2024-05-21 City Council Workshop PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL WORK SESSION AGENDA
May 21, 2024 5:00PM
Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights
1.CALL TO ORDER
2.DISCUSSION
a.Organics Recycling/Curbside Organics
b.Short Term Rental Ordinance
c.Urban Forest Preservation Ordinance
d.Police Department Fleet Proposal
3.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
_________________________________________________ City Council Work Session Memo
DATE: May 21, 2024
TO: Mayor, City Council and City Administrator
FROM: Courtney Selstad, Recycling Coordinator
Meredith Lawrence, Parks and Recreation Director/ Assistant Public Works Director
SUBJECT: Organics Recycling Update
ACTION REQUEST:
Staff will provide an update on organics recycling activities in Mendota Heights. The city council is asked to discuss curbside organics collection within the city and what will be
required to successfully launch the service.
BACKGROUND:
Since the last City Council Work Session discussion around curbside organics collection in July 2023, the MPCA released their Metropolitan County Solid Waste Management
Policy Plan which includes curbside organics collection as a requirement of cities with a population of more than 5,000 by 2030. The release of that plan started the timeline for
metro counties to develop their solid waste management plans by the end of October. Dakota County is currently drafting their plan which will be released for public comment
this summer.
Also, important to the organics collection discussion, late last summer the MPCA clarified
that the state statute which prohibits haulers from charging residents who recycle more than those who do not recycle, also applies to organics recycling (Minnesota Statute
115A.93). This confirms an “everyone pays” model that was not consistently applied in communities with existing curbside organics services.
Dakota County has hired a consultant to study the various organics collection methods and produce a report with recommendations based on things like timing, cost, potential
diversion rates, and GHG emissions. This study is being finalized and the report should be released in June. The consultant will host a virtual informational meeting to present their
results and answer questions.
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_________________________________________________ City Council Work Session Memo
DATE: May 21, 2024
TO: Mayor, City Council and City Administrator
FROM: Sarah Madden, Community Development Manager
SUBJECT: Short Term Rental Ordinance Draft
ACTION REQUEST:
Staff will provide an overview of the proposed Short Term Rental Ordinance. The City Council is asked to discuss the draft ordinance and provide initial review and comments.
BACKGROUND:
The City Council passed a year-long moratorium on short-term rentals in September 2023
in order to provide time for the City to study and develop appropriate ordinance regulations for the use. This work is ongoing, and staff presented research and
information relating to short-term rental ordinance standards and potential policy objectives to the City Council at their March 19, 2024, City Council Work Session.
At that Work Session, the City Council provided direction to staff to move forward with
an ordinance amendment within Title 3, Business and License Regulations, Chapter 5: Rental Housing which would authorize a short-term rental license requirement and
associated application process. For specific ordinance provisions, the City Council agreed with consensus that the proposed ordinance should include standards such as:
•The definition of a short-term rental would be 30 days or less
•The number of occupants limited to two occupants per legal bedroom (withmeans of egress needed)
•The home be homesteaded
•Rented with a five-night minimum stay
•Parking be provided on-site for four operable vehicles on a paved surface
•Owners follow the existing property maintenance code
The draft Short-Term Rental Ordinance is included as an attachment to this report. Staff
has incorporated City Council feedback, and also included additional performance standards for the City Council to review as part of their discussion. Performance standards
Page 3 of 22 2b
which were not discussed with the City Council at the March 19 meeting, but have been
included in this draft, are underlined in the attached ordinance document.
ATTACHMENTS:
Draft Ordinance: Rental Housing Chapter 5A: Short Term Rentals
Page 4 of 22
SECTION:
3-5A-1: Purpose And Scope
3-5A-2: Definitions
3-5A-3: General Licensing Provisions
3-5A-4: Conditions Of License
3-5A-5: Enforcement
3-5A-6: Exemptions
3-5A-1: PURPOSE AND SCOPE:
It is the purpose of this chapter to assure that short-term rental of dwelling units in the
City's R-1 one-family residential zoning district is conducted, operated, and maintained
so as not to become a nuisance to the surrounding neighborhood or an influence that
fosters blight and deterioration or creates a disincentive to reinvest in the community.
The City recognizes that short-term rentals provide an opportunity for residents to use
their property to generate supplemental income; and, when properly managed, short-
term rentals have a minimal impact on surrounding properties. When not properly
managed, short-term rentals have the capacity to generate noise, traffic, and trash
beyond what is typically present in a residential neighborhood creating a nuisance.
