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Mounds View City Council August 8, 2005 <br />Regular Meeting Page 9 <br /> <br />information back to the Rice Creek Watershed District. He stated that once the information has 1 <br />been received and the permit is approved the City would receive a fax from Rice Creek 2 <br />Watershed upon issuance of the permit. He assured the Council that the City would know, in 3 <br />advance, about any activities that would be occurring on that site. 4 <br /> 5 <br />Mayor Marty asked if the Rice Creek Watershed would receive the results from the soil borings 6 <br />for the footprints of the building locations and would the information be forwarded to Rice Creek 7 <br />Watershed if the area is deemed to be a wetland area. 8 <br /> 9 <br />Director Ericson stated that the Rice Creek Watershed would not receive the results from the soil 10 <br />borings because it is a City issue. He explained that the judges ruling indicated that the City’s 11 <br />wetland zoning provisions, the alteration provisions and the buffer provisions are not applicable 12 <br />in this case. He stated that the judges ruling looked at it from a 1972/73 perspective indicating 13 <br />that anything adopted since then should not apply to this case, with the exception of the building 14 <br />and fire codes. He stated that when the City receives the plans for the buildings Staff would 15 <br />review them based on the current codes. He assured Council that Staff would review them very 16 <br />closely to make sure they do satisfy all requirements for a building of that size. 17 <br /> 18 <br />Mayor Marty asked if the Rice Creek Watershed district would have anything to say about the 19 <br />developer being able to build within a wetland or could the developer actually fill and build 20 <br />within a wetland area. 21 <br /> 22 <br />Director Ericson stated that the developer provided a wetland delineation report to the Rice 23 <br />Creek Watershed District and the Rice Creek Watershed did accept that delineation. He 24 <br />explained that there is some mitigation that would be occurring with that site and Rice Creek 25 <br />Watershed has approved the mitigation plan for that development. He stated that in terms of 26 <br />finding wetland that is not going to occur because they have already identified where the wetland 27 <br />areas are located. He noted that the soil borings could result in unsuitable land or soil and they 28 <br />would then have to do some engineering to provide stability for the homes or they could 29 <br />determine that it would not be cost effective to build a home due to poor soil. He stated that they 30 <br />could opt to leave that sit rather than construct on the poor soil. 31 <br /> 32 <br />Mayor Marty stated that it was originally reported to the Council that if there were any changes to 33 <br />the original plat that the original justification or approval would be null and void and asked if this 34 <br />is correct. 35 <br /> 36 <br />Director Ericson stated that this was not correct and explained that if there are any changes to the 37 <br />site plan that would relate to drainage, runoff, location of the drive aisles or anything that affects 38 <br />the approved stormwater management plan for that site would have to go back through the Rice 39 <br />Creek Watershed Board of Commissioners for review and approval. He stated that it would not 40 <br />negate the permit but it would require that the Board review the changes and address any issues 41 <br />at that time. 42 <br /> 43 <br />Council Member Thomas stated that this discussion has gone beyond the scope of public input 44 <br />and suggested that this item be included on the agenda for the next Council work session. 45