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Mounds View City Council October 25, 1999 Regular Meeting Page 25 the applicant would be responsible for any and all appropriate assessments, in the event LaPort Drive is improved, and the applicant has agreed to this. Planning Associate Ericson stated, in light of this information, and Council's direction at the September 20 meeting, staff has brought before the Council the Limited Use Agreement, and Resolution No. 5381, which authorizes the execution of the Limited Use Agreement. He advised staff recommends a stipulation be added to indicate that if it is shown that the wetland delineation is inaccurate, the applicant would be responsible for obtaining a Wetland Buffer Permit. He explained that Rice Creek Watershed District was unable to examine the site prior to the Council meeting to verify the accuracy of the delineation. He pointed out, however, SEH staff and other individuals have been to the site, and staff has prepared a site plan which indicates staff's understanding of the location of the wetland, and it is in agreement with the indications provide by SEH and their wetland specialist. He stated therefore, so staff feels very confident that the delineation is accurate, however, in the event that the buffer is closer than is thought, the applicant would be required to come before the Council for a Wetland Buffer Permit. City Attorney Long advised that this action would be to authorize the execution of the Limited Use Agreement, with the stipulation pertaining to the Wetland Buffer Permit added as part of the execution. MOTION/SECOND: Stigney/Thomason. To Waive the Reading and Approve Resolution No. 5381, a Resolution Authorizing the Execution of a Limited Use Agreement to Permit the Installation, Use and Maintenance of a Driveway Over and Across Unimproved City Right of Way, As Stipulated to Indicate If It Is Shown that the Wetland Delineation is Inaccurate, the Applicant Will Be Responsible for Obtaining a Wetland Buffer Permit. Ayes—4 Nays—0 Motion carried. 11. Next Council Work Session: Monday, November 1, 1999—6:00 P.M. Next Council Meeting: Monday, November 15, 1999—7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 9:02 p.m. Transcribed and recorded by: Trish Pearson TimeSaver Off Site Secretarial, Inc.