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CITY OF
PUMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 6, 1989
RECYCLING CASH DRAWING
October 4/5: $400 Cash Winner
Michael & Boyce Wade
4915 Oakview Lane
UPCOMING MEETINGS AND EVENTS.....
1. BOARD OF ZONING -- Tuesday, October 10, 7:00 p.m. The Board of
Zoning Adjustments and Appeals will meet in the City Council
Chambers. Agenda attached. (M-1)
2. PLANNING COMMISSION -- Wednesday, October 11. Planning Commission
Forum beginning at 7:00 p.m., with regular Commission meetinq
following at 7:30 p.m. Council Chambers. Agenda attached. M-2)
3. PARK & RECREATION ADVISORY COMMISSION -- Thursday, October 12, 7:30
p.m. PRAC will meet in City Council Chambers. Agenda attached.
(M-3)
4. FIRE STATION III - GRAND OPENING & DEDICATION -- Sunday, October 15,
11:00 - 3:30 p.m. Invitation and description of scheduled events
attached.(M-4)
5. MEETING CALENDAR -- The meeting calendar for October is attached.
M-5
FOR YOUR INFORMATION....
1. NEW TAX BILL - I have just received the first computer run from
House Research indicating the impact of the new legislation on
municipalities. It will come as no surprise to the Council that we
in Plymouth didn't do so well. The fact of the matter is that we
have no, repeat no, local government aid. Our current LGA amounts
to $838,786. Based upon the House Research projections, we would
have expected a 2 percent LGA increase in 1990, raising the total
LGA to $855,562. Thanks to tax relief, it's all gone. It will be
used to assist in writing down school tax levies. Another printout
suggests that three of the four school districts in Plymouth will
"win" under this approach. The Hopkins District would lose
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-280v
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 6, 1989
Page 2
slightly. In any event, it does not appear that there will be any
substantial change in the bottom line for property taxpayers in
Plymouth as a result of the tax bill. Not everyone will "lose"
under the new law with respect to their LGA. Below is a list of
cities indicating their state aids for 1990 based on the previous
law, the final aid resulting from the new tax law, and the percent
change in aid from 1989.
PERCENT
CHANGE
PRELIMINARY
IN AID
CURRENT
1990 AID
1990
FROM
CITY
1989 LGA
(88 LAW)
FINAL AID
1989
Minneapolis
75,068,187
81,817,114
69,884,247
-6.91
St. Paul
47,029,763
51,757,069
45,409,093
-3.45
Brooklyn Center
2,661,190
2,953,450
2,068,717
-22.26
Crystal
2,232,703
2,551,931
2,047,725
-8.28
New Hope
1,647,911
1,843,623
1,209,238
-26.62
Richfield
4,042,543
4,471,407
3,631,583
-10.17
Robbinsdale
1,735,962
1,993,188
1,697,211
-2.23
White Bear Lake
1,270,980
1,468,423
950,861
-25.19
Bloomington
2,967,617
3,026,969
0
-100.00
Edina
561,453
572,682
0
-100.00
Golden Valley
1,406,649
1,434,782
421,335
-70.05
Hopkins
1,454,515
1,641,226
1,064,504
-26.81
Maplewood
2,044,410
2,184,853
1,202,222
-41.19
Minnetonka
1,651,407
1,684,435
0
-100.00
Roseville
1,376,201
1,582,631
274,497
-80.05
St. Louis Park
3,574,492
4,110,666
2,477,207
-30.70
Brooklyn Park
3,019,554
3,472,487
1,989,140
-34.12
Burnsville
2,610,087
2,662,289
839,093
-67.85
Eagan
1,007,957
1,028,116
0
-100.00
Eden Prairie
331,167
337,790
0
-100.00
Inver Grove Heights
1,020,925
1,174,064
609,441
-40.30
Maple Grove
1,124,102
1,433,669
572,275
-49.09
Plymouth
838,786
855,562
0
-100.00
Woodbury
789,162
804,945
215,560
-72.68
METRO REGION TOTALS
203,329,807
224,792,760
167,289,249
-17.73
Duluth
14,769,019
16,017,569
15,116,089
2.35
Mankato
4,839,856
5,683,557
5,178,809
7.00
Moorhead
4,094,507
4,664,229
4,290,073
4.78
Rochester
7,232,702
8,060,306
6,391,324
-11.63
St. Cloud
6,652,566
7,352,160
6,344,205
-4.64
Cook
27,307
35,499
29,807
9.15
Ely
682,418
788,499
763,855
11.93
Hibbing
3,116,379
3,629,210
3,437,619
10.31
Virginia
2,057,746
2,431,371
2,326,668
13.07
OUTSTATE REGION
TOTALS
173,045,994
17,237,426
183,301,824
6.12
STATE TOTALS
376,375,801
74,740,937
350,591,072
-6.76
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 6, 1989
Page 3
Under the "old" 1988 Tax Reform
51 percent of the LGA; the "new"
further to outstate communities
percent vs. 46 percent last year.
Law, the metropolitan area received
1989 Tax Reform Law shifts the aids
so they will receive about 52.4
The Commissioner of Revenue has yet to officially certify the City's
levy limits for taxes payable in 1990. Based upon previous esti-
mates which Dale prepared, it appears that our 1989 levied taxes,
payable 1990, at levy limits, will be $8,743,261. This represents
the elimination of all 1990 local government aids which were
previously certified to us at $837,828 and the reduction of our levy
limit base for growth by $368,137, or a "net" increase over that
which I have previously projected for total general purposes of
$469,691.
2. HOMEWARD BOUND -- Homeward Bound, a community based treatment
facility for mentally retarded and/or developmentally disabled
people, is holding a groundbreaking on Saturday, October 7 from 1 to
3 p.m. for a new six -person facility planned for construction at
13522 Sunset Trail. On the same day, a groundbreaking is also being
held for another Homeward Bound facility in Maple Grove. Homeward
Bound applied for a building permit this week; it has not yet been
issued.
Recognizing the typical response to such facilities we have encour-
aged Homeward Bound representatives to contact the neighbors before
the groundbreaking to explain their proposal, purpose, and respond
to concerns. State statutes allow such facilities as single family
dwellings in residential districts as long as the number of
occupants is six or less. The City has no review authority except
for the normal building permit process.
This information is provided in the event Councilmembers receive
phone calls on the subject. Callers may also be referred to Myra
Wicklacz - 559-2800, Ext. 252.
3. AIRPLANE ENGINE TESTING AT ORS ENTERPRISES - 5475 NORTH COUNTY ROAD
18 -- In April of this year and again last month, the Minnesota
Pollution Control Agency (MPCA) received complaints from neighbors
adjacent to QRS Enterprises with respect to airplane engine testing
which is conducted approximately once a week. ORS Enterprises is in
the business of overhauling and reconditioning World War II vintage
airplane engines. As a final step in the overhaul, they run the
engine for up to six hours, five minutes of which is at 100 percent
power required for liftoff and climb.
Plymouth Code does not address noise level standards so our purpose
has been to assist the enforcement agency - MPCA in this matter.
When Chuck Dillerud and Frank Boyles initially met with Becky
Neidzielski of the Pollution Control Agency, and John Sandburg of
QRS Engerprises, they agreed that the least expensive, most
effective solution would be to schedule engine testing in a fashion
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 6, 1989
Page 4
which would be found least offensive to neighboring businesses. They
also agreed to research whether the JRS Enterprise business
constituted a nonconforming use. Attached is a letter to John
Sandburg from Chuck Dillerud confirming that the use is
nonconforming, but that a site survey is needed as a baseline
indicating the amount of outdoor storage allowed. Mr. Sandburg has
been reminded that his baseline survey is overdue!
Earlier in September, the City was contacted again by the Pollution
Control Agency about complaints, and a meeting was scheduled for
September 28. At that time Mr. Sandburg agreed to provide the
Pollution Control Agency with sketches of a possible "test cell"
which could be erected on the property to direct the airplane
engineer sound upward, rather than to adjacent properties. If a
test cell could be designed which will bring the noise within the
Pollution Control limits, then Mr. Sandburg will present a petition
to the City for consideration by the Planning Commission and
Council. In the alternative, he is investigating the possibility of
moving his business to become part of the Buffalo Airport. We will
keep the Council apprised of progress which is made in this regard.
4. SCHMIDT LAKE ROAD PROJECT - Attorney Grant Merritt, representing
Plymouth People to Protect Our Wetlands, filed a notice with the
Attorney General's office on October 3, seeking a Temporary
Restraining Order suspending the permit for this project. Mr.
Thomas Stenoien, President of Plymouth's Protectors of Wetlands,
Inc., (P -POW), has filed an affidavit with the action, setting forth
the basis for their request. While the City is not a direct party
to this action, the City Attorney's office has been actively
involved in preparing to intervene to protect the City's interests.
Attached for your information are copies of Mr. Merritt's motion, as
well as the pertinent documents which have been submitted on behalf
of the City by Jim Thomson.
This matter is being heard before Judge Allen Markert in the Ramsey
County District Court. On Thursday afternoon, Jim Thomson advised
me that Judge Markert is denying the temporary restraining order.
(I-4)
5. MINUTES:
a. Planning Commission, September 13, 1989 . (I -5a)
b. Board of Zoning Adjustments & Appeals, September 12, 1989.
