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NRC Packet 12132023NATURAL RESOURCES COMMISSION AGENDA MENDOTA HEIGHTS CITY HALL COUNCIL CHAMBERS Wednesday, December 13, 2023 6:00 p.m. 1.Call to Order 2.Roll Call 3.Adopt Agenda 4.Approval of Minutes a.Approval of October 11, 2023 Natural Resources Commission Meeting Minutes b.Approval of November 9, 2023 Natural Resources Commission Work Session Meeting Minutes 5.Citizen Comment Period (for items not on the agenda) 6.New Business a.Proposed Residential and Commercial Shade Tree Program b.Natural Resources Commissioner Resignation 7.Old Business a.Demonstration Hybrid Tree Planting Update b.Urban Forest Management Ordinance Update c.Partners in Energy Program Update d.Committee Reports – Workplan•Ordinance and Policy Development•Education and Outreach•Urban Forestry•Green Steps•Sustainability 8.Staff Announcements 9.Commission Comments 10.Adjourn Alternative formats or auxiliary aids are available to individuals with disabilities upon request. Please contact City Hall at 651-452-1850 or cityhall@mendotaheightsmn.gov. 1 NATURAL RESOURCES COMMISSION AGENDA MENDOTA HEIGHTS CITY HALL COUNCIL CHAMBERS DRAFT Wednesday October 11, 2023 6:00 p.m. The regular meeting of the Mendota Heights Natural Resources Commission was held on Wednesday, October 11, at Mendota Heights City Hall; 1101 Victoria Curve. 1.Call to Order Vice Chair Tupper called the meeting to order at 6:00pm. 2.Roll Call Natural Resources Coordinator Spreiter called the roll. Commissioners present: Tupper, Knosalla, McCaslin, Fahnhorst, and Student Representative Trudeau. Commissioners Absent: Swank, Husbands, and Stein. Staff present: Natural Resources Coordinator Krista Spreiter and Assistant City Administrator Kelly Torkelson. 3.Adopt Agenda Motion to adopt the agenda by Fahnhorst, second by Knosalla. Motion passed 4-0. 4.Approval of Minutes a.Approval of September 13, 2023 Natural Resources Commission Meeting Minutes Motion to approve the minutes by McCaslin, second by Fahnhorst. Motion passed 4-0. 5.Public Comment Period (for items not on the agenda) NA 6.New Business a.2023 Natural Resources Commission Student Representative Natural Resources Coordinator Spreiter shared information on the newly appointed student candidate, Hannah Trudeau. She has been very active regarding natural resources in the community thus far. Student Commissioner Trudeau introduced herself. Vice Chair Tupper and the Commissioners introduced themselves and welcomed Student Commissioner Trudeau to the Commission. b.September 27 Work Session Recap Natural Resources Coordinator Spreiter noted the items that were discussed at the worksession. She noted they suggested replacing the next commission meeting with a worksession on Thursday, November 9. Vice Chair Tupper appreciated the last worksession and found it helpful, and was favorable of the schedule change. 2 4a. Student Commissioner Trudeau asked what the content of the next worksession would be. Vice Chair Tupper responded that they would complete further work on the draft of the Urban Forest Management Ordinance. Commissioner Fahnhorst also supported moving the next meeting to a worksession. Commissioner Knosalla thanked Commissioner Fahnhorst for his work so far on the draft ordinance. She asked if her suggestions and edits on the draft be offered now, or wait for the new draft to comment. Coordinator Spreiter will provide an updated draft prior to the next worksession, and encouraged any proposed edits be brought to staff within the next week. Motion to change the November 9th regular commission meeting to a worksession by Knosalla, second by McCaslin. Motion passed 4-0. 7.Old Business a.Work Plan Discussion Natural Resources Coordinator Spreiter provided a recap of quarter three work plan initiatives in process and completed. She also shared information on the quarter four initiatives. Commissioner Knosalla asked if the pending items will be pushed into 2024 or how that decision is made. Vice Chair Tupper noted that at the December Commission meeting they will be discussing how the commission wants to proceed with pending items into 2024. She added that she’d like to see the Green Steps and Education/Outreach subcommittees accomplish some of their goals in 2024. Commissioner Fahnhorst suggested thinking about additional possible ordinances. Commissioner McCaslin suggested they review the Natural Resources Management Plan prior to the December meeting in which they’ll discuss work plan items. b.Recap of Tree Planting Event Natural Resources Coordinator Spreiter shared a recap of the tree planting event held at Friendly Hills park. Five native shade trees were planted and four volunteers attended. The City will continue to care for the trees going into the winter. c.Partners in Energy Program Update Natural Resources Coordinator Spreiter noted the Sustainability subcommittee created an application for Excel Energy’s Partners in Energy Program. This partnership would help the City reduce energy use, provide climate change adaption, and plan for energy sustainability. The City Council approved the application on October 3rd, and City staff will submit the application tomorrow. 3 Vice Chair Tupper thanked Commissioner Stein for shepherding this effort and presenting the information to the City Council. d.Oak Awards Program Update Natural Resources Coordinator Spreiter provided information on the Oak Awards Program that was developed by the Education and Outreach subcommittee. The awards program draft was presented to the City Council on October 3rd. She shared a few follow up questions to be reviewed and finalized. Vice Chair Tupper noted the timeline has been changed slightly based on feasibility and alignment with marketing around Earth and Arbor Day. Commissioner Knosalla suggested allowing more time, going into January, due to the business of the holiday seasons. Commissioner Fahnhorst also likes allowing more time and moving to January 31st. Coordinator Spreiter shared that staff would still have ample time to make the awards in April. Regarding the selection process, the selection would be made in a subcommittee meeting or a Commission worksession. If discussed at an open worksession, they could use monikers. Assistant City Administrator Torkelson added that minutes would be taken at a worksession meeting, but not at a subcommittee meeting. Commissioner Knosalla suggested using an application process that would hide the applicant’s name and allow for privacy while also removing potential biases. Commissioner McCaslin suggested having the subcommittee make recommendations and share with the Commission. Commissioner Knosalla suggested having the recommendations go through the Commission. Regarding eligibility of contractors, Commissioner Fahnhorst suggested not allowing contractors and paid organizations be eligible. Vice Chair Tupper suggested adding or changing language to clarify the stipulations of eligibility. Commissioner Fahnhorst suggested excluding City Staff and Commissioners from eligibility. Regarding the age limitations for youth applicants, Vice Chair Tupper suggested having no minimum, and a maximum age of 18 for youth applicants. Commissioner Fahnhorst suggested opening it up to any age if still in high school. 