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October 7, 1983 <br />Page 3 <br />which, in fact, constitutes a trespass. This trespassing water <br />has promoted the appearance of a wetland which, in fact, does not <br />exist. In fact, the soils are all mineral soils which are not <br />wetland soils. Even though this 1.1 area should not be a wetland,. <br />the Millers propose to create a 2.4 acre pond on their dry <br />buildable property on the east to enhance the existing wetlands <br />and to provide more and varied wildlife habitat as part of Phase I <br />of the plat. <br />This map amendment does not affect Phase I of the plat in <br />any other manner. <br />2. The Millers then want the City to approve the final <br />plat of Phase I which does not necessitate any filling. There are <br />no new roads to be built in this phase. We have submitted all the <br />information the City required for final plat approval. <br />3. In the event the City has not removed the 1.1 acre area <br />on the west from the wetlands map, for the reasons noted in <br />paragraph 1 above, the Millers ask that the City grant their <br />pending application for an alteration permit to fill that area. <br />Because of the insignificance of that small are: and its lack of <br />relationship with the drainage areas to the east, the Millers <br />permit meets all of the criteria in the ordinance. However, if <br />the Council feels that a portion of that wetland should remain as <br />is or be enhanced, the Council could grant the permit subject to <br />the non -alteration of the westerly 1.1 acre of the proposed lot 1, <br />and/or creation of a duck pond in that area. The City thereby <br />will have the same amount of wetland and wildlife habitat that <br />presently exists. <br />4. At the meeting, we sugyested that the Council amend the <br />ordinance to allow the Council the necessary flexability in the <br />future to accomplish what is in the best interests of the City and <br />public. Presently, according to the interpretaion of some people, <br />the City Council does not have the power to promote the public <br />good as it may deem appropriate. We recommend that the words 'or <br />that it is in the public interest as determined by the City <br />Council' be added to the last sentence of Section 48.02 of the <br />Drdln,:n CC. Th2 City Council would then be able to promote the <br />publi: interest as it deems necessary in each case where <br />extraordinary facts are present. <br />However, a text amendment is not necessary to approve Phase <br />I of the plat or to grant an alteration permit for a portion of <br />