(I -5b)
c. Plymouth Safety Committee, September 27, 1989. (I -5c)
d. Notes from County Road 6 Public Information Meeting, September
28, 1989. (I -5d)
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 6, 1989
Page 5
e. Wayzata -Plymouth Area Chemical Health Commission, September 22,
1989. (I -5e)
f. Plymouth Police Association, September 27, 1989. (I -5f)
6. MEDICINE LAKE TASK FORCE -- Attached is a report on the September
30 boat search conducted on Medicine Lake for Eurasion Water
Milfoil. The search confirmed plant growth south of East Medicine
Lake beach. As a result, the DNR will now conduct a further search
of the lake so that an effective treatment program can be put in
place for next spring. Eric indicates that costs for the treatment
program will be shared 50 percent by the DNR, 25 percent by Hennepin
Parks, and 25 percent by the City. (I-6)
7. ARMSTRONG HIGH SCHOOL - OFF CAMPUS COMPLAINTS -- A memorandum from
Dick Carlquist on enforcement efforts being taken to control student
trespassing and littering complaints in the neighborhood adjacent to
Armstrong High School. (I-7)
8. METRO AREA WETLANDS FORUM -- The U.S. Fish and Wildlife Service, the
U.S. Army Corps of Engineers, and the Minnesota Department of
Natural Resources are proposing the establishment of a Wetlands
Forum for the Twin Cities Metropolitan Area. An
informational/organization meeting is scheduled for Thursday,
November 9 at the Gray Freshwater Biological Institute Facility in
Navarre. Attached is a copy of the invitation and additional
information regarding the formation of the Wetlands Forum. (I-8)
9. HAZELDEN REPORT -- Councilmember Zitur requested the Council receive
the attached article from the September 30 Star Tribune discussing
the COUNTERACT and DARE drug prevention programs. I-9
10. AMM LEGISLATIVE POLICIES -- Attached are copies of the proposed 1990
Association of Metropolitan Municipalities Legislative policies. A
membership meeting to consider and adopt the policies will be held
the evening of Thursday, November 2. The AMM will provide further
details on the meeting at a later date.
11. BZ CORRESPONDENCE -- I have received the following correspondence on
City departments or employees:
a. Letter thanking Craig Bechtold, Public Works Maintenance worker,
from City Manager, for reporting the fire at Councilmember
Sisk's Burger King Restaurant. (I-lla)
b. Letter from dames Anderson, President, Hennepin County Chief of
Police Association, commending efforts of Dick Carlquist in the
Association's development of a model policy for high speed
vehicle pursuits. (I -lib)
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 6, 1989
Page 6
c. Letter from Plymouth participants in the Hennepin County
Weatherization Program commending the services of Milt Dale.
(I-llc)
d. Letter from E. R. Hokkansen, 12710 - 55th Avenue North, on the
services provided by Roger Winberg, temporary Erosion Control
intern in the Engineering Division. (I-lld)
12. CORRESPONDENCE:
a. Letter to Judy LaTour from Eric Blank on her resignation from
the Park and Recreation Advisory Commission. (I -12a)
b. Letter to Medicine Lake Mayor Eugene Hey, from City Engineer,
providing a copy of the Preliminary Engineering Report for
street and storm sewer improvements to 15th Avenue. (I -12b)
c. Memo to Dick Plufka, Planning Commission Chair, from Eric Blank,
on the Septemer 27 Joint Planning Commission/PRAC meeting.
(I -12c)
d. Letter from Don and Margie Vander Meeden, 2725 Everest Lane, to
City Council, regarding the lack of 90 foot baseball fields in
the City. (I -12d)
e. Letter from Lizz Levang, Interfaith Outreach & Community
Partners Task Force on Housing, thanking the City for support of
the Housing Awareness and Action Campaign. (I -12e)
f. Letter from R. T. Kellington, Northern States Power Company,
advising of plans to file a proposed rate increase with the
Minnesota Public Utility Commission on November 2. (I -12f)
g. Letter to Mayor and Council from Patricia Hoyt Neils offering to
appear before the Council to provide further information on the
District 281's excess levy referendum. (I -12g)
h. Petition received from Woodlands neighborhood for the completion
of trail/walking path on 45th and 46th Avenues. (I -12h)
i. Letter from City Assessor responding to Gene Rezac, Graystar
Corporation, regarding the South Shore Apartments valuation.
(I -12i)
J. Letter of appreciation from Susan Nelson, Executive Director,
West Suburban Mediation Center, to Mayor and City Council, for
1990 funding support. (I -12j)
k. Letter to Mayor Schneider, from Jan Hazel, North Hennepin
Business and Professional Women, requesting the week of October
15 be designated as National Business Women's Week. (I -12k)
AGENDA
BOARD OF ZONING ADJUSTMENTS AND APPEALS
Tuesday, October 10, 1989
7:00 P.M.
WHERE: Plymouth City Center
Council Chambers
3400 Plymouth Blvd.
Plymouth, MN 55447
1. CALL TO ORDER 7:00 P.M.
2. ROLL CALL
3. APPROVAL OF MINUTES September 12, 1989
4. NEW BUSINESS
A. Aloysius Goblirsch. Variance to allow an 8 foot high fence versus the
Ordinance Standard of 6 feet for property located at 5505 Vicksburg Lane
(10-01-89).
B. Richard and Molly Hatfield. Variance to allow a 2.5 foot and 5.9 foot
side yard setback versus the 10 foot Ordinance Standard and a 28.3% lot
coverage versus the Ordinance Standard of 20% in order to construct a
new home at 2524 West Medicine Lake Drive (10-02-89).
5. OTHER BUSINESS
ADJOURNMENT 8:30 P.M.
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, October 11, 1989
CITY COUNCIL CHAMBERS
WHERE: Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the
Planning Commission and will be enacted by one motion. There will be no
separate discussion of these items unless a Commissioner, citizen or
petitioner so requests, in which event the item will be removed from the
consent agenda and considered in normal sequence on the agenda.
MINIF : 1 1;W
9111r," ITUIXIM
CONSENT AG►D:
4.* APPROVAL OF MINUTES
7:15 P.M.
7:30 P.M.
September 27, 1989
A. Prime Development Corp. Amendment to the Plymouth Zoning Ordinance
Text, Section 10, Subdivision A pertaining to signage in the B-1
(Office Limited Business) District (89080)
B. Charles Leininger. Conditional Use Permit for an amusement center
in Video Wiz located at 4200 Lancaster Lane North (89083)
A. Introduction of the 1990-1994 Capital Improvements Program.
B. Offstreet Parking Study - Banks and Financial Institutions.
C. Draft Amendments to Zoning Ordinance Regarding Community -Based
Residential Care Facilities.
Regular Meeting of the Park and Recreation Advisory Commission
October 12, 1989, 7:30 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff
c. Others
4. Report on Past Council Action
5. Unfinished Business
a. Comprehensive Park & Trail Plan update - discussion
b. West Medicine Lake Drive trail update
c. Community center update
d.
e.
6. New Business
a. New plats - Basscreek Business Park
b. Medicine Lake - Eurasian Water Milfoil
C.
7. Commission Presentation
8. Staff Communication
9. Adjournment
Next Regular PRAC Meeting November 9, 1989
N� -3
CITY OF PLYMOUTH
OPEN HOUSE
12 1 114 WN : M OMI 1_
3300 Dunkirk Lane
Sunday, October 15, 1989
11:00 a.m. - 3:30 p.m.
SCHEDULE
11:00 a.m. - 1:30 p.m.
2:00 p.m. - 2:30 p.m.
230 p.m. - 3:30 p.m.
Tours of New Station
Welcome and Dedication -
Mayor Virgil Schneider
Tours of New Station
PIeaSP. pll7 I.Gsfor_SIgriov fold/ 1/re. Ore. t z-w1iol7 inlo,rm,71ina,
free ffallorc�ee��,nlrmnkins al�da chance forkid - f0 1/%sif rs-ifh Pli ie,
fhe rof"ficfire ht-da0f.
FOR IMMEDIATE RELEASE
1/97 F,,.k - M q
FYI. Ma df J 4o "h-►spople
i /aj►'0.
FOR MORE INFORMATION:
0(w
Stan Scofield or Lee Vachuska
559-2800
GRAND OPENING, DEDICATION OF PLYMOUTH FIRE STATION III
SET FOR OCTOBER
Fire Prevention Week activities in Plymouth will have a special twist this
year as they culminate with the grand opening of the City's newest fire
station, Station III, 3300 Dunkirk Lane. All citizens are invited to attend
from 11 a.m. to 3:30 p.m. on Sunday, October 15.
The schedule for the grand opening is as follows:
° 11 a.m. - 1:30 p.m. Tours of New Station
° 2 p.m. - 2:30 p.m. Welcome and Dedication of Station III
° 2:30 p.m. - 3:30 p.m. Tours of New Station
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY OF
PLYMOUTH+
FOR MORE INFORMATION:
0(w
Stan Scofield or Lee Vachuska
559-2800
GRAND OPENING, DEDICATION OF PLYMOUTH FIRE STATION III
SET FOR OCTOBER
Fire Prevention Week activities in Plymouth will have a special twist this
year as they culminate with the grand opening of the City's newest fire
station, Station III, 3300 Dunkirk Lane. All citizens are invited to attend
from 11 a.m. to 3:30 p.m. on Sunday, October 15.
The schedule for the grand opening is as follows:
° 11 a.m. - 1:30 p.m. Tours of New Station
° 2 p.m. - 2:30 p.m. Welcome and Dedication of Station III
° 2:30 p.m. - 3:30 p.m. Tours of New Station
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800
A
Grand opening activities are sure to interest people of all ages.
Firefighters will give away free pumpkins to youngsters on a first come,
first serve basis. City officials will be on hand for the station
dedication. Firefighters will be outfitted in full gear and fire trucks
will be available for inspection.
Pluggie, the talking robotic fire hydrant, will visit with kids.
Firefighters will demonstrate firefighting techniques.
