Agenda - Council - 05/26/2009 - Laserfiche WebLink

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Grant Heino, 4861 142 Lane NW. Mr. Heino wanted clarification if Mr. Sherbon was speaking as a registered engineer. Mr. Sherbon stated he is not an engineer; he is an ecologist. He acknowledges he is speaking with respect to his professional knowledge as an ecologist. Merlin Hunt, 17860 Nowthen Blvd. NW. Mr. Hunt stated that obtaining a variance is difficult. He wanted to clarify that he likes wetlands; his objection to the ordinance does not mean he doesn't like wetlands. Motion by Chairperson Nixt, seconded by Commissioner Van Scoy, to close the public hearing. Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Van Scoy, Brauer, Cleveland, and Rogers. Voting No: None. Absent: None. The public hearing closed at 8:56 p.m. Commission Business Chairperson Nixt stated that he is not in favor of repealing the ordinance; however, he is in favor of relooking at the ordinance as a collaborative process to balance the interest of the landowners and other residents to achieve land use planning objectives. He stated the significance of the wetlands is identified by the city itself looking at the city logo. Commissioner Cleveland stated she thinks the repeal of this ordinance is rather strong, and that a good way to take another look at this ordinance would be through a task force that would come together and make recommendations. Chairperson Nixt stated areas to consider in the ordinance would be the rather duplicative affect of the buffer and setback, better management practices, including plantings and maintenance and potential for exceptions: Look at the land use map and areas that are adversely impacted. This would further improve upon that which was a very well thought out land use tool. Commissioner Van Scoy supports Chairperson Nixt recommendation that the ordinance be looked at again. He appreciates Mr. Schurbon's recommendations. He assumes that with a new collaborative effort there would be more research done. Commissioner Van Scoy thinks the FOR study for the Minnehaha Watershed should be referenced for some background information. Chairperson Nixt stated that the city is not unique in adopting land use that goes beyond the Wetland Conservation Act. Commissioner Levine stated he is in agreement for a collaborative process to take a look at the ordinance again, and that does not require that it be repealed. Community Development Director clarified that the city does not pay for right of way or easements. They are dedicated as part of the development. Planning Commission /April 2, 2009 Page 8 of 13