HomeMy WebLinkAbout1980 05-28 Dealership mired in wetlands dispute THE REVIEW Dealership mired in wetlands dispute
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By MARY LEE HAGERT supplemental appropriations bill in April "worth the paper it is printed on." The Corps denied McDaniels a permit to approximately its final contour. The
that included six lines placing McDaniel's Essling said he believes the law is an place fill dirt on the property. The permit is the first step before construction
Whether Ron McDaniels will be allowed property under the jurisdiction of the "illegal act" on the part of the property owner filed a suit in U.S.District can begin, according to Geoff Olson,
to build a Toyota dealership on his state Department of Natural Resources Legislature. Court and Lord presided over the case. Maplewood city planner.
property in northern Maplewood is still up (DNR). District Court Judge Miles Lord ruled At the city council meeting,McDaniels
in the air. earlier that the property is not a wetland asked council members to drop a WHEN ASKED about grading plans for
McDaniels of Bloomington has been THE PROPERTY is a marginal area. "It is not a function of the stipulation they had made earlier that the property, Stephen Boerboon, an
struggling for nearly two years to build a wetland that does not normally fall under Legislature to overrule a district court Beam Avenue be upgraded before con- engineer for the construction project said,
12,419 square foot building and 252 vehicle the jurisdiction of the Department of judge and say it is a wetland,"Essling struction can begin. "I haven't met with the owner lately.I
parking lot on his 3.94 parcel of land near Natural Resources. "The 1980 said. Beam Avenue borders the northern have a meeting with him next week to see
Kohlman Lake. Legislature's action apparently changes The preliminary draft of the edge of McDaniels' land. The council what he is going to do."
The controversy,legislation and legal that," said Kent Lokkesmoe, a DNR Legislature's law is dated April 3.Lord dropped the requirement because it had The state hydrologist said he mailed
battles over the project have kept metropolitan hydrologist. rendered his decision on the property on previously denied a project to upgrade the McDaniels a letter on May 15 informing
McDaniels from proceeding with his William Essling, an attorney March 30. street's surface. him the DNR would have to evaluate the
construction plans. representing McDaniels, told the JUDGE LORD handed down his On May 16, McDaniels purchased a entire project as part of its permit
The most recent hold up came when the Maplewood city council on May 15 that he decision on the case involving the U.S. grading permit through the city. The process."Under the law passed by the
1980 Minnesota Legislature passed a didn't think the Legislature's law was Army Corps of Engineers and McDaniels. permit allows him to grade the site to Continued on page 15
THE REVIEW Wed.,May 28, 1980 Page 16'A
Dealership by Sen. Jerome Hughes (D$)-
Maplewood) and Sen. Dee Knaak (IR-
Continued from page 1 White Bear Lake).
When asked about the question of file
Legislature specifically for this land, constitutionality of the law govern*
McDaniels can not go ahead with grading McDaniels'land,Sen.Hughes said,"We
until he receives our permission," (the Legislature)don't make judgmetis
Lokkesmoe explained. about the legality when we act as a whole
"If they (McDaniels) go ahead with body.When the Legislature acts,it is fOr
grading before getting the permits from the benefit of the entire state.
the DNR,we would have to talk to the "I'm not sure the Legislature knew
state attorney general about what to do, about Judge Lord's court decision.I think
since this is not a typical waterland that the Legislators were reacting to the
we have jurisdiction over,"Lokkesmoe Maplewood citizen's concerns about the
said. property,"Hughes commented.
Previously,McDaniels said he was very Among the most vocal of citizeigs
anxious to get started on constructing the speaking against the construction of the
Toyota auto dealership. He said the auto dealership have been members of
Toyota Company was becoming im- the Kohlman, Gervais, Keller Lakes
patient and was looking for alternative Improvement Association.
sites for the dealership if he wasn't They are worried that oil and gasoline
allowed to proceed soon. from the dealership might seep into the
nearby lake and pollute it.
THE SIX LINES passed by the state Neighbors along Kohlman have ex-
Legislature concerning McDaniels' perienced flooding of their property froth
property was offered by Sen. Gerald the high lake water level. They are
Willet,(DFL-Park Rapids),chairman of concerned that increased water runoff
the state Senate Agriculture and Natural from the parking lot will create more
Resources Committee.It was supported flooding.
Don Christianson, president of the
association,in a letter to the Review said,
_ "Our organization supports any
legislation that will preserve critical
wetlands and improve our waters."