Attendees can inspect a special fire prevention vehicle which is equipped
with various residential fire safety features such as an escape window, a
residential sprinkler system and a smoke detector system.
Fire Station III serves the southwest quadrant of Plymouth. The nearly
18,000 square foot station is divided into three zones for operating
efficiency. The emergency response zone includes the communications room
and the apparatus/equipment maintenance areas for servicing and storage of
emergency vehicles.
The training area provides meeting space for the Fire Department, as well as
for local community groups. The administrative area will house offices, the
lounge and conference and physical fitness rooms.
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-.
June 15, 1989
Mr. John R. Sandberg
JRS Enterprises, Inc.
5475 North County Road 18
Minneapolis, MN 55442
CITY OF
PLYMOUTR
SUBJECT: USE OF THE PREMISES AT 5475 NORTH COUNTY ROAD 18 - METAL MASTERS,
INC. (88118)
Dear Mr. Sandberg:
This will confirm receipt of your communications dated April 4, 1989, and
April 12, 1989, concerning -the subject.
I have thoroughly researched the question of what Zoning Ordinance provisions
would be applicable based on the assumption that outdoor storage of airplane
parts and engines and the outdoor testing of airplane engines was ongoing at
your facility as early as 1970. I have found that the Zoning Ordinance in
effect in 1970 (Ordinance 68-8) did not specifically prohibit outdoor storage
or testing in the I2 Zone in which you were located then. As such, and based
on the affidavit you have submitted, I find that the outdoor storage of
aircraft parts and engines and the outdoor testing of aircraft engines to be a
legal, nonconforming use as of the date of adoption of the present Plymouth
Zoning Ordinance.
It is important for the City of Plymouth to establish the scale of the
nonconformity represented by your storage and outdoor testing of aircraft
motors. The Ordinance is quite specific that a nonconforming use may not be
expanded. To enable the establishment of that scale, I would request that you
prepare a survey of your site depicting the actual utilization of the site as
of today. That survey should be prepared by and executed by a registered
architect or engineer.
With your new site survey in hand, a representative of the Community
Development Department will inspect your site with you to more clearly
identify the extent of the outdoor storage in 1989.
While the 1968 Zoning Ordinance did not preclude the outdoor testing of
aircraft engines or other outdoor testing activities, it did provide for
performance standards to be met with those activities. If your outdoor
testing activities are to be continued as a nonconforming use that was
regulated by the 1968 Ordinance, then the performance standards of the 1968
Ordinance are equally applicable and must be maintained for the nonconforming
use status to remain valid.
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
Mr. John R. Sandberg
Page 2
June 15, 1989
I have enclosed a photocopy of the performance standards that address noise
levels from the 1968 Zoning Ordinance. In your outdoor testing activities,
you are to specifically maintain noise levels that are at or below standards
noted. I have also supplied a copy of these standards to the Minnesota
Pollution Control Agency as an indication of the local standards to which you
are required to respond.
Regardless of current or past Zoning Ordinances and your status on
nonconforming use, it is in the best interest of all parties for the outdoor
testing of your airplane engines to be as unobstrusive as possible. With that
end, I would be interested in seeing plans that you may have for test cells
such as were described in some earlier communications. If I may have in the
past indicated that that type of resolution to your problem was not
acceptable, it was based on my understanding that there was no nonconforming
status available for you, and testing was simply in violation of the Zoning
Ordinance. Now that it would appear that there is some nonconforming status,
the test .cel.l.s. that. you have. in .mind. may prove. valuable to all parties.
I also encourage your coordination with neighbors to find a time of day when
the engine testing may be of less imposition - and then stick with that
schedule.
Upon receipt of the certified survey as to the extent of your existing outdoor
storage and testing, I believe we will put this matter to rest for the present
time. I will look forward to the receipt of that information within 30 days
as of the date of this letter.
Sincerely,
r)
Char es . P211erud
Community Development Coordinator
(pl/cd/88118:dl)
GRANT MPRRITT & ASSOCIATES, LTD.
AT MRNEYS AT LAW
4690 IDS CENTER
MINNEAPOLIS, MNNESOTA 55402
(612) 338-8711
October 2, 1989
Donald A. Kannas, Esq.
Suite 200
520 Lafayette Road
St. Paul, Minnesota 55155
�_.j
7 0 2 ,ygq
_:.<?.AL'S Offia
200
52: LAFA'fERE ROAD
?AU, MN 55155
Re: State of Minnesota by Plymouth People to Protect our
Wetlands vs. Joseph N. Alexander, Commissioner, Minnesota
Department of Natural Resources
-ear Mr. Kannas:
Please find enclosed Notice of Motion and Motion for Temcorar�z
Restraining Order Suspending DNR Permit No. 89-6137 and for re7ia^:
'_o DNR for appropriate administrative hearings.
As noted, the hearing is set for 10:30 a.m. on October 5, =989
in Courtroom 1115. Also find enclosed Plaintiff's Proposed Crder,
Affidavit of Thomas Stenoien and Memorandum in Support of the
Motion.
Sin rely,
Grant J Merritt
GJM:mm
nclosures
--F.IA
STATE OF MINNESOTA
OF RAMSEY
CASE TYPE: OTHER CIVIL
DISTRICT COURT
SECOND JUDICIAL DIS -RIC"'
State of Minnesota, by
People to Protect our Wetlands Court File No.CX-89-8873
Plaintiff, NOTICE OF MOTION AND
MOTION FOR TEMPORARY
RESTRAINING ORDER
SUSPENDING PERMIT AND
REMAND
vs.
Jcsez:: N. Alexander, Commissioner,
Minnesota Department of Natural Resources
Defendant.
-------------------------------------------------------------------
TO: Donald A. Kannas, Esquire, Suite #200, 520 Lafayette Road,
St. Paul, Minnesota 55155
:LEASE TAKE NOTICE that Plaintiff will bring the following
on for hearing before a duly designated Judge of the Ramse•i
District Court, at special term thereof, at 10:30 a.m. on
Oct�r 5, 1989 in St. Paul, Mn. in Courtroom 1115 or as soon
thereafter as counsel may be heard.
',e Plaintiff moves for a temporary restraining order
susp-.n%:ing Permit Number 89-6137 issued by Defendant allowing the
City Plymouth to build a road extension across protected wetland
numi;er 27-579W, and to remand the permit issuance back to the
Defen--ant for appropriate administrative hearings.
1
This Motion is made upon all the files, records, attached
A`fi,invit and Memorandum pursuant to Rule 2.05 of the Special Rules
of P_actice of this Court and Rule 65 of the Minnesota Rules of
Civi� Procedure.
Service of this Notice of Motion and Motion on Defendant's
at::cfney was made by placing a copy thereof, together with the
attac`:ed affidavit, memorandum and Proposed Order, in the United
Sta:_s Nail, postage prepaid, on October 2, 1989.
Respectfully submitted,
i
b 000
Grant J. ritt
Attorney for Plaintiff
4690 IDS Center
Minneapolis, Minnesota 55402
(612) 338-8711
Attorney License #7214?:
2
STATE OF MINNESOTA
COUNTY OF RAMSEY
St-te of Minnesota, by
Plymouth People to Protect our Wetlands
Plaintiff,
vs.
Joseph N. Alexander, Commissioner,
Minnesota Department of Natural Resources
Defendant.
S"-:-= OF MINNESOTA)
)ss.
C:UIITY OF RAMSEY )
DISTRICT COURT L'
SECOND JUDICIAL DISTRICT
AFFIDAVIT OF THOMAS
STENOIEN
THOMAS STENOIEN, being first duly sworn, states as follows:
1. I am President and one of the co-founders of
P1•.,=uth's Protectors of Wetlands, Inc. (P -POW), formerly the
Ur:incorporated Association known as Plymouth People to Protect our
Wrd— !ands, and reside at 10510 - 49th Avenue North in the City of
P'•=,outh, Minnesota 55442. My home backs up to the wetland
numbered 27-579W which our Association seeks to protect against
ccnstruction of an extension of Schmidt Lake Road through this
wE__-nd.
2. In addition I have been involved in the
Environmental Assessment Worksheet (EAW) process having presented
V4 ews of our Association to the City of Plymouth on June 22,
I have also reviewed the reports of the consulting firm
emc-c%ed by the City of Plymouth, Strgar-Roscoe-Fausch, Inc.,
w! -i--'- was hired to conduct traffic studies. The original Strgar
st �. served as the basis for Plymouth's contention in the EA',' -7
tat Schmidt Lake Road was needed. However, this original Strgar
study failed to demonstrate a current need for the road, even
z LA
though the study used growth projections that were unrealistically
high and capacity estimates that were excessively low. To remedy
this, the City commissioned a second Strgar study that purportedly
demonstrated the current need that previously had been found
lacking. It is the position of P -POW that this second Strgar
study ignores several relevant facts.
3. The first fact which the City of Plymouth, and the
Strgar 2 report, ignored is that County Road 10, (Bass Lake Road)
is due for expansion in 1990 according to the Hennepin County
Public Works Department. I was advised of this fact by Mr. Bruce
Polactyk of that Department. Currently County Road 10, just north
of the proposed extension to Schmidt Lake Road, is a two-lane road
between County Road 169 (formerly County Road 18) and Interstate
494. By expanding County Road 10, much of the east/west traffic
would be handled by a road that is currently only a two-lane road.
