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Mounds View City Council November 29, 1983 Regular Meeting Page Three Councilmember Linke referred to excerpts from the October 31 letter from Braun Engineering, stating that they have enough supporting data to state that in looking at Chapter 49, it's intent is to protect the existing functional wetland, and there is enough data to say that it does not function as a wetland. Mayor McCarty stated he is looking for data that will say the wetland does not function to a degree. Councilmember Linke pointed out it is the City's own engineer that has supported the data, and he has stated it is not a functioning wetland. Mayor McCarty reviewed the criteria listed in the Braun letter of October 31, and stated it could fit every type 2 wetland in the City, and that he was concerned with setting a standard. Jim Miller read from portions of the Braun letter of October 31, concerning the size of a potential wetland, with larger than 9 /10th of an acre being required, and with 1 -22 being considerably less in size. He also read portions of the Barr letter of November 7. Mayor McCarty stated he was still concerned with establishing criteria and statistics to take sound action on the motion, and that in lacking technical data, they must take the conservative approach. Councilmember Doty stated he would have to vote against the motion in order to preserve the ordinance. Councilmember Linke reviewed the criteria in Ordinance No. 318, and Chapter 48.01, sub 3, then reviewed the data received from the experts. Mayor McCarty stated he agrees that it does state that the area does not function as a typical wetland, but that anyone could make that statement, and they need a more complicated approach to the data. Councilmember Linke pointed out that it was the engineer the City hired that provided the information and data. Jim Senden stated the Council is trying to determine whether the area is a wetland, and the ordinance says it must be an existing, functional wetland, and reviewed the Braun letter of October 31. He pointed out that if it is a functioning wetland, it should be included on the map, but if it is not, it should not be included on the map. He stated that if the Council feels the ordinance is too weak, they should strengthen it, but that they could not deny the developer because they feel it would weaken the ordinance in future developments.