4.a emails `
Anne Hur1burt
Fnmnn: Molly Shodeon [Nn||y8hodnen@dnr.otahe.mnuu]
Sent: Thursday, August 28. 2O08311 PM
To: BorryE. Farrington
Cc: e.hudburt@hci.ncandia.mn.um; Craig Wills
Subject: Re: Stanek Plans
it looks like there have been some positive changes to the plans for the Stanek home to
keep in more compliant with the oboreIand management standards and more in keeping with
the neighborhood. As far as a raiogazdeo within the 0HW, it would have to be
demonstrated that this is the best spot for it and the location would have to be reviewed
in the field to determine what permits would be required, depending on factors such as
what vegetation is currently in place. If Washington Co. CD is involved, it may be
possible to accomplish the project under their general permit . We can work on this at a
later date to formalize plans and locations etc. Thank you for the city'a efforts on this
proposal .
^/> ^oezzv E. Farrington" <bezry. farzington@tkdo.com^ 8/28/2008 11 :05 mg
mmIly' this is one of two emails.
Berry
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September 1. 2OO8
As a resident ofNew Scandia for more than 30yeens. | am both disappointed
way events are occurring in the C0n101Unitv. My COn&8rO3 relate primarily t sf�__J
for avariance On that property described as |O1O. Block 1, Holiday Beach Second Plat. Since |
have no interest in this lot on @ personal b8sis, my concern in the matter relates S<riC1|y to my
past experience in the matter Ofmaintaining water quality and healthy eCOnOrDiC d8ve|0pnleoi in
the community.
In the early 1880S. John JurgeDs who was then our County Commissioner asked me to become
a member of the newly formed Housing Redevelopment Authority (HRA). In addition to some
relatively basic functions such GS fuel 8S3iSt8nC8 and OlOOitO[iDg Section-8 housing oon1racta,
the primary focus Of the organization at that time was toattempt to find a solution (n the extreme
flooding on Big Marine and Big Carnelian |8k8S, The 8ctU8| vv8<e[ level at that time On Big
M3hO8 Lake was [n883ur8d 3t approximately S40 and 947 feet AGL For those people who
were not residents at the tinl8, an indication of the seriousness of the situation can be gauged
by understanding that the present control level of the lake is approximately 942.4 feet ASL.
The flooding pnDb|enn at that time was compounded by an extn8nl8 degree Of pO||UtiOD to both
lakes resulting from flooded septic systems, fuel tanks and a variety of other prOb|8nnS
stemming from the flooding and the inundating of what had been residential development along
the lake shores. The county board requested our agency (the HRA) to investigate the
possibilities of establishing a community sewer ayS18nn that would prevent such pnOb|ernS from
recurring in the future, thus 8SSUriOg that the nlGxi[Du[O C|e@O water level attainable under the
circumstances would be maintained.
After more than two years of work and analysis our board was tasked by the county board to
establish the largest geographic tax |nc,8nlen1 financing (T|F) district in the state Of Minnesota.
Using the good faith and credit of Washington County as well as months of value analysis of the
existing situation and what vve proposed and projected vvOu|dUe the future result Of lake control,
we sold bonds to establish a controlled overflow that would 8U0vv us to maintain the lake level at
its present elevation 0f942,4 f88tASL
With the good faith ands credit 0fthe County as bonding cO||atena|, we applied for and were
awarded Federal 201 Grant funds to establish community sewer systems for the watersheds of
both Marine and Carnelian lakes.
When the 201 Grant was fund9d, it was emphasized to us that the funds provided and the
sewage SySt8nOS to be constructed were in D0 way tO be COOSt[u9d as tools for development.
Rather, like the FEMA aSS/otsno* to New Orleans after KuniC8O8 Katrina, the funds were
intended solely to provide relief for property owners with existing residences on both lakes.
Despite some misgivings of the county board about the likelihood of repaying the debt of the
bonda, we actually retired the bonds 10 years before they were due with o surplus of nearly
$300.000.00. This 0CCUF[8d largely due t the [CSO|UtiOn and dCUiC@tiOO Of area residents to
maintain and upgrade their properties despite the hardships that most had experienced.
| was then asked to appear before the county board to address the issue of the surplus funds
C0UeC<ed by the T|F district, | asked them tO consider rebuilding the infrastructure damaged by
the y8G[S of flooding, which mainly included the road b8US in the COnlrnVnity.
Since statutes in Minnesota prevent T/F funds from being utilized to blacktop Or otherwise hard
surface rO@dS, the final Surfacing of the roads was done by assessment but the roads
themselves were largely paid for by the increased property values and new construction that our
bO8nj forecast and projected accurately based on Our cumulative years of experience in the
various fields of real estate in which most ofuSwere employed,
When the lake control and the sewer systems were in p|8Ce. | tendered my resignation from the
HRA board, However, Dennis Hegb8qJ our current County Commissioner asked nnu to serve on
the watershed board for Carnelian Marine watershed district, which / accepted. | Served On the
board for number of years as o nnonnber and later GS its chairperson. During that time we
established 8 lake monitoring procedure that | believe iS still in use 8t the present time.
For the past 28 years of my career, | have been a professional real estate opproioer, a
cVrnrnerCio| b8nker, m developer and 8 property owner specializing in oornrnoroia| and sub
development properties. In addition, | have been qualified by the courts in approximately 1/3 Of
the counties in Minnesota as well as Seven or eight states across the nnuntry, as an expert
witness in nn8<t8rS of real estate valuation, development and related areas. |'rn reasonably
Certain that my background gives me at least as much expertise in the area of land use as
several Of our 8|8C<ed OffiCi8|S and paid S18ff ennp|Oy9eS, who appear to be on a mission of
desperately attempting, in this cose, to allow development on what is clearly substandard lot
based 0n our own ordinances.
AS O@vg Hebert. | think will agree. laws are aSsonUa||y formulated with three inherent
characteristics, these being a: the letter Of the law, b: the spirit of the law and o: the intent ofthe
law. Meeting only the letter 0f the law bv itself does not meet the criteria Of ethical propriety.
| find it both disturbing and intellectually insulting that officials elected to represent the best
interests of the Ci1iZ8nS of the Cornnlunih/ are attempting to and nlinirnioa the intent and spirit of
nriUCo| requirements contained in Our zoning ordinance to 8UOvv this and Other borderline
development <Ooccur.
My friend John BOvver, with vvhOrn | served on the C/K4 watershed board and who is the longest
running chairperson of that board S8Ot a letter to the city, dated August 26. 2008. addressing
this matter, dated. John correctly points out several important and serious issues that our
elected officials should be aware of or should have made themselves aware of.
John also brings up the issue of valuation dGnDag8S to adjacent or peripheral property owners,
an issue which | have had extensive litigation experience in Over the years. If this b000nnes an
issue here, | have offered the services Ofrnyfirm, pnO'bOnO. to any area property owner who it
can be determined, has Suffered property damage as a result Ofthe ci1y'3 GcdOn3 in this and
related matters.
David M. Borg