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HomeMy WebLinkAbout04/26/2000 Environmental Board MinutesENVIRONMENTAL BOARD MEETING APRIL 26, 2000 CITY OF LINO LAKES MINUTES DATE : April 26, 2000 TIME STARTED : 6:33 P.M. TIME ENDED : 8:19 P.M. MEMBERS PRESENT : Maurine Davidson, Amy Donlin, Rod Kukonen, Scott Lanyon, and Teresa O'Connell (arrived at 7:05 p.m.) MEMBERS ABSENT : J.P. Houchins Staff Members Present: Environmental Coordinator Marty Asleson CALL TO ORDER Acting Chair Lanyon called the meeting to order at 6:33 p.m., APPROVAL OF MINUTES Consensus was reached to table the approval of the minutes o scheduled Environmental Board Meeting. APPROVAL OF AGENDA Donlin added item 7E, Testing of Residential Drinking Water. March 29, 2000 to the next Davidson added item 7F, Letter of Recommendation for Brower ADS. Acting Chair Lanyon added :item 76, Standing on New Members. The agenda was approved as revised above. CITIZEN COMMENTS,.,.,.: No citizens were present for comment. ENVIRONMENTAL BOARD BUSINESS A. Tree Preservation Ordinance — Asleson presented the second draft Tree Preservation Ordinance, which had been modified after the Board's review in March. He noted the City Attorney's response to legal questions and presented Julie Farnum to review changes that were made. Julie Farnum, TKDA, reviewed the following changes made to the Tree Preservation Ordinance: 1 ENVIRONMENTAL BOARD MEETING APRIL 26, 2000 • Addition of the definition of "critical damage" • Addition of the definition of "plantation" and replacement of "Schedule and Management of Plantation" as suggested by the DNR. • Addition of language to clarify the process and requirements for single-family versus larger developments. Regarding "Amount of security for single-family" on page 7, Farnum suggested if the Board desired some security they could initiate a performance security account as an incentive to single-family builders to comply. She noted she did not know if this suggestion was brought to the City Attorney's attention. Acting Chair Lanyon asked if Jeff Smyser had commented on this account. Asleson responded he had not, however, there are penalties if a tree is takendown or damaged as part of the building process. Donlin asked how this is policed. Asleson responded the property is checked and if anything is seen it is enforced. Acting Chair Lanyon asked if Asleson would recommend the collection of a performance security. Farnum noted this would require Staff to collect the money, perform the inspection, and return the money, and this could require a process that is not in place yet. Asleson responded Staff presently holds- moneys for landscaping and sodding, and for building inspections for new construction sites: T He noted there is a process in place for this. Farnum reviewed page.9, section B,— .Location of Replacement Trees. She noted in Eagan applicants are-informedof how much mitigation they are responsible for, however, nothing is in writing Donlin asked what the option would be to a developer that bought two acres for a Commercial,Development and would want to clear the trees for tree replacement. Farnum responded;,the developer would be required to do landscaping. She advised that if this ordinance was to be taken literally, and the developer could not satisfy the mitigation, the. City could waive the mitigation requirements. Donlin stated she would not want to waive mitigation requirements. She expressed concern that someone might pay the fine rather than replace trees. She stated she would like to have strong requirements for mitigation. Acting Chair Lanyon noted the flexibility has been removed from this ordinance and the way this is written now, mitigation must be done on site. Farnum responded that is what she understands from the City Attorney. She noted there are times when mitigation on a large development is quite substantial, and there is not enough space left to mitigate on site. 2 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 ENVIRONMENTAL BOARD MEETING APRIL 26, 2000 Acting Chair Lanyon stated after reviewing the draft, the following will be addressed: Page 9, items B1, B2, and B3 will be eliminated with the City Attorney to determine if this section could state "If on site mitigation is not possible, the developer to negotiate with City Staff." • Page 10, Boxelder to be added as a tree not to be used as a replacement. Davidson questioned if this should be approved at this time, as they are waiting for feedback from the City Attorney. Farnum questioned if the Board would still approve this if the City Attorney did not approve their changes. Davidson moved to recommend City Council approval of the Drat Tree`: Preservation Ordinance with the following changes: • Page 9, items Bl, B2, and B3 will be eliminated with the City Attorney to determine if this section could state "If on site mitigation is not possible, the developer to negotiate with City Staff" ■ Page 10, Boxelder to be added as a tree not to be used as a replacement. Kukonen seconded the motion. Motion carried unanimously. B. Environmental Education Packet —Asleson presented the revised Environmental Education Brochure for Clearwater Creek and requested input regarding a purpose statement that can be included in the document., Acting Chair Lanyon suggested they set a standard time every year for the Board to revisit the packet and see what changes need to be made. He asked if that could be accomplished at the next meeting. Asleson agreed and said it will be separate from this purpose statement He explained this is part of the Conservation Development Project and protects the investment the developer and City made in natural areas. Houses are being built along thebuffered areas and residents are starting to get concerned because fences are coming down. Kukonen questioned the statement "Wetlands filter surface water runoff prior to discharge into, s, protecting water quality." He suggested they recommend non - phosphorus lawn chemicals be used. Acting Chair Lanyon noted the following two points: • The fourth paragraph of the last page only states "Careful use of lawn chemicals will help minimize the potential for contaminants from entering the system". He noted it does not help the homeowner with the meaning of careful. Careful use of lawn chemicals means not overusing, being careful about where they are applying it, and using the right chemicals, such as non -phosphorus. 