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NRC Packet 06122024NATURAL RESOURCES COMMISSION AGENDA MENDOTA HEIGHTS CITY HALL COUNCIL CHAMBERS Wednesday, June 12, 2024 6:00 p.m. 1.Call to Order 2.Roll Call 3.Adopt Agenda 4.Approval of Minutes a.Approve meeting minutes from the May 8, 2024 Natural Resources Commission Meeting b.Approve meeting minutes from the May 8, 2024 Natural Resources Commission WorkSession 5.Citizen Comment Period (for items not on the agenda) 6.New Business a.Zoning Code Updates – proposed Chapter 15: Environmental Standards of the City Code 7.Old Business a.Pollinator Awareness Month Review b.Q1/Q2 Work Session Summary and Q3 Planning c.Committee Reports•Ordinance and Policy Development •Education and Outreach •Urban Forestry and Restoration •Strategic Planning •Sustainability 8.Staff Announcements 9.Commission Comments 10.Adjourn 1 NATURAL RESOURCES COMMISSION MENDOTA HEIGHTS CITY HALL COUNCIL CHAMBERS May 8, 2024 Mendota Heights Natural Resources Commission Page 1 of 5 Wednesday, May 8, 2024, 6:00 p.m. Draft Meeting Minutes The regular meeting of the Mendota Heights Natural Resources Commission was held on Wednesday May 8, 2024, at Mendota Heights City Hall; 1101 Victoria Curve. 1.Call to Order Chair Swank called the meeting to order at 6:00 p.m. 2.Roll Call Natural Resources Coordinator Spreiter called the roll. Commissioners present: Commissioners Fahnhorst, Knosalla, McCaslin, Sheets, Stein, Swank, and Student Commissioner Trudeau. Commissioners Absent: Commissioner Husbands Staff present: Natural Resources Coordinator Krista Spreiter and Recycling Coordinator Courtney Selstad. 3.Adopt Agenda Motion to approve the agenda by Fahnhorst, second by McCaslin. Motion passed 6-0. 4.Approval of Minutes a.Approval of April 10, 2024 Natural Resources Commission Meeting Minutes Commissioner Sheets noted she was present at the meeting and should be added to the Roll Call. Motion to approve the revised Regular Session Minutes by Stein, second by Knosalla. Motion passed 6-0. 5.Citizen Comment Period (for items not on the agenda) No one appeared to address the Commission. Chair Swank noted there were 11 people in attendance. 6.New Business a.Oak Award Recipients Recognition Natural Resources Coordinator Spreiter The Mendota Heights Natural Resources Commission created the Oak Awards Program in 2023 to celebrate leadership, education and outreach, and project efforts that advance natural resources within the City. Recipients are recognized in the following categories: 2 4a. May 8, 2024 Mendota Heights Natural Resources Commission Page 2 of 5 Acorn Award – recognizes exemplary youth leadership in the advancement of our city’s natural resources. Eligible youth include individuals or groups 18 years of age and younger, or a current student in 12th grade or under. Leaf Award – recognizes significant contributions of an individual, family, company or organization that has demonstrated extraordinary leadership for the stewardship of our city’s natural resources. Canopy Award – recognizes lifetime achievement of an individual, family, company or organization that has demonstrated extraordinary leadership for the stewardship of our city’s natural resources. Recipients for their achievements in Natural Resources within the City in 2023 include: Acord Award – Benjamin Moe – Ben led and coordinated a pollinator planting in Valley Park as part of his Eagle Scout project. The project included the planting of over 200 native pollinator plants, as well as the creation of a webpage, complete with QR code and signage, educating the public on the benefits of pollinators and how to protect them. The website created was shown to the Commission. Leaf Award – Tim Minea – Tim has set an example in his own landscape by planting a beautiful mix of native trees and plants, many originally planted by his father a generation ago that he has continued to care for. He also has planted several pollinator plants along the East and South sides of his property. Neighbors say ‘Tim is also really great at getting kids excited about plants. Once he brought the neighborhood kids some acorns and a bucket of dirt so they could see how the acorns grew into trees. My girls loved watching the bucket grow into tiny trees.’ Tim Minea thanked the Commission for the award. Canopy Award – Leslie Pilgrim – Leslie has spent countless hours in the service of natural resources, including water resources, throughout the metro area but especially within Mendota Heights. Some of the community efforts she has created, led, and volunteered for include: Neighborhood Greening – a non-profit dedicated to community environmental education and stewardship, Roots in the Ground – A local non-profit initiative with a goal to plant 5,000 trees in Mendota Heights in 5 years to help mitigate the loss of ash trees to Emerald Ash Borer, the Natural Resources Management Plan Update Steering Committee member, partnering with the Mendota Elementary School to create an elementary forest planting project, and serves as a member on the board of the Lower Mississippi River Watershed Management Organization. Leslie is also committed to continuing education in natural resources, and has gained certifications in and serves as a Master Naturalist and Minnesota Water Steward. Leslie thanked the Commission for their work on the Commission and for the award. Each award recipient was invited to come forward to receive their award, as well as to speak to their efforts in Natural Resources if they wish to do so. Photographs were taken of the recipients along with the Commissioners. b.GreenStep Cities Update. Recycling Coordinator Courtney Selstad reviewed per direction from City Council, City Staff are working to advance Mendota Heights in the GreenStep Cities (GSC) program. The GSC program 3 May 8, 2024 Mendota Heights Natural Resources Commission Page 3 of 