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Mounds View City Council <br />Regular Meeting <br />Mr. Peterson explained if the 100' buffer was added <br />to the Army Corps of Engineers, it would not be <br />any greater than the impact from the mitigation. <br />He pointed out there is also the opportunity to add <br />additional mitigation in the future. <br />Mr. Ayaz stated he did not want the City to set a <br />precedent for other wetlands. He added an excellent <br />job has been done here, with the proposed wetland <br />beinq much better than what is there now, but he is <br />afraid the building encroachment woulb set a <br />precedent. <br />Clerk/Administrator Pauley replied the City has dis- <br />cussed this in depth with the City Attorney, and they <br />feel there are enough extenuating circumstances in <br />this case, that they could continue to enforce the <br />ordinance. <br />Mr. Ayaz replied he was satisfied. <br />to <br />October 241 1988 <br />Page Four <br />Attorney Karney added the circumstances in this develop- <br />ment are unique and he feels they can remain consistent <br />in applying the Code on a case by case basis. <br />Mr. Koppie reviewed the traffic projections, clarifying <br />that they are for truck traffic, not cars. <br />Ms. Ayaz noted it had been brought up at the joint <br />Planning Commission/City Council meeting last week <br />that a good portion of the site had already been <br />cleaned, and in looking at the wetland ordinance, <br />that is a misdemenor to clear any vegetation before <br />the City has issued a permit. She stated she under- <br />stood the owner of the property had done the clearing <br />and asked what action the City would be taking against <br />him. <br />Clerk/Administrator Paulev replied that after consult- <br />ing lath the City Attorney, a letter of warning was <br />sent to Mr. Miller. <br />Attorney Karney explained .that if legal action more <br />than a warning letter was taken against this property <br />owner, t.iey:would have to do the same to all the other <br />property owners in the City, including residential, <br />who may have mowed the�i�rFlawn fno5750sort90adayslindjail, <br />He added the fine cuu_.. << <br />or both. <br />Councilr„ember Hankner noted in a previous case a warning <br />letter had been sent and thus a precedence was set to <br />send ❑ warning. She added it is a problem throughout <br />the City with garbage and grass clippings being dumped <br />in the wetlands, and they must educate the public. <br />r <br />i <br />