1994
CITY OF FRIDLEY
6431 University Ave, N.E.
Fridley, Minnesota 55432
(612) 571-3450
RE: PIN# - 24-30-24-42-0085
Address - 5555 WEST DANUBE RD
Legal - 11, 2 INNSBRUCK NORTH 2ND ADDITION
Assessed Date Int. Number Original 1994 Tax Current
Improvement Assessed Rate of Yrs Amount Amount Balance
Water/Sewer 12/31/60 15 135.10 ------ Paid
Mains
Sewer 10/�3/61 20 45.03 ------ Paid
Interceptors
Storm Sewer 09/04/62 20 52.12 ------ Paid
Mains
Water/Sewer 09/10/73 20 1988.47 ------ Paid
Laterals
Service
Storm Sewer 09/1�/73 2B 230.04 ------ Paid
Mains
Laterals
�I Streets 09/10/73 10 2821. 81 ------ Paid
Surfacing
Curb/Gutter
Storm Sewer 09/17/73 20 239.98 ------ Paid '
Mains
Laterals
Storm Sewer 09/18/78 5 92.30 ------ Paid
Mains
Laterals
�
Pending Improvement Cost Estimate Escrow Paid
* NONE *
Misc. Fees Due Amount Due Paid Misc. Fees Amount
* NONE * * NONE *
The current balance of the water and sewer bill is $ .
The balance of $.00 is payable through November 15, 1994. This balance
does NOT include the 1994 tax statement amount of $.00.
Continued on next page . . .
., i"�i:iY �O r !Jy�
CITY OI' FRIDLEY
5431 University Ave, N. �.,.
iridley, Minnesota 55a32
(612) 571-345�
RE: FIN# - 24-30-24-42-0077
A�dress - 5564 EASm DANUBE RD
Legal - 2, 2 INNSBRUCK NOR`1"H 2ND At�DITI�ON
��
�='uti�1r"
I� ----------__��------------------------------�------------------------------------
Assessed Bate Int Number Or�ginal 1994 Tax Current
I:r�provement Assess2� Rate of Yrs Amount Amount Balance
I� ------------------------------
-------------- -------------------------------
Water/Sewer 12/31/60 15 135 .10 ------ Paid
Mains
Sewer 10/�3/61 20 45 .03 ------ Paid
Interceptors
Storm Sewer 09/04/62 20 52.12 ------ Paid
Mains
Storm Sewer 09/10/73 20 324 .00 ------ Paid
Mains
Laterals
Storm Sewer 09/17/73 2� 338. 00 ------ Faid
Mains
Laterals
Storm Sewer 09/18/78 5 130 .00 ------ Paid
Mains
Laterals
-------------------------------------
I Pending Improvement ! Cost Estimate Escrow Paid
I -----------------------------------------------
* NONE *
------------------------------------- -------------------------------------
-Misc. Fees Due Amount Due Paid Misc. Fees Amount
------------------------------------- -------------------------------------
* NONE * * NONE *
The current balance of the water and sewer bill is $ .
The balance of $.00 is payable through November 15, 1994. This balance
does NOT include the 1994 tax statement amount of $.00 .
This search was made by the undersigned as a public service on request. The
undersigned certifies the search is believed to be accurate, however, the under-
signed or the City of Fridley does not insure the accuracy of the above state-
ments and does not assume liability for errors and mmissions.
By:
AL ASSESSMENT CLERK
NOT�: There is a $15. 00 charge for each search.
I
------ —__
-- --- - �:� ����-�
�:� � , . 1
'j �' �� �I ��c I�-- r�: l-�.�I G���bc� w�� ��`(--01
-----_ _. ! �
v���,c.c�.e�:
- I� �,1� �� �; ����cl ��� _ __ _
------ ____ _ �
� � � s�.-�
._ d�.«.i ����� �� �-��-I-- .
o�- --�;f! v�eeded _
I-- _ _ — _ _
w��n,�a v�>f�����' �I�.�.:
r ._ 0,� .-� �� �
�r
-��, � --���-
__ �
2� � � �� �,
__ l�c1✓ �z.v:� - C�,,,i�� !�--�k v3 �
i r,� � >
` �c�f' �h(��' {��3�" �-��- � - Co�S��+�"e,c� i�l l�i Zb
- �
�— ��✓vr'�ecf ���eS+t'c� � C a.I e�I d.� _
r---- -
�,�l�d 1�- �
__ - i'�t.CZwI w I ` W�r✓+P.vt-t' ir✓�r�c.d.�h
— �,ti{c% ���� i� ✓���� '�— Sf1,'7tfte. � �i���
� � 7 �
i� •wlna,�F c�►c� I�� V����i. W�l�.�.dd __ .
� ' • ��In�+s�-f(�� �. ' 10� _ _-----
� ��-`,
;i � � ��
' t ��G.t��C� `�tT��-dL`� : (D _ __
I � ��
___
��________ _ -�.��
, � ;
CI�.¢..�;I,� vJ +���1�� W;�,� �--�I�/ .
r-------------- I
�� -----_ --. __ —1� �:� 2c�� I 1�''�� _
�-�w� �,i��ie�
-------__ _ _ _ �
---___._ _
t�:.-f��
�
� � �t.� ����
--- __ �-�� '��
----------- -- f -+�� -�-� f �<<���,.� -�►�-- �� __
i ,
1 7.'_"_...___'__"'__'_'__'"_
I
. . �+_..'_.__..___.�._-_._
�
_ . . _-.-.._ _____._..�__._._.. _..__..__ .
. ____ . .__ . _ ._._. .- . _ _ .
_. ....__ _____. . ._.__ ___. _.. ___'___'__
�_--______._.__'__-_._ ..__�_'__ _.-_ ____. ..____.__._ . .. . _ _.. .. . ..
... . '
�-i_.1_..- _'_'___ _._ ___._,.._ '___ _'___.__ _.____'
, -------------�-------- ---- ---- - --____�.
�� . _ _ _- --..�
;
' ' ---•-- _._.------
--- ---__-- ._.___ ----_ ---
_ - - _. - --.- -. _ ____ _ .
._ -- -._ - -- -- --_--------- --- ------
� __ __ _. __ _--- ----__.._
i
. �
i
�� _....._.y._._'__" i
� ' �Dllh �1�-l�'lu/1T10J1.� —lU �'T�1Z�,t.l�1�-�G`� ('��?�'�l t�CI�Y
�_ � a
f ��
� ��
_._._____ ' TI i r�F �! � WN'�'T( �l�[(�1.�1�•t�Y�l�la,t�l
Wt w O c�w� R�E �"i.N��
��___.___--.--___ `�
i
_._--- - �sw�- r..t crt,c,�'- �-�2�e.�j �jh,u-s�--
�
------ � -t'3-(-z' �'Zst��f _.
���. _.___ ' S�t�'s'��tt� �-�": �-vt a,1`� i¢-�-�rc��'�ta,►.-1 I c�--��a,n.� __
�
�-�- ------ � e�C-�ZD•�-tS
__.,t
-- — �� �1D�i cJ�tL.IC,"FJ1�1't�5
� � NA���a'R-t.�-lC��vJV�.I�S � /�[�-t V tT1�
__—._._----;� �
1i �
_....- ------- �r
I ' �
' ��JeY�-I Gt�..t �ut,(�.t�TS:
--..._-...____ - � � �
;; (.y LD wt/r�t t.-t 6 i�ar�-F L�tS tJ-�D � � �°aJ�� �.
:
�� �P�� Y c.�4,��-- -�t��� _
, ; �
r`+
• `r�M!-��.c�s �,2c�J�t.��' .
.� 4� -�J�tr' �pe,�r' T�n M auY ��-1 ,�.
Tz�►�-,c-�'3� �ea�t't.- ����(2�,�2-.
.- � �'�r�c� �r�r�ev�r� i� -�v--r-�?i'
�2�n�s � Sd<<..s W�.�.c�n�I
� I �4-(�" �t►�.t�}-t J�l t�oJ� �17.E C'Fi�t- �to o�R-� l S
S��P�
�_. ____ __. ___. i tS�tt� I i 020 �-� 43� 2�-� c�a-� � 2� �a,�c�
� f �204 �Pe�+�€�: �o+� ��-�c.� : l�[�� wC� �
_—.___._-- } / �
�,I�
V�
�r � ��:�l.�P.E —Tl�" tJS� � P-�t��N� �1�(
��----_----- �
_ ; 1NA.1 lS I �BJ�.S -f0 �GE 'Ft L�- I�7Z�
--- - �
; _ _ _
. . . � . , . . ,., .. - .. . .
:.;: . .
t
. . .. . . . 1t^� . ,. , r'. .. �. . ,�. , a ';.1..�. . ' �
'
II— _ �: i . ' . ; • : . , . , . . _ .
• . �. � ,-�� ;� .`.�...�� - -� ..j�. , f . �`�_ •
.. , � ._ . . .. _.
. .. , �. _ .. ,; �,
_�.�.... . . .i.. . . . ' . : .. � . �. � .
__. _.. .. . .... .. . . . , . .. �!� +•. � l. _ . • •• � �.
• . ���.' . • e • � ♦. � ' • � ..� s � . , .1 . � • . ��Y u a , �!a ( i�� . •
, ' . I . � • .. i
._. . . .. . _ � - .� . . • .. . ' _ . . .a . • . ! , . 't. 't s . • ' . �
. . . .'r•��: , . �. . ' . .. .il� . ;�:_ _ . . . . . . ._.
�. �
. �. . » �. � . - � . . . . .
.. - t l �� . • , •.' ' . � '�.. � ' � ` ♦ �. .
, . . .. . . � - . . . �� , ' ♦ � ' � • .��i. ' 1". . . � . '
" � �i � , � •.; f � . . , ti.i{ � .
_ v . • _ . 1'. � • . .�� . � . . • . a. � �f- , ` . . - . . ..� �. .
. . �, ir :.�1:�. , � , : .. .. . . . '- ` �, . _.�1. . _ .
�
. �• 2. �. . : a . .-� . .�i .
. a . �.t .�' ` .. . . .. r .7�' ,i 1 � ' .J._;:+ .�.- _ . ,..
.. . . .-. � . . . � ,. • .
, • ..
....__._._.. ____.._._ _ , • : , . �. .� � . � .• ..y
. _ . � � . , . . . .
. .. . �. � . . . ,.
;
. ,., . . y , y . . :r� '.,. . f,•.: . .,
_ � .._. • , --
_. __ . - _. _�_ _ -
� � • �.L'N.1' .. .. . _. . _... . _ . .. ._
� , a
.� � ti ' . " . . � � . . .
� s . i.- .. �. '� ..i • .
. _
.♦ �� V� �.r ' � : .♦ '1 �.tr.-� � ` � t . . . -. ♦ � .
. . . • • •
. . . .. . .. . . � . . . . ..� . � . .__r--..__._.__.._.._ . _.'._. ___._..._._.__
. • � ._._._—.—
• . , _ � 1 • 1 .:.. . � � i. ... ., i . S` •. � ;. . .. �.. ` a�(,S
� • . . .�. -r �. .
. � .• '�" _��....____. ._.._. .. ._.__.._._.._.._.`.._.
. ' -
• . .0 ..�> � '� :. 1 ., r. r , � ,
..� i . '. . �•
�_ �__�._.._�.�__...—__. . •. ... .� s . •
._.. �. �._ : . • • . �... � i
--_ __._`_�_�.�.. . a � . � .. .. � `f • � • �. � •� �
. ._. .._....__..__.' ._.._.____.__.._.._.'__._.._"
, .. _ ... .._.___._.. ._.__'__.._...
♦ {
• � � . Ai
_�._ __.—....__..._.._._. .. �♦ Ir.�) . .
. . .. . ____ • . . . �}�t�.
�
� i
'��i�-1 0�--1�-Fe. 1 v�l-� �
`
� ����1<<:.�'�.�-� ��^���-1��:
i- �i-�-i � ��z ��-�s � �-�,-��-
.� ��
' ���1�� Wti��>:
fI �I e;��.x-�-i c,�3 � I�� �,�/.�-+i� %u�.,,-�'1 d,�c.,ec�
x��- � i� i 1 ��
'L� ��
�i?-✓�L Gvi� W��l�=�-� �.� &�S tJ�(i G U✓u'i.�-�'�
I � � �
/`l�l ��f e s Mo�,-� �e,w��-E-� � I\k�,�11 c��
�'w��i-���;�-- :
��
�-��.-�,_ 1 - �4��g �.���1;� �-- ,�.�-�- � -�
�� �
I c�.rc�,�,�� cw �-�,1�,�
�
I �
_ ,
I � __ _
_,: � . .
,
� _._ _ _
�, _ _. . _ . _._
__ r _ . _ _ _
. ��
ROBSRT A.GUZY PAMELA M.HARRIS
BERNARD E.STEFFEN CHARLES M.SEYKORA
RICHARD A.MERRILL WILLIAM M.HANSEN
DARRELL A.JENSEN DANIEL D.GANTER,JR.
JEFFREY S.JOHNSON BEVERLY K.DODGE
RUSSELL H.CROWDER Barna, Guzy & Steffen, Lt�. GREGG V.HERRICK
JON P.ERICKSON ]AMES D.HOEFT
LAWRENCE R.JOHNSON JOAN M.QUADE
DAVID A.COSSI ATTORNEYS AT LAW SCOTT M.LEPAK
THOMAS P.MALONE STEVEN L.MACKEY
MICHAEL F.HURLEY 400 Northtown Financial Plaza DAVID M.WEIGEL
VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING
HERMAN L.TALLE Minneapolis,MN 55433 WILLIAM F.HUEFNER
ROBERT C.HYNES
(612) 780-8500 FAX(612) 780-1777 193s-'993
Writer's Direct Line: (612) 783-5124
MEMORANDUM
TO: Barbara Dacy
Community Development Director
City of Fridley
Michele McPherson
Planning Assistant
City of Fridley
FROM: Virgil C. Herrick
City Attorney �
City of Fridley
SUBJECT: Filling of Wetlands
DATE: June 2 , 1994
As I indicated I was not completely satisfied with the City's
Ordinances regarding filling of wetlands. However, Minnesota
Statute 103G. 245 Subd. (1) requires any person who is filling a
public water must have a permit from the DNR. I have talked to
Carl Newquist and we both agree that the City could prosecute an
individual who fills wetlands within the City without obtaining a
ermit. It will be necessar of course to have ade uate
P Y� , q
evidence that this filling took place.
An Equal Opportunity Employer
l _
_ �
�
• ..
ME MORANDUM
TO: Michele McPherson, Planning Assistant PW94-193
FROM: Scott Erickson, Assistant Public Works Director�{,
DATE: June 10, 1994
SUBJECT: Assessments for the Following Parcels:
1. PI N 24-30-24-42-0080
2. PIN 24-30-24-42-0081
The following assessments have not been paid for the above mentioned lots:
1. PI N 24-30-24-42-0080
Street $2,821.81
Water Lateral 1,049.99
Water Service 290.23
Sewer Lateral & Service 1,018.39
2. PI N 24-30-24-42-0081
Street $2,821.81
Water Lateral 1,049.99
Water Service 290.23
Sewer Lateral & Service 1,018.39
SE:cz
�
€�a�
� Community Development Department
� PLANrTING DIVISION
City of Fridley
DATE: June 10, 1994 �
TO: William Burns, City Manager ��
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Resolution Denying a Wetland Replacement Plan, WR
#94-01, by Paul Harstad; 5470 and 5490 East Danube
Road N.E.
The Planning Commission conducted a public hearing regarding the
wetland replacement plan at its May 18, 1994 meeting. The
proposed plan would allow the filling of 2,800 square feet of
Type 4 wetland while creating 2 ,500 square feet of Type 4 wetland
on-site. The Planning Commission voted 5: 1 to recommend denial
of the wetland replacement plan based on the following findings
of fact:
1. A feasible and prudent alternative exists which avoid
impacts to the wetland.
2 . Section 205.27. 05.D. 3 to the proposed replacement ratio is
less than the 2 : 1 ratio required by Section 205. 27. 10.D.
3 . The petitioner failed to submit the information required by
statute and ordinance.
Staff recommends that the City Council concur with the Planning
Commission action. Staff recommends that the City Council
approve the attached resolution which sets forth the findings of
fact for denial of the replacement plan.
MM/dn
M-94-321
� —L
���� -�-�j���
_
� �
--� �e��
� �:�;�y����
Comments from Budqet Work Session of June 14 , 1994
1. Dennis and Nancy want to make sure we are putting cur Thursday
meeting, Tour of Townhouse Meeting, on the Municipal Channel .
2 . Nancy also wants to make sure that I circulate to the rest of
the councilmember the open meeting law material that she gave
� last night.
� t'� 3� Ann says that Bill Erickson has cars hanging out in the
street. She wants us to do something about them.
� Ann also requested information on the number of sewer backup
we've had for 641 Buffalo Street and 614 Cheryl Street. She
also wants to know the number of sewer backups for 614 Cheryl
Street since a backflow valve was placed. in that line.
5. Ann asks us to evaluate the Mounds View newsletter_ th�t just
came out. She also asks us to evaluate credit card use for
all City services.
6. Dennis was, once again, very adamant about wanting us to
pursue credit card use.
7. I explained that Jack Kirk was planning to implement credit
cards for Recreational purposes. Dennis wanted to know the
date as to when that would occur.
8. All of the councilmembers indicated that they want the liquor
profits report for January through May for the years 1992 to
1994 .
9 . They all agreed that they want to transfer $75, 000 from the
Liquor Fund to the General Fund for next year. $25, 000 of
that would be to cover the grant program for service
organizations.
,�� � 10. Dennis and Nancy indicated that there were no inspections on
;'�� � their recent home remodeling projects. In Dennis's case, I
_,u believe he did a basement remodeling. In Nancy's case, she
put in a new furnace. They would like to know what our policy
is on providing final inspections for home improvement
projects.
11. Steve Billings requested that we bring a copy of the bikeway
map to the Old Central Bikeway hearing on June 20. He also
suggested that it might be good to have some Park and
Recreation Commissioners present at the hearing.
12 . Dennis wants to investigate the possibility of using bonuses
� to encourage employees to meet departmental goals and
objectives. He wanted to know the legality of offering such
bonuses.
13 . � Nancy suggests that we establish various citizen task forces
� to evaluate our City efforts in various areas, such as
housing, customer service, budgeting, community development.
�r-���,
� 14 . � Ann wants to find new ways to involve our citizens. She uses
as an example Mounds View 2000 Program and the New Brighton
Town Meeting programs. Ann also feels that we need to tie in �
the neighborhood block captains. Al1 the councilmembers sense
that our neighborhood watch programs are fairly loosely � �
organized. The program could use some strengthening. �
15. They all seem to want our department managers to begin sharing
customer survey results with them. .
16. Ann asked whether or not we used something called the
terminator to clean graffiti from public .structures. She said �
that she had talked to Mike Monahan, .Minneapblis Public Wor7cs, �
� . .. . and he indicated that this. product was: extremely good �o help ` : �
clean up Minneapolis. Ann explained that there is graffiti
� on a trestle near her home.
17. Dennis asked whether or not our GIS people talk to people in
other jurisdictions that have GIS. He would like. to know if
we try to find out what other cities are doing with GIS.
18. They all wanted to know whether or not we are sending TCAAP
water directly to our citizens or whether we are mixing it
with our other water.
19. They raised the following questions about the Paul Harstad
infill project:
�� � Has our staff talked to BWSR regarding Paul Harstad
�� issue? Does he really have it wired?
b. Has Barb found the aerial showing wetlands that existed
in the year 1990?
c. Have we talked to Virgil Herrick about our legal options?
✓d. Who will be notified by BWSR when it comes to appeal?
✓. What is the time line on this variance?
f. Is there a way to keep it open beyond July 7? ;1�
.r
�. Has the neighborhood been advised that the item will
appear at the end of a very long June 20 agenda? ��3
h. Dennis feels that we also need an aerial of the area from
1970 or approximately thereabouts.
.i---;
�� 20. ' Mayor Nee requested the we stop using the name of Truth in
/ Sale of Housing and that we adopt some other language to
describe potential legislation in this area.
21. There was a general interest in acquiring the Bacon property.
There is also a concern about an environmental impact.
Councilmembers asked what impact the new no-fault law will
have on our environmental liability should we acquire the
Bacon property. Steve also asked us to get a copy of the
listing or any written information on the pricing of the Bacon
property. The Mayor suggested the we talk to the Minnetonka
City Attorney about the new no-fault environmental law.
��
22.� Ann says that the neighbors that live around 614 Cheryl Street
have tied a tarp on a tree and are saying that height of the
tarp is where the foundation will be for new housing. She
would like us to verify that. Ann also says that she wants
to know whether or not a history of sewer and storm drainage
problems can be used as a reason for denying a spec�al use
permit. - -
�� ���
� 23 . � Also, Ann is concerned about the Gordon Hedlund takin an
9
�� easement on Buffalo Street. She feels that his surveyor did
not take County markers into consideration. She wants to know
whether the easements that he is taking are within the law.
� 24. They indicated that they would like the third budget session
to occur on July 27 at 7:00 p.m.
�.-
ROBERT A.GUZY i � PAMELA M.HARRIS
BERNARD E.S7 EFFEN � CHARLES M.SEYKORA
R�iCHARD A.MERR[LL I WILL[AM M.HANSEN
DARRELL A.JENSEN DANIEL D.GANTER,JR.
JEFFREY S.JOHNSON ' BEVERLY K.DODGE
RUSSELL H.CROWDER CRAIG M.AYERS
JON P.ERICKSON Barna, Guzy & Steffen, Ltd. GREGG V.HERRICK
LAWRENCE R.JOHNSON JAMES D.HOEFT
DAVID A.COSSI ATTORNEYS AT LAW ]OAN M.QUADE
THOMAS B MALONE SCOTT M.LEPAK
MICHAHL E HURLEY 9��NOT't11tOWT1 Firi3T1Cla1 P12Z2 STEVEN L.MACKEY
VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING
HERMAN L.TALLE Minneapolis,MN 55433-5489 WILLIAM E HUEFNER
ROBERT C.HYNES
(612) 780-8500 FAX(612) 780-1777 '93s-i993
Writer's Direct Line: (612) 783-5124
MEMORANDUM
TO: Barbara Dacy
Community Development Director
City of Fridley
Michele McPherson
Planning Assistant
City of Fridley
r
FROM: Virgil C. Herrick �
City Attorney '�����
City of Fridley
SUBJECT: Wetland Replacement Plan and Variance
for 5470 and 5490 East Danube Road Northeast
DATE: June 16, 1994
This Memorandum is in response to an oral discussion that we had
on June 16, 1994 .
At that time you asked me for my opinion as to whether a denial
of a proposed wetland replacement plan and a variance on the
above properties could be sustained. I am of the opinion that
these actions could be sustained for the reasons stated in the
resolution appearing at Page 13 . 1 of the Council Agenda of June
20 . 1994 .
More specifically, I believe that the denial could be sustained
because of: 1) the project impacts have not been minimized; 2)
the replacement plan does not meet the statutory required
replacement ratio; and 3) the applicant has failed to submit all
of the information required in the State Statute and City
Ordinance.
I also believe that a denial of the variance request could be
sustained because: 1) the need for a variance, and the extent of
the variance, cannot be determined until the applicant has
submitted a complete application for a wetland replacement plan;
An Equal Opportunity Employer
Barbara Dacy/Michele McPherson
June 16, 1994
Page Two
and 2) it is not possible to determine at this time whether a
reasonable use can be made of the applicant's property without a
variance until such time as the determination on the wetlands
replacement plan has been finalized.
You als� asked me about the procedure to be followed if facts
indicate that the applicant has improperly filled wetlands on the
above properties. The City could proceed with actions either
civil or criminal under Minnesota Statutes (probably Chapter
103G) for violations under the Watershed District's Statutes
and/or Rules of the Rice Creek Watershed District or under City
Ordinances, if applicable. I do not know what evidence, if any,
exists to establish improper filling. If after further
investigation any evidence is discovered, it will be necessary to
evaluate that evidence and to determine whether the activities
constitute a violation of the State Statutes, the Watershed
District's Rules and Regulations or the City Ordinance. I do not
have sufficient information at this time to come to any
conclusion as to whether there was or was not a violation.
,BERT A.GUZY \ PAMELA M.HARRIS
ERNARD E.STEFFEN CHARLES M.SEYKORA
RICHARD A.MERRILL ' WILLIAM M.HANSEN
DARRBLL A.JENSEN I � � � ; DANIEL D.GANTBR,JR.
JEFEREY S.JOHNSON � BEVERLY K.DODGE
RUSSELL H.CROWDER GREGG V.HERRICK
JON P.ERICKSON Barna, Guzy & Steffen, Ltd. ]AMES D.HOEFT
LAWRENCE R.JOHNSON JOAN M.QUADE
DAVID A.COSSI ATTORNEYS AT LAW SCOTT M.LEPAK
THOMAS P.MALONE STEVEN L.MACKEY
MICHAEL F.HURLEY 400 Northtown Financial Plaza DAVID M.WEIGEL
VIRGIL C.HERRICK 200 Coon Rapids Boulevard ELIZABETH A.SCHADING
HERMAN L.TALLE Minneapolis,MN 55433 WILLIAM F.HUEFNER
ROBERT C.HYNES
(612) 780-8500 FAX(612)780-1777 '93s-'993
Writer's Direct Line: (612) 783-5124
MEMORANDUM
TO: Barbara Dacy
Community Development Director
City of Fridley
Michele McPherson
Planning Assistant
City of Fridley
FROM: Virgil C. Herrick � '
City Attorney
City of Fridley
SUBJECT: Paul Harstad/North Danube Lots/Special Assessments
DATE: June 15, 1994
This Memorandum is in response to your inquiry as to the
authority of the City of Fridley to make special assessments
against property that was initially determined to be unbuildable
and, therefore, not assessed at the time the improvements were
installed.
Minnesota Statute 429. 051 provides in part as follows:
"The municipality may subsequently reimburse
itself for all or any porzion of the cost of
a water, storm sewer or sanitary sewer
improvement so paid by levying additional
assessments upon any properties abutting on
but not previously assessed for the
improvement, on notice and hearing as
provided for the assessments initially made. "
The Minnesota Attorney General has issued two Opinions regarding
this Statute. They are summarized as follows:
"A municipality may subsequently reimburse
itself by assessment against benefited
An Equal Opportunity Employer
�
Barb Dacy/Michele McPherson
June 15, 1994
Page Two
properties not previously included in
assessment for improvement. " Op. Atty. Gen. ,
387f-1, August 12 , 1965.
"This section authorizes assessments of
parcels of land at the time when the parcel
makes use of the facility thereby reimbursing
municipality for expenditure made at the time
of the improvement. " Op. Atty. Gen. , 408C,
October 1, 1956.
This Statute and the Attorney General's Opinions interpreting it
� WOl1�Q SE@Ili t0 aii�i7�t iZ2 �1i2 Ci�Y �CJ �2VY 3 Si'.n..liAt�.al assessrterx't 0:1
these lots by giving proper notice and hearing as required by
initial special assessment procedure.
If you have any questions regarding the above Memorandum, please
contact me.
�
STAFF REPORT
� Community Development Department
Appeals Commission Date
Planning Commission Date � May 18, 1994
City Council Date : June 20, 1994
APPLICATION NUMBER:
WR #94-01
PETITIONER•
Paul Harstad for Keith Harstad, owner
LOCATION•
5470 and 5490 East Danube Road N.E.
REOUEST•
The petitioner requests that a wetland replacement plan be
approved to allow the filling of 2 , 800 square feet of Type 4
wetland. The replacement plan proposes to create 2 , 500 square
feet of Type 4 wetland on site.
The petitioner has also applied for a variance to reduce the
front yard setbacks on both parcels to reduce the impact to the
wetland. The Appeals Commission will review the variance request
at its May 24 , 1994 meeting.
BACRGROUND•
The history regarding the wetland on the subject parcel is
lengthy:
* February 23 , 1973 ; letter from James London to Nasim Qureshi
confirming that the subject parcel would be exempt from
water main, sanitary sewer and street assessments.
* June 13 , 1977 ; the DNR declares that the wetlands located in
Innsbruck North 2nd Addition fall under its jurisdiction.
* September 7 , 1977 ; Keith Harstad requests a meeting in order
to resolve the issues regarding the DNR jurisdiction.
* September 19 , 1977 ; the DNR clarifies its position regarding
its authority over the lots in question. The City is to
inform any builder that it is their responsibility to obtain
all necessary permits.
� J
Paul Harstad
WR #94-01
Page 2
* November 14, 1977 ; area residents attempt to obtain support
from the Commissioner of Natural Resources to reconsider the
DNR's position.
* December 16, 1977 ; letter from the DNR stating that Mr.
Harstad has not made permit application.
* January 9, 1978 ; discussion at the City Council meeting
determined that the City Council would notify the DNR
regarding building permit applications on lots affected by
DNR protected wetlands.
* July 18, 1978 ; discussion at the Environmental Commission
regarding a moratorium on the filling of the lots in
Innsbruck and the forming of a study group on water quality.
* August 1, 1978 ; staff notified "owner" to cease illegal
dumping on the subject parcel.
* August 7, 1978; discussion at the City Council regarding the
Commission's action. The City Council directed staff to
stop any illegal dumping which was occurring, and to work up
costs to acquire the vacant property in the area. Estimated
cost to benefitting owners was $4,445. 00 (total cost of
40, 000 for both lots) .
* The City issued a land alteration permit to Hearthstone
Homes in 1986 to fill the property from the lot line to the
drainage easement. Filling did not occur to the extent the
permit allowed. The permit expired on December 31, 1986.
No subsequent permits have been issued.
* The 1977 aerial photo showed that an extensive Type 3 or 4
wetland was located on the property.
* The 1981 aerial showed that filling had occurred on a small
portion of the wetland on Lot 5.
* The 1985 aerial showed that no further filling had occurred.
* In 1993, staff inet with the petitioner on site as a result
from a neighborhood complaint regarding possible illegal
filling. The petitioner was informed that he would need to
comply with the 1991 Wetland Conservation Act prior to the
issuance of a building permit.
13.3
Paul Harstad
WR #94-01
Page 3
ANALYSIB•
Request
The petitioner is proposing to construct single family dwellings
on both Lot 5 (5490 East Danube) and Lot 6 (5470 East Danube, the
subject parcel) . The lots were platted in 1976. Both lots are
vacant and are zoned R-1, Single Family Dwelling. The lots meet
the minimum lot area requirements.
Located on Lot 6 is a Type 4 wetland. Wetlands of this type are
characterized by open water with a depth of 2 to 3 feet.
Vegetation associated with the wetland includes cottonwood, black
willow, dogwood, reed canary grass, and pinkweed. This wetland
is part of the overall drainage system in the neighborhood.
Neighborhood Drainaqe
The wetland on the subject parcel receives storm water from a
portion of the subwatershed defined by Matterhorn Drive on the
west, Gardena Avenue on the north, and I-694 on the south (see
enclosed map entitled "sub watershed") . Water from west of West
Danube Road enters the west side of the wetland north of the
subject parcels. It is then discharged on the east side of the
wetland through a pipe under East Danube Road and flows into Farr
Lake. Water from north of North Innsbruck Drive and from
Innsbruck Townhomes to the east also flows into Farr Lake.
Wetland Replacement Plan
Wetland Delineation
The petitioner has submitted a grading plan showing the extent of
the wetland. A narrative description was also submitted as part
of the delineation. However, a number of items are missing which
are required to be submitted as part of the delineation:
1. Wetland location with a public land survey coordinate of the
wetland center.
2. The overall size of the wetland, including that portion not
on the subject parcel.
3 . The wetland type as defined by USFW Circular 39 and National
Wetland Inventory mapping conventions.
4 . A soils map or soils information provided by soil borings.
5. The size of the watershed draining into the wetland area.
13.4
Paul Harstad
WR #94-01
Page 4
6. Location of inlets and outlets.
7 . A map or written description of the land use within one mile
of the watershed.
8 . Evidence of ownership.
Staff inet with Kate Drewry, Rice Creek Watershed Administrator on
site May 10, 1994 . She supplied staff with the original
delineation submitted by the petitioner in April 1993 . The
current delineation does not extend the wetland boundary to the
same limits as the 1993 delineation. An additional site visit by
the City's consultant, on May 11, 1994, confirmed the current
delineation as accurate, however, the change in delineations
should be explained by the petitioner. Further evidence
supporting the current delineation as identified above should be
provided by the petitioner.
Sequencinq
The petitioner has provided three alternatives to avoid impact to
the wetland:
1. Choose not to build on Lot 6.
2 . Construct a home on pilings on Lot 6.
3 . Build a smaller home on Lot 6.
The petitioner dismisses Alternative #1 using the takings
argument. This is based on the reason that the lot was platted
as a "buildable" lot; and by the City's plat approval, permission
was granted to build on the lot. The petitioner has also
indicated that exemption 24 from the State Statute applies in
this case. Exemption 24 states:
Development projects and ditch improvement projects in the
state that have received preliminary or final plat approval,
or infrastructure that has been installed, or having local
site plan approval, conditional use permits, or similar
official approval by a governing body or government agency,
within the dates of July 1, 1986 and January 1, 1992 are
exempt.
i�`l 1
While the City approved the plat in �9�-8, no work occurred on the
subject parcel within the time frame specified, with the
exception of the land alteration permit issued May 1986. The
land alteration permit was not fully executed by the applicant
I
13.5
Paul Harstad
WR #94-01
Page 5
and expired December 31, 1986. No further permits were applied
for or issued for the subject parcel. While utilities were
stubbed to the parcel at the time of platting, staff is reluctant
to broaden the interpretation of the exemption outside of the
years stated in the statutes. The Board of Water and Soil
resources has the regulatory authority to make that
interpretation. The O-4 District adopts by reference all parts
of the Wetland Conservation Act and its Administrative Rules.
The petitioner does not provide expert testimony from a
registered structural engineer to support the statements
dismissing Alternative #2 . Information from such a professional
should be submitted as part of the plan.
The petitioner has argued in Alternative #3 that a house small
enough to avoid all impacts at the required setback would need to
be 15 x 45 feet. The petitioner is correct in stating that this
size house would not meet the minimum dwelling size of 1, 020
square feet. However, if a front yard variance were granted from
35 feet to 20 feet, a house pad of 30 x 50 feet could be
constructed. This would allow a dwelling unit of 1, 020 square
feet and a garage of 576 square feet. A second story could be
placed on the house, bringing the total amount of livable square
feet to approximately 2,500. This is close to the size dwelling
being proposed by the petitioner and is similar to other homes in
the neighborhood. In addition, this alternative would eliminate
the need for most wetland impacts. The petitioner could possibly
qualify for the exemption allowing the filling of up to 400
square feet per year.
The petitioner also did not explore the use of retaining walls to
reduce the amount of fill needed around the dwelling unit.
Replacement Ratio
The petitioner has proposed to mitigate the wetland impact on
site using both Lot 5 and Lot 6. However, the rate of
replacement is at or below 1: 1. If no setback variances are
granted, the ratio is less than 1: 1.
As with the wetland delineation, information required by the O-4
regulations is missing from the replacement plan:
1. Wetland location.
2 . Size of wetland.
3 . Items 1-8 listed under the delineation section above.
13.6
Paul Harstad
WR #94-01
Page 6
4. A description of the size and type of wetland that will be
created as a result of the replacement plan.
5. Plan and profile views of the replacement wetland with fixed
photo reference points for monitoring.
6. Type of construction methods to be used, including the best
managements practices to protect water quality.
7 . Soils information required to determine the capability of
the site to support wetland creation.
8 . Timetable of how and when implementation will occur and be
completed.
9. The Board of Water and Soil Resources notice to be recorded
against the property.
10. A signed statement regarding the wetland's previous
restoration and/or creation, the relationship of exemptions
to the created wetland, and that the wetland will not be
created with public funds.
11. A detailed monitoring plan, including proposed dates and
activities to occur on those dates.
As discussed earlier, a question remains as to whether the
delineation is accurate. If the delineation is not accurate, the
replacement plan would not be applicable.
The petitioner has stated that the l: l ratio is acceptable
because application for wetland impact was made to the Watershed
District under the Interim Program. In addition, the Watershed
District would have required the approval and permit issuance to
occur prior to the start of the Permanent Program on January l,
1994 . The petitioner, therefore, is required to comply with the
Permanent Program and the O-4 regulations. The City cannot
approve a replacement plan with a ratio of less than 2 : 1.
RECOMMENDATION/STIPULATION3:
Staff recommends that the Planning Commission recommend denial of
the replacement plan as proposed based on the following findings
of fact:
1. Feasible and prudent alternatives exist which avoid impacts
to the wetlands (Section 205.27. 05.D. (3) ) .
13.7 �
,
Paul Harstad
WR #94-01 •
Page 7
� 2 . The proposed replacement ratio is less than the 2: 1 ratio
required by Section 205.27. 10.D.
PLANNING COMMISSION ACTION
The Planning Commission voted 5: 1 to recommend that the City
Council deny the replacement plan. The Commission also voted to
add a third finding:
3 . The petitioner failed to submit the information required by
statute and ordinance.
The Commission also directed staff to investigate the illegal
dumping which allegedly occurred in 1992 and determine what legal
action could be taken.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
13.8
�
�
WETLAND REPLACEMENT PLAN
April 14, 1994
I. Background
Applicant's Name: Harstad Companies
Address: 2191 Silver Lake Road
New Brighton, MN 55112
Contact Person: Paul W. Harstad
Rice Creek Watershed file #: 93-61
Harstad Companies proposes to construct two single family lots located in the City of
Fridley on East Danube Road (see Exhibit 1, Location Map). The lots are officially
platted at the Anoka County Recorder's office as Lots 5 and 6, Block 2, Innsbruck North
• 2nd Addition.
E.G. Rud and Sons, Inc. performed a wetland delineation and subsequent wetland
narrative of the site on April 20, 1993 (see Exhibit 2: Grading Plan, and Exhibit 3:
Wetland Narrative). The wetland basin provides storm water retention ponding for the
neighborhood, with a storm sewer inlet at the North of the basin and a storm sewer
outlet at the East of the basin. The storm sewer outlet runs directly befinreen Lots 5 and
6. The land use of the surrounding area is residential.
There is a 40 foot wide drainage easement along the back of Lot 5 and a 20 foot
drainage easement along the back of Lot 6. Nearly all of the drainage easement area
is designated wetland. Lot 5 is currently a buildable lot, with soil conditions suitable for
home construction. The wetland edge extends into the buildable area of Lot 6. A
portion of the wetland would have to be filled in order to construct a single family home
on this lot. (Please see Exhibit 2: Grading Plan.)
II. Impact
Proposed Direct Impact
Approximately 2,800 square feet of wetland would need to be filled in order to comply
with the City of Fridley's front setback requirement. Harstad Companies proposes
� instead to request a variance for a front setback requirement from 35 feet to 30 feet or
less. A setback of 30 feet would reduce the fill area to approximately 2,500 square
feet.
13.9
• indirect Impacts
Permanent indirect impacts are not expected to cause degradation of current wetland
values. The conversion of old field will diminish the amount of upland habitat to wildlife
on the site. However plant and animal life diversity are not likely to change within the
wetland basin. Drainage patterns on the site will not change.
III. Alternatives Analysis
The following is a list of alternatives to the proposed wetland replacement plan and a
discussion of why each alternative is not feasible.
1) Choose not to build on Lot 6.
This alternative would adversely impact the economic value of the property. The
applicant's proposal to build two single family homes meets all City zoning and building
ordinances (with the exception of the proposed front setback variance which would
reduce the impact on the wetland basin). The proposed construction is in full
compliance with the plat of record in the Anoka County Recorder's office. Revocation
of this right to use the land as previously approved would be considered a "taking" by
the applicant, and is contrary to private property laws of the U.S. federal government.
• 2) Construct a home on Lot 6 using pilings.
This proposal would impose undue and unreasonab�e economic burden on the
applicant, and would have the same effect as the "no-build" alternative. Pilings would
have to be constructed for the entire foundation of the house, not just the portion
located in the wetlands, and would cost in excess of$25,000. Piling construction is
not in accordance with accepted engineering standards and practices for a building of
this size and type. Furthermore piling construction would substantially disturb soils and
vegetation and would require the filling of wetlands for the mobilization of equipment.
3) Build a smaller house on Lot 6.
A house small enough to avoid wetland impact entirely would be less than fifteen
feet in depth and less than fort-five feet in width. This small of a house would not be
marketable and would not comply with City ordinances regulating square footage. The
proposed house plan has already been modified to reduce wetland impact, and is
already smaller than other houses in the neighborhood.
Avoidance and Minimization
Avoidance
Wetland impacts cannot be avoided due to the shape of the wetland basin. The
applicant intends to avoid impact to the wetland on Lot 5, but cannot avoid direct
• impact on Lot 6.
Page 2
13. 10
�
Minimization
The following steps have been or will be taken by the applicant to minimize
direct and indirect impact to the wetland basin.
1) Reduce the square footage (and foundation size) of the proposed home on
Lot 6. The home does not include a full basement, preventing the house pad
from further encroachment into the wetland.
2) Alter the size and shape of the house pad on Lot 5 to provide for contiguous
mitigation area in the back yard.
3) The applicant has also withheld the sale of Lot 5 to prospective homebuyers so
that a portion of Lot 5 can be used as mitigation area for the proposed fill area of
Lot 6.
4) Request a variance from the City of Fridley changing the front setback for Lot 6
from 35 feet to 30 feet or less.
5) Request a variance from the City of Fridley changing the (North) side setback
from 10 feet to 5 feet or less.
6) Compliance with the Sediment and Erosion Control Plan as shown on the
Grading Plan.
+ IV. Wetland Replacement and Mitigation
Harstad Companies proposes to create 2,500 square feet of comparable wetland
on site (see Exhibit 5: Replacement Plan). Sideslopes will be graded to a 10:1 stope,
lined with organic soils and seeded with native seed mixes to promote use by local
wildlife (see Exhibit 4: Wet Meadow Seed Mixture). The general shape of the
mitigation ponds will be designed to conform to local topography in order to create
natural looking basins.
This replacement plan will replace current wetland acreage for the wetland
acreage impacted by a 1:1 ratio. This ratio is not in compliance with the permanent
rules of the Wetland Conservation Act of 1991. The applicant considers the proposed
plan and replacement ratio sufficient for this particular site for the following reasons:
1) The proposed construction is in full compliance with all other laws governing
land use at all levels of government, including the plat of record at the Anoka
County Recorder's office.
2) The replacement plan replaces unavoidable impacts to the wetland by restoring
or creating substitute wetland area with equal or greater value.
3) The applicant agrees to monitor the site as described in the following section.
4) The original application for this project was made in 1993 prior to the permanent
� rules taking effect.
Page 3
13.11
•
V. Monitoring Plan
The monitoring plan will include:
1) A description of the project location, size, current wetland type, and desired
wetland type.
2) A comparison of the as-built specifications versus the design specifications and
a rationale for significant changes.
3) Hydrology measurements such as seasonal water level elevations during the
period April through October.
4) A list of the dominant vegetation in the wetland including common names of the
vegetation exceeding 20 percent coverage and an estimate of coverage.
5) Color photographs of the project area taken any time during the period June
through August, referenced to the fixed photo-reference points identified on the
grading plan.
�
�
Page 4
13.12
EXHIBIT 1
LOCATION MAP
�
� � ��� � TM V � . U &O D I
��,,.. s.ru. �'-� � ° � � .
��- APLE ST MAPLE ST.�. '�*�� ¢ 1 � ., �
f o- . .:c" p�..
Ati R DR <n .- pIL �`���1� �
,,,,.,� �v Av �, �8 i 3 J3 S�_ _ '
� i a,w �vE n 4 E . � f�.6P*„; �
4 � N ";� ��r0�t
�� ` �
wtt��eur wr �� 7° '
�[ =��� . ....
ti e .- ��,.,i(� �E W�_sH awoo q
' � ���V�tiM[V 2'� .�� � Y
� • y N.E.J J� �•S�n[ �+ � <�e..
•t 81 T y i Lt\:.i y J � I
Y '°°° C Z �r� . o> \7:i :'' `3'� �
� u f : ` � E,N � =� o a` < }�p� �,� i <�o.�: '�r.�x c
iHAV N � �
Y � l��c.• Y �! � � �
� � N � � : 2 �� p.�i '.� ¢ I
Z ' �n�< a Z L
:Y i9rH Vu o � < �_° .v[x ��AKE� �� ,.,.om �
O > u �[v
E.N < wm. iN Z AV N. u � �m ,•"•,crf SVRI\C �L.aKE �n �°'_,
¢ O �' V �•�y.... .. � 1 p NT .
:ar,. 'B ��.sw __' = o .
. � '-' J C L �.. ¢ � O
�O � i : < � •• �{ ' S
2 �6TM � n �NOCC�art W� g I�TN 1VE i � �:w�: !
� O
� _��E � 76 N p .o � i S i 7t
�«�� �� "�� �H . vt ■c BRO ON DR
_ M F 0� M[ _ ,1 Wl Y :o i>Z . W e�
u M [u� W h�i u�. r��[a�o[i: o• ' N Y > �.+ 1
_ � �i .�i o ` •�• 7 i p,ae...n• ..Ow ND�G�S 4< < u <
0 3 . C � �ri� �
` o', Z 7 RD'� AY viV W.- Q� •�E = 7 C0 �
u •D�VE i' �F i�. � <� � ' s
_ j I � r.n J � 2 f
��.c � m Z m� .NOOD�LE DR �`
s I������ J
•S. � � �
� RVE _ - y/ tw0 �Z
3 ]iSi��E NE "% - Y �%1 .
�
� j j '� � ? VI> ' �ooeC�atT � ' V1
Creek Reet c f+ 'a);..,,.,,.,. m
• Rice t . P COUNTY ROAD , � �
���,' 69'w E i r��� a ��OQBI � 9TN ♦V M.E. f.M�` STMAN D
. P,INOORA � � M r^� v� - j4 h�� �
fr - ' VERT Nf �9 p.� \\ �,.• — ':��r��r �•.2 �•�- . �
Y, E�� �( 'iASTON N .��j ua•p` . �:T781I�m ^• ,<Irry�U
.` <� �y� l IY ���68TM�V� �"�rsa <'� u.� wn�N�:� Cr�' ..r�
� �� ` ♦
� i ' �R = 'z �f'.,.,� .�.
�4`I • � ~+N�, W Mi <� �vI 6tN A N E s :r���G • �SSM
TM � �� 66 TH �4 U �
Z W ; �! � ��)^��n�� �
� � _ �i cnu r�n u < < � �� fi
. � KM 1 M�MS W b
- °.'� MISSiS51P y o Y • ,
� w�r� i55 SIP t�i,.n,,. W � m t,; <a �� W �4{ � <'�i'E ..
. W O N W i 3 V TMAV N. �+�i I`'L Z � , I
� W Z:^Z Y �J 2 � � j N tL^ MO
Z �• Y i Z -, W c..e�o� ` :�.: o, ^ �
'<y.. •� 63aD�VE.� , � � m a E CR EKaRD.� ';RiCE � CREEK _ I
�.�y°� W y O � O <. �� {i., :..i`� _ �!`,F �',
Q , .Z� �: �.� • c ,' Di.���n J��.�i I
i AV� �E` N o� � }fOORE �O '`•• E:�j:���`.,� v..'T".. � �
'f� N W ~: p' ��`�V�N � �xQ�� � �rn��w
N E ' m . : �mn...
<W L.�h�E � �6rH ST !�w
^ti- F ;-�� �,4, ��� ��K � Z ,
o � 5 ~� oa s4�{;E
GARGEH m z t ': :
' � � ...we ' / c ! .� �•iSTH
] " i TM " � �~ � ' �'^ ��`i
� 5 � _ • • : �_-.i �.rnn...
!
.. - :�:,. � �-°i ; '.,�,dr�s W: D
' : ; S ..c M .. b �'�� ; { �"'�
iTw AV .N o�� rN0 DR' Y ?.�� ' • C:n��
�7 N �noc[M�.[� c... ¢� f o �� ���` _ ;y �.., c.*.
,.. a, _ � �.o. ,� ;e'+..,,,�,K...
uttraKr[o� � �i iit d �'.=iI.VF �: �smsr«. •.+..,
� � ��,:,t`'i. ,�....i =; o.:°".
•.�wsro �,..
o,p 2� �e S � � _ . ,
E5� H <• _
s Z fyR '_ s.w ' �slic.ti[ R.or.�� �n. I��.—
.i-..r�r�.«�+ ' _
T
�
13.13
-
WETLAND CONSERVATION ACT
E B Monitor and .Fridle Focics News 1Votices
Q V
for Project Decision
Local Government Unit: City of Fridley
Date: June 24, 1994
LGU Official: Michele McPherson
Telephone: (612) 571-3450
Address: 6431 University Avenue N.E.
City: Fridley
State: MN
ZIP Code: . . 55432 . -
PROJECT DESCRIPTION
App�icant Name: . Paul Harstad; Wetland Replacement Plan, WR #94-01 �
Project Location: T 30 R 24 Sec 24 SE 1/4 NW 1/4 SE 1/4
County: Anoka
� Watershed Name: Rice Creek
Decision on Application: Denied
Cornments: Denied based on: 1) feasible and prudent alternatives exist; 2) replacement
ratio had not been met; and 3) the applicant did not submit a complete
application.
A record of the decision can be viewed at the LGU office listed above. Persons interested in receiving
a mailed notice of each project within the jurisdiction of the above-mentioned LGU can be put on a
mailing list by contacting the LGU at the address listed above.
Publish: Focus News EQB Monitor
July 5, 1994 July 11, 1994
W�� c. �. � � o�
� VI� �,� l�r�� �r��� . l r.�,�ilrC �
� �� � '
� �.��d�
ssTs Nv� v��a�
f�y, � 55432
q'
RESOLUTION NO. 51 - 1994
RESOLUTION DENYING A WETLAND REPLACEMENT PLAN,
WR #94-01, FOR PAUL HARSTAD, GENERALLY LOCATED
AT 5470 AND 5490 EAST DANUBE ROAD N.E.
WHEREAS, a wetland exists according to the 1989 Federal Manual; and
WHEREAS, the wetland is not a DNR protected wetland; and
WHEREAS, the proposed project does not fall under one or more
Exemptions; and
WHEREAS, the project is not wetland-dependent; and
WHEREAS, all impact avoidance options have been determined to be
reasonable; and
WHEREAS, the project impacts have not been minimized; and
WHEREAS, the replacement plan does not meet the 2 : 1 replacement
ratio required by City Code Section 205.27. 10.D; and
WHEREAS, the applicant did not submit a complete application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby deny the Wetland Replacement Plan, WR #94-01, by
Paul Harstad.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF JUNE, 1994 .
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
''f���ts 9,` `pt`ta:� ,� "►•'.`: 1fY4l�t'�i
�LAi�IC�f�.. `.`f J aS sK.l�.�i ?�',,,�} L�+�C.
� �
�i.�''t:�� ..l�`';.k.�',� .�A-�.ta,Tt�`
f
Paul Harstad Thomas Fisher Roger Hertel
2191 Silver Lake Road 5477 East Danube Road N.E. 5501 West Danube Road N.E.,
New Brighton, MN 55112 Fridley, MN 55421 Fridley, MN 55421
James Jensen Boyd Henderdorf Allen Messerli
1410 West Danube Road N.E. 5467 East Danube Road N.E. 5505 West Danube Road N.E.
Fridley, NIN 55421 Fridley, MN 55421 Fridley, MN 55421
Stanley Cihak Leroy Corgard Joyce Christie Nault
1408 West Danube Road N.E. 5495 West Danube Road N.E. 5535 West Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Alexander Gonsalves Roger Harmon Virgil Lindstrom
1406 West Danube Road N.E. 5498 West Danube Road N.E. 5555 W. Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55432
Thomas Forsberg Jeanine Olds Robert Peifer
1404 W. Danube Road N.E. 5648 W. Danube Road N.E. 5575 W. Danube Road N.E.
Fridley, MN 55421 Fridley, NIN 55421 Fridley, MN 55421
David Olsen/Margaret Hume Mary Adams Donald 7ohnson
5457 E. Danube Road N.E. 5588 W. Danube Road N.E. 5595 W. Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Richard Sworsky Susan Williams Edward Smith
1411 W. Danube Road N.E. 5568 W. Danube Road N.E. 5584 E. Danube Road N.E.
Fridley, NIN 55421 Fridley, MN 55421 Fridley, NIN 55421
Amir Mangalick/Shankutal Dennis Lemke Christopher Menon
Devendra 5548 W. Danube Road N.E. 5564 E. Danube Road N.E.
1415 W. Danube Road N.E. Fridley, MN 55421 Fridley, NIN 55421
Fridley, MN 55421
Michael Holly Conrad Hummel David Schulte
1417 W. Danube Road N.E. 5538 West Danube Road N.E. 5554 E. Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
E. W. Furstenberg Bryan Steppe Glenn Furnier
5516 Regis Drive N.E. 5528 W. Danube Road N.E. 5544 E. Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Walter Ballard III Steve Mackenthun Keith Harstad
5497 E. Danube Road N.E. 5502 W. Danube Road N.E. 2191 Silver Lake Road
Fridley, NIN 55421 Fridley, MN 55421 New Brighton, MN 55112
Patricia Freeburg Jerome Junquist Roman Zawnirowycz
5557 E. Danube Road N.E. 5547 E. Danube Road N.E. 5527 E. Danube Road N.E.
Fridley, MN 55421 Fridley, NIN 55421 Fridley, NIN 55421
Edward Otremba Richard Erickson/S.K. Mayer Michel Kittenski
5567 E. Danube Road N.E. 5525 Matterhorn Drive N.E. 5511 Matterhorn Drive N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, NIN 55421
i4
Robert & Laurie Peifer
5575 W. Danube Road N.E.
Fridley, MN 55432
WETLAND CONSERVATION ACT
E�B 1V�onitor and Fridle� Focus News Notices
for Project Decision
Local Government Unit: City of Fridley
Date: June 24, 1994
LGU Official: Michele McPherson
Telephone: (612) 571-3450
Address: 6431 University Avenue N.E.
City: Fridley
State: MN
ZIP Code: 55432
PROJECT DESCRIPTION
Applicant Name: Paul Harstad; Wetland Replacement Plan, WR #94-01
� Project Location: T 30 R 24 Sec 24 SE 1/4 NW 1/4 SE 1/4
County: Anoka
Watershed Name: Rice Creek
Decision on Application: Denied
Comments: Denied based on: 1) feasible and prudent alternatives exist; 2) replacement
ratio had not been met; and 3) the applicant did not submit a complete
application.
A record of the decision can be viewed at the LGU office listed above. Persons interested in receiving
a mailed notice of each project within the jurisdiction of the above-mentioned LGU can be put on a
mailing list by contacting the LGU at the address listed above.
Publish: Focus News EQB Monitor
July 5, 1994 July 11, 1994
i
Harstad Companies
July 15, 1994
Mr. Jim Haertel, Board Conservationist
Board of Water and Soil Resources
155 Sout Wabasha Street, Suite 104
St. Paul, NiN 55107
Re: Appeal of Decision by City of Fridley
Lot 6, Block 2, Innsbruck North Second Addition (Anoka County)
Dear Mr. Haertel and BOWSR:
n
O June 20, 1994 the City of Fridley officially denied a request by Harstad Companies to
replace and fill wetlands on the above-mentioned property. This letter is an appeal of that
decision.
Per your suggestion from a telephone conversation on July 8, Harstad Companies is
appealing under Chapter 8420.0250, Subpart 1 of the Wetland Conservation Act of 1991. This
section addresses the appeal process for replacement plans. However Harstad Companies is also
requesting that the Board considers Subpart 2 (exemption) of the same chapter.
Since the lots were developed and platted prior to the enactment of the Wetland
Conservation Act of 1991, Harstad Companies is entitled to the full value of the property.
Anything less than the right to construct homes of comparable size and value to other homes in
the neighborhood will be seen as a taking by Harstad Companies. Our replacement plan was
submitted to the City of Fridley to show good faith in preserving and enhancing wetlands while
still allowing home construction.
Please contact me directly at 636-3751 if you would like any additional information
� regarding the subject property.
Sincerely,
,
�.?' %r �,��;✓`�
Paul W. Harstad
enclosures: resolution by City of Fridley(#51-1994)denying wetland replacement plan
affidavit
cc: Barbara Dacy, Community Development Director, City of Fridley
��`` �
���
.��M�. �.R80 Silver Lake Road • New Brighton,Minnesota 55112 • Phone 636-3751
�'!�� REALTOR�
,
'
'
,
' WETLAND FILLING HISTORY
LOTS 5 AND 6 OF HARSTEAD DEVELOPMENT
' MATTERHORN DRIVE & EAST DANUBE ROAD
' Fridle Minnesota
Y�
' PEC Project No. 94-046
1
1
1
SUBMITTED TO: City of Fridley
' 6431 University Avenue Northeast
Fridley,Minnesota 55432
'
SUBMITTED BY: Peterson Environmental Consulting,Inc.
' 3209 West 76th Street, Suite 207
Edina, Minnesota 55435
, Phone: (612) 831-8565
Fax: (612) 831-8735
1
' _ July 1995
1 - - .
: _= =
' _- --_____ _ P E T E R S O N ENVIRONMENTAL CONSULTING, INC.
'
'
'
'
1
1
'
'
'
'
'
'
'
'
'
'
'
'
'
'
' —
' =_= == =
PETERSON
� FNV�IRONMENIAL
CON$ULTING, INC.
1
July 14, 1995
'
Ms. Michele McPherson
' City of Fridley--Civic Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
1 Subject: Wetland Filling History
Lots 5 and 6 of Harstead Development
' Matterhorn Drive & East Danube Road
Fridley, Minnesota
PEC Project No. 94-046
' Dear Michele:
' As requested, Peterson Environmental Consulting, Inc. has analyzed the history of
wetland filling within Lots 5 and 6 of the development located in the northeast quadrant
' of the Matterhorn Drive/East Danube Road intersection in Fridley, Minnesota. It is our
understanding that the purpose of this investigation is to determine the timing and extent
of past filling activities in relation to the passage of the Minnesota Wetland Conservation
' Act of 1991 (WCA). Our methodology and findings are set forth below.
METHODOLOGY
' In order to gain insight as to the amount of wetland originally existing on the subject
property, we analyzed the SCS Soil Survey for Anoka County (1977) and National
' Wetland Inventory (NWI) map for the area, which is based on 1980 aerial photography.
The subsequent history of wetland filling activities on the subject property was
investigated based on historic aerial photographs obtained from a number of sources for
' the years 1986, 1987, 1989, 1991 and 1993. Overlays of visible fill were prepared for
each scaled photograph to allow acreage measurements and direct comparison between
' years. The sources, scales, and characteristics of these photographs are summarized in
Table 1.
'
'
i_'fl�)l�Vest;tithSfrect,5uif��_'ii.- ■ ��lin,t,:Alinne.��la��5135 ■ bl_'-t)Sl-ti;i,_i ■ F�i�611-tii1-873�
�
'
'
'
,
'
1
'
'
'
'
'
'
'
'
,
1
'
'
'
' Ms. Michele McPherson
July 14, 1995
Page 2
, PEC Project No. 94-046
' Table 1. Sources, Scales and Characteristics of Historic Aerial Photographs.
Date Source Scale Characteristics
' 10-09-86 Bordner Aerials N/A Color Oblique Print
11-10-87 Markhurd Aerials 1" = 100' Black and White Print
' OS-xx-89 Anoka County (Markhurd) 1" =200' Black and White Print
04-21-91 MnDOT(Markhurd) 1" =250' High Resolution Blue Insty-
Print
' 04-xx-93 Anoka County (Markhurd) 1"=200' Black and White Print
We also field reviewed the subject property with City staff on June 17, 1994 to determine
' existing conditions and assist in our analysis of historic aerial photographs. Based on our
analysis of the above-listed aerial photographs, we have determined whether active filling
or grading activity was occurring during the year of each photograph and estimated the
' acreage of wetland filled since the last prior aerial photograph. We considered active
filling to be occurring if one or more of the following characteristics were observed in
' locations previously identified as wetland: (1)recently scarified area with little vegetation
in areas previously identified as wetland; (2) visible fill piles that were not present in the
last photo; and/or (3) visible track marks from heavy machinery.
' Any filling activity that occurred prior to January 1, 1992 would have pre-dated the
effective date of the WCA Interim program. Filling activities occurring between January
' 1, 1992 and July 1, 1993 would be subject to WCA regulation under the Interim Program;
any wetland filled during this period would require 1 to 1 acreage replacement. Any fill
occurring after July 1, 1993 would be subject to the WCA Permanent Program and would
' require 2 to 1 acreage replacement.
RESULTS
' Ori inal Wetland Acrea e
g g
' SCS Soil Survey for Anoka Count,y
' We reviewed the SCS Soil Survey for Anoka County (1977) to determine the distribution
of hydric soils on the subject property (Figure 1). This portion of Fridley was considered
developed by the SCS and soils were not mapped. However, the aerial base for the soil
' survey provided some indication as to the distribution of wetland acreage in the subject
area. This photo base is not of a large enough scale to accurately measure the wetland's
size; however, by scaling the wetland appears to be between 0.6 and 0.7 acres in size and
' surrounded by a forested fringe. No fill was evident within the wetland as of 1977.
,
- - -
'
'
'
'
,
'
'
'
1
'
'
'
'
'
,
'
'
'
'
'
' Ms. Michele McPherson
July 14, 1995
Page 3
' PEC Project No. 94-046
' National Wetland InventorylNWI�Ma�
The NWI map (Figure 2) indicated a small wetland in the same location as indicated on
' the SCS aerial photo base. Due to the very small scale of the NWI map, it was not
possible to determine the acreage mapped as wetland. However, the configuration shown
on the NWI map appears consistent with that shown on the SCS Soil Survey. Thus, a
' wetland of between 0.6 and 0.7 acres appears to have once existed, a substantial portion
of which lay within Lots 5 and 6.
' 1986 Conditions
' We were not able to locate a direct overhead, to-scale photograph of the subject property
for the year 1986. However, we were able to obtain a color aerial oblique photograph
taken on October 9, 1986 which clearly shows active filling/grading activity occurring
' along the eastern margin of the subject wetland (Figure 3). This photograph clearly
shows a tan colored, scarified area with no vegetation covering the north end of the
previously identified wetland. Because this photo is oblique, neither the acreage being
' graded nor the amount of wetland filled cannot be accurately measured. However, some
wetland filling is clearly evident since the SCS Soil Survey aerial photo base indicates
wetland immediately adjacent to East Danube Road where the grading is occurring.
' 1987 Conditions
' The November 10, 1987 aerial photograph we obtained is the largest scale and highest
quality photo we found (Figure 4). This photo shows fresh grading activity that was not
' apparent in the 1986 photo. This is evident due to the presence of visible tread marks
from a bulldozer or other tracked machine; since the 1987 photo was taken very late in
the construction season, we do not believe these tread marks represent remnants of the
' ' 1986 construction season. It is unclear whether the 1987 grading was done entirely on
top of pre-existing fill or if it included new wetland fill. The lack of scale on the earlier
1986 photo does not allow for a precise comparison of fill distribution with the later 1987
' photo. However,the subject wetland has been reduced to about 0.30 acre in size from the
approximately 0.6 to 0.7 acres visible on the SCS Soil Survey aerial photo base.
' 1989 Conditions
The May 1989 photograph shows new filling that was not visible in the 1987 photograph
' (Figure 5). Fill piles are readily evident along the east edge of the azea filled in earlier
years. It is unknown whether this new filling occurred in 1988 or 1989 but it does not
' appear to have involved any new wetland fill.
,
'
'
'
'
'
'
'
1
,
'
'
'
t
'
1
'
'
,
'
'
' Ms. Michele McPherson
July 14, 1995
Page 4
' PEC Project No. 94-046
' 1991 Conditions
The fill limits visible in the 1991 aerial photograph appear to be identical to those visible
' in the 1989 photograph(Figure 6), though some new fill piles appear to have been added
over pre-existing fill. Some revegetation of the previously filled area is also becoming
visible. Thus, it appears that no new wetland filling occurred between the 1989 and 1991
' photographs.
' 1993 Conditions
The 1993 aerial photograph shows the same distribution of fill as is evident in the 1989
' photograph (Figure 7). The previously mentioned fill piles appear to have been graded
flat and show signs of partial revegetation. However, it does not appear that new wetland
filling occurred between 1989 and 1993.
' Summary of Filling Activity
' Roughly 0.3 to 0.4 acres of wetland fill were already in place in November of 1986.
Fresh grading on the previously filled area was visible in 1987; however, it does not
appear that any of this grading activity extended beyond the limits of the fill in place in
' 1986. Between 1987 and 1989 additional fill was placed on the site, but again it does not
appear to have extended beyond the limits of previously filled wetland. The previously
' placed fill to the north appears to have been flattened out by 1989 but does not appear to
have been extended farther into the wetland. Both the 1991 and 1993 photos indicate that
no further wetland fill had occurred since 1989. Previously scarified areas appear to have
' substantially re-vegetated since 1989.
Regulatory Analysis
' All of the wetland filling and grading observed on the subject property appears to have
occurred prior to 1989. Though the 1991 and 1993 photos indicate some additional
' grading, no new wetland fill is apparent in those years. Thus, the wetland fills observed
on the subject property appears to have entirely pre-dated the passage of the WCA.
, We hope that the foregoing information is of assistance in the City of Fridley's
investigations of filling activities on the Subject property. Please feel free to contact our
' -
'
'
r
'
Ms. Michele McPherson
, July 14, 1995
Page 5
, PEC Project No. 94-046
' office with any questions.
Best regards,
' Peterson Environmental Consulting, Inc.
'
' ald P. Peter on
President
, Attachments -- Figures
'
1
'
�
,
'
'
,
' -
,
'
i '
'
'
,
'
'
,
1
,
'
�
,
'
,
'
. '
'
'
'
,
'
'
' FIGURES
'
'
1
,
1
'
1
'
1
1
1
1
'
1
1
' /
r 1 ��\ , w .� ( /�� � , ;.. =P.EMC^��• \ .j4.
r�l �n � r F: .'� ��l � � Y ���� \
, ;F�MBd j _ � v`� I _ P `�f�"? C7 _•SFF'� ��?' JI:
' '! � :� _ .p�,� .I'F I P���.r -�Y ��. \�, ��`\�,
� P lE V � ,.._� �` �� � '�F� " � �P �••.
—�; ' ' ;: ` 'I F° , ,.,F �- ; ' i. �•��S,c�•.f :�e1�
75 . �• . C.,.. ti'� � �1, .�'� �' ...�C�\ ��•r�' -
1 . . _ ..: : ,�.. � ..
A , � ,,. i ,
'r =��-,�-1�.�. �.i„r. .�.( . � _-- �- �— Q E`�2 �� [�
� � 1- �` 11✓/ r:.
i�L �Y c�PE�� � � '-�!;� � �;o ��-'�.
�' i .PsSigb � d, -„ �;C
��, Sf �, , _��. - . .4EM�� �BG,r- �` �� _ �i. !-4L•....�•
� � .il'���I'� l�� .: .; .�� �L Ca�� I�. '�� Ir�nC _.. _�,�•3$
I� ;',� pEM� �-•�, �"Y!�-�?-�1!«- "* nr�C• �:��,�•
� ��;��PEnnC� :\�� E pEMBd �' �-`' � 7¢8[s, PE��S BF._ -;
i;ti 11- �: ..��fi :. 551 � PlJB� ,, -"' b� . P
1•� ( ; PtS-BFx � -.�
;f'- ' P F :C , .� .� ,��, �> (� J � �
�� Ii PEM,�;�., . • y ;� �1rE 'c���F g .', V _P�:@G r `_, .�.
' � ` � l _ ' .. .. n
� P�'S'�v \ �_� F� ���a��ysg, C, � PEr.IC PEM� I� II'.
- �C'� 1`� � , _ �UBF � ..� '� t� � i� .
- vErs��:� - r�,�a PEn+�c p---�pu H r�
� �MF � � .
�PEMr � . ...- �._, � .,,� � ��� �� _ �, ��P�g�x- �8����
' v t�ueN.; �PEMO ��,� �`"s' `.i PvBG 4� I�M' _� � ��(
PEMC �Z ,t: �: i' 'I� �._, - i ;e'�=4��-=� ._
,- � �+��H .. �• � -P5 tC�.PEMF.��gFx �-� `�'T�.: �g�+' � �''
= � > •.• � ... PEMF�� �... , - r p. �i: ��.,:
� �,.�,��= ' �
��lBG
� ' � . �• . � ��/Bf,:�j� 'r:� PugF� � �
/. 4EM6--'� p� �� ��K�QEM�_ EMF � tl �i ` �
S51
J � i i . � G
� � Q�( ' �?E�nE - -PuB1���.'. � 5�,,,�:..
PEMC ��_\/.� ,�p\�/t T
, �;PEt✓�� tO— �'uvr \V PSs�C�PFi�nCs r_ � �i" R2�
' F� - IPUOf Pu6F � PE.rn9 �,� `'^;�
PEMC P '`,�,� I \. �F b ti�n � �!�
.�� , .l.�rE����' � ?EMC._ � ' . � . - , _ � l\v0
� �,� ��t , �(}-.-PuBFx PUSF� � ��t
-�. � t` P�Sf ��` ♦'!�}!�� . .. � ` t`4
' '� . PEMC_—L�. ~ !�. I GEMC:� L, .i 'i� �t
��� 4� ` ---._.� V PUOG � Pu6F�� � � `,a
. . PUBF~ � � � . '. < •'��PFo)3jy
-=3 - e�c =-=�._.,�_
t �� -• � ,�,� PEt�nC ---�.._" • . —.
:� <� ----� � � �' �;
, RUgG '
i. � F �t., �- A� _' I PUBFx ` . � .�:
t. � � PUBF �� � ` t ,SCi, �t" �
� � , -� y, _Pu6G �" --`pEnnTr� - ,� • a�,�.
' 4EME' ?` i .� \Y}�� t '" �� .`'�
i � ;f••
�,( .. . ; j. -2 �i.
>" r � '"�-✓`^�, Per.nc`�` ' �, Fdt � r` � �1�
,:; c -.� � Rit�- .� � P-�N;L , I r !F�N1Cd
- =--� i ,. �+4,1�k�,;nrb .-,PEMF� V � : .�
� ��r�'C.i-N ���.3tii l� II-[(�It✓ t:ll� ;� ���� ^ �,.
�5 z � , �
_'+ __ ��'G l` �4UBG 1 PEMF` ' . .•+. ��+�,.p•�;MB.
�/ , :
� -- s r I = ; _- . r
A � �_ ..j� 1 s � N,c.i '::
.� k,.E. :y.lr ; < PEMC� - � � , �-rr � `�.P,�M<
' r f' P�M� �O1 �
��� � � � �i � � PUOG
r Pug��� � ,, . ' .�Q��, r•,y{'
+� ��- . (�. �PFOIB '': , � ' "" �;
, .
.
.� ��.� � ' �� PSStG. lJ ; PU6f i �=1
..... . � 'i 1� �4 + ..' i. ' , ' li ' a1
:. x
q .,��� � r-.
' � � �`r,._.. `! r�rL +� �Y�� PVBKGr ' �; ,>PueF PEMF vEMF �8�
_:,.. - �� � .3=-: _
iI ` PEMC� � PUBG �F�1C
. . .. � �� _
�
-- - *.,
� I 1 ' � � n . .. ..., . ,U x�i���� '''PP
- f _ -_ ."_ .�. . . � � ..r ��`'. .;.' �_Ii.�. ��/. .F
' ' r PFl+tB. ' -
� �uBF: pEn(C� .;.
�� (���LL ��f�I_1 I� ' f E,.��� � �wg�x, ,;
'Ai i �` �' FO�C�� r
7 �PUBGx-� �
�T -- + ,' r'' ''�2U4� . .PE�nC' . " ..9"X
-PEMC I - � ';�' )�`� _�
' ,. ..- , t r`~�' ' U ���(� . ' �, �.
. / ' -� \ �����►c
_PEMf, � -^ ,�-' fL1.U6H ��VBG ' � � :t,^c(.,,��.
_Y-iti //: E1�AC :f . ',r'
H� ' ._ . , ; ;Q , ;, , , ,y .
' �L,weSch_ ,�,f4. l:._, ._.�' - �.�. .��r'„ . "_ _. .� v� ' �„� t..� ., � .
' _ _ NATIONAL WETLAND INVENTORY MAP
_ — Based on 1980 Aerial Photography
' _ = NORTH SCALE: 1"=2,000'
- -- = PETERSON ENVIRONMENTAL CONSULTING, iNc. Figure 1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
. �} . , t�..,(,�,�� • ��`M � ` �f � y , . �
. � y �!: d�'��.�1 J' i . n`.. �'�� -�G � o�,� e~ � . �i `y ;... �:y!1� y•i� � ' � J k� �II. _
"V I� �rtx`�` �i3 _ jr' �!'+._ . �,,. .tw f� 56r fi„ :
�� .. � !, ` . ..� • ' � � �i •.:w 1fL* �j, � ��kry II �"
,f.�,�' � ` .:%� ( .` � :�, ``�' .�ti _?��.;� L' • z• �vs.r'�`h z��`�,�.*a �a1 .ti �Y
!1' .'�` t r , � ., f � 1_ ,: �. . t�• , Ly .
�� b` . . 4. � ��� t � L..i c '.a T7°'♦ '�!1 �;,`r`� � ' � '` 'P'it �
� �i�� 1i�?r s�~`�'��+ �• • ►;,�'� �-'tw►.► `L�`� .r .i H �, v, .�Sf�', f w.I:�. , - t y. �:�..
,�t "�.,,� r ;r �� '� •• ..�.�• ��► .� a f:a • � i :"� r� � Z�� � .,�� .
i ' .. � 5 ~ ts��1 +`v r.. v 1 •,:;: i i Iti �i•,�+; �, �'� .:�,��� •
,
t�• J'� 1 � 1: 1! 9 1r� p • �.,. ,.`. -� �' ��"' .1
�'. K � � a.: ♦ ' ' • � �,�I ��f' � �•.Z y. .�� -
.. j •., � " � . :.
��v+ _� 1 ; sMi E.�'� �.i. � i�}a ��a' ;��... ,+ :TQ+ y �.% ,a!k`s," i ?.:� _ ,w.�'�l � �
"r.�i ;1 � ��,L ':�i: �',.. t,�y1 tip }.i tl:}� �• �„'ri ��, a r�' �` �� y.;
. M � - .ti ,C'� ..�r�, .�
..'''+ •�t .w�. ' + � r��"- �^` .,b` • '� � � ` r J
,.7 ,w + w- �� �� + a' .« -�. ���' ,
���'��" �� � ,( tl i , k.. ��.
gy�� '� �.�Y .':t� ���L.2 w �� ••� ��i �• ,� � N.
L., aT'"�Te._ �► �� .. .� � � � � .. . L �.
s .. � r ��' '1y � 1r r: -.� 1 � �� �..
t .Y�a y.a� '��r !'�•,, _ '� ,� . t` • �'�;
* ��';$:��Fs�iL, i� �. t�' �.+r�►•
�• • • ,��.• .' �_ 'l ,�
��K ♦ :� � T t� .:a' ' 1 .M,. �'` W �-��� .�^ G��%j�; 3'� s
, y,� zz. �,•,;�,tr� .j�r .,�i �.'.,. "�" ��, • '� �_
t � {.'��� "'t .Y ' ' �� . �>i i
'-i i �t; • �' ,;; .Y.� �` �.': j' ,'' ' {' ��" �,;� ;`r ,.
� � '�'� f.1 � � � .1 ~ .� r� � � .4 • '� ,. .
r� �w i .,y , . ��f, �► � �M
� �. '`y; 4 :4� �� ���✓,�t` �V tFl, I�- � �'�+�� � •�:� •.
' -'� ' .s.
r .y.. '.� �.a t; � •�y_ :� � r .z,. ;�
, i: , - �A � - �+iy'�,.�.,, �
� ' . 4 � • ~ _: � .rs '� �s�1�UGi` � �y•
.� ` y:� ,v � �Y � ,i � - ���, f � �- �«
�''.. � zry,( .s�' y- � • "•t' �,# •• '� f�►
-� ti� y Y� �"+�
.� �... _• _ _ ..f 7. : 'Csr_+L �,^. '��:
': ' � , .. � '�� `
_'�' x :`. - �+�' ��%y, ��h��
` r. '�i 't .��G t_;c- '! 4
f� , �i� :\ .y h . ..<.
- ,�,�' ;:i f �`S � :t�� ��il' ,•� '�� � � w �y ^t
' '�,' ` {�`�' L �;"s� f. ��` � �:i'� :.y' _ './,�,� � .�.
'.� . , F � _ �y'+c'� ���c;'`t v �: • ��1 *-. ..'T�•, t`.�+!M1 r
, .`�� �"�'.i_' '.k .. /I�' �� �(+P` ,.tl. ~•• �e._. �..
�1. i�� i f ,� �' f � �.a: Y
t - � •. � � � '�°" �..�.. � r v;.• ,
�� f , �2,� zz� a .
- ��'J � �rc� � �'9�_j�{• �1. 7.<-" ..\1
a ���� ..-,.i(� 4t 'G�i, /,� � .� . _ ...,1-
_ • �«.a,i�x��# :� � 4 .. � ,�.�-_�; .
y : ���-�,�S� �.�� �—•
� .
• y. • �5 i�e: * �.
a, �t
i. �� .a `�• -.� E- }�`s; �� - -S � �'t•`
� , r,, �� ,r �
r� �,� , �,,. +� � `I.
h('
I� : t l ,�'f " �.� '� 7
�," � ` _� `. ^' � '''' � ^�f ,y► � ,R�`,� � �`Vl"�; � . w
� � e .1�� �.• � ` ��M ? L1 �� J�, . ,.
. _ .r -�. � `* - •`� '�+�11;.' �:�"�';.�n �:L.' ��'`�
. .
_ ;.� ,�
�:...._ . : .
r
r��"■ #. .._. .w1.'}. �._ n. ,��..
1 'r' �!~ � �.a .�"!. v �tii�� � '� �.aM . :.! • �
�/��.�� ,rP�-�- w �1,.;� �'e1Rt �.1 -�. � N f �,-'�'� � ♦ t`
i: ":�-� •' h �.�.� ,�+ t
—_y � � `!!' � �,
��; ?. � .r+, !r .li
I � _ ,.y�� ��� - .a �F f.E�� 1 �t
--d r�'"� - ����a �� .� " , � � � .
� °��,� � `` "':. — �����...�,�: i � � � �,,-
� ; � ' ---•_ '�'-'�c 1r - �'
x! !1 b � i� �..'��': .
�� w;'�;, ��,$ ~' a 1� - ,� � �. �'.�,
.♦ ■ �■ •. 'V. � J' .
t ��` • tr• y � �': _: I" _ �_ '"~ ��. �
�' 4 � ' 't r -(��`� � . �� ' � 4�f
.�� �� �, t�i M A IM�� �
., '�r 1 '`l��x�'t, �:J c:�,� -��4 �, ' � �
� �
� � � �
� � � � � � •
'
'
,
,
,
,
�
'
�
�
i
1
1
1
1
1
1
1
1
. -
�^� ' .,, i a k . `.,.�j ,
_ � . ,
,,
' �"< '� �" '� � '��r+4�,� �."' S � ' � "
. , • '�.� � � � .
,:w . ��, a��"'
1 � ��"�,�.��...,+:�.,... . h
I� �I'ril�l�� - � �'�?-�.. #� •� �'� �' . ��K`} ��. ' �i . .� .'� k *
s.,,,�p+� , f� ..r! }•.. r' �� � y� '�,° w�' , �, . � �.� ti
� �y���d� .�"�. :�,,. � � ur�' ,:¢ � ..�� fi!" �� ��rfMA , .A
.� � .,.. � . .� �.�. .r.
.�a' , �� . �fi �,�;; s a� � � �.� F �
� � '� i��� •
� � _ �
: .
i
, �, ,
.
'Y're�im� a �', � � � t� � � �h
,. � r � � . � � � � 6: �ILr'
". ' , A1M� a. �. ., � , r ",��
� ' . ' • `, ,.-. �����` j' �.�. n. �,{ -�a.. � � �,-. �'�� a P.�. ����.��E�� ��..
i
�
^ �
.ti.a � . ` � �sN �'h �1, _
�i&. , � . n:,- � W+- a . , � �S� 1 qs. v +'- . ' � '. �`
*�°'" ��� ,. ,� ' T �',s k.. �
, � r �,
4u� ' .
h �, ��A. I w i d. ' ... yr .
, �W���1�� +�{ M�` +�'" w��� �,. "" .. i.�,��" u' ry �� /., t k
iti ti
,;,': � �,id�4 e�,.�� b^• � ',�`� � � ayd".�' au� � � � � ,�,,,�', r� t�,� �.*n.� ����♦�(' ,��`Y � ��„�a �T'i�;
�'- s .�•� °� ^�" . ,�� �,w� > �; �f,��;;�JM�
.
.
;
, m , ;,. ,. ^ �
:
,
� , � ��; !' � � � M:;�
: �
.
� : , , �; � "� 4 �� a � . ���� , .
a .� � ., ++ ,
,, „. , .r- '.� ' °.� , ,. ' .
• �
, . . �. ;�,. . .�., . , i�' . . �.�. :, .
„
>
. . ,r , �-x;., , . . '..
.- �"
;, � � �p,, • ,, � R, y r'. � (q,t ,
w �
'� � ... . '�� ', i. � : 11�:;. k ' .Y.. i���
.�
1'�
p(��''� � .. r�� �� ss • ` � ...r
m M� b���, � ra.u� '� � p, �" � . � � . -:.
` ��, w� � rA .. �a°,i � �M, ��y�� ' ��I �.w, " ,� �"�` '��ti „ `,' . ., , �a
� . 1. M I �' A�' .�...i �, �Tb 4: . - ' P .
� �
a . �
��,, �y��,- � � � °, � .{ �, w, . ,�`'r � „ ;
r � ,
Ww.�1�. �,t
. '���� .ii. p,�, au �, .T „ y +�"�� .'yxM�"�'� �^'•h.� � ,�,,y� ..n '�, +' •,�r �I n ,9i� �' ..
�.' � ' u� � .�.i�n -} { �: � :$ "a'J�
.' V . ., ,,, � '
w..
i�'�i ,�k a+. .
�
,�. , ... • r .„; � � ��,, "'„` _ +�
F .
� '„p - w a.» ���
'Y , a•
� ,
, �
F �, ,. .,
�v -.,o`� s :Fr.�
�
.. .�' . .� , '. ' * . � . . a ' �F�A
�y
� i;,, . �" .N�'` �f F "R. � L�r
� �
• a
i , .: �
« .� .
�. �„��ti� ,�, µ
,
� ..
.
t� � . ,�7.
.,�� . °�"4p �� . �#� '6 �� � �*��� r,� �"'� �,,�` !��;��
,�++� r:,
�, .,, �
,�• ,� �
a,� . � T "' . �. '� ,,�:,A� py�� °� n. u�'�'�Tlrr ,:,,,�, �� Ik S
a ry µ:
r a
�
J
.�4.,� � " � �d „ ,� ; � '� .�.,�
l � �
� �
� .
.
x
. , , ..�� . . a�
�Y��, '�. � � ;,
. ,, , , � r , � �
r � � , ,
� �, • ., „y .
. :� ' ,,, ';. � � w .� <� � � ��,.� �
'� ��F �•,. :' . � � .r� '�.. ��•'�`�, ",•,I`�;�� . aA�M h��,�7`�'"�.�. ; ,�" ��. . '�"n�,���.,
,� , .
Q�, .
'PE�"� n. �' �n+��Y +�'
� . .. . ^" H,p ,. . � � •".,� � ��y� .
. . �
.
. �
. ... . , ..' . :: ... . �„ , � �
- * ' ; u
.:.� � � �� ` ,. �"
,, a� � �� � ��
o � ` '� ,j � � �a, ..�� y .1�144 a �— �"�ry .,w,�,, l�'�
,
•, ,
.
• / � ; p-� ^;�.r w � �� � ,� ' � �' 1�,;i��4
� . Yt� Y �M
� �
. ,y
. . k �� �`�. . I �uql "`i rt
n
�
, . �- �. �, y a , ,• � -,.� �r� ` ' " i,� M1 .� �'
,
� . �,� y
, �'"
.
,I .0 In� j .� .^t;' , µ 1 ..,,� �w. � r . � �� R
� �
�
.
. �:. �
, �r .. �r ; . . '� �
^ .. a � ��
� � � I�,', ��' �^� ��� .,,� , �, � ,� r^ ��� . _ �M� 1 � ,, �� `.'.`• -0��.
r'6.
w �,��' ,�^I �I
�u�
�� �u;� jtl-n� *� � �'W .d r,� � � lk.,. � ��'.ti
9 �_ ,�"' r , ��',r�� '� .��.a_ *��.,,.� �� � � � � �,� �i �'� �'�. � � �qe
� ';�*�.�+� . ,+ ! �,
��Yµ.i �,�i� .�N�"�,R .� " � � " r, • M �; �� ��'�t
, . ��m .x ��
�� ; .
,
!�, . '�'• . , �., '�a, . ,v .k w �
. � { � � �� <�„�tla �s� r • , n
„� " � `"', • ." ti �,'>'
� �, ,�t' �:� .
� 5N� � . k� „JdF"��r r ,��, L-l'� .I
. . . N�p' .. a�.',� W''m ,�"`r� � W'�'�,r .� �i a.��.. "'�,�. , +�,._
,
`u
� �� :' R� �,
�
, , , , ,„
�^
. ri �
F - ' � W " �' ,,4, J �V� �n w � �'.��
.
.�
, '�' " �
. w �
, , . ,
.
.
, � '��� �
M
, u u , �,,
' ,
9, . ,. . . . . . . .. � ' . M .,., �i�i4�au�'�y� �,^a i. � ,W� � ,,pv,,�� ���w�,ti � .4. ' � �. ., � � � .,
�^�,�� , �� � � 4:� �� � ."/� u,� � ��,, ��fi� -���� ��
�
� . .
,���y, ���,, �
� �
. ,., ,� .
_ : .,•�!� . � rr . .� � �.w� r m��,: ,.... 4� .s,. w �.�,� ..e
�.. � .:� . ,, ��
��: � w,.� � �
• �• • � '
� � � 1 � 1 � • • � � �
• • � � • • • �
. � • �
� � , � , • �
. � f 1. . 1M *� �� �� F_�.
C hpr� ���`�-dy�r��� .� �`,` y J y.r�iR. �� � �
* .,_� .,.. "r• �. � t
� ���`g�•� � � � _ �1,.,7v �, �.�. ��F��. -
✓ ��' xr
�
.
� a
.f� . .r, : 9�"-C ., �i�''
�� . , �� ��, .��. ,�> -
_ - _�� .,� �� " r
r
L b �
_ . . � .
. � � !�{� .
