03-24-2004 Council Agenda - Laserfiche WebLink

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