The Strgar 2 report asserts that even with an expanded County Road
10, the traffic corridor served by County Roads 9 and 10 would be
over capacity. This contradicts the original Strgar study which
indicated that current traffic levels in 1986 were about 29,600
ve.icles per day (14,200 vehicles on County Rcad 10 and 15,400
ve^icles per day on County Road 9). Yet, Strgar 2 also asserts
tI.t the capacity of each road is between 25,000 and 30,000
vehicles per day, for a combined capacity of 50,000 to 60,000
vehicles per day. Thus, using the figures presented by the Strgar
reports, it is obvious that County Roads 9 and 10 are under
capacity by some 20,000 to 30,000 vehicles per day. Based on
t': --se figures there is no need for any proposed extension of
Scnmidt Lake Road until the year 2010 at the earliest.
4. The other fact conveniently ignored by the City of
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Plymouth is the City's own plan to expand Zachary Lane so as to
act as a north/south feeder to County Roads 9 and 10. With
Zachary Lane expanded to four lanes from its current two, the need
for another east/west road to serve this corridor is obviously
diminished. Zachary Lane will be able to deliver efficiently
greater volumes of vehicles to the two county roads 9 and 10.
This will relieve some of the congestion on neighborhood streets,
most notedly 48th Avenue North.
5. Furthermore, Strgar 2 did not evaluate feasible and
practical alternatives to the build scenario. The study detailed
the queuing at County 9 and Saratoga Lane without mentioning that
the intersection lacks a left turn only signal, which would
alleviate much of that problem. Strgar 2 mentioned the traffic
pr3blems along 48th Avenue North without exploring alternatives
suzh as traffic signs on this street that would reduce the
at-ractiveness of the street as a thoroughfare. Nor did it
cc:77.ent on the possibility that 45th Avenue North, a four -lane
rc:A:d also aligned to carry east/west traffic, could more
adequately handle the traffic than 48th Avenue North does
currently.
6. The net result is that neither study done by the
Strgar consulting firm demonstrates a current need for the
pr:csed extension of Schmidt Lake Road through this previously
pr�,tected wetland. And, if the facts that (1) County Road 10 is
pl nned for expansion, (2) Zachary Lane is planned for expansion,
alternatives such as traffic signals and expanded use of
e:.:_ -=ting streets are considered, then the City did not present
e_�Sible alternatives to the build decision. Moreover, the DNR
dii not insist on a more thorough evaluation of alternatives prier
3
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tc .granting the Permit No. 89-6137 for the proposed extension of
c:.midt Lake Road.
7. DNR should have realized that the capacity figures
County Roads 9 and 10 were purposely low (25,000 to 30,000
•:e' -.:cies per day). Mr. Christianson of the Minnesota Department
Transportation, in correspondence attached hereto as Appendix
estimated that the capacity of a four -land road should be
z:_ -ser to 50,000 vehicles per day. The use of these lower
cavacity estimates, accepted by DNR at face value, obviously made
need for the road correspondingly higher.
Where Schmidt Lake Road is proposed to be built, the
between County Roads 9 and 10 is slightly greater than a
Thus, if the proposed extension were carried out, there
::c_�_d three four -lane roads within about a mile carrying vehicles
_.. :.he same direction.
8. As a result of the failure by DNR to adequately
_=•iew the facts presented by the City of Plymouth prior to
_Z�"IinQ Permit No. 89-6137, it is essential that the defendant be
d;=ected to rescind said permit and that this case be remitted to
DNR for appropriate administrative hearings in accordance with
"Minnesota Environmental Rights
Further your affiant saitr
s 5tenoien
Qubscribed and sworn to before
r '
...� _his day of �'/��� , 1989.
Notary Public
MMIIYN L MERRITT
NOTARY pUBLc_m1NNE90TA
Zp MENNEFP1M COUNTY
Mr commaw Ewes Aug ?0.1"1 4
APPENDIX 1 -I_ L
Minnesota
Department of Transportation
District 5
2055 No. Lilac Drive
Golden Valley, Minnesota 55422
(612, .,5, 8404
June 28, 1988
Tom Stenoien
10510 49th Avenue North
Plymouth, Minnesota 55442
Dear Mr. Stenoien:
As you requested several days ago, I am furnishing to you
information as to what I feel is the traffic capacity for a
four -lane divided roadway.
On June 28th, I furnished you that information by telephone along
with a number of cautions as to the actual application of the
information. This letter is a follow-up to the information I
gave you by phone and to clarify some of the points that I
discussed.
The actual capacity of any roadway facility is difficult to
identify without specific information regarding each particular
intersection along that segment of road. It is the number of
intersections along a segment of roadway and the design of each
of them which, govern the capacity of a road.
Following is a list of variables which must be identified and
analyized prior to identifying the capacity or level of service
for a particular segment of road. Available literature has
general boundaries with which to assume a "rough" capacity of a
given segment of road given some general design configurations,
but without the following information, a specific capacity
analysis cannot be conducted for a given road, road segment or
intersection.
The information necessary to complete the analysis is as
follows:
1) Predict the Average Daily Traffic (ADT) for the roadway
for some future year (usually 20 years in the future).
2) Identification of directional distribution of trips
(i.e. are the majority of trips inbound in the morning
and outbound in the p.m. This is usually expressed
as percentage of total ADT and can range from a
50/50 percent to a 80/20 percent split).
An Equal Opportunity Employer
Tom Stenoien
Page 2
June 29, 1988
3) The number of trips in the peak hour, identified as a
percent of the ADT. (This value can range from 7
to 18 percent).
4) The number through traffic lanes approaching the
intersection from all directions.
5) The number of left turn lanes on all approach roadways.
6) The number of right turn lanes on all approach roadways.
7) Is the right turn lane designed as a free right
(channelized island at intersection)?
Rather than attempt to develop a theoretical capacity of an
intersection, I have reviewed the current daily traffic counts at
three intersections in Hennepin County, on Trunk Highway 252 at
Brookdale Drive, 85th Avenue North, and 93rd Avenue North. Based
on our experience, we feel these intersections are running near
or probably over capacity. Ideally, we would like to see the
traffic volumes at these intersections significantly lower than
what we are experiencing, as these volumes are causing delays to
the motoring public during the peak hours. The total daily
traffic counts at these intersections range from 53,000 to
55,000 vehicles per day (Please note upper limit changes, as we
found an error in our traffic count). These values were the
summation of all the traffic approaching the intersections. (See
attachment "A").
Again I must caution you against using these figures as absolute
criteria for any analysis. As I mentioned earlier in this
letter, the actual capacity of an intersection and associated
roadways are dependent upon a number of variables, most of which
were listed above.
I hope I have been able to answered your questions to your
satisfaction.
S�ncer y,
I
I ,
Mike M. Christensen
Assistant District Engineer
MMC: mjj
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S7AT7 OF MINNESOTA
OF RAMSEY
. to of Minnesota, by
People to Protect our Wetlands
Plaintiff,
vs.
Joseph N. Alexander, Commissioner,
.1-nnesota Department of Natural Resources
1 •I -A
DISTRICT COURT
SECOND JUDICIAL DISTRICT
Court File No.CX-89-88 3
MEMORANDUM OF LAW IN
SUPPORT OF MOTIONS
Defendant.
------------------------------------------------------------------------------
?laintiff, a Plymouth, Minnesota based citizens' group, now
incorporated as Plymouth's Protectors of Wetlands, Inc. (P-POI^7)
hroaghr the present action to prevent environmental damage to
_=___ted wetland number 27-579W. The City of Plymouth the
_....�r of
the Schmidt Lake Road Extension Project, wh_c-.
bise`t the
wetland with a road. See attached
maps, Exhibits
A,B,
a:.d C from
Strgar 2. Pursuant to the Minnesota
Environmental
Fight-
Act, Minn.
Stat.§116B.10, plaintiff brings
the present
aeric-,
the defendant as issuer of protected
waters permit
r umber
__ In conformance with the Act, plaintiff moves the = _ t
_.. _. `at a prima facie showing of inadequacy has been
�... ._nsequently remit the parties to appropriate adminiZ:__=,._,_
Plaintiff further moves the court to grant ins-:ct- e
so as to prevent destruction of the contested wetlan In .r..
1
• • • • 11 • • - • OTerjel • • 11 •
The Minnesota Environmental Rights Act permits any citizen or
organization to "maintain a civil action in the district court for
decl-mratory or equitable relief against the state or any
agency ... where the nature of the action is to challenge an
environmental ... permit promulgated or issued by the state or any
agency..." Minn.Stat 116B.10 Subd.l (1988). The Act places upon the
plaintiff the burden of "proving the existence of material evidence
shcwing inadequacy of said... permit." 116B.10 Subd.2. The district
court does not initially determine whether this burden has been met,
but, "upon a prima facie showing by the plaintiff of those matters
specified in subdivision 2, shall remit the parties to the state
agency...(for] appropriate administrative proceedings..." 116B.10
Subd.3. Plaintiff's burden to support the present motion therefore
merely requires a prima facie showing of the existence of material
evidence of inadequacy.
The Rules governing the alteration of protected waters mandate
strict preference for the no -build option. No permit will be issued
unless:
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(1) there is no other feasible and practical alternative
to the project; and
(2) the public need for the project rules out the no -
build alternative.
Minn.Rules, 6115.0190 Subp.3, item F (1989) (emphasis added).
Protected waters permit number 89-579W is inadequate because it
fails to meet either one of these requirements, and certainly does
not meet them both.
= . •--. WCe7W a •-m oil We-IffaROWM- •. - -vr-IW@T*32
A protected waters permit is inadequate unless a there is a
very strong public need to alter the resource. As required by
Minn.Rules, 6115.0190 subp 3, item F(2) (1989), the public need must
be so compelling that it "rules out" the preservation of the wetland
and the underlying environmental policies that led to designation as
a protected resource. These environmental policies have established
a strong presumption in favor of natural resource protection.
