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Mounds View City Council October 25, 1999 <br />Regular Meeting Page 24 <br />r~ <br />~_~ <br />Mayor Coughlin pointed out that if they were to indicate that the trail is a public function and <br />apply TIF dollars to it, they may as well allocate fully to that account. <br />Council Member Thomason asked Finance Director Kessel what problems might arise in terms <br />of splitting the funding sources of the trail, and taking only a portion from TIF. <br />Finance Director Kessel advised that taking a portion of the fiords from the General Fund and a <br />portion from TIF would be acceptable, as well as taking the full amount from TIF. <br />Council Member Thomason stated her motion would stand per the recommendation of staff, to <br />take the full amount of the trail funds from TIF. <br />Council Member Quick agreed. <br />Council Member Stigney pointed out that as the EDA and EDC may have different thoughts on <br />the matter, as it involves the TIF plan. <br />Ayes - 4 Nays - 0 Motion carried. <br />• <br />I. Consideration of Resolution 5381, a Resolution Authorizing the Execution of <br />a Limited Use Agreement to Permit a Driveway to be Installed over and <br />across Unimproved City Right of Way. <br />Planning Associate Encson stated at the September 20, 1999 City Council meeting, Spencer <br />Mistelske was before the Council to request permission to allow for a driveway to be constructed <br />on unimproved LaPort Drive, just off of Edgewood Drive, and south of Highway 118. He <br />explained this area has often been referred to as the "Little Woods," and there has been much <br />discussion regarding these lots, and much interest among the public to build upon these lots. He <br />pointed out, however, a number of issues make these lots somewhat undesirable to build upon, <br />including the location of the wetlands in the area, and that there is no direct access to an <br />improved roadway. <br />Planning Associate Ericson stated the City may consider a Limited Use Agreement to allow for a <br />driveway to be constructed over the unimproved LaPort Drive right-of--way, if a wetland study is <br />performed, which determines that such driveway would not impact the wetland, and the lots are <br />deemed buildable. He explained the applicant has retained a company to perform a delineation <br />of the site, and they have provided a survey that indicates where the wetland has been delineated, <br />and also where the 100-foot buffer is, in relation to the two lots, as well as LaPort Drive. He <br />pointed out that the wetland is a significant distance from these lots and the 100-foot buffer, and <br />is also at such a distance that even if the structure and driveway were constructed on the third lot, <br />as proposed, they would not infringe upon the 100-foot buffer. <br />Planning Associate Ericson stated the Limited Use Agreement before the Council is similar to <br />that utilized in the past for a similar situation. He explained the Limited Use Agreement has <br />been revised to take into consideration the specific details of this proposal, and has been <br />reviewed by the City Attorney who has indicated it is in proper legal form, and would protect the <br />City's interest m the event of any potential liabilities. He advised that there is a stipulation that <br />