5 covers all aspects of sustainability, promotion hundreds of best practice activities and accompanying resources. A city achieves Steps 1-3 when a specific combination of those activities is completed. Steps 4 and 5 are achieved through a comprehensive set of data reporting and improvements on key metrics. Recycling Coordinator Selstad continued during the 2023-2024 GSC reporting period Mendota Heights advanced from Step 2 to Step 3 and doubled its number of reported activities. Step 3 involved additional reporting on sustainability activities that took place over the past few years, as well as completion of specific best practice actions required to advance in the program such as establishing sustainable purchasing guidelines and a Living Streets policy. During the 2023-2024 GSC reporting period Mendota Heights advanced from Step 2 to Step 3 and doubled its number of reported activities. Step 3 involved additional reporting on sustainability activities that took place over the past few years, as well as establishing sustainable purchasing guidelines and a Living Streets policy. City staff will begin to work on Step 4 of the program which involves data collection activities on 12 subjects such as city fleets, wastewater and energy. Staff anticipates Step 4 to be more time intensive than previous steps and are working on a timeline for the next couple years that accommodates achieving Step 4 along with the City’s other sustainability initiatives. Commissioner Stein asked if Ms. Selstad knew of cities that have achieved Step 4? Ms. Selstad stated South St. Paul has made it to Step 5 and West St. Paul is working on Step 4 currently. Chair Swank asked if there are tasks the Commission can assist with please let the Commission know. 7.Old Business a.Earth and Arbor Day Celebration Recap. Natural Resources Coordinator Spreiter reviewed the 2024 Mendota Heights Earth and Arbor Day Celebration was held Monday, April 22 – Saturday, April 27, 2024. The purpose of the celebration is to gain awareness and educate the community on natural resources issues and topics, as well as to encourage participation and connect with residents, business, and other community groups in Mendota Heights. The following events and programs were included in the week-long celebration: Picnic in the Park: Celebrating Earth and Arbor Day in Mendota Heights Unfortunately, this event had to be canceled due to weather. Several groups and individual volunteers still made it out to the City’s parks and open spaces throughout the week to collect trash and help clean up the City as part of the city-wide clean-up event. Some of the volunteer groups included several baseball teams from the Two Rivers Athletic Association, Endeavor Air (part of Delta Airlines), RTI, Inc., and a local Scout Troop. Tricia and the Toonies ENVIRO-Show The Tricia and the Toonies performed their ENVIRO-show for children and adults, teaching about pollinators, resources, recycling and caring for the environment. The show entertained everyone with colorful puppet characters, and got everyone up moving, dancing, and singing along in the interactive performance. Find the Frog “Lily the Frog” was placed in Valley Park during Earth Week. Residents were invited to find Lily and provide the answer to her riddle located next to her. Those that submitted an answer were 4 May 8, 2024 Mendota Heights Natural Resources Commission Page 4 of 5 entered in to win an Earth Day Basket. There were 20 people that participated, and the two winners were Emma and Isaac. Daily Enviro Tip Daily Tips were provided on social media throughout the week on ways residents can help improve our environment. Fresh Air Fridays Kick-off Fresh Air Fridays encourages residents to find ways to reduce their emissions and practice Fresh Air Fridays. For example: Finding alternative, sustainable modes of transportation or reducing their energy use. Oak Awards The City announced the recipients of its first annual Oak Awards. The Mendota Heights Natural Resources Commission created the Oak Awards Program in 2023 to celebrate leadership, education/outreach, and project efforts that advance natural resources within the City. The Oak Awards program includes the following annual awards: •Acorn Award – recognizes exemplary youth leadership in the advancement of our city’s natural resources. Eligible youth include individuals or groups 18 years of age and younger, or a current student in 12th grade or under. •Leaf Award – recognizes significant contributions of an individual, family, company or organization that has demonstrated substantial leadership for the stewardship of our city’s natural resources. •Canopy Award – recognizes lifetime achievement of an individual, family, company or organization that has demonstrated extraordinary leadership for the stewardship of our city’s natural resources. Commissioner Knosalla asked if the amount of trash picked up was calculated. Ms. Spreiter stated she does not have that number as she did not get feedback from all the groups that participated. Kits were provided for those that asked for one. Commissioner Stein stated the partnership with the baseball teams is great. b.Committee Reports •Ordinance and Policy Development – Commissioner Stein stated the Planning Commission and City Council will be reviewing. •Education and Outreach – Commissioner Sheets stated she attended the Environment Commissions Conference last week. She explained some of the efforts done to restore the Oak Savannah in Burnsville. She also learned what other cities are doing. •Urban Forestry and Restoration – Commissioner Knosalla stated she and Ted met prior to this Commission meeting. The next meeting will be rescheduled. They have been working on the Murray Park demonstration planting. •Strategic Planning – Commissioner Knosalla stated they met yesterday and talked about funding strategies and volunteer recruitment strategy. 