4 Regarding multiple repeat award wins, Commissioner Fahnhorst suggested that any individual would be eligible to win the specific award only once. He added that he could see someone progress through the three categories of awards over time, while also allowing for the biggest applicant pool. e.Committee Reports – Workplan •Ordinance and Policy Development Additional ordinances to be developed in 2024 as mentioned earlier. •Education and Outreach Oak Awards program to be revised as mentioned earlier. •Urban Forestry October 5 tree planting event as mentioned earlier. There will be a prescribed burn and demonstration tree planting at Marie Park soon. •Green Steps NA •Sustainability Excel Energy Partner’s in Energy Program application will be submitted as mentioned earlier. 8.Staff Announcements Natural Resources Coordinator Spreiter noted the current street project near City Hall, which will consist of six raingardens. She added Marie park will host a prescribed burn within the next few days, and after that it will be seeded with a native savanna seed mix. She shared a few upcoming recycling events which can be found on the City’s website calendar. Assistant City Administrator Torkelson added that this is her last meeting that she’ll provide support for the Commission, as it’s been successfully launched and under way. She’ll still remain an available contact at City Hall. Coordinator Spreiter thanked Ms. Torkelson for her help and support getting the Commission started. 9.Commission Comments The Commission thanked Ms. Torkelson for her time and dedication. 10.Adjourn Motion to adjourn the meeting by Knosalla, second by Fahnhorst. Motion passed 4-0. Vice-Chair Tupper adjourned the meeting at 6:57pm. 5 CITY OF MENDOTA HEIGHTS NATURAL RESOURCES COMMISSION WORK SESSION Thursday, November 9, 2023  6:00 p.m.City Hall  1101 Victoria Curve, Mendota Heights DRAFT Minutes 1.Call to Order Vice Chair Tupper called the meeting to order at 6:00 p.m. 2.Roll Call In attendance: Vice Chair Tupper, Commissioners Fahnhorst, Knosalla, Stein, McCaslin,Husbands, Student Commissioner Trudeau. Members of the public in attendance: Sue Light, Leslie Pilgrim. Staff in attendance: Natural Resources Coordinator Krista Spreiter. 3.Approval of the Agenda Motion by Commissioner Stein Second by Commissioner Husbands Motion Passed 6-0 4.New Business a.Proposed Ordinance: Urban Forest Management Coordinator Spreiter introduced the discussion by reviewing the ordinance 6 4b. Page 2 of 4 development process and the current status. Commissioners agreed to review the current draft comments for discussion starting at the beginning of the document. Commissioner Husbands suggested that the current purpose statement be revised. Husbands read the Purpose statement from the City of Minnetonka’s tree ordinance and suggested that some of the content be incorporated in this draft. Staff proposed sending suggested changes or additions to the purpose section to staff, and staff would then send out to the Commission over email for review. Commissioner Stein suggested adding an applicability section at the beginning of the ordinance. Coordinator Spreiter then brought the definition of clear cutting to the group as a discussion item continued from the last work session. The Commission discussed how it would fit into the ordinance and how it would apply in the City. Commissioner Husbands read a definition of ‘tree removal’ from the City of Minnetonka’s ordinance. The definition included damaging trees to cause death. The Commission also discussed using a percentage of trees removed as a definition of clear cutting or significant removal. The Commission discussed cases in which lots are clearcut or tree removal is done and the owner is not currently developing, re-developing, grading, or otherwise doing work that would require a permit. What would be considered clearcutting was also discussed. Commissioner Knosalla suggested adding additional language into the applicability or requirements for developing a forest management plan, that would include tree removal on vacant lots. Commissioner Knosalla brought the subject of adding enforcement for clearcutting into the ordinance to the group. She suggested adding a minimum % of tree removal into applicability for permit and management plan requirements, instead of adding clearcutting as a definition. The Commission discussed further protections that could be included for Specimen Trees. The Commission discussed protections that could be added for Heritage Trees. Commissioner McCaslin suggested developing an education program for Heritage Trees. A suggestion was made to change the term ‘Specimen Tree’ to ‘Heritage Trees’. Commissioner Knosalla suggested adding a stipulation for removing any Heritage Tree, in which a permit would be required. 