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Home My Public Portal About10.03.2023 City Council Meeting Packet Posted 9/29/2023 Page 1 of 1 AGENDA FOR THE REGULAR MEETING OF THE MEDINA CITY COUNCIL Tuesday, October 3, 2023 7:00 P.M. Medina City Hall 2052 County Road 24 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA IV. APPROVAL OF MINUTES A. Minutes of the September 19, 2023, Regular City Council Meeting B. Minutes of the September 26, 2023, Special City Council Meeting V. CONSENT AGENDA A. Adopt Resolution Accepting Donations for Medina Celebration Day 2023 B. Adopt Ordinance Prohibiting the Sale of Edible Cannabinoid Products Under Minnesota Statues, Section 151.72 C. Adopt Resolution to Publish Ordinance Prohibiting the Sale of Edible Cannabinoid Products by Title and Summary VI. COMMENTS A. From Citizens on Items Not on the Agenda B. Park Commission C. Planning Commission VII. PRESENTATION A. Wayzata Public School Technology Levy Presentation VIII. OLD BUSINESS A. Tree Preservation Ordinance Discussion IX. CITY ADMINISTRATOR REPORT X. MAYOR & CITY COUNCIL REPORTS XI. APPROVAL TO PAY BILLS XII. ADJOURN Meeting Rules of Conduct to Address the City Council: • Fill out & turn in comment card • Give name and address • Indicate if representing a group • Limit remarks to 3 minutes (period may be reduced by Council) 1 MEMORANDUM TO: Medina Mayor and City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: September 28, 2023 DATE OF MEETING: October 3, 2023 SUBJECT: City Council Meeting Report V. CONSENT AGENDA A.Adopt Resolution Accepting Donations for Medina Celebration Day 2023 – Staff recommends approval of the resolution accepting donations for Medina Celebration Day 2023. See attached resolution. B.Adopt Ordinance Prohibiting the Sale of Edible Cannabinoid Products Under Minnesota Statues, Section 151.72 – On November 1, 2022, the City Council adopted a one-year moratorium on the sale of edible cannabinoid products, including both edibles and beverages which were legalized in 2022 under Minnesota Statutes, section 151.72. This moratorium expires on November 17, 2023. Statewide regulation of recreational cannabis and hemp products (including low-potency hemp edibles) will begin in early 2025. The City Council discussed options for regulating the sale of low-potency edible cannabinoid products until statewide regulation is in effect at the August 15, 2023, work session meeting. The City Council directed staff to prepare an ordinance prohibiting the sale of edible cannabinoid products which would be effective until March 1, 2025. The Planning Commission reviewed the ordinance at their September 12, 2023, meeting. The Planning Commission recommends approval of the ordinance as presented. Staff recommends approval. See attached ordinance. A.Resolution to Publish Ordinance Prohibiting the Sale of Edible Cannabinoid Products Under Minnesota Statues, Section 151.72 by Title and Summary – Attached is a resolution for summary publication of the ordinance. Staff recommends approval. See attached resolution. VII.PRESENTATION A.Wayzata Public Schools Technology Levy Presentation – A representative from Wayzata Public Schools will be at the meeting to present on the technology levy ballot question for the November 7, 2023, election. 2 See attached fact sheet. VII. OLD BUSINESS A. Tree Preservation and Replacement – The City’s Tree Preservation ordinance regulates the removal of trees for construction and development activities. The ordinance was adopted in 2006. The City Council reviewed proposed changes to the ordinance and provided feedback at the September 19, 2023, City Council meeting. The City Council also requested more information about reduction of replacement for pioneering trees and exemptions for planted trees. Staff has provided the requested information and an updated draft ordinance for review. Staff is requesting City Council review and direction. Recommended Motion: Motion to direct staff to present the ordinance related to Tree Preservation for action on a future consent agenda [with the following recommended changes, if any]. X. APPROVAL TO PAY BILLS Recommended Motion: Motion to approve the bills, order check numbers 054838- 054888 for $324,423.27, EFT 007003E-007018E for $71,825.49, payroll EFT 0513028- 05132057 for $65,983.17. Medina City Council Meeting Minutes September 19, 2023 1 DRAFT 1 2 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 19, 2023 3 4 The City Council of Medina, Minnesota met in regular session on September 19, 2023 at 5 7:00 p.m. in the City Hall Chambers. Mayor Martin presided. 6 7 I. ROLL CALL 8 9 Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid (arrived 7:03). 10 11 Members absent: None. 12 13 Also present: City Administrator Scott Johnson, City Clerk Caitlyn Walker, Attorney 14 Dave Anderson, Finance Director Erin Barnhart, City Engineer Jim Stremel, City 15 Planning Director Dusty Finke, and Police Sergeant Kevin Boecker. 