M � ���'. .��`d - { _�,� -?F}' .'! t��'As �
�:�M . •YI -��, a t ' ; J
.! i} `: �,l ,...� �. t� P"
�s ,� iF z�. �'n5".� / .aP - ' � ���1 •.
a` �p:'��: , ;c' .. � �'
�pS° �_ �' .,,fi.
�' z �. � - I ;j .
, >
.
.
. .
< :.
� �,
+ ,
�. '
.j .,: �..� � �,r.� � -
4A?d'�'��ks, - I � _� #;it : _ . � ' -'�1� _ .
• � ,.
.iK•• si�° � .
t
. t�
^� Y.' � ''� � .. '_ �:r .:, _��
� - �
` �7 - � - � -� -- + ' � ..-� ..
� .. �. �.� ��� . '- :9 �.k � - ;�'�'-. . �-�_„
•1- �v .. � `j� � 'r' �� .
� " _ � '� �
A �. .. . � }���. ' . : ��`.z�:� .
��.
��..: �� _ , �-,�,�- ���
- �� � � _. � �
_ � -�.: � �� T WETLAND � � �� .�
'�; �' .� ��-�, �,Y �'
-- _ ,� ,�Y �;' ':�� ��+ ' �,� �;.h- -s
" . y�. � � _ �. �_. �•'�� ' • e���� � 4'� ..�
- �:" •��� , ', ¢ ?�,
. �— "�� i �,�: .,� +�-� ,.'"�r ..,
� " �` 't�`�
'�r -� �.:, ,�: :,
_ i� '!' ��1 �1 ,� ��`j��asl.s .
. ;�,� *. « r `1, ���� ''� � -- e.,�.�
, ,
,. , .
;� �..�,� y '��„' •� � % ��. ;s�
.—�•_ —ry�F .�'�, ` . . . ���..�_ . �a =.�► �.�/ j -
N
..
_ ��
_; '_.�--=. t`,'+�'� :� ,�� -
� �
�, -
��
�� � ���_R E-�E � �
� �� '� � `,.,:;�.. �"' � � �„'-
„ :_
� �: �- ��' �,� y�- �a
, t -'�'► �•s-- �'�w�" � ~ � ,g i ' i
` � � �
� � �— *;�'�7�` "' e i� ` � — .�. ,.
'��"'c �. . q>'.�7.t• . ��� - ��-1 ��' . .. ��_,�
l '� . .��� .�4a�_ - R. „ . �` ��s{ O ,�,. k����.
;
: � .�: , -4._ - �
. _-� ' :_ . _ $� -
.;- � � -. . , ��
.,-
� . .
,. � �
` , -�,,,�.: . . '�. �, , ` R . :� �. :� .vbe qo
_ .,� a
�. � -
� � w,. .w =�s.. . � �
�� �,. -+F J J _ .. �� � � � ,�
-�+► -� - � _ .��:
..����
. r
.,;. . . �:.
�:;;- �� �`��,. .�. � _ - � }� y�-�' ��
� � � �`` : „�-�,,: � � ,�%
.
� '; -�"-:A _ ' / '� '� 1
..'Jp.>,�y, : � c°"
�`-'�^'^. 4�.� '�' `Xi� �',. ' � - _' �.��� ' �'1
.
r
` ..
� ,�y� � .. ' .11-� '., ., q
• r
�.ai.�-� _ _ �y. -, ...
:.... +.�. - .� 'ti =�3!P w_.. � ''� � g�
-�-' .,�,. ` ,,� ,�,� , ;�`# ts �: .� ' �
� .� �..��= <�� .� - �
..
S � "�i��: � -
�� , : .,
�,, � � �� -r : . ;
�:,. . � - �
.: ., _ . �, �. �:�
�
.� . ,
� nt�R �� s�AA � � : �`` ���� TOGR�1
. .
� .
��� . � .}i 1 �.. L_ . �., � Y I
• -� �'S .P
...
_ � , .,, � P���_ ��
_ . . _
,.�_ r � �� � � ,}
.4�. . �,- ;��; �: � x, '� _ �0, 19 8 7
. g ,
_� ucd ,: - , .
�_ .,��, �s . �'"_
C �•:. �.� -
„. _�.. 1�g�; 4
� -- �- �� �— -
� �"` � - � ����
. ki 4 _ t�± T � � s'
.y
� � �� �,.
,: , • G � ., ;:�� +
.�.
� < � ; �
� � , ��_:�. � �-. :� �,�_
�3 - -
{ � ..
' .,� •�` .. � -e � . �I.e`�: �'.'.\ �'t� y€�.l � _#. — _
.i q a� `:� �' - :� s � a ,���� �� ,,.,� -'� �
; �:, _ . ,m, •, t. a �' . ' t
�"�`�p �,�3 . ,_ t«��.�"�':� a� �f.' ,.-� �s�. 4_',_ �• , F ��
, .7t' Ati 6 . - � �- + �' :
� ;� ��+ "1 '� �'' ri`► . `'` � '� '� � �'� � '�F'
� � - b��.. � �� z� � T� �,"� �5+. �. - � ,� �' , �
'F=- ,� �" - _ nY. F-, `.,� � _��; � j �� � � .��i'
• a
.� . .-. -- . �
. . . . ��, r- .
r. ` .. � �� #q �:
. _ ,,.
, . � ..•,. b�
.
. � � . ,..�.. .-«. . t _ _. -
.
* _ : _
>: _
..�... • �g :� .t�t,• ... � � ' ' - r
fl
.
,y ...; 3 ' � ' . .
�r'�""�+,, in �' _.} ' '� �,�. R.�� s� � A� �� , � � �
��� � �~ r ��i?': A.�E�'� . �.. �� � ''I`x �` ` �1.-� i S _ _ �
� . , _
�'' � .�] � yf .��� s��` ���� - 1 _ b Y� � -
e „ ��. :c��' D:,� � .,�V�'�� �� �t�e�, - �w _ -
*. � .��4 , ��� �� _ � °�r �� ,. � � � .:
''� . -� i 1'� � � 'L 4 a � �s�. Iy�f. 4��+-F'> _ = 1 -
f2 ,� �� i •� � �, ;` . ... tl''�"- ,} [
�` � � �». �,�, ; �g _ *�_ ` � �, �
! `� 3 � ��.�'��. ;� 0 �a ��111� �
��i�k' M� �'' �. :� y:r., � . _
± `.
� �4 � e.� � � ''� � i� �s
A. ,��� �
i �� .� •'�l-^ r ._ `5 �.tr '� � �, � r :.3" . � � -
.�r f � � ��. � .�:;¢,� ..-.-,_ ,„ +� ::�'� � ,. O � �,.�" ,
� r �
, � '
1 ��� �� '�' 'Q �F �
��r -.:. � .. _
�
a
. , � � � » - : r
," �� � � - �: "
� - _ � � � � �'�a -��� � '��
'� � `���'� a`��`e.���' ,�'r'' :, , � J t���� � '� ��+�� ��
} � �gs � `fi ��. �.. ;� C g� ' ��¢ .'
_� �
� � -� �� +31� �' � �� �� +� _�`''" ��'� �' �. � �
: � d � �.�. . Y�j�. � t ���9 f�� �F i.���i.}��`.y,,, �� �
� '` }.:t �� �' �n� �'#. �4, '`�3 <�� . . ��, �c .
.�i• ' .,� "y � '� .
,.:�a 9�B�iE� ��:E� �. , �� �
y� .� � L�:N�� ,�A:� ,�"�ep � ,�, � � �,�.��'�
,_ 9�c r � y�� � � � _ +� ..."'-.?�:. . � ��._ 4
"Ft.,� =ry��3:' T��,.". .'` �Y� .� . ��'��r�' ...��-SZl ���� 5� '�'_�
�� , ' � >,� LD `�
� � � [!fEW FIL�. OVER O FILL *
. � ; �
�
� : �. . , � �� �
.. � -r � t . . rc• -,r - t
�
,:, �
�_ �.�.
�; �`, .>�' -;:;
t,�' � �; �,�, � "��. �
� � ' � f`��� �..: �.
r � �¢v$�� '�-.,, .q� • � ` . �, � ?� ��: :`
`
� � �' � , �,�.
a�. .� � �.: � ' � � �RIL`' �"�
�' FA
� ���' m � �-=�. ., k. � ,�..
�-. .
� > �� �•. .. �� r r ; � y s.. �+ . '_., �
� 3'�?i�� ` a�°$, Yr� ��i �� �' -'� "3 ? ��.
� �. � �S � _ - _ g� _ - y � Y' _
t �� � t� �
� � �_"�1 ^ i��. � y) �"3� t. ',F"
r� . .,4 {# Y.v R � P`
d* '-� ` � ' � . �- • -0 � ���
O S 'lY `� f�� , '.. .-
' � �¢ 4 ' t .x � � �' y .
` 'i,y 4 �' 7�' fi�� �� .+�`�h� '`y'. �P �� pT
� .e_ �.��� �x.
� '��=Y ' ' ' �- � � .
�, x £,� �. - ��'�, •�
*+ �' - � � ��
� � £�`�,�,�'' .� � � t �� � �, -
� �3 � ,��,� . � � `
' v . �> �'s�#z � ��_� �� �:4
k � y�. ..:�
, .
� , • , .:
, , , : , �
. 4, , , , - , ; , .
�
-. z
�- *� ��4, ,_ "�'�'s .
� � ' �� �. f �
. � �,�1,�� ,�, �
a � � �_ ' N,� i.: �
. �: �
� k . ..
:� '°_ • �.a�_,' �• . . �� . _'_. ' k'�. _-, " y�j �+�i
� �r.
-��Y �
ti _ i_
' y v 3. _
. _
w 3.
� , ,'..�t.... ... _ - ;� RI ; .s �.
. . . ���..;� � _ r
�. 4 Y� .�A �t• �
,L _ � Y - ;�"jr .
�, 4i�� ' .. .s� . . � `£� ��. � ' .
,� �R �� � ��� •ti #�_+ ,
° yy �},y. . .
�r �, �i� _ '��"
,� �� ' c �
. --..�.' '�: � � �� � - �� �rx+ - . ,x '�' -��� �
���'�_?aa ,w:a ��'. a +3.�-
�'- ��"��.�`�h� :,? t� �. i �.�i �!�' f,r � � t� .�.�_
�� x�e,��:. '*a y, � ���� p���;�"��h > .,?t .�' a'`"��_ �" ���� .�. �"` fF �� �_��.
}� ' �..,.�r__,.`;'^`-�-.�.r ���� '�w ��r.�?. . ♦� '. ; pY� `� �S .,.�� � . ��
t.
,,'. �
�, .s " ' ,. � .. A'F_
� ��. �'�`_�... `= ..� .t �� � `'.'����
.:. . .-. _ '�k.;. .
., . . � ,.,, . � .._ . ... . . " _ - :;
_ ..
, ,. _, � .
.�;v - -. -- . , z, .,:. -.
- � P+, y . '^ �.._*"_,,.�. . . ... `"` •.+�r
,.,,., .. ,..
: : ` ` . � � AERIAL PHOTOGRAPH
- �iHORTH�� € S_CALE. f"=200' �TM`�
��3 `�..���. ... � � ,�..:� �. � ;., ���;�, � � � .�� �MAY 19 8 9
d�, `" Sca.urc� �1�� Coutity -��:� � `�' .` '��; ;: �. �, _ ,�
.
. •.�:`�•, 3 c -
. �
:: \./ � . . �"w.
' . �`: ..::. '��'t� - ..
_ .y'.•• '�"�le � .\ �a�'i' ir' 4�""^`"'..Ms�. � ..�.
�t��,g?� �� F - i_ � ��
. �`� . .µ . -. ..e �.ai� .... ♦ �fweku .T•'r . . .
� � � � � � � � � � � � � � � � � � � �
. � .. .- F „
,
, �,�,
'�.�,. �r� � .. ;, `�' ' �`` ��� ���w� ""� ` �. -a
I��:�' r4 A.
�
. . �
i
�„;� , � . +. ��
� , �
�
. ��
... . '� �' ,,, r. ,: � �' �t"t ., a . `�r , � e� ,y'
.. � � �� �:,�ry��'L. � �� � .. �� . * � t' �� .
�
w ..
� �
-a
. �
, , � . J� ,�... J� J M � .., '� ��
W�, �I "" 6�� 4M�+^y ' '"" 5 � ' � ��S t�+ +r \�� �
� � ����u �w.: ^��'i�
i t �
��. . � ''1�� '� �n r :_h,�.. j ��'� ."�u :a �KaM,`.''�' yF�°"'T#
�Y� �� � ; . �x ..
� �,yaC �n � i.�, �� pyp . � � '.i�4 r i, . y� �'� . � .. � �%.�'.
�,: �6am.�. Yqu�� � u i r � �a- e . �. �u �` a h 41 +m� .';
.�Y,, d�' �p, ir� k,� � .:Y r� i� ";���q�� �°:. � . �J. .��r— y,»,�: � ..
��"� '17'(�k"��'�� , q i 15 �� "� ro���y7�� �' ;wA�`� - f'� .{'�'
��-iy''�4��, ' i:�. Y �I 7�m��h � �r £"F � �{,-'� . . ' y �'�4m w 'XN,"��� �X -wi��,. � ,� � ��N�
" r_r a
�n � � � °'�i , j , ;44 �,� � m :�
E * N µ�� �� ;��
.6 � � �.. �. . y .������-�.
y, � �� �:� ' �'� �w" �, it� �y '�� � ��'�:; � m
� �'� � �� ��� q .. y 'a•' . �,w ',,r
,ti ... " . . . '. �g
�
� i 4�! �y, u �: `y� »�Y #�S �
�
L � ..,' r, � k'�j7�n. �91AT� Y . � . ` . . . .
' � � i �� � +�
+ , �1W"�fl4� �4� � � � � ,� a,�t� i� y� a�
�
: �� � ry I� w. � - �m f � ��, Y p �
r
�`� ��N� � 4 � �� � �} �k"� � � a���� � `��� � Yr� r
�, , � ..,� �
%Id Y �� � �
w °
� ..: y w��'� i iak '� �..' #.�aw,';, �� �y ^ �.� .. T ♦ ry ,"�.... � ...� �� :�� ��`� �F„ �� �•. .:
� . ` 4 '� ..� , .. F: ��;n. �r... _ . , �..� ,,• W,t�, �� � � .... ���7 �p 1C' � ��� ����. : .. �p,As . .
ti � , � �..
_ � _
_ �
� ,�, :
' `. �n. �
.. y��
��—
��� L r :�4 �' � v� s 'y�, ....., �'r. � �y� � r,yt, � � ��:i"'� � . . �`��. v ..-
�w� � �x� �� �,n . �' � � ,� � � �, , � �
,. '\ , .w Y. ��4 ;',�t j� '� w ..•� .. . \ "'��'r '�'��'`,o-• ,T � �
�
r
I �
: y " # � � � r ';.� � "� � � ,
y .c..: ,w �` '.� � ' �� ,�����:�
I y k._.
'n �I p J
I
� . �,� , �'� ���� z� • ,�� � � � �h p�.aE� �,^�,� ,
� ,
' �� _�,�
' .. 1� JY�. . � R J h �.,� r' ' �i� •'�' �.�"q, '
� ..� d�� a�d �i� y,�. �"�Wl.;�, rq� � , ,.+m .
,. �. r ,� g� yli�7�'u�l, [ j ,���� lA�w� `fi ' ��.� � .
_ �y�rhh ' .WLqk �, .� "" �
. Y �'4
p� �5 � ,�e�
;F. . . h u, f 4 �"I j l?%: �.LA � ; ��Y ' . .
, � , < �
�w•t �• ... ,Y� R 1aa't�° y s D � �
.,�
, � � ;�: � 4 hor ��
,
`� � ° �� �� � �� '� "W Ma er � ��� ,�.;+�� � � � ,,
tt n rlve .���
, A.,; ,� �,' �
{
.
a
, � ,
��:. ,�y � .��4 � ,y . '� aa,�
♦ do� ' .' j�� �,}�.��p'�`�bt �' 7 . ._� w� �r A �
.y 'i+ , ,� �gs i � �' � .
.
,
aT �' +r'
• ' r
. w.;r
�
.�_ M � `� ,,�p���, �,
"� �,«�. � � � �'�; 0�� y, � � 7+0�•
�
,�1, v, S �' � ' �,� ,��,��r� � q�� ,'. Ir �n,�'�', m� � '�4
� � �, , +�1x a "
�..w�- � ��. � � � �
w""'M��F y �%�. ,�` �o �b r�.�.; ,',�d,". . O . ' . ,
J �
.,� �}„ �'� � � "4�µ 'i y ` " � �
�
r
� �� , ��, � � ,, ,���� N �
.,, � �
, :,,�,. � .� �;�� f„'�,, .i ,� ' �, � �w � <,� ;'� � SUBJECT WETLAND
t " z .�y�r �- '",� ��t � ,,:i��i d � } �F.. ..�� . §�.. �'7 !... � . •
w.� _y Y . y . .
'.I... � I . . . . . � , r
o rl
��,�,� �� p� a, � � r �.
�. .
,
., . �ti� ��
��
�
0
�,
�
e� �
�f,
�I ..4 . .
=, ,.,,,, . -;'�. '.
��r `�.�'� M � �� �: a� ;� � � m `, � � N
_. .
. �� . , � O�
, . �
.� ti`� ' ��-�.�� a..�� �. ��"� �w �,�', w�,� �,.�
� .. . ��.. , � � sx. �,, �
.:,,,. _ '� �w �� ., , .�
./ .
,A�
. : ,
OLD FILL�'
- = AERIAL PHOTOGRAPH
= ==--=-=-- APRIL 21, 1991
=-- =_ = NORTH SCALE: 1"=250'
- - PETERSON ENVIRONMENTAL CONSULTING, iNc. Figure 6
'
,
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
tlp � py � � y� "�a r, „ ,�,, w�� �,"�� '` � +� �u,����; µ,� iNn ry�� rjp� ��
I I }�� y �i �^ ����"''�� r 4h� � fia � � r 'n, �"��Wp� rv yTi� 4. �I'I p�,�,�1w � �N
� ��'i.� x�%�:�: "" k���,'�-t ➢"� �� �� � �r� '�, ,�y�. h��� � �'y?NIII � W q i
�.` �I � � i ' ���� ��� �1,'� � ,y�<�� � ,�w l''�, '�� i,� "";Brv' .�d�1�IN ��� �
' r. � r �,'�`� o-�i r T �� : � � "���.� �r `�� �'� r � ��.�., . i
`�" �,.�� _�RI � -" "' �, �' �� �•�" ,:��.. "� ' " ,`� ' "" ::., � �F . "�N"i� � �.�. '.
�+ � �;. � W �� �/� I.,� 1 .b �IF ���
�r.:; �'7 �,� _ . � ir ti��" �'An� � e+ r'�'.`�ti,a"'" � h'�''^' q{� �,�.
Mu � ._, ro:, i, a M1'',", '` �« �
� v� ,� ��� �� ��' � r►"'�^'
� � u u +� �r� �• �
�i'' n ��M 'ri �k ��� �h. "r F ei��• � �� � � � « ,,,, :
L ,a�`^" i �""��j .�,�,� ,�,.+ !�w�w �� +�::�''",�� ,�,',��/4Yi�'�, ��'. .: , ��
,i °I.� w� ���!� y�,�.`; �,'v•�+?r � v "k+'�j a;' w "'"1'� c. � w� p1!,�„ L.,
�' � P, s.'� � ,,►,
,. D .:� g w .�� �, � ��� �k�' � �" �X :. ,�q :�n " �� , � .
���' �,. �� ��w� � �. , da�,, � .� � �u �� aq � � _�
... ;�u�44. „n,; ..,.. ....�, ,t, , .. � � ��,m ..,. �1., „ .i',.;, � �� `^
�y� � ^ (t �..
k � � �N ��� .:.� �rv .. �
n r, � M � y � i �+. 'Mr - �,` 'ti: r `�
1 i, r .rF
,� � �� ����;, �"� ���,. �7/� ��,; ,� ,a, _
� � �,,ap : �.°"y`.�-. , . ,,�� f`; 1''`,` ,, � ,,� sbr /� � , � „�„,�. � � � ��,�, �,.y,�.'
�+���: �� rin� µ ,� �N"�`� � r,�:�;�'ra�'�. . .�"��� �Y �� ' ,,���.. , �'".,,�F +R'�� � ������I
���4� � � r�,' �'����� '��� �,�"����;�`�,+�� � Or/�� � � '�ra.'.' �I
pr Y Y � � A � F'V*y�. �4
�� �� � � � �,�����.��''�� �.::�;,�..� ;. �� � ��„� � �� �� e � ��
.., ..�, ..�., •:.� :' � y J. ^�MW ��,, R.� ��~
� � � '�� �� ��u,x�.skk ,� � n.h....-�. �� ���� ,�w�u�'�p;,a�a;;. ;�'�'�+`'r'�' .�4/w�y� ,.. �� '-- -' ..... iti�
��" +r�, � � � , �.�1q I �;
� �4°��r .� ,,��--- � t ,}.:..I� �, �:.�p � ,�",; � '�"' 'ti ��N� �,<., ,°", J°°. �i w: 1
�
4� �
��' ` . -�, � 'qip s� '�,� r��'n
� �+�^+r� ,
,� ,�, �� -� „�� ;��,�� �'�'. .,.i � � � � � w
. .
�
� - �� a
., � ���y��ry,
r `' �y �� , ! ,
� _,p �� �� � ,�,� �H , � , - ,� y,,,
w, ,
:
.;. ry ,�...� �. �� � � r .:���.� � � �� � w Y� �� � A fiv � �`^rv. �� � � ^ ...�,J ,j�,.
� � � ._V�C4 �� m'� 4• .��y, .; � ..�, 1' ii�.., y 7 '� ... r '�^ a
� %�u'� �"k 4 ! ~� �" vw �,�"�:
' �� � �'ll`""6�•�'�„k�4ap�}. ;:F°�'k .��� � i� �s,xA . . � �'t.� �� u,
� i a ��'� �� �; "�M � 4: �.„" � '�' t �y, �l�a�tl
y ' �•;'q,. ��,'11 y�'� . '�' "�� �.� /1. . � � h `�,���„6 °' .d.y,� rt'� � ��,� � Y�� � ,�".
� �,� 4 „ w.. � � .��� 4,�}"�mir �M'� �' "'�" �� ' �� � � �u�5�"' ` � a;,µ ;,,
��9��4 �� ` µ�V � +�• ���.
+m j�" '� �,,bw :e"�� � � , Y'7 ro wt �.-� '�v„ �� ...
���?' Q � ,�r
�i�1 � '� r ... � +- .�� �" r �r � A "'-� x � . � ' ` 5�
� a � � ., � �ry� � 5 " �r +�,�
"�?",y� �',,'ii� ho� .�,�ti^c� �'^* �'� +,' � � °� ���"'"�h�'a
Y�viF, �,�.� ,. .. "��v... � ��Aµ'. �' � �' `��. � i�'�%'���',, � j�w '�'�F,� ,�^,�,
���� . � �5��9.�1CT�WE TL q�D '� � � � �
, '' �tu��r� +�:.� ,..� �r, ��� ' ,...��.�1 �h"."1� �;,, %ti �.�'����� .�p �µ� rl�,rvp ��N ��' ^. � 'I,,
g � y �' �`, �� r
4 �1' �
� � � �.} �G�- �" _ �
� �
�,�� ��'= " �w�; ,�' �� �a,��'� a�� �^'^� � � i4lv� y��
- ,
a�+,, i N'� ����� �: x �;�,� �i r ��l�'� �" �i +� � ""�
��§�� i�� y� �'. R� x�I� ' �^ :. �iG'v��� /Y�� I�•I'I a�. �
��l�y M*� ',y, A��1'F�+�"F"FM' '� �'! �X � • � M I�. �� 4� ,�
+ Bix ..Y� �.'
y ,
i 1� � , l � � r } .
.� * Sp ti:�. ' � ,/i ,,;�, ��� " � � ' .1.�„�. ,
' �� t � JF4 � � �, � :.���. ', . � '. � � Ft w ��V� � .��:
` � i
I� 'rt� +ir ' 4 ��� 'hr, •` ,�." R
� u �';� +�� . n V ''rF� + � � �
♦
� � �' ,� t�D �l�4 k �
��� � , � ���r '# � ' � ��� �,� �,a -
�;, �� �y, e �,. +� " , �,�:.� �� �'Pw,
:h n :; ..� '~ ` w� �� ���b, y�
. �°"�' � �� �� '���"�',�.�.d. . .�,. � � t sa "F�`,,. fi �� .��,;�� ���:,:. „
.
�n� . .�...�iK � � ro���: ;.t < .,�.,� '�� �"i �'���� „ ,�:, JI' ,��� �t. �� � � I�
�� u� �+� �,�F� W
.
,
.
i�. z'': "�q ,�.��' ,;t .��44 Mi,+ E �..,^4�c f 'e'
i I
� � Q � ,�h ';�Iti� � � � ��� �� ��"� �� �� ����
- . 4�� . i�u�,a 1,,,,�r� � � a �t • i'` i � "-"^'�
� "�4�w � � "' �? ... N'��,� �il k�li
"�'�` L :�,�+ ��,��,� '
�r r • v� ,��}� ,�,�r 4�q„ ° �'A:< � �,LL � �� � r`�M�' �R
�, dIFM"� � ��Im, , ,� � '�,,� rT' 'w � � ,� ,�".Rw",�tv w . � ;. .;i
n�i' Z �� � w� 4i1� � -" � � r�t� �w `.; � "�" �, !�
i �`I .i L "` � A �� 'i..'� � ��� �'f'� � .� q 1'�'���4�,. °�1:. K +pp �e,�� � i� � uh '� u
N N�' i �y � '��� �'k` s +,, w'� r ` 'c�„�� �''�"° � �? .�
��I �'iir f� y'd �."'�°'4-�� �� ��.'t,,;, �v."'�� � " , � �r� o, .Y^ �� . � n,�� � . .
�d� � ���' 7 "�.e ^M' ti �':_9 � :�� #' 2:.�� � ' � �
� - � � � �/
,� ' #�i�,, � . , �ya�y1` � "'.� � , ��r� �, ��� .a 'R ...,�.�,a� � '�t���.,.� ;' . p
�
1�'I.� ,... ,y,..., +w-�/� �A{, �µ, p., a� ,.F . A �7'y�:� y F'n ^.:'Yt r,�' 9 «or� �.
2
�4 ��y� 4� u �w��.��� � ��• { �I ��.' � 4 ` '�� � ,.Sy�����+ ' �„
� I �.} ` .. Y a� �� �b �.�
�4n,�,�'w. ♦ " k y+� :,•y '� m a„ k I�� w,,,�,. ., ,1�
. � �.�� �' �"� ry� }s d., �a �a�'^W� i .p
. .. r.
i� u�„� ; � �I� i p �. xy k ,�ip y YM .117�° �/�� �'�.`',e �.
--. , _d ,Mx:h X ��. • ,,.
" ��'4� '"° ^;"� �y�, �„ , .,�' ,, �, ;' " .: , �
N � �� , � ` � ^v �, {
,
.. � 1Mr3r.1 �ro}' wk�' .4 � *4"+. �� � rEp � �� �4"� .w I�..
. . � I°��' �� , �� ,1F�" �,� 'N�'n� '; '�M ��"�'�� 1'\�. � , ,��,
''�` ��° � w�� s r ;���i n� '�� °'`.
� �r-, � � �...�. . �� '�'�'���n'�' ��,��Ml�y i" ��' � � �S�y �� �h�.,�'•q �,�', �g ��i'" �s.,r "�,��h �"�Y���� �'f.,. �..
,
�
�__ ,� ,� � ;`,; . ���y. ,r �'' • ' 'IM..::'Y 4\t►�^ �• � ���;' ��t ;:�yn��'P"�'�,,... . ��� �ji
�� !FI ' �"hM�� '1� �'.. � � •
' � r
� � ....._. "",,,���rn.. �;;, M i:,. . . , 'W
,., i - '�� . � TM�a ,�•
w J . � .. ry' � . u�y :Y i k�� ���I(��.'q I 1 J� ."fh"', � h
�..�
,,.
7 W. , M i �� ^ , ,„;, n
.
� „
� � P
�i
�' ,
" , ���1.4 ,�.
�' �.
i . �, ', .�„ �—,.",.,� ',� �m w+xr' , , � F�i� ,,�4
, * � �� ^' ._.._ � � .i
,�
� .__ �l+�w.. -, .
: _..��
� � ,,.
F � 'w
� ��' OR�TH � ' ,� � , �� �. �.
�' SCA�.E: 1" �^�-�-�._ 1
. k _ �,�, _ �
� ,� 2 �,
,-�.,�. , 0 0 ,
� a
, , y .
• r�s �'«� v� ,, .
...
� �q�,L � PHOT'"�
�",,,� �. .
.
.
_. G
._ AP
�,, r ,� k . . .�„�...,. . , R� :
�r; .. . �. L 1993 �
F a,,�*, ,� �' � �,.����� Source.,Anok nt �� . � ' , ; �, w, � � , , _ �i��
�,
, � , � Co u
,. � ���ym,� � ������m��M�1M
.� � F � � � � � �
� ,� ,� �°��.y�° `� �� m `�P��.� �,.�� �,���r�.��:�� ' ' F i q t�r e ��� ,,,,
, � � "
. u�. '�'�9h� �.iIW, 1� � ...a A�, t�,'.. w,. . , . •k ;bWw . . �. � .
�
,
'
i
�
1
1
1
1
1
1
1
1
1
1
1
1
1
�
�
'
'
'
'
'
'
'
'
'
'
'
1
'
'
'
,
1
'
- === INVOICE
------------
PETERSON Juy13, 1994
E,\\ i����,I�1 L\i�L Fridley-LGU Assistance
- PEC Project No. 94-046
C����SuiTi�vc, I��c. Invoice No. 694004
Ms. Barbara Dacy
Planning Coordinator
City of Fridley
6431 LTP1VPrSlty A���111:�, IN.F.
Fridley, MN 55432
' � For Professional Services Rendered From: May 1, 1994 through June 30, 1994
Hours Rate Amount
•�j�� . Professional Services
Hillwind Townhomes:
' ` , Delineation Review 1.00 $95.00 $95.00
1.00 $85.00 $85.00
_ Correspondence 0.25 $95.00 $23.75
Clerical 0.60 $28.50 $17.10
Egpenses
Mileage 57 Miles $028/Nlile $15.96
5ubtotal: Hillwind Townhomes $236.81
East Danube Residential Development:
Delineation Review 1.0 $95.00 $95.00
. � 1.0 $85.00 $85.00
,
Correspondence 0.25 $95.00 $23.75
Clerical 0.60 $28.50 $17.10
�"� Data Collection 0.50 $95.00 $47.50
i ��
f �� �,,� 1.00 $45.00 $45.00
�
1� Air Photo Analysis 2.50 $95.00 $237.50
Expenses
Mileage 15 Miles $0.28/Mile $4.20
Subtotal: East Dar�ube Residential Development �555.05
` Totino Grace Property:
6 � Delineation Review 1.75 $95.00 $166.25
� ���
�� Expenses �i,�
Mileage 54 Miles $0.28/Mile $15.12 1
Subtotal: Totino Grace Property $181.37 �
TOTAL THIS INVOICE: $973.23 '�
�c1!-��S'S'"��`�S �
TERMS: DUE UPON RECEIPT, 1.5%PER MONTH AFTER 30 DAYS,18%ANNUAL PERCENTAGE RATE .C}���
:_'U�+61'��,i-61!i Snt�r�l,Suit<�_'0' ■ F�li��i,;Llinn��,u�d �i�f� ■ 61�'1;i 1-t;�;r,� ■ I,i�h 11-ti f 1-�;-;� �.,��-�1,' �J
/7
_`�t.� �<.�T�=� f�f��- tiltTT�tC-�:
��+�Y l t(�4 i�
�N �� �-�� �'�
"�ti�r, vU�.i �4��
,
i
I _
- • .-
�_
�
nng 'o���
Water&Soil
Resources
August 5, 1994
Southbridge OHice Building '
155 S.Wabasha Street
Suite 104
St.Paul,MN 55107
(612)296-3767
Fax(612)297-5615
Field Offices TO: Parties on Attached List
Northern Region:
394 S.Lake Avenue FROM: � IC
Room 403
Duluth,MN 55802 Executive Director
(218)723-4752 Minnesota Board of Water and Soil Resources
Fax(21 S)723-4794
3217 Bemidji Avenue N. �: Harstad Companies Appeal of City of Fridley
Bemidji, MN 56601
(218)755-4235 Denial of Wetland Replacement Plan
Fax (218)755-4201
217 S.7th Street The Minnesota Board of Water and Soil Resources is in receipt of a letter
s��te 202 of Jul 15 1994 from Paul W. Harstad. The letter is an appeal on
Brainerd, MN 56401-3660 y �
�2�a>s2a-zaas behalf of Harstad Companies of the June 20, 1994 decision of the City
Fax (218)828-6036 of Fridley to deny a wetland replacement plan. ,
so�tne��Re9�o�: The appeal will be heard by the Dispute Resolution Committee (DRC) of
P.o. Box�5s
H�9nWaY,s s. BWSR. The parties will have an opportunity to present written and oral
New Ulm, MN 56073 � ents to the DRC. After the DRC has heard the matter, the DRC
(507)359-6074 gum
Fax(507)359-6018 will make a recommendation to the full BWSR Board. The full BWSR
1200 S. Broadway Board will make the final decision on the appeal. The parties will not
Room 144 be provided an opportunity to make additional oral arguments to the full
Rochester,MN 55904
�so�;2as-�as8 BWSR Board.
P.o. Box 2s7
1400 E.Lyon Street This is to give you 30 davs notice that a hearin� is scheduled to take
Marshall,MN 56258 place in this appeal on Se�tember 8 1994 before the DRC, at 1:30 p.m.,
(507)537-6060
Fax(507)537-6368 Room 112 of the State Capitol, St. Paul, MN.
nnet�o ae9�o�: Please note that if there is a dispute of facts among any of the parties
Southbridge Office Building and they cannot agree on the adequacy of the record, then the City of
155 S.Wabasha Street
Suite 104 Fridley will be required to submit a verbatim transcript of the
St.Paul,MN 55107 proceeding. In order for the hearing to be held on September 8, 1994,
Fsax(612�296 5615 the transcript must be received by the BWSR on or before September 1,
1994. Failure to do so may require continuance of the hearing to a later
date, possibly sometime in October.
An Equal
Opportunity Employer .
Printed on recycled paper
Page Two
If the matter is heard by the DRC on September 8, 1994 and the DRC has completed its
deliberations, then the recommendation of the DRC will be forwarded to the full BWSR
Board for consideration by the full BWSR Board at its meeting on September 29, 1994.
If the DRC process is not completed by September 29, 1994, then the appeal will be acted
upon at a subsequent meeting of the full BWSR Board.
BWSR desires to make the appeal process as quick and efficient as possible for all
concerned. In order to expedite the appeal process, it is necessary to make certain
preparations prior to the hearing before the DRC. In order to address these pre-hearing
matters, we need to receive additional information from each of the parties. Please
respond to the questions stated below. Your response should be in the form of a letter
mailed to the attention of 8ruce Sandstrom, Metro Region Supervisor, 155 South Wabasha
Street, Suite 104, St. Paul, MN 55107 on or before August 19, 1994. Mr. Sandstrom can
be reached at (612)297-4958. You should also send a co,pv of your letter to each of the
parties listed on the attached list.
Upon receipt of responses to these questions, we will send the parties a letter with further
information on steps that will be necessary to prepare this matter for hearing and whether
the hearing will be conducted on September 8, 1994 or continued until a later date.
Thank you very much.
cc: Jim Nielson, Chair
DRC Members
Bruce Sandstrom
Doug Thomas
Greg Larson
Mary Jo Anderson
Matt Seltzer
' . • Pre-hearing Questions
. Please answer the following questions to the best of your knowledge. If the question does
not apply to you or the answer is not within your knowledge, please indicate as such.
1. Does the attached list contain the correct names and addresses of all parties
to the appeal? Under Minn. R8420.0250, subp. 3 the parties to the appeal
are the appellant, the local government unit, members of the public who
have requested a copy of the replacement plan application, the soil and water
conservation district, the watershed district or water management
organization, the county board, mayors of cities within the watershed, and
the Commissioners of Agriculfiure and Natural Resources.
2. Has the local government unit mailed copies of the notice of appeal to all of
the parties listed in question 1 above? See Minn. R8420.0250, subp.3. If
the locai government unit has not yet complied with this requirement, then
it should do so as soon as possible. �.(� ����, �.�,: ��tS'�� Y�,�u�e� — � � �
� What are the precise grounds for the appeal? This is a question for the
� ���� o
appellant. The appellant sh�ould specif cally state the alleged errors made by
the local government unit. f'�v-}'����
� Did the local government unit make formal findings contemporaneously with
Y�� its decision? See Minn. R8420.0250, subp.3. If so, the local govemment
--�����1 unit should forward a copy of the findings to BWSR along with the record.
c,��/�l�Nc�'`�? �;�t�2v �'C> �'�tc�1�t��
5. Are there d.isputed factual issues? This is a question for the appellant. The
appellant should indicate whether the appellant d.isagrees with any of the
specific findings of fact made by the local government unit.�� --(-�,eK�--r�
�i��� C� �;tw���� J�
6. What is the compos}'�'on of �e record on which�he local government unit
� ! ' 't The
based its decision. T�us is a question for the local government unt .
local government unit should respond in its letter with a list of the contents
of the record and s ould forward the record to BWSR. See Minn.
R.8420.0250 sub .3. � o ��_-
� P 1 � �u�t
7. Has a verbatim transcript of the proceedings before the local government
unit been prepared? See Minn. R.8420.0250,subp.3. If so' the transcript
should be forwarded to BWSR If there is a dispute of the facts, then the city
will have to prepare a verbatim transcript and fcuward it to the BWSR on or �
� � , �-, � 6 ►�j�,
before September 1, 1994. �s `�� �-`� �c�-�n�, c�-�l (�.,,.��n.�.-� a
��.-�
8. If you are a party to the appeal other than the local government unit or
applicant, do you desire to be part of the formal proceedings before the
DRC? If so, what is your perspective on the cit�s decision? ��.�-f�,,�
9. Do you desire to make oral arguments to the DRC? �� � � ��
� � �
10. Do you desire to present written arguments to the DRC. �� � ,
�J �
� Community Development Department
� PLANNING DIVISION
City of Fridley
DATE: July 29 , 1994
TO: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
' FROM: Michele McPherson, Planning Assistant
SUBJECT: Appeal of Wetland Replacement Plan, WR #94-01, by
Paul Harstad; 5470 and 5490 East Danube Road N.E.
I spoke with Bruce Sandstrom of the Board of Water and Soil
Resources on July 26, 1994 regarding the above subject. I
received notification from Paul Harstad regarding his appeal to
the Board the week of July 18 , 1994 . Mr. Sandstrom requested
that I send the staff report, minutes, and any other appropriate
documentation to him for consideration of the appeal . He had a
number of items already in the file on this subject. The appeal
will first be reviewed by the Dispute Resolution Committee of the
Board and should occur during the week of either August 8 or 15,
1994 . I should receive notification August 1 or 2 , 1994
regarding the time, date, and location of the appeal. Once the
Dispute Resolution Committee has made a recommendation, the Board
will decide the appeal at its August 24 , 1994 meeting.
Once I have received notification from the Board regarding the
meeting date of the Dispute Resolution Committee, I will notify
the neighborhood. It is also my intention to attend the meeting
of the Dispute Resolution Committee. Please provide direction as
to what role I should play at this meeting and also provide
direction regarding the presence of the City Attorney at this
meeting.
If you have any questions regarding this item, please contact me. i
MM/dn
M-94-407
a
. �
� �
� �� � a
�
� � t
� � � _ �
� � � � � �
� � � � �
� � �
� � � � � �
a � �- � ,
: -� � . �
. �
. . j � � � �� � � � �
, � �1 � �� � ? o�
`� �" � �=� � Z � -s �
� � -� -� � �z �
� � � � �
� �� -z � � � � �,_ �
:�' �- � .� � � � ..� � -� -- � � � � �- �
� � � � � � c� �- � �
� � � -� � � �
. � - �
. ''`-x . •, •
II_ . . .
. , , . .
— - � . .. _ ,
, � �. ,.._. ,
' �. : . ; , : t
; __ _ ----
. •:.' • , .. ,_ .. . ; : ., �s
�
��
;
.. :
� ` fl
_ , : . . :
__ _ . , . : .. . ,
. { __.
�
I
._.-�.__ _ _ 1 _
_._ . _ . _. .
_.
_
d ,
, . . ` - �
• , . .. , • . � . ` �
i �
. � :
• . - , � �
, .
�
. . ,
. . . ,,
. � .� , . . . . �;
• _ . � • �
. : ;,. . , ,
. . _ , �
. I
,� _
� Community Development Department
� PLA�v1VING DIVISION
City of Fridley
TO: William W. Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
c,.-Michele McPherson, Planning Assistant
DATE: August 19, 1994
SUBJECT: Paul Harstad's Appeal of Wetland Replacement Plan
WR #94-01
We have received a letter from the Board of Water and Soil
Resources regarding Paul Harstad's appeal of the Fridley City
Council 's decision of June 20, 1994 to deny Wetland Replacement
Plan WR #94-01. We have been notified that the appeal will be
heard by the Board's Dispute Resolution Committee on September 8,
1994 at 1• 30 p m in Room 112 of the State Capitol._ Assuming that
the Dispute Resolution Committee can complete its work on that day,
the full Board will act on the appeal at its September 29, 1994
meeting.
We are preparing the necessary documentation requested by the Board
for submittal prior to the September 8 date. We will not be
allowed to present oral arguments before the full Board on
September 29 , 1994 .
This memo is for informational purposes only and requires no action
by the City Council.
BD:ch
M-94-483
r
_
_
CITY OF
FRlDLEY
FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX (612)571-1287
August 19, 1994
Subject: Paul Harstad!s Appeal of Wetland Replacement Plan WR #94-
01.
Dear Property Owner:
We received the attached correspondence from the Board of Water and
Soil Resources. They have scheduled a hearing regarding Paul
Harstad' s appeal of the City of Fridley's decision to deny his
replacement plan before their Dispute Resolution Committee on
September 8, 1994 at 1: 30 p.m. in Room 112 of the State Capitol.
Please note that this is the only meeting that the Board will
accept oral or written testimony. The full Board of Water and Soil
Resources will act on the appeal at its meeting on September 29,
1994 . No further testimony will allowed to be submitted to the
Board at that time.
If you have any questions regarding the process, please contact me
at 572-3593 .
SinGerely, ---...._
�y / ' � ���`��� .'`.__..�._.
� a��,�i, d (i 1,:+ _,
;l �
Mi'�hele McPherson
Pl�nning Assistant
MM:ch
C-94-209
_
. '
CtTY O�
FRlDLEY
FRIDLEY MUNIC[PAL CENTER • 6431 UMVERSITY AVE. N.E. FRIDLEY, MN 5�43? • (6121 571-3450• FAX (612)571-12R7
August 22 , 1994
Mr. Bruce Sandstrom
Board of Water & Soil Resources
Southbridge Office Building
155 South Wabasha Street
Suite 104
St. Paul, MN 55107
Dear Mr. Sandstrom:
This letter is in response to the list of pre-hearing questions for
the Paul Harstad appeal to the Board. The following are the City
of Fridley' s responses to the pre-hearing questions.
l. The list attached to your letter with the names and
addresses of all parties to the appeal is, in fact,
correct. In addition, the City of Fridley has notified
the adjacent property owners who were notified of the
original wetland replacement plan.
2 . I mailed copies of the letter dated July 15, 1994 from
Paul Harstad to Mr. Jim Haertel to the same parties on
the attached list on July 19, 1994. In addition, the
Board has mailed notices in response to the appeal.
3 . TYie City of Fridley made formal findings
contemporaneously with its decision. You have in your
file a copy of the resolution approved by the Fridley
City Council on June 20, 1994 which states the reasons
for denial .
4 . The composition of the record includes the staff report
and the Planning Commission and City Council minutes.
You have copies of all correspondence and staff reports
in your file which was included as part of the public
record for denial of the replacement plan.
I
-
Mr. Bruce Sandstrom
August 22 , 1994
Page 2
5. Verbatim transcripts of the proceedings before the local
government body have not been prepared. We do, however,
have in our file, audio tapes of the Planning Commission
meeting and a video tape of the City Council meeting at
which the decisions were made. If there is a dispute of
the facts, the City of Fridley is prepared to prepare
verbatim transcripts and submit it to the BSWR prior to
September 1, 1994.
6. The City of Fridley desires to make oral arguments to
the Dispute Resolution Committee.
7. The City of Fridley desires to present written arguments
to the Dispute Resolution Committee.
Thank you for your assistance regarding this appeal. If I can
provide any further information to the Board, please contact me at
572-3593 .
Sin erely,
� L�'�( �a-��
Mi hele McPherson
Planning Assistant
MM:ch
cc: Virgil Herrick
C-94-211 '
.��1.�j�9� -�-� �-To � �'�� o _ _
f�Cl/Lrc-�J/\�-�O� �--" _ __
�____._. _ .. -_.
__�._.____._ _-- .� ' ��-- �l-h�-t `l"t� ��-►�tt�v� tt,i_,.�z-3,r4z.. �F11�..-
/ _ _
I� � (� IU f>T VG t.ti.�t-�7�'►2 i�1 �t-u��-u� _ _ __. ----
_ .. t�Z��l2 �nor.J
�
- ---- � .��- V�t-�,— �-�� � W �P C, �! •Q� ��
_____ . . ___
r_— '
i
--.._ _ - — --_ __--_ --- _ ----------- ----------------------
-- ----- ---- ------- --------_ _---__.^___----� ---- ----------
� — -- - -------_.--.__�..�--- ----- --------- ------
'�— .
______---------- -- -----__----- _ ----- ___-----__—_--._----- --- --
I- . ---_..�___.._____�.----.._ �__:___.__�._..----____._�:�_.:__ ___...__._T�� �:
-- ----- _
'�', _-- --- -----------_�v __ --____-____ ---__�;_�_._------- ------------_—__--- - ----
'�I' _----- ----- V_.___^.�---.-----_.____�_ -------------______________ .__-------
-----------
-------___-__ ---- — ---------=------ _�.____ _ .__�_
�
,. _ _ __ _ __ _ _._ __..
_ �
: ; .,___.�______.--- ---_.
. ;
__ ;.
,
. ;
, ��
' _.____....._..._...r __...� __. y
. ____ ._._.__�___..__�_.-----------
.-----�
t
,:
_._ ___�.�__-_----______�___ .__________-___.r.__----_-__-_._ _ ._..._._ _______ .___- ------.. ..___ _.___.___�._________._._.___._
�
,
_..�.___e�.___.___ ----.._._----------------_,__.___._.________ _.. _.._
___._ __ _ ___ _ __ ___._.____ . .._._._..___ _____.
, ----_.____..___.�..
1
..._._.______. __..___ �
----- --______.. _______.._�__.-- --...__ �.
�1 -
_ ..�__.._. - ----- -_-------._.___ � __._______
__.- ---- ---.�_�____ _.___________.__.__�
-______.._---�.. .. ______
�
,_. __.______- _ .� -------- --_---._r___.______ ___._._.._-- ---s.t---._
. 1I
�_____ __�_____----.�__--------------___�____ _�.l___
,
_.._._ _..._._. -._ - _--__....--._._�._� .___M_._..y.�_�m__.____
�)
. � _ �._._._____
._._ ___--_--___. ____.,__ _ .___._____._ ._ .___.__
- _ ____ _ . .___. �
i
i
. �_.__.__�_.,.._.. ._�_..._...�'__'_'_._� _�_..._...�__.___- .�.�
�.._. _.-.____ i
,
- '
-- - _..- --- -----
------- --�-----�-{----------------
i �
-- -._ _ ..__�._..�_ �__..__� -----l�---__....__..__ .�_
�� '
�'
_ _ ._ ______ ___��._�_.----___ _.__�._.__. _-----. ----�..-�,____.------ y�--
_. �_._.,.__...--- ---
-+--. . �i ---_.___- ._._,�
r.--.._.._...__.�________ __.. ____ _,�----- --....,...._� __�.___.�_...-------- -----
_. .�_... ______....,_. .____-__ __._.�__--.�- -_._ �,_.________.___.�.._
1
..^_._____.. .+ '__ . _._ _�_.-
� . _ _ _. .__ __._ _ _ _ ___._ _ _;.
I
--- . ..
. ____...____. __._.�
: ;
� I
- --__.__�._._.__.__._.._. _._. _..---- -__--- _.__._J_ _--- __ _. ._�__ _ ,
i '
-._--.._ _.____. .
-- _ __ _.._ ___:.1__. _. .... _..---'____.�_
; �
._._ __.._.------.�_ ._____. -------___-_------.------__�___ __.__..__._______ _.�__ _ -_. ._--- ......_______.i..t_�...�.,.__�_.__...�..-,--
�I0
r...�_� - --_-----------�__,��.-----._�_�. ' __----------- -+t-
�_..___�-. ,I __� .-
�
' I
� {
_ ._.�.�_ ._._. .:. .�___
_.�_ -----_
--__ ___ ___�---... --------- __�}�__._.
91
,_...:_ .�.+ � _._r-..-.._._.._�._ . � i
_.___.___.._._.__._.___..._..-.'-----..___.___..._..___._......._..___.;�.,.�.��_ -
� _____-
� .' _______�.._.._�...._ . .�--__.�.._.__._...,_._...�.._.___ 1 I .
. ..__............ a...�_,.._�.�.._...r...-......,:,��...,,.,,..._._.,..o......-..,..�_...._,..
, I
. ;
I
�I
� -.���n-� -��� � --
. .
. �� ����c/ G��-�-�.,c�
_ �. t�v �� _ __
� �� � �-�.� ��� � ���� __
� . . ^
....__.__ __ :: �o ���� � �
; , ' . . .
' ��--�-�e�.���� �u���,r�. �����
-..._._ __. __ ��
____-----� � o�i tv� ..�...�--�
��.-
_.___.. _ � t�� G�.t,�icP �Ir
_ _ _ _: -� � � v
% .
--__. __. . ___ .: � ��- ��:� ��.a�Z� � �.� �..
..__._.____. ��� �� ��
�
. -
,
�; ��rU w � �a .� �
� , �
,. . . .
° � �� �
. .�
�____�_____
__ _� —
.
' _� L�� a���u� .o��' U ` �c��c,
I�. _...___.. �o� _ ,
�.. __w_ `��� � � � � �co �e�i�
I��-----__--_--- �� ` �o c�E-�' -�'
� �c,?it�t �
�r-----_..---.----�� � � � (� ✓t./�
� _.._----_--.- � �'�� � ���� .
'�-__-------.--- : ;
�.�_____- ,__ -
_______---ti__---.--.---___.�_._
___.— --------
���...�._. -. _ __ _ _ -._ ____ -- ___ ._ _..___-- _ _.________
;
.
�._._�.___._.__---- ._____.. .. _._. ._..__ . . ____ _ __ --- __ _ _ __ --_._ _.__ ______ _..__.___
��.�.�.._..._._..._�____ _____. __.�_____ _ __ _____ _ ___ _ _ _ ___ _.__ --.____- --_._ _
�___ __ __ __ __ ____ _ _ _____ _._ _--__ _._ - -__ _ __ __ ___ . -- __._ _. ___.__.__._
��
_ ___ _ ---- ._ _ _ __ _ _ __ _
� � �
__ .__ _ _- _ _ _ 1
. , . ,
� ,
_ _ _ ._ _ _ _ _- - -__
t
, � . .
___------------------______ _
_ _ _ _ _ _ - ---__-
� --------- _ _ _ _- - _ ___ _ �
. �
___ _ _ _ _. _ _ - _ � _ ____ _ _ _ __� . _ �� _
, ,
� �I
�{ - - - ___ - -
I'
,�
--- j
_ ' _ --__..__ ---- -- ._
i
_ �
�
, �
� !
-�����1: ��J�! � i���
-- � � �
__. __ -��I J v�F --
- -.
- - .���v1 ��� -
__ -- _ ' _ a11 Qe��.ls -�,� lq�o ��v�� _
v' cx�s�s�io�. o�- a�a,ls --
---- _ `" 4�5cds+�'�laYc�- u/( ViY '�
I • �S d� r�e.�cP�c�'
- . _ _ r
_ 1, � �w� �� ak�Il� �
__ _ ___ _ _ �
, �
--_ .._ ____ __ y ��-�
� ! J�c� ��' �� �
� _ _ � �
�
_ r��- w ���`
d�1'
_ �
��r--�- - -.
�_ __ __ _ - i � `�� ,
,
� � Cc d w�� d� �
� __----- _____ I �
�__--- __ _ __ __ ��,��;� da,-��
------__ -- i � � ���� w,�
;
� v� .
;�
� � i n�csfi �r�-
(�� �w�a�ce�n.�e�'
'� ���
, _�k
�� . . . .... . . .. .. . . . _ . . .. _. . . _-.-:
. _._. _... . . .... .._- ._.. ..___------------_ ..--.__.--------'-------
�.._._------__.----- ____--__ . ._ __.. __ ... . . .. __ . ._.. .. .. .. . _.. . _ _. .
�
. ._�-- __.... __... _..;_._ . . ._... .. .... _ . . .. _..__. . . . . . ..___ . .. . _. .. ._. ._....., ... . ......_... . _.__------_._..---- ----�
I�--_._._-----_.
F-------_._..___._._.__ _..
I�.. -- -- . ._ . . .
----__---------- �
� •
_ .. :.___.__... __�_- - .
� - I
'�--..__ ......__... . . .___.. . . . . . .
-
__--__-�---__ ____ __ .______ _ . _. _ ._ _ _
�
�
. ._:; .
'� -----_ _----_ _ , ,
. ,
„
;� __ ---_.._ ____
i
:, _. _ _ __
_ _ . :I _ . _ __--_ _-
�
, , j
__ '�
. ; i
�
i
---�---;�--_ �___ ____ -- _ --_, _ __- _ ___ _ __ _ _ _
_ __ ___ ._ __ ._ _ _ _ ____._ _.._. _ ___ _
_ __ _ .. ___ _ ___ _._
�
o�� �,�� "-------�` j i
� �
�, ��
.
� � .___- �
� :�' - ---�
, ,
`��
; C � _ ___
. L� , � � _ _ _
� � �� ( ^ ���V
, ,
�', � .
: ; l�- .
_ _ -' _ � __
r /������
_
� (� _ _
_ __ . __ --- --
_� �.
� . , � _
� � , � r
��� f� �i. < ' � . �
..' �' �� � 1��� � ?Z -��- .��-�.s�,
� �-� � � ��� - _ _
'-� � L��ti��� C.���;�-c�-����li� Z��'���i'i _ _ _ _ _ __
I _
� � � �����
_ G�.�C�'t���c,� 7``C
'�--_____---- ) � � � �� � � ���f'����
� ���`��- � � �-
_ _� _ - � ��-�'
�
, �
✓ �n ,��
.
�_.-___.__ � �'� ��� ��.���-- � � � __ .
s� _
. !
.
� _ _,__� ___ __.
_ � ���'���. _ _
`��� ��� ��� ' '�
t �,1 � c' , , �/L2 �
� �� /� `'' S�� ���' G' `=.��� ��" �i�"-e -��t ��
_.____._.__.__. _.___ .t � �
__
, � -�- - ���
G���i�� � , �
�/ �-�� -,�-� � �-� G�'�. -
___.___--- - , ��;?1 �
� ��CL �j'
-------.._ __ ���% /� 1 _.
� r
v=��.--- ��.v2� ��t� - �� l���� ��. fv c,�y�'�-c%
� � ��
�rz� �-�� �-�'✓(.� __ __ __
, �._..--- . . . . Y����� � •` \ " .. .. r _. .
—_________._.___. ____ �i �c�1f ric� � �-c�, c%�t �� _ _. _ __ ___ ______
�'_/�_--___ . _____.� _. __ _.
-_ -- �-� -
� _ ____,_ ____ --
�.__._..__ .. _._— �
-__.._ --�-- � ►� ' �i�i,�,X,� r`� �li _
� �J " _ � ;
��/ ����� ��u ��� C-G G�� � le'�
- --- ���� ���
� _ .
---- __ _ __ _ _ �,;�'�-- ������� �'�� _
._ rv .
_ .
� �-�� �-���'�-��� �-�u, . � S
----_. .- _____ ; � ;
_�-_
--__
- _. _,______
-----_._ ____ _�, ��
_ l.__
, __ ___ - _---
� _ _ __
� ^
__.__ _--- _ _ � : ''�� ,�l ��. e �UZ�/��j �,�,(..� �' L i�
, 9�� _ __
C ���x � , � .��<�
( 7i� ti `'�L�� Ci ���� � '�--�'Z/Y�t��'z.L Gt�� �—.__ '�—�---�----
:. �
� �; �
_ _ _ _ _ __ _ _ I
..____v�- -- - _- __ __ -- -- - - I
-_____-----------------_.-_---- - .
------.-_____.___- ____ __.___ �
------------------------- -___ _ _ _ _ �i
_ _ ;
� ------------ � I
_�____---. __ _ _____ --- ' �'�
_ _ ___-__ ___ __ _ _ ;
�
�
--___ _ __ �
. � ,
_____.______ _ _
- _ __
_ _ __ __ _ _ ;
I
.______---- __ __ - � �
_ _ __ �
�
L
�....�.'�: �'�. ........� ..i.:ti�V'�� �\'�IC]i�34��' �
PropFr-ty necords and Tax�:;o�
ANOKA CQUNTY ANOKa ccu����s�s E ��nAiN s�.,
` STATEMENT OF PROP�RTY TAXES PAYABLE IN 1992 ANOKA, MtJ 55303 421-4760, ext. 1153
� #'��i ',; K�� 34 ��' �� Ci�B� [ . . �4��4�84
Taxpayer: Owner:
LINDSTROM VIRGIL W 9999 LINDSTROM VIRGIL W & KAREN
5555 WEST DANUBE RD 5555 W DANUBE RD NE
FRIDLEY MN FRIDLEY , MN 55432
55432
' gr� ert t�scti :t�ca� >': . ... '' :': ': ;<. . 199t<> ... ;;1�9� ; . . i>
INNSBRUCK NORTH 2ND ADD
LOT 1 1 Properry Class: RES HSTD RES HSTD
BLOCK 2 New improvements N/i� G
Market Value: 183600 184400
7. Use this amount on Form M-1 PR to see if you're eligible for a property .�
tax refund. File by August 15. tf box is checked, you owe delinquent taxes
and are not eligible . . . . • • . • . . . . . • • • • . • � • � • • • • � 0 3825 . 1 1
2. Use this amount for the special property tax refund on schedule 1 of Form
M-1 PR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3922 . 83
YOUR PROPERTY TAX AndHowltlsReducedByTheSfate
3. Your property tax before reduction by state paid aids and credits. . . . . 7465 . 50 7244 . 18
4. Aid paid by the state of Minnesota to reduce your property tax . . . . . . 2705 . 07 2447 . 50
5. Credits paid by the state of Minnesota to reduce your property tax:
A. Homestead and agricultural credit . . . . . . . . . . . . . . . . . . 837 . 60 971 .57
B. Other credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 00 0 . 00
6. Your property tax after reduction by state paid credits . • . • • • � • � • 3922 . 83 3825 . 1 1
WHERE YOUR PROPERTY TAX DOLLARS GO
7. County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 170 . 59 1093 . 62
8. Ciry or town . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . 590 . �2 512 . 27
9. School district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1985 . 12 2050 . 23
10.Special taxing districts . . . . . . . . . . . . . . . . . . . . . . . . . 176 . 90 168 . 99
10A. Tax Increment . . . . . . . . . . . . . . . . . • . • . . . • • • • � N/A 0 . 00
10B. Fiscal Disparity Tax . . . . . . . . . . . . . . . . . . . . . . . . N/A 0 . 00
11.Total property taxes before special assessments . . . . . . . . . . . . 3922 . 83 3825 . 1 1
12.Special assessments added to this tax bill. . . . . . . . . . . . . . . . 0 . 00 0 . 00
13.Your total property tax and special assessments 3922 . 83 3825 . 1 1
'I 14.Pay this amount no later than May 15, 1992 . . . . . . . . . . 1912 . 56
�� 15.Pa this amount no later than October 15, 1992 . . . . . 1912 55
_ Y . .. .:.:... .::::.::::::.. :.... .:.....:.:.: >::::
�.��k.#��..:�"��,�,,,� �,� � i�ayasi�92� : ' �eaE estz3Ye�axes ;
F#R�T ��L�` T� ��ym�����s� K
;
�` < �"WiS�TE1� W�'i'H ��Yts���d'T
R�'I'i1Kt�s1't'�f1S:�Ti�B�A�I�'�€Wl�`f#�tl��l'C . :. < `.;:�t�7E1E3t� '
___ .,. _ ..:.
__. _
TO AVOID PENALTY,PAY ON OR BEFORE OCT 15 TO AVOID PENALTY,PAY ON OR BEFORE MAY 15
PLEASE INCLUDE PIN NUMBER ON CHECK PLEASE INCLUDE PIN NUMBER ON CHECK
P�N� R24 30 24 42 0085 HNA 00494584 P�N� R24 30 24 42 0085 HNA 00494584
MAKE CHECKS PAYABLE T0: ANOKA COUNTY MAKE CHECKS PAYABLE T0: ANOKA COUNN
325 E.MAIN ST.,ANOKA,MN 55303 325 E. MAIN ST.,ANOKA,MN 55303
PAY THIS AMOUNT 1 g 12 � 5 5 PAY THIS AMOUNT 1912 , 5 6
LINDSTROM VIRGIL W 9999 LINDSTROM VIRGIL W 9999
5555 WEST DANUBE RD 5555 WEST DANUBE RD
FRIDLEY MN FRIDLEY MN
55432 55432 �
004945842000191255 004945841,000191256
00494584F000382511
�Nf�!!`n.'rc �,nnqGec�rnoo,GrT�nn�c nni qn(�;k I�Jni(�l�7F nnnqGCS C('1Rr7cr7�nN5 C�N AA�k
��',.,.. �, ".^ TfCska. ,^.,vis,�� ""a -:ger:
,�l�E��F� 1.���3 I� F�op�rty Recorcis a,.^ TaxaUon��
:,NCKA COUNTI`3�6 E MAIN ST..
, STATEMENT OF PROPERTY TAXES PAYABLE iN 1992 /1NOKA, MN 553C3 421-4760. ext. 1153
I'iN. R2� 3Q �� �2 �G�1 ��4�4���
Taxpayer: Owner:
HARSTAD COP,4PANIES 9999 HARSTAD KEITH T & DIANE
1900 SILVER LAKE ROAD 2191 SILVER LK RD
NEW BRIGHTON , MN 55112 NEW BRIGHTON , MN 55432
�ro 'ert Descr� :�ian. < ; '1�9� t99�;:;. ,
, _ _ . .. .: , .
_. _ __ ..._:.
INNSBRUCK NORTH 2ND ADD
LOT 6 Property Class: VAC LAND VAC LAND
BLOCK 2 New improvements N/A 0
Market Value: 6900 6900
1. Use this amount on Form M-1 PR to see if you're eligible for a property
tax refund. File by August 15. ff box is checked, you owe delinquent taxes
and are not eligible • . . . . . . . . . . . . . . . . . . . . . . . . . . � 0 . 00
2. Use this amount for the special property tax refund on schedule 1 of Form
M-1 PR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 00
Y O U R P R O P E R T Y T A X And How lt ls Reduced By The State
3, Your property taX before reduction by state paid aids and credits. . . . . 608 . 02 620 . 65
4. Aid paid by the state of Minnesota to reduce your property tax . . . . . . 248 . 16' 242 . 17
5: Credits paid by the state of Minnesota to reduce your property tax:
A. Homestead and agricultural credit . . . . . . . . .. . . . . . . . . . 0 . 00 0 . 00
B. Other credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 00 0 . 00
6. Your property tax after reduction by state paid credits • . . . . . . . . . 359 . 86 378 . 48
WHERE YOUR . PROPERTY TAX DOLLARS GO
7. County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 . 38 108 . 21
8. Ciry or town . . . . . . . . . : . . . . . . . . . . , . . . . . . . . . 54 . 15 50 . 69
9. School district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 . 1 1 202 . 86
10.Special taxing districts . . . . . . . . . . . . . . . . . . . . . . . . . 16 :22 16 . 72
10A. Tax Increment . . , . . . . . . . . . . . . . . . . . . . . . . . . N/A 0 . 00
106. Fiscal Disparity Tax . . . . . . . . . . . . . . . . . . . . . . . N/A 0 . 00
11.Total property taxes before special assessments . . . . . . . . . . . . 359 . 86 378 . 48
12.Special assessments added to this tax bill. . . . . . . . . . . . . . . . 25 . 15 23 . 60
13.Your total property tax and special assessments 385 . 01 402 . 08
14.Pay this amount no later than May 15, 1992 . . . . . . . . . . 201 . 04
15.Pay this amount no later than October 15, 1992 . . . . . . . . 201 . 04
�7��i.i�#J ��A..� ��� < � �raye tbie 1 92� #ieal�sTate taxes `
; ����T �t�1�.F` T�� ' ��e�����gz �
��ur�� �r�i� ��ua�ar�a���n���r �>
F��'Tilf�td THfS S�'�IB.1t�tf�'N F��i�'M�t��' '
,.-.:. _ ,. _ ,;:
TO AVOID PENALTY,PAY ON OR BEFORE OCT 15 TO AVOID PENALTY,PAY ON OR BEFORE MAY 15�
PLEASE INCLUDE PIN NUMBER ON CHECK PLEASE INCLUDE PIN NUMBER ON CHECK
P�N� R24 30 24 42 0081 NA 00494539 P�N� R24 30 24 42 0081 NA 00494539
MAKE CHECKS PAYABLE TO: ANOKA COUNTY MAKE CHECKS PAYABLE T0: ANOKA COUNTY
325 E.MAIN ST.,ANOKA,MN 55303 325 E. MAIN ST.,ANOKA.MN 55303
PAY THIS AMOUNT 2 O� . O 4 PAY THIS AMOUNT 2 O� . O 4
HARSTAD COMPANIES 9999. HARSTaD COMPANIES 9999
1900 SILVER LAKE ROAD 1900 SILVER LAKE ROAD
NEW BRIGHTON , MN 55112 NEW BRIGHTON , MN 55112
0049453920�D0201D4 DD49453910D0020104
00494539FOD0�402D8
INDICATE ADDRESS CORRECTIONS ON BACK INpICATE ADDRESS COPRECTIONS ON BACK
__...�.:. .�. Trnc:;.'. fl��.�;;r�nn P;;::n:-+��c'�.
Ai��KA �vi1NTY Pro:;ern;Reccres ���Tarar�o,; v
ANOV'w COUNTY 3?� � MAIN ST.,
� STATEMENT OF P�OPERTY TAXES PAYABLE IN 1992 ANOKA, MN 55303 421-4760, ext. 1153
#'i�i.;; t��� 3G 2� �� fl�8�> �€���4��� ;`
Taxpayer: Owner:
HARSTAD CDMPANIES 9999 HARSTAD KEITH & DIANE
1900 SILVER LK RD 2191 SILVER LK RD
NEW BRIGHTON , MN 55112 NEW BRIGHTON , MN 55112
Pro ert f�ssct� t�on > ;:. '1991: ' 99� :
___ _
INNSBRUCK NORTH 2ND ADD
LOT 5 Property Class: VAC LAND VAC LAND
BLOCK 2 New improvements N/A �
Market Value: 6900 6900
1. Use this amount on Form M-1 PR to see if you're eligible for a property
tax refund. File by August 15. If box is checked, you owe delinquent taxes
and are not eligible . . • • . • • • . . • . . • . • • . . • . • • • • • • � 0 . 00
2. Use this amount for the special properry tax refund on schedule 1 of Form
M-1 PR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 00
Y O U R P R O P E R T Y T A X And How /t /s Reduced By The State
3. Your property tax before reduction by state paid aids and credits. . . . . 608 . 02 620 . 65
4. Aid paid by the state of Minnesota to reduce your property tax . . . . . . 248 . 16 242 . 17
5. Credits paid by ihe state of Minnesota to reduce your property tax:
A. Homestead and agricultural credit . . . . . . . . . . . . . . . . . . 0 . 00 0 . 00
B. Other credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 00 0 . 00
6. Your property tax after reduction by state paid credits • • � • • • • • • � 359 . 86 378 . 48
�WHERE YOUR PROPERTY TAX DOLLARS GO
7. County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 . 38 108 . 21
8. City or town �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 . 15 50 . 69
9. School district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 . 1 1 202 . 86
10.Special taxing districts . . . . . . . . . . . . . . . . . . . . . . . . . 16 . 22 16 . 72
10A. Tax I ncrement . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A 0 . 0�
10B. Fiscal Disparity Tax , . . . . . . . . . . . . . . . . . . . . . . N/A 0 . 00
11.Total property taxes before special assessments . . . . . . . . . . . . 359 . 86 378 . 48
�2.Special assessments added to this tax bill. . . . . . . . . . . . . . . . 27 . 36 25 .69
13.Your total property tax and special assessments 387 . 22 404 . 17
14.Pay this amount no later than May 15, 1992 . . . . . . . . . . 202 . 09
15.Pay this amount no later than October 15, 1992 . . . . . . . . 202 . OS
Real�sYaie t2xxes � �eaT est�te�axes
���C�N� H�L� �',�,� ���,�� ,99z ,�IR�T ��1�.F` T� ; ��������9� f
��u�� �rt�i� ���.�u,r�€ ��x�r�n��r '��~r��� rt�is��rug :u,��r�►������r
.. _ _ _ _ _
_
TO AVOID PENALTY,PAY ON OR BEFORE OCT 15 TO AVOID PENALTY,PAY ON OR BEFORE MAY 15
PLEASE INCLUDE PIN NUMBER ON CHECK PLEASE INCLUDE PIN NUMBER ON CHECK
P�N� R24 30 24 42 0080 NA 00494520 P�N� R24 30 24 42 0080 NA 00494520
MAKE CHECKS PAYABLE TO: ANOKA COUNTY MAKE CHECKS PAYABLE TO: ANOKA COUNTY
325 E.MAIN ST.,ANOKA,MN 55303 325 E.MAIN ST.,ANOKA,MN 55303
PAY THIS AMOUNT 2 O 2 O$ PAY THIS AMOUNT L O G . O 9
HARSTAD COMPANIES 9999 HARSTAD COMPANIES 9959
1900 SILVER LK RD 1900 SILVER LK RD
NEW BRIGHTON , MN 55112 NEW BRIGHTON , MN 55112
D0494520200002�208 D04945201�DOD20209
OD494520FOOD04041?
INDICATE ADDRESS CORRECTIO�JS ON BACK INDfCATE ADDRESS CORRECTIONS ON BACK
1
August 32, 1994
�I
T0: Bruce Sandstrom, Metro Region Supervisor
155 South Wabasha Street, Suite Z04
St. Paul , MN 55107
FROM: Patricia R. Freeburg
5557 E. Danube Rd.
Fridley, MN 55432
RE: Harstad Companies Appeal of City of Fridley Denial of
Wetland Replacement Plan
I will be out of town on September 8 , 1994 and therefore am
writing this letter to voice my opposition to granting
Harstad companies appeal .
Mr. Harstad has not properly completed his original
application concerning wetland replacement.
There has been illegal filling on the two lots by Harstad
Companies . Until all illegal fill is removed, there is no
way to properly assess the amount of wetland that must be
replaced.
Harstad Companies has no plan to replace even the current
wetland in the proper ratia.
Harstad companies had agreed the lots at 5470 and 5490 East
Danube Road were "unbuildable" and had quit paying taxes on
the land. I have discovered that my house was built on an
"unbuildable" lot. Believe me, you are doing no one a favor
by allowing any filling or building on such lots ! '
If you allow Harstad Companies to fill in the wetland, there '
will be wet basement problems on both East and West Danube. ',
I have all ready experienced problems with dampness since the ',
� illegal fill occurred on those two lots. 'i
For thses reasons, I strongly urge you to deny Harstad I''
Companies appeal .
_� ,
, .�
,
!
' {
' :_ �.,� - .t.'" :�e' ..
ic � . �.,. J
. , : � i. l._C'
Patricia R. Freebur•g �"~
t • '
� September 1, 1994
�
�n � To: Parties to Harstad v. City of Fridley
��ter So�
� From: Bruce Sandstrom, Supervisor
BWSR Metro Region ��""K- .
Southbridge Office Building
155 S.Wabasha Street Subject: September S, 1994 Wetland Appeal Hearing
Suite 104
st.Pa�i,MN 55107 Our File: 94-1-WCA
(s�2�2ss-s�s�
Fax(612)297-5615
On August 5, 1994 a letter was sent by this agency to each of the parties
F(eld Offices of record in the matter of Harstad Companies v. the City of Fridley.
Besides serving as a notice of hearing, the letter contained a list of
"°'�r'e�"R°fli°": questions related to the matter aimed at txying to focus on what the
394 S.Lake Avenue
�oom aa3 primary issues are.
Duluth,MN 55802
Fax(2 8j 723-4794 Only the City of Fridley elected to respond to the questions within the
32„s�m;d�;A�e��e N. time frame provided. Enclosed is a copy of the City of Fridle�s a.nswers
Bemidji,MN 56601 for your reference. Based on the response, it has been decided to
�2'8�'s�-a2� roceed with the scheduled hearin before the BWSR Dis ute Resolution
Fax(218)755-4201 P g P
2,�s.�m st�eet Committee on Sept. 8, 1994 as originally scheduled. The hearin� will
s�;te�02 start at 1•30 v m in Room 112 of the State Capital Building, St. Paul,
Brainerd,MN 56401-3660 MN, No verbatim transcript of the City of Fridley's proceedings will be
p�(28 g&g 8_6036 required of the City at this time. Please note that I'm also enclosing a
chronological summary of the documents contaaned in BWSR's file on
so�ne��Re9�o�: this matter for your reference.
P.O.Box 756
H�9nWay�s s. p�ies intendin to submit briefs should send them to me as soon as
New Ulm,MN 56073 g
(��>��74 possible prior to the hearing to help e�idite the process. If briefs are
Fax(507)359-6018 filed at the hearing, at least 10 to 15 copies of the brief should be made
1200 S.Broadway available at the hearing for the DRC, staff and parties present.
Room 135
Rochester,MN 55904
�5°'>2s�-'4s$ Enclosures - Fridley response to questions
F�`�so��2ao-2s'S - summary of file documents
P.o.aox 2s7
1400 E.Lyon Street
Marshall,MN 56258 cc DRC Members
�5°'��'-s°6° Jim Nielsen, Chair
Fax(507)537-6368
Doug Thomas
Metro Region: ROIl HaPIISCk
Southbridge Office Building Jlril B1T�101Z
155 S.Wabasha Street Matt Seltzer
Suite 104
St.Paul,MN 55107 Jim Haertel
{s�2�2s2-s��s Dou Norris MDNR
Fax(612)297-5615 g �
a:harstad.m2
An Equal
Opportunity Employer
Printed on recycled paper
�
File Chrnnology & History
Harstad v. City of�idley
by BDS, 9/2/94
Below is a chronological summary of the documents in BW5R's file relating to the appeal
filed by Harstad Companies on the City of Fridley's denial of a wetland replacement plan
under the provisions of the Wetland Conservation Act.
June 6, 1993 - letter from area resident Sue Williams to Pete Fryer (Rice Creek
Watershed District Engi.neer) expressing concerns about Harstad
project.
April 14, 1994 - Hazstad Wetland Replacement Plan, Rice Creek Watershed District
file # 93-61
• The Proposal: applied to fill 2,500 ft.2 of wetland and for 5 ft.
variance for front yard setback (2,800 ft.2 of filI needed without
variance),proposed to replace by creation of 2,500 ft.2 of new wetland
on-site.
• PUBF wetland on NWI, PEMC fringe in project area
• Exhibit 1: Location Map
• Exhibit 2: Grading Plan
• Exhibit 3: Wetland Narrative
• Exhibit 4: Wetland Seed Mixture
• Exhibit 5: replacement plan
� A ril 19 1994 - date of C`i of Fridle E B Monitor Notice ublished in EQB and
P � tY Y Q � P
Fridley Focus News
- published on May 3, and May 10
April 29, 1994 - letter from Rice Creek WD to Harstad saying replacement plan
satisfies RCWD permit requirements
May 11, 1994 - letter from Paul Hazstad to John Jaschke asking for advice on
Exemption #24 and other matters
May 18, 1994 -letter from John Jaschke to Paul Harstad responding to letter of May
11. Said decision must be made by the LGU based on the evidence.
May 18, 1994 -letter from Tom Fisher to City of Fridley expressing opposition to the
project.
May 18, 1994 - City of Fridley Staff Report on Issues presented to the May 18 City
Planning Commission. Gives summary of history of subject parcel.
Page 2
Summary/Chronology
Harstad v. City of Fridley
9/2/94
May 18, 1994 - excerpt from minutes of May 18, 1994 Fridley Planning Commission
meeting covering the Harstad project
June 16, 1994 - letter from City Attorney Virgil Herrick to city staSf providing legal
advise on the Harstad project
June 20, 1994 - excerpt from minutes of June 20, 1994 Fridley City Council meeting
coveri.ng the Harstad project
June 20, 1994 City Resolution No. 51-1994 denying the Harstad replacement plan
June 24, 1994 - date of notice of denial which City of Fridley published in EQB
Monitor on July 11, 1994
July 15, 1994 - letter of appeal from Paul Harstad to BWSR (Jim Haertel)
requesting review by the BWSR under Chapter 8420.0250, Subpart 1
(denial of replacement plan) and under Subpart 2 (exemption
determination)
July 18, 1994 - affidavit of mailing of letter of appeal to the City of Fridley by Paul
Harstad
August 5, 1994 - letter from Ron Harnack to parties to the appeal noticing the Oct. 8
hearing and asking for answers to specific questions
August 22, 1994 - letter from C`ity staff (Michele McPherson) responding to the
questions asked by BWSR. Note: This was the only response from the
parties.
a:harsta.d.sum
� _ _
, �
Harstad Companies
September 6, 1994
Mr. Bruce Sandstrom, Regional Supervisor, Metro Region
Board of Water and Soil Resources
155 South Wabasha Street, Suite 104
Si. Paul, MI�� 551(17
Re: Appeal of decision by City of Fridley
Lot 6, Block 2, Innsbruck North Second Addition(Anoka County)
Dear Mr. Bruce Sandstrom and BOWSR:
I am submitting this letter in support of our position for the hearing on September 8, 1994 regarding our
proposal to fill wetlands on property in the City of Fridley. The City of Fridley Plantiing Commission
denied our wetland replacement plan at its meeting on May 18, 1994. The City of Fridley Citv Council
subsequently denied our request for a wetland replacement plan(City resolution#1�-1994)on June 20,
1994. Specifically the City ruled that we«�ere not exempt under the Wetland Conservation Act of 1991
and that any exemption could only be granted by the Board of Water and Soil Resources.
Pursuant to Minnesota Statute Section 103G.2241 Subdivision 1 (a)(24)property is e�empt from a
wetland replacement plan when development projects have received preliminary or final plat approval,
infrastructure has been installed, or local site plan approval, conditional use permits, or similar official
approval has been granted by a governing body or government agency within five years before the effective
date of the statute. For the following reasons,Harstad Companies believes it is exempt from preparing a
wetland replacement plan or following the sequencing rules as required by the Wetland Conservation Act of
1991:
1)V►Ie purchased the property with the intent to build upon it.
2)�'e received site plan, preliminary plat, and final plat approval in 1976. The final plat is
currently on record at the Anoka County Recorder's office.
3) Se��er and water were stubbed to the parcel and paid for by Harstad Companies.
4)We received a land alteration permit in 1986 to correcl soils on both the subject
property and an adjacent lot.
T'he above mentioned reasons are sufficient euough to provide a�i exemption under the Wetland
Conservation Act of 1991. Because Harstad Companies received final plat approval and prepared the lot
for home construction, any attempt to limit our previously approved right to build on the property would
interfere with our investment-backed expectations. As recently as December of 1986,the city consented to
�/A��,�6w�\
�/,N--N\`�
fff/YtlY Y�� „�qgg Silver Lake Road • New Brighton,Minnesota 55112 • Phone 636-3751
a rr �
~""°P Z�p! REALTOR�'
L(
_ t . ,
replacing soils on the lot in order to make the lot buildable. Based upon the City's final plat approval and
the subsequent approval to fill the lot as necessary, it remains clear that both the City and the property
owner intended to build upon the subject property.
The City has denied our request to fill wetlands on the subject parcel pursuant to our wetland replacement
plan for the following rea.sons:
1)A feasible and prudent alternative exists which avoids impacts to the wetland.
2) Section 205.27.OS.D.3 to the proposed replacement ratio is less than the 2:1 ratio required by
Section 205.27.10.D.
3)The petitioner failed to submit the information required by statute and ordinance.
Harstad Companies dces not dispute point#2,that the proposed wetland replacement ratio is less than 2:1
(it is l:l). We also admit that the replacement plan submitted to the City of Fridley has not fully complied
with required statute and ordinance on replacing wetlands (point#3). Harstad Companies maintains that
our effort to mitigate wetlands and our submittal of a wetland replacement plan, although incomplete, is not
required but is done in good faith to show the City and neighborhood our intent to maintain the wetland and
drainage area in as good or better condition than its current state. We consider the City's request for
additional information as cost-prohibitive and unreasonable considering our original argument that the
subject property is exempt from submitting a wetland replacement plan under the Wetland Conservation
Act of 1991. Harstad Companies dces not dispute that the City of Fridley has objectively and fairly
performed its task as LGU.
For the record, however,we do dispute the City's assertion that a feasible and prudent alternative exists
(point#1). Building a smaller home on the site, constructing the home with pilings, or combining the lot
with the adjacent vacant lot to the North would reduce the marketability of the lot and would interfere with
our investment-backed expectations. Harstad Companies maintains the position that the subject parcel is
exempt from the Wetland Conservation Act of 1991, and we are therefore not required to submit a wetland
replacement plan or provide information at the level of detail requested by the City.
Accordingly,we respectfully request that the Board interpret the sta.tute and rules to provide for an
exemption on a subject property when final plat approval has been received and filed with the County.
Sincerely,
HARSTAD COMPANIES
,-i : --_.�
-, - .-
; � ,,��,,,-
. ,-�,/, ,�. �
Paul W. Harstad
cc: Barbara Dacy, Community Development Director, City of Fridley
�1►w� �,wtr�n-i
: 1M�.v�l T',�;�
. - �.i� ��,� '
� ��� ����
_. 1-ed .-1��--- ----
_ :7 �'� � %�9
-- -_ _ _ __ __ �� ° iM�--�� _ 5��-- � �`��-
_.. _ �u� � �,�.r��i�t,��ro,�.� f�i-- �r-l��.i�i,.- ��fs ____ _--- __ _ _ __.
� �
,
� ��"�"r' (N�J �'� r��i'iDv�t�:Y_. _.. _ _ _ .. __ __..__
-
�' .. /s� �l i.Mr�-r� �--� �b i� _
I� X-t i Nu'T�'� `^ �t v[-�`( �t��T' �'_�'L_lI� �
._ �
�_„
` ------ ;: � yL4�l`1 UTC' `-� -{-�'t���T� ���'.'�-- '�"'"�'' �' 'v�% '�_ �
__
� _ . _ _ � � .._____ —
�
�,.. __
,-
� �� � �� �- _ _ _
�wc _ �s�v� � _ _ ___ �-��-1�_ _I��, --� ,k
, ._ �
-� --�
.__ ----
--- - - __ _ .� �� ������. �� �.�r����� _ -� _.____.__.-_----__
� � ��.� L;l� l�1�T" t�d°G��_ Y' ��c�'wc�ye:1'�
- --.__ _.. �
, ,
� �� `-1"�f.�ir.2� ��;�z;�d G2G'�
_.: _ _ l�2G r�'i✓�wt_ • _
� - -- --____
---- _ _. u�o�� ('�17� !S_ NG' Li.';��G7��- f�.( l b�i�j
� l /
I�_ _ ._ . _
' l�i�ryh.(I�/Ly LG'A.il�ll�SIG'/�-� �((!l.lUiZ� "� 1��%f�T � ����� .
---r. _. _ I _ _ _ -- ---._._ _
i ,
� � ,
� ���_
I� ----!-_ _
'I _ .
- __ L-i sT G 1= .►�v�;v�.�5 w i Lc.. ST�-� � _
_ --
�
'�--
-__ Y_ i�f'� �-��f/—+�.� _ __-----
�� .
4
r. �X���{.l� �Nl�C7�.4' 0�= �C�.��i it�N �1� "'
+ . _ _F�l�1 Pv't.l-T_ � .-�",�,1�L�I�.CT-� �(��4t�T1�� �!S� _ --
, ,
_ _ ___ ____----
----------
� � I�I h-I�t� t�leJ�'f._ !k: �Cv.��C' +I �!'��'1'l1%�7l-i `i KC C-4'�`( �_ t_,-�,�+s�'i�t.%A1277�,�
� 2
:. . w4� �-L�E� �� ~�U�rv�DlCit-[Oh.l � _-
_ _ _ _ _ __. _—
: _ �� F�C�'l l/�TY f�� l�� �-�ZS�-i�l C ty �1.�'-�M.� c3�..1 LU I CY —
_'"___..
� _
��'�3F� � - � . _ _ _
l...y�t�'vT� �i�-l� ��r'� `3,1�� l� t,�-
' ` ��� �����- tC "�'
-- . . � �� �,..aaa--. �t..� ��-Yt,a�,�tz- w��
�
I�------ - --- -- - /�.(,��.. �i��r�D �� � C..��
------------- _._ +�r � 1�� -��-�-v ��
------__ _ _ . . . 1�. �c�� �i�I��l ?)
--- _ _ �j V.ew.� � w�- � �Pa�� �
-- __ _ .. -� t�o���� -t--row�'---�
__ �� w��� iti 1°�)��� �a r�z-�
_ � ►'��rr-
--- -- � �r� ;�-re�r-c�c - t-��°+-�rr— w�S
�----- __
__ __ 15�c�e:� '�I7� ��tt�tr '� �`���-c�x..t-� (.c1�-«'
li -t+aw'�-- �..io-r c:c.'T►--c-�.zS� I I+�A�'Y I°1"�'�P�
�_ - t�o �Ui�ri : ►���.cT'
� +
II''r--_- —._ . . � -l-�i�JS'� ��! '�1�tT-
�_ __ �^- L..A�i[L-- Y�� -�j�?J�_
���t C�N Gt�t�'T�oL wG�cIL��G-�
---
- -._ _._
� _ _ _ �-- �� �i ��
__
___ � _
� � - .
���
_. �-�.� ��-,n,� .u�- '�,a� �o-r- ���Y' i��( �/�.
