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HomeMy WebLinkAbout2014-10-20 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION October 20, 2014 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road B East 1.Roll Call 2.Approval of Agenda 3.Approval ofMinutes:September 15, 2014 4.New Business a.New Member Orientation b.Maplewood GreenCorps Host Site c.Resolution of Appreciation for Commissioners Johannessen and Schaefer 5.Unfinished Business a.Tree Ordinance 6.Visitor Presentations 7.Commission Presentations a.Plastic BagBan – Commissioner Yingling 8.Staff Presentations a.Markham Pond Draw Down b.Bee Friendly City c.Maplewood Nature Center Programs 9.Adjourn Agenda Item 3 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, September 15, 2014 Council Chambers, City Hall 1830 County Road B East THE RECYCLING WORKSHOP WAS HELD PRIOR TO THE ENR MEETING FROM 6:00 -7:00 p.m. a.Environmental Planner, Shann Finwall introduced the speakers for and addressed the commission. b.David Domack, General Manager, Tennis Sanitation. Mr. Domack add regarding Tennis Sanitation, recycling education, the 2014 work , the Tennis Sanitation website, the City of Maplewood website, Maplewood. c.Willie Tennis, Owner of Tennis Sanitation addressed the commis the 2014 work plan. d.City Council Liaison, Kathleen Juenemann addressed the commissio the speakers. 1.CALL TO ORDER A meeting of the Environmental and Natural Resources Commission p.m. by Chair Palzer. 2.ROLL CALL Absent Randee Edmundson, Commissioner Deborah Fideldy, Commissioner Present Judith Johannessen, Commissioner Present Ann Palzer, Chair Present Absent Cindy Schafer, Commissioner Dale Trippler, Vice Chair Present Absent Ginny Yingling, Commissioner Staff Shann Finwall, Environmental Planner City Council Liaison Kathleen Juenemann, City Councilmember 3.APPROVAL OF AGENDA Commissioner Trippler requested an addition to the agenda under City Council Review of CIP Commissioner Trippler moved to approve the agenda as amended. Seconded by Commissioner Johannessen. Ayes All The motion passed. September 15, 2014 1 Environmental and Natural Resources Commission Meeting Minutes 4. APPROVAL OF MINUTES Commissioner Trippler moved to approve the August 18, 2014, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Johannessen. Ayes Chair Palzer, & Trippler Abstention Commissioner Fideldy The motion passed. 5.UNFINISHED BUSINESS a. Tree Ordinance i. Environmental Planner, Shann Finwall gave the update on changes to the Tree Ordinance and answered questions of the commission. Staff suggested that there are several procedural items in the ordinance that could be removed and placed in a standards document. Staff will prepare the standards document for review by the Commission in October. 6.NEW BUSINESS None. 7.VISITOR PRESENTATIONS 1. City Council Liaison Juenemann acknowledged and thanked ENR Commissioner, Judith Johannessen for her years of service and dedication serving on the Environmental & Natural Commission. 2. Maplewood resident, Molly Miller, addressed the Commission and stated that one of the reasons she moved to Maplewood was because Maplewood is a green city. Ms. Miller was at the meeting to introduce herself and indicated that she had submitted an Environmental Commission application. The City Council will interview her for the position on September 22. 8.COMMISSION PRESENTATIONS a. Commissioner Trippler reported on the CIP from the September 8, 2014, City Council meeting. Commissioner Trippler stated that none of the revisions discussed or recommended by the Commission were made prior to the Councils review. City Council Liaison Juenemann discussed items of concern regardthat the recommendations were discussed. . 9.STAFF PRESENTATIONS a. Commission Appointments i. Environmental Planner Finwall stated there are two openings on the ENR Commission because Judith Johannessen and Cynthia Shafer are not pursuing reappointments on the Commission. The City received two applications to fill the openings. The City Council will hold the interviews for the openings on Monday, September 22, 2014. September 15, 2014 2 Environmental and Natural Resources Commission Meeting Minutes b. Nature Center Programs i. Environmental Planner Finwall presented the upcoming Nature Cent more information contact the Nature Center at (651) 249-2170. 10. ADJOURNMENT Chair Palzer adjourned the meeting at 7:45 p.m. September 15, 2014 3 Environmental and Natural Resources Commission Meeting Minutes Agenda Item 4.a. Environmental and Natural Resources New Member Orientation Date Revised: October 15, 2014 INTRODUCTION This orientation outlines the objectives, review process, responsibilities, and scope of authority of the Environmental and Natural Resources (ENR) Commission. It is intended to assist new commissioners and to update existing commissioners. ORIENTATION Origination of the ENRCommission In 2004 the Maplewood City Councilcreated the Environmental Committee, formed as an ad- hoc committee responsible for advising the City Counciland other commissions and boards on matters relevant to the environment. This includes such matters as recycling, solid waste, environmental education, water resources, wetlands, and storm water management.On September 11, 2005, the City Counciladopted the committee as a full-fledged commission when it adopted the ENR Commission ordinance. ENR Commission Purpose/Objective The ENR Commission was formed to establish environmental priorities and to propose changes necessary to existing environmental ordinances which ensure that the city’s environmental assets are protected, preserved, and enhanced. Attached is a copy of the ENR Commission ordinance (Attachment 1) that explains in detail the ENR’s purpose/objective. Agenda Packets City staff will prepare an ENR Commission agenda packet the week before the scheduled meeting. The packets contain an agenda, minutes from previous meetings, and staff reportsfor each agenda item. City staff mails the packets to the ENRCommissioner’s homes so they receive them the Friday before the meeting. Staff also sends an e-mail with the agenda attached and a link to the packet once complete, normally on the Thursday prior to the meeting. In an effort to reduce paper and mailing costs, City staff recommends that the ENR Commissioners receive the packets via e-mail only if feasible. ENR Commissioner Responsibility Each commissioner should review the staff reports and visit the propertiesif applicable to form an opinion of the project and become familiar with the proposal or item before the meeting. Meetings Meeting Dates: The third Monday of each month. Starting Time: 7:00 p.m. Meeting Location:City Councilchambers at Maplewood City Hall, 1830 E. County Road B Quorum: A simple majority of the current membership of the commissioners constitutes a quorum. 1 Cancellations/Staff will inform the ENR Commission of meeting cancellations. Meetings Rescheduling:are canceled when we cannot get a quorum or if there are no items to review. Officers:A chairperson and vice chairperson shall be elected by the Commission at the first ENR Commission in January of each year, and will serve until their successors have been elected. City CouncilThe chair will represent the ENR Commission at City Councilmeetings Meeting:where ENR Commission items are on the agenda. The chair will present the Commission’s recommendations and answer questions from the City Councilregarding the decision. If the chair is unavailable to attend the City Councilmeeting, the chair will appoint a representative from the commission. CommissionHandbook The City Counciladopted a Commission Handbook to provide general information, rules, policies, and state statutes for commission members.The Commission Handbook will be distributed to new members during their first meeting. Rules of Procedure On December 21, 2009, the ENR Commission adopted the Rules of Procedure (Attachment2). The Rules were approved by the City Councilon March 8, 2010. ENRAnnual Report Each year theENR Commission submits an annual report to the City Council. The annual report includes actions and activities for the previous year and goals for the new year. Staff drafts the annual report for review by the ENR Commission during the meeting in February. The report is then forwarded to the City Councilfor final approval. Contact Information Following is City staff contact information. Additional contacts can be found on the City’s http://www.ci.maplewood.mn.us/Directory.aspx. website at Melinda Coleman, Interim City Manager/(651) 249-2055 melinda.coleman@ci.maplewood.mn.us Environmental and Economic Development Dir. Shann Finwall,AICP, Environmental Planner(651) 249-2304 shann.finwall@ci.maplewood.mn.us Virginia (Ginny) Gaynor, Natural Resources Coord.(651) 249-2416 virginia.gaynor@ci.maplewood.mn.us Ann Hutchinson, Lead Naturalist(651) 249-2172 ann.hutchinson@ci.maplewood.mn.us Chris Swanson, Environmental Technician(651) 249-2305 chris.swanson@ci.maplewood.mm.us Joe Ballandby, GreenCorp Member(651) 249-2306 joe.ballandby@ci.maplewood.mn.us Tammy Young, Administrative Assistant(651) 249-2301 tammy.young@ci.maplewood.mn.us 2 City Council/Advisory Commissions and Boards Attached is a contact list for the City Counciland all City Commissions and Boards (Attachment 3). Cablecast of ENRCommission Meetings The City of Maplewood cablecasts ENR Commission meetings.The meetings are aired on the Government Television Network(GTN),Channel 16 live during the meetings and then re-run www.gtn.org. throughout the month.For re-run schedules visit the GTN website at City Website The City of Maplewood has a website located at www.ci.maplewood.mn.us. The website is a good source of information. In addition to current city news and information, the website contains the city code of ordinances, information on upcoming ENR Commission meetings (including packets), and ENRmeeting minutes. SUMMARY The City of Maplewood would like to welcome you as a new member of the ENR Commission. We look forward to working with you on ensuring the City’s environmental assets are protected, preserved, and enhanced. P\environmenta\environemental commission\orientation Attachments: 1.ENR Commission Ordinance 2.ENR Commission Rules of Procedure 3.City Council/Advisory Commission and Board Contact List 3 MINUTES Attachment 1 MAPLEWOOD CITY COUNCIL 7:38 P.M. Monday, September 11, 2006 Council Chambers, City Hall Meeting No. 06-23 K. UNFINISHED BUSINESS 1. Ordinance to Establish Full Commission Status for the Environmental Committee (Second Reading) a. Environmental Manager Konewko presented the report. Mayor Longrie moved to adopt the following second reading of the ordinance to establish the Environmental and Natural Resources Commission as an advisory board to the city council as provided by the Minnesota Statute: MAPLEWOOD ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365. (Code 1982, § 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference - City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, § 25-19) Sec. 18.183. Chairperson and vice-chairperson. The environmental and natural resources commission shall elect a chairperson and a vice- chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources City Council Meeting 09-11-06 1 commission, the vice-chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 § 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city’s website. (Code 1982, § 25-22) Sec. 18.186. Duties and responsibilities . In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city’s environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro-actively promote greater use and appreciations of the city’s environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of “sustainable practices” for city policies and procedures. (Code 1982, § 25-23) City Council Meeting 09-11-06 2 Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission’s proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, § 25-26) This ordinance shall be effective on October 1, 2006. Seconded by Councilmember Hjelle Ayes-All City Council Meeting 09-11-06 3 Attachment 2 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 Adopted by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. P:\PW\Works\Environemental\Environmental Commission\ENR Rules of Procedure -3- Attachment 3 All Active Commissioner Contact Info - Public CityCouncil {·EE[zz­š“tY©;“DÒzŒEšzŒ; Y©;“uDÒzŒEšzŒ;¸-zu’¦Œ;ޚš7u’“uÒ­ /šÒ“-zŒ¦;©­š“BobCardinal 2497AdeleSt.