7 Page 3 of 4 Percentage of trees removed was discussed further, in determining when a permit or plan is needed. The Commission came to a consensus that removal of 50% or more of trees on any lot would require a permit and Forest Management Plan. The definition of Critical Root Zone was discussed. Commissioner Husbands read an example of a definition of Critical Root Zone. She offered to send the language to Staff for inclusion. Commissioner Husbands suggested adding a definition of tree removal to included tree damage that would cause death. The definition of Vacant Lot was also discussed. Commissioner Knosalla’s comment of removing the term Wood Lot, as it is not used anywhere else in the ordinance. Commissioner suggested adding a definition for Major Home Addition. Major Home Addition was discussed further in applicability throughout the current draft of the ordinance. Applicability and requirements for a Forest Management Plan and Forest Alteration Permit were discussed. The addition of permits for accessory structures was discussed. The Commission discussed the definition and criteria for Heritage Trees. The Commission decided to lower the diameter minimum to 24 inches to qualify as a Heritage Tree. Height was discussed as a criteria for conifers. A definition and addition of ‘Minor Home Additions’ was suggested. Tree protection requirements were discussed. Requirements for tree replacement were discussed. The requirement for escrows and maintenance were also discussed. Commissioner Knosalla suggested adding a requirement for tree replacement within the first three years after planting should be added. When a permit would be required for Heritage Tree removal. The definition of Hazard Tree’ was discussed, versus trees that pose a safety concern. Striking the sentence that deemed removal of Heritage Trees prohibited was decided. Further discussion of how to protect Heritage Trees ensued. It was decided that a permit would be required, but a Forest Management Plan would not be required for removal of Heritage Trees alone, when not part of a larger project that would require another permit. 8 Page 4 of 4 Motion to adjourn by Commissioner Husbands, Seconded by Commissioner Stein. Motion Passed 6-0. Adjourn at 8:19 p.m. 9 DATE: December 13, 2023 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Proposed Residential and Commercial Shade Tree Program Background The proposal of a residential and/or commercial shade tree program has been requested to be brought to the Commission for discussion, using the City of St. Louis Park shade tree program as an example. Staff has contacted the City of St. Louis Park as well as Tree Trust, to acquire information on cost and details for what the program may entail. Currently the City of St. Louis Park provides trees to its residents and businesses through the following services: •Spring and fall annual self-service tree sales (this is similar to what Mendota Heights currently provides). •Full-service tree sale and planting program: Assistance with transport and planting available to residential property owners at a reduced cost. Additional discounts given to properties located in an Environmental Justice priority area, as well as properties that recently lost an ash tree due to EAB. •Commercial and nonprofit property owner cost share program: Commercial and nonprofit companies may hire any vendor to plant up to three trees on their property and the city shares in the cost (base rate of 30% up to $200/tree). Additional subsidies given to properties located in an Environmental Justice priority area and properties that recently lost an ash tree due to EAB. Tree Trust was contacted and shared the following estimated costs for providing trees, tree planting and care: •#10 container tree, including transportation and planting services = $300/tree •Tree watering = $150/hour Requested Action Information only. The Commission in invited to discuss the potential for a residential and/or commercial shade tree program and provide any feedback. 10 6a. DATE: December 13, 2023 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Natural Resources Commissioner Resignation Background Natural Resources Commissioner Nissa Tupper has resigned from the Natural Resources Commission. Commissioner Tupper has served on the Natural Resources Commission since its inception in 2022. Commissioner Tupper’s term on the commission expires January 31, 2025. City Council accepted Commissioner Tupper’s resignation at the regular City Council meeting on December 6th, 2023, and authorized staff to advertise the open commission seat. Once the City Council appoints a new commissioner to the seat, that commissioner will fulfill the remainder of the term. Staff will post the opening from December 7th through December 22nd with interviews of candidates occurring in early January of 2024 and an anticipated appointment by the City Council at the January 23, 2023 City Council Meeting. Requested Action Information only. 11 6b. DATE: December 13, 2023 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Demonstration Hybrid Tree Planting Update Background As part of Goal 3, Urban Forestry Awareness and Opportunities, the Goal 3 Committee has worked to plan for and create a demonstration hybrid tree planting project in Marie Park. The project entails the restoration of an un-mowed area within Marie Park that had been taken over by invasive species. Quotes for restoration were solicited in August of 2023, and Landbridge Ecological was chosen as a consultant in September. The project site was treated with herbicide, and a prescribed burn was carried out to prepare the site for planting. A custom native grass seed mix was then planted as a dormant seeding in late October. The project will resume in the spring of 2024, with planting of chosen shade trees, both overstory and understory, as well as pollinator shrub and forb plantings. The project also includes providing for public educational opportunities once the planting is complete. Requested Action Information only. 12 7a. DATE: December 13, 2023 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Urban Forest Management Ordinance Update Background As part of Goal 1, Ordinance Policy and Development, the Goal 1 Committee has worked to prepare and develop an Urban Forest Management Ordinance draft (draft attached). This draft has been sent out to the Commission as a whole several times for review and feedback. There has also been two work sessions with the Commission to discuss the draft and provide feedback. Currently the final draft is being developed and awaiting final comments and feedback from the Commission. Once these comments have been received, the final draft will go before both the Planning Commission and City Council in a work session, in order to allow both the Planning Commission and City Council an opportunity to comment before going before the City Council for final approval. The dates and times of both the work session and City Council meeting are yet to be determined. Requested Action Information only. The Commission in invited to discuss the draft development process and provide any final feedback. 