Citizen's Environmental Quality Committee

Nov. 28, 2022 Citizens Environmental Quality Committee Winona, Minnesota 55987 Dear Committee Members: The next meeting of the Citizens Environmental Quality Committee meeting will be held on Thursday, Dec. 1st, 2022 at 4:30 p.m. in the City Council Chambers at City Hall. 1. Call to Order 2. Review of October Meeting Minutes 3. Amendment to Land Disturbance Policy (10 minutes) 4. Community Garden Update (15 minutes) 5. Stormwater Code Language (5 minutes) 6. Other Business (5 minutes) 7. Adjournment Sincerely, John Howard Natural Resources Sustainability Coordinator CITIZENS ENVIRONMENTAL QUALITY COMMITTEE MEETING NOTES DATE: Thursday Oct. 6, 2022 TIME: Scheduled for 4:30 pm in the City Hall Council Chambers PRESENT: Paul Schmidt, Madalyn Bollig, Sadie Neuman, Niki Ciulla, David Ruff and Dan Hall GUESTS: Abby Wickboldt (AmeriCorps) STAFF: John Howard 1. Call to Order: Call to order at 4:31 PM by Dan Hall (Chair). 2. Review and Approval of Sept. 2022 Meeting Minutes: Motion by David, 2nd by Paul. Approved unanimously. 3. Community Forestry Initiative Member: Abby Wickboldt is the new member serving with the City of Winona as a Climate Change Corps member in the Community Forestry Initiative. Abby shared the preliminary work done by the program in September. The CEQC asked what Abby is working on currently, which is tree watering and care. She will work on the City’s EAB plan and arboretum in a City park. She is a graduate of WSU. 4. Land Disturbance Policy update: John shared that the City’s attorney is doing a legal review of the code, with particular emphasis on the shoreland dimensions since they are delegated from the state. John expects these to be ready for the first November meeting. Dan shared that a homeowner recently presented a proposal for a native garden in their Cobblestone Creek lot. This seems like a really nice project that replaces invasives with indigenous plants. David asked if this work would involve the physical streambanks – John said it is just the land vegetation. Sadie asked what inspired this project, and why they sought the land disturbance permit. John was not sure, but believe it was due to them learning about the process from a neighbor. 5. Community Garden Update: John stated the final report should be sent to taskforce for their approval tomorrow, and would then go to the City Council for discussion. John said the report hasn’t changed much, but does include the CEQC’s recommendations around the Madison School site and Knopp Valley Park. Abby asked if the ERC gardens would stay? Yes, John said the task force recommends keeping the ERC gardens and adding a west side garden. NIki asked if the ERC gardens are safe even though the public safety proposal was voted down. John said that it is undecided about the gardens. The previous proposal for the ERC site becoming a friendship and rec center had the garden plots being replaced with a food forest and walking areas. Niki noted that the garden survey respondents support the idea of food forests, but at a lesser rate than individual plots. Thus the conversion to the food forest would be unwanted by some current users at the ERC. Abby asked about expanding the garden there, but not sure how that would work. Dan asked if it was back to square one for the ERC plans, but John believes the plans existing prior to the combined public safety building are now back to being the prevailing option. David voiced the value in having green space, such as the community garden. Sadie noted the high use of the existing basketball courts and other outdoor play area. 6. Stormwater Code Amendment: John began the conversation by including passing around a revised edition of page 25 that more fully describes the new permit language about linear project reconstruction. John asked that members provide comments on the overall readability and also if the proposed changes are appropriate. Many changes are required by the MPCA. Sadie asked whether the code is intended to be plain language, or needs to be technical? John said it probably could be written in a plain text way. David asked if most repaving projects would now count as “reconstruction” require the infiltration of water. John said most road construction projects, so long as over an acre, would meet this definition. Solely repaving would not count as “reconstruction”. Dan asked for clarification on the volume calculation, and what needs to happen with that water. Ideally the water gets infiltrated into the ground. Sadie asked whether these same reconstruction projects would require an EAW. John said he believes the threshold is much larger. Dan asked about the practical ways to get infiltration. John listed raingardens, tree trenches and permeable pavers as options, but which are not common in Winona. David wondered about crediting for stormwater and utilizing neighboring properties as a way to meet the requirements. John unsure how the MPCA views stormwater crediting. Dan asked about aspects impacting industrial stormwater. John said that the MPCA regulates the stormwater for industrial sites – the one impact is a requirement to cover salt piles. Sadie asked about the timeline for approval and discussing. John said it should be approved by Nov. 18th to meet the MPCA guideline. Sadie is wary of the language of “reasonable attempt”. Not sure what a good substitute would be. Abby suggested a threshold of a percentage. David suggested project cost percentage – maybe 15%. Paul asked about the approval process. John said it would be going before the City Council. Dan expects the City Council will not be inclined to allowed added cost to reconstruction. Abby asked about metro management of the rain gardens. Niki believes it is the residents. Sadie asked whether the lawns to legumes neighborhood program might make sense for street projects. Discussion also considered using local contractors. David clarified his recommendation that cost effective would be defined as stormwater enhancements not exceeding 15% of project costs, and moved that this definition be included in the stormwater code. Seconded by Niki. Passed unanimously. David added that any definition, whether or not it is 15%, would be useful. 