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<br />Chairperson McDilda thought that the Planning Commission would recognize the fact that <br />ordinances are rarely repealed in the City. He advised that whether or not this issue is <br />constitutional had already been brought up during the passing of the ordinance. <br /> <br />Board Member Max was concerned with the unintended consequences of this issue. He did not <br />feel that this would set a good precedent for the Council to come in and disregard something that <br />the Board put such time and effort into, as did the Planning Commission. <br /> <br />Chairperson McDilda advised that at some time development is going to pick back up and if the <br />ordinance is repealed there would be consequences down the line. He advised that the ordinance <br />had not been used one time, and did not feel that it should be repealed until it is actually tested <br />and put to use. <br /> <br />Environmental Coordinator Anderson advised that the Upper Rum River Water Management <br />Organization did amend their plan to require wetland buffers. <br /> <br />Board Member Max questioned if the constitutionality of the ordinance was brought up and <br />researched during the passing of the ordinance. <br /> <br />Environmental Coordinator Anderson advised that at the time the ordinance was being <br />considered, staff did ask that the City Attorney review this question. He stated that in terms of <br />the EPB recommending tweaking the ordinance, it could be included in a motion made by the <br />Board in regard to the issue. <br /> <br />Chairperson McDilda advised that the EPB drafted the ordinance and it has not yet been tested, <br />so it should not yet be amended as they do not know where the flaws would be. <br /> <br />Board Member Sibilski agreed that he did not think that anything should be tweaked at this time, <br />as they would not even know where to begin as it had not been put into practice. <br /> <br />Board Member Max questioned who had supplied the information passed out to the Board in <br />regard to other Cities requirements. <br /> <br />Environmental Coordinator Anderson advised that the information was put together by BWSR. <br />He explained that it was not an issue of whether the buffer is needed, but whether people are <br />being compensated for that land. <br /> <br />Chairperson McDilda advised that it was never the intent to take land from the citizens of <br />Ramsey, but explained that if there is a group out there in that regard they would also be able to <br />come forward to the public hearing and present their point of view. He stated that the Board <br />knew what they would be up against when they signed up for the Committee, dealing with <br />sensitive matters dealing with protecting the environment and suggesting ordinances and policies <br />in that regard. He explained that those issues have strong points of view and the Board needs to <br />be able to stand up and explain themselves and the data behind that decision. He explained that <br />while the Planning Commission will have to open the floor to all speakers, the Council would <br />not be obligated to allow residents to speak, and encouraged all interested parties to . come <br />forward to the public hearing. <br /> <br />Environmental Policy Board / March 2, 2009 <br />Page 7 of9 <br />