›Iœtwš“;t 651.765.8600 ;©’9ã¦z©;­t 12/31/2015Maplewood,MN55109›/œtwš“;t bob.cardinal@ci.maplewood.mn.us ›‘œtwš“;t /šÒ“-zŒ¦;©­š“MarvinKoppen 1998RipleyAve.E›Iœtwš“;t 651.770.5391marvkoppen@comcast.net ;©’9ã¦z©;­t 12/31/2015›/œtwš“;t MaplewoodMN55109 Marvin.koppen@ci.maplewood.mn.us ›‘œtwš“;t /šÒ“-zŒ¦;©­š“MaryleeAbrams 2940FrankStreet›Iœtwš“;t ;©’9ã¦z©;­t 12/31/2017Maplewood,MN55109›/œtwš“;t Marylee.Abrams@ci.maplewood.mn.us ›‘œtwš“;t /šÒ“-zŒ¦;©­š“KathleenJuenemann 721MtVernonAveE›Iœtwš“;t 651.771.3670 ;©’9ã¦z©;­t 12/31/2017Maplewood,MN55117›/œtwš“;t kathleen.juenemann@ci.maplewood.mn.us ›‘œtwš“;t a䚩NoraSlawik 1756EastShoreDrive›Iœtwš“;t 651.738.7099 ;©’9ã¦z©;­t 12/31/2017Maplewood,MN55109›/œtwš“;t Nora.Slawik@ci.maplewood.mn.us ›‘œtwš“;t CommunityDesignReviewBoard {·EE[zz­š“taz‰;a©·z“ az-w;Œua©·z“¸-zu’¦Œ;ޚš7u’“uÒ­ BillKempe 3010FurnessCt.N.›Iœtwš“;t wckempe@yahoo.com ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55109›/œtwš“;t 651.226.7933 ›‘œtwš“;t JasonLamers 2621KnollwoodCt.N›Iœtwš“;t jason.lamers@yahoo.com ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t 612.940.7362 LeoBurger 1807GervaisCourt›Iœtwš“;t 651.777.6659 ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t AnanthShankar 2460KingAve›Iœtwš“;t 651.730.5966rojiananth@aol.com ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t 651.290.1938 /wz©MattLedvina 1173LakewoodDrS›Iœtwš“;t 651.578.1658 ;©’9ã¦z©;­t 4/30/2017Maplewood,MN55119›/œtwš“;t Mattledvina@comcast.net ›‘œtwš“;t Environmental&NaturalResourcesComm {·EE[zz­š“t{w““Cz“ÞŒŒ {w““uCz“ÞŒŒ¸-zu’¦Œ;ޚš7u’“uÒ­ RandeeEdmundson 1396CountyRoadCEast›Iœtwš“;t Edmundson.randee@gmail.com ;©’9ã¦z©;­t 9/30/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t DaleTrippler 2691BarclaySt›Iœtwš“;t 651.490.1485 ;©’9ã¦z©;­t 9/30/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t DeborahFideldy 1708KennardSt.›Iœtwš“;t drfideldy@yahoo.com ;©’9ã¦z©;­t 9/30/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t AnnPalzer 2497StillwaterRoadE.›Iœtwš“;t annpalzer@yahoo.com ;©’9ã¦z©;­t 9/30/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t GinnyYingling 673DorlandRd›Iœtwš“;t ginny.yingling@gmail.com ;©’9ã¦z©;­t 9/30/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t Page1of4 Thursday,October16,2014 All Active Commissioner Contact Info - Public MollieMiller 1861KenwoodDr.W›Iœtwš“;t 5073803186savetheapples2@yahoo.com ;©’9ã¦z©;­t 9/30/2017Maplewood,MN55117›/œtwš“;t ›‘œtwš“;t TomSinn 45SophiaAvenueE›Iœtwš“;t 6518954862tom.sinn@envirotechnologicalsolutions.co ;©’9ã¦z©;­t 9/30/2017Maplewood,MN55117›/œtwš“;t ›‘œtwš“;t HeritagePreservationCommission {·EE[zz­š“tDz““äD䓚© u u z©mz“zuD䓚©¸-zu’¦Œ;ޚš7u’“uÒ­ PeterBoulay 1100CountyRoadC›Iœtwš“;t 651.490.3251happypebbl@hotmail.com ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t LeonardHughes 1601WoodlynnAve.›Iœtwš“;t leonardhughesmhpc@ymail.com ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55109›/œtwš“;t 952.412.5629 ›‘œtwš“;t RobertCreager 2317Case›Iœtwš“;t 651.578.0658 ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t z-;/wz©RichardCurrie 1937KenwoodDrW›Iœtwš“;t 651.340.4747rchcur@aol.com ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55117›/œtwš“;t ›‘œtwš“;t 612.267.4006 FrankGilbertson 1102LakewoodDriveS.›Iœtwš“;t 612.232.9693 ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t JohnGaspar 1594MarySt.›Iœtwš“;t 651.773.9253john@naiarchitects.com ;©’9ã¦z©;­t 4/30/2017MaplewoodMN55119›/œtwš“;t ›‘œtwš“;t BrendaRudberg 2419OakridgeLaneE›Iœtwš“;t 651.578.0726brudberg@comcast.net ;©’9ã¦z©;­t 4/30/2017Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t Housing&EconomicDevelopmentCommi {·EE[zz­š“taz-w;Œa©·z“ az-w;Œua©·z“¸-zu’¦Œ;ޚš7u’“uÒ­ .Ò­z“;­­w;¦WarrenWessel 2311CaseAve.E.›Iœtwš“;t wwessel@cbburnet.com ;©’9ã¦z©;­t 9/30/2014Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t DennisUnger 2975WalterST.›Iœtwš“;t ungerslaw@comcast.net ;©’9ã¦z©;­t 9/30/2015MaplewoodMN55109›/œtwš“;t ›‘œtwš“;t /wz©.Ò­z“;­­w;¦MarkJenkins 830NewCenturyBlvd.S.›Iœtwš“;t ;©’9ã¦z©;­t 9/30/2016MaplewoodMN55119›/œtwš“;t mark@jenkinsweb.net ›‘œtwš“;t 612.701.2019 .Ò­z“;­­w;¦JenniferLewis 4194HomewoodAve›Iœtwš“;t JeLewis@simon.com ;©’9ã¦z©;­t 9/30/2016WhiteBearLake,MN55110›/œtwš“;t 651.770.3863 ›‘œtwš“;t 763.286.3139 JoyTkachuck 1088GordonAve›Iœtwš“;t joy.tkachuck@optumhealth.com ;©’9ã¦z©;­t 9/30/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t SpencerGansluckner 2008CastleAvenueEast›Iœtwš“;t 6124990045sgansluckner@gmail.com ›/œtwš“;t ;©’9ã¦z©;­t 9/30/2017Maplewood,MN55109 ›‘œtwš“;t HumanRightsCommission {·EE[zz­š“tY©;“DÒzŒEšzŒ; Y©;“uDÒzŒEšzŒ;¸-zu’¦Œ;ޚš7u’“uÒ­ Page2of4 Thursday,October16,2014 All Active Commissioner Contact Info - Public Vacant ›Iœtwš“;t ;©’9ã¦z©;­t 5/1/2015›/œtwš“;t ›‘œtwš“;t AnnistaciaBelladonnaC 2009ClarkSt.›Iœtwš“;t abelladonna@yourlegalleverage.com ;©’9ã¦z©;­t 5/1/2015Maplewood,Mn55117›/œtwš“;t ›‘œtwš“;t Elizabeth"Marie"Garza 410McKnightRoad›Iœtwš“;t 6512353336marie.degarza@yahoo.com ;©’9ã¦z©;­t 5/1/2015Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t MauriceFortin 1601WoodlynnAve.›Iœtwš“;t moefortin@hotmail.com ;©’9ã¦z©;­t 5/1/2016Maplewood,MN55109›/œtwš“;t 612.807.7130 ›‘œtwš“;t JonBrandt 2837SouthlawnDrive›Iœtwš“;t 6517775004Jonwbrandt@gmail.com ;©’9ã¦z©;­t 5/1/2017Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t NateDanielson 1256DennisSt.North›Iœtwš“;t 763.220.2326nate.danielson.hrc@gmail.com ;©’9ã¦z©;­t 5/1/2017Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t SarahDeeny 2138ArcadeSt.›Iœtwš“;t 651.699.9082 ;©’9ã¦z©;­t 5/1/2017Maplewood,MN55109›/œtwš“;t sarah.deenyhrc@gmail.com ›‘œtwš“;t 651.481.0090 Park&RecreationCommission {·EE[zz­š“tWz’䌚© u u †’;­u·䌚©¸-zu’¦Œ;ޚš7u’“uÒ­ RhodaErhardt 2379SnowshoeCourtEast›Iœtwš“;t 651.730.9004 rperhardt@erhardtproducts.com ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t MatthewProm 390MaryLaneSouth›Iœtwš“;t 612.567.7661mattjprom@gmail.com ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t MikeWilde 2538HazelwoodSt.N›Iœtwš“;t ;©’9ã¦z©;­t 4/30/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t 612.227.8425 RickBrandon 1622CountyRoadCE.›Iœtwš“;t rickbrandon46@gmail.com ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t RonCockriel 943CenturyAve.N.›Iœtwš“;t 651.738.7233maplewoodmatters@yahoo.com ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t z-;/wz©KimSchmidt 1800PhalenPl›Iœtwš“;t phalenplace@yahoo.com ;©’9ã¦z©;­t 4/30/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t 651.468.5482 CraigBrannon 2927WalterSt›Iœtwš“;t 651.490.5064brannon@ti.com ;©’9ã¦z©;­t 4/30/2017Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t TerriMallet 2231IdeCourt›Iœtwš“;t 651.773.5590 ;©’9ã¦z©;­t 4/30/2017Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t NikkiVillavicencio 1844E.ShoreDr.›Iœtwš“;t ;©’9ã¦z©;­t 4/30/2017Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t Page3of4 Thursday,October16,2014 All Active Commissioner Contact Info - Public PlanningCommission {·EE[zz­š“tš’9‰­·©“7 š’u9‰­·©“7¸-zu’¦Œ;ޚš7u’“uÒ­ PaulArbuckle 2550ClarenceSt.›Iœtwš“;t 651.484.1453arbybuckle@msn.org ;©’9ã¦z©;­t 12/31/2014Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t 651.494.9302 JohnDonofrio 2569HillwoodDr.E.›Iœtwš“;t JohnTDonofrio@gmail.com ›/œtwš“;t 651.331.0041 ;©’9ã¦z©;­t 12/31/2014Maplewood,MN55119 ›‘œtwš“;t DonnLindstrom 3079WalterSt.›Iœtwš“;t ;©’9ã¦z©;­t 12/31/2014Maplewood,MN55109›/œtwš“;t 651.238.0930 ›‘œtwš“;t AlvinBierbaum 222CrestviewDrive›Iœtwš“;t 651.330.9088alvinbierbaum@q.com ;©’9ã¦z©;­t 12/31/2015Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t AllanIge 1745ClarenceSt.›Iœtwš“;t yemkoby@hotmail.com ;©’9ã¦z©;­t 12/31/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t DaleTrippler 2691BarclaySt›Iœtwš“;t 651.490.1485 ;©’9ã¦z©;­t 12/31/2015Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t z-;/wz©¦;©­š“TusharDesai 2973EdwardSt›Iœtwš“;t 651.484.2132 ;©’9ã¦z©;­t 12/31/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t YayaDiatta 1140SterlingLaneN.›Iœtwš“;t diattay@yahoo.com ;©’9ã¦z©;­t 12/31/2016Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t 651.266.9080 BillKempe 3010FurnessCt.N.›Iœtwš“;t wckempe@yahoo.com ;©’9ã¦z©;­t 12/31/2016Maplewood,MN55109›/œtwš“;t 651.226.7933 ›‘œtwš“;t PoliceCivilServiceCommission {·EE[zz­š“t;©©z;w’;Ò㠁;©©z;uw’;Òã¸-zu’¦Œ;ޚš7u’“uÒ­ /wz©JamesMeehan 3029BartelmyLane›Iœtwš“;t ;©’9ã¦z©;­t 12/31/2014Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t 651.274.5342 {;-©;·©ä LisaMarieLiddell 439OdayCircle›Iœtwš“;t 651.592.8126 ;©’9ã¦z©;­t 12/31/2015Maplewood,MN55119›/œtwš“;t ›‘œtwš“;t DebraBirkholz 1989DuluthSt.›Iœtwš“;t 651.490.9759dbirkholz@preshomes.org ;©’9ã¦z©;­t 12/31/2016Maplewood,MN55109›/œtwš“;t ›‘œtwš“;t Page4of4 Thursday,October16,2014 Agenda Item 4.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: October 14, 2014, for the October 20 ENR Commission Meeting SUBJECT: Maplewood GreenCorps Host Site Introduction Minnesota GreenCorps,coordinated by the Minnesota Pollution Control Agency (MPCA), began in September 2009. The goal of Minnesota GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of environmental professionals. The program places AmeriCorps members with host organizations around the state to assist communities and local governments in addressing a variety of statewide needs, aiming to: Reduce solid waste and increase recycling in Minnesota communities. Reduce greenhouse gases and other air pollutants. Reduce water runoff and improve water quality. Assist community members to take eco-friendly actions. Increase community resilience and build local capacity to respond to the threats of climate change. Train new environmental professionals. Background Maplewood GreenCorps Application City staffsubmitted an application to host one GreenCorpsmember for the City of Maplewood from October 2014 to July 2015. Host sites are expected to focus on projects and member position descriptions outlined in the GreenCorps application guide. Maplewood’s application included a service position that would provide outreach and education on energy conservation. Energy contributes 64% of greenhouse gas emissions (45% commercial and industrial energy use and 23% residential energy use). Maplewood’s commercial and industrial buildings cover 16.866 million square feet. Of these, 407 buildings cover 10 million square feet including a regional mall (Maplewood Mall) and 3M buildings. Over 57% of Maplewood’s commercial and industrial buildings are below 10,232 square feet in size. In order to meet State greenhouse gas reduction and City energy goals, the City adopted the Green Building Code, Energy Efficiency and Conservation Strategy plan, and other energy policies. The Energy Conservation GreenCorps service position will allow the City to create and implement an incentive and award based program for the City's Green Building Code, encouraging commercial, industrial, and residential building owners to voluntarily commit to the energy conservation best practice detailed in the Code. Education and technical assistance offered by the project will serve all commercial, industrial, and residential building owners, especially the smaller buildings and business operators who have limited resources for this type of work. 1 MaplewoodGreenCorpsHostSite Maplewoodwaschosentobeoneof40GreenCorpshostsitesforthe2014/2015serviceyear. Maplewood’sGreenCorpsmember,JoeBallandby,willbeginhisserviceonWednesday, October15.JoewillbepresentattheOctober20ENRCommissionmeetingtointroduce himselfandgiveabriefdescriptionofhisenergyfocusproject.Additionaldetailswillbe presentedtotheCommissioninNovemberwhentheCity,inpartnershipwithX-CelEnergy,will giveapresentationonourPartnersinEnergyproject. Recommendation Noactionisrequired. 2 Agenda Item 4.c. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: October 15, 2014 for the October 20 ENR Commission Meeting SUBJECT: Resolution of Appreciation for Judith Johannessen and Cynthia Schafer Introduction Judith Johannessen has beena member of the Environmental and Natural Resources Commission for six years and three months, serving from August 14, 2008to September 30, 2014. Cynthia Schafer has been a member of the Environmental and Natural Resources Commission for one year and nine months, serving from November 15, 2012 to September 30, 2014. Background Commissioners Johannessen and Schafer both had terms that expired on September 30, 2014, and both chose not to seek reappointment.The Environmental and Natural Resources Commissionshould review the attached Resolution of Appreciation for both Commissioners and make a recommendation on these resolutions tothe City Council. Recommendation Recommend approval of the attached Resolutions of Appreciation for Judith Johannessen and Cynthia Schaferfor their years of service on the Environmental and Natural Resources Commission. Attachment 1.Resolution of Appreciationfor Judith Johannessen 2.Resolution of Appreciation for Cynthia Schafer Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Judith Johannessen has been a member of the Maplewood Environmental and Natural Resources Commission for six years and three months, serving from August 14, 2008 to September 30, 2014. Ms. Johannessen has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Johannessen has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Johannessen has shown dedication to her duties and has consistently contributed her leadership and efforts for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Judith Johannessen is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on November 10, 2014. ______________________________ Nora Slawik, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on October 20, 2014. ______________________________ Ann Palzer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Attachment 2 RESOLUTION OF APPRECIATION WHEREAS, Cynthia Schafer has been a member of the Maplewood Environmental and Natural Resources Commission for one year and nine months, serving from November 15, 2012 to September 30, 2014. Ms. Schafer has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms.Schafer has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Schafer has shown dedication to her duties and has consistently contributed her leadership and efforts for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Cynthia Schafer is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on November 10, 2014. ______________________________ Nora Slawik, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on October 20, 2014. ______________________________ Ann Palzer, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Agenda Item 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Tree Ordinance DATE: October 15, 2014, for the October 21 ENR Commission Meeting INTRODUCTION The City’s tree ordinance was adopted by the City Council in 2006. The Environmental and Natural Resources (ENR) Commission has been reviewing the tree ordinance to ensure the City’s Living Streets policies are met and propose updates to meet the City’s tree preservation goals. DISCUSSION In September the Commission recommended astandards document be created for the tree ordinance. All of the applicant requirements related to tree preservation, removal, replacement and shade tree pest management would be removed from the ordinance and placed in the document. Standards can be modified from time to time to meet current State, County, City policies and goals, without a full ordinance amendment. Standards cannot be contrary, replace, or supersede City ordinances. Attached for review are the tree ordinance (Attachment 1),tree standards (Attachment 2), and a comparison of the September to October ordinance revisions(Attachment 3). The comparison reflects minor wording changes and the removal of the applicant requirements from the ordinance, which have now been placed in the standards. RECOMMENDATION Review the tree ordinance and standards and offer comment and feedback. Attachment: 1.Tree Ordinance 2.Tree Standards 3.Tree Ordinance (Comparison of Septemberand October Versions) Attachment 1 Tree Ordinance Draft for the October 2014 ENR Commission Meeting This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V (Environmentand Natural Resources), Division 3 (Trees)and revises and adds new language as outlined below: Article V. Environment and Natural Resources Division 3. Trees Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures,reduce cooling costs,increase property values, provide scenic beauty, provide sound and visual buffers, and provide screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city thereby promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree preservation and protection regulations to assure the continuance of significant and specimen trees and woodlands for present and future generations which: 1.Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2.Ensure the health and wellbeing of Maplewood’s urban forest. 3Protect the health and safety of residents. 4.Protect water quality and minimize storm water runoff. 5.Help prevent erosion or flooding. 6.Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 7.Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 8.Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9.Promote the planting of trees as outlined in the city’s Living Streets Policy. 1 Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicantmeans developer, builder, contractor,or homeowner who applies for a woodlot alteration, land use, grading, or building permit. Caliperinchis a measurement used for nurserystockand in this ordinance refers to replacement trees. It is theunit of measurement for defining thediameter of the tree trunk measured six (6) inches above the soil surfacefor treetrunksfour (4) diameter inches or less and measured twelve (12) inches above the soil surface for tree trunks greater than four (4) diameter inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forestermeans a forester who is employed by the city or appropriate agent or independent contractor designated by the citymanager. Conifer Tree means a woody plant that is a member of the division Pinophyta and at maturity is at least twelve (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 one conifer in our climate that drops its needles in the fall. Controlincludes measures to prevent, slow the spread, suppress, eradicate,or destroya shade tree diseaseor pests. Deciduous Treemeans a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter 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 onehalf (4.5) feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one half (4.5) feet above ground and divide by 3.14. Environmental Plannermeans an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city manager. Hardwood Deciduous Treemeansall deciduous tree species except those listed as softwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and the city forester determines that such failure could cause property damage or personal injury. 2 Invasive Speciesare species that are not native to Minnesota and cause economic or environmental harm or harm to human health. Major Home Additionmeans an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Native Prairiemeansa landscape or planting that consists predominantly ofgrasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Shade Treemeans a woody perennial that at maturity is at least fifteen (15) feet in height and grown primarily for aesthetic or environmental purposes. Shade Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the city council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in diameter for softwood deciduous trees, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or other noxious woody plants or trees as determined by the environmental plannerare not considered a significant tree species at any diameter. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten (10) years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Preservation Planis a plan that shows all trees in the area to be developed or within the property. The plan shallinclude 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 mitigation schedule and a proposed re-forestation landscape plan.The plan shallbe developed by a forestry or horticultural professional whose qualifications are approved by the environmental planner. 3 Tree Standardsis a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living StreetsPolicy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Wetlandas defined in the city’s wetland ordinance. Woodlotmeans a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significantand specimentree(s). Sec. 3. Standards. The environmental planner and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4.Woodlot Alteration. 1.Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the environmental planner for review prior to removal of any significant living trees on a woodlot that is not reviewed by another land use, grading, or building permit.The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the environmental planner. An application fee shall be established yearly by the city council by resolution. Failure to submit a woodlot alteration permit application and subsequent approval prior to removal of significant trees will result in the total tree replacement for the propertyas outlined in the tree mitigation/replacement scheduleto assume that all trees removed were significant and specimentrees. 2.Woodlot alteration permit appeal process. If the woodlot alteration permit is deniedby the environmental planner, the applicant may appeal the environmental planner’s decision. The appeal shallbe submitted in writing,along with the reasons for the appeal, and received by the cityin writing within fifteen (15) days of the environmental planner’s written decisionto deny the permit.The environmental commission will review the appeal at its next available commission meeting. If the environmental commission denies the appeal, the applicant may appeal the environmental commission’s decision. The appeal shallbe submitted in writing, alongwith the reasons for the appeal,and received by the city in writing within fifteen (15) days of the environmental commission’s decision. Thecity council will review the appeal at its next available city council meetingfor final decisionof the appeal. 4 Sec. 5. Tree Preservation Plan. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards is required for any project which requires a woodlot alteration, land use,grading, or building permit; excluding the exemptions and exceptions as outlined in item 1 (Tree Preservation Plan Applicability).A tree preservation plan shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage,and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize thenegative environmental impact to the site. 1.Tree preservation plan applicability. a.This ordinanceshall apply to any individual, business, or entity that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions.This includes all sites of new or redevelopment that contain significant and specimentrees or woodlots. Platting and adding new roadway and right-of-way are subject to this ordinance. b.The following are exceptions and are exempt from the requirements of the tree preservation plan of this ordinance: 1)Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 2)Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. 3)Emergency removal of a tree(s) to protect public health. 4)Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. 5)Commercial tree nursery and landscape operations. 6)Removal of dead or dying trees, unless those trees were planted as part of tree replacement in which case they shallbe replaced based on the approved plan. 7)Removal of nonnative trees that the city deemsinvasive species. 2.Tree preservation and safeguarding tree measures. a.All developments within the city shall be designed to preserve significantand specimentrees and woodlots, where such preservation would not adversely affect the public health, safety,or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant and specimentreessubject to 5 the limitations as defined in this ordinance. This decision shall be based on,but not limited to,the following criteria: 1)Size of trees. 2)Size of lot. 3)Species, health, and attractiveness of the trees, including: a)Sensitivity to disease. b)Life span. c)Nuisance characteristics. d)Sensitivity to site grading. e)Potential for transplanting. f)Need for thinning a woodlot. g)Effects on the functioning of a development. h)Fragmentation of wooded area and effects on wildlife corridors. i)The public health, safety,and welfare. j)Effect on wetlands and/or watershed. k)Native prairieor oak savanna habitat. b.If any significant and specimentree designated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the city foresteror environmental planner that the damaged tree(s) will not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree mitigation/replacement formula. 