13 7b. PRELIMINARY DRAFT – URBAN FOREST MANAGEMENT ORDINANCE TITLE XX TITLE NAME CHAPTER X URBAN FOREST MANAGEMENT SECTION: X-X-1: PURPOSE AND BENEFITS X-X-2: DEFINITIONS X-X-3: STANDARDS X-X-4: FOREST ALTERATION X-X-5: FOREST MANAGEMENT PLAN X-X-6: TREE MITIGATION X-X-7: DISEASED TREES X-X-8: ENFORCEMENT X-X-1: PURPOSE. Trees and woodlands play an integral role throughout the City of Mendota Heights, providing improved air quality, erosion control, energy conservation, wildlife habitat, cooler surface temperatures, increased property values, and aesthetic beauty. It is therefore the intent of the City of Mendota Heights to protect, preserve, and enhance trees and woodlands within the City, and to encourage a resourceful and prudent approach to development and redevelopment within the city, thereby promoting and protecting public health, safety, welfare and assuring a healthy urban forest into the future. X-X-2 APPLICABILITY. This ordinance applies to construction projects that involve development and redevelopment. The ordinance also applies to any property at which 50% or more significant and/or heritage trees are removed from the property. X-X-2: DEFINITIONS. The following words, terms and phrases, as used in this division, shall have the meanings ascribed to them in this section: American National Standards Institute (ANSI) A300 Tree standards means standards set forth by the ANSI in Standard A300 that set forth performance standards for the care and maintenance of trees, shrubs, and other woody plants. ANSI A300 Part 6 standards addresses planting and transplanting of trees, shrubs, and woody plants, as well as post-planting care. These standards do not replace or supersede city ordinances. Applicant means developer, builder, contractor, or owner who applies for a forest alteration, land use, grading, or building permit. Commented [RH1]: Name should be changed to Tree Ordinance or Tree Preservation Ordinance and not Urban Forest Management Ordinance. More precise language Commented [RH2]: Applicability: The provisions of this ordinance apply whenever construction, site work, development, or redevelopment activities occur on a property. (MTKA) Commented [RH3]: Propose adding the following to our Purpose statement: The purpose of this ordinance is to encourage tree preservation by reasonably limiting the removal of trees during construction, site work and land development activities, as well as to mitigate for the loss of trees due to these activities while maintaining the rights of existing homeowners to use their private property. (MTKA) Include: mature trees and groups of trees add to property value and contribute to the identity of the city. Commented [SW(4]: Note: Major home additions are not regulated separately but rather are covered by this 50% rule. This is generally consistent with the direction discussed at the 1st work session but it does bring in some protections for all properties. 14 7b1. Caliper inch means a measurement used for nursery stock and in this chapter refers to replacement trees. It is the unit of measurement for defining the diameter of the tree trunk measured six inches above the soil surface for tree trunks four diameter inches or less and measured 12 inches above the soil surface for tree trunks greater than four diameter inches. Certified arborist means an arborist with up-to-date certification by the International Society of Arborists (ISA). Conifer tree means a woody plant that is a member of the division Pinophyta and at maturity is at least 12 feet or more in height. Conifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is the only native conifer in our climate that drops all of its needles in the fall. Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a tree disease or pests. Critical Root Zone (CRZ) means the minimum area around a tree that must remain undisturbed. The critical root radius is calculated by measuring the tree's diameter at standard height (DSH). For each inch of tree diameter, 1.5 feet of root zone radius must be protected. For example, if a tree's DSH is 10 inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15). Deciduous tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least 15 feet or more in height. Development means a project on land, including vacant land, which the construction of structures, improvements, or land use changes has been approved by the City. Diameter at Standard Height (DSH) is a measurement used for trees in the landscape. It is the diameter of a tree trunk as measured at a height of four and one-half feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one-half feet above ground and divide by 3.14. Forest is a stand of significant trees covering at least a quarter acre of ground, where the leaves and branches of trees (forest canopy) shade 75 percent or more of the ground. Forests can be continuous areas covering many acres or can be isolated quarter-acre patches on individual or multiple lots. Forest management plan is a plan that shows all trees located within the area to be developed or within the property. The plan shall include all significant and specimen trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree removal, mitigation, and replacement section of this division and a proposed reforestation landscape plan. The plan shall be developed by a forestry or horticultural professional. Heritage tree means a tree of any native species or cultivar of a native species that is 24 inches in diameter or greater, except invasive species. Heritage trees are healthy trees that are likely to have a life expectancy of greater than ten years, have a relatively sound and solid trunk with no extensive Commented [KS5]: Caliper inch is the standard measurement used in measuring nursery stock (as well as container size and height). Therefore, this would be the measurement used when requiring replacement trees, but not used when referring to significant and heritage trees. DSH/DBH is not used in nursery stock measurement, rather to measure existing/planted/mature trees. Commented [RH6]: And significant and heritage trees too? Commented [HS7]: That requires a permit from the city. Commented [RH8]: Should we put the definitions of the following in this area: Woodland preservation area Floodplain Forest Lowland Hardwood Forest Maple Basswood Forest Mesic Oak Forest Oak Woodland Brushland Tamarack Swamp Willow Swamp All are defined in the NRMP and in the MTKA Tree ordinance. Commented [SW(9]: I prefer retaining this phrase. Native trees have a higher ecological value and that should be reflected in what we are trying to preserve and in how we replace. Could add reference to Minnesota Department of Natural Resources’ Best Native Yard Trees for our Changing Climate (state.mn.us), if desired to capture trees that are adapting and becoming native to this area. 15 decay or hollow, and have no major insects, pathological problem, or defects and is not deemed a Hazard Tree. Heritage trees are valued for their size and their legacy. Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and has been determined that such failure could cause property damage or personal injury and has been identified as a hazard tree or high risk tree by an ISA Certified Arborist. Invasive species means species that are not native to Minnesota and cause economic or environmental harm or harm to human health. Major home additions means a project… Native tree means a tree native to the local ecosystem(s) found in Mendota Heights and immediate surrounding area, is naturally found in the area, is suited to the local climatological conditions, and is not an introduced, exotic, noxious, or invasive species. Natural Resources Coordinator means a natural resources professional who is employed by the city or appropriate agent or independent contractor designated by the city administrator. Redevelopment means a project in which the construction of structures, improvements, or land use changes has been approved by the City. Lots with existing structures that are split for the construction of additional structures are included in this definition. (Will Stein) Shade tree means a woody perennial that at maturity is at least 15 feet in height and grown primarily for aesthetic or environmental purposes. Significant tree means a healthy tree measuring a minimum of six inches in diameter for deciduous trees, 10 feet in height for conifer trees, and is not considered hazardous. Buckthorn or other noxious, invasive, woody plants or trees as determined by the Natural Resources Coordinator are not considered a significant tree species at any diameter. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the City to be harmful, injurious, or destructive to trees or community forests. Tree Removal means Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Commented [RH11]: Could we say “home addition requiring work on the outside of the house that would disturb tree cover” As opposed to defining Major? Commented [HS10]: In historic preservation, a major home alteration means any exterior alteration that affects 10% or more of the home. Is that a possible path here? Commented [KS12]: Lori Knosalla: Should only apply when trees are being removed Commented [SW(13]: Recommend deleting ‘major home addition’ and cover all properties by the 50% provision. Commented [HS14]: That requires a permit. Commented [RH15]: Definition of removal/removed is the physical removal of a tree or 1. Girdling;, 2. Injury;, 3. Pruning of 30% or more of the crown; 4. Trimming an oak between April 1 and July 15; or 5. compacting, cutting, filling or paving 30% of the critical root zone for all tree species. (MTKA) A healthy protected tree that did not pose a significant or severe risk to personal safety or property damage and that was removed or otherwise destroyed by unnatural causes within three years before a redevelopment or subdivision application will be regarded as if it were present at the time of construction or a development application. In no case may healthy protected trees be removed from properties required to have a tree preservation or landscape plan unless first approved by the city. (MTKA) Commented [SW(16]: I think this is clear without a formal definition. 16 Vacant Lot means a lot or parcel located within the city that is not currently occupied by a resident, business, or organization. X-X-3: STANDARDS. American National Standards Institute (ANSI) A300 shall be followed in the planting, transplanting, and care of trees and other woody species. The Natural Resources Coordinator shall have the authority to develop additional tree standards concerning the management of trees when necessary. These standards shall not contradict this chapter. X-X-4: FOREST ALTERATION PERMIT. A.Forest alteration permit. A forest alteration permit application is required to be submitted to the City’s Natural Resources Coordinator for review prior to removing any significant or heritage trees as part of any of the following: •Development or redevelopment project •A grading permit •Lot-split or other land use alteration •When removing 50% of Significant and/or Heritage trees on any lot, vacant or otherwise occupied. •Removal of any Heritage tree. Failure to obtain an approved Forest Alteration Permit application prior to removing significant or specimen trees will result in a tree replacement requirement that assumes all trees removed were significant trees, and/or escrow fee forfeiture. B.Any significant and heritage trees removed as part of a forest alteration permit shall follow requirements for tree replacement as shown in X-X-6: Tree Mitigation. C.Forest alteration permit appeal process. If the forest alteration permit is denied by the Natural Resources Coordinator, the applicant may appeal the decision. The appeal shall be submitted in writing, along the argument(s) for appeal, and received by the City within 15 days of denial. The City Council will review the appeal at its next available City Council meeting for final decision of the appeal. X-X-5: FOREST MANAGEMENT PLAN REQUIRED. The applicant shall submit a forest management plan containing all requirements listed in X-X- 5, and other necessary information to determine compliance with this chapter, when removing any significant or heritage trees as part of any of the following: •Development or redevelopment project •As part of a grading permit •A major home addition (Will Stein) •Lot-split or other land use alteration •When removing 50% or more of significant and/or heritage trees on any lot, vacant or otherwise occupied Commented [HS17]: This means that a parcel with an empty structure on it would be considered a vacant lot. I don't think that is correct. I would say "not currently occupied by a building, structure, or object." Whether or not the building, structure, or object is occupied is immaterial. Commented [SW(18]: I separated these because the bulleted cases apply to the removal of any significant or heritage trees. Commented [KS19]: I DO NOT FEEL THAT CONSENSUS HAS BEEN REACHED ON THIS. Is it ANY Heritage Tree, or more than one? Are there exemptions? Ex. Proximity to structures, safety concerns, etc. Commented [RH20R19]: Could we have a process described for review if there needs to be a variance to this statement? 