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HomeMy WebLinkAbout2014-08-18 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION August 18, 2014 7 p.m. Council Chambers -Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval ofMinutes:July 21, 2014 5.New Business a.2015–2019 Capital Improvement Plan 6.Unfinished Business a.Tree Ordinance 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.Environmental and Natural Resources Commission Openings b.Maplewood Nature Center Programs 10.Adjourn Agenda Item 4 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,July 21, 2014 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:03 p.m.by Chair Palzer. 2. ROLL CALL Absent Randee Edmundson, Commissioner Deborah Fideldy, Commissioner Present Judith Johannessen, Commissioner Present Ann Palzer, Chair Present Cindy Schafer, Commissioner Present Dale Trippler,Vice Chair Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Staff added item 9. f. - ENR Commission Reappointments. Commissioner Tripplermoved to approve the agenda as amended. Seconded by CommissionerJohannessen. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerTripplermoved to approve the May 19, 2014, Environmental and Natural Resources Commission Meeting Minutes as submitted. Seconded by CommissionerYingling. Ayes – Chair Palzer, Commissioner’s Johannessen, Schafer, Trippler & Yingling Abstention – Commissioner Fideldy The motion passed. 5. UNFINISHEDBUSINESS a.Tree Ordinance i.Environmental PlannerFinwall gave the update on the revised draft tree ordinance. July 21, 2014 1 Environmental and Natural Resources Commission MeetingMinutes The ENR commission asked foradditional information on incentives that would ensure the preservation of specimen trees and proposed minor edits to the draft ordinance. Staff will update the ordinance with the proposed changes and bring back additional information on specimen tree preservation tree incentives for review by the Commission in August. 6.NEWBUSINESS a.Mississippi River Corridor Critical Area Draft Rules i.Environmental Planner Finwall gave the report The Department of Natural Resources (DNR) has completed a draft of the new Mississippi River Corridor Critical Area (MRCCA) Rules and released them for review. Public comments are accepted until August 15, 2014. Maplewood’s south leg includes a small section of the MRCCA. Within that area there are approximately 35 existing single family homes. The rest of the land is County and City open space. The one change that might affect the existing single family homes is the new requirement for bluff setbacks. The setback was increased from 40 feet to 200 feet. Pre-existing nonconforming structures can expand as long as they do not encroach further toward the bluff. A few of the single family homes adjacent the Fish Creek corridor might havewhat is defined as a bluff behind their homes and would thus be affected by the new rule. Once the new MRCCA Rules are adopted the City will be required to update our ordinance to meet the new requirements. The DNR estimates this to take place sometime next year. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS None. 9.STAFF PRESENTATIONS a.Wicklander Pond Dredging Report i. Environmental Planner Finwall gave the reporton the dredging ofWicklander Pond. Wicklander Pond is located within the city hall campus. The watershed and the City partnered on the project, which included dredging material from the pond to allow for additional storm water storage capacity to improve water quality with the Wakefield subwatershed distric. b.RecyclingUpdate i.Environmental PlannerFinwall gave the recycling update. Tour 1)–The Tennis Sanitation recycling tour was held in St. Paul Park in June. City Councilmembersand Environmental Commissioners attended the tour. The tour was videotaped and will be edited for a future Spotlight on Maplewood cable television show. Workshop 2)–Tennis Sanitation’s work plan includes a workshop with the Environmental Commission. Now that the tour is complete staff will work with Tennis toschedule the workshop in September or November. The workshop will focus on recycling education and recycling markets. Bench 3)–TennisSanitation collected red recycling bins during the roll out of the recycling carts in March. These bins were recycled. Tennis donated a bench to July 21, 2014 2 Environmental and Natural Resources Commission MeetingMinutes the City that was made from the bins. The bench is located in front of City Hall and includes a recycling saying “Recycle today for a better tomorrow.” th 4of July 4)–Tennis Sanitation collected 700 lbs of recyclables during the City’s Fourth of July event. c.Maplewood National Night Out(Tuesday, August 5,5to 9 p.m.) i.Environmental PlannerFinwall said National Night Out is Tuesday, August 5, 2014, from 5 –9 p.m. Environmental Commissioners are invited to attend National Night Outparties to distribute compostable bags and brochures about the County’s new organics drop off program. d.Urban Agriculture Subcommittee Tour (September) i.Environmental PlannerFinwall said she would like to schedule an urban agriculturetour with the Urban Agriculture Subcommittee in September. During thetour the subcommittee will visit sites in Maplewood thatare practicing different urban agriculture practices (community garden, raising bees, raising chickens, etc.). e.Maplewood Nature Center Programs i.Environmental Planner Finwall presented the upcoming Nature Center Programs. For more information visit the Nature Center’s webpage at www.ci.maplewood.mn.us/ncor contact them at (651) 249-2170. f.ENR Commission Reappointments i.Environmental PlannerFinwall said ENR Commission members Cynthia Schafer and Judith Johannessen are up for reappointments on September 30, 2014. If commission members are interested in reapplying to serve on the ENR Commission please notify Lois Knutson in the City Manager’s Office at City Hall by August4, 2014. 10.ADJOURNMENT Chair Palzer adjourned the meeting at 8:13p.m. July 21, 2014 3 Environmental and Natural Resources Commission MeetingMinutes Agenda 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Gayle Bauman, Finance Director Shann Finwall, AICP, Environmental Planner DATE: August 14, 2014for the August 21 ENR Commission Meeting SUBJECT: 2015-2019 Capital Improvement Plan Review Introduction The Capital Improvement Plan (CIP) is an annually prepared document that coordinates the planning, financing, and timing of major equipment purchases and construction projects. The 2015-2019 CIP document isbeingreleased for review by the various Commissions and a Public th Hearing on the CIP will be held at the Planning Commission meeting onAugust19at 7:00 pm. Following the receipt of recommendationsfrom all the Commissions, the City Council will be asked to adopt the CIP in September 2014. Adopting the CIP does not commit the Council to the proposed projects, nor implement the assumptions made during the preparation; however, this is the basis for the 2015 Budget as we continue with its preparation. Each Commission shall review and comment on the impact of the assumptions and recommended projects within the CIP. A recommendation of approval, approval with conditions, or denialshould be made and forwarded to the Planning Commission and/or City Council for their consideration. The Commission should appoint a member to attend the City th Council meeting on September 8, when final adoption of the CIP will be considered. CIP Summary The CIP Transmittal Letter and sections of plan that deal with environmental issues are attached for review by the Environmental and Natural Resources Commission(Attachment 1). The full document can be found on the City’s website at www.ci.maplewood.mn.us/cip. The Transmittal Letter highlights the major projects within the Plan for consideration. The document explains each of the proposed projects, as well as analyzesthe impacts on the budget for the various funds, along with the tax impact necessary to implement