These issues can be especially acute when the owner of the property does not reside in
the home. In order to promote the health, safety, general welfare, aesthetics, and image
of the community, the City facilitates and regulates the use of residential properties for
short-term rentals by requiring the licensure of short-term rentals.
3-5A-2: DEFINITIONS:
For the purpose of this chapter, the following terms shall be defined as set forth below:
BEDROOM: A habitable room within a single-family dwelling which is used, or intended
to be used, primarily for the purpose of sleeping, but shall not include any kitchen or
dining room. The room shall have a method of egress in addition to the primary entry
door to the room.
DWELLING: A building or one or more portions thereof occupied or intended to be
occupied for residential purposes; but not including rooms in motels, hotels, nursing
homes, boarding houses, tents and recreational vehicles, or attached multiple- family
dwellings.
DWELLING UNIT: A residential accommodation located within a dwelling that includes
permanently installed cooking, sleeping, and sanitation facilities, designed or intended
for use as living quarters for a single family. Dwelling units subject to this chapter are
defined as being detached dwelling units in the R-1 one-family zoning district.
OCCUPANT: A person who lives or sleeps in a dwelling unit.
OWNER: Any person, operator, firm or corporation having a legal or equitable interest
who is the recorded or unrecorded owner, or otherwise has control, of the dwelling unit. DraftPage 5 of 22
PRIMARY RESIDENCE: A dwelling unit where the property owner: lives in the property
for more than six months a year; is a resident of the state of Minnesota and fiels state
income taxes in Minnesota; qualifies for Homestead tax classification as defined by MN
Statutes 273.124 and as determined by the Dakota County Assessor; and uses the
property address for their driver’s license, voting registration, and federal and state tax
returns.
RENT: To permit occupancy of a dwelling unit by a person other than the legal owner
thereof, pursuant to a written or unwritten agreement, whether or not a fee is required
by the agreement.
SHORT TERM HOME RENTAL: The furnishing for consideration of lodging to tourist or
transient guests in a dwelling or dwelling unit, where the renting or letting for occupancy
is for a temporary period of time that is thirty (30) consecutive calendar days or less.
TRANSIENT: any person who, at their own expense or at the expense of another,
exercises occupancy or possession, or is entitled to occupancy or possession, by
reason of any rental agreement, concession, permit, right of access, option to purchase,
license, time-sharing arrangement, or any other type of agreement for a period of thirty
(30) consecutive calendar days or less.
3-5A-3: GENERAL LICENSING PROVISIONS:
A.License Required:
1.No property shall be used as a short-term rental without a license issued by the
City. The license once issued shall be valid for a period of one year from the date
of issuance and must be renewed annually. This requirement applies to short
term home rentals unless exempted pursuant to Section 3-5A-6.
B.License Application:
1.Application for a license shall be made to the City upon a form furnished by
the City. A person who has been issued a rental license shall give notice, in
writing, to the city administrator, within five (5) business days of any change in
the information contained on the license application.
C.License Fees:
1.Licensing fees shall be prescribed as set forth in the City’s fee schedule, and
maintained on file in the office of the city administrator. The required fees
shall be submitted along with the application for a new or renewal license.
Applications for a renewal license submitted after the license term expiration
are subject to a penalty fee.
D.License Terms:
1.All short term rental licenses shall be valid for a period of one calendar year,
except as otherwise provided herein or in cases of suspension or revocation.
2.In order to be issued a license the applicant must submit the following
application materials:
i.Name and address of the short term rental property and the property
owner.
ii.Name, address, and phone number of a local agent authorized to be
the emergency contact for the property and accessible at all times, andDraftPage 6 of 22
to make or order repairs or services for the property if in violation of
City or State Codes, if the person is different than the owner.
iii.Number of bedrooms.
iv.Maximum number of occupants.
v.Signed agreement that the City has permission to access exterior
areas of the property when responding to a reported violation of the
standards in this section in order to ascertain if a violation has
occurred.
vi.Verification that there are not any unresolved Code Enforcement or
Property Maintenance cases.
vii.Affidavit of Residency to verify primary residence: Applicants for short
term rental licenses are required to sign an affidavit of residency
attesting that the home is their primary residence and acknowledging
that subsequent discovery of non-residency shall be ground for
revocation of the license.
viii.Listing services where the short term rental is advertised.
ix.Such other and further information as the City Council may require if
applicable.
