NRC Packet 08082024CITY OF MENDOTA HEIGHTS
NATURAL RESOURCES COMMISSION REGULAR MEETING AGENDA
August 8, 2024 at 6:00 PM
Mendota Heights City Hall Council Chambers
1.Call to Order
2.Roll Call
3.Adopt Agenda
4.Approval of Minutes
a. Approve meeting minutes from the July 10, 2024 Natural Resources Commission Work Session.
5.Citizen Comment Period (for items not on the agenda)
6.New Business
a. 2025 Preliminary Budget Recommendation
b. Urban Forest Preservation Ordinance - Preliminary Draft
c. Marie Park Demonstration Planting
7.Old Business
8.Staff Announcements
9.Commission Comments
10.Adjourn
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CITY OF MENDOTA HEIGHTS
NATURAL RESOURCES COMMISSION WORK SESSION MINUTES - DRAFT
6:00 PM
Wednesday, July 10, 2024
1101 Victoria Curve, Mendota Heights
1.Call to Order
Chair Swank called the meeting to order at 7:05 p.m.
2.Roll Call
In attendance: Chair Swank, Vice Chair Knosalla, Commissioners Husbands,
Fahnhorst, McCaslin, Sheets, and Student Commissioner Trudeau.
Absent: Commissioner Stein.
Staff in attendance: Natural Resources Coordinator Krista Spreiter and Public Works
Director Ryan Ruzek.
3.Discussion
a.2025 Budget Requests
Staff reviewed the 2024 Budget. Council feedback from 2023 suggested providing more
detailed budget items.
NRMP Priority Projects were reviewed. Discussion was held on current NRMP projects.
The pollinator corridor. Suggestion was made to abandon project for now, and
concentrate on others, since it is a corridor that is used by Xcel and getting the project
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4a.
established will cost much more than was projected in NRMP. Maintain $13,630 from
2024 to 2025 for this project.
Additional projects were discussed. Some projects have moved to the maintenance
phase, and should be moved under the maintenance budget. Other projects have not
begun and will still be budgeted for under the establishment phase. Other projects were
paid for with grant funds, and will not need to be included in the budget or will be
reduced.
Franchise Fee discussion - how much will be generated? 200-300k to general fund per
Public Works Director Ruzek. Question asked if a portion can be allotted for Natural
Resources. Public Works Director Ruzek relayed that the funds generated from the
franchise fee is reserved for the general fund to avoid tax increases for residences in
order to pay for existing services, and is not intended to create additional funds for
future projects or programs.
A four percent increase overall for all budget items to accommodate inflation was
suggested by Commissioner Fahnhorst. Staff to revise NRMP Priority Projects to align
with current implementation schedule. The project maintenance budget will also be
revised to reflect current projects now in the maintenance phase.
Proposal was made for tree removal budget to be increased. Staff to touch base with
Public Works supervisor on estimate for tree removal in 2025. Staff to itemize tree
services category to reflect specific tasks under this category. Add tree replacement/tree
planting category was suggested. Proposal made to replace ‘tree city USA’ designation
with ‘tree canopy improvement’ or itemize line item.
Suggestion was made to not increase Tree Sale budget, instead subsidize less and
provide more trees available for residents to purchase.
Commission agreed to continue with the Tree Canopy Program. Put Tree Canopy
Program and Tree Sale on same website for next year to help with awareness. Suggested
was made to advertise on facebook using georeferencing by Commissioner Sheets.
Suggestion made to coordinate tree canopy outreach with Partners in Energy outreach
efforts in business community.
The Commission discussed staffing and confirmed a natural resources/stormwater intern
has been requested.
b. Urban Forest Preservation Ordinance
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City Council feedback was discussed. One of the questions raised was enforcement and
how the ordinance will be enforced. Council member also suggested replacing most of
parameters with ‘Planning Case’ when requiring a permit and replacement plan.
Suggestion or question was also raised on how developers and public would be
educated.
Comments from Planning Commission were discussed. Question was asked on how a
permit or replacement plan would be denied. Suggestion to follow or use variance
request process as an example. Suggestion was made to look at Edina’s ordinance as an
example.
