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11/15/1999 CONF MTG - 4666� � CffY OF FRIDLEY CITY COUNCIL CONFERENCE MEETING November 15, 1999 — 7:00 p.m. Fridley Municipal Center Conference Room A 1. Tree Preservation Ordinance. � 2. West Moore Lake Sand Dunes. 3. Parking Ordinance. 4. Franchise Fee Referendum. 5. Other Business. �� � cRr aF FRIdLEY Date: To: AGENDA ITEM CITY COUNCIL CONFERENCE MEETING OF NOVEMBER 15, 1999 November 8, 1999 William Burns, City Manager�,� f�' From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planner/Recycling Coordinator Subject: Tree Preservation Background A few months ago, Councilmember Bolkcom requested that staff investigate whether or not other surrounding cities have tree preservation ordinances in place. Earlier this fall, our temporary Recycling Intern investigated this topic. She found that some Metro area communities have ordinance requirements regarding trees with a variety of different purposes. Purposes include disease control, tree preservation, and maintenance of public trees, and tree replacement. A suxrunary of her findings are attached. Egisting Code Fridley does have regulations in place cutrently for: 1. Section 104. Tree Disease Control 2. Section 510. Tree Preservation on "City-owned" land 3. Zoning Ordinance Sections 205.13.06, 14.06, 15.06, 16.06, 17.06, 18.06, 19.07. Landscaping Plans required for commercial, industrial, and multi-family developments based on size of building and properly. Credit for preserving e�sting trees is given by reducing the overall number of trees required. Area of Concern Regulations do not exist for residential development proposals. It appears that this is the area of concern since the existing code does not prohibit the removal of trees on e�sting or newly developed single-family residential property. Recommendation Staff has studied Fridley's existing tree ordinance language and considered possible improvements. Our conclusions/recommendations are as follows: The preservation of e�sting trees in publicly-owned property (Section 510) requires a process before removing trees in public spaces. This section of code appears to be working and should be preserved. For over 20 years, the City has been offering residents free replacement of boulevard trees that must be removed due to disease. This is a good service that the City should continue. The City has e�sting requirements and a process in place pertaining to preservation of trees in commercial, industrial, and multi-family developments, but does not have requirements in place for single-family home developments. Stai�recommends that the subdivision and the zoning ordinance be amended to establish tree replacement requirements on single-family developments over one acre in size. New regulations should require submission of a tree plan, noting location of existing trees, location of trees to be removed, and new locations for replacement trees. Protection requirements should also be imposed to protect the welfare of the trees that are to remain during construction. Special protection should be provided for oak trees, requiring proper repair if they are damaged to prevent occurrence of oak wilt. We would recommend that if any sign�cant (defined as 4 caliper inches in diameter at 4' above ground level) trees are removed, then there would be a replacement requirement of three trees ner lot. Replacement trees would be required to be at least 2.5 caliper inches for deciduous varieties and 6 feet in height for conifers. We would further recommend that the three replacement trees be three different species to encourage disease prevention through diversity. Emphasis should also be placed on education about tree care and maintenance. A list of properties that were developed over the past year which meet this one acre size limit is attached. Staff does not recommend enforcing tree preservation requirements on individual single-family properties less than one acre in size because enforcement of such an ordinance would require an extreme amount of labor intensive work inventorying existing properties and hacking requests for removal. In addition, landscaping is ever-changing, and sometimes it is best for the overall landscape if a tree is removed. The City should not be involved for making that decision for a homeowner. In the preparation of any new regulations, it is important to realize that our City Forester has many other duties. New regulations would also require extensive involvement from the Planning Division. The existing diseased tree code (Section 104) is adequate to control tree disease. However, the City Forester was directed by City Council many years ago not to address diseased trees on private property unless by complaint. Significant trees preservation could be accomplished if the City Forester is allowed to deterniine diseased trees on a systematic basis. While this could require additional work for the Forester, his time would be focused on disease prevention versus telling people which tree to remove on their property. If the City Council would like to proceed with stai�s recommendations, we would recommend requesting the Environmental Quality and Energy Commission be assigned the task of developing the code language, starting with their December meeting. The EQEC's recommendations could then be passed on to the Planning Commission. M-99-277 Cc: John Flora Jon Haukaas Paul Lawrence Dave Lindquist TREE PRESERVATION ORDINANCE SUMMARIES September 7, 1999 Susanna Wilson City of Blaine Construction or Grading Preservation To preserve the maximum number of trees on lots and submit a tree preservation plan with permit applications. Replacement: 1. Replace removed or damaged trees or pay a fee to the city forester or fund established by the City Council. 