E.License Issuance:
1.The city shall issue a short term rental license if real estate taxes and
municipal utility bills for the dwelling unit have been paid, and city has no
record of unresolved complaints regarding the property subject to the rental
license. The short term rental license must be in compliance with all
standards of this Chapter.
F.Renewal Of License:
1.A licensee may continue to rent a dwelling unit after the expiration date of the
rental license provided that the owner has filed with the city administrator, on
or before the expiration date, the appropriate renewal license application and
license fee, and provided that the city has no record of unresolved complaints
regarding the property subject to the rental license.
G.Transfer Of License:
1.A short term rental license shall not be transferable to another person or to
another dwelling unit. Each license shall automatically terminate upon the
sale or other conveyance of the property to an unlicensed person or entity.
3-5A-4: CONDITIONS OF LICENSE:
All short-term rental unit owners and operators must comply with the following:
A.Performance Standards:
1.The maximum occupancy shall be two adults per bedroom. Accompanying
children shall not count towards the occupancy limit.
2.The minimum night stay shall be five (5) days.
3.Rentals may not be made more often than once every ten (10) days
between May 1st and October 1st.
4.The maximum number of vehicles that may be parked overnight on the
property shall be consistent with the Property Maintenance Code. Vehicles
in garages shall not be counted towards total number of vehicles.DraftPage 7 of 22
5.The owner of a short-term rental dwelling unit must provide sufficient waste
collection containers and service for the short term rental dwelling unit in
order to meet the demand of the unit’s occupants. The owner shall be solely
responsible for ensuring that waste is properly collected, stored, and made
available for regular collection. Waste may not be stored outside of
approved containers. All waste containers must be stored, screened, and
collected in accordance with Section 12-5-8 of this Code.
6.Listings advertising the property’s availability for rent must state the license
number, maximum occupancy permitted by the license, and the maximum
number of vehicles that may be parked overnight on the property.
7.Ensure that all short-term rental dwelling units have working smoke
detectors and carbon monoxide alarm(s) in every bedroom and on all
habitable floors. Additionally, each unit shall have at least one properly
maintained and charged fire extinguisher located in an easily-accessible
location which is clearly marked and which is made known to the temporary
occupants.
8.Provide and post the following information in a conspicuous place within
each short-term rental dwelling unit:
i.Emergency contact information for the short term rental dwelling unit
owner;
ii.Emergency contact information for the short term rental dwelling
operator, of applicable;
iii.The street address of the short term rental dwelling unit;
iv.A Floor Plan of the short term rental dwelling unit indicating exits,
escape routes, and the location of all fire extinguishers;
v.The maximum occupancy limits of the short term rental dwelling unit;
and
vi.A parking map showing all allowable parking locations serving the
property
9.A guest registry of the short term rental dwelling unit must be kept by the
owner that includes the following information: a record of the dates the unit
was rented, the number of guests during the rental periods, and the amount
of rent paid by the guests in connection with the rental of the short term
rental dwelling unit. This record shall be kept by the owner for at a minimum
of five years.
10. No short term rental dwelling unit may be rented to any person who is under
the age of 18. The person who rents the unit must provide a telephone
number to the owner or operator and must be accessible to the owner or
operator by telephone during the short term rental period.
11. If the short term rental dwelling unit includes a swimming pool, spa, or hot
tub, the owner or operator must post a sign near the pool, spa, or hot tub
indicating that it is not licensed or inspected by the State or the county.
12. The short term rental dwelling unit must have a visible house number that
can be easily seen from a public street during the day and at night.
13. Comply with all applicable city, state, and federal laws, ordinances, and
regulations.DraftPage 8 of 22
14. Remit all applicable local, state, and federal taxes, including, but not limited
to applicable lodging tax.
15. The city must be provided with accurate and up to date information
regarding the name and contact information for the short term rental
dwelling unit owner and operator, if applicable. If the owner or operator’s
contact information changes, updates must be filed with the city within 30
days of the date of the change.
B.Conduct On Licensed Premises:
1.Disorderly Conduct: It is the responsibility of the owner to ensure that persons
occupying the licensed premises conduct themselves in such a manner so as not to
cause the premises to be disorderly or constitute a nuisance. The owner or operator of
the short-term rental dwelling unit is responsible to ensure that the property remains in
compliance with the City’s nuisance regulations.