3.Tree removal, mitigation, andreplacement. a.Tree removal calculation: If less than twenty percent (20%) of the total significant and specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant and specimentree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant and specimen tree diameter inches are removed, applicant shall mitigate all significant and specimen diameter inches using the treemitigation/replacement schedule in accordance with the following formulas: A = Total diameter inches of significant trees lost as a result of the land alteration(includes significant and specimen trees) B = Total diameter inches of significant trees situated on the property C = Tree replacement constant (1.5) * D=Total diameter inches of specimen trees saved E=Replacement trees (number of caliper inches) 6 [((A/B -.2) x 1.5)x A]–[D/2] =E * Applicant receives credit for each one (1)caliper inch of specimen tree saved at a rate of ½ (.5)caliper inches. Example A = 94 B = 234 C =1.5 D =28 E = 14caliper inches [((94/234–.2) x 1.5)x94] –[28/2]=14caliper inches The trees required to be replaced pursuant to this ordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b.Tree mitigation: Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree replacement scheduleand tree preservation plan.After putting as many trees as feasible on the site, if the replacement requirement is still not met, the environmental planner can approvetree replacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit. c.Tree replacementrequirements:The applicant shall follow tree replacement requirements as outlined in the Tree Standards. d.Tree replacement escrow:The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit, as outlined in the Tree Standards. Sec. 6.Diseased and Hazardous Trees. 1.Findings and declaration of purpose. The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees can cause property damage or personal injury. The lossof trees, ill healthof trees,or presence of hazardous trees on public and private property depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to,and in accordance with,Minnesota Statutes, sections89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 7 2.Declaration of a shade tree pest. The city forester or environmental planner may declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pestas defined by Minnesota Statute, section 89.001. 3.Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4.Inspection. a.The city foresterand environmental planner shall have the ability to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stump, and firewood. b.The city foresterand environmental planner may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5.Abatement of shade tree pest nuisances. a.The environmental planner or city forester shall notify in writing the owner of record or occupant of the premise that a public nuisance exists. The notice shall specify the measures to be taken to abate the nuisance and shall specify that the nuisance shallbe abated within a reasonable amount oftime, not less than ten (10) days from the date of mailing. b.If the owner or occupant shall fail to comply with the removal or control measures specified for thehazard tree, infested tree,or wood on his/herproperty as outlined in this ordinance and the Tree Standards, and within the time specified, the city foresteror environmental planner may order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner or occupant. If the bill is not paid within thirty (30)days, the city shall assess the costs to the property. 6.High-cost abatement. If the cost of abating a nuisance from a tree pest will exceed five thousand dollars ($5,000)in a given year or in two consecutive years, based on a reasonable, good faith estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearingas outlined in the Tree Standards.This does not apply to hazardous trees. 8 7.Emergency abatement. Nothing in this ordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 8.No interference with city foresterand environmental planner. It is unlawful for any person to prevent, delay,or interfere with the city foresterand environmental planner while they are engaged in the performance of duties imposed by this ordinance. Sec. 7. Enforcement. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use, building, and grading permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city reserves the right to inspect the site or property at any time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. A stop work order will be lifted only after approval by the environmental planner in writing. This section revises Chapter 12 (Buildingsand Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. Sec. 12-207. General types of work. Before any person shall engage in the business of doing or performing the following types of work in the city he or she shall first obtain a license or register to do so as provided in this ordinance: 1.Cement work, cement blockwork, cement blocklaying or brickwork. 2.General construction, including erection, alteration or repair of buildings. 3.The moving or wrecking of buildings. 4.Plastering, outside stucco work or lathing. 5.Plumbing, including installation of outside sewage disposal plants. 6.Heating. 7.Gas installation, including heating, appliances, devices or machinery, etc. 8.Well drilling. 9.Roofing. 10.Sign and billboard erecting. 11.Excavators for basements, foundations, grading of lots, etc. 9 12.Cesspool and private sewer disposal installers. 13.Sodding and landscaping. 14.Tree service (pruning, removal, treatment, or care). 15.Elevators. Sec. 12-208. Application for and issuance of license; license fees; registration required. 1.Application for any license required bysection 12-207shall be filed with the city clerk on the appropriate form furnished by the city. Any license required bysection 12-207 shall be issued by the city clerk. 2.The license fee for any license required bysection 12-207shall be imposed, set, established and fixed by the city council, by resolution, from time to time. 3.Plumbers, building movers or other crafts, which are licensed by the state and which the city is prohibited from licensing, who undertake to perform work and obtain permits within the city shall first register with the city clerk and shall provide proof ofpublic liability insurance as required by this ordinance. Such state-licensed contractors shall also provide any additional insurance or indemnity bond required by the city council by resolution to protect property of the city when such work is being donein or upon any city street or other public right-of-way or upon any of the city-owned utilities located in such street or right-of-way. Sec. 12-209. Duration of licenses; consequences of nonrenewal. 1.All licenses issued undersection 12-208shall expire on December 31 following the date of issuance, unless sooner revoked or forfeited. 2.If a license granted undersection 12-208is not renewed prior to its expiration, all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Sec. 12-210. Liability insurance. Any person applying for any license enumerated insection 12-207shall file with the city clerk a certificate to the effect that public liability and property damage insurance is in force and shall remain and be in force and effect during the entire term of such license and shall contain a provision that such insurance shall not be cancelled without ten days' written notice to the city. Public liability insurance shall not be less than $25,000.00 for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage insurance in the amount of not less than $5,000.00 on account of damage to any one party and not less than $25,000.00 on account of any one accident. As to gas installers, such public liability insurance shall be for not less than $25,000.00 for injuries, including accidental death, to any one person, and,subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one 10 accident and property damage in the amount of not less than $25,000.00. No license shall be issued until such certificate of insurance shall have been filed and approved by the city clerk. Sec. 12-211. Renewal of license after expiration date. Any person renewing his license undersection 12-208after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed for renewals. Sec. 12-212. Work covered under license issued to general contractors;requirements of subcontractors. 1.A license granted undersection 12-207to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all of the persons performing the work which is classified and listed insection 12-207, providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. 2.Subcontractors on any work classified and listed insection 12-207shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for their particular type of work. Sec. 12-213. Qualifications for licenses. Except as otherwise provided by law, each applicant for a license undersection 12-208shall satisfy the city council that he is competent by reason of education, special training, experience and that he is equipped to perform the work for which a license is requested in accordance with all state laws, city ordinances and this Code. Sec. 12-214. Exemptions for homeowners. A homeowner in the city shall have an exemption, utilized no more often than once every five years, from needing the license for doing or performing any of the various types of work on his own home for which a license is required insection 12-207. Sec. 12-215. Special licenses for certain work. The councilmay, by resolution, provide for any special licenses and set the fees for any work or services pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the council deems in its discretion that the licenses provided for in section 12-207do not properly pertain to the work or service to be covered by suchlicenses. Sec. 12-216. Sewer installer licenses. . . . . Sec. 12-217. Sign installer licenses. . . . . 11 Sec. 12-218. Tree service company licenses. 1.No person shall fell, cut or trim any tree for hire in the city, or engage in the business of so doing,without a license. This shall apply only to the felling, cutting or trimming of trees, limbs and branches which are two (2) inches or more in diameter at the point of cutting or severance. 2.All licensees performing work under this chapter shallcomply with the American National Standards Institute (ANSI) Standard A300. Effective within one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). 12 Attachment 2 Maplewood Tree Standards Draft October 2014 The City of Maplewood has developed tree standards to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy.The standards highlight important aspects of the requirements for tree preservation, removal,replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. 1.Definitions. All definitions as outlined in the Tree Ordinance apply to the Tree Standards including the following additional definitions: Critical Root Zone (CRZ)means an imaginary linear circle surrounding the tree trunk with a radius distance of one and one half (1-1/2) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of twenty four (24) feet). Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Infestationincludes actual, potential, incipient, emergent infestation, or infection by forest pests or shade tree pests. Retaining Wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Wilding Tree means a tree that was not grown or maintained by a nursery. 2.Tree preservation plan.A tree preservation plan is required for any project which requires a woodlot alteration, land use, grading, or building permit; excluding the exemptions and exceptions as outlined in the Tree Ordinance. A tree preservation plan shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. The tree preservation plans shall include the following: a.A tree inventory overlay on the site plans that shows size, species, general health, and location of all significant and specimen trees located within the 1 property where significant and specimen tree removal is proposed. The tree inventory plan: 1)Shall be drawn at the same scale as the other site plan submittals and shall coincide with required engineering documents such as topography maps, wetland information, grading plans, road locations, and building locations; 2)Shall include trees growing in clump form. These trees will be considered individual trees and each stem/trunk is measured as individual trees. 