�',�_— __ �'PU E5 -
� �
M
'r_ __.
' ----- . � �it1`�f �t.!ev� c�t���.t� o+..r� t,�' i s �F �nlo�r C.r�,'l-[�'�
--- I `r-'
F`-�t P��� hz�t�n�=e�
� _ ��i�t t�A�E ./�aP.e� - �'Ttoi•l �F u�t,�-N� ,
__ _ _ _ _ __ _
�"7�-til � �� '�11�1.p�
-----"--_._-----'_}: . . . ... . . . .. .. . . . . . . . . . .
��___._�'. � �C�-��e�r�v�— �s � �� . .�� � �-�.�a,P�e���S
I.
�r-_-------- ' � we.� ,� ���� ( ��� �Y �
� 11�-f 6��7 tJ P�tt`i�� � t�i rf� Cc`;&�—
�---__ ---,: r�-►� o-�-
------__. _�___�f �,��?,n„�� �— vo�e.����,�,�-z,�
" ���.�� Fel?- uf��L� Br�Ft,Y �-�� ���`r _
. . v�+,..��
� --------_--__--------__ ___---------------------—____
�------
��--------------=-- --- ----- --- _
' I
•�---------_-- __.___ _---_._.__._�._�__ �
�
� ------�---------'�-'_..._____... .... _...---__. ..____..-__.---.,._._..- ------._ '_'--�--_.--�------�---- .
��..._.------'--- ----.-.-'__...------. ._,:_.__.. .._--___.., ._.__.�.�------_...____..�.----
. .__�_--�--_-
_�
I ... . � � . . ._.___... _,...__._..._.__....-�----------_ _--_—�.�.;
--� ,�.. .. .--� �---_:_.� .._.__._ _ .____. _.._.__ .. .__ . ._ ..- _-- .-___�--. .._ __.__ . _........---._.-_--.--.-_-_-�.._�-.._�_
__-_
�-.'._.._�_----.__ _.�.`�__. �._�._�. .__._. _.___.....�.-.. -- -�.. ._. _. . .-'.�— �. . . ..
�--"s""'-�--'--- �--- ---- ------'--------__.----- ��__.. � � ..
Ilr-- ----'�._.-�--` ----------------- . . . . � � . ..
. .
�-�r. �_.�.�_._..._ __._.__---.___ _...�._---__.---_.-._--�---�--------_.__-.._---..__.------. � ._. .
I� � --------...�_._.__.. ___`_... .._. ._.._...-- -.__ ._ _. .--------'-------`---- '--"'------- -- ._�
�_�.,..._�..._____._..- . . .
--.__._�._�_._ ._. . ---�----^-��__.���_._.__..._._ .. ..__.__---�--...__._..�..,.---�--_.....'--. ._ . ...
, i
: ; _. _.._._.�
i_ . __ _.__.._.__ ___. - '
__ __. __.____..__�.
,.._._.._.
I�__ . . ' ' .
t� ----------..._._.�.-_-_..-
i :
� _.�_...__._._..-�--------____ T___.___..__-----, •
�
i .
�; _ _._�__�___ , I
w._..�_._._ __�� ___.__.
_----_ -----__..__------ ..__---__-.---
_� ._. .�1- -__ ._._._.
....__w.�_.--- - ------
-- __- ....__-__---- .---___--- _____.,___---_
__.____�.;. . _ ___._..----__._._
1
� _..t � ._._____ _____ __..______��.;;..
! ;
,
�
._...,_ _.____.__�. ._______.__.._.___� ---.- - _
' . �
-_...___.__.._._..._. _ ____v__. ,
�
,_...� __ __.__ _____._
i .
__._.- ---__ .__. _..------___ ---- ____ ;
,
_... _. .,,..._..___ �
� ._-.___�.._---
__' ,.___...... .,_.� '__.. . _..,_..._..._ _..�..__...-...... 1 .
� ,
.
u • ,
�...�--�'"-^'�---�_..� _�-� — �_- ...___ ... . 1 � . . .. . .
_..._ ._.__...._"'.__.___._ .,..___.___..___.___.._'_ .
t
' �
...��_ ._.,�..._�_.—_ ..__.�_,.___—.____._, ..._.____.__.__
..._...__.........._-_.. ..._..__._..___._.._,_..._.�__�....._._ �. .. . . .
, , � � i
�
�.�.�.«_.._. .r..�__.__""_"._.._.._....�_..__.�.._.,.'_'..._ _
..�._ '_.__....._.._.. ..__.___.__..__.._..'_'_"___ � � _
. . __' _._..___..__'"'"�_._ _ ___�_ �___ �.�. .. . ... .
1 ?
�� -.....�.�.�.�.� � _..�.....�_....___......_... . � ` __._..^ _.... ...
_._`"_ _'_'�.�.___'__""'._'_""_..._"_ .
.._.._._�_.___'�___"'___.__..____. ___...„�._...._..___._ _. _._..._.�.. . .
�
��
,�� �
"�....__.�.'� '_'»_'.._.�._.._.�_____..._..�.._.___._...�._.___.�__�..""_,_.�'.__".���_.,...._..��..�.
. . ..,La.�_.._ ..•-.�.."-
1 ;
f ,
.
�__._.y, , --- —._—..�_�_._._._...__._____._...�._----_. . '3 .
. . ._-_��... ,_ _�.'- _ .
� �
1
, . . , . . . ; , .
--- - _.,-.__...__�...__-__�....�-�_.._,— �— __...__....,_____�""._'_'__'�__�..__�__..�._.._.._._...�..._� _.-.n--.--�.-,_���..,�_ � . .
�
t !
i .
�
_.��_�__...>_�...__�""_.�__..___'_._..�_..�__..,, '
__-. .._._.....____.�.._.'_._""-_".w__..__._.__"'
�r,
�
' ._....,..,._�.,._ ._�__._._...._ '�'......---_`__'__�_...._..�_ . . ' ' '
__.'_"'_'__._.._'___ __'__.__._'_'_ �
, . '__� ___..._.�.__._�____.—.�....__...
� '
j '
. � ;
� ..�.�..��.,�_ _ __ .._-_'_._-..... _.._.___'�__ - .�
'_"'_'.___"_'_._. ._.__.__..____ ... ._. ._..._..,_ . �
..._...._._� ..._.�1._..._._._,
, #
. . —__ _... �. �_...._.__.___.�.�_____.,._. .._...__...,... ._.._._.�..._._�_.,,..1..._.-_.___._..,._.._ ....
____
. �
I �
'. . ._�..._.._:._ .�..._.__
---.� v,�_._._.___.__._..._.T_..�_ _.__...T_�..
. . , � . _._.. �.-._...,_r..+._.._...__..___�.__,�.._
� i
�
fi
�
j
� '
� �
�
�
,�� a
q
� !--�Cc�S D�Zn�A�CCs �_���/��-Tl c�.�...� _
.. � ��-L I�10� t��Y����-{-�f�
_ l;L ��T��!�-(�i��-�j
_� .. " G� O�� (�f7'r" _ _—
I��— _._ . — �U t i,� a�,�ct�E.�— -tbt�� -- --
� _ . — .SU l��.1G-� �t.-c1�A.-G�:I�'f�C�d_ ►!�:�i �u 1�-%� �t�T
�
/ ���1 c'�!� y
-- _ L�,►�I�all C-�
_ .__ _ __ , . . � ��Tl�C,f�1-1.�� F�Y VV LF-\ ��T.O� __
�� C.�tTY �h�2�D C�l�O�tJ I�7��iT `tD !!��z��Y
--___ _ ._ VvE'1�.�b� I!� (�Y Y
� W:�I.J��7J'T1-`f) ��;'F� ��-��t � C.C.`��.'L� _.___ . _
I�� --- .. �i7�'�11�t�C-U �.'� �L�a�If 1�.�
I' ---_ _ ' ��E� i�I�S i�' C'�t�J��- 7'�F'��1���F�
—_ . �' U1�1� _
.
I� -- • �i"D�'1� ►Qc�t.L�'Ta LvC.d�1� `Z-t`�t�( ) _
.d �j
�
I' ��ti(�(C,�" T`r�d/(-�T'
r-- --
�
_ . • ���1'�r" �,N�J� _
�, ��t��n 1��t`-' Z,� �'�Dr�-�'-iY ___ - - __ _ __. _—
------_ _ .
txNna e�� —.—
� �&LtCJ •�-t1�(C' i���--�����(�Gi�.[ �j�.1�.t{�SLD�h-t
_ � � a
_ . C� 1 N��,��.- ►,�„��� �v`� ► ���i���� I �`1 a� _
C� -��-��►a �= ����c-�- �:� l9`1� -���� ____
. �� `�,� �- --
� ��►�c�—�U tit �sr -�'w-t L 1��-�
.___ _ __ _ _ _ _ __ __
�
� � � � � T -� - � r _r _-
� , ; �
I ; � i ; i i j � � � ��
, ; � �� �� �I I _ i ; � � i � ; ' � !
� i - ' ( ' �� � ������
� f ' � � 1 ' � � I ,
� � � I I ' ' f i ,
� � � , i � sll �
—.—�:.-.--...
, , ,, . , . .
I ; ! , � � , , ; ; � i ; ; , ; ,
! I ' � ' ; i ; F � l } i �
, ,
� I l. , � � I i i ± , � , i
�
� �
� � �� � � �� � � �
� � -�- � � �
� �
� � � �� � .
c � � � � � � �
� � z � � � � � � � � � � ``�
� � �� �. � _ � �
� � � -�
� _ �
�/� � � / p�
. i � E � . � . � V" Oe � -�../ � � �� � V�
�J
�� j 1 � c �i � C � � � �
� � j ' � �l � �_ S n .� � ...�
i � � � �• G
� � �� � � � � � � � � � �
; _ � .� � � � �
�', ! � � � � �
i � �
� � � , � z � ,
�
� � �.
� � � � �
� � �
�I' z - �
� c � Q.
� � � � � �
�' � �� �
� S �` � �
� . � ��- , � �
� � � �
�
� � �
; ; � � � � � � ; ; � �
� � # ( -
�� l �
� �
. I i , ? I � I , _
.
. a
a
_________.______._____,.___ __ .__
_.___— _ __._ ____. ____. _...
�
_--_. . _--—__ _.._. . - ------___ ___�._--
,
�
��.______.__�..�...�___._._._... --.��--,_�__._____ _ — _ �__ A __.____._._e___ � . _____:,
_ __ s_...__. ---. - __�._ __..�_�
,.
_ . ____ _ _ __ . _ __ _ . ._�. ._-------------_______ --____�_� ___�__.__
� � � � �
� ,�__�___._ _... . _ _. __.. __ _ __----___ __-- ____ _ _ _-- ----- - _ ._�___________.____.._._......_ ,
, _.
- .— _ _. __,,___._�_
�
..___ _ ___.�_,___._ _ ;
�—____.__ .___ .____-------_________ ._. __.. ______._______._.__ ; .
,
. . .
. � r
. ; �
.
_ , .
.__. � _._________.___��, _._._.__._._ _ ___ __ __ .__._____.____._—__..__, _____-- --- .,
�
�
, �
. ..�.W.���..._�. ---.._._ __.__, . __ _— ----- __.___ __ ..._----- :
�_....���___......__.�._W,...__. _ �
i
_��_.��.�._..�����__�..�...__T._�.�.�... ._,.-..._.� ._...-........�.... ..... ._..� .__.....""_' .......... ._... _ ._....._�__................___�....,�._.� _.,..._-
-- �.�..z�-.....�,.�. .»,-.. ,.,,-.,.._. _.,_._._._..� .._.. ... . . � ��. �,�,��,�.�
._.. .__..,...._......... .....�.'_'__... ..._�'"..'_'.. . .....-_ .,.....:.._.....
. � )
_ - -_._,..«_.... ._...._.._....�._......._T_... . ..........._ _ ......."_"".. .�""_...__ ......._._....,. ..... ...,...__.__.�."'_ .��'_.....�_._._�._...
_ _...._.. ,t
�__���.__.�._._...-.......�.�_...:.:.._....._....,....,_� _.. .. . ____._.'�.."'__._ _ �_..._._�..�..�...�.-
.....�_:_...__......._._.....�__ .,. .,._ ..__._......__._.�...""_ �.a .
'
!
j
� «.__.__'.`-.. -. _....._.... ........_,.. . . . .. ... '" ' .�__�
. ..... ...................... ....___.."'"""... . ..___ . . . . _ _ .. _
..__. .,...'_ _"'_'...... ..
__._...._.-". __-"_ -'"'___'_'____ ..
�
�r.._..,.. �.�__...,._ ........_.:.____ .._._..._.. _'___.._. ..._._ _.. ..... . . . . . .. ,_"_'".,__.�_.__...-__._._ �-_.
....... _.__ ._. .... _.......__... .... .._._..__..,-..�_.___. �
. 3
. _�___ _ j ___..
_�...._,_.._�.w..__. ------ -,.�,..=a.�.._.._.._...._.:.r_....__.... __� _—.__.._.__�.�_.
�
�
___ ....o_... .._�..���_Y_..._n_w_..�_.._._.r.__ :___.._...�,_..�...,, , ...�—
_.�...__._..__ _._._ .._�....__. _,._.._ ----.,.__--------..�.#t.___-----
, �i
j �
j �
� i
\ _ _ _ _ _ _ _
- �
512 5�5 50�0
�EF' a� '94 �8:15 TO E�1�: 571 1�R7 FRf�M C�JMPU��ON T-?26 P. �3
. " �
(/t,.:')--�._a,�� ,�}�-e.f/'� �`i�1 c.'��". C,�, �� /�J U .�}' � ..
5--7 y_ � � ,; ->
� ,- ,
f�� � G.�_. f�� � f�
-i � !G�/'�=:✓TiL..4� �/C lG'�CG� Q./ �c>�� LC/ � `�[/`C�. ` — 7�`,_c�7
� �/ / '
!�� �_ �— ,,� ,�
� �i ;' , �� � o '� --a,������
� �� .�'.� �,
� �
�,�� y'/'///!7y�///1 -� �� /j �� � �-� ,����;�� ���� � �����/�
y L �: I./��I�� / j f�" 1 (�
/ �- , �� �� • g��o
.,- , ,�:5 7� l�- ����u�
, �
_`�= � -
- �.,...�,G ��� ' ��'�J~
%`�' �'s"Y� �,' -�
, �- .
�.� � = �� �
�-t�� ����-f- . ��/��� �-" ,�a�.,,�„G-�- .S�y'_ C
� ,;.�3f� t,�.
��,�- �'``� ,� � —` � ��
� �-, ; �.-s.�� �. ���Nt.c,�� �`
� . �� ����_;
�� �-� - �. �..
�' ���s �, ���ti�,�� �! v �y��� �l
� �� .� t
�
, � , , 1��.-�-�-c--. ��', 5"1/- � U fc 3
���' �-� y�l�� ���� �
�� ��� ��� ��`�, =5��/- � � ��.�
f , `�'��,�.. Z��' s�s--z'�
� ;�-��
.r � ^ jA �� ��
?� ll'-Zticc/tl--F' - -�w ��' � ��' �
�f��,. c,ca�.., _.<}zt �t��' � � y 9� - -�'�'o� /�/
U / ��y�.Q.� • `��� �` -j�'``-�
� / �-y �� �-�.ed�
y. ,
���!�� �` .r�'� �
• ,,
� -� � �-' � ,,�'.� `�..2� � ��-t �'�i�_.
�;�? �.. - � � � ���r� ��,`° -
� � , � ���, l�y��z
' �� � � —�
� --� � � ���v+� �� 1 5 �
�� �, � yr �.� �
�.-��,�,� �-� r=�. ,�,� f �_ < < < , � �-:,�,�;:�
;�;� , ��, + � 4 -.
y'� ��' .i�. , i�' ; � `-� /, ,/�j .� )/ � � � '1%• l _' � �
\ �`�.�� j _.. �. ,_� v' -� `� � 1 ��i c b� 9��-Lf � "�Lz-;�_t�,-t.', '., _ j ,' � �
,,,,i . _ . .1 .. , � � < .
� , � '� �'J' �" /�l.s'G � /�����-5��.�-� -�;,a�,
�i, '/�l �j f� .��i, � v'� ,�-"^ _ —.
<� '�./`j' � �--�1/��.f� S�/ ��� �
,_ 5�z7 c. OftnlU� �'
.� cY� !t= - `� ��,.�'�i
�ct,� � u ,, �-�/-�- .:_ �
� � � ���.��
� � �� ��-���
. � ��� ` �
' ,�" � =� �.� � �� :�«�'�. `� //. i� � ��
,�,r,,,.,,ti: �l�•- fi_ y `
' ..� � j � _/ -�'�,�/ '�.� � ��'t=L� /
,��.. Ly� f� �C. �,•
``_ i'Z..�,. . ( f. t. ` �...
� � !
� p _ r
) _,� ; � ,... _ j ,�,E- H`� . r l� �D� � 7�"�� �3f
� � � ��o N�e � �t � ti � � � . 7 A-�v }�
, � �
612 535 50?0
SEF' �i� °94 �8: 16 TO 61�: 571 1287 F�'Of�l Cl7f'IPLlrpr� T-.'�h F'. �=�4
. /
� , , '�"7
' � ��-,��,�- ,, �.�,�
w .� . ��
� ' �-� ��, ���, �7 � — �fc�
� ���� �
�
� ^ .
��'�'���(`���-�._. �`��� -�'. � s���-�fr_. ;�-�or`. .�7�'���';' ;:�
�
�
�
�
September 8, 1994
Minnesota Board of Water and Soil Resources
Southbridge Office Building
155 So. Wabasha St., Suite 104
St. Paul, MN 55107
(612) 296-3767, Fax(612) 297-5615
Dear Dispute Resolution Committee members,
We, the neighbors affected by the outcome of the appeal of Paul W. Harstad regarding a
decision by the City of Fridley to deny a wetland replacement plan, do hereby request that
you uphold the denial.
The wetland lots, with the water marked in blue on the attached map, are located between
East and West Danube roads in Fridley. Several houses on the west side of West Danube
have a holding pond (also in blue) located behind them. This pond then feeds the pond
located on the affected lots through a culvert running approximately half the lot depth of
the properties directly west and adjacent to the wetland lots. The pond on the property
then feeds, via another culvert, into Farr lake (also in blue) located behind the houses on
the east side of East Danube and directly across the street from the wetland lots.
The pond on the wetlands is approximately 10-20 feet below the adjacent street levels on
both the west and east. The soil in the area is predominately clay and has limited ability to
absorb heavy rains. Any backing up or filling of the subject wetlands causes water
problems for all the residents located between the initial feeder pond (west of West
Danube) and Farr lake.
Each of the residents in the affected area can tell horror stories of the effect of backup. As
a result, the neighbors make a concerted effort to maintain open culverts and to minimize
any blockage in the interconnecting drainage paths.
Our reasons for requesting denial include:
1) During the period 1974-79, when the neighborhood was developed, the two lots in
dispute were declared to be part of the storm drainage system and unbuildable.
Through the subsequent years, the value of the holding ponds has repeatedly been
demonstrated. In addition, due to the natural pond on the site and the improved
visibility afforded to the outside corner on East Danube, the developer made
representations to all the new homeowners that this property was to be kept primitive
and never to be developed. The developer graciously accepted increased prices from
the homeowners for the natural beauty and privacy afforded by the wetlands.
2) No city connections were made for water or sewer on the lots and to our knowledge,
no taxes have been paid on the lots.
3) In the early 80's a permit was granted to Harstad Companies for limited filling of the
properties. The wetland was essentially unchanged.
4) In 1989, the properties were included in the Federal Wetlands Preservation plan.
5) In the 1991-1992 period, Harstad did extensive filling on the properties without
seeking or obtaining the necessary permits. Harstad denies the filling, but two Fridley
city council members were called to witness the dumping, resident law enforcement
officers followed the trucks to a nearby Harstad construction site, and aerial photos
show that the pond clearly was decreased in size due to this action. In our estimation,
the pond size was decreased by one-third to one-half its original size. The city of
Fridley staff has been directed to investigate this further
6) Subsequent to the filling, all of the neighbors have had water problems never
experienced prior to the action. This is inexcusable and further disruption to the
wetlands would cause a direct loss of property to those homeowners with open drains
interconnecting the culverts and ponds. These homeowners, along with those on the
west side of West Danube (site of the initial pond) have already suffered due to
Harstad negligence.
These points were attested to by virtually all of the neighbors at: a) The Fridley Planning
Commission Meeting; b) The Fridley Appeals Commission Meeting; and c) at the
Fridley City Council meeting. Several of these meetings lasted well past midnight and the
neighbors stood pat on their concern and support for denying any action to disrupt the
wetlands.
At each of the above meetings, Paul Harstad specifically and explicitly stated that he was
only at the meetings to go through the formality of denial in order to get to your
committee. We can only hope that his intent was to present his case on an area so small
that you would overlook its importance to our community. Your action in denying
Harstad will help reaffirm our belief in the appeals process.
Your meeting poses a logistic and timing problem for most of the homeowners. We want
you to know that our small turnout is most assuredly not a lack of interest.
Sincerely,
_ �
Robert Horeck, 5505 West Danube
Attested to by the attached signature page
���� �s��o�� �. �� ��� � � s�y�- >�� �
G���- %���r� ,����,�S � .� ���1 - �s 7.3
� G" -�.' a�� ��// ��
/ � G � Y
..'/%' � ' � 4-
�` ^ �- 5 !�►/ �('�-�t�l�G��?� ��� � �7��
�,��,�'� � �� �
. .�� 7.� !�! ��.���=�� '� �`� • �s�9
� =�
. 1,�� �/ s�� - ���
s%`Y� w .�
"�� ��- .��y- �3C �
��
38
�,v, �
� ���- y � � -C n gb
� � s
i, ��s.� �. ��� �
. ��.c��
�
� � l �/
�
�� ) -' �� �, /Ja��Jc�d�� ��7"• v��7 -�vl"��
� G%C� • . J�" �
�,� � �Q, S`7/- C� o Co 3
, . �--� �../ �
r �'CJ`�� � / -�JJ
_ S�
L�� �G?�ru.�.0 e. /�� �/ � 6 ��
� � _s �
� l��
�—
� � - - _ � J�- �t� . s�7�- ��
. ,4, �..�{ �c.� � � 95 ��'-���`1 � � 7
vt-� _
��` �o�
,�.� . �"��
� ,�Q� ,
/�� � �. �,--�9s- 2,�:'�..�'"
� � � �� � �����i
�� , ��� ?
� ��ti�� �� ���.��� .5�'�����
�`���7 r; _ _
� � ,9" -� �_� �r
��� -� �_ ��/?l` �_ Y" �� `` — -
�
-/ ,
,- .
� � �, • � ' ' �� -� ,
� � � - �� .�� _G � � - � �) � � � -- �'�
. �
�
���� ��� , 1 . � <
��� -� / ` ; �;' ,- ��, �,����� C ��� j r ' '` �� -�=C:�.� � ) �j -� Z 1 ,
� ,,,,` --j> _ . �.
��' � .��'4'�h'.SG � �'�� ���'
./� �f � -� :�
G� � f-,e�r�l� r-�,3ZZ�
�--_ 5�'Z 7 � . G�N�� /�
�,'C�o,�a,�.� � ,���-�''����--�; ✓ y/��9
, ���� �� �
y` , � � .5 ��/.-/d l`�
- � /� �i �. ��f. �«�.�.
� - � '�l �� `''C� �/ _ L�� /
� 'j' Cs.-=
��i-'�� :'T.�v'-.l�Jf '�/,,(�,,�,.[.L�� � �^
'��. J //`` i
L
�' �t � �io � � ��� �- � . �A-�►���- . �� 1 D� S`7a-a�73o
M�-�coti
__ _ __
� � ��`��`�" , �'��,�.�
�
� �, �`� � -
� � �C ��
�
���� ��
� ^, � �P
� �5��`�. ��'L-�'� i�ot". �7�1�'� ,�`
���2�
, - � i r ...0 5 �{ '� . ��" 1�J•� t �
, ��eoo , �j�.so � .00 r�ar ,.
e S�:�v ' ' _SQ1..� ' � SU �" ' �•= y , � ` --- h•4 �.'�!',Q ` v9e�. . � �fa �
:. 3 � _:�„ � � r g . , ,,k, . '�s.�� -
o rn , .. " 9 � •, ,'
° n �^�_ 5 � 14, � �� : �� , �.. . .
� v ; i ; � ' c 3 �
y , ,�SOI.D $O�,D ' ' �, ' : ., � c � SOt.O
� i i1�. � � � 1405 3 Y i I I � �� 14'L$ w � �� .��.'1�, 0. � � ,S, .�� r 9 &��f1 i
' 5��� �i-••-iasoo•-� `- o•.�o---"$� '�. -s.� _ 43g '�jS��.�Q' ���. <<� 3^T a � . ,
�4 q �-s , --•�.,,,_ aes„ � 11 � ;� a �
y .�r� � •� z - 3 4 • '�t,� �6� � SO�.,Q •. '� ,y.+ �� Eg
i7�. ♦ I ..��.-ii.�3� ii ±�.I�' �� �'ys-3� ` �'` % / `��`i � \9 I N PI
d- -+idZ! � � 4GT' t�f '•� '�SO b � o
� � /� ' ' r�,�6 �`iig, �^ 1'L�\` . � •)!� I � C
���AVN �, �--+Of.00-ry �-.i4i.5[�__ij4 ife..St.t1._--_io� �b. J0� N�.� F• ,y
�5 ,�l� _ ;�' iaoo � ; iai2 � � ia2s ,Q�o__ � � �4e, �' 113/�g � j o �� <
� ^ � � � � � � � � N :i0 " ~ ��41 /� w�� �v ��`R � e Q
i ♦ � p t0 i � � O
� �.. � � n 50�..� � �50�.0 _ � 6 S /4s4 `v e 995 �x ���L,�j._..8 >
t��b o:` D �� o • �Q _µ�o 4 0,, �` ., . ; ., , Z �
� � �P � i _ � � � Q ` W �46 � , `•�K`� � � .O
�,n �. � , d °D s °--eoaz-� � ' � 9 „ � io '� x
, �i . ' 4 � 3 � � ; ; 1 �s � ----,, �'_ `�� � 3 i4A 0.00 5� a �� � _' D
'�� + � , „ �. � ' � 1� �'� +O `�� N V� •���, �
a 3 7 8 i. _ � � ; �, �,°p 14 '9' � ~ `°, 0 2 ia �',�, `�° � a''°'S0i t �
i � � i �p� 1(). !, "I � ' �i�"1 e�pi� �� • o'`�~ i d �co ` Ma' 9¢ i.+ � �'I
��4.i♦ . ,�O'�; 4 0 *P I li � ,�� Yi k ` � d d � ��O O 1 O r y•�.�,��, ,`�r�J
���� � :� � 1 � f� �r ���Y� 1 ��+1 �Qj � /�� , }��• r(//f
�'�ri � Q � � _ i� i � ' y� � $ �3 �n �(���q7 ` �V�Jr�$ ��/e'SO?
" Yc :,� � � i i p ^ n..Wr �+ � � ���.V` �'�„^ o,� �h �� , •r
i �'4 � �.• „y"•.p'� � 3 E) <''., , �P � ,� ;e� ' i ��,"�s.' � �+� M
� � � 5 � � � 3 �� 'v ��e ' D r , � ' � °hh 2�0ti,� �S�9 ? 3�.
,S�.��..�e �m '' �O�1.0* �'S l.� � ��, SO1..� o f �•�s � d\T\ ' . '�° °° � � 1
� �` _,�a.� �N� . i'r , ;.�� ' �Q� , �� 12 w ; �� 4 '� c���.�`a°O� .�� ,a
� . tl4. ♦ ' ' � p CJ � i� w ���4 ��� . �.. �S� . �'n�,�,�`'�,„`� ' i �Q 4 hm ZOa %ov v,
�c, � �y�� 3 + �0( �f i �si�ci y S/�� ti/ s,h, � }7 �L'•�
I JOO�� � �D7.00 t "' es:1s i W; r S i Zp`vV� y b O. 3 �' � >o,o
m q � SO Ll N ' •t t�h 9 I o
. '4� " ' � ;� .� ��' �� �--- � f r ; 3 � e � a,� S c,� � �
� , � � a �r �, ��.,.-, , n �
' ,�n 7 ►� + � v�o, 2 �.. i j� ; -" ' SQI.� a,,� % "y 2 3� a �
i - � '- '�.J; � a '� Q , �y. i � � i �yh �v �
o � -- . . , _ , � r � i y h b
a 11 ,'� -----; � ; Q 1..,,, .. a a.66 �i oo h �
.4, . ;"� � � � • a ; '� ! 6 ��'" `� iot`;' ; � % ,9 h"" b
� '� ' � ---= /� ' '!� 4 ab° ' ��p �
�.0�0� fYS � ts _ V�_O � ` I'h![-. �i h' � ��
, � '� . N, . i 1' �<p d Q^'�. _` � r h/' �^ .p0 ' .
, " h,� N 9 g , �rv� �� , �t, � a . ��
.. � � �. ; i v��n q •�,.;��i�: � -, '.vi" 4 3�° ,b° - � .�
��0�� s �soo' �ti.�e ; y�3 � ~ti�a `y� 'n - " '
o i `� , L N'� [v _y'`�,:n 2 ; ,°'
,13 .r�'•� - �� ;0 2 ,e �h� o a ; � ''", 'o pP 9 v �
� � e � ;o•-, � �;
:!���....+ -i ,3 R �, , ' h Jh 8 ,...� , �h 5 30. �,�o.
�iEa�s� n �+eou� :. , i ' , , o°
ae � '1 �O �� � P ti �� - ,. 5�,6` ?v �a ��,� - - I
n � o
• � o �d� 3 i 9. Q �' �n �P,�. _ d°..,,` a� !
���5.'I�... � ;3; �� � � �at �.' '-"j . , ' y••� y � _ : _ � G
�I290.0 � �ss.od e ; `�n��7.5p��lA�' � 'l� ���0� �- � �
� Q Q 4� - �; �,\ �nti' �,'l �`• p � , � a � rr
� a� � � Q �,. �3i•�O � > " . • �b � _ •. `�
' Irl � 3 N I lL' 1- �. � `��`�J _ ,� �
� � ,n � � p,6 r 7 - C
�� � 1401 ; 140�- �� '�6 oe �0. � � � � =
Z � V �'�'�' '' � � .-` - � '
g � -
8 N � _ n� EA�t �� '��� �`` k•�O� ��� � � C� b �
�O p� � . � R, .5�� �� � �) D��N` '?C' _' � � � ' _ - � :
� 3 3 'e - x.�•••,°, �p � � a N .;.. ------ -- i ♦/� ' . _
..1400 � � , 4 . 'Orr4 J` �°�`r y�Q O '_ , .�� `/ �- �-
� � � _ p - � d o' 21 D ''' '� •�� 1���asp�p s� �' - -
.1 � D v �;••�v` `d ti, y � �� ` � .
, 4 .,,g a �,;�,ep, ; -. -p t� ,4;� � „ ^ ,2 a�� F�. -
^'� `',y�,.� - v „ `. ,,
r�� ' � g � ' � 'a, d'q/_ �a' w� � iai� ~ _ I �`q �;-
�' ,s 2 i � � p '``• ZQ �9��j •�� �SC�4- ...'p ..��.' �
a.
^ I � � 8F - - '. �.. � ,�.�
�
�j � �'��j•� a a.,� �4oza{ � � ROAD • ^ --�-,_3.e---, ,\�
i� � ` i
� ; i s `�, 19 _ .� j �42 -� . J'oco ;
1 � N� 9,+ b� �
ro p �` �
tI I rl �� C 18_ = 17 m�Ot �A16 ``�� 14� '
\ 1 ' �� � _ �`���- '- •- _`-' 16 - � 3.
;
`���o' - ^ �s ` 3�.
11p p� � �
INT a�tr�__, �0 ,
E/�g 1-q -_ -, , %.
T-E --r.:�-=;..._ _ '�;
_�,
HI�HwqY
�G3 B4
�STA7-E N o
TRUN��
N��HbVAY 694
N�100�
i
!
, {
`;:�
s
�� SA'��
� �'t�
: ����
Ir �.mz , , ���....
.� : � ,� .
!� �
.t
� � ��
�
�r' ���
�► ,�
�
�
'�! "�
�
� �
�
�
r �
r
��
__ _ _
Page 2 -<-- Ordinance No. 794 2 u
B. Variations in Snow Loads, identified as Minnesota State Building Code,
App�ndix "B".
i C. 198� Uniform Building Code, Appendix Chapter 35.
D. Minnesota Pl�unbing Code, Appendix "B".
4. Optional Appendices.
The follawing Appendices, 5tandards and Supplemental materials are not a
mandatory part of the Minnesota State Building Code but are adopted by
reference for the City of Fridley and are incorporated into this Chapter as
completely as if set out in full:
A. Minnesota State Building Code Appendix "C". Abbreviations and
Addresses of Technical Organizations.
,
B. 1982 UBC Appendix, Chapters 1, 7, 38, 55 an 70.
C. Minnesota Plumbing Code, Appendices C & D.
D. Flood Proof ing Regulations, Sections 201.2 through 208.2.
5. Organization and Enforcement.
A. The Code Enforcement Division shall be the Building Code Department of
the City of Fridley. The Administrative Authority shall be a State
Certif ied "Building Off icial".
B. T'he organization of the Building Code Department and enforcement of
the Code shall be as established by Chapter 2 of the Uniform Building Code
1982 Edition. The Code shall be enforced within the incorporated limits
`' of the City and extraterritorial limits pernnitted by Minnesota Statutes,
! 1982.
' C. The City Manager shall be the Appointing Authority and designate the
Building Off icial for the jurisdiction of Fridley.
206.02. CONFLICTS
In the event of any conflict between the provisions of this Code adopted by
the provisions of this Chapter ancl applicable provisions of State law, rules
or regulations, the latter sha11 prevail.
206.03. PERMIT FEF�
l. The issuance of permits, conduction of inspections and collection of fees
shall be as provided for in Chapter 3 of the Uniform Building Coc1e. Section
304, paragraph (b) , is amended to read "...except on occugancy groups R-3, the
plan check fee shall be 25� of the building permit fee. "
2. The fee schedules shall be as' follaws:
A. Plan Review Fees.
(1) ��'hen a plan or other data are subKnitted for review, a plan review
fee shall be �id at the time of submitting plans and specif ications
for review.
(2) Where plans are incorporated or changed so as to require
additional plan review an additional plan review fee shall be charged.
I
� (3) Applications for which no permit is issued within 180 days
� follawing the date of application shall expire by limitation and plans
and other data submitted for review may thereaf ter be returned or
� ._ .
r
+ . ' . -?„�X� .� --
`V� -
. M����A�' -
�� 1982 EDITION APPENDIX
µ� •— —
� ` Chapter 70
�`��� EXCAVATION AND GRADING
��
-�"' ' .:��L,.
3
�� ` Purpose
�--=' - Sec.7001. The purpose of this chapter is to safeguard life,limb,property and
• ��` the public welfare by regulating grading on private property.
:�:`
�� Scope
�` Sec.7002. This chapter sets forth rules and regulations to control excavation,
-�„-�`� ; grading and earthwork construction, including fills and embankments; estab-
��,, 3 i lishes the administrative procedure for issuance of permits; and provides for
� approval of plans and inspection of grading construction.
� Permits Requtred �
�� Sec. 7003. No rson shall do an grading without first havin obtained a
J.. 1 Y ..
��
gradinQ vermit from the bui dinQ official�xce r o owinQ•
1. Grading in an isolated,self-contained area if there is no danger apparent to
private or public property.
2. An excavation below finished grade for basements and footings of a build-
�, = ing,retaining wall or other structure authorized by a valid building permit.This
�� shall not exempt any fill made with the material from such excavation nor exempt
any excavation having an unsupported height greater than 5 feet after the comple-
tion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Mining,quarrying,excavating,processing,stockpiling of rock,sand,grav-
el, aggregate or clay where established and provided for by law, provided such
operations do not affect the lateral support or increase the stresses in or pressure
upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil engineers or engineering
""� geologists.
• "=�' 8. An excavation which(a)is less than 2 feet in depth,or(b)which does not
� create a cut slope greater than 5 feet in height and steeper than one and one-half
"" horizontal to one vertical.
� 9. A fill less than 1 foot in depth and placed on natural terrain with a slope
flatter than five horizontal to one vertical,or less than 3 feet in depth,not intended
to support structures,which does not exceed 50 cubic yards on any one lot and
�`�" does not obstruct a drainage course.
�
.�,�. Hazards
� , � � : Sec. 7004. Whenever the building official determines that any existing
� excavation or embankment or fill on private property has become a hazard to life
and limb,or endangers property,or adversely affects the safety,use or stability of
a public way or drainage channel, the owner of the property upon which the
excavation or fill is located,or other person or agent in control of said property,
:�:�
729
.y__
'f:
`
I ����_._ � �
APPENDIX UNIFORM BUILDING CODE
1982 EDITION APPENDIX
upon receipt of notice in writing from the building official,shall within the period
specified therein repair or eliminate such excavation or embankment so as to same ownership,where grading is performed or permitted.
eliminate the hazard and be in conformance with the requirements of this code. . � SLOPE is an inclined ground surface the inclination of which is expressed as a
Definit(ons � ratio of horizontal distance to vertical distance.
Sec. 7005. For the purposes of this chapter the definitions listed hereunder � SOIL is naturally occurring supe�cial deposits overlying bed rock.
shall be construed as specified in this section. SOILS ENGINEER shall mean a civil engineer experienced and knowledge-
APPROVAL shall mean a written engineering or geological opinion con- able in the practice of soils engineering.
cerniag the progress and completion of the work. SOILS ENGINEERING shall mean the application of the principles of soil
AS•GRADED is the extent of surface conditions on completion of grading. mechanics in the investigation,evaluation and design of civil works involving the
BEDROCK is in-place solid rock. �; use of earth materials and the inspection and testing of the construction thereof.
BENCH is a relatively level step excavated into earth material on which fill is � TERRACE is a relatively level step constructed in the face of a graded slope
to be placed. surface for drainage and maintenance purposes.
BORROW is earth material acquired from an off-site location for use in Grading Permlt Requirements
grading on a site. Sec. 7006. (a) Permits Required. Except as exempted in Section 7003 of
CIVIL ENGINEER shall mean a professional engineer registered in the state this code,no person shall do any grading without first obtaining a grading permit
to practice in the field of civil works. from the building official.A separate permit shall be required for each site,and
CIVIL ENGINEERING shall mean the application of the knowledge of the �"'� may cover both excavations and fills.
forces of nature, principles of inechanics and the properties of materials to the `" (b)Application. The provisions of Section 302 (a) are applicable to grading
evaluation, design and construction of civil works for the beneficial uses of and in addition the application shall state the estimated quantities of work
mankind. involved.
COMPACTION is the densification of a fill by mechanical means. = (c) Plans and Specifications. When required by the building of6cial, each
EARTH MATERIAL is any rock,natural soil or fill and/or any combination � � application for a grading permit shall be accompanied by two sets of plans and
thereof. specifications, and supporting data consisting of a soils engineering report and
engineering geology report. The plans and specifications shall be prepared and
ENGINEERING GEOLOGIST shall mean a geologist experienced and signed by a civil engineer when required by the building official.
knowledgeable in engineering geology. (d) Information on Plans and in Specifications. Plans shall be drawn to sca]e
ENGINEERING GEOLOGY shall mean the application of geologic knowl- � upon substantial paper or cloth and shall be of sufficient clarity to indicate the
edge and principles in the investigation and evaluation of naturally occurring rock �' nature and extent of the work proposed and show in detai]that they will conform to
and soil for use in the design of civil works. the provisions of this code and all relevant laws, ordinances, rules and regula-
, EROSION is the wearing away of the ground surface as a result of the tions.The first sheet of each set of plans shall give the location of the work and the
movement of wind water and/or ice.
� name and address of the owner and the person by whom they were prepared.
EXCAVATION is the mechanical removal of earth material. T'he lans shall include the followin information:
P B
FILL is a deposit of earth material placed by artificial means. � 1. General vicinity of the proposed site.
GRADE shall mean the vertical location of the round surface 2. Pro rt limits and accurate con ours f
. pe y t o existin round and details of
S SS
� i
terra n and area draina e.
Existing Grade is the grade prior to grading. g
Rough Grade is the stage at which the grade approximately conforms to the 3. Limiting dimensions, elevations or finish contours to be achieved by the
approved plan. grading,and proposed drainage channels and related construction.
Finish Grade is the final grade of the site which conforms to the approved 4. Detailed plans of all surface and subsurface drainage devices, walls, crib-
bing,dams and other protective devices to be constructed with,or as a part of,the
plan. proposed work together with a map showing the drainage area and the estimated
GRADING is any excavating or filling or combination thereof. �..J runoff of the area served by any drains.
KEY is a designed compacted fill placed in a trench excavated in earth material �
5. Location of any buildings or structures on the property where the work is to
beneath the toe of a proposed fill slope.
be performed and the location of any buildings or structures on land of adjacent
SITE is any lot or arcel of land or conti uous combination thereof,under the w,
P g o ners which aze within IS feet of the r
ro e t or which ma be affected b the
P P Y Y Y
proposed grading operations.
730
731
tY. t .. . ._
1
APPENDIX UNIFORM BUILDING CODE
1982 EDITION APPENDIX
Specifications shall contain inforrnation covering construction and material
requirements. TABLE N0.70-A—GRADING PLAN REVIEW FEES �
(e) Soils Engineering Report. The soils engineering report required by Sub- �-� 50 cubic yuds or less................. ......... No Fee
section(c) shall include data regarding the nature, distribution and strength of � ����������������
existing soils, conclusions and recommendations for grading procedures and � 51 to 100 cubic yazds.......................................... $10.00
design criteria for corrective measures when necessary, and opinions and rec- 101 to 1000 cubic yazds......................................... 15.00
ommendations covering adequacy of sites to be developed by the proposed 1001 to 10,000 cubic yards ...................................... 20.00
grading. 10,001 to 100,000 cubic yazds—$20.00 for the first 10,000 cubic yards, plus
Recommendations included in the report and approved by the building official _ $10.00 for each additiona110,000 cubic yards or fraction thereof.
shall be incorporated in the grading plans or specifications. 100,001 to 200,000 cubic yards—$110.00 for the first 100,000 cubic yards,plus
(� Engineering Geology Report. The engineering geology report required � ; $6.00 for each additional 10,000 cubic yards or fraction thereof.
by Subsection (c) shall include an adequate description of the geology of the site, � 200,001 cubic yazds or more—$17Q.00 for the first 200,000 cubic yazds,plus 53.00
conclusions and recommendations regarding the effect of geologic conditions on for each additional 10,000 cubic yards or fraction thereof.
the proposed development, and opinions and recommendations covering the
adequacy of sites to be developed by the proposed grading. Other Fees: �
Recommendations included in the report and approved by the building official Additional plan review required by changes,additions
shall be incorporated in the grading plans or specifications. or revisions to approved plans ........................... $15.00 per hour
(g)Issuance. The provisions of Section 303 are applicable to grading per- �`"� � (minimum charge—one-half hour)
mits. The building official may require that grading operations and project �
designs be modified if delays occur which incur weather-generated problems not
considered at the time the permit was issued.
TABLE N0.70-B—GRADING PERMIT FEES
Grading Fees �
Sec.7007.(a)Plan Review Fees.When a plan or other data are required to be � �, 50 cubic yazds or less.......................................... $10.00
submitted, a plan review fee shall be paid at the time of submitting plans and 51 to 100 cubic yazds.......................................... 15.00
specifications for review.Said plan review fee shall be as set forth in Table No.70- 101 to 1000 cubic yazds—$15.00 for the first 100 cubic yazds plus$7.00 for each
A. Separate plan review fees shall apply to retaining walls or major drainage additional 100 cubic yards or fraction thereof.
structures as required elsewhere in this code.For excavation and fill on the same
site, the fee shall be based on the volume of excavation or fill, whichever is � � 1001 to 10,000 cubic yazds—$78.00 for the first 1000 cubic yazds,plus$6.00 for
greater. each additional 1000 cubic yazds or fraction thereof.
(b)Grading Permit Fees. A fee for each grading permit shall be paid to the 10,001 to 100,000 cubic yazds—$132.00 for the first 10,000 cubic yazds, plus
building officia] as set forth in Table No. 70-B. Separate pertnits and fees shall $27.00 for each additional 10,000 cubic yards or fraction thereof.
apply to retaining walls or major drainage structures as required elsewhere in this 100,001 cubic yazds or more—$375.00 for the first 100,000 cubic yazds, plus
code. There shall be no sepazate charge for standard terrace drains and similar $15.00 for each additional 10,000 cubic yazds or fraction thereof.
facilities.The fee for a grading permit authorizing additional work to[hat under a
valid permit shall be the difference between the fee paid for the original permit and `"� Other Inspections and Fees:
the fee shown for the entire project. �" 1. Inspections outside of normal business hours ......... $15.00 per hour
(minimum charg�two houts)
2. Reinspection fee assessed under provisions of
Section 305(S)......................................$15.00 each
3. Inspections for which no fee is specifically indicated ... $15.00 per hour
(minimum chazge--one-half hour)
� �
The fee for a grading permit authorizing additional work to that under a valid
permit shall be the difference between the fee paid for the original permit and the
fee shown for the entire project.
732
733
�' t,
�. . a ._� ..._. _
1
APPENDIX UNIFORM BUILDING CODE 1982 EDITION APPENDIX I
BOf1d8 A. Prior to issuance of the grading permit,potential rcek disposal areas shall be
Sec. 7008. The building official may require bonds in such form and amounts _ delineated on the grading plan.
as may be deemed neCessary to assure that the work, if not Completed in � B. Rock sizes greater than 12 inches in maximum dimension shall be]0 feet or
accordance with the approved plans and specifications, will be conected to � �' more below grade,measured vertically.
eliminate hazardous conditions. C. Rocks shall be placed so as to assure filling of all voids with fines.
In lieu of a surety bond the applicant may file a cash bond or instrument of (e) Compaction. All fills shall be compacted to a minimum of 90 percent of
credit with the building official in an amount equal to that which would be maximum density as determined by U.B.C. Standard No. 70-1. Field density
required in the surety bond, shall be determined in accordance with U.B.C.Standard No.70-2 or equivalent
as approved by the building official.
Cuts (� Slope. The slope of fill surfaces shall be no stee r than is safe for the
Sec. 7009. (a) General. Unless otherwise recommended in the approved �,: �, intended use.Fill slopes shall be no steeper than two hori ontal to one vertical.
soils engineering and/or engineering geology report, cuts shall conform to the
provisions of this section. (g)Drainage and Terracing. Drainage and tenacing shall be provided and
(b) Slope. The slope of cut surfaces shall be no steeper than is safe for the the area above fill slopes and the surfaces of terraces shall be graded and paved as
intended use.Cut slopes shall be no steeper than two horizontal to one vertical. required by Section 7012.
(c) Drainage and Terracing. Drainage and tenacing shall be provided as Setbacks
required by Section 7012. Sec. 7011. (a) General. The setbacks and other restrictions specified by this
\,,,/ ; �y section aze minimum and may be increased by the building official or by the
Fills recommendation of a civil engineer, soils engineer or engineering geologist, if
Sec. 7010. (a) General. Unless otherwise recommended in the approved necessary for safety and stability or to prevent damage of adjacent properties from
soils engineering report,fills shall conform to the provisions of this section. deposition or erosion or to provide access for slope maintenance and drainage.
In the absence of an approved soils engineering report these provisions may be Retaining walls may be used to reduce the required setbacks when approved by
waived for minor fills not intended to support structures. � ' the building official.
(b)Fill Location. Fill slopes shall not be constructed on natural slopes steeper � � (b) Setbacks from Property Lines. The tops of cuts and toes of fill slopes
t han two t o o n e. s ha l l b e set bac k from t he outer boundaries of the permit area, including slope-
(c) Preparation of Ground. The ground surface shall be prepazed to receive right azeas and easements,in accordance with Figure No. 1 and Table No. 70-C.
fill by removing vegetation, noncomplying fill, topsoil and other unsuitable
(c) Design Standards for Setbacks. Setbacks between graded slopes(cut or
materials scarifying to provide a bond with the new fill and, where slopes are � ' fill)and structures shall be provided in accordance with Figure No. 2.
steeper than five to one and the height is greater than 5 feet, by benching into : �`
sound bedrock or other competent material as determined by the soils engineer.
The bench under the toe of a fill on a slope steeper than five to one shall be at least P^'
10 feet wide.The area beyond the toe of fil]shall be sloped for sheet overtlow or a s�o� �
paved drain shall be provided. Where fill is to be placed over a cut, the bench
under the toe of fill shall be at least l0 feet wide but the cut must be made before
placing fill and approved by the soils engineer and engineering geologist as a � Nem�aio�
suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the � " �; ' Finish Grade
c�c o�F�n � �
building official or the civil engineer or the soils engineer or the geologist,is not Toe s��a
competent to support other soil or fill, to support structures or to satisfactorily P� sioa
perform the other functions for which the soil is intended. ' e x
(d)Fill Material. Detrimental amounts of organic material shall not be per- �
mitted in fills. Except as permitted by[he building official, no rock or similar �
irreducible material with a ma�cimum dimension greater than 12 inches shall be
�� Natural or Finish Grade
buried or placed in fills. ; �
EXCEPTION:The building official may permit placement of lazger rock when 'Permit Area Boundary
the soils engineer properly devises a method of placement,continuously inspects its
placement and approves the fill stability.The following conditions shall also apply:
FIGURE NO. 1
734
735
....Y.~ . _ . . t . '
� ��f�'`,� .. - .. . -.�_. � � .- . , . .
APPENDIX UNIFORM BUILDING CODE
1982 EDITION APPENDIX
TABLE N0.70•C
RE�UIRED SETBACKS FROM PERMIT AREA BOUNDARY (d)Disposal. All drainage facilities shall be designed to carry waters to the
(IN FEE� �
nearest practicable drainage way approved by the building official and/or other
� appropriate jurisdiction as a safe place ro deposit such waters.Erosion of ground
SETBACKS � in the area of discharge shall be prevented by installation of nonerosive down-
H a b� drains or other devices.
Under 5 0 1 Building pads shall have a drainage gradient of 2 percent toward approved
5-30 H/2 H/5 drainage facilities,unless waived by the building official.
Over 30 I S 6 , EXCEPTION:The gradient from the building pad may be 1 percent if all of the
following conditions exist throughout the permit area:
'Addiiional width may be required for imerceptor drain. � A. No proposed fills aze greater Ihan 10 feet in ma�cimum depth.
�; B. No proposed finish cut or fill slope faces have a vertical height in excess of 10
Face or feet.
footing
Top of C. No existing slope faces,which have a slope face steeper than 10 horizonta y to
Sioa 1 vertically,have a vertical height in excess of 10 feet.
._. (e)Interceptor Drains. Paved interceptor drains shall be installed along the
�F�e or 5w�w« top of all cut slopes where the tributary drainage area above slopes towards the cut
r«or I � and has a drainage path greater than 40 feet measured horizontally. Interceptor �
slope � H/2 but need na L ���, drains shall be paved with a minimum of 3 inches of concrete or gunite and
exceed 10'max.
reinforced.They shall have a minimum depth of 12 inches and a minimum paved
H2 but need nIX ezceed I5�m�. width of 30 inches measured horizontally across the drain. The slope of drain
FIGURE NO.2 shall be approved by the building official.
�,,,i _ �rosion Control
'�;� Sec. 7013. (a)Slopes. The faces of cut and fill slopes shall be prepared and
^- maintained to conuol against erosion. This conuol may consist of effective
Drainage end TerreCing planting.The protection for the slopes shall be installed as soon as practicable and
Sec. 7012. (a) General. Unless otherwise indicated on the approved grading prior to calling for final approval.Where cut slopes are not subject to erosion due
plan, drainage facilities and terracing shall conform to the provisions of this �.�.J to the erosion-resistant character of the materials, such protection may be
section. � omitted.
(b)Terrace. Terraces at least 6 feet in width shal]be established at not more (b)Other Devices. Where necessary, check dams, cribbing, riprap or other
than 30-foot vertical intervals on all cut or fill slopes to control surface drainage devices or methods shall be employed to control erosion and provide safety.
and debris except that where only one terrace is required,it shall be at midheight. Grading InBpeCtion
For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height,one Sec. 7014. (a) General. All grading operations for which a permit is required
terrace at approximately midheight shall be 12 feet in width.Tenace widths and shall be subject to inspection by the building official. When required by the
spacing for cut and fill slopes greater than 120 feet in height shall be designed by ��../ building official,special inspection of grading operations and special testing shall
the civil engineer and approved by the building official. Suitable access shall be � be performed in accordance with the provisions of Section 306 and
provided to permit proper cleaning and maintenance. Subsection 7014(c).
Swales or ditches on terraces shall have a minimum gradient of 5 percent and (b) Grading Designation. All grading in excess of 5000 cubic yazds shall be
must be paved with reinforced concrete not less than 3 inches in thickness or an pe�ormed in accordance with the approved grading plan prepared by a civil
approved equal paving.They shall have a minimum depth at the deepest point of 1 engineer, and shall be designated as "engineered grading." Grading involving
foot and a minimum paved width of S feet. less than 5000 cubic yards shall be designated "regular grading" unless the
A single run of swale or ditch shall not collect runoff from a tributary area ��.i ��ttee,with the approval of the building official,chooses to have the grading
exceeding 13,500 square feet(projected)without discharging into a down drain. �.;� ��ormed as"engineered grading."
(c) Subsurface Drainage. Cut and fill slopes shall be provided with subsur- (c) Engineered Grading Requirements. For engineered grading, it shall be
face drainage as necessary for stability. the responsibility of the civil engineer who prepares the a�proved grading plan to
incorporate all recommendations from the soils engineering and engineering
736 737
.�.Yµ � _ T ___' . . . . � , ..
_ _�-�-� : ... .----- -
; - .:....___�---------_w_y.._..�.._ ----__� �� -
APPENDIX UNIFORM BUILDING CODE
1982 EDITION APPENDIX
geology reports into the grading plan. He also shall be responsible for the II
professional inspection and approval of the grading within his area of technical agreed to accept the responsibility within the azea of his technical com etence for
specialty.This responsibility shall include,but need not be limited to,inspection , � approval upon completion of the work. P I
and approval as to the establishment of line, grade and drainage of the develop-
ment area.The civil engineer shall act as the coordinating agent in the event the � � Completion of Work
need arises for liaison•between the other professionals, the contractor and the Sec. 7015. (a) Final Reports. Upon completion of the rough grading work
building official.The civil engineer also shall be responsible for the prepazation and at the final completion of the work the building official may require the
of revised plans and the submission of as-graded grading plans upon completion following reports and drawings and supplements thereto:
of the work. The grading contractor shall submit in a form prescribed by the 1. An as-graded grading plan prepared by the civil engineer including original
building official a statement of compliance to said as-built plan. " ground surface elevations, as-graded ground surface elevations, ]ot drainage
Soils engineering and engineering geology reports shall be required as spec- � patterns and locations and elevations of all surface and subsurface drainage
ificd in Section 7006.During grading all necessary reports,compaction data and facilities.He shall provide approval that the work was done in accordance with the
soil engineering and engineering geology recommendations shall be submitted to � final approved grading plan.
the civil engineer and the building official by the soils engineer and the engineer- 2. A soil grading report prepared by the soils engineer including locations and
ing geologist. elevations of field density tests,summaries of field and laboratory tests and other
The soils engineer's azea of responsibility shall include,but need not be limited substantiating data and comments on any changes made during grading and their
to,the professional inspection and approval conceming the prepazation of ground effect on the recommendations made in the soils engineering investigation report.
to receive fills,testing for required compaction,stability of all finish slopes and � He shall provide approval as to the adequacy of the site for the intended use.
the design of buttress fills, where required, incorporating data supplied by the �, 3. A geologic grading report prepared by the engineering geologist including a
engineering geologist. final description of the geology of the site including any new information dis-
The engineering geologist's area of responsibility shall include,but need not be closed during the grading and the effect of same on recommendations incorpo-
limited to,professional inspection and approval of the adequacy of natural ground rated in the approved grading plan.He shall provide approval as to the adequacy
for receiving fills and the stability of cut slopes with respect to geological matters of the site for the intended use as affected by geologic factors.
and the need for subdrains or other groundwater drainage devices.He shall report � � (b) Notification of Completion. The permittee or his agent shall notify the
his findings to the soils engineer and the civil engineer for engineering analysis. building official when the grading operation is ready for final inspection. Final
The building official shall inspect the project at the various stages of the work approval shall not be given until all work including installation of all drainage
requiring approval and at any more frequent intervals necessary to determine that facilities and their protective devices and all erosion-control measures have been
adequate control is being exercised by the professional consultants. � completed in accordance with the final approved grading plan and the required
(d) Regular Grading Requirements. The building official may require � reports have been submitted.
inspection and testing by an approved testing agency.
The testing agency's responsibility shall include,but need not be limited to,
approval concerning the inspection of cleazed areas and benches to receive fill,
and the compaction of fills.
When the building official has cause to believe that geologic factors may be
involved the grading operation will be required to conform to "engineered ��
grading"requirements.
(e) Notification of Noncompliance. If,in the course of fulfilling his respon- �'
sibility under this chapter, the civil engineer,the soils engineer,the engineering
geologist or the testing agency finds that the work is not being done in con-
formance with this chapter or the approved grading plans,the discrepancies shall '
be reported immediately in writing to the person in charge of the grading work and
to the building official.Recommendations for corrective measures,if necessary,
shall be submitted. , �•.1 �
(�1Yansfer of Responsibility for Approval. If the civil engineer, the soils
engineer, the engineering geologist or the testing agency of record is changed
during the course of the work,the work shall be stopped until the replacement has
738
739
.y�Y� . .. . � . . . ,�. , . . � . ..
- i �
� ���
�-� ,
303
1982 EDITION
building or structure before the entire plans and specifications for the whole
,$; ;` <ft�frt><,t���;,`���;t; � , 't;'s'�3�;s�F�%�}{tffF building or sWcture have been submitted or approved,provided adequate infor- ; jt'; t '3 ;
s �t��trs�i£�����? {��t'��F 3'�i' �t�y€,�����f��<���� ��;<s>. mation and detailed statements have been filed complying with all pertinent ;f
�� �" � ` ' requirements of this code.The holder of such permit shall proceed at his own risk '�s��#���3���SY��������������
` , without assurance that the pem»t for the entire building or structure will be £� j�?, rts£tc�3�{,;,€2 1
t
granted.
(b)Retention of Plans. One set of approved plans, specifications and com-
putations shall be retained by the building official for a period of not less than 90
days from date of completion of the work covered therein;and one set of approved
i" plans and specifications shall be returned to the applicant,and said set shall be
` kept on the site of the building or work at all times during which the work
authorized thereby is in progress.
tf
(c)Validity of Permit. The issuance or granting of a permit or approval of ;
plans and specifications shall not be construed to be a permit for,or an approval of, �£�
any violation of any of the provisions of this code or of any other ordinance of the '
�- jurisdiction. No pem►it presuming to give authority to violate or cancei the :f
of this code shall be valid. �
� ; � provisions �'s< s f`f t�s£ ,
The issuance of a permit based upon plans,specifications and other data shall �
not prevent the building official from thereafter requiring the correction of errors ;
i
in said plans, specifications and other data,or from preventing building opera- ,��s
tions being canied on thereunder when in violation of this code or of any other
ordinances of this jurisdiction. '��;
C d Ex iration.Every permit issued by the building official under the provi- ''
( ) P i:
sions of this code shall expire by limitation and become null and void if the
building or work authorized by such permit is not commenced within 180 days (y,
from the date of such permit,or if the building or work authorized by such permit t;
. or a no
is d d or abandoned at any nme after e wor is commen a � lrst
, ,... ,. ,.,. �, recuiin����..,.,..,.,
f
" � "'" '`�''� `` og i g s.Before such wor can
,._ �,:,. .
_• ,,.F,a ,. .
.-:-.�. . . , obtamed so to do,and the fee there or s all be one e amount required for a
new permit for such work,provide no c anges ave en ma e or wi made
in the original plans and specifications for such work;and provided further that ,`�
' such suspension or abandonment has not exceeded one 1 e for an extension of the '
Any permittee holding an unexpired permit may app y ��'
( time within which he may commence work under that permit when he is unable to `�
commence work within the time required by this section for good and satisfactory
reasons.The building official may extend the time for action by the permittee for a �
` ,s >�' period not exceeding 1 SO days upon written request by the permittee showing that ` ` � ;
� si f#s`��s s '� �"s�' s��>s�"r}>�������<�f s >{s f�>�� circumstances beyond the control of the permittee have prevented action from ��
;:f;` �>.2t:, r;q ��;;,1� f tf z;�E�€3s�������� . n�.���a��y{3��>t3�S{�� ;
- � � ,,: being taken.No permit shall be extended more than once.In order to renew action $�`E E� ���}�2{;;��
on a permit after expiration,the permittee s ha l l p a y a n e w f u l l p e c m i t f e e. ,, '�
\^. (e)Suspension or Revocation.The building official may,in writing,suspend ;��
or revoke a permit issued under the provisions of this code whenever the permic is
issued in error or on the basis of incorrect information supplied,or in violation of `��
any ordinance or regulation or any of the provisions of this code.
> , . . . . ,
33 'r`
;i
';i;
?i;
t 3 '� >3�> ,� ,� +,�rr2 l .t}<d 7 a ;' >>? _ <f i � j ,<<t<ift .i� t i r �2 �.�i�i a ,�i t i t
7.�2 'i.G f$i::t3 7 yS�� �)�£<<< 1 �< S'��;5<, �} ��, <;� S�'2.. ,.jf,�,Y F �3�� � �, f5r� �2 � :2.a2 15��i�f2 �)2 t��-�e< ii y .i
���Y �3 ��£�. :�7 Siy�iyq}: �1.i��i?}t�?15 S S��Y�:�,fi Yi1�111�k€�.�� � +i:5q? 4 ��f }��t 1�, 7. �t`+< .2. ...<,,•£<<3;1 �,F e ,tk, ,�k 2><<<<<,is.. <<a.f�.A ,•.�<.
..�Z7�1;,�`�i� tf ,�S Ef.. � . .Z. �., .y.�3�.�, . �;�.r ���Sas?.��.`i`�d<ES``t.i'�.:51, �S�i�'$ � 's�:.)'2 £� � �j...�, a�!?�`�>.tf<,,,...-..��,f � �f�.�r:�%,.�,
f .«r,3,< s� ,$.� ,,,s f� s ,a,, ��f,� , <�} ,<3 ,g.�3 f�;;,. �� ,5> � 2a.r f,,2>s, , { .,,.{a f � �;� e ,Sf . ;,y>,, r3<` s,,�F,<S > >,,� ,,,<� ��:
t:,7�'% i`��,,•#: ,,� S ?as �.3>;3 3 2{� ,,�«£t,fE;�"E f ,>,,��£f�>f, �>><s-,r;}<,>i��u>>�;. ,,,i f ���53# 1 t�f y•.,�Z„s#:,� f S>r�; s4�,�`��,z � i r,< ,a.,,,Ft<,if'ii 3� S��y�.2.,,f�2 f�1 t>� ,r#3;sy��,�Ss
��4�,�i t.,�<<>?#f�f��kfs�s< #5<}<�t�,�2 < S: t+t ?2�'?�f2� <:.:�}<�st <t �%sc:��?; ,:y,;`y:,,•:i���,�,f,fS,,,t �5.:z '�`£,,t.,,5�;�2��� 3 }t �t 2����• , :}t rS 5�y�z« ,,f��3��,; ,t,3�#��au��,v��f,�iS ,;a t<f i�,�3 :
� ,��,�< < ����,:� ��f ..f,�3����� f� f�F > .,,f� � F�,��E� ��> �,f4 ,,,f � �`f9<;.> t�2 ,r��Ef,k r 5 3 ff , �.>t ,.� £ u�t�E � � f�� >�Si�����rj i�s 13 <f<�, t �,i t,? >�k � '�<<��
� � �`�- ��`
1
?f� ` ti��(��- 19��
����� �w��� �..,�
�— /���� ;��o��r�a�u�% .��� r�.�..,�
� � � 1 � �
� �'wv�'✓ G"f,� ,� � �����1/�
�
,. ������� ����d� /� � - �'Gai-e-!�'iC-�� .
i �
��"���C. �
� � � �
a'�j ��i��.� � �1�.��,..�-��
U i�� ,
����� ��������
� �
< �/��7
d/�'Lr c/�.G G�^ci�v�fy�C�!'i7/av�� `_`� � �—+,�A�!
� �wL"Y�A// , �'GL�'-�'-� �
� ` I �
. �- �
�� � � �.
��� �L���=-.�-�"`���:,� ����`��-�
� � �
�—� �o r� G�-c� c��7� � �..��
� �
G�.,c-�✓-E� � .� a..LJ �
��
' L�!`i`vL..�'G�;�'I�c:�O�� �2�vv�-G� .
, �
pc� �.�u�a�v.�.� G�.�
�
l�L, D�
' �f� p,'L� (/,�.Q CLdi(�� a%T�
. �
�_ /
��i,��[7� .� �
�� � /
C.,��✓t�;-ric�vt� l,c-X GC�I`�J
` L'��ti_ �L� ,:)F:Z,.C:�,�j (,�GU�t-�° D„�-- �f
��� �� I2�' v�y �)
�6�r r
�
_ ��� �����: �
��.__�ea�� ��,�- v�i t��t I
� � ` ( � � )
i. , � ►✓e -�
� IF,�c/r I �.Pi i/ ✓ t� .
�� �
n.,�lfee ( �i��� 5-f�-�- �-f�
t
� I � ��:-wr.�� v��z,-�� � �.�,�%-� ����-�
�
�tr�ve l�c.- �-{�io!�
- �'���u,ti�t.�s w�r v�ed. �--'�'� c lc��l� �,-��-�
J '
'.�.1 �� i�,ti � UG�-
� �� '
- (�d -���fi�.- �-�v wu�-' �s�e� � I`1'��
• v�� -�i l I o.�- �f- lP �
- �,�ed t Z�t�'�cv
�.
. �� �.�G s� � f�--
�
� ���,� �e�a� �� ����v
� � � � � �
�� ��L� ►5 a�-��� �-���
: �.--_
, _ ___� _ _
- ��o � s �e��-�
�
- �° �`�� ��;w� �� �����
� �����
,
i=
�
I
II
���i��� �, `-
' vtZGe�+ .�.�6�-7�,�, -� �� y��f_ lfid�ro� �i �-v�•9�
-' q d,Ol��lTsrt� UtL/ �'� c.�vuc-�.t.(�/j c�-'�1t�
! / �"� Q /
� -i, -' � � �
I (.-�7 CG-CGt'
— r,� ul�,�-�' ��t` LP C��.��' �� ce��
�`z,�,� - r-� `� c���-�
_ , v,�. J\ � .a�
��� � �
._ �`� �.�� � �' � � ���
,
- � �-- �-���ti-� �, �9��/
� � �
�� � . . � �
-��-.� �,/� ,�
C�� �
'�i �
��� o
,. ��-OI G- � � � �
,aQL . , �r( . � �
— �� s ! < ✓/� " � �i . �i
c.e�e c� 'C .� �% �a•.a�-
` G�-,c���-��e�J �� a��j- Qa.--�Q :� �-�
�J -' �J
�-�f�' �-.�u,..��l���-{�'�.�-' �. ,�..�.�`
/ ;� / / .
T- I,.T�'�G! ��.� f�fz�L._ ���G;r.u�rz G�
c i����
,u�t
� �
- � � � �
/
�
'"��L�v�i �� (/�.Z(�..-.�,-tx.f.G�s��a�.� /�- �<.�:,c-�v'Y-7v.�-�'
� l • ' �
\Ji vvL �����-' � 0��a.-�� �I—l`T�I�
`' • vr.�,; -� � , c /�--����._,�
, �.",�,y
d �l
� � �,�,.� ��'-c� ���� =� ���.- ��
�
' �-�.��- • ��� �-� � ��_�z.�
�-�-` `-� ��-�,�'
�� � ` � �� /��
�-- C� "' �'-C.u:� %77 v,��� �,/1�fi Gf. d`I �
� a-�- o�u�� � � �
�
�
� _ 1
' � .: � :��� -- J���'�' `a G, ` � 1 +� ��S.r '6.r•� •,,� � ��1_'����.� ns .
0
� � t l4' � )
s� 1P' ��� ��� l�'� s. ` � �� � " � s
'! � Z �`'� \ '� /� '�� `�� fl � 'ti:, . ►�'�'. /'�«)" �'*L /
�-+ •1 �.n.�, s%r � .n ��� 11� � p~��I ' �N) i
�� �� i .!r V+` y �� � B w 91�� ��l J `�) T�� �� . ' �� '� /
� _ ;y � � r ;, a, �. (�)
-�,� �,i, �,A d ( t. � `•� �
� i ,� ,i, �w•��: ? �� '�' � `1� ? .� �Tl
: ��'� � , r ��:,.� p�l . .� � ,i�,rYi
� � � «. � �a�i�;�._ � (M�� �'�/ M, j �.
_ �• ,� '� --;. � �.� �- � -�.�..; '�� ` n
x� , r � � , ( � ► , � � � �,�� ''�, �:� �y) �
` ,�!"�. "'„i- 'e��1 f i. s. i `� �7
' � �� G .. , ��9� ,� S 4 w � �lJ�•�I) � .!
; � a � (�) �(4� ti � f � �J`� t� / t / �
�.�� � � � �� �, ����
�V� � �(!� t cf� 'Q i,� R l ,,�. .;� � � a � a
�1 ` `���i ' �. � �%• � ��� � �, � <<�� • ��� � � '
� ' •., -,r .
t f�7"� � � t� � � ��'� d� �-r � ��IA� �.... ...
.��«:� "` / �. t �•.: �_ ,.
. �,, � � 9 �.. ��. ��-�
, !N � .
, ��► f . ` � � �t �r) �b� � �. i� ¢ • -=4.�.�- : �. ;
���N p , 1 (r);�`� . i ' i �
�a (� � ��y) � i�(i� . M) .
l�)
�
IR �l 3 �� R - -
� ', ° ! , �sn � � r � � � c� � �� ���
� �'� � � ' ' M 4 � � ��
y 4 I
f `�� �,. ' � . �i1' '� .+ s�� ` 0
� Y �! y�� +��s :�► � ; N
� `�" ,y � ��`ar ,y(� �'j''�9� � ) �r � � .;�^'�t'� ��,�N
� S � +�� r�� � 'f••�� O�
��i. :���� 7(�� r� �r r����) t` �� O p�
��'' �, '�,4.rt�; �� �r' '� � (3 6� � `f �
� �~ � W� �f� �
����� ���G• � ' � y ` � �
'6✓if 1(jn �'�. �• /.��� f(!') '��pl i
' ti .�
/'� B a
�. 94 J ~—�`� •��� E`�.
< % `� , �,•,� �, '� � �. ' `'�''`
t���)j L/�►' �i. �
; � (y� (a) �• � C'� ' �� ry .. �
� , � . ' s e. .1' ,�r i'';i:11 t�
a�� (� 1 � �.�j,r� (l�p
���� .. (+D) ,fp �' ��' � ?
�'- -_- - � � Cp� ''� ,�� �c��.*,.�..'6�� ` /N
t �� ''� � � �• �� �M� ��� p�r �i l� � '
!� * I I ' _ � �j �'� *} N � ��f
� -���c.• � � ���k,) • ,! �
i ''�
� � M
�� ��
*• ,/t
_"'�'�'.v .`
l�pt►1 ..`-. �
�'+ �_ '�
a"r ;y. - � � _`` � '
.� S t
�j.�tYj` �, � ,�y �, ��'- �' �, I �
��. b
/ -- ' w� � '�..� ' i! r e•
� �) �.� � �Kr at i T
� ' ��-- . �$
��'" - -�- - � �) - __ f _ '
�-- �� �s j ,-_ ~``' _ _/�• , �:
?;'• '3, ,r,� -r. �t� � I .'4� . ; -_4,0_ '- - -�Y .�.t� _'��.
�
, `q; ' i .� _�'` ..� �� ..y ,t
, �� �:.rn... 39 --_ -,-��. `__ � :
' �(t� ��!y) ' �,;�' -•,,� � •
��,I � . , `� �! � � G.� '' +�'_�►. •/ � � .
�
� � �
; �� ��� . .
�� _� �
.�'�'�'�„ f j�.
�� � � . .., .s��. �
. '�� ;= ��J . �r\ _ .
�� ��F �
r: �; y„ \ �
��F�,`'��;; �. � .` ��' �t �'��i4 '�-:e
9yf� t �
_ . .�(;"s.. . � . . . �r1' ':�a.. �_'�Y.> .�....
�' . ... � . .t�' . , , .
i �- ,
. _ .s�. ��.: � .��!.
. " �{�y�' . .
. . . � ., �y�Q . 'Vi. hs��V'��.
7 +j7.��
�"_ J 'M',�.1'� �,�yj� �'"�' �A.!+'"�s'
� . �k.. - .�� _ . .�i .a'.�
.'�, �t'- _ :'�'�. ya �
��
:� �''"�. ;'�'��'* �' �a�
_. . a .r^ ' . .
,`i. �`" . . .
�r ,� �
, ' . .�' < `r . � . .
. . , ,�.t• � ..
, i:. 9�,�
�d�
i��-i ' �';� .
.,�C 5 i�".� _ :;k� ,� �,`�µ t�:�`'�,z> ,
.��.� iS a�:• '��` � -
� i�'�`� r'�r�i
-;�i`+s+���. ��1 �'l � � . , z , � ..
, �
. . . r-i. . - . � �r :3X. � .
:�t ,�E
. 7'- . �e .
S:' :�,' .
� t�a -. � - . .
i _ . .
��
� �
,:�
��� . _ .w'.: � .
.f -
,� � . ��� }_�;� ��� .
� ••` �� �t �� ., ' �• . �r3 �" ..��� . .
.:� _ �� y3��y�` � �� ' .
. . *g '� .. . '.d�� S^ ,,� t z .
�;��i�� �d."-� ,�.,. ���y.+ .�' . F'6�i5'„�: ;. .
. �,. . �;, � . "� �' p y :x.* _ ..
F.
�. - ..,. . �.�ib��7�� t. _ .
� l- .. . � .';�,.. � �� � �� x�' . . . ..
, . �► � . �'{ f �
' . �'``r,-_ �ay, �hz�'�� ��.
� , � , . . �,�' -r'*s., ���
�'= �,,���. �� . .
�
�h�ro
r r „,y STATE OF
�
. LI V U V��0�L�.�
- DEPARTMENT O� NATURAL. RESOIlRCES
Metro Region LJaters, 1200 Warner Road, St. Paul, P�N 55106
PHONE: 2g0-7523 File No.
February 8, 1g8Q
Mr. Jack McCarty
11 652 Way Northeast
Fridley, Minnesota 55432
Dear Mr. McCarty:
Enclosed is a copy of the quadrangle map that delineates the
wetlands in the area. The area colored in yellow is a five
acre type IV wetland that is under the jurisdiction of the
Department .of Natural Resources (DNR) . Other wet areas in
the ir,unediate vicinity of the yellow colored wetland are not
under DNR regulatory authority. The attached map is only in-
tended to identify those wetlands under DNR regulation that �
are adjacent East Danube Street.
If you should have any questions pertainir�g to this matter, .
please feel free to contact this office at your convenience.
Sincerely,
Kent Lokkesmoe
Regional Hydrologist
KL/MC/ch
cc: City of Fridley �
Enclosure
AN EQUAl. OPPORTUNITY EMPLOYER
i��
�_'3 .
��i �/�.l�--
STATE OF
C�C�] CS �S OO �La /%::�'..�r�,,:::.
. ,> �-
DEPARTMENT OF NATURAL RESOURCES _ '
PHONENO. 29F)-�523 1200 WARNER ROAD, ST. PAUL, MN 55106 FILENO.
March 9, 1987
Mr. Ken Briggs ,
HARSTED DEVELOPMENT COMPANY
2191 Silver Lake Road
New Brighton, MN 55126
RE: FILLING TO DRAINAGE EASEMENT LIMITS - LOTS 5 AND 6, BLOCK 2,
INNSBRUCK NORTH 2nd ADDITION, CITY OF FRIDLEY
Dear Mr. Briggs:
As we discussed at our March 5, 1987 meeting, no DNR permit is
required to place fill to the drainage easement limits for the above
referenced lots. Permits may be required by the City of Fridley, Rice
Creek Watershed District, and/or the USCOE for the work however.
Feel free to call me should you have any questions.
Sincerely,
--� _
\
Jo Linc 'ne
Ar Hydrologist
T 0 REGION DIVISION OF WATERS
L44/dv
cc: City of Fridley
Rice Creek WSD
USCOE
AN EQUAL O��.R�IJ�IITY EMPLOYER
JV
���
April 16, 1993
Tom and Barb Fisher
5477 East Danube Road
Fridley, MN 55421
Dear Mr. and Mrs. Fisher:
We have received your letter dated April 6, 1993 . While you
addressed it to Mr. Scott Erickson, Assistant Public Works
Director, he has asked me to respond to your concerns.
In 1990, the State of Minnesota passed a law which protects
wetlands. The intent of the law is to have "no net loss" of
wetlands. This expands the numbers and types of wetlands to
include those which were not protected by the Army Corps of
Engineers, the DNR, or the US Fish and Wildlife Service.
Prior to any further work commencing on the vacant lots across from
your property, the wetlands on the property must be identified and
delineated. Mr. Harstad will need to hire a private consultant to
accomplish this. If draining or filling of the wetland is to
occur, Mr. Harstad will need to develop a plan to mitigate the
damage to the wetland. This plan will need to be reviewed by both
the City and the Rice Creek Watershed District. A permit will need
to be issued by the Watershed District prior to construction
-beginning.
At this time, we have not received any permit applications from Mr.
Harstad or any other builder for these lots. We are aware that Mr.
Harstad has contacted the Rice Creek Watershed District regarding
permits, however, they have required identification of the wetlands
as well , in compliance with State Law.
If you have further questions regarding this issue, please contact
me at 572-3593 .
Sincerely,
Michele McPherson, BLA
Planning Assistant
C-93-86
13.38
�
�. s
s
TOM AND BAt�B FISHER
5477 E. DANUBE RD.
FRIDLEY, MN 55401
April 6 , 1993
� �!"�
City of Frid� ey �� �
6431 University Ave NE �
Fridley, MN 55432 � ��
� � . . �� �1 ,�'
Attn : Scott Erickson 1���
Engineering �ept .
Dear Sirs :
I am writing in regard to two vacant iots across the street from my
residence at 5477 E Danube Rd. I had previously discussed this
matter with Mr . Erickson on April 5 , 1993 . I thought it would be
wise to put my comments in written form to preserve them for your
and my use . I have lived at my present address since 1978 .
Initially T was told by my builder that the iots across the street
were not buildable because of city ordinances and DNR restrictions
since the lots contained a pond used by wildlife and constituting
at wetland area . I aiso understood that the lots served a drainage
function for the entire neighborhood and a major drainage pipe runs
f rom that 1 at under East Danube Road and al ong my l.ot into Farr
LaKe .
I ur.derstand t'r�at over the years , the owners , Ke�th Harstad , his
sons , and/or other nominees have attempted to sell the lots and/or
build on the lots . About two or three years ago, Harstad moved
considerable amounts of fili dirt onto the lats from excavations on
other names ne was bui:ding nearby . �ortions o� the wetland area
were filled in and I and my neighbors anxiously called the city . At
that time we were toid that , wnile a certain amount of fiil 'nad
been al 1 owed to be pl aced on the 1 ot , there had been a considerabl e
amount over that placed on the lot . The ci�y forbade further
filling of the pond and so for three years we have looked at mounds
af dirt ?yir.g on the lot . We were told that Harstad was supposed to
move tne dirt off tne lot but of course he never did so . We were
toid that tnere had been unauthorized dumgir.g on tne lot but ail
the trucks I ever saw dumping were trucks we followed back to a
Harstad building development a mile or so away .
Now I nave beer. told by a contractor that he is going to buy these
lots from Harstad . He showed me a plat map that indicates a 20 '
drainage ea.sement behind one of tne lots ar_d a 40 ' drainage
easement be?-:ind the other lot . He also toid me that nothing
prevented him from filling the swamp and/or excavating it ana
13.39
r
w
ei iminating a" of tiiE standina wate� �r�}i �e:� y . :!� acknow? edged he
woui� have to leave ti-ie contours to a� iow drainage into Farr Lake
across ine street . rie toid me he p�anned to �eave the water on the
40 ' easement but I must say he did not feei ne nad to do this . He
snowed me tne plan of a hame he proposed buiiding . This home would
barely fit on the lot with the 20 ' easement and would come up
directly on the easement lines on one side and in tne rear . He said
the home would occupy the area that now contains water .
I have several concerns . They are as follows :
A. Will and can the City guarantee me that alteration of a major
nature such as is proposed will not cause more groundwater pressure
on my foundation and possibly cause me to have water problems which
I do not now have? How will the City make sure that drainage
easements are protected and properly maintained?
B. We have aiso been told by builders that soil tests showed that
any home construction would require sinkinq posts to support the
house foundation and such effort would make the lot and home too
expensive. I was told by the prospective builder that new soil
tests were going ta be made. I don ' t know if he has seen the old
ones , or been told about them, but why would ar_ything have changed?
I think the City should look very carefully at any new soil tests
that suddenly show facts different than old tests . I am not
interested in having a half-built home that sits idle because of
water problems and soil problems that should have been foreseen.•
G. What about the wildlife that uses this area? What about DNR
protection? What about tne City ' s , County ' s and State ' s needs to
baiance development against environmentai protection? I believe
that the history of this lot is such that no one , in 1977 , ever
seriously thought they would or could build on these lots .
D. What about tne noise and dirt that accompanies construction
projects and is not expected in we� 1 established and completed
neighborhoads?
E. Wnat about the lengthy period of negiect of these lots and the
illegai dumping on the lots? When will this be cleaned up? The
present owners of these lots have never cared about City
regulations and neighborhood well being . They only cut the weeds
and stopped filling when it was demanded . Why should we believe
anythinq they tell us now?
I wisn to be advised of any permits issued by the City regarding
these lots . I want the City to protect a� i of legal rights
available to me so I may raise my objectior_s to plans for
development of these lots before such plans are approved. I wish to
be notified as to whom I should cai � if I have further concerns
regarding these lots . Finally, as a citizen and taxpayer of the
City , I expect tne City to only issue permits for construction on
this property after the City has fully examined the history of the
• lot.s , the soil tests , both current and historical , and ti-ie
13.40
.
poter.�ia: wate� nroi�� ems deveiopment mignt caus? for stzrrounciing
ai:d wei i estabiisi-��d neighbor� . I� � can be or any furtner help or
assistarce I wiil gladly do wnaiever t�e Cit;y feels I should ro
help in this matter .
Yours truly,
C . Tom Fisher
i
13.41
. �
7J7�i I!I St . . .
-- ------ T/cAPOL' - � ..� . . . �-',
1 - � i �' ,-�- __ `_ ;-1\ -' ` i_--- --�__ \ � � 1-, �� --
,
• 7 r �.,- ' �--��.a.. � r'�� ���� �� 1� ' .•-- _ __ b '� __ '_'_�
v. .. . -.__.. . . .,. . . _ .� .,
--• -- .
__..."'.. , • •;jr�U�•� � _ _��-� - --- / , ''/'
.:._ -
,__- T�,,..,,,....,.;,:_,. -- -
, _� .< ' .,, �
_;
_ ' a �! . f u � �l '-,,_�r�'"�w ��i:g .-� �� -
-- _
: � -
_— _ _ � 1 , � ;� f >! ,,_i�t ��► � � _'` _ [�(Z A = --t-�+ � _- - �, �/' � ..
- ---'-�-r ..` -�;����:l �*i-`-� �1 rf l..:7 �yF���r---r� �� ""-�„_ V �;2 � . i� �, � -Q' ��� �
i.... � -,�TM
- __ L •-1 �) �,�� - : i �j\TI �-�- . 7� ^� -� � J )
�- . - - - .. ; � � ( ��1 ` � � . . �� i � � � - � --�.,.:,:,�_,_,,., .. �j _
- - �, ���� il! C- ?-� i =- di: ,p �
-- - =_- \ ���4 c--� i� fi :� � � .. _ _ � . , _ lil� q ��... ;� -
�. � �, _
� --
_ , . .
�.
. -� �� i�i�. __i � �
. . - - .._ ! � / •
� -�.�F,y ��,n � I�l_ . ' �
. ._.__- .-�` � �� . . . .. 1 '
• �I�" � � f {i . :. . ' - .... �J�
, ,�V _
. . � / G � � �`J �.. �,
. � � :4 _. '���`�i-� : \�-�" ' .. � � - � .
------ � - .�G—__• x � ��� � � �:r •'� � r.�"`�^�-,._:._ ._�:_�. �, � ,�_._ _ J\ ,;, ��1 r
�-- > >
. - �. _ ' . . ' --- . -
r ' h G, �.
_ o- - - � , -- - - :_, . , .�. , ..`. ,�
. . . -_.y = _- L,���``"�' �� - - ��'. `� (y,): . . �� ` � : . '� � .' .
�a _ - - - ^ ,- .'t .- /-j �� �l �� , ��r. . :� v.' .
' - i-: ''�_ -� ,i/ - `7 - v��, �' i. � .. [,
. ;
-- ---
r- _ �- �-., . - m a� �Z;
., . �W �
. . �. _ _ � `-`J .i�.+��� � ��7_ .l • J � �-� • • .1. ' -� O�""
- � .
� "
�
G. '
-'. ' ` J . ' ^ _
:
_"_ __ ' .
. _ -. v.�- . . . . ..
� �� � : i � - �, •� ati
_ �... �; � . _ - _ -- • � �, ;
-- ._ ,. , _
:
_ . �
,.
. — '_ � � 1, �-- r --.`- �.z _.
... �.
_ _. y " � .
— _. . _ r- .-,:� - % _ ,_ �
'�� , ' �.� - __ _ �. � � . � . .f,� '`.
�_'-_'_—____'__ ;� = J.__—_-.�. _ ,i, �' . O __.. � �•---_._" - j + - �Y'
...
' - _. "_ ;' . " ,.. -
_
: _ , , _ . _
>
. , . , \
- • ,- - -
. v _ _
. _ . . . .:.. - . -- -- --
:�
V
_ - . . - . <- - , -
.
� '•
_ . .. � - - ,- �r. __ ,�: .�
�
_ _ - , . . : �� _ ' V w.�: _� ;' ��� -' ;� ,- � -- :
I,� .- _ _ ��i- :.� •��j,� .`' .,� , - � . . . .'�.
, O`� ' :-. , .p • v� �. ` .
.