5 May 8, 2024 Mendota Heights Natural Resources Commission Page 5 of 5 •Sustainability – Commissioner Stein stated the 3rd of 5 workshops were held. The focus was an overview of Excel’s energy programs that could be participated in. The next workshop will be held June 6. 8.Staff Announcements Coordinator Spreiter announced June 11 is the rain barrel and compost bin pick up from 9am-12pm at Public Works. There will be an Intro to Backyard Composting on May 9, 2024 at City Hall. It is Pollinator Awareness Month and new this year is the photo drawing for a Pollinator Gift Basket. A Commission worksession will follow this meeting this evening. 9.Commission Comments Commissioner Sheets stated this coming weekend there is a Plant Sale at Garlow. One sixth of the plants are natives. Next week on May 18 the City of Burnsville has a Plant Sale. Commissioner McCaslin stated the awards given was fun. Chair Swank commented on the quality of the awards. 10.Adjourn Motion to adjourn the meeting by Fahnhorst, second by Knosalla. Motion passed 6-0. Chair Swank adjourned the meeting at 6:50 p.m. 6 CITY OF MENDOTA HEIGHTS NATURAL RESOURCES COMMISSION DRAFT WORK SESSION MINUTES Wednesday, May 8, 2024  Following Regular Meeting.City Hall  1101 Victoria Curve, Mendota Heights 1.Call to Order Chair Swank called the meeting to order at 6:52 p.m. 2.Roll Call In attendance: Chair Swank, Vice Chair Knosalla, Commissioners McCaslin, Stein,Fahnhorst, Sheets, and Student Commissioner Trudeau. Absent: Commissioner Husbands Staff in attendance: Natural Resources Coordinator Krista Spreiter. 3.Discussion a.2024 City Events Coordinator Spreiter listed the following events as remaining City Events in 2024 for Natural Resources Commission involvement: Music in the Park, Touch-a-Truck, TreeSale Pick-up, the Cliff Timm Memorial Fishing Derby, the Parks Celebration, and the Trick-or-Teeing event. Commissioners discussed interest and availability. Commissioners Knosalla and McCaslin stated they would be available for the Fishing Derby on July 18th, from 4-7pm at Rogers Lake Park. Commissioners Sheets,Stein, and Knosalla stated they would be available for the Parks Celebration, August 9-11. Chair Swank stated she would be available during the day on the 10th. StudentCommissioner Trudeau stated that she will be out of town for the Parks Celebration. 7 4b. Page 2 of 3 Commissioners Knosalla and Sheets, along with Chair Swank stated they would be available and interested in hosting a golf hole at the Trick-or-Teeing event on October 19th at the Par 3 Golf Course. The Commission discussed ideas for the event, such as a storm drain/stormwater education theme. The Commission discussed getting t-shirts to help identify themselves at City events. b.2024 Commission Site Tour Coordinator Spreiter gave some options for site tour sites, and invitedCommissioners to share additional ideas. Some options presented were Valley Park Forest Enhancement NW project, Rogers Lake Park, Copperfield Ponds, Curb-cutRaingardens, and the Oheyawahe/Pilot Knob Preservation Site. The Commission agreed that the Oheyawahe/Pilot Knob Preservation Site would beof most interest to the Commission for a site tour. A date of August 8th, after the regular meeting, was tentatively given as a date for the tour. c.2025 Preliminary Budget DiscussionCoordinator Spreiter introduced the discussion by reviewing the 2024 Budget, as well as the NRMP priority project estimated budget for 2025. The Commission discussed breaking down the Tree Services line item into morespecific categories, including removal, planting, and tree care/pruning. Commissioner Fahnhorst asked for the current status and policy for Ash removalsdue to EAB mortality. Chair Swank recommended increasing the budget for removals, as the City has exceeded its removal budget in recent years due to EAB. Itwas recommended that the Maintenance line item be increased. Commissioner Stein asked where revenue from the recently adopted Franchise fee were being allotted. Also remarked that funds may be needed in the future toimplement the Partners in Energy “Energy Action Plan” that is currently being developed. The Commission discussed a request for a portion of franchise feerevenue be set aside for Natural Resources. Commissioner Fahnhorst suggested reducing the amount the City subsidizes for the tree sale, in order to increase the number of trees available. d.Ordinance Discussion A brief overview was given for next steps for the Tree Preservation Ordinance Draft. 8 Page 3 of 3 The Commission discussed options for next ordinances to begin working on for recommendation of adoption. The Commission agreed that the draft of the Buffer/Wetland Ordinance that Commissioner Fahnhorst had drafted should be reviewed again by the whole Commission and considered as the next ordinance for recommendation. A request was made to send out the draft again to the entire Commission, as well as bringing the draft to the next work session for discussion. The Commission also discussed reviewing proposed zoning code updates to avoid duplicating or conflicting language. The Commission also discussed reviewing example ordinances for Sustainable Building and Deconstruction, as well as a Historical Preservation ordinance. Chair Swank requested scheduling the remaining work sessions for 2024. Motion to adjourn by Commissioner Sheets Second by Commissioner Stein Motion Passed 6-0 Adjourn at 8:32 p.m. 9 DATE: June 12, 2024 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator Jennifer Haskamp, Swanson Haskamp Consulting, LLC SUBJECT: Zoning Code Updates – proposed Chapter 15: Environmental Standards of the City Code Background The Commission will hear a presentation from Jennifer Haskamp from Swanson Haskamp Consulting regarding the current process of updating Chapters 1, 2, 4, and 6 of the City’s proposed Chapter 15: Environmental Standards of the City Code. The update is a part of the Planning Commission’s current initiative to comprehensively update the City Code to be consistent with the adopted 2040 Comprehensive Plan in conformance with State Statute. The proposed chapters for review from Swanson Haskamp Consulting is attached. Requested Action Information only. The Commission is invited to discuss the proposed updates and provide comments. 