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Item No: 2 Meeting Date: 10/01/07 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 City Council last discussed the proposed tree ordinance on April 2nd, and at that time it was decided to hold off on any further action until after the next city newsletter went out with information about this proposed change. In the newsletter, staff asked for feedback from residents as to whether they supported some sort of tree preservation ordinance or not. Staff received one phone call the day after the April Council Worksession from a resident indicating that she was not supportive of the city putting rules on residents removing trees from their property. The Mounds View Matters newsletter was mailed at the end of April, and staff wanted to allow time for residents to comment. Staff received no other responses to the tree ordinance proposal. The Planning Commission and the Parks, Recreation & Forestry Commission are supportive of having some sort of tree preservation ordinance, although both are concerned about the City being too restrictive. At the April Worksession, Council began to re-examine whether or not to put this tree ordinance into effect, and what the City really wants to accomplish with the ordinance. Both the Planning Commission and Parks and Recreation and Forestry Commission feel strongly that this ordinance should not prohibit single family property owners from doing whatever they want on their property with their trees. The current version of the ordinance addresses this by exempting all R-1 and R-2 zoned properties from Section 1127.05 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 development 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 development 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, the draft ordinance was amended to increase the max fine for each significant or specimen tree illegally removed to $750. Is the Council comfortable with this amount?