these projects as proposed. The staff submits projects based upon goals set at the Council/Management Team retreats. The finance staff analyzes the funds available for capital projects along with the impacts of the staff proposals. A number of revisions are made in the project submittals based upon the analysis of finance, as well as management priorities to achieve the CIP plan. The CIP Changes Summary table (Attachment 2)shows the changes that were made to the original requests based on the City’s financial means and meetings with the various department heads. Recommendation The Commission should review the proposed projects within the 2015-2019 Capital Improvement Plan. A recommendation of approval, approval with conditions, or denial should be made and forwarded to the Planning Commission and/or City Council for their consideration. The Commission should appoint a member to attend the City Council meeting on September th 8, when final adoption of the CIP will be considered. Attachments 1.Portions of the 2015-2019 CIP 2.CIP Change Summary Table Link 1.2015-2019 Capital Improvement Plan: www.ci.maplewood.mn.us/cip Attachment 1 Mayor and City Council Honorable Mayor and Council Members: The 2015 – 2019 Proposed Capital Improvement Plan (CIP) for the City of Maplewood is submitted herewith. The intent of this document is to coordinate the planning, financing and timing of major equipment purchases and construction projects. The document is divided into four sections: Introduction, Debt Capacity and Financing Strategy, Project Details, and Appendix. The focus of this CIP is on the maintenance and protection of the City’s existing assets; includingits buildings and streets/infrastructure,redevelopment as well as thecontinued implementation of investment into Public Safety facilities. In previous years (2007-2012), the Cityfocused most of its resources on expanding its street improvement program, including addinga once-in-a-decade interchange improvement at TH 36-English. Because there are many needs inthe City including Public Safety, redevelopment, the Community Center and the desire to control City debt, not as many resources can be allocated to street improvements. The plan is to complete one street project per year. Many of the projects scheduled for 2015-2019 will result in the accomplishment of several City goals that are as follows: 1.The Gladstone redevelopment initiative is reflected in this plan. Major improvements totaling $7,605,000 are planned for Phase II. This phase includes improvements to Frost Avenue from Phalen Place to English Street, redevelopment of the Maplewood Bowl site andfurther restoration work of the Gladstone Savanna. 2.A new city initiative under the direction of the Housing and Economic Development Commission is the Commercial Property Redevelopment Program. If a commercial property deteriorates to the point of becoming a detriment or an eyesore, it will have an effect on the surrounding area. Other property owners may not be motivated to care for or to improve their properties if they live near or next to a rundown property. The cost estimate is based on the premise of purchasing a minimum of one property every other year until the goals of the program change. It is anticipated that the EDA function of property resale is net neutral. 3.Continuation of the revamping and consolidation of fire service that provides for enhanced fire delivery over the next 40 –50 years for Maplewood. As the construction of a new Fire Station at 3M allows for the abandonment of the stations on Century Avenue and on Londin Lane, the consolidation of service also provides for the abandonment of the Fire Station on McMenemy Road. The sale of these old stations and the property, which are in need of repair, should generate funds for the remodeling needed at the Hazelwood and Gladstone fire stations. 4.Completion of the East Metro Public SafetyTraining Facility. This facility will allow firefighters to enhance their skills in a safe environment. Much of the cost of this facility is proposed to be financed with grants including the grant of the land from MnDOT along with an allocation of state bonding funds. 5.Implementation of an Asset Management Plan for the Maplewood Community Center (MCC). $5.2 million dollars of repairs over the next five years have been identified for the MCC. The City is considering issuing Tax Abatement Bonds to fund the required maintenance issues. This 3 increased allocation to MCC comes at the expense of replacement funding for projects at City Hall as well as within the Park Development Fund. 6.The Park Development Fund is continuing to show a slow down of revenues asthe housing market and building of commercial industrial facilities slows due to the fact that Maplewood is nearly fully developed. The request for a major levy increase for park funding was reviewed, but does not appear doable within the next 3 – 5 yearsdue to the commitment to redevelopment and the Maplewood Community Center. Park projects listed in this plan will only move forward if the Park Availability Charge (PAC) revenue comes in as projected. 7.It is proposed that $50,000 of tax levy funds be dedicated in 2015 for Community Field Upgrades, as well as an additional $50,000 in tax levy for Park Equipment replacements. This allocation is provided due to a commitment for a $50,000 reduction in operating expenses within the Parks Department operating expenditures. 8.An annual expenditure of $286,000 to $315,000 is proposed for the planning period for replacement of vehicles and equipment in the Fleet Management Fund. This investment is necessary to keep maintenance costs to a minimum. 9.Fivemajor street projects and one bridge replacement are proposed for 2015-2019. The costs of these projects range from $1,400,000 to $7,270,000. One of the factors that will be considered before any project is authorized will be the City’s debt capacity. The 2014 – 2018 CIP was a $46.7 Million plan, while the proposed 2015 – 2019 CIP is listed for $48.2 Million in expenditures.This is a 3.3% increase from the previous year’s programor $1,528,380.Re- prioritizing of funds shows that investment is proposed to decrease for redevelopment, buildingsand parksandincrease for equipment and public works infrastructure. As with the previous year, Deferred Projects are listed within the Appendix section of this CIP. These are projects that were recommended by staff and Commissions and are significant needs within the City. An analysis of the impacts of these projects identified that funding is not available under current programstotaling $12,455,440.Due to the lack of funding dedicated to capital replacementand Councilpriorities, a number of projects were not proposed or have been removed. If other funds become available, these projects may be reconsidered in future years. The property tax impact of projects included in this CIP was evaluated. Estimates were prepared of the new tax levies that will be required to support these projects assuming that new bonds will be issued to finance CIP projects. For 2014, the city’s total tax levy was $18,528,400and of that amount, $4,658,600 was for debt service on bond issues.It is estimated that a levy of $4,792,820 will be needed in 2015 to cover the debt service on bonds issued through 2014. The total Debt outstanding for Maplewood is proposed to be $81,130,167in 2014based upon the current plan within thisCIP. 