Agenda - Planning Commission - 02/04/1997

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easement since 1989, however, in October 1996, Mr. Peterson widened and leveled the road surface by utilizing borrow material from his property. No pre-construction cross sections are available, and the current frozen conditions do not allow inspection of the fill material to determine the amount placed. However, the current roadway is approximately 20 to 21 feet wide and it appears that the amount of fill placed varies from a couple of inches to as much as two feet. Mr. Jankowski continued that, in addition, the road improvement resulted in the blockage of a I2-inch corrugated plastic culvert which accommodated the west to east drainage across the roadway. A mining and grading permit would be required because of the impact or the existing drainage. Additionally, a permit may also be required if the amount of fill exceeds 400 cubic yards. Mr. Jankowski observed that accommodation of the natural drainage appears to be the most significant concern with this activity. However, stabilization of both the fill and borrow areas are concerns of the City mining and grading ordinance. Since a portion of the filled area is classified wetland, compliance with the Wetland Conservation Act is an additional concern. The DNR has been contacted and a cease and desist order was issued. The filling has been reviewed by the Anoka Soil Conservation District. This agency has determined that the filling activity is allowable under the Wetland Conservation Act, because of an exemption for silviculture activities. (Mr. Peterson utilizes the land for growing Christmas trees.) Mr. Jankowski reported that a site visit was conducted in November, and it was apparent from measurements and visual inspection that the roadway was interfering with the natural drainage. The water level was 12 inches higher on the upstream side of the road and a plastic culvert was observed to be collapsed under the roadway. Mr. Jankowski recommended the following conditions be placed on the issuance of a mining and grading permit for the activity: 1) The applicant be required to re-establish natural drainage by replacing the existing collapsed 12-inch culvert with an 18-inch corrugated metal culvert; 2) The applicant shall stabilize the back slopes of the fill over those sections of the roadway which have been elevated more than 12 inches from the filling; or 3) the applicant shall m-grade all borrow areas such that the slope is no greater than three horizontal to one vertical. Councilmember Beyer asked if all the property owners have been met with. Mr. Jankowski responded that staff has worked with property owners and that he has also walked the site. He noted that Mr. Peterson is present and that the curb is already in and taken care of. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to adopt Resolution ~/07-01-014 adopting Findings of Fact tq~0417 relating to a request from John Peterson for a conditional use permit for grading and filling. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to adopt Resolution #97-01-015 approving the issuance of a conditional use permit based on Findings of Fact/t0417 and declaring terms of permit for grading and filling. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Case #5: Development of City of Ramsey Residential Parcel City Administrator Schroeder stated that, for a number of years, the City Council has been talking about the land north of the landfill. The landfill agreement stated that the City had a choice of a ski hill or 50 acres of land. At the urging of the Pollution Control Agency, the City Council chose the 50 acres. When it was all done, the City actually got 100 acres. That land includes where 153rd is constructed west of Sunfish Lake Boulevard and the 80 acres south of 153rd and the 22 acres north of 153rd. That land is restricted for public use, however, the land to the north is not City Council/January 14, 1997 Page 9 of 13