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HomeMy WebLinkAbout2011-02-23 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Wednesday, February 23, 2011 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: January 13, 2011 5. New Business a. Maplewood Shoreland/Wetland Regulations - Capstone Project Review b. Living Streets Policy c. Western Hills Area Street Improvement Project - Wetland Impacts d. Annual Report 6. Unfinished Business a. 2011 Goals - Implementation Strategies 7. Visitor Presentations 8. Commission Presentations 9. Staff Presentations a. Collection System Analysis Update - Feb. 28 City Council Meeting b. Renewable Energy Ordinance Update - Feb. 15 Planning Commission Meeting and March 7 City Council Workshop c. Chicken Ordinance Update - March 7 City Council Workshop d. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Thursday, January 13, 2011 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Trippler. B. ROLL CALL Dale Trippler, Chair Randee Edmundson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Bill Schreiner, Commissioner Ginny Yingling, Commissioner Present Present Present Absent (Leave of Absence) Prei?~nt PJ~&~mt ,p:re'''O''O t Staff Present Shann Finwall, Environmental Planner Ann Hutchinson, Maplewood Nature Cen Virginia Gaynor, Natural Resources Coor ralist C. APPROVAL OF AGENDA Staff added under Staff Pre Mall Storm Water Impro : - Re wable Energy Ordinance Update and Maplewood Commissioner Johanness Commission to the City Coun under Commission presentations - Relationship of the ENR Commissioner Johannessen moved to approve the aqenda as amended. Seconded by Commissioner Mason Sherrill. Ayes - All The motion passed. D. APPROVAL OF MINUTES Commissioner Johannessen had a correction to page 3, item G., 1. in the 4th line, City of Beillel should say City of Benicia. Commissioner Yingling moved to approve the December 9, 2010. Environmental and Natural Resources Commission Meetinq Minutes as amended. Seconded by Commissioner Schreiner. Ayes - All The motion passed. January 13, 2011 Environmental and Natural Resources Commission Meeting Minutes 1 E. NEW BUSINESS 1. Election of Chair and Vice Chair Environmental Planner Finwall gave a brief report indicating the ENR Commission ordinance requires that the commission appoint a chair and vice chair to run the meetings annually. In 2010 the chair of the commission was Dale Trippler and the vice chair was Bill Schreiner. Commissioner Schreiner nominated Chair Trippler to remain the chair. Commissioner Johannessen nominated Commissioner Schreiner to be chair. There was a secret ballot cast by all commissioners. The results were a tie vote, three votes for Commissioner Trippler and three votes for Commissioner Trippler. Chair Trippler withdrew his appointment nomination. Commissioner Schreiner agreed to serve as the chair of the commission for 2011. Commissioner Trippler nominated Commissioner Johannessen to be vice chair. Commissioner Johannessen declined due to personal reasons. Commissioner Trippler nominated Commissio: There was an open vote by a show of hands and all c ':mis ers voted for Commissioner Edmundson to be vice chair for 2011. issione ,dmundson agreed to serve as vice chair of the commission for 2011. Environmental Planner Fin of the commission. Goal Setting report and answered questions 2. 2011 Goal Setting Natural Resource Iscussed the 2011 Nature Center goals. ~:" or Gaynor discussed projects she is involved with for 2011. lill~i The ENR Commission'lnstormed areas they wanted to focus on in 2011. They agreed that the three goals set for 201 0 should be forwarded onto 2011 and work should continue on those areas including: trash hauling, environmental neighborhood groups, and greenways. In addition, the commission wants to focus more on environmental education and promotion of the city's environmental programs. One way to accomplish this is to have commissioners attend more of the city sponsored events. Additionally, the commission agreed that they should continue work on the city's shore land ordinance and slope/Mississippi Critical Area ordinance in 2011. Environmental Planner Finwall indicated that she would put together the revised list of goals and implementation strategies for achieving those goals. This will be brought back to the commission in February for further discussion. 3. Collection System Analysis Goals and Objectives Environmental Planner Finwall gave the Collection System Analysis Goals and Objectives report and answered questions of the commission. January 13, 2011 Environmental and Natural Resources Commission Meeting Minutes 2 Goals and objectives recommended for the city's Collection System Analysis were as follows: . Economic . Cost savings on road repairs and reconstruction. . Lower cost for residents (cost per household per month) due to competitive bidding. . Environmental . To better manage solid waste and recycling. . Able to direct waste to best environmental destination. . Less gas and/or diesel burned. . Less CO2 emitted into the atmosphere. . Aesthetics/Safety/Service . Less traffic, noise, and dust. . Safer streets. . More consistent and neater looking streets during collection days. . Greater leverage to correct problems with service. Commissioner Trippler moved to adopt the Qoals and objectives as outlined above for the city's Collection System Analysis. Seconded by Commissioner Johannessen Ayes-All The motion passed. F. UNFINISHED BUSINESS None. G. VISITOR PRESENTATIONS Ron Cockriel, 943 CenturM~V and how the proposedJlf~ trainl MNDOT right of way is io< ted in impacts a fire training facili plewood. Mr. Cockriel discussed the city's greenways a 'ty to be located on Century Avenue on the unused e of those greenways. Mr. Cockriel discussed the possible o wetlands might have on the environment. The commission requested that staff give an update on the fire training facility during the February meeting. H. COMMISSION PRESENTATIONS 1. Relationship of the ENR Commission to the City Council. Commissioner Johannessen spoke about her disappointment in the City Council's decision to contract with Tennis Sanitation for the city's recycling contractor, and not Eureka Recycling who was recommended by the commission. Commissioner Johannessen recommended that a representative of the City Council come to an ENR meeting to give them direction on what type of advisory role they play and why the commission's recycling contractor recommendation was not taken. As the new chair of the commission, Bill Schreiner, indicated he would speak with the City Council about this issue. January 13, 2011 Environmental and Natural Resources Commission Meeting Minutes 3 I. STAFF PRESENTATIONS 1. Maplewood Nature Center Programs Lead Naturalist Hutchinson gave a brief report regarding programs at the Maplewood Nature Center and discussed the Nature Center calendar for 2012. 2. Renewable Energy Environmental Planner Finwall gave a brief update and stated that the Renewable Energy ordinance will go to the planning commission on January 18, 2011, for their first review. 3. Maplewood Mall Storm Water Environmental Planner Finwall gave a brief report on the Maplewood Mall Storm Water project. Ramsey/Washington Metro Watershed Districts is undertaking the project along with the mall, city, and county as part of the stormwater improvements being made for the White Bear Avenue and County Road D street improvement projects. The watershed district is requesting at least one volunteer from the commission attend a meeting to discuss and plan for the proposed interactive displays for the improvements. The meeting will be held Friday, January 21, 2011, at 1 :00 p. Commissioner Mason Sherrill volunteered to participate in the meeting. J. ADJOURNMENT Chair Schreiner adjourned the meeting at,9:05 p. January 13, 2011 Environmental and Natural Resources Commission Meeting Minutes 4 Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Maplewood Shoreland/Wetland Capstone Project February 16, 2011 for the February 23 ENR Commission Meeting INTRODUCTION Students from the University of Maryland University College (UMUC) have offered to provide the City of Maplewood with an independent analysis of an environmental issue or challenge that the city is facing as part of their environmental management masters capstone project. The capstone project would involve four students from various locations throughout the country, with at least one student located in the Maplewood area. Most of the students are working adults, some with experience in the environmental field. The final work product is a written report and recommendations, and a presentation to the Environmental and Natural Resources (ENR) Commission on the findings. The report will be complete mid-April. DISCUSSION State Shoreland Rules The Minnesota Department of Natural Resources (DNR) conducted a rulemaking process in 2009 to update the statewide shoreland rules. The draft rules were sent to state agencies for final review and adoption in 2010. On August 11, 2010, Governor Tim Pawlenty returned the draft shoreland rules to the DNR for further engagement and discussion, especially with the 2011 Legislature. There is no update on when this process will begin, but once the shoreland rules are adopted, municipalities will be required to review their shoreland ordinances to ensure they address the new regulations. City Wetland and Shoreland Ordinances The city council adopted a new wetland ordinance in December 2009. The ordinance includes alternative buffer requirements for wetlands adjacent lakes. The alternative buffer