7. Other Business: John passed along well wishes and appreciation from Julie to the CEQC since her term is ending, and she was not able to be in attendance. Niki is also ending her term, and expressed her appreciation with working with everyone. 8. Adjournment: Motion to adjourn by Niki, second by David. All in favor. Adjourned at 5:40. Notes prepared by John Howard.  CITIZENS ENVIRONMENTAL QUALITY COMMITTEE AGENDA ITEM: 3. Amendment to Land Disturbance Policy PREPARED BY: John Howard DATE: Dec.. 1, 2022 City staff is working to finalize the ordinance language on the Land Disturbance Permit process that the CEQC helped originate. Current ordinance language is attached. A hang up has been the specific terminology used to define what may be removed. Staff is inclined to use the term “non-native” when describing which types of plants can be removed, but the terms “invasive species” and “noxious weed” are more common in state statute. Below are the definitions being proposed: r) Native Species: a species naturally present and reproducing within the region or that naturally expands from its historic range into the region. s) Non-native: a species that is not a native species. Alternate wording options include: "Invasive plant" means a nonnative species whose introduction and establishment causes, or may cause, economic or environmental harm or harm to human health. "Noxious weed" means an annual, biennial, or perennial plant that the commissioner designates to be injurious to public health, the environment, public roads, crops, livestock, or other property. The CEQC’s input on the preferred terminology is appreciated.  ORDINANCE NO. _________ AN ORDINANCE AMENDING WINONA CITY CODE, CHAPTER 32 – NUISANCES AND CHAPTER 43 – UNIFIED DEVELOPMENT CODE THE CITY OF WINONA DOES ORDAIN (new material is underlined in red; deleted material is lined out in red; sections which are not proposed to be amended are omitted; sections which are only proposed to be re-numbered are only set forth below as their number and title): SECTION 1. That Winona City Code, Chapter 43 - Unified Development Code, Section 43.02.32 - Bluffland Protection Overlay District, Subsection B) - Definitions, be amended in the following various clauses, with the entire Section being renumbered accordingly as a result of the inclusion of new definitions, as follows: 11) Land Disturbance Activity. A change in the use of land that would result in any form of topographic modification, increase in impervious surface coverage, or vegetative alteration. Land disturbance activity shall include, but not be limited to: a) Any extent of grading, grubbing, filling, and excavating. b) The construction of any structure, building, impervious walk/path, swimming pool, deck, patio, driveway, street, retaining wall, and public/private utility. c) The establishment of formal lawns and gardens, or the cutting, thinning, or removal of existing living native vegetation. i. This term shall not include the removal of diseased or dead vegetation, and established home lawn, garden and landscaping maintenance activities. d) Native landscape conversions. e) Broadcast spraying of herbicide. 24) Mechanical Means. Using tools powered by electricity or fuel. 25) Native Landscape Conversion. Converting an area from one type of habitat (forest, prairie, etc.) to another natural habitat type, and may include removal of both native and non-native plants. 26) Native species. A species naturally present and reproducing within the region or that naturally expands from its historic range into this region. 27) Non-native species. A species that is not a native species. Inclusive of naturalized non- native species. SECTION 2. That Winona City Code, Chapter 43 – Unified Development Code, Section 43.02.32 - Bluffland Protection Overlay District, Subsection C) - Bluff Protection Overlay Districts, Clause 3) - Exemptions, be amended to add a new Subclause g), as follows: g) Control and removal of non-native species necessary to promote the overall health and sustainability of the land to a natural state. Work shall follow best management practices. Control and removal work involving mechanical means, prescribed fires, 1  and/or the use of goats or similar grazing animals shall require a management plan approved by the community development department. Control and removal work using non-mechanical means (ex. hand pulling, hand sawing) may be completed without submitting a plan to the community development department. SECTION 3. That Winona City Code, Chapter 43 – Unified Development Code, Section 43.02.32 - Bluffland Protection Overlay District, Subsection C) - Bluff Protection Overlay Districts, Clause 6) - Exceptions-Bluff Impact Overlay Districts, Subclause c), be amended as follows: c) Native vegetation landscape restoration conversion projects, and the control and removal of invasive plant species, and noxious weeds (by mechanical means), provided that: i. The Planning Commission (Commission) finds that the activity, and method of carrying it out, is necessary to maintain the overall health and sustainability of forest the land, and will not compromise the purpose and intent of this section. In making this finding, the Commission shall consider expert or state agency comments and recommendations. ii. The activity is carried out in conformance with any applicable local or state laws and permitting requirements, including the City