2013 total debt is $81,804,839. TheCity’s total debt is limited by statute to not more than 3% of market value of taxable property of the City. Very little of the debt of the City, approximately $8,690,000in 2013, is actually subject to the legal debt margin. Staff continues to monitor total city debt as a percent of market value with the intention of keeping total debt within 2%. With the new debt projected by this CIP, the City will remain at or below that objective of 2.0% declining to 1.5% by 2019. It is recommended that the CIP be formally adopted by the City Council following a Public Hearing that is required to be held by the Planning Commission. As part of this adoption process, a strong 4 commitment is needed to follow the construction and financing schedule for the public improvement projects planned for 2015. This allows the City’s engineering staff to be fully utilized and will minimize the need for consultant engineers. Also, it will facilitate the planning for the year 2015bond issue by the Finance Department. The CIP, by design, is a planning tool for City staff and elected officials. The CIP gives the City Council the flexibility to proceed with the proposed projects based on the political, economic, and financial realities of each year. After the CIP has been formally adopted by the City Council, the projects scheduled for 2015 will be included in the Proposed 2015 Budget document. This will provide the City Council another opportunity to review the proposed 2015 projects. The 2015 – 2019 CIP presents an excellent combination of maintenance and redevelopment projects. By proceeding with these scheduled improvements, the City Council can be assured the City’s infrastructure, facility and equipment needs will be met. Melinda Coleman InterimCity Manager 5 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2015 - 2019 Park Upgrades to Existing Parks$500,000 PROJECT TITLE:TOTAL COST: PROJECT NUMBER:PM07.010PROJECT CATEGORY:Parks DESCRIPTION:Community Field Upgrades, Equipment, Fences, Courts JUSTIFICATION: General upgrades of various parks. This proposal will provide the City with resources to continue updating and/or replacing basketball and tennis courts, fields, fences and playgrounds. Additional upgrades to parks as determined by the Parks and Recreation Commission are also included in this fund. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding SourcePrior Years20152016201720182019Funding Total C.I.P. Fund0100,000100,000100,000100,000100,000500,000 PROJECT COSTS January 2015$0 PROJECT STARTING DATE:Preliminaries: $0 Land Acquisition: PROJECT COMPLETION DATE:December 2019Construction:$500,000 $0 Equipment and Other: NEIGHBORHOOD:Not DesignatedProject Costs:$500,000 106 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2015 - 2019 Open Space Improvements$375,000 PROJECT TITLE:TOTAL COST: PROJECT NUMBER:PM08.060PROJECT CATEGORY:Parks DESCRIPTION:Provide funding for open space improvements JUSTIFICATION: Maplewood’s Neighborhood Preserve system includes 14 preserves. Eight of the sites have trails and six sites have received major restoration work. Future improvements will continue to focus on trails and restoration. Trail priorities are trails at Spoon Lake Preserve and Joy Park Preserve. The Restoration Demonstration Projects include creating high-quality demonstration areas at Priory Preserve, City Hall, and Joy Park. 2015: $150,000 Spoon Lake Trail 2017: $75,000 Restoration Demonstration Projects 2019: $150,000 Joy Park preserve trail PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding SourcePrior Years20152016201720182019Funding Total Park Development Fund0150,000075,0000150,000375,000 PROJECT COSTS January 2015$0 PROJECT STARTING DATE:Preliminaries: $0 Land Acquisition: PROJECT COMPLETION DATE:December 2019Construction:$375,000 $0 Equipment and Other: NEIGHBORHOOD:Not DesignatedProject Costs:$375,000 107 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2015 - 2019 Parks Systems Plan$165,000 PROJECT TITLE:TOTAL COST: PROJECT NUMBER:PM.14.030PROJECT CATEGORY:Parks DESCRIPTION:Develop a comprehensive Park Systems Plan JUSTIFICATION: The City Council has made one of their 2012-2014 goals to explore a referendum for a sustainable parks system and to develop a comprehensive parks system plan. The City of Maplewood has a large park, open space and trail system that requires extensive management, maintenance and planning. The Parks System Staff will be working with the residents and businesses to develop this plan. Although staff anticipates completion of this plan in late 2014, the final phase of this project is to achieve CAPRA certification. This process will begin in 2015 and we anticipate receiving accreditation in late 2016. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding SourcePrior Years20152016201720182019Funding Total Park Development Fund115,00050,0000000165,000 PROJECT COSTS January 2014$165,000 PROJECT STARTING DATE:Preliminaries: $0 Land Acquisition: PROJECT COMPLETION DATE:March 2015Construction:$0 $0 Equipment and Other: NEIGHBORHOOD:Not DesignatedProject Costs:$165,000 108 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2015 - 2019 Deer Removal$60,000 PROJECT TITLE:TOTAL COST: PROJECT NUMBER:PM15.010PROJECT CATEGORY:Parks DESCRIPTION:Control Maplewood's Deer Population JUSTIFICATION: The goals of Maplewood’s deer management program are: 1) preserve a balance of wildlife, 2) accept tolerable levels of deer browse, 3) reduce property damage, and 4) minimize deer-vehicle collisions. Management strategies include: 1) ordinance preventing feeding of deer, 2) annual aerial count of deer, 3) bow hunts by Metro Bowhunters Resource Base at Priory Neighborhood Preserve and at Spoon Lake Preserve, and 4) sharpshooting as needed. In the winter of 2005-2006, the city partnered with Ramsey County and the city of St. Paul to hire sharpshooters for south Maplewood and the Pig’s Eye area of St. Paul. Since then deer populations have increased significantly in three areas of the city, as shown by the February 2014 aerial survey. This project will fund the sharpshooting of approximately 250-300 deer. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding SourcePrior Years20152016201720182019Funding Total C.I.P. Fund030,00000030,00060,000 PROJECT COSTS January 2015$0 PROJECT STARTING DATE:Preliminaries: $0 Land Acquisition: December 2015Construction:$0 PROJECT COMPLETION DATE: $60,000 Equipment and Other: NEIGHBORHOOD:Not DesignatedProject Costs:$60,000 109 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2015 - 2019 EAB Ash Removal and Planting$160,000 PROJECT TITLE:TOTAL COST: PROJECT NUMBER:PM15.020PROJECT CATEGORY:Parks DESCRIPTION:Remove and Replace Ash Trees to Control the Spread of EAB JUSTIFICATION: EAB Ash Removal and Replanting Emerald Ash Borer (EAB) causes widespread decline and death of ash trees and has decimated ash populations in some states. As of March 2014, the closest infestations to Maplewood were at Pig’s Eye and at Metro State University. The 2011 inventory of park and boulevard trees (does not include natural areas), found 2037 ash trees (21% of the 9563 trees). To remove and replant these ash at $700-$900 each would require $1,425,900-$1,833,300. In June 2011, Maplewood City Council approved a plan for managing EAB in Maplewood. The plan includes strategic removal of ash trees, starting with removal of those in poor health prior to EAB being found in Maplewood. The inventory identified 250 poor quality ash. Funding is needed to remove and replace 125 poor quality ash trees each year over the next two years. We assume EAB will be in Maplewood prior to 2017 and significant funding will be needed to keep up with removals once it arrives. The EAB population typically builds slowly for three to five years and then sees very rapid growth. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding SourcePrior Years20152016201720182019Funding Total C.I.P. Fund0040,00040,00040,00040,000160,000 PROJECT COSTS January 2015$0 PROJECT STARTING DATE:Preliminaries: $0 Land Acquisition: PROJECT COMPLETION DATE:December 2019Construction:$0 $160,000 Equipment and Other: NEIGHBORHOOD:Not DesignatedProject Costs:$160,000 110 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2015 - 2019 Flood Remediation Projects$264,000 PROJECT TITLE:TOTAL COST: PROJECT NUMBER:PW15.060PROJECT CATEGORY:Public Works DESCRIPTION:Flood Studies & Remediation Projects JUSTIFICATION: In response to the flood that occurred in July 2011 the city has completed several flood remediation projects. The city has identified several projects to be completed over the next several years. These projects include drainage improvements along County Road B, a storm sewer lift station at the Edgerton Pond, a regional study of the storm sewer system near the intersection of McKnight Rd and Larpenteur Avenue, a study of Wicklander's Pond, and a regional study of the storm sewer system near the intersection of Harvester Avenue and Sterling Street. The studies will help identify the extent of necessary remediation work and estimated costs for future CIP projects PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding SourcePrior Years20152016201720182019Funding Total Environmental Utility Fund064,00030,000140,00030,0000264,000 PROJECT COSTS May 2015$0 PROJECT STARTING DATE:Preliminaries: $0 Land Acquisition: October 2018Construction:$264,000 PROJECT COMPLETION DATE: $0 Equipment and Other: NEIGHBORHOOD:Not DesignatedProject Costs:$264,000 129 PROJECTS DEFERRED/DECLINED In the course of preparation of this Capital Improvement Plan, several noteworthy projects were proposed but deemed by staff to not be appropriate for inclusion at this time. These projects are discussed below and included for your review. Hillcrest Area Redevelopment – Staff recommends that this project be deferred until the Gladstone Neighborhood Redevelopment is further along so as to avoid competing with each other. Replacement of Public Safety 800 MHz Radios – Funding is not currently available for this purchase. City staff will look at grant and other governmental funding options. Various Building Maintenance items – City staff is working to establish a building replacement fund to cover these types of purchases. City Hall Condenser Units o Trane Energy Mgmt System Upgrade o Park Improvements – The following park improvement projects are deferred to 2020 or beyond due to limited funding and a desire to reduce the level of City debt: Harvest Park o Wakefield Park o Nature Center land acquisition o Nature Center building improvements o Historic Preservation improvements o Various Street Improvements – The following street improvement projects are deferred to 2020 or beyond and will be considered in the normal street improvement plan due to limited funding and a desire to reduce the level of City debt: Ferndale/Ivy Area Streets o Hillcrest Area Roadway Improvements o Hillcrest Area Streetscape o Sidewalk and Trail Improvements – A funding source needs to be found for these projects. Options being looked at are establishing Sidewalk Improvement Districts or implementing a franchise fee. 143 CITYOFMAPLEWOOD ENVIRONMENTALUTILITYFUND(604) STATEMENTOFREVENUES,EXPENSESANDCHANGESINNETASSETS ACCT NO.20152016201720182019 Operatingrevenues: 3651Environmentalutilitycharges2,487,4502,562,0702,638,9302,718,1002,799,640 Totalrevenues2,487,4502,562,0702,638,9302,718,1002,799,640 Operatingexpenses: Naturecenter83,03084,69086,38088,11089,870 Planning271,700277,130282,670288,320294,090 Stormsewermaintenance536,790547,530558,480569,650581,040 Streetsweeping270,660276,070281,590287,220292,960 4485Billing46,20047,12048,06049,02050,000 4950Administration162,310165,560168,870172,250175,700 4795Depreciation534,210544,890555,790566,910578,250 Totalexpenses1,904,9001,942,9901,981,8402,021,4802,061,910 Operatingincome(loss)582,550619,080657,090696,620737,730 Nonoperatingrevenues(expenses): Investmentearnings3,6406,91011,26013,4105,410 Investmentmanagementfees(2,910)(5,530)(9,010)(10,730)(4,330) Totalnonoperatingrevenues(expenses)7301,3802,2502,6801,080 Netincome(loss)beforecontributions andtransfers583,280620,460659,340699,300738,810 Transfersin(out): PublicImprovementProjectsfund(net)(335,000)(201,000)(413,400)(1,497,000)(1,361,000) DebtService(390,680)(399,540)(397,140)(389,110)(392,300) StormCleanup(64,000)(30,000)(140,000)(30,000) Pondcleanup/dredgingprojects(100,000)(100,000) ParkDevelopment(50,000)(50,000) Changeinnetassets(206,400)(110,080)(341,200)(1,366,810)(1,014,490) NetassetsJanuary123,397,27723,190,87723,080,79722,739,59721,372,787 NetassetsDecember3123,190,87723,080,79722,739,59721,372,78720,358,297 STATEMENTOFCASHFLOWS 20152016201720182019 Netincome(loss)beforecontributions andtransfers583,280620,460659,340699,300738,810 Adddepreciation534,210544,890555,790566,910578,250 Transfersin(out)(789,680)(730,540)(1,000,540)(2,066,110)(1,753,300) Netincrease(decrease)incash327,810434,810214,590(799,900)(436,240) CashbalanceJanuary1363,511691,3211,126,1311,340,721540,821 CashbalanceDecember31691,3211,126,1311,340,721540,821104,581 146 Agenda Item 6.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Tree Ordinance DATE: August 13, 2014,for the August 21 ENR Commission Meeting INTRODUCTION The City’s tree ordinance was adoptedby 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 The Commission has been reviewing options for encouraging the preservation of specimen trees. Specimen trees are defined as a healthy tree that is 28 inches in diameter or greater. Significant trees are defined as a deciduous tree that is 6 inchesin diameter or greater, a conifer tree that is 8 inchesin diameter or greater, and a softwood tree that is 12inches in diameter or greater. Both are included in the tree replacement calculation. The first option involved increasing the tree replacement constant for specimen trees. It was determined to be too complicated and did not achieve the goal of ensuring specimen trees were preserved. The second option involves incentives similar to the City of Inver Grove Heights’ ordinance which gives a credit of2 caliper inches for each 1 caliper inch of specimen tree preserved. To highlight how credits would work in the City of Maplewood’s ordinance, following are examples of replacement tree calculations under several scenarios. Existing Tree Replacement Ordinance The current tree replacement calculation requires that significant and specimen trees be replaced at the same ratio. The calculation is as follows: 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(includes significant and specimen trees) C = Tree replacement constant (1.5) D = Replacement trees (number of caliper inches) [(A/B -.2) x 1.5] x A = D Following are two developments currently reviewed by the City for tree replacement. Both developments include two examples of tree removal under our current ordinance - one removing a specimen tree and preserving the tree. a.Havencrest (9-Lot Subdivision east of McKnight, south of County Road D, north of Gall (475 diameter inches of significant trees on site) 1)One 28-Inch Diameter Specimen Tree RemovedAlong with Other Significant Trees A = 367(caliper inches removed) B=475(caliper inches of significant and specimen trees on site) C =1.5(tree replacement constant) D =315caliper inches(tree replacement) [(367/475–.2) x 1.5] x 367=315caliper inches(157trees) 2)One 28-Inch Diameter Specimen Tree SavedAlong with Other Significant Trees Removed A = 339(caliper inches removed –1 28-inch caliper specimen saved) B = 475(caliper inches of significant and specimen trees on site) C = 1.5(tree replacement constant) D =261 caliper inches(tree replacement) [(339 /475-.2)x 1.5]x 339=261 caliper inches (130 trees) b.3094 White Bear Avenue Retail Building (234diameter inches of significant trees on site) 1)One 28-Inch Diameter Specimen Tree RemovedAlong with Other Significant Trees A = 122(caliper inches removed) B = 234(caliper inches of significant and specimen trees on site) C =1.5(tree replacement constant) D = 58caliper inches(tree replacement) [(122 / 234 –.2) x 1.5] x 122 = 58 caliper inches(29 trees) 2)One 28-Inch Diameter Specimen Tree Saved A = 94(caliper inches removed) B = 234(caliper inches of significant and specimen trees on site) C =1.5(tree replacement constant) D =28caliper inches(tree replacement) [(94 / 234 –.2) x 1.5] x 94 = 28 caliper inches(14 trees) Proposed Tree Replacement Ordinance The proposed tree replacement ordinance would offer incentives for preserving specimen trees. The incentive is a reduction in overall tree replacement at a rate of .5 to 1 times the specimen tree diameter inch saved. 