requirements will expire in 2012, or when the city revises the shoreland ordinance to include regulations for these wetlands, whichever comes first. Because there is no specified timeline for the completion of the state's shoreland rulemaking, the ENR Commission should review the city's shoreland ordinance in 2011 to ensure wetlands adjacent lakes are regulated appropriately. Environmental Management Capstone Proiect The UMUC students will focus their capstone project on Maplewood's wetland/shoreland regulations. In particular, the students will compare wetlands adjacent lakes to freestanding wetlands to determine if they are used or valued differently by the public and study whether the functions of water quality, ecology, and wildlife habitat are different. Recommendations will include proposals on the regulation of wetlands adjacent lakes, I.e., regulate the same as freestanding wetlands, or differently with new regulations included in the shoreland ordinance. SUMMARY Jana Haedtke, one of the UMUC environmental management students working on the capstone project, will be present during the February 23, 2011, ENR Commission meeting to brief the commission and receive feedback on the Maplewood shoreland/wetland project. Agenda Item 5.b. AGENDA REPORT TO: Community Design Review Board Environmental and Natural Resources Commission Planning Commission FROM: Michael Thompson, City Engineer / Dep. Director of Public Works Steve Love, Assistant City Engineer Steve Kummer, Civil Engineer II Jon Jarosch, Civil Engineer I Troy Brink, Streets Crew Chief Ann Hutchinson, Naturalist Virginia Gaynor, Naturalist Mike Martin, City Planner SUBJECT: Living Streets Policy DATE: February 9, 2011 INTRODUCTION The Complete Streets sustainability work group was charged with studying the concepts of complete streets/green streets and making recommendations to the commissions and council. The group has prepared background information, an overview of current operations and policies for city streets for both new development and street reconstruction, and presents its recommendations herein. BACKGROUND The Complete Streets group met April 28, 2010, June 29, 2010, and September 30,2010. At the June 29th meeting Ramsey-Washington Metro Watershed District and Barr Engineering presented the Living Streets case study they are conducting with North Saint Paul. Over the entire period group members provided individual contributions and furthered their knowledge on the topic. A few members attended Complete Streets workshops in Ramsey and Hennepin Counties. Terminology surrounding this topic can be confusing. Complete Streets typically refers to street design that provides for multiple modes of transportation (auto, mass transit, pedestrian, bike). Green Streets typically refers to street design that reduces environmental impacts by reducing impervious surface, managing stormwater, and providing shade. Ramsey-Washington Metro Watershed District and North St. Paul are using the term Living Streets to combine these definitions. Complete Streets LeQislation The State of Minnesota passed Complete Streets legislation in 2010. The Commissioner of Transportation has committed the Minnesota Department of Transportation (Mn/DOT) to implement a complete street vision for the trunk highway system. Cities are encouraged to adopt policies to meet their unique needs; however it is not a mandate. According to Mn/DOT, Complete Streets does not mean "all modes on all roads"; rather, the goal of Complete Streets should be to: 1) Develop a balanced transportation system that integrates all modes via planning inclusive of each mode of transportation (I.e., transit, freight, automobile, bicycle and pedestrian) 2) Include transportation users of all types, ages and abilities. Examples of Complete Streets goals and principles listed in the report to the legislature include: 1) Reduce crash rates and severity of crashes. 2) Improve mobility and accessibility of all individuals including those with disabilities in accordance with the legal requirements of the ADA. 3) Encourage mode shift to non-motorized transportation and transit. 4) Reduce air and water pollution and reduce noise impacts. 5) Increase transportation network connectivity. 6) Maximize the efficient use of existing facilities. 7) Strive for tax supported investments to provide maximum benefits to the community and all user groups. 8) Safely integrate intermodal connections across the transportation network. 9) Promote safe and convenient access and travel for all users (pedestrians, bicyclists, transit riders) and people of all abilities as well as freight and motor vehicle drivers. The City of Maplewood finds some of these examples useful. The City, however, wants to go further in addressing the environment and active living instead of focusing solely on a transportation vision. Minnesota GreenStep City The Minnesota Pollution Control Agency (MPCA) has launched the Minnesota GreenStep City program. This is a challenge, assistance and recognition program to help cities achieve their sustainability goals through implementation of 28 best practices. The actions related to complete streets/green streets include: 1) Adopt a complete streets policy that addresses street trees and stormwater, and modify street standards accordingly. 2) Adopt zoning language for a selected area/project that is substantially equivalent to the LEED for Neighborhood Development credits for Walkable Streets or Street Network. 3) Document the installation of trees, and green stormwater infrastructure, and utility renovations as needed (sewer, water, electric, telecommunications) as part of at least one complete street reconstruction project. 4) Identify and remedy non-complete street segments by, for example, adding a bike routellane or sidewalk. 5) Identify and remedy street-trail gaps (at least one) between city streets and trails/bike trails to better facilitate walking and biking. 6) Implement traffic calming measures in at least one street redevelopment project. The discussion portion of this report will focus on: 1) Actions or practices that have the most impact on the environment or associated operations; 2) Assessing our operations to determine methods to become more sustainable and reduce impacts on the environment; 3) Determining if the modifications will be practical, economical, and meet community needs. 2 DISCUSSION LivinQ Streets Landscape Architect Fred Rozumalski from Barr Engineering and RWMWD Administrator Cliff Aichinger gave the work group a very informative presentation on the Living Streets concepts they developed for North St. Paul. Ramsey-Washington Metro Watershed District (WMWD) Administrator has given staff permission to use information from their report and presentation. The following discussion uses materials from the North St. Paul project. Living Streets pulls together the concepts of complete streets, green streets, and puts additional focus on quality of life aspects for city residents. Figure 1 below shows the components of Living Streets. The model balances the "green" components (environment and social factors) and the "grey" components (transportation and utilities) of the system. Storm water capture and use Trees Pedestrians movement Pedestrian safety Bikes Community Aesthetic character Traffic Speed Sewers Gas Electric Telecom Storm water drainage INfRASTRUCTURE FIGURE 1 - RWMWDIBARR REPORT The work group thinks a Living Streets concept better fits our goals than a Complete Streets concept. Maplewood's goals are similar to those developed by RWMWD and Barr Engineering for North Saint Paul. We believe our Living Streets policy should: 1) Improve stormwater quality through expansion of the rain garden program, reducing the impervious footprint, and meeting or exceeding the 1" infiltration standard. 2) Implement traffic calming measures through the use of techniques best suited for site conditions. 3) Improve biking and walking conditions along natural connector routes and collector streets through designation of bike lanes, sidewalks, or multi-purpose trails. 4) Create boulevard tree standards that provide environmental benefits (stormwater management, shade to reduce heating and cooling costs, filtering air pollutants), enhance quality of life, and are practical and affordable. 5) Minimize construction costs while also ensuring future maintenance and replacement costs are equal to or less than that of a standard street section. 