3)Include the location of groups of standing dead or diseased significant and specimen trees. 4)Include the outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant and specimen tree size threshold and any indication of the presence of epidemic tree diseases. 5)Include significant and specimen trees (species anddiameter) identified in both graphic and tabular form. 6)Include locations of the proposed buildings, structures, or impervious surfaces. 7)Include delineation of all limits of land disturbance, clearing, grading, and trenching. b.A list of total diameter inches of all healthy significant and specimen trees inventoried. c.The total diameter inches of healthy significant and specimen trees removed. d.Location of trees protected 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 redi-mix trucks. e.Protection measures for replacement trees being planted in areas with high deer population. f. The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. g.Size, species, number, and location of all replacement trees and woody shrubs proposed to be planted on the property, planted on city property, or amounts to be paid into the city’s tree fund in accordance with the tree mitigation/replacement schedule. 2 h.All tree preservation plans shall be performed by a forestry or horticultural professional whose qualifications are approvedby the environmental planner. i. The tree preservation plan shall be reviewed by the environmental planner for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. 3.Safeguarding preserved trees. The following measures will be taken to ensure survival of trees scheduled to be preserved: a.Layout of the project site utility and grading plans shall accommodate the tree preservation areas. Utilities are recommended to be placed along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. b.Custom grading, retaining walls, or tree wells to maintain existing grade for preserved trees can be used. c.Prior to issuance of a grading or building permit the environmental planner may require one or all of the following measures for safeguarding preserved trees: 1)Tree protective areas shall be located at a minimum of the CRZ of trees or drip line, whichever is greater, whenever possible. Saving groups or stands of trees is encouraged over protecting individual trees scattered throughout the site. 2)Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing shall be self-supportive. Active tree protection areas with “Tree Save Area” signs posted and readable from at least ten (10) feet away. Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. 3)Use of passive forms of tree protectionmay be allowed, i.e., tree protection fencing consisting of continuous rope or flagging (heavy mil plastic four (4) inches or wider) with visible signage stating “Keep Out” or “TreeSave Area”. 4)Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. 5)Minimize tree wounding by felling or removing trees away from trees remaining on site. 3 6)Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree protection areas. 7)Measures such as deep mulching may be required in some situations. 8)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 July 1 fresh wounds shall be covered with nontoxic tree wound sealant or latex paint. 9)Failure to safeguard trees as outlined above will result in the city issuing a stop work order for the development or issuing citations per city code. d.No construction work shall begin until tree protection fencing has been installed, inspected, and approved by the environmental planner. Once environmental planner approves tree protection fencing or devices it shall not be altered or removed without environmental planner approval. 4.Post construction tree care mitigation. The city may require post construction tree care mitigation for trees protected to include: a.Tree root aeration, fertilization, and/or irrigation systems. b.Therapeutic pruning. c.Mitigate soil compaction by the following: d.Mulch drive lanes with eight (8) to ten (10) inches of woodchips. e.Soil fracturing with deep tillage or other similar methods. f.Inclusion of organic matter to existing soil. g.Core aeration. 5.Tree mitigation.Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree replacement schedule and tree preservation plan. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the environmental planner can approve tree replacement steps as outlined below prior to issuance of a grading or building permit: 4 a.Planting replacement trees on city property under the direction of the environmental planner. b.Paying the city a sum per diameter inch in accordance with the tree replacement schedule set forth in the city fee schedule. Payment shall be deposited into an account designated specifically for tree planting on public property or providing financial assistance for properties that want to voluntarily plant trees. c.Native or drought tolerant shrubs that are not required as part of foundation, screening, or other city-required plantings will qualifytowards tree replacement at a rate of .5 caliper inches per number three (#3) shrub. 6.Tree replacement requirements.The applicant shall follow tree replacement requirements as outlined below: a.Three-year replacement period: The applicantshall maintain replacement trees for three (3) years after planting. If any tree requires replacement during this three (3) year period, the replacement period shall start at the date the replacement tree was planted. Trees required to be planted pursuant to any other provision of the city ordinances are not included in this and shall be replaced according to such ordinance. b.Species requirements: Where ten (10) or more replacement trees are required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental planner. Tree species native to the Maplewood area are preferred. Species considered invasive by the environmental planner shall not be planted. c.Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota Statutes, section 18.46 and shall be hardy for USDA plant hardiness zones 2, 3, or 4 (hardiness rated trees) or other trees including wilding trees, so long as such wilding trees complywith the following standards and are approved by the environmental planner. All replacement trees shall be healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the maximum height as shown on thetable below: Caliper InchesMaximum Height (Feet) 2-318 3-420 4-524 5 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree shall have a branch within seven (7) feet of the surface of the surrounding ground). d.Tree replacement size shall be no less than two (2) caliper inches deciduous or six (6) foot height conifer tree unless pre-approved by the environmental planner. Use the following table to convert conifer trees to caliper inches: Conifer Tree Height (Feet)Caliper Inches 62.0 72.5 83.0 93.5 104.0 114.5 125.0 e.Trees required to be planted pursuant to any other provision of city ordinances shall comply with tree size specification of such ordinance. 7.Tree replacement escrow. The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit.The tree replacement escrow will be equal tothe amount paid per diameter inch for replacement trees as specified in the tree mitigation section. The escrow will be held by the city until successful completion of final planting inspection and assurance that the trees are covered by at least a one (1) year warranty for replacement. In areas where trees are planted in an area with heavy deer population or other tree hazards not normally covered under a warranty, the city may hold the escrow for longer to ensure viability of trees. It shall be the applicant’s responsibility to call for such inspection. Tree replacement escrow does not include other escrows required pursuant to any other provision of city ordinances or city directive. 8.Public nuisances. The following may bedeclared nuisances whenever they are found within the city: a.Any living or standing elm tree (Ulmus spp.) or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors the elm bark beetles Scolytus multistriatus(Eichh.) or Hylurgopinus rufipes (Marsh). 6 b.Any dead elm tree or part thereof including logs, branches, stumps, firewood, or other material from which the bark has not been removed. Proper disposal of removed bark includes chipping or burning. c.Any living, standing, or dead oak tree (Quercus spp.) or part thereof infected to any degree with the oak wilt fungus Certocystis fagacearum (Bretz) Hunt. Also, any living, standing, or dead oak tree that, due to its proximity to an oak infected with oak wilt, possesses a threat of transmission of the oak wilt fungus to other oak trees through interconnected root systems. d.Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with infestation of emerald ash borer (Agrilus planipennis). e.Other shade trees or parts thereof infested with shade tree pests that are epidemic. f.Hazardous trees. 9.Abatement of shade tree pest nuisances. a.The abatement measures required may include removal of an infested tree or wood to control the airborne spread of epidemic shade tree pests. If the city forester or environmental planner finds that Dutch elm disease or oak wilt threatens to crossproperty boundaries, the city foresteror environmental planner may require root graft disruption to prevent the spread of the disease through roots. b.For hazardous trees abatement may include removal of branches or the whole tree or other control measures that are widely accepted to abate the nuisance. 10.High cost abatement. a.The owner or occupantmay request a high cost abatement matter re referred to the city council for a hearing as outlined below: 1)The owner or occupant shall notify the city forester or environmental planner within twenty (20) days of the date on the abatement notification letter, provide an estimate from a certified arborist, and provide in writing a request for exemptions and the reasons for exemption. 2)The city forester or environmental planner will notify the owner or occupant of the date, time, and location of the hearing at least three (3) days in advance of the hearing. 7 3)The owner or occupant shall be given the opportunity to present evidence at the hearing. 4)The city council may modify the abatement notice or extend the time by which abatement shall be completed. 8 Attachment 3 Tree Ordinance Draft for the SeptemberOctober 2014 ENR Commission Meeting This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V (Environmentand Natural Resources), Division 3 (Trees)and revises and adds new language as outlined below: Article V. Environment and Natural Resources Division 3. Trees Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures,reduce cooling costs,increase property values, provide scenic beauty, provide sound and visual buffers, and provide screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city thereby promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree preservation and protection regulations to assure the continuance of significant and specimen trees and woodlands for present and future generations which: 1.Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2. Ensure the health and wellbeing of Maplewood’s urban forest. 3 Protect the health and safety of residents. 4.Protect water quality and minimize storm water runoff. 5.Help prevent erosion or flooding. 6. Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 7.Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 8. Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9.Promote the planting of trees as outlined in the city’s Living Streets Policy. 1 Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicantmeans developer, builder, contractor,or homeowner who applies for a woodlot alteration, land use, grading, or building permit. Caliperinchis a measurement used for nurserystockand in this ordinance refers to replacement trees. It is theunit of measurement for defining thediameter of the tree trunk measured six (6) inches above the soil surfacefor treetrunksfour (4) diameter inches or less and measured twelve (12) inches above the soil surface for tree trunks greater than four (4) diameter inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forestermeans a forester who is employed by the city or appropriate agent or independent contractor designated by the citymanager. Conifer Tree means a woody plant that is a member of the division Pinophyta and at maturity is at least twelve (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 one conifer in our climate that drops its needles in the fall. Controlincludes measures to prevent, slow the spread, suppress, eradicate,or destroya shade tree diseaseor pests. Critical Root Zone (CRZ)means an imaginary linear circle surrounding the tree trunk with a radius distance of one and one half (1-1/2) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of twenty four (24) feet). Deciduous Treemeans a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter 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 (4.5) feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one half (4.5) feet above ground and divide by 3.14. Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Environmental Plannermeans an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city manager. 2 Hardwood Deciduous Tree meansall deciduous tree species except those listed as softwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and the city forester determines that such failure could cause property damage or personal injury. Infestationincludes actual, potential, incipient, emergent infestation,or infection by forest pests or shade tree pests. Invasive Speciesare species that are not native to Minnesota and cause economic or environmental harm or harm to human health. Major Home Additionmeans an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Native Prairiemeansa landscape or planting that consists predominantly ofgrasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Retaining Wallmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Shade Treemeans a woody perennial that at maturity is at least fifteen (15) feet in height and grown primarily for aesthetic or environmental purposes. Shade Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the city council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in diameter for softwood deciduous trees, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or other noxious woody plants or trees as determined by the environmental plannerare not considered a significant tree species at any diameter. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. 3 Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten (10) years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Preservation Planis a plan that shows all trees in the area to be developed or within the property. The plan shallinclude 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 mitigation schedule and a proposed re-forestation landscape plan.The plan shallbe developed by aforestry or horticultural professional whose qualifications are approved by the environmental planner. Tree Standardsis a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Wetlandas defined in the city’s wetland ordinance. Wilding Tree means a tree that was not grown or maintained by a nursery. Woodlotmeans a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significantand specimentree(s). Sec. 3. Standards. The environmental planner and city forestershall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4.Woodlot Alteration. 1.Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the environmental planner for review prior to removal of any significant living trees on a woodlot that is not reviewed by another land use, grading, or building permit.The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the environmental planner.An application fee shall be established yearly by the city council by resolution. Failure to submit a woodlot alteration permit 4 application and subsequent approval prior to removal of significant trees will result in the total tree replacement for the propertyas outlined in the tree mitigation/replacement scheduleto assume that all trees removed were significant orandspecimentrees. 2.Woodlot alteration permit appeal process. If the woodlot alteration permit is deniedby the environmental planner, the applicant may appeal the environmental planner’s decision. The appeal shallbe submitted in writing,along with the reasons for the appeal, and received by the cityin writing within fifteen (15) days of the environmental planner’s written decisionto deny the permit.The environmental commission will review the appeal at its next available commission meeting. If the environmental commission denies the appeal, the applicant may appeal the environmental commission’s decision. The appeal shallbe submitted in writing, alongwith the reasons for the appeal,and received by the city in writing within fifteen (15) days of the environmental commission’s decision. The city council will review the appeal at its next available city council meetingfor final decisionof the appeal. 5 Sec. 45. Tree preservation planPreservation Plan. A tree preservation planas defined in this ordinance and outlined in the Tree Standardsis required for any project which requires a woodlot alteration, land use,grading, or building permit; excluding the exemptions and exceptions as outlined in item 1 (Tree preservation plan applicability).Preservation Plan Applicability).A tree preservation plan shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage,and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. 1.Tree Preservation Plan Applicabilitypreservation plan applicability. a.This ordinanceshall apply to any individual, business, or entity that requests a woodlot alteration, land use, grading, or building permit., including a building permits for major home additions.This includes all sites of new developmentor redevelopmentthat containsignificant orandspecimentrees or woodlots. Platting and adding new roadway and right-of-way are subject to this ordinance. b.The following are exceptions and are exempt from the requirements of the tree preservation plan of this ordinance: 1)Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 2)Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. 3)Emergency removal of a tree(s) to protect public health. 4)Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. 5)Commercial tree nursery and landscape operations. 6)Removal of dead or dying trees, unless those treeswere planted as part of tree replacement in which case they shallbe replaced based on the approved plan. 7)Removal of nonnative trees that the city deemsinvasive species. c2.Tree preservation plans shall include the following: 1)Aand safeguardingtree inventory overlay on the site plansthat shows size, species, general health, and location of all significant and specimen trees 6 located within the property where significantand specimentree removal is proposed.The tree inventory plan: a)Shallbe drawn at the same scale as the other site plan submittals and shallcoincide with required engineering documentssuch as topography maps, wetland information, grading plans, road locations,and building locations; b)Shallinclude trees growing in clump form. These trees will be considered individual trees and each stem/trunk is measured as individual trees. c)Include the location of groups of standing dead or diseased significant or specimen trees. d)Include the outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant or specimen tree size threshold and any indication of the presence of epidemic tree diseases. e)Include significantand specimentrees (species and diameter) identified in both graphic and tabular form. f)Include locations of the proposed buildings, structures, or impervious surfaces. g)Include delineation of all limits of land disturbance, clearing, grading, and trenching. 2)A list of total diameter inches of all healthy significantand specimentrees inventoried. 3)The total diameter inches of healthy significant and specimen trees removed. 4)Location of trees protected and the proposed for protection including measures delineation of tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and wash out area for redi-mix trucks. . 5)Protection measures for replacement trees being planted in areas with high deer population. 6)The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. 7 7)Size, species, number,and location of all replacement trees and woody shrubs proposed to be planted on the property, planted on city property, or amounts to be paid into the city’s tree fund in accordance with the tree mitigation/replacement schedule. 8)All tree preservation plans shall be performed by a forestry or horticultural professional whose qualifications are approved by the environmental planner. 9)The tree preservation plan shall be reviewed by the environmental planner, with advisement from the city forester,for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. 2.Tree Preservation and Safeguarding Tree Measures a.All developmentswithin the city shall be designed to preserve significantand specimentrees and woodlots, where such preservation would not adversely affect the public health, safety,or welfare of Maplewood citizens. The city may prohibit removal of all or a part of awoodlot or significant orandspecimentreessubject to the limitations as defined in this ordinance. This decision shall be based on,but not limited to,the following criteria: 1)Size of trees. 2)Size of lot. 3)Species, health, and attractiveness of the trees,including: a)Sensitivity to disease. b)Life span. c)Nuisance characteristics. d)Sensitivity to site grading. e)Potential for transplanting. f)Need for thinning a woodlot. g)Effects on the functioning of a development. h)Fragmentation of wooded area and effects on wildlife corridors. i)The public health, safety,and welfare. j)Effect on wetlands and/or watershed. k)Native prairieor oak savanna habitat. b.The following measures are required for safeguarding preserved trees: 1)Tree protective areas shall be located at a minimum of the CRZ of trees or drip line, whichever is greater,whenever possible.Saving groups or stands of trees is encouraged over protecting individual trees scattered throughout the site. 8 2)Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing).Fencing shallbe self-supportive. All active tree protection areas shall be designated as such with “Tree Save Area” signs that are posted and readable from at least ten (10) feet away. 3)Use of passive forms of tree protection requires approval from environmental plannerin writing. Passive forms of tree protection fencing include use of continuous rope or flagging (heavy mil plastic four (4) inches or wider) with visible signage stating “Keep Out”or “Tree Save Area”. 4)Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. 5)No construction work shall begin until tree protection fencing has been installed, inspected, and approved by the environmental planner. Once environmental planner approves tree protection fencing or devices it shall not be altered or removed without environmental planner approval. 6)Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. No grade change, construction activity, storage or staging of materials shall occur within this fenced area. 7)Custom grading, retaining walls,or tree wells to maintain existing grade for preserved trees can be used. 8)Layout of the project site utility and grading plans shallaccommodate the tree preservation areas. Utilities are recommended to be placed along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. 9)Minimize tree wounding by felling or removing trees away from trees remaining on site. 10)Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree protection areas. 11)Measures such as deep mulching may be required in some situations. 12)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 July 1 fresh wounds shall be covered with nontoxic tree wound sealant or latex paint. 9 13)Failure to safeguard trees as outlined above will result in the city issuing a stop work order for the development or issuing citations per city code. c.The city may require post construction tree care mitigation for trees protectedto include: 1)Tree root aeration, fertilization, and/or irrigation systems. 2)Therapeutic pruning. 3)Mitigate soil compaction bythe following: a)Mulch drive lanes with eight (8) to ten (10) inches of woodchips. b)Soil fracturing with deep tillage or other similar methods. c)Inclusion of organic matter to existing soil. 4)Core aeration. d.If any significant orandspecimentree designated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the city foresteror environmental planner that the damaged tree(s) will not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree mitigation/replacement formula. 