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Mounds view City Council November 29, 1983 <br />Regular Meeting Page Four <br />------------------------------------------------------------------: ------- <br />Neil Loeding Slated Chit in reviewing the experts <br />report;;, weasel. words ;ire easv to spot, and Chose <br />words: are present in their reports. <br />Mr. Senden stated that the science of defining a <br />wetland is not as specific a science as mathematics, <br />and the wdtlands are defined and labeled based upon <br />the type of plants that appear. Ile stated that <br />conditions change continually, and the boundries could <br />change at any time, depending upon when the reading <br />was taken, He stated the experts must take the data, <br />analyze it and make the best decision they can. He <br />pointed out the City is asking a consultant to do <br />something that is not possible, as it is not that <br />exact a science, <br />Mr. Loeding questioned if the technical people could <br />not state it is not a functioning wetland, how could <br />the Council. <br />Mr. Senden replied the Council's job is to act as <br />responsible decision makers and weigh the evidence, <br />and they cannot always make the case with 100 percent <br />sureity, as there are gray areas. lie stated the <br />Council is saying they are basing their decision on <br />whether it would affect future decisions down the <br />road, and if so, then they should change the <br />ordinance. <br />M •.ter McCarty crated he was concerned with setting <br />precedence by Lice action that would be taken this <br />evening. <br />Attorney Meyers reviewed sections of the ordinance <br />and reviewed excerpts from the letters received <br />from the experts. He advised the Council that if <br />Braun Engineering is determined to be contracting <br />with the City of Mounds View, their report would <br />be very persuasive and would be given weight by <br />a judge. He pointed out a judge would be the one <br />to make a decision in a court case, and he would <br />review the documenta.Lion and call experts and make <br />his decision based upon the information given him. <br />He also pointed out that the question of precedence <br />is ;tot relevent, <br />Councilmember Doty stated he now feels he has enough <br />data to realize this is not a functioning wetland, <br />but he would still like a specific statement from <br />Braun Engineering. <br />Motion/Second: Linke/Blanchard to call for the <br />question. <br />5 ayes 0 nays Motion Carried <br />