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Mounds View City Council August 23, 1999 Regular Meeting Page 19 Ayes—3 Nays—0 Motion carried. Planning Associate Ericson inquired if the Council would also direct staff to prepare a resolution of approval for the consideration of the conditional use permit at the next Council Meeting. Mayor Coughlin stated this was the consensus of the Council. C. Public Hearing to consider wetland alteration permit and the Introduction (First Reading) of Ordinance 638, an ordinance vacating part of a drainage and public utility easement over lots 17 & 18, Edgewood Square. Mayor Coughlin opened the Public Hearing at 8:30 p.m. Planning Associate Ericson stated Greg Peterson, representing Oakwood Land Development, was requesting the City vacate a portion of a drainage and utility easement upon Lots 17 and 18 of Edgewood Square, which is located to the north of City Hall, on Pinewood Circle. He stated a similar request was made in 1997, before a previous City Council, for the partial vacation of the easement, as well as a Wetland Alteration Permit. He stated the Council at that time, denied the request. Planning Associate Ericson stated this item was brought before the Planning Commission at their meeting on August 4,and the Planning Commission unanimously recommended to the City Council that the request be denied. Planning Associate Ericson stated this request was to allow for two single-family homes to be constructed upon Lots 17 and 18. He stated at the time the plat was recorded, there was a drainage and utility easement dedicated over the entirety of the two lots, and an adjoining third lot, under the assumption that they were not buildable. He stated there were less clear definitions regarding what constituted a wetland at that time, and the prevailing opinion was to base the definition upon a specific contour and elevation. He stated, in this case, it was the 904- foot contour, which extends across all three lots. He stated in order to approve the plat, Ramsey County Soil and Water Conservation District, and the City Engineer, recommended that there be easements upon these lots, which were dedicated to the public in perpetuity. Planning Associate Ericson stated the lots no longer serve a purpose for drainage and utility. He stated that a wetland delineation has been done on the subject properties, which indicates the applicant's proposal would not impact the wetland, and that the construction would fall outside of the wetland. He stated Rice Creek Watershed District had verified this delineation, and has issued a permit for the proposal. Planning Associate Ericson stated the consideration is whether or not there the easement presents any public benefit. He stated upon speaking with the City Attorney, it was determined the City Council is not necessarily under any obligation to vacate the easement, particularly if there is a possibility that there is some present or future public benefit to be gained by retaining the easement. I9C:\A DM IN\MINUTES\CC\8-23-99.CC