3 Greatest Impact Items and Assessin~ Operations The following items are high impact items that should be further assessed in order to become more sustainable with the living streets concept: 1) Rain gardens - The city's rain garden program has represented Maplewood well in the eyes of communities throughout the U.S. in terms of sustainability and "going green." Our program includes installing rain gardens as part of street reconstruction projects, conducting educational programs to support residents that install rain gardens on their own, and promoting the use of rain gardens in new development. The early street reconstruction projects that included rain gardens had high resident participation and thus made a significant impact reducing stormwater volume. But the number of residents requesting rain gardens on street reconstruction projects has decreased over the years. In 2009-2010 staff made two changes on the Hills and Dale project to try to increase resident participation and redirect staff resources: 1) have contractor plant the home gardens, and 2) test a new "whole street" planting design. Participation in the home rain garden program has increased dramatically on this project. In coming years, rather than devoting so much staff time to supporting planting of the home gardens (placing plant orders, sorting orders, delivery, coordinating pianting day, mulching), staff can now focus on education support for maintaining the gardens. We believe nothing promotes rain gardens better than attractive, well-maintained gardens from previous projects. Staff recommends that we continue to investigate ways to increase resident participation in rain garden programs, including ideas such as adjusting the Environmental Utility Fee credits/incentives for qualifying best management practices Pros- i. Minimal maintenance required by city for home gardens, reduces pollutants to lakes and wetlands, provides aesthetic enhancements to neighborhoods, reduces volume of water within the system thereby increasing existing capacity, can reduce storm piping infrastructure requirements Cons- ii. Need to determine a long-term maintenance policy for residential gardens (e.g. residents sign a form that they will maintain, etc.), need ongoing educational support for home gardens, large city gardens require maintenance and an experienced gardener, a garden could be filled in by a resident In the future, cannot count on rain gardens because the program is voluntary 2) Street sections - Currently our standard urban street section calls for a 32' wide street sections and cul-de-sacs require a diameter of 93'. Reducing the width of streets reduces the amount of impervious surface and lessens the environmental impact. Over the past years, the city has allowed for narrower streets in some new developments and has incorporated parking bays and traffic caiming designs (narrowing of street) on some street reconstruction projects (Beam Avenue, English Street, Hazelwood Street). Our Engineering Department will be exploring some of these design concepts on the Western Hills street reconstruction project in 2010-2011. A majority of vehicles have a width of 8.5' or less including fire trucks, school buses, and garbage trucks. The required turning diameter for a fire truck or school bus is about 93' which matches the.current requirement for city cul-de-sac standards. However many school buses no longer enter into cul-de-sac locations for pickup but rather pick children 4 up at the nearest cross street. Also, fire trucks and safety vehicles can maneuver within cul-de-sacs with a much tighter diameter. As seen in Figure 2, a street section of 22' can accommodate parking on one side of the street with two cars comfortably passing one another on a residential street. A 22' street section with parking on one side can also accommodate larger vehicles but there may be some yielding when vehicles must pass one another near a parked vehicle. FIGURE 2 - RWMWD/BARR REPORT If parking is needed on both sides of a residential street then a street section of 26' can accommodate two parked cars and a passing vehicle in between, with yielding required at the pinch points. This concept is shown in Figure 3. C."'.....h.C..'b 3n"C.u,....,- FIGURE 3 - RESIDENTIAL STREET - RWMWD/BARR REPORT 5 A general windshield survey showed that not many cars are parked along city streets during the day. City ordinance prohibits cars parked on city streets from 2:00 a.m. to 6:00 a.m. The work group recommends we reevaluate street parking in Maplewood and develop guidelines about levels of street parking that should be provided in different scenarios. On current street reconstruction projects, residents are sometimes asked whether they would like the street narrowed. In the past, few neighborhoods have wanted to decrease street width. The work group recommends that the city thoroughly explores street widths, cul-de-sac diameters, street parking, street standards, and develop a policy that helps minimize environmental impacts. This ,should include educating residents about the costs and benefits associated with street widths and exploring incentives for neighborhoods that reduce street width during street reconstruction projects. Pros- i. Reduces impervious area, reduces pollutants and runoff volume, slows traffic by narrowing, reduces future replacement costs and maintenance because the footprint would be smaller than current standards Cons- ii. Reduces area for on-street pedestrians if no sidewalk exists or Is wanted in the boulevard, safety vehicle needs, idea may not be accepted by residents 3) Active Living Opportunities - Providing a designated system of sidewalks, trails, and bike lanes increases the likelihood for walking and biking. During development of Maplewood's 2030 Comprehensive Plan, the city evaluated our sidewalk and trail system and identified future trails and connections needed. Currently City Code requires sidewalk installation adjacent to collector streets, however, it will be important to start providing on-street bikeways to promote active lifestyles in addition to sidewalks. Figure 4 depicts a typical layout of a collector street with biking and pedestrian facilities. FIGURE 4 - COLLECTOR STREET - RWMWD/BARR REPORT 6 This typical collector street section would accommodate parking on one side of the street in addition to biking lanes on either side. A sidewalk would also be placed on one side of the street. Bump outs would be provided for traffic calming and would also provide additional opportunities for stormwater treatment. A review and revision of standards would need to be conducted to determine the type of street best suited for this treatment. Pros- i. Promotes walking and riding bikes, reduces need for vehicle use on short trips if proper infrastructure is in place, traffic calming using bump outs Cons- ii. May require wider streets to accommodate biking lanes, impacts into boulevards, additional costs for striping and maintenance, difficult to plow and maintain in winter especially with bump outs 4) Pervious Pavement- Maplewood has installed pervious asphalt parking lots at the public works building and at Geranium Park. Both are functioning well, but studies are still ongoing to determine life expectancy and maintenance protocols for this type of system. The City of Shoreview recently installed pervious concrete on a roadway in a smaller neighborhood and to date considers the project a success. It is important that the city continue to explore the latest infrastructure technologies. Pros- i. Reduces need for storm sewer pipes, reduces pollutants and volume of runoff, quieter when driven on compared to regular pavement, firmer stable walking surface Cons- ii. High cost, maintenance issues, predictability 5) Tree Plantlngs - Trees provide many benefits to the community. They help treat stormwater, filter air pollutants, provide shade which can lower energy consumption, add value to homes and enhance the aesthetics of a neighborhood. The city's current right- of-way ordinance does not allow tree plantings within public rights of way/boulevards, however, the city typically requires planting boulevard trees on Planned Unit Development projects. The city has no policy regarding replanting trees that die. In addition to boulevards, trees could be considered within cul-de-sac islands as a green street feature. The work group recommends that we review the city's policies on boulevard trees. A review should include cost estimates for tree planting and maintenance and ensure the policy is affordable Pros- i. Provides shade to homes thereby reducing energy needs, provides a neighborhood feel, aesthetically pleasing, trees utilize excess runoff and act as a filter, shades pavement which reduces hot/cold cycles increasing pavement longevity Cons- ii. Conflicts with utilities in the boulevard, requires ongoing maintenance/pruning/removal/replanting if diseased RECOMMENDATION It is recommended that the Community Design Review Board, Planning Commission, and Environmental and Natural Resources Commission provide input on objectives and developing a successful framework in which to create and recommend a Living Streets policy to the city council. 7 Agenda Report 5.c ENVIRONMENT AND NATURAL RESOURCES COMMISSION AGENDA REPORT TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Steve Kummer, Civil Engineer II Western Hills Area Street Improvement Project - Wetland Impacts February 16, 2011 INTRODUCTION Engineering staff are currently in the process of preparing plans and specifications for the upcoming Western Hills Area Street Improvement (City Project 10-14). The area of proposed street improvement is bounded by Roselawn Avenue to the north, 1-35E to the east, Larpenteur Avenue to the south, and Rice Street on the west along with the Edgemont-Arkwright-Kingston loop on the east side of 1-35E (Attachment 1). Staff is proposing improvements to the "Jackson Hole" wetland buffer, located on a City-owned parcel on the northwest corner of the intersection of Jackson Street and Larpenteur Avenue. Pursuant to Section 5b(9), Ordinance No. 895 revising Article VII of the Environmental Protection and Critical Area code (Attachment 2), staff is seeking a recommendation of approval from the Environmental and Natural Resources (ENR) Commission to conduct public improvements to the Jackson Hole wetland buffer. DESCRIPTION Jackson Hole, as it has been named for reference, is a land-locked area located near the northwest corner of Jackson Street and Larpenteur Avenue. The elevation difference from the intersection to the bottom of the low area is about 30 feet. The low area receives storm water drainage from 3 points: A 24-inch concrete pipe