04/26/2000 Environmental Board Minutes

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ENVIRONMENTAL BOARD MEETING APRIL 26, 2000 Asleson stated many things could be negotiated in the contract with the developer in regards to mitigation. Acting Chair Lanyon suggested the text on page 9, section B2 be changed to state if it is not possible to replace trees on site, the developer can negotiate with the City to complete that mitigation requirement. He suggested the Board come up with a recommendation for City Staff on what they would like considered for negotiation, and suggested these guidelines not be included in the ordinance, but act as a guideline for Staff. Farnum responded she is not comfortable speaking to the legality, and will consult the City Attorney. Farnum noted when developments come for review the Board will be seeing the developments as it goes through the process. At that point they can make a recommendation on the tree mitigation. She clarified mitigation on site is the first choice, however, there is some allowable removal of trees andsome removal will not be considered significant. Donlin expressed concern with who might determine "significant". Acting Chair Lanyon noted tree types are well spelled out on page 3. Acting Chair Lanyon asked if Section B, Page 9 could refer only to mitigation on site. He noted if there is trouble with something, it would likely come back to the City to negotiate. Farnum responded this would be asked of the City Attorney. She noted one of the things this ordinance will hopefully;' do is foster some further negotiation and some more careful site planning. Donlin expressed concern that ifthe ordinance were to be rigid rather than flexible, a developer might quickly eliminate trees and cover stumps to hide the fact they existed. Asleson responded this is a rare occurrence, happening only about one percent of the time. Donlin asked if this ordinance would coincide with the Shade Tree Ordinance. Asleson responded it would be separate from the Shade Tree Ordinance. Farnum explained the ordinances address.two different things. The Shade Tree Ordinance relates to public development, and this ordinance is specific to private property development. There is a clause, however, that talks about the relation to the other ordinance. Farnum reviewed page 10, item A3, additional language was included regarding tree removal to state "or sustains critical damage resulting in tree removal as defined herein,". O'Connell arrived at 7:05 p.m. Donlin asked if they could add another species to the list of trees that should not be used as replacements listed at the top of page 10. Acting Chair Lanyon requested that boxelder be added to the list. 3