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II; <br />r5)l.l <br />I 0-*J- <br />-T <br />r .•-.■♦ <br />slides which were a part of the presentation to the Board of <br />Managers. A copy of this report was made a part of the record <br />concerning this matter. <br />Chris Hayhoe# an attorney for Mr. Jones, asked to address the <br />Board o£ Managers. He indicate’ that Mr. Jones has attempted to <br />meet ell issues raised by the District’s staff, and to do so in a <br />fashion that was consistent with the watershed’s rules. He <br />indicated further that a court challenge has been raised <br />concerning whether an Environmental Impact statement was needed <br />for this site. He noted that the City of Hopkins determined that <br />the impact of this development on Minnehaha Creek would be <br />minimal. Mr. Hayhoe stated that any encroachment on the site to <br />be developed is a separate issue that should be looked at by the <br />District's Violations Committee. <br />Mr. Hayhoe stated that the City of Hopkins has been granted a <br />maintenance easement concerning the pond to be constructed as a <br />part of this project. This easement would require the developer <br />or any subsequent owner to maintain the pond. The City would have <br />the right to enter the property and make any necessary corrections <br />and assess the cost of doing so against the owners. <br />Lisa Benson addressed the Board of Managers, stating that <br />there has been a continuing flooding problem in her basement. Sh <br />raised s concern that another development will only make the <br />situation worse. <br />Manager Love indicated that the proposed project meets the <br />current rules of the watershed District and that any flooding <br />problems created by the Ramsgate Apartments cannot be addressed as <br />a part of the District's consideration of the present project. <br />Manager Lindley concurred with Manager Love, stating that the <br />District cannot make the owner of this parcel rectify the errors <br />and omissions of developers of hundreds of acres over the past <br />45 years. <br />Manager Miller raised concerns about the proposed slope of <br />the banks of the pond, and stated that he believes that the <br />District's rules in this regard should be strictly enforced. It <br />was moved by Manager Maple and seconded by Manager Miller that the <br />permit be approved with issuance conditioned upon receipt of those <br />items set forth in the staff’s report in a form and substance <br />acceptable to staff. Manager Miller indicated that he was <br />appreciative of the thoroughness of the presentation of those <br />opposing this project, and stated that the situation pointed out <br />the problems inherent in piecemeal development. However, he <br />indicated that the Commission could only deal with those items <br />which were before it and could not require any particular <br />developer to take remedial action based upon past problems. <br />Manager Maple concurred with Manager Miller's remarks, and stated <br />that it was regrettable that the State has not been more active in <br />this area. <br />SiHiM -3-(ia/i7/ti) <br />I'n 1 r , ■'Ilf r I ^ -