04-23-2018 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2018 7:00 o'clock p.m. 20. LA18-000023 — CITY OF ORONO, AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS — Continued seriously. Johnson stated he would recommend the City Council read some of the MCWD guidelines when it comes to the buffer areas. Developers and builders are required to put a $5,000 escrow down for a silt fence, along with a buffer agreement, to ensure that the area is not disturbed; and if it is disturbed, the area has to be restored. Johnson stated in his view the Minnehaha Creek Watershed District does a great job watching the wetlands and that he would encourage the City Council to talk to the Watershed District about their setbacks. Johnson stated some of the changes that have been made to Orono's regulations have been very helpful and that years ago people were reluctant to move to Orono given the regulations. Johnson stated the changes have helped change that feeling. Johnson provided the MCWD guidelines to the Council. Ordway asked how many requests for variances the City has received. Barnhart stated he does not recall any from a wetland setback primarily because the people are told by Staff that it is difficult to show practical difficulty, which is required for a variance. Ordway stated she appreciates the developer and the work they do in the community. Ordway noted there has been a lot of conversation revolving around fire pits and small sports courts but that a house within 35 feet of the wetland is very different than a fire pit and that they are two very different discussions. Dankey asked if there is a way to delineate the difference between a house right at the buffer versus something else at the buffer line. Walsh commented it would require a long list of prohibited items. Barnhart stated that type of regulation is difficult to enforce and that the City is attempting to move away from that type of delineation in their ordinances. Barnhart stated if the City Council is comfortable with an improvement within a certain distance from a wetland, they should specify that distance. Walsh stated people cannot mow it or fertilize that area. Dankey commented people are likely to mow it if it is right next to their house. Dankey stated if someone buys next to a wetland, they should know about it. Walsh stated it is the responsibility of the Watershed District to enforce their regulations. Crosby asked what the definition is of a wetland. Barnhart indicated there are specific standards that are required to be met to determine if it is a wetland and that there are different types of wetlands. Barnhart stated soils, vegetation and presence of water are only one component to it. Page 8 of 16