off the end of Beaumont Lane (NW corner of the basin) which drains a portion of the Western Hills neighborhood west of Jackson Street. A 24-inch corrugated metal pipe off of low point catch basins on Jackson street about 300 feet north of Larpenteur Avenue (NE corner of the basin) which captures overland flow from the neighborhood. An 18-inch corrugated metal pipe off of low point catch basins in Larpenteur Avenue about 300 feet west of Jackson Street. City staff has conducted a number of studies on the basin. First, the Wetland Delination study was completed on November 11, 2011 by S.E.H. The wetland limits were delineated on October 2011 by S. E H. Subsequently, city staff surveyed the flag locations, resulting in the double-dashed wetland boundary shown on the attached exhibit. Second, staff has been conducting a hydrologic study and monitoring on the basin to gain a bench mark for its operation as storm water enters. No-outlet basins are challenging to predict behavior since draw-down of the basin is dependent on infiltration. It is difficult to gage a constant flow rate out of the basin since soil types and infiltration rates vary widely throughout the area. Staff has queried several residents adjacent to the basin to get an idea of its current operation. Based on the anecdotal stories, the basin level has not exceeded more than 1/3'd of its total depth. The wetland delineation report, based on visual evidence of vegetation in the area, indicates a maximum depth of 2 feet. City maintenance staff indicates that there have been no current flooding issues associated with the basin water level. It is evident that the basin has a fast draw down rate. Third, on February 11, 2011, staff commissioned a geotechnical engineer to conduct hand-auger borings within the basin. Eight to nine foot borings were taken in the basin. Preliminary results indicate that the soils are silty sands and are very loose. The loose soils in the basin are likely the reason for the high infiltration rate. Finally, staff is conducting an environmental study on the basin. Staff has commissioned S.E.H. for the study. This is to assure that any spoils from the basin excavation or moving of soils is properly disposed if there is contamination. Staff suspects that the basin was formerly a borrow pit for the construction of 1-35E, and that the basin was backfilled with concrete and asphalt rubble. Over the years, trash has collected in the basin due to illegal dumping. DISCUSSION Jackson Hole is classified as a Manage B wetland not adjacent to a lake. The ordinance requires a 75-foot averaged buffer from the delineated line. Because the 75-foot buffer extends into slopes steeper than 18%, the buffer extends to 10-feet beyond the apex of all surveyed slopes. For the purposes of design, staff assumes the entire City-owned parcel is within the required buffer. To improve the current wetland area within the basin, staff is requesting the ENR Commission recommend an exemption to use the buffer for storm water improvements pursuant to Ordinance 895 Section 5b(9). Basin Improvements As part of the Western Hills improvements, staff is proposing a storm drainage basin as well as slope and wetland improvements within the basin. Refer to Attachment 3 to view the improvements which will include the following: 1) Excavation of a secondary basin east of the current delineated wetland area. Storm sewer runoff from Jackson and Beaumont Streets will be directed into this new basin. 2) Establishment of the secondary basin with a Board of Water and Soil Resources (BWSR) approved wetland seed mix and planting of sedges. The proposed design will utilize a compost bed with a bonded-fiber matrix to ensure quick establishment of vegetation. 3) Repairs of severely eroded areas resulting from storm drainage. This is two-fold: a. Storm sewers will be designed to discharge at the lowest elevation of the basin, minimizing velocities and future erosion. Rip-rap and erosion control matting will be utilized for permanent stabilization and energy dissipation, b. Fill in eroded areas, establish with a BWSR approved seed mix and bonded-fiber matrix. 2 4) Select removal, clearing and treatment of low-quality trees or invasive species and removal of deadfall within the basin. Staff will devise a tree replacement plan to follow Tree Preservation Ordinance guidelines. City staff will work with the Natural Resources Coordinator and Environmental Planner for proper clearing of select trees and planting of new trees according to regulations. 5) Removal of surface trash and refuse that has collected in the basin. Storm Water Manaqement Staff will utilize Jackson Hole as part of overall neighborhood storm water management. Its current status as a no-outlet basin is beneficial to area water bodies as it appears that the basin fully infiltrates all runoff flowing to the basin. Staff also feels that the current wetland condition needs improvement. To augment the storm water infiltration and treatment that occurs in the basin, staff is proposing to install several underground storm water treatment devices upstream of the pipe discharge points in the basin. These treatment manholes will enable capture of larger sediment particles, debris and floatable garbage, which will ease in collection by maintenance staff. The manholes will reduce cleaning and maintenance needed for the ponding basin itself. RECOMMENDATION Staff believes that the proposed improvements constructed within the wetland buffer of the basin will enhance the current Manage B wetland. Staff requests the ENR Commission recommend construction of public utilities and storm water improvements within the wetland buffer of the Jackson Hole basin and move this recommendation forward for Planning Commission for review and public hearing, tentatively scheduled for March 15, 2011. Attachments 1. Site Location Map 2. Wetland Ordinance 3. Basin Improvements Plan 3 ~ o c '" I'l en '" '" . g " Vi " Q fl>g-~ .....E"::;: ~g~ 0"-' .. -G" -l ~CI...;::r. ~~'3 G ~H~ I:""" c _. ~ 17. ~ ~ D.a. ~~ ~ 0" S/g:. g$~ ,." :::: ;;-~'< = . " g ~ g <.o>5.~ .:-;:;>0- 15ft~ -.~ ~;:J b'......~ ....:h(:l ng", " ~ 0 6 ~ ~ -o...~ o. ~ ~i5. " .-. -.. .0= = " C 0.. g ::. ...,,,,E!- 0..,.. 0= ,"OClc.. ;4[& .., -.- f]> ;::: C O~ ~ 0_. ~g-:= g.~a. F:fi ~"'c . 0 0 6 ::;: ~ EP ...., -'" I~[;;;' Sv;.g --~ g'~<;;' ,.., (') '" OJ:; r; o. c ~ 8.~ ~ 0'::'; ~."" a 2..:::: o' ll>G':J ::: ..... 0 e-~:; ~ co g o.:-gSl g-d fr g.o :.. ;:~~ sg; ;;'~g. - = c = '" '" o o ~ o ~'"'\~ ~ir] Q' o o g- o Q ;;. l<>.:r"-' -""':if ~.g:R~2~ it ~ ~ It- '" 1.\ Z s: 9 ~ ~ ~ '" c: ",-:J: ~ 2:; ~ '" l&a;.::> ~ "'!* ... ;w 1.1> -,...., "" 3: Vl ~~~gK~~ '" :I: ~ -< (1 Q. [ * if ~ ~.1t <tdU < 0 C ti: ~ '0 ~ = " . '-< "' '" "" ~ 0 " r4' = ..., ~ <1> ~ ~ ~ "' ~ " 0.. Q r' = "' -8 == <1> " Q " - c (D ..., = >- <: <1> " C <1> Attachment 2 ORDINANCE NO. 895 AN ORDINANCE AMENDING THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ARTICLE OF THE CITY CODE The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of Article VII. (Environmental Protection and Critical Area) dealing with wetlands. Section 1. Findings. a. Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering suspended solids and pollutants. They reduce flooding and erosion, provide open space for human interaction, and are an integral part of the city's environment. Depending upon their type, size, and location within a watershed, they represent important physical, educational, ecological, aesthetic, recreational, and economic assets of the city. Properly managed wetlands are needed to support the city's efforts to reduce flooding and to protect the public health, safety, and general welfare. b. Wetlands and buffers provide habitat for aquatic, semi-aquatic, and terrestrial wildlife, including rare, threatened, or endangered species. They provide breeding, nesting and feeding grounds for many forms of plant and animal life. Many species of wildlife require both wetlands and their associated upland buffers for survival. Protecting wetlands and buffers is essential for preserving the diversity of plant and animal species in the city. c. Streams are also significant elements of the city's hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife, provide open space, and are an integral part of the city's environment. Like wetlands, streams are an important physical, ecological, aesthetic, recreational, and economic asset. d. Various existing state and federal laws restrict activities and development within wetlands and streams. The city finds that development adjacent to and surrounding wetlands may also degrade and pollute wetlands or accelerate the aging or elimination of wetlands and that development next to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating development and land use around wetlands and streams is therefore in the public interest. e. As defined and used herein, buffers are land areas adjacent to wetlands and streams that are deemed important for maintaining the health and valuable functions of such wetlands and streams. Restricting development of and land use in buffers recognizes that the surrounding upland impacts the quality and functions of wetlands and streams and, therefore, is in the public interest. f. Buffers planted with native or naturalized vegetation serve the following functions: (1) Stabilize soil and prevent erosion. 