Agenda Packets - 1999/08/23 - Laserfiche WebLink

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Item No. / Staff Report No. Meeting Date: August 23, 1999 Type of Business: PH& CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and Consideration of a Wetland Alteration Permit and Drainage and Utility Easement Vacation over Parts of Lots 17 & 18, Block 1, Edgewood Square (Pinewood Circle) Date of Report: August 19, 1999 Background: Greg Peterson, representing Oakwood Land Development, has requested that the City vacate a portion of a drainage easement that covers Lots 17 & 18 of Edgewood Square which had been dedicated to the City as a result of the platting of Edgewood Square in 1982. Even though wetlands are present over parts of Lots 17 & 18 and all of Lot 19, drainage easements were dedicated for the entirety of these three lots. This was done to satisfy Minnesota Soil and Water Conservation District concerns and City concerns about the potential for flooding and runoff in this area. In addition to the easement vacation, to build on the two lots, a wetland alteration permit would need to be obtained because work would be done within the wetland as shown on the City's official Wetland Zoning Map. Approval would also be needed from the Rice Creek Watershed District. The applicant made a similar request with regard to these two lots on September 9, 1997, however the request was denied by the Council on 12/8/97 because it was felt that the easements were granted in good faith and that the lots were never intended to be built upon. Discussion: According to Section 12.06 of the City Charter relating to Vacation of Streets, the Council may by ordinance vacate any street or alley or other public grounds or part thereof within the City. Minnesota Statutes and the City Charter require that vacations require a public hearing. Such vacations may be made only after published notice in the official City newspaper and for providing the affected property owners and public to be heard. This action shall be recorded with Ramsey County to take effect. The City Attorney has advised staff that the vacation of an easement may be appropriate in the event the easement area no longer serves a public benefit, however the City is not necessarily under any obligation to do so. When originally platted, these two lots and a third were placed in a drainage easement as they were deemed to be unbuildable due to the presence of wetlands. The City since that point has adopted