Agenda Packets - 1999/10/25 - Laserfiche WebLink

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Item No. It -� Staff Report No. Meeting Date: October 25, 1999 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Approval of a Limited Use Agreement to Allow a Driveway over and across Unimproved City Right of Way. Date of Report: October 21, 1999 Background: On September 20, 1999, Spencer Mistelske was before the Council to request that the City Council consider a proposal to allow for a driveway to be constructed over and across unimproved City right of way. Mr. Mistelske reported that he had entered into a purchase agreement with the property owners of Lots 2 and 3, Block 1, Smuder Addition. The agreement, which has not yet been exercised, was contingent upon favorable wetland analysis, soil borings and City allowance of said driveway request. Mr. Mistelske stated his willingness to sign a limited use agreement which among other things would absolve the City from any potential liabilities and indemnify and hold harmless the City in any and all events. He further stated that at some point in the future if Laport Drive is constructed, he understood that he would be accordingly assessed for the adjacent improvements. The Council discussed this request and directed staff to coordinate the drafting of a limited use agreement to allow for the driveway, contingent upon the results of a wetland delineation study for the subject parcels. This study has been completed, the results of which are attached to this report. The study indicates that the edge of the wetland is a significant distance from the lots in questions--as staff and a representative from SEH had assumed. The 100-foot buffer only slightly encroaches upon Lot 3. The driveway would be located on that part of Laport Drive which is outside of the buffer area, which would eliminate the need for a buffer permit. Discussion: Approving the Limited Use Agreement would not prevent the City from exploring development possibilities within the"Laport Meadows" area, often referred to as the"Little Woods." The agreement indicates that Mr. Mistelske would be responsible--as would any other property owner--for any assessments resulting from street improvements in the event a street is constructed on the unimproved right of way. The City would not maintain this driveway nor would it be liable for any claims or judgements associated with the driveway.