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Mounds View City Council July 25, 1988 Regular Meeting Page Six Mr. Merila stated Mr. Harstad did not want to set a q precedent of purchasing property when he felt it was f the City's responsibility, so he declined the oppor- tunity to purchase it himself. Mayor Linke asked if Mr. Harstad had pursued it any further after the City informed him they would not provide the property to him. Mr. Merila responded he was not sure. Mr. Thorton stated the focus of the hardship is on the City's current wetland requirements, which would essentially preclude development of all but one of the lots. He added a taking has occurred with the refusal to allow building within the 100' buffer, and thus, a variance must be granted. He stated that Barr Engineering concedes their proposal would enhance the phosphorus stripping capacity. He added it was also a hardship in requiring 100% stripping, as it is impossible, and more is known now than in 1982 when the ordinance was written, and if private property is to be used for public purposes, the owner must be compen- sated. Mr. Thorton also expressed displeasure with the City's recording secretary, as it was his opinion she was not including all the pertinent information he wanted in ,the minutes, or the essential points made by Mr. Merila. City Planner Herman reviewed her memo to the Council of July 20, summarizing the various issues to be addressed. She explained it was the Planning Commission's opinion that, taking into consideration Chapters 48, 49 and 49A, with the illustrations presented by the developer, that the conditions for granting the variance could not be met. She added that due to time constrains in which the Council must take action, they have not had enough time to research new metho4oloyy to assess the phosphorus stripping, and the Planning Commission had felt there was incomplete information given to them at the time of application concerning Chapter 48.06 and how the developer would address that. It was noted the representatives from Barr Engineering were present, and they ha',1 no comment to make. Ken Briggs, of Harstad Company, introduced himself. Mr. Merila explained that it was his understanding at the time of submittal that the information being provided to the Planning Commission was adequate, and when he became aware that additional was necessary, it was submitted to the City, and since Staff was not available at that time, =due to being on vacation, it was not given to the Planning Commission until their meeting. He added that he had a copy of the ordinance and had felt the information he originally submitted was adequate.