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HomeMy WebLinkAbout2008-11-06 ENR Minutes ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION MINUTES Thursdav, November 6, 2008 COUNCIL CHAMBERS - MAPLEWOOD CITY HALL 1830 COUNTY ROAD BEAST 1 CALL TO ORDER 2. ROLL CALL Commissioners Present: Commissioner Judith Johannessen Commissioner Carole Lynne Commissioner Frederica Musgrave Commissioner Bill Schreiner Commissioner Carol Mason Sherrill Commissioner Dale Trippler Chair Ginny Yingling Staff Present: Planner Finwall - Environmental Planner Engineer Kummer - Engineer 3. APPROVAL OF AGENDA Commissioner Musgrave moved to approve the agenda, seconded by Commissioner Mason Sherrill, all ayes. 4. APPROVAL OF MINUTES October 7,2008 Commissioner Trippler - September 1 is referenced on page 2/b and in the third paragraph; it should read September 2. Page 2/a third line down the word ordinance is misspelled. Commissioner Schreiner moved to approve minutes as amended seconded by Commissioner Trippler, all ayes. 5. UNFINISHED BUSINESS: a) Chair Yingling asked staff if they knew when the wetland ordinance will be coming before the city council. b) Planner Finwall responded that the ordinance should go back to the city council early 2009, after they have had an opportunity to get through the Comprehensive Plan first. 1 c) Commissioner Musgrave heard that the Comprehensive Plan will be delayed for another six months. d) Planner Finwall responded the next step is to bring it to the City Council for approval to forward it to adjacent governmental bodies, which are then given six months for review. e) Chair Yingling asked if the staff is currently reviewing comprehensive plans from other adjoining communities. f) Staff confirmed that they are. g) Commissioner Musgrave feels she has not seen a completed Comprehensive Plan. h) Planner Finwall said the draft version is on the front page of city website where there is a link for the Comprehensive Plan. 6. NEW BUSINESS Environmental Ordinance (Slopes and Mississippi River Corridor Critical Area) Planner Finwall mentioned that the Environmental Protection and Critical area ordinance encompasses three areas: a) Trees b) Wetlands c) Slopes: which includes the Mississippi River Critical Area, erosion control, and the National Urban Run-off Program. Planner Finwall introduced Engineer Kummer who is here tonight to go over the engineering questions that came up during the last meeting. Commissioners asked for clarification on definitions of the dimensions of slopes. Chair Yingling asked what critical area corridor districts were located in Maplewood? Planner Finwall responded the portions of the corridor located in Maplewood are rural open space which includes Ramsey County open space land and urban developed district, which is guided in the city's comprehensive plan as low density residential. Commissioner Musgrave suggested that commissioners take a guided walk through this area. Chair Yingling said it would be beneficial for the county to come up with a plan on how the Fish Creek open space site will be managed and maintained. It was agreed that this would be put on a future agenda. Chair Yingling asked if anything we do with the ordinance today effects the Co- Par development if it moves forward as approved? Planner Finwall responded that a new ordinance would apply if the Co-Par development did not happen and a new developer applied. 2 Commissioner Mason Sherrill stated that it is her understanding that the new tree ordinance will not apply to Co-par's development. Planner Finwall responded yes, they submitted the original plan prior to the adoption of the new tree ordinance. Commissioner Musgrave asked if there are areas that have slopes that would be of concern to the citizens. Planner Finwall stated that the slope standards for the Mississippi River Critical Area apply to slopes that are 18% or greater. Commissioner Musgrave requested that the commission review a topo map with slope and wetland overlays as we move forward with this review. Commissioner Musgrave also asked if the commission's review of the ordinance could be announced in the Maplewood news. Chair Yingling stated she will be writing an article for the December Maplewood news which will focus on wetlands. She could add a comment about the slope review as well. Commissioner Trippler asked why significant slope is defined as anything greater than 25%, when most of the ordinance talks about slopes that are 18%. Engineer Kummer responded that he understands the DNR regulations start at 18% because that is point that soils can erode with development. He thinks