2. In non-residential areas replacement trees shall not exceed eight per acre. 3. Replacement trees shall not exceed eight per acre on residential areas. Tree Preservation Plan: Prepared by an architect, landscape architect or a forester to include: a tree inventory, disease control measures, a reforestation plan utilizing tree species and replacement trees and a financial guarantee. 1. Financial Guarantee: "All installations of trees required by the tree preseniation plan or as a penalty for failing to comply with the tree preservation ordinance or plan must be completed at the time of request of a Certificate of Occupancy or plan befinreen May 15th and October 15th, unless dates have been modified by the Zoning Administrator to accommodate unseasonable weather" Property owners/contractors/developers who must replace trees due to unauthorized removal must submit a cash deposit. 2. Tree preservations shall be approved by Zoning Administrator. 3. Site shall be staked or fenced for protection of trees per tree preservation plan. Construction stops until the tree preservation plan is in compliance. Violations of this Ordinance are misdemeanors with each day considered a separate offense. Tree Removal without Construction or Grading Permits Tree Removal from private property limited to finro significant trees per year unless an approved Management Plan was obtained. Trees posing hazards are exempt from the requirements. Forest Manaaement Plan: 1. Required if more than finro significant trees are to be removed per year. 2. Includes a scaled map, location of structures/roads/utilities, tree replacement initiatives and a written narrative describing why plan was developed an how actions will affect the forest. 3. Forest Management Plans approved by city forester or Zoning Administrator. KEY POINTS 1. Separate standards are set for tree preservation on private property and property under construction or areas that will be developed. 2. Tree Preservation Plans are required for the submission of all construction or grading application permits. 3. Significant trees that are damaged or removed without approval are to be replaced or a fee must be paid for the removal or damage. 4. Violations of the tree preservation plan results in the cease of construction until rectified. 5. An architect, landscape architect or a forester must prepare the Forest Management Plan. 6. Private property owners are limited to the number of trees they can remove per year. 7. The intent of the ordinance is to presenre the maximum number of trees on all "lots or parcels". City of Coon Rapids Control of Epidemic Diseases of Shade Trees 1. Control the spread of Dutch Elm and Oak Wilt and other epidemic diseaSes in shade trees. 2. Forester position created to control and prevent said epidemic diseases of shade trees. 3. Control and eliminate said diseases at the request of the Commissioner of Agriculture of MN. 4. Public nuisances include: living, standing or dead tree with Dutch Elm fungus, beetles or rufipes; any dead elm tree part, any living, standing or dead tree with Oak Wilt or other epidemic trees. 5. Unlawful for any person to continue a public nuisance. 6. Owner of diseased trees must cut and remove all parts and burn them. 7. City Forester inspects all public and private locations for epidemic diseases. 8. Forester is authorized to inspect public and private locations. 9. Suspected specimens are sent to the Commissioner of Agriculture immediately for diagnosis. 10. Forester shall effectively treat the disease to contain its spread. 11. Property owners shall submit a request before the City Council for any public nuisance grievance. 12. Forester shall prohibit transport of wood that is diseased. 13. Interference with Forester duties to contain epidemic shade tree disease is unlawful. 14. "No person shall prune or trim any elm tree in the City of Coon Rapids during the months of April through August, or any oak tree during the months of April through June without first receiving permission from the Parks Supervisor or designee", for the purpose of disease reduction. Planting, Maintenance and Removal of Trees and Shrubs in Public Places Purpose: 1. To encourage citizen involvement in maintenance and planting of public trees in rig ht-of-ways. 2. To promote city beautification and welfare improvement. 3. To ensure protection of city trees from epidemic diseases. 4. Prevent damage to city water or sewer mains. 5. Trees may not be planted ten feet of sewer, water line or driveway, or two feet from gas, electric or telephone. 6. Healthy, living public trees may be removed without permission from the city. 7. Public utility persons shall not remove public trees without authorization from the Director of Parks and Recreation or designee. 