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MINUTES <br />CITY COUNCIL <br />FEBRUARY 25, 2004 <br />PROPERTY Mayor Fahey opened the Public Hearing to consider the request for a <br />DIVISION & property division dividing a property into two lots, one lot for an <br />VACATION - existing residential home and the other to hold the mash area as <br />MACHIN conservation wetland at 2367 McMenemy Road, as well as the Vacation <br />PROPERTY of Fifth Avenue street right-of--way lying between Morrison Avenue on <br />the west and McMenemy Road on the east. The Planning Commission <br />has recommended approval of the property division subject to compliance <br />with the recommendations of the City Planner as well as approval of the <br />vacation. <br />Fahey expressed concern with a property division that results in the <br />creation of an outlot that may eventually go tax forfeit. Fahey stated that <br />while he had no doubt that the intentions of the applicants are good, he felt <br />there may be a better way Yo protect the wetland without creating a <br />separate outlot. Fahey suggested that City staff research the options and <br />suggested that there may be a way to declare the wetland portion of the <br />property as a conservation district that will protect it from future <br />development. The City Attorney agreed that that was a possibility. <br />Fahey suggested that guidelines could be drafted establishing criteria for <br />size, location, etc. for conservation districts. Fahey asked if the Machin <br />Family was accepting of the delay to allow the City to research this option. <br />Terry Machin reported that while the family would like to settle the estate, <br />he was agreeable to a short delay. <br />Anderson suggested that there may be other options available, such as <br />dedication of an easement over the wetland portion of the property to the <br />Minnesota Laud Trust or other conservation organizations. Anderson <br />pointed out that the easement would prohibit development of the property <br />while allowing the family to retain ownership. <br />Fahey asked if there was anyone from the general public present wishing <br />to comment on this matter. <br />Duane Schwartz, 2400 Morrison Avenue, reported that he suppoi7ed the <br />Machin Family's efforts to protect this wetland area. He urged the City to <br />find a way to aid in this effort. <br />Fahey noted that there may be options for the donation of the wetland area <br />to the City or conservation groups that would allow the family to preserve <br />the wetland while realizing a tax benefit. <br />9 <br />