10 6a. Title 15: Environmental Standards CHAPTER 1: TITLE, PURPOSE, AND CONFORMANCE ARTICLE A. TITLE, PURPOSE AND INTERPRETATION 15-1A-1 Title and Application This Title shall be known, cited and referred to as the MENDOTA HEIGHTS ENVIRONTMENTAL STANDARDS or except as referred to hereinafter, where it shall be known as this “Environmental Standards Ordinance”. 15-1A-2 Intent and Purpose This Environmental Standards Ordinance is adopted for the purposes of: A.Preserve the natural character of neighborhoods. B.Protect the health and safety of residents. C.Protect water quality and minimize stormwater runoff. D.Prevent erosion or flooding. E.Control or eliminate soil erosion and sedimentation. F.Encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community. G.Maintain slope stability and existing drainage patterns. 15-1A-3 Application and Interpretation A.Minimum Requirements. In their interpretation and application, the provisions of this Environmental Standards Ordinance shall be held to be the minimum requirements for the promotion of pub B.This article shall apply to any person, developer or use that would alter or impact a natural resource which shall be identified by, or included within, an: 1.Officially adopted map. 2.Wetland Delineation and any Mitigation or Replacement. 3.Identified public water as established by the MN Department of Natural Resources. 4.Significant or Heritage Tree Removal. 5.Forest Alteration 15-1A-4 Separability It is hereby declared to be the intention that the provisions of this Environmental Standards Ordinance are separable in accordance with the following: A.If any court of competent jurisdiction shall judge any provisions of this Environmental Standards Ordinance to be invalid, such judgement shall not affect any other provision of this Environmental Standards Ordinance not specifically included in said judgment. B.If any court or competent jurisdiction shall judge the application of any provision of this Environmental Standards Ordinance to a particular property, building or structure, such judgement shall not affect any other property, buildings or structures. 11 6a1. CHAPTER 2: ADMINISTRATION, ROLES, AND RESPONSIBILITIES 15-2-1 Administration and Enforcement Officials This Environmental Standards Ordinance shall be administered and enforced by the Public Works Director, who may designate the Zoning Administrator, Natural Resources Coordinator or assigns as referenced throughout this Chapter. The following roles and responsibilities of the Public Works Director, or as may be assigned, are established: A.Review and approval of any administrative permit for compliance with the requirements of this Environmental Standards Ordinance. B.All applications for any permit required by this Environmental Standards Ordinance are received, dated, and filed. C.Coordinate the review process required by this Environmental Standards Ordinance which may include review and recommendation by the Natural Resources Commission. D.Issuance of any Administrative Permit or WCA Permit including, but not limited to, the Notice of Decision and mitigation or replacement plans. E.Permanent and current records of this Environmental Standards Ordinance are maintained, including, but not limited to all maps, amendments, conservation easements, permit approvals, and required official actions. F.The Public Works Director shall institute in the name of the City appropriate actions or proceedings against a violator of this Environmental Standards Ordinance as provided by law. 15-2-2 Natural Resources Commission The Natural Resources Commission ("NRC”) is established for the City on [XXXX, XXX]. The following is established: A.Meetings, Procedures, Records. 1.The NRC shall be appointed by the City Council and shall serve as a recommending body to the city council and planning commission. 2.The NRC shall publish a monthly meeting schedule on an annual basis. The NRC shall meet to conduct their official business. 3.The NRC shall adopt rules for the transaction of business and shall keep a record of its recommendations, transactions and findings, which record shall be maintained as a public record. 4. The NRC shall submit to the city council, and when applicable the planning commission, a true and correct copy of all its minutes, recommendations and other reports. B.Powers and Duties. 1.The NRC is a recommending body and shall not make any final determination or decisions, unless such decision making is expressly granted by the City Code or directed by the City Council. 2.The NRC shall be responsible for the review, amendment or study of this Environmental Standards Ordinance when directed by the City Council. Authorization must be granted by the City Council. 3.The NRC shall review and provide recommendations to the planning commission or City Council as required by this Environmental Standards Ordinance or as required by Title 12: Zoning of the City Code. 12 6a2. 4.The NRC shall provide recommendations on the following common applications: i.Deviations or variances from the Landscape Standards in Section [12-4A-5]. ii.Deviations or variances from the requirements established in Chapter 3: Urban Forest and Significant Trees of this Environmental Standards Ordinance. iii.Deviations or variances from the Buffer requirements established in Section [12-4A-4.1]. iv.Deviations or variances from the requirements established in Section [12-6A-12] MRCCA Site Plan Requirements. v.As may be requested from the planning commission or City Council. 