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Mounds View City Council March 12, 2007 <br />Regular Meeting Page 6 <br /> <br />this is an after the fact permit request due to the fact that Staff did not communicate to Mr. 1 <br />Harstad that he needed such a permit. 2 <br /> 3 <br />Director Ericson read from the Code listing what constitutes the requirement to obtain a wetland 4 <br />alteration permit. 5 <br /> 6 <br />Director Ericson indicated that in working with Rice Creek and the City’s Staff the criteria were 7 <br />reviewed as listed in the Staff report and all appear to be satisfied and Staff finds no basis to deny 8 <br />this tree removal permit. 9 <br /> 10 <br />Director Ericson explained that any other planned work would need another alteration permit to 11 <br />be reviewed by Council. 12 <br /> 13 <br />Dave Tillman of 5166 Longview Drive addressed Council and said that they realize that this will 14 <br />occur and it states that nothing else shall occur. He then provided a picture taken two hours ago 15 <br />of fill that was dumped after the trees were removed. 16 <br /> 17 <br />Director Ericson said that there is new dirt on the site after the trees were removed. 18 <br /> 19 <br />Reed Hiltman of Longview Drive said that he is irritated with the process and thinks that the City 20 <br />should be more proactive rather than reactive to ensure that other developers do not do the same 21 <br />thing and ask for a permit after the fact. 22 <br /> 23 <br />Director Ericson said that Staff is working with the City Attorney on Chapter 1010 of the City’s 24 <br />Code to clarify some of the language in it concerning enforcement to ensure the City is in a better 25 <br />position to follow up on willful disregard in the future. 26 <br /> 27 <br />Director Ericson indicated that Staff can attempt to ascertain where the fill came from and will 28 <br />ask Rice Creek to follow up if there is no permit from Rice Creek. Staff would need to consult 29 <br />with the City Attorney to determine what type of recourse is available. 30 <br /> 31 <br />Martin Harstad of 2191 Silver Lake Road explained that they have not placed any fill on the 32 <br />property and have not done any grading. They did grind stumps outside of the wetland but not 33 <br />within it and only removed trees. He then said that if someone did place fill then he would 34 <br />request that they be prosecuted because no one has been given authorization to place fill. He 35 <br />further said that no one that he is associated with has dumped any fill on this site. 36 <br /> 37 <br />Council Member Mueller asked whether the originally submitted tree removal plan was 38 <br />followed. 39 <br /> 40 <br />Mr. Harstad said he requested that the dead trees that were blown down in addition to the trees 41 <br />listed for removal be taken. He further explained that the storm that happened devastated the site 42 <br />and he requested that the dead fall be removed 43 <br /> 44