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Mounds View City Council October 24, 1983 <br />Rcjular Meeting Page Four <br />for implementing a change in the ordinance. <br />Neil Loeding questioned the addendum to the Barr <br />report, regarding the wetland data sheet. <br />Mr. Malkerson referred to Chapter 48.01, Subd. 3 a, <br />reviewing the requirements, and stated it is the <br />Miller's position that the area identified as 1 -22 <br />is so small in size and unrelated to the other areas <br />that it never should have been identified as an <br />existing, functional wetland. He added that while <br />the Council may have written reports which may or <br />may not say something, the Courts have said City <br />Councils are responsible to listen to all parties, <br />and make their conclusions by what facts are <br />deemed relevant. He stated that if the Council <br />believes the wetland does not function in the way <br />it should be in order to be protected, they should <br />make their decision and vote accordingly, interpreting <br />the facts and applying them to the question before <br />them. <br />Mayor McCarty stated he was not sure anyone could <br />address the adverse precedence of removing a <br />wetland, as it relates to other similar situations <br />in the City. <br />Councilmember Hankner pointed out the question was <br />put to the experts at Barr and Braun, and there is <br />a question if the area is functioning as a wetland. <br />Mr. Malkerson stated he believes it is important <br />procedurally for the Council to vote on an ordinance <br />that has all the language in it, and that Staff should <br />be directed to prepare it so that everyone knows <br />what they are voting on. He also agreed that the <br />authorization to prepare this ordinance is not a <br />final vote but only the preparation of an ordinance <br />to be considered by the Council. <br />Motion /Second: McCarty /Linke to amend the main motion <br />to include, in concurrence with drafting of the <br />ordinance, written reports from the engineers and <br />professionals involved in the preparation of the <br />Barr and Braun reports, specifically Dr. Russell Adams, <br />to convey to the Council in writing, the actual facts <br />regarding the function of wetland 1 -22. <br />5 ayes 0 nays <br />Motion /Second: Hankner /Blanchard to direct staff to <br />draft an amendment to the ordinance to redefine the <br />wetland boundaries of 1 -23 according to the Braun <br />report. <br />5 ayes 0 nays <br />Motion Carried <br />Motion Carried <br />