16 17 II. PLEDGE OF ALLEGIANCE (7:00 p.m.) 18 19 III. ADDITIONS TO THE AGENDA (7:01 p.m.) 20 The agenda was approved as presented. 21 22 IV. APPROVAL OF MINUTES (7:01 p.m.) 23 24 A. Approval of the September 5, 2023 Work Session City Council Meeting 25 Minutes 26 Moved by Martin, seconded by Albers, to approve the September 5, 2023 work session 27 City Council meeting minutes as presented. Motion passed unanimously. 28 29 B. Approval of the September 5, 2023 Regular City Council Meeting Minutes 30 Martin noted that prior to the meeting Johnson circulated changes as proposed to be 31 incorporated by herself and Cavanaugh. 32 33 Moved by Albers, seconded by DesLauriers, to approve the September 5, 2023 regular 34 City Council meeting minutes as amended. Motion passed unanimously. 35 36 V. CONSENT AGENDA (7:02 p.m.) 37 38 A. Adopt Resolution Approving the Decertification of Tax Increment Financing 39 District No. 1-9 40 B. Adopt Ordinance Amending the School Lake Nature Preserve Conservation 41 Design-Planned Unit Development District Pertaining to Lot 2, Block 3 42 C. Adopt Resolution to Publish Ordinance Amending the School Lake Nature 43 Preserve Conservation Design-Planned Unit Development District by Title 44 and Summary 45 D. Adopt Resolution Granting Preliminary and Final Approval of the School 46 Lake Nature Preserve 3rd Addition Plat 47 Moved by Cavanaugh, seconded by DesLauriers, to approve the consent agenda. 48 Motion passed unanimously. 49 50 Medina City Council Meeting Minutes September 19, 2023 2 VI. COMMENTS (7:03 p.m.) 1 2 A. Comments from Citizens on Items not on the Agenda 3 There were none. 4 5 B. Park Commission 6 Park Commissioner Morrison reported that the Commission did not meet in August but 7 discussed the issue of pickleball at length in July, with consensus to await results of the 8 noise study before making recommendations related to noise mitigation. She 9 commented that the discussions will continue at the Commission meeting the following 10 night. She provided updates on improvements made to Lakeshore Park, Hamel Legion 11 Park, and other parks. 12 13 DesLauriers noted input that he received from residents related to potential crosswalks 14 and trails and asked the Commission to discuss the requests. 15 16 C. Planning Commission 17 Finke reported that the Planning Commission met the previous week to consider an 18 ordinance that would prohibit the sale of lower potency hemp derived edibles, noting that 19 the Commission unanimously recommended adoption of the proposed ordinance. He 20 noted that there was some discussion about potentially allowing businesses that hold 21 liquor licenses to sell those products, however this idea did not get included in the 22 Commission’s recommendation. He reported that the Commission also considered the 23 tree preservation ordinance, noting that was the second hearing on the topic and the 24 Commission recommended approval of the ordinance which is on the agenda tonight. 25 26 DesLauriers commented that he spoke with two members from BAPS who believe they 27 will begin construction in spring of 2024. He asked if 500 Hamel Road would be holding 28 a meeting this week and asked if someone from the City would be attending. 29 30 Finke replied that he will be attending and anyone else who is interested could also 31 attend, noting that Martin and Commissioner Nielsen had been invited as they had 32 previously attended those meetings. 33 34 Martin noted that the intent is for the meeting to be a neighborhood meeting and 35 discouraged elected officials against providing input on whether the proposal would meet 36 the City Code requirements. 37 38 Cavanaugh noted that he would be attending as a resident because he owns a 39 neighboring property. 40 41 VII. NEW BUSINESS 42 43 A. Resolution Providing for the Issuance and Sale of General Obligation 44 Improvement Bonds, Series 2023A, in the Proposed Aggregate Principal 45 Amount of $2,215,000 (7:12 p.m.) 46 Johnson commented that it was determined that bonding should be used for certain 47 2022 and 2023 road projects. 48 49 Medina City Council Meeting Minutes September 19, 2023 3 Barnhart commented that a memorandum was included in the packet along with the 1 presale information. She stated that the final sale would be presented to the Council in 2 October if this is approved tonight. 3 4 Martin asked if the sale in its entirety would be anticipated to an institutional investor. 5 6 Keith Dahl, Ehlers, replied that is correct. He commented that they will do a competitive 7 placement and this resolution would provide staff direction to work with Ehlers. He 8 reviewed the work that Ehlers would do in anticipation of the sale which would occur in 9 October. 