8. No person shall: injure, excavate a ditch, tunnel, lay a driveway or top a tree within a five feet radius, construct or repair a building which may injure a tree, remove any protection equipment for public trees unless authorized by the Forester. 9. Public trees are to be kept trimmed not less than 13 and'/2 feet over public streets. 10. Private owners cannot maintain trees located at intersections of finro or more streets. 11. Forester shall notify private owners of trees in writing of a public nuisance. 12. Owners who refuse to comply with notice will be fined. 13. Forester is authorized to enter private premises to carry out duties. 14. Interference with Forester duties is prohibited. KEY POINTS 1. Main purpose is to prevent the spread of epidemic diseases of shade trees in Coon Rapids. 2. Transportation of diseased wood within the city is prohibited unless authorized by the Forester. 3. Specific pruning and trimming requirements are included to reduce the spread of diseases. 4. Citizen participation is encouraged to improve the beauty and health of city trees. 5. A specific Forester position has been established with considerable duties to protect and maintain city trees. 6. Healthy trees shall not be removed in public places. 7. Public utilities shall not maintain public trees without permission from the Director of Parks and Recreation. 8. Trees are to be kept trimmed over public streets and right-of-ways. 9. Trees located on private property at intersections are to maintained by the city. Brooklyn Park Will send tree ordinance material when completed. Mounds View and New Brighton Will send tree ordinance material when completed. KEY POINTS 1. Purpose of tree ordinance is to identify the impact of redevelopment on trees 2. These suburbs are 95% developed are concerned with the impact of new development on trees and forests. 3. Ordinances will be developed based on those issues. City of Columbia Heights 1. No person, firm or city department may top any public tree except those damaged by storms or other destruction unless authorized by the Forester. 2. "The City Forester shall locate, identify and select "Landmark Trees" based on the following criteria: species rarity, old age, association with an historical event or person, abnormality, or scenic enhancement". 3. City has authorization to prune, plant and maintain trees in pubic right-of-ways. 4. Stumps of public trees shall be removed 4 inches below ground surface. 5. City Forester may treat public diseased trees unless Forester has granted permission to a private citizen. 6. City Tree Board has the power to enforce and maintain rules regarding trimming, spraying, removing, planting and pruning of public trees. KEY POINTS 1. A City Tree Board has been established to maintain and enforce rules and regulation regarding tree maintenance. 2. The City Forester identifies and chooses "Landmark Trees" to protect certain significant or vulnerable trees. 3. Trees cannot be topped in the City of Columbia Heights, unless authorized by the City Forester. 4. A City Forester position has been established and has considerable exercise over public tree maintenance. City of Minneapolis Dutch Elm Disease 1. Public nuisances include: a living or standing elm tree with Dutch Elm fungus, bark beetles or rufipes; any diseased dead elm tree that has not been treated or burned. 2. Continuance of public nuisance is unlawful. 3. The Park and Recreation Board, officers or employees shall inspect and enter any location with suspected disease. 4. Suspected disease specimens are immediately sent to the Commissioner of Agriculture. 5. Park and Recreation Board will set conditions for diseased public tree removal and disposal. 6. Park and Recreation Board will notify private property owners of suspected diseased trees which must be removed in ten days of receipt of written notice. 7. Park and Recreation Board will remove diseased trees on private property if not treated within ten days of written notice. 8. Persons shall not transport said diseased trees unless granted a permit from the Park and Recreation Board. Planting of Trees 1. "Park and Recreation Board has authorization to regulate planting and preservation of public shade trees in streets, alleys and public grounds: 2. Trees in public areas shall not be destroyed unless the Park and Recreation Board has granted permission. Shade Trees 1. Shade trees may be planted along public streets, alleys or public grounds and will maintain said trees three years after planting. If those trees die after three years the Board shall replace them. KEY POINTS 1. Minneapolis Park and Recreation Board has considerable control over the spread of Dutch Elm disease in Minneapolis. 2. Park and Recreation Board also has direct control over the planting, maintenance and preservation of shade trees on public grounds. 3. Trees planted by the Park and Recreation Board in street areas will be maintained by the Board three years after planting. City of Brook/yn Center Purpose: Protect and enhance the urban forest of Brooklyn Center. 1. Director of public works or designee shall care, preserve, plant, remove and dispose of trees in public right-of-ways. Care and Maintenance of Public Trees 1. City shall plant, prune and maintain trees, shrubs and plants in public areas. 