Resolution 6145 (2) - Laserfiche WebLink

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Mounds View City Council January 12, 2004 Regular Meeting Page 11 Mayor Linke indicated the City has a wetlands ordinance and Rice Creek Watershed District has requirements to protect the area. He then said that Mr. Harstad still has to prove to the City that he is not going to be damaging the wetlands and if he cannot do that the City has the right to say no to the project but, to get to that step, he needs preliminary plat approval. Ms. Koziak asked what the process is to prove he can build there. Mayor Linke indicated that soil borings would need to be done. He then said that an independent soil boring firm would be contracted and they are bound by law to provide an impartial analysis of the soil. Ms. Koziak asked how long the process would take. Mayor Linke indicated the Resolution states that everything needs to be ready by this time next year or the approval is void. Council Member Quick pointed out that Mr. Harstad could resubmit an application if he does not meet the one year deadline. Council Member Marty indicated that there was a wetland delineation study done at the golf course with soil borings and it was during a relatively mild precipitation summer and that study took two years because it was necessary to have a normal summer for precipitation. He then asked whether that would be an issue at this property. David Jahnke of 8428 Eastwood Road commented that he feels bad for the residents because the fact is they were not told that legally he can do this and the bottom line is this project is going in. He then said the residents thought they could stop this plan but they would have been better off if they agreed to the first plat that was only 11 lots rather than 15. Mayor Linke commented that it is coming but there are rules that need to be followed. He then said that any piece of land is open for development by the owner of the property. Mr. Jahnke said he feels the City should have told the residents right out that this could not be stopped because he feels that the 11 lot plan was better. He then suggested sitting down with Mr. Harstad to ask him to go back to the 11 lot plan rather than the 15. Mayor Linke indicated the 11 lot plan had some zoning issues. Director Ericson indicated that the issue with the 11 lot plan was that the lots did not all meet the 125 foot lot width minimum. He then said he, too, prefers the 11 lot subdivision because it would preserve so much of the buffer along Silver Lake Road as well as take away the access onto Silver Lake Road with driveways. He further commented that this plan does satisfy the City's Code and it is the plan before Council for review.