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9.26.05, Subd. 3 - Consensus is to have the consultants should research provisions for replacing failed buffer strips beyond the 2 year obligation of the developer. There also needs to be language to allow the flexibility to exempt the developer from any liability within that initial 2 year period if it can be shown that the new homeowner was negligent in maintaining the buffer as established. However, making the developer responsible for the entire 2 year period, regardless of the homeowners actions, forces the developer to educate the homeowner about the importance and significance of the wetland buffer. Consensus was that this issue needs to be discussed with the consultants and compared to other ordinances in other communities. 9.26.05, Subd. 4 - Consensus is that the ordinance needs to include a definition of trails. Overall discussion was that trails should be kept out of buffers and exemptions should be available when warranted. Subd. 4 was amended to read as follows: "For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. All other roadways and trails shall meet the buffer standards established in this Chapter." City Staff was directed to contact Jim Arndt of Peterson Environmental to see if they have made a determination of whether or not there is funding available in the current contract to make a first cut at a function and value report of Ramsey's wetlands, and if not, what would a first cut cost. 9.25.05, Subd. 5 - Chairperson McDilda submitted the following rewrite of this section: "Subd. 5. Although it is the intent of this ordinance that any existing wetland buffer be maintained within the designated buffer width for the wetland classification, some disruption may be necessary for developmental grading. If the slope subsequent to final grading is greater than twelve (12) percent, then the maximum buffer width for the wetland type is applicable. The use of a meandering buffer strip is encouraged to help maintain a natural characteristic but average buffer widths must be adhered to. The widest portion of the buffer should be in natural runoff areas. Construction grading should be kept mindful of the natural runoff areas and graded appropriately." 9.26.05, Subd. 7 - Consultants to verify that the subdivision incorporates Ramsey's soil conditions. 9.26.06, Subd. 1 - Chris Anderson submitted the following rewrite of Subd. 1: "Subd. 1. A variance will be required to install and/or maintain a narrower wetland buffer strip than required by this ordinance. The variance shall be processed in accordance with the procedures established in Section 9.03.07 of the City Code. Criteria governing consideration of a variance request to reduce the minimum wetland buffer strip width requirements shall include, but not be limited, to the following: EPTF March 7, 2005 Page 4 of 6