3-5A-5: ENFORCEMENT:
The application for a short-term rental license will be reviewed by the city administrator
or their designee. The city administrator may conduct inspections of the rental dwelling
units to determine the compliance with the applicable provisions of this code.
A.Violations:
1.It shall be unlawful for a person, firm or corporation to be in conflict with or in
violation of any of the provisions of this Section or other provisions of this
Code.
2.The code official shall serve a notice of violation on the licensee. If the notice
of violation is not complied with, the code official shall institute the appropriate
proceeding at low or in equality to restrain, correct or abate such violation, or
to require the termination of the unlawful occupancy of the structure in violation
of the provisions of this chapter or of the order or direction made pursuant
thereto.
3.A Short-Term Rental license may be revoked or suspended for violations of
this section.
4.The imposition of the penalties herein prescribed shall not preclude the city
attorney from instituting appropriate action to restrain, correct or abate a
violation, or to prevent illegal occupancy of a building in violation of this
section, structure or premises, or to stop an illegal act, conduct, business or
utilization of the building, structure or premises.
5.The property owner of record shall be responsible for any city costs in
enforcing the provisions of this chapter including inspection fees, or other
6.fees, charges or penalties that are imposed as permitted by law.
B.License Suspension Or Revocation, Or Refusal To Renew:
1.In the event of any potential health or safety violations, the code official may
suspend the license until the violation is corrected.
2.If a property with a short-term rental receives three notices of violation within a
365-day period, its short-term rental license shall be revoked. The license may
be revoked after a single violation if the violation is not immediately correct
pursuant to a notice of violation.DraftPage 9 of 22
3.No person who has had a permit revoked under this Section shall be issued a
short term rental license for one year from the date of revocation.
C.Appeal: The licensee may appeal the occupancy limit, parking limit, denial,
suspension, or revocation to the City Council. The licensee must file with the city
clerk a notice of appeal within ten days of an issuance, denial, suspension, or
revocation. The Council shall consider the appeal at a regularly scheduled council
meeting on or after 15 days from service of the notice of appeal upon the City
Clerk by the licensee. Hearing on the appeal shall be open to the public and the
licensee shall have the right to appear and be represented by legal counsel and to
offer evidence in behalf of licensure. At the conclusion of the hearing, or as soon
thereafter as practicable, the Council may order:
1.The denial, suspension, or revocation of the license.
2.The denial, suspension, or revocation by the code official be lifted and the
license be returned to the licensee.
3.Additional terms, conditions and stipulations to be imposed on the licensee
to mitigate problems.
3-5A-6: EXEMPTIONS:
A.This Chapter does not apply to:
1.Hotels, motels, bed and breakfasts, nursing homes, or state licensed
residential care facilities.
2.Individual sleeping rooms within an otherwise owner-occupied residence,
or rentals where the owner is present for the duration of the rental.DraftPage 10 of 22
_________________________________________________ City Council Work Session Memo
DATE: May 21, 2024
TO: Mayor, City Council and City Administrator
FROM: Krista Spreiter, Natural Resources Coordinator
SUBJECT: Urban Forest Preservation Ordinance Draft
ACTION REQUEST:
Staff will provide an overview of the proposed Urban Forest Preservation Ordinance. The city council is asked to discuss the proposed ordinance and provide initial review and
comments.
BACKGROUND:
The Policy and Ordinance Review and Development Committee of the Natural Resources Commission developed a draft of the proposed Urban Forest Preservation Ordinance as
part of its 2023 workplan. The Commission has established committees to work on each of the Natural Resources Commission’s five goals of its 2023 and 2024 Workplans.
Goal one has been identified as Natural Resources Policy and Ordinance Review and
Development in both plans. The Goal One Committee worked with the Natural Resources Commission to further develop the proposed ordinance, incorporating feedback from the
rest of the Commission throughout 2023 and 2024 to finalize the current draft.
Highlights of the proposed ordinance include:
•The goal of the ordinance is to protect, preserve, and enhance our urban forestcanopy throughout the City.
•The ordinance would apply to construction projects that involve development andredevelopment that require a permit from the City and that will affect trees or
forested areas. The ordinance also applies to any proposed Heritage Tree removal,or to properties in which 33% or more of Significant and/or Heritage Tees are
removed or proposed to be removed.
Page 11 of 22 2c
•A Forest Alteration Permit would be required when removing any Significant or
Heritage Trees in the following cases:
o Removal of any Heritage Tree is proposed.
o 33% or more of any significant and/or Heritage Trees are proposed forremoval on any lot.
o A development or redevelopment project requires a permit from the City.
o A grading permit application is submitted.
o A lot-split or other land use alteration is proposed.
