05-22-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 8,2017 7:00 o'clock p.m. 16. #17-3922 CITY OF ORONO, TEXT AMENDMENT: WETLANDS REGULATIONS — ORDINANCE NO. 196, Third Series. — continued the setback in terms of property maintenance and recreation, and a scientific basis to promote cleaner water by absorbing toxins, to provide essential wildlife corridors, and to provide open spaces and vistas in the neighborhoods, which helps contribute to the rural nature of Orono. Muldoon stated since only a few variances were approved last year to wetland setbacks, they appear to be acceptable to 99 percent of the people in the community. In terms of scientific support, Orono's setbacks meet the Fish and Wildlife Department's guidelines, and it is likely the actual recommended distances are 50 to 100 percent greater than what Orono requires. Aesthetically, the wetland setbacks serve the purpose of allowing wildlife to live in harmony with humans and have equal access to some of the waterways. Muldoon commented he is sympathetic to homeowners and builders that have issues with unique topography challenges and that he agrees they should be able to ask for variances if there are undue hardships. Muldoon indicated he has reached out to a few builders regarding these issues and that they indicated they do not see the regulations themselves as being the source of the problem but the fact that it takes time to review variances, even routine ones. Muldoon stated it is likely everyone would agree that allowing desktop review of wetland delineations would speed up the approval process and address a number of issues. Muldoon stated it is his understanding Orono just reviewed and redefined their wetland regulations four years ago and that the existing setbacks were agreed on by the town and the City Council and Staff. The Planning Commission at their last meeting recommended to leave the wetland setback as is. Muldoon stated in his view it is unnecessary to change the setbacks since it is inconsistent with the view of the majority of the residents. Muldoon stated in the interests of maintaining Orono's special character, the residents' opposition to the change, and the ability of the City to maintain local control over the environment, he would strongly urge the City Council to keep the existing protections. Seals asked whether Mr. Muldoon feels the general public would be okay with variances being approved if the topography poses a challenge. Muldoon stated he does not see a hardship to the residents since the regulations have been in place for quite some time and they have been abiding by them. Muldoon stated as far as reducing the regulations, in his opinion it is a real risk to the water quality, the wildlife, and invites additional density near the wetlands. Muldoon stated if the City continues to squeeze the setbacks, invariably they will get requests for more and more homes. Muldoon stated in his view they are losing ground even though they have these regulations and that he is concerned about hardcover in the buffer and setback areas and what that runoff will do to the waterways. Jay Kinve, 950 Willow View Drive, stated he is opposed to the opinion that was just read by Mr. Muldoon on the setbacks but that he does agree with the establishment of the desktop review and the penrianent nature of wetland reviews and permanent buffers. Kinve stated that makes all the sense in the world since it is a big hassle and expense when new delineations are required by the City even though the Watershed District does not require them. Kinve noted they are talking about wetlands and they are not talking about Lake Minnetonka or Long Lake. Kinve stated ironically the lakes have fewer protections from runoff than wetlands do and that a Page 24 of 34