3.Tree Removal, Mitigationremoval, mitigation, and Replacementreplacement. a.Tree Removal Calculationremoval calculation:If less than twenty percent (20%) of the total significant and specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant orandspecimen tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant and specimen tree diameter inches are removed, applicant shall mitigate all significant and specimen diameter inches using the tree mitigation/replacement schedule in accordance with the following formulas: A = Total diameter inches of significant trees lost as a result of the land alteration(includes significant and specimen trees) B = Total diameter inches of significant trees situated on the property C = Tree replacement constant (1.5) * D=Total diameter inches of specimen trees saved E=Replacement trees (number of caliper inches) 10 [((A/B -.2) x 1.5)x A]–[D/2] =E * Applicant receives credit for each one (1)caliper inch of specimen tree saved at a rate of .½ (.5)caliper inches. Example A = 94 B = 234 C =1.5 D =28 E = 714caliper inches [((94/234–.2) x 1.5)x94] –[28/2]=14caliper inches The trees required to be replaced pursuant to this ordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b.Tree Mitigationmitigation:Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree replacement scheduleand tree preservation plan.After putting as many trees as feasible on the site, if the replacement requirement is still not met, the environmental planner can approvethe followingtreereplacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit:. 1)Native or drought tolerant shrubs that are not required as part of foundation, screening, or other city-required plantings will qualify towards tree replacement at a rate of .5 caliper inches per number three (#3)shrub. 2)Planting replacement trees on city propertyunder the direction of the environmental planner. 3)Paying the city a sum per diameter inch in accordance with the tree replacement scheduleset forth in the city fee schedule.Payment shall be deposited into an account designated specifically for tree planting on public propertyor providing financial assistance for properties that want to voluntarily plant trees or need to remove diseased trees. c.Tree Replacement: For replacementtrees, the following standards shall be met: 11 1)requirements:The applicant shall be required to maintain trees for three (3) yearsafter planting. Ifany tree requiresreplacement during this three (3) year period, the replacement period shall start at the date the replacement tree was planted. Trees required to be planted pursuantto any other provision of the city ordinances are not included in this and shall be replaced according to such ordinance. 2)Species requirements: Where ten (10) or more replacement trees arerequired, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental planner.follow tree replacement requirements as outlined in the Tree species native to the Maplewood area are preferred.Species considered invasive by the environmental planner shall not be planted.Standards. 3)Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota Statutes, section 18.46 and shall be hardy for USDA plant hardiness zones2, 3,or 4 (hardiness rated trees) or other trees including wilding trees, so long as such wilding trees comply with the following standards and are approved by the environmental planner. All replacement trees shall be healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the maximum height as shown on the table below: CALIPER INCHESMAXIMUM HEIGHT (FEET) 2-318 3-420 4-524 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree shallhave a branch within seven (7) feet of the surface of the surrounding ground). 4)Tree replacement size shallbeno less than two (2) caliper inches deciduous or six (6) foot height conifer tree unless pre-approved by the environmental planner. Use the following table to convert conifer trees to caliper inches: CONIFER TREE HEIGHT (FEET)CALIPER INCHES 6 feet2 7 feet2.5 8 feet3 9 feet3.5 10 feet4 11 feet4.5 12 feet5 12 Trees required to be planted pursuant to any other provision of city ordinances shallcomply with tree size specification of such ordinance. d.Tree replacement escrow.:The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit. Tree replacement escrow will be equal to the amount paid per diameter inch for replacement trees as specified in the tree mitigation section. The escrow will be held by the city until successful completion of final planting inspectionand assurance that the trees are covered by at least a one-year warranty for replacement.In areas where trees are planted in an area with heavy deer population or other tree hazards not normally covered under a warranty, the city may hold the escrow for longer to ensure viability of trees. It shall be the applicant’s responsibility to call for such inspection. Tree replacement escrow does not include other escrows required pursuant to any other provision of city ordinances or city directive., as outlined in the Tree Standards. Sec. 56. Diseased and Hazardous Trees. 1.Findings and Declarationdeclarationof Purposepurpose. The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees can cause property damage or personal injury. The lossof trees, ill healthof trees, or presence of hazardous trees on public and private property depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to,and in accordance with,Minnesota Statutes, sections89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 13 2.Declaration of a Shade Tree Pestshade tree pest. The city councilforester or environmental plannermayby ordinancedeclare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pestas defined by Minnesota Statute, section 89.001. 3.Public Nuisances The following are hereby declared nuisanceswhenever they are found within the city:. a.Any living or standing elm tree (Ulmus spp.) or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). b.Any dead elm tree or part thereof, including logs, branches, stumps, firewood,or other material from which the bark has not been removed. Proper disposal of removed bark includes chipping or burning. c.Any living, standing, or dead oak tree (Quercus spp.) or part thereof infected to any degree with the oak wilt fungus Certocystis fagacearum (Bretz) Hunt. Also, any living, standing, or dead oak tree that, due to its proximity to an oak infected with oak wilt, possesses a threat of transmission of the oak wilt fungus to other oak trees through interconnected root systems. d.Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with infestation of emerald ash borer (Agrilus planipennis). e.Other shade trees or parts thereof infested with shade tree peststhat are epidemic. f.Hazardous trees. g.Any tree obstructing the view of vehicular or pedestrian traffic on public streets or pathways. 4.Inspection Public nuisances relating to trees are outlined in the Tree Standards. 4.Inspection. a.The city foresterand environmental planner shall have the ability to inspect all premises and places within the city as often as practical to determine whether any condition described above exists thereonfor public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stump, and firewood. In 14 addition, the city forestershall investigate all reported incidents of hazardous trees or trees infested by Dutch elm fungus, elm bark beetles, oak wilt, emerald ash borer,or other epidemic pests of shade trees. b.The city foresterand environmental plannermay enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. c.Diagnosis of shade tree pests may be by the presence of commonly recognized symptoms; by tests recommended by the commissioner of Agriculture or the commissioner of the Minnesota Department of Natural Resources; or other reliable means. The city forestermay remove or cut specimens from the tree in such manner as to avoid permanent injury thereto. No action to remove living trees or wood shall be taken until positive diagnosis of the nuisance has been made. 5.Abatement of Shade Tree Pest Nuisancesshade tree pest nuisances. a.The environmental planner or city forester shall notify in writing the owner of record or occupant of the premise that a public nuisance exists. The notice shall specify the measures to be taken to abate the nuisance and shall specify that the nuisance shallbe abated within a reasonable amount oftime, not less than ten (10) days from the date of mailing. b.The abatement measures required may include removal of an infested tree or wood to control the airborne spread of epidemic shade tree pests. If the city foresterfinds that Dutch elm disease or oak wilt threatens to cross property boundaries, the city forestermay require root graft disruption to prevent the spread of the disease through roots. The environmental planner or city forester may require other control measures that are widely accepted to abate the nuisance as needed to prevent the spread of shade tree pests. c.For hazardous trees abatement may include removal of branches or the whole tree or other control measures that are widely accepted to abate the nuisance. db.If the owner or occupant shall fail to comply with the removal or control measures specified for thehazard tree, infested tree,or wood on his/herproperty as outlined in this ordinance and the Tree Standards, and within the time specified, the city foresteror environmental planneror city forestermay order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner or occupant. If the bill is not paid withinthirty (30)days, the city shall assess the costs to the property. 6.High-Cost Abatementcost abatement. 15 If the cost of abating a nuisance from a tree pest will exceed five thousand dollars ($5,000)in a given year or in two consecutive years, based on a reasonable, good faith estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearing.This does not apply to hazardous trees. The owner or occupant shallnotify the city foresterwithin twenty (20)days of the date on the notification letter, provide an estimate from acertified arborist, and provide in writing a request for exemption and the reasons for exemption. The city foresterwill notify the owner or occupant of the date, time, and location of the hearing at least three (3) days in advance of the hearing. The owner, occupant,or their agent shall be given the opportunity to present evidence at the hearing. The city council may modify the abatement notice or extend the time by which abatement shallbe completedas outlined in the Tree Standards.This does not apply to hazardous trees. 7.Emergency Abatementabatement. Nothing in this ordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 8.No Interferenceinterferencewith City Forestercity foresterand environmental planner. It is unlawful for any person to prevent, delay,or interfere with the city foresterand environmental planner while they are engaged in the performance of duties imposed by this ordinance. Sec. 6. Standards. The city manager or their designeeshall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 7. Enforcement. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use, building, and grading permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city reserves the right to inspect the site or property at any time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. A stop work order will be lifted only after approval by the environmental planner in writing. This section revises Chapter 12 (Buildingsand Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. 16 Sec. 12-207. General types of work. Before any person shall engage in the business of doing or performing the following types of work in the city he or she shall first obtain a license or register to do so as provided in this ordinance: 1.Cement work, cement blockwork, cement blocklaying or brickwork. 2.General construction, including erection, alteration or repair of buildings. 3.The moving or wrecking of buildings. 4.Plastering, outside stucco work or lathing. 5.Plumbing, including installation of outside sewage disposal plants. 6.Heating. 7.Gas installation, including heating, appliances, devices or machinery, etc. 8.Well drilling. 9.Roofing. 10.Sign and billboard erecting. 11.Excavators for basements, foundations, grading of lots, etc. 12.Cesspool and private sewer disposal installers. 13.Sodding and landscaping. 14.Tree service (pruning, removal, treatment, or care). 