17 An application fee, as well as escrow fee, shall be required as established annually be the City Council. The forest management plan should reflect the applicant's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and recreational facilities, and other physical features, so as to remove or damage the fewest significant and/or heritage trees and minimize the negative environmental effects caused by loss of tree canopy. A.Forest Management Plan Requirements 1.The forest management plan shall include the following: a. A forest and significant tree inventory overlaid on site plans that shows size, species, general health, and location of all significant trees located within the property where tree removal is proposed. b. A list of total diameter inches of all healthy significant and heritage trees inventoried. c. A list of the total diameter inches of healthy significant and heritage trees proposed for removal. d. Location of trees preserved and the proposed measures for protection, including delineation of tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and wash-out area for cement trucks. e. Protection measures for replacement trees being planted in areas with high deer population. f. The name(s), telephone number(s), and address(es) of the person(s) responsible for tree preservation during the course of the development project. g. Size, species, number, and location of all replacement trees and woody shrubs proposed to be planted on the property in accordance with E. Significant and Heritage Tree Replacement Calculation and X.X.6 Tree Mitigation. h. The outer boundaries shown of all forest areas of one-quarter acre and larger. i. Indications of the known presence of any tree pests and diseases. j. Locations of standing, dead or diseased significant and heritage trees. k. Locations of proposed building, structures, and impervious surfaces. l. Grading, land disturbance, clearing, and trenching limits. m. A three-year tree maintenance and preservation plan. D.Tree replacement escrow. The applicant shall post a tree replacement escrow with the City in the amount of $1,750.00, or 125% of estimated cost to accomplish compliance with an 18 approved forest management plan, whichever is greater. The escrow will be held by the City until successful completion of final planting inspection, assurance that the trees have survived for at least one growing season, and are covered by at least a one-year warranty for replacement. The escrow may be held for longer to ensure viability of trees. Once the escrow is reimbursed to the applicant, it is still the applicant’s responsibility to maintain the replacement trees for three years after planting during the three-year maintenance period, and replace any trees lost during the three-year maintenance period. E.Exemptions 1.Interior structure improvements that do no expand the current footprint of the structure 2.Tree removal related to public improvement projects, including but not limited to: road reconstruction and improvement, parks, infrastructure work or repair, stormwater treatment projects, and utility work or repair. 3.Emergency work to protect public health. 4.Removal of a hazardous, dead, dying, or diseased trees, unless those trees were planted as part of a forestry management or other tree replacement plan, in which case they shall be replaced based on the requirements of the approved plan. 5.Alteration of the forest canopy to improve tree health/diversity is recommended as part of a forest management plan approved by the City’s Natural Resources Coordinator. 6.Tree removal as part of an approved native vegetative community restoration plan to restore or enhance native woodlands, savannas, prairies, or wetland areas. 7.Removal of non-native trees that the City deems are invasive or noxious. 8.Commercial tree nursery and landscape operations. 9.In cases where a tree is causing a safety concern. B.Safeguarding Preserved Trees All development and redevelopment projects in the city shall be designed with the preservation of the urban forest, natural woodlands, and significant trees in mind. The following criteria will be considered to ensure survival of trees scheduled to be preserved: a.Size of lot or project to be developed. b.Tree size. c.Species, role, and health of trees. d.Tree life span. e.Sensitivity to disease. f.Nuisance characteristics. g.Sensitivity to grading and grade change. h.Transplanting potential. i.Effects on the functioning of a development. Prior to issuance of a grading or building permit the Natural Resources Coordinator may require one or all the following measures be used to safeguard preserved trees: Commented [RH21]: Plan will require conservation easement or other legal means to ensure that woodland preservation area or groups of high priority trees or significant trees are not intentionally destroyed after the development has been approved.(MTKA) (this would prevent reselling of the land and allowing for clearing by the new owner and so on- until the property is potentially cleared entirely) Plan should provide for protection of trees neighboring the worksite so that any activity, as defined by “remove/removal” in the definition portion of this ordinance Commented [HS22]: I think that we are asking too much if we do not exempt improvements that are wholly in the interior of a home and therefore do not impact trees. Commented [HS23]: Why are we taking this out? Commented [KS24]: Do we want to include this? Commented [RH25R24]: No - too vague. Commented [HS26R24]: If there is a safety concern with a tree, I think that should go through the NR Coordinator. There should be a way to fast track addressing trees that are a hazard. 