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Mounds View City Council September 12, 2005 <br />Regular Meeting Page 4 <br /> <br /> 1 <br />Director Ericson advised that several neighbors contacted Staff with questions and one is 2 <br />concerned about runoff issues which will need to be addressed. He advised that setbacks comply 3 <br />with Code. Staff and the Planning Commission recommend approval and adoption of the 4 <br />resolution for approval. 5 <br /> 6 <br />Mayor Marty opened the public hearing at 7:39 p.m. 7 <br /> 8 <br />Don Jenkins, 7057 Pleasant View Drive, stated he is the neighbor who is concerned with the 9 <br />runoff. He asked Mr. Rudy to speak on his behalf. 10 <br /> 11 <br />Gary Rudy, Creative Real Estate, stated the Jenkins have been in the community for 40 years and 12 <br />are upstanding residents. They are concerned with runoff because the garage footing is at the 13 <br />same elevation as their home. With the frost footing, there will be a 2.5 to 1 slope, which is a 14 <br />steep slope. He stated all the water will run right into the Jenkins house. In addition, people 15 <br />came onto their property and cut their trees. 16 <br /> 17 <br />Mayor Marty asked if they cut Mr. Jenkins’ trees. Mr. Rudy answered in the affirmative and 18 <br />stated that he is a developer and cannot dump his water onto other’s property. He noted the 19 <br />garage roof will probably not have gutters so every bit of water will run into Mr. Jenkins’ house. 20 <br /> 21 <br />Councilmember Stigney asked if this issue was raised before the Planning Commission. Mr. 22 <br />Rudy stated it was not because he was not aware of the problem until recently. He asked the City 23 <br />to address Jenkins’ concerns so they are not flooded. 24 <br /> 25 <br />Councilmember Thomas stated the City certainly wants that issue resolved but it is a separate 26 <br />issue from the item on the agenda, which relates to the size of the garage. 27 <br /> 28 <br />Director Ericson stated the property owner to the south contacted Staff after the Planning 29 <br />Commission meeting and said there are issues with the footings and drainage. He stated City 30 <br />Staff can view the site and ascertain what needs to be done so the property to the south is not 31 <br />impacted. He stated that while the two issues are not related, the Council can add a condition to 32 <br />the resolution to require the drainage issues to be addressed for the property to the south. 33 <br /> 34 <br />Mr. Rudy asked if the applicant’s plan showed elevations. Director Ericson explained that 35 <br />Staff’s primary concern is that the structure not be built too low, or too high. He stated it may be 36 <br />that enough attention was not paid to that issue but Staff will assure that whatever needs to be 37 <br />done to protect his property will be done. 38 <br /> 39 <br />Mr. Rudy stated this neighbor also encroached the wetland and cut down trees. 40 <br /> 41 <br />Mayor Marty stated he raised the issue a while back about adopting a tree ordinance. Currently, 42 <br />there is no such ordinance so the City has no control over a resident cutting down a tree on their 43 <br />private property. He stated that he is concerned with wetland preservation and it was brought to 44 <br />his attention over the years that certain types of trees need a lot of water so if trees are cut down 45