.
il--' ' _ . —. , ^_ .. . ___._- �e.r,..,,,.,-.....r. ..i . . � .�..._--•--�� �I� ��1.`r �-.�.._. ,.�. -.7 1..... '' _ .
.. ,
• . .
� . .
��W ... • . . . � . !
� -R ,: , . . . : ' .._ , . • . r __ . ... : -
, • , '. - -
; . _. . _ .
. , .. . . . _._ .
. . . ..
'� ..... - - �� �; �.__ � � __ �'?? ; ... :
. „
. .
. . .
-
. . . . . x �
. . . .
• • ' • - -
.
� �W , • � :. . .: } _ - _ _ . -_
_ . . T
- _ _-'. . . "" ,- :, 1 _ O� I_ �' * • �� •\ �.... ..
,. . . .,
. . ,. ,. _
• s- • ••• - - - -
-- -'. �� .. . .:: _,� � , _r.. _ k:':;,--�-'�.. _ � � .
: . ,�
- . • � _. • .. — ...
„ . . , -
�
. . , .
• - .v • ` — - - — -
• . � . . . , , o ---i�
. .:�5
. ._ . �
.. ____.
A ..... • F-+� _• � • -
_ _. -
, _ ... . . _ — --__._. _ .
•
.' .
. � . ... . � . " �.. _ .�. • � .-..x . _
;�
• • • !
•
..•----• . .. ,Ll- � . : . .; .. ....... , .. .. .....
,
..:... N ,.. � .
� ...
. , . � _ , -
. . . �� . 7
.. � ... .. _, . -
' • :
.
'• - ' ' -'�-��.� � '. �a: - . : � ' ;
A• _.
. ,
__ -•. . . . • ' �: r' �� , -+ _
..,.. � ..' =.r., '�; .� v-... •�j�J �• • . .. ...s N�_' ' � Y� ' - . ��
� ���. - �� a.�� . �•+�_•• �,. �L` .v '� .,�; 1 � � •}•' -:-
. � J ., _ �]
�__ .. .' ' ., ••= ' . . � ._. __ _, � •.
.
. •
V � ~ � �. � N vN
. . . . . .
•. r ..
. . .......� �
• . . _ .
. .�
�. . . .. - • �. . .
. . :'
. . . . . ........ ... I . . .
. • _
. . . �.� . . . - . .
. ......... .•- - r �:;.� N N �I A •. ;�
. . ... . _ _-._. • J � '�'�pf � N� -
.. _ : �:.. ' '-'' . . . ' •J ' A '�1 lT� -..� �.;!
--,,.� .. •• ,._...
. , _ -
� . „�,t :.. .y�... '.� t ,j�,
�. . . . �.._ • _, - -- - -
_ - S� ,. . �' y� . j7. . , •'1 . _._-=-''"��1� -��:-- -- -v` , ^��i S� � '� �� ,v v .
' .'_'.—'- __ .. . __ .— _ . . ` �a v _ � . . 1. '
-- _ - �� , n .Li - �\ _ N N'':��
_ ,.�i � � ' a _ , � li � .
� . _` . _. ' _. _.. ' � `_ .A ,�� ; �' �\ � =� •,� ,�:�='
. _ .,..: ..... .. . � " • � r � - .. •.i`r - �!- ` - _ ' ' I 1"'f/ 11 ' �
� � - , .. ,p-. .. •�. ,
•: .
�; y ' � '•• � --- ' � '�'- - S%'.
- _ • , ....__. ,
' - -- �"._.-.- _'> .�-� � ;" �r.. , '`; _'a ' ... .. . • -:�r � �! !-
� . � . .'" , �J . . � .. .� _ .. �r- . '_
- - -A - :.K� -�. ��,: . _ _ . _^ __ _ .; - _ - ^
'� / � �/ \ 'i� . .... _ _"���� .. _. .�_...�.�-. w„�+- J'i � \ �
`� ._ . .._ _. ., . � -__
, . ...„.. , �,
STAT6p� M,H N(bpTe�wr ai ��OtDlrict mc�ns tht RI[/ convWGutitKard�flafcdYlYYtYai. S1INIVE.907'A POLLI'1'lON �;ONTRAL
RiCCQIE6kw�Z'LRSHEDDl3TRICT �?MMwala+prdDi�vict. 1�04 HRIDGES. CULVE1iT5. 9abG�vi- �GEfVCY 3uDElvinon 1 7e�ai�tnct
SRUA7LP fN 71{E COUYTIES OF O� �'Bo�rd" m�an� lM CMM d� ilU�1 l.^�0 Dfld�!Of ftllW['!!Ot(M EII{ra�- adOpl�bY INMM[�thN^�t0 UM Idlowiny
,IV()1(A.HEN�EPIf�.RAdISSY AfVD rtuti`�r+d cAe Rln Cr«t W.�.r. al N etotm WM�T aMll b�coMwci�d. ruln in0 rKulakofu t� � kinrrsolo
wAbHINGTDN COUKTI�S. MINlVC.9�- �rd a�tnct, rlton[Uvcud oC lald r�{bpy��pp�ev�1 d Poi1u11on Cont�ol A(�IIICy� includinR
TA :c� "Mana�ett"R1p�i tM bWrd tM Od�M u[o Ita IocaUaa.nW ard eLr �m•nam.nw a aae�uoe. t��r�ta. as
YOTICE OF ADORTION OF Of m�nA�Rs d the Rite C»M WR� v�tion anA a perm�t [ar tM inaLll�iSon �un�ot
RUI.CR AtvD REGULAT10N3 tertlfW DISV�c4 tMr�ol tran tM bwrd.PIFes�nd�afi. wP(',1.filyd.)ufr�'�M.rel�un�to
Pt.�.�45 TAifE��'TICE ih.i uM lo�• �ai •Commis�ion�r"me■o.cne cauaft[or�ll pro�wwd br1A/r an0 2u1• ����aaR�d o�l:
Iow�M Rrl�s an0 R�[u IAUOM iK1�iYO�' Ca��,no�er d n.mru R..w�ca, ,,.rc,.n.n ee nDln�lu0 W tM marulKa WPC 1/.lI1W MtNst 1�.19f'1,re-
t�py�gp��y«M�„y.r,d iw Ric. •.�•��t■n�c�prlitY"m�ana ctcY�� N�sn'ppGcat�anlar�pvtmtlsfikC. IaUq�n etunflc��{di oi Vntn-�tal�
Cr�i W1lKtAM 6istnct •t a PuAlic .nlly�oa.town whollr af A��tly�Ith� $�pd.7.W�tar�n44.�vlr�rt o(wewn�p N�la:ard W PC 1.((Idd Jun��,l9M
HUP�n� Uc�a+ tMd bY �i4 Bo�rd �c �n the w�tlteMG duiCICS. arA bfM6a tpprorCilM SBlll Mw P.Of and
CentMY+11�,MintMaot+,onJul 1llR.11TZ, •ti "$h�ll" u mafd�tOry Aid nat qy�te sho�lArr anA Ga! Qtouttldl 1n W�n.liNO Apn117.tw.�u�
RULESANDRBG�L�TI�NSOF p�rmuu��. ,���,�,mi;��,P,�.��. ��d�for ci(banu in inira•sut���•
THtR1CL�CRBLIC ,j� .PVOIit W�tws" m�n� wa- 1.07 FLOOD PROT�CTION AND �°f'
w�rE[tsHEn o�srA�cr �.r��.adinae trr M.s 5.etia���.� COtYTR6L.9ubdlrit{at 1. �pa�p��a SW 1 -tl AIPCA Se�110 w��l�dl�
slu� P�Ifa7'a�SY1�Mt7 �I i wMM�IM Rlb�CMNc M��t�nMd Dfrtnet paul.fVl.d F�brvan I D.IYIO:
�' SW Sl - SS MYCA WutM• Fe�W
A�1�11T 1�A��M �h i"Pe[sm"�mM�b M IIWI�IAI�I, wp HNWISJMII���"Cnntrd Q alif�na- Lob.Bkd
A�NsuM)h�W� [�rm, p�r�nenhip.as�alatlon or uoe o[d�m�l�bY llopd�run":D�sm- Mril H71:
..113,3/ wATE}tSNLA +�C'�: DECLn- ctXO�slion, blic or 0«vat�, uu.eou�tlK.cltia aid viILa�a h..e ihe SW 75-79 MPCA AEanConW Moinr
RATfON UF POLlCY:CtT�1'1PN.suadi• �1�'•Pui+lPr HaItA"m�an��ed y.a3ain��te+i �'ehleks.f11W Mttt11.S1T2.
rtuon l. In orOr'to drry out conNrrr �nt1116n�n a�a�K sM�tn{to rerpd�ulMllty d�MCfi� "R I.IJ LAND U36 AlyO'9C1[L CHAR�C.
y iitd MI(ot[f11� rw�!b►r �ed eflaet:lv! TERISTICS.5Ybtllwilan i.Alipermu
liOn Of[M MOtf11 f��MICCYf��aLf� ifRptOY�Uf���ner�l s.mury co�w�• n�Puin�yM��in acdr m pra:eri ;pplldtqM tpr I�ntl tmQrovcments:full
thrdl(�1�lA UUIiNtlOM1,f�OM Cw�Vd�1d (id1ld tMBSVicI hymllf Ilf�iM hfilth�nd redac! r�t!
otMlT MrtBJ�pYl?eM�r.�en�fic pr�nco- .7i"Ganeral WlIf�T!�ri1Mt1#aid aM bilc lo»n cauaad Dy flol�d nt+1.. 71�LM fai Ivp�a�d rxl limilatioen fof
P� �hc intnded!am!���s at�M+l i�ct,�g:„t
PM�t0�N+q'M�e4m d�hr publlc Ma1tA �nclada am act Oe ttue�,tendint t0 �PM.C.SPD�:FIN 51wr�I�M 1�4�n+ii�'r"� 3urvtv R�OMu of tM Cpuep�s d t�Dia-
srd welLe�wa!t�provfdwit uw d 4tr �mprv�a��It or �����a Act sµU�ufiib Ih!fONlIR 0�/hOf1I�IML'I bY tricK.6�iM UN�ed 3tatn�qartm�nt K
natuT�l rnwrrn,t1r�au0u�emMt o!� the�a1�'a••e.be�e�o(th���mr• caunUn in uai�co�pa���ed�r�s�L.l i�l. ,�,�rrcvlmn. Soil �aa�rvation soewfcr.
publl[tarpxabon.��an a�wKry d the �l pNk x b�mltt tbt�n6rhiunts d C.T1T�. a�d cM/tlnrr�ota Atri�ulpual £=pm•
stau fo.�e a(v�s.id Parpowt. I�pr s llydtttncR F'Ioodpliln. [looew�Y wiA tload Irin�� mMt Statw�,as wcn reperu are avau-
v,6�tl In �M�cn�ptK d AlliaMsah Suc. i.e! PERntI'(5 IINDER M.3. C!{AP- for tM va�Iw�s�d H�ruks ariC re�oft ,e1c: �1 net avulaeie.��cwl;al wrrcr
ut�f,Thq chep4�11�tonswW and TCR 145. �lf$E AND APPROPl11ATICIN uom are��deflmd bp ttaWl�t.�.5.Ser ��pq�y mir be rqulra<k ol tM tpQUUnt.
+am�nu�.red ae u tio m.k•.rt�ct�re 4F FU�dC WA7ERS�.SaEAlrlHo�i:A tion tG1A2.S�'��d mrn�undlasalw� ��U llmil�Gaa(or Ws�nie.�e�s��+d
tt�i�OwR�� caP1 d �+eh +PPLe�uan la � p�rmu witela t!w(olior�ef distr�[raen t!»
..SuOd.2.T1LLa CNP�►411U 6�►ivwn .v61tp U t�9�ufw1 wda'M.S.Ch�ptR!06 uM t7 IedKtiuE.t11f�p71iCl�nt sba{I iBox
anlir�r7�b wat�r ei�v�Wn d WbUc t!w cmwn�tbe pncd��cat requir�d fu
and rn�7 W ciud u"MI�nNola N'�t�h �N.S. Secuau 106.37 l0 18{.d6�toNtbK Nal�ra: �1� Land.��o I.aO/}Nl Irom i7�vk�y 6t. �
�h�d AeL" ��tA mK�.Ptam ard p�dtidtfo�s ih�l! thr numtl hYRh xatR muk d a h�k�. �.1� WITISDAAWAI. OF w�TER5
t11.13 MANAO!''.ftS; POWEFS, Du- 4�am�•d ai tM�T'J a(t!r►ba�� p�p pr flo.a/r.a�d i2i Laad�rlhln',� Subdivtka� t.T1M wi�dnwal at l►auntl
71F-S. SubBYniian I. T'6� Rul1a/�f'i In am pYoa of�ItCp MR`�w�NN W ltltk4 fertt at a►Ivw or akum a Ne i�nQN W'd ard eurl�cv w�wr and I!»loeawn d�Ae
�xdn 1.o uw dt+c+w t�porp�w o[thl� d wcth � �AA��tioe liHd w�th tM sid!ot!he floo0plal�d�11��W�7 afCl- P{ac�d Al10E�<<t IIMfHa(�d11)C��
cp�p��en�y: Ca�niauv�+s ti rwuuir*i b1 M.s.seo- ounce on wen a nver or atrMen•�+c��+^ ia ea.��a�rtls d th�Mta�ota Pollv
�I7� A6��ru{M�n6 r�11!stlwM tn UOf1106�4{. er ii�wter.�M.S.3�[tlort 1DO.W.Snhd. uon l`antrd�/�ncr t�+!iM Op��enc
d(�e�.au tA!p�1fpo�Y o(tM aet��Id 1.07 PSA7'S.Subdivinat I.All P►1Wm• 2.� at Nap111�1 R�WYrc�.
UMpo�M�d�hn��w.�." ^�r?'P�i����Y+�t�O�°����~ �+�d. Y. Ail imprwane�lu of t��rv l.li DRAINS.ARARfAGE SYSrEMS�
G•w�l PYIaY lMMM��sY. cwLL W an7,tr�rm.N�l�rcaors�.latr ar n�4ure anA tYM M tandr�1th�n dfs�r�+�-
rt�f 1M 111N GY�A nuffh in tM df Mt'te!�lui3 be e�ebmlti�d!o �d�714r�iln�ar[Ia�Optaln�nq iMl).wr 5ubdi�ll�aN l.CoWp d P�+�F aed.{xe�l1-
�����h �ya.�[a�fi�Um am camm�nt f��ruq�yyso„����o��n cition:lo�tA�CONITI�tt40M1.�mprorw
7T�loilanni rohs rd r�LLLar�n0 M(on pr��[Son d SM(ItMI pi.�£ae# thcir aD�enes.b tt�LKttr�ct Fkmd PI�ln m�nt u,d r�pak d tnr prtvata dninaie
ta d srld PLt��IMI�recN1M it�ul 4 0��1 �p vd to the Stat� Ftood P1�in and �y�l�m.ap�n a W�d,r,fitil bf iSbC�itA
anr rvMl aM nplatlem�ul}h"�° �7' �h barrd aed no rak slier�a+shfll M�
y�Mo x s��1Mrl��pry thr�at �n �nd d qrba�raEsteerklin��epLt ar�s Shorel�adMina`�M�ntst�nard��nd u���� K��t � p+rmit fra� �h�
:nau Ea�deyl�d by tM MAnRf�n d th� ere. Crieeri,. Pian�to�oll Improv�nf�rotf ��,p��d�t��',p��ahad co.r
Rk�Cr.dt W�trurd Ol�tnct W dfM i.0� NU[vICiPAL ORDfMAlVCES. wuhln aud Prm sluu ba au6auttd m ta,ntosututa'�nqou�wr+n+ta.
w.�e�h purn�d Min�.sw.statiw DEV6LOPM�NT ANO PRAINAGE il=mati(atsaf th�d��kictldC�mMl. I.l�ER08K>"�PROTLGTION Subdiri.
C1uW+► �lt. �+ N1rr,�ot� W�Iw�M�d PLAHS.saeelrbla�i.C�aE es��uM review iad aYv�o•d toptlwr�ith�wch ,�m i. Ati �ram�, �c�r�uo�. �
Ac� �ep li� P�+� d �► h���n mrnxipal ordiotc�ea rsl�l{Iy W�Haee p�rtkneM AaU as msy�*+4��bY�� wu,si4r�IapMeF ard a�tar lard ufi■c�
h�. .�ar m�ftpp,fload Oufm,�nd rlw�e- rtua�(��. Al�mfeanew an W br w enokird,w�6-
�It ti�th�I�Mlen ot tk�Wd maruj�n laed��hn11 D�fif�d w�lri tbs E4ar4 Su6d.3,In addi{+w�to ILr r�qulrwemnq .d. ■oOMA. or otMr■ts� P�+M�. ao
' tp��tb a��d ro1M an0 r�l�tiau car Sob6.2. F•Ile`��MP�b iC tly dis d Ne ltanE�ids snd C�lerla d rtl11NNW I thRt ardw�,a11LUo11.tMdlm�ntauon aed
Ip7R W N�f��L�pWky'O(G1MC� V�cl sdt{iAfwld i4 Prballt Of 1({t hu ardi7�nct�.iMpMW[11Ml��11)Toc af al- K�Mn�•n prt�hr41A.
11Z.i.�,tlrl the wi�DfKriM wY aNa nwr►.sWtpeep�n��Pu 0 Ip.�d in t6r st�oh and tload P�in as*u Ll1 P61UM17'b.Sahd�Walan t. A1I pn'�
1i,1..6 b carry ert tpr eon�.+uan of tt» Wu in .�rd�no��Itfi�+�� uwt r�11 pdveneF�af(�et tlx sbiUq d m�u wlrn nur�d.,irlt ee n[Md by IA.
Mwli{ rm�ttl Mflblll It YP� 7w�1d ltMi fa f�M stilft tOf tM III��M� (IM IMt1M�a��G�L fAOtN1�N itl 1Cl ���t aAd fK►�4r1 d 1M OO�M a
!dMlI�IC P„�P�f0�lh� oe a( a�d lftfrpol'Mt19°d pt[t�C'��►IIl4 rt �e�Illl�r to tM VR�nant wrfacr.�' [h�1�0�K�n�
s!r pasllc lwita aad .� aaa thr �tp�l tran urb�u de�4m�at aed h1e�* trr:a�ter duvfs�,and P�+�� s.ba.:.no mauer rwlui��a p�rmit
PfOYW�ltl YM d oIIC NWf11 T��Wfnl;�� u3r �n ce.m.erdqll�', �°e ee� a reduee e�e rto. d�i e�r .. a1�U b.cv�•a acix w�b.+�r•*�e
is S6Yr t1SMItb11 t11�tl�Ml t�nb�ewr ment �Ylds7 and dT�lll��f Plaos If1! CMr[p dir�cll� (o lueh w�1R7 Or i� . d llM P��I a�d 41��o�rd t�ll hi nW>•
fknMd anA WQualsifn0 h7 a�t3M Runl�to bs Mt Sn IL�Nt fuNsal if#te verxNY affsct u��ir dflciede�l ln u0n rr [i�dw#t11tINRNIIlr/P�wliicl�NiP'�fT7111
�.M�Wr�PralAw ro as W m�l� Nt �pleb s�la not b�uMd ay ArmR�.fltl� sp�cS or unW1Y rvnlrkK tlr w�t�r�ar►Y• M�a ia�d.i�compMt�d.
lax dt�[tlw, siu�.or o��w Iw al l�r�d.i�lort a p�r uy ctp�Clty o[th�eMnM4 $y�. 1. M appildtlM (Or a perntit
It i�tM i�tWtlon ol Shf�y� mit[rml tIM bo4ed. t.M WATEA E.08.4. 5ubdi�iti4n I. [n �Nll b1 act�d upen wii�ie�0 d�yt br�
,erw�r a0e1��o esr mwuawl d(6 Mon�cipWtlN�Ir!{,p�+«to ttn�i a�c� otd�f tNt t!M wate[s o[tDe dirtCltt R1ar p��trw��d�t�It 1�r�csl.�d
CaL in�pryrr�IMou d tht cnoNtlpU t�an. IVM ntk �Ee to�astm �htlr prn not Le ratted.61�efuR���Nre!and Subd.4. 1f�ywHit appllcaUon ia rr
arai�e tr�n ,�� �►. m�rroeivs► I.�a poad�.�a a�v.low+�t fwd��nd dn��n iat. adi�e�nt ce. �u�ee d and �Iaa1 ru..e ar�nnua.rej«a u,�uam.tn.
�e�WM,Ia�M is a m.wdoal a��pl�a wiu��t�Nm�a1�o�prepe�d lin+o[dnuu.a�ww ah s�ppe��tur ippueant maf,•ie1u�7c 4�y�dw�ra a
reipo�wbilt�ac�+���+orv�' d.velepm�nt �ueeare� �b�ch are (JN��tryMjqndYldtlfltM�aNa•t;� ��r,��wapplla4�an.
�d bf law. d�wmd m�e�pWle�b4■nd in eaalxm�• i,d p�pe.�u exurFtio�a■�+e dtelyd�n Sred.b.Q���ri u vKn+lt tran tne
TIM�wwr..f�++Hlt rwt�.l.nd drr�E q witb tbr di�v�n'�owe�ll�e�a�car ,.hi�h■a�d dralfu,e�wK qN and Pi�ae is r,unyK�Qow na►r�3�rrt tM avVGc.a�
apm�au�al P�►+�t ap/Uduau sw■�r. u,s.nt wlta i�1�aQd►t�o �uns�l D°� lal0 eitip. Ra Prv.ent Ns eat1+K� 41r [rom ltr raP�+hlllt'/d obtalnSn�any
rc�Mly �/�th Nf Clt). rtlly�� Of tV�n cin. TM bo��d 4h�lk fi1�Ib CG��� chu�b.OI�sIR�poe�nd laa Ot uM�►IILK. 4tIMf�AOltlh�l WtAOrq�ItlP�rW Wnd�
��t4 �r mrNeliullt7 rithln 1'A d.F be.sNC ln�eeo�nc�Y wieb pre{iu� M gy
.aw�w+e ur Iaae��n Isw+.�- 1.1�bt�tli'ORCa11[Cel'l'ANP S ERA-
� tAn�(tw- nMn�P�kr aa ma7 br raqs�r�d BII.ITY, 9r4Ai.i�m L 7W dlakicf may
A11 P+r�a+!s ur nrrmP�}�� SaDd.�. WMr.runatt traa t,�t tlrt tb�cimms�..cu aed u aFv�d trr� a�rcn�.tl 1���c.t�rr�d uPw�ic ey
uaf�fi�L11K 1 1/l0 Of YPa�°)'
!(�4j�Of LIf�11Mw in CE�TfC1R i!C� bwM. PLtp�ur tte co�rtroct�on af riF Mlnenou Stat�tw. CBwter 112. �n rn-
r�l pedputy 7�1K+dJ+�� u P��' b IE�O���ae d lbe wst�n d dr�im.�N�►tik u�A pipe sh�ll Ee bled fas��K the rnYq�MI r+pt�Uaia�de4led
eMp� rHafeaY[M/, 1��F. a� tN�C111M 4YEIItIeK,
dr�cY�1 pl�taty m NeY��1�arru w�q te�a�trrc�a rtlubM iJ�+�at alcb weeR che ba�M(a!t�cao�t�M!ra� hwwn.
ee r.arir.a a.�c.n�u�..n�/ aau b..�e..n�,.,d.Kwr�vo��ea11 e. --�""'!` suw,:.u rQa�nr...on.Rr�ctson or
a�d .ac�et� �de�wn u mq b. rtuiats��w0 sed ch���te�1oa1 rmr ��� FB.Suemv�uon t.Tv Pr� medlrl�an d u�rnlM and r�a�.uav
���e�►p�1!r HNeh•hieh nlelqali�Y• ser►! LM famf (ar 6�tlkya! uMi. �w �l�a�W 011MId lnr�l{4 athA�etpon�Nll
�oee actin�l.a mar Irw aa Wr �ad�, 9rOd. 4. To peevk� fa coetdlnt�d maraksh.IltieOrainrd. apinLllY ' „n�■it.� Nr wll4lly d Ur►r�maan�^t
m.r,Yi lat„��d wrt�reowrn d th+ ms+Mi�ant d�+ce w�tns�BwtlnP nor iNMd whotty or R��P^a•aurr- roin�nd r�rLuan�
tllttrM. Snc# iHaemni� shorld �qo� er of I�nd sdal!pbnit w tlrmraitiP�dl� v►�u 3l�turb�d�iWr��pecmlt fra�H� SuOd, 7. T��RM tYMM �MI rqulauons
yr�Ml��d ludrt edMlLons s�th�coe� a wr[�tt�atw dr+uu[�V�n whlM fa in hp�rd, N!municiR�tr wirr!!l4t�t�d, �h�ll cwdd'Ifl to Aiinnet6L La� a�d i[
�sn�ar e�wia��+���+d• a.r. eoroas*mq�ntn ths Mon►e1y�7 ar,u,at� +id u»Ca*�+�,ala�e YT� m�ons�.ure itNrn,u�. �M �ueer sn.0
mrt aPPu�+uan form�r�ll proae�d bY P?se.In t���huocr d aa+PPro+'�m'�' �owrn �nd chtN rulM •nd �•t,�jauorts
t�man�p�f Th�P�rmtt�pPJIC7ltion nx��er��� pVa. �� �"�P���� Suhdriyo�i.Permn�(or;m Nnu
��� are arilllld�d�CCO�'•�r
�horM b�dMutt�d Noe�w�1�a�rP�lttn arttl tM dn�lo�r of land �dpewtt to oY riWn�n n.r�ee�n af tM bwb,w�t�an0 t.S�APPEALS,Sul+�r��ial 1.My WI•
�taWM1NM 0� � ltfM da�ttbl�L l�kn. p�flM1�aent wai�PCour�ef ilfd sMro[d(akss and fVYma in r��Ut�! ty ���evad D,v lMM1 fuks�rd feN�•
proyrMd �va# a anY oIAR P��nt nunb areu wqlch arr O1mU7 frl6utarY 6rforY�ItM wWk mtY bt d01K.IrRn the uaa a br�ny ard�t o!1M Eo.rd ma4e
ma4��^���d.sa.P�emll*p� te w�h�ata iMu mast lilf t de��*�L� bo.rd a�d Ne Canmi�arr.u nQ�ir�d ltrreand�► m�r a�ul �s Peovided in
pUC��af�Hu�h��dtl►Ns��� pi�n�rltA t6�Ilfltr�ct�oC oblalp tfie hY itah�t!�IYd 111��ItMI reralL{bll N tTf MNIM�OIi SSlp1lA,CIIrO�Ill-
Ric+Cn�t aNw+frt Dl�trrct haud'� aPC�vtil o[ tWr dralnaM D4" distr�et. Dawd W�llth diy d Juty 3917.
�a Sp yK�p�nt d�e1�µ�d l.I� 3AN[TATIOI'� AND Pt713LIC � Mt4.8{7R L,liQ�'ER
Bwrd ai IMa�aqn HbALTf1.9obOlvbioe l.[n�r in�ertat o! Fnatdntt
}Pj��rmie�ou 66q1 Im��t
���y!�paiauor La����w �anl44oR■od[or iAe priUe hulW+rd lo s ROE6RT R.HAMILTON
Plaa lor h��hw�Y eam���larW tNor�d try tM manicip�f d►�1e.N P{�� prevent 9dia�ion to tM rat�n d�h■d1F Seent�n
sn�U be.nmrtud ta,na caai4+r�bf vlct ia� No c nk or ottnr�n:u
b�1Y�1114 t0 lM maNfK�lor rrvllN � I IMrabf CKti(r tN;[t1N forqarY!is�
a�d t+anmrht dl ��s al(�CUI� t!r iAe mfey�n d Sln difiriCt.'1'IM P�►mtt di�wul laetlltv ilull aut(at dlr�etly w vy�■�d ee�ct�pp�aP tJM Rvin and Rnr
v�t�r reaOUK�+d lhf Ol�t►�cl,in�Yl�llj aq�l�atWe ahaU iocM�d� ' �'�AL a�d i�d�rntl�f��o a�ry lik�,rr�t�fetY[fN.Of ul�tlqu�d�ru�by Ihu BR�fd M Ml�na�•
the adq�.�.ry af icor+�+w�ur faau�� �emm�cenaot phr�d�p�d m eonvd puaiic s prir��e arsin; �n� No prrion. er■d the R4c.Cred W�ter�nea D�nns�
ch dAeat d a�dYn�ln th�pub�N�- p�bHe or prry■� za'O�a4ort, a�a�oc�a- ac a pYWlt TNt11�lMld thR�DY fitd
U�dlftnc�. t�rs d lIM dii�Yct A writwt OM'7�1it mwt tia�.or-otlMr fnU�7�Atil EIfpON O!anv
Tb�dfavict�6�11 ea�rcn can�rai owr 1�ed bdwe s wait i� wo:u, MuMan. snim�l,ar indutvlM.oy &+�R1 an July ifth,t9'fS.
D�ppprd 6rwlqnM"u onl7 W tM uunl a�"°"ur°�' �»rNtli�ut7 or land RO$FJtT R.HAMiLTOH
�Wry to iMun Ns��nt1n11Cf a ��M���� caaVllR slcti warie.OlereUy a ind1,-redy S�ers{+�ry
Mld�d NWfi1V w1flf/WRi��ffl/.wY �'���• �pt0 n�r likf Of fVdM.p11b11t Of W1vi�e BNfA 0�A4NRKf.
��i.dyr,�,��p�r sMrNlnw; ;�d IM �.0�H1CH1YAY8 AND ROAD3,So1d�• dnlru�s ry���.a ra.d diicfi wiNin lM Rict CtMc
P�{pn d tM n�Wnl t�f�Ob1'�^d nu�n 1. A1f 9k^s!a htL�ar�^�[ME dfitnet ond ih►rebY polpt�tfw w�tefs d Wat�rtMtl PisVtft
ve*eYYvf M111�d lM It+��n0 W�IIf CON�C110� l�11 6e lltbmlttld W tM �Mdi�WCt. D�udSulY 1�,la7'!
��w�d IM tllslnee m oNK to Pr�rve Do�rd tor u�wr ca�er�t rm�.and re� ��uRu�!7,�vTt�-�rC•�C
Ur um�fa Vrewnt and fu4�n e�ndici�l ao�+en�u�as W[lr�(1�a1 tk�
urn■rd�e prewn�umr���nd dwtrae- �trueUo�on the rnt�r�a W►diiu�ct r,+a
tiw Ow•�+M�
�'G� ��iH,� 1�=�I�:I i�'i %1�?��:_� ��,I�� ����TF�-;=�=;�-'T'� __ �ST t���F,T.�'`,[t;,,.��t
l .�.�r. i�. .i �T:l ._
� Community Development Department
� PI.ANNING DIVISION
City of Fridley
TO: William W. Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
�chele McPherson, Planning Assistant
DATE: September 30, 1994
SUBJECT: Paul Harstad's Appeal to the Board of Water & Soil
Resources of the City of Fridley's Denial of
Replacement Plan #94-01
Paul Harstad appealed the City's decision to deny his wetland
replacement plan #94-01 to the Board of Water & Soil Resources.
The merit of the appeal was that the City did not correctly apply
the Statute to the facts, i.e. the City determined that the wetland
did not fall under Exemption 24 of the 1991 Wetland Conservation
Act. This exemption allows the filling of wetlands, if a plat or
E site plan approval had been given during the five year'�window of
July l, 1986 through July 1, 1991.
A five member sub-committee of the Board of Water & Soil Resources,
entitled the Dispute Resolution Committee, conducted the hearing
on September 8, 1994. At that meeting, the Committee reviewed the
record and allowed each of the parties to testify. The Committee
tabled its decision regarding the appeal until Septembe'r 28, 1994.
r On September 28, 1994, the Dispute Resolution Committee voted 4 to
1 to affirm the City's decision to deny the wetland replacement
plan. The Committee's recommendation then went to the full Board
of Water & Soil Resources on September 29, 1994 . The Board has 12
voting members and voted 11 to 1 to concur with the Dispute
Resolution Committee's recommendation.
Unless otherwise directed, staff will notify the neighborhood
regarding the Board's action and any future activity.
Please forward this information to the City Council.
MM:ch
M-94-596
_
_
CITY OF
FR!DLEY
FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612)571-3450• FAX (612)571-1287
October 26, 1994
Dear Neighbor:
On September 29, 1994, the full Board of Water& Soil Resources met and issued the enclosed
order. The order affirms the City of Fridley's decision to deny Wetland Replacement Plan,
WR#94-01, to deny Paul Harstad's application to the City of Fridley, to fill and create wetland on
� the property generally located at 5470 and 5490 East Danube Road.
This order does not prevent Mr. Harstad from appealing to the District Court of Appeals for
review of the Board of Water& Soil Resources decision. Should that occur, the City will notify
you regarding any future action by Mr. Harstad.
� If you have any questions, or further concerns, please contact me at 572-3593.
Sincerely,
���� d��
�
Mi hele McPherson
Planning Assistant
f
MM:da -
C-94-275
�
Planning 5/3/94
WR ��94-01
Paul Harstad MAILING LIST Council
Denial notice: June 28, 1994
Paul Harstad Thomas Fisher Roger Hertel
2191 Silver Lake Road 5477 East Danube Road N.E. 5501 West Danube Road N.E.
New Brighton, MN 55112 Fridley, MN 55421 Fridley, MN 55421
James Jensen Boyd Henderdorf Allen Messerli
1410 West Danube Road N.E. 5467 East Danube Road N.E. 5505 West Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Stanley Cihak LeRoy Corgard Joyce Christie Nault
1408 West Danube Road N.E. 5495 West Danube Road N.E. 5535 West Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Alexander Gonsalves Roger Harmon Virgil Lindstrom
1406 West Danube Road N.E. 5498 West Danube Road N.E. 5555 West Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Thomas Forsberg Jeanine Olds Robert Peifer
I 1404 West Danube Road N.E. 5468 West Danube Road N.E. 5575 West Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
i David Olsen/Margaret Hume Mary Adams Donald Johnson
5457 East Danube Road N.E. 5588 West Danube Road N.E. 5595 West Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Richard Sworsky Susan Williams Edward Smith
1411 West Danube Road N.E. 5568 West Danube Road N.E. 5584 East Danube Road N.E.
Fridley, MN 55421 Fridley, MN 55421 Fridley, MN 55421
Amir Mangalick/Shankutal Dennis Lemke Christopher Menon
Devendra 5548 West Danube Road N.E. 5564 East Danube Road N.E.
1415 West Danube Road N.E. Fridley, MN 55421 Fridley, MN 55421
Fridley, MN 55421
Conrad Rummel David Schulte
Michael Holly 5538 West Danube Road N.E. 5554 East Danube Road N.E.
1417 West Danube Road N.E. Fridley, MN 55421 Fridley, MN 55421
Fridley, MN 55421
Bryan Steppe Glenn Furnier
E. W. FuerstenbergJl��: 5528 West Danube Road N.E. 5544 East Danube Road N.E.
5516 Regis Drive N.�. Fridley, MN 55421 Fridley, MN 55421
Fridley, MN 55421
Steve Mackenthun Keith Harstad
Walter Ballard III 5502 West Danube Road N.E. 2191 Silver Lake Road
5497 East Danube Road N.E. Fridley, MN 55421 New Brighton, MN 55112
Fridley, MN 55421
� _ _ ,
��P. ��94-01
Paul Harstad
Page 2
Patricia Freeburg
5557 East Danube Road N.E.
Fridley, MN 55421
Jerome Junquist
5547 East Danube Road N.E.
Fridley, MN 55421
Roman Zawnirowycz
5527 East Danube Road N.E.
Fridley, MN 55421
Edward Otremba
5567 East Danube Road N.E.
Fridley, MN 55421
Richard Erickson/S.K. Mayer
5525 Matterhorn Drive N.E.
, Fridley, MN 55421
Michael Kittenski
5511 Matterhorn Drive N.E.
Fridley, MN 55421
Planning Comm. Chair
City Council Members
. .-
��
�_ --_. ______.__ ;:
, .
< ,
'�------__ -- ��r� ��-r- ^-�-c��-: W� ��Ot
� � ,
I� F�
—4-��,e_�r:
.----- --_ ____ ,r
,
! ' � ���- ��� (��� �
,.________ ...__ r? _ �
I
'�� � � �� d�.t�-��-r-�-�� t,�r5 � W�-��s
�__..-.'____.. F�.• .
`` �� � ��
, �
__ __ -
.:
� ;
� :
�--------- .. �1J,?-�s��o�.{
„
�--- _---.. __ :: �J�.c�P� `1'� l`���
, , .
; ' ��-,---___ _ '�. C.av1`tc.�c� �rTl)�.tG�
� ------ ` �-'-�'�— �-`���� _
�- -- .
_ . L�'ts t�o��fst77'��� t/u��5t1��.,�Ac�st�
I • �o��2.�t't--t o•n� vf`,ovw�-�
F--------- �
�._.____. .____--.._ :.
--. �� �uLY I� � l 9�`b
� � �
� �
� .t Ei.�v. °C,�w�r�-c. �r�,r�
_____ . _----
, �
,
----- -__-._ .; • ue�- A-��- t,a`cS _ ____
!;
, , • L�r�-n,�� t��.rn r e����se�v�
__ .. _. ._ __....,.__
r_ _ -- -- ���
,
��__ _____ .} � �— �- ��--�� _ _ _
: �
' Wte,P.►h'1-��t UM f�"L�+��Lr-Lz��O�l
.__--- __._ .___ .;
� -A��� �`1 < <���' .
--- -__ ,. C� ,�,�,��..� —
•�t � �-�- � �v����t __
: ;
`{ - �c����.t�— v�r�..���-����ta�t _,
� wt� vJ�� �-Q�� ��E-o
„
___----_----- � --
r
€' � • �t-�,an. �w,,� o�-►.� l,,�s �'� CP� �.+L?� _
--- ----_ k � QJ�s�l SF' ��YZc,�LT� �-a,2�t w��-
b`(�wt �'► �t�rJ�
' -_.__._ __ _ _. _
,
_ _ _ ; -. .
�
. ,
. ,
_ . . , �
. , ,._. ,
__. � .
. ...` _ . 4 , ,
�
. .. . •
: . . . , � �..� .'.�� ..�.
.._. _._. . . _. . . �. , . ��: .. . . : �y . .
. . . . _. ..` _ . . . . . . . .. . . .
1 a
!,: . . , �. ' _ � . ' ...�.
• � . . . . . � . . . . ' . . �' ' .
� . . . ' � _ ' ' , .. , . . . •
- . . .. . . ... . . .. . .__. . ....... . �
, _ ,
._�__._.__. _ ._...._.. . . __'_.. . _ . . . _..._ .. .. . . . .. � , . � _ ; � � � .
. . .:.,. .. ._...... j
... . . ... . .. . . . . .. . . . `. . �. . . . .. � .> . . �' . �. . .
• i
;
. . ._... t''!�'� 9 '4 � � . . ' • �,
. . ._. . . . _. . . .._. • . . •
9
" . . �
. . .. . ..,. . _ • . � � . _.. . ._ .
I _.
� � � � � ,
. : i
. ,-
--_-- , �- � ; •
i
--- ----- -- -_ _ --- -. _. : .
{ . . __. __.
�
_ �. � ---._____ __-____
. • r' i_'� •. .. , :f, . .. , ,
- ----- -___--' __ . , �___. . , ..�_ t� .,
t __---------
• , , •
,
, . .- ..� , . , • .1
� • , t � t . .•� . �f � I �
. . .. _-_.____
� �
. .
_... _._ _ ., . . ', � . ', ' .. ; , i i .' , r j , �
_. ._ _ ---- - --Y`
. . . _ ,�
•�} �i . . . . . > :: . . I
. � . . � . . � . . . . ,. _ . i��,fi"j'�, i
� �
s � �_ ;i, i� � � .
�
,
;3 .._____.___._..._.._.._.
S1L''1 1
, ,
; ;
; .
_-�'���� Q1___ l�o L111-�1_ � _ _�
i
____..�___ _ ____ L b� IS� ��,J� , _.__ _._.._ ._.__.._,
�4 �f- ;►
;�
_ _ ;�. . _----------
.______.__ ✓����� � t� �r�� •
_ �, _ . . -----_.____.�
_ . `►� �-�-� • �
_ �,-��-,� �. ,-w��,�� � �:�. ___..._____.____.__
G �
.� _____._ -
j _ _ �����lY� Q.L-t$'y i� 1�'� CG'ti'N...�YYI . �t
a ti �
_ _. _ � __ -__._ __
, __ �L b � �2 �''�(� i
� �' __.� --._._.____.._.
s�,r.•�.'�-wr��,�r-r� � �
_ _ :�,, � �,�, ��„ �, , j� ____..____
� ;
� ___----______
L��i � �1 -�►�� �
� _ _ __�_..�__
...��►� N���-►..�.�.. ' �
_,_ ��� ,..�.,,�.,,�,,,.,,,�,� ,�,�� --�, t� .�_..�..__..__
;,
1� --_.__ �_.__.._._.
L�b� � �i --�.-����yy ;3
;.
..
_._____.�. ___
, _ _ _ �.�n�'��, ---���.9 �n-�--� •
_ _ ,.��-��53�� �-�'�:3-�► � _u__.. �._..,
_ _._ -
-��r�� a� _���-t� �-Q-�--d. � . 1 __ ,
_ . . � ---- -
L��� � bl � i�
a
.
___----._..____..._.__.._
�L•L2• � --��-U-3't
�-�',�. .�,� ^����-r V���_ �L,�,1 . -----_...�....�._._
�is b 1 � � ��9d'�� ; -- ----�---
,.
�
:� . _
----- - -- -__ _ _
__ _ ; . •s - -
, �i
; _ __
, ,
. . . . . . . ,
_ . ; ,
• . , . � . , . { ;
: � � • . ' . • . . _ . _. _. __ —
• � � � . . , . . , _.
. � . i�
. • • • � '
' . . . . . � � _ - : -
, . .� . • t. , . � •
� �
.. . . ��
� : . , � ,: . , , ,
. . , �
__ , �
_ _ • a_., • �,; . � . . t . . . � • �
� . - , , ,_, , . . � �
, ; '
� . ; i
,:
�
� . . a
. .
. , � , .. ,
___.__ ____ ----_. __ ,
.
�__-- , . j . . �.
--_ __ _ . �
. �
• .
._.�-----__ .. : .J • . , . , . � . . t ' � �
_.----------. _.__..._--- -- -- . ,
_ . ..._ _. -_ .---._ . . . _. . . : . , .
. . . . . .. _ _ . _..__ .. -. --�-------
.
�
. , �:.' .� . . , .
�� . 1 . � . � . • . - •
. .
..___-. ---_'-. . : � �. "'
-_---._.._._._ _.._.._.___ _. . - '
-__ r _ _ _,. + �
. - I __ --_ -
'------------ ____ _ ,,J � .
I
_ ---_ _ .._
__ _ . ._ ___.__ _
_.._._ ____ _
_.._. _
--- - ____ ___ _______ - -
, t _
i
L__ '
___- — �
_�---
�d � �S '
_ --
V��IV ��� � j
° C�(,1��� k�i�,�vr►Av �Y�YL �c.7'-¢95
— -ta� �.� u.o �;�evu�5 Wt9��- �oc.�
� -��b� I
l�fstJGe�
o �.Go �#il l�T O'P .{�-tS °�dl G.��i �k%���
a i� ( f I
° �JJ1..11L 0�.1`T�� Wr ^ Vl0 I/�QqVIY'?iN�C� `t0 8�t+/� !d�
►..��� � � �'�r'K.c�� I � G�r-�i D�� � -�o
�}�¢✓ru.z-�'
I
'Ta U.tJ�cu-Gs tt� �PiJ��j�,C'� C� d'1�� BY- �ij�.G�Lv�7 D��
[
� �A�t�1.1[.Yi� I.1�C C-Z`5�`�`�� ° CE"h/+G'- WRJ l.d� LOfl�L' !�'� �T� U�1►�F 4�cl�ICT"
o IuL+�t,�' IM�b a"� I�'r V�frfS U�J� E: � - �"'_1�t� `Tl�-lE�
��4�tr� s� -TI-tE �wr.A.FG�
� �Sz t f.-thr2i`� -1-1 M,��#-,�l.E`� ° ►.i� 'w�Gi�FE�- 1��t�t�" `'T D -T�fEJ �7'7.�►�� _
� PL�vi-ih^fY��j �-�8�"5 ° �}D� �TD_{�aS�CJr'�?
/ �
a t�.! 12r'' (�l�/(l,� •
�S C�.�(I.l(AO.kL�?
' lt.���� sk�c,�� c�C.> ° W�}� i4� U� -T�frN�G' 'ta rrc.evru�u.�1- �
� ,e,���,�.,�t�-?zrtL v� ° U��- -� ��p �c��t.c c�i� -7'i u.�f-t G� w�d
�Eb1�� �b���- "��L�'> a���
I du 7a� o� �� -P���� �w
---
I o �--r-�+,� ��o-�c,�� V`���!s ��u-c.a
�F��-�2t'�°r-L 6� '�-L U.�
� o (�T- �`�C,�f �°ic tti-ts� �
� L,A�.iv �.T�Y-�oN�-�-t cr- � 'V`�<<.-
9 t��v� �h t��j��ca �i �2ol.t rr' �,t�rt1�L�'� `jD:
l
� ��+�Ct� � ��t�k- �t u_
Q ���1 �u�o,�., �
W��
° �Ec- i�oc•.� -ra �-u� M�e��nuq
f
° VAf.t(�S O���l�l.S � � �E 71�78"jt��
Q (�O�l.(1��U�FA�—i ot�.l � 11���;�c�L- I.d[S
f �/� _ � _ :
�. .� .1 Y � ?; _ i' . ` � � ��� Dv�� �!✓� �O�I�DLTI.b�s
�
- -
,-; :�, . , _ _ _ _ _ _
�-- --- __ _
PNOJECT
� —._._....'.'_._—_ __ ..._
..'_.—___'--__ ...._..
rt . . . —..._.__.. ____—�----�--------
_ :.r,.�.. .., , .... _ __..
�.-- '--_—_
_ _,_. — . ____. —_ _' _' '_"""____'—__. ..____'__'—'_ ___--_ _
��-`� �
i
. p_ _ '—"__—.... _'_ — _.—.__—__—.— _ _
i_ --
�3}
I
�
. i`. -- ------ ---
�
I-------- ------_..
I`, --------------- ----—
i
----- —--- -----—— ---------
.�
I�.
--_ ---- ---.._.--_---
�-:;.
�
. f V�—_— --- — --- -----�__ __—
I.:.. — - -- - ----- -
�..�
I
�
� j:iL �--------------�---�----- —�--�---�--
I------------—------�-----
i�` � -- .._._.--- --'— .
II�------------ ------------ ------------------------._..-----�
��..
i4, — ------ --
� � .__.—_—._..—_. ______
�4,
��— ___. -__ ___--_—.____.___. __._.______..___ __—_.__.__—._____
I�.::
�
�._--.—._.__.-- _.___--.__.____—_____.._—.____.—_-__. _—__—._.--_—.___
iia
i
-.__.._- ------ -. _
___-__ _----.__ _--
_-______--------
� � i.t
' I
�
_ �
_ _ _ _ _ _ . _
_ _ _ _
_ _ . _ _
_ _ _ _ _
; . ;
�
�� ���t�° r� �`°�t E�Y�`�.��n.
r �
� Community Development Department
� PL�v1viN� DrviSION
�
City �f Fridley
DATE: October 12, 1995 �
T0: William Burns, City Manager �
�
FROM: Barbara Dacy, Community Development Director
ti!Michele McPherson, Planning Assistant
SUBJECT; Illegal Fill by Paul Harstad on East Danube Lots
History �
As the Council is aware, in 1994, the City processed a wetland
replacement application by Paul Harstad for lots located at 5470
and 5490 East Danube Road. In addition, a variance application
to reduce the front yard setback on both lots was also requested.
The Council denied the wetland replacement application and tabled
action on the variance applications pending investigation of
illegal fill on the lots. Mr. Harstad appealed the City' s
decision to the Board of Water and Soil Resources, which upheld
the City' s decision.
The Council directed staff to investigate allegations of illegal
fill which occurred on the lots. These allegations were raised
by the neighbors during the public hearing held for the wetland
replacement application. Staff directed Ron Peterson, Peterson
Environmental Consulting, to review aerial photos from 1977 to
the present time and determine the amount of fill which occurred.
Investigation Results
In 1986, the City issued a land alteration permit to Homestead
Homes to fill the subject lots. The land alteration permit
indicated that the lots were to be filled to the easement line
which is located 40 feet from the rear lot line of 5490 East
Danube, and 20 feet from the rear lot line of 5470 East Danube.
The results of the fill activity resulted in all of 5490 being
filled, and only approximately 50� of 5470 being filled.
Mr. Peterson' s review began with the 1977 photograph. This photo
indicated no fill had occurred; the wetland was still in
"pristine" condition. The estimated area of the wetland was . 6
to .7 acres. The next photo to indicate fill activity was dated
1986. Unfortunately, the area of fill was not able to be
r- .
Illegal Fill by Paul Harstad
October 12, 1995
Page 2
calculated due to the oblique nature of the photograph. In late
1987, fill activity was also observed, however, it is not clear
that the fill impacted additional area or if it occurred over
existing fill from 1986. The wetland had been reduced to .3
acres.
Evidence of fill was also observed in the 1989 and 1991 photos.
However, this fill occurred over previous fill areas, and did not
include further impact to the wetland. No land alteration
permits were issued for this activity. No fill was observed in
the 1993 photos, although eyewitnesses reported dumping of fill
on the property.
Adverse Impact?
The fill placed on the property from 1989-1993 did not displace
any additional wetland area, and was placed in the same location
on the lot as previous fill activity. To say that the fill
activity in this time frame caused seepage into basements or
caused other groundwater effects would not be accurate. If it
caused surface water impacts, then the City's case is further
improved.
The fill placed on the property after 1986 was done without a
permit. Based on this fact, a misdemeanor could be charged and
the City could petition the court to require removal of the fill
placed on the property after 1986. Paul Harstad indicated in a
phone call that he and his father were not aware of the filling,
especially in 1993. Based on the aerial photo evidence, the City
has leverage to negotiate and prosecute for the removal of the
fill. Removing the fill, however, does not solve the problem of
future use of the property.
Council Options
Staff has identified three alternatives, their estimated costs,
and their pros and cons, for the Council to consider:
A. Pursue Legal Action
An action could be filed to require removal of the fill
placed on the property after 1986. Fill authorized under
the 1986 land alteration permit would still remain on the
lot. A new owner would need to determine the
appropriateness of the remaining fill and how much, if any
additional fill would be required to construct a dwelling on
the lot.
This does not, however, resolve any issues pertaining to
groundwater impacts. A specific hydrologic study for the
area, including a historical analysis of the rainfall and
r-- -
Illegal Fill by Paul Harstad
October 12, 1995
Page 3
groundwater conditions, water runoff amounts for pre and
post development conditions, and sworn affidavits from the
neighbors would have to be obtained. It is estimated that
the cost for this analysis could be $20,000-30, 000.
B. Allow Construction on the Filled Portion
Staff has been contacted by the Smiths, Fridley residents,
who are interested in purchasing the lot at 5490 East
Danube. Mr Harstad is "throwing in" the second lot for an
additional $1, and is not marketing it as a buildable lot.
In a conversation with the Smiths on Thursday, they
indicated a willingness to improve the wetland on the
adjacent lot if they purchased the 5490 lot. They would
properly regrade and excavate the wetland and add additional
plantings.
Staff determined that a 40'x75' dwelling could be
constructed on the filled lot without a variance. This
would place the garage on the north side of the lot, and
would require "stepped" footings under the garage to meet
the building code requirements. In addition, a soils
investigation would be required to determine the
appropriateness of the fill material. Some fill will need
to be removed that was placed within the drainage easement
adjacent to the wetland area.
This option poses no financial impact to the City, and in
fact the City stands to gain via the tax increase created by
the new dwelling. The neighborhood also gains aesthetically
and environmentally with the improved wetland.
If this option is chosen, the variance request by Mr.
Harstad should either be withdrawn or final action taken by
the Council. The variance was tabled by the Council at its
June 20, 1994 meeting.
C. Acquire and Restore
In this option, the City would acquire, either through
negotiation or condemnation, both lots. The wetland then
would be restored, and "banked" under the rules of the 1991
Wetland Conservation Act. The banked wetland could be used
to facilitate wetland impacts in our industrial area in the
northwest corner of the City (specifically the lot located
in the southeast corner of 81st and Main Street) . The
developer would "purchase" the City's wetland credit and
reimburse the City for its costs. Restoration could be
accomplished by the City prior to industrial development, or
Illegal Fill by Paul Harstad
October 12, 1995
Page 4
by the developer at the time of development.
This option provides a win-win situation for both the City
and the neighborhood in terms of aesthetics, environmental
impacts, and industrial development. There are few, if any
locations in the City remaining for wetland mitigation
sites. It is estimated that this option would cost between
$10,000-30,000, depending on the method of acquisition and
the timing of the restoration.
Paul Harstad intends to attend Monday night's meeting.
MM/
M-95-535
U Community Development Department
C� PLANNING DIVISION
City of Fridley
DATE: October 13, 1995
TO: William W. Burns, City Manager
Rick Pribyl, Acting City Manager/Finance Director
FROM: ��"� Barbara Dacy, Community Development Director
SUBJECT: Paul Harstad's Attendance at October 16, 1995 Conference
Meeting
i wanted to clarify the circumstances regarding Paul Harstad's attendance at the
Council meeting on Monday. Staff did not invite him. He contacted me after he
heard what Michele had told the potential buyers of the lots. The buyers were
advised that the City would not issue a building permit until the issue of illegal fill was
resolved.
I advised Harstad that the purpose of the Council's discussion was to talk about the
Council's options about the property, not to determine if a building permit is to be
issued. In fact, I acknowledged it was a public meeting, but encouraged Harstad to
permit the Council to discuss its options and legal ramifications.
Harstad said the fill on the property may be able to be used for a house slab. I
advised Harstad that the fill placed on the lot after the 1986 permit was placed on the
lot without a permit in the first place, and that the Council was not going to ignore
that fact. He continues to maintain that the filling was completed without
authorization, but I advised him that the owner is still responsible for complying with
the City's ordinances. I also asked for his cooperation for removing the illegal fill, and
if he did not cooperate, the Council may direct staff to pursue legal action.
I told Harstad the meeting was a public meeting, but no neighborhood noti�cation
occurred since the purpose of the meeting was to advise the Council of its legal
options before further discussion with anyone.
Harstad stated that he conferred with his father and that his father insisted that Paul
attend.
Paul Harstad's Attendance
October 13, 1995
Page 2
Finally, I advised Harstad that there are really two issues: 1) should the City pursue
legal action on the property regarding the fill; and 2) what are the options for
development or no development on the property.
The front yard setback variance is still tabled, and once issue #1 is resolved, Harstad
needs to either submit a letter withdrawing the application or finish the variance
process.
No matter what happens, staff will take whatever steps Council would like to see
occur with the neighborhood. I hope Harstad's attendance will not be perceived as
"imbalancing" the process. My intent was to analyze the scope of options for the
Council for��iiscussion only prior to meeting with anyone affected by this case.
BD/
�-�-�
M-95-536
. _ . .._ . __._ ___'__ ' - .... .. . �... v.Jv �..va 1. L
� �
�
I
�
�;;:;:i
E�#?i�-
`; Harstad Corr�panies
, ����;2;`
SENT VIA FAX ANA U.S. ��L.
`i,:
�;?; October 16. �995
's<>�:,,
<;<,
';` Yvlichele McPhersaa
'k Ciry o£k't-idley
;;
�; 643] University�ve., N.E.
��#� �ridley, MN 55q32 �
��€
s�s.
;�`:; Re: Y.,ats 5 and Sy B�pC�Z, Z�n.sbruc�Park North Second Addition
;�t"
ss�>
���;
� �#' Dear City of Fridley:
�r
,, .
Harstad Comp�r�ies nevE,r authorized the placemer�t o��k11 tnateria� oz�the above-mentioned iots in
t. excess of the arz�ount originally placed on the site at the time we applied �For a� excavatxon/£�Rl
;�{ pei7nit.
If it is determined there�s excess fill on either of th�se Iots,�axsEad Conapanies is happy to
remedy the situation at the time a bu��di�tg permit is applied for and granted. We fttt(y intend to
:> cooperate with the Gity.a�ad nei��ibors on this mat�er, btrt we have e��ry it�te�tion of;receiv��g a
-}s> huitdin�p�nnit for Lot 5. Therefore it would be pz'e�ataxe to remove atiy fill on either lot until it
£�t is l:nown l�ow much mat�rial is needed for home construction o�Lot S.
#�-.
� 3 F�eas�include thas �etter as part of the public recorc�for toni�hc's ciCy council meeting.
���<-
<Ss:
:>f:'
>i;
�inCerely,
HARS�'AD CQMPANT�S
- ��-/l� vr•��CZ�
:;;,
/
�� k'aul W. Harstad
Dantill
�a�' 1��
""I���l ��!�f
��/ l�_8it��er Lalco Road • New Brighton,Minnesota 55112 • Phone 63b-3751.
�""'_"-'� aEAtTOa�
/
I
)
�
EXCERPTS FROM CHAPTER 18 1994 UNIFORM BUILDING CODE
I
Chapter 18 is printed in Volume 2 of the Uniform Building Code in its entirety.
Excerpts from Chapter 18 are reprinted herein.
Excerpts from Chapter 18
FOUNDATIONS AND RETAINING WALLS
SECTION 1801 —SCOPE
1801.1 General. This chapter sets forth requirements for excavation and fills for any building or
structure and for 1'oundations and retainine structures.
Reference is made to Appendix Chapter 33 for requirements governing excavation,grading and
earthwork construction,including fills and embankments.
1801.2 Standards of Quality. The standards listed below labeled a"U.B.C. standard"are also
listed in Chapter 35,Part II,and are part of this code.
1. Testing.
l.l U.B.C. Standard 18-1,Soils Classification
l.2 U.B.C. Standard 18-2,Expansion Index Test
SECTION 1802—QUALITY AND DESIGN
The quafity and design of materials used structurafly in excavations,footings and foundations shall
conform to the requirements specified in Chapters 16. 19,21,22 and 23 of this code.
Excavations and fills shall comply with Chapter 33.
SECTION 1803—SOIL CLASSIFICATION—EXPANSIVE SOIL
1803.1 General. For the purposes of this chapter,the definition and classification of soil materials
for use in Table 18-I-A shall be accordino ro U.B.C. Standard 18-1.
1803.2 Expansive Soil. When the expansive characteristics of a soil are to be determined,[he pro-
cedures shall be in accordance with U.B.C.Standard 18-2 and the soil shall be classified according
' to Table 18-I-B.Foundations for structures resting on soils with an expansion index greater than 20,
as dete;mined by U.B.C.;[a�daid 18-2,shall require special design consideration.In the event tl��
soil expansion index varies with depth,the���eiQhted index shall be determined according to Table
18-I-C. �
SECTION 1804—FOUNDATION INVESTIGATIOM
1804.1 General. The classification of the soil at each building site shall be determined when re-
quired by the building official.The buildir.g official may require that this 3etermination be made by
an engineer or architect licensed by the state ro practice as such. }
1804.2 Investigation. The classification shall be based on observation and any necessary tests of
• the materials disclosed by borings or excavations made in appropriate locations.Additional studies
may be necessary to evaluate soil strength,the effect of moisture variation on soil-bearing capacity,
compressibility, liquefaction and expansiveness.
In Seismic Zones 3 and 4,when required by the building official, the potential for seismically
induced soil liquefaction and soil instabilit��shall be evaluated as described in Section 1804.5.
ERCEPT[ONS: 1.The building official may��aive this evaluation upon receipt of written opinion of a
yualified geotechnical engineer or geolo�_ist that liquefaction is not probable.
1-252
(
I
G 7994 UNIFORM BUILDING CODE EXCERPTS FROM CHAPTER 18
�
2.A detached,single-srory dwelline of Group R,Division 3 Occupancy with or without attached garages.
3.Group U,Division 1 Occupancies. I
4.Fenccs.
1804.3 Reports. The soil classification and design bearing capacity shall be shown on the plans,
unless the foundation conforms to Table 18-I-D.The building official may require submission of a
written report of the investigation which shall include,but need not be limited to,the following in-
formation:
l. A plot showing the location of all test borinas and/or excavations.
2. Descriptions and classifications of the materials encountered.
3. Elevation of the water table, if encountered.
4. Recommendations for foundation type and design criteria,includin�bearing capacity,provi-
sions to mitigate the effects of expansive soils,pro��isions to mitigate the effects of liquefaction and I
soil strength and the effects of adjacent loads.
5. Expected total and differential settlement.
1804.4 Expansive Soils. When expansive soils are present,the building official may require that
special provisions be made in the foundation design and construction to safeguard against damaQe
due ro this expansiveness.The building official may require a special investigation and report to
provide these design and construction criteria.
1804.5 Liquefaction Potential and Soil Strength Loss. When required by Section 1804.2,the
potential for soil liquefaction and soil strenQth loss during earthquakes shall be evaluated during the
�eotechnical investigation.The geotechnical report shall assess potential conseyuences of any liq-
uefaction and soil strength]oss,including estimation of differential setttement,lateral movement or
reduction in foundation soil-bearing capacity, and discuss mitigating measures. Such measures
shall be given consideration i�the design of the building and may include,but are not limited to,
ground stabilization,selection of appropriate foundation type and depths,selection of appropriate
structural systems to accommodate anticipated displacements or any combination of these mea-
sures.
The potential for liquefaction and soil strength toss shall be evaluated for a site peak ground ac-
celeration that, as a minimum, conforms to the probability of exceedance specified in Section
1629.2.Peak ground acceleration may be determined based on a site-specific study taking into ac-
count soil amplification effects.In the absence of such a study,peak ground acceleration may be
assumed equal to the seismic zone factor in Table 16-I.
1804.6 Adjacent Loads. Where footings are placed at varyinQ elevations the effect of adjacent
� loads shall be included in the foundation design.
1804.7 Drainage. Provisions shall be made for the control and drainage of surface water around
buildings. (See also Section 1806.4.5.)
SErTIUN 1805—ALLOV'JABI_E FOUNDA'TION AND LATERAL PRESSURES
The allowable foundation and lateral pressures shall not exceed the values set forth in Table 18-I-A
unless data to substantiate the use of higher values are submitted. Table 18-I-A may be used for
design of foundations on rock or nonexpansive soil for Types II One-hour,II-N and V buildings
which do not exceed three stories in height or for structures which have continuous footings having
a load of less than 2,000 pounds per lineal foo[(29.2 kN/m)and isolated footings with loads of less
than 50,000 pounds(222.4 kN).
SECTION 1806—FOOTINGS
18061 General. Footin�s and foundations shall be constructed of masonry,concrete or treated
wood in conformance with Division II and shall e�tend below the frost line.Footings of concrete
1-253
i
I
�
I
APPENDIX CHAPTER 33 1994 UNIFORM BUILDING CODE
� Rough Grade is the stage at which the grade approximately conforms to the approved plan.
r
GRAIiING is any excavating or filling or combination thereof.
KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of
a proposed fill slope.
PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the
civil engineer,soils engineer or engineering geologist.Such inspections include that performed by
persons supervised by such engineers or geologists and shall be sufficient to form an opinion relat-
ing.to the conduct of the work.
SITE is any lot or parcel of land or contiguous combination thereof,under the same ownership,
_ where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal
distance to vertical distance.
SOIL is naturally occurring superficial deposits overlying bedrock.
SOILS ENGINEER (GEOTECHNICAL ENGINEER) is an engineer experienced and
knowledgeable in the practice of soils engineering (geotechnical)engineering.
SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the
principles of soils mechanics in the investigation,evaluation and design of civil works involving
the use of earth mat�rials ar.d the inspection or testing of the construction thereof.
TERRACE is a relatively]evel step constructed in the face of a graded slope surface for drainage
and maintenance purposes.
SECTION 3309—GRADING PERMIT REGIUIREMENTS
3309.1 Permits Required. Except as exempted in Section 3306 of this code,no person shall do
a7y grading without first obtaining a grading permit from the bailding officiaL A separate permit
shall be obtained for each site,and may cover both excavations and fills.
3309.2 Application. The provisions of Section 106.3.1 are applicable to grading and in addition
the application shall state the estimated quantities of work involved.
3309.3 Grading Designation. Grading in excess of 5,000 cubic yards (3825 m3) shall be per-
formed in accordance with the approved grading plan prepared by a civil engineer,and shall be des-
i�nated as"engineercii grading."Grading involving less than 5,000 cabic yards(3825:n3)shall be
designated"regular grading"unless the permittee chooses to have the grading performed as engine-
ered grading,or the building official determines that special conditions or unusual hazards exist,in
which case grading shall conform to the requirements for enginee.red grading.
3309.4 Engineered Grzding Requirements. Application for a grading permit shall be accompa-
nied by two sets of plans and specificai;ons,and supporting data consisting of a soils engineering
r�port and engineering geology rej��;�rt.�'he plans and specif::.,�?�c,-�s shall be prepared and signed by
an individual licensed by the state to prepare such plans or specifications when required by the �R
building official.
Specifications shall contain information covering consh•uction and material requirements.
• Plans shall be drawn to scale upon substantiai paper or cloth and shall be of sufficient clarity to
indic�,te the nature and extent af ttle worl;pruposed and show in detail t::at they will conform to the
provisions of this code and all relevant laws, ordinances, rules and regulations.'I'he first sheef of
each set of plans shall give location<ff the work,the nam�e and address of the owner and the person
by whom they were prepared.
The plans shall include the followinr inforn�ation:
a–`.:,:?
i
r
�
1
� 1994 UNIFORM BUILDING CODE APPENDIX CHAPTER 33
i '
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of ter-rain and area drain-
age.
� 3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and pro-
posed drainage channels and related construction.
4. Detailed plans of all surface and subsurface drainage devices,walls,cribbing,dams and other
protective devices to be constructed with,or as a part of, the proposed work together with a map
showing the drainage area and the estimated runoff of the area served by any drains.
5. Location of any buildings or structures on the property where the work is to be performed and
the location of any buildings or structures on land of adjacent owners which are within 15 feet(4572
mm)of the property or which may be affected by the proposed grading operations.
6. Recommendations included in the soils engineering report and the engineering geology re-
port shall be incorporated in the grading plans or specifications. When approved by the buildina
official, specific recommendations contained in the soils engineering report and the engineering
geology report, which are applicable to orading, may be included by reference.
7. The dates of the soils engineering and engineering geology reports together with the names,
addresses and ph�ne numbers of the firms or individuals who prepared the reports.
3309.5 Soils Engineering Report. The soils engineering report required by Section 3309.4 shall
include data regarding the nature, distribution and strength of existing soils, conclusions and
recommendations for grading procedures and design criteria for corrective measures, includinQ
buttress fills,when necessary,and opinion on adequacy for the intended use of sites to be developed
by the proposed grading as affected b�� soils engineering factors, including the stability of slopes.
3309.6 Engineering Ueology Report. The enaineering geology report required by Section
3309.4 shall include an adequate description of the�eology caf the site,conclusions and recommen-
dations regarding the effect of geologic conditions on the proposed development, and opinion on
the adequacy for the intended use of sites to be developed by the proposed grading,as affected by
geologic factors.
3309.7 Liquefactio�a Study. The buildin� official may require a geotechnical investigatior. in
accordance with Sections 1804.2 and 1804.5 when,during the course of an investigation,all of the
following conditions are discovered,the report shall address the potential for liquefaction:
1. Shallow ground water, 50 feet (15 240 mm)or less.
2. Unconsolidated sandy alluvium.
3. Seismic Zones 3 and 4.
3309.8 Regular Grading Requirements. Each application for a grading permit shall be accom-
panied by a plan in sufficient clarity to indicate the nature and extent of the work.The plans shall
give the location of the work,tt�e name of the owner and�.re name of the person who prepared�he
plan. The plan shall include the followinQ information:
1. General vicinity of the proposed site.
2. Limiting dimensions and depth of cut and fill.
. 3. Location of any buil�iings or structures where work is to be performed,and the location of any
b:iildings or structures within 15 feet (4�72 mm)of the proposed grading.
3309.9 Issuance. The provisions of Section 106.4 are applicable to grading permits.The buildin�
official may require that arading operations and project designs be modified if delays occur which
incur weather-generated problems not considered at the time the permit was issued.
The building official may require professional inspection and testing by the soils engineer.When
�l�e btiil�lint>,off�c�<:�h ., .�.�.: .,t�_,-,.i;c:•<�ti,at��eolo�ic factors�nay be involvec�,the�,rad�n�,;:v�l�'=c
reuuired t<�co.:f`f�im_?��er<<,�n���cres3 _=rz�din��.
_ -- 1-511____
�
i
, I
� ,
1994 UNIFORM BUILDING CODE APPENDIX CHAPTER 33
i
i
� 2. Reinspection fees assessed under provisions of
' Section 108.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 per hour'-
3. Inspections for which no fee is specifically indicated . . . . . . . . . . . . . . . $30.00 per hourz
(minimum charge—one-l7alf hour)
�The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between
the fee paid for the original permit and the fee shoN�n for the entire project.
'-Or the total hourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision,overhead.
equipment,houriy wages and fringe benefits of the employees involved.
SECTION 3311 — BONDS
The building official may require bonds in such form and amounts as may be deemed necessary to
assure that the work, if noC completed in accordance with the approved plans and specifications,
will be corrected to eli�ninate ]razardous conditions.
ln lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building
official in an amount equal to that which would be required in the surety bond.
SECTION 3312—CUTS
3312.1 General. Unless otherwise recommended in the approved soils engineering or engineer-
ing geology report, cuts shall conform to the provisions of this section.
In the absence of an approved soils engineerina report,these provisions may be waived for minor
cuts not intended to support structures. �
3312.2 Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and
shall be no steeper than 1 unit vertical in 2 units horizorital (50% slope) unless the permittee
furnishes a soils engineering or an engineering geology report,or both,stating that the site has been
investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard
to public or private property.
SECTION 3313— FILLS
3313.1 General. Unless otherwise reconimcnded in the approved soils engineering report, fills
shall confonn to the provisions of this section.
In the absence of an approved soils engineerin�report,these provisions may be waived for minor
fills not intended to support structures.
3313.2 Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than
1 unit vertical in 2 units horizontal(50%slope).The ground surface shall be prepared to receive fill
by removing vegeta�ion, noncomplying fill, topsoil and other unsuitable materiais scarifying to
provide a bond with the new fill and,where slopes are steeper than 1 unit vertical in 5 units horizon-
tal(20%slope)and the height is greater than 5 feet(1524 mm),by benching into sound bedrock or
other competent material as determined by the soils engineer.The bench under the toe of a fill on a
, slope steeper than 1 unit vertical in 5 units horizontal(20�/c slope)shall be at least 10 feet(3048 mm)
wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be
provided.Whcn fill is to be placed over a cut,the bench under the toe of fill sha!]be at least 10 feet
(3048 inm)wide but the cut shall be made before placing the fill and acceptance by the soils enQi-
neer or engineering geologist or both as a suitable foundation for fill.
3313.3 Fil1 Material. Detrimental amounts of or�anic material shall not be permitted in fills.Ex-
cept a.s pern�i�tte3 by the t�.iild�nR oftiicial,no rocb: o�si�r�,�r irreducible material with a maxirnum
i;�li'�.�,Iltiti):l :�l'c;:.�Ca��ldl: iL illL'i7t'.� �����`� i(liu Si"i;it� . . �x'::l.t� [%i�fi1Ct,C� i(1�I��S.
1-513
- w
I
�
I
,� its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the building
official and to the state building official within 15 days of
the decision.
SA: MS s 16B.61
HIST: 19 SR 1340 •
' NOTB: This part is effective March 19, 1995.
�T�T� 1305.0106 SECTION 106, PERMITS.
��D� Subpart l. Section 106.2 Work Exempt from Permit. Section
�C�trL��'�� 106.2 of the UBC is amended by the addition of item 12 to read
as follows:
12. Agricultural buildings as defined in Minnesota
Statutes, section 16B.60, subdivision 5.
Subp. 2. Section 106.3.2 Submittal documents. Section
106. 3.2 of the UBC, the first paragraph, is amended to read as
follows:
106.3.2 Submittal documents. Plans, specifications,
engineering calculations, diagrams, soil investigation reports,
special inspection and structural observation programs, and
other data shall constitute the submittal documents and shall be
submitted in one or more sets with each application for a
permit. The building official may require that the plans or
other data be prepared in accozdance with the rules of the Board
of Architecture, Engineering, Land Surveying, Landscape
Architecture, and Interior Design, Minnesota Rules, chapter
1800, and Minnesota Statutes, sections 326.02 to 326.15, and
other state laws relating to plan and specitication preparation
by occupational licenses.
SA: MS s 16B.61
HIST: 19 SR 1340
NOTE: This part is effective Mazch 19, 1995.
1305.0107 SECTION 107, PLAN REVIEFI FEES.
[JBC Section 107.3 is amended by amending the first
' paragraph and adding an exception to the first paragraph to read
, as follows:
107.3 Plan review fees. When submittal documents are
required by Section 106.3.2, a plan review fee must be paid at
the time of submitting the submittal documents for plan review. •
The plan review fee must be 65 percent of the building permit
fee.
Exception: The plan review fee for dwellings, apartment
, houses, and their accessory structures may be established by the
local authority and must not exceed 65 percent of the building
permit fee.
SA: MS s 16B.61
HIST: 19 SR 1340
NOTB: This part is effective March 19, 1995.
, , ..
i ,
�
�
�
i
;
�
1994 UNIFORM BUILDING CODE 106.3.1-106.3.5
;
' 7. Give such other data and information as may be required by the building official.
106.3.2 Submittal documents. Plans,specifications,engineering calculations,diagrams,soil in-
vestigation reports,special insp�ction and structural observation programs and other data shall con-
stitute the submittal documents and shall be submitted in one or more sets with each application for
a permit. When such plans are not prepared by an architect or engineer, the building official may
require the applicant submitting such plans or other data to demonstrate that state law does not re-
quire that the plans be prepared by a licensed architect or engineer.The building official may re-
quire plans, computations and specifications to be prepared and designed by an engineer or
. architect licensed by the state to practice as such even if not required by state law.
EXCEPTION:The building official may waive the submission of plans,calculations,construction inspec-
tion requirements and other data if it is found that the nature of the work applied for is such that revie��ing of
plans is not necessary to obtain compliance with this code.
106.3.3 Information on plans and specifications. Plans and specifications shall be draw•n to
scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location,nature
and extent of the work proposed aad show in detail that it will conform to the provisions of this code
and all relevant laws, ordinances, rules and regulations.
Plans for buildings more than two stories in height of other than Group R,Division 3 and Group U
Occupancies shall indicate how required structural and fire-resistive integrity will be maintained
where penetra[ions will be made for electrical,mechanical,plumbing and communication conduits,
pipes and similar systems.
106.3.4 Architect or engineer of record.
106.3.4.1 General. When it is required that documents be prepared by an architect or engineer,
the building official may require the o��ner to engage and designate on the building permit applica-
tion an architect or engineer who shall act as the architect or engineer of record.If the circumstances
require,the owner may designate a substitute architect or engineer of record who shall perform all
' of the duties required of the original architect or engineer of record.The building official shall be
notified in writing by the owner if the architect orengineer of record is changed or is unable to con-
tinue to perform the duties. .
The architect or engineer of record shall be responsible for reviewing and coordinating all sub-
mittal documents prepared by others,including deferred submittal items,for compatibility with the
design of the building.
106.3.4.2 Deferred submittals. For the purposes of this section,deferred submittals are defined
as those portions of the design which are not submitted at the time of the application and which are
, to be submitted to the building official within a specified period.
Deferral of any submittal items shall have prior approval of the building official.The architect or
engineer of;ecord shall list the deferred submittals on the plans and shall submit the defened sub-
mittal documents for review by ilie building officiaL � '''
Submittal documents for deferred submittal items shall be submitted to the architect or engineer
of record who shall revie�v them and for�vard them to the building official with a notation indicating
that the deferred submittal documents have been reviewed and that they have been found to be in
. general conformance with the design of the building.The deferred submittal items shall not be in-
stalled until their design and submittal doc.uments have been approved by the building official.
106.3.5 Inspection and observation program. When special inspection is required by Section
1701, the architect or enQineer of record shall prepare an inspection program which shall be sub-
mitted to the buiLding ofticial for approval prior to issuance of the building permit.The inspection
program shall designate the portions of the work that require special inspection and the name or
name�of the individuals or finns who are to perform the special ins�ections,and indicate the duties
� � ��f the special inspectors. � � � �
1-5
PAUL HARSTAD DATES OF FILL VIOLATIONS
VIOLATION HOW ACTION
DATE/TYPE DETERMINED
1986 Active Filling Land Alteration None-allowed
Permit activity
1986 Failure to Staff Observations Staff worked with
Comply with Memo from Mark the developer and
provisions of the Burch to John subcontractor
Land Alteration Flora noting lack of
Permit; overfilling, silt fence, but
no wetland future compliance
protection date established
measures (12/86)
1987 New Filling Aerial photo None
Observations
1989 New Filling Aerial photo None
Observations
1991-92 New Aerial photo Undetermined; lack
Filling Observations of documentation
Resident to determines
Observations resultant action.
1993 Sale activity, Resident Letter Return letter from
no filling (4/6/93) staff outlining the
requirements of the
1990 Wetland
Conservation
Act.(4/16/93)
e
V^v� _�
S �--
r
V � r_.,
�------- `� . '
�— ----..
♦
, �� � U
� �
,
��''��U��":� r .
,�
����� �
�,
-� � �.� � , s
--� i�,� � �;'��..������►�;r
�s
� �9 7— �`�5 � � ,, � ,
/� �� �' � .
��
�
� � �u .��� � �.�
��� � a ��� �
� �
� - �`\�"``�� ��'�-°� �'
.%�u���rr�. ,�.�C ,(- r�:��e.J l.. ��� �`�7� �
� G���/''�G��� �
. ��=� �`s- ,� �� .
� �
_-� --� -- �� _ � . �� ��
_ � �
-� �,
-�—� � ��'� s� .
�
�_-- _
____.
___ __----__.__,-.
' / /`/� �
---------- - -
Y� � �� � ' , � ♦ ��L / J G ��A�• � �
�� �� ll' �v �t
� -'� � � G1% -
S
���
���� '�� ��/
//`� � // �,�,�� .._
/"J�j / � r" -.��y.,. /� . �'C. l.
l t [ / � � !'/
/�S� ___ �e__ .__ �__. .. �.t_.� �� �;v ��,
�
.... . _ _:.._.._�.�_
w��
-� ���. . , �_____?���
�-�- � _..___. -
�_
�� � _____ �__--__
� _____� -- - -_-__.
��'�-�' -_ �
� � GRADING PLAN E}C�IIBIT2
GRADING PLAN
For. �Caith N�r$Lsd
0
N
� 1 . . . . . . . . . . .
� /03.j. . . . . . . .
� �k�s('i7
�-_i-.:��. .,i•,�.. , 9 y�4se . . .
:+:;���: - _ .;;�� :�'`���::�7�•:: .t
:'.�.,�t:�:.�� ` y\ i i
-�� � 7Yr •'i ^ '� � �.�0 s
=Y� � � , �: /'' - � S9
:2!�:i:iy'�Q;pO� t � � . -� � iat.3
Q ' � ,�i ./. . / � j
_ ��� ��p.,1� , .1 ,�. /� �
;:� ����.�r,; � � � �' •� `', / './
i� � i � �., � �� +,00.0 �
.� �`�.� t \�1 � 1� / �/,
1 ` 1 1J ;� /
. `"� ��t� '�� \+ +'
r
� �',� L� 1\�� � � .
� •y"'� /'� \,�.� \, � ��.�� 1 ie
� ;:;�,:` ���.^C;�.i ,fy.`��i�.i�/,.•;•'t�•�� �i� +102.5
�ti � ,.��:: ,ii; . ./i_; +/,:�i
�i�� i ��; � ` . i �, i
. � �i;,�~� . .i•. � ♦ .��`.� �t � ��%
NOR �I./;- z\ _� �� ;,, , �EP
,., - r:��. - •'; _
�;� �;: .;,
. : . .... ��.:-�,��:�,,::, r�
•/' .� �\\ `,�q_ � \�:���.� � �� ,�o�°
:'iy� �ti • 1 �` /O
'l':=' r�Q� �� : / / � � � / /
'`�` r :Qfl� ....� �r � 1 � l
� �%�"` \�� 1'�� `r. � ` Hj��
Y } �'' V �
i z��: :iti�\•`•''-!" l��`. :ti� 9' dlow / ..
i:_,,. i�;,:�' '�c1':`��'��, i�
�"\l� �'�t.`,,. t`1,\�:.:..'`�' .o
Q;�I+ .of +/09.0
t• l
�n_
=i'�j' -.1,
i �
•':� ::A
i .
�J'� .\'T..;�• `,�'-..
.`: '
I �n�., '.\•.. ••.4.. :\i +107.9
t
� :�;:;�.\:,-��
.S. _ �'��' /
�\ �:�
� e°
.,j•
\ ..�.:
0
'\`�`` •\\'`� .:���.` \ / '�'�QJB
� �� /��•
I, � � �g�g �1�� � . . oo. [r.i sia,�,:... /
� --� •.•. ''' �
i I'.�.
-;;�
:,�•
• r /
�
(�� I���;�'''r':, �
Y \ P
.� �
',<.r,:`. ;O'' .
;;._
� �,.. .:�":= ... '��:��.
.o°,�h %�� .'�` ;.."� .;'' `c�'.��_ - z � � � 6° h
O !'y ?;._ ,'���`'::• sr "0 6• •`L
i '� � t .i` 1��:+ � /
'� '
�
�' ;\:^a'^ �'! - -V,,,,�' o '��.p�6.�"5 +,os.1 /
�, , `��� ���;:,�:;�';'�:`': � / � ti
.�i'1'`�•..��-:.1. ;�y;.. / 0'
i.v'�. 1
- �;�;..
- .,�� � - 1
r. _ ..--`::,� `.i V , h
.;:.':
':C• �.ti���'� ioa: /
i)'. _ �'�''�-�/� :�p - '�L / �/
. / � /
���,��, `� .� s. �� , , "�p ve' /
�4�1� �i ,� , .�, +toa0 O � O
I �y '�..� il. '.\�::�.' �py0
, �`4:J ` - �a..
1;=)`'� '��+001 Clump Cotto 000� `
i,:i 7��_•_�; •i'� :�/`;`. � / � ,a � �� /
��.`:l•�..�; �:t';•�,�� c,\V�� i �+104.4 p '4 /
��::�.��'�'�\ � •`�,.��- .. / ��0 'Bb
� �` �•{::;;��` .�: '�'' `t�� +104.1 � / "/ /
�, iod� .: ✓
O �' � ��
' / �+ � so 9y. r�.
, / / +104.4 b �p'�'� 'V�/�
G� �c ��
n° 8�� /
+�a2.c �k� / �° �o�`"
N / /�
��¢ W.�� 7 Rod Ooks 1J" � �
tSt3`� . k�j / .
� � 1 �, �
, / � �5 81 s�
� �' � h� � /Ya TES:
�R� // / � .2 /'aa� co�/au. ii�/ci✓o/
� /�.r.rumcd ye�fico/ Oo/.ry
o , —Dc�ades Fx/s/`ii�,7 Co�fa�i
/D6 +�jS.J� r�Qena/os /°�o,00.r«/ Coofeai
� / � Oc�o%s Pio,oe.reo� E/evolino
��.01 , zgao s,. F,� o,�'wB�/ti� fo �e �i��
/ �—v--� o.�a��.� s,/f F���
Lot 5 & 6, Block 2, •'lnnsbruck lVorth 2nd Addition, Anoka County, Minnesota.
' Sco/e: 1��2�� � he�eby certify thot this p/on, survey o� report wos prepored E.G.RUD a SONB, �N�i.
Book by me or under my di�ect supervision and that l om o duly LAND BURVEI'OR8
Poge -�- Registe�ed Lond Surveyor u�er the����o� of 918m LEXINGTON AVE NO.
✓ob NO.s.u�ss Minnes to. Doted this,�,Z doy of a 1 GIRGLE PINEB,MINNE80TA
_ ��� .��_� Registroti�� Vo. 9BD8 66mt4-3628 7EL.'1R� '�666
� EXHIBIT 3
!� (� �/��� p_ `�� �� WETLAND NARRATIVE
• �o. cx: ,
IAND SURVEYORS
9180 LEXINGTON AVE. N.E.
CIRCLE PINES (LEXINGTON), MINNESOTA 55014
(612) 786-5556 FAX# (612) 786-6007
April 20, 1993
Wetland Narrative Lots S & 6, Block 2, Innsbruck 2nd Addition.
The wetland on the West side of lots 5 & 6 , Block 2 , is
classified on the National Wetland Inventory map as PUBF
(Palustrin; Unconsolidated bottom; Semiperment) type wetland.
A field inspection of the site was made on April 19, 1993 in
which I found this classification to be correct. The majority of
I��I the wetland is an open water pond with a maximum water depth of 2
to 3 feet. The pond is bordered on the south end by a narrow rim
(< 10 ' ) of PEMC (Palustrine; Emergent; Seasonal) type wetland
(cowardin et al. 1979) . The easterly delineation of the wetland
is defined by earthen fill that has been dumped on Lots 5 & 5.
� There is no persistent emergent vegetation visibZe �_n the
inundated area of the wetland. tlegetation along the ri:n �f tne
wetland include• Cottonwood Black Willow tree stratum Red—
. � � ) .
Osier pogwood (shrub stratum) , Reed Canary grass, Blue Vervaiu,
Pinkweed (herb stratum) . The water level of the wetland is dt
its seasonal high. There is a storm se�rer culvert (Inlet) at the
north end of the wetland that d�ains surrounding areas into ti�is
wetland. There is also a storm sewer culvert (outlet; on the
east side that controls the water level and drains tni� wet�anc,
into an area east of Danube Road. Most of the natura�ness of
this wetland community has been lost to urban development. The
main function of this wetland is storn� water retention. It also
has some wildlife habitat value.
. _ , ��,�n���CXJ.X�f/l�iQ
�
13.15 -
� � _
�
�
l
EXHIBIT 4
WET MEADOW SEED MI��TURE
Seeding Rate
Common Name (Species� �pounds/acre�
Wild millet (Echinochloa cncsgalli) 5.0
Annual rye (Lolium multif lon�m) 5.0
Perennial rye (Lolium perenne) 12.0
Als�ke clover (Trifolium hybridum) 5.0 .