2. City shall remove any unsafe tree involving sewers, gas or electric power lines and water lines. 3. Trees may not be planted on boulevards unless authorized by director of public works or designee. 4. City shall trim trees in public areas. Aesthetic trimming, trimming on corner lots at intersections to guarantee visibility and trimming to maintain pedestrian right- of-ways are to be held responsible by property owners. 5. Private property owners shall remove dead, diseased, or dangerous trees. 6. City shall clean-up boulevard trees damaged by storms. 7. City shall remove stumps on boulevards four inches below ground surFace. 8. Abuse to public trees is not permitted. 9. "No Permit of Approval may be granted until the director of public works or designee determines that the existing trees are adequately protected and preserved". 10. Any living or standing tree with an insect, fungi, or virus is considered a public nuisance. 11. Public nuisances on private property are prohibited by the city. 12. City manager is authorized to allow the inspection of land in Brooklyn Center for diseased trees. 13. Trees that are considered a public nuisance shall be notified in writing by the city manager. If the property owner does not respond to notice in finrenty days the city shall abate the nuisance within five days notice to be paid for by the owner. Planting of Trees 1. Sidewalks and boulevards greater than finrelve feet wide cannot contain trees planted six feet from the edge of curbs and eight feet from sidewalks. 2. Where there are no sidewalks, trees cannot be planted eight feet from the street. 3. Sidewalk and boulevards six to eight feet wide: trees can be planted in the middle of boulevards. 4. No boulevard trees of 25 feet can be planted under utility wires. 5. City recommends diverse species to be planted to reduce the spread of disease by designating certain species to be planted along boulevards. 6. Trees and shrubs cannot block views of pedestrians or streets. 7. The "Clear View Triangle" is established to ensure clear views at intersections. 8. Planting on public areas are to be maintained by the property owners 16 feet over centerline. 9. Plantings owned by private citizens shall not block the visibility of signs on public land. 10. Plantings owned by private citizens shall not block the visibility of sidewalks or trails. 11. Property owners either can abate the nuisance or demand a hearing of said public nuisance. Tree trimmers must be registered with the city to cut, trim, prune, and treat or remove trees in the city. KEY POINTS 1. Permits or Approvals cannot be granted until the director of public works finds that existing trees will be protected. 2. Property owners are responsible for trimming on corner lots to ensure visibility at intersections. 3. Specific distances are established for where to plant trees along boulevards based on the size of the boulevard plat. 4. Boulevard trees cannot be planted to reach a height of 25 feet, which will impede with utility lines. 5. The City promotes a diverse urban forest to reduce disease by recommending many species to be planted along boulevards. 6. The "Clear View Triangle" has been established to ensure public views at intersections. 7. Private plantings shall not block publ�c views of streets, intersections, signs and sight. City of Eden Prairie Special Requirements Landscape Plan: 1. Building permit applicant shall submit a landscape plan to include: site map, landscape proposal and planting schedule. 2. Performance bond is required and permits will not be issued until received. 3. Landscaping shall include the following requirements: minimum sizes for planting, certain caliper height, planting islands, installation methods, sodding and ground cover, slopes and berms, maintenance, erosion control, preservation of Wetland and Woodland areas, placement of plant material, and mechanical equipment screening, general screening and general landscape requirements for residential districts. 4. Application for land alteration shall be submitted to the Council in writing. 5. A tree inventory must be made by a registered land surveyor, forester or landscape architect to include size, condition and location of trees, significant trees to be removed and location of replacement trees. 6. "Council Action on a Land Alteration Permit Application" a. To what extent will the land alteration harm the environment? b. Will the physical characteristics of the land be altered? c. Are the restoration plans adequate? d. Developers are required to replace lost trees based on a system of: (A/BxC)xA=D e. Replacement trees may be planted in specific areas. f. Replacement trees may be of specific sizes and types. g. Replacement trees must be planted within 18 months of the issue of the permit. h. Replacement trees that die or are diseased must be replaced in one year's time. i. Trees must only be of "certified nursery stock". j. Security shall be made for the trees in the amount of 150% of the estimated cost of the replacement trees, which will be retumed to the developer one year after the trees are considered healthy. KEY POINTS 1. Specific and detailed Landscape Proposals are required for all building permit applications. 