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Mounds View City Council January 12, 2004 <br />Regular Meeting Page 11 <br />Mayor Linke indicated the City has a wetlands ordinance and Rice Creek Watershed District has <br />requirements to protect the area. He then said that Mr. Harstad still has to prove to the City that <br />he is not going to be damaging the wetlands and if he cannot do that the City has the right to say <br />no to the project but, to get to that step, he needs preliminary plat approval. <br />Ms. Koziak asked what the process is to prove he can build there. <br />Mayor Linke indicated that soil borings would need to be done. He then said that an independent <br />soil boring firm would be contracted and they are bound by law to provide an impartial analysis <br />of the soil. <br />Ms. Koziak asked how long the process would take. <br />Mayor Linke indicated the Resolution states that everything needs to be ready by this time next <br />year or the approval is void. <br />Council Member Quick pointed out that Mr. Harstad could resubmit an application if he does not <br />meet the one year deadline. <br />Council Member Marty indicated that there was a wetland delineation study done at the golf <br />course with soil borings and it was during a relatively mild precipitation summer and that study <br />• took two years because it was necessary to have a normal summer for precipitation. He then <br />asked whether that would be an issue at this property. <br />David Jahnke of 8428 Eastwood Road commented that he feels bad for the residents because the <br />fact is they were not told that legally he can do this and the bottom line is this project is going in. <br />He then said the residents thought they could stop this plan but they would have been better off if <br />they agreed to the first plat that was only 11 lots rather than 1S. <br />Mayor Linke commented that it is coming but there are rules that need to be followed. He then <br />said that any piece of land is open for development by the owner of the property. <br />Mr. Jahnke said he feels the City should have told the residents right out that this could not be <br />stopped because he feels that the 11 lot plan was better. He then suggested sitting down with Mr. <br />Harstad to ask him to go back to the 11 lot plan rather than the 1 S. <br />Mayor Linke indicated the 11 lot plan had some zoning issues. <br />Director Ericson indicated that the issue with the 11 lot plan was that the lots did not all meet the <br />12S foot lot width minimum. He then said he, too, prefers the 11 lot subdivision because it <br />would preserve so much of the buffer along Silver Lake Road as well as take away the access <br />onto Silver Lake Road with driveways. He further commented that this plan does satisfy the <br />City's Code and it is the plan before Council for review. <br />• <br />