03/25/2002 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES MARCH 25, 2002 Councilmember Carlson noted the Shore Land Overlay District Map, which indicates Wards Lake as being a Department of Natural Resources protected area. She questioned whether the City of Lino Lakes or the Department of Natural Resources has the authority to determine whether or not an EAW should be undertaken. City Planner Smyser indicated the EQB decides which entity has the most approval authority over a project. Therefore, because the City of Lino Lakes has the authority to approve or deny plats, site plans, variances, etc., they would typically be chosen as the entity to make this type of decision. He added that the Department of Natural Resources generally has jurisdiction over projects below the ordinary high water mark, the City has jurisdiction over projects above the ordinary high water mark, and the Rice Creek Watershed District has authority over wetland areas. Councilmember Carlson requested confirmation that the EAW ; ld be discretionary and not mandatory. City Planner Smyser responded affirmatively. Councilmember Carlson noted per the Minnesota rules, cert from requiring an EAW. She wished to ensure that the Phe not fall under the exempt category. City Planner Smyser explained an ongoing issue w formulated and that this project would not be exe within the shore land area. Councilmember Carlson noted the City h questioned whether this letter contained the information contained in Mr. Vau recommendation. developments are exempt 'lls Preserve 12th Addition would er in which the rules had been rding to the rules, since the plat is located a letter from Mr. Vaughan's attorney and facts. City Planner Smyser did not believe any of rney's letter would change City staff's Mayor Bergeson noted this • u caring but opened the meeting to brief public comments. Sandy Seebold, 6668 Rough Gr se Road, provided the City Councilmembers with drawings of the proposed project with specific areas highlighted. She noted the proposed bridge would cross the wetland and that the proposed road would be located within the shoreline impact zone. She presented a photograph of the area in which the road would be constructed and noted the entire area was under water. Ms. Seebold felt an EAW would be very important for this proposed project since there were many environmental concerns expressed by the Department of Natural Resources in their letter to the City dated September 18, 2001. She noted Mr. Vaughan had asked that Tom Hovey, Area Hydrologist for the Department of Natural Resources, submit a letter to the City indicating that he was working with them to save more trees. She indicated that such a letter, dated February 25, 2002, was submitted acknowledging that Mr. Vaughan was attempting to save some trees, however, the road was not proposed to be moved from the shoreline impact area. She stated the letter from Mr. Hovey clearly 14