03-24-10 Council Minutes - Laserfiche WebLink

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MINDT)JS CITY COUNCIL MARCH 24, 2010 Montour asked about the ownership of Outlots A and B. It was noted that Outlot B will be owned by the developer, while Outlot A will be owned by the homeowners' association. 'T'here was discussion about the order of actions to be taken this evening, and the City Planner recommended that the Council first deal with the request for an Environmental Assessment Worksheet. The next steps would be to act on the Final Plat and then the Development Agreement. The City Administrator reported that Dave Himmclbach has requested that the City require an Environmental Assessment Worksheet for this property given a number of reasons, including a spring on the property, willow seeps, vegetation, wetlands, wildlife, archeological significance, Indian usage of the land, and artifacts that Mr. Himmclbach has reported he found on the land. The City Administrator noted that Mr. Himmclbach has not produced the artifacts after numerous requests that he do so by the City over the past few years. The City Administrator reported that there are certain situations wherein ail EAW is mandatory, and the Gervais Woods development proposal does not trigger a mandatory EAW. The Administrator also indicated that there are certain situations wherein a development is exempt from an EAW, and the Gervais Woods development proposal may be at exempt status. 'The Administrator reported that an EAW is triggered when there is construction of a sewer in a Shoreland District or a flood plain. The Administrator reported that part of the Gervais Woods property in Maplewood is in a flood plain, however, there will be no development occurring in that area or in any wetland area. The Administrator reported that it is the City Council's decision whether or not an EAW is warranted. He further reported that a petition requesting an EAW must be signed by 25 individuals. The request before the Council is from Mr. Himmclbach only. Dave Hinnnelbach, 2970 LaBorc Road, appeared before the Council and f rst requested a moment of silence be observed on behalf of long underwear. Himmclbach then indicated that in requesting an EAW he was not trying to stop the Gervais Woods project, but trying to initiate a procedure so that the property is developed responsibly. Himmclbach indicated that the Council informed him that the onus was on him to produce the artifacts that he found, and indicated that he has not found them. He has, however, provided a sworn, notarized statement indicating that the artifacts do exist. Hiimnelbach recommended that the Council follow his request and order the EAW. 4