2 A =Total diameter inches of significant trees lost as a result of the land alteration(includes significant and specimen trees) A2 = Total diameter inches of specimen trees saved B = Total diameter inches of significant trees situated on the property C = Tree replacement constant (1.5) D = A2 x 1 OR A2 x .5 E = Replacement trees (number of caliper inches) [(A/B -.2) x 1.50) x A] –[A2 x 1] OR [A2 x .5] = E Both developments below include tree replacement requirements under the proposed ordinance. a.Havencrest 9-Lot Subdivision (475 diameter inches of significant trees on site) 1)One 28-Inch Diameter Specimen Tree Saved with 1 Credit A = 339(significant trees removed) A2 = 28(specimen trees saved) B = 475(significant and specimen trees on site) C = 1.5(replacement constant) D = 28 x 1(specimen tree credit) E = 366caliper inches(replacement trees) [((339/475-.2)x 1.5)x475]–28 = 366 caliper inches (183 trees) 2)One 28-Inch Diameter Specimen Tree Saved with .5 Credit A = 339(significant trees removed) A2 = 28(specimen trees saved) B = 475(significant and specimen trees on site) C = 1.5(replacement constant) D = 28 x .5(specimen tree credit) E = 270caliper inches(replacement trees) [((339 /475-.2)x 1.5)x 351]–14 =270 caliper inches (135 trees) b.3094 White Bear Avenue Retail Building (234 diameter inches of significant trees on site) 1)One 28-Inch Diameter Specimen Tree Saved with 1 Credit A1 = 94(significant trees removed) A2 = 28(specimen trees saved) B = 234(significant and specimen trees on site) C = 1.5(replacement constant) D = 28x 1(specimen tree credit) E = 0caliper inches(replacement trees) [((94/234 -.2) x 1.5)x 94] –28 = 0 3 2)One 28-Inch Diameter Specimen Tree Saved with .5 Credit A1 = 94(significant trees removed) A2 = 28(specimen trees saved) B = 234(significant and specimen trees on site C = 1.5(replacement constant) D = A2 x .5(specimen tree credit) E = 7caliper inches (replacement trees) [((94/234 -.2) x 1.5)x 94] –14= 14caliper inches (7 trees) Existing Versus Proposed Tree Replacement Ordinance Following is a summary of the number of caliper inches of tree replacement required when a specimen tree is preserved under each ordinance: DevelopmentExistingCredit –1Credit -.5 Havencrest (475 DBH)130183135 White Bear Retail (234 DBH)14014 The existing ordinance takes into account the increased biomass of specimen trees resulting in similar replacement requirements compared to the .5 credit scenario. The 1 credit scenario will reduce the number of replacement trees substantially and offer increased incentive to developers to preserve specimen trees. Tree OrdinanceAmendments Minor changes proposed to the ordinance during the Commission’s review in July are attached (Attachment 1). Environmental Ordinances The City’s environmental ordinances are located in Chapter 12 (Building and Building Regulations), Chapter 18 (Environment),and Chapter 38 (Trees). With the tree ordinance amendments the City should locate all environmental ordinances under one chapter. Attached is an ordinance that outlines the reconfiguration of the environment chapters (Attachment 2)and a summary of the new environmental chapters(Attachment 3). RECOMMENDATION 1.Review the tree replacement ordinance described above. Determine if the calculation should include incentivesfor preserving specimen trees. 2.Review and recommend approval of the tree ordinance (Attachment 1). 3.Review the recommend approval of the ordinance thatoutlines the reconfiguration of the environmentchapters(Attachment 2). Attachments: 1.Tree Ordinance (Comparison of July and August Versions) 2.OrdinanceOutlining the Reconfiguration of the EnvironmentChapters 3.Environment Chapter Summary 4 Attachment 1 Tree Ordinance Draft 7-21-14 Draft for the August 2014ENR 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, and moderate temperatures. They,reduce cooling costsand,increase property values. And they, 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 protectingpublic 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 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. 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. Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicant means developer, builder, contractor, or homeowner who applies for a woodlot alteration, land use, grading, or building permit. 1 Caliperinchis a measurement used for nurserystockand refers to replacement trees. It is the unit 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 Phinophyta 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,ordestroya shade tree diseaseor pests. Critical Root Zone (CRZ)means an imaginary linear circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with aradius of sixteen (16) 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 thediameter 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. 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. 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 increasein 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 ofthe 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 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. Specimen Tree is a healthy tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species.TheseSpecimen 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 insect or pathological problem. Specimentrees are also considered Significant Trees. Significant Tree meansa 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 surfaceof 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. 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 trees to be preserved and measures taken to 3 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. 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 significant tree(s). Sec. 3.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 environmentalplanner. 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 trees. 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,alongwith 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 decision.of the appeal. Sec. 4. Tree preservation plan. A tree preservation plan is required for any project which requires a woodlot alterationpermit,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 trees are destroyed or damaged and to minimize the negative environmental impact to the site. 4 1.Tree preservation plan applicability.Preservation Plan Applicability a.This ordinanceshall apply to any individual, business, or entity that requests a woodlot alterationpermit,land use, grading, or building permit. This includes all sites of new development that contain significant trees 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)Restoration of land to native prairie. Prairie restoration shallbe approved by the environmental planner. 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 mustshallbe replaced based on the approved plan. 7)Removal of nonnative trees that the city deemsinvasive species. c.Tree preservation plans shall include the following: 1)A tree inventory overlay on the site plansthat shows size, species, general health, and location of all significant trees located within the property where significant tree 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 documents such 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 trees. d)Include the outer boundariesof all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold and any indication of the presence of epidemic tree diseases. e)Include significant trees (species and diameter) identified in both graphic and tabular form. f)Include locations of the proposed buildings, structures, or impervious surfaces. 5 g)Include delineation of all limits of land disturbance, clearing, grading, and trenching. 2)A list of total diameter inches of all healthy significant trees inventoried. 3)The total diameter inches of healthy significant trees removed. 4)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. 