10 11 Moved by DesLauriers, seconded by Reid, to adopt resolution providing for the issuance 12 and sale of general obligation improvement bonds, Series 2023A, in the proposed 13 aggregate principal amount of $2,215,000. Motion passed unanimously. 14 15 B. Tree Preservation Ordinance Discussion (7:15 p.m.) 16 Johnson noted that the original ordinance was established in 2006 and per the direction 17 of the Council, staff suggested some revisions that were reviewed and commented on by 18 the Planning Commission. He noted that Martin also suggested some revisions. 19 20 DesLauriers recused himself from this item. 21 22 Finke provided background information on the existing tree preservation regulations, 23 noting that it is a bit complicated. He stated that staff reviewed the regulations of other 24 communities and provided an overview, noting that the two-tiered approach of Medina is 25 unique. He commented that Medina is on the lower allowance for removal before 26 replacement is required and on the higher end of the replacement ratio. He noted that 27 the intent is for an applicant to develop a layout that would minimize tree removal. He 28 commented that staff suggested some technical changes that would either formalize 29 practices and other things that seemed reasonable through PUD discussions. He noted 30 that those were largely endorsed by the Planning Commission as well. He stated that 31 the topic of land use had more discussion, noting that the Planning Commission felt that 32 Uptown Hamel deserved its own regulations because of the desire for intense 33 commercial/business district development. He stated that the same allowed removal 34 would apply but a different method of replacement would be recommended to preserve 35 tree canopy. He noted some of the other alternative methods that were discussed for 36 Uptown Hamel. 37 38 Martin asked if the Council had any concerns with the redline technical changes 39 proposed. 40 41 Cavanaugh referenced the issue of right-of-way and asked for more details. 42 43 Finke replied that the exemption would apply only in existing rights-of-way, providing the 44 example of a turn lane that is required to support a new development within an existing 45 right-of-way adjacent to the property. 46 47 Martin asked the Council for input on the concept for Uptown Hamel, noting that she 48 believes it to be a good policy change. The other members of the Council agreed. 49 50 Medina City Council Meeting Minutes September 19, 2023 4 Albers referenced the planted tree policy and asked if he understood that correctly as in 1 if he had planted trees on his own property, he would receive credit for those trees if he 2 were to have tree removal. He asked if he were to plant trees on his property and sell 3 his property to a developer, would the developer receive the same credit for those 4 planted trees. 5 6 Finke replied that the credit could apply in a development scenario and provided 7 additional details. 8 9 Albers recalled a project that was recently considered where planted trees were 10 removed by a developer and asked if the developer received credit in that situation. 11 12 Finke replied that was Marsh Pointe and explained that through the PUD process the 13 City did approve that those trees were not required to be replaced, which is consistent 14 with this language. He commented that if the trees were not removed, they counted 15 towards the denominator but if they were removed, they were not counted. 16 17 Albers asked why the City would not want to count those trees and require replacement. 18 19 Finke replied that the intent would be that you would not want to disincentivize someone 20 from planting trees on their property if the future goal is development. 21 22 Martin commented that it would also seem to make sense to have an exemption for 23 operations such as a Christmas tree farm or orchard. 24 25 Albers understood that you would not want to disincentivize a person from planting trees 26 that would later need to be cut down and replaced. He asked how the ordinance would 27 act in a scenario where trees were planted, and a developer then purchases a property 28 and whether the developer would be required to replace those trees. 29 30 Martin replied that often the applicant is the actual fee owner of the property, not the 31 developer, as the closing typically does not occur until the land use entitlements are in 32 place. 33 34 Finke commented that if the person sold their home to someone and they chose to 35 develop, the exemption would no longer exist. He stated that if desired, they could use a 36 lower replacement ratio similar to Uptown Hamel, rather than having the exemption. 37 38 Martin commented that she likes the idea of a one-to-one replacement ratio. 39 40 Albers agreed. 