08-23-1999 - Laserfiche WebLink

Home Browse Search

Mounds View City Council August 23, 1999 Regular Meeting Page 24 nobody was preventing her from selling her property for whatever the market indicates. He stated the market would be much less if they are not allowed to build houses upon it, and that is what the developer would like to do. He stated he had no problem with Mrs. Haselius selling the property, however, not for houses. Council Member Stigney stated he was opposed to granting the vacation of the easements. He stated he had been a member of the City Council in 1997, when the matter first came forward. He stated he had heard Mrs. Haselius state that she gave the easement to the City and did not want any construction upon that property, until she learned she was the property owner. He stated he understands her position, however, he understands the residents present have rights as well. He stated he believed the right that was granted to them when the bought their property was that there would be a drainage and utility easement in that area forever, and therefore, he did not think it should be vacated. Council Member Marty stated the attorney indicated this proposal did not interfere with the wetland, however, Chapter 1010 of the Municipal Code relating to the Wetland Zoning District states "any work occurring within a wetland or the 100-foot buffer surrounding a wetland." He stated he agreed with Council Member Stigney that the buffer area was there for a purpose. He stated as far as he was concerned, the 100-foot buffer is the wetland. He stated the Council had received the minutes from the Planning Commission meeting, and there was much good discussion there as well. He commended the Planning Commission for their consideration, as well as Planning Associate Ericson and Community Development Director Jopke for their presentation of the matter to the Commission. He stated in 1981, the Minnesota Soil and Water Conservation Districts stated the policy of the Ramsey Soil and Water Conservation Districts supervisors is not to recommend the development of wetlands better suited for storm water retention, and they recommend that Lots 17, 18, and 19 remain undeveloped. Council Member Marty stated that Kathy Gryzmala had presented a good comment at the Planning Commission meeting, and was glad she was present to reiterate that. He stated that he had no problem with Mrs. Haselius selling her land, however, the land is not to be developed. He stated, if Mrs. Haselius can find a buyer, that is her right, however, the land has already been set aside. Council Member Marty stated that during the Planning Commission meeting, there was an inquiry regarding the infringement upon the wetland buffer, which indicated that it was substantially within the 100-foot buffer. He read the statement of Planning Commissioner Brian Kaden, as reflected in the minutes of August 4, 1999, "Mrs. Haselius signed the document indicating these were permanent easements, and in light of this, he assumed that both she and the developer were of the understanding that the lots could never be developed by anyone." Council Member Marty stated the Planning Commission made a motion to recommend to the City Council that they not vacate the drainage and utility easements on Lots 17 and 18, Edgewood Square (Pinewood Circle), and it was by unanimous vote. 24C:~ADMIN\MIl~IUTES\CC\5-23-99.CC