5)Protection measures for trees 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)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 developments within the city shall be designed to preserve significant trees 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 treessubject 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. 6 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.Safeguarding preserved trees: 1)Tree protective areas shall be located at a minimum of the CRZ of trees or drip line, whichever isgreater,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 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 7 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 protectionareas. 11)Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and removal of infected trees. If pruning oaks is required between April 1 and July 1 cover fresh woundsshallbe coveredwith nontoxic tree wound sealant or latex paint. 12)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.Post construction tree care mitigation for trees protected shall be identified on the plan as follows: a)1)Tree root aeration, fertilization, and/or irrigation systems. b)2)Therapeutic pruning. c)3)Mitigate soil compaction by the following: 1.a)Mulch drive lanes with eight (8) to ten (10) inchesof woodchips. 2.b)Soil fracturing with deep tillage or other similar methods. 3.c)Inclusion of organic matter to existing soil. d)4)Core aeration. d.If any significant tree 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 forester or environmental plannerthat 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, and Replacement a.Tree Removal Calculation: If less than twenty percent (20%) of the total significant tree diameter inches on the property is removed, the applicant shall 8 replace one (1) tree per significant tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant tree diameter inches is removed, applicant shall mitigate all significant diameter inches using the tree mitigation/replacement schedule in accordance with the following formulas: A = Total diameter inches of significant trees lostas a result of the land alteration B = Total diameter inches of significant trees situated on the property C = Tree replacement constant (1.5) D = Replacement trees (number of caliper inches) [(A/B -.2) x 1.5] x A = D Example A = 379 B = 943 C =1.5 D=114.8 caliper inches [(379 / 943 –.2) x 1.5]x379 = 114.87caliper 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 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 approve the following replacement steps 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 oncity propertyunder the direction of the environmental planner. 3)Paying the city a sum per diameter inch in accordance with the tree replacement schedulesscheduleset 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 replacement trees, the following standards shall be met: 9 1)The applicantshall be required to maintain trees for one (1) year after planting. If any tree requiresreplacement during this one (1) 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 shallbe replaced according to such ordinance. 2)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. 3)Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota Statutes, Sectionsection18.46and shall be hardy for this USDA plant hardiness zone (Zonezones2, 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 shallbe 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 6 feet2.5 7 feet3 8 feet3.5 9 feet4 10 feet4.5 11 feet5 12 feet5.5 10 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 one year 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. Sec. 5. 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 withMinn. Stat.,Minnesota Statutes, sections89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control andprevent the spread of these shade tree pests. 2.Declaration of a Shade Tree Pest. The city council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to ashade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest. 3.Public Nuisances. The following are hereby declared 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). 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. 11 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 any vehicular or pedestrian traffic on public streets orpathways, or pedestrians on publicpathways. 4.Inspection. a.The city forestershall inspect all premises and places within the city as often as practical to determine whether any condition described in Sec. 6(3)aboveexists thereon.Inspection shall be of living or dead trees, parts of trees, stump, and firewood. In 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 forestermay 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 Nuisances. a.Theenvironmental planner orcity forestershall 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 of time, 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 12 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 city forestermay 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. d.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 within the time specified, the cityforestermay 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 may speciallyshallassess the costs againsttothe property. 6.High-CostAbatement. 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 a Certified Arboristcertified 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 completed. 7.Emergency Abatement. Nothing in this sectionordinanceshall 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 forester.City Forester It is unlawful for any person to prevent, delay,or interfere with the city foresterwhile they are engaged in the performance of duties imposed by this ordinance. Sec. 6. 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 13 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 atany time for compliance with tree preservation requirements. If the city findsthe site in violation, thecity may issue a stop work order until conditions are corrected. A stop work order will be lifted only after approvedapprovalbytheenvironmental plannerin 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 andbillboard 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 14 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 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. 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. Asto 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. 15 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 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.Compliance with recognized industry standards. 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). 16 Attachment 2 ORDINANCE NO. ____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING THE RECONFIGURATION OF THE ENVIRONMENT CHAPTER AND CHANGES TO ORDINANCES PERTAINING TO TREES The Maplewood City Council approves changes to the Maplewood Code of Ordinances regarding the reconfiguration of the Environment Chapter (Chapter 18), changes to the Building and Building Regulations (Chapter 12) and changes to ordinances pertaining to trees (Chapter 38 and Chapter 12): Section 1. This section reconfigures the outline of Chapter 18 (Environment), moving Article V through VII to a new Article V (Environmentand Natural Resources). The following outline is approved with revisions to the new divisions found in subsequent sections of this ordinance: Chapter 18 ENVIRONMENT Article I.In General Article II.Nuisances Article II.Erosion and Sedimentation Control Article IV.Air Pollution Control Article V through VIII are moved to the new Article V (Environmental and Natural Resources) Article V.Environmental Preservation and Protection of Trees and Woodlands Article VI.Floodplain Ordinance Article VII.Stormwater Management Article VIII.Renewable Energy Systems Article V.Environment and Natural Resources Proposed Location Current Location Division 1. Generally Ch. 12, Art. VII., Div. 1/4 Division 2. Wetlands and StreamsCh. 