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Item No: 3B Meeting Date: 04/02/07 Type of Business: Work Session City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Proposed Tree Preservation & Landscaping Ordinance Background Staff has revised the tree ordinance since meeting with the City Council, Planning Commission and Parks and Recreation and Forestry Commission in March. There have been many good suggestions from everyone, and all the groups are very supportive of having a tree ordinance. Both the Planning Commission and Parks and Recreation and Forestry Commission felt strongly that this ordinance should not prohibit single family property owners from doing what they want on their property with their trees. The revised ordinance addresses this by exempting all R-1 and R-2 zoned properties from the section regarding “tree removal on lots without construction or grading activity.” Staff’s thoughts are that the tree replacement and preservation requirements would only be in effect if there is construction on the property, particularly a new home built. But does the City want to impose these requirements on an R-1 or R-2 property owner who is just building a new garage or deck? "Exempting R-1 and R-2 properties when no "development" is occurring however creates a loophole. There are presently three or four potential infill residential redevelopment areas in the City. Submitting a subdivision application is the trigger for the tree plan, inventory, replacement requirements, etc,. Knowing this, the land owner(s) could clear cut the lots without penalty PRIOR to submitting the subdivision application thereby avoiding any requirements whatsoever. Staff is unsure how to close this loophole without otherwise restricting the typical single-family property owner. Staff will require some direction from the Council regarding this issue." After the discussion at the March City Council Worksession, draft ordinance was amended to increase the max fine for each significant or specimen tree illegally removed to $750. Other penalties could include withholding a Certificate of Occupancy for new development, forfeiture of all or part of a bond, escrow or financial guarantee and stoppage of a project if violations are extreme. There was some discussion as to whether the City should be exempted from these requirements (see 1127.04 Subd. 2e). Presently the ordinance does exempt the City and its agents. Does the Council wish to change that? Other changes made to the ordinance include additional species were added to the high value tree list and any tree in excess of 30 inches in diameter is now defined as a specimen tree. Recommendation It is recommended that the City Council review and discuss this revised draft ordinance. Staff has included an article in the May/June 2007 edition of the Mounds View Matters newsletter and asked for feedback from residents. At this time, staff is proposing that Council not act on this ordinance until after residents have an opportunity to respond.