The Commission discussed how removal percentage threshold was decided.
Commission decided to keep with 33%. Suggestion was made to look at other cities for
reference.
Exemption for minimum trees on lot for replacement plan requirement was discussed.
Suggestion made to make exception for lots with total number of trees on lot to 5 trees
per lot for replacement plan requirement.
Commission agreed to remove invasive tree list and reference MDA’s or DNR list of
invasives.
Escrow was discussed. Public Commission comments were discussed including solar
access, appeal process, was also discussed.
Suggestion was made to table any further decisions or changes made to ordinance until
after the MNSTAC presentation from the City of Edina.
Items 3c. Valley Park Strategic Planning, and 3d. 2025 Work Plan Preliminary Discussion,
were tabled until the next work session. Consensus made to replace regular October
meeting with a work session, to take place on October 16th.
Work session was adjourned at 7:46pm.
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6.a
Natural Resources Commission
Meeting Date: August 8, 2024
Agenda Item: 2025 Preliminary Budget Recommendation
Item Type: Action Item
Department: Natural Resources Contact: Krista Spreiter, Natural
Resources Coordinator
Action Request:
The Commission should review the preliminary Natural Resources 2025 budget and
recommend approval to City Council if it so wishes.
Background:
At the May 8 and July 10 Natural Resources Commission work sessions, the Commission
discussed recommendations for the City's 2025 budget as pertaining to Natural Resources.
The Commission discussed priority projects as identified in the City's Natural Resources
Management Plan (NRMP), identifying projects to be implemented and budgeted for in 2025,
as well as projects that have completed the implementation phase, and have moved into the
maintenance phase. NRMP priority projects to be included in the 2025 budget
recommendations include the Valley Park Pollinator Corridor, the Valley Park Forest
Enhancement - SC, the Valley Park N.W. Forest Enhancement, the Valley Park E. Forest
Enhancement, and the Rogers Lake Savanna/Forest and Shoreline Enhancement. Of these, the
Valley Park E. Forest Enhancement, and the Rogers Lake Savanna/Forest and Shoreline
Enhancement would begin in 2025. The Valley Park Forest Enhancement - North and the
Valley Park - S. Oak/Aspen Knoll projects have been completed, and therefore have been
budgeted for under the Natural Resources Maintenance line item.
The Commission also discussed itemizing as well as changing the titles of specific line items
that pertain to forestry and tree care, which is also reflected in the attached spreadsheet.
Fiscal and Resource Impact:
The proposed 2025 Natural Resources budget totals $335,223.00, not including human
resources and commissioner per diem.
Attachments:
1. 2025 BUDGET
Page 5 of
DESCRIPTION 2024 BUDGET 2025 BUDGET
VALLEY PARK POLLINATOR CORRIDOR (XCEL)$14,430.00 $15,000.00
VALLEY PARK FOREST ENHANCEMENT - NORTH $34,070.00 $0.00
VALLEY PARK FOREST ENHANCEMENT - SOUTH-CENTRAL $18,437.00 $11,183.00
VALLEY PARK - NW FOREST ENHANCEMENT $21,165.00 $10,000.00
VALLEY PARK - E FOREST ENHANCEMENT $8,235.00 $12,252.00
VALLEY PARK - S OAK/ASPEN KNOLL ENHANCEMENT $3,663.00 $0.00
ROGERS LAKE SAVANNA/FOREST AND
SHORELINE ENHACEMENT $34,518.00
NATURAL RESOURCE MAINTENANCE $40,000.00 $37,670.00
OHEYAWAHE/PILOT KNOB RESTORATION $15,000.00 $15,600.00
TREE SALE $10,000.00 $10,000.00
TREE CANOPY PROGRAM $25,000.00 $27,000.00
TREE REMOVAL $125,000.00 $100,000.00
TREE PLANTING $10,000.00
TREE CARE (PRUNING, WATERING, DISEASE PREVENTION, ETC.)$52,000.00
TOTALS $315,000.00 $335,223.00
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6a1
6.b
Natural Resources Commission
Meeting Date: August 8, 2024
Agenda Item:
Item Type:
Urban Forest Preservation Ordinance - Preliminary Draft
Action Item
Department: Natural Resources Contact: Krista Spreiter, Natural
Resources Coordinator
Action Request:
The Commission is asked to review the revised draft of the Urban Forest Preservation
ordinance for recommendation of approval to City Council.