•A Forest Management Plan would be required when removing any Significant or
Heritage Trees in the following cases:
o 33% or more of any significant and/or Heritage Trees are proposed for
removal on any lot.
o A development or redevelopment project requires a permit from the City.
o A grading permit application is submitted.
o A lot-split or other land use alteration is proposed.
The proposed ordinance has also been reviewed by the City Attorney. The proposed
Urban Forest Preservation Ordinance will also be reviewed by the Planning Commission at their regular meeting on May 28.
ATTACHMENTS:
Draft Urban Forest Preservation Ordinance
Page 12 of 22
DRAFT – URBAN FOREST PRESERVATION ORDINANCE
TITLE XX
TITLE NAME
CHAPTER X
URBAN FOREST MANAGEMENT
SECTION:
X-X-1: PURPOSE
X-X-2: APPLICABILITY
X-X-3: DEFINITIONS
X-X-4: STANDARDS
X-X-5: FOREST ALTERATION PERMIT
X-X-6: FOREST MANAGEMENT PLAN REQUIRED
X-X-7: TREE LOSS MITIGATION
X-X-8: DISEASED TREES
X-X-9: 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, 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, 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 that
requires a permit from the City and will affect trees or forested areas. The ordinance also applies to any
proposed Heritage Tree removal, or property at which 33% or more significant and/or heritage trees are
removed from the property.
X-X-3: 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 (“ANSI A300”) means standards set
forth by the ANSI in Standard A300 that establish the performance standards for the care and
maintenance of trees, shrubs, and other woody plants. The ANSI A300 is available from the City’s
Natural Resources Coordinator.
Page 13 of 22
Applicant means developer, builder, contractor, or owner who applies for a forest alteration, land use,
grading, or building permit.
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 k eep 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 tr ee 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 or requires a permit by the City.
Diameter at Standard Height (DS H) 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. Diameter is
determined by measuring the circumference of the tree trunk at four and o ne-half feet above ground
and dividing 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 shal l be developed by a forestry or
horticultural professional.
Forest Pest or Shade Tree Pest has the same meaning as set forth in Minnesota Statutes § 89.001, as
may be amended from time to time.
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 A rborist.
Page 14 of 22
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
decay, and have no major insects, pathological problem, or defects and is not deemed a Hazard Tree .
Heritage trees are valued for their size and th eir legacy.
Invasive species means species that are not native to Minnesota and cause economic or
environmental harm or harm to human health.
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 or requires a permit by the City. Lots with existing structures that are split
for the construction of additional structures are included in this definition.
Shade tree means a woody perennial that at maturity is at least 15 feet in height and grown primarily
for aesthetic o r 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 cutting, pruning, girdling, or otherwise causing tree death by human activities.
Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or
similar service operations.
Vacant Lot means a lot or parcel located within the City that is not currently occupied by a resident,
business, or organization .
X-X-4: STANDARDS.
American National Standards Institute (ANSI) A300 shall be followed in the planting, transplanting,
and care of trees and other woody species . Where the ANSI A300 does not establish a standard, or
where circumstances warrant, the City’s Natural Resources Coordinator shall have the authority to
Page 15 of 22
require compliance with additional tree standards concerning the management of trees and other
woody species. When developing a Forest Management Plan in compliance with the ANSI A300
standards and/or any standards required by the City’s Natural Resources Coordinator , the Forest
Management Plan shall take the following standards into consideration :
A.Saving forests and groups of trees is encouraged over protecting individual trees scattered
across the site; and
B.Placement of utilities is encouraged to be along corridors between tree preservation areas, and
use of common trenches or tunnel installation, if possible.
X-X-5: FOREST ALTERATION PERMIT.
A.Forest alteration permit. A forest alteration permit application is required to be submitted to
the City’s Natural Resources Coordinator and must be approved prior to removing any
significant or heritage trees as part of any of the following :
1.Removal of any Heritage Tree
2.When removing 33% of Significant and/or Heritage trees on any lot, vacant or
otherwise occupied.
3.A development or redevelopment project that requires a permit from the City
4.A grading permit
5.Lot-split or other land use alteration
Failure to obtain a Forest Alteration Permit 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 with the argument(s) for appeal, and received by the City within 15 days of
denial. The City Council will conduct a hearing of the appeal at a regular City Council meeting
within 15 days of the date the appeal is submitted. The City Council shall issue a final decision
within 60 days of the appeal.
