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Mounds View City Council February 25, 2002 <br />Regular Meeting Page 7 <br />• Mr. Jahnke commented there was a contractor who wanted to develop the area off of Hillview <br />and the City was sued over a wetland issue and the City lost. <br />Herb Zwirn of 7660 Greenfield Avenue addressed Council and indicated he had come to speak <br />out of true concern for the Harstad development. He then indicated the Planning Commission <br />had turned the request down two times because neither request met City Code requirements. He <br />noted that with the second proposal Mr. Harstad has dropped the facade of being an <br />environmental champion and has taken up a hard-core attitude. He further commented that the <br />second proposal is more damaging than the second and clearly shows disregard for the <br />neighbors. <br />Mr. Zwirn indicated Mr. Harstad's family had purchased the property 30 years ago and has not <br />developed it because of the problems involved with the wetland. He noted that using decades of <br />study and statistics the federal government has adopted rules for development but Mr. Harstad <br />claims he is being victimized by arbitrary and capricious rules specific only to him. <br />Mr. Harstad indicated there was a similar situation in Coon Rapids 12 years ago where homes <br />were built with wetland fill and foundations cracked, homes became weak and unsafe, and <br />residents had water problems. The insurance companies did not pay and the builders and <br />developers disappeared. He then asked Council not to yield to pushy, whiny, manipulative <br />contractors that have no concern for neighbors. He further stated that both plans have problems <br />for the neighbors and possible serious environmental impact. He further asked Council to stand <br />up for the community and show the residents that they listen to their voices. <br />Council Member Marty asked Mr. Zwirn why he has come back with a plan for 26 lots on the <br />same property that the City turned down 11 lots. He further commented he feels this is a waste <br />of Planning Commission, City Council and Staff time. <br />Mr. Harstad indicated he was not before Council to whine or do anything else that he was just <br />accused of doing but said he is a property owner in the City of Mounds View and, had it not been <br />for the regulations put in place by the City, he would be allowed 261ots on the property. He then <br />noted he had challenged City Staff to show him another property owner in the City that is as <br />affected by these regulations as he is and Staff has been unable to do so. He further stated that, <br />had this plat not had the wetlands, everything else would qualify for a subdivision within the <br />City of Mounds View. <br />Mr. Harstad asked Council to approve his plat. He then commented he brought to Council what <br />he felt was a good plat that took into consideration the health, safety, welfare, and environmental <br />issues. He also noted the plat had all the necessary governmental approvals by the Army Corp of <br />Engineers, Rice Creek Watershed District, and the DNR but was denied based on an ordinance <br />created by the City of Mounds View that has absolutely no adverse affect on another property <br />owner other than him. He further stated he wanted to bring this to the attention of Council and <br />get a vote on it. <br />• <br />