19 1)Tree protective areas shall be designated at a minimum of the CRZ of trees or drip line, whichever is greater, whenever possible. Saving forests and groups of trees is encouraged over protecting individual trees scattered across the site. 2)Layout of the project site utility and grading plans shall accommodate the forest and tree preservation areas. Utilities are recommended to be placed along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. 3)Custom grading, retaining walls, or tree wells to maintain existing grade for preserved trees should be utilized. 4)Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing, woven polyethylene fabric (silt fencing), or similar high visibility fencing. Fencing shall be self-supportive. Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. 5)Use of passive forms of tree protection may be allowed, such as continuous heavy-duty rope or flagging (heavy plastic four inches or wider) or other easily recognized barriers to vehicles and people. 6)Active tree protection areas with “Tree Save Area” signs posted and readable from at least ten feet away. 7)Additional protection, signage, and buffer distances around Heritage trees in order to protect their value and legacy. 8)Minimize tree wounding by felling or removing trees in a direction away from preserved trees. 9)Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree preservation areas. 10)Measures such as deep mulching may be required if root pruning or root compaction will occur. 11)Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and removal of infected trees. If pruning oaks is required between April 1 and October 31, fresh wounds shall be covered with nontoxic tree wound sealant or latex paint. All developments and redevelopment projects in the City shall be designed to preserve forests and significant trees, where such preservation would not adversely affect the public health, safety, or welfare of Mendota Heights citizens. The city may prohibit removal of all or a part of a forest or of heritage or significant trees. Commented [RH27]: Consider striking this statement. What if individual trees are high value trees? Confusing. Commented [RH28]: Strike “recommended” Commented [HS29R28]: Can the city mandate this in a way that is feasible? Commented [RH30]: Delete should Commented [RH31]: Before construction or site work – including any tree removal – tree protection fencing or other approved protection measures must be installed for city staff inspection. The location of the fencing/protection measures must be in conformance with the approved tree preservation plan and must be maintained throughout the course of construction or site work. (MTKA) No construction, compaction, construction access, stockpiling of earth, storage of equipment or building materials, or grading of any kind may occur within the critical root zone areas of trees to be protected. (MTKA) Commented [RH32]: Delete number 10 - we don’t want to allow this Commented [RH33]: Require the clustering of buildings or the relocation of roads, drives, buildings, utilitities, or storm water facilities when relocation would preserve protected trees. (MTKA) 20 If any significant tree designated as preserved in the approved forest management plan is cut, damaged, or encroached upon during the construction process without city authorization and if it is determined by the Natural Resources Coordinator that the damaged tree will not survive, the said damaged tree shall be removed by the applicant at their expense and replacement trees installed at a rate of two times the tree replacement calculations as described below. C. Significant and Heritage Tree Replacement Calculation 1.If less than 20 percent of the total significant and/or heritage tree DSH inches on the property is removed, the applicant shall replace one tree per significant or heritage tree removed. Replacement trees shall be a minimum of one caliper inch in size. 2.If 20 percent or more of the total significant or heritage tree DSH inches is removed, the applicant shall mitigate all significant and heritage tree DSH inches using the following formula: A= Total DSH inches of significant trees removed due to land alteration B= Total DSH inches of significant trees located on the property C= Tree replacement constant (1.5) D= Total DSH inches of specimen trees saved (for each one DSH inch of significant or heritage tree saved=1/2 DSH inches) E= Replacement trees (#of caliper inches) [((A/B - .2) x C) x A] - [D/2] = E X-X-6: TREE MITIGATION The applicant shall mitigate loss of significant and heritage trees by planting replacement trees in appropriate areas on the property in accordance with section D. Significant and Heritage Tree Replacement Calculation and as indicated in the applicant’s approved forest management plan, if required. Trees shall not be planted within 15 feet of property lines without written permission of the affected adjacent property, nor shall trees be planted at lot corners in a way that obstructs a driver’s line of sight. If the replacement requirement is not feasible, the city’s Natural Resources Coordinator can approve additional tree replacement steps, including a fee assessment to be used toward the City’s tree planting fund. The City may require post- construction tree care. In order to preserve diversity and provide protection from tree disease and pests; where ten or more replacement trees are required, not more than 20 percent shall be of the same family, not more than 10 percent of the same genus, and not more than 5 percent of the same species, unless approved by the City’s Natural Resource Coordinator. Tree species of the genus Acer shall be limited to 10 percent of total replacement trees planted, due to its over-abundance in the City’s forest canopy. A minimum of 50 percent of replacement trees must be species native to Commented [RH34]: Change to CRZ Commented [RH35]: CRZ Commented [RH36]: CRZ 21 Minnesota or recommended by the Department of Natural Resources or University of Minnesota Extension. Planting of trees recommended from the Minnesota Department of Natural Resources’ Best Native Yard Trees for our Changing Climate (state.mn.us), Northern Institute of Applied Climate Science, or the Climate