41 42 Cavanaugh commented that they want to make a system that encourages people to 43 plant trees and if there are penalties, people would second guess whether it makes 44 sense to plant trees on large tracts of land. 45 46 Finke commented that this policy does exist and provided additional details on the 47 current policy. 48 49 Albers commented that Medina was part of the big wood forest and asked if a higher 50 credit should be given for big woods trees. 51 Medina City Council Meeting Minutes September 19, 2023 5 1 Martin commented that basswood has come up naturally in the environment more 2 recently. 3 4 Albers commented that perhaps this would fit into the old growth area. 5 6 Martin confirmed that Albers is asking whether a non-native tree removed would be 7 replaced at a lower rate than a native “big wood” tree. She confirmed that higher value 8 trees should have a higher replacement ratio. 9 10 Finke confirmed that staff is proposing that change. 11 12 Cavanaugh commented that he would believe that would discourage people from 13 planting trees and would not want to penalize people for planting trees. 14 15 Martin clarified that non-native tree removal would not be penalized. 16 17 Finke commented that the draft does discourage the removal of deciduous hardwood 18 trees and would reduce the replacement rate for other types of trees. He moved to the 19 proposed ratios of replacement for different tree species and reviewed the proposed 20 replacement ratios. 21 22 Martin commented that she would be fine with the removal of ash and elm. She asked 23 why a diseased tree would be required for replacement, as that should simply be 24 removed. 25 26 Finke noted that there is a statement that if a forestry specialist makes the determination 27 that the tree is diseased, it could be removed without replacement. 28 29 Martin commented that she would like to focus on how this applies to development at 30 this time and then go back to discuss how this would apply to private property. She 31 confirmed consensus of the Council with the replacement rate as proposed for the first 32 and second categories. 33 34 Finke noted that ultimately there would be less replacement required, which could lead 35 to less contribution to the reforestation fund. He noted that this change would also be 36 more in line with other communities. 37 38 Martin confirmed agreement with everything proposed with the exception that common 39 trees should be labeled pioneering trees. 40 41 Finke noted that there were a few things noted in the staff report that were discussed 42 with the Planning Commission but not recommended to move forward and provided a 43 brief overview. He stated that they discussed having more explicit language related to 44 the preservation of woodlands but decided that was best located within the PUD 45 ordinance, along with language related to available density bonuses. 46 47 Martin confirmed that the Council also agrees with those recommendations of the 48 Planning Commission. 49 50 Medina City Council Meeting Minutes September 19, 2023 6 Finke stated that the Planning Commission recommended approval after discussing the 1 ordinance at two consecutive meetings. He stated that Martin provided suggestions, 2 noting that the majority were related to grammar. 3 4 Martin provided an overview of her proposed changes. She referenced the issue of 5 diseased trees and asked if that should be defined and whether that should be split out 6 between development and private property. She commented that if a significant tree is a 7 healthy tree, it would seem a diseased tree would not fall into that category. She also 8 noted the inclusion of tree farms or orchards into commercial operations that would be 9 exempt. 10 11 Albers used the scenario that a diseased tree is identified and removed, noting that there 12 may be other similar species trees on the property and a homeowner may want to 13 proactively remove those trees at the same time. 14 15 Martin commented that she does not believe that a homeowner would want to pay an 16 arborist to return to the site to continue to identify diseased trees. She stated that once 17 the disease is identified on the property, the property owner should be allowed to 18 remove those trees. 19 20 Finke commented that Dutch elm is identified elsewhere in the Code and there could 21 actually be a mandate to remove those trees. He stated that perhaps disease 22 susceptible would be an appropriate term. 23 24 Albers stated that perhaps elms and ash trees are called out differently. 25 26 Finke confirmed that staff could work on that language to address diseased ash and elm 27 trees on private property. 28 29 Martin continued to review her grammatic suggestions. 30 31 Albers commented that he does not believe a developer should get credit for previously 32 planted trees. 