15-2-3 Appeal of Public Works Director. A.Board of Appeals. The City Council is designated as the Board of Appeals for any appeal of a decision made by either the Public Works Director or the Natural Resources Commission. B.Time for Filing Appeal. An appeal to a decision made by the Public Works Director must be filed within 90 days. The Applicant, Owner, other interested person, or officer of the City affected by the decision may appeal to the City Council by filing a written notice stating the action and the specific grounds upon which the appeal is made. C.City Council Action. 1.The City Council may conduct a hearing as it determines is necessary and will determine what notice, if any, shall be given of such hearing. 2.If the City Council determines a hearing is necessary, the City Council shall set a date no earlier than seven (7) days or more than 30 days after the determination is made. 3.Notice of the hearing before the City Council shall be mailed to all appellants. 4.The City Council shall take action to either uphold the decision of the Public Works Director or may overturn in full or with certain conditions the initial decision. 13 CHAPTER 4: WETLAND CONSERVATION 15-4-1 Purpose The purpose of this chapter to provide for the protection, preservation, maintenance, and use of Mendota Heights wetlands and water resource related areas, to maintain the natural drainage system, to minimize the disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment, or from excessive sedimentation; to provide for protection of probable fresh water supplies; and to ensure safety from floods. (1981 Code 402 § 1) 15-4-2 Definitions A.APPLICANT means the individual or entity submitting a land use application to the city. B.BUFFER SETBACK means the minimum horizontal distance between a structure and the nearest edge of a structure and the delineated wetland boundary. C.NATIVE VEGETATION means plant species indigenous to or naturalized to the Dakota County Region of the State of Minnesota or plant species classified by the Minnesota Department of Natural Resources as native in the Minnesota Native Plant Database. Native Vegetation does not include Weeds as defined by this Section. D.NON-NATIVE VEGETATION means species not indigenous to or naturalized to the Dakota County Region of the State of Minnesota by the Department of Natural Resources. E.WCA means the Minnesota Wetland Conservation Act of 1991, Minnesota Statutes Sections 103G222-2373. The City of Mendota Heights shall be designated as the Local Government Unit for the purposes of the WCA. F.WEEDS means noxious weeds as defined and designated pursuant to the “Minnesota Noxious Weed Law,” Minnesota Statutes Section 18.76 through 18.88, as amended from time to time. For purposes of this section, Weeds shall not include dandelions or clover. G.WETLAND means a land that is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this section, in order for a land to be considered a Wetland it must have all the following characteristics (i( a predominance of hydric soils; (ii) be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (iii) under normal circumstances, support a prevalence of hydrophytic vegetation. H.WETLAND MAP means the city’s wetland map derived or compiled from available public data from Dakota County or the Minnesota Department of Natural Resources and the National Wetland Inventory (NWI). 15-4-3 Application of Provisions A.This Chapter incorporates by reference the WCA and any future amendments to the WCA. In the event that any requirements of this section are inconsistent with the WCA, the stricter provisions that provides the most protection for Wetlands shall apply. B.Any structure erected following the effective date of this Chapter shall be setback the greater of the following distances: 1. The required setbacks from a Wetland are established in Section [12-4A-4.1]. 2.A minimum of 20 feet from the edge of the delineated Wetland, as approved by the city. C. Applicability. The Buffer Setback requirements of this Chapter and Chapter 12 shall apply to all property containing Wetlands in the following circumstances: 14 6a3. 1.When any new development activity occurs on the property. For purposes of this chapter, “new development activity” means: i.Any subdivision, as defined by state law; ii.Any site plan review required by Mendota Heights City Code section [12-5B-4]. iii.Any planned unit development. iv.Construction of a principal building on a vacant lot. v.Redevelopment of a property where all the following conditions are met: 1.Results in the removal of more than 50 percent of the market value of the principal structure. 2.The building’s removal is followed by reconstruction (except as exempted by subsection 3 of this section), and 3.Results in a net increase in the square footage of impervious surfaces that drain to a Wetland, or results in the relocation of impervious surfaces closer to a Wetland, or results in changes to drainage patterns (slopes, meander patterns, etc.) that the Public Works Director determines will increase the velocity or rate of runoff to a Wetland. vi.Any project that involves the draining, filling, excavating, or altering of a Wetland except if: 1.Less than 50 cubic yards of disturbance is completed, and 2.The city determines that the project improves drainage infrastructure and/or the function or value of the Wetland. 2.Any other land use application which proposes more than 50 cubic yards of grading disturbance, which requires city review, and which is not specified above, including, but not limited to, conditional use permits, variances, or 3. When the proposed activity or grading exceeds 50 cubic yards or the construction activity involves the disturbance of more than 3,000 square feet. 4.When the proposed activity increases the amount of impervious surface within 50-feet of the Wetland by more than 1,000 square feet. D. Exemptions. The Buffer Setback requirements of this section shall not apply to the following: 1.Any plat which has received preliminary approval or any other land use application that has received final approval by the city council prior to the effective date of this Ordinance. 