15.Elevators. Sec. 12-208. Application for and issuance of license; license fees; registration required. 1.Application for any license required bysection 12-207shall be filed with the city clerk on the appropriate form furnished by the city. Any license required bysection 12-207 shall be issued by the city clerk. 2.The license fee for any license required bysection 12-207shall be imposed, set, established and fixed by the city council, by resolution, from time to time. 3.Plumbers, building movers or other crafts, which are licensed by the state and which the city is prohibited from licensing, who undertake to perform work and obtain permits within the city shall first register with the city clerk and shall provide proof of public liability insurance as required by this ordinance. Such state-licensed contractors shall also provide any additional insuranceor indemnity bond required by the city council by resolution to protect property of the city when such work is being done in or upon any city street or other public right-of-way or upon any of the city-owned utilities located in such street or right-of-way. Sec. 12-209. Duration of licenses; consequences of nonrenewal. 1.All licenses issued undersection 12-208shall expire on December 31 following the date of issuance, unless sooner revoked or forfeited. 17 2.If a license granted undersection 12-208is not renewed prior to its expiration, all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Sec. 12-210. Liability insurance. Any person applying for any license enumerated insection 12-207shall file with the city clerk a certificate to the effect that public liability and property damage insurance is in force and shall remain and be in force and effect during the entire term of such license and shall contain a provision that such insurance shall not be cancelled without ten days' written notice to the city. Public liability insurance shall not be less than $25,000.00 for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage insurance in the amount of not less than $5,000.00 on account of damage to any one party and not less than $25,000.00 on account of any one accident. As to gas installers, such public liability insurance shall be for not less than $25,000.00 for injuries, including accidental death, to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage in the amount of not less than $25,000.00. No license shall be issued until such certificate of insurance shall have been filed and approved by the city clerk. Sec. 12-211. Renewal of license after expiration date. Any person renewing his license undersection 12-208after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed for renewals. Sec. 12-212. Work covered under license issued to general contractors; requirements of subcontractors. 1.A license granted undersection 12-207to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all of the persons performing the work which is classified and listed insection 12-207, providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. 2.Subcontractors on any work classified and listed insection 12-207shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for their particular type of work. Sec. 12-213. Qualifications for licenses. Except as otherwise provided by law, each applicant for a license undersection 12-208shall satisfy the city council that he is competent by reason of education, special training, experience and that he is equipped to perform the work for which a license is requested in accordance with all state laws, city ordinances and this Code. Sec. 12-214. Exemptions for homeowners. 18 A homeowner in the city shall have an exemption, utilized no more often than once every five years, from needing the license for doing or performing any of the various types of work on his own home for which a license is required insection 12-207. Sec. 12-215. Special licenses for certain work. The council may, by resolution, provide for any special licenses and set the fees for any work or services pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the council deems in its discretion that the licenses provided for in section 12-207do not properly pertain to the work or service to be covered by such licenses. Sec. 12-216. Sewer installer licenses. . . . . Sec. 12-217. Sign installer licenses. . . . . Sec. 12-218. Tree service company licenses. 1.No person shall fell, cut or trim any tree for hire in the city, or engage in the business of so doing,without a license. This shall apply only to the felling, cutting or trimming of trees, limbs and branches which are two (2) inches or more in diameter at the point of cutting or severance. 2.All licensees performing work under this chapter shallcomply with the American National Standards Institute (ANSI) Standard A300. Effectivewithin one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). 19 Agenda Item 7.a. Agenda Item MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Markham Pond Draw Down DATE: October 14, 2014, for the October 21 ENR Commission Meeting INTRODUCTION Markham Pond, a 17 acre pond located in Hazelwood Park, has been identified as a significant carp nursery in the Phalen Chain of Lakes. The Ramsey-Washington Metro Watershed District’s (RWMWD) short-term management goal for the chain of lakes is the elimination of carp in the pond.Carp is a non-native invasive fish species to Minnesota. Carp root around in lake and pond bottoms for food.This activity, along with carpexcretion of nutrients, can have negative impacts on lake water quality and aquatic plant communities. Carp densities over 90 pounds per acre typically result in negative impacts to lake systems. DISCUSSION Attached find the RWMWDOctober Natural Resources update that describes the University of Minnesota’s continued research on carp populations and the Markham Pond drawdownproject. Themain objective of the draw down was to collect carp population data prior to control efforts. On September 18the watershed district opened the valve and started a slow drawdown of the pond. Twofine-meshnets were placed in frontofthe outlet to trapcarp inthe pond. Each net trapped over 250 young-of-the-year carp, ranging in size from 4 to 6 inches. These were the highest carp densities that the University of Minnesota team has seen in the RWMWD. The finding reinforces the fact that Markham is a real threat to the Phalen Chain of Lakes in terms of water quality and ecology. RECOMMENDATION No action is required. Attachment:RWMWD October Natural Resources Update – Markham Pond Drawdown Link:RWMWD CarpManagement: http://www.rwmwd.org/index.asp?Type=B_BASIC&SEC={6167B18D-3959- 498A-9605-7108BA3E6AF3}&DE= Attachment Natural Resources Update – October2014 Bill Bartodziej and Simba Blood Carp Management – Markham Pond Markham has been identified as a significant carp nursery in the Phalen Chain of Lakes. Our short-term goal is to eliminate carp in this pond. Since early-September 2014 we have been in contact with DNR, U of MN, and th Maplewood discussing the fall drawdown for Markham(17 acres). On September 18, we opened the valve and started a slow drawdown of the pond. We placed twofine- mesh nets in frontofthe outlet so that carp are trapped in Markham and do not travel downstream. As we write this, hundreds of adult carp werecautiouslyswimming around in front of the outlet. Nets stakedin front of the outlet – west side of the pond. 1 Hundreds of adult carp are attracted to water flowing out of the pond (red arrows). The north end of Markham with exposed pond bottom. 2 Although large areas of the Markham Pond bottom are already exposed, we estimate that 13 acres (surface area) of water will remain, with a 1.0’ maximum water depth. Staff will work with Greg Nelson at Barr to look into a pump (1,000 GPM) to further reducethe volume and coverage of water in Markham. As you recall, a pump was tried last winter during the drawdown, but severe cold and ice hampered that operation. Staff remains optimistic that we will be able to substantially reduce the volume through pumping, hopefully, reducing the water level by at least another 0.5’.We believe that getting an early start on this effortwill dramatically improve our ability to achieve a more substantial drawdown. U of MN trap-nets, partially exposed,set into place to capture carp (west side). The U of MN carp research team set fish trap-nets to conduct a carp survey. The objective wasto collect carp population data prior to any sort of control effort. After 24- hrs, the nets were pulled. Each net trapped over 250 young-of-the-year carp, ranging in size from 4-6 inches. These were the highest carp densities(in the nets)that the U of MN team has seen in our watershed. This findingvery much reinforcesthe fact that Markham is a real threat to the Phalen Chain, in terms of water quality and ecology. 3 We are in contactwith Dr. JimCotner at the U of MNto partner on a federalpermit to use carbon dioxide to control carpin the remaining pockets of waterafter pumping. Our target is to have less than 3 acresof water remainingwhen the treatment takes place. Permit approval, in part, determines the timing of the treatment, whether it will happen in the fall or early winter.DNR fisheries will also be involved with this effort. We will be closely monitoring Markham during the drawdownoperationand continue to report all significant findings. 4 Agenda Item 8.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Bee Friendly City DATE: October 15, 2014, for the October 20 ENR Commission Meeting INTRODUCTION On September 16, 2014,a group called Pollinator Friendly Stillwater gave a presentation on a community project to help save the pollinators (Attachment 1). One aspect of the project is requesting that the City Council adopt a policy that prohibits the use of neonicotinoids on city properties(Attachment 2). The City of Shorewood adopted such a policy in July 2014 (Attachment 3). Background One ofthe Commission’s goals is reviewing policies and procedures for the use of lawn chemicals. RECOMMENDATION o action isrequired. Link: Pollinator FriendlyStillwater-http://pollinator.lschneider.com/ Attachment 1 Attachment 2 Attachment 3 (''ITY OF SHOREWOOD RESOLUTIONNO. 14- ,A RJES01,111ON ENDORSING "BEE -SAFE" POLICIES AND PROCEDURES WHEREAS, the Shorewood City (,"ouncil and Park Cominission have undertaken ,several,w,ork sessions derficaied to the sludy and understanding ail` promoting, a healthy natural cilvironniern thrOUgh the I-Ccluction and elimination ofharniful pesticides" and WHEREAS, bees, and other pollinators are, ince real to a wide diversity of essential foods including fiwit, nuts, and vegetables" and WHEREAS, native bees and honey bees are threatened due to habitat los�, pesticide use, pathop,ensand parasitcs� and WHEREAS, recent research suggests, that there is a link between pesticides that contain neonicotinoids and the die-offof plant pollinatots, including honcy bees, native 1:Vcs, butterflies, nwth,s, and other insects; and WHEREAS, noonicotinoids arc syntlictic chernical insecticides that arc similar in structure and action to rneoluic, a naturally occurring plant compound, arxl WHEREAS, the City (ouncil rinds it is in the public initcrcst and consistent with adopted City policy for the City to demonstrate its coinnintrent to a saps and healthy, environment through the implementation of pest management practices in the maintenance of the city pnarks, open spaces and city property, NOW, THEREFORE, BE VT RESOLVED by the City, Council of the City of Shorcwoo& 1. ']"he City shall undenake its best efforts to become a Bee -Safe City by undertaking best nianagement practices in the use of plantingg and pesticides in all public places within the City, 1 "Flic City, shall reftain froni the wc and systenaic pesticides on Shorewood City property includin� pesticides fiorn the neonicotinoid family, 3, "llic City shall undertahe its best efforts to plant flowers favorable to bees and other rx)lfinators, in the City's public spaces, 4. rhe City shall designate Bec-Safe areas in Wrinch future City plantings are free front symcinic Ix-sticildcs including riconicotinoids, 5, The City !shall undertake best efforts to communicate to Shorewood residents the imp oi-tance of creating and niaintaining it pollinator-fricndly habitat. 6, The City shall publish a Bcc-Safe City Progress Report on an annual basis. ADOPTED BY THE CITY l yytiC ll.OF THE CITY OF SHOREWOOD dins 28th day 01 uly, 0) 4.