33 34 Finke asked if that would be at full replacement, or something less in order to not be a 35 disincentive to someone planting trees on their property for someone that may want to 36 develop in the future. He confirmed that provision exists in the current Code and 37 provided more specific details, noting that Marsh Pointe was done through a PUD. He 38 provided a more in-depth explanation of how the proposed ordinance language is 39 written. 40 41 Martin stated that perhaps staff could research a bit more and come back with a few 42 examples and options to be discussed. 43 44 Johnson noted that staff is not looking for action tonight and staff will come back with the 45 options as discussed. 46 47 Martin confirmed consensus that there should be an exemption for commercially planted 48 trees, such as a tree farm or orchard. 49 50 Medina City Council Meeting Minutes September 19, 2023 7 Finke referenced the issue of a developer versus a private property noting that a private 1 property would have a lower threshold of removal because they would not have the 2 allowed removal rate as a development. He commented that the theory is that there 3 would be a hesitation to allow more removal at the time of initial site development on a 4 larger property. He provided details on developments with more streets and utilities 5 versus a large commercial development that would not have that same type of 6 infrastructure. 7 8 Albers asked if there is follow up to ensure that protected trees survive during 9 construction. 10 11 Finke commented that if the measures are followed to protect the trees, it would be 12 assumed that tree would survive. He noted that if they violate the protective tree fence, 13 it would then need to be replaced. 14 15 Martin commented that perhaps there should be more information at a future Council 16 meeting on the percentage mentioned by Finke. 17 18 DesLauriers rejoined the Council. 19 20 VIII. CITY ADMINISTRATOR REPORT (8:46 p.m.) 21 Johnson commented that he is attempting to schedule the fall business tour with the 22 AutoMotorPlex and confirmed the date of September 26th. 23 24 Moved by Martin, seconded by Albers, to set a special meeting for 10 a.m. on 25 September 26, 2023 at the AutoMotorPlex. Motion passed unanimously. 26 27 Johnson commented that Celebration Day was held the previous Saturday and was a 28 great success, acknowledging the efforts of staff. He stated that a request was received 29 from MnDOT for a grant request for a rapid transit bus study grant on Highway 55. 30 31 Moved by Martin, seconded by Albers, to issue a draft letter to the United States 32 Transportation Secretary as presented. Motion passed unanimously. 33 34 IX. MAYOR & CITY COUNCIL REPORTS (8:49 p.m.) 35 Martin asked if the City has looked into availability of grants for municipalities to install 36 solar. She stated that perhaps the City should obtain bids and determine when the 37 equipment would pay for itself. 38 39 Johnson commented that the City invested in offsite solar a number of years ago and 40 has an agreement in place. 41 42 X. APPROVAL TO PAY THE BILLS (8:51 p.m.) 43 Moved by Albers, seconded by Martin, to approve the bills, order check numbers 44 054772-054837 for $1,250, 904.74 EFT 006985E-007002E for $65,260.63, and payroll 45 EFT 0512993-0513207 for $68,579.71. Motion passed unanimously. 46 47 Medina City Council Meeting Minutes September 19, 2023 8 XI. ADJOURN 1 Moved by DesLauriers, seconded by Reid, to adjourn the meeting at 8:52 p.m. Motion 2 passed unanimously. 3 4 __________________________________ 5 Kathleen Martin, Mayor 6 Attest: 7 8 ____________________________________ 9 Caitlyn Walker, City Clerk 10 Medina City Council Special Meeting Minutes 1 September 26, 2023 DRAFT MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 26, 2023 The City Council of Medina, Minnesota met in special session on September 26, 2023 at 10:00 a.m. at the locations noted below in Medina, MN. I. Call to Order Members present: Albers, DesLauriers, Martin, and Cavanaugh Members absent: Reid Also present: City Administrator Scott Johnson, City Clerk/Assistant to the City Administrator Caitlyn Walker, Public Works Director Steve Scherer, Planning Director Dusty Finke, and Finance Director Erin Barnhart. II. 2023 Fall Business Tour AutoMotorPlex – 3600 Arrowhead Drive – City Council and staff met with Bruno Silikowski at the facility. He provided a tour and information on the business to the City Council. Mr. Silikowski informed the City Council that he is happy in Medina and the buildout of the facility will be completed in the near future. III. Adjournment The meeting was adjourned at 11:10 a.m. _________________________ Kathleen Martin, Mayor Attest: ____________________________ Caitlyn Walker, City Clerk Medina City Council Special Meeting Minutes 2 September 26, 2023 This Page Intentionally Left Blank Resolution No. 2023-XX October 3, 2023 Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-XX RESOLUTION ACCEPTING DONATIONS FOR MEDINA CELEBRATION DAY WHEREAS, The donors listed on Exhibit A (the “Donors”) have generously offered to donate money, as well as other resources, listed on Exhibit A (the “Donation”) to the City of Medina (the “City”); and WHEREAS, the Donation will be dedicated to the City’s Community Event Fund to pay for the annual Celebration Day activities; and WHEREAS, the City wishes to accept the Donation and express its gratitude to the Donors for their generosity. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that the City accepts the Donation and thanks the Donors. Dated: October 3, 2023. ____________________________________ Kathleen Martin, Mayor ATTEST: ___________________________________ Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. Agenda Item #5A Resolution No. 2023-XX October 3, 2023 Exhibit A Donations & Volunteers Business Name Donation Maple Crest Landscape $250 Fortin Health & Wellness Clinic $100 Farmers State Bank of Hamel $500 Flagship Technologies Inc. $250 Adam's Pest Control, Inc. $50 Loram $500 Medina Entertainment Center $550 DMJ Asphalt / KD & Company Recycling, Inc. $500 Dojo Karate $250 Hamel American Legion $100 Art2Heart $100 Sharepoint Credit Union $50 John Day Company $100 Inn Kahoots $500 BAPS Hindu Temple $50 Gregor Farm & Greenhouse, Inc. $250 Medina Golf & Country Club $50 Norske Electric $50 Houlihan State Farm Insurance $500 Sota Chiropractic $50 Medina-Hamel School of Rock $50 Scherer Pumpkin Patch Pumpkin & Gourd Donation Robert's Craft Kitchen Beverage Vendor Caribou Beverage Vendor Hometowne Pizza Food Vendor Scout Troops 3570 & 5570 Archery Activity West Suburban Fire Department Barrel Train Ride Volunteer Club - Wayzata High School Event Preparations & Activity Management Wayzata Youth Hockey Association Bingo Host Ordinance No. ### 1 DATE ME230-1A-898698.v1 CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE PROHIBITING THE SALE OF EDIBLE CANNABINOID PRODUCTS UNDER MINNESOTA STATUTES, SECTION 151.72 WHEREAS, Minnesota Statutes, section 151.72 (“Section 151.72”) authorizes the retail sale of edible cannabinoid products, as that term is defined therein; and WHEREAS, on November 1, 2022, the City of Medina (the “City”) adopted Ordinance No. 696, which established a one-year moratorium on the sale of edible cannabinoid products in the City and further authorized a study to determine how the City should regulate such products; and WHEREAS, Ordinance No. 696 became effective on November 17, 2022 following its passage and publication in the City’s official newspaper; and WHEREAS, in May of 2023, the Minnesota Legislature enacted, and the Governor thereafter signed, 2023 Minnesota Session Laws, Chapter 63 – H.F. No. 100 (the “Act”), which is comprehensive legislation relating to cannabis including, but not limited to, the establishment of the Minnesota Office of Cannabis Management (the “OCM”), legalizing and limiting the sale, possession and use of cannabis and certain hemp products, providing for statewide licensing and regulation of cannabis and hemp businesses by OCM, taxing the sale of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan programs, amending criminal penalties, providing for expungement of certain convictions, and, by way of an amendment to Section 151.72, providing certain temporary regulations relating to the unlicensed retail sale of edible cannabinoid products; and WHEREAS, the Act provides that the OCM, upon formation and eventual operation and rulemaking, will regulate and license cannabis and hemp retail establishments that sell the various products regulated under the Act via Minnesota Statutes, chapter 342, including, but certainly not limited to, products that presently may be sold under Section 151.72 without OCM licensure; and WHEREAS, the retail sale of edible cannabinoid products in the City under Section 151.72, prior to the commencement of a comprehensive statewide regulatory scheme and uniform licensing program administered by the OCM, will have drastic effects on the community due to the limited regulatory oversight, including on those who use the products as well as those who are affected by the actions of such users; and WHEREAS, such retail sales and the availability of edible cannabinoid products in the community, especially absent more comprehensive regulation and licensure under chapter 342, will impose an unnecessary burden on City resources, including its already limited law enforcement resources; and WHEREAS, Section 151.72 does not expressly prohibit or limit local regulation of edible cannabinoid products that are authorized for retail therein, and furthermore, the temporary Agenda Item #5B Ordinance No. ### 2 DATE ME230-1A-898698.v1 regulations established in Section 151.72, which are scheduled to automatically repeal on March 1, 2025, clearly do not constitute the Legislature having occupied the field of regulation regarding the