Change Response Framework is encouraged. All replacement trees shall be healthy and free from insect or disease infestations. Replacement trees shall be no less than a one-caliper inch deciduous or six-foot height conifer tree unless approved by the City’s Natural Resources Coordinator. No more than three consecutive trees of the same species may be planted in a continuous row, including around corners and in groupings. It is the applicant’s responsibility to maintain the replacement and preserved trees for at least three years. The applicant is responsible for replacing any tree that dies during this three-year period. The City may require additional post-construction tree care mitigation for preserved and replacement trees. The following woody plant species are considered invasive, and are prohibited from city plantings and on development and redevelopment projects: ●Amur maple (Acer ginnala) ●Norway maple (Acer platanoides) ●Tree of heaven (Ailanthus altissima) ●Japanese barberry (Berberis thunbergii) ●Siberian pea shrub (Caragana arborescens) ●Oriental bittersweet (Celastrus orbiculatus) ●Russian olive (Elaeagnus angustifolia) ●Autumn olive (Elaeagnus umbellata) ●Winged burning bush (Euonymus alatus) ●Glossy buckthorn (Frangula alnus) ●Non-native bush honeysuckles (Lonicera tatarica, L. morrowii, L. x bella, and L. maackii) ●White mulberry (Morus alba) ●Amur cork tree (Phellodendron amurense) ●White poplar (Populus alba) ●Common buckthorn (Rhamnus cathartica) ●Black locust (Robinia pseudoacacia) ●Multiflora rose (Rosa multiflora) ●Siberian elm (Ulmus pumila) ●Japanese Tree Lilac (Syringa reticulata) Trees that are overly susceptible to diseases that cause tree death, such as Dutch Elm Disease or Emerald Ash Borer, should not be planted unless they are a resistant variety or cultivar. Commented [RH37]: Lets say 100% and ask for climate resiliant trees, not trees that are native to MN. The two categories are not necessarily the same. Commented [RH38]: This list is not exhaustive. New invasive species are discovered regularly and may be added to this list based on information from ???? (noted source) 22 Replacement trees should be of a similar species to the tree it is replacing and appropriate for the planting location; including soil, moisture, and sunlight conditions . Replacement trees shall consist of certified nursery stock as defined by current Minnesota Statutes and shall be hardy for USDA plant hardiness zones 4 or 5. Trees shall be planted in accordance with the American National Standard for Tree Care Operations – ANSI A300, Part 6. X-X-7: DISEASED TREES The health of trees in the City is threatened by tree pests, which can result in hazardous trees that cause property damage or personal injury. The loss of trees, or presence of diseased and hazardous trees on public and private property depreciates the value of property within the City and impairs the safety and general welfare of the public. In accordance with MN State Statutes 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of tree pests. The Natural Resources Coordinator may declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage or death to trees in the community to be a tree pest and prescribe control measures to effectively eradicate, control, or manage the tree pest as defined by MN Stats. 89.001. The Natural Resources Coordinator may notify in writing the owner of record or occupant of the premise that a diseased or hazard tree exists. The notice may specify required abatement measures to be taken to abate the nuisance in accordance with City Code 4-1-5. When removing and managing diseased trees, property owners shall follow any diseased tree management plans that are put forth by the City, Dakota County, or the State of Minnesota and comply with all quarantine requirements and restrictions. If a diseased, nuisance, dead, dying, or hazard tree exists within publicly-owned property or rights-of-way, including boulevard trees, the City may remove, at any time, diseased, nuisance or hazard trees without the permission of, or notice to, adjacent property owners. X-X-8: ENFORCEMENT The City shall be responsible for the enforcement of this chapter and determine any violations. All land use, building, and grading permits shall be suspended until the applicant has corrected a violation. The city reserves the right to inspect the site or property at any reasonable time for compliance with the forest management plan and forest alteration permit. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. Conditions that are not corrected within the required timeframe may result in forfeiture of escrow. Commented [SW(39]: Species for replacement trees is covered better on the previous page and this partly contradicts that. Commented [RH40]: Ordinance 23 DATE: December 13, 2023 TO: Natural Resources Commission FROM: Krista Spreiter, Natural Resources Coordinator SUBJECT: Partners in Energy Program Update Background As part of Goal 5, Sustainability, the Sustainability Committee has worked to prepare and submit an application to Xcel Energy’s Partners in Energy program. The Partners in Energy Program partners with communities to help reduce energy use, provide climate change adaption, and increase and plan for energy sustainability. This program is able to tailor its services to each community’s goals and needs to create a plan that allows communities to make wise energy decisions. As part of this plan, the City hopes to coordinate and partner with citizens, businesses, schools, and other community groups, to promote renewables, encourage and implement energy conservation and sustainability, and work toward greenhouse gas reduction goals throughout the City, including at city-owned facilities. The Commission officially recommended the program to City Council, and the recommendation was approved, at the October 3rd, 2023 City Council meeting. The City has now been accepted into the program and has begun the initial planning process. A kickoff meeting will be held with Partners in Energy Staff, City Staff, and members of the Sustainability Committee on December 15th at 1p. The purpose of the kickoff meeting will be to explain the goals of the program, decide on a process to get community input, and identify possible members of the larger Energy Action Team. Requested Action Information only. 24 7c.