Native Seed Mix (see below) 10.0
37.0
Native Seed Mix - Incorporate As Ma� Species As Possible (Minimum of 2 Grasses/
Sed�es and 4 Forbsl:
` Grasses and Sedges:
;
� Canada bluejoint grass (Calamagrnstis canader�sis)
1 Prairie cord-grass (Spartina pectinata)1
Big bluestem (Andropogon gerardu)
{ Switch grass (Panicum vi�gatum)2
� Green bulrush (Scirpus atrovirens)
� Fox sedge (Carex vulpinoidea)
I Forbs:
I
� Swamp milkweed (Asclepias incarnata)
� Angelica (Angelica atropurpurea) .
I Blue vervain (Yerbena hastata)
New England aster (Aster novae-angliae) _
Marsh aster (Aster simplex) .
; Joe-pye weed (Eupatorium maculatum)
Numerous other locally native species - consult nursery staff and tailor selection
to site specifics
� Planting rhizomes is preferable to seeding because some seed stocks have very
� low germination rates
2Use only locally-collected seed
- 13. 16 �
�:�..�:�.
I GRADING PLAN
' � E}CHIBIT 5
F�ri �G Q i#,h N s r$t,�d REPLACEMENT PLAN
r 0
� �ro�+O'i�'.<•.�. Y 1 11 N
� �I ' ' I I � t�ro�5c'c�. IC�.��G<evh r/1'f '.� �.�.�.�.�.�. . .
�
� /03.2. . . . . . . . Fx/St,
-_i�� .;i•,:•.. ;�,, �9 y��se . .
. . �� '���` . , � ti : . . .
. ���. '�.;I:-��r .�� � .�` .'' . . .
� �, ..i:��:7 -� ,� . . � . , ... .
'��.1Yr a � i
� �, .� � O / �SS
;�,I .� � \ � I 9
;2+�:i-��Ap �0; 1 � ,�/ : � v � ioe,S
�,`� � �
:;` ry 1� �`.: ,�
:•4 _„ �..�
.. �/
, . .
�>, ���.�r: '`��" . ���,. .�/� �.%- +iao.0
t\ i-i� '
„�:����` -r l� �- .
.J, \ ���- /'.,�..
.�
�,��
. / .
\ � i /
- ..�� . ,{�� .
f rt
�L. -,..11�r`'•
^.1'ti ��t�� �� � i
1 \,.; � ' ' \ ' � '�I���
�. .
��'.
' ' ,�-• /�
_ - :�r•;�: �.:/`.:":
:��' :�_;:i
. � �i
;:�; ;,� ,; ��-; J' �,oz5
' f�� ti;, ` ,� . .� , ;.>::
. ..r .,.r,.,
NORTH rf�lc T�, _�. ' :� '.� �Q� REA
�, ' 6 r
��,� ��\1 .;�`'r `'tQ. ` , '.,� �� �- O�Eo
;�� �5 � �� � .•� �� / �O
•�a\ �Q �` / � � 1 � / .
•��: 5\`\/�'�� � i' - �� � � 1 � �'S'Y
/,�� t��;` \ � . Hydran
Y.� �• � I I.�
�'L��' •Q`•.:�: ;�: ��..
i•-.� :i�t �9'' dlow L .
7!;
�..
..�:.
�, . .�"` �� ' /
��i. - t=?'�"` �;"_'1;:���;.���� �- i°o
IC�\�"� �� . ^�`� � ,+ � c
I:.� � 1� ��' � +109.0 \ /
,J.^, ��,9 /' A �
�.•; ,: .;_,`�,., :. ., , �.1 +,ozs
� � �-
i` ' ���':� i / ' �� °g°
� .� , � ( +�oJe/
I, L� -99 ,i,�ii .vo.s /
� : � .� {f 1. cr.�An si�s..� ,
� �' ` {` �` �
+ �-�� ' ;' \
,��,�� :_,\ „ -`��.-. o /
, � o
00 � `�;'`-.. � �� 6 5
�` /
ry '`� i.���:i 1�` ��• � � 0�° 6�''h
O '� +105.2 /
I^_ ):� •�c
1
� I;�. � �� � � // ,��.��•
�.__�,.' �
r�.�
i}i• `" ,ao.� 'ty / �. � k
i)',.. ��
�;�'_ %- 'I',!I �/ ��
�..
,' i,�.... '� I� +,�.o p \ '� �
. �•:�1��` oio .��
� �`c).. , `o._ �. /
1��'�
.., .�"
-`���' ooa � Gump Cotto�yOod�
i�; •, � / \- �
�•�,"i:'. \
i, . ''.� � � � � /
i.�.�r_,•� _ � �O
�:>:�./��;�('\ p,
' ��"'./�a' '��:4 1 +704.4 / �. 0' b� /
. 1\:�_�`�?l�t•.�' +104.1 `� /N Hn�� `� /�b
, ` k� /
` / r�,'�' /�5
`.I` + ,c ����c�,ok g9� 'p�j.
�
c z %
1 J�
�
� n' �
+104.4
.
00 � r �o
19 n
' / � / �`.� c o� o
C r\ �
h G
`+ `�o`o c• 0°' '�r�� ��V U i1 u"
� �1c�z p �op �r `7
I ok a 5 a � �
+1 2.6 ,a.
N , ��oQ�c�ko f c� / we�I���<! :� 6�,
/o Cp r°' T��llfl� w�-F� �� 4
4 �.�� ' 7 Red Ook 8 1J r / � ��'n
<
�� ' - _ , �1p�6 _�a�f a::� Vn�li�,�i�
�
� �5�a� s.� � /
�, � � � Na rf-s:
.
D
. / n
.� /aa f Con/oui iill�ei✓o
R � �
�ss�me� e.t�o� o d
/ Y . f�
o � I � —Dc�ofes E,r�sfi�� c�fo�
/06 � ��j5•J� �»Oe�at�.r Pro,oas�� Co.�/eui
/ O Oei�ol�s Pio,oaseo� E/evo/io�
�06.0 l � ,2840 �5'9. Ff. o�'�yB��iso� fo �e �/�o�
I / r-v-ti D.�o��s S./f F���
Lot 5 & 6, Block 2, •'lnnsbruck North 2nd Addition, Anoka County, Minnesoto.
Sca/e: 1��20' l hereby certify that this plon, su�vey or report was prepo�ed E�S.RUD E $ONS, INC.
9ook by me or under my di�ect supervisibn ond that l am o du/y LAND BURYEYOR6
Aoge --- Registered Land Surveyo� un�ler the laws of the State of 918m LEXINGTON AVE.NO.
Job No. sJz�ss Minnes to. Doted thls "O�day ofMQV 19,9 • CIRGLE PINEB,MINNE80TA
Registrat o. 9BD8 b6m14-3626 TEL.�86-6666
l �
WR ��94-01
Paul Harstad
-�. ;,, ., y , �. ��/{ t r 5
�.{ �. -.►
� �yy :
• � T 1 e +i�• �J�(1) ��
� •l��,t .�� ,` .� 1 ¢� � =w,.�• w�. �,�'� � '�� f` � � �.. �'•'• r�,.i,r'1 t- �
�k
�Mr. 7//" "' ; � `�� � ,�•, l,� �,�/ L. �
1 � ,� �
��` .r l�� ~ l'� � � ��y� �°� ' ,<4) ,'�,� �! (3�
� �i �.� � - r,i�i►� � � r I1>� �i i 7 �
R ''"� „ � � %�.�:. �w:r' - I/ r /l 11� �
` �+ � r �� � N .a ��+.� ,4 ln� � � .. . ..
ti
�`�i� �r� � � � �/ �
.. �'``��
� ,
' ' � � �G�e� 'iI '� (11�
� � � `A, lJ'�� ..
e r r a� � �l¢' ..;. •�, �, I y`, ,i' � �� • � •�. � . � .
-0,. ��1�' S
�� � n' r' � l � � f � � Y. �y ''�. �Y. 'i Q �� �s�> > �
• Q; ' �� "-;�;�. �n-l�� s �, w � ,,,�,�, i
a� � � � ` . � � f, F ` � ,� �'��•t . �� �� •b 4 , � ,� ;��'
� ! ( /� i � q, i.��� y
r�'� g .�, .� :� �jj`f. .. r�V) �:., � �
1 a�r• ~ �,.;�
r ' �l� .t l�'� p � ��� •. • 4� .
,.r .� ,t q.�,�
;.�, �% (p� � r R. 0..
� ` ��ti4� �� � E.. , l� �Jr'�r- - t�� ,� • � (�r, d:� '�s� � �`'�'�� .� �: .
. s f l? �.�«:� � � � t9 �;l� �
� p �
��l f �� � 1 � �N � �►� \ � + ., � �
t� � t � ��y �< ►
� '
�" , l � �(� � � �r ci� � . M� � ��
L ,t
�� � �l!�„ � �'�� �,� ,r ('�� � (��
.. � � M,¢� 4 '� � . ��� .�
� � �i --
$ � l n � , c� l � �� t C� �
�
., .r +� 9�� � �
�#� �� - • �' �. ••`�
.� ,' ��`,�. � N�� �� 'k� �t� a� �� t t�'� , . ,f'.., .,
� � * 6�� o
�
'
� ��N ��� 7/�j � ►� � �t�(�) � '�
� � 'i �1� � (3 6� �
` �
�r �N� y.w�� � � �� �(�
R(fl''r�►- � �4 � � . C�/� �
�ft (fA �a. '�� �,,�,�t' � Gr�, �O
�I ` .�:;,r,,. B c�''
/ , „ � �'�
t��",� �,����, � .�I� C� � ��
i (/) � • j` 4. i!' �' F'S�_1''�l i�
� � ' " (r, � �^ ,�•'fI� �,n,.'o. � (I�
� __ �.�'� (+1) � .�a �. • � �r
""- _ti ' j ��� S,� .l ;�..�6. ; -
- I .Or ��� !
� --, � �a � (� (M) � � l+n
� _ I' '► '�' �r � + �� i,f
i� `� � f ' '' � lI�) •
�..�..
�
�
�
..� N �
t'��':v -
�'��A � � ��
�+'� ' �•-_ -I-
r„ ''` ,r" � � _ —� '�
1�p I � (rt) iF:+r�"d��. .rr.. ' ��t� '
�3.1s LOCATION MAP
f �
.r
_.:�'
.• ,
�� �
�� ,�
, ��
I�
WR ��94-01
Paul Harstad
�4 - P
/�� "� ` • "��RD�Ns' :: �-�� fF�a l�� - �� � T
. ���-
- I / �'�'`�r'°'1 '''��--� ( —-- ' i U' ,i
GARDtW A � p � �
�
� y v_ � z
�f _. � _. �� 3*�S _ ' c� zs ` 3' 3! � ,� ._
, _
. . . . W ? Z � �.� � -- I
. 6 � ' > ' __. ! .. _ i
� s -' G!'rACE H/GH �A s �;� � `�:;3 L �-
� 7 5 � ���, �4,'� � �
� �;
� 3 0 -6 �' ' �
" �-- - - '2 � ' _ ' " �
'•�:
. 1 z � -B �..� � �N 0 F�t� � _�
�`�- W ` 9 SCK�OL ADDlT/pN -. �, ` , � I t��SBF�UC , , �
Y� . _ � ` ::,,;.�� �_,r i � PAR K I ;
T}. , � �, ` �;
.�,: D r��� - ,�-- t - � .�- �_�= _�_ �-=-=--t
A D : z � �_j � � , � � � �`��.�' �..� .�.�
R �
� ,s i���' �' t �F ��� �-
,•,�` ''`�: � ` - �.,� ��.;
� _�_ .\\ ���eces I �, s r
_ .-- � �,_. » ,�� , f,
� d �- '' ` � -
- - . ,;.,� �-- � � ._.
IB 39 4: 4; a7 / . a�5 . , 6 �v� \ ����1�r-i�(.i�i��'. � ` .' �� , �` •• • • ^ • • •
• • • • • •
qN ---` _ r 3 ��_. i , i � • • a • • • • • •
� � � + • • • • • •
a : < z � �3 ,4 � z N�RTH O j:: � �� • • • • • • •,
^ � '1 � 5 � � • ••�••� Dy • •
��./�,,/��,p�+ � � Z � � � �/ F� 1. ��� � 2� • • • '�'�������•
�G.LJ�G'(1 J� a ? ,�r` g 9 , ,� � `�^ } � �� • • • •�
�M[� �/ � J � ��E G • • • �
'� , 3 �S � ''� /�ViTT/7 �r � � '�i,l� ��l � • • • •
. - — n � n ,. •i � ��"� . if��N� •�v • i
� . ,� . 4 ���H � ��� 4 i • :d .• � ������������
7`�O�IV`,�. - 5 � N^ � t �---► � . . . . .
� , , �=,
_ � e . .
� ar _. .. y . .
.
. R . �
- �
. . .� �
• �
, '� C •�-►V � . . . e
: •�f
`fi ^A"T.,�, •
'�� u
Y. •
, •
�� I _ — � . • a � • •
• �--s- •� v .
1�
' � � i a a- -
��n OV
I. . . __ __- � F 1
. - - �_,
.. � - • e�
I� � _
. _ - ' Q- `� � • • • v�.��
, , r � . -�- - - ---4— ;z `'' Z.,- '.� ��� L—f }�'t-, s,? '.�.. �'
. �_ :�✓ - � - - � �� _ �,� �+�'p' '�3� y . . ��. . �
: v� .� o . . .�^
- __ s „ � z' 3 >-�� •, � . . . � !
a '� •.
� � P , ��� �, �� '
� � 5 e -s•. S
,J►--� �
� .
� , -- 4 e ;. ,,, .'♦ �,�{ Y�
� .f�`i .
Q.= . Z '�--��—��
�� 2 . � i
.. a � 9 c !.\�. .�' �,Y'�� ? • • •��� •'..� �r M�
______ - ,� � FARR �
- 6 � � � -z_�-ti ���
• � e � � ���� .i E �.'�� b • �'Si;��Ey• i �� `w`-�-'.
y
N. — -- �,,,;"..,J ��� .3. �,�,'�
�P , I_AKELANO�� � ; `..I � • . . y
� - ` � ti:,. � • • r� � • � `�_• �
RE - ` � /oney View I' t , `- � r!`,y,t �R
_ H t i v�'T S . �nr�51�on F-- ,t �, ' _ r.�, �� • � "�- �,.�= •a�� •~w-�✓�t
`" •
_ - , � _ k_l �__L ��` s • f •��
'��' ��i h ' e e a,�
!rt - ' � I - , � - � �'��~ _ •-- ��"I• • � r • � c
' _"� - - ' a F- M • l
---_ —_ _ � - � �.. �� � � - ,
f � - ^_.
-�*�__ __ � ; ,'. . •-� -+r�,. .
�- - � , � � � - � . r
_--°-�.,� ` -- �_3" q =a--'r�_�y "� _N �-
_ _�-�- . , � ��. � • M�...�c'
_ � ---`�: � ��� � 'y� �
�r. _- � + i..,. ' - ' � . -��o-��y'`�5"�'• � G .�-'q �};
. --- _�, : � . '�"���3- it-,r y�n�� ��y� f .T_*�r
-� . � �, , _._.. �
> � -'�'- s� �,s i et --'� �
• 3� x � .s a , , �,s 3 ,����;
_ . .. � '�, �J_'= 1 '.7 /',l 1sY 3. �,. . ,
� ' .. ' '��yn -T� a t?_'_�f'��e j �.
.: . .._...._ .
` -ti
,_.__.. . . �
� ; - .,1a _:a._,a 4- �S ^.r- . ".
.... . � ', a 3 m � V -q� r'i �,[f��� 1..�� ��.?
'//�` J� '�-`_a i i 0 0_..�_ r��J''.�a�.� ���/,D�
� ! ^ y�/.J(�/=7 i� . y�" _� ♦ J 3-�_$.�ep/],i1: .
�JL�� /T� _ _ � \ .
-�, ` ' .,�..
�, �?�' �"�� T' I� 7 � �i ^-�--.....,�`"�-... - . - ��
`� �>� ��?� ..
,:,�„ �_� � � ..._,_��
S��;,W � � � ti c ''�,I �^ � ..,.�.
�---�- . �r"i !R ,M.^.'�E�'d �'R�'�_: �v. ..
3 " �_ ` '
. ._ _- --� ti ti.,.r f Y��^ -�.`t . .�� � .. . . �. _ 'c ..._,.,.
� ^iRCY, .
� � `" R i , _..
_�..�_ ��� � � L� ����//�� . _�: -.��""..._��
.. NV C I�V L �,�.L - . _ ... _-__ __l � V1 : ✓ � ____ ��� � Ir `._ a � _ .,i_1 . _ _., . , �
�� � �� ��� -�-� \J i����U _ _ -
^ P. � (� �
. , . w . /
``` 4 � ` \ , : , ,'
_ . _�'_
;_ - ,_
a -, � . ` .
< _ . . RN� �
--- w � : o : � '�\ __�
zz , i �- F- l�; Z � ` ; - ROA.;-
/�- „"�
-- - .. _ � � �
`; Q . � i�� ` � � ' �z . \�, < �, �N - ��, �"
,Z `'_ Z �_ _ � � TROL N ,,�t��J .�`\�p� � .��e. , _ r�tat� � � .
/' ,, tl f Y� �� � h� � �� `•ti�.� �� r�;��.` . . � E /f , ,
13.19 ZONING Mf�P
WR ��94-01
Paul Harstad
r-vt ; �.�� L n �'1 cs r�L�C�
�
N
' . . . . . . . . . .
� /09.j . . . . . . . Fx/S(/ ' .
-.i-� .,�•,�. ;l'..:� ..?9y�`Se .. . :
�.��I . • ti �
:� , , , � �\ ' . �
`•_..� �)� .� ; � � �
. � , �;Tro . i`r s
;`.�i .��; 1 � : /. I 9 .
;i i! �����4 t c � � � iaC.S
;��`ry��� _.� '�\ �' / ��J�T / � ���,
��'.�:����J\ �`�� .I.: '�II +IfA.11
:\\-������ .� 't.�••� '1`'•' �`~I'.'.'-'�''.,''',` �
:i;�1\� `\,..,`\'!. ..y� '/��
:;L:�\• � ` r.•. �.f;��
`�'��\ ./ti �\.:�,,��,�.'�\�: ,`'r`.���'':•.'.��'1i
�'\ -'� �.�.\1 ' �% .
...\l' :V 1�•.,, .(\ ...`'.l^'�•;��,�•�� ' 'f�OZ.Jr
�'..�1 i�i ....���� ` ��r_t,"� .1 -
\✓1�� � '1:",i�•�J .l'"� ./'`•.1 � . �
NORTH ,,�_� ` _: �._:.,=;��, ,
1''i� `b��.`": '.���j �PaEA
=�v , ,,' :;`-%� '�T'
...,`�• - �:,�• .. . • � r �� �
''/_� ;�l;c„ �l�`!`�.c�Q,� �' oo. � .. \ N� / �y�'
;�r: `.�...., .7, :�.:���.:�;. ��� � �� � �O
��Q', `� ' � ` ti�"� / / t�
%r`��"\�:�\�'�'��% _ l 1 \\ y � H o
4:^ `��%;i``, \ l°�
,.n� �
�- �: ;�':�'�Q.:'•;�'� ��=�• �.` 9• ,noN - `- � � /
,�;,., :;�r •=t;`.';.'.':
--�`' ;��c."`• � .: . '0c�o �
i,=r�`-.' `;i;'� _�,�'�,;�+ .oi/� +.109.0 /
�J�' ' '•�!�•�'�''�`� +107.9
,,� �: _ � ._:. .. �._�.=, � /
,.. �,.� ',,:. :` ;:=::--_ ;�:. ,o�° +,oJe
�� ��(�� �= ,,;: .r �
.� .9 � I �: uo.o
� '.�. ". � Gu.tAn stmm:.
, �` '. - -:,� '`��' .- � � �
4 `°� ��� . :�`� ' ' \ . �; `�/ � <0
%` �� ., �� <� � �
ryO�•�� �iY:^�� ..\ �J •D _ ' �.•5 �j vp \' � / o�66�yh �
� , ,-O ;>: ... ` =: �.`?,.:;••':��. \ p / /1 p� ,� +105.2 /
�: ` ,� ��� �.:-.:' V�'
�:`` '- •'�'..�:�:�'.'''�'•...;;c`.'j'i:...; z � � '��',��'
c,f.` :/,,.. ':�:..� � `(/r ,00.z� �y � � �� � / - ,
� �:�� �dt. /j
.,': ; � . o�.
.` `; { ��,`: .... � /
�� . ,�.� o � �
3 � '�..� �l;�.'.\. �01� Q
,'\`c:�� 1 `Q..
v, '`' . . � /i , /
;•`'�� ��+ s _ Gump Coll°�000 �
�\`'�y - .r'� ' - � ' � ,w / b�/ /
/ •:.` �`'`��' .� /�:�: h� J'� /
1,�.,•�` %� •:C'�'.,, ;1 i,'�� 1 .+101.4 / \� � 'e�
':�',��� ,��.' e
. . .� ,' r / e\
'-'!-=:�i�' �,':'. +104.1 � / ,(
2 — ioa� � �
. O / •.a �_ / gq� �„`'
/ / +104.4 `p�� �
�( �GJ(� O���P / '��+��
/ / ��n `r /��
+107.u Ook/ �0�
� s � �.
��4 L'` �� 7 Rad Oc�s /J" �
���, � �6 /
� � � �, �
� s 4 i �5 �� s.� -
� !�� �' � k� / /Yo TES:
��� / / � ,2 /'ao/ con/oni ii�/erro/
/Jr,rvme� j'eifico/ O%.,y
� / —Dc�alcs Fx/st�i��. co�/nui
/O(' � tljs•J � Oe�ot�.r PioPos�d Co.�/`oui
� / L`7 Ocno%� P�oPa,rcd E/�raliv.�
�u.o 1 , zeao s9. F,� o�'�a�/�� �o �C �i��
� � o,�o��s s,�/F„��
Lot 5 & 6, Block ? �'�nnsbruck No�th 2nd .4ddition, Anoka Cou�ty, Minnesota.
13.Zo SITE PLAN
WR ��94-01
Paul Harstad
For� 7�aQ I�( 1 H�r�y�� RGPLAC6MLN"I'PLAN
0
N
1���Po;N�,( ���
I � I I I � f rarOSP.c� ��:��u('ev� .✓t'� .�. �.�.�.�.'.'. .�. .
� /03.1 � �.�.�. ex�`T fin � .
� 9 yo4
� Se
i
- i .� �
�"� , � .��
i � . :� � �
:I'�)` '� ��ro / Iss
,i , .�" ' � ' ,I '9 iac.S
` �:� � �O ��� / , - � 1 �.� �c3�
:i�� ry��= -' � � �
,;��.,1 ..ti � � ; 1 / .����/ +ioo.0 �^
,�����I� :� ' " \
�.``�. .� � t l i. '/ �� /
.i � � ' � �.�,.
. �. L\ � �� � � ,
1 ; r � '
\ .. �,.
� � v � .\ �/ /,. +102.5
` \ .
� � .
1 A
NORTH t /;- \ `�` . ` J ; /F�O � E �RE
j"' � ��, ��1:J FQ �, ¢� : � �ti�°°� �o
��� _: �a �, . ,�ka � ent Are �,
!�� �\`��y^i� � � /• 1 Hydran
I;L�`�.' j'lK�•r�`;5:.�<�,�, d/ow l� ` / :
�?��? -:"�\�` �" t. '�co
��:\~L ,•G�� � � �'' O '.` +f09.0 \ /
i:�L_ ;�'�Q.� /��1 A r
�J�. `t`, ��/�;�;,���''::'.� +�o�s �
��5�,;.�� '•�-..� •, I•r.. .\...'� a° +IOJ 8
I.ti.'- ��\`..� _ //.: �� �o
�� ..!\f� ` '�` :�lti\��1:`,,,`� V9. /
}-`:ti 9.9.�•:ia �.�����.. . .. �
� �:__, : _ �.:� i
, r.;� _ ;�,;: _::���� ' �
� �. �:"`� - :��'`� (� / � �° � �
o `� �'`'�` ,�,: �,`
;:;. ti � / Y �. �
�.� �.�;`',�C'�:`�'. �j• �� � '�� �6,� +705.2 /
� i�'�'^:i \�-. \ � , / T � ,��,���.
�{,` - : '/ � � /
: _ ;� � r ,
��:'��:> '` � � T �q
- +,�.o
' ' iJ�, i ,°'° ,O � /
�'V'_-;-. `0�
., ;,�• , �1 _ Gump Cof[o�aA
::.'�.�:�� � � /
,�\`• ,! ` , 'OR /
� \.'�'.:' _ � �O A
'-:/.'`.�•\:.4 1 -F104.4 / a,\ \0� bQe
�'�;:,::, � /A "''`'. , � b
� •'� '--* +104.1
-'/,-::l� ��k�L �L�
��'`h�o�x• 9�/ 5
�.I,,• a.o `rn��x , /� ID .
r
/ � Lp�' ����?L +104.4 (b �c� �
��a
, �9�� �fiL`�C , oc`Go r0o,�o / ` „2�00 �o ii u-
\,
+7 2.6 I ok/ /��,� � C �o�� / ' wei�<,�.! �+� 6�.
<
� Q�°Q,�a x /! r�l�z.� w,-t�� ��co�..`
� ` la me��
/04 �,� 7 Rad Ook a' � I a.<•.k va�r it�v,r_�,
�`s � i;5��1� s.�
� V � k� / No TES:
cr p � /� � .Z �'oo/ con/oai iii��i✓o/
(L / /lssv.rrc� J�eifico/ Ov/..�
/ —Dc�olc�s Existi�y Co�/o�i
/06� � +10.J � Oe�ot�r �iopas�d Ce�foui
,/ � Denoles PioPa,re� E/eva/io�
,�.01 , zgao s9. F,� a�we��h� fo �e �;i��
/ D---{�—d QinareS si��/ene�
Lot 5 & 6, Blc:;% 2, �'lnnsbruck North 2nd Addition, Anoka County, Minnesota.
�3.21 SITE PLAN
, .
f
�r ,
,. ,y
ey d
. r.
�. F
! �
� r
l
i ti
� �
3 �
r i%
•y
I ..A
� ��
, '►
1
f
. �
. �
�
'�:s� . ... . .
�
, �.a t
? `. .
� � •.
"" ,
r
J
. . 1
WR ��94-01
Paul Harstad
` J� / _.. _. H .
/ Hi�lCttEST >
�`'� KRISTI N COURT
I 1�" —
� ��
C' ?
�O i
F
�I o
r
s
z
�^ 4vENUF
I c,�PD�vo Z•
�m
W �
VVf � �
� II,
_
U
� N
_ �
W � ,z�
.-
• � � .
� �
= I
�
�
� �
0
,�
12'� � "� I
ad'
N DANUBE ^
� O ~ '
R 6
is' q49
i z' .� 9'y �
,� � i a" ry � �
Y
! ,�A)3� ��C.'. y J
'21" Q'
, �15 m
N
= N i Z
�15��-
� —
NEGiS T � o _ �.
a =
S �
I 5 � _ ,,.
�
o : .
_
� a o� c�� �� g � ie"
N W � J� V
r � QU
N ' ��
� � ¢ � ' �. , •,Q�O �FI�FIOF. 3 = f
2 PRIv LINE �
AH E I - o �J W •
.�� � P O 4
O �
� ; � ar �
<<
, 5p,pgERLIN CiR m
I 'ti �
i �
v
, - ak ��` � .
Q W. BAV.CL QQ .�t •r���r. IS'.
P f �� .
. ��� 7 �.�'� �f
m
h
�
; � g gs,
£.3RE�
T y�J� 8A1[ PASS W:EFAS NEk � c�
°� _ „1-sg4 �� �
, �
MATT Ci�2 — '
LANE N.E.
.�E 3.�2( � ,.,4
NEIGHBORHOOD SUBWATERSHED
�
�
�
��. �
�:�,.��� ~��+1�'"��R�L+,'�!
N��,{°��,
l . �
r
':�`� <', ..
, � , � �"�"` I
� �Q1'q � PRITIEY
I� �Z�TIQ�1 Pi�l�
1. APPLICAtJ�:
L2�/�7�STd•G.�'" 1�0�1E S RncEIPr � �� r � �,�
Name
�0 3 �"o2c��o� �T n� �_/� - �'�
Address '
� ��� -, :1 c;
3�� � ��.� FEE S `�"
Z�lephone Nim�ber
2. PRUPE�1'Y aWt�t(S) s
����f��?��,'i..�' ,l�d�1�S
NaQne ��
���3 T��'��,������v� ��
Street Address Street Address
� � " , �..r�y
:�r';:r'/ �'��:��,,v%',/"/,� f �/
City, State � Zip Code City, State Zip Code
� ,�'-���3 ��'f.:�
Of f i oe Pt�one Hame Phore Off i oe Phone Hane Phone
3. LF]C'�AL D�StRIPrDGtd OF F�PIIZTY TO BE ALTgtID:
fi � �i'✓R/.S�/'l/C.� G'�✓�D N'`
Lot 'S Block � Tract -� � ����
��/Ol E� /'��/
' State Zip Code
City
4. DF�CRIPTION OF I�ArID AL7�2ATION OPgtATmN
,�/LG �OTS ��D/j' �����"T �'�C�� T!�
�Ic�6�/�''✓�'�� ����%?'1�;�✓'�'� r' ��f1%t��'�r� �G�1� s�/G
�/'�D ����'�/�� ,�'o�' �i�`1�' Cf,,�✓.S?�"l1,r�f.a;io��
s. pv� oF r�,rm �w�oN: �� �-�,.,r�.�:C� .�!��✓>>�S ��
Gor �
6. VAI�TE OF WOfftR ZO BE P'IItFiO�: $ �O DD —"
7• 90IJRC'E �►PID 0�'05ITIQ�1 OF FIId.: �'`r/ /� , �'�., „ ��;�'�';'` /�'� /'��/¢
, ���. ..���<'�;:%�i' f `" G��//iI i�l.//%f� �/�A� ;._� ^,r , j'����/ C _ ;� � ,� �
��� � � .
6. P�P06ED STAR'►'T*': I�A'!E: ..% � %��`�'� �� �N'iPi�EPION L1AlE t �� � �� � ,
13.23
' , ,9. ATTACI�43�TI'S (Information Needed to Properly Evaluat.� �.�plicatioril :
The follawing plans, drawings, calculations, bon3s andlor statanents will
be required by the Public Works Depart�nent.
Half section map or sketch of praperty shawing all adjacent property
ind.icating the exisiting buildings and/or structur�.
_ Grading plan showing exisiting and proposed finished contours and
evaluations.
_ Drainage plan showing exisiting and proposed drainage structures,
stabilization walls, retaining walls, cribbing, ciams, or other protective
itens.
_ Calculations for and approxi�te quantities of excavation and/or f ill
required.
_ Sic�ed statement fran the praperty owner acoepting responsibilty for
the operation and granting permission for land alteration/mining
aperation.
_ Statenent to be attac��ed to deed advising of potential need for soil
tests prior to arYy a�nstruction on lots where additional fill material
has been plaoed.
_ Rioe Creek Watershed District Approval (If ApQlicable)
_ Soil Borings (if required)
_ Other -� c.c ' � �
10. STIPt1I�ATIC7IIS - RF�►D BEEL7RE SIC�III�1G APPLICATDOtd:
a. A surety bond or oeritified check in the amount of S
(58 of value of work to be oa�leted) must be submitted af ter
approval of application and prior to ar�y work commencing. This
bond or check is to ensure satisfactory performance and
car�liance with the below stated stipulations. Z!�►e sur ety bond
or check shall be kept active until the completion of work
anc7Uor expiration of permit and can only be released by written
notification of the City after a satisfactory final inspection
has been perforn�ed by City foroes.
b. All acvess and street frontage of the land alteration site must
be controlled by a f�ce, a mininnIIn of four (4) feet in height.
All entrances must have gatas that aze capable of being locked.
c. Only rock, sand, gravel, dirt, ac similar natural earth f ill is
permitted. No oor,crete, asphalt, or demolition wastes will be
permitted as fill y� a dgaolition landfill permit is first
obtairred fran Aroka Camty.
d. Operations shall be limited to daylight hours and shall not
interfere with the health and safety of surrounding residents
and the prenises shall be maintained at all times so as not to
create a nuisance.
13.24
I
� -... _. . . . . . I
� e. Any explosives used must be done so in accordance with Chapter
212.3, paragraphs d, e, f, g, of the Fridley City Code and any �
other applicable standard e.g. Federal, State, Industrial, etc.
f. At the end of each season's operations and no later than the
laSL ciay of D�ember eadz year, the site is to be left in a neat
and orderly condition, with maximum slopes of 2:1 with no
o�verhang or vertical banks and with a level bottan.
g. On the Friday of each work week, or whe� required by the City,
material from this operation that is found to exist on City
istreets shall be cleaned to the City's satisfaction by the
applicant.
h. Upon oar�letion of land alteration operations, the land must be
left acoording to the plans and contours submitted with this
application and planted with suitable vegetation to prevent
erosion.
i. Upon completion of land alteration operati ons or expiration of
this permit, an inspection by the City will be made of the
prenises and adjoining streets. Ariy c3amage found to have been
caused by these aperations will be corrected by the applicant
upon notification by the City.
/ �
� �� ,- /� �
Applicant's Signature: � � �' � "n Date: - �� .-�
Praperty Owner's Sic�ature Date:
Recartmended For Approval By: -� Date:
APPRfJVF� BY: �/���, l^/.v� 4 / Date: s^'�l `�l
PF�I'I' EXPIRAT�RI DATE:
13.25
. _ .
I� �T.+��� .�
50 t�ibic yards or less . . . . . . . . . . . . . . . . . . . . . . No Fee
51 to 100 cubic yarc�. . . . . . . . . . . . . . . . . . . . . . . 810.00
101 to 1000 cubic yarci�. . . . . . . . . . . . . . . . . . . . . . 15.00
1001 to 10,000 Cubic yards . . . . . . . . . . . . . . . . . . . . 20.00
10,001 to 100,000 cubic yarc�s - 520.00 for the first 10,000 cubic yards
plus 510.00 for each additional 10,000 cubic yards or fraction thereof.
100,001 to 200,000 cubic yards - 5110.00 for the first 100,000 cubic
yards plus 56.00 for each additional 10,000 cubic yards or fraction
thereof.
200,001 cubic yarck or more - 5170.00 for the first 200,000 cubic yards
plus 53.00 for each additional 10,000 cubic yards or fraction thereof.
I.Ai�ID ALTgtATIO�J C�tADII� Pf�2MIT Fg5
50 C�bic yarc�s or less . . . . . . . . . . . . . . . . . . . . . . 510.00
51 to 100 cubic yarc'k. . . . . . . . . . . . . . . . . . . . . . . S15.00
101 to 1000 cubic yards - 515.00 for the first 100 cubic yards plus 57.00
for each additional 100 cubic yards or fraction thereof.
1001 to 10,000 cubic yarcis - S78.00 for the first 1,000 cubic yards plus � � �,
56.00 for each additional 1,000 cubic yarcis or fraction thereof. .� � ,� � ��;
10,001 to 100,000 cubic yarcis - 5132.00 for the first 10,000 cubic yards�
plus 527.00 for each aciditional 10,000 cubic yarc�s or fraction thereof. � � � p �
c
100,001 cubic yards or more - S375.00 for the first 100,000 cubic yards�- __
plus 515.00 for each ac3ditional 10,000 cubic yarcis or fraction thereof. _�
5/L4/3
13.26
� � �o�: � �� � �,��o�+ _. __ ;,.:..,,� � >�
_ �'��,4� '"' � �C���... � r�� �,�'1 ,�,,,y�y �� �� �`��,r��1 � �
' � ' `` � � 9z , ' � �`'�� .s ' �"r
� ,�� �
. �, s: � S� ;s�~ r� ��``` , \ s6��o/�r �
y �
�. ` `�� ,,; � �`'� �� - � � � E
: � ,� � �� t� i '� �80 Q�
`i 11�O.D5 � � :e os-` ,�p1��i �,�• � .� r•.,_ � � S.15'15'�
, 5
' PS'f �`\ �"�' � `� ` ,��•�,y ' �n�' � �' �� 'i �?�'°� �� �OI
�, � !�►• � i �� � un �t+ � �� `�. �,r �
'� Il S� �' _,�.r 7.�z 'y°� ��'�� � � � 40 N � ��� �3
� a `` `,. �t `4'���g 32" �� �' � ti \\`�` 30.69�p.6:
0 ,�s
�j 163:t5 ,•�. �ai,��'a s``� \ �Q°1�� ;\4 W�,� 1 � 63�� � o �0
4,r.a,' o O i�"""' � O �i � 1 W � � 3 /�9" o` 3p
EAST , r `� -s.� �.► . c� Q � 7 E.
� 1'�, ° �' - � '1 '� 1°� �' = o i 8?t I <
� 1� 5 e �O'�l �• �' s a� �` o A
, -�d. 7 ` bS�/:C'4l'44" r `� sc� ^ i �c�-+ � i L / \ J , � !
0
�' ��a.1� � iy �� �' i �f i � �:^T � o /
,O �+ ..
s p ' EASY fr��. '� '� Q 151.15 s ; s6?���29"F,���'�''� �q"- 3 0
r� `" `\ �� �Q o ,54"�. � , 206. �J � �
� d � p41
. � o
� �t N .� e� /
Z aP d'�� � �a � cF' e� � 5 ! � ar' � h /
i w _ � ��y oa
C"� 6' / tt�
1 o \ � d � i-- 1 `R o
` � � /r��� � � � o�..., 1 � ►�t' �M � � � �� /
1 a�l �r � i SQ
E�1S� \ r� ��.. ' � ° o �' p��
� � � ;� � .. -" ,o •G3•p , o , \
�., .
� � � � � Q r
� a � � 1 �=.p -�� 149.9� + `� j �14.c` �E' °� / o�"', .� i
� � , �
� ,� �; �,� ,� S.11°a�'��"E� e ..+�. ,' O � .�<
..j � � �'4;,�,�. c�c� v 4tS0 I �/rj� �� ! q !,�� �3Jr,�
L / ,' Ep4� �.��� � �A � � 4�'a6" ; ; �' `,, q � r ''S'�S'63°01',
�
---�-�i �1 ,` •�'.� o� i , =,a�E � o /
--�� � , �^,� °I t+., ,u; �,; �� g . �
�r l .\ 9 ,} b �...�
� 1 -(�, � 7 �7���_ � SY,�Q N � � h
� � G � ,l A , -L 3
� ( . a � / r- s r _ 43.5 -1 �� � , ,53.p6 �• - � 3p i 't
�
►�"^ _; � � _ --J P'c' ;' S:7J°5 _ �° `�:T i
� � �-1�►i•30 r~ ��p o �1 �1= C � 1
=` � �* - °ao o I e�i. �� �, (n6 ` �S•0
� � _� �_EpSZt�""�� � 4s � :� 4Q .�7 rN � ,� � i. f's�.4 4
r.-- �-- i / � z ;' 9 i _�'^ `"'•'�'ti; a�- � o i � s '
�., ! o . . w� a, cn ZC'f.
� � "`' � }.d•3°22'0 " .� 3U 90 .� J � i Zm � ���sy �C� �: �•�o
� 4 - 40.6 3 F �e � , °` '�
� \ �� '� 6�° '` ;�_�., S.1N5�i3i" - P��9�, ��� � v
C��.... .d4 ���t"'L�l�� "a� � `q ' �a /Z�D 'E� I ` �/ /a /yt <
� �„ ,�:"�, .� .: � _. ► � � � G; 'v , h � ss 3 9
d :► r'aa�0 4 ! ( _ •. o. �° 3 �
�� c9 � `�"` � y�, ` `� N � � , u' ta� y��� f '`'`°�9 �4 Q44 `t
o c� � � ,. a, . a' .. � � �M � • � �o F,
d :-� ! ~ � ;� ; p ��0.64 �,E .,r �.e�ti�� i� e ��`' .° � ,
� Z ��C er �b� l \� 0'�1�0 /� � I
lR.'1. e� o N.� r / b �
� �!`0 1 y/ '7 �h � \ / o
. ao-• A�� a• � � 6 0
� o� �,�"' o ,�'�`�� o � ,�^� , F Q• ,`0,°0 0,`' S,'QS.?7. p �„�.
a `�./ ! f, �� �v
� �� �� •`�.r � l ��d o���� -\ , i ��-- - �l'F `�y
i a � � � � •��
' m '� 1`,�.�q� �, \.� ''�� ,� v ���� �� �,�V1� 'f.�T � i..:�!�'' \��
o �� ��°a,�b q4� "�o, �rn�,��� �,� ,���,�+ r�f?0�4 �
�� v` e►-�°! 10. �� � y ,�p ��� � c 0� B
r z 9, .. �� . ^ , ��. 1 0
o� -30:� ;l a:9o^o0�00.,` �.✓ �h `;� 5`? a �?�, . �` ,�iF� io
s—' - � ►.. b�', �' �� .1�' � � -s' `- ' . �— �
qe q�50" ' v 1 z'►. " 1•�2-�?� � �'� �``��0�� ��h� s"��cQ �ilj�Oc�`, �� S.1
�= a �..��4�.-- �o �,�. a ,� �,� , , —��
�0�1 s� 5 � �
1 1 � \ s � �d:9��00�OQ" �� '�7�26'15..E_S�o�041���' r
�'" ,,�'�o ''•�1.03 � -16.88, _ --- -__
p � �5�o'�`�°� 0.��R .�ai�' -o "`�' '�? h� o�� - - i�.'�9- �ti.
►y-o 4:14 , ,� oo� � � � �S�pr �,b• •hh w �� �i .a
O
, Z� � �����/O,' h0� �O� � � B`�y `� �O �- `� � W s.
��.� '�, „ ,�.�- s� �.
�
r �• � ,s -�'� ,
���,��;-�����a:
,<: , � , ,.
,
�°+r.. � ,.,��� , ��F��"�.
w� W.. .�;'� ,,.�- i..j . .
}'� jy�.�r��affiui+�d9��i'����1��Y e '!N�"�g,�"' ���e�°a �y; :�M ay f:��t a?ee�kia��l' �5�;'ac��z c�¢�traa,����r�h �i''''�e .:"'°}�tE'��ap�'�":�a?6�p��,,�y'3S� 6�'T
� .+t�!..� � �'�} ��a1F�F�1��. �S�" s.., � .� ,- � t��:,� �'�` �7 �� i. �r• �J+' ,�a+�� � ��s� ,=,�t.a`i,. :�WS`:�„���� r
i�''� ��, ', �e�:; �J�� ; t > �('1 � � � �4 �Y• ��.° � �-;- .. -+M se.� `' � x . ?k Y.
.
' t �.r tt � ��.r -T. +� � cr
, _.
, ., �1 i a �
�.�., � . . .. . ,y�. . ,'�-.
, ' .
, . . .. .
.
. '�x�«� f' a .,' -'.�.� .� �._�........_��. .r�.. . _ �t' •_� ...... ,.....t�....,� y;� e .�....s�
Y�5' . .'�,• �F!. . . � k4zS , . .�1 �:k.d' � ,b . .,..f~ &� -._.... ..,. . .. _� . : .... _. _ .
� �
' . ,
RECEIPT
� //�
�i t o �ri d Ce
� �
� u��3 i Ur°iiversity Ave. N.E.
�-riciley, l�innesota 55432 Tel. 571-3450
i
0 +�
� � RFCEIVED OF ��� � �
_�' � : �,n�.,
raDDRESS _ �
�) � -�----,
F 0 R ;' -._ai/ iC � - Ctic;� �-�
i / � �J
� �`V' /� \�"�,.+✓`.11��1.'�-(�/�/ L'`9 � �y� ...
__.__-._.._- �
';\D � DPT/DIV ACCOUNT AMOUNT GLF PROJ
�__1�1_—�-- � ,� �� o :� ���
� �___
�_----
�-----
RICHARD D. PRIBYL
i Treasurer
, �.
By -->���_�c_._v
,. .
___--- � ��� 19 c�-� No. , - . :,
2� �� 1 �
FLATVAI(IT�MOORE BUSINESS FORMS� INC.�-N
.13.28 . .
r
. --- - �_� , �
' ` ' DIFiECTORATE � � o000 �
. �'� ~
- � O F °o o°
PUBLIC WORK8 �
`-- tiaD�
CI�TY OF 1�/t E M O R A N D U M �—
FRIDLEY �
T0: John G. Flora, Public Works Director Pj986-365
FROM: hiark L. Burch, Asst. Public Works Director
DATE: December 24, 1986
SUBJECT: Vacant Lots on East Danube Road
�'Ve have been working with the owner of two lots on East Danube
Road (Lots 5 and 6, Block 2, Innsbruck North) to cornplete the
site grading and establish a silt fence to protect an existing
ponding area. •
��
I met with the owner and his subcontractors on the site again on
Tuesday, December 23, and reviewed the requirements for site
develo ent. The are lanni to build a home on Lot 6 and will
I� Y p �
do the necessary excavation along the pond and install the silt
fence before building the home. I expect to meet with them
again next week before construction begins.
MLB/ts
13.29
-
. . . . . ,,� , ' , r..� ` . . . � . - . � �, . . � ` T ' • � . ' • ' .
.. . � • , ... �1 �t� . . ' �. . , . ' ' . ' • , . . ' .. � • � � � , ,�� . ! ' . �. .
�.. ..�I� � ' . . . i . . ' ,. �' � . 1 � ' ' ���1��1� I ll�r�� I ���' II'• . .
��� -G0.00 // _ NoatH _ � N.��pg���ME. � � — -� �
�� 30 ,185,00 61,06 � � NoaTH .
��� \� �I�r � � \ �• �/ O(,� . .
�o-:.s�., �p,44 ,1 .,�r �;;,�t; � � 6 � — . .
''�•��. ; .� � ��: ,��o� ----- M .,,. � �80.a go.aq go:a4 4o�b4 , -9o.�a--- -go.a4---
� c 6��: .�.'a� ��r�.—*`-`Nn�� � 7' ly p0� in `�'`""_, �----- - .•__-� �� �
,�� �t 6 `�t�; !a �+:W IO � a •yn �' �:,` nn �„ 61 ^ ` y�s
',,.. � � ��. —1 $ N�� �. ... �i �D 1 m :
�C�� , '� � � � � � 1 M I:J J� ��,a /h � �.0 I� � T�
/ � s; �,^' `': o+r'ti� �'13 Ro1s Ir�a�ll' • w�`3' � " .s�n �' us y � v. +- .n � � .�. �
o� � , �.� ,� �.�-��e� _-za.ao- - --81.3.� 49 •� � ,;, •,, .� ;., .., I �. .� ;, . --� ,�, - , �
9a, sl �, � ,��� � ,.;+- - .• � � �=:. " 'y .� „" o� �
; v�, '�:. 'p'tt, � � �? r + �6� � i ,•�r �l�'�"' � � :.�'
so
��/��o�,r�� � r���4liNio Qi 3�05,5-5 2a�G1 �c�, r°Q' �7 ?`i �1� � r � � .��N �tiG'4'�_0'�i„
�i ,
�1r5 , f 1�"°�'`Ep\„ "f� �1�1i�� ���/39. 4• 2���'�' �a12� /� . � ';�,. -�`�.41
'''' t , - 5'C�-- --92.p„_ ' N/g:96 �.� 'fl,/4_�2� 1+I1'41:41 _ ti24i3 �0,• t94
v� -
�!t�o'�� '�� � .�';�ti�0 ► �r2o��9�00•��;`,• � �Z�19",�? � ��! �0.14 � ��'NS,��t.✓ -►:ti
/ .�� � ��s '�or 9j�. � ,• '85��1 � G�,6 � . �"r1
� -�-- � � 0 �
�� •:.1j b `f-t •� 9�'o a �� d�3�n ; � , .� fi/��` - �232. 8� ,� N o'L ,� r
�� -:� e? � s �v�� ` �:= � `':� ; , 1•96� ��el � '�'34°05 08�, ,, , _�09.011
� a W� � . "� �:.� y � .� , 92.�� + _3y.�o-'*,, ' s=9•►�'
�e 1; � � �ty . � � +� :., •� �, _ p �i
e�o: o � oS� ��- � �, ', `.: '' 4p o A M a: 81°3-- - -g1.i2� - 31� �_�_ --
' ti � � � _,�: � W . h n � ,l„ a:u•�o�� " �� -
' o ►,, �' /���' \�i' ''� � "i "► � "'' 6 J- o"i
.�� r '�.�� �.+-r v .►� �1Yr ��'p� ��•M``�1+ N �O, '� ,��L 4J1 ,� +�. W N y !�+
� , �/+ _ p 40 � 0 �
. '�,r IS'�.%� � \�ti � . / � 8 D�K� " L��r'� �y o �-+ -�� � �i`�► •i . �+
r � � y� � S. S. �f_ o -, • . � w N .�
r�',p �A�� � .�rbyl d ��.4 S �, ��. nR ~ ~ a � a � � < <n .r .i�
0 ��� � 1 � ��� � .n �' Q" `� `'� '
f• ��.�.� �`�► ^\ � 4 � � �0�. --� j- � � r- s �
F / :''.0�by.a, � �j?��.� � �' � B.Op � 8 -,n � __ m \ $ w •� `•^ ` ��
�� ,� 3s`'� �g�lG., �o�•°�o��'�•� \¢9,C� 112.56 �1'32'p�E - � J_ ;,
�..�` a /� \ 4r � � �.' �,,'1• d���;�� ,,` \� 45.�Q 9S. q �24.pp � - __-
�. � �.�o , �,• . � . .r, �, a
1 ��, c � l'i p 4 �
i n� 1 v, jS ?S�, �� y�y�o�' 1 �� _ /5.� 9S• ','
, N � .w�•�� �: �08,� °.�, y'�?• s'`;'� �r ���.. __ 45.¢4 c_
, �
�
� � .,,��w.;��ti � � �:,,> • qjI °�co�.; ,�;�.�ai�9-.� .�`� ;^ ' - - __�
/,� �
,i� / � � � ��'/,,\, \/, i`. ,.'1G.� ��,,;o w `o,'h 'i •
� , � �h � �� ��� • � . o '�
� R' � ��� 'bo�1,.h��� �S�b�Sy ,�f0 , w .�40 �� �`��.i � �w� a j / � �
� ` `/��\ >�' o � c, ` ,gJ 9� � �0� ` � •% 1 ti��• .... �,� � /h �
� po ,' i.' �..h 4: �S ,'o`" i ` . ..� � c �
; � `• � ,1 ,�,•,�� 9•i�, �. , �/a� 90,p� I�i;- ,.',�• ,' °� pt,..."'
. �
� � � �`/ ,�q�� � 4s- �,BT. ,\ � � \ �� y�� j����/�p�' �
� a � � /
O o �'��0 � .� �' +� � � � ��-� ��Qp \ �/Y � �' �� \
�� � .\\ ��� � `��\ �Z�,. so �l .%
,,��yo sg. , ., ,, ; 0 ��.
� �0 �t J� -� ��': < o '�O, '�� {y 9Q0 �/�� �` �� �
./ ,•; p� � � ,� ,,:� � � p,` � ,q �
� ,�,, � � .. .��.
�� �'•�:v ` � �y '\/� � ,, �+v •. .�
� 90 �'' "J �e� �0. a � • ��
8 \
D Q� :\� i �.' b fj7 � �r�/
� ,�. N� �� �+. =
S?go �� �'°�,� „' •9� ., �►' �
� � 0 � �,
''� ^� •.'� D, vo
SB�3i k,� �9�0�.\ o`'y� t,� •� w
• � �o,".�,� y� � � „'
..9 ,,,< / �,,,,A y� �
°°o�� � � '�'i /
,'� i , o'' /�.h
, // , �� /� , r-j r •,� / +�
�i L�,� %�c � ��� /,-,ii 9p � /•��-.°'
L,,t �,��_, ,/ �l i/� r.. _ p�,` � p`.
^ �) ����/ �� ���/ / t V�•
,;;',I (� � n I ,OI ,/,� � ,/� ' \ ` �_� !�1'
n� �' ��1�� 1
L �, lnnsbr�� � ��r�
� ,
' � �� N��^{ti -- ,.�
A I�,
C ` �_�
� ,
Harstad Companies
May 11, 1994
Mr. John Jaschke
Wetland Management Specialist
Minnesota Board of Water and Soil Resources
155 South Wabasha, Suite 104
St. Paul, MN 55107
Dear Mr. Jaschke:
This letter is written subsequent to our telephone conversation of May 10, 1994.
Harstad Companies is scheduled before the City of Fridley Planning Commission for a public
hearing on May 18, 1994 regarding a request by us to alter an existing wetland.
Briefly, it is our intention to fill wetlands on a lot that was originally platted in 1977. We are
anxious to begin construction on this lot as soon as possible. We would like an interpretation of
the Wetland Conservation Act to determine whether or not we qualify for an exemption to the
permanent rules. In order to begin the approval process, we submitted a Wetland Replacement
Plan. However, in the event that we qualify for an exemption, Harstad Companies prefers not to
abide by the proposed replacement plan and related submittal process. The time delays and added
development costs would be excessive, in our opinion, for one platted lot. In addition, it is
questionable whether any wetland replacement would benefit the natural environment; the two
proposed on-site locations for repiacement would require cutting down a stand of trees and
mitigating in an area that was previously filled for home construction during the late 1980s. We
have already paid for a delineation, grading plan, wetland narrative and replacement plan.
This letter is written specifically to request advice for the following questions:
1) Is exemption #24 (or any other exemption) appropriate for this particular case?
2) If an exemption is appropriate, is Harstad Companies still required to submit all the
information requested by the City of Fridley and Rice Creek Watershed including, but not
limited to, 100-year floodplain calculations, a revised grading plan, a wetland easement, a
cash surety, and soil boring information?
3) If an exemption is appropriate, is Harstad Companies still obligated to a five year
monitoring plan?
4) If an exemption is appropriate, is Harstad Companies still obligated to any replacement of
wetland?
�'-•o
�.�""W,,,�� �(RS Silver Lake Road � New Bng3ht�Minnesota 55112 • Phone 636-3751
��l�� REALTOR`
. *. .
Harstad Companies
The following points are mentioned to help you make a thorough assessment of this case:
1) Please see the enclosed letter from Rice Creek Watershed dated Apri129, 1994. They are
requesting information on the 100-year floodplain level, including a revised grading plan showing
that the lowest floor elevation is at least 2 feet higher than the 100-year floodplain level. Since
there is a storm sewer outlet on site, it seems apparent that the elevation of the outlet is also the
floodplain elevation. If that is true, then it would follow that the proposed contours of the house
pad, as shown on the grading plan, are well above the 2 feet minimum.
2) It may be worth noting that Lot 5 was filled in 1� in order to build a house. Lot 6 was
not filled at that time because we did not have plans in the near future to construct a home on that
lot. However the fact that the City approved our plan to fill Lot 5 (and gave us a fill permit) may
be evidence to support our viewpoint that Lot 6 was also an approved, buildable lot.
3) Our original permit application(#93-61)with Rice Creek Watershed was submitted in
1993, before the permanent rules took affect. The request was tabled due to the substantial
reporting requirements.
4) Both lots are recorded, platted lots on file at the Anoka County Recorder's Office.
5) Both lots have City sewer and water stubs.
6) We have recently applied for a 15 foot front setback variance for Lot 6, which will reduce
wetland impact bt approximately 900 square feet.
Please advise either myself, Michele McPherson at the City of Fridley, or Kate Drewry at Rice
Creek Watershed on how to approach this challenging case.
Very Truly Yours,
HARSTAD COMPANIES
�-� —!�
�f' l^; ��, ..��1✓-
,
Paul W. Harstad
cc: Michele McPherson
Kate Drewry
enclosures
.�'�°v
�.';W,,,�� lAOd Silver Lake Road • New B1 g`�t 3 Flinnesota 55112 • Phone 636-3751
e��(�� REAITOR�
m�
� _....._. . ._.__._._ ._...__ . ....._..__. _
_ __ _ . _ _ _
. � .
C. TOM FISHER
5477 E. Danube Rd
Fridley, MN 55432
,' -
;
May 18 , 1994
City of Fridley
Fridley Planning Commission
6431 University Ave
Fridley, MN 55432
Re: Wetland Replacement Plan WR #94-01
Dear Sirs :
I have received notice of a hearing this date reqarding the above
matter . In addition to my personal appearance at this meeting I
wish to submit to you this letter setting forth my objections and
concerns to the ro osed lan i . e. the fillin of wetland area
P P P 9
(not to be confused with the developers request for a variance to
which I have separate objections) . I live directly across the
street from the proposed lot alteration.
My objections cover three main areas :
1 . My perception that filling this wetland area will materially
affect the drainage and water table on and around my property and
as a result may cause potential physical damage to my structure
as well as lost property value.
2 . The removal of a wetland area and the wildlife that inhabits
the area.
3 . The fact that , in the past , I have found representations
made b the develo er and the Cit for that matter to be
Y P Y, �
unreliable b
, ased on m ersonal ex erience. I ersonall do not
Y P P P Y
trust the developer to adhere to restrictions that may be placed
upon him by the City and I doubt the City 's resolve to enforce
those restrictions .
DRAINAGE D W
AN ATER TABLE PROBLEMS
As you should know the pond or wetland area in questions
currently drains the surrounding area. An inlet pipe is located
on the north end of the pond. An outlet culvert runs from the
pond, under East Danube Rd and along my northerly property line
to dump into an area behind my house and short of Farr Lake. The
water from this pond drainage remains on my property in the rear
unless there is enough excess water to cause it to flow across
13.34
� -
the footpath and into Farr Lake.
The pond holds a considerable amount of water itself prior to
it ' s rising to the level whereby it drains toward my property.
Filling part of the pond will reduce it ' s holding capacity and
result in more drainage toward Farr lake and onto my property.
The result is to have the excess pond water sitting behind and on
my property on a more consistent basis . During times of heavy
rain, I experience pressure on my basement area from water which
drains into my sump. Much of this is probably due to the slow
rate of runoff into Farr Lake. Fillin this ond artiall will
g P P Y
cause this problem to occur in dryer times and increase the
problem in wetter times .
In addition in wetter times Farr Lake has ' se o
, ri n t and above
it ' s banks because of slow drainage causing the water behind my
house to stand because of the high level of Farr Lake. The result
of filling the pond in part or whole is to increase the flow of
water toward my home because of the pond' s now reduced holding
capacity. If Farr Lake is full this situation will materially
increase the potential for damage to my property by backing water
now in the pond into my backyard and potentially into my lower
level .
I feel it is the City's responsibility to me to protect my
situation as a considerable taxpayer over many years as much as
it is your responsibility to allow someone to develop his
property. I am mindful that conflicts of property interests can
be settled in the courts and that the City can be held libel for
actions that cause damage to my property. I am told that Mr. Farr
would like you to buy his land if you don' t want to allow him to
go ahead. In all seriousness , I request that you buy my house if
you allow him to fill the pond and accept the responsibility
yourselves for the potential damage to my property.
WETLAND HABITAT:
I think enough has been written about the value of wetlands and
the environment that I need not bore you with this arguments
again.
RELIABILITY OF DEVELOPER:
I built m home in 1977 . At that time the ro ert I believe was
Y P P Y
purchased from Keith Harstad by my builder . My builder told me
that the pond could not be built upon as it was a designated
wetland area. In addition I asked Harstad himself about these
lots when I purchased a lot from him on West Danube Rd. Harstad
told me the lots in question could not be developed. He also told
me that the West Danube lot I purchased would accommodate any
house I wished to build. When I provided my plans to him, he
informed me that only a house of his design could be built on the
lot and not the type I had designed. He did refund my purchase
money. I built instead on the East Danube lot I now occupy
13.35
, i
� � '��
relying on the representations that the lots across the street
could not be developed as I could see the potential drainage
problem.
Two or three years ago, the present developer or Keith Harstad,
or both began to fill the lots in question and reduce the size of
the pond (Since that time I have developed water in my sump area
which I never had before) . I complained to the city and they said
that Harstad (Keith or Paul ) had been given a permit to do a
limited filling of the area . When the inspectors came out they
told me that Harstad had overfilled the area. Thereafter I
followed dump trucks from a nearby Harstad development and
watched them dump excess fill on top of the fill already placed
on the lot , resulting in mounds of dirt , unsightly and full of
rock, concrete and building material . I complained again to the
City and I was told the fill would have to be removed. Paul
Harstad met with me and told me that he had not dumped the fill
but it had been dumped by a maverick hauler . I , however, had
followed the trucks from another Harstad development . The mounds
of dirt have never been removed as the City said they would be.
The lot is mowed about twice a year and is generally unkept .
',� Needless to say I have lost a lot of faith in representations
made by the parties in this matter.
SUMMARY
Since I alread have been notified of a hearin about a ro o ed
Y g s
P P
variance for these lots , it is little wonder that I have the
suspicion that whatever I and others say here is only window
dressing and your decision has already been made. Therefore in
the eventuality that you decide to grant the request to fill part
of the pond, I request that you provide me with information on
the next steps available to me to appeal your decision. I request
this information in a timely fashion as I fully intend to pursue
whatever procedures are available to me.
Yours y,
�.
. Fisher
13.36
`
06/03/93
Mr. Pete Fryer
Montgomery Watson
� 545 Indian MOund
Wayzata, MN 55391
Dear Mr. Fryer,
It is my understanding that you will be involved in the approval process for permitting filling
of a wetland on East Danube Road in Fridley, where Mr. Paul? Harstad would like to develop
more lots for home construction. I would like to provide input against further development in
this drainage area.
In 1977, I purchased a lot bordering the next pond up stream from the one Mr. Harstad now
wants to fill, from Keith and Diane Harstad. My lot required fill in order to make it
"buildable", which Mr. Harstad did per the purchase agreement. Naturally, Mr. Harstad filled
the lot with the least amount of earth possible to qualify it as "buildable". As a result, my
house is the lowest on the series of drainage ponds bordering West Danube Road and East
Danube Road. This leaves my family with the highest risk of a flooded walkout level.
Of course, the city of Fridley had to approve the location of my foundation. Under direct
questioning, the city engineer declared the lot and foundation "high enough to avoid flooding
for 100 years", as long as the drainage system remained intact. He assured me that the city
would ensure that development would never be allowed that would jeopardize existing
properties via alteration of the drainage system. He also explained how my pond drained into
the next and so on to Farr Lake, which drains somewhere else. Each pond must be left large
enough to be a basin for local runoff, in addition to accepting the flow from the next higher
pond as its water level reaches the overflow pipe. I feel at risk from the filling done already
on East Danube Road by the Harstads, and believe that further filling only increases the risk.
Several years ago there was a series of rains which raised the water level in my pond so that it
overflowed up onto the lawn. Another six inches of water and it would have been in the
family room. This suggests to me at least that there is very little margin for error in the
decision process on filling the pond on East Danube. I am very concerned that public off'icials
might choose to take a chance on this issue, under pressure from the Harstads, and I will
sooner or later be alone in suffering the consequences. My concern is so high that I would sell
my house before the probable flood except that my family and I truly love it here; having done
a lot of the building ourselves, we have a very personal commitment to it as "home".
It may be irrelevant now, but the earliest residents of this neighborhood claim to have been
assured by the Harstad agents that these ponds would never be filled in for housing. Many
thought they were buying into a "nature area" where the ponds would be left wild. Needless
to say, greed has won out every time so far. Dare I hope this is not another chapter of the
same old story?
Thank you sincerely for your consideration of my input on this matter.
Very truly yours,
Sue Williams
13.37
i
G �
RADING P
LAN
EXHIBIT 5 ;
�j O ri �� � �� �� r$�� a REPLACEMENT PLAN '
O
�� N .
1��oPo�P<:( t'� l�
1 I I ' 1 I �ro�OSe� ��� ��C�v� ✓E'� ' .'� .�.�.�. . : .
� .�.�. . .�. . ' .
� . . . . . . •
� io3 Z . . . . : F-1-/st��9 � .
� . . . . �
� . . . . . . yo�s . .
,�:':�� •` ._,i;,.�.-.;., : :, .��,,, �, :, � . . .. . . . e . . .
t-�_� .:,,1 ,: ,
t� � , ••t ��. • � ' - ,
"\��� T .� � ."�'_ =.•,.�i �.�l�t- . � � . •�' �I . . . . . . .
� r �� (♦` + .���� �•��,ti t .l} �•, . � . . . 1 . . . . .
� , �l�' t'� f• �h" Z � � .. � . , . . . ,
:I `�' ��� , .. . ,�. , ' . ,
'\•.�., `•��'•ti� r�''�'` ��\� ,
a '
, ,. . . .
;� ...- s
.'� ��' 1 T .
r ,�� � ' ..
..� ,�,:-�-_,�.ti- �, ,: -�,� . , ; . �. , , i sr�
•���-`S �,L• �� . � , .� . � �� . .7+
T j\�` �ti O.O�� 't � l�' t f i�� � I, I 1 �OC S
r�����,,:..�_�� • ' � i �� ( � � •: ` � ^ � � / � J
`'� _/�� •�l` ll.� �� ! /. -.� I
`� �l���ry_� 1 ��'�,r`t : .� `� � •r • /
. � � i ' ,� ,
� ����4C � ��`��� ..`�~ i\.` . �� �. . '/ .
`J\'�\�•J�� 1�.��. � .1. ' 1 ( t\1 .' / �� 'I'100.12 '
c �-_\`� "4� \.�.=•'t � \:1`. `.:.' I i
. ; �� `�• .����,�� ` :� .i.,�, �•. . c '"/ ��
: '•1 `� � \��. �\.� �7 ��-' .;�. �
��•� ^`•`~\• 11 _�tl�•}_l�. 'T�: �r, r' / �1.�
•!.. .,��L\ � ..1�f...� '} . l � �
Y:f' ��� ��` �1.,•��. � ( ;1 i.11. � ,
��'�a\ -,�.� •� -� �\ C - �
i _ � : \ '`.. �, . ' � ;,/ } . .. ,- �
-.ti�• �� � ti� �•. '(-:' ; -.: � � t' • � �
,•.
�.�.,�. ��..� �; ,-�� •�1;� �� 1- J f��25
�i1 \/)� -��1.���'.,. •' - ~�'�� �;�� ,/�, /� � �
�y^ ��` y'�l- ,�l.i �i ,�'��� ./�., � � . �i �
NOf `;;', y .�` .{•';'a':L;,`�'�ti: :�'�',�:/ � .
R� r... �, :7� -��,-r= ,\� :, .�.�.�,,�•,� � , ;�� P
x.t.j\�,: ''� �' .,- �c _ �._ ,, i 6O0 , PRE
.-. ''``.4♦. `` .. . "r �
;•/`�. .. ' ` .b.- �-�, � � _ .� �j, ' .' � .
��/�'..`�-� r�,�`'•ti�l1 3� T C'/� t. �'y . !Al . ` ` `�f OQ� .
ti�F""�• .�1,�y1_.1 �!. �`~\� \rr�� � `1` �� � I ✓ \ r, �
� r J `\..YV�.- ^• v � /;1..',...'.`a..> � ' / O
� �I. �} • ` . '''� `./ / '� ' ' � /
� ,���' ' ,1J(.TQ`�... ��J;� _�;'r:,.�; �/ . ` , ' �� /
��\�,` �.�l��I'��� ,,1� � � .�_l�� / ` \ . 1 1 t 'f. . ", 1
c�� •-'� `�'t ''�- `-'t- / \
` 1� Y �; , � ,�j. � Hydron
� :l,Q��•-:r- ., `.�; ., :',.�,., "� ,il/ow �
� �; , �- ., t, /
� ";�. ::��� �':' �� :�"�::-,;..,.
���tij' f:�l��'�:i ��';,��;`:,�,r_ �. i �oco
�`\ > -' ':, 1,r. . .01' / /
��..r .�.���' = y ` �0';;A �� +�09 0
, .- ,_
�,s` ,.��`,�;�' :i`•:'�::=�`��` ��.��1 � .
( ,� �;-� . .;: .:,.� . � �-107.9 /
IL� .:. ;�.�;..� : Jr��.-_•. � -a_+• �
� �y t'1� � 'r _�,'��` 0
�V�._�� ���'.�ti• :itrl �'� - �'����� �°a� �� -1-1038
I, �ti, 9 y ;;`"'.t',�,.rr'
�� . �-:-, ,:4•- ,���� 1 . 90.0 /
� • :-:.;-Y� �;;-'.-{j�.., ExI.II�w se«,,, s.wx /
+ �`--`r�.r��*�4-;-'-. ,� `/`�•" �`
� .,��::�' ;•.�� ` _ ♦
.'\ry 0� ,-)' _....t��;�`,;.�`��:7� \ "�,)
o � ,�•_�;� . 4 /
O � \ ��L��� T �
. i�` `'� '` �� ,
r. ��• �-•• << ->� � M _ " \ j?\ \ � �00..Ll
' (�v � j1.��^�?; � ,�1,, � - - t�+ . _ x� _U j Ob, (O�_ � .
� l ;;, - ?�. (�, g'� ,nA. � o / / / \ .p( !�� -l��os.z �
r�;. �_ ,• � �:" -�� � n
I.`._ \ _ a�. � .,.� f J � �y��•
�?{, ,�','1 `�,'�w � �+y �y�.;���."� t � �� `i� 100.2 —� / �/ � �
I ./� '` ��n: '�'�*' ; ��
I�;.';�. ; •s ''� „� �� � r�;' �;�' \ / ��
�� I.� ;��: . S� 1 � e .�," �. ��e`� � � ��
� �ti..• w :a " � . ���,a.�� O \ �'� /
ti: -+-ioo.o
�Tr r t+ �'�� f O
. '' � � � t �t. � .�., : � `�tiA
1�:' �
u T - 4 ��• 1
,-. ,�- � as��` ����
-:• �ti •'� `' R_ � ,, oo.z ` C/ump Cotto�od
� �.�'~' , 'r. �. ."ti' x► � � � �
I�.?. !� i r .� r� \• �^'-}".:� ��
. ��r,\� '.� � ;1'� i t; ` , 1p6 �
�•�:��;• � �� tit. �1� iJti�"""�
i ; � ' ,� \ � ��t �� �
' ��y './`,~�. � � ' -.y ` L`1 �,�`� � f 704.4 a� 0 �ds /
x �•�'`-^��:��•� `' '•y `i,-,� `��'� / � �� � 6
• *yf ,,� �,a' �, l9
�, �' ' .� •����; .� '"�g,�,'�� � ., t104.1 � � y ,( �
# ��,� _ - � ��'� ;^� �,d� k�'� �/
'�`4;� � '•�i. h �
� �='���'9k� �
' I . + •.,c _ o'���� �9 g9• ph•
� �' , f
,� . ' / 14QQ I�1' �` �p' �����iL t104.4 b ����
• � �.r ,�hp ��( .�p �
e �; / �a��jt�tiDp ��• 0�5 � ul J�� 5?. 1-t . O-1
t 1 2.6 ak za 5 a �° pt,�r F
� �CoQo"�ct�.D � G We� �ctvtr� -�U 6�
l!� + „�
/o� �,a �.� • 7 Red Ook 8 1.3 �`�s e°� / � l(e� w�-t(,� �r�,�}
.� ! 0 t�
�- � ` 1 1 �`6 � S%� I ct�% I�. Vo� I�cv,r.:.�',
`r � � i �5�a 1� 05.7
� �' � Ac� � � /YO TES •
s �Z �'oa 1` Co��oar iil�er✓o/
` ' D� ' �
/ l�s,r.ifie o� yc�rfico/ Ooto.r>
o / Der�af�s E.ri'sfii�y Co�rfv��
/O(' � t 10 .3 ,��'I r''1'Deno te.r �roPa.rco� Co�to��
•� De�i�o��s �ioPo,reo� E/evofio�
,06.0 � ,2840 s9, Fr� o�'�.�,8�/ho/ �0 6� �//�
1 ¢--�---,4 D�na � ,s''
/ �s i�� �ncC
Lot 5 & 6, Block 2, •'lr�nsbruck lVo�th 2nd Addition, Anoka County, Minnesoto.
Sco%: 1"20' / he�eby certify that this plan, survey or repo�t was prepa�ed ��.RUD 4 $ON$, ��C.
gook --- by me or unde� my direct supervision and that l am a du/y L�4Nf� 6UR1/EYORB
oo9e ..� Registered Lond Su�veyor un�e� the lows of the Stote of 918m LEXINCatON �4VE. NO.
/ob No. 9J27,3LS Minnes to. Doted this �'�day of�19, 93. GIRGLE PINE6, MINNE80T�4
Registration lVo. 9g08 F��m1�-3626 TEL. '1B6-BSfib
• . __ _ --------------- •
- �'M, '�l�► �tii.d'!{f�+�'•�v
,� � t .� ( .,,yry,.,��� °�
—- [� `" v • " ', .. ���
� � t R , L , e,,. � , 7• d' �•—�,;i t����':
,� .� ' , , ", � ,�m �- .., ,� ' �' . .� � � '�,t fi 3,.
� �.�•. �w .,., �/:�� i`�i ':�.r. �� '+Y l,.k
s^ I+•,� � t y .�;�
t^ i � j:;� , �[ ' �f
� �. � � �s. �. � � ',►�,i .� '.t
� �� �,� .� ��>. � y ��'1- i �`a���, ,iy�. I/
Y �, � d'��. �o J�. � �'i .�' •I ��r. h,. �"�..
L � y 6�� 1 ,,� . s r � � ,,�.
���t�' „'M\ � t���p� � J f'�%i „7���1�"E'.'J ����
�:� J,{ t w' ��♦ �; �yy
� !t j ��'� � .i f T��1�.j'�14��"i"� >��M7� �,T� �7,�I���
�►�, � r �t� t�"'"' ,�
� {��� ',�� '�. � ��L�7t y�, ��t� � k ���, �:
� � �� `f} r ��i`" � � ��" +r'� �
{� �a ����� ��:� �x ,,,; a,, s�u
�u
fj� .p r• �Y.
..�-�. 1 � 7 �,�.` \�r ` ��, } , . �r ��. "���.M1
a :'f�k,� ���r'` .. ...� '; -"'.�,�-�'-� iGi
I• p..F�.e � 1,� - •T ;r,. � �j�-K' ,'�,7,r �,i �j� � +F� ti
� .Ai1,�J ,����•��,.�!�� ,!'�� � �
��.-'.n ` :�4'°+'_ �1 .�,�ty�F�''� Ak,:,.,�
'' ,,; +'}��,��f, -�`,. yf ,,��
} �t� �3'.�'�o. t. "," '� �M
-- �.P��`' � � '�� �
'1'� J ,Re �yr� �.:..,�
r . �1 � ,�';' t ��• al ��:�� -ryy„ . _...
� .,♦ . 14. . � �� r ^. � ¢�. .> -
r r `� �, �S'� �� � $/ � � � ,f
,k�: ✓' ���' .��,*�� �,�i. `,-`� ��j "��!� . : ,�'J ��."
� � �� �
a p, , r � � > r � .,' ���,.�( � � s�T ,. ry r
J :�"L��c�' � -�S+�p��1 �_ � �� u r ���� �'� Y �•'i"" � �� t �., .
'' s. " '�'� � .�`,�� � �,� ,i� r'`i►'` t ���y , a �a , .
�,
i'�' 3 w � ��. ., �.;: .r
"�.��4 t �t� i �r;., d� �,,�w. ,r.i`.a.�y , �} ik�'' ,�"�,f `,�;�� ..°,.
l�Y� � 4,, �7 HV �A" t»�;r � R�. ����1 !t�_�^" ?� / `�.� i �t„ e,,.
�S F s�: �g�� �l ��,'� �f;q• L ��; . �plti���. �i ♦ �` �'.�/ .� '�t
. ''Jk' , i�L^ .4YG.-L . e..�1 Y���.,,,r, �� . _ ,� .�.�� ;l��'., _ .1- �11 _..
Y�'`���-- d , i � � ,"�
�� ,���,ti��� �Y�>��� ` :��� _ ' �: F' t ' ?� . � ^ !��+f• ':..
�I'.� � -
��� ^N��'���� ,i 4'�;� l I, � , ` VL�c �e,R.s,� r! '��', ` ,r. �++i..��
'�� !�+a,,l r, I. .'i" r- � �. +•
'� �:`tjr,�-�. 5.1�.. �'. '� !�� # � �1.��='�•��. ��i�
�,i. � .� �'- ^�f�i��' 1�(��} �:. � :`FI• i
. .
' ��,j���� 1' .i� 7� 't� `71'�'..,�n-.
y_, N . z � "� g�. ,
�, �'�' � t ' Ei�r� '^w a. " �T t # �� �,
; .
jy � '
� ` t ' • �
� .:;�- wrS���, 7+�T}tj ,4. 1`
f
� ja, t s�l�'. �a �1 �.
� '�' �►: ��.("�I �",���• •,� -:�:.s.,,,, `5 � '�,
� ''��L � ,.,..w,„C�N .ry + �yy;,s'� h .
r+' �' .r:ac",'� .:�' ,k._..y �,,; � �*., , , �
�� :+�L.'�e1F►-_ a �' "'�-r _- - _ ti'�'� '�r� �-.�i
,�, f. '�->f�' ��.�
� I �• '
e :� k�. �� � _
' . .��� � � _ �
�. ..r r•'' A...
F _ •�, i_ � _. .�'��.- `'.
�- � � � � ��
. � �' �{, ,s � -ry
,_i` ` � �' I`.
` , --
�+G� �; . , F l�,f.�`�..�� ��'''' ', a
� I f. f R, , � 'a�j.� � + j ;� "; �� 1,a,
'y .�,.�_ .,�� �,� ,�4
M �.
-....N�`��``.�/i �� l
� r l ',_
-, �:
� CITY OF FRIDLEY
FINAL ASSESSMENT ROLL
STREET IMPROVEI�1ENT PROJECT N0. 1972-1
� STREETS: REGIS LANE, ARTHUR STREET, WEST DANUQE ROAD, NORTH DANUBE ROAD, EAST DANUQE ROAD.
LEGAL DESCRIPTION
� INNSQRUCK NORTH 1ST ADDITION
LOT aLOCK PER LOT TOTAL PER aLOCK
1 - 6 1 $ 2,821 .81 $ 16,930.86
� 3, 6, 7 , 2 2 ,821 .81 8,465.43
� 1 - 14 3 2,821 .�1 39,505.34
1 7 2,821 .£31 2,821 .81
� INNS6RUCK NORTH 2ND ADDITION
� 2, 4, 5 , 6,
7, 9, 10, 11 ,
12, 13, 14, 15 ,
16, 17 , 18, 19,
� 20, 21 , Block 1 $ 2,821 .81 50,792.58
� , �, 4,
� 7� 8� �� lo�
11 , 12, Block 2 2,821 .81 25,396.29
� 1 - 10 Block 3 2,821 .81 28,218. 10
(61 Lots) �172,130.�1
� TOTAL -COST: $172,130.30 .- 61 lots = $2,821 .81 per lot
� REGIS LANE-----------�-$ 5 ,596.78
WEST DANUBE R0�1D------- 67 ,985.44
NORTH DANUBE ROAD------ 37 ,3U6.56
� EAST DANUE3E ROF1D------- 47,586.19
ARTHUR STREET---------- 13 ,575.33
— , , �.
� ... .
�
�
�
�
�
� ' �
l
� .
MEMO T0: NASIM QURESHI, :4CTIhG CITY MANAGER, AND CI1'Y COU��CIL
� FRON�: MARUIN C. BRUNSELL, FINANCE DIRECTOR
� SUf3JECT: FINAL ASSESSME"IT ROLL FOP, SANITARY SEIJER, IJATER, AND STOP,M SE'�dER
IMPROVEMENT PROJ�CT NOo 103
� dAi'E: SEPTcMf3FR 13, 1973
On tiie af.tact�ed panes you will find �he final assessment rell for the Sanitar�
� Sei4er, ldater, �r�ci Storn Se�:ter Tr�r�pvement Pro ject P�o. 10�. 7hi s pre��ct covers
the Innsbruck North area, t�l�tte.rhorn Orive betti�,een In�erstate Highe•ray i�o. G;'4
and Garciera Avenue, ano !',rthur Street between the Innsbrvck tdorth area and
� Gardena Avenue.
, The d�veloper of the Innsbruck Plorth are� has requested the cost of the
� assessments in this �rea be divi �'ed er,ually on tt��e lots. This has been done
ti,�hcre feasible. Some lors on hlatterhorn Drive h�ve already been assessed
for wat�r laterat , s� are only bcir�g assessed for water services. The storm
sev�er was assessed on �n area rather than a per iot basis.
� In computing costs in fihe R-1 area of Irnsbruck tdorth /-1�dition, seven lots
were not assessed i"or titi��ter Gnd seti•�er 1 ateral s, as ti���y are not cor�si dered
� buitdabie iots. These iots ��•ere assesse� �or storm sewer.
A sum��ary of the costs follows:
INNSBRUCK NORTH R-1 ARc�
The assessment rate for water tateral is $1 ,04�.99 per lot.
� Tt�e assessment rate for water services is $2�Oo23 per service.
The assessment rate for sewer lateral and services is $1 ,018.39 per lot.
IN�tSB2UCK P;ORTH R-3 A`?EA
Oversi zi ng of tt,e �•:ater mai n and 4vater 1 aterai costs were di vi ced, wi th o�e-
half of tfie cost bein� asses�ed to ?:he apartm2nt area ancl one-hatf of the
cost beiny assessed ta the tol�nhouse area. (�dor�:h �nd sou�h sides o� North
Innsbruck Drive. )
14ater l.ateral
II�
The assessment for each apartment building is $6,328.10, and the assessment
for each to�rnhouse unit is $45.86.
�
�
�
J , . . ,
� .(
� � February 23, 1973 � .
_ . . _ _ ... _ .
. _ : ; . ,
� ..
i�ir. Nz�s i m Qur�sh i , P.��.
� CiTy of Fridley
� 0431 Un i v�rs i ly Av�. , fJ. �.
, Fr i d i ey, ;•i i nnesota 55432 .
� . R�: IidNSBRU�K �dG�TH GE;'ELG=�i�;E��1T '
. .�. Dear Mr Qureshi : � - .
� . . . . -� . .
� _ .`�Th i s: l eTter ccn; i�ms our �greec�en� at +he January 31 , !973,
`'msel-ing conc�rning sp�cial ass�ssm�nts on our sing{e fami ly
� _ . lots in 1nns�ruck �forth 1si and 2nd Hddi�ions. _
It' is our u�d�rstanding tha-�.a ( I exis�i�i�o spe�iai �ssass��nts � �
� � and stor(il Sc�J:ci sp�cial assessmen-s �;�i 11 �� s�r��d e�uai ly on
� . �: a I ! 122 I oTs, and �;naT f utu re spec i a! ��sszs�;�,�ni-s .for ;•ra-i-�r
. � : main, sanitary se�;,�er and s;r2ets ��ri l I ba s�read .on. a (��- b;sis
=_: ` on the l 07 cho,i c� l ots on I y. � .
� - ..__ _ _ . : . _
. _= Tn� 15 1 ots tha� you o�opose i o exemp i `ror^ Tut�!re �,�a;er m3 1 fl�
sanitary se�,ver and streei as��=S'Q��l�'S ��� ?S iO� �C'::5:
: _:.-:., .
.,
� : � '.
. Innsor�ck North 1st Additien , : �
� Loi's I , 2, 4, & �5 i;-� 81 ock 2 _ �. _ . .
� . . - . _ �: Lots v, I I., & 12.`i n 51 oc� 7 � _
- !nnsbruc!� �do,^11 L1��,t .�"1GS:J i+i on ... , -
� Lois 1, :3, & 8 in 81oc� I. ,�: . . .
�lofis 2, 5, o, l 3, �� 14 i n 3�oc; 2 .
� "- �f you nave a��y �u�s�i c%s o� Tn i s, p l easa e i ve �r,� a c� � I
� . ` : . • -
. � _ . . -. S i nc��e l y, . . ' . _
� �;�,��c-� ;. FP,�r. Gc�lELG�; ,=�•1 I CCR�'.
. � �,� �� : �, i f - -
� �� :>•'''.� ;�- � ,w. �
/ �'� -�..— r° ���,;.,'-�cc;.:,,�n,�.�°''
'\ "'a+..,»-.yc�-..r'-;,�.*`-= •�r/� ar. . E.=
� ��� f
•� r� ^
v..
�� .;��„•�_J c. L' :a:i�:ij
� � _ r'��0,:='C? =�r' ,.
Y ' ~�
' ' "�r . ..
•, . `�_4 -
..���� � . � . �^�J �C: Chl��.i�� �����i- . . � � � . . .
� . .. ... . ' ��I� !"' ,� 7" ,�� � � � ' .. . . . . . � .. ' � . .
,�� � k'� �� ;.''�.1��.
�� � 1 �� ,. ;� � �
� ...... . + . .... .. � r.. r! . . . '
� ' - ....�..�.'.�._.��.'.�'•�••. .• ._...' . '.�.'.�.. �,�,1 . . � . - . .
1
•� pfiices I;�: l.�rr.v.r,t:olcrado• rti:hu:�urrque,:ie�v hU�xico
�i �Y^cut�+s Ci�ic_s
' .� "iELc`PNOti� 012;E�33?S57
� , y , . '. .
�/� "?Oi °F{O�KIY"d �0'.)L`_�`:1^^
�.11?.t�.4 �rOLIS.�11'JNr50-A �"vC�9
� Community Development Department .
� PLAN�vG DrvrSION
City of Fridley
DATE: October 12, 1995 �
TO: William Burns, City Manager ��
FROM: � Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Illegal Fill by Paul Harstad on East Danube Lots
History �
As the Council is aware, in 1994, the City processed a wetland
replacement application by Paul Harstad for lots located at 5470
and 5490 East Danube Road. In addition, a variance application
to reduce the front yard setback on both lots was also requested.
The Council denied the wetland replacement application and tabled
action on the variance applications pending investigation of
illegal fill on the lots. Mr. Harstad appealed the City' s
decision to the Board of Water and Soil Resources, which upheld
the City's decision.
The Council directed staff to investigate allegations of illegal
fill which occurred on the lots. These allegations were raised
by the neighbors during the public hearing held for the wetland
replacement application. Staff directed Ron Peterson, Peterson
Environmental Consulting, to review aerial photos from 1977 to
the present time and determine the amount of fill which occurred.
Investigation Results
In 1986, the City issued a land alteration permit to Homestead
Homes to fill the subject lots. The land alteration permit
indicated that the lots were to be filled to the easement line
which is located 40 feet from the rear lot line of 5490 East
Danube, and 20 feet from the rear lot line of 5470 East Danube.
The results of the fill activity resulted in all of 5490 being
filled, and only approximately 50� of 5470 being filled.
Mr. Peterson' s review began with the 1977 photograph. This photo
indicated no fill had occurred; the wetland was still in
"pristine" condition. The estimated area of the wetland was . 6
to .7 acres. The next photo to indicate fill activity was dated
1986. Unfortunately, the area of fill was not able to be
i .
Illegal Fill by Paul Harstad
October 12, 1995
Page 2
calculated due to the oblique nature of the photograph. In late
1987, fill activity was also observed, however, it is not clear
that the fill impacted additional area or if it occurred over
existing fill from 1986. The wetland had been reduced to .3
acres.