1 (2) Preserve and enhance the quality of surface water by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. (3) Filter suspended solids, nutrients, pollutants, and harmful substances so that they do not enter the wetland or stream. (4) Moderate water level fluctuations during storms (5) Protect beneficial plant life and provide habitat for wildlife. (6) Provide shade to reduce the temperature of both stormwater runoff and the wetland, thereby helping to maintain the conditions for healthy aquatic life. (7) Reduce the adverse impacts of human activities on wetlands and streams and thereby preserve them in a natural state g. I n addition to regulating development and land use around wetlands, this ordinance is intended to educate the public (including appraisers, owners, potential buyers, and developers) about the importance of wetlands and streams and the functions of buffers and to encourage property owners who live adjacent to andlor near wetlands and streams to be responsible stewards by managing and enhancing the quality of buffers as hereinafter described. Section 2. Definitions. The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context of the word, terms, and phrases clearly indicates a different meaning. Administrator means the director of the community development department or other person or persons charged with the administration and enforcement of this ordinance. Alteration means human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance designed to kill plant life. Alteration does not include the following activities in a buffer: a. Walking, passive recreation, fishing, or other similar low-impact activities. b. The maintenance of pre-existing, nonconforming lawn area. c. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 2 d. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. e. The removal of non-native shrubs, such as buckthorn, if: 1. there is little chance of erosion; and 2. site is flat or generally has slopes less than 6 percent grade; and 3. cut and treat method of removal is used on shrubs more than one-half (Y2) inches in diameter (not pulling). f. Selective management of vegetation as follows: 1. Selective pruning of trees or shrubs in order to enhance their health. 2. Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. 3. Selective removal of non-native trees. 4. Selective removal of non-native weeds. 5. Selective seeding or pianting of vegetation that is native to Minnesota. g. Installation of temporary fencing without footings. h. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. Best manaoement /Jractices (BMP's) mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. Buffers are land areas adjacent to wetlands and streams in which development and land use are restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be preserved and encouraged in accordance with this ordinance. Clearino means the cutting or removal of vegetation. Enhancement means an action that increases the functions and values of a wetland, stream, or buffer. Erosion means the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Infiltration basin means a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty-eight (48) hours of a storm event. Lake means an area of open, relatively deep water that is large enough to produce a wave- swept shore. Lake shall also be defined as a "public water" as delineated and listed in the city's shoreland ordinance (Article IX). 3 LarGe-scale oroiect means a vegetation maintenance, control, removal, mitigation or restoration project that will affect more than fifty percent (50%) of a buffer located on a piece of property. Lawn area means that area within a buffer with maintained landscape, including areas of mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Lawn area does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land area that is outside of a buffer. Minnesota Routine Assessment Method (MnRAM) is a scientific methodology to assess the quality of wetlands. MitiGation means an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer or wetland. Native area means an area where native vegetation exists. Native veGetation means tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area and that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized area means an area where naturalized vegetation exists and does not include a lawn area. Naturalized veGetation means tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as a lawn area. It may be a native or non- native species. NonconforminG lawn area means that area within a buffer with maintained landscape (lawn area) as of the date of adoption of this ordinance. Once a nonconforming lawn area is converted to native or naturalized buffer, it loses its legal nonconforming status and may not thereafter be treated as a nonconforming lawn area. Noxious weed means plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinarv hiGh water mark (OHWM) means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public waters means water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes. Rain Garden means an infiltration basin that is planted as a garden that allows water to infiltrate within forty-eight (48) hours of a storm event. Restoration means restoring a wetland, stream, or buffer in whole or in part to a condition that is similar to that before development of the surrounding area. 4 Selective means vegetation management done in a naturalized or native buffer, where a minimal amount of vegetation is altered, with the goal of improving ecological quality of the buffer and/or its ability to filter stormwater runoff. Semipublic means land that is maintained by a private organization for public use. Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland, stream, or buffer. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Storm water pond means a pond that has been created to capture stormwater runoff. It is a natural wetland. Stormwater is often piped into stormwater ponds but may also enter through sheet runoff. Stormwater pond edGe means the normal high water level for a stormwater pond. StraiGht-edGe setback is a measurement to determine the allowable setback of an addition to an existing house, garage, deck or driveway which is located closer to or within the required buffer. Straight-edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Stream means those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. Structure means anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable desion means a development design which minimizes impacts on the landscape. Temporary erosion control means methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variance means a deviation from the standards of this ordinance that is not specifically allowed. VeGetation means any plant life growing at, below, or above the soil surface. Weed means a plant which causes damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlands means those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed the vegetation, one shall determine a wetland by the 5 presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition does not include lakes or stormwater ponds as herein defined. Wetlands adiacent to lakes means those areas of land or vegetation that have been classified as wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein. Wetland classes are defined follows: a. Manaoe A wetlands are based on the "Preserve" wetland classification as defined in MnRAM. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. b. Manaoe B wetlands are based on the "Manage 1" wetland classifications as defined in MnRAM. These wetlands are high-quality wetlands. c. Manaoe C wetlands are based on the "Manage 2" wetland classifications as defined in MnRAM. These wetlands provide moderate quality. d. Storm water Pond - These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. Wetland functions mean the natural processes performed by wetlands These include providing wildlife food and habitat, maintaining the availability of water, purifying water, acting as a recharge and discharge area for groundwater aquifers, moderating the flow of surface water and stormwater, and performing other functions including but not limited to those set out in U.S. Army Corps of Engineers regulations. Wetland buffer manaoement worksheet is a printed form available through the community development department which is required to be completed by a property owner who wishes to undertake certain activities in a wetland or stream buffer. The activities proposed by the property owner on the worksheet must be approved by the administrator prior to any work in the buffer. Wetland or stream edoe means the line delineating the outer edge of a wetland or stream. The wetland edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal Government. The applicable watershed district must verify this line. Section 3. Applicability and Effective Date. a. Applicability. 1. This ordinance shall take effect after the city publishes it in the official newspaper. 6 2. Except as specified elsewhere in this ordinance, this ordinance shall apply to all real property which is located in a wetland, stream, or buffer or any person or use that would alter a wetland, stream, or buffer after adoption of this ordinance (December 14, 2009). 3. The city adopts the wetland classification map dated December 14, 2009, which is based on wetland classifications from the MnRAM studies and assigned by the applicable watershed district. Other wetland classification regulations are as follows: a. The city council will adopt changes to the wetland map which are based on MnRAM studies conducted and approved by watershed districts. b. Any wetland not currently assigned a classification based on MnRAM studies as of the date of the adoption of this ordinance (December 14, 2009) shall carry over the city's April 24, 1995, wetland classifications and shall be assigned the following management classes: 1) Class 1 wetlands are defined as Manage A wetlands. 