2. Preservation of Wetland and Woodland Areas Clause is included in the ordinance. The City shall keep substantial trees and wetlands in the Landscape Plan. Clear cutting in woodlands areas is not allowed. Shade trees of more than six inches will be retained. 3. Specific inventory is required of trees in all Landscape Plans. 4. The Council determines before the approval of alteration permits the extent to which the natural environment will be harmed due to each individual land alteration plan. 5. Developers are required to replace trees removed due to land alterations based on a specific formula: (A/B x C) x A= D. 6. Specific requirements are made for types, sizes, and location of replacement trees. 7. Replacement trees that die are to be replaced by the developer. 8. A Security deposit is established to ensure all replacement trees are replaced. The security is returned to the developer on year after the replacement trees are found healthy. City of Minnetonka Tree Protection Amendments Section 1: Significant Tree- "A deciduous tree of at least eight inches caliper or coniferous tree of at least 15 feet in height, excluding a diseased tree which is likely to die. The caliper of a deciduous tree shall be measured 4.5 feet above the base of the tree". Performance Standards Regulating Tree Removal 1. Standards for the protection, preservation and planting of trees include: prevention of tree loss, prevention or reduction of soil erosion, improvement of air quality and noise pollution reduction, increase energy conservation, control the "heat island effect", maintain property values and preserve trees. 2. Street, utility, driveway, parking lot and building construction must preserve as many significant trees as possible. Recognizes that some trees will be lost to construction and would like to save as many as possible. 3. The City may preserve significant trees of higher quality than those of lower quality. 4. Significant trees may be preserved by being rezoned through a Planned Unit Development. 5. Significant trees may be destroyed for development under various requirements. Trees must be planted under certain provisions to replace the significant trees lost. 6. A desirable tree list is provided by the city which requires various native trees to be planted in the city. 7. Trees to be protected must be fenced in before construction begins. 8. A conservation easement may be required for the preservation of significant trees in certain areas. 9. "A significant tree removed within two years before a development application must be replaced in the same location by finro trees". 10. Compensatory storage of water cannot be located near significant trees. 11. Tree removal on private property which has an existing structure, unless a new development or expansion will occur, is not included in this ordinance. 12. A minimum of five acres shall incorporate a P.U.D. Removal of Lands from the Floodplain District Land can only be removed from a Floodplain District with a zoning map amendment along with plans for a compensatory water storage unit. Various other requirements apply including the requirement of a landscaping or vegetation plan. Alteration of the Floodplain Floodplain alteration permits are required for the alteration of the Floodplain district. No compensatory water storage can be located near significant trees and shall prevent wetland erosion. Various other requirements apply including the requirement of a landscaping or a vegetation plan. Range of Densities Explanation of development in various Minnetonka districts: Increasing or decreasing the density is dependent upon the resulting environmental effects on the surrounding wetlands, floodplains, steep slopes, and significant trees. Developments will be analyzed independently at the time of application. R-1 District: Single family detached dwellings where development shall occur at no more than four dwelling units per acre. R-2 District: Single family and finro family dwellings where development shall not exceed more than four dwelling units per acre. R-3 District: Attached dwellings where development shall occur at no more than 12 dwelling units per acre. R-4 District: Attached and multiple family dwellings where development shall occur at no more than 12 dwelling units per acre. R-5 District: Multiple family dwellings where development shall occur at no more than 12 dwelling units per acre. Control of Dutch Elm and Oak Wilt Disease 1. City Council and Council of Minnetonka finds the health of elm and oak trees are threatened by various diseases. 2. The City Forester is assigned the duties to control and prevent Oak Wilt and Dutch Elm Disease. 3. Public nuisances include: any living, standing or dead oak or elm tree with the Oak Wilt fungus, Dutch Elm Disease fungus or elm bark beetles. 4. The Forester shall inspect all incidences of suspected diseases. 5. The Forester may enter private premises to inspect said disease. 6. The Forester shall send collected data to the Minnesota Department of Agriculture. 7. The allowance of said diseased tree by any person is illegal. 8. The Forester shall remove the infected tree and treat it as necessary. 