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2005-06-15 CC Minutes Informational MeetingAlbertville sIMM7o�U n ALBERTVILLE CITY COUNCIL Wednesday, June 15, 2005 Informational Meeting Albertville City Hall 6:30 PM PRESENT: Mayor Don Peterson, S.E.H. City Engineers Bob Moberg, Deric Deuschle, City Attorney Mike Couri, City Administrator Larry Kruse. Approximately 42 Albert Villas property owners were present as listed on the sign in sheet. The purpose of the informational meeting was to inform Albert Villas residents about the stakes in the rear yards surrounding wetlands, mitigation areas and ponds. It was stated the green stakes represent the wetland, the blue stakes represent the easement and the red stakes represent the mitigation boundaries. The DNR is responsible for enforcing the Wetland Conservation Act and it is the City's goal to be a mediary between the DNR and residents to resolve the issues. Wetland Specialist Deric Deuschle described the meaning of the three areas stating the green stakes represent the wetland boundary. The City has surveyed the properties and has inventoried a number of properties with wetland fill violations. Property owners cannot fill any wetland without a permit. Filled wetland will need to be restored. The Wetland area can be mowed. The blue stakes represent the drainage easement, which gives the City the right to maintain the drainage system. The red stakes represent the mitigation areas. Mitigation areas are created wetland constructed to replace other wetlands. Mitigation areas cannot be filled or mowed. The City also shared that many of the properties have a 30-foot buffer, which in some cases will eliminate their back yard. Edina Development failed to install the wetland buffer markers and thus many residents have been misled into believing they have more yard than they really do. It appears to be the consensus of the City Council that it would be unreasonable for the City to enforce the 30-foot buffer requirement on residents that were not informed prior to purchasing their homes. The City Council suggested amending the Ordinance to grandfather in existing homes to not require the 30-foot buffer. All vacant lots would be required to maintain the wetland buffer. To amend the buffer ordinance would require the Planning and Zoning Commission to hold a public hearing making a recommendation to the City Council. The City Council would then have to approve the amended ordinance. This process may take up to six weeks to accomplish. The City fielded many questions from residents about their particular property. Although staff tried to answer most questions, it was stated that the ultimate answer would require a site visit to ascertain all the facts and render a uniform decision. The City stated their goal was to attempt to get Edina Development to pay for and possibly do the work to correct the wetland fill violations, based on the fact, that if they had done what was agreed to in the Developers Agreement most residents would not have filled the wetland. As the meeting progressed a number of homeowners left. They probably determined that they either were in compliance with the Wetland Conservation Act or understood the City would contact them specifically to address their issues. The public information meeting adjourned at 11:00 p.m. MACity Council\Council Minutes\2005 MinutesVoint meetings\M 06-15-2005 info meeting WCA-Bridgets comments.doc