2) Class 2 wetlands are defined as Manage A wetlands. 3) Class 3 wetlands are defined as Manage B wetlands. 4) Class 4 wetlands are defined as Manage C wetlands. 5) Class 5 wetlands are defined as stormwater ponds. c. Wetlands adjacent to lakes will be regulated by this ordinance until December 31,2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever occurs first. d. Appeals to the wetland classifications are within the jurisdiction of the applicable watershed district and shall be filed and heard pursuant to the administrative review process of that district. In the event that an appeal is granted, the city will recognize the results of that appeal for purposes of the classification of wetlands within the city. 4. When any provision of any ordinance conflicts with this ordinance, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this ordinance. This also applies to the applicable watershed district regulations. b. Exemptions. This section does not apply to the following property located in the city limits of Maplewood: 1. Property which is located within a buffer, but is separated from the wetland or stream by an existing road. 7 2. Buildings and structures not in conformity with the regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. 3. Lawn areas not in conformity with regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. A nonconforming lawn area will lose its legal nonconforming status if it is converted to native or naturalized buffer and may not thereafter be treated as a lawn area. Section 4. Buffer Widths and Requirements. a. Minimum buffers. The following are the minimum required buffer widths and structure setbacks: Buffer Wetland Classes Manage A & Streams Manage B Storm water Manage C Pond Minimum Buffer Width 100 ft. 75 ft. 50 ft. 10ft. Structure Setback from Edge of Buffer o o o 10ft. b. Buffer measurement. Buffers shall be measured from the wetland or stream edge. c. Buffers containing slopes. For new development or construction on slopes greater than eighteen percent (18%) that are within a buffer, the buffer width shall be increased to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. d. Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers. The following alternative buffers for wetlands adjacent to lakes will apply until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. e. Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. 8 1. The average buffer standards set forth below may be applied based on an assessment of the following: a) Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. b) Size of parcel. c) Configuration of existing roads and utilities. d) Percentage of parcel covered by wetland e) Configuration of wetlands on the parcel. f) Averaging will not cause degradation of the wetland or stream. g) Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 2. The following are the average buffer widths: Buffer Wetland Classes Manage A & Streams Manage B Manage C Minimum Buffer Width 75 ft. 50 ft. 50 ft. Average Buffer Width 100 ft. 75 ft. N/A 3. Average buffer measurement. Average buffer measurement shall be determined by averaging the buffer along the wetland edge situated on the subject property, not the entire wetland. 4. A mitigation plan is required for construction of development projects which meet the requirements described in Section 5.d. (Mitigation). 5. The appropriateness of using average buffers will be evaluated as part of the review of the contractor's or owner's development application. The average buffer used must be within the spirit and intent of this ordinance and must meet one or more of the requirements described in Section 7 (Best Management Practices). 6. The administrator must approve the average buffer. 7. If an average buffer is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator's written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 9 8. If an average buffer is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission's denial of the average buffer. The administrator shall send these appeals to the city council for final review Section 5. Development and Construction. a. Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. Discharge of stormwater to a wetland not in compliance with the city's stormwater management ordinance (Section 44-1245, or subsequent ordinances). b. Exemptions. This section does not apply to the following activities in a buffer: 1. Walking, passive recreation, fishing or other similar low-impact activities. 2. The maintenance of pre-existing, nonconforming lawn area. 3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5. The removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or generally has slopes less than 6 percent grade; and c) cut and treat method of removal is used on shrubs more than one-half (Y2) inches in diameter (not pulling). 6. Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. c) Selective removal of non-native trees. 10 d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7. Installation of temporary fencing without footings. 8. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9. Public or semi-public streets and utilities. The city council may waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets and utilities through buffers where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city council shall apply the following standards: a) The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative. b) Before the city council acts on the waiver the planning commission and the environmental and natural resources commission shall make a recommendation to the city council. The planning commission shall hold a public hearing for the waiver. The city shall notify the property owners within five hundred (500) feet of the property for which the waiver is being requested at least ten (10) days before the hearing. c) Utility or street corridors shall not be allowed when endangered or threatened species are found in the buffer. d) Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. e) Utility or street corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. f) The city shall not allow the use of pesticides or other hazardous or toxic substances in buffers or wetlands; however, in some situations the use of herbicides may be used if prior approval is obtained from the administrator. g) The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends Trees shall be replaced as required by city ordinance. h) Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. i) The city council, upon recommendation of the administrator, may require additional mitigation actions as a condition of granting the waiver. 11 10. Public or semipublic trails. The city may waive the requirements of this ordinance for the construction or maintenance of public or semipublic trails through buffers, and boardwalks in wetlands, where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a) Trails shall not be allowed when endangered or threatened species are found to be present in the buffer. b) Buffers shall be expanded, equal to the width of the trail corridor. c) The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by the city. d) All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. e) The trail must be designed and constructed with sustainable design methods. f) Boardwalks are allowed within the buffer and shall be a maximum of six (6) feet in width for semipublic use and twelve (12) feet in width for public use. g) The administrator may require additional mitigation actions as specified in Section 5.d. (Mitigation). c. Construction Practices. Special construction practices shall be required on projects or developments adjacent to wetlands and adjacent to and in their buffers. Special construction practices shall be approved by the administrator before issuance of a grading or building permit. Such practices may include, but are not limited to, grading, sequencing, vehicle tracking platforms, additional silt fences, and additional sediment control. They may also include the following: 1. Wetland Buffer Sign Standards: The city may require that a property owner or developer install wetland signs before grading or starting construction. The buffer will be identified by installing wetland signs on the boundary between a buffer and adjacent land. These signs shall mark the edge of the buffer and shall state there shall be no building, mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one-hundred (100) feet of wetland qr stream edge. 2. Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of buffers. Such erosion control measures must remain in place until the owner and contractor have finished all development activities that may affect the buffer. 12 3. Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The owner or contractor shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 4. Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 5. Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. 