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Mounds View City Council March 12, 2007 <br />Regular Meeting Page 6 <br />this is an after the fact permit request due to the fact that Staff did not communicate to Mr. • <br />Harstad that he needed such a permit. <br />Director Ericson read from the Code listing what constitutes the requirement to obtain a wetland <br />alteration permit. <br />Director Ericson indicated that in working with Rice Creek and the City's Staff the criteria were <br />reviewed as listed in the Staff report and all appear to be satisfied and Staff finds no basis to deny <br />this tree removal permit. <br />Director Ericson explained that any other planned work would need another alteration permit to <br />be reviewed by Council. <br />Dave Tillman of 5166 Longview Drive addressed Council and said that they realize that this will <br />occur and it states that nothing else shall occur. He then provided a picture taken two hours ago <br />of fill that was dumped after the trees were removed. <br />Director Ericson said that there is new dirt on the site after the trees were removed. <br />Reed Hiltman of Longview Drive said that he is irritated with the process and thinks that the City <br />should be more proacrive rather than reactive to ensure that other developers do not do the same <br />thing and ask for a permit after the fact. <br />Director Ericson said that Staff is working with the City Attorney on Chapter 1010 of the Ci 's • <br />~3' <br />Code to clarify some of the language in it concerning enforcement to ensure the City is in a better <br />position to follow up on willful disregard in the future. <br />Director Ericson indicated that Staff can attempt to ascertain where the fill came from and will <br />ask Rice Creek to follow up if there is no permit from Rice Creek. Staff would need to consult <br />with the City Attorney to determine what type of recourse is available. <br />Martin Harstad of 2191 Silver Lake Road explained that they have not placed any fi11 on the <br />property and have not done any grading. They did grind stumps outside of the wetland but not <br />within it and only removed trees. He then said that if someone did place fill then he would <br />request that they be prosecuted because no one has been given authorization to place fill. He <br />further said that no one that he is associated with has dumped any fill on this site. <br />Council Member Mueller asked whether the originally submitted tree removal plan was <br />followed. <br />Mr. Harstad said he requested that the dead trees that were blown down in addition to the trees <br />listed for removal be taken. He further explained that the storm that happened devastated the site <br />and he requested that the dead fall be removed <br />u <br />