Background:
As part of Goal 1: Policy and Ordinance Review and Development, the Goal 1 Committee along
with the Commission has developed a draft of the Urban Forest Preservation Ordinance. The
draft was presented to both the City Council and the Planning Commission to receive
feedback. These comments were discussed at the July 10, 2024 Natural Resources Commission
Work Session. Comments were taken into consideration, and some revisions to the draft
ordinance have been made in response, and incorporated into the attached revised draft.
Some of these revisions include:
•For both Forest Alteration Permit and Forest Management Plan requirements, some of
the applicability categories were removed, and replaced with the category of 'Projects that require a planning case', as the previous categories would automatically be
included in those projects that result in a planning case.
•A minimum of seven (7) total trees per property was added to the threshold of 33%
removal when a Forest Alteration Permit or Forest Management Plan is required.
•The previous formula for calculating tree loss mitigation was replaced with a 75% DSH
required replacement when seven (7) or more significant or heritage trees are
removed.
•For applicants that propose the removal of less than seven (7) significant or heritage
trees, the replacement requirement is one to one.
•For applicants that are removing less than ten (10) significant or heritage trees, the
applicant is exempt from Forest Management Plan and Escrow requirements, however
the applicant is still subject to tree loss mitigation requirements.
Page of
Fiscal and Resource Impact:
None.
Attachments:
1. 2024_7_30 URBAN FOREST PRESERVATION ORDINANCE_PRELIMINARY DRAFT
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PRELIMINARY 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 grading or building permit, or constitutes a planning case and will affect trees or forested
areas. The ordinance also applies to any proposed Heritage Tree removal, or property in which 33% or
more significant and/or heritage trees are removed from the property where the property contains a
minimum of seven trees.
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.
3MJH RI
6.b.1
Applicant means developer, builder, contractor, or property owner who applies for a forest alteration,
land use alteration, grading or building permit; or as part of a planning case.
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 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 one -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 heritage 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 mitigation and management plan section. The plan shall 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 I nternational Society of Agriculture (ISA) Certified
Arborist.
3DJH 0 RI 19
Heritage tree means a tree of any native species or cultivar of a native species that is 24 inches in
diameter or greater, excluding 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 their legacy .
Invasive species means species that are not native to Minnesota and cause economic or
environmental harm or harm to human health or are regulated as prohibited or restricted under the
Minnesota Department of Agriculture’s noxious weed law .
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 or
recommended by the Minnesota Department of Natural Resources as a native tree for the changing
climate, 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.
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 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 or are listed as
prohibited or restricted under the Minnesota Department of Agriculture’s noxious weed law 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.
3DJH RI 19
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 shall have the authority to 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, 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 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.Removal of 33% of significant and/or heritage trees on any lot, vacant or otherwise
occupied, when the property contains seven (7) or more significant or heritage trees.
3.A project that requires a planning case when trees on the property may be affected.
4.A grading or building permit is required and tr ees on the property may be affected.
Failure to obtain a Forest Alteration Permit prior to removing significant or specimen trees
when a forest alteration permit is required will result in a tree replacement requirement that
assumes all trees removed were significant trees, and/or escrow fee forfeiture.
B.When tree replacement is required, 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 and
X-X-7 within this chapter.
C.Forest alteration permit appeal process. If the forest alteration permit is denied by the City,
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 90 days of denial. The City Council
shall set a date of 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 of the appeal on the
date of the hearing or at the regular City Council meeting following the hearing 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, 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, when the property contains seven (7) or more significant or
heritage trees.
2.A project that requires a planning case when trees on the property may be affected.
3.A grading or building permit is required and trees on the property may be affected.