6. It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. d. Mitigation. For large-scale projects or new development or construction, the city requires mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The property owner or contractor shall submit a mitigation plan to the administrator for approval. In reviewing the plan, the city may require one or more of the following actions: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7. Any additional conditions required by the applicable watershed district andlor the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer 13 mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Section 6. Activities in Wetlands, Streams, and Buffers. a. Unless an exemption applies, the following activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of storm water drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. The discharging of stormwater to a wetland must comply with the city's stormwater management ordinance (Section 44-1245, or subsequent stormwater ordinances). b. Wetland buffer management worksheet. A wetland buffer management worksheet is required for certain activities within a wetland and stream buffer: 1. The administrator must approve wetland buffer management worksheets. 2. If a wetland buffer management worksheet is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator's written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 3. If a wetland buffer management worksheet is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission's denial of the average buffer. The administrator shall send these appeals to the city council for final review. c. Exemptions. This section does not apply to the following activities in a buffer: 1. Walking, passive recreation, fishing or other similar low-impact activities. 2. The maintenance of pre-existing, nonconforming lawn area. 3. The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4. The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 14 5. The removal of non-native shrubs, such as buckthorn, if: a) there is little chance of erosion; and b) site is flat or generally has slopes less than 6 percent grade; and c) cut and treat method of removal is used on shrubs more than one-half (Y:,) inches in diameter (not pulling). 6. Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. c) Selective removal of non-native trees. d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7. Installation of temporary fencing without footings. 8. Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9. For properties that are zoned single or double-dwelling residential or are used as a single or double-dwelling residential use: a) The use, maintenance, and alteration of existing nonconforming lawn area for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures (including such things as storage sheds under 120 square feet in area, swing sets and volleyball nets), impervious patios, or fire pits. b) Work within a wetland, stream, or buffer which was approved by the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the permit. Section 7. Best Management Practices. The city encourages and in some cases requires that best management practices be implemented to minimize negative effects of stormwater runoff on the environment and the loss of wildlife habitat when a property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management practices may include the following: a. Restore buffer with native plantings. For large-scale projects or new development or construction refer to Section 5.d. (Mitigation). b. Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland buffer management worksheet is required for management of weeds within the native and naturalized areas of buffers, except for selective treatment. In addition, a management plan drafted by a professional 15 experienced in wetland and stream restoration may be needed for large-scale projects or new development including: 1. Target weeds. 2. Appropriate management techniques, including the use of chemical treatment if approved by the administrator as part of the management plan. 3. Management schedule. 4. Erosion control and reseeding if management will create large areas of dead vegetation. 5. Cash escrow or letter of credit to cover 150 percent of the required work. c. Reduce stormwater runoff andlor improve the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other administrator approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. . 1. Reduce amount of pavement on site (I.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2. Use pervious pavement such as pavers or porous asphalt. 3. Use turf pavers or modified turf areas for overflow parking. 4. Install rain garden or infiltration basin. 5. Install rock trench or rock pit. 6. Install filter strip of grass or native vegetation. 7. Install surface sand filter or underground filter. 8. Install native plantings on site to reduce fertilizer use and improve infiltration. 9. Install a green roof on buildings. 10. Install grit chambers, sediment traps, or forebays. Section 8. Variances. a. Procedures. Procedures for granting variances from this ordinance are as follows: 1. The city council may approve variances to the requirements in this ordinance. 2. Before the city council acts on a variance the environmental and natural resources commission will make a recommendation to the planning commission, who will in turn make a recommendation to the city council. The planning commission shall hold a public hearing for the variance. The city shall notify 16 property owners within five hundred (500) feet of the property for which the variance is being requested at least ten (10) days before the hearing. 3. The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies listed in Section S.d. (Mitigation). 4. To approve a variance, the council must make the following findings as depicted in Minnesota Statutes, section 44-13: a) Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The term "undue hardship" as used in granting a variance means the owner of the property in question cannot put it to a reasonable use if used under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone are not an undue hardship if reasonable use for the property exists under the terms of this ordinance. b) The variance would be in keeping with the spirit and intent of this ordinance. b. Exemptions to Variances. Variances are not needed for the following: 1. A nonconforming single or double-dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1 (e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and decks) in the buffer if the new single or double- dwelling family residential structure meets the following conditions: a) Best management practices are implemented to help protect the wetland as described in Section 7 (Best Management Practices). The administrator approves the location and best management practices through the building permit process. b) All other applicable building ordinance requirements are met. 2. A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subdivision 1 (a). 3. Additions to a nonconforming single or double-dwelling family house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: a) Property that is zoned single or double-dwelling residential or is being used as a single or doubie-dwelling residence. 17 b) There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. c) The new addition of the house, garage, deck, or driveway is a minimum of twenty-five (25) feet from the wetland or stream edge. d) The process of constructing the addition does not cause degradation of the wetland, stream, or the existing buffer e) Mitigation actions must be met as specified in Section 5.d. (Mitigation). Section 9. Enforcement. The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or construction or alteration pursuant to an approved wetland buffer management worksheet or plan. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The violator may be civilly fined andlor liable for restoration costs as well. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city council approved the first reading of this ordinance on November 9, 2009. The city council approved the second reading of this ordinance on December 14, 2009. Signed: Will Rossbach, Mayor Date Attest: Karen Guilfoile, City Clerk 18 <"O~~C<"I ;:01'T1C1I"1;::OlllIZ ( ~g@~~~~g"tl 2~~g~~P8 LITJ D Atla~hmellt3 . lII~Z C,--l_ 03::z'tjOnt;[':1 ~ C"l~Vl~J>~I'T15?::l> ~~';ff;~;:;1-l ~~trlJUI~~~Z o g':;::Z1'T10oX _-,'Vv " " (- W:::IZ ';21"1;:00 ":::"1 60~ RlDW;[)-I g~ ~5S~U~ m~Z<1 WVlZ r-lCDO m~Z-~WI ~N S3~I'T1~~-l~ '-;Ul/l::> ooo(/) ;~tn ';25U1N:'):~ I'1ZUJ OfTll>--f. 02(;)0-1 ~f7:~aZ ~~~()in-l ,?-O. ~ ';::U: --Iwgo .f>.,(J1~~2~:= nee Ulp ~<L!~()~0 ~o 8~l>~ 1'T1;o ." III 6' ~~:=~ 8~:= ~ ~~ fTlo,- rrI ;u I~ -IzI"TlZI"'1:>J :S(T]f)~Zr --<2 ZlIl" ~c ~. rr \!!-r, ~..,6~ II OOOQZI'T1 l"'1;:: -I^ () . 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MEMORANDUM DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Environmental and Natural Resources Commission 2010 Annual Report February 17, 2011 for the February 23 ENR Commission Meeting TO: FROM: SUBJECT: INTRODUCTION Annually the Environmental and Natural Resources Commission submits a report to the city council which outlines the actions and activities taken by the commission during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. The report serves as a means of relaying important information to the City Council on the Commission's accomplishments and obtaining feedback on proposed goals. RECOMMENDATION Review and offer feedback/comment on the attached ENR Commission 2010 Annual Report. Attachment: Environmental and Natural Resources Commission 2010 Annual Report Attachment DRAFT City of Maplewood Environmental and Natural Resources Commission 2010 Annual Report February 23, 2011 Preface The Environmental and Natural Resources (ENR) Commission is charged with protecting, preserving and enhancing the environment of the City of Maplewood. Members The ENR Commission consists of seven members appointed by the City Council. Membership terms are for three years, with extensions for additional terms approved by the City Council. The current membership is as follows: Board Member Membership Began Term Expires Bill Schreiner Judith Johannesen Dale Trippler Randee Edmundson Carole Lynne Carol Mason Sherrill Ginny Yingling 06/09/08 07/14/08 02/25/08 02/08/10 11/27/06 11/27/06 11/30/06 09/30/11 09/30/11 09/30/12 09/30/12 09/30/13 09/30/13 09/30/13 Chair and Vice Chair Each year the commission appoints commissioners to serve as chair and vice chair of the commission. On January 13, 2011, the commission appointed Commissioner Schreiner to be the chair and Commissioner Edmundson to be the vice chair. In 2010 the chair was Commissioner Trippler and the vice chair was Commissioner Schreiner. Meetinas The ENR Commission's meetings are held the third Monday of every month at 7:00 p.m. In 2010, the ENR Commission held 13 meetings. Twelve of those meetings were monthly meetings, and one was a special meeting to take questions and feedback from recycling contractors prior to the release of the city's recycling request for proposal. 