X-X-6: FOREST MANAGEMENT PLAN REQUIRED.
The applicant shall submit a Forest Management Plan containing all requirements listed in this
Section X-X-6, and other necessary information to determine compliance with this chapter ,
when removing any significant or heritage trees as part of any of the following:
1.When removing 33% or more of significant and/or heritage trees on any lot, vacant or
otherwise occupied
2.A development or redevelopment project that requires a permit from the City
3.As part of a grading permit
4.Lot-split or other land use alteration
Page 16 of 22
An application fee, as well as escrow fee, shall be required as established annually by 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 and species of all healthy significant and heritage trees
inventoried.
c. A list of the total diameter inches and species of all 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 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.
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B.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
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.
C.Exemptions. The following exemptions shall apply to the requirements for Alteration
Permits, Forest Management Plans, and Tree Replacement Escrow requirements set forth in
this Chapter:
1.Interior structure improvements that do not expand the current footprint of the
structure and do not affect surrounding trees or forested areas.
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 that is recommended as
part of a Forest Management Plan
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 deemed a hazard tree as determined by a Certified Arborist.
D.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:
1.Size of lot or project to be developed.
2.Tree size.
3.Species, role, and health of trees.
4.Tree life span.
5.Sensitivity to disease.
6.Nuisance characteristics.
7.Sensitivity to grading and grade change.
8.Transplanting potential.
9.Effects on the functioning of a development.
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Prior to issuance of a grading or building permit the Natural Resources Coordinator may require
one or all the following measures be added to the Forest Management Plan in order to
safeguard preserved trees:
1)Tree protective areas shall be designated at a minimum of the CRZ of trees
or drip line, whichever is greater, whenever possible.
2)Layout of the project site utility and grading plans shall accommodate the
forest and tree preservation areas, whenever possible.
3)Custom grading, retaining walls, or tree wells should be utilized to maintain
existing grade for preserved trees.
4)Suitable tree protection fencing shall be installed in active areas. Such
fencing 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 inspected by City
Staff before work begins; and 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 shall be posted and
readable from at least ten feet away.
7)Additional protection, signage, and buffer distances shall be established
around Heritage Trees.
8)Felling or removing trees shall be done in a direction away from preserved
trees to minimize tree wounding.
9)Construction site activities such as parking, material storage, concrete
washout, placement of holes, compaction, construction access, stockpiling
of earth, storage of equipment or building materials, or grading of any kind,
shall be arranged so as not to encroach on tree preservation areas and CRZ
areas of trees to be protected.
10)Measures such as deep mulching may be required if root pruning or root
compaction cannot be avoided.
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 the community. The City may require clustering of buildings, access roads,
parking lots, or stormwater facilities and prohibit removal of all or a part of a forest or of
heritage or significant trees.
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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.
E.Significant and Heritage Tree Replacement Calculation
1.If less than 20 percent of the total significant and/or heritage tree inches measured at
Diameter at Standard Height (DSH) 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 inches measured at DSH is
removed, the applicant shall mitigate all significant and heritage tree inches measured
at DSH 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-7: TREE LOSS 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 E. 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 compliance with the tree replacement requirement is not
feasible, the City’s Natural Resources Coordinator may approve alternative tree replacement
measures. 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
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the local ecosystem. All replacement trees shall be healthy and free from insect or disease
infestations. When replacement trees are required, replacement trees shall be no less than a
one-caliper inch deciduous or six-foot height conifer tree unless approved by the City. 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)
This list is not exhaustive or all-inclusive. The City may require revision of, or may deny approval
of, a Forest Alteration Permit or a Forest Management Plan that includes any new or emerging
invasive species that is not included in this list. 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.
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In addition to the requirements set forth in this Section X-X-7, replacement trees should be
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.
X-X-8: 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. The provisions of this section are
adopted to comply with applicable Minnesota Statutes and as an effort to control and prevent
the spread of tree pests.
To the extent allowed by Minnesota Statutes, the City may deem 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 Forest Pest or a Shade Tree Pest, and prescribe control
measures to effectively eradicate, control, or manage the Forest Pest or Shade Tree Pest
according to current guidance set by the Minnesota Department of Agriculture.
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-9: 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 permitted 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, or may be subject to enforcement pursuant to the City’s Nuisance ordinance or other
applicable law, rule, or regulation.
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