The Minnesota Environmental Policy Act states, "the legislature
authorizes and directs that, to the fullest extent practicable the
policies, rules, and public laws of the state shall be interpreted
and administered in accordance with the policies set forth [in this
Act]." The Act requires state agencies to use "all practicable
means and measures" to foster a harmonious relationship between man
and the natural environment and to:
(a) fulfill the responsibilities of each generation as a
trustee of the environment for succeeding generations;
3
(b) assure for all people of the state safe, healthful,
productive, and aesthetically and culturally pleasing surroundings;
(c) discourage ecologically unsound aspects of population,
economic and technological growth...
etc...
Minn.Stat 116D.02 (1988)
In short, the state agencies are required to take an active
role in environmental protection and the courts are likewise
required to interpret statutes and rules with his in mind when an
environmental resource is threatened.
Public need for this road has not been established. The City of
Plymouth's own consultant in its 1987 Traffic Needs Analysis for
Schmidt Lake Road stated as follows on page 4:
"The results of this analysis clearly
indicate Schmidt Lake Road will be
needed by year 2010..." See Exhibit D
attached hereto.
Furthermore, as shown in Mr. Stenoien's atfidavit, the traffic
studies do not demonstrate a current need for this road through the
wet land.
Selection of the no -build alternative is critical to the
ecological maintenance of the wetland. According to an interoffice
memorandum on the project by defendants area wildlife manager, the
wetland is of "vital importance to wildlife", providing "important
feeding and nesting habitat for a variety of wildlife including
mallards, pheasants, mink, and numerous nongame wetland wildlife
species." See Exhibit E. The memorandum goes on to cite the
importance of the wetland to the areas hydrolcgy (including flood
4
control and water quality) and the impact of the proposed project on
adjacent wetlands. The memorandum concludes:
"Because of the cumulative adverse impacts
on wetlands and wildlife, I believe it is
in the public's best interest to conserve and
protect our state's remaining wetland resource.
For these reasons, I recommend that the
Division of Water's permit for this project be denied."
P. 2.
Recognition of the value of wetlands has grown dramatically in
recent years. So has the realization of the magnitude of the loss.
About 72% (nine million acres) of Minnesota's original wetland has
been lost. Minnesota Environmental Ouality: Trends in Resource
Conn:tions and Current Issues. Minnesota Environmental Quality
Board. The Environmental Rights Act is an important tool to stem
this loss. Under section three and four of the Act, a planned road
through a marsh constituted a prima facie showing of material
adverse impact on the environment. County of Freeborn v. Bryson ,
(Bryson I) 297 Minn. 218, 210 N.W. 2d 290 (Minn. 1973). This view
was reaffirmed when the Minnesota Supreme Court reviewed the rnryson
case County of Freeborn v. Bryson (Bryson II), 309 Minn. 178, 243
N.W. 2d 316 (Minn. 1976). The Minnesota Supreme Court recently
expanded on the policies underlying wetland preservation:
"We reaffirm our statement (in Bryson II]
that the state's environmental legislation
had given (Aldo Leopold's] land ethic the
force of law, and imposed on the courts a
duty to support the legislative goal of
protecting our state's environmental
resources. Vanishing wetlands require,
even more today than in 1976 when Bryson
was decided, the protection and
preservation that environmental legislation
9
y
was intended to provide. Application of Christenson.
417 N.W. 2d 607 (Minn. 1987).
Alternatives to the project should not be limited to specific
routes through the wetland, but should include alternative
traffic management and route options. The Minnesota Supreme
Court in Bryson II stated: "the question of whether to build a
highway or not, of course, is a matter largely within the
county's perogative, but the location of that highway is now
subject to the Environmental Rights Act." 243 N.W.2d 316
(Minn.1976). This language should not be interpreted to mean
that the City of Plymouth is entitled to nullify the protective
status of the wetland by deciding that a road will go through it,
and only the specific route may be contested. The Rules
expressly incorporate a no -build alternative. Minn.Rules,
6115.0190 Subp.3, item F (1989). Feasible and practical
aiternatives therefore include a wide variety of options, such as
the development of mass transit and future construction and
expansion of existing alternate routes.
The Strgar 2 study commissioned by the City of Plymouth failed to
consider any alternatives to the destruction of Wetland 579W.
These include:
- Planned expansion of Highway 10
_. a
- Zachary Lane, which is scheduled for expansion in 1991 and
would relieve congestion on both County Road 10 and 48th Avenue
by providing improved access to County Road 9.
- Improved traffic control on County Road 9, including a left
hand turn arrow, would eliminate much of the queuing on Nathan
Lane.
- Additional stop signs on 48th Avenue would make this a
considerably less attractive thoroughfare street.
The City's response to perceived traffic needs is familiar: build
new roads, encourage continued reliance on the automobile, and
further degrade the natural resource base of the community. As
the United States Supreme Court stated,
"it is obvious that in most cases considerations of cost,
directness of route, and community disruption will
indicate that parkland should be used for highway
construction whenever possible ... but the very existence
of (environmental statutes] indicates that protection of
parkland was to be given paramount importance." Citizens
to Preserve Overton Park. Inc. v. Volpe, 401 U.S. 402,
411 (1971).
In tr.e present case, the wetlands were not given paramount
importance. Instead, the City justifies the position that no
feasible and practical alternative to the project exists by simply
concluding that there will be increased traffic. It then targets a
protected wetland as the most politically feasible route for
relieving traffic. This is precisely the path of least resistance
approach recognized in Overton Park and the type of activity that
the Rules and the Environmental Rights Act were meant to discourage.
7
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B. CONCLUSION
Based on the foregoing, we submit a prima facie showing has
been made that the DNR permit number 89-6137 is inadequate; that
pursuant to section 10 of Minn. Stat. 116B, this matter should be
remanded to the DNR for appropriate administrative hearings; and
t' -az in the meantime said permit is suspended and no construction
a;l:,wed thereunder.
GRANT MERRITT & ASSOCIATES, LTD.
X:�by
Grant J. .erritt
4690 IDS Center
Minneapolis, Minnesota 55102
(612) 338-8711
Attorney for Plymouth's
Protectors o` Wetlands
8
r„ EXHIBIT A
rf
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II . ,•• �s.iS
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yi
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464,
STRGAR ROSCOETALISCH• INC. CITY OF PLYMOUTH FIGURE
L'uViGLTING ENGINEERS
t� °••i1•I•••^ T��IY PROJECT LOCATION
^..•••^T t QYF Mn NFF@S TRAFFIC ST"ny
EXHIBIT C Z;
,���
o
t 000
585W ��� . 060
579W
584W
Zirt
tj
tar
�1 ar
s s
STRGAR ROSCOE•F•AUSCH. INC. CITY OF PLYMOUTH EXHIBIT 2
SCHMIDT LAKE ROAD DNR WETLAND MAP
S -c :SO 0-c Carlson Parkway North
EXHIBIT D
File No. 0870865
June 26, 1987
mr. Fred G. Moore, P.E.
Director of Public Works
CITY OF PLYMOUTH
2400 Plymouth Boulevard
rlymouth, Minnesota 55447
Dear Mr. Moore:
PE: TRAFFIC NEEDS ANALYSIS FOR SCHMIDT LAKE ROAD
:
.s part of our overall traffic, feasibility and environment
studies for the proposed Schmidt Lake Road from Nathan Lane to
:achary Lane, we have prepared a Traffic Needs Analysis
a3dressing the proposed alignment of Schmidt Lake Road,
t from C.S.A.H. 18 to Vicksburg Lane,
particularly in the segmen
including the consideration for a future interchange with
Interstate 494. The purpose of this memorandum is to document
he
the methodology used in this
an
forl�Schmidt Lake Roadsis and to aslwell ze tas
conclusions relative to
the interchange with I-494.
STUDY AREA
In order to completely analyze the impact of proposed Schmidt
Lake Road, a study area was developed that included the area
bounded by C.S.A.H. 18 on the east, Vicksburg Lane on the west,
C.S.A.H. 10 on the north and C.S.A.H. 9 on the south (see
Figure 1). The study area included consideration of the adequacy
of the interchanges on I-94 at C.S.A.H. 10 and C.S.A.H. 9.
The
purpose of the study area was to focus analysis of travel in the
east -west and north-south
s Road, cCrS1AOHs 9ridr,aswell include
as C S A H. 18,
proposed Schmidt
I-494 and Vicksburg Lane.
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Mr. Fred G. Moore, P.E. - 2 - June 26, 1987
TRAFFIC ANALYSIS METHODOLOGY
The basic analysis methodology was to look at historical corridor
growth rates and the growth in development in the study area. A
regression analysis of historic traffic counts in the study area
(from 1977 to 1986) indicates that traffic has grown at a rate of
between 2.4% and 7.8% depending on the facility. Overall, the
east -west corridor has been growing at a rate of 3.5% per year.
This rate is typical of areas which are experiencing moderate to
high levels of development. The entire metropolitan area has had
a 2.9% annual growth rate during the period 1971-1986.
The main east -west routes in the study area are C.S.A.H. 9,
C.S.A.H. 10, C.S.A.H. 47, and the proposed Schmidt Lake Road.
Four screenlines (shown on Figure 2), which are lines drawn for
analysis purposes across several roadways that form a corridor,
were identified west of C.S.A.H. 18, midway between C.S.A.H. 18
and I-494; east of I-494, and west of I-494.