12, Art. VII Division 3. TreesCh. 18, Art. V Division 4. Stormwater ManagementCh. 18, Art. VII Page 1of 9 Division 5.Renewable EnergyCh. 18, Art. VIII Division 6. Flood Plain Overlay DistrictCh. 18, Art. VI Division 8. SlopesCh. 12, Art. VII, Div. 3 Division 9.Mississippi Critical AreaCh. 12, Art. VII, Div. 3 Section 2. This section deletes Chapter 38 (Tree)in its entirety. New ShadeTree Disease Control Ordinance language has been added to Chapter 18 (Environment), Division 3 (Trees)as outlined in Section 7. Sec. 38-1. Planting in right-of-way prohibited. The planting of trees in the public right-of-way is prohibited. Sec. 38-2 to 38-30. Reserved. Sec. 38-31. Plant pest control program. The city manager is hereby empowered to conduct a program of plant pest control pursuant to authority granted by Minn. Stats. § 18.022. The program is directed specifically at the control and elimination of Dutch elm disease fungus and elm bark beetles and other epidemic diseases of shade trees. Sec. 38-32. Inspections and investigations. Under this article, the city manager: (1)Shall inspect all premises and places within the city as often as practicable to determine whether any condition described insection 38-31exists thereon. He shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other epidemic diseases of shade trees; (2)May enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this article; and (3)Shall, upon finding conditions indicating Dutch elm infestation or other epidemic diseases of shade trees, immediately send appropriate specimens or samples to the state commissioner of agriculture for analysis or take such other steps for diagnosis as may be recommended by the commissioner. Sec. 38-33. Public nuisances. (a)The following are hereby declared public nuisances whenever they may be found within the city: Page 2of 9 (1)Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh); (2)Any dead elm tree or part thereof, including lugs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or treated with an effective elm bark beetle insecticide; and (3)Other shade trees with epidemic diseases of shade trees. (b)It is unlawful for any person to permit any publicnuisance, as defined in subsection (a) of this section, to remain on any premises owned or controlled by him within the city. Sec. 38-34. Removal of infected trees or wood. Whenever the city manager finds with reasonable certainty that the infestation, as defined in section 38-33, exists in any tree or wood on any public or private place in the city, he shall notify the property owner and the person in possession, if different from the owner, on which such tree or wood stands, by certified mail or personal service, that the nuisance must be abated within a specified time, not less than five days from the date of mailing such notice or from the date of service. If the owner or occupant shall fail to remove the infected tree or wood from his property within the time specified in the notice, the city manager may order thework done either by the city's employees or by contract, and the cost of the work shall be billed against the owner or occupant. Sec. 38-35. Special assessments for unpaid nuisance abatement charges. If the owner or occupant shall fail to pay the bill,as provided for insection 38-34, within 30 days, the council may then assess the amount due, plus interest, against the property as a special assessment under state law. Sec. 38-36. Treatment of elm trees near Dutch elm fungus infestation. Whenever the city manager determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he may treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Treating activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the state commissioner of agriculture and under the supervision of the commissioner and his agents whenever possible. The notice requirements ofsection 38-34apply to treating operations conducted under this section. Sec. 38-37. Permit for transportation of elm wood. It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known by the city manager to be infected or suspected of being infected, without having obtained a permit from the city manager. The city manager shall grant such permits only when the purposes of this article will be served thereby. Sec. 38-38. Interference with performance of duties imposed by article. Page 3of 9 It is unlawful for any person to prevent, delay or interfere with the city manager while he is engaged in the performance of duties imposed by this article. Section 3. This section deletes portions of Chapter 12, Article VII, Division 1 in its entirety. Portions of the ordinance are moved to Chapter 18 (Environment), Article V (Environment and Natural Resources) as outlined in Sections 4through 6below. Section 4. This section moves portions of Chapter 12, Article VII, Division 1 to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 1 (Generally) as follows: Article V. Environment and Natural Resources Division 1. Generally Purpose. The purpose of this article is to protect significant natural features which: 1.Preserve the natural character ofneighborhoods. 2.Protect the health and safety of residents. 3.Protect water quality. 4.Prevent erosion or flooding. 5.Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. Applicability. 1.This article shall apply to any person or use that would alter a significant natural feature. 2.Publicand semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this article, except that the city council may waive these requirements where there would be a greater public need for the project than to meet the requirements of this article. A public hearing shall be held before declaring such a waiver. The property owners within 350 feet of the site shall be notified at least ten days before the hearing. Section 5. This section moves portions of Chapter 12, Article VII, Divisions 1 and 3 to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division Division 8 (Slopes) as follows: Page 4of 9 Article V. Environment and Natural Resources Division 8. Slopes Definitions Direct drainagemeans drainage into a protected water without an intervening pond or wetland. Erosionmeans the general process by which soils are removed byflowing surface or subsurface water or wind. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Pipelinemeans an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Retaining wallmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Sedimentmeans suspended matter carried by water, sewage or other liquids. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substationmeans any utility structure, other than lines, pipelines, poles or towers. Terracemeans a relatively level area bordered on one or more sides by a retaining wall. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetationmeans all plant growth, especially trees, shrubs, mosses or grasses. Water bodymeans any lake, stream, pond, wetland or river. Slopes Generally 1.No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. 2.In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 3.No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: Page 5of 9 a.Controls and protections exist uphill from the proposed development such that there is no danger of structures orstreets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. b.The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c.The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. d.The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 4.The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: a.The degree of alteration of the slope; and b.The importance of the slope to the character of the area. 5.All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: a.Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. b.The construction of aboveground pumping stations. c.Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. d.All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1)Retaining walls or terrace contours in excess of four feet in height shall have a fence. 