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An application fee, as well as an escrow fee, shall be required as established annually b y 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,
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.7: Tree Loss 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. For every heritage tree preserved
on site, the escrow may be reduced by $250.00. 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 Forest
Management Plans and Tree Replacement Escrow requirements set forth in this chapter.
Applicants may still be subject to tree replacement requirements as stated in Section E.
Significant and Heritage Tree Replacement Calculation.
1.If less than ten (10) total significant and/or heritage trees on the property
are removed, and the removal does not require a building permit, grading
permit, or does not require a planning case, the applicant is exempt from
Forest Management Plan and Escrow requirements but may still be subject
to tree replacement requirements as stated in Section E. Significant and
Heritage Tree Replacement Calculation.
2.Interior structure improvements that do not expand the current footprint of
the structure and do not affect surrounding trees or forested areas.
3.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.
4.Emergency work to protect public health.
5.Removal of 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.
6.Alteration of the forest canopy to improve tree health/diversity that is
recommended as part of a Forest Management Plan.
7.Tree removal as part of a City-approved native vegetative community
restoration plan to restore or enhance native woodlands, savannas, prairies,
or wetland areas.
8.Removal of non-native trees that the City deems are invasive or noxious.
9.Commercial tree nursery and landscape operations.
10.In cases where a tree is deemed a hazard tree as determined by an ISA
Certified Arborist.
3MJH 4 RI 19
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:
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 City may require one or all of 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.
3MJH 5 RI 19
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 Mendota Heights residents, businesses, and visitors. 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.
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 City 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 seven (7) total significant and/or heritage trees on the property are
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 seven (7) or more total significant or heritage trees on the property are removed, the
applicant shall mitigate all significant and heritage tree inches measured at DSH at a rate
of 75%.
Example: 84 DSH inches removed x .75 = 63 DSH inches required to be replaced
3.For every heritage tree preserved on site, escrow may be reduced by $250.00.
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 10 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 may approve alternative tree replacement measures, including the planting of
trees at an alternate site. The alternate site must be public land, and at the choice of the City.
The City may require post-construction tree care.
3MJH 6 RI 19
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
Minnesota or recommended by the Department of Natural Resources or University of
Minnesota Extension. Applicants are encouraged to plant trees that are recommended by the
Minnesota Department of Natural Resources at the time of planting. 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.
Woody plant species are considered invasive, and/or are regulated as prohibited or restricted
under the Minnesota Department of Agriculture’s noxious weed law are prohibited from City
plantings and on development and redevelopment projects.
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 of a resistant variety or
cultivar.
In addition to the requirements set forth in this Section, 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.
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 and disease.
3MJH 7 RI 19
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 disease, forest pest or shade tree pest
according to current guidance set by the Minnesota Department of Agriculture.
The City 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.
3MJH 8 RI 19
6.c
Natural Resources Commission
Meeting Date: August 8, 2024
Agenda Item:
Item Type:
Marie Park Demonstration Planting
Informational Item
Department: Natural Resources Contact: Krista Spreiter, Natural
Resources Coordinator
Action Request:
None. Information only.
Background:
The Goal 3: Urban Forestry and Restoration Committee of the Commission has been working to
implement the Demonstration Hybrid Planting project at Marie Park. The area was removed of
invasive vegetation in the fall of 2023, and seeded with a native grass mix throughout. In 2024
the site was managed to establish the native ground cover that was planted using mowing at
strategic growth heights to prevent and suppress invasive species. The next stage in
establishment is the planting of 5–7 trees that were chosen for the project of the following
species:
•Bur Oak (Quercus macrocarpa)
•White Oak (Quercus alba)
•Shagbark Hickory (Carya ovata)
•Chokecherry (Prunus virginiana)
•Serviceberry - tree form (Amelanchier canadensis)
The Committee has set a date of September 12th for a volunteer tree planting event to accomplish this next step. Commissioners are invited to participate.
Fiscal and Resource Impact:
The estimated cost for the tree planting is $1,300.00, which will be taken from the 2024 Natural Resources Budget - Tree Removal line item.
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