Council_Minutes_1988_10_24 - Laserfiche WebLink

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Mounds View City Council October 24, 1988 Regular Meeting Page Four Mr. Peterson explained if the 100' buffer was added to 'the A rmy Corps of Engineers, it would not be any greater than the impact from the mitigation. He pointed out there is also the opportunity to add additional mitigation in the future. Mr. Ayaz stated he did not want the City to set a precedent for other wetlands. He added an excellent job has been done here, with the proposed wetland being much better than what is there now, but he is afraid the building encroachment would set a precedent. Clerk /Administrator Pauley replied the City has dis- cussed this in depth with the City Attorney, and they feel there are enough extenuating circumstances in this case, that they could continue to enforce the ordinance. Mr. Ayaz replied he was satisfied. Attorney Karney added the circumstances in this develop- ment are unique and he feels they can remain consistent in applying the Code on a case by case basis. Mr. Koppie reviewed the traffic projections, clarifying that they are for truck traffic, not cars. Ms. Ayaz noted it had been brought up at the joint Planning Commission /City Council meeting last week that a good portion of the site had already been cleaned, and in looking at the wetland ordinance, that is a misdemenor to clear any vegetation before the City has issued a permit. She stated she under- stood the owner of the property had done the clearing and asked what action the City would be taking against him. Clerk /Administrator Pauley replied that after consult- ing with the City Attorney, a letter of warning was sent to Mr. Miller. Attorney Karney explained that if legal action more than a warning letter was taken against this property owner, they would have to do the same to all the other property owners in the City, including residential, who may have mowed their lawn too close to a wetland. He added the fine could be up to $750 or 90 days in jail, or both. Cou;icilmember Hankner noted in a previous case a warning letter had been sent and thus a precedence was set to send a warning. She added it is a problem throughout the City with garbage and grass clippings being dumped in the wetlands, and they must educate the public.