9. The Forester shall remove said diseased trees under specific rules and regulations. 10. Diseased trees cannot be transported in Minnetonka, except on State Highways. 11. Persons cannot interfere with the duties of the Forester stated in the ordinance. 12. Persons unlawful of the ordinance will be charged with a petty misdemeanor. KEY POINTS 1. Contains a clear, detailed set of standards for the protection, preservation and planting of trees. 2. Recognizes that tree removal may be necessary in some construction but strives to preserve as many trees as possible based on the quality of the tree. 3. Has a clear definition of a"significant tree". 4. If significant trees are lost they must be replaced in equal amounts, or one tree for one tree. 5. The tree ordinance pertains to new development and existing homes are exempt from the ordinance. 6. Floodplain district development has certain rules pertaining to trees; no compensatory water storage where there are significant trees and the requirement of a landscaping or revegetation plan. 7. Environmental factors are considered on a case by case basis to increase or decrease development in each zoning district. ORDINANCE PURPOSE City of Blaine City of Brooklyn Center City of Columbia Heights City of Coon Rapids City of Eden Prairie City of Minneapolis City of Minnetonka City of Brooklyn Park City of Mounds View City of New Brighton Preservation Maintenance of Public Trees Preservation Disease and Maintenance of Public Trees Landscape Proposal and Tree Replacement Disease and Maintenance of Public Trees Preservation to be determined to be determined to be determined • /iC Recreation and Natural Resource Department emo November 2, 1999 *� . TO: Bill Burns, City Manager �• FR: Jack Kirk, Director of Recreation and Natural Resources RE: West Moore Lake Sand Dunes The boardwalk at the West Moore Lake Park is once again in need of repair and the Parks Maintenance staff has received some complaints about its condition. When we discussed the need for replacing the boardwalk with the City Council this spring (in the Parks CIP discussion), I believe the Council was in favor of taking the boardwalk out. I thought they were interested in finding out more information on use of this area before approving the replacement of the boardwalk. The recently completed Citizen's survey addressed the use of this park and twenty-two percent reported they or members of their household used the Sand Dunes Park. This number was a surprise to me, as I do not see many people using the facility. However, this is a significant number of people that are stating they use the park. Use of Springbrook Nature Center trails got a thirty-one percent rating. People responding to the citizen survey also felt (by a thirty-eight percent to twenty-five percent margin) that the City should not spend an estimated $60,000 to replace the fence and boardwalk in this area. I am not sure that very many people know the poor condition of the existing boardwalk or considered the City's liability on this issue. I have received several calls from people who use this park regularly and do not want to see the boardwalk trail removed. One of the callers said it didn't matter if there were a few boards missing in the boardwalk and suggested that the hikers could just step over the openings. The callers have stressed to me that many people on a regular basis use this area. In discussion with these individuals, most do not feel the boardwalk needs to be replaced, just repaired. As we discussed before, the City is facing a safety and liability issue with this boardwalk in its current poor condition. As I see it, we have a couple of options: We can take it out and not replace it, which gets rid of a hazard, but will not define where people can walk. Siah tells me it would be extremely damaging to the unique natural environment of this land if park users were not kept on a designated trail. It would also make it very difficult for many people to get around when walking through this park. If we did not want park users walking and biking over the area, we could block all of the entrances and put up trail closed signs, but I don't believe people would stay out of the area for very long. � Bill Burns Sand Dunes Page 2 2. Another option is to remove the current boardwalk and replace it with a new boardwalk system or a paved trail. Previous estimates on a paved trail are approximately $40,000. Although this is a costly alternative, it would provide a safe walking system through the area and be less demanding on the time of our park maintenance staff for constant repair work than a wood boardwalk. 3. I don't believe that repairing the current boardwalk is an option based on the condition reported by our Parks Maintenance staff. It would be very labor intensive and costly to try and replace the existing wood boardwalk with our in-house parks crew. Bill, based on the usage reported in the Citizens survey, do you want to address this issue once more with the City Council to see if they may want to reconsider the replacement idea? Would you like the Parks and Recreation Commission to look at this issue again? Let me know if you would like to proceed with the removal of the boardwalk as the City Council had indicated last spring. Thanks for your help. :jk