2.Reconstruction of a legal non-conforming structure that was destroyed by fire or other peril that is permitted to be reconstructed by city code and state statute. 3.Any previously buildable parcel existing prior to the effective date of this section which is rendered unbuildable under city code because of the implementation of the Buffer Setback as required by this Chapter. 15-4-4 Application for Wetland Delineation Report or Wetland Boundary Determination. A.Any project or land alteration activity that meets the criteria established in Section [15-4-3] the Applicant must submit the following materials for review and approval by the city’s designated representative that holds the 15 wetland delineator certification. When a project requires another Land Use Application such as a plat, conditional use permit or variance, then the following materials may be submitted concurrently with the Land Use Application. 1.A grading plan (if grading is proposed) including the area and volume of land disturbance. 2.A Wetland delineation report. It is the responsibility of the Applicant to determine whether Wetlands exist on the property by completing a Wetland delineation and submitting a Wetland delineation report. The following shall apply to the Wetland delineation report: a.The report shall delineate and document the boundaries of any Wetlands on the property in accordance with the WCA requirements. b.The Wetland delineation report must be performed by a certified Wetland delineator. The Wetland delineation must be performed using the most current US Army Corps of Engineers Wetland Delineation Manual and be acceptable to the Natural Resources Coordinator, or their assigns. c.The Wetland delineation must be completed during the established growing season, or the delineation may be deemed incomplete. 3.Certificate of Survey. A certificate of survey or to-scale site plan describing the proposed activity and showing the Wetland and Buffer Setback boundaries. 4.Landscape Plan. A landscape plan for the Buffer Setback area, if any disturbance is proposed. If a deviation from the requirements of this Chapter are proposed, the Public Works Director may request a recommendation from the Natural Resource Commission regarding the plan. 5.A plan identifying the measures to protect wetlands during the construction process. Measures may include silt fencing, snow fencing, signage, or other measures agreed to by the city. B. Exemptions: An Applicant may request an exemption for the requirements to prepare a full Wetland delineation report if: 1.The Public Works Director and the Natural Resources Coordinator determine that the project or land disturbance activity will not adversely affect any potential Wetland on the project site. 2.An official Boundary determination is made for that portion of the Wetland closest to the Project or land disturbance activity and the Project will exceed the Buffer Setback requirements. C. Variance. A Variance from the requirements of this Chapter may be granted by the city council in accordance with the variance provisions established in city code Title 12: Zoning, so long as the variance does not violate the WCA or any other applicable state statutes or rules. 15-4-5 Alterations within Wetland and Buffer Setbacks A.The area within Wetlands and the Buffer Setbacks shall be preserved predominantly in their natural states, except those exemptions stated within this Chapter. B.Any alterations within the Wetland and Buffer Setbacks, except the permitted activities stated below, are prohibited, including but not limited to the installation or placement of structures and impervious surfaces, the operation of construction machinery, the destruction or removal of trees, shrubs or other vegetation, the introduction of any Non-native Vegetation, any mowing, dredging or excavation activities and the placement or storage of any fill material, manure, or trash and the application of fertilizer. The following activities are permitted: 1.Activities described within a Buffer Setback area landscaping or mitigation plan, or a WCA application that was approved by the City. 16 2.The removal of Non-native Vegetation 3.Necessary alterations related to the establishment and maintenance of the native vegetation within the Buffer Setback area. 4.Proposed alterations which are determined by the city to be consistent with the vegetative standards and purposes of this Chapter. 5.The removal or dead or diseased trees. 6.The installation of utility poles, underground utility lines, light poles, traffic regulator signs and signals, mailboxes, and other equipment that is determined by the City to provide an essential public service. 7.The installation of public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the City, 8.The installation of environmental monitoring or control facilities, including those related to water quality and wildlife regulation, 9.The mowing of or installation of permeable pathways not to exceed four feet in width to allow reasonable access to the Wetland. 10.The installation of boardwalks, docks, or other structures to allow reasonable access to the Wetland. These structures shall not exceed four feet in width or have poses greater than eight inches in diameter. 11.The installation of public trails, if required. The temporary and permanent trail disturbance shall not exceed eight feet in width. 