much of that language comes out of the state code. Commissioner Trippler suggested that they eliminate the definition or change it to 18%. Commissioner Trippler asked if we need to add anything about cell phone towers under the utilitv section. Chair Yingling suggested saying towers instead of identifying specific types of towers. Chair Yingling asked where the term significant natural feature comes from? Planner Finwall responded that some of these definitions pertain to either the wetland or the tree ordinance when the environmental ordinance was combined. This definition may not need to be included in the slope portion. She will see where this was used in the ordinance and bring that back to the commission. Commissioner Trippler asked if phosphorus removal was still a 60% requirement in the NURP standards, or has that been increased to 80%? Engineer Kummer responded it has been increased to 80%. Planner Finwall responded that the NURP standards will be modified with the surface water management ordinance the city will be drafting once the Comprehensive Plan has been adopted. 3 Chair Yingling stated that prohibiting development on slopes should be reduced from 40% or greater down to 25%. Engineer Kummer responded, in terms of regulations for trenching or digging on a construction site you want to be conservative in your estimate for trenching. Chair Yingling asked if there are any engineering guidelines regarding this? Engineer Kummer will look further into this issue. Commissioner Trippler feels it is saying you cannot build at 40%. Engineer Kummer responded that it restricts people from building a house on the side of a hill. Chair Yingling mentioned under this section there are exceptions to the 40-foot setbacks including public recreation facilities/scenic overlooks/shelters. Commissioner Mason Sherrill feels public recreation facilities is too vague and the wording needs to be changed. Chair Yingling commented that construction of above-ground pumping stations has been exempted; does it have to be within 40 feet of the bluff line? Is there a good reason to exempt them? If there is not a good reason for it to be here or can it be removed from the ordinance? Engineer Kummer is not aware of a pump station near a bluff in Maplewood. He does not understand why it would be built on the edge of a slope. Chair Yingling asked what is meant by substantially altered? Planner Finwall feels it may refer to a human made slope. There should be a definition showing what substantially altered means. Chair Yingling asked if earth sheltered homes are completely exempt from this ordinance? It seems like there should be requirements for them. Does it belong here or does the building code address earth-sheltered homes? Commissioner Trippler stated that earth sheltered homes should not be exempt. A homebuilder should seek a variance from the ordinance to build one. Commissioner Mason Sherrill asked how we address the various types of slopes. Engineer Kummer responded he does not know the different type of stabilities. The different types of materials would affect the way something is built upon it. Commissioner Trippler stated the purpose of having protection of slopes is to ensure erosion control with an element to public safety as well. Chair Yingling stated there is also the purpose of aesthetics and protecting habitat in some cases. 4 Commissioner Mason Sherrill commented that there is a need to look at what kind of environmental impact to soil, water, wildlife and vegetation there when building on slopes. Chair Yingling asked if we should delete the exemption on earth sheltered homes. The commissioners agreed. Rather than giving them an exemption they can come in for a variance. Chair Yingling stated there are all kinds of restrictions for erosion control. But the ordinance states that these requirements may be waived by the city council where there is no other alternative. It seems we should put in an upper limit on the slope on which the council can waive that requirement. Commissioner Trippler suggested changing the language to say the city council may waive the requirements if there are no other alternatives on slopes that are up to 18%. Chair Yingling said to put that change in as a place mark for now. 7. NEW BUSINESS 8. VISITOR PRESENTATIONS No visitors. 8. COMMISSION PRESENTATIONS 9. STAFF PRESENTATIONS a. Commissioner Musgrave is the recipient of a Ramsey/Washington Metro Watershed District LEAP award this year. b. Goal Setting Meeting - November 18 c. Nature Center Programs - mentioned several upcoming programs for December. 10. MEETING ADJOURNED - 6:58 p.m. 5