2)Construction materials shall be subject to community design review board approval. 6.The requirements of this section shall not apply in the following situations: a.Where a slope has been substantially altered by prior excavation or filling. Page 6of 9 b.Where a slope is less than 200 feet in length (top to bottom) or 500 feet inwidth (side to side). c.Where earth-sheltered homes are proposed. Erosion control and soils. 1.All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. 2.Construction shall not be allowed where there are soil problems, including but not limited to soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. 3.Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 4.A development shall be located to minimize the removal of vegetation and alteration of the natural topography. 5.Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Section 6. This section moves portions of Chapter 12, Article VII, Divisions 1 and 3 to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division Division 9 (Mississippi Critical Area) as follows: Article V. Environment and Natural Resources Division 9. Mississippi Critical Area Definitions Blufflinemeans a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical areameans the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Protected water,formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Page 7of 9 Significant water bodymeans a water body shown on the city drainage plan or a water body over one acre in area. Structuremeans any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant natural featuremeans a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slopemeans a natural slope of 25 percent or moregrade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Generally. 1.Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with thecity's comprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. 2.The proposed development shall not lessen existing public access to and along a protected water. 3.The proposed development shall be designed, constructed and maintained to avoid causing: a.Erosion. b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 4.Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 5.Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. Section 7. This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 3 (Trees) andrevises the language as outlined below: Add Final Tree Ordinance Language Here Page 8of 9 Section 8. This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. AddFinalTreeLicensingRequirementsHere Page 9of 9 Attachment 3 Environment Ordinance Summary Article V.Environment and Natural Resources Division 1. Generally Purpose and applicability language moved from Chapter 12. Purpose. The purpose of this article is to protect significant natural features which: 1.Preserve the natural character of neighborhoods. 2.Protect the health and safety of residents. 3.Protect water quality. 4. Prevent erosion or flooding. 5.Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. Applicability. 1.This article shall apply to any person or use that would alter a significant natural feature. 2. Public and semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this article, except that the city council may waive these requirements where there would be a greater public need for the project than to meet the requirements of this article. A public hearing shall be held before declaring such a waiver. The property owners within 350 feet of the site shall be notified at least ten days before the hearing. Division 2. Wetlands and Streams Relocate Existing Ordinance Division 3. Trees Add New Ordinance Division 4. Stormwater Management Relocate Existing Ordinance 1 Division 5. Renewable Energy Relocate Existing Ordinance Division 6. Flood Plain Overlay District Relocate Existing Ordinance Division 8. Slopes Slope language moved from Chapter 12. Definitions. Direct drainagemeans drainage into a protected water without an intervening pond or wetland. Erosionmeans the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Pipelinemeans an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Retaining wallmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Sedimentmeans suspended matter carried by water, sewage or other liquids. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substationmeans any utility structure, other than lines, pipelines, polesor towers. Terracemeans a relatively level area bordered on one or more sides by a retaining wall. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetationmeans all plant growth, especially trees, shrubs, mosses or grasses. Water bodymeans any lake, stream, pond, wetland or river. Slopes Generally 1.No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. 2 2.In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 3.No development, whether or not in direct drainage to a protected water, shall be permitted onland having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: a.Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struckby falling rock, mud, sediment from erosion, uprooted trees or other materials. b.The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c.The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. d.The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 4.The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: a.The degree of alteration of the slope; and b.The importance of the slope to the character of the area. 5.All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: a.Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. b.The construction of aboveground pumping stations. c.Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. d.All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1)Retaining walls or terrace contours in excess of four feet in height shall have a fence. 3 2)Construction materials shall be subject to community design review board approval. 6.The requirements of this section shall not apply in the following situations: a.Where a slope has been substantially altered by prior excavation or filling. b.Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). c.Where earth-sheltered homes are proposed. Erosion control and soils. 1.All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. 2.Construction shall not be allowed where there are soil problems, including but not limited to soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. 3.Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 4.A development shall be located to minimize the removal of vegetation and alteration of the natural topography. 5.Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Division 9. Mississippi Critical Area Mississippi Critical Area language moved from Chapter 12. Definitions Blufflinemeans a line delineating a top of a slope with direct drainageto a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical areameans the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. 4 Protected water,formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Significant water bodymeans a water body shown on the city drainage plan or a water body over one acre in area. Structuremeans any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant natural featuremeans a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slopemeans a natural slope of 25 percent or more grade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Generally. 1.Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city's comprehensive plan, and for development in the Mississippi River Corridor CriticalArea, the Maplewood Critical Area Plan. 2.The proposed development shall not lessen existing public access to and along a protected water. 3.The proposed development shall be designed, constructed and maintained to avoid causing: a.Erosion. b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 4.Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 5.Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. 5