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HomeMy WebLinkAbout2007-09-04 ENR Minutes MINUTES OF THE ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION September 4, 2007 Members Present Jim Beardsley, Chair Carole Lynne Frederica Musgrave Ginny Yingling Members Absent Margaret Behrens Carol Mason-Sherrill Staff Present Du Wayne Konewko Shann Finwall Ann Hutchinson Ginny Gaynor Welcome/Introductions/housekeeping items/Handouts-Requests Agenda approved Approved Minutes from the August 21, 2007 meeting Comments from Staff: . Ann Hutchinson discussed the importance of removing Buckthorn in the City of Maplewood and announced a Buckthorn removal event in Maplewood neighborhoods and city parks. Ann also mentioned The Global Warming Seminar that is coming up in October referred anyone interested to call the nature center at 249-2170 regarding this free event. . Ginny Gaynor mentioned the Priory Reserve bowhunt. . Tom Moibi will be resigning from the Environmental Natural Resources Commission and if interested Maplewood residents may apply. Unfmished business: The Wetlands Ordinance will be discussed later in the evening in Conference Room A. New Business . Fall Cleanup is scheduled for October 20 from 8:00 a.ill. to 12 Noon at Gethsemane Church. More information to follow at the October meeting. . Frederica Musgrave proposed that the Commission come up with an environmental and natural resources plan. Staff will prepare a report and set up a meeting to discuss this proposal in October or November. 1 Wetland Ordinance 1. Decisions were made on the following items: A. Streams . Suggestion on wording on the Ordinance under Findings and Purpose, section C, subpart 5, subpart J... it was requested that streams be added to the sentence. . Streams shall be considered class A. B. Trails Changes to the language of the Ordinance include: . Item (h) should be first item. Trail plan design must be approved by staff. . (A) should now read... "The trail shall be of pervious materials. An elevated boardwalk shall not be considered an impervious surface. . (B) the words "where possible" were removed, making the sentence read... Buffers shall be expanded equal to width ofthe trail corridor. . (C) staff will replace the word "immediately" with different more effective language. . (E) a definition is needed for the wording "sustainable design" and the wording has been changed to read... "Trail must be constructed with sustainable design methods and materials". . (F) the following has been added: Boardwalks on public land shall be maximum of 12' wide. Boardwalks on private land shall be a maximum of 6'wide. . (G) Trails or boardwalks shall not be constructed entirely around the wetland. Clearer wording needs to be implemented. The following have been added to trail section: . (I) Re-vegetation plan shall be approved by staff . (1) Trail shall not be permitted in areas with rare or endangered plants or animals. . (K) Trails shall be a minimum of25 feet from the wetland edge. Discussion of trails in buffer on public vs. private land: . Trails in the buffer shall be permitted on public land and semi-public land, in accordance with above. On private property trails shall not be allowed in the buffer. . A trail on semi-public land would occur when a trail on private land connects to a public street or access and the private landowner agrees to allow their trail to be open to the public, Or, it trail on semi-public land could be a trail put in by a developer primarily for use by people in a subdivision. 2 2. Discussion on averaging Staff commented that ifthe setbacks can be averaged and the buffer improved it is sometimes more beneficial and would allow the developer to develop the area without needing a variance. If averaging is not allowed then there may be an increase in variances requested. The commission stated that we need to build some provisions into the ordinance that state clearly when we would allow averaging and put some strict criteria including some demonstration of monetary or hardship. There needs to be something back to the city for example an increase to the buffer width somewhere else or a fee for penalty to mitigate a wetland somewhere else. Additional discussion of averaging ensued and will be continued at the next meeting. If averaging permitted for Classes A, B, C, the chart below shows minimums. Wetland Classes A+ A B C Utility Proposed Minimum 200' 100' 75' 50' 10' If we allow averaging No 75' 50' 50' No average what's the minimum? average Existing ordinance Class 1 Class 2 Class 3 Class 4 Class 5 average Average 100' 100' 50' 25' 0 1 Minimum 1100' 1 50' 1 25' 120' 10 Members requested a copy ofthe Eden Prairie Ordinance. Staff will send the ordinance to Commissioners. 3. Discussion on Variances and exemptions The difference between an exemption and a variance was discussed which led into a discussion on the General Exemptions section in the ordinance. It was decided that this section needs to be reworded for clarification. Next meetin!!: Tuesday, October 2nd at 4:45p.m - 6:45p.m. in the council chambers. Meetin!! Adiourned 3