4 ENVIRONMENTAL BOARD MEETING APRIL 26, 2000 ■ The next paragraph states "no mowing or disposal of private yard waste such as leaves, grass clipping, and branches allowed". He noted it does not say where to dispose of them. Acting Chair Lanyon recommended the information should be more helpful and not buried in the back of the packet. He suggested it be up front and highlighted as their recommendations. Kukonen suggested the brochure recommend composting for yard waste. Asleson stated he would work with Acting Chair Lanyon on refining a purpose statement for the brochure. C. DNR Project — Asleson explained he attended a meeting with the DNR regarding natural resource inventory and assessments to take place with Lino Lakes and the City of Hugo. He distributed the following two handouts from the Local Unit of Government Work Group: ■ Primary Activities & Products of Project / Schedule ■ Inventory & Assessment Activities & Products Asleson stated he will copy the Board with information regarding four different ways of Ecologial Restoration and noted many cities are starting to use GPS to identify their land. D. Community Service Award Asleson explained the Community Service Award is designed to recognize individuals who have made a significant contribution to the community. He reviewed the process for making such a nomination and explained a member of the Board is needed to siton the Community Service Award Committee. O'Connell volunteered to sit on the committee. PROJECT REVIEW A. Behms/Rice Lakes Estates Park Prairie Projects — Asleson reviewed slides of Behms/Rice Lakes Estates Park Prairie Projects. Acting Chair Lanyon noted he had thought the Board would be expected to act on this project. He requested the Board not be expected to act on anything if they do not have materials by the time the agenda goes out. OTHER DISCUSSION ITEMS A. Solid Waste / Recycling Day - Asleson announced the Solid Waste / Recycling Day is scheduled for next weekend. The City could not obtain the Good Will due to the cost of bringing a truck in, however the Vietnam Vets will be present. 5 ENVIRONMENTAL BOARD MEETING APRIL 26, 2000 Asleson reviewed a letter and a certificate of appreciation from Anoka County. The County thanked the City for their efforts in reducing waste and recycling. Acting Chair Lanyon suggested the City newsletter publish the certificate. B. Earth Day Summary — Asleson presented slides of Earth Day and noted there were approximately 1,000 people present. Acting Chair Lanyon noted a discussion he had at Earth Day, which resulted in a question if the City has a website. Asleson responded they do not. Acting Chair Lanyon encouraged Staff to look into formulating a website, which would be very beneficial to the residents of the City, and a good way to advertise the City. C. Arbor Day — Asleson announced that Arbor Day is scheduled for May 5, 2000 and said he would inform the Board of the time, which would likely be 1:00 or 1:30. D. City News Letter — Asleson asked if the Board would like to iinclude anything in the newsletter. Kukonen suggested an Earth Day summary Davidson suggested information on good lawn care and the use of low phosphorus lawn chemicals E. Testing of Residential Drinking Water - Donhn stated she has concerns about the drinking water in the wells where she lives She asked if there is a procedure to have the water tested. Asleson responded PCA;has a volunteer group study occurring. He will follow up with them and copy Donlan on the information he receives. Donlan suggested a test sampling be done from all corners and thecentral part of the City. F. Letter of Referral for Brower ADS 'Davidson volunteered to write a letter of referral for Brower ADS. She requested the Board to bring any information they would like included in the letter' to the next meeting. G. Standing on. New Members - Acting Chair Lanyon asked the time line for new members. Asleson responded this would be done as soon as possible. Davidson noted the City Council would:. welcome letters of recommendation from the Board. O'Connel noted the deadline for applicants is Friday. CLOSE MEETING AND CONFIRM NEXT MEETING DATE Acting Chair Lanyon requested the Board to review the minutes from the March 29, 2000 meeting prior to the next meeting and to bring any comments on Brower ADS to the meeting. He requested Asleson to add Tree Mitigation Negotiations to the next agenda and asked the Board to bring any suggestions for Staff guidelines on this. Davidson suggested the Board review the existing landscaping packet prior to the next meeting. Asleson stated he would supply packets to the Board members that do not currently have one. Acting Chair Lanyon adjourned the meeting at 8:19 p.m. 6 ENVIRONMENTAL BOARD MEETING APRIL 26, 2000 The next meeting date will be May 31, 2000. Transcribed by: Carol Hamer TimeSaver Off Site Secretarial, Inc. 7 City of Lino Lakes April Environmental Board Meeting Lino Lakes City Hall April 26, 2000 6:30 PM Agenda I. Call To Order/Pass Sign -In Sheet 2. Approval of Minutes 3. Approval of Agenda 4. Citizen Comments 5. Environmental Board Business A. Tree Preservation Ordinance B. Environmental Education Packet C. DNR Project D. Community Service Award 6. Project Review A. Behms/Rice Lake Estates Park Prairie Projects. Other Discussion Items A. Solid Waste/Recycling Day B. Earth Day Summery C. Arbor Day D. City News Letter 9. Close Meeting and Confirm Next Meeting Date