Agenda - Council - 11/20/2001 - Special

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boundary of the excavation has been undisturbed by the excavation because of a 20 to 30 foot buffer strip. A hydraulic connection to the County ditch from the excavated lake is located on the southeast coruer of the excavated lake· Since this permit was initially issued,, changes have occurred within the Wetland Construction laws. The applicant should have a determination made whether this particular area is subject to these new regulations. The Anoka Soil and Water Conservation District should be contacted for this determination and a permit from the Lower Rum River Water Management Organization should be obtained if DNR water appropriation permit will also be required if any de-watering or 'conducted in conjunction with the excavation. A permit from the Minnesota Pollution Agency is also required. City Staff recommends approval of the request contingent obtaining all other necessary permits. Citizen Input ~,._..~> · Greg Matusesk~, 8840 181 st Avenue N.W. stated he c~:~e'~ machines,~£or most of the said he d~d not feel Mr. Enstrom was following the fifg~i,~erm~t prog~[~: Mr. Matuseski stated he called the C~ty and reported that the C~ty stated that nstmm:ean do whatever he wants including digging until 10:30 p.m. Mr. Matuseski said ~h~ t seen nor heard that any inspections have been conducted on the dig~ng done so farJ'~ said the permit was up as of October 31, and Mr. Enstrom was still dig~:~:bday. Mr. Mat~i,:~aid it is difficult to enjoy the peace and quiet of the country. He w6~4tt, a'~;~e~t:.!~, to have ~!~t:on weekends. He also noted that Mr. Enstrom does not have a pu~ing pe~i~ ::-~e~.DNR'g'aid that if Mr. Enstrom pumps from pond to pond, he does not need a,!~mp~gi~erm~.:>, ~wever, Mr. Matusesk~ stated that when Mr. Enstrom was fL~st,diggmg, he ~pe~ ~nto the drmnage d~tch and continued that for 2 years. He questioned:~hy *~i~[~ doesn~t:~'~to be watch/ns tkis project closer. Mark Dahlheimer, 88~0 1;81 st AvenUe ~.W. stated"*~ property is 2 properties to the west of Mr. Enstrom. He agreed w~th the conce~-Mr2MatuseS~;~vo~ced. Mr. Dahlhen-ner stated the pump runs 24 hours per day::, t:t:e ,sa~d:~e,~l'o-e'sn:~:;h~ge::~ch t~.me off of work, and the l:tttl'e t~me he ~s home, he hears the p,m';:,':~::: :e noted that a new muaer was put on reo~ntly, w~ich helps the noise.. *'~::"Oahlheim&;::.::S~aid he has been in contact with the DNR, and he said they are oonce-~a:':a'~';'d:i~':th~::g'"¥iro~'~:{-a: .~mpact Study. :e reported that the m,m is oonc~ed that- the'W, atershed district·'slnOald be bi~t in. He would like to see a master plan of what will be dSh~>in the future. He s:{~:he does'~hve one drawing, and it does look nice. He questioned who Wii.l:A. aintain the area an~i:i~o would have p~'mission to .se the hiking trai~. :e asked where the i::a ~Wo.uld start and ,~',6.~. Mr. Dahlheimer was told that Mr. :nstrom could dig 4 to 6 feet deep, and the. DNR said:h~' was below that limit. He said the slopes are greater than what the permit allo~s:: ~ae ~&d:~:ed if :SP has been notified of this project near their towers. ~other conceru he br&~h~'.!~:Was that Mr. :nstrom is supposed to seed and mulch and has not done that even in the comp'l~/ted areas. There are no saved trees, and Mr. Enstrom was supposed to save some. Mr. Dahlheimer stated he wanted to see the permit followed. John Enstrom, property owner, stated he has proven instances where he had the majority of the City and Met Council staff in Minneapolis view the project. He said that anyone that has seen it Planning Commission/November 5, 2001 Page 5 of 21