It screenline midway between C.S.A.H. 18 and I-494 was used for
baseline forecast purposes. The current volume at this
screenline is 29,600 vehicle trips per day (see Figure 2). The
1eveI of current travel desire across this screenline is
constrained because both C.S.A.H. 9 and C.S.A.H. 10 are two-lane
roadways of limited capacity. Both routes are scheduled to be
upgraded to four -lane roadways in the near future. Assuming a
3.5, annual growth rate, the future (year 2010) daily corridor
volume is projected to be 67,600. In addition, Highway 55 is
expected to reach capacity during this forecast period. 3,000
trips are forecast to divert to C.S.A.H. 9 as Highway 55 reaches
capacity. Thus, this screenline volume would be 70,000 vehicles
per day in 2010. Figure 3 shows the year 2010 screenline volumes
assuming no additional roadways.
The forecast volumes were' then compared to corridor capacity.
The daily capacity of a four lane roadway is 25,000 to 30,000
vehicles per day. Thus, the combined capacity of C.S.A.H. 9 and
C.S.A.H. 10 (when improved to four lanes each) will be 50,000 to
60,000 vehicles per day. Given the anticipated demand of 70,000
trips per day, both of these roadways would be over capacity by
the year 2010 (see Figure 3).
i
t
Mr. Fred G. Moore, P.E.
CONCLUSZONS
- 3 -
T -`A
June 26, 1987
In order for the corridor to have an adequate level of service,
additional capacity must be added. To the north, I-694 already
has capacity problems which limits diversion of traffic to this
area. As previously mentioned, Highway 55 is expected to reach
capacity during the forecast period and therefore is not
available for traffic diversion. Medicine Lake prevents the
addition of through roadways in the area between Highway 55 and
C.S.A.H. 9.
The addition of the proposed Schmidt Lake Road would meet the
expected increase in corridor traffic because of its well spaced
location between C.S.A.H. 9 and C.S.A.H. 10. In addition, the
grade separation at 49th Avenue North and C.S.A.H. 18 provides an
appropriate interchange point for the east end of the corridor.
Based on this analysis, a four lane roadway is justified in the
Schr.,iut Lake Road corridor to meet the demand of approximately
20,000 vehicles per day and maintain an adequate level of service
on tr,e study area road system. (Total demand is 70,000 vehicles
per day and capacity on C.S.A.H. 9 and C.S.A.H. 10 for planning
purpcses is 50,000 vehicles per day.)
According to current traffic counts, approximately 50% of the
traffic in the corridor leaves C.S.A.H. 9 and C.S.A.H. 10 at
I-494. Currently, this high level of turning volumes is being
handled by the diamond interchanges at C.S.A.H. 9 and
C.S.A.H. 10. These I-494 intersections are some of the most
congested in the corridor and, therefore, critical to I-494
operation. Other signalized intersections in the corridor
operate at a higher level of service because they have lower
cross street traffic.
If Schmidt Lake Road wore constructed with only a grade
separation at I-494, Schmidt Lake Road would only carry an ADT of
10,000 vehicles (a 50% reduction with respect to the amount of
traffic desiring to use it) while the traffic on both C.S.A.H. 9
and C.S.A.H. 10 would increase to 30,000 vehicles per day (see
Figure 4). These traffic levels would cause the intersections at
the I-494 interchanges of C.S.A.H. 9 and C.S.A.H. 10 to be over
capacity during peak hours.
Mr. Fred G. Moore, P.E. - 4 - June 26, 1987
j
With the addition of Schmidt Lake Road from-C.S.A.H. 18 to
Vicksburg Lane, including ramps at I-494, C.S.A.H. 9 and C.S.A.H.
10 would each have an ADT of 25,000 vehicles per day and Schmidt
Lake Road would have an ADT of 20,000 vehicles per day (see
Figure 5). Under these conditions, all intersections at the
I-494 interchanges would operate at adequate level of service (C
or better) during the peak hours of traffic.
The results of this analysis clearly indicate Schmidt Lake Road
will be needed by year 2010 to provide an appropriate facility to
maintain an acceptable level of service on C.S.A.H. 9 and
C.S.A.H. 10. Without Schmidt Lake Road, C.S.A.H. 9 and C.S.A.H.
10 will be overloaded based on the assumptions in this traffic
analysis. If development occurs at a more rapid rate, or if
individual intersections on C.S.A.H. 9 and C.S.A.H. 10 grow more
rapidly in terms of their travel demand, the volumes on Schmidt
Lake Road could increase. It is clear from this analysis that
without Schmidt Lake Road the travel time delays and level of
services at major intersections on C.S.A.H. 9 and C.S.A.H. 10
Will be unacceptable from a transportation planning perspective.
Without the construction of this road there are significant user
costs in terms of circuity of travel, travel time, air quality
impacts and additional gasoline consumption.
Detailed estimates of highway user costs due to circuity of
travel and additional travel time and delay were completed using
procedures and data contained in" Procedure for Estimating
Highway User Costs, Fuel Consumption,and Air Pollution'1980 -
U.S. DOT/FHWA - Office of Traffic Operations. The detailed
analysis has been included as an attachment to this letter. The
findings and conclusions of this analysis are summarized as
follows:
• Not building Schmidt Road vs. building Schmidt Lake Road
without the interchange' at I-494 results in $1,283,921 in
additional annual highway user costs. Assuming an annual
worth of present cost for the construction of Schmidt Lake
Road without interchange of $452,214, the cost -benefit ratio
of the construction of Schmidt Lake Road without a new
interchange would be 2.8.
• Not building Schmidt Lake Road vs. building Schmidt Lake Road
with a new interchange at I-494 would result in $3,112,999 in
additional annual highway user costs. Assuming an annual
worth of present cost for the construction of Schmidt Lake
Road with a new I-494 interchange of $961,464, the cost -
benefit ratio would be 3.2.
Mr. Fred G. Moore, P.E. - 5 -
June 26, 1987
Based on this analysis it is concluded that the construction of
Schmidt Lake Road with a new I-494 interchange is justified.
Detailed afternoon peak hour intersection capacity/operations
analyses were completed for the intersections of the existing
I-494 interchange ramps to C.S.A.H. 9 and C.S.A.H. 10 plus the
future intersections of the I-494 interchange ramps to Schmidt
Lake Road for the "No Build" and "Build" alternatives.. The
findings of these analyses are summarized in the attached
Table 1. Also attached are copies of the detailed computer
analyses for each of the intersections.
Further analysis is needed to identify key intersections along
propcsed Schmidt Lake Road. Signal warrants and geometric
requirements should be addressed for these intersections.
Detailed forecasted traffic volumes could then be generated to
address detailed design questions.
Please let us know if
in.crmation.
Very truly yours,
STRG'.P-ROSCOE-FAUSCH, INC.
Pete: A. Fausch, P.E.
Vice President
PAF/jal
Attachments
we can furnish you with additional
W
.,
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it
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Ar ua ^var•D:ogit;;, kf-iunneDin County'
_C .. tV CT' ?'ymoUtC nm ".a: -J KL Kicac C L'C
Aoc • .cc=nor. ;S 2'' -579r;;
"n -s :'•L': zas :o o:ec :eo ;tide• ,L..n• : A:Do . . c'jt . cr. cc
reC.:es: `narr :nc' '•:,tV o? P1ymoUtn. Crated Soo-ze:^UC'• -,. S, . -�O C: 0 n r,_..
Son!n-.at _a KU ;:Ue» : ^ouy^ 'INR Rr0teC:Cc: OvutIOnc 9 27--575:-t.
r i e c i ns cec tec t ^; c or•ooesec we i ar.c aeve: ': 0O!n6'•--_ : e:c
:nvo•:vi^C crc:ec:e:, wet i arm_ 27-579:-J i1na tour -,a 4 t o cr
emergent wet idnc wnicn orov'iae v -lrroo.-•tar-t feedinc 0,1C -.0',
var-c.y w- o'i'i-e inc;ue'inq :rla'i'iaru!; ailtedF;a^ts. T'lnK. J^c nU!r_'UL..
nonaa.^�o we:?cr.a Vi id iile) .:oFc•iev. Due: :a continues io:;::e:: ..•orn c-•c'in�s�.e: ar._
aevt !Uoment activ'i t-cs o' Wet ianc:: w'!tn'in .ne mc_ro re_'ic^. tr.esc re:r.a 1.
we::ancs are o'� vita' imoortanae to wi id i ire'.
.n daa"it'!On .,, -.ne"!r C.^"!t'!Ca! i w'1 !U I"'C va:::v t.^.eL;L W07 !c):` .0
ar•ads oerror m .many nycr•a L,q i�unCt'ions trid t ar-e ::er!e7- ciz It t Duu 1
dt n0 C0L* ..hvy ncltur'd I OrQZLCt'!Cn rrU!^ 'r CCC: d^C: "EC L; C; t.^.0
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important 0.J7"Ter• dr•edt; W.^.'IC.n ti iter anc av%3OrD c- 7C 'acc"•.
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imoact tnat tre a'_ : ie nevo :'Ur tnF oro,iec:t r•u iUlt; Our tne IC -WL; -:.C:
s:ter^.at-Ve ('-) C(JieC '^e EA4 ino'icijte; :-v -uac
not Dc nece:�:cr•y unti i 20 over, twority years rr'orr. noK.
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a !!Ia„o! tnarouohtaro within �00Z: O' tnf:ir �no!'el'inE:: w' .
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oretc,ct cur sta:c:'s rumd';n'ino wet;anu recce^:c. =Dr :nc u� 'er.�:.
r.oca!^rncnc tnat the Divi�'lUn Ot wtltc: 's DCirmlt :'V." tn'ISi D^U,,E=Ct DC'. ::E'nIE:C-
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0
STATIE OF MINNESOTA
COUNTY OF RAMSEY
_:L-4
4
CASE TYPE: OTHER CIVIL
DISTRICT COURT
SECOND JUDICIAL DISTRICT
S �? of Minnesota, by
_=-th People to Protect our Wetlands Court File No. CX -89-8873
Plaintiff,
vs. PROPOSED ORDER
Joseph N. Alexander, Commissioner,
Minnesota Department of Natural Resources
Defendant.