Evidence of fill was also observed in the 1989 and 1991 photos.
However, this fill occurred over previous fill areas, and did not
include further impact to the wetland. No land alteration
permits were issued for this activity. No fill was observed in
the 1993 photos, although eyewitnesses reported dumping of fill
on the property.
Adverse Impact?
The fill placed on the property from 1989-1993 did not displace
any additional wetland area, and was placed in the same location
on the lot as previous fill activity. To say that the fill
activity in this time frame caused seepage into basements or
caused other groundwater effects would not be accurate. If it
caused surface water impacts, then the City's case is further
improved.
The fill placed on the property after 1986 was done without a
permit. Based on this fact, a misdemeanor could be charged and
the City could petition the court to require removal of the fill
placed on the property after 1986. Paul Harstad indicated in a
phone call that he and his father were not aware of the filling,
especially in 1993. Based on the aerial photo evidence, the City
has leverage to negotiate and prosecute for the removal of the
fill. Removing the fill, however, does not solve the problem of
future use of the property.
Council Options
Staff has identified three alternatives, their estimated costs,
and their pros and cons, for the Council to consider:
A. Pursue Legal Action
An action could be filed to require removal of the fill
placed on the property after 1986. Fill authorized under
the 1986 land alteration permit would still remain on the
lot. A new owner would need to determine the
appropriateness of the remaining fill and how much, if any
additional fill would be required to construct a dwelling on
the lot.
This does not, however, resolve any issues pertaining to
groundwater impacts. A specific hydrologic study for the
area, including a historical analysis of the rainfall and
Illegal Fill by Paul Harstad
October 12, 1995
Page 3
groundwater conditions, water runoff amounts for pre and
post development conditions, and sworn affidavits from the
neighbors would have to be obtained. It is estimated that
the cost for this analysis could be $20,000-30,000.
B. Allow Construction on the Filled Portion
Staff has been contacted by the Smiths, Fridley residents,
who are interested in purchasing the lot at 5490 East
Danube. Mr Harstad is "throwing in" the second lot for an
additional $1, and is not marketing it as a buildable lot.
In a conversation with the Smiths on Thursday, they
indicated a willingness to improve the wetland on the ���
adjacent lot if they purchased the 5490 lot. They would
properly regrade and excavate the wetland and add additional
plantings.
Staff determined that a 40'x75' dwelling could be
constructed on the filled lot without a variance. This
would place the garage on the north side of the lot, and
would require "stepped" footings under the garage to meet
the building code requirements. In addition, a soils
investigation would be required to determine the
appropriateness of the fill material. Some fill will need �
to be removed that was placed within the drainage easement
adjacent to the wetland area.
This option poses no financial impact to the City, and in
fact the City stands to gain via the tax increase created by
the new dwelling. The neighborhood also gains aesthetically
and environmentally with the improved wetland.
If this option is chosen, the variance request by Mr.
Harstad should either be withdrawn or final action taken by
the Council. The variance was tabled by the Council at its
June 20, 1994 meeting. •
C. Acquire and Restore
In this option, the City would acquire, either through
negotiation or condemnation, both lots. The wetland then
would be restored, and "banked" under the rules of the 1991
Wetland Conservation Act. The banked wetland could be used
to facilitate wetland impacts in our industrial area in the
' northwest corner of the City (specifically the lot located
in the southeast corner of 81st and Main Street) . The
developer would "purchase" the City's wetland credit and
reimburse the City for its costs. Restoration could be
accomplished by the City prior to industrial development, or
Illegal Fill by Paul Harstad
October 12, 1995
Page 4
by the developer at the time of development.
This option provides a win-win situation for both the City
and the neighborhood in terms of aesthetics, environmental
impacts, and industrial development. There are few, if any
locations in the City remaining for wetland mitigation
sites. It is estimated that this option would cost between
$10,000-30,000, depending on the method of acquisition and
the timinq of the restoration.
Paul Harstad intends to attend Monday night�s meeting.
MM/
M-95-535
PREPARED 12/14/94, 14:35:20 PROJECT ACTIVITY LISTING PAGE 1
PROGRAM GM186L ACCWNTING PERIOD 12/94
CITY OF FRIDLEY PROJECT - 8120 NETLAND-HARSTAD-DANUBE '
TRANS CHECK TRANS VENDOR BUDGET Y.T.D. P.T.D. BALANCE
TYPE NUMBER DATE REF. N0. NUMBER DESCRIPTION TX. AMWNT ENCUMBERED
------------------------------------------------------------------------------------------------------------------------------------ �
101-0881-435.41-01 PULL TIME EMPLOYEE - REG 0 923.88 923.88 .00 923.88- I
AJ 10/21/94 PR1021 PAYROLL SUMMARY 348.54 .00
AJ 7/01/94 PR0701 PAYROII SUMMARY 120.96 .00 i
AJ 6/03/94 PR0630 PAYROLL SUMMARY 232.36 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY 176.66 .00
AJ 5/06/94 PR0531 PAYROLL SUMMARY 45.36 .00
TRANSACTION TOTAL 923.88 .00
101-0881-435.41-20 MEDICARE CONTRI6UTION 0 13.39 13.39 .00 13.39-
AJ 10/21/94 PR1021 PAYROII SUMMARY 5.05 .00
AJ 7/01/94 PR0701 PAYROLL SUMMARY 1.75 .00
AJ 6/03/94 PR0630 PAYROLL SUMMARY 3.37 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY 2.56 .00
AJ 5/06/94 PR0531 PAYROLL SUMMARY .66 .00
TRANSACTION TOTAL 13.39 .00
101-0881-435.41-21 PERA CONTRIBUTION 0 41.40 41.40 .00 41.40-
AJ 10/21/94 PR1021 PAYROLL SUMMARY 15.62 .00
AJ 7/01/94 PR0701 PAYROLL SUMMARY 5.42 .00
AJ 6/03/94 PR0630 PAYROLL SUMMARY 10.41 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY 7.92 .00
AJ 5/06/94 PR0531 PAYROLL SUMMARY 2.03 .00
TRANSACTION TOTAL 41.40 .00
101-0881-435.41-22 FICA CONTRIBUTIONS 0 57.28 57.28 .00 57.28-
AJ 10/21/94 PR1021 PAYROLL SUMMARY 21.61 .00
AJ 7/01/94 PR0707 PAYROLL SUMMARY 7.50 .00
AJ 6/03/94 PR0630 PAYROLL SUMMARY 14.41 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY 10.95 .00
AJ 5/Ob/94 PR0531 PAYROLL SUMMARY 2.81 .00
TRANSACTION TOTAL 57.28 .00
101-0881-435.41-31 HEALTH INSURANCE 0 89.69 89.69 .00 89.69-
AJ 10/21/94 PR1021 PAYROLL SUMMARY 30.28 .00
AJ 7/01/94 PR0701 PAYROLL SUMMARY 15.54 .00
AJ 6/03/94 PR0630 PAYROLL SUMMARY 20.18 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY 17.86 .00
AJ 5/06/94 PR0531 PAYROLL SUMMARY 5.83 .00
TRANSACTION TOTAL 89.69 .00
101-0881-435.41-32 DENTAL INSURANCE 0 .75 .75 .00 .75-
AJ 6/03/94 PR0630 PAYROLL SUMMARY .75 .00
TRANSACTION TOTAL .75 .00
101-0881-435.41-33 LIFE INSURANCE 0 1.50 1.50 .00 1.50-
� .
PREPARED 12/14/94, 14:35:20 PROJECT ACTIVITY LISTING PAGE 2
PROGRAM GM186L ACCOUNTING PERIOD 12/94
CITY OF FRIDLEY PROJECT - 8120 WETLAND-HARSTAD-DANUBE i
TRANS CHECK TRANS VENDOR BUDGET Y.T.D. P.T.D. BALANCE '
TYPE NUMBER DATE REF. N0. NUMBER DESCRIPTION TX. AMWNT ENCUMBERED ',
------------------------------------------------------------------------------------------------------------------------------------ �
AJ 10/21/94 PR1021 PAYROLL SUMMARY .96 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY .54 .00 I�
TRANSACTION TOTAL 1.50 .00 �
101-0881-435.41-50 11oRKERS COMPENSATION 0 4.33 4.33 .00 4.33-
AJ 10/21/94 PR1021 PAYROLL SUMMARY 1.63 .00
AJ 7/01/94 PR0701 PAYROLL SUMMARY .57 .00
AJ 6/03/94 PR0630 PAYROLL SUMMARY 1.09 .00
AJ 5/20/94 PR0531 PAYROLL SUMMARY .83 .00
AJ 5/06/94 PR0531 PAYROLL SUMMARY .21 .00
TRANSACTION TOTAL 4.33 .00
101-0881-435.43-30 PROFESSIONAL SERVICES 0 652.73 652.73 .00 652.73-
AJ 11/04/94 113 CNECK #57891 97.68 .00
AJ 11/04/94 113 CHECK #56822 555.05 .00
TRANSACTION TOTAL 652.73 .00
TOTAL OF SELECTED TRANSACTIONS 1,784.95 .00
CLASSIFICATION TOTALS: TOTAL EXPENDITURES 1,784.95
PROJECT ESTIMATE COMPARISON .00 1,784.95 1,784.95-
PROJECT SUMMARY TOTALS 0 1,784.95 1,784.95 .00 1,784.95-
CLASSIFICATION TOTALS: TOTAL EXPENDITURES 1,784.95
I
PROJECT ACTIVITY LISTING
------------------------------------------------------------------------------------------------------------------------------------ �
FROM PROJECT NUMBER . . . 8120 '
TO PROJECT NUMBER . . . 8120
TYPE: 0 (0-ONLY, R-RANGE, S-SELECTIVE)
DESCRIPTION BEGINS YITH .
DESCRIPTION CONTAINS . .
TRANSACTION SELECTION
FISCAL YEAR.. FROM: 92 T0: 94 PERIOD.. FROM: 00 T0: 99
DATE RANGE . . FROM: 0/00/00 T0: 99/99/99
TYPES . . AJ . X CR . X LD . X MC . X PO . X VP . X VR . X JS . X
FROM: 000-0000-000.00-00 T0: 999-9999-999.99-99
TYPE: S (0-ONLY, R-RANGE, S-SELECTIVE)
PRINT PROJECTS NITHOUT TRANSACTIONS? (Y/N/0) . Y
PRINT PROJECTS MISC. 1NFORMATION? (Y/N) . . . Y
PRINT CIASSIFICATION TOTALS . . . . . . . . . Y
PRINT DETAIL TRANSACTIONS? (Y/N) . . . . . . . Y
PRINT TRANSACTION DESCRIPTION (Y/N) . . . . . Y
PRINT PROJECT ESTIMATE TOTALS (Y/N) . . . . . Y
PRINT INACTIVE PROJECTS (Y/N) . . . . . Y
PRINT ACCWNTS (Y/N) . . . . . . . . . . Y
. } _ �
� �
_._---� s ----_- _ _'_..—
--------.....
��� ���'�' (C�-
� � ��7�� � ���' _
�� � �
�C�( � ��►� � �
� � .
�----- '� � �'�'l
r �� � ��
,'� �.t.,-c.,� ,
�' �,C�� /�.-
{ �
� ~ �. l����'� ` �
° �' � 4 �. � ��-
' � � ' �-�� ��
----__----- ----�� , �, .
��_ _ . i�: �
��
���
�----- - j �� ,--f ��- �
, - /���� �,,
---------__ � �� �
--__ __ __ .
-�____--. �'-�f-� �� � � ��� � -��
_________ ��- �� .
-_______ �� _. __ ___ ____ _ _ __ . _ ___ _ _._ ___ _ . _ .___ _.
, .
r
' T
i ,l
i.1 ... . . . ...._. . ... . ...
_._.__'_ __......... �.� . . .
_ �� �-'�-�� ' ' __.
�
_ -
.�_ _ _ ,. <
___.__..___._ . r�� � � �,� �
�
�_.�._____�..�__. i �\;� V 1 � . .
� �
� \
1 ///���
�-_�___'__._.._ _" �l /� ♦ . ..
� i / �/'� /� /J
1 ////J�/,/ /,��j i '�/(��/ Q ���3�// _
_�_.��....__. 1�.M� �l� r0� ��l��f v l� �G���.,���� . ...
� -
�
:: � �
:. �` �� �� (� f� ����� � _
� �
� _
�r
_______--_._ .__ i � �.- �
__----_-__- -- _ � � f ���� �� �� �
; a���
�� -, ,,,,�---�- �
; ` �
-- . _ _______. __ F
, __,
�
___ _. _ ___ , ,
�t . ,
i ����, �?� � �
�_____---------___ _ ��
� _[-_____,_. ___;, � �`-�- .�'-�--� ��-
�- � _
` � � �
---_ ________. �
� � : Gn �
.___ ________ . __ � w � �
�
, _
.._`______. ______ �
o���
,
.
�
________________._ �
, �
��
�__��______ _ __ __ ____ _____ ___-___ _____. ___
_ _ ___ __ _ _ _ _-___ ___. __ ___ _- - --- + ; f ,
�------ ----------- - _ _ _
; �
ij
�
. ;
---____.___ _ _ __ _ __ __ __ . __ _ ________ _ _
____ _ _ _ ___ ___ _ - _______ __ --
,
,
,
�
�
;� -- _--
;� _ __ _ _ ----
�------- . --__ _ _ _ __ __ _
;; ___ ---____-- --
� ; i
� �
�
f
1
-- _--._ _ �
� + �' ���� � �
_ . �_ ___
�- �
� �
; C� C.�
� � _
_ _-_-__ ��� � c ���'
. ��.�s �� = w�
� � � rr ' �� , „ , ^
��
�� ( �
��� � ��E �`���
� � f
_ ' I✓�-�eu� �` � W �- V�- ��
�
_ _._ .. � � -�,�,;.
. �� � ' � . �
, �, .
�_ _ `" . ,.
�C�
- _ __ � �� �
j `�
---_. _ I �!
-- ____ � S�'JS ���
__.______
.
��'.� . 5 �'
.,�..� __-
_ � J
.----- --- . � .. �� � � I/�. '
.___-�.� 1� ��,
� _____ ____ :. . .
�
� � �� �
, . v
___. �� �� �`�� __
;
.
�.--______ �
,___________..._ __ � � � -� ;�� �e-�
�
�-----._--_-- l .
�,..___ _-- _.___.___ -
_ t( � �J�- Gj
�
_ ._ ___.__... _.___ ,
, U� �>�� \
__.__ ._. , .__ __ r �
_._ --___._.�_..._._. � -
�
� �
�
.____ __._____ � - � _
, . .
_____- _ _.. :: 1
P.
�,
�r �
, �� G� ��
�-.----_ ___ ��
� � �
f, � , `ry��.C,� (7
_�. _.__ .--.._ :; ' ! L� S��
______ -�'� \
I �
�� ��
� ��
j '�
.. 9' v
�� � � �
�.----__..__. _ ____._ �, f� � (
`��� �
_ ,; , � _.
�
. �
----_____.._ _._ __.____ ___ _ __ _ _._. ._ --_ _ _ _ __._ ___ I'
i
------.-- -______ . ___ _______: .._ I
.._._ _______ ��
----- ----_ ___ . ___ �
- __
�
--• - -_--.. _ _ ______._ _ -- _ _ .. . _ __ J:
_ ____ _. .. _ _
;
-----__ _ _--- _ ___. _ _ _ _ ,
_ _ _ _
_ _ ___. ___.
f
.._._
.
- ,
�-- __ _ _ __ ._ _ _ __ --. _
i
I �I
,�
. �
�
���
� __ - --.___ . ,����/� �
.-----__— � l � �C�c'�� �z,r�- G'�r
----_ — -- - _
�� �
___----- --- - ° �� -��
_
'���- ________ ___ _ ��
._- ___ _ _ , � � < u�_ . _
_ f �, � 1 �
� � _
_ _ __
� �
�- -- , � _ .
- . .�-� r-- � - -
-_ :. � �'�-e �`-�-
r
�. �
� __ __ _ i � � .
�
._
�__ _ _ f � �
� � � � �- � - �
�
_ � .
� � �
_ I
�
.. �
�,�
;
_ _ _ �
,�_ __ _ _ _ _ _ _____ _ _ ______ �
,
� __ _ _ _ _ _ . _ �
._ _ ,
_______ _ _ __
__ _ _ __ __ _ _ {
� _ ______ __ ____________ �
� _ _ _ _ _ _ _ __ _ _ _
_ _ _
�
��____
�
�,
• � .
Minnesota Board of Water and Soil Resources
155 South Wabasha Street, Suite 104
St. Paul, Minnesota 55107
In the Matter of the Appeal of Harstad ORDER
Companies from Resolution No. 51-1994 of
the City Council of Fridley
BWSR File No. 94-1-WCA
On June 20, 1994, the City Council of Fridley ("Fridley") adopted resolution
No. 51-1994 ("Fridley Resolution"}. The Fridley Resolution stated that a proposed wetland
fill by iIarstad Companies ("Harstad"j did not qualify for an exemption under the Wetland
Conservation Act of 1991 ("WCA") and that Harstad had not satisfied the requirements of
WCA for a replacement plan.
Harstad appealed the Fridley Resolution to the Minnesota Board of Water and Soil
Resources ("BWSR") pursuant to Minn. R. 8420.0250.
The Dispute Resolution Committee ("DRC") of BWSR held a hearing on Harstad's
appeal on September 8, 1994. Paul Harstad appeared for Harstad. Virgil Herrick, Fridley
City Attorney, appeared for Fridley. No other parties made appearances at the hearing.
Harstad agreed at the September 8, 1994 hearing that the only issue was whether the
proposed filling of wetlands by Harstad would be exempt under Exemption No. 24 to the
WCA, Minn. R. 8420.0120, subp. 24 (1993). Harstad acknowledged that it had not met the
standards for a replacPment plan an� that it «�as not persisring in its appeal of the den?al of
the replacement plan by Fridley.
Harstad and Fridley agreed at the September 8, 1994 hearing that the record for
purposes of this appeal consists of the Fridley Resolution, a Fridley staff report, and certain
correspondence and other documents. The parties agreed that the documents identified in
a list prepared by BWSR staff comprise the entire record. Harstad and Fridley agreed that
this appeal may be decided by BWSR without a verbatim transcript of the proceedings
conducted by Fridley.
.-�►
Both Harstad and Fridley made oral arguments to the DRC at the September 8, 1994
meeting. At the conclusion af oral arguments, the meeting was recessed until
September 28, 1994.
The September 28, 1994 meeting of the DRC was held in Shakopee, Minnesota.
After discussion of the merits of the appeal, the DRC adopted a resolution recommending
that BWSR should affirm the Fridley Resolution.
At a meeting of BWSR on September 29, 1994 in Shakopee, Minnesota, BWSR
adopted a resolution to accept the recommendation of the DRC and authorize the Chair of
BWSR to issue an order consistent with the recommendation of the DRC.
Based on the entire record of this proceeding, BWSR makes the following:
ORDER
Fridley Resolution No. 51-1994 is affirmed. '
Minnesota Board of Water and So' Resources
� r
Dated: October ;'1994 By ----
� Its Chair
-2-
MEMORANDUM
WCA Exemption No. 24 exempts, among other things, development projects that
received approvals during the "window period" from July 1, 1986 though June 30, 1991,
provided a�roval has not e�ired. Harstad Companies received a land alteration permit
to place certain fill, but this permit was obtained prior to the window period in May, 1986.
Furthermore, the record shows that the land alteration permit expired on December 31,
1986. Under the circumstances, Exemption No. 24 does not apply.
Minnesota Board of Water and Soil Resources
, � � `��
' Dated: October�l1994 By �
Its Cha
seic.axs
-3-
� _ _��� �_ . . _ _ _ _ .. ...,..-.." _ _,�_ .. . .__...—. ____
�L t �� �/
�,,,,�� September 1, 1994
���
�n To: Parties to Harstad v. City of Fridley
tB��e���07
��� From: Bruce Sandstrom, Supervisor
BWSR Metro Region ��� '
Southbridge Office Building
155 S.Wabasha Street Subject: September 8, 1994 Wetland Appeal Hearing
Suite 104
sc.Pa�i,MN 55107 Our �le: 94-1-WCA
(s�z)2ss-s�s�
Fax(612)297-5615
On August 5, 1994 a letter was sent by this agency to each of the parties
Field Officea of record in the matter of Harstad Companies v. the City of Fridley.
Besides serving as a notice of hearing, the letter conta.ined a list of
"°"ne�"R°9�°"` questions related to the matter aimed at trying to focus on what the
394 S.Lake Avenue
�om aos primary issues are.
Duluth,MN 55802
F�(2isj ii��sa Only the City of Fridley elected to respond to the questions within the
32»s�m;d�;A„e��e N. time frame provided. Enclosed is a copy of the City of Fridle�s answers
Bemidji,MN 56601 for your reference. Based on the response, it has been decided to
�2'$�'�-a2� roceed with the scheduled hearin before the BWSR Dis ute Resolution
Fax(218)755-4201 P g P
2»s.�tn st�eet Committee on Se�t. 8, 1994 as originally scheduled. The hearing; will
s��te Zo2 start at 1:30 p.m. in Room 112 of the State Ca�ital Building, St. Paul,
Brainerd,MN 56401-3660 �, No verbatim transcript of the City of Fridle�s proceedings will be
�2�s)s2s-2�
F��2is�a2s-soss required of the City at this time. Please note that I'm also enclosing a
chronological summary of the documents contained in BWSR's file on
so�ne��ae9io�: this matter for your reference.
P.O.Box 756
H�9nWay�s s. p�es intendin to subnut briefs should send them to me as soon as
New Uim,MN 56073 g
��07>�s-so�4 possible prior to the hearing to help expidite the process. If briefs are
F��5°'���°'$ filed at the hearing, at least 10 to 15 copies of the brief should be made
1200 S.Broadway available at the hearin for the DRC staff and arties resent.
Room 135
g � P P
Rochester,MN 55904
�5°��28��4�a Enclosures - Fridley response to questions
Fax(507)280-2875
- summary of file documents
P.o.eox 2s7
1400 E.Lyon Street
Marshall,MN 56258 cc DRC Members
�5°���'-s°6° Jim Nielse Chair
F3x(507)537-6.'i68 �
Doug Thomas
Metro Region: Ron Harnack
Southbridge Office Building Jim Birkholz
t55 S.wabasha Street Matt Seltzer
Suite 104
' St.Paul,MN 55107 Jim Haertel
�si2�2s2-5�is Dou Norris NIDNR
Fax(s�2�2s�-ss,s g �
a:harstad.m2
An Equal
Opportunity Employer
Printed on recycled paper
PARTIES LIST
HARSTAD v. CITY OF FRIDLEY
WETLAND CONSERVATION ACT APPEAL
Paul Harstad City of Fridley Anoka County Board
2191 Silver Lak�e Road c/o Michele McPherson c/o its Chair
New Brighton, NIN 55112 6431 University Ave.,N. E. Anoka County GoWt Center
Fridley, MN 55432 400 3rd Avenue
Anoka, MN 55303
Anoka Soil&Water Conservarion District Commissioner Rodney W. Sando Kate Drewry
11931 Highway 65 NE DepL of Nattu'al Resources Rice Creek Watershed District
Blaine, MN 55434 500 Lafayette Road 3585 N. I.exington Ave., Suite 132
S� Paul, MN 55155 Arden Hills, MN 55126-8016
City of Spring Iake Pazk
1301 81st Avenue
Spring Lake Park, MN 55432
NOTICE OF SEPTEMBER 8, 1994 WETLAND APPEAL HEARING, OUR FILE: 94-1-WCA MAILED TO THE ABOVE
ON SEPTEMBER 2, 1994 BY LORRIE BAUERS.
File Chronology & History
Harstad v. City of Fridley
by BDS, 9/2/94
Below is a chronological summazy of the documents in BWSR's file relating to the appeal
filed by Harstad Companies on the City of Fridle�s denial of a wetland replacement plan
under the provisions of the Wetland Conservation Act.
June 6, 1993 - letter from area resident Sue Williams to Pete Fryer (Rice Creek
Watershed District Engineer) expressing concerns about Harstad
project.
� April 14, 1994 -Harstad Wetland Replacement Plan, Rice Creek Watershed District
file # 93-61
• The Proposal: applied to fill 2,500 ft.2 of wetland and for 5 ft.
variance for front yard setback (2,800 ft.2 of fill needed without
variance), proposed to replace by creation of 2,500 ft.2 of new wetland
on-site.
• PUBF wetland on NWI, PEMC fringe in project area
• Exhibit 1: Location Map
• F�hibit 2: Grading Plan
• Exhibit 3: Wetland Narrative
• Exhibit 4: Wetland Seed Mixture
• Exhibit 5: replacement plan
April 19, 1994 - date of City of Fridley EQB Monitor Notice, published in EQB and
Fridley Focus News
- published on May 3, and May 10
. Apri129, 1994 - letter from Rice Creek WD to Harstad saying replacement plan
satis5es RCWD permit requirements
May 11, 1994 - letter from Paul Harstad to John Jaschke asking for advice on
Exemption #24 and other matters
. May 18, 1994 -letter from John Jaschke to Paul Harstad responding to letter of May
11. Said decision must be made by the LGU based on the evidence.
May 18, 1994 -letter from Tom Fisher to City of Fridley expressing opposition to the
project.
May 18, 1994 - City of Fridley Staff Report on Issues presented to the May 18 City
Planning Conunission. Gives summary of history of subject parcel.
Page 2
Summary/Chronology
Harstad v. City of Fridley
9/2/94
May 18, 1994 - excerpt from minutes of May 18, 1994 Fridley Planning Commission
meeti.ng covering the Harstad project
June 16, 1994 - letter from City Attorney Virgil Herrick to city staff providing legal
advise on the Harstad project
June 20, 1994 - excerpt from minutes of June 20, 1994 Fridley City Council meeting
covering the Harstad project
June 20, 1994 C`ity Resolution No. 51-1994 denying the Harstad replacement plan
in E B
June 24, 1994 - date of notice of denial wluch City of Fridley published Q
Monitor on July 11, 1994
July 15, 1994 - letter of appeal from Paul Harstad to BWSR (Jim Haertel)
requesting review by the BWSR under Chapter 8420.0250, Subpart 1
(denial of replacement plan) and under Subpart 2 (exemption
determination)
July 18, 1994 - affidavit of mailing of letter of appeal to the City of Fridley by Paul
Hazstad
August 5, 1994 - letter from Ron Harnack to parties to the appeal noticing the Oct. 8
hearing and asking for answers to specific questions
August 22, 1994 - letter from City staff (Michele McPherson) responding to the
questions asked by BWSR. Note: This was the only response from the
parties.
a:ha.rstad.sum
. SEP 06 '94 03:01 TO 612 29'7 5615 FROM HARSTAD COMPANIES T-863 P.01
TELEFA,X COMMUI�IICATIONS TELEFAX COtviMUNICATI�NS T�i,.EFAX COMiviUN1CATION5
�IA�.�T.�i�► Ct�N��'A��TI��
���r s�zv�R �,�K�ROA.�
�v�w�Rr�HTo�v. �v ss�ra
.FAX; (612) d36-1'S91 1'HONE: (612) 63c�-37S1
DATE : .5���. �
s�rrT s�' : P.,� H�r�t�,�l
�'AGES : (includin�t�i� �4�v�r,n�g�� 3
TQ� A,'�".�'��11`IC?N : �v���. ,`��s tru w�
�o : �3dW5
��# : a�7--S� I
MESSAGE •
lp�r!tr Sr? r�ca t l �.,.�E� i{' +tia r� 1 1 �+vt�l dc�q�e�'L Q�n c� �
—--- t—
-- ��^�o�w�a�tial„_ �,�r,� wdrllo{ f i�ft� inn� -f o n�ovi c(,�, o� i�
z
Vov �av� .�h�� � ✓<5-Fi o�n5����3��'�7S (�
r d�"� �•�S U S�t'n��•r� �t �' � TC� a �'�.o f' � v1
UF� LJ. S w, �; t _
. S�'e t�d � ��- f- �U �1,t�5 �l,vr5olav
T�a h k. �:,t.•
� y�M���
TF YOU A4 NOT RECEYVE Tk�E FULL AMpUNT QF PAGES,PLEASE
CALL THE ABOVE rIUMSEIt. T�A1�TI� YQUI::
SEP 06 '94 03:02 T0 612 297 5615 FROM HARSTAD COMPAN[ES T-863 P.02
ITarstad Companies
Septe�mber 6, I994
Mlr.Sruce 5andstrom,�egic�nal Supervisor.NXctra Region
Bo�td af Watcr aud Soil ltesources
155 Sou.th Wabasha 5treet,Suite 104
St.Paul,MN 5S 107
Re:Appeal of decision by City of Fridlcy
Lot 6,BIock�,�sbruck North Secvnd Addition(Anoka►Caunty)
Dear Mr.Bruce Sa�udstram and BaWSR:
I am submitting this letter in su,pport o�F our position for the hcariug o�Septembcr 8, 1994 regarding our
proposal ta fill wetlands an�pz-operty m the City o£k'�idley. The City of Fridley Plaa�ning�vmnussion
dr.nicd our wctland replacenaant pl�n at its meetimg on May 18, 1994. 'I�►e City of�aridley City Counail
subsequent�y denied our request�or a we.tland replacement plan(City resolution#15-1994)on Jul�e 20,
1994. SpecificaUy the City ruled that we were not exempt under the Wet�aztd Co�servation A,ct af 1991
and that any exemption could only be gfraaied bY�e Board of Water and Sai1�tcs�urces.
Pursuant to Mmnesa#a Statutc Scction 103G.2241 Subdivision 1 (a){24)property is et�ee�zpt from a
wetland replacemczrt plan when developm;ea.t project9 hgve reccived prelIIt�inuy er final plat approval,
iaa£zastruct�u�e has heen installed,or locai site plan approval,conditirmal use�ermits,or similaz o�icial
approval has been gn�nted by a goveming body or govemmeat&genCy within five years before t]�c cfl'�cctive
dats o�the ststute. For the fo�owing reesons,Harstad Companies bclievcs xt�s txempt from prcparing a
wetlatt.d xeplacement plau or following thc sequarci�g ntics as rcquired by t}ae Wetland Cansetvat,irnn.A,ct d�
1991:
1)We purc��ased the property with the iIItent ta build upon i�.
2)We received site plan,Prelimmary Plat,amd final p3at appzova�in 1976.'I'iie fiuxal pla#is
currently an record ai tk�a A�rol�Caunty Recordcr's�f`ice,
3) Sewer aad water were stubbcd to the parcel and paid for by Harstad Companies.
4)We received a(and aheratibn pertttit in 1986 W crnrect soi�s vn both die subjcct
property az�d an adjacent lot.
Thc abovc rnmtioned reasons are sui�'icieat enaugh to prov�de an exemptiozx under the Wetlaad
Conservatson Act of 1991. �ecause Harstad Companies received finai plat approval and prepared the iot
£ar home const�action,any attempt to iimit aur previously appraved r�gtzt to build on the pzogerty would
interFere�vith our invesUneat-backsd e�c�ee�ion5. As recently as Decembcr of 19$6,thc city consented to
i
, '/�P�"�ti� �
. �/,,•J,1._tA�\1
. `�`��' -��@9 3�7ver T�ake Aoad • New Brighton,Miriae�ow 55112 a phone 63b-3751
� Z�� REALiOR•
� � i :li
SEP 06 '94 03:02 TO 612 29'7 5615 FROM HARSTAD COMPANIES T-963 P.03
rcplgcing sails on the 1ot in order to make dxe lot buildable. Based upon t�ie Cit�s final plat approval an�d
the subseqaenC approval w fill tk�e loc as ncccssary,it xcmains c�ear that both the City and the properry
own.er intended to build upbn the subject propexty.
Tho City h�t;dcniGd our request to fill wetlands oz�tbc snbject parcel pursuant to our wetlarid replacement
p�an far the follov�7ng reasons:
�)A feasible and prudctu altem�L[ve exists wt�,ich avoids iumpacts to tl�c wctlaa�d.
2)5ection 205.Z7.OS.D,3 to thc prapoaed replace�reut ratio xs less than Y}ae 2�1 ratio t+equired by
Section 205.27.10.D.
3)1be p�titioner fa�l8ci to subrz�zt thc inforcnatien requased by statute and ordiu�,ance.
Hars�tad C,omp�nies does not dasQute poia�t#2,that tb�e prc�posed wettand replacemc�at ratio is less than 2:]
(it is }:1).We also admit that tbe repla,cema�t plan sub:nitted to tlo�.e City o£�xidley has z�ot fiilly co�mplied
�th required statute and ordinance on replaciz�g wetlauds(point#3). Harstad Companies maintains that
ouz�cffort to mitig�te wetlands and our subnuttal vf a w�tlacld replacemetrt plaa,althou$b.im,complete,is not
required but is dor�e in good faith to show the C�ty amd neighboxhood our intcnt to n�izstain the wetJand and
d�aina,ge area in as goal or better condition tban its cur�ent sfate. We consider the City's request for
�ddilional informatian as cost-prohibitivc and us►rea�onable oonsideru�g our origivaa�grgrunent that�the
subject property i�exempt from submitti�g a wetlaud replace��u plan u�[xier the Wctland Cocasorvation
Act of 1991, Harstad Campanies does nat dispute that#he City of Fridley has objecliv�ly and fairly
perfarmed its task as Y,,GU_
Fox�the record,howcvex,we do disputa the City's assertion tbat a f�asible and prudent alte�nnative exists
(point#1}. Building�sxnal3er hame cxi the site,constructing the haonne with pilings,or crnmbining the lot
rv�th the adjacent vacant lot to the Nor�wauld reduce kb�e marketabality ofth�lot and would interfcrc with
ouc i�v�sancnt-b�ked ex�eotations. Harstad Co�panics maintains the�osition that the sub�ect parcel is
ex�2mpt�rom the Wetland Co�servation Act of 1991,and wc axc thercfo�not requi�ed to submit a wetlab.d
replacemex�t pIan or pxavide inFozrnatitm at the 1eve1 of detail rcquested by the City.
Accordingly,we respectfully request thai tl�e Board iuterpret the statute arad rules to provide for an
cxcmption oA a subjact�rbperty when fina��lat approval has haen recelved and itled with the Cvunry.
Sivicerely,
HARSTAA CaMPANIES
1 ,' �j".,"l��' .
a-,.� �-
Pau!W.Harst�d
cc;garbara pacy, Co;mmuruty Uevelopment Ilirector,City of Fridley
-�
Y p �
_
�
CtTY OF
FRiDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 5�432 • (612)571-3450• FAX (612) 571-1287
August 22 , 1994
Mr. Bruce Sandstrom
Board of Water & S�il Resources
Southbridge Office Building
155 South Wabasha Street
Suite 104
St. Paul, MN 55107
Dear Mr. Sandstrom:
This letter is in response to the list of pre-hearing questions for
the Paul Harstad appeal to the Board. The following are the City
of Fridley's responses to the pre-hearing questions.
l. The list attached to your letter with the names and
addresses of all parties to the appeal is, in fact,
correct. In addition, the City of Fridley has notified
the adjacent property owners who were notified of the
original wetland replacement plan.
2 . I mailed copies of the letter dated July 15, 1994 from
Paul Harstad to Mr. Jim Haertel to the same parties on
the attached list on ,7uly 19 , 1994 . In addition, the
Board has mailed notices in response to the appeal.
3 . The City of Fridley r�ade fcrmal fi:.dings
contem oraneousl with its decision. You have in our
P Y Y
file a copy of the resolution approved by the Fridley
City Council on June 20, 1994 which states the reasons
for denial .
4 . The composition of the record includes the staff report
and the Planning Commission and City Council minutes.
You have copies of all correspondence and staff reports
in your file which was included as part of the public
record for denial of the replacement plan.
� �` `�r( _.
-�w k..��..��a��9 �+k:!
tiU� 2 - 1����
E�j:::� �E; �'V:"i�;�
, cr1'1' E�R:cry!�; ,
•,
,,.,,.,
���������:���.
Mr. Bruce Sandstrom
August 22 , 1994
Page 2
5. Verbatim transcripts of the proceedings before the local
government body have not been prepared. We do, however,
have in our file, audio tapes of the Planning Commission
meeting and a video tape of the City Council meeting at
which the decisions were made. If there is a dispute of
the facts, the City of Fridley is prepared to prepare
verbatim transcripts and submit it to the BSWR prior to
September 1, 1994 .
6. The City of Fridley desires to make oral arguments to
the Dispute Resolution Committee.
7 . The City of Fridley desires to present written arguments
to the Dispute Resolution Committee.
Thank you for your assistance regarding this appeal. If I can
provide any further information to the Board, please contact me at
572-3593 .
Sin erely,
� (�-��-�� � �.���`-��
Mi hele McPherson
Planning Assistant
MM:ch
cc: Virgil Herrick
C-94-211 '
�--,
; ��;��'�;,
__�=rw�
�
M�►,��
water 8c so7
Resources
August 5, 1994
Southbridge Office Building
155 S.Wabasha Street
Suite 104
St.Paul,MN 55107
(612)296-3767
Fax(612)297-5615
Field Offices TO: Parties on Attached List
Northern Region:
394 S.Lake Avenue FROM: �IC
Room 403
Duluth,MN 55802 Executive Director
(218)723-4752 Minnesota Board of Water and Soil Resources
Fax(218)723-4794
3217 Bemidji Avenue N. �; Harstad Companies Appeal of City of Fridley
Bemidji,MN 56601
(218)755-4235 Denial of Wetland Replacement Plan
Fax(218)755-4201
217 S.7th Street The Minnesota Board of Water and Soil Resources is in receipt of a letter
Suite 202 of Jul 15 1 pp
Brainerd, MN 56401-3660 Y , 994 from Paul W. Harstad. The letter is an a eal on
!2i$)e2a-2�a3 behalf of Harstad Companies of the June 20, 1994 decision of the City
Fax(218)828-6036 of Fridley to deny a wetland replacement plan. ,
so�tner�Re9ion: The a eal will be heard b the Dis ute Resolution Committee (DRC) of
P.o.soX�ss PP Y P
Highway 15 S. BWSR. The parties will have an opportunity to present written and oral
New Ulm, MN 56073 � ents to the DRC. After the DRC has heard the matter the DRC
(507)359-6074 �m �
Fax(507)359-6018 will make a recommendation to the full BWSR Board. The full BWSR
1200 S.Broadway Board will make the final decision on the appeal. The parties will not
Room 144 be provided an opportunity to make additional oral arguments to the full
Rochester,MN 55904
(507)285-7458 BwSR BO�d.
P.O. Box 267
1400 E.Lyon Street This is to 'g�ve you 30 da,ys notice that a hearing is scheduled to take
Marshall,MN 56258 place in this appeal on Se�tember 8, 1994, before the DRC, at 1:30 p.m.,
Fax7(507)5G37 6368 Room 112 of the State Capitol, St. Paul, MN.
Met�o Re9�o�: Please note that if there is a dispute of facts among any of the parties
Southbridge Qffice Buiiding and they cannot agree on the adequacy of the record, then the City of
155 S.Wabasha Street
Suite 104 Fridley will be required to submit a verbatim transcript of the
St.Paul, MN 55107 roceedin In order for the hearin to be held on Se tember 8, 1994,
(s,2�2ss-s�s� P g• S P
Fax(612)297-5615 the transcript must be received by the BWSR on or before September 1,
1994. Failure to do so may require continuance of the hearing to a later
date, possibly somerime in October.
An Equal
Opportunity Employer
Printed on recycled paper
/ - (�
Page Two
If the matter is heard by the DRC on September 8, 1994 and the DRC has completed its
deliberations, then the recommendation of the DRC will be forwarded to the full BWSR
Board for consideration by the fiill BWSR Board at its meeting on September 29, 1994.
If the DRC process is not completed by September 29, 1994, then the appeal will be acted
upon at a subsequent meeting of the full BWSR Board.
BWSR desires to make the appeal process as quick and efficient as possible for all
concerned. In order to expedite the appeal process, it is necessary to make certain
preparations prior to the hearing before the DRC. In order to address these pre-hearing
matters, we need to receive additional information from each of the parties. Please
respond to the quesrions stated below. Your response should be in the form of a letter
mailed to the attention of Bruce Sandstrom, Metro Region Supervisor. 155 South Wabasha
Street, Suite 104, St. Paul, MN 55107 on or before AuRust 19. 1994. Mr. Sandstrom can
be reached at (612)297-4958. You should also send a copy of vour letter to each of the
parties listed on the attached list.
Upon receipt of responses to these questions, we will send the parties a letter with further
information on steps that will be necessary to prepare this matter for hearing and whether
the hearing will be conducted on September 8, 1994 or continued until a later date.
Thank you very much.
cc: Jim Nielson, Chair
DRC Members
Bruce Sandstrom
Doug Thomas
Greg Larson
Mary Jo Anderson
Matt Seltzer
� �._.
� �.
, . FIe-�1P,aIlII,g Ql1PSt1017S ,_._�
i
� Please answer the following questions to the best of your knowledge. If the question does
not apply to you or the answer is not within your knowledge, please indicate as such.
1. Does the attached list contain the correct names and addresses of all parties
to the appeal? Under Minn. R8420.0250, subp. 3 the parties to the appeal
are the appellant, the local government unit, members of the public who
. have requested a copy of the replacement plan application, the soil and water
conservation district, the watershed district or water management
organization, the county board, mayors of cities within the watershed, and
the Commissioners of Agriculture and Natural Resources.
2. Has the local govemment unit mailed copies of the notice of appeal to all of
the parties listed in question 1 above? See Minn. R8420.0250, subp.3. If
the local government unit has not yet complied with this requirement, then
it should do so as soon as possible.
7
3. What are the precise grounds for the appeal? This is a question for the
appellant. The appellant should specifically state the alleged errors made by
` the local government unit.
4. Did the local government unit make formal findings contemporaneously with
' its decision? See Minn. R8420.0250, subp.3. If so, the local government
� unit should forward a copy of the findings to BWSR along with the record.
5. Are there disputed factual issues? This is a question for the appellant. The
� appellant should indicate whether the appellant disagrees with any of the
specific findings of fact made by the local government unit.
' 6. What is the composition of the record on which the local government unit
based its decision? This is a question for the local government unit. The
local government unit should respond in its letter with a list of the contents
of the record and should forward the record to BWSR. See Minn.
R.8420.0250,subp.3.
7. Has a verbatim transcript of the proceedings before the local government
unit been prepared? See Minn. R8420.0250,subp.3. If so• the transcript
should be forwarded to BWSR If there is a dispute of the facts, then the city
will have to prepare a verbatim transcript and forward it to the BWSR on or
before September 1, 1994.
8. If you are a parry to the appeal other than the local government unit or
applicant, do you desire to be part of the formal proceedings before the
DRC? If so, what is your perspective on the cit�s decision?
9. Do you desire to make oral arguments to the DRC?
10. Do you desire to present written arguments to the DRC?
., - . ,_. /--..
i
James Nielsen Kathleen Roer � Glen Annexstad
1815 Meadowwoods Trail 2232 Tamarack Drive RFD 3, Box 35
Long Lake, MN 55356 Long Lake, MN 55356 St. Peter, MN 56082
James Rossman Ted Lovdahl, Jr. Howard Peterson
7000 - 70th Street Route 1, Box 142 7021 Duck Lake Road
Oronoco, MN 55960 Effie, NIN 56639 Eden Prairie, NIN 55346
Doug Thomas Bruce Sandshom Greg Larson
Board of Water&Soil Resources Board of Water&Soil Resources Board of Water&Soil Resources
155 So. Wabasha St., Suite 104 155 So. Wabasha St., Suite 104 155 So.Wabasha St., Suite 104
St. Paul, MN 55107 St. Paul, MN 55107 St. Paul, MN 55107
Mary Jo Andezson Matt Seltzer Kate Drewry
Board of Water&Soil Resources Attorney General's Office Rice Creek Watershed District
155 So.Wabasha St., Suite 104 520 Lafayette Road 3585 N. Lexingion Ave., Suite 132
St. Paul, MN 55107 St. Paul, MN 55155 Arden Hills, MN 55126-8016
Anoka County Board Anoka Soil &Water Conservarion District City of Spring Lake Pazk
c/o itS Chair 11931 Highway 65 NE 1301 81st Avenue
Anoka County Godt. Center Blaine, MN 55434 Spring Lake Park, NIN 55432
400 3rd Avenue
Anoka, MN 55303
Town of Columbus Comm;ecioner Rodney W. Sando Paul Harstad
16319 Kettle River Blvd. Dept. of Natural Resources 2191 Silver I,ake Road
Forest Lake, MN 55025 500 Lafayette Road New Brighton, MN 55112
St. Paul, MN 55155
�• � �
��,-�� �=f,�l
c�o r� , �.11�1.� (�t����� �,���`� � 1;s} ��i� 1?� y
� 3� Lt�,�V��',� ��z. N�- ;�;1�-�
`�����1 c�� \�Ik�t e�7 `f 3 Z � i
-�.y��"P `�'� �'�����+ �
, r .
/\
' q . a �
AI�FIDAVIT OF SERVICE
Re: Harstad Companies Appeal of City of Fridley Denial of Wetland Replacement
Plan
STATE OF MINNESOT� -
)ss.
COUNTY OF RAMSEY )
Lorrai ne Bauers , being first duly sworn upon oath, hereby deposes and
says:
That at the City of St. Paul, county and state aforesaid on the 8th day of
August , 1994, s he served the attached: Memorandumto Parties onAttachedlast
�t� August 5, , 1994 by depositing in the United States mail at said City of St. Paul,
true and correct copies thereof, properly enveloped,with postage prepaid, and addressed to
the parties on the attached list.
Subscribed and swom to before me
this�day of '� , 1994.
Notary lic
s�.T:AT9 �,,•� ,, MARY T MILLER
3 NOTARY►UtLK MINNESOTA
•� • RAMSEY COUNTY
,��ww� /'Ay�ARNlMI{IW�Expi!!f 4.Z�'7f� .
�,,
Harstad Companies
�
July 15, 1994 �. •
�
f, .... �� 1
Mr. Jim Haertel, Board Conservationist - ✓�� , ,
� . t-
Board of Water and Soil Resources , •- r -
155 Sout Wabasha Street, Suite 104 �
St. Paul, MN 55107 1
Re: Appeal of Decision by City of Fridley
Lot 6, Block 2, Innsbruck North Second Addition (Anoka County)
Dear Mr. Haertel and BOWSR:
On June 20, 1994 the City of Fridley officially denied a request by Harstad Companies to
replace and fill wetlands on the above-mentioned property. This letter is an appeal of that
decision.
Per your suggestion from a telephone conversation on July 8, Harstad Companies is
appealing under Chapter 8420.0250, Subpart 1 of the Wetland Conservation Act of 1991. This
section addresses the appeal process for replacement plans. However Harstad Companies is also
requesting that the Board cansiders Subpart 2 (exemption) of the same chapter.
Since the lots were developed and platted prior to the enactment of the Wetland
Conservation Act of l 991, Harstad Companies is entitled to the full value of the property.
Anything less than the right to construct homes of comparable size and value to other homes in
the neighborhood will be seen as a taking by Harstad Companies. Our replacement plan was
submitted to the City of Fridley to show good faith in preserving and enhancing wetlands while
still allowing hc�me construction.
Ylcas� con�act ,-,ie directly ai 636-3751 if y�u wuu:d li::c ar,y a�ditiona: :r.fo:m�t±ion
regarding the subject property.
Sincerely,
la".,� %r/. �,�,.�'��
Paul W. Harstad
enclosures: resolution by City of Fndley (#�1-1994) denying wetland replacement plan
affidavit
cc: Barbara Dacy, Community Development Director, City of Fridley
�
.,�""do
� . ,��
,� k290 Siiver Lake Road • New Brighton,Minnesota 55112 • Phone 636-3751
�ti��A C�
�+y� aEA�roa�
�.
�' �
��� -
WETLAND CONSERT�ATION ACT
EQB Monitor and Fridlev FocLcs News Notices
for Project Decision
Local Government Unit: . City of Fridley � �
Date: June 24, 1994
LGU OfficiaL• Michele.McPherson
, Telephone: . (612) 571-3450. . . � �
� Address: � 6431 Universi.ty Avenue N.�. � � = �
City: Fridley �
Stat�: M�1 �
. �TP Eode: , . . _ , 55432.. . � . � : . . . - '... . '. . : . . .: _
PROJECT DESCRIPTION � �
Applicant Name: Paul Harstad; Wetl�nd Replacement Plan, WR #94.-01 :
Project�Location: 'i' 30 R 24 Sec 24 SE 1/4 NW 1/4 SE� 1/4
County: Anoka
Watershed Name: Rice Creek
Decision on Application: Denied
Comments: Denied based on: 1) feasible and prudent alternatives exist; 2) replacement
ratio had not been met; and 3) the applicant did not submit a complete
application.
A record of the decision can be viewed at the LGU office listed above. Persons interested in receiving
a mailed notice of each project within the jurisdiction of the above-mentioned LGU can be put on a
mailing list by contacting the LGU at the address listed above. �
Publish: Focus News EQB Monitor
Juiy 5, 1994 July 11, 1994
, /y-,
�.
RESOLUTION NO. 51 - 1994
RESOLUTION DENYING A WETLAND REPLACEMENT PLAN,
WR #94-01, FOR PAUL HARSTAD, GENERALLY LOCATED
AT 5470 AND 5490 EAST DANUBE ROAD N.E.
WHEREAS, a wetland exists according to the 1989 Federal Manual ; and
WHEREAS, the wetland is not a DNR protected wetland; and �
' WHEREAS, th�e proposed project .does �not fall under one or more . .
Exemptions; and � �
� . WHEREAS, th.e project is not wetland=dependent; and . . �
� WHEREAS,� aIl iinpact avoidance options .have been determined to be �
reasonable; and �
. WHEREAS., the project impacts have not been minimized; .and �.
WHEREAS; the replacement plan does not meet the 2: 1 replacement
ratio required .by City Code Section 205.27. 10.D; and
WHEREAS, the applicant did not submit a complete application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby deny the Wetland Replacement Plan, WR #94-01, by
Paul Harstad.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF JUNE, 1994 .
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
STATE OF MINNESOTA )
) AFFIDAVIT
COUNTY OF RAMSEY )
Paul W. Harstad, being first duly sworn deposes and says:
That he is employed by Harstad Companies, 2191 Silver Lake Road,
New Brighton, MN 55112 to facilite land development.
That on July 18, 1994, he mailed a true and correct copy of the
attached letter of appeal regarding Lot 6, Block 2, Innsbruck
North Second Addition (Anoka County) to the City of Fridley at
the City offices, 6431 University Ave. N.E. , Fridely, MN 55432.
Further your affiant sayeth not.
;�..�.�'' �i/ =����
Paul W. Harstad
Subscribed and sworn to before me
this 18th day of July, 1994.
� ..
� --
.�.o.�.��.�.t..."`,.
� �sz� fafrr�iae �. olazttac� ';
� �
� E ` w�uc—rniur:�scT9
, �—�] NCiA�!
'J �.,;,�
;,�rr,s�Y c��uraT'r
� �� Mv commi=sion expires 2-8-r9 �
/��AMaPA/1P✓MI�'a'`'ViI'�J�rti'�/".9V1/L
` �+ , _
�;: , .
�_.-
STATE OF MINNESOTA )
) AFFIDAVIT
COUNTY OF RAMSEY )
Paul W. Harstad, being first duly sworn deposes and says:
That he is employed by Harstad Companies, 2191 Silver Lake Road,
New Brighton, MN 55112 to facilite land development.
That on July 18, 1994, he mailed a true and correct copy of the
attached letter of appeal regarding Lot 6, Block 2, Innsbruck
North Second Addition (Anoka County) to the City of Fridley at
the City offices, 6431 University Ave. N.E. , Fridely, MN 55432.
Further your affiant sayeth not.
,/'-'� �
.� �----�.,
�l�/ . �;,�,��/1��
Y
Paul W. Harstad
Subscribed and sworn to before me
this 18th day of July, 1994.
, ' ��
�-v.s�iva�--.sv`-..r.�r�.,a.nr:n.-.!.....�.�;
( --,... �. o�azstac� '
� �---... `�.a!�r�ine �
,,�-.�;,
� .,�.��',-.r�`,+j NGTA:.Y FU2UC-MINr:iSOTIj
, �: `•-.•�. 7 R�,��;SEY cCUN7Y
.� �•'''-`;'� �
MY comm�ssion expires 2-8-9V�
yv��✓v.i-✓..�vv.
, t � �R�
1 =
�
f.
�,
. �
, .a
� ..
STATE OF MINNESOTA ) `��i `3� �-�ti -�'
[J...+i �...� 1.�'1 1�/! 1f si�
COUNTY OF ANOKA ) SS _ r�
' �1' :t�=�
CITY OF FRIDLEY )
I, the undersigned, being the duly qualified City Clerk of the City
of Fridley, Minnesota, do hereby certify that I have carefully
compared the_ RESOLUTION attached hereto, adopted by the City
Council of the City of Fridley at said meeting on JIINE 20, 1994
with the original record thereof on file in my office, and the same
is a full, true and complete transcript therefrom insofar as the
same relates to:
RESOLIITION NO. 51 - 1994
A RESOLIITION DENYING A WETLAND REPLACEMENT
PLAN� WR �94-01� FOR PAIIL HARSTAD, GENERALLY
LOCATED AT 5470 AND 5490 EAST DANUBE ROAD N.L.
WITNESS MY HAND as City Clerk of the City of Fridley and the seal
of the City, this 26TH day of JIILY, 1994.
(SEAL)
n�
WILLIAM A. CHAMP
CITY CLERK OF THE CITY OF F IDLEY
�--. -.
f'
RESOLUTION N0. 51 - 1994
RESOLUTIOcI DENYI�v A WETT.A,'�D REPIACE�iiENT PLAr1, T� #94-
O1, FOR PAUL HARSTAD, GENERALLY IAGATED AT 5470 AND
5490 EAST DANUBE ROAD N.E.
WHEREAS, a wetland exists according to the 1989 Federal Manual; and
WHEREAS the wetland is not a DNR rotected wetland' and
, �
P
WHEREAS, the proposed project does not fall under one or more Exemptions; and
WHEREAS, the project is not wetland-dependent; and
WHEREAS, all impact avoidance options have been determined to be reasonable;
and -
WHEREAS, the project impacts have not been minimized; and
WHEREAS, the replacement plan does not meet the 2:1 replacement ratio required
by City Code Section 205.27.10.D; and
WHEREAS, the applicant did not submit a complete application.
NOW, THEREFORE, BE IT RESOLVED, that the City�Council of the City of Fridley
hereby deny the Wetland Replacement Plan, WR #94-01, by Paul Harstad.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20TH DAY OF
JUNE, 1994.
w�:� ��
WILLIAM J. - MAYOR
ATTEST:
� 1 ` ; � ,� �i
�.11.(.�.l�vrv. L � c ,�� ': ;;���
WILLIAM A. CHAMPA - CITY �LERK
��= -
� ; !;r
.� ,
FRIDLEY CITY COUNCIL MEETING .O JUNE 20 1994 PAGE 29
. vote, all •voting aye, a.yor N�ee declared the mo�ion �ca�rried
. . .. . .. unanimous.ly, . . . . � • " ,.. . . . . _..
� MOTION by Ca ilman � Schneider to receive the �minutes of the
Planning C ission Meeting of June l, 1994. SeConded by Counci�l-
woman g.enson. Upon a voice vote, .aLl voting aye, Mayor_ Nee � � � �
dec red the mot�ion carried t�nanimous.ly. � � .
13 . RECEIVE AN ITEM FROM Ti-�E MINUTES OF THE PLANNING COMMISSION
' MEETING OF MAY 18 , 1994 :
A. RESOLUTION NO. �51-1994 DENYING A WETLAND REPLACEMENT PLAN
WR #94-01, BY PAUL HARSTAD PER SECTION 205 27 OF THE RRIDLEY
CITY CODE, TO ALLOW FILLING OF A WETLAND FOR CONSTRUCTION OF .
. _ A SINGLE�� FAMILY.. DWELL�NG GENERALLY LOCATED AT �5470� EAST. :
. . .DANUBE ROAD N.E. : � � � � � � � _. �
. � �� � . Ms." McPhersori; Plarining Assistaiit�, stated tha�t th_e` petitioner. is �
proposing to fi.11 approximately .2,800 square feet of Type 4 wetland
located on this � site and in an R-.l zoning district. She stated
that the petitioner created 1, 900 square feet of the same type
wetland on Lot 6 and an additional 600 square feet on the parcel
north or Lot 5 (5490 East Danube Road) .
Ms. McPherson stated that the Planning Commission recommended
denial of this request based on the following three facts: (1) a
feasible and prudent alternative exists which avoids impact to the
wetland; (2) The proposed replacement ratio is less than the 2: 1
ratio required by Section 205. 27 . 10. D; and (3) the petitioner
failed to submit the information required by the statute and local
ordinances. ,
Ms. McPherson stated that at the � hearing before the Planning
Commission, several neighbors discussed the improper filling of
Lot 5 . She stated that staff has begun a preliminary investigation
using aerial photographs which determined that new fill was placed
on the lot in 1989 . Some additional fill occurred on Lot 6 prior
to 1993 . She stated that the City' s consultant is attempting _ to
locate additional photos to determine what fill occurred after
1986 .
Ms. McPherson stated that staff recommends that Council adopt the
resolution which states the reason for denial of the wetland
replacement plan.
Ms. McPherson stated that the petitioner believes that Exemption
24 from the state statute applies in this case. She then quoted
this section.
Ms. McPherson stated that staff has made a determination that this
exemption does not apply. She stated the original plat was
completed and finalized prior to the July l, 1986 date outlined in
( �. %/
� �.'.�tpls
FRZDLEY CITY COiTidCIL MEETING OF JUNE 20 1994 PAGE 30
Ex�mption 24 . She stated� �hat during �the plat . approval process, � �
the wetland issue was not addressed and areas of -�ill not clearly �
� indicateci� on the plat. • She stated that while_ the City is.sued a .
� � land �alte'ra�ion permit 'in T986, a buil�dirig permit was not issued, �. . �
and the filling did not occur to the extent the permit allowed.- . �
Councilma.n� Schneider asked if additional filling occurred � after
� �1986. �
Ms. McPherson stated that in reviewing the 1989 aerial photos,
there is a clear demarcation from the old fill and new fill. She
stated that staff is in the process of checking the amount of fill
placed there in 1986, so the amount of new fill observed in 1989
photographs can be calculated. She stated that the south edge of
Lot 6 was filled between 1989 and 1993 .
Councilman .Schneider asked the �City. Attorney: if he. fel,t the City
: . � .:�;.. had `a_�valid.:case under�.Exeiuptiori.:24:.��. � �� , ,� . . . . . �. .
Mr. Herrick, City Attorney, stated .that he felt the information
given by staff is defensible but a good argument can �be made that
this exemption does not apply. He stated that, however, this is
a new. statute, and he could not predict the outcome. He stated
that he agreed with staff' s recommendations and did not believe the
.� applicant met the requirements of the state statute, as 'he admitted
when this issue was before the Planning Commission.
Mr. Paul Harstad, the petitioner, stated that City staff has done
an outstanding job and has been very thorough in following through
with the state ' s requirements. He stated that their proposal does
not meet the 2 : 1 replacement ratio, but there is no more room to
mitigate unless they tear down trees on the property.
Mr. Harstad stated that in regard to Exemption 24 , the fact that
these lots were not developed prior to 1986 is irrelevant, and they
are not being allowed to develop them because of a �state law. He
stated that there were fifteen lots that were exempt from assess-
ments. They were considered unbuildable, and these are two of the
lots. He asked the status of the other thirteen lots.
Ms. McPherson stated that of the fifteen lots, four are vacant, and
the remaining eleven were built on. She stated of these eleven
lots, all but two were developed between 1975 and 1979 .
Mr. Harstad stated that it appears there are a number of facts that
indicate the lots are buildable. He stated that one of those facts
is that, in 1986, they acquired a permit to fill both Lots 5 and
6 and at that time, chose to fill Lot 5 to make it buildable. He
stated that due to economic reasons, they chose not to build on
that lot. He stated that there are clearly issues of drainage, and
the impact the filling caused to the adjacent property owners.
Mr. Harstad stated that Council will either have to approve or deny
. f:;.M ,
. l;
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 31
this request. � Yf it is denied, Mr. Harstad said that his intent
. is �to appear before the state'. He stated� tha� they will move ahead
� : and test the constitutionality o� the Wetland Conservation Act. ..
. Councilman Schneider asked Mr. Harstad to address the filling other
than in 1986 .
Mr. Harstad stated that. from 1988 to 1992 he was�out of the state
going to school. He did inquire about the filling, and rio one in
his office honestly knows about it. He stated that Lot 5 was
already corrected, and there was no reason to place more fill on
that site. He :stated that as for Lot 6, it would have been foolish
to add more fill when the sub-soil was not corrected. He stated
�r' that he is not taking responsibility for the fill dumped on that
�� site. He stated it is unfortunate that it happened, but it is
� particularly ..unfortunate . that . a neighbor. saw trucks. . from .his
�d� �, �company. . �illirig that .site. - He stated that they paid a: . sub- _ .
�N ;tr�'. �contractor tb.d��$ome•,g.radirig�.: Th���fi�T� was probab�y. dumped:at•t�h� " .� � � .
+,�Q' �;M�' site kiut not with their permissiori. � � � � � � � �
�° ��%u �,�;'�� � .
y Mr. Bob Horeck, 5505 West Danube Road, stated that he is one of
tah� �o� about thirty . neighboring residents who have been at the last
� several meetings on this issue. He stated that there are some
� j major problems for several of the neighbors if the wetland is
• filled. He stated that prior to 1991 or 1992 , they did not have
any flooding. He stated that fill was placed on the site in 1986,
and that the filling was reasonable and graded.
Mr. Horeck stated, however, that in 1992 , about 300 cubic yards to
400 cubic yards of fill was dumped. Since that time, neighbors are
getting flooded. He stated that in his area, the water is roughly
two feet higher. He stated that the filling between 1989 and 1993
happened to both lots. He stated that it was Harstad' s trucks that
dumped the fill, and he felt it should be removed at Harstad' s
expense.
Mr. Dault, stated that he is a neighbor to Mr. Horeck, and he said
the water table has risen. He stated that their back yards have
been destroyed by the filling done in 1991 and 1992 and something
should be done about it. He stated that the water table before
this time was four feet below their back yards, and now it is
within two feet. He stated that in heavy rains, water is almost
to their back door.
Mr. Burns, City Manager, asked the impact of caater in their back
yards prior to 1993 .
Mr. Dault stated that this has only been a problem since the
illegal filling.
Ms. Burg, 5557 East Danube Road, stated that since the lots were
Pilled, she has had a constant wet wall in her basement. She
• , 1 ,/ I '.��' .
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 32
stated that if more fill is added the problem will only get worse.
She stated that when she inquired about the illegal dumping, she
. _was threatened .and told if she did n.vt g�et off the. property she was
going to be hurt. � � . .
Mr. Harstad stated that he did not know whose trucks dumped the
fill, as Harstad does not own dump trucks. He stated that it is
not clear that if two homes were built on these lots it would -
adversely affect the drainage. He stated that if they increase the
wetland, it would probably improve the drainage substantially.
M4TION by Councilman Schneider to . adopt Resolut.iox� No. . 51-1994 .
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
. � Mr. Herrick .stated that if: the ..facts show there was illegal
filling, the �City has . options of taking either civil or criminal
. a.ction .under tlie .state.,statute or .under the ruies, and :regulations.,.
. � . � of. �he waterstied district or .local ordinances: �� He ��stated 'tha� he� �
does not have enough information. to show if there were any viola-
tions, and staff is currently working on this issue.
14 . RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24
1994 :
� A. VARIANCE RE UEST VAR 94-04 BY PAUL HARSTAD TO REgIICE THE
FRONT YARD SETBACK FROM 35 FEET TO 20 FEET I ORDER TO
MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTI OF A SINGLE
FAMILY HOME GENERALLY LOCATED AT 5470 EAST D BE ROAD N. E.
AND TO REDUCE THE FRONT YARD SETBACK FROM FEET TO 25 FEET
TO MINIMIZE WETLAND IMPACT AND ALLOW T CONSTRUCTION OF A
SINGLE FAMILY HOME GENERALLY LOCATED A 5490 EAST DANUBE ROAD
N. E.
Ms. McPherson, Planning Assistant, st ed that these are variances
to reduce the setbacks on two lots minimize the wetland impact
and allow construction of single f ily homes. She stated that the
Appeals Commission recommended d nial of these variances.
Councilman Schneider stated at the Appeals Commission and staff
are recommending denial of e variances. Based on the denial of
the Wetland Replacement an, WR #94-01, it would make sense to
table any action on the e varianc�s, until such time as there is
a final determinatio as to whether staff ' s position on the
wetlands is upheld.
Ms. McPherson s ted that Council can table this item. The
petitioner cou also construct a smaller home which meets the
setback requ' ements and the 0-4 regulations of the Wetland
Conservatio Act.
Mr_ Herr' k, City Attorney, stated that the proper action might be
to tab this request, as he felt action on the variances would be
prem ure without knowing the outcome of the denial of the wetland
rep acement plan.
L
�'L Y (...`.r. �vy�rv�..
ROBERT A.GU7_Y �' �' a~ f'A\;EL,�\L HARhIS
I3ER�JARD E.STEFFGN � '(` �!! CHARL[S\t.�El'�:�)RA
RICHARD A.h1ERRILL � � � 4;' ���: \11LLIAV\1 FI.�\�L'\�
DA21tEL1_A.J[NSL\ �� ��,�, 1��� D,\\IEL D.C�A\l Elt.JI:.
JEFFREY S.)OHNSON (iE\'EI:LI'I�.DC�DGE
RUSSELL H.CRO\�'I)ER Barna� �u2� � �tef�en� �t�. Cft:AIG\L Al"ER=
JON F?ERICKSON 11 GREGG V.HERRICI�
LA\�URENCE R.)OHNS(�N J\\fES D.FIC�EIT
DA�'ID A.COSSI ATT��h\F`��T L.-�\C� )��:AV A1.LI;ADE
THO\4AS C\dALc1VE � � � iC�ii T\L LEP:\:�
�IICNAL'L E HURLLY 7��1��OCC�lIO��'ll FI[l�(1Cl�l� 1 �FiZ<1 �;"[\'E�L.�f,\C!:EY
viaci�c.Htaaic�: 2p0 Coon Rapids Boulc�ard t��z:a�3Ert i,a._ctj:�uixc
HERMAN L.TALI_E Llinneapolis, �L�T 7�=}»��'�c�9 ����LLf:��t F.fil'EF\�I:
ROBE�TC.H1'\E�
(612.) 7S0-8500 FAX(6121 �80-1 i;� '�j'�'y`"
Writer's Direct Line: (612) 783-5124 '
MEMORANDUM
TO: Barbara Dacy
Community Development Director
City of Fridley
Michele McPherson
� Planning Assistant
City of Fridley
:,;
FROM: Virgil C. Herrick �-� jJ .'. ___
City Attorney �;,��,�-��
City of Fridley
� SUBJECT: Wetland Replacement Plan and Variance
for 5470 and 5490 East Danube Road Northeast
DATE: June 16, 1994
This Memorandum is in response to an oral discussion that we had
on June 16, 1994.
At that time you asked me for my opinion as to whether a denial
of a proposed wetland replacement plan and a variance on the
above properties could be sustained. I am of the opinion that
these actions could be sustained for the reasons stated in the
resolution apneari.ng at Rage ].3 . ]_ �f the Council A�;en�� Of •T1111P
20, 1994. �
More specifically, I believe that the denial could be sustained
because of: 1) the project impacts have not been minimized; 2)
the replacement plan does not meet the statutory required
replacement ratio; and 3) the applicant has failed to submit all
of the information required in the State Statute and City
Ordinance.
I also believe that a denial of the variance request could be
sustained because: 1) the need for a variance, and the extent of
the variance, cannot be determined until the applicant has
submitted a complete application for a wetland replacement plan;
An Equal Op��r;uniry Emplo�•cr
, � ,,`�.�
�� , ;t:
Barbara Dacy/Michele McPherson
June 16, 1994
Page Two
and 2) it is not possible to determine at this time whether a
reasonable use can be made of the applicant's property without a
variance until such time as the determination on the wetlands
replacement plan has been finalized.
You also asked me about the procedure to be followed if facts
indicate that the applicant has improperly filled wetlands on the
above properties. The City could proceed with actions either
civil or criminal under Minnesota Statutes (probably Chapter
103G) for violations under the Watershed District's Statutes
and/or Rules of the Rice Creek Watershed District or under City
Ordinances, if applicable. I do not know what evidence, if any,
• exists to esiai�lisn �mproper filling. If after iurtrier
investigation any evidence is discovered, it will be necessary to
evaluate that evidence and to determine whether the activities
constitute a violation of the State Statutes, the Watershed
District's Rules and Regulations or the City Ordinance. I do not
have sufficient information at this time to come to any
conclusion as to whether there was or was not a violation.
,
/—. /
. � � I,.;n�V.Aw�
' � � ' CITY OF FRIDLEY � , -
' " � PLANNING COMMISSION ME£TING, MAY 18, 1994 �
� CALL TO ORDER:
. � . . � Chair.person' Newman called the May 18, 199� , • P nning . Commissi'on � �
meeting �to order �at 7: 30 p.m.
ROLL CALL•
Members Present: Dave Newman, Dean aba, Diane Savage,
LeRoy Oquist, C nie Modig, Brad Sielaff
Mem�ers Absent: Dave Kondri � _
. Others Present:. . Barbara acy, Community Development Director -. .
. . � .. � . .. . " �:�.MiChe , i�IcPherson, . Pl�nning`�Assis.ta.r�t �: . _ . , . _ . .
' " ' � • � Pau arstad, Harstad .Compani.es �• . � �
� Fo re.st Harstad, Twin City Townhomes
edd Mattke, Mattke Engineering
Ed Dropps, Cypress Development
See attached list
APPROVAL OF Y 4 1994 PLANNING COMMISSION MINUTES:
MOTION Mr. Oquist, seconded by Mr. Saba, to approve the May 4,
1994 , lanning Commission minutes as written.
UP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
i
TION CARRIED IINANIMOUSLY.
l. PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACEMENT PLAN,
WR #94-01 , BY PAUL HARSTAD:
Per Section 205.27 of the Fridley City Code, to allow the
filling of a wetland for construction of a single family
dwelling on Lot 6, Block 2 , Innsbruck North 2nd Addition,
generally located at 5470 and 5490 East Danube Road N.E.
MOTION by Ms. Savage, seconded by Mr. Sielaff, to waive the reading
of the pub�ic hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND TAE PUBLIC HEARING OPEN AT 7 : 32 P.M.
Ms. McPherson stated the subject parcels are generally located near
the intersection of East and West Danube Roads, east of Matterhorn
Drive, and south of North Innsbruck Drive. This request comes as
a result of two actions--one at the state level and one at the
local level . In 1991, the State Legislature passed the 1991
Wetland Conservation Act (WCA) . This Act is an attempt to limit
the loss of wetlands to no net loss. The City adopted the O-4
13.42
i- -
. < /`zr-.av,: �.4, .
� S _
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 2 . �
. . Overlay District which is the Wetland Pr.eservation District.: This _
. . basically put the State Statute into a �wo�rking document that the .
City can use to enforce the State.Statute. passed. in 1991. . : •
Ms. McPherson stated the petitioner � is requesting. that this . � �
� replacement plan be approved to allow the filling of� 2, 800 square � _
- . � feet of Type 4. wetland.� The replacement plan proposes to create. .
� 2 , 500 square feet of .Type 4� saetland. '. . � .
Ms. McPherson stated the petitioner has also applied for variances
�which will be heard by the Appeals Commission on May 24 , 1994 .
� Ms. McPherson stated the subject parcels are zoned R-1, . Single
Family Dwelling, as are the surrounding parcels. This particular
subject parcel has had a lengthy history regarding to the wetlands
l.ocated on it. The earliest documentation was in 1973 in which .
. . the property owner. .in developing the area requested that the `
� . . . . ;assessments �for. water.main, sanitary..sewer, and.; st�reet: construc�ion�,•. .. .; . �
� � be .r.educed� bn these particular�� lbt�'. �iue to "the. fact�� '�that� �tta.ey. �. .
� � � might not be buildable due to the presenee of �wetlands. � �
Ms. McPherson stated that in 1977 , the DNR declared that the
wetlands located on these , parcels and other parcels in the
Innsbruck area would fall under the DNR's jurisdiction and would
_ require permits from the DNR prior to development.
Ms. McPherson stated the remainder of the documentation occurred
in the late 1970s, predominately in 1977 and 1978 . In 1986, the
City issued a land alteration permit to Hearthstone Homes to fill
the properties from the front property lines to the drainage
easement located 20 and 40 feet from the westerly lot lines. In
reviewing the plans submitted by the petitioner, staff determined
that the filling did not occur to the extent that would have been
permitted under that land alteration permit. That land alteration
permit expired on December 31, 1986, and the City has not issued
any subsequent land alteration permits.
Ms. McPherson stated staff reviewed the aerial photos located at
the Municipal Center. In 1977 , the aerial photo showed that an
extensive Type 3 or 4 wetland was located on both 5470 and 5490
East Danube. The 1981 aerial showed that filling had occurred on
a small portion of the wetland on Lot 5 which is the northerly lot,
and in 1985, no further filling as compared to 1981 had occurred.
Ms. McPherson stated that in 1993 , staff inet with the petitioner
on site as a result from a complaint from a neighbor. The
petitioner was informed at that time that he would need to comply
with the 1991 Wetland Conservation Act prior to the issuance of a
building permit.
Ms. McPherson stated the petitioner is proposing to fill the lots
in order to construct single family dwellings on both Lot 5, 5490
East Danube Road, which was filled previously, and Lot 6, 5470 East
Danube Road. Lot 6 will receive the most impact for the wetlands.
(�` '_
,,> (
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 3. �
Ms. McPherson stated the petitioner � has 'submitted a Wetland • '
. _ Del�neation ::Plan as wel� as a Wetland. Re�lacement Plan. � „
Ms. McPherson� stated a Type 4 wetland . is located on the subject
parcel. Wetlands of �this particular type�are characterized by.open :
. w.ater with a, depth of 2-3 feet•. Vegetat�on assoeiated with this � ��
� :wetland includes.. cottonwood, bTack willow, dogwood, reed cana�y � �_
grass, and pinkweed..: This wetland. is also part of an overall .
drainage system for the neighborhood.
Ms. McPherson stated staff has determined that the subwatershed is �
defined by Matterhorn Drive on the west, Gardena Avenue on the
north, and I-694 on the south. Water flows west from the wetland
west of West Danube Road, under West Danube into the subject
wetland, and out of the wetland under East Danube Road into Farr
Lake: In addition�;. Farr Lake:.also receives storm water .from B�lack
Forrest Condominiums and .tYie. North I�nsbruc.k Townhomes. �.
Ms. McPherson stated that in the petitioner's wetland replacement
plan, staff reviewed the requirements of the 0-4 Wetland Overlay
District which has been adopted by the City" and which includes the
requirements of the State Statute. The petitioner is missing eight
items which are required as part of th2 submission of the wetland
�� replacement plan for the impacted wetland:
l. Wetland location with a public land survey coordinate of
the wetland center � � -
2 . The overall size of the wetland including that portion
not on the subject parcel
3 . The wetland type as defined by USFW Circular 39 and
National Wetland Inventory mapping conventions
4 . A soils map or soils information provided by soil borings
5. The size of the watershed draining into the wetland area
6 . Location of inlets and outlets
7 . A map or written description of the land use within one
mile of the watershed
8 . Evidence of ownership
Ms. McPherson stated staff inet with the Rice Creek Watershed
Administrator, Kate Drewry, on the site on May 10, 1994 . They were
able to speak with one of the neighbors at that time. The
Administrator supplied staff with a second delineation plan that
had be-en submitted by the petitioner in April 1993 . � The two
delineations did not match; and on May 11, 1994 , staff conferred
with the City' s consultant, Peterson Environmental Consulting to
do a visual site visit of the subject parcel to determine if the
13.44
. , (:{ �,��,
,
PLANNING COMMISSION MEETING MAY 18� 1994 ` PAGE 4 � �
delineation submitted by � the petitioner is accurate. The
. consultant confirmed that the delineation submitted by the
petitibner is accurate and would be acceptable as far as the� "
Statute and ordinance. � � �
• Ms. McPherson stated staf� reviewed the sequencing requirements of �
' the' wetlarid ' ordinance. .An� de�veloper wishing� to �fil�l� or dr��in a. � � .� �
wetlancl needs to go through five steps to.�minimize or avoid impact
to wetlands. The petitiorier did provide �three alternatives which
would avoid impact to the wetland:
1. Choose not tQ build on Lot 6.
2 . Construct a home on pilings on Lot 6.
3 . Build a smaller home on Lot 6.
Ms. McPhexson �stated the petitioner dismissed tlie first alternative
using the "takings" argument that he would not receive the ecoriomi�
return he intended to receive :when he first purcha.sed the property. .
The petitioner also indicated that there is an exemption in the
State Statute which applies to platted properties which have
improvements and/or infrastructure installed or having local site
plan approval, conditional use permits, or similar official
•� approval by a governing body or government agency.
Ms. McPherson stated that while this particular parcel does have
utilities stubbed to it and there is infrastructure which would
serve this particular lot, the petitioner did not apply for a
building permit or land alteration permit within the window that
is permitted in the State Statute which is from July l, 1986, to
January l, 1992 . Staff is reluctant to extend this window outside
the five year window defined in the Statute. �
Ms. McPherson stated the Board of Water and Soil Resources (BWSR) ,
the state agency that wrote the rules for the State Statute, would
have the regulatory authority to make the interpretation that this
parcel would be exempt from the State Statute based on that
particular exemption. Staff is taking the stand that the exemption
does not apply to this parcel.
Ms. McPherson stated the second alternative the petitioner
presented was to construct a dwelling on pilings. The petitioner
stated this would be a cost-prohibitive alternative and is not an
accepted way of constructing a dwelling unit. The petitioner did
not submit expert testimony from a structural engineer to support
the statements he made. The petitioner shouid submit such
information from a professional to support his argument.
Ms. McPherson stated that in the third alternative, the petitioner
stated that a smaller house would not fit into this particular
neighborhood nor would it meet the City's minimum house size
requirements of 1, 020 square feet. The petitioner stated that a
house size small enough to meet the setback requirements and to
' �� I�.�
PLANNING COMMISSION MEET�NG, MAY. .18, 1994 ' PAGE 5
. avoid. all wetland .impacts. would need to .be 15 feet by. 45 f�et, The ,
� petitione� is correct . that the house would not meet •the minimum
dwelling size; however, if a front yard variance was granted by the
. City, the petitioner cQu�.d construct a house pad of 30 feet by 50
feet which would eliminate most impact to the wetland and would �
, allow the petitioner to possibly fall under the 400 square foot
. exemption whi.ch is in the Stat�zte and the ordinance. � • . � � �
Ms. McPherson stated the pet.itioner also did not explore the use
of retaining �walls to reduce the amount of fill needed around the
dwelling unit along the rear and side walls.
Ms. McPherson stated that in terms of the wetland replacement plan,
the last item staff reviewed was the information submitted and the
replacement ratio proposed by the petitioner. The State Statute
and the local ordinance �require that replacement be at a minimum
rate of .two ac-res created wetland..for ev�ery one acre of wetland �
which is impacted: �. The� petitioner- - is � proposing a wetland �
repl_acement rate of less than l:�l if no setback variances :were.
granted by the City. If the setback variance is granted by the -
City, the petitioner could meet the 1: 1 ratio of one acre of
wetland created for every one acre impacted.
Ms. McPherson stated the petitioner also did not submit
_ approximately eleven items which are required as part of
identifying the replacement of wetland and also the monitoring plan
which is required to monitor the created wetland for a five year
period after the wetland is created.
Ms. McPherson stated that as the petitioner cannot meet the 2 : 1
ratio, the City cannot approve the replacement plan as the State
Statute and the local ordinance require a minimum replacement ratio
of 2 . 1.
Ms. McPherson �stated staff recommends that the Planning Commission
recommend denial of the replacement plan as it is proposed based
on two findings of fact:
l. Feasible and prudent alternatives exist which avoid
impacts to the wetlands (Section 205. 27 . 05. D. (3) ) .
2 . The proposed replacement ratio is less than the 2: 1 ratio
required by Statute and local ordinance (Section
205 . 27 . 10. D) .
Mr. Sielaff stated that the Environmental Quality and Energy
Commission reviewed this proposal at their meeting on May 17 , 1994 ,
and passed a resolution agreeing with staff's recommendation and
stipulations.
Mr. F�a�l Harstad stated that he is representing Harstad Companies.
He stated this is primarily a procedural matter. They are well
aware that they have not met the very stringent requirements of the
Wetland Conservation Act. They are asking for the Commission's
13.46
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 6
denial, and then the next step will be to appeal that denial to the
. State Board in the hope of receiving a very specific exemption in �
. the law. It� is regarding the .fact that� �tilities are stubbed to
. ' • : �he site, the lots are platted, etc.. ." � • - . � �
Mr. Harstad stated that in the event that they do not receive that
exemption, they would. then have to find feasibl.e and prudent �
alternatives as described by staff. �If they ' d�termine that a
smaller house .size as� suggested by staff .is not sufficient for
homes in this neighborhood, then they would challenge the law at
the state level.
Mr. Harstad stated that subsequent to the Wetland Replacement Plan,
he also sent a letter to Ms. McPherson dated April 29, 1994, in
which he requested a 15 foot setback variance for Lot 6 and a 10
foot setback variance for Lot 5. The purpose of this variance was
to� minimize the impact to the . wetland. He would still like to
� proceed .with the variance_ request. . I f .they receive the var�a�ice . �
as requested; they would be .reducing the fill area from.� 2; 500
square feet to �1,900 square feet. �
Mr. Harstad stated floor plans were submitted, along with the
Wetland Replacement Plan, one of which was designed in early 1986
that was to fit on Lot 5. The proposal by staff to build a two-
� story house should be considered, but it would probably be a two-
' story house without a basement, making it very difficult to sell
in Minnesota.
Mr. Newman stated he appreciated Mr. Harstad' s candor as to his
intent for this request; but if Mr. Harstad needs to build a record
for his appeal to BWSR, he is invited to take advantage of that
opportunity and supplement whatever information he has already
given the Commission and those in the audience.
Mr. Harstad stated staff has stated that there are a number of
items that were not included in their Wetland Replacement Plan.
They are aware of that and are � happy of the fact that the
Commission will deny the request because they are not meeting the
2 : 1 requirement. He would have a difficult time if the Commission
tabled this request until they were able to submit all those other
items. Some of those items are time-consuming and costly, and they
are not sure at this point that they will be required to submit
them prior to receiving a decision from BWSR. He stated he had no
further comments.
Mr. Bob Horeck, 5505 West Danube Road, stated he lives on Lot 9 ,
directly behind the stated lots. They built their house on this
lot in 1974 . At that time, they were promised that Lots 5 and 6
were unbuildable and were going to be declared as wetlands and were
going to be left as wetlands. He stated they purchased this lot
because they wanted to live by. the woods and they wanted privacy
which they have had for 20 years. They spent five years trying to
get Lots 5 and 6 declared as wetlands; and in 1991, they were
declared as wetlands. He stated nothing has really changed, except
. . ���!�^\. ��,
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 7
for the construction that was done by Harstad in 1992 .
. Approximately 20-25 truckloads of dirt were dumped primarily on Lot
� �5.
� Mr. Horeck stated they have the lowest lot in the neighborhood.
The road on .Lots 5 and 6 is roughly 10-15 feet higher than his back
yard. If those lots are' filled in, �all .the drainage has to come .
into his back yard. The soil "is solid clay, and clay does not.
absorb the moisture. � Since the fill� happened .in 1992, they have
had water problems. They have to run their sump pump constantly
to keep water out of the basement. Right now, the water is almost
at the highest it has been in years. By filling the back yard of
Lot 6, it would greatly jeopardize their property, and it would be
in direct disagreement with all the things they have been told in
the past. Wetlands should not be declared anything but wetlands.
. . Mr. Horee}c stated his recommendation is that the Planning
Commission not . take any � action or just table the discuss-ion and
�require Mr. Harstad to meet all the requirements. Quite frankl-y,
he would like to see this drag on for years.
Mr. Bryan Steppe, 5528 West Danube Road, stated these lots are
wetlands, and he is concerned about the drainage. Even if there
is some kind of wetland replacement, that doesn't mean the drainage
is going to work properly.
Ms. Sue Williams, 5568 West Danube Road, gave the Commission copies
of a letter she had written to Mr. Pete Fryer regarding further
development in this drainage area. She would like it included with
the record. She stated she purchased her lot in 1977 from Keith
and Diane Harstad. They told her that Lots 5 and 6 were wetlands.
Mr. Keith Harstad had to fill a little bit of the edge of the pond
to make her lot "build.able" . Mr. Keith Harstad is responsible for
the level of her basement. He, along with the Fridley City
Engineer, assured her that the drainage areas of the pond were not
that big and that even with a 100 year rain, the water would not
come into her basement as long as the drainage area was maintained.
Ms. Williams stated her basement has already been jeopardized, and
filling Lot 6 will further seal her doom when the next 100 year
rain comes. She hoped the City would feel responsible if she sues
the City for a wet basement, because that is what she will do. She
will also get the names of everybody involved and make a civil suit
for everyone who makes such a decision. It is just criminal that
the Harstad Company appears to be able to do whatever they want to
do. The Harstads om' sed that these lots would remain wetlands,
pr i
and she is tired of all these broken promises. She would
appreciate it if the City would not let them do everything they
want to do anytime they want to do it.
Mr. Nor-man �Nault, 5535 West Danube Road, stated that in -1992 , the
Harstads did fill quite a bit in the lot behind him. Prior to that
time, they never had any water problems in the back yard. Two
weeks ago when there was a heavy rain, the water was about 10 feet
13.48
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 8
from his walkout. The Harstads promised these lots were going� to
be wetlands. � The Harstads have, not paid taxes on these lots,
because they wer� declared wetlands, and now they �ant to develop
, � � them. The Harstads want a de�niaY so �they can appeal it, so they
can find a sympathetic body. And, if they get� the variance, they
will not even have to fill Lot 6. Some unsuspecting soul will buy
a great house in a great neighborhood, and then later they will_ .
realize the problems when they try to sell i�.
Ms. Darlene Blank, 5544 East Danube Road, stated her family moyed
here in August 1993 . Their lot sits right on the wetland, which
is a home to all kinds of animals, ducks, birds, frogs, etc. They
wanted to 1 ive in a community that was 1 ike 1 iving in the outdoors.
Her youngest son is an avid hockey player and has enjoyed skating
on this wetland in the wintertime. She would hate to see this area
� wh.ich is now being used by children and being appreciated by the
. neighbo�s developed because someone. wants to make a profit off the
land. . - .