2010 Attendance Commissioner Attendance Dale Trippler . Carol Mason Sherrill Randee Edmundson Ginny Yingling Judith Johannesen Carole Lynne Bill Schreiner 13 of 13 12 of 13 12 of 13 12 of 13 11 of 13 08 of 13 08 of 13 Reviews and Accomplishments The ENR Commission is a strong element to the city's environmental planning. One of the commission's missions is to develop and promote sustainable practices for city policies and procedures. In 2010 the ENR Commission worked on the following environmental issues: 1. Chicken Ordinance to Encourage Sustainable Foods 2. Stormwater Ordinance 3. Fish Creek Greenway Ad-Hoc Commission 4. Eureka Recycling 2009 Year-End Recycling Report 5. Recycling Contract Request for Proposal 6. Flood Plain Ordinance 7. Renewable Energy Ordinance 8. Extreme Green Makeover Judging 9. Review of two wetland variances. 10. Review of the National Pollutant Discharge Elimination System (NPDES) Permit 11. Emerald Ash Borer 12. Greenways 13. Collection System Analysis 14. Neighborhood Environmental Groups 15. Maplewood 2011 Street Project - Western Hills Area Outside Activities 1 . Waterfest 2. Community Development and Parks Tour 3 National Night Out Recycling Bin Distribution 4. Collaborative Joy Park Buckthorn Removal Project 5. Spring and Fall Clean Ups Goals During the ENR Commission's January 13, 2011, Goal Setting Meeting, the commission chose to carry over their 2010 goals to 2011 as follows: 1. Trash Hauling (Collection System Analysis) 2. Greenways 3. Neighborhood Environmental Groups Additionally, the ENR Commission would like to place more emphasis on environmental public outreach. To achieve this, the commissioners will participate in more outside activities such as Waterfest, National Night Out, or Taste of Maplewood to educate and motivate people to lead more environmentally sound and sustainable lives. On February 23, 2011, the commission created subcommittees to assist in the implementation of these goals, with two to three commissioners appointed to each subcommittee. The subcommittees will conduct research, interviews, and assist staff in review of the goals and report back to the full commission. The full commission will make recommendations on any policies proposed for these goals. 2 Conclusion The ENR Commission will continue to carry out the mission of the commission as follows: 1. Establish environmental priorities for the city. 2. Make recommendations on policies, procedures and ordinances that control, protect, preserve, and enhance the city's environmental assets. 3. Participate in the mission and goal of the Maplewood Nature Center and Neighborhood Preserves. 4. Promote greater use and appreciation of the city's environmental assets. 5. Sponsor environmental projects to enhance, repair, replace, or restore neglected or deteriorating environmental assets of the city. 6. Develop educational programs that foster the mission of the commission. 7. Develop and promote sustainable practices for city policies and procedures. 3 Agenda Item 6.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner 2011 Goals - Implementation Strategies February 16, 2011 for the February 23 ENR Commission Meeting INTRODUCTION On January 13, 2011, the Environmental and Natural Resources (ENR) Commission held a goal setting meeting. During the meeting the commission chose to carryover the 2010 goals for continued implementation in 2011 including greenways, neighborhood environmental groups, and trash hauling. In addition, the commission wants to increase environmental public outreach efforts and continue work on the wetland, shoreland, slope, and Mississippi Critical Area regulations in 2011. This memorandum will review options for implementing the 2011 goals. DISCUSSION Status of Goals 1. Greenways: The greenways subcommittee began planning for programming in the Holloway/Beaver Creek Greenway. This greenway was chosen because of the natural resource projects which will take place in the greenway in 2011. The subcommittee scheduled a greenway neighborhood event for Saturday, May 14, 2011, at Hill Murray High School (which is located in the HollowaylBeaver Creek Greenway). The subcommittee will invite all residents living in or near the greenway to the event, which will include a presentation on basic greenway concepts and the ecology of the Holloway/Beaver Creek Greenway, as well as a bus tour to ,view successes and challenges in the greenway. The subcommittee also began designing a greenway brochure which will give an overview of greenways and include maps and photographs specific to each greenway. 2. Neighborhood Environmental Groups: The neighborhood environmental subcommittee was formed to look at ways to support neighborhoods in taking action to improve their environment. In 2010 the subcommittee focused on energy efficiency and conservation by partnering with Metro Clean Energy Resource Team and Xcel Energy to present an energy efficiency workshop. During the workshop energy experts gave a presentation on simple ways to save money and energy in homes and discussed energy efficiency programs and rebates offered by Xcel Energy. The energy workshop was a good start to engaging residents in the energy and neighborhood environmental group dialogue. During the last subcommittee meeting, the group discussed expanding efforts into other environmental areas. One idea includes working with the greenways subcommittee to focus on environmental neighborhood programs going on in the HollowaylBeaver Creek Neighborhood in 2011. Additionally, the subcommittee wiil have an opportunity to discuss their neighborhood environmental group efforts during the March 2011 Spotlight on Maplewood cable show. During the show the city will spotlight energy efficiency and conservation goals and objectives. The subcommittee will be interviewed on ways neighbors can join together to improve energy efficiency in their homes and the community as a whole. 3. Trash Hauling: The trash hauling subcommittee attended city council workshops to testify on the research and findings of organized versus open systems of trash hauling. The subcommittee also assisted with public education by appearing in the Spotlight on Maplewood cable show in August 2010 that highlighted goals and objectives for reviewing the city's current open system of trash hauling. The city council held a workshop on the matter on February 7, 2011, to continue the trash hauling discussion. During the workshop the city council directed staff to place the item on their February 28, 2011, city council agenda to set a public hearing date for the adoption of a resolution of intent to organize. The tentative date for that public hearing is March 28, 2011. If the city council adopts the resolution, the planning process will begin. State statute requires that the city follow a statutory process for organizing collection systems, which could take 120 days to one year to complete. Throughout the process the trash hauling subcommittee will be called on to assist staff and the city council on the review and planning for an alternative collection system. Events During the goal setting meeting the commission stated they would like to place more emphasis on environmental public outreach in 2011. To achieve this, the commission has agreed to review a calendar of events, and request that commissioners sign up to assist staff in the planning and participation of the event. Following are events to consider for participation: Calendar Year - 2011 April . 9 (Saturday): Maplewood Park Clean Up . 30 (Saturday): Spring Clean Up May . 7 (Saturday): Rain Barrel/Compost Bin Sales . 7 (Saturday): Treemendous/Arbor Day Event . 14 (Saturday): Greenway Presentation/Bus Tour . 21 (Saturday): Waterfest June . 11 (Saturday): Nationai Get Outdoors Day RECOMMENDATION July . 13-17 (Wed. - Sun.): Ramsey Co. Fair August . 2 (Tuesday): National Night Out . 19 and 20? (Fri./Sat.) - Taste of Maplewood September . End of Sept. (Saturday): Friends of Maplewood Nature Annual Picnic October . 15 or 22 (Saturday): Fall Clean Up . End of Oct., Beginning of Nov. (Saturday): Public Buckthorn Removal Event Review the 2011 goals and determine how best to implement them throughout the year. If the ENR Commission chooses to continue implementation of these goals through subcommittees, commissioners should determine if the same or new commissioners are appointed to each subcommittee. If no subcommittees are planned, the existing subcommittees should be disbanded as recommended in the Commission Handbook.