The above matter came on for hearing before the undersigned on
Th,_:rsdav, October 5, 1989, pursuant to the Plaintiff's motion for
te:rporary restraining order suspending the permit and for remand
to the Department of Natural Resources. The Plaint «= was
=�sented by Grant J. Merritt and the Defendant by _Special
..: ;_stunt Attorney General Donald A. Kannas.
used upon the arguments of counsel, the Affida•✓i_ and
_7:.randum of the Plaintiff, and all the files and proceeding=;
herein, it is hereby ordered as follows:
1. That Permit No. 89-6137 issued by Defendant allowing
the City of Plymouth to build a road extension across proteczed
wc,tland No. 27-579W, is hereby suspended and the matter
1
the issuance of said permit is remanded back to the Defendant
for appropriate administrative hearings.
IT IS SO ORDERED.
Allan R. Markert
Judge of the District Court
STATE OF MINNESOTA
CASE TYPE: OTHER CIVIL
DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
State of Minnesota, by Plymouth
People to Protect our Wetlands,
Plaintiff,
v.
Joseph N. Alexander,
AFFIDAVIT OF DENNIS EYLER
Commissioner, Minnesota ) File No. CX -89-8873
Department of Natural )
Resources, )
Defendant. )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
DENNIS EYLER, being first duly sworn, states and deposes as
follows:
1. I am a registered professional engineer, licensed by
the State of Minnesota. I am employed by Strgar-Roscoe-Fausch,
Inc. (SRF). I am trained as a traffic engineering expert.
2. The City of Plymouth retained SRF in 1987 and 1988 to
conduct traffic studies relative to the need for Schmidt Lake
Road. I participated in the preparation of both traffic studies
and am familiar with the data upon which the conclusions in the
studies were based.
3. I have read the affidavit of Thomas Stenoien and the
Plaintiff's Memorandum of Law in Support of Motions.
4. In Mr. Stenoien's affidavit and in its memorandum, the
Plaintiff asserts that there is no public need for Schmidt Lake
Road. The grounds for the Plaintiff's assertion are listed and
discussed below:
a. Plaintiff asserts that the 1987 SRF traffic study
indicated that Schmidt Lake Road would not be needed until
the year 2010. See Affidavit of Thomas Stenoien, 1f 2;
Memorandum of Law, p. 4. Plaintiff, however, has
mischaracterized both the nature of the 1987 traffic study
and its conclusions. SRF conducted the 1987 traffic study
to determine whether there was a need for Schmidt Lake Road.
SRF prepared its needs analysis using the year 2010 as a
target date. It is standard practice in the traffic engi-
neering industry to use a 20 -year time period when making
traffic projections. See Mike Christensen letter, p. 1
(Exhibit 1 to Affidavit of Thomas Stenoien). The 1987 study
was not designed to determine when Schmidt Lake Road would
be needed, but whether it would be needed by the year 2010.
The Plaintiff's quote from the 1987 traffic study, at page 4
of the Plaintiff's Memorandum of Law in Support of Motions,
is therefore misleading. By concluding that Schmidt Lake
Road would be needed by 2010, the 1987 traffic study was not
stating that Schmidt Lake Road would not be needed until
2010. The purpose of the 1988 traffic study was to deter-
mine when Schmidt Lake Road would be needed, and that study
demonstrated that there is an immediate need for Schmidt
Lake Road.
2
b. Plaintiff asserts that the determination of public
need is based upon "unrealistically high" growth projections
used in the SRF traffic studies. Affidavit of Thomas
Stenoien, 11 2. In its studies, SRF used an annual growth
projection figure of 3.5%. That figure is fairly standard
for communities in the metropolitan area and is conservative
when compared to the actual growth in the specific area of
the proposed road. The average annual growth figure for the
combined County Road 9 and County Road 10 traffic corridor
is 9.1%, based upon actual growth from 1977 to 1988.
C. Plaintiff also asserts that SRF used "excessively
low" capacity estimates for County Roads 9 and 10, which led
to a false indication of public need. It challenges SRF's
capacity estimates by reference to a letter from Mike
Christensen of the Minnesota Department of Transportation.
Affidavit of Thomas Stenoien, 11 7, Exh. 1. SRF used capaci-
ty estimates of 25,000 to 30,000 vehicles per day for County
Roads 9 and 10. Nothing in Mr. Christensen's letter contra-
dicts that determination of capacity for those roads. Mr.
Christensen did refer to Highway 252 in his letter and
indicated that, at 53,000 vehicles per day, that road is at
or over its capacity. From that statement, Plaintiff
concludes that all four lane roads should carry a capacity
of 50,000 vehicles per day. As Mr. Christensen repeatedly
notes in his letter, determining the actual capacity of a
roadway requires specific information regarding the roadway
in question, and the figures he cited for Highway 252 could
3
not be used as "absolute criteria" for any analysis. In
fact, there are substantial differences between Highway 252
and County Roads 9 and 10 that account for differences in
their capacities. Highway 252 is a principal arterial
roadway, while County Roads 9 and 10 are both minor arterial
roadways. Principal arterial roadways are designed to carry
greater volumes of traffic at higher speeds and over greater
distances than are minor arterial roadways. As a principal
arterial, Highway 252 has substantially fewer intersections
with residential streets than do County Roads 9 and 10,
which increases the capacity of Highway 252.
d. The Plaintiff also suggested that SRF's capacity
estimate for County Road 10 was low because it failed to
consider the future expansion of County Road 10. Affidavit
of Thomas Stenoien, 11 3. The Plaintiff is incorrect. In
all of its studies, SRF assumed that County Road 10 would be
improved in the near future.
e. The Plaintiff challenged SRF's conclusion that the
County Road 9 and 10 traffic corridor would be over capacity
even with an expanded County Road 10. Affidavit of Thomas
Stenoien, 11 3. The Plaintiff contends that SRF's conclusion
is not supported by the traffic counts cited in the 1987 SRF
study for County Roads 9 and 10. By the time that SRF
prepared its 1988 traffic study, however, SRF had more
accurate data than the data used in the 1987 study. The
traffic counts in the 1987 study were projected traffic
counts for 1986, based upon actual traffic counts taker, in
4
1985. When SRF conducted the 1988 study, it had actual 1988
traffic counts that showed a combined traffic count of
43,000 vehicles per day on County Roads 9 and 10. Using a
3.5% growth projection, the projected combined traffic count
for County Roads 9 and 10 would be 55,000 vehicles per day
by 1992, the approximate date that construction of Schmidt
Lake Road was expected to be completed. That projected
traffic count exceeds or nearly exceeds the combined capaci-
ty of 50,000 to 60,000 vehicles per day and demonstrates an
immediate need to construct Schmidt Lake Road.
f. Mr. Stenoien suggests in paragraph 7 of his
affidavit that there is no need for Schmidt Lake Road
because it would result in three four -lane roads "within
about a mile" carrying vehicles in the same direction. The
distance from a proposed roadway to other roadways does not
in itself provide a sound basis for determining the need for
the roadway. Instead, a determination of need depends upon
a detailed analysis of specific information about the amount
of traffic in the traffic corridor, the destination -type of
the traffic, and the capacities of existing roadways to
handle the traffic in the corridor. Nevertheless, where
Schmidt Lake Road is proposed to be built, the distance
between County Roads 9 and 10 is not "slightly greater than
a mile" but is 1.8 miles. An approximate distance of one
mile between minor arterial roadways is an accepted rule of
thumb for traffic planning purposes. The construction of
Schmidt Lake Road would result in an approximate spacing of
5
.9 miles between County Road 9 and Schmidt Lake Road and
between Schmidt Lake Road and County Road 10.
5. The Plaintiff also asserts in its moving papers that
the City failed to consider feasible and practical alternatives
to the construction of Schmidt Lake Road. Each of those asserted
alternatives is listed and discussed below:
a. The Plaintiff alleges that SRF failed to consider
the City's plans to expand Zachary Lane, which is a north -
south road that connects County Roads 9 and 10. Affidavit
of Thomas Stenoien, 111► 4, 6. SRF was aware of the City's
plans for Zachary Lane, but those plans do not resolve the
problem that creates the need for Schmidt Lake Road.
Schmidt Lake Road is needed because the projected growth of
traffic in the east -west corridor of County Roads 9 and 10
exceeds the capacity of those roads. Improvement of a
north -south road will not reduce the combined volume of
east -west traffic in the corridor, and it will not increase
the combined capacities of County Roads 9 and 10.
b. The Plaintiff suggests that SRF failed to evaluate
alternatives such as traffic signals and expanded use of
existing streets such as 45th Avenue North. Affidavit of
Thomas Stenoien, 111[ 5, 6. The City is considering the
possibility of improving the County Road 9 and Saratoga Lane
intersection to reduce queuing at that intersection.
Although improvements at that intersection may improve the
capacity of that specific intersection, it will not elimi-
nate the excess traffic on County Road 9 as a whole.
9
Similarly, expanded use of 45th Avenue North is not a
practical alternative to building Schmidt Lake Road. The
SRF studies demonstrated a need for a roadway to carry
east -west through traffic, and 45th Avenue North is not
designed to carry through traffic. It is unsafe to route
through traffic over streets designed for local residential
use. Although SRF did consider the alternatives suggested
by Plaintiff, it determined that the alternatives did not
provide feasible or practical solutions to the traffic
problems that create a need for Schmidt Lake Road.
6. Members of the SRF staff met on several occasions
during the permit process with staff members of the Minnesota
Department of Natural Resources (DNR). All of the issues raised
in Mr. Stenoien's affidavit were considered and presented to the
DNR at some time during the permit process, either in the written
permit application submissions or in discussions with DNR staff.