Mr. Tom Fisher, 5477 East Danube Road, stated he lives directly
across East Danube Road from Lot 6. The Harstads received a permit
to fill this lot in 1986. He stated that regarding the filling in
1992 , he called the City at least twice and someone from the City
came out and he showed them where the fill was taking place. He
- watched the trucks dump on that lot. He complained to Mr. Harstad.
� Subsequent to that, additional dumping was done so that they now
have mounds of dirt piled on the lot.=-. He called the City again and
asked for someone to come out and look at the lot. He was told by
, a City_ staff person that the Harstads could not overfill the lot
and just leave piles of dirt there and that the piles would have
to be removed. He stated nothing has been removed, and the piles
of dirt are overgrown with weeds. He would like to know who gave
the Harstads permission to fill in 1992 . If no one did, then
should the Commission be listening to representation from Mr.
Harstad?
Mr. Fisher stated the people represented at the meeting were told
by Mr. Keith Harstad that these lots were wetlands and would never
be built on. He purchased his lot from a previous owner and built
his house in 1977 after being assured by Mr. Harstad that the lots
across the street would always be wetlands and were unbuildable.
It is hard for the neighbors to believe that the Harstads are being
harmed when the neighbors were told by the Harstads that they did
not plan to build on these lots.
Mr. Fisher reviewed the drainage from the wetlands under East
Danube Road between his house and the house to the north to Farr
Lake. The outlet does not outlet into Farr Lake. Surrounding Farr
Lake is a walking path. The outlet is about 15-20 feet short of
the walking path which makes the water dump into his back yard.
He buil-t a berm around his back yard so there is a kind of wetland
area that surrounds his back yard and fills up from this pond.
When it fills sufficiently, the water begins to dribble across the
path into Farr Lake. The problem is that in a 100 year rain or
, • (� �'�
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 9
� even before that, Farr Lake does not drain out as fast�as it clrains
in, and the water starts backing up into. hi"s back yard.� If the �
pond is made smaller and even if they� let it drain, all he is �going
to �get is more water in his back yard. And, if Farr Lake is not �
draining, then he has a serious water problem.
Mr. Fisher stated that prior to 1992 , he had a sump in his basement
with no pump and never had any water in the sump. Since. the fill -
was dumped in 1992, he has to take bucketloads of water out of his
sump all the time. He can only see more problems if more fill is
allowed in this area.
Mr. Fisher stated he is asking the Planning Commission and the City
Council to consider one other serious point. Do they make good Mr.
Harstad's expectation tl�at he can build on this lot to the
detriment of al1 the neighbors surrounding the. property, or do they
consider the.citizens �who live here arid had certain representations
made to them by the Harstads? Who has the rights here, and where
are the City' s liabilities? It may be a catch-22 for the City, but
he believed the City has some liabilities they need to seriously
consider.
Mr. Newman asked Mr. Fisher to check his notes to see if he could
find the name of the City staff person he talked to in 1992 and
notify Ms. McPherson. �
Mr. Fisher submitted a letter dated May 18, 1994, which he wrote
to the Planning Commission which reiterated some of the things he
has been talking about.
Mr. Roman Zawnirowycz, 5527 East Danube Road, stated he lives
across from Lot 5. He moved there in 1986, and he has not had any
contact with any of the Harstads. Within a year of 19.86, a large
area in Lot 5 was dug out as if a house was going up, and then the
entire area was filled in. Since that time, mounds of dirt have
been dumped on the lot. He submitted some photos for the record.
He stated this is a beautiful area, and all the neighbors want it
to remain that way. They are all concerned, not only about the
beauty of the area, but about the drainage problems which were not
really addressed in the staff report.
Mr. Zawnirowycz stated he also started having water problems in
his basement about 1992 . He has records of people he has hired to
fix water drainage problems. The drainage problems seem to come
from the overflow from the area across the road. When it rains
hard, the water level rises and floods all the back yards on his
side of the street where Farr Lake is located.
Ms. Pat Freeburg, 5557 East Danube Road, stated she also started
having water problems in her basement when the lot was filled in
1992 . - Last week she had a tree replaced and when they �dug down,
they could see water. Because of the fill in 1992 , it diverted
the natural drainage and it is now coming under East Danube Road,
seeping through the lots.
13.50
• • �' r��^�� - . .
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 10
. Ms. Freeburg stated she is also concerned with setting up two
wetland areas that. are smaller than the existing wetland. The area
now supports a certain amount of wildlife. If that wetland is cut
into two smaller wetlands, ignoring all �drainage problems that
would be created, they will have defeated the purpose of having the
natural wetland area.
Mr. Boyd Herdendorf, 5467 East Danube: Road, asked if the Department
of Natural Resources has done any evaluation of the effects of
filling wetlands on Farr Lake or if there are plans for such a
study. If not, he would suggest that a study be done. The wetland
performs an important filtration system. If the wetlands are
filled in, the water will run directly into Farr Lake carrying
heavy sediment and debris that would come through any culvert
system and it would tend to pollute Farr Lake quicker. He believed �
there might be some environmental impact on Farr Lake because of
this. � . � . �
Mr. Norman Nault, 5535 West Danube Road, stated that if it appears
that Lot 6 was filled in 1992 with no permits from the City, can
some action be taken against the Harstads?
Ms. McPherson stated that if the City finds that filling was
- conducted illegally, the City can require the person responsible
� to remove the illegal fill.
Mr. Bob Horeck, 5505 West Danube Road, stated that about four years
ago, he received a variance from the City to enlarge a deck on the
back of his house which brought it next to the culvert that runs
between Lots 5 and 6. The culvert actually comes out at. the back
of his garage which is about 70-80 feet from the road and runs for
another 70 feet through the back yard as drainage into the pond.
When applying for the variance, he was informed by the City that
there would be no construction through the back involving the
culvert and it would remain that way. If any of Lot 5 and 6 is
filled further, it will require that the culvert that drains
between Lot 5 and Lot 6 over to Farr Lake be connected to the
culvert that goes across West Danube. Such construction would
require coming between him and his neighbor such that it would
require tearing down his deck.
Mr. Roger Hertel, 5501 West Danube Road, stated he did not
understand why a variance is even under consideration. The
Harstads have not been good neighbors. He built here in 1977 and
it was also represented to him that Lots 5 and 6 would remain
wetlands.
Mr. Newman stated that by ordinance and by law, any property owner
can make a petition to the City as long as the appropriate forms
are fi�led out and the fees paid. �
Mr. Newman stated the people in the audience have made some very
useful observations and provided some very helpful information to
��-'
. _ �'°':;, ,:
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 11
the Commission. He stated that regarding promises made to them by
the Harstad Company, the City has to be very careful in making its
� decisions that it is not trying to enforce private agreements made
between private parties. While it is certainly useful information,
to the extent that there are claims by the buyers against the
Harstad Company because of certain representations, those concerns
might have to be addressed privately and not through the City.
Mr. Tom Fisher, 5477 East Danube. Road, stated he believed these
comments are being offered as to the credibility of the person the
City is dealing with.
Ms. Darlene Blank, 5544 East Danube Road, stated she would like to
see this item tabled indefinitely until Mr. Harstad can get all the
required information.
MOTION by Mr. Saba, seconded by Ms. Savage, to receive into the
record the following: (1) Letter from Sue Williams dated �June 3 ,
1993 , to Mr. Pete Fryer; (2) Letter from C. Tom Fisher dated May
18, 1994, to the City of Fridley Planning Commission; and (3) 19
photos.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public
hearing.
UP�N A VOICE VOTE, ALL VOTING AYE, C�iAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M.
Mr. Oquist asked what would happen if the Commission tables this
item and the petitioner then satisfies the• eleven items that are
required.
Ms. McPherson stated the petitioner's application would then be
complete in terms of ineeting the separate requirements of the
requirements that need to be submitted for the wetland delineation
of the impacted wetlands, as well as the replacement plan and
replacement of wetlands and the monitoring plan which is a five
year plan which must be submitted by the petitioner.
Ms. McPherson stated that regarding the public' s request to table
this item indefinitely, under State Statute and local ordinance,
the City must make a decision on this request within 60 days from
the date of public hearing publication in the Focus News. That
publication date was May 10, 1994.
Mr. Sielaff stated that if BWSR grants an exemption, where does
that put the City as far as denial or approval.
Ms. McPherson stated that if BWSR grants an exemption from the
State Statute, Mr. Harstad would not have to replace any impacted
wetland. As far as the City is concerned, the petitioner would
13.52
� < <--��:�.� �'; .
F
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 12
have to comply with the land alteration permits and get a permit �
from the Rice Creek Watershed District. The City or the adjacent .
property owners could appeal BWSR's decision (a petition of 100
names is required) to the District Court.
Ms. McPherson stated that under State Statute, any decision
regarding any wetland replacement plan is not enacted until 30 days
after the date the decision is published in the Environmental
Quality Board Monitor, and that decision is mailed to certain state
and local departments and anyone on the mailing list who requests
notification of said decision.
Ms. McPherson stated that any residents who want to be informed
about the action taken by BWSR should contact her and she will
forward that list to BWSR.
Mr. Oquist stated �hat City ordinance states that any development
cannot create any more water runoff after the development than
before the development. How does the ordinance affect this
request, because any fill is going to cause more runoff?
Ms. McPherson stated that portion of the ordinance would be
reviewed during the building permit application process.
Mr. Oquist stated it sounds like the Harstads brought in fill
�� illegally on Lot 5. Until that has been investigated and
corrected, Mr. Harstad should not be allowed to proceed any
further.
Ms. McPherson stated the City does not have any formal record of
any application made for a land alteration permit for Lot 5. The
City received a complaint saying that there was filling on Lot 5.
When staff inet with the petitioner on site, there was not any
evidence of new fill being placed on the lot. At that time, the
petitioner was informed that he would need to comply with the 1991
Wetland Conservation Act. She stated she was one of the staff
members who visited the site in 1993 after receiving complaints
from a neighbor. At that time, she made a note to the Building
Inspection Department that no permits would be issued for these
particular parcels.
Mr. Saba stated that over many years, they have all learned a lot
about the quality of wetlands. He believed the ordinance the City
has adopted is a good one and will serve the City well . He would
like to see Wetland Replacement Plan, WR #94-01, strongly denied
based on the City's wetland ordinance and testimony received at
this 'meeting. He did not think tabling this request for two months
would accomplish anything.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City
Council denial of Wetland Replacement Plan, WR #94-01, by Paul
Harstad based on the City's O-4 wetland regulations and the
following findings of fact:
� ' � { �--'
� (.
�
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 13
l . Feasible and prudent alternatives exist which avoid
impacts to the wet_lands (Section 205. 27 . 05. D. (3) ) .
2 . The proposed r.eplacement ratio is less than the 2 : 1 ratio
required by Section 205. 27. 10.D.
3 The Wetland Replacement Plan application is incomplete.
Ms. Modig stated that in her opinion, the petitioner has set up
the Commission to -deny this request, so that he can appeal and
override the City's decision. The neighborhood clearly does not
want this. She will only vote to table the request.
MOTION by Ms. Modig to table Wetland Replacement Plan, WR #94-01,
by Paul Harstad.
MOTION DIED FOR LACR OF A SECOND.
Mr. Oquist stated he agreed with Ms. Modig that they have been set
up. After hearing the neighborhood's testimony, he did not see
this company as a good neighbor. Unfortunately, the City's hands
are tied. If the Commission tables the request, they have to act
on it in 60 days, so their only option is to deny the request. He
stated the 1992 filling of Lot 5 has to be investigated and
- addressed as there seems to be a real violation there.
Ms. Savage stated the Commission really has no other option but to
deny the request. Tabling the request is just delaying the
inevitable, and they have to let the process move forward. It is
pretty clear that an adequate record has been made, so they should
let the process take its course.
Mr. Saba stated that if the community is informed about the BWSR
hearing, he would encourage the neighbors to repeat their testimony
at that hearing.
A neighbor recommended that the City use the same mailing list of
residents within 350 feet to notify them of the BWSR hearing.
Mr. Sielaff stated the Commission needs to send a strong message
that the Commission supports the City's wetland ordinance. Tabling
the request might make the Commission look hesitant, and he did
not want anyone to have that perception at all.
Ms. Modig stated her motion to table the request was not to say
that she did not strongly support the wetland ordinance. The
reason she made the motion to table was to try to make the
petitioner submit �the 11 items missing from the wetland replacement
plan.
UPON A- VOICE VOTE, MODIG VOTING NAY, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED.
13.54
r-. .
r � � - . �° - - . . .
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 14
Ms. McPherson stated this item will go to the City Council on June
20, 1994 .
MOTION by Mr. Oquist, seconded by Ms. Modig, to ask City staff and
the City Council to investigate the improper filling of Lot 5 in
1992 .
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Mr. Newman stated staff has recommended that the next three public
hearings be consolidated into one to alleviate confusion during the
public discussion.
2 . CONSIDERATION OF A PRELIMINARY PLAT P.S. 94-04 BY FO EST
HARSTAD OF TWIN CITY TOWNHOMES:
To replat Lat 6, except the East 650 feet thereof a except
that part lying West of the Northeasterly right-o -way line
of the Outer Drive of the State Trunk Highwa , Auditor's
Subdivision No. 25, Section 24, Township 30 N th, Range 24
West, Anoka County, Minnesota, and Lot 7, exc t the East 650
feet thereof and except that part thereof ing West of the
Northeast right-of-way line of the Outer D ive of State Trunk
Highway and except the South 55 feet of, he West 150 feet of
_ the East 800 feet thereof, Auditor' Subdivision No. 25,
� Section 24, Township 30 North, Range 24 West, Anoka County,
Minnesota, and Lot 8, except the st 800 feet thereof and
except that part thereof lying est of the Northeasterly
right-of-way line of the Outer D ive of State Trunk Highway,
Auditor's Subdivision No. 25. This property is generally
located at 971 Hillwind Road .E.
3 . CONSIDERATION OF A VACATI RE UEST SAV 94-02 BY FORREST
HARSTAD OF TWIN CITY TO OMES:
To vacate that part o Lots 6, 7, and 8, all in Auditor's
Subdivision No. 25 an lying in the Southwest Quarter of the
Northeast Quarter o the Southwest Quarter of Section 24 ,
Township 30, Range 24 , Anoka County, Minnesota described as
lying between the following described LINE 1 and a line 40. 00
feet northeast ly of and parallel with the following
described LIN 3 . LINE 1 is described as commencing at a
point on the ast line of Section 24, Township 30 North, Range
24 West, d' tant 181. 30 feet north of the southeast corner
thereof; ence run northwesterly at an angle of 78 degrees
39 minut 45 seconds from said east section line (as measured
from no h to west) a distance of 4081. 10 feet; thence deflect
to the right at an angle of 90 degrees 00 minutes OO seconds
a distance of 244 . 00 feet to the point of beginning of LINE
2 to be described; thence deflect to the left at an angle of
90 egrees 00 minutes 00 seconds a distance of 278 . 65 feet;
t nce deflect to the right at an angle of 25 degrees 44
nutes 00 seconds a distance of 980. 13 feet and said LINE 2
here terminating; thence continuing northeasterly from the
point of termination of said LINE 2 at an angle of 90 degrees
(- F.``
06/03/93 �
Mr. Pete Fryer
Montgomery Watson
545 Indian MOund
Wayzata, MN 55391
Dear Mr. Fryer,
It is my understanding that you will be involved in the approval process for permitting filling
of a wetland on East Danube Road in Fridley, where Mr. Paul? Harstad would like to develop
more lots for home construction. I would like to provide input against further development in
this drainage area.
In 1977, I purchased a lot bordering the next pond up stream from the one Mr. Harstad now
wants to fill, from Keith and Diane Harstad. My lot required fill in order to make it
"buildable", which Mr. Harstad did per the purchase agreement. Naturally, Mr. Harstad filled
the lot with the least amount of earth possible to qualify it as "buildable". As a result, my
house is the lowest on the series of drainage ponds bordering West Danube Road and East
Danube Road. This leaves my family with the highest risk of a flooded walkout level.
Of course, the city of Fridley had to approve the location of my foundation. Under direct
questioning, the city engineer declared the lot and foundation "high enough to avoid flooding
for 100 years", as long as the drainage system remained intact. He assured me that the city
would ensure that development would never be allowed that would jeopardize existing
.- properties via alteration of the drainage system. He also explained how my pond drained into
the next and so on to Farr Lake, which drains somewhere else. Each pond must be left large
enough to be a basin for local runoff, in addition to accepting the flow from the next higher
pond as its water level reaches the overflow pipe. I feel at risk from the filling done already
on East Danube Road by the Harstads, and believe that further filling only increases the risk.
Several years ago there was a series of rains which raised the water level in my pond so that it
overflowed up onto the lawn. Another six inches of water and it would have been in the
family room. This suggests to me at least that there is very little margin for error in the
decision process on filling the pond on East Danube. I am very concerned that public officials
might choose to take a chance on this issue, under pressure from the Harstads, and I will
sooner or later be alone in suffering the consequences. My concern is so high that I would sell
my house before the probable flood except that my family and I truly love it here; having done
a lot of the building ourselves, we have a very personal commitment to it as "home".
It may be irrelevant now, but the earliest residents of this neighborhood claim to have been
assured by the Harstad agents that these ponds would never be filled in for housing. Many
thought they were buying into a "nature area" where the ponds would be left wild. Needless
to say, greed has won out every time so far. Dare I hope this is not another chapter of the
same old story? '
Thank you sincerely for your consideration of my input on this matter.
Very truly yours,
Sue Williams
13.37
�
f.�:�
u'
S
TAFF REP O RT
� Community Development Department
Appeals Coiiiinission Date
Planning Coi�iinission Date = May 18, 1994
City Council Date : June 20, 1994
APPLICATION NUMBER:
WR #94-01
PETITIONER•
Paul Harstad for Keith Harstad, owner
LOCATION•
5470 and 5490 East Danube Road N.E.
REQUEST• �
The petitioner requests that a wetland replacement plan be
approved to allow the filling of 2, 800 square feet of Type 4
_ wetland. The replacement plan proposes to create 2 , 500 square
� feet of Type 4 wetland on site.
The petitioner has also applied for a variance to reduce the
front yard setbacks on both parcels to reduce the impact to the
wetland. The Appeals Commission will review the variance request
at its May 24 , 1994 meeting.
BACKGROUND-
The history regarding the wetland on the subject parcel is
lengthy:
* February 23 , 1973 ; letter from James London to Nasim Qureshi
confirming that the subject parcel would be exempt from
water main, sanitary sewer and street assessments.
* June 13 1977 ; the DNR declares that the wetlands located in I
Innsbruck North 2nd Addition fall under its jurisdiction. '
* September 7 , 1977 ; Keith Harstad requests a meeting in order
to resolve the issues regarding the DNR jurisdiction.
* September 19 , 1977 ; the DNR clarifies its position regarding
its authority over the lots in question. The City is to
inform any builder that it is their responsibility to obtain
all necessary permits.
, ' - (�:......,. �>.."i:::rid .
Paul Harstad
WR #94-01
Page 2
* November 14 , 1977 ; area residents attempt to obtain support
,. from the Commissioner of Natural Resources to reconsider the
DNR's position.
* December 16, 1977 ; letter from the DNR stating that Mr.
Harstad has not made permit application.
* January 9 , 1978; discussion at the City Council meeting
determined that the City Council would notify the DNR
regarding building permit applications on lots affected by
DNR protected wetlands.
* July 18, 1978 ; discussion at the Environmental Commission
regarding a moratorium on the filling of the lots in
Innsbruck and the forming of a study group on water quality.
* August 1, 1978 ; staff notified "owner" to cease illegal
dumping on the subject parcel.
* August 7, 1978; discussion at the City Council regarding .the
Commission's action. The City Council directed staff to
.� stop any illegal dumping which was occurring, and to work up
costs to acquire the vacant property in the area. Estimated
cost to benefitting owners was $4 , 445. 00 (total cost of
�� 40, 000 for both lots) .
�.,
* The City issued a land alteration permit to Hearthstone
Homes in 1986 to fill the property from the lot line to the
drainage easement. Filling did not occur to the extent the
permit allowed. The permit expired on December 31, 1986.
No subsequent permits have been issued.
* The 1977 aerial photo showed that an extensive Type 3 or 4
wetland was located on the property.
* The 1981 aerial showed that filling had occurred on a small
portion of the wetland on Lot 5.
* The 1985 aerial showed that no further filling had occurred.
* In 1993 , staff inet with the petitioner on site as a result
from a neighborhood complaint regarding possible illegal
fillin . The etitioner was informed
that he would need to
g p the
com 1 with the 1991 Wetland Conservation Act prior to
P Y
issuance of a building permit.
13.3
. � � __ ��.,
Paul Harstad
� WR #94-01
Pa e 3
g
ANALYSIS•
Request
The petitioner is proposing to construct single family dwellings
on both Lot 5 (5490 East Danube) and Lot 6 (5470 East Danube, the
subject parcel) . The lots were platted in 1976. Both lots are
vacant and are zoned R-1, Single Family Dwelling. The lots meet
the minimum lot area requirements.
Located on Lot 6 is a Type 4 wetland. Wetlands of this type are
characterized by open water with a depth of 2 to 3 feet.
Vegetation associated with the wetland includes cottonwood, black
willow, dogwood, reed canary grass, and pinkweed. This wetland
is part of the overall drainage system in the *�eig�borhood.
Neiqhborhood Drainage
The wetland on the subject parcel receives storm water from a
portion of the subwatershed defined by Matterhorn Drive on the
.� west, Gardena Avenue on the north, and I-694 on the south (see
enclosed map entitled "sub watershed") . Water from west of West
Danube Road enters the west side of the wetland north of the
subject parcels. It is then discharged on the east side of the
wetland through a pipe under East Danube Road and flows into Farr
Lake. Water from north of North Innsbruck Drive and from
Innsbruck Townhomes to the east also flows into Farr Lake.
Wetland Replacement Plan
Wetland Delineation
The petitioner has submitted a grading plan showing the extent of
the wetland. A narrative description was also submitted as part
of the delineation. However, a number of items are missing which
are required to be submitted as part of the delineation:
l. Wetland location with a public land survey coordinate of the
wetland center.
2 . The overall size of the wetland, including that portion not
on the subject parcel.
3 . The wetland type as defined by USFW Circular 39 and National
Wetland Inventory mapping conventions.
4 . A soils map or soils information provided by soil borings.
5. The size of the watershed draining into the wetland area.
13.4
;�'
' , ����v� �.
Paul Harstad
WR #94-01
Page 4
6. Location of inlets and outlets.
7 . A map or written description of the land use within one mile
of the watershed.
8 . Evidence of ownership.
Staff inet with Kate Drewry, Rice Creek Watershed Administrator on
site May 10, 1994 . 5he supplied staff with the original
delineation submitted by the petitioner in April 1993. The
current delineation does not extend the wetland boundary to the
same limits as the 1993 delineation. An additional site visit by
the City's consultant, on May 11, 1994, confirmed the current
delineation as accurate, however, the change in delineations
shouTd be explained by the petitioner. Further evidence
supporting the current delineation as identified above should be
provided by the petitioner.
Sequencinq
.� The petitioner has provided three alternatives to avoid impact to
the wetland: �
l. Choose not to build on Lot 6.
2 . Construct a home on pilings on Lot 6.
3 . Build a smaller home on Lot 6.
The petitioner dismisses Alternative #1 using the takings
argument. This is based on the reason that the lot was platted
as a "buildable" lot; and by the City's plat approval, permission
was granted to build on the lot. The petitioner has also
indicated that exemption 24 from the State Statute applies in
this case. Exemption 24 states:
Development projects and ditch improvement projects in the
state that have received preliminary or final plat approval,
or infrastructure that has been installed, or having local
site plan approval, conditional use permits, or similar
official approval by a governing body or government agency,
within the dates of July l, 1986 and January l, 1992 are
exempt.
While the City approved the plat in 1976, no work occurred on the
subject parcel within the time frame specified, with the
exception of the land alteration permit issued May 1986. The
land alteration permit was not fully executed by the applicant
13.5
, ' �_ ,
. . ��
Paul Harstad
WR #94-01
Page 5
and expired December 31, 1986. No further permits were applied
for or issued for the subject parcel. While utilities were
stubbed to the parcel at the time of platting, staff is reluctant
to broaden the interpretation of the exemption outside of the
years stated in the statutes. The Board of Water and Soil
resources has the regulatory authority to make that
inter retation. The O-4 District ado ts b reference all arts
p P Y P
of the Wetland Conservation Act and its Administrative Rules.
, The etitioner does not rovide ex ert testimon from a
P P P Y
registered structural engineer to support the statements
I� dismissing Alternative #2 . Information from such a professional
should be submitted as part of the plan.
The petitioner has argued in Alternative #3 that a house small
enough to avoid all impacts at the required setback would need to
be 15 x 45 feet. The petitioner is correct in stating that this
size house would not meet the minimum dwelling size of 1, 020
square feet. However, if a front yard variance were granted from
35 feet to 20 feet, a house pad of 30 x 50 feet could be
,� constructed. This would allow a dwelling unit of 1,020 square
feet and a garage of 576 square feet. A second story could be
placed on the house, bringing the total amount of livable square
feet to approximately 2 , 500. This is close to the size dwelling
being proposed by the petitioner and is similar to other homes in
the neighborhood. In addition, this alternative would eliminate
the need for most wetland impacts. The petitioner could possibly
qualify for the exemption allowing the filling of up to 400
square feet per year.
The petitioner also did not e�lore the use of retaining walls to
reduce the amount of fill needed around the dwelling unit.
Replacement Ratio
The petitioner has proposed to mitigate the wetland impact on
site using both Lot 5 and Lot 6. However, the rate of
replacement is at or below 1: 1. If no setback variances are
granted, the ratio is less than l: l.
As with the wetland delineation, information required by the O-4
regulations is missing from the replacement plan:
l. Wetland location.
2 . Size of wetland.
3 . Items 1-8 listed under the delineation section above.
13.6
, / \ �;
� i t.
Paul Harstad
WR #94-01
Page 6
4 . A description of the size and type of wetland that will be
created as a result of the replacement plan.
5. Plan and profile views of the replacement wetland with fixed
photo reference points for monitoring.
6. Type of construction methods to be used, including the best
managements practices to protect water quality.
7 . Soils information required to determine the capability of
the site to support wetland creation.
8. Timetable of how and when implementation will occur and be
completed. _
9. The Board of Water and Soil Resources notice to be recorded
against the property.
10. A signed statement regarding the wetland's previous
restoration and/or creation, the relationship of exemptions
- to the created wetland, and that the wetland will not be
created with public funds.
11. A detailed monitoring plan, including proposed dates and
activities to occur on those dates.
As discussed earlier, a question remains as to whether the
delineation is accurate. If the delineation is not accurate, the
replacement plan would not be applicable.
The petitioner has stated that the 1: 1 ratio is acceptable
because application for wetland impact was made to the Watershed
District under the Interim Program. In addition, the Watershed
District would have required the approval and permit issuance to
occur prior to the start of the Permanent Program on January 1,
1994 . The petitioner, therefore, is required to comply with the
Permanent Program and the O-4 regulations. The City cannot
approve a replacement plan with a ratio of less than 2 : 1.
RECOMMENDATION/STIPULATIONS:
Staff recommends that the Planning Commission recommend denial of
the replacement plan as proposed based on the following findings
of fact:
l. Feasible and prudent alternatives exist which avoid impacts
to the wetlands (Section 205. 27 . 05.D. (3) ) .
13.7 �
r � � •� / '� ��:�.1.'iw+a
�
Paul Harstad
WR #94-01 •
. Page 7
2 . The proposed replacement ratio is less than the 2: 1 ratio
required by Section 205. 27. 10.D.
PLANNING COMMISSION ACTION
The Planning Commission voted 5: 1 to recommend that the City
Council deny the replacement plan. The Commission also voted to
add a third finding:
3 . The petitioner failed to submit the information required by
statute and ordinance.
The Commission also directed staff to investigate the illegal
dumping which allegedly occurred in 1992 and determine what legal
action could be taken.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
13.8
,--,. -_
r �=�.
C. TOM FISHER
5477 E . Danube Ra r;
Fridley, MN 55432 ' '
_ �,' _
�.•��
� r
May 18 , 1994 �
�- �
City of Fridiey
Fridley Planning Commission
6431 University Ave
Fridley, MN 55432
Re : Wetland Replacemer_'t Plan WR #9?-0;
Dear Sirs :
I have received notice of a nearing this date regarding the above
matter . In addition to my personal appearance at this meeting I
wish to submit to you this letter sett�ng forth my objectzons ar_d
cancerns to the proposed plan i . e . the filling of wetland area
. (not to be confused with the developers request for a variance to
whicn I nave separate ob;ections ) . I live directly across the
street from the proposed lot alteration.
� My objections cover three main areas :
� . My percention that iilling tnis wetland area will materially
affect the drainage and water table on and around my property and
as a result may cause potential physical damage to my structure
as well as lost property value.
2 . The removal of a wetland area and the wildlife that inhabits
the area .
3 . The fact tnat , in the past , I nave found representations
ma�e by the developer and the City , for that matter , to be
ur_reiiabie based on my �ersona: exaerier.ce . I personally do not
trust the �evelo�er to adhere to restrictions that may be Alaced
u�on him py tne City ar.d I doubt the City ' s resolve to enforce
tnose restrictions .
DRAINAGE AND WATER TABLE PROBLEMS
As you should know the pond or wetland area in questions
currently drains the surrounding area . An inlet pipe is located
on the north znd of the pond . An outlet culvert runs from the
pond, under East Danube Rd and along my northerly property line
to dump into an area behind my house and short of Farr Lake . The
water from this pon� drainage remains on my property in the rear
unless there is enough excess water to cause it to flow across
13.34
(�� �'
��:�
��:��
the footpath and into Farr Lake .
The pond 'noids a considera7ie amount of water itseiz prior to
it ' s rising to the level whereby it drains toward my property .
Filling part of the pond will reduce it ' s holding capacity and
result in more drainage toward Farr lake and onto my property .
The result is to have the excess pond water sitting behind and on
my property on a more consistent basis . During times of heavy
rain, I experience pressure on my basement area from water which
drains into my sump. Much of this is probably due to the slow
rate of runoff into Farr Lake . Fi� ling this pond partially will
cause this problem to occur in dryer times and increase the
� problem in wetter times .
In addition in wetter times , Farr Lake has risen to and above
it ' s banks because of slow dra�nage causing the water behind my
house to stand because of the� high level of Farr Lake. The result
of filling the pond in part or whole is to increase tne flow of
' water toward my home because of the pond' s now reduced holdinq
capacity. If Farr Lake is full this situation will materially
increase the potential for damage to my property by backing water
now in the pond into my backyard and potentially into my lower
level .
.' I feel it is tne City ' s responsibility to me to protect my
situation as a consi�erabie taxpayer over many years as much as
it is your responsibility to allow someone to develop nis
property . I am mindful that conflicts of property interests can
be settled in the courts and that the City can be held libel for
actions that cause damage to my property. I am to1_d that Mr . Farr
would like you to buy his land if you don ' t want to aliow him to
go ahead. In all seriousness , I request that you buy my house if
you allow him to fill the pond and accept the responsibility
yourselves for the poter_tial c.amage to my pro�erty .
WETLAND HABITAT:
I think enough has been written about the value of wetlands and
the environmer_t that I need no't bore you with this arguments
again.
RELIABILITY OF DEVELOPER:
I built my home in 1977 . At that time the proaerty I believe was
purchased from Keith Harstad by my bui?der . My builder told me
that the pond could r.ot be built upon as it was a designated
wetiand area . In addition I asked Harstad himself about tnese
lots when I purchased a lot from nim on West Danube Rd . Harstad
told me the lots ir. question could not be developed. He also told
me that the West Danube lot I purchased would accommodate any
house I wished to build . Wnen I provided my plans to him, he
informed me that only a nouse of his design could be built on the
lot and not the type I had designed. He did refund my purchase
mone . I built instead on the East Danube lot ? now occu
Y PY
13.35
t:,- �',�.,<,
relying on the representations that the lots across the street
coul� not be developed as I could see the potential drainage
problem.
Two or three years ago, the present developer or Keith Harstad,
or both began to fill the lots in question and reduce the size of
the pond ( Since that time I have devel�ped water in my sump area
which I never had before) . I complained to the city and they said
that Harstad (Keith or Paul ) had been given a permit to do a
limited fillinq of the area . When the inspectors came out they
told me that Harstad had overfilled the area. Thereafter I
followed dump trucks from a nearby Harstad development and
watched them dump excess fill on top of the fill already placed
on the lot , resu� ting in mounds of dirt , unsightly and full of
rock, concrete and building material . I complained again to the
City and I was told the fill would have to be removed. Paul
Harstad met with me and told me that he had not dumped the fill
but it had been dumped by a maverick hauler. I , however , had
followed the trucks from another Harstad development . The mounds
of dirt have never been removed as the City said they would be.
The lot is mowed about twice a year and is generally unkept .
Needless to say I have lost a lot of faith in representations
made by the parties in this matter .
,� SUMMARY
Since I already have been notified of a hearing about a proposed
variance for these lots , it is little wonder that I have the
suspicion that whatever I and others say here is only window
dressing and your decision has already been made . Therefore in
the eventuality tnat you decide to grant the request to fill part
of the pond, I request that you provide me with information on
the next steps available to me to appeal your decision. I request
this information in a timely fashion as I fully intend to pursue
whatever procedures are available to me .
Yours ly ,
/ A
� ` �.�'_�_
�C. Fisher
13.36
.> _' f�' �,,
l
May 18, 1994
� Mr. Paul W. Harstad
�
M���� Harstad Companies
� 2191 Silver Lake Road
W3tel'&SOiI New Brighton, MN 55112
Resources
Dear Mr. Hazstad:
Southbridge Office Building In response to your letter dated May 11, 1994 (see attachment) I offer the following
155 S.Wabasha Street specific comments and answers to your questions after making one general sfatement:
Suite 104
St.Pau�,MN 55107 �e local government unit (LGLn, in this case the city of Fridley, makes Wetland
(612)296-3�67 Conservation Act (WCA) decisions about individual replacement plans and exemption
Fax(612)297-5615 determinations.
Fleld Offices Responses to your questions as numbered:
Northern Region: 1.� �mption#24 may or may not apply. It is up to the LGU to view the evidence
394 S.Lake Avenue
Room 403 and make an interpretation based on the rule.
Duluth,MN 55802
(218)723-4752 2,� If the project is exempt from the WCA the only requirements are that Best
Fax(2is)�23-a�sa Management Practices (BMPs) be implemented (e.g. erosion control measures)
32i�semia�i Avenue N. and for Exemption#24 that the impact to the wedand be minimized. However,
eemidji,MN 56601 other local zo and ermittin re uirements ma re uire that ou submit
(218)755-4235 �g p g q y q . Y
Fax (218)755-4201 additional information.
2t�S.�th Street 3. If the activi
Suite 202 ) ty is exempt, monitoring is not required by the WCA.
Brainerd,MN 56401-3660
(218)828-2383 4.) If the activity is exempt,replacement of lost wetland is not required by the WCA.
Fax (218)828-6036
Your best course of action is to present your exemption evidence to the LGU and request
southern Re9ion: an exemption determination. If they deem the project exempt a certificate of exemption
P.O. Box�56 will be issued. If it is deemed non-exempt you will be required to follow the sequencing
H�ghway�5 S. and replacement requirements of the WCA.
New Ulm, MN 56073
(507)359-6074
Fax(507)359-6018 If you believe the LGU has made an incorrect determination based on some unresolved
�20o S.Broadway scientific matters you can request that the Technical Evaluation Panel (TEP) investigate
Room 1 aa and make a recommendation to the LGU. If you believe the LGU decisions are not in
Rochester, MN 55904 compliance with the WCA Rule you can appeal the LGU decision to the Board of Water
(507)285-7458 and Soil Resources (BWSR) as per the process described in the MN Rule 8420.0250.
P.O.Box 267
1400 E.Lyon Street If you have further questions our agency needs to address please contact Jim Haertel,
�-,�rshau,MN 56258 Board Conservationist, at 297-2906.
(so�)��-soso
Fax(507)537-6368
attch.
Metro Region:
Sincerely,
Southbridge Office Building
155 S.Wabasha Street
Suite 104 �
St.Paul,MN 55107
(s�2)2ss-3�s� John Jaschke
Fax (s�2)2s�-ss�s
Wetland Management Specialist
c: Jim Haertel, BWSR �
Michele McPherson, City of Fridley
M Equal Kate Drewry, Rice Creek WD
Opportunity Employer
Printed on recycled paper
� ' ��� �,��
Harstad Companies
May 11, 1994
Mr. John 7aschke
Wetland Management Specialist
Minnesota Board of Water and Soil Resources
155 South Wabasha, Suite 104
St. Paul, MN 55107
Dear Mr. Jaschke:
This letter is written subsequent to our telephone conversation of May 10, 1994.
Harstad Companies is scheduled before the City of Fridley Planning Commission for a public
hearing on May 18, 1994 regarding a request by us to alter an e�sting wetland.
Briefly, it is our intention to fill wetlands on a lot that was originally platted in 1977. We are
anxious to begin construction on this lot as soon as possible. We would like an interpretation of
the Wetland Conservation Act to detemune whether or not we qualify for an exemption to the
permanent rules. In order to begin the approval process, we submitted a Wetland Replacement
Plan. However, in the event that we qualify for an exemption, Harstad Companies prefers not to
abide by the proposed replacement plan and related submittal process. The time delays and added
development costs would be excessive, in our opinion, for one platted lot. In addition, it is
questionable whether any wetland replacement would benefit the natural environment; the two
proposed on-site locations for replacement would require cutting down a stand of trees and
mitigating in an area that was previously filled for home construction during the late 1980s. We
have already paid for a delineation, grading plan, wetland nanative and replacement plan.
This letter is written specifically to request advice for the following questions:
1) Is exemption #24 (or any other exemption) appropriate for this particular case?
2) If an exemption is appropriate, is Harstad Companies still required to submit all the
information requested by the City of Fridley and Rice Creek Watershed including, but not
limited to, 100-year floodplain calculations, a revised grading plan, a wetland easement, a
cash surety, and soil boring information?
3) If an exemption is appropriate, is Harstad Companies still obligated to a five year
monitoring plan?
4) If an exemption is appropriate, is Harstad Companies still obligated to any replacement of
wetland?
/�~6` �
���
.,,�,,,.� � Silver Lake Road • New Brighton,Minnesota 55112 • Phone 636-3751
���� REALTORJD
. , � ' �'� �Y?iF'��
Harstad Companies
The following points are mentioned to help you make a thorough assessment of this case:
1) Please see the enclosed letter from Rice Creek Watershed dated Apri129, 1994. They are
requesting information on the 100-year floodplain level, including a revised grading plan showing
that the lowest floor elevation is at least 2 feet higher than the 100-year floodplain level. Since
there is a storm sewer outlet on site, it seems apparent that the elevation of the outlet is also the
floodplain elevation. If that is true, then it would follow that the proposed contours of the house
pad, as shown on the grading plan, are well above the 2 feet minimum.
2) It may be worth noting that Lot 5 was filled in 1987 in order to build a house. Lot 6 was
not filled at that time because we did not have plans in the near future to construct a home on that
lot. However the fact that the City approved our plan to fill Lot 5 (and gave us a fill permit) may
be evidence to support our viewpoint that Lot 6 was also an approved, buildable lot.
3) Our original permit application (#93-61)with Rice Creek Watershed was submitted in
1993, before the permanent rules took affect. The request was tabled due to the substantial
reporting requirements.
4) Both lots are recorded, platted lots on file at the Anoka County Recorder's Office.
5) Both lots have City sewer and water stubs.
6) We have recently applied for a 1 S foot front setback variance for Lot 6, which will reduce
wetland impact bt approximately 900 square feet.
Please advise either myself, Michele McPherson at the City of Fridley, or Kate Drewry at Rice
Creek Watershed on how to approach this challenging case.
Very Truly Yours,
HARSTAD COMPANIES
J�
/..:�X � � �!�./`�% ' /
�
Paul W. Harstad
cc: Michele McPherson
Kate Drewry
enclosures
�/��.�e��� �
a``:�`.�'
�,.,�,,,�. 1�C}� Silver Lake Road • New Brighton, Minnesota 55112 • Phone 636-3751
.�/y/ aEA�TorrD
,--. i� �.
,,��:_ ,_w G��
� W�TL�AND CONSERVATION A�'T
EQB Monitor and Fizdle� F'ocus News Notices
for Project Decision
Local Government Unit: City of Fridley .
Date: June 24, 1994 �O °�
'� LGU Official: Michele McPherson � �
Telephone: (612) 571-3450 . .� � �� �
_ Address: � . 6431�LJniversity Avenue N.E: � . : �p � �" ' .
. ,
City: � Fridley � �.� ��,/
State: MN � �
-' -y , .
�� � .� ZIP�Code: � _ � � �5�4�2 � �. .. � . . . . . �
� . - . � � � � . . ,�
. . � ,� . .
� PROJECT DESCRIPTION
II �Applicant Name:. . Paul Harstad; Wetland Replacement Plan, WR� #94-01 �
Project Location: �T 30 R 24� Sec 24 SE 1/4 NW. 1/4 SE 1/4 � �
County: Anoka
Watershed Name: Rice Creek
Decision on Application: Denied
Comments: Denied based on: 1) feasible and prudent alternatives exist; 2) replacement
� � ratio had not been met; and 3) the applicant did not submit a complete
a lication.
PP
A record of the decision can be viewed at the LGU office listed above. Persons interested in receiving
a mailed notice of each project within the jurisdiction of the above-�nentioned LGU can be put on a
mailing list by contacting the LGU at the address listed above.
Publish: Focus News EQB Monitor
3uly 5, 19�4 Juiy 11, 1994
�
c�-.4�� ��'�:
RESOLUTION NO. 51 - 1994
RESOLUTION DENYING A WETLAND REPLACEMENT PLAN,
WR #94-01, FOR PAUL HARSTAD, GENERALLY LOCATED
. AT 5470 AND 5490 EAST DANUBE ROAD N.E.
WHEREAS, .a wetland exists according to the 1989 Federal Manual ; and
WHEREAS,:�;�the wetland is not a DNR protected wetland; and
WHEREAS, the proposed project does not fall under one or more
Exemptions; and
WHEREAS, .the project is not wetland-dependent; and �
WHEREAS, all impact .avoid'ance options have been det.ermined to. be � �
reasonable; and �
WHEREAS, the project impacts have not been minimized; and
WHEREAS, the replacement plan does not meet the 2 : l replacement
ratio required by City Code Section 205. 27 . 10.D; and
WHEREAS, the applicant did not submit a complete application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby deny the Wetland Replacement Plan, WR #94-01, by
Paul Harstad.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF JUNE, 1994 .
WILLIAM J. NEE - MAYOR
ATTEST:
w
v,r.
WILLIAM A. CHAMPA - CITY CLERK
� ��,
PETERSON
E,�vihoti�����.��r;��
CONSULTI��G, I,VC.
May 1 l, 1994
�
Ms. Barbara Dacy
Planning Coorctinator
City of Fridley
6431 University Ave. NE
Fridle Minnesota 55432
Y,
Subject: East Danube Residential Development �
Fridley, Minnesota
PEC Project No. 94-046
.- Dear Barbara:
' This letter is to confirm the results of our field review of the wetland delineation that was
performed by E. G. Rud and Sons, Inc. for the East Danube Residential Development.
We find that the delineation is consistent with the Federal Manual for ldenti �in and
Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation,
1989) as required by the Wetland Conservation Act of 1991.
Please feel free to contact our office should you have any questions on our review of this
delineation.
Best Regards,
Peterson Environmental Consulting, Inc.
� ����
Ronald P. Peterson Glenn Vande Water
President Vice President
RPP:GDW/ael
winword�projects\1994194-046Wacyltr.doc
� i_'I1V il i'.i h!h til��'��i '�r.;h� 'U� ■ ,'-r�ln,l. �Iu1f1('tnLl i�-J J r ■ /r��-�i i/-iS�fi� ■ ,',1�/���-�Y i I-�`�.'i�
t r :� r'..
_
CITY OF
FRIDLEY
FRIDLE:I' MUNICIPAL CENTGR •(,431 UNI\'FRSITI' :1VE:. N.f:. f=RIDLEY. MN ij=33?• 1(�I'_)i71-3-►iO• FqX thl�J i71-1��7
May 11, 1994
Harstad Companies
Paul Harstad
2191 Silver Lake Road
New Brighton, MN 55112
Dear Mr. Harstad:
In preparation for Planning Commission review of your wetland
replacement plan and application, I have reviewed the information
you submitted in regards to the State Statute and the City's O-4 ,
_ Wetland Overlay ordihance requirements. The submission as
required by Statute is incomplete in the following ways:
l . An affidavit confirming the replacement of wetland values is
missing.
2 . The following information regarding the impacted wetland is
also missing:
A. The wetland location with a public land survey
coordinate of the wetland center.
B. The overall size of the wetland, including that portion
not located on your property.
C. The wetland type as defined by U. S. Fish and Wildlife
Circular 39 , and National Wetland Inventory Mapping
Conventions.
D. A soils map or soils information provided by soil
borings.
E. The size of the watershed draining into the wetland
area.
F. Location of inlets and outlets.
G. A map or written description of the land use within one
mile of the watershed_
_ � _
-• K �}.�'� f/ �
' �.^+.`-.:w
Paul Harstad
May 11, 1994
Page 3
replacement area is actually wetland. A site visit on May 10,
1994 confirmed this. Please provide additional information
confirming that the current delineation is accurate.
I have the following comments regarding the alternative analysis
presented by you on page 2 of the wetland replacement plan:
l. The option to combine both lots into one buildable lot to
construct a substantially larger house is not thoroughly
investigated. .
2 _ The City requests that you submit expert testimony from a
registered structural engineer to support statements in
alternative #2 regarding the use of pilings to construct the
dwelling unit. In addition, soils information should be
provided to determine if any house, irregardless of the use
of pilings, could be constructed on Lot 5.
3 . The proposed building footprint is approximately 2, 800
square feet. The City permits a minimum first floor area of
- 1, 020 square feet. Adding a 576 square foot garage creates
a minimum foot print of 1, 596 square feet. This would
substantially reduce the proposed footprint of the dwelling
unit, thereby reducing the overall impact to the wetland.
� In addition, a two story house could be constructed creating
a livable area of approximately 2 , 500 square feet which is
close to that which you propose in the replacement plan. In
addition, the impact of the variance could be further
explored to minimize the overall impact when combined with a
smaller footprint. It appears that a 30' x 50' footprint
with a variance to a 20 foot setback may place your request
into the 400 square foot exemption.
• 4 . You did not explore the use of retaining walls or gabions to
reduce the amount of fill needed to blend the slope back
into the wetland. The use of these structural items would
reduce the overall impact into the wetland.
The comments listed here will be incorporated into the Planning
Commission staff report for their revieca at the May 18 , 1994
meeting. �de will also be forwarding a copy of your replacement
plan and the staff report to the Fridley Environmental Quality
and Energy Commission for their review at their May 17 , 1994
meeting.
. J� �:.�
April 29, 1994
Michele McPherson, BLA
Plaruiing Assistant
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Re: Front setback variance and wetland replacement plan
Lots 5 and 6, Block 2 Innsbruck North 2nd Addition
Dear Ms. McPherson:
This letter is sent along with an application for a variance as we discussed on the
telephone on Apri128, 1994. The purpose of the front setback variance is to reduce the impact
on the wetland by moving the house pad on Lot 6, Block 2 forward as far as the City will allow.
Consequently this variance request should be considered in conjunction with the Wetland
Replacement Plan submitted on April 14, 1994.
Variance
To m;n;riize impact on the wetland, Harstad Companies proposes a front setback variance
of fifteen feet on Lot 6. This would result in a home that is at least 35 feet from the curb and is
still well within the property line. Wetland impact would be reduced by a total of 900 square feet,
for a total impact of 1,900 square feet.
Harstad Companies also proposes a setback variance on Lot 5 of ten (10) feet. The
purpose of this variance is to improve the curb appeal of both lots, so that one home is not set
back significantly farther from the other. This would also create a nice transition to the existing
home to the North. (Please see the enclosed grading plan which shows the proposed setbacks on
each of the three lots, including the e�sting one to the North.) Harstad Companies would agree
to an even larger setback for both lots if the City preferred.
_�
, r1 ��
Pad Dimensions and Square Footage
You also requested information regarding the square footage of the proposed homes to be
built. Included with this application are two different floor plans, both of which could fit onto
either lot. Currently, neither lot has been sold to a builder, since no one is sure what type or size
home can be built. However both of these homes were designed specifically for these lots and
neighborhood. Both are split levels with no full basement. The home with a three car garage is
1,283 square feet, requiring a building envelope 51 feet wide by 48 feet deep. The floor plan with
a two car garage is 1,628 square feet, with a total building envelope 54 feet wide by 48 feet deep..
The home with a two car garage is sketched onto the enclosed grading plan and the wetland
replacement plan in a reverse image.
Harstad Companies no longer builds homes; we are strictly developers. Consequently we
cannot commit to any particular floor plan. Perhaps what is more relevant is that the City
establishes the maximum dimensions for a future home on Lot 6. That way when we correct the
soil, we will know what size house pad to build, and when we sell the lot, we will inform the
builder of all appropriate restrictions.
Harstad Companies proposes a house pad on Lot 6 that can accommodate a home 56 feet
wide by 50 feet deep. In addition, we propose a deck in the back, built on standard pier footings,
that is no more than 12 by 12 feet. The rear footings of the deck would have to be placed in the
wetland to minimize filling of the wetland; or instead the area under the deck could be included in
the replacement plan. A third alternative would be to allow some sort of elevated floating patio.
Please note that the each of the two floor plans submitted show patio doors (assume a 12 foot
deck) in different areas, and that one deck would not extend from the building pad by a full 12
feet (due to a jog along the back of the home). The point here is that it is extremely important to
have room for a minimum-sized deck or patio; without one, the lots are not salable.
Please consider this as an addendum to the Wetland Replacement Plan and as a request for
a setback variance as discussed. Specifically:
1} A 15 foot setback variance for Lot 6 Block 2
2) A 10 foot setback variance for Lot 5 Block 2
Please place this on the next available agenda and let me know if I can be of further assistance.
Sincerely,
HARSTAD COMPAN�S
��l� �r -��
Paul W. Harstad
enclosed: application,fee,grading plan showing proposed setbacks,two floor plans
_ _____ _ _
-
. f �'�
1
Rice Creek watershe �� ' �
3585 LEXINGTON AVENUE NORTH, SUITE 132 �,
ARDEN HILLS, MINNESOTA 5 5 1 2 6-801 6
TELEPHONE (612) 483-0634
FAX (612) 483-9186
�
Board of Managers
Regular Meetings:
2nd and 4th Wednesdays
at Shoreview Ciry Hall
Apri129, 1994 KATE DREWRY, District Admin.
BONITA TORPE, Admin.Assist.
Mr. Paul Harstad
Harstad Companies
2191 Silver Lake Road
New Brighton, MN 55112
SUBJECT: RCWD Permit Application No. 93-61
Location: Southwest quadrant of Danube Road and Innsbruck Drive, Fridley
Puipose: Final Site Drainage Plan for construction of two single family
residences, 0.6±acres
Dear Paul:
The Rice Creek Watershed District (RCWD) acknowledges the receipt of the Wetland
Replacement Plan which satisfies RCWD permit requirements for wetland impacts. However,
the City of Fridley has elected to act as LGU for regulation and enforcement of the Wetland
Conservation Act and you are therefore responsible for corresponding with the City of Fridley
for satisfaction of the Wetland Conservation Act (WCA) Permanent Rules.
Additionally, there are several items which remain to be submitted and approved by RCWD
prior to approval of Permit Application 93-61. They are:
l. Written verification of approval of WCA Permanent Rules requirements by the City of
Fridley.
2. Calculations determining the 100-year floodplain for the construction site.
3. A revised grading plan showing lowest floor elevations no less than 2 feet higher than the
100-yeaz floodplain.
4. A document conveying easements over the 100-year floodplain and wetland areas.
5. A cash surety in the amount of$3,000 (which will be returned following a favorable final site
inspection conducted by the District Inspector).
Also, the District Administrator will be conducting a personal site visit to verify the wetland
boundaries and delineation report.
BOARD OF MANAGERS
A. J. CARDINAL, SR. CAROLE V. RYDEN ROGER L. OBERG BARBARA A. HAAKE EUGENE L. PETERSON
ANOIU COUNTY RM�tSEY COUNTY WASHINGTON COUNTY RAMSEY COUNTY ANOKA COUNTY
MONTGOMERY WATSON Consulting Engineers 473-4224•MICHEILE J.UIRICH nttomey 699-9845
• � �L �`
Mr. Paul Harstad -2- May 2, 1994
If you have any questions or would like clarification of any of the above referenced permitting
requirements, please feel free to call me at 473-4224.
Sincerely,
MONTGOME WATSON
Engineers for e District
C�
Eric 7. ompson, E.I.T.
Associate Engineer
r---' �,.,,
n � ,
� �Y
�� �♦.
%�
WETL�AND CONSERVATIONA��'�;J �'�'�9
EQB MONITOR AND FRIDLEY FOCUS NEWS 1�°����E
_. -� ,�
for Project Application � �
City of Fridley April 19, 1994
Local Government Unit Date
Iulichele McPherson �612� 571-3450 � �
LGU Official Area Code, Telephone .
6431 University Avenue N.E. � �
Address (street, box number, etc.)
Fridley MN 55432
City State ZIP Code
PROJECT DESCRIPTTON
Applicant Name: Paul Harstad; Wetland Replacement Plan. WR #94-01
Project Location: T 30 R 24 Sec 24 SE 1/4 NW 1/4 SE 1/4
County: Anoka
Watershed Name: Rice Creek
Description of Activity: To fil 2,1 800isquare feet of Type 4 wetland and rest re 2 SQ9
-��—
square feet of Tvpe 4 wetland on-site to allow construction of a single family home The
request is for 5470 East Danube Road N E
A copy of the complete application can be viewed at the LGU office listed above. Persons
interested in receiving a mailed notice of each project within the jurisdiction of the above-
mentioned LGU can be put on a mailing list by contacting the LGU at the address listed
above.
Piiblish: May 3, 1994
May 10, 1994
� � � . �-, . .
` � E_;. -_ . .
�
WETLAND REPLACEMENT PLAN
April 14, 1994
1. Background
. � . Applicant's Name: Harstad Companies - � � . � ,� � . . � �. �
� � Address: � 2191�Silver Lake.Road � � � ..
� � . � New Brightonr MN��55112 . . .
Contact Person: Paul W. Harstad
Rice Creek Watershed file#: 93-61
�"'=;:, Harstad Companies proposes to construct two single family lots located in the City of
° Fridley on East Danube Road (see Exhibit 1, Location Map). The lots are officially
platted at the Anoka County Recorde�'s office as Lots 5 and 6, Block 2, Innsbruck North
�= 2nd Addition.
�
E.G. Rud and Sons, Inc. performed a wetland delineation and subsequent wetland
narrative of the site on April 20, 1993 (see Exhibit 2: Grading Plan, and Exhibit 3:
Wetland Narrative). The wetland basin provides storm water retention ponding for the
neighborhood, with a storm sewer inlet at the North of the basin and a storm sewer
outlet at the East of the basin. The storm sewer outlet runs directly between Lots 5 and
6. The land use of the surrounding area is residential.
There is a 40 foot wide drainage easement along the back of Lot 5 and a 20 foot
drainage easement along the back of Lot 6. Nearly all of the drainage easement area
is designated wetland. Lot 5 is currently a bui�dable lot, with soil conditions suitable for
home construction. The wetland edge extends into the buildable area of Lot 6. A
portion of the wetland would have to be filled in order to construct a single family home
on this lot. (Please see Exhibit 2: Grading Plan.)
II. Impact
Proposed Direct Impact
Approximately 2,800 square feet of wetland would need to be filled in order to comply
with the City of Fridley's front setback requirement. Harstad Companies proposes
�:;;::.
instead to request a variance for a front setback requirement from 35 feet to 30 feet or
,. less. A setback of 30 feet would reduce the fill area to approximately 2,500 square
feet.
_
_ � � � � � , . .
. . . ; � �'; .. ,
l
i
Indirect Impacts
�. Permanent indirect impacts are not expected to cause degradation of current wetiand
values. The conversion of old field will diminish the amount of upland habitat to wildlife
on the site. However plant and animal life diversity are not likely to change within the
wetland basin. Drainage patterns on the site will not change. �
111. Alternatives Analysis
. _ The following,is a list of alternatives�to the proposed wetland replacement plan and a
� �discussion of�why each altemative is not�feasibte. . �. . �
1)�Choose not to build on Lot 6. � � . � � �
This alternative would adversely impact the economic value of the property. The
applicant's proposal to build finro single family homes meets all City zoning and building
ordinances (with the exception of the proposed front setback variance which would
reduce the impact on the wetland basin). The proposed construction is in full
compliance with the plat of record in the Anoka County Recorder's office. Revocation �
of this right to use the land as previously approved would be considered a "taking" by �
the applicant, and is contrary to private property laws of the U.S. federal government.
( 2) Construct a home on Lot 6 using pilings.
This proposal would impose undue and unreasonable economic burden on the
applicant, and would have the same effect as the "no-build" alternative. Pilings would
have to be constructed for the entire foundation of the house, not just the portion
located in the wetlands, and would cost in excess of$25,000. Piling construction is
not in accordance with accepted engineering standards and practices for a building of
this size and type. Furthermore piling construction would substantially disturb soils and
vegetation and would require the filling of wetlands for the mobilization of equipment.
3) Build a smaller house on Lot 6.
A house small enough to avoid wetland impact entirely would be less than fifteen
feet in depth and less than fort-five feet in width. This small of a house would not be
marketable and would not comply with City ordinances regulating square footage. The
proposed house plan has already been modified to reduce wetland impact, and is
already smaller than other houses in the neighborhood.
Avoidance and Minimization
Avoidance
Wetland impacts cannot be avoided due to the shape of the wetland basin. The
applicant intends to avoid impact to the wetland on Lot 5, but cannot avoid direct
�
impact on Lot 6.
Page 2
�
� e . • e . . � ' � ' ' � . , s�,...... . , � _ � . . . ' '
�
Minimization
The following steps have been or will be taken by the applicant to minimize
direct and indirect impact to the wetland basin.
1) Reduce the square footage (and foundation size) of the proposed home on
Lot 6. The home does not include a full basement, preventing the house pad .
from further encroachment into the wetland.
. � 2) Alter the size and shape of the house pad on Lot 5 to provide for configuous. � �
� . � mitigation�area in the back yard. .� • . � � .
� 3) The applieant has also withheld the sale of Lot 5 ta prospective homebuyers so�
that:a portion of Lot 5 can be used as mitigation area for the proposed fill area of �
Lot 6.
4) Request a variance from the City of Fridley changing the front setback for Lot 6
from 35 feet to 30 feet or less.
5) Request a variance from the City of Fridley changing the (North) side setback
from 10 feet to 5 feet or less.
6) Compliance with the Sediment and Erosion Control Plan as shown on the
Grading Plan.
( IV. Wetland Replacement and Mitigation
Harstad Companies proposes to create 2,500 square feet of comparable wetland
on site (see Exhibit 5: Replacement Plan). Sideslopes will be graded to a 10:1 slope,
lined with organic soils and seeded with native seed mixes to promote use by local
wildlife (see Exhibit 4: Wet Meadow Seed Mixture). The general shape of the
mitigation ponds will be designed to conform to local topography in order to create
natural looking basins.
This replacement plan will replace current wetland acreage for the wetland
acreage impacted by a 1:1 ratio. This ratio is not in compliance with the permanent
rules of the Wetland Conservation Act of 1991. The applicant considers the proposed
plan and replacement ratio sufficient for this particular site for the following reasons:
1) The proposed construction is in full compliance with all other laws governing
land use at all levels of govemment, including the plat of record at the Anoka
County Recorder's office.
2) The replacement plan replaces unavoidable impacts to the wetland by restoring
or creating substitute wetland area with equal or greater value.
3) The applicant agrees to monitor the site as described in the following section.
4) The original application for this project was made in 1993 prior to the permanent
; , rules taking effect.
�. .
Page 3
. �� � � C�,y�� � � � . �
V. Monitoring Plan
The monitoring plan will include:
1) A description of the project location, size, current wetland type, and desired
� wetland type.
2) A comparison of the as-built specifications versus the design specifications and
_ � a rationale for significant changes. � . . . . - �.
� � 3) Hydrology�measurements such as seasonal.water level elevations during the � � �.
. period�April through October: : � � . � �
. 4) A list of.the dominant vegetatiori in the wetland including common riames of the �
vegetation exceeding 20 percent coverage and an estimate of coverage.
5) Color photographs of the project area taken any time during the period June
through Augus#, referenced to the fixed photo-reference points identified on the
grading plan.
�
t�
Page 4
' ' �a
. �' . �� . .
EXHIBIT 1
LOCATION MAP
( �:t � TK � . � _ V � RO 0 I
� tuwi/� �.�e.�.. .1+.K> r f�� O rw O C
APLE ST MAPIE 5T. F � � ol�.t :.[� �L� .... ?
, Ah R DR ' B <n � OO a�` �
... �v AV 'z Z 3(�� ��
I i d:w AV �
N 7 f � = v+.'�[ 11.��N ���p�l I
4 � � �L �� o' �
,� �,;," .e:tY.:� - �,.._...
_ 'M. v E N Si ��i � Y�-SH RWOO A
. = ..,;..�„ . G < < —
` - .,,;�� � � �
f 81 T V N.E.y�_ � Lt1:.L Y J
0 .e: i �� N u �►� xe>� ��1�;� � �;a; Y �
. , . . � . . T �� TN AV N E�Z � <:•s<• s w� ` Y ��'�'�'� ��-_ _ � .
' . . . • . s. N i : Z . F.� 1
,.Y„� 1�` y . � ,
. . � . . .. . � p 79TM YO � � � " C w[V � 'AKE6 . .a � .
. wm. > u
. .. . � E N < TH z �lV N . � o >•'••<�£ SPRI�G;L.�KE s_'� .
. . � � � :rf � • . - .a�vt+- — -" 1 0 NT - .
. . ' ° . _ 'B �.«. --- . p .
.. W . : L{ i�..i• S � O
' p. w�•• z me ur.r� � < ' q ■ r =
z 76SH wsn�µ � �i qiM�vE� 1 )�� �
,. :�Yf .. 76N� � Z = S1 �� "
�,i•• fi .rc �P �� ■c � BRO ON OR
_ M~ Ot M L = �p M S�:S t Z W� C
� w [•� W �. �w ��t.a[i: o.. 4' Y >
i� :S :�d � ._°. �� e.d,,...R�r�o� no�c�s �,...�< <__ u Q j
a ; �e� ' = Av _ �� r NE V, % �p B
7 RD�� Ny Y► RD :i 2
' 0�H E i : �� 3 3. '� �v� i •.
¢
_ � ' � �: �r.w�r � = � > �
��i� `_ ��j'ri,��a $ Z� WOOOAIC J DR. � �:
o i�Si��['Y[ �AV _ _ OI ZWO Y N
c � — ^ Z > - f 1/1
Creek R est N +r. �A� R1
�- - Ritt � COU'rTY ROAO � . _ws..� m
� :7:'. 69'w f �<t c� .��. gj00 �'!TN ♦v r�.E. ; �
.. 3 �� - $TMAN �
� � � vl.wDOF� . : M ` f,• • ]•4��� � � .
.. `r _ - ' vEat N' �4 _ aw �\\ l' - .��.d •
P' K h�STON 9 4 O, . ,��:7781��m ' �W,����`
�6eTH�v' 4 [� i_ .a1 ..:-'z.�a�;� ..�
`��.�� r �� ��M � N s= � •
�y i n�
.�s� � � � � �•�°� W"� <F 6iKANE: •>r ;i '�" Fa�.
� TN ' ^N �� EC 66�TH 5 cau..w.a Z ; tf � ��j.���.w
� = O� « : a, C
- ��� MISSISS�P i e Y� r�`e'�`'' •`
w�io 155 SIP I�i..��. zo o � < a W ` � � ��s�� -• I
Z^_ N U 7wAV N. t} i��'o k ' " I
..Z Y W � • � i eP.� �' MO
� _ � y � Z t� . .. � ! : 1
.�. ^ `w 2 < 4 c..aa . - . i
'. 7a0 �vE. > � £ CR EKtRO `,:R�CE {' CREEK :
T•�,�r p�� < � <y C ='_.�°�'..': � i ,r,,�� -
P - ' ��� - 1. . .• •: �' `,� �+'::^'1: .
� Z N ��c`� ��. �.( � -�t{
, .'�•Z N� • r��.wLL•., �`.,�Q, L
� t�v E � u� .... tfOORE ��O •M (;"i_ � �
�n z W �:• � p' r ��,. _t;�� . �� .��...
H E 3� 'EEE L.�l�£ ��' d,s ■�..�...� :36�.. 5T ti w�.�...,.
� N : �� Y� 4V W o� sii�E='
, s � $ . (�ARDEti�� � 1 _ '
� - � ,� ,.. �� ' I, � � ' -r = �,5-«
S „ : ' �f 1 :� �:. :... .,.
_ - �:` ��
: " = . .,� _ � .K ;:r `'e�,c�-s: n w; D
.VC. I � Tw'AV .h , ' .. .. t �:� 1� ^ � ���.��"�
G7 I ' �1 rvD D4� '� .I ., :... -_
�.roc�..ra 'I• ,�e =7 l..
ua�w..nw4 ¢� ��i ii� � :�J-• � �•�T.s�..'•i`"yc.`
s�2 �w : G I 4 _ ••;:•�F 3�... �..... =i o.
� t tSaN .�� ,,�'��� � � '
� { - •SIaC��[ p/_c�Lf��—
� 4`
T
�.
—
G. R�� A� DI �1G ` ��.'? LqN. . ` : �:E;:��T? . � . . . : . .
G.Kr�L�ING PLAN
For. �Qi#,h H�r$Lsd
o . .
N
' . . . . . . . . � .
� . . . . . .
i . . . . ..
I ��'�z .. . �x�SCin .
_�<i;�,=-'`�'>� :�t:•`:r`r:'•;, ..'.9y��sc
�;���r �' ,� ' :':' :��;�;:::�_ `; .: , ...
'�_;',Y1i�'.`�'.-� �:::�;:'.,;� -'_�::�;�'.�_�.'�.':, � . .. . . .
`�.i;:_�;`t�;-�-:.`c:•,';: :��.0.;;;:;:•-`.'':;.. • ..;�,. �S
�`��:�� �`�` ;�Q�� =` �'' ^:��'�'^:�r. :�' � ' .•'f'•_'•:•'•''r'�'�•-'-,'���� S9 �.
��i 0 '�• �-�ti':'�=-s.=��': . ...., .�.-
=t .�-���.A p.: :`}.;tir `•-�.;.-�:�;:{.;;,A;-:�' '. . . .. .,/ ,� ! iac.s
_ ;I�i�-'1�_- :t=��,`;....,:: ��::`;4';'�::,.:� �
��`��''� � � \ 'l / �� .��/ +ioau
� �:� s : l : i j
.r. _\, \:�.��:-..;••,.•.:;,: •
_ .�`�,: ..:•- ...;; �_:/::=.
�• '�L� '�'': ��,1�::�_`•:`..f i....'`.�..!•; /_ ,.:
. �\. ^�r`: �\.:\l,�,::'� � .�,.:;..�•:� .•••':� � , .. . . .
,( � �i���',t,�f ' � 1�
':\' :��` � ',�;� �1\�!./.�•.`•,�• � �" , .
. ' . , ��.�..: �.� .:= .: •.. %.:. .
� . \\�'� �Z�';.'�'�'� .r� ;:'�+.�^.�� \�� / ' 'f���.J�' � • • ' '
. . y�=. `'7`• . 1J.Ct c/��•.•.'`••? . . .
• � :�'1.y,'\"`� \'�-'•...l:�.. •:.1.,�,./•y . .
NORTH ��;�:= �.,_`Y�i ��-;;:���:;:%::':�:i�' . . � - - . � �
, ••�5��� �
�'��� �? �.T:1-.:i'. . (.,a`,\;ti�/ � ' � _oEl� ' .
� • �`1 • ��•�. :•,i^C_,_�.,:��., y . �: r`�_ .
?�r ;.i;� �:�:' i�� .-��� - � �- �
��:` ;,:ti...-�;• ��?�::.`-.n�-;�•wo.
�� � • ..�:�`�:.� l \ / J _.�.
����'"
t`�~� :\r�O=4'!,-� 7.:=�''ti� / �� 4 � �
4.f �, �q?-:;'-:�<;::::<=' � , + ,
Cn��` �'�Q� '< <,'�`�'f � � /� �
i� •.. '��f\.�i `�:^l:� :�., y' u' �.� . !d'
,`�-'�� ;:��;=" .:�Sc�.�i;. ��. . � � . ..
��:� :_��--'.+ �..�Iti� ._.+ �qo /
,J ti,\Q.; �. 1�'.t +io�o
k.�' :._,}• ,'�.{4.:;;ti� >'��
����:i .• .:� �'•`��_:-:\':''�' . f707.9
�\�_'��\�.: .�l'-��}��'� '�" `o°'° � /
� h ��� j +10J B
. l-;�. 9 9` j�,�`\1 ` cyi►..sa..s..r /
I;�`��'; '��•�'��':• _ 'C ,. /
' ` a '`' =� = o... :•:�.:�`;-_'� �, � o
AO � � ��.-.��" � ��. ��.�.� /
�. ,��..�^ �` • . : ..�;. Z
``'O �\ ,�;'�, ~;:� �- '� , - ''�+�':i'� A �•�o � • 0 r
� �r�, �. - `�� `�;:<`•.`�==�. . s. o � 0666�,h
��- - �'��.�:��.-�:'��,.���.'.i���';�;�:: � � � 1 e� ,"� +tos z /
'l:i• ` .,:r ,-`; �.::. _ � : `y �,,,��•1g.
I. .�'. iw�
�.��� . , ���.`.� �,�%',.,..;'�P',._-�,..�; � � /
�r- `>j t' �,��` ,'.'� � / O!��
i"";��' \:.; ��;',;'.:.•� `�, � � 10 v�0 /
j`,,.;:c '''•�� •} �a� ^ . /
��`�'� '= '+°0� �� Gump CoUdr�ood
i;r�``,'�_`:. _ ` � `:'= � ��/ .
4\r.�. ..�. _ �e�• : �.,-� \ �o� /
1:)``/.r� '��•.. •�• .��:/i�; �
�.` � ..� :�'. . :.c;C-t;1 � +ros.s !� k 4/
''`��:''':� : ���'�' ,-�:• '=) / `0� 'q�
\� '_<'=Vi�' .�l .. . y. � ` lr
�� ��::.�;.. �.- iant � f/04.! y / '� /
.��•. ` `/
/ '.,`�.. � 1/
/ ♦99 105 'I
+/04.4 ���• '��1,'y.
� c`���° 0o��n /� �
+101.6 pa/�/ / �� Co�r} /
N �
/�a i 1 7 Red poks B"—!J" � /
�r� � ,��k6 /
� �5 �� 7
``� � ' k�� � /Yo rEs:
D�� / / � .Z �'aof ton/a i ii��si�o/
ASJ(/TG� J�cifico/ Gb/m
/D 6 � ,,,,`1� —Dcoolcs Exi:rtii�y Ce'/o i
� j' ^�Otnor�t Prapw'cs Ceofe�.i
O Oc�o/ts P�a�aa,rtd E/arol�c�
�a`°� / .ZBO� Sy. Fi� a�lvo��yo� 7!n 6c ���a�
/ =--:--•, O...o�`J S./f F.,��
Lot 5 & 6, Block 2, •'�nnsbruck North 2nd Addition, Anoka County, Minnesota.
�co% 1�20' / heieby ce�tify thot this p/on, survey o�report wos prepo�ed
�ook by me or under my direct supe�vision ond thol / om o du/y ���UD 6 $ONB, ING.
'oge --- Registared Lond Surveynr un�e� the�/q ws of tha Stote of �D�RVEYORB .
'ob No. w�.xs MinnesQ-to. Doled this "'�day o/�Ms�79,�, 918m LEXINGTON AVE N0.
�"�-- -- `�'� �� Registrotir- Vo. 9808 GlRGLE PINEB,MIMJE60TA
66mi4-3626 TEL.�a' '•666
x
.' .� �.
�
. . . (,:�:,, , ..
� EXHIBIT 3
!� C� (j�� p_ `C�� �� WETLAND NARR.ATIVE
C,Y� �
(
L1�ND SVRVEYORS
9180 LEXINGTON AVE. N.E.
CIRC�E PINES (LEXINGTON), MINNESOTA 55014
(612) 786-5556 FAX# (612) 786-6007
April 20, 1993
� � Wetland �Narrative Lots 5. & 6, Biock 2, Innsbruck 2nd Addition. � �
The wetland on the Wes.t sid�e of lots 5. & 6 , Block 2 ,� is
classified on the National Wetland Znventory map as PUBF
(Palustrin; Unconsolidated bottom; Semiperment) type wetland.
A field inspection of the site was made on April 19, 1993 in
which I found this classification to be correct. The majority of
the wetland is an open water pond with a maximum water depth of 2
to 3 feet. The pond is bordered on the south end by a narrow rim
(< 10 ' ) of PEMC (Palustrine; Emergent; Seasonal) type wetland
(cowardin et al. 1979) . The easterly delineation of the wetland
" is defined by earthen fill that has been dumped on �,ots 5 & 6.
There is no persistent emergenz vegetation visib�e �.n the
� , inundated area of the wetland. �legetation along the rirt �f tne
wetland include; Cottonwood, Black Willow (tree stratum) , Red—
Osier pogwood (shrub stratum) , Reed Canary grass, Blue Vervain,
Pinkweed (herb stratum) . The water leveZ of the wetland is at
its seasonal high. There is a storm se�ter culvert (Inlet) at the
north end of the wetland that drains surrounding areas into t;�is
wetland. There is also a storm sewer culvert (outlet; on thE
east side that controls the water level and drains tn�� wetlanu
into an area east of Danube Road. Most of L-he naturalness of
this wetland community has been lost to urban development. The
main function of this wetland is storn� caater retention. It also
has some wildlife habitat value.
. _ , �O1,t��«J.X�f/'vt�1.
J
- -
- ---�,..
. � � � . . � . � �tra � . � � � _ . � � , � ('� , . � �. � . . .. � � � �-
1
t
I
:y: I EXHIBIT 4
.,:,.
WET' MEADOW SEED MT��I'URE
Seeding Rate
Common Name (Species�, �pounds/acre�
. . . . Wild millet (Echinochloa crusga�li) . 5.0 �
Annual rye (Lolium multif lorum)- � : . � . 5:0 .
� • Perennial rye (Lolium perenne) � .. . 12.0 . -
, �Als�ke ciover (Trifolium hybridum) � �� . 5.0 .
Native Seed Mnc (see below) 10.0
37.0
; Native Seed Mnc- Incorporate As Manv Species As Possible (Minimum of 2 Grasses/
t Sed�es and 4 Forbsl•
; .,
;
; Grasses and Sedges:
� � Canada blue'oint Calama stis canadensis)
J 8�� � Sro
� Prairie cord-grass (Spartina pectinata)1
Big bluestem (�4ndropogon gerardu)
Switch grass (Panicum virgatum)2
Green bulrush (Scirpus atrovirens)
Fox sedge (Carer vulpv:oidea)
Forbs:
I �
� Swamp milkweed (Asclepius incarnata)
� Angelica (Angelica atropurpu�ea) .
f: Blue vervain (Yer�ena hastata)
, New England aster (Aster novae-angliae) _
Marsh aster (.4ster simplex)
Joe-pye weed (Eupatorium maculatum)
�Numerous other locally native species - consult nursery staff and tailor seIection
to site specifics
� Planting rhizomes is preferable to seeding because some seed stocks have very
low germination rates
2Use only locally-collected seed
�� _ .
'�;i tt� H u � IV. U r�..L. ./,1 1�1 . � .
� " � . . . EXI-iI$7T,,.<<:;:. � :
For�� �Q��� H�(�$��a � RBPLACB�..�iVT PLAN
0
{��opo;pc.� �l� ro
/ ' ' ! ' � �rafOSCo� lil'��4«'vh 'f '.'.�.�.�.�.�.�. . . �
t .
i
� /OR2. . . . . . . . �rx'Stilj ' .
:�:II':`� -'":`' :l'.�i�'• � . . .. ?/yO`Sa . .
. � I f_- ' ;� '1
;~�'I } . ry.�, \' ; Ro / �'Ss9
'Zr..���'.`�'p� > ;• ,...�, - � � ..'r,, �� j iot.S
. ,A.` :•� : ., �.�; .
--`i:-'0.0"� _ ':=�.i ':;.`,'. /•'��.`' ��'. I ,
:: ry.1•_�:��: �r.�,�. -: ' . ..j:il:.. r
:_;.��� �,.. .... :�.�.;: ;�`,�' . = .
'•������"; �;•1 ::: •. '.;: `/':�'�`�`v +�oo�:
.�.��':�: : ?r'-!�:.�.::li•: :.': ::...
'Jj_ \` �:�.11;:..�'�.:'a . �/� .
•���\'..�.�� :��+�;I;�h•� •' ;'/��•`
.`� , `'L:, .�. �•�' . `l.� `.:1•'• /.,.
`\\,-�; ���t:
�~H�,�^,'4`��\„ ••���\��`��\�'�`��.••'"'' '•', � � ,
_ ,*•• r .�:�' �,'�,'_.. / •
. ::�-: ;j.:;<._..` ::'r.:'. :.,+:''�:. �'��: � J, .
, , •:..;: �t ..::.�'�;. �;;:;'� ,�i•;;r•,; :- �' +�o�.s
� �,:. - .��-;:,,... .�%f
' �.�.:` ;:;`:.•;,' :'�;:;��_;•j.;•::� ::.�.y .
NORTH �,.=- :; `�=�'�:�� :���� , . � .
r�: •*.(.•.:.'.
ls��= - T��:;� . 'y .:,:=;:';.60o pRE�' .
. ��`�. . r`,;;y: G:.:-;":c�:`;.7.,: .:; � . • � - , o - .
�j/_�. :�tiN ���.+'" �-F,Q`�::'�r.�-�' :� � •� p0E
:(;:``+ :�`�:=: .'%. •:':�:�`:�:.:� ;. ; `i Yp / ��
�`,`' •.rJQ� ;�:�._;t...`.� �r.' ` /�, \
Y\ ... �.1\`\'�'����'�• l:ti:'i•.`-'� �' � 1 .�Yy
,4�� `' ��'r . :-i`��r:� � ` ` H}dron
: �:r'Q,.:� i��5�,�':�`. � o. �— ..
��%i= :��,:.,` �::�.�:•:
. '/`\_ ;�Z-"•} ..�-1 .-I�•�;r.` �� '�o
-T� � • �,Y-'.�+ +109 0 /
i;;�� ,;;�•P�; :.���:'=�., '
. ���.;... .:� :'�.f:` �._�.:� t107.9 /
�\_^�:���::` ?i�����}�. `O'� +IOJH
�^ ��''� 99 ��'1t��` �a /
� � ..
� -��T��..�'::; i rrWn si...s...r �
• �j``�'.i. :��'� �� /
ry ;.�'•�::� ' \ -
� �� �:.���`:�- o �
ryo;' ��;�����;�`t Z,r���,o � � � o666r�h
% '�"' o \ k � +tos.a /
;� �
h �.v�; _ - � � � r �ti10•
r:.. _ � k /
hY'�. iaaz fy .. / � %
�2',� ' ...- %
�'c�_; v
�•.. �
i;� 0 \ �.\'o i
_,,, , +,�
, .� � ,, ;�
� .:�t�� `a ��
i` _-�_• � /
� Gum CoN�od�
i'�:��:: � � P
�'..:� . f`��
i`r�t.. ��• \ � �os j ,d \ /
i.�.j=�.\•:� �d�� �� /
�,, l .�\`:<. 1 � +IOi.t / a. �0 M �T,
„�: �� . . o
r �� . y
=•{'. ';��•`.�; +lOf.! � /�� � /
) . � .�.. /
.I / �1J3z• 1L
+ �a.. o��z t? 99 � �
.\ . / �900 � a,���l�L +IOf.4 �4 ��
\�
�:�'rF �", G�� 5�` /
� �1<�J�` c• 9° `, .1,riU0 so. i�. i;'
+1 1.6 ,t� CJ .�i� G°c �t}' �,�• r
� So G° / wei��,�,! a �.`
� QivQu��z �/ � C
a r
a i-� ` 7 Red Ook 6 IJ tOps� ' / :�U0� w�t�� �rUv�`
�`ir a'ir �' , , .,h6 / j ^={ (.,n,:k
Vn�!I<�,�i_v
� i �Fj��1� 3.7
c� � ' k � /YO TES:
��� f / � .Z /'oof ton/a i ii�/ii�o/
/lss.r.n�� }�a�fico/ po%
� —Dcoole-s Exi'stii�y Co�fo��
/06 � �io,s..�i�
� / penaC�r Piopnt�� L'o�fe i
O Oc.�oles Piopa,r�d E/rroliv�
,�.01 . zaao s9. F� o�wB��ti� fo �� �,��
► / ^-�:.--t, O.�o%.r S,//F��c
Lot 5 & 6, B/ock 2, •'lnnsb�uck No�th 2nd Addition; Anoka County, Minnesota.
.�
'o/e: 1"20' / he�eby certi/y thot this p/an, su�vey or repo�t wos prepo�ed E�7,RUD S �0�18, ING.
�pk by me o� unde� my di�ect supervisron and thot / am o du/y LAND BURVEYORB
.9e ..,� Registered Lond Surve}ro� u�e� the /ows of the Slote of 918m LEXINGTON AVE.A10.
J NO. 9A7,YS Minnes to. Dated fhis doy of�19,y,�, GIRGLE PINEB,MINNEBOTA
Registrotion No. 9BD8 66mid-3626 TEL.�86-66bb
�
_ _ . _
. � �;
"',.,
�
�
WETLAND REPLACEMENT PLAN
A ril 14 1994
P ,
I. Background
Applicant's Name: Harstad Companies
Address: 2191 Silver Lake Road
New Brighton, MN 55112
Contact Person: Paul W. Harstad
Rice Creek Watershed file #: 93-61
Harstad Companies proposes to construct two single family lots located in the City of
Fridley on East Danube Road (see Exhibit 1, Location Map). The lots are officially
platted at the Anoka County Recorder's office as Lots 5 and 6, Block 2, Innsbruck North
2nd Addition.
� E.G. Rud and Sons, Inc. performed a wetland delineation and subsequent wetland
narrative of the site on April 20, 1993 (see Exhibit 2: Grading Plan, and Exhibit 3:
Wetland Narrative). The wetland basin provides storm water retention ponding for the
neighborhood, with a storm sewer iniet at the North of the basin and a storm sewer
outlet at the East of the basin. The storm sewer outlet runs directly befinreen Lots 5 and
6. The land use of the surrounding area is residential.
There is a 40 foot wide drainage easement along the back of Lot 5 and a 20 foot
drainage easement along the back of Lot 6. Nearly all of the drainage easement area
is designated wetland. Lot 5 is currently a buildable lot, with soil conditions suitable for
home construction. The wetland edge extends into the buildable area of Lot 6. A
portion of the wetland would have to be filled in order to construct a single family home
on this lot. (Please see Exhibit 2: Grading Plan.)
II. Impact
Proposed Direct Impact
Approximately 2,800 square feet of wetland would need to be fil�ed in order to comply
with the City of Fridley's front setback requirement. Harstad Companies proposes
instead to request a variance for a front setback requirement from 35 feet to 30 feet or
� less. A setback of 30 feet would reduce the �II area to approximately 2,500 square
-- feet.
(n� '�.
� �.�-�_.
Indirect Impacts
Permanent indirect impacts are not expected fo cause degradation of current wetland
values. The conversion of old field will diminish the amount of upland habitat to wildlife
on the site. However plant and animal life diversity are not likely to change within the
wetland basin. Drainage patterns on the site will not change.
III. Altematives Analysis
The following is a list of alternatives to the proposed wetland replacement plan and a
discussion of why each alternative is not feasible.
1) Choose not to build on Lot 6.
This alternative would adversely impact the economic value of the property. The
applicant's proposal to build finro single family homes meets all City zoning and building
ordinances (with the exception of the proposed front setback variance which would
reduce the impact on the wetland basin). The proposed construction is in full
compliance with the plat of record in the Anoka County Recorder's office. Revocation
of this right to use the land as previously approved would be considered a "taking" by
the applicant, and is contrary to private property laws of the U.S. federal government.
2) Construct a home on Lot 6 using pilings.
This proposal would impose undue and unreasonable economic burden on the
applicant, and would have the same effect as the "no-build" alternative. Pilings would
have to be constructed for the entire foundation of the house, not just the portion
located in the wetlands, and would cost in excess of$25,000. Piling construction is ?
not in accordance with accepted�n4�naArin� +anriarric and o�aGtlCes fOr a building of �
this ' �� ^��Furthermore piling construction would substantially disturb soils and
vegetation and would require the filli�of wetlands for the mobilization of equipment.
7 ���j
3) Build a smaller house on Lot 6.
A house small enough to avoid wetland impact entirely would be less than fifteen
feet in depth and less than fort-five feet in width. This small of a house would not be
marketable and would not comply with City ordinances regulating square footage. The
proposed house plan has already been modified to reduce wetland impact, and is
already smaller than other houses in the neighborhood.
Avoidance and Minimization
Avoidance
Wetland impacts cannot be avoided due to the shape of the wetland basin. The
applicant intends to avoid impact to the wetland on Lot 5, but cannot avoid direct
impact on Lot 6.
Page 2
,,--. _,
, �:-�:,,
_ _�
:
Minimization
The following steps have been or will be taken by the applicant to minimize
direct and indirect impact to the wetland basin.
1) Reduce the square footage (and foundation size) of the proposed home on
Lot 6. The home does not include a full basement, preventing the house pad
from further encroachment into the wetland.
2) Alter the size and shape of the house pad on Lot 5 to provide for contiguous
mitigation area in the back yard.
3) The applicant has also withheld the sale of Lot 5 to prospective homebuyers so
that a portion of Lot 5 can be used as mitigation area for the proposed fill area of
Lot 6.
4) Request a variance from the City of Fridley changing the front setback for Lot 6
from 35 feet to 30 feet or less.
5) Request a variance from the City of Fridley changing the (North) side setback
from 10 feet to 5 feet or less.
6) Compliance with the Sediment and Erosion Control Plan as shown on the
Grading Plan.