of Winona Stormwater Management Ordinance. iii. If occurring within a distance of 50 feet from either side of a Top of Bluff, the Commission shall determine whether, or not, the activity will result in the loss of screening benefits both from and towards, any structural use of land located upland of the activity. If it determines that screening benefits will be lost, it may apply conditions requiring the planting of native trees within 50 feet either side of a Top of Bluff. iv. A site vegetative restoration plan is prepared by a qualified person and includes the use of native plant materials. SECTION 4. That Winona City Code, Chapter 43 – Unified Development Code, Section 43.04.26 - Natural State Areas (NSA), Subsection B) - Disturbance, be amended as follows: B) Disturbance. Once designated, no person shall conduct any land disturbance activity, within an NSA, unless in accordance with this section and Section 43.02.32. The term “Land Disturbance Activity” shall be defined as a change in the use of land that would result in any form of topographic modification, increase in impervious surface coverage, or vegetative alteration. 1) Land disturbance activity shall include, but not be limited to: a) Any grading, grubbing, filling, and excavating. 2  b) The construction of any structure, building, impervious walk/path, swimming pool, deck, patio, driveway, street, retaining wall, and public/private utility. c) The establishment of formal lawns and gardens, or the cutting, thinning, and/or removal of existing living and dead native vegetation. d) Broadcast spraying of herbicide. e) Native landscape conversions. 2) This term Land Disturbance within an NSA shall not include: a) The removal of an immediate safety hazard to persons or property from a designated NSA. Following documentation of a hazard by the City Planner, or designated representative, the underlying property owner of the NSA shall be responsible for the immediate correction of the hazard. This action may employ any reasonable method necessary to mitigate the hazard, provided that adjacent NSA lands are not impaired. Should the property owner fail to correct the hazard, it may be abated in accordance with provisions of Chapter 32. b) The removal of non-native plants conducted by non-mechanical means. Removal of non-native species utilizing mechanical means, fire, or grazing animals shall require a plan approved by the community development department. provided that the method of removal is by hand pulling, hand cutting, and/or the hand application, excluding sprays, of appropriate herbicides. If the method of noxious weed removal involves the use of motorized or mechanical equipment, spraying, or the disturbance of vegetation which is not classified as noxious, approval shall be required. c) Overseeding native plant seeds appropriate to the ecosystem. d) Native species planting as part of restoration projects, provided that the method of work conforms to a plan approved by the community development department. e) The removal of diseased or dead vegetation, and maintenance activities in established home, lawn, and garden landscaping. SECTION 5. That Winona City Code, Chapter 43 – Unified Development Code, Section 43.04.26 - Natural State Areas (NSA), Subsection D) - Preservation Method, be amended as follows: D) Preservation Method. The applicant for subdivision approval shall demonstrate to the satisfaction of the Planning Commission and City Council that a required Natural State Area will be permanently maintained. Methods acceptable for this purpose include: special agreements, easements, or donation or dedication to the City, or other public entity. Once the method of preservation is defined, it shall clearly be referenced on the final plat. Any 3  agreement, easement, or other preservation document shall be recorded with the plat and shall serve as a restriction to the Natural State Area designation. SECTION 6. That Winona City Code, Chapter 43 – Unified Development Code, Section 43.04.26 - Natural State Areas (NSA), that the title of Subsection E), be amended as follows: E) Natural State Areas B Field Identification SECTION 7. That this ordinance shall take effect upon its publication. Passed by the City Council of the City of Winona, Minnesota, this ____ day of __________________, 2022. ___________________________ Mayor Attested By: ___________________________ City Clerk 4  CITIZENS ENVIRONMENTAL QUALITY COMMITTEE AGENDA ITEM: 4. Community Garden Update PREPARED BY: John Howard DATE: Dec. 1, 2022 The Community Garden Task Force report was presented to the City Council for review before their Nov. 21st meeting. Staff will relay feedback and next steps from this meeting.  CITIZENS ENVIRONMENTAL QUALITY COMMITTEE AGENDA ITEM: 5. Stormwater Code Update PREPARED BY: John Howard DATE: Dec. 1, 2022 As discussed in Oct., the City will be updating our Stormwater code to be in line with MPCA permit requirements. Staff shared the CEQC recommendation to define cost feasible as being no more than 15% of the project cost, but after consideration by other City staff, this modification was not recommended in the version presented to the City Council. The Healthy Lake Winona group also proposed an amendment to the stormwater code language by recommending the area threshold be lowered to ½ an acre from 1 acre when for requiring treatment of stormwater during reconstruction. Staff considered this recommendation, but feel the original threshold will be more appropriate given this may already be a challenging requirement to meet. The stormwater code went before the City Council on Monday, Nov. 21. A final reading will be at the Dec. 5th City Council Meeting. The City’s annual Stormwater Pollution Prevention Plan public meeting will be held on Dec. 12th starting at 6 pm in the Misato room of City Hall.