7. In my professional opinion as a traffic engineer, and
based upon the data that SRF obtained in connection with its 1987
and 1988 traffic studies, there is a present need for an addi-
tional minor arterial roadway such as Schmidt Lake Road to carry
east -west traffic in the County Roads 9 and 10 traffic corridor.
It is also my opinion that there are no feasible or practical
alternatives to the construction of the additional roadway.
Dated.
Subscribed and sworn to before me
this day of , 1989.
Notary Public
0066AF04.I34
7
Dennis Eyler
STATE OF MINNESOTA
CASE TYPE: OTHER CIVIL
DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
State of Minnesota, by Plymouth
People to Protect our Wetlands,
Plaintiff,
v.
Joseph N. Alexander,
Commissioner, Minnesota
Department of Natural
Resources,
Defendant.
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
AFFID"IT OF FRED MOORE
File No. CX -89-8873
I, Fred Moore, being first duly sworn, depose and say:
1. I am a registered professional engineer, licensed by
the State of Minnesota. I am employed by the City of Plymouth
("City") as the Director of Public Works.
2. I am familiar with the City of Plymouth Project No.
705, which involves the construction of Schmidt Lake Road through
a portion of Unnamed Wetland No. 27-579W in the City.
3. Attached as Exhibit A to this Affidavit is a true and
correct copy of a letter dated June 27, 1989 from Ronald D.
Harnack to me, enclosing a copy of Permit No. 89-6137.
4. In reliance upon Permit No. 89-6137, I recommended to
the City Council that they approve plans and specifications for
the construction of Schmidt Lake Road. The City Council approved
—=—
\
the plans and specifications and authorized the advertisement for
bids on the project on July 10, 1989.
5. On August 3, 1989, the City opened bids for the Schmidt
Lake Road construction project.
6. The City awarded the contract for the Schmidt Lake Road
construction project on August 7, 1989. The total amount of the
contract awarded by the City Council is $721,678.67.
Subscribed and sworn to before me
this day of , 1989.
Notary Public
0066AF02.I34
2
Fred Moore
i
EXHIBIT A
��nnMSTATEE OF
UVUVLS2JO� Mk
DEPARTMENT OF NATURAL RESOURCES
vHONENo. DIVISION OF WATERS - 500 LAFAYETTE RD., ST. PAUL, MN 55155 FILE NO.
296-4800
June 27, 1989
Mr. Fred Moore
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55441
RE: PERMIT #89-6137, SCHMIDT LAKE ROAD, UNNAMED WETLAND 27-579W,
CITY OF PLYMOUTH
Dear Mr. Moore:
Enclosed is your permit, #189-6137, which authorizes construction of
Schmidt Lake Road through unnamed wetland 27-579W. The City,
through its consulting engineer, Strgar-Roscoe-Fausch, Inc., has
demonstrated that a public need exists for the road and that there
are no feasible or practical alternatives to avoid wetland impacts.
Therefore, in accordance with the provisions of Minnesota Rules,
Part 6115.0190, Subpart 3, item F, the prohibition of filling to
create roads across protected waters is hereby waived.
The permit contains several attachments which pertain to the
mitigation requirements for the filling. These attachments were
also coordinated with the City's consultant but have been modified
slightly by Provision 3 of Attachment A to require a 75 -foot buffer
strip area between the road embankment and excavated mitigation
areas.
Thank you for your cooperation through the Department's permit
proce��. ;f you have any questions, please feel free to contact
Regional Hydrologist John Linc Stine at 296-7523.
Sincerely,
Ronald D. Harnack
Administrator
Permits/Land Use Section
Enclosure
cc: USCOE Hennepin SWCD
Shingle Creek WMO K. Lines, AWM
D. Johnson, C.O. J. Fax, St. Paul Waters
Tom Stenoien Tim Phenow, Strgar-Roscoe-Fausch
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NA -02733-01 PROTECTED WATERS P.A. Number
ZINNESOTA 89-6137
Department of atural Resources PERMIT
Division of waters
pursuant to Minnesota Statutes, Chapter 105, and on the basis of statemtnts and information containec --e
permit application, letters, maps and plans submitted by the applicant and others supporting data, all are made a Dart hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course,
current, ��voo ac�uvn v,
County
Protected Plater
Unnamed Wetland (27-579W)
Hennepin
Name of Applicant
Telephone Number (include Area Code)
City of Plymouth Attn: Fred Moore(612)559-2800
Address (No. E Street, RFD, Box No.. City, State,
Zip Code)
400 Plvmouth Blvd, P ' 55441
Autho-ized to:
excavate and place
fill to construct Schmidt Lake Road; install
culverts to equalize water levels on
either side of road, and; excavate to perform
mitigation as described in Attachment A; all as shown and described in permit
application and supporting plans and
materials received September 9, 1988, April 27,
1989, and May 30, 1989.
Purpose of Permit:
I Expiration Date of Permit
Road Crossing
Property Described as:
County
lHenneRin-
1W} Section 12, Township118 North Range 22 West
As Indicated: (8)
As Indicated: (11) the ordinary high water
Does not apply
level 913.10 ft. NGVD 1 29
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. This pe^cit is permissive only and shall not release the permittee from any liability or :t: : ga!;
by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in fere s.,t-E::
al- conditions and limitations now or hereafter imposed by lar.
2. Th s permit is not assignable except with the written consent of the Commissioner of Natural Resources.
3, The Regional Hydrologist shall be notified at least five days in advance of the commencement of the .Crk
he-eunde- and shall be notified of its completion within five days thereafter. The notice c :e'-.. ...:-_
by the Commissioner shall be kept securely posted in a conspicuous place at the sate of operations.
h. Nc change shall be made, without written permission previously obtained from the Commissioner of Nat�J•a:=es:_•:e:.
in the dimensions, capacity or location e; any items of work authorized hereunder.
Tne perrittee shall grant access to the site at all reasonatle times d,ring and after ccns:-u::i r t: 2.--:•::E_
representatives of the Commissioner of Natural Resources for inspection of the work authorized nertw'de'-
b. This Fermit may be terminated by the Commissioner of Natural Resources at any time he deems it ne:essa•,
the conservation of water resources of the state, or in the interest of public health and welfare, er '--w
of any of the provisions of this permit, unless otherwise provided in the Special previsions.
Construction work authorized under this permit $hall be com:letee cn or before date s;ecified z::�E. --- - --
request to the Commissioner by the Permittee, statirg the reason therefore, an extension cf t:me r2• :. ----•
F. 'he etcava:ion cf soil authorized here:- shat; n:t De ccrstr,ed incl%jde :he removal =� -
•ncitatec a:cveunless the area from whi: s.cr crca- ire 'ter is remCved, e'ti:---.
the z::.i:atic c` bentonite after excavatio.
:r 211 cases where the dcinc tv the peri:t'-ee :f anvthinc z_t`or ized by this permit steal: .....
_ daracing of any property rioht<- nterests of try p*,her person o' -erSCnS. Cr .
it -:5 :m: ovemerts the'ecn or interests the'E: the :!'r-ttee, bE'Cre Cr:CetC:r'y
.'E ,tE' ^SE'. all Derscrs, aoen::es, cr a,.tnc".t.es ce'ned, ac: sra'.. 2C...ro
2': 'E'Ec'c ne:essarr there*Cre.
PERMIT #89-6137
DATED. /
BY:
ATTACHMENT A
1. All mitigation work shall be completed prior to expiration of
the permit.
2. Mitigation for the road filling activity allowed by this permit
shall consist of: a) excavation of two areas totalling 2.0
acres, and b) preservation of upland areas by public dedication
or private deed restrictions.
3. Excavation areas outlined in Item 2.a., above, shall be
constructed as shown in Attachment B prepared by
Strgar-Roscoe-Fausch, Inc. (printed April 26, 1989) except that
no portions of the excavation shall occur within 75 feet of the
toe of the Schmidt Lake Road embankment. If this 75 foot
buffer strip area is disturbed during construction, it shall be
immediately restored to permanent emergent vegetation
(cattails, bulrush, or reed canary grass) by planting live
plant materials.
4. The 75 foot buffer strip area shall not decrease the area to be
excavated.
5. All excavated areas shall also conform to the following
criteria:
a. A variable (rather than an even -sided) shoreline should be
constructed to increase the amount of shoreline per unit
area and increase the waterfowl usage by providing
isolated areas for feeding and loafing.
b. The bottom contour should be uneven and rolling to produce
a variable water depth and allow for emergent vegetation
growth on shallow areas throughout the basin. Water depth
in shallow areas should be about 12 - 18 inches and about
3 - 4 feet in the deepest areas. The shoreline area
should have a gentle (10:1 to 20:1) slope to provide for
adequate vegetative growth, but can also be variable to
provide small vegetative "fingers" and open "bays" and
thus more edge.
Permit #89-6137
Attachment A
Page Two
C. The wetland should have a good clay seal to prevent
leakage. In addition, muck excavated from existing
wetlands should be placed in the bottom of the newly
created areas. This will provide the basin with a
naturally occurring seed bank and other material of high
organic content.
d. After construction, a layer of natural or domestic hay
shall be placed on the excavated area to allow a detritus
food chain to become established more rapidly.
e. The 75 foot buffer area around the perimeter of the
excavated areas shall be left unmowed and undisturbed to
ensure optimum wildlife production.
6. All upland areas to be preserved as described in Item 2.b.,
above, shall be those indicated by numbers 1 - 9 on Attachment
C prepared by Strgar-Roscoe-Fausch, Inc. (printed April 19,
1989).
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