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Mounds View Planning Commission November 5, 2003 Regular Meeting Page 5 ________________________________________________________________________ Lil Ward of 5177 Red Oak Drive indicated she is concerned about all the increase in traffic and asked if it would be possible to have an access to Silver Lake but to put all these cars back in that area where there are lots of kids concerns her with the extra traffic. She then said her other concern is with the loss of trees and habitat for the area wildlife. She also questioned why the area is no longer a conservation area. Ms. Ward indicated they were told this was a restricted wetland. Director Ericson indicated this wetland is not a DNR protected wetland but there are protections for it because it is a wetland. He then said that 20 or 30 years ago realtors may have provided information that the area would never be developed because it is a wetland, and that was true at the time due to the costs involved with developing in a wetland. He further commented that with lots becoming scarce, and property more valuable, it has become feasible to do what is required to develop the wetland. Commissioner Hegland asked what legal responsibilities the developer has as far as developing and causing water issues on an adjacent property. Director Ericson explained that the development agreement has certain protections built into it. He then said that, in this situation where there are known concerns with hydrology or water flow, there would be some requirement that if there were damages caused that could be attributable to the development the developer could be held responsible through a maintenance bond held by the City for a certain period of time to protect residents. Director Ericson indicated the City would try to do its best to protect residents if the City approves the development. He then said that the engineer and Rice Creek would review the property to make sure that there is no impact to neighboring residents. Mr. Harstad explained that he had been referring to the conservation easement he had offered with the development proposal two years ago that would have saved the trees. Sandra Kuhl of 5176 Long View Drive indicated that several years ago there was a proposal for a shopping center for this area and residents were able to curtail it with three words, health, safety, and welfare with the issue being the bumpiness of the road and increased traffic. She then said that another concern she has is the potential for the houses to settle because so much soil is brought in. She also asked what types of homes are to be constructed because the area may not be suitable for basements. Chair Stevenson indicated the proposal from two years ago was for homes that were in the $250,000 and up range. Mr. Harstad indicated the homes would still be in that range or even higher. He then said that the soil is all compacted after hauled in and it is suitable for constructing any type of home but the homes as laid out on the plat are split entry homes. He further commented that the houses