15-4-6 Vegetation Performance Standards. Buffer Setback areas shall meet the following vegetation performance standards: A.Where acceptable natural vegetation exists in a Buffer Setback area, disturbance is allowed only with approval from the city. A Buffer Setback area will be considered to have acceptable natural vegetation if it: 1.Is composed of less than 25 percent Weeds; 2.Is covered by Native Vegetation with less than five percent exposed soil. Exposed soils may exceed 5% in cases where native trees and shrub canopy closure of 75% or greater exists; and 3.Does not contain maintained turf grass. B.Where a Buffer Setback area or a portion thereof is not considered acceptable or is to be disturbed, a Buffer landscape plan must be submitted to the Natural Resource Coordinator for approval. At a minimum the landscaping plan shall include the following information: 1.A plan sheet that shows the location of the Buffer Zone area. The plan must identify the buffer areas that are acceptable and the areas that have been identified as unacceptable or disturbed. The city will require that all acceptable buffer areas be protected with silt fence during construction to protect them from erosion and disturbance. 2.The species, planting and seeding locations for the Buffer Zones for the unacceptable and/or disturbed areas. The plan shall include a minimum of four species of native grasses and five species of native forbs and a cover crop. The seed mix shall consist of at least 15 pounds of pure live seed (PLS) per acre and the cover crop shall be at least 20 pounds per acre. 17 3.Detailed specifications that describe sequencing, scheduling, materials, installation of maintenance execution for the seeding, planting or Weed removal. C.In cases where a Buffer Setback landscaping plan is required, the city may require an approved form of a financial guarantee. 15-4-7 Wetland and Buffer Setback Mitigation. A.In cases where a Wetland or Buffer Setback alteration is approved by the city and mitigation is required, the mitigation must result in equal or improved Wetland function and value. The following standards shall apply for any Wetland or Buffer Setback mitigation: 1.Wetland mitigation must conform to the requirements of the WCA. 2.In cases where an approved WCA Application allows Wetland impacts, Buffer Setback areas shall be required on the fill slope of the impact, but additional fill shall not be permitted to meet the Buffer Setback requirements of this Chapter. Instead, expansion of the Buffer Setback area shall be required elsewhere along the edge of the Wetland to meet the overall area of the required buffer. 3.The area of the Buffer Setback area required for Wetlands created is subject to an approved WCA Permit Application and shall meet or exceed the area of required Buffer Setbacks by this Chapter and Section [12- 4A-1.1] for the impacted Wetland. 4.Wetland and Buffer Setback area plantings that are completed for mitigation shall meet the vegetative requirements of this Chapter. 5.Buffer Setback areas may be utilized for Wetland mitigation credits if they meet the requirements of the WCA. 15-4-8 Fees A. Fees: A base fee as set by resolution of the city council shall be paid by all applicants for review of a Wetland Delineation Report. B.Escrows: All applicants shall submit an escrow as determined by the city council to cover the staff and consultant costs to review the Wetland Delineation Report and any associated mitigation plan. 15-4-9 Violation; Penalty Any person failing to comply with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in section 1-4-1 of this code. (1981 Code 402 § 13; amd. 2003 Code) 18 CHAPTER 6: SHORELAND ORDINANCE 15-6-1 In General. Reserved. 15-6-2 Shoreland Ordinance A.Intent and Purpose. The city has determined that a shoreland ordinance will help protect surface water quality, near shore habitat, and the shoreland aesthetics. The city intends to adopt a tailored ordinance after it has studies the specific characteristics of the city’s shoreland in coordination with the other chapters contained in this Environmental Standards ordinance. B.State Rules adopted by Reference. Until the city completes its study and adopts its regulations, it herein incorporates by reference the applicable standards and regulations established by Minnesota Rules Chapter 6120. 1.Where any rule or regulation is in conflict with any other provision of this Environmental Standards ordinance, the more restrictive standard shall apply. 19 6a4. DATE: June 12, 2024 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Pollinator Awareness Month Review Background During the month of May, the City promoted pollinators through the second annual Pollinator Awareness Month. Education was provided to residents via social media, Friday News, and other means on how residents can protect native pollinators and their habitat. Some highlights of the program included: •Education on topics such as landscaping for pollinators, simple ways to protect pollinators, and pollinator species •Tuesday Tips: Short tips on how residents can protect and benefit pollinators o Leave the leaves o Plant native host and nectar plants o Avoid the use of herbicides, pesticides, and insecticides o Plant a variety of native plants with differing seasonal bloom times •Forb Fridays: Native forbs (flowers) that are beneficial to pollinators o Butterfly Milkweed (Asclepias tuberosa) o Wild Ginger (Asarum canadense) o Purple Prairie Closer (Dalea purpurea) o Smooth Blue Aster (Aster laevis) •Topics such as pollinator beneficial landscapes and tips on protecting pollinators were showcased in Friday News •Pollinator Friendly Landscape Lawn signs were made available to residents •Residents were encouraged to submit a photo of a pollinator friendly landscape in Mendota Heights to be entered into a drawing to win a pollinator gift basket. Approximately 30 residents participated. Requested Action Information only. Discussion and suggestions from the Commission are welcome. 