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<br />Councilmember Wise <br />Councilmember Elvig <br />Councilmember McGlone <br />Mayor Ramsey <br /> <br />aye <br />aye <br />absent <br />aye <br /> <br />Motion carried. <br /> <br />Case #5: <br /> <br />Wetland Buffer Ordinance Discussion; Case of City of Ramsey <br /> <br />Environmental Coordinator Anderson stated that the Wetland Buffer Ordinance was adopted in . <br />October 2005 and the Minnesota Routine Assessment Method was used for the classification. <br />He stated that the buffer ordinance addressed upland areas and in no way is meant to supersede <br />the Wetland Conservation Act. He stated that if repealing this ordinance is to be discussed, he <br />reminded the Council that a public hearing will need to be held. <br /> <br />City Attorney Goodrich confirmed that the Council is not deciding this issue tonight because a <br />public hearing is required to make a change. <br /> <br />Mayor Ramsey asked if the Council can hold the public hearing. <br /> <br />City Attorney Goodrich noted that the Planning Commission needs to hold a public hearing on <br />this issue, but the Council can hold an additional public hearing. <br /> <br />Councilmember Dehen asked why there is a maximum buffer limit. <br /> <br />Environmental Coordinator Anderson stated that it is to determine that it is evenly distributed <br />around the wetland and gave some examples of areas where the maximum buffer can help. <br /> <br />Councilmember Dehen confirmed that the minimum in every spot is determined but the <br />maximum is just so an average is maintained. <br /> <br />Councilmember Jeffrey stated that the word repeal came up earlier and asked why that is being <br />discussed. <br /> <br />Mayor Ramsey stated that he brought this forward for discussion because he feels it is an <br />unconstitutional ordinance in the City. He stated that he feels this is a taking of land. <br /> <br />Councilmember Jeffrey asked if case law had been looked into and noted that there was a lot of <br />discussion on this in 2004 and 2005. <br /> <br />City Attorney Goodrich stated that he has not researched this specifically for the constitutionality <br />of it. <br /> <br />Councilmember Jeffrey stated that if there is specific case law related to this, then he is willing to <br />discuss this issue. <br /> <br />City Council / February 24, 2009 <br />Page 9 of 19 <br />