08-26-2013 Council Minutes - Laserfiche WebLink

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' MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (9. WETLAND DELINEATIONS CODE INTERPRETATION, Continued) Struve stated the language in the email is incorrect and that he has clarified the language with BWSR and Lynda Peterson. Struve noted it is not a city ordinance that the delineations expire after three years but it is a state law,which was changed from three years to five years. Struve stated the information provided to Mr. Kinave by the Watershed District earlier this year was incorrect with regard to the wetland delineation being perpetually given but the information regarding the buffer area is correct. As a building is built,the buffer line is set based on the delineation at the time and does not move even if the wetland delineation changes. Based on state law,a wetland delineation is only good for five years. McMillan stated the other factor is that the City does give variances to wetland setback lines if there is some type of circumstance where the wetland has grown in size. Gaffron stated similar to the situation where someone applies for a variance and can demonstrate a practical difficulty, he does not see a reason why a variance would not be granted. Kinave asked where the new wetland delineations are for his neighbors that border Willow Road when the road was reconstructed. Kinave stated it appears there are two sets of standards being applied since the City did not obtain new wetland delineations on those properties prior to widening Willow Road. McMillan stated those are usually only requested when someone is requesting to add structure to their property. Struve noted the City did conduct wetland delineations in connection with the Willow Drive reconstruction. Struve indicated there are stipulations with street expansions that allow cities to go through a bank to mitigate the wetland impacts that the City caused as part of the project. The amount of hardcover from existing to after is slightly over but it did not change enough to do stormwater treatment according to the Minnehaha Creek wetland rules. Struve indicated the area drains to the east to Dickey Lake and that the City did have to go through a banking system for road impacts. Anderson asked if the water is being diverted to Dickey Lake,whether it would impact these property owners. Struve indicated it would not and that the runoff does not drain to the wetlands. Kanive stated in his view it does not appear to be an equitable situation for the homeowners. McMillan noted the lakeshore owners have certain restrictions they have to follow and that other property owners have to deal with the wetland restrictions. McMillan stated Orono has an enormous amount of wetlands and that it is not a unique thing. Kanive asked if this constitutes a condemnation or a taking of property. Mattick stated it does not. Page 13 of 21