Agenda - Council - 01/14/1997 - Laserfiche WebLink

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I I I I City Engineer Jankowski further explained that Mr. Peterson, in the process of filling and widening the road easement which goes through wetland, has violated the Wetland Conservation Act. The matter has been referred to the DNR. In addition, pre-existing drainage has been blocked, and more than 400 cubic yards of fill have been brought in which is in violation of the City's grading ordinance. Mr. Peterson also did not obtain a permit for this work. He would suggest that a letter be sent requiring him to remove the fill or obtain a permit that would be subject to reopening the culvert. Copies of the letter would go to both parties, and he would propose a deadline of 10 days to respond. City Attorney Goodrich noted that bringin~ court action for injunctive relief would be the most efficient, direct action on the part of Mr. Me.'~er to bring relief. Mayor Hardin noted that if Mr. Peterson pursues a Christmas tree farm, the City would require a permit if he does not live on the property. The county also requires a permit. If the culvert is opened, he would like to know if the DNR will pursue the wetland violations. City Engineer Jankowsld stated that the wetland issue will be pursued through the Lower Rum River Watershed District for mitigation, and the DNR will issue an Order of Violation. Mrs. M,dyer asked if the City has guidelines for reasonable maintenance of Mr. Peterson's road access. He believes that 2 to 4 feet of sugar sand is reasonable. City Attorney Goodrich responded that as long as the road access is private, there are no maintenance guidelines. However, one issue is that agriculture producers who sell their products on the property must live on the property. Il'Mr. Peterson does not live on the property, the City may have the right to require a conditional use permit. He noted that the property is in an R-i, Rural District which alIows agricultural uses. Mrs. Iv~r asked if there are maintenance guidelines when a private easement becomes a coimnercial road. City Attorney Goodrich answered that City maintenance standards would only be applied if the City affirmatively accepted the road and maintained it for a period of six years or more. Mrs. M~er asked if they should contact the police if Mr. Peterson opens his tree farm. City Attorney Goodrich stated that the City will take appropriate enforcement action if any laws are violated. Mr. Craig Carlson, 7160 175th Street NW, stated that there is nothing on his abstract to indicate that Mr. Peterson has an easement, but the City has allowed him to do this work. He asked if the City researched the matter to see if Mr. Peterson has a legal easement. City Engineer Jankowski stated that he has never spoken to Mr. Peterson and has not given permission for this work to be done. City Council/November 12, 1996 Page 3 of 15