IV. Wetland Replacement and Mitigation
Harstad Companies proposes to create 2,500 square feet of comparable wetland
on site (see Exhibit 5: Replacement Plan). Sideslopes will be graded to a 10:1 slope,
lined with organic soils and seeded with native seed mixes to promote use by local
wildlife (see Exhibit 4: Wet Meadow Seed Mixture). The general shape of the
mitigation ponds will be designed to conform to local topography in order to create
natural looking basins.
This replacement plan will replace current wetland acreage for the wetland
acreage impacted by a 1:1 ratio. This ratio is not in compliance with the permanent
rules of the Wetland Conservation Act of 1991. The applicant considers the proposed
plan and replacement ratio sufficient for this particular site for the following reasons:
1) The proposed construction is in full compliance with all other laws governing
land use at all levels of government, including the plat of record at the Anoka
County Recorder's office.
2) The replacement plan replaces unavoidable impacts to the wetland by restoring
or creating substitute wetland area with equal or greater value.
3) The applicant agrees to monitor the site as described in the following section.
4) The original application for this project was made in 1993 prior to the permanent
rules taking effect.
�
� Page 3
, �'. �'.
.'.,
.�
V. Monitoring Plan
The monitoring plan wifl include:
1) A description of the project location, size, current wetland type, and desired
wetiand type.
2) A comparison of the as-built specifications versus the design specifications and
a rationale for significant changes.
3) Hydrology measurements such as seasonal water level elevations during the
period April through October.
4) A list of the dominant vegetation in the wetland including common names of the
vegetation exceeding 20 percent coverage and an estimate of coverage.
5) Color photographs of the project area taken any time during the period June
through August, referenced to the fixed photo-reference points identified on the
grading plan.
�
Page 4
(� �
EXHIBIT 1
,� LOCATION MAP
,
.... _ �� r�y� —�` � o� rK v � _ ao o I
�� �PIE ST � T` K�PLE ST. N.0� � t�� :c" o. �
. o ��� . , I
Ati �JR . r J^ N o T t�E�� Y
'N AV � �oa S' 'e �
! i �•iw AV N < !4� ' � N I;� F�*N. .
4 w i..o.� �
i[ �tc�- .o:w+�r. !� Ey . c�..,'G � �i �L/�,SH RW00 A .
. ��L4�liM[l� Q'� S i ■� ( Y "q/-_
' • • • T Y N.E.J�= •,t;n[ v+ � J� .
t .ee •t 81 �. � i.ti:.�. y I
� O '7 `�.�
M3 : � � � W ji � � o< ��i�i\ J ZWK: � .
yiN AV N E�0 � <:,�:r � � �� Y v�+T..�..'. � - � i
• - N = N = = i 1 e"'� � I
79TM Y W Z ' »T�< a �M Y Z
`` Q o ^ < �:° �v[Z W UKE6 �� e..m
E.N < ��TM z AV N.�. �� c .c m �.�u�f£ 5PRl�G�L.aKE �__,.
' a � 'c�'rv�'" ` � NT -
-�R• -B . ���w .�' . O
.. o• � : c =•...1 ¢ � O
s . J o (y . �( S
`O 61M pint�l n mv�RK+ g �)11M�VC 8 �i�t !
� =A�f 76 M� .v � z - � i �1
- N` �«p� M i .°t ' s�;e rc w c v ZBRO ON DR W.,
'' ' �a r � > c
u w [r t y=j u�..r��ta.ot:: o�. Y O Y
_ ^ •�J F, ♦ � ?� ai4e�✓�R �ON MD�GA S i� J 2 <
� i � m �e �rl.w� ' j� V �
^ `dy, - Z �v ' . E u 7 CO
•D�vE ��• �7 RDy L n V y Q� , :'� z
. ry( 1 i�. t� i* C
J I ~ .^ ",, � C > V�i = �
z � DR W ':
� � E
L
rt
.c �
m OOD �
W
� > •
... : `����� 5 Z � •
, i�j _ 3 a z
I �AV`
� ]�STi�EME ' N12up y �f
V � '
� � - _ � �oac�n N
wh�C N ����u m
�• Ricej Creek e COU'�TY RO�D � . � m
� �� ��l'' 69�H C • � r��. S ��OQBI � 1TN •V M.E. ,,� STMAN n
01NOORA N ( �,d'� �)4 4ri� ,� .
� _ fr - _ vEAT N� �9 C�\\ ��,� ��� '�., ' c.�-
Y' ' T� �( NAS10N '� • u o-�, , . ��— iT781��m /'� ,�'��r.y�4
� r .� ]}�6lTM�V� 11 � l�2 w,� «:'2RYr M�� •..I
t�`` �y e}�w. �' f
i JY ~N is TL�
��� ^ : � �� .'F°..y .. F w TMANE� ��i;� .w. �m
W � c �� 6 > �
� =TM O� Z ; C7 i ��m+� �
TM ■ �t 66 5 cac.n..u c < � ' ZC•
.:. � ra �j r tis W : sr
- ^�� MISSISS�P i a Y i"�> '
w��o _I55 SIP I���.m . � m � ! � u Z�,o. '� z t',
.°Tu. C � '� I
W Z'��'�Z y NW : 3� TMAVrI. �c' i�y.� x N
r v Z ��, F_ i F4^ r0 I
••<'� �. z �s < < a
� " R EK�RD ICE CREEK �
> C {
� _ 63ao�VE. �� p �• Z .w;, ! _
. < .s' � c
`p.a �.i C < «.� {i�.,. w.i s i ,E .
• ,,.,,w � a d� '�.
Q. � ' � _ 1� • N �Y '� ��.. .. �':?�-0' i
z in • ••• •'� �
+� �f'�Z N� ` r1��wLL•.. +( ,10�� �
i Av �E � u� ,. ' tlOORE QO . t= .�' ,,,,v.. �
�+ z� : r ��,.,.s .M =�;;� ,��' �,....
N E vf� pc rj i 16'w $T N W��nn...
<� LAAE �� �{ ��
" �+ � 3-•� G � � •� w e_p 1Fi2=1
� GARDEN � � O i ! '. :
. s �n � -.
_ = �M n• � y _ �. _ : � >.� � 'IS'w
� 5 H ' Z � � -",,.._ ' !�_-,: unn...
� y� �,�r.., ?�s� D
. .l � 'w'.' � 1�`IdiM S W>
� : ` f ..� � i•-. r "�
,47 TM'AV .N �E •y: Dp�w • 1 =� �' 1'.'`'� = � eC^��
Mx[w•n� c...� ¢� /E �i .� .�'.a: Sy 1.., .f �
t/�tt'a.MR M4 i:i., _� .�f • � Z�o.��< 1�.�".
[' � . �M � 1}�nSIM� C�
� = D�w".
V wa�w��MV ���er'�'�t w1��.�� t s
S9 t 'A � A �
-Z t � M _ 'C iCy��E •� �� 11� ,�f�.__
.i+.'
T
�
GR� ADING PLAN ��TZ
GRADING PLAN ,
For. �Qith Hsr$tsd
0
N •
i /O.LI.. . lC+'S�j'
..I, I 9�/oo ..
i Se .
,I� i . i
: ��:1 �. e \� � i
� 1)! � �p� . /� �s.
\ c I
� `���j'. p ' � / r: , .� S ..iac.t
I ,i' I , A �, h� ' 1 / � . . / , . .
. ���ry.1�� �� ��:. ' S�
`�y �� `� � v +��u
� : � �..
��� �_ �� • �//:..
�,� �� '�, � \•'i / •
� ` +rozs
;\ �� i ;C� /%.
�ii� �
\
NORII-1 , �`,,.,.;" ' ,)
i ` �� ��, �'%� , � �E�
c �� y �E
��. �L. ti��'.4F� n � l \ / , ..,:.
�5�. � .
� � O
r `;�Q�. '` / � ;�\ ��' Nwa
,�4�� " QQ Y �� ` �� 9� ��-� �
k `. '� � �c � �40
� : : .' .-\Q..>' .mv.o � �
i:;" ',��•9.•; ;"�: �-. p' frozs
�;
�.�., :C , l i•' � .�° rrwJ
i� ``' '� �
. 99 '�t�`, .
� � �4�'� ���� u.��..s.T�... , /
i I `l
. Y R� ; � � o / o
��M
A°,y s� � �� �� ti .�o ' � ,�6 ry0
' '� '� �i�. , -.�� ��� � \� h�D�'S .ios.i �
' 0 i � �` ��1�(;, _ / a {b�0•
� : ��� '�/'� � :� / V i k /
�� i1 / � � G ..� %
� �/ �' ' y � � �, ��
� � ::� t: , ,
�, , . , o o � o � /
I `c�� �''. :�i:,�� *�d� � �.
I '�. .t� _ Oump Lo((�ood
� � /
1 ` . :' , �
S ' � /
�.�,�.� �, . - ..�\.���,,�. �� >0
� I . , � �i
t
� � \l�. � +JO�.t/ `p
\ , +70l.1 � / / /� �
�,
�o /�•� 1t . :�'
_:_+_, / ,�,7 �o�.
1IOi.i M�' �
I i �J� S / �%I
0�5 / �.�
♦101.6 Ook// L°AV `p�tT'
N �
/aQ �'� 7 Red Ooka B'-/J" /
V`�lT � �1b6 / .
� 4 �5 �"� �
�•p b�8� / /YOTES:
�
D�a / / � z !'.er o.i.� .�f<.�.i
Arrvns� Ye.f.'cv� Lb/.wi
o —Oeoeles Erii/i�y C.n/>�i
io6 ri .i� ����lqOf 1 P�P.v�d c<�/..
/ � O Den./es PiePo.rcd E/rro�e�
�xe� i ,�BDO S9.F/. a�wo��a.vo� �e �v �'/�o�
/ - o....�.r S,/f F,.�c
Lot 5 & 6, Block 2,•'Innsb�uck North 2nd Addition, Anoko County, Minnesofo.
Sca/e: l�Z0' /hereby ce�fily thol this plon, survey or repoi( wos prepaied EGRUD ! $On18, �AIG.
Book by me o�under my direct supervision and[ho!l om o du/y LpIJD BURvfiYORB
Poge Regisfeiad Lond Surve}or un�e�lhe�lq ws ol fhe Stofe o/ 91Bm LBXINGTON AVE NO.
Job No...v,ss Minnes l�o�„D.o�e�dL this ��doy o/�M _19,�. CIRGLE PRJiB,MIAP.IEBOT4
— f..,��— '7tegislrofior vo,__�9 66014-3616 TEL.�H/ '�666
. ,-� r-�
o.. . ";�
� ° EXHIBIT 3
' !� (� (j� / p_ `C�� �� WETLAND NARRATI VE
!O. ,l,Cl'i C� / �
..�,,
:�
L4ND SURVEYORS
9180 LEXINGTON AVE. N.E.
CIRCLE PINES (LEXINGTON), MINNESOTA 55014
(612) 786-5556 FAX# (612) 786-6007
April 20, 1993
Wetland Narrative Lots 5 & 6, Block 2, Innsbruck 2nd Addition.
The wetland on the West side of lots 5 & 6 , Block 2 , is
classified on the National Wetland Inventory map as PUBF
(Palustrin; Unconsolidated bottom; Semiperment) type wetland.
A field inspection of the site was made on April 19, 1993 in
which I found this classification to be correct. The majority of
the wetland is an open water pond with a maximum water depth of 2
to 3 feet. The pond is bordered on the south end by a narrow rim
(< 10 ' ) of PEMC (Palustrine; Emergent; Seasonal) type wetland
(cowardin et al. 1979) . The easterly delineation of the wetland
, is defined by earthen fill that has been dumped on Lots 5 & 5.
'c There is no persistent emergent vegetation visible �.n the
� inundated area of the wetland. zlegetation along the ri:n �f tne
wetland include; Cottonwood, Black Willow (tree stratum) , Red—
Osier pogwood (shrub stratum) , Reed Canary grass, Blue Vervaiu,
Pinkweed (herb stratum) . The water level of the wetland is nt
its seasonal high. There is a storm se�.*er culvert (Inlet) at the
north end of the wetland that d::ains surrounding areas into this
wetland. There is also a storm sewer culvert (outlet; on thE
east side that controls the water level and drains tnis wetland
into an area east of Danube Road. Most of the natura�ness of
this wetland community has been lost to urban development. The
main function of this wetland is storn� caater retention. It also
has some wildlife habitat value.
. - , .��,cn�-�- ���i1�nQ _
�
� -
r�,,
�`
,
i
j . EX��BIT 4
WET MEADOW SEED IITIXTURE
Seeding Rate
Common Name�Speciesl �,pounds/acre�
Wild millet (Echinochloa crusgalli) 5.0
Annual rye (Lolium multif lorum) 5.0
Perennial rye (Lolium perenne) 12.0
Als�ke clover (Trifolium hybridum) . 5.0 •
Native Seed Mix (see below) 10.0
37.0
; Native Seed Mix - Incorporate As Manv Species As Possble (Minimum of 2 Grasses/
� Sedges and 4 Forbsl:
;
i
; Grasses and Sedges:
i
- Canada bluejoint grass (Calamagrostis canadensis)
{ Prairie cord-grass (Spart'via pectinata)1
Big bluestem (Andropogon gerardu)
Switch grass (Panicum virgatum)Z
Green bulivsh (Scirpus atrovirens)
� Fox sedge (Carex vulpinoidea)
i Forbs:
I
Swamp milkweed (Asclepias incamata)
' Angelica (Angelica atropurpurea) .
1. Blue veivain (Yerbena hastata)
�, New England aster (Aster novae-angliae) _
Marsh aster (Aster simplez) _
Joe-pye weed (Eupatorium maculatum)
Numerous other locally native species - consult nursery staff' and ta�or selection
to site specifics
� Planting rhizomes is preferable to seeding because some seed stocks have very
� low germination rates
ZUse only locally-collected seed
��iE�:�;�.
GRADING PLAN � �
ERItIBIT 5 ,
For. �C a i Lh N s r$t�d �LACEIN�NT pLqN
4
� _ V�.uPo.ec( �i�� `v -
,
�� � I 1 I r a��,�a 2t��4��,� ��
,
I .e,.z Fx�s��
j ; 9 yo`
''�'=�':��•,� Sc.
,J;��.-- , :v,;,.::.:..
:1 I (� '. ..'���� .. . . . � .
. .I 1):. Y� .'11 .
. �;�..ry •�P� 1
\p '� / �ss9
t!`i �A4(Sl. / -i � �� i io4S
i -�1}ry'1�. - ,�:i/: � ,
..�\���' \ / i �m„ `�
\ �.
� � \ � � )1 � �//:�
� � � �� � ��
: �� . ` � ,'/
.., ,.
,� i� ' it � �\ . /I� f107.5
�. •
NOHTH ' , � ' t�< i �, ,f; .:
t , �� _ �" -.•.boo�' �c� � .
/. \, _\ . ,\.: 1FQ .n' '��.l, r, �p .. .�`l�)
�' `,+Q t : '��r `\ `� / ,O ...
. t' . 1`\n'�� '; •ji /' , ` \` ` ' .yY_
,4� Y L �' 1 \ N�d-w+
I 1l' .JQ (r�l_l`1 ` 3 ' /oM �-�
(4� � �� � � (�- • � 14�
I:�,r\�:�� �..5> .' ^�,�Y,\'♦ 'T'' ♦l09.0
J` 1:'/:,\�. .
,�,�.9': / >'.. /
��y . \ .. \ ���"� ♦l07.9 /
\
;� -1,���� `��� � .N° +l�
i ,�� �:�� �:7{��� �' �\ ? /
'�o;� ���`!`,`��„ � V� � �/ 66o`�y
c� i:;�. � `� \� A6�� .ras.v /
;7:�.;�''-` � q ,�.,��.
i / .-( � b i/k /
�r �� i r
��,-< : i
�.(_ ;
�•� ' ,e �/ J ve-
r'- ,� � \ 'o i
.�,
�tt;'. �o
� a„�,n co�rw,oo�.� /
,+
� i1r��=�,�: � � ��� /
i.\ .;'�c� F /
�;... _.` ��� �p �
�,;;.l:':; : , .,o...� . y.
0
_ .,o.., � ,A�����' ', /ti l
,, ,
..�:.'�.' ` � .k�J��� /�� ' .
- 11•`1 r ,q9� 'p�
' / �90� �1 /r y��, � ♦/01.� J`b M�. /y1��
/ \1`;d` d,c G 0°yJ� � !`I .1�U O i� v i
\ 1
_. N .,ze �` ,.>b�' � � c��� / r we�I�,„.A :,�.
' oQ"0. � (� o/�be
/a0 i i 7RMPak e IJ �p�� / l��llf/.� w�il� ira�n�
��, � 1 �,A6 / Se i F�nr.k vor io„���+,
� �y���� ��
c� D�y b � //_ /YOTES:
�� 2 �a f ei/ .id i�./
Ar.rrinid ycifie/ Lb/,�
/06 � .,,,,s��� �Oc�o1�,r Fri:rfi�y C.o/a..�
� � ^�Dems/ir Prep.v�d �>/..r
p Oc��1�s P.eoer�d E/�rof.e�
�a.e� � .�BDO Sp.Fi! o�w.��oiio� 710 �� y:'/�o�
/ .,--:r—c D..a/✓ S,/f f..«
Lot 5 & 6, Block 2,•'lnnsbruck Norfh 2nd Addition, Anoka County, Minnesoto.
Sco%: 1'?0' /hereby cerfi/y�haf lhis p/on, survey o�repa�l wos prepored E.Ca.RUD t 80N8, ��IG.
� Book by me o�unde�my di�ect suparvr'sion and [hof/om o duly L4ND 0URv6YOR8
po9e .� Regis(ered Lond S�rveynr undei�ha�/qws o/fhe Sto�e o/ 9100 L6XINCrTON AVE NO.
✓ob No.i.v>,�s Minnes to. Do1ed fhis "'�day o/�M �19,�. GIRGLE PINEO,MINNEBOTA
77r.qisliofion No.___.J(i'Df'______ 66m14-3626 TfiL.�86-6666
;�-- =-s. GR� ADING PLAN ��
� _ _,. , -_ For: �CQi#,h H�r$tsd
- �„-�:
-: :�-;.:_..�.:, o
�..,�...�:r.it..e,a� _ N
..,."�'.._-;':i''Y3 • . . .
_.�...,.,. ,�.i� .�. .�.�.�.�.�. . . .
.. ..�-a..r , . i� . . . . . . .
� � io3 z. . . . . . ... FX�Sfin9 • . ._
:`,.._y...,...,� -- i-.:. :,L;,;..;, , •�. yo�se . . .
� � .��. :, :l . . .
�J,� ��'= � �
��;���;'`�;�%;.:`'«���� _ �'�a:' r / 's
� � f � .
�� `Z����'.`�0 p�� 1��i �`` �j '�� �� � ioc.s
- .i 1': 1
4 ,;`,,'�.�ry�� 1 � ;:�I:. � '
� '':t:�`��"�� , . • � � ;l .
1, ., � +����
l� �
-s rw.. � \ `,•. ` �� � . �
�. r;ti .,1: t� ;�
J `\ �I.• •\ ��
' ��. ;� � `\ �,\-.�\'{% � �' f //:�.
7
!
,..��,G{,•��,�,>'� .l ; 4t. �1i���' \ :� � � �:� ts
` i .
(�� � .� ��a.~ f.� �. �\t'. � � . �•.
'1. ;�-� �ti' � > >. �`��i� .;/. �� +101.5
.-�%xr_-._�.� - D� `yti� ��.'�y� �� t`,� �J . '•.;,�
�� _� N��7 1(-1 rt:/�� - ���=�,�''` J�::�' %7 rµE�
_ -� t../ - � '}� '•',;"l<��':t�'��4i• � �'
,.�'s-.�. �`�'�� :�L-�'��i: '�� �;;-r,:;:'�� �` ,,�p E� -
.�,�., `}�. �`y 4 . _ ioa�i ,.1 YN" /
�_ \ 1
;,C'` r.;TQ ``� /` 1 `' w't
= �• �--`� CYl�`•f• �t`\�� -�• .�� / 4 1 L y �.
r�z'` �. /� �'F. j_� ...e��I��' � `� ` �i`p��+yd'cn
- i t��,: ;i l'�t;f �l'��r•c'�.�~;. 9" �/low L� � .h��-1� .
: /\'�' '`��t � �� `1` � ,O,
M-i' :M# 1�l�. h' . ,' . Icko � ,
i�c ,\`y�9:: ` ����Q �+ .�� +109.0 . �O� /���
i '� .� \ � �.� ���t � �
��'.=�� \ � ,y�! � :�,.,:�•` Q +707.9 / •, oQ�y�
. . .-..� '\' �"�\� .i� .�.: •pe � +lOJB/i.2��
� f:���.� 99 ''��' w.� / / O
_ p -�� �k �..�,���5....
�?��'"::-"''-a:#.,'r' .o, �o '''�`% _ ,\� ` �� \: '�'1 �'•� \ •�� / y0' o
O ``� i��=:� �.L,\.,. ,'.. .�:. �r�.. G ��, .. �
1:
�, ri� „� .-. _ ,: : .� + � � � �6.
'` �4 �., ' ,- - ,=i.:7►,�..`;:.��•, �o � 6
,;w- r,. . �J F�': �.�. -�- y e-��.�+� ; \ \ / 1��, +�osa �
� i.v_ � c , •�� : i ,
�3�� r' - • � .�-��' , j: '� '':'� ` � �0 /
-- -�-a �.�-{. _ [/� `.`'..� �.", �j���` :1'c�: tao.x ly �'��� / � �/
• �4 ,� `tF� _ � �.� } � � \� /
-„j�c. . � .' \ l�y�♦\ ):•�R �// 0
.:'.."'^�_�. ��� � . �i. �f . V'"=M1� .� '' '+iaa '� ,O � /
i���."�mi �'!�- '<�• � �
�,.�3:.�.�� '�=, `\ •? .oy° O
.. :� � t .;::i^;, 1 /
-�...•r-zc•a.r,� . i�. �• ` ;. ;l;� , � ,w� •�
���"-..�.:� � � . �• '•'`c�;{oo.s /� Gump Col t ood�
' ;;�`'...
°-' i•�•. ` • '' ::. •'• �°�'� /
��, 4r`ti..,.- `:, Yi_';�:_ ' , �s,'� �
_'�^"€'--'3 i i /r ��� .- t� '�<T�' � !�
1 � - � %� /
`', ��� ';, ' � . �f ��,\lt'�_ 1 +104.4 / k y
. �
�.r�r..v..rr �•.�'�. '°�\ ;� .`4:` �/ .�� s
� \•;ti�;:;�`' � ' ;, ioa +104.7 � / � /
-�---'�'-�--.• p / �.\fx +, w- / 99/ _
� � 'Ory
��� � / e�e�G`� 3�. +104.4 �C�9 '�V/�
- - - �� �� �c�_� G�� yd` /
. .::,�-�--•.�:..� � �c t` a�,o 8� �
N +701.6 Ook � S�\y O G GDitF /
._",-'_.•-.. . ' e /�
- '�.-;-t':r,' �1 ,r /
.;::'�_.,���:� ��Q lS� 7 Red Ooks B'-IJ' �D„,�,� ♦
'.".,'""� �� ��Q° b��1 �1 k6 /
--::.�.�.;� - o� , ,5 a,� s�
.,. ._. c�. �' , k1 � iYa rEs:
o /
� �R / � .Z /'ao1 Con/airi ii>>ii✓e/
,9r,rvm�v� y�ifico/ Lb/.�
/D 6' � �..ii� —Dcaol�s Exi,rfii�9 C<�/e..�
� ���Deno/is Piapa,r�d Ce.�/e�.i
O Ocneles P/oPo,rcd E/erat�v�
_a _.�..., ,�..ol � zaoo s9. F,� o�wa���� �o �� �i��
_. � / =—.=-z, O...ef�J S./f F�c�
___ ___ Lot 5 & 6, B/ock 2, •'Ynnsbruck �lo�th 2nd Addition, Anoka County, Minnesota.
Sco% 1"20' / hereby ce�tify thot this plon, survey or�eport wos prepored H.G.RUD d $ONB, �NC.
- Book by me o� unde� my direct supe�vision ond that l om o duly LAND BURVEYORB
- Poge -�- Registered Lond Surveyv� unj/er the / ws of the Stote of g18m LEXINGTON Avfi.NO.
✓ob No. sn�ss Minnes to. Doted this "�doy o%19,�, GIRGLE PINEB,MI�AlE80TA
Regist�otion No. 9BO� 66m14-3626 TEL�86-66bb
L
. � \ �/'
�O�i AND BARB r ISi-I!?R
5477 E. DANUB� RD_
FRIDLMY , MIV 5540�
April 6 , 19S3 �
l�"�
City of �rid� ey �� �,?
6431 University Ave NE �
Hridley, MN 55432 � ��j
�� � / ��
Attn: Scott �.ricksor_ 1 /'
Engineering 7ept . /'
Dear Sirs :
I am writing in regard to two vacanL iots across tne street from my
residence at 5a77 E �anu�e Rd. i hau previoLsly discussed this
.- matter wit� Mr . Erickson on P_pril S , 1993 . � thought it would be
wise to put my comments in written iorm to preserve them for your
and my use . I �2ve lived at my preser_t address since 1978 .
initiaily I was told by my builder that the iots across the street
were not buildaple because of city ordinances and DNR restrictions
since the lots contained a pon� used by wildli=e and constituting
at wetland area . I aiso understood tnat tne lots served a drainage
function for the entire neighborhood anu a major d�ainage pipe runs
irom that lot under East �Janube Road and a� ong my l.ot into �arr
Laxe .
I ur.derstand trat over tne years , tne owners , Reith Harstad , nis
sons , and/or other nominees have attempted to se'_ 1 the lots and/or
build on tne lots . About two or tnree years ago, Harstad moved
considerabie amounts of fii � dirt onto the lots fror�; er.cavations on
otneY �?omes ze was pui_ding �earny . �o=t;or_s o� +�e wetland area
were f i i i eri ir_ and � and my r.eighbors a*�xi ous i y ca'_ �ed tne c�ty . P.t
tnat time we were �oid t�ai , wiiile a ceriain amount of fi � � nad
been a� lowed t0 �'J? Dl "c1C2Q OI1 L�"le �Ot , t���r� 1?dC �2�r? a considerablE'
amounL over that placed on �ne lot . ,re ci=y �orbade further
fi 1 1 ing ot tne pond and so tor three years we rave ? ooked z't mounds
O� �l.i� ly1P.C� O?7 LiZe lOt. . W� WE'_"? }OlCI }_^.a'`.. hdL`jt�Cl Wc3S SUDDOS2� +O
iP.nV? t!lA Q1L"L Ofi tR? 10t }�t,tt Of COtlrj? P_? P_?VEi C11C� SO . YZ? were
t0'SCI that tR@r'? r?dC� DEP_;1 unauthori?2C( '�L'P.?D1?:g on :ne iot Dl:t �! !
the trucks I ever saw dumping were tT-�zc�s w�� fo� � owpr nack to a
Harstad building development a mile or so away .
Now i :�ave been �o�d by a contractor that he is going to buy these
lots irom Harstad . �Ie snowed me a olaL r�:a� r::a� � :idic� 'tes a 20 '
drainage easemen� penind one of tne ioc� ?-�e a 40 ' drainage
easement bnhind che ot�er iot . +�e also t^id me tnat �otzing
prevented 'nim �rom fi ? ling the swamp ar_d/or �r.cavating it a�c
13.39
r — . �, � --._ . ... . .. . . . .
t
+ ,`,%,V.v �,
r_1 '_:T?:.natir.g d� _ OT ti1C Standi?7q_ W3��: "T;�: _ � _ V . .. _ dL�rinW i ,-,Qr,��Q .. _
WOi,11G f??V2 t0 �eave t!lE' COritOU1"S tG 3 ? lOW QIG1P.dG? 1P.L0 �dL"L" �,d�'�
3CYOS5 Ltle SLreE`t . tie toid me ne o:annea t0 ! CZV� Li?e ware'_' OIl t!1�
40 ' easement but I must say he did not reei �e nad te do �his . 'r.�
snowed me tne plan of a home ne proposed btiiiding . This nome wouid
barely fit on the lot with the 20 ' easemen� and would come up
directly on the easement lines on one side and in tne rear . rie saici
the nome would occupy the area that now contain� water .
I ha�✓e several concerns . They are . as foliows :
A. Will and can the City guaranteerne that alteration oi a major
nature such as is proposed will not cause more groundwater pressure
on my foundation and possibly cause me to have waier problems which
I do not now have? How will the City make sure tnat drainage
easements are protected and properly maintained?
B . We nave aiso been told by builders that soi± tests snowed that
any nome construction would require sinking posts to support the
house foundation and such effort would make the lot and home too
expensive . I was _ told by the prospec'tive builder that new soil
tests were going to be made. I don ' t know if he has seen �ne oid
- ones , or been to?d about them, but why would ar?ything nave chanqed?
I think the City should look very careiu� ly at any new soii tests
that suddenly show facts different than old tests . I am not
interested in having a half-built home that sits idle because of
water problems and soil problems tnat should have been foreseen .�
C. What about the wildlife that uses this area? What about DNR
protection? What aAout the City ' s , County ' s and State ' s n�eds to
balance development against environmentai protection? i believe
tnat the history of this iot is such that no one, ir_ 1977 , ever
seriously thought they would or could build on these lots .
D. What about the noise and dirt that accompanies cor_struction
projects and is not expected in well establisned and completed
neighborhoods?
E . Wnat about the ienqihy period of negiecL oi t:�ese iots anci tne
i1_ iegai cumping on the lots? When w� i ? this be cieaned >>�? fir�
preser.t owners of these lots have ne�Ter cared about City
regulations and neighborhood well '�eing . They only cut th� weeds
and stopped filling when it was demanded . Whv s`�ou?d we ��; ;eve
anything t�ey tei7 us now?
I wisn to be advised oi any permits issue� �y L��e Cit� rGgardina
tnese lots _ � want the City to protect a: � of iega? rights
avai? able to me so I may raise my objectior_s to plans for
development of tnese lots before such plans are approved. I wish to
be notified as to whom I should ca� i if L nav� iurther conce1-ns
��egarding these lots . Fina? ly, as a citizer. ar.ci taxpayer of tne
City , I expect tne City to only issuE perrr.its for construcrior o^
tnis property after the City has fully examined the historv of th�
iot." the soil tests , both current a�d 'nistorical , a:_,1 ttc�
13.40
c
j�_ ��1
e? j �
�0��_^_� _�: _ WaLE?L" �?=:J::_ �I11S C:�'V['iOJ]71F?Tl� mi ��:1C C?�15�' �GT �lir'i011??G:.PCT
c"t1-:!�. WE'1 ! �Si.dU11Si-�:.� ??�1C��v'JY� . T� . C2i1 IJC OL �':1' f'�rtner heln OL-
assista:.cc i wiil giadiy do Wf1dL@Vci" t~�e ��ity fee� s � shouid to
help in this matter .
Yours truly ,
C. Tom Fisher
i h
13.41 .
���v':-�:::::>;�::�'
��� ;. .;,...:,:,�.:�
� � �.:::..:�:
:::�:::::::::. ..::::::::vt:h: � MEMORANDUM
w�:�.........:::�; A
::����t :
,«...,....�....�
�!''� `��'����"�� � PLANNING DIVISION
;<' `;;;;',,�edevelopmerrt �
;>�:i�>zi::�^«nic •r•
ii �evelopmeM f;
ri����'
......,,.::�;.�:�`
DATE: June 6, 1996
TO: Fritz Knaak, City Attorney
FROM: �.fi/Iichele McPherson, Planning Assistant
SUBJECT: Review October 1995 Council Action and 1996 Wetland Conservation
Act Rules Regarding 5470 and 5490 East Danube Road
Please review the attached materials regarding the historic filling of the lots located at
5470 and 5490 East Danube Roatl by Harstad Companies. Specifically, please review
the wetland replacement plan request by Harstad Companies, the October 24, 1995,
letter outlining the City Council's last action, and the 1996 amendment to the
Administrative Rules for the 1991 Wetland Conservation Act.
Staff would like to verify that the City's position is supported by statute, either via the
1991 Wetland Conservation Act or the Uniform Building Code. If it is not supported by
statute, please outline several alternative positions for the Council.
Please respond by July 12, 1996. If you have further questions, please contact me at
572-3593.
MM:Is
M-96-261
HOLSTAD AND LARSON, P.L.C.
ATTORNEYS AT LAW
WAYNE B. HOLSTAD OF COUNSEL:
RUSSELL L.C. LARSON 3�J3�J VADNAIS CENTER DRIV�
KAREN HILL FJELD'�' SUITE 1 30 FRFDERIC W.KNAAK'�
JOHN L. LINDELL SAINT PAUL, MN 551 1 O
LARRY S.MOUNTAIN TELEPHONE 61 2/490-9078 �ALSO LICENSED lN
'�'REAL PROPERTY LAW SPECIALIST FACSIMILE V 1 2�49V'1 58O WISCONSIN AND COLORADO
July 25, 1996
Ms. Michelle McPhers�n
Planning Assistant
City of Fridley
G431 University Avenue N.E.
Fridley, MN. 55432
I�E: 5470 & 549p East Danube Road . .
: . , , .. . . . ,. .,. ,. ,. . . _.. . ,
Dea� Ms. tVlcPherson: . . :, .,. V �.�, :: � �: < < ;;,; z-; � �s::x .Y __. ,;,.� ���II
This letter is interided to farmaiiy confirm the analysis and advice I gave to you last week
concerning the issue of whether changes in the 1991 Wetlands Conservation Act wouid
:��,�uire ti��e City to chang� its posi��ic�n concerr�ar�� its prior refusal to issu� fill permits to
Harst�d Compar,iEs fnr the ab�ve-referenced lots.
�s ynia r�oted, the Councii's action occurred or. October �4, 1995. Since that time, the
iNetlands Act was amended to incluue less restrictive fill prohibitions �n a number of
^lCG�,.it'T1�1a�'1('-Pc, YI111 r1(J#Pr'I jr? p�a�l^!tE�r a ,�n. ���i�i�n �f yh Ani v' rm' a I�,ii•`
• _, . .-� , � r • r ^ .e . t!��.# n r� �� ��t�' #' �i � �f �� t�
�,QGC�fcet af certain wetland �reas in Anoka County without a permit. If that were allowec! ir�
t��is is���anc�, vir��tally the �ntir�� remaining �v�tland area rauld be fi�led without any permit
re�ui���mer�t (ar, presumably, er�f�rcement) by th�� City. Mc�reover, you were concerned that
the n�w re�s�irements would effectively render the City's prior actions useless by permitiing
Harstaa to �o the f�liing he wanted without regarr� ta the priar prohibition of th�t acti�n af ±he
c;ty.
VV� hav� �arefuli_y reviewed �h� W�tlands Act and its recent amendments, and arP
pErsua��d that khose les� restr4c���e cio NCU�� apply ir this instance. A� i ��intec� out ir� �ur
di�cussior;, the r�ew, more �erm;ss��,fr �tandarc+s are a,�plicak,le on�y to generally s�as�nal,
�:I�ss�s I, li, VI or Vif We#I���d� fh�.t �re n�7t themselv�s r�e�ar por�ds or �ther ap�n water. It's
nsy �a�d2rstanding thai tt�� Haratad io�s are Class !!f ��(etiar���, which are identified by
Ms. Michele McPherson
July 25, 1996
Page Two
various plant types as generally having some standing water and are characterized by
cattails and similar aquatic plant life. Moreover, it is also my understanding that they are
relatively close to a larger pond. If these wetlands are within the area governed by a
shoreline protection ordinance, the terms of that ordinance, if more restrictive than the
statute, would apply. The City does have the authority, though, in its discretion, to increase
the deminimis amount in those cases to 1,000 sauare feet, which I understand has not
occurred in the City of Fridley.
Although I am neither an engineer or hydrologist ( and the City would do well to confirm with
its own engineers or other experts whether my assumptions about wetland classifications
here are correct) it is my understanding that the wetland category at the Harstad site is NOT
one of the classes to which the new amendments apply and, accordingly, the standards that
were in effect prior to the passage of the amendment to the Wetlands Preservation Act
remain in effect. This would include the provision requiring a permit for filling in excess of
400 square feet of any wetland governed by the Act that was relied on by the City as the
basis of its earlier actions.
I hope this provides you with information that you need to proceed on this matter. As always,
please do not hesitate to contact me if you have any additional concerns regarding this
matter, or if you feel a need for further clarification or authority.
Please also let me also extend my thanks to you for your patience in awaiting this response.
Your file will be returned to you under separate cover.
Sincer�ly, �'
� � - ;�� ' � � � � � � �
,
:�����`� � ��'l�, ,
"Frederic W. Kn ak
Fridley City Attorney
cc: B. Dacy
/
t
/'.:�,.r�:\":vy;2iZ<;�:. ``.;� �
�����} {��� �'�•_:
h v�.`.�:.K:?_ip,_� ��`ti:`::`.•'::::`::
..{::.!al_ffi�~ `�
`jvj:T��l'��:::nv>....:.�`:
�������������������_� x MEMORANDUM
<:�?de::�etzre}�t
;'i i:[z::«<`:>�:::>:... ;:.;:.;:.;:.::.:.:.:.;.
E:'����:>?::':ci::3:3> �iE
,�`"`"'''`'�tedevelopmerrt ti: PLANNING DIVISION
��«,«„�� ::.
;:�`�:::>:.>:
�?�?:' ;:_�5evelopment
k::::�..._
...........::�����`
DATE: August 14, 1996
TO: William Burns, City Manager
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Councilmember Schneider's Inquiry Regarding Paul Harstad's Lots,
' 5470 and 5490 East Danube Road
I� Staff inspected the vacant lots located on East Danube Road on Tuesday, August 13,
1996. We observed no evidence of surveying activity on the properties. We will
continue to monitor the lots and require submission of the attached items prior to
issuance of a building permit.
MM:Is
',
cc: File, WR #94-01
M-96-378
..� , . �
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, MAY 18, 1994
_____.,_______________________..__________________.._________ ____....
CALL TO ORDER•
Chairperson Newman called the May 18, 1994 , P nning Commission
meeting to order at 7 : 30 p.m.
ROLL CALL•
Members Present: Dave Newman, Dean aba, Diane Savage,
LeRoy Oquist, C nie Modig, Brad Sielaff
Members Absent: Dave Kondri
�I Others Present: Barbara acy, Community Development Director
Miche McPherson, Planning Assistant
Pau arstad, Harstad Companies
Fo rest Harstad, Twin City Townhomes
edd Mattke, Mattke Engineering
Ed Dropps, Cypress Development
See attached list
APPROVAL OF Y 4 1994 PLANNING COMMISSION MINUTES:
MOTION Mr. Oquist, seconded by Mr. Saba, to approve the May 4 ,
1994 , lanning Commission minutes as written.
UP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
TION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACEMENT PLAN,
WR #94-01, BY PAUL HARSTAD:
Per Section 205. 27 of the Fridley City Code, to allow the
filling of a wetland for construction of a single family
dwelling on Lot 6, Block 2 , Innsbruck North 2nd Addition,
generally located at 5470 and 5490 East Danube Road N.E.
readin
MOTION b Ms. Sava e seconded b Mr. Sielaff to waive the g
Y 5 , Y
�
of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIFD AND THE PUBLIC HEARING OPEN AT 7 :32 P.M.
Ms. McPherson stated the subject parcels are generally located near
the intersection of East and West Danube Roads, east of Matterhorn
Drive, and south of North Innsbruck Drive. This request comes as
a result of two actions--one at the state level and one at the
local level. In 1991, the State Legislature passed the 1991
Wetland Conservation Act (WCA) . This Act is an attempt to limit
the loss of wetlands to no net loss. The City adopted the O-4
13.42
. • • �•-
. , .
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 2
Overlay District which is the Wetland Preservation District. This
basically put the State Statute into a working document that the
City can use to enforce the State Statute passed in 1991.
Ms. McPherson stated the petitioner is requesting that this
replacement plan be approved to allow the filling of 2 , 800 square
feet of Type 4 wetland. The replacement plan proposes to create
2 , 500 square feet of Type 4 wetland.
Ms. McPherson stated the petitioner has also applied for variances
�which will be heard by the Appeals Commission on May 24, 1994.
Ms. McPherson stated the subject parcels are zoned R-1, Single
Family Dwelling, as are the surrounding parcels. This particular
subject parcel has had a lengthy history regarding to the wetlands
located on it. The earliest documentation was in 1973 in which
the property owner in developing the area requested that the
assessments for water main, sanitary sewer, and street construction
be reduced on these particular lots due to the fact that they
might not be buildable due to the presence of wetlands.
Ms. McPherson stated that in 1977, the DNR declared that the
wetlands located on these parcels and other parcels in the
Innsbruck area would fall under the DNR's jurisdiction and would
require permits from the DNR prior to development.
Ms. McPherson stated the remainder of the documentation occurred
in the late 1970s, predominately in 1977 and 1978. In 1986, the
City issued a land alteration permit to Hearthstone Homes to fill
the properties from the front property lines to the drainage
easement located 20 and 40 feet from the westerly lot lines. In
reviewing the plans submitted by the petitioner, staff determined
that the filling did not occur to the extent that would have been
permitted under that land alteration permit. That land alteration
permit expired on December 31, 1986, and the City has not issued
any subsequent land alteration permits.
Ms. McPherson stated staff reviewed the aerial photos located at
the Municipal Center. In 1977, the aerial photo showed that an
extensive Type 3 or 4 wetland was located on both 5470 and 5490
East Danube. The 1981 aerial showed that filling had occurred on
a small portion of the wetland on Lot 5 which is the northerly lot,
and in 1985, no further filling as compared to 1981 had occurred.
Ms. McPherson stated that in 1993, staff inet with the petitioner
on site as a result from a complaint from a neighbor. The
petitioner was informed at that time that he would need to comply
with the 1991 Wetland Conservation Act prior to the issuance of a
building permit.
Ms. McPherson stated the petitioner is proposing to fill the lots
in order to construct single family dwellings on both Lot 5, 5490
East Danube Road, which was filled previously, and Lot 6, 5470 East
Danube Road. Lot 6 will receive the most impact for the wetlands.
. 1 , i �
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 3
Ms. McPherson stated the petitioner has submitted a Wetland
Delineation Plan as well as a Wetland Replacement Plan.
Ms. McPherson stated a Type 4 wetland is located on the subject
parcel. Wetlands of this particular type are characterized by open
water with a depth of 2-3 feet. Vegetation associated with this
wetland includes cottonwood, black willow, dogwood, reed canary
grass, and pinkweed. This wetland is also part of an overall
drainage system for the neighborhood.
Ms. McPherson stated staff has determined that the subwatershed is
defined by Matterhorn Drive on the west, Gardena Avenue on the
north, and I-694 on the south. Water flows west from the wetland
west of West Danube Road, under West Danube into the subject
wetland, and out of the wetland under East Danube Road into Farr
Lake. In addition, Farr Lake also receives storm water from Black
Forrest Condominiums and the North Innsbruck Townhomes.
Ms. McPherson stated that in the petitioner's wetland replacement
plan, staff reviewed the requirements of the O-4 Wetland Overlay
District which has been adopted by the City and which includes the
requirements of the State Statute. The petitioner is missing eight
items which are required as part of the submission of the wetland
replacement plan for the impacted wetland:
1. Wetland location with a ublic land surve coordinate of
P Y
the wetland center -
2 . The overall size of the wetland including that portion
not on the subject parcel
3 . The wetland type as defined by USFW Circular 39 and
National Wetland Inventory mapping conventions
4 . A soils map or soils information provided by soil borings
5. The size of the watershed draining into the wetland area
6. Location of inlets and outlets
7 . A map or written description of the land use within one
mile of the watershed
8 . Evidence of ownership
Ms. McPherson stated staff inet with the Rice Creek Watershed
Administrator, Kate Drewry, on the site on May 10, 1994 . They were
able to speak with one of the neighbors at that time. The
Administrator supplied staff with a second delineation plan that
had be-en submitted by the petitioner in April 1993 . � The two
delineations did not match; and on May 11, 1994 , staff conferred
with the City's consultant, Peterson Environmental Consulting to
do a visual site visit of the subject parcel to determine if the
13.44
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 4
delineation submitted by the petitioner is accurate. The
consultant confirmed that the delineation submitted by the
petitioner is accurate and would be acceptable as far as the
Statute and ordinance.
Ms. McPherson stated staff reviewed the sequencing requirements of
the wetland ordinance. Any developer wishing to fill or drain a
wetland needs to go through five steps to minimize or avoid impact
to wetlands. The petitioner did provide three alternatives which
would avoid impact to the wetland:
l. Choose not to build on Lot 6.
2 . Construct a home on pilings on Lot 6.
3 . Build a smaller home on Lot 6.
Ms. McPherson stated the petitioner dismissed the first alternative
using the "takings" argument that he would not receive the economic
return he intended to receive when he first purchased the property.
The petitioner also indicated that there is an exemption in the
State Statute which applies to platted properties which have
improvements and/or infrastructure installed or having local site
plan approval, conditional use permits, or similar official
approval by a governing body or government agency.
Ms. McPherson stated that while this particular parcel does have
utilities stubbed to it and there is infrastructure which would
�'' serve this particular lot, the petitioner did not apply for a
building permit or land alteration permit within the window that
is permitted in the State Statute which is from July 1, 1986, to
January l, 1992 . Staff is reluctant to extend this window outside
the five year window defined in the Statute.
Ms. McPherson stated the Board of Water and Soil Resources (BWSR) ,
the state agency that wrote the rules for the State Statute, would
have the regulatory authority to make the interpretation that this
parcel would be exempt from the State Statute based on that
particular exemption. Staff is taking the stand that the exemption
does not apply to this parcel.
Ms. McPherson stated the second alternative the petitioner
presented was to construct a dwelling on pilings. The petitioner
stated this would be a cost-prohibitive alternative and is not an
accepted way of constructing a dwelling unit. The petitioner did
not submit expert testimony from a structural engineer to support
the statements he made. The petitioner should submit such
information from a professional to support his argument.
Ms. McPherson stated that in the third alternative, the petitioner
stated that a smaller house would not fit into this particular
neighborhood nor would it meet the City's minimum house size
requirements of 1, 020 square feet. The petitioner stated that a
house size small enough to meet the setback requirements and to
PLANNING COMMISSION MEETING, MAY 18. 1994 PAGE 5
avoid all wetland impacts would need to be 15 feet by 45 feet. The
petitioner is correct that the house would not meet the minimum
dwelling size; however, if a front yard variance was granted by the
City, the petitioner could construct a house pad of 30 feet by 50
feet which would eliminate most impact to the wetland and would
allow the petitioner to possibly fall under the 400 square foot
exemption which is in the Statute and the ordinance.
Ms. McPherson stated the petitioner also did not explore the use
of retaining walls to reduce the amount of fill needed around the
dwelling unit along the rear and side walls.
Ms. McPherson stated that in terms of the wetland replacement plan,
the last item staff reviewed was the information submitted and the
replacement ratio proposed by the petitioner. The State Statute
and the local ordinance require that replacement be at a minimum
rate of two acres created wetland for every one acre of wetland
which is impacted. The petitioner is proposing a wetland
replacement rate of less than 1: 1 if no setback variances were
granted by the City. If the setback variance is granted by the
City, the petitioner could meet the 1: 1 ratio of one acre of
wetland created for every one acre impacted.
Ms. McPherson stated the petitioner also did not submit
approximately eleven items which are required as part of
identifying the replacement of wetland and also the monitoring plan
which is required to monitor the created wetland for a five year
period after the wetland is created.
Ms. McPherson stated that as the petitioner cannot meet the 2: 1
ratio, the City cannot approve the replacement plan as the State
Statute and the local ordinance require a minimum replacement ratio
of 2 : 1.
Ms. McPherson stated staff recommends that the Planning Commission
recommend denial of the replacement plan as it is proposed based
ion two findings of fact:
1. Feasible and prudent alternatives exist which avoid
impacts to the wetlands (Section 205. 27 . 05. D. (3) ) .
2 . The proposed replacement ratio is less than the 2 : 1 ratio
re uired b Statute and local ordinance (Section
q Y
205.27 . 10.D) .
Mr. Sielaff stated that the Environmental Quality and Energy
Commission reviewed this proposal at their meeting on May 17, 1994 ,
and passed a resolution agreeing with staff's recommendation and
stipulations.
Mr. �a�l Harstad stated that he is representing Harstad Companies.
He stated this is primarily a procedural matter. They are well
aware that they have not met the very stringent requirements of the
Wetland Conservation Act. They are asking for the Commission's
13.46
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 6
denial, and then the next step will be to appeal that denial to the
State Board in the hope of receiving a very specific exemption in
the law. It is regarding the fact that utilities are stubbed to
the site, the lots are platted, etc.
Mr. Harstad stated that in the event that they do not receive that
exemption, they would then have to find feasible and prudent
alternatives as described by staff. If they determine that a
smaller house size as suggested by staff is not sufficient for
homes in this neighborhood, then they would challenge the law at
the state level.
Mr. Harstad stated that subsequent to the Wetland Replacement Plan,
he also sent a letter to Ms. McPherson dated April 29, 1994, in
which he requested a 15 foot setback variance for Lot 6 and a 10
foot setback variance for Lot 5. The purpose of this variance was
to minimize the impact to the wetland. He would still like to
proceed with the variance request. If they receive the variance
as requested, they would be reducing the fill area from 2 , 500
square feet to 1,900 square feet.
Mr. Harstad stated floor plans were submitted, along with the
Wetland Replacement Plan, one of which was designed in early 1986
that was to fit on Lot 5. The proposal by staff to build a two-
story house should be considered, but it would probably be a two-
story house without a basement, making it very difficult to sell
in Minnesota.
Mr. Newman stated he appreciated Mr. Harstad's candor as to his
intent for this request; but if Mr. Harstad needs to build a record
for his appeal to BWSR, he is invited to take advantage of that
opportunity and supplement whatever information he has already
given the Commission and those in the audience.
Mr. Harstad stated staff has stated that there are a number of
items that were not included in their Wetland Replacement Plan.
They are aware of that and are happy of the fact that the
Commission will deny the request because they are not meeting the
2 : 1 requirement. He would have a difficult time if the Commission
tabled this request until they were able to submit all those other
items. Some of those items are time-consuming and costly, and they
are not sure at this point that they will be required to submit
them prior to receiving a decision from BWSR. He stated he had no
further comments.
Mr. Bob Horeck, 5505 West Danube Road, stated he lives on Lot 9,
directly behind the stated lots. They built their house on this
lot in 1974 . At that time, they were promised that Lots 5 and 6
were unbuildable and were going to be declared as wetlands and were
going to be left as wetlands. He stated they purchased this lot
because they wanted to live by. the woods and they wanted privacy
which they have had for 20 years. They spent five years trying to
get Lots 5 and 6 declared as wetlands; and in 1991, they were
declared as wetlands. He stated nothing has really changed, except
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 7
for the construction that was done by Harstad in 1992 .
Approximately 20-25 truckloads of dirt were dumped primarily on Lot
5.
Mr. Horeck stated they have the lowest lot in the neighborhood.
The road on Lots 5 and 6 is roughly 10-15 feet higher than his back
yard. If those lots are filled in, all the drainage has to come
into his back yard. The soil is solid clay, and clay does not
absorb the moisture. Since the fill happened in 1992 , they have
had water problems. They have to run their sump pump constantly
to keep water out of the basement. Right now, the water is almost
at the highest it has been in years. By filling the back yard of
Lot 6, it would greatly jeopardize their property, and it would be
in direct disagreement with all the things they have been told in
the past. Wetlands should not be declared anything but wetlands.
Mr. Horeck stated his recommendation is that the Planning
Commission not take any action or just table the discussion and
require Mr. Harstad to meet all the requirements. Quite frankly,
he would like to see this drag on for years.
Mr. Bryan Steppe, 5528 West Danube Road, stated these lots are
wetlands, and he is concerned about the drainage. Even if there
is some kind of wetland replacement, that doesn't mean the drainage
is going to work properly.
Ms. Sue Williams, 5568 West Danube Road, gave the Commission copies
of a letter she had written to Mr. Pete Fryer regarding further
development in this drainage area. She would like it included with
the record. She stated she purchased her lot in 1977 from Keith
and Diane Harstad. They told her that Lots 5 and 6 were wetlands.
Mr. Keith Harstad had to fill a little bit of the edge of the pond
to make her lot "build.able" . Mr. Keith Harstad is responsible for
the level of her basement. He, along with the Fridley City
Engineer, assured her that the drainage areas of the pond were not
that big and that even with a 100 year rain, the water would not
come into her basement as long as the drainage area was maintained.
Ms. Williams stated her basement has already been jeopardized, and
filling Lot 6 will further seal her doom when the next 100 year
rain comes. She hoped the City would feel responsible if she sues
the City for a wet basement, because that is what she will do. She
will also get the names of everybody involved and make a civil suit
for everyone who makes such a decision. It is just criminal that
the Harstad Company appears to be able to do whatever they want to
do. The Harstads promised that these lots would remain wetlands,
and she is tired of all these broken promises. She would
appreciate it if the City would not let them do everything they
want to do anytime they want to do it.
Mr. Nor-man Nault, 5535 West Danube Road, stated that in �1992, the
Harstads did fill quite a bit in the lot behind him. Prior to that
time, they never had any water problems in the back yard. Two
weeks ago when there was a heavy rain, the water was about 10 feet
13.48
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 8
from his walkout. The Harstads promised these lots were going to
be wetlands. The Harstads have not paid taxes on these lots,
because they were declared wetlands, and now they want to develop
them. The Harstads want a denial so they can appeal it, so they
can find a sympathetic body. And, if they get the variance, they
will not even have to fill Lot 6. Some unsuspecting soul will buy
a great house in a great neighborhood, and then later they will
realize the problems when they try to sell it.
Ms. Darlene Blank, 5544 East Danube Road, stated her family moved
here in August 1993 . Their lot sits right on the wetland, which
is a home to all kinds of animals, ducks, birds, frogs, etc. They
wanted to live in a community that was like living in the outdoors.
Her youngest son is an avid hockey player and has enjoyed skating
on this wetland in the wintertime. She would hate to see this area
which is now being used by children and being appreciated by the
neighbors developed because someone wants to make a profit off the
land.
Mr. Tom Fisher, 5477 East Danube Road, stated he lives directly
across East Danube Road from Lot 6. The Harstads received a permit
to fill this lot in 1986. He stated that regarding the filling in
1992 , he called the City at least twice and someone from the City
came out and he showed them where the fill was taking place. He
watched the trucks dump on that lot. He complained to Mr. Harstad.
Subsequent to that, additional dumping was done so that they now
have mounds of dirt piled on the lot. He called the City again and
asked for someone to come out and look at the lot. He was told by
a City staff person that the Harstads could not overfill the lot
and just leave piles of dirt there and that the piles would have
to be removed. He stated nothing has been removed, and the piles
of dirt are overgrown with weeds. He would like to know who gave
the Harstads permission to fill in 1992. If no one did, then
should the Commission be listening to representation from Mr.
Harstad?
Mr. Fisher stated the people represented at the meeting were told
by Mr. Keith Harstad that these lots were wetlands and would never
be built on. He purchased his lot from a previous owner and built
his house in 1977 after being assured by Mr. Harstad that the lots
across the street would always be wetlands and were unbuildable.
It is hard for the neighbors to believe that the Harstads are being
harmed when the neighbors were told by the Harstads that they did
not plan to build on these lots.
Mr. Fisher reviewed the drainage from the wetlands under East
Danube Road between his house and the house to the north to Farr
Lake. The outlet does not outlet into Farr Lake. Surrounding Farr
Lake is a walking path. The outlet is about 15-20 feet short of
the walking path which makes the water dump into his back yard.
He built a berm around his back yard so there is a kind of wetland
area that surrounds his back yard and fills up from this pond.
When it fills sufficiently, the water begins to dribble across the
path into Farr Lake. The problem is that in a 100 year rain or
_ _ _
. , �
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 9
even before that, Farr Lake does not drain out as fast as it drains
in, and the water starts backing up into his back yard. If the
pond is made smaller and even if they let it drain, all he is going
to get is more water in his back yard. And, if Farr Lake is not
draining, then he has a serious water problem.
Mr. Fisher stated that prior to 1992, he had a sump in his basement
with no pump and never had any water in the sump. Since the fill
was dumped in 1992 , he has to take bucketloads of water out of his
sump all the time. He can only see more problems if more fill is
allowed in this area.
Mr. Fisher stated he is asking the Planning Commission and the City
Council to consider one other serious point. Do they make good Mr.
Harstad's expectation that he can build on this lot to the
detriment of all the neighbors surrounding the property, or do they
consider the citizens who live here and had certain representations
made to them by the Harstads? Who has the rights here, and where
are the City's liabilities? It may be a catch-22 for the City, but
he believed the City has some liabilities they need to seriously
consider.
Mr. Newman asked Mr. Fisher to check his notes to see if he could
find the name of the City staff person he talked to in 1992 and
notify Ms. McPherson.
Mr. Fisher submitted a letter dated May 18, 1994 , which he wrote
to the Planning Commission which reiterated some of the things he
has been talking about.
Mr. Roman Zawnirowycz, 5527 East Danube Road, stated he lives
across from Lot 5. He moved there in 1986, and he has not had any
contact with any of the Harstads. Within a year of 1986, a large
area in Lot 5 was dug out as if a house was going up, and then the
entire area was filled in. Since that time, mounds of dirt have
been dumped on the lot. He submitted some photos for the record.
He stated this is a beautiful area, and all the neighbors want it
to remain that way. They are all concerned, not only about the
beauty of the area, but about the drainage problems which were not
really addressed in the staff report.
Mr. Zawnirowycz stated he also started having water problems in
his basement about 1992 . He has records of people he has hired to
fix water drainage problems. The drainage problems seem to come
from the overflow from the area across the road. When it rains
hard, the water level rises and floods all the back yards on his
side of the street where Farr Lake is located.
Ms. Pat Freeburg, 5557 East Danube Road, stated she also started
having water problems in her basement when the lot was filled in
1992 . Last week she had a tree replaced and when they �dug down,
they could see water. Because of the fill in 1992, it diverted
the natural drainage and it is now coming under East Danube Road,
seeping through the lots.
13.50
.
�1 . , .
PLANNING COMMISSION MEETING, MAY 18. 1994 PAGE 10
Ms. Freeburg stated she is also concerned with setting up two
wetland areas that are smaller than the existing wetland. The area
now supports a certain amount of wildlife. If that wetland is cut
into two smaller wetlands, ignoring all drainage problems that
would be created, they will have defeated the purpose of having the
natural wetland area.
Mr. Boyd Herdendorf, 5467 East Danube Road, asked if the Department
of Natural Resources has done any evaluation of the effects of
filling wetlands on Farr Lake or if there are plans for such a
study. If not, he would suggest that a study be done. The wetland
performs an important filtration system. If the wetlands are
filled in, the water will run directly into Farr Lake carrying
heavy sediment and debris that would come through any culvert
system and it would tend to pollute Farr Lake quicker. He believed
there might be some environmental impact on Farr Lake because of
this.
Mr. Norman Nault, 5535 West Danube Road, stated that if it appears
, that Lot 6 was filled in 1992 with no permits from the City, can
some action be taken against the Harstads?
Ms. McPherson stated that if the City finds that filling was
conducted illegally, the City can require the person responsible
to remove the illegal fill.
Mr. Bob Horeck, 5505 West Danube Road, stated that about four years
j ago, he received a variance from the City to enlarge a deck on the
� back of his house which brought it next to the culvert that runs
between Lots 5 and 6. The culvert actually comes out at the back
of his garage which is about 70-80 feet from the road and runs for
another 70 feet through the back yard as drainage into the pond.
When applying for the variance, he was informed by the City that
there would be no construction through the back involving the
, culvert and it would remain that way. If any of Lot 5 and 6 is
filled further, it will require that the culvert that drains
between Lot 5 and Lot 6 over to Farr Lake be connected to the
culvert that goes across West Danube. Such construction would
require coming between him and his neighbor such that it would
require tearing down his deck.
Mr. Ro er Hertel 5501 West Danube Road stated he did not
g . ,
understand why a variance is even under consideration. The
� Harstads have not been good neighbors. He built here in 1977 and
it was also represented to him that Lots 5 and 6 would remain
wetlands.
Mr. Newman stated that by ordinance and by law, any property owner
can make a petition to the City as long as the appropriate forms
are fi�led out and the fees paid. �
Mr. Newman stated the people in the audience have made some very
useful observations and provided some very helpful information to
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 11
the Commission. He stated that regarding promises made to them by
the Harstad Company, the City has to be very careful in making its
decisions that it is not trying to enforce private agreements made
between private parties. While it is certainly useful information,
to the extent that there are claims by the buyers against the
Harstad Company because of certain representations, those concerns
might have to be addressed privately and not through the City.
Mr. Tom Fisher, 5477 East Danube Road, stated he believed these
comments are being offered as to the credibility of the person the
City is dealing with.
Ms. Darlene Blank, 5544 East Danube Road, stated she would like to
see this item tabled indefinitely until Mr. Harstad can get all the
required information.
MOTION by Mr. Saba, seconded by Ms. Savage, to receive into the
record the following: (1) Letter from Sue Williams dated June 3,
1993 , to Mr. Pete Fryer; (2) Letter from C. Tom Fisher dated May
18, 1994 , to the City of Fridley Planning Commission; and (3) 19
photos.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOUSLY.
MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M.
Mr. Oquist asked what would happen if the Commission tables this
item and the petitioner then satisfies the eleven items that are
required.
Ms. McPherson stated the petitioner's application would then be
complete in terms of ineeting the separate requirements of the
requirements that need to be submitted for the wetland delineation
of the impacted wetlands, as well as the replacement plan and
replacement of wetlands and the monitoring plan which is a five
year plan which must be submitted by the petitioner.
Ms. McPherson stated that regarding the public's request to table
this item indefinitely, under State Statute and local ordinance,
the City must make a decision on this request within 60 days from
the date of public hearing publication in the Focus News. That
publication date was May 10, 1994 .
Mr. Sielaff stated that if BWSR grants an exemption, where does
that put the City as far as denial or approval.
Ms. McPherson stated that if BWSR grants an exemption from the
State Statute, Mr. Harstad would not have to replace any impacted
wetland. As far as the City is concerned, the petitioner would
13.52
- -
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 12
have to comply with the land alteration permits and get a permit
from the Rice Creek Watershed District. The City or the adjacent
property owners could appeal BWSR's decision (a petition of 100
names is required) to the District Court.
Ms. McPherson stated that under State Statute, any decision
regarding any wetland replacement plan is not enacted until 30 days
after the date the decision is published in the Environmental
Quality Board Monitor, and that decision is mailed to certain state
and local departments and anyone on the mailing list who requests
notification of said decision.
Ms. McPherson stated that any residents who want to be informed
about the action taken by BWSR should contact he� and she will
forward that list to BWSR.
Mr. Oquist stated that City ordinance states that any development
cannot create any more water runoff after the development than
before the development. How does the ordinance affect this
request, because any fill is going to cause more runoff?
Ms. McPherson stated that portion of the ordinance would be
reviewed during the building permit application process.
Mr. Oquist stated it sounds like the Harstads brought in fill
illegally on Lot 5. Until that has been investigated and
corrected, Mr. Harstad should not be allowed to proceed any
further.
Ms. McPherson stated the City does not have any formal record of
any application made for a land alteration permit for Lot 5. The
City received a complaint saying that there was filling on Lot 5.
When staff inet with the petitioner on site, there was not any
evidence of new fill being placed on the lot. At that time, the
petitioner was informed that he would need to comply with the 1991
Wetland Conservation Act. She stated she was one of the staff
members who visited the site in 1993 after receiving complaints
from a neighbor. At that time, she made a note to the Building
Inspection Department that no permits would be issued for these
particular parcels.
Mr. Saba stated that over many years, they have all learned a lot
about the quality of wetlands. He believed the ordinance the City
has adopted is a good one and will serve the City well . He would
like to see Wetland Replacement Plan, WR #94-01, strongly denied
based on the City's wetland ordinance and testimony received at
this meeting. He did not think tabling this request for two months
would accomplish anything.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City
Council denial of Wetland Replacement Plan, WR #94-01, by Paul
Harstad based on the City's O-4 wetland regulations and the
following findings of fact:
• � Y � y
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 13
1. Feasible and prudent alternatives exist which avoid
impacts to the wetlands (Section 205. 27 . 05. D. (3) ) .
2 . The proposed replacement ratio is less than the 2 : 1 ratio
required by Section 205.27. 10. D.
3 The Wetland Replacement Plan application is incomplete.
Ms. Modig stated that in her opinion, the petitioner has set up
the Commission to �deny this request, so that he can appeal and
override the City's decision. The neighborhood clearly does not
want this. She will only vote to table the request.
MOTION by Ms. Modig to table Wetland Replacement Plan, WR #94-01,
by Paul Harstad.
MOTION DIED FOR LACR OF A SECOND.
Mr. Oquist stated he agreed with Ms. Modig that they have been set
up. After hearing the neighborhood' s testimony, he did not see
this company as a good neighbor. Unfortunately, the City's hands
are tied. If the Commission tables the request, they have to act
on it in 60 days, so their only option is to deny the request. He
stated the 1992 filling of Lot 5 has to be investigated and
addressed as there seems to be a real violation there.
Ms. Savage stated the Commission really has no other option but to
deny the request. Tabling the request is just delaying the
; inevitable, and they have to let the process move forward. It is
' pretty clear that an adequate record has been made, so they should
let the process take its course.
Mr. Saba stated that if the community is informed about the BWSR
hearing, he would encourage the neighbors to repeat their testimony
at that hearing.
A neighbor recommended that the City use the same mailing list of
residents within 350 feet to notify them of the BWSR hearing.
Mr. Sielaff stated the Commission needs to send a strong message
that the Commission supports the City's wetland ordinance. Tabling
the request might make the Commission look hesitant, and he did
not want anyone to have that perception at all.
Ms. Modig stated her motion to table the request was not to say
that she did not strongly support the wetland ordinance. The
reason she made the motion to table was to try to make the
petitioner submit the 11 items missing from the wetland replacement
plan.
UPON A- VOICE VOTE, MODIG VOTING NAY, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED.
13.54
-
' y . . •
' ♦ 't f. ' �
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 14
Ms. McPherson stated this item will go to the City Council on June
20, 1994 .
MOTION by Mr. Oquist, seconded by Ms. Modig, to ask City staff and
the City Council to investigate the improper filling of Lot 5 in
1992.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Mr. Newman stated staff has recommended that the next three public
hearings be consolidated into one to alleviate confusion during the
public discussion.
2 . CONSIDERATION OF A PRELIMINARY PLAT P.S. 94-04 BY FO EST
HARSTAD OF TWIN CITY TOWNHOMES:
To replat Lot 6, except the East 650 feet thereof a except
that part lying West of the Northeasterly right-o -way line
of the Outer Drive of the State Trunk Highwa , Auditor's
Subdivision No, 25, Section 24, Township 30 N th, Range 24
West, Anoka County, Minnesota, and Lot 7, exc t the East 650
feet thereof and except that part thereof ing West of the
Northeast right-of-way line of the Outer D ive of State Trunk
Highway and except the South 55 feet of e West 150 feet of
the East 800 feet thereof, Auditor' Subdivision No. 25,
Section 24, Township 30 North, Range 24 West, Anoka County,
Minnesota, and Lot 8, except the st 800 feet thereof and
except that part thereof lying est of the Northeasterly
, right-of-way line of the Outer D ive of State Trunk Highway,
Auditor' s Subdivision No. 25. This property is generally
located at 971 Hillwind Road .E.
3 . CONSIDERATION OF A VACATI RE UEST SAV 94-02 BY FORREST
HARSTAD OF TWIN CITY TO OMES:
To vacate that part o Lots 6, 7, and 8, all in Auditor's
Subdivision No. 25 an lying in the Southwest Quarter of the
Northeast Quarter o the Southwest Quarter of Section 24,
Township 30, Range 24, Anoka County, Minnesota described as
lying between the following described LINE 1 and a line 40. 00
feet northeast ly of and parallel with the following
described LIN 3 . LINE 1 is described as commencing at a
point on the ast line of Section 24, Township 30 North, Range
24 West, d' tant 181. 30 feet north of the southeast corner
thereof; ence run northwesterly at an angle of 78 degrees
39 minut 45 seconds from said east section line (as measured
from no h to west) a distance of 4081. 10 feet; thence deflect
to the right at an angle of 90 degrees 00 minutes 00 seconds
a dis ance of 244 . 00 feet to the point of beginning of LINE
2 to be described; thence deflect to the left at an angle of
90 egrees 00 minutes 00 seconds a distance of 278. 65 feet;
t nce deflect to the right at an angle of 25 degrees 44
nutes 00 seconds a distance of 980. 13 feet and said LINE 2
here terminating; thence continuing northeasterly from the
point of termination of said LINE 2 at an angle of 90 degrees
. . �
.
FRIDLEY CITY COUNCIL MEETING O JUNE 20, 1994 PAGE 29
vote, all voting aye, ayor N�e declared the motion carried
unanimous�ly. � . � .
� MOTION by Ca ilman Schneider to receive the minutes of the
Planning C ission Meeting of June l, 1994 . SeConded by Council-
woman genson. Upon a voice vote, all votir�g aye, Mayor. Nee
dec red the mot�ion carried t�nanimously.
13 . RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION
MEETING OF MAY 18 , 1994 •
A. RESOLUTION NO. 51-1994 DENYING A WETLAND REPLACEMENT PLAN
WR 94-01, BY PAUL HARSTAD, PER SECTION 205 27 OF THE FRIDLEY
CITY CODE, TO ALLOW FILLING OF A WETLAND FOR CONSTRUCTION OF .
A S.INGLE FAMILY. DWELL�NG GENERALLY LOCATED AT 5470 EAST
DANUBE ROAD N.E. •
Ms. McPherson, Planning Assistant, stated that the petitioner is
proposing to fill ap roximatel 2 800 s are feet
P y , of T e 4 wetland
�
YP
located on this site and in an R-1 zoning district. She stated
that the petitioner created 1, 900 square feet of the same type
wetland on Lot 6 and an . additional 600 square feet on the arcel
P
north or Lot 5 (5490 East Danube Road) .
Ms. McPherson stated that the Planning Commission recommended
denial of this request based on the following three facts: (1) a
feasible and prudent alternative exists which avoids impact to the
wetland; (2) The proposed replacement ratio is less than the 2 : 1
ratio required by Section 205. 27. 10.D; and (3) the petitioner
failed to submit the information reguired by the statute and local
ordinances. ,
Ms. McPherson stated that at the hearing before the Planning
Commission, several neighbors discussed the improper filling of
Lot 5. She stated that staff has begun a preliminary investi ation
usin aerial hoto ra hs wh'
g
9 P g p ich determined that new
fill was laced
on the
P
lot in 1989 . Some additional fill occurred o
n Lot 6 rior
to 1993 . She state �
P
d that the City s consultant is attempting _ to
locate additional photos to determine what fill occurred after
1986.
Ms. McPherson stated that staff recommends that Council adopt the
resolution which states the reason for denial of the wetland
replacement plan.
Ms. McPherson stated that the petitioner believes that Exemption
24 from the state statute applies in this case. She then quoted
this section.
Ms. McPherson stated that staff has made a determination that this
exemption does not apply. She stated the original plat was
completed and finalized prior to the July l, 1986 date outlined in
r �� - � - �-- �� •
� . .
a
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 30
Exemption 24 . She stated that during the plat approval process,
the wetland issue was. not addressed and areas of fill not clearly
indicated on the plat. She stated that while, the City issued a _
land alteration permit in T986, a buildirig permit was not issued,
and the filling dicl not occur to the extent the permit allowed.� '
Councilman Schneider asked if additional filling occurred after
1986.
Ms. McPherson stated that in reviewing the 1989 aerial photos,
there is a clear demarcation from the old fill and new fill. She
stated that staff is in the process of checking the amount of fill
placed there in 1986, so the amount of new fill observed in 1989
photographs can be calculated. She stated that the south edge of
Lot 6 was filled between 1989 and 1993 .
Councilman Schneider asked the City Attorney if he felt the City
had a valid case under Exemption 24 .
Mr. Herrick, City Attorney, stated that he felt the information
' given by staff is defensible but a good argument can be made that
this exemption does not apply. He stated that, however, this is
a new statute, and he could not predict the outcome. He stated
that he agreed with staff' s recommendations and did not believe the
applicant met the requirements of the state statute, as he admitted
when this issue was before the Planning Commission.
Mr. Paul Harstad, the petitioner, stated that City staff has done
an outstanding job and has been very thorough in following through
with the state's requirements. He stated that their proposal does
not meet the 2 : 1 replacement ratio, but there is no more room to
mitigate unless they tear down trees on the property.
Mr. Harstad stated that in regard to Exemption 24, the fact that
these lots were not developed prior to 1986 is irrelevant, and they
are not being allowed to develop them because of a state law. He
stated that there were fifteen lots that were exempt from assess-
ments. They were considered unbuildable, and these are two of the
lots. He asked the status of the other thirteen lots.
Ms. McPherson stated that of the fifteen lots, four are vacant, and
the remaining eleven were built on. She stated of these eleven
lots, all but two were developed between 1975 and 1979.
Mr. Harstad stated that it appears there are a number of facts that
indicate the lots are buildable. He stated that one of those facts
is that, in 1986, they acquired a permit to fill both Lots 5 and
6 and at that time, chose to fill Lot 5 to make it buildable. He
stated that due to economic reasons, they chose not to build on
that lot. He stated that there are clearly issues of drainage, and
the impact the filling caused to the adjacent property owners.
Mr. Harstad stated that Council will either have to approve or deny
_ _ _
. ' r " . • •
FRIDLEY CITY COUNCIL MEETING OF JUNE 20 1994 PAGE 31
this request. If it is denied, Mr. Harstad said that his intent
is to ap.pear before the state. He stated that the� will move ahead
and test the c.onstitutional.ity of the Wetland ConServation Ac�. . .
� Councilman Schneider asked Mr. Harstad to address the f.illin 'other
than in 1986.
Mr. Harstad stated� that from 1988 to 1992 �e was out o the state
going to school. He did inquire about the filling, d no one in
his office honestly knows about it. He stated t at Lot 5 was
already corrected, and there was no reason to pl e more fill on
that site. He stated th.at as for Lot 6., it would ave be.en foolish
to add more fill when the sub-soil was not cor ected. He stated
that he is not taking responsibility for the ill dumped on that
site. He stated it is unfortunate that it� appened; but it is
particularly unfortunate that : a neighbor saw trucks from his
company filling that site. He stated hat they paid a sub-
contractor to do some grading. . The fill w s probably dumped at the
site but not with their permission.
Mr. Bob Horeck, 5505 West Danube Ro , stated that he is one of
about thirty neighboring resident who have been at the last
several meetings on this issue. e stated that there are some
major problems for several of t e neighbors if the wetland is
filled. He stated that prior t 1991 or 1992 , they did not have
any flooding. He stated that f' ll was placed on the site in 1986,
and that the filling was reas able and graded.
Mr. Horeck stated, however, hat in 1992, about 300 cubic yards to
400 cubic yards of fill was dumped. Since that time, neighbors are
getting flooded. He stat d that in his area, the water is roughly
two feet higher. He sta ed that the filling between 1989 and 1993
happened to both lots. e stated that it was Harstad's trucks that
dumped the fill, and e felt it should be removed at Harstad' s
expense.
Mr. Dault, stated at he is a neighbor to Mr. Horeck, and he said
the water table s risen. He stated that their back yards have
been destroyed the filling done in 1991 and 1992 and something
should be done about it. He stated that the water table before
this time wa four feet below their back yards, and now it is
within two f et. He stated that in heavy rains, water is almost
to their ba k door.
Mr. Burn , City Manager, asked the impact of water in their back
yards p ior to 1993 .
Mr. ult stated that this has only been a problem since the
ille al filling.
M . Burg, 5557 East Danube Road, stated that since the lots were
illed, she has had a constant wet wall in her basement. She
• • . s , ,
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 32_
stated that if more fill is added the problem wi11 only get worse.
She stated that when she inquired about the illegal. dumping, she
was threatened. and told if she did not get off the prope � she was
going to be hurt.. . .
Mr, Harstad stated that he did not know who trucks dumped the
fill, as Harstad does not own dump trucks He stated that it is
not clear that if two homes were bui on these lots it would
adversely affect the drainage. He s ed that if they increase the
wetland, it would probably improv the drainage substantially.
MOTION by Council�nan .Schne' er to adopt Resolution No. 51-1994.
Seconded by Councilwoman rgenson. Upon a voice vote, all voting
aye, Mayor Nee declare the motion carried unanimously.
� Mr. . Herrick sta that :.i� the facts show there was illegal
filling, the C' y has options of taking either civil or criminal
action under he state statute or under the rules and. regulations
of the wa rshed district or local ordinances. He stated that he
does no have enough information to show if there were any viola-
tion , and staff is currently working on this issue.
..-
14 . RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24 ,
1994 •
A. VARIANCE REQUEST, VAR #94-04 , BY PAUL HARSTAD, TO REDUCE THE
FRONT YARD SETBACK FROM 35 FEET TO 20 FEET IN ORDER TO
MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTION OF A SINGLE
FAMILY HOME GENERALLY LOCATED AT 5470 EAST DANUBE ROAD N.E.
AND TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET
TO MINIMIZE WETLAND IMPACT AND ALLOW THE CONSTRUCTION OF A
SINGLE FAMILY HOME GENERALLY LOCATED AT 5490 EAST DANUBE ROAD
N.E.
Ms. McPherson, Planning Assistant, stated that these are variances
to reduce the setbacks on two lots to minimize the wetland impact
and allow construction of single family homes. She stated that the
Appeals Commission recommended denial of these variances.
Councilman Schneider stated that the Appeals Commission and staff
are recommending denial or the variances. Based on the d�nial of
the Wetland Replacement Plan, WR #94-01, it would make sense to
table any action on these variances, until such time as there is
a final determination as to whether staff' s position on the �
wetlands is upheld.
Ms. McPherson stated that Council can table this item. The
petitioner could also construct a smaller home which meets the
setback requirements and the 0-4 regulations of the Wetland
Conservation Act.
Mr. Herrick, City Attorney, stated that the proper action might be
to table this request, as he felt action on the variances would be
premature without knowing the outcome of the denial of the wetland
replacement plan.
. "^ � � •
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 PAGE 33
Mr. Harstad, the petitioner, stated that a small:er home could be
� constru,cted, as mentioned by Ms. McPher.son_. He � did . not .'feel �
adjacent property. owners would want tY�at _size home .in the area. �
Ms. Burg, 5557 East Danube Road, stated that the reason the
variances are being requested is to give a better. argument for
bringing in the fill. She stated that there is not a single home
built on East Danube Road that has a variance.
Mr. Dault stated that the road curves at these lots. If the vari-
ances are granted, it wil� appear the homes are on the edge of the
street. He stated that one of the criteria for a variance 'is a
hardship. Everyone in this neighborhood was told that these lots
were unbuildable and declared wetlands. He stated that there is
no hardship .in this case..
MOTION by Councilman Schneider to table action on this variance
request and to bring back this item to the Council, after final
action on the appeal of the denial of the wetland replacement plan,.
WR #94-01. Seconded by Councilwoman Jorgenson. Upon a voice vo�e,
all voting aye, Mayor Nee declared the motion carried unanimously.
15. RECEIVE AN ITEM FROM THE MINUTES OF' THE PLANNING COMMISSION
MEETING OF JUNE 1, 1994 (CONTINUED) :
D. SPECIAL USE PERMIT SP 94-07 BY AMOCO OIL COMPA TO ALLOW
THE EXPANSION OF AN AUTOMOBILE SERVICE STAT GENERALLY
LOCATED AT 5311 UNIVERSITY AVENUE N.E. :
MOTION b Councilman Billin s to rant S e ial Use Permit SP
Y g g P ,
#94-07 , with the following stipulations: ( Variance Request, VAR
#94-03 shall be approved; (2) two pipe bo ards shall be installed
at the southeast and northeast corners f the addition in lieu of
the five foot separation; (3) the dition shall be painted to
match the existing structure: (4) ipment noise shall not exceed
the maximum decibels established n Chapter 124 of the City Code;
(5) the outdoor storage of mate als adj acent to the north lot 1 ine
shall be discontinued: (6) n parking shall be permitted adjacent
to the rear of the buildin or the addition and the area shall be
posted "no parking" ; and 7) the dumpster shall be screened from
public view. Seconded b Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor ee declared the motion carried unanimously.
16. RECEIVE AN IT FROM THE APPEALS COMMISSION MEETING OF MAY 24
1994 CONTI ED :
B. VARIANCE E UEST VAR 94-03 BY AMOCO OIL COMPANY TO REDUCE
THE SE ACK FROM AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET
TO 19 FEET AND TO REDUCE THE HARD SURFACE SETBACK FROM 5 FEET
TO FEET TO ALLOW THE EXPANSION OF AN AUTOMOBILE SERVICE
S TION GENERALLY LOCATED AT 5311 UNIVERSITY AVENUE N.E. :
MOT ON by Councilman Billings to grant Variance Request, VAR
# -03 , to reduce the setback from an adjacent residential district
rom 50 feet to 19 feet and to reduce the hard surface setback from
� . 4 , ' ^.
FRIDLEY CITY COUNCIL MEETING OF JUNE 20, 1994 _PAGE 34
5 feet to 0 feet, with the following stipulations: (1) Special Use
Permit, S� #94-07, shall be approved; (2) a five foot hard surface
separation,. shal�l be grovided around the addition, exce � for the
installation of concrete bollards at the northeast a southeast
corners of the addition; (3) the addition shall be pa' ted to match
the existing structure; (4) equipment noise shall ot exceed the
maximum decibels established in Chapter 124 of th City Code; (5)
the outdoor storage of materials adjacent to t e north lot �.ine
shall be discontinued; (6) no parking shall be ermitted adjacent
to the rear of the building or the addition; d the area shail be
posted "no parking;" and (7) the dumpster s all be screened from
., public view. Seconded by Councilwoman Jo genson. Upon a voice
vote, all voting aye, Mayor Nee decla ed the motion carried
unanimously.
17. CEIVE ITEM5 FROM THE APPEALS C ISSZON MEETING OF JUN 7
1994 •
A. VARIANCE RE UEST VAR 94-0 BY MILLER FUNERAL HOME TO
INCREASE THE AMOUNT OF FRE STANDING SIGNAGE FROM 80 S UARE
FEET TO 98 S UARE FEET TO LLOW THE CONSTRUCTION OF A FREE-
STANDING SIGN GENERALLY OCATED AT 6210 HIGHWAY 65 N.E. :
MOTION by Councilman Schne' er to table this item to the next
Council meeting on July 1, 1994 . Seconded by Councilwoman
Jorgenson. Upon a voice ote, all voting aye, Mayor Nee declared
the motion carried unani ously.
B. VARIANCE RE UEST VAR 94-07 BY HOLIDAY COMPANIES TO ALLOW
THE CONSTRUCTION OF LOADING DOCKS FACING THE PUBLIC RIGHT-OF-
WAY GENERALLY OCATED AT 250 57TH AVENUE N.E. :
Ms. McPherson, Pl ning Assistant, stated that this is a request
for a variance t allow construction of loading docks facing the
public right-of ay. She stated that the petitioner submitted a
letter in resp nse to the stipulations, which indicated they are
willing to com ly with stipulations one through five, but could not
commit to co verting the parking lot adjacent to I-694 to green
space and 1 dscaping.
Councilwo n Jorgenson stated that there are several other areas
in the pa king lot to the north of the building that need patching,
and she as concerned about the overall appearance of the entire
parking area. She also felt that the outside appearance of the
buildi g was becoming less attractive.
Mr. ean Nikont, representing Holiday Companies, stated that he did
not know the status for maintenance on the parking lot. He stated
th t they certainly wanted the property to have a good appearance,
a d there is a lot of work being done inside the store. He stated
at re-striping and general cleanup is done on an annual basis,
and they have a landscaping plan�
� _
RESOLUTION NO. 51 - 1994
RESOLUTION DENYING A WETLAND REPLACEMENT PLAN,
WR #94-01, FOR PAUL HARSTAD, GENERALLY LOCATED
AT 5470 AND 5490 EAST DANUBE ROAD N.E.
WHEREAS, a wetland exists according to the 1989 Federal Manual; and
WHEREAS, the wetland is not a DNR protected wetland; and
WHEREAS, the proposed project does not fall under one or more
Exemptions; and
WHEREAS, the project is not wetland-dependent; and
WHEREAS, all impact avoidance options have been determined to be
reasonable; and
WHEREAS, the project impacts have not been minimized; and
WHEREAS, the replacement plan does not meet the 2 : 1 replacement
ratio required by City Code Section 205.27 . 10.D; and
WHEREAS, the applicant did not submit a complete application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby deny the Wetland Replacement Plan, WR #94-01, by
Paul Harstad.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF JUNE, 1994 .
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
�— _-�� --
RESOLUTION NO. 51 - 1994
RESOLUTION DENYING A WETLAND REPLACEMENT PLAN,
� #94-01, FOR PAUL HARSTAD, GENERALLY LOCATED
AT 5470 AND 5490 EAST DANUBE ROAD N.E.
WHEREAS, a wetland exists according to the 1989 Federal Manual; and
WHEREAS, the wetland is not a DNR protected wetland; and
WHEREAS, the proposed project does not fall under one or more
Exemptions; and
WHEREAS, the project is not wetland-dependent; and
WHEREAS, all impact avoidance options have been determined to be
reasonable; and
WHEREAS, the project impacts have not been minimized; and
WHEREAS, the replacement plan does not meet the 2 : 1 replacement
ratio required by City Code Section 205.27. 10.D; and
WHEREAS, the applicant did not submit a complete application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Fridley hereby deny the Wetland Replacement Plan, WR #94-01, by
Paul Harstad.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF JUNE, 1994 .
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
�� ��
; � z:
{'
�����
�I�DLEY
I�RII)Lf�:l' ��A1UN1('ll';AL ('f:A"I�I:R • (�-l?I �'NI�'I:Rti1�I�l� :�\�'I�.. !�'.I:. [=RIU1,1-:1`. �1.A �i�3? • i(,I�1 �71-_�4�O• 1=��`C 1l,i�i�71-I��-
CITY COUNCIL
ACTION TAKEN NOTICE �
June 27, 1994
Paul Harstad
Harstad Companies
2191 Silver Lake Road �
New Brighton, MN 55112
Dear Mr. Harstad:
On June 20, 1994, the Fridley City Council officially denied your
request for a wetland replacement plan, WR #94-01, to allow
filling of a wetland for construction of a single family dwelling
on Lot 6, Block 2 , Innsbruck North 2nd Addition, generally
located at 5470 East Danube Road N.E.
;�: The City Council also tabled the variance request until the
issues pertaining to the wetland are resolved. We will also
continue our investigation regarding the filling activity on the
property.
If you have any questions regarding the above action, please call
me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
, . J