20 7a. DATE: June 12, 2024 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Q1/Q2 Work Session Summary and Q3 Planning Background Work sessions are informal meetings in which official action cannot be taken; they are used as a tool for City Commissions to allow for informal discussion focused on key areas or topics. In 2023 the Commission reached consensus that regular, quarterly work sessions could be scheduled as a way to work through the Commission’s annual work plan (2024 Work Plan attached), as well as provide a time for focused discussion on key tasks or goals as needed. The first work session for 2024 was held Wednesday, May 8th, immediately following the regular Commission meeting. Below is a summary of the discussion held during the first work session. 2024 City Events •The Commission discussed the City Events remaining in 2024 for Natural Resources Commission involvement: Music in the Park, Touch-a-Truck, Tree Sale Pick-up, the Cliff Timm Memorial Fishing Derby, the Parks Celebration, and the Trick-or-Teeing event. •The Commission decided on the following events and commissioners tentatively confirmed their availability for the following: •Fishing Derby on July 18th, from 4-7p at Rogers Lake Park (Commissioners Knosalla and McCaslin) •Parks Celebration, August 9-11 (Chair Swank) •Trick-or-Teeing event on October 19th at the Par 3 Golf Course (Commissioners Knosalla, Sheets, and Chair Swank) •A storm drain/stormwater education theme was suggested. 2024 Commission Site Tour The Commission agreed that the Oheyawahe/Pilot Knob Preservation Site would be of most interest to the Commission for a site tour. A date of August 8th, after the regular meeting, was tentatively given as a date for the tour. 21 7b. 2025 Preliminary Budget Discussion •The Commission discussed breaking down the Tree Services line item into more specific categories, including removal, planting, and tree care/pruning. A recommendation was made to increase the budget for removals, as the City has exceeded its removal budget in recent years due to EAB. •It was recommended that the Maintenance line item be increased. •the recently adopted Franchise fee was discussed. A suggestion was made to earmark funds, if possible, towards the Partners in Energy program, as funds may be needed in the future to implement the Partners in Energy “Energy Action Plan” that is currently being developed. The Commission discussed a request for a portion of franchise fee revenue be set aside for Natural Resources. •A suggestion was made to reduce the amount the City subsidizes for the tree sale, in order to increase the number of trees available. Ordinance Discussion •The Commission discussed options for next ordinances to begin working on for recommendation of adoption. The Commission agreed that the draft of the Buffer/Wetland Ordinance that Commissioner Fahnhorst had drafted should be reviewed again by the whole Commission and considered as the next ordinance for recommendation. •A request was made to send out the draft again to the entire Commission, as well as bringing the draft to the next work session for discussion. A Quarter three work session should be held in the months of July, August, or September to finalize 2025 budget requests and discuss any other necessary topics. The following are proposed work session dates: •July 10th •July 29th •July 31st •August 13th •August 15th •August 19th •August 22nd •September 11th Requested Action The Commission is invited to discuss Work Session topics for the Quarter 3 Work Session and confirm availability for a proposed date. A general consensus and directions to staff should be provided. 22 Goal Initiative Q1 Q2 Q3 Q4 Goal 1: Ordinance and Policy Development Recommend final draft of Urban Forest Management ordinance X Goal 1: Ordinance and Policy Development Review Planning Review Checklists to offer natural resources considerations X X Goal 1: Ordinance and Policy Development Identify an ordinance for review, and draft recommendation (landscape ordinance and standards, weed ordinance, shoreland ordinance, etc.) X X Goal 2: Education and Outreach Identify community events to attend, and add assignments for commissioners X Goal 2: Education and Outreach Continue to develop engagement materials aimed at children to educate on natural resources topics: i.e. coloring book to hand out while tabling X X Goal 2: Education and Outreach Develop educational topics and event schedule for Earth and Arbor Day Celebration X X Goal 2: Education and Outreach Review recommendations and choose finalists for Oak Awards Recognition Program X Goal 2: Education and Outreach Develop messaging for, and implement Pollinator Awareness Month X Goal 2: Education and Outreach Host site tour of natural resources site X X Goal 3: Urban Forestry and Restoration Develop residential and commercial subsidized shade tree program X Goal 3: Urban Forestry and Restoration Complete demonstration hybrid planting at Marie Park X X Goal 3: Urban Forestry and Restoration Develop a buckthorn removal kit for residents X X Goal 3: Urban Forestry and Restoration Identify and plan areas of turf-to-native vegetation conversion in city parks X X Goal 3: Urban Forestry and Restoration Host tree planting event X Goal 4: Strategic Planning Identify opportunities for Green Steps advancement X X X X Goal 4: Strategic Planning Identify and explore funding sources for Natural Resources X X X X Goal 4: Strategic Planning Explore development of a Natural Resources Management Plan for Valley Park X X Goal 5: Sustainability Complete Partners in Energy planning process X X Goal 5: Sustainability Explore deconstruction policy for city-owned buidlings and facilities X X Goal 5: Sustainability Begin Partners in Energy implementation process X X Goal 5: Sustainability Host residential energy saving education event X X TimelineNatural Resources Commission Work Plan 2024 23 7b1.