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Mounds View Planning Commission August 4, 1999 Regular Meeting Page 15 1111 stated the issue is the neighbors, who do not want two more houses in the area, because they use the lots almost every day all summer long, and their children play on the lots. He stated that it is Ms. Haselius who is held liable if those children are injured on that property. Mr.Peterson stated, in good faith, Ms. Haselius and the developer granted the easements, which are no longer necessary. He stated that the reason for the easements was not open space. He explained the City did not state they wanted the easements for open space. He stated the City requested the easements for water storage, and to prevent interference with the wetland, and that neither of these reasons apply any longer. He stated, if the Commission is to listen to the neighbors and leave the lots as open space, it will not be in keeping with the original intent. He stated that $10,000 in property tax has been paid for the subject lots, through 1997. He stated the property taxes have not been paid following the denial of the City Council, on a three-to-two vote, in 1997, and may well go delinquent. He stated the $10,000 in property tax was paid because they had reason to believe that the wetland delineation and the reason for the easements were changing. He stated that these have changed, the wetlands are not located as previously believed, and the flood storage capacity issues have been resolved. He inquired how they could be required to pay $10,000 in taxes, and not be allowed to develop the lots. He stated this was not fair or right. Mr.Peterson stated the neighbors do not want two more houses, although, basically the same type as 11) those already in the area, possibly more expensive, because they want to use Ms. Haselius' land. He stated they wanted to look at it, drive by it, and literally use it. He stated this proposal presented no negative impact to the neighbors. He stated that Ms. Haselius, having lived in Mounds View for 51 years, and being retired on a fixed income, is greatly impacted by not being allowed to develop the two lots. He stated that she is impacted in the amount of$37,000. He inquired how much this proposal would hurt the neighbors. He stated that Ms. Haselius had acted in good faith. He stated that the Council narrowly denied this proposal in 1997. He requested the Planning Commission recommend to the City Council that they vacate the easements. Acting Chair Stevenson inquired why the matter was coming before the Planning Commission, with virtually no changes since 1997, and not going directly before the City Council. Ericson stated staff felt that with the land use implications, and in light of the comprehensive plan revision, it might be useful for the City Council to hear a recommendation of the Planning Commission. Commissioner Kaden inquired if the map presented to the Commissioners upon their membership to the Planning Commission was still accurate. Ericson stated that this zoning map does not accurately represent any wetlands within the City. Acting Chair Stevenson opened the floor for public input at 8:21 p.m. Tony Miskowiec, 2396 Pinewood Circle, stated he was a new resident to the area. He stated he had moved to the area from northeast Minneapolis, where they are about to spend hundreds of millions of dollars reclaiming nature along the river. He stated he started a neighborhood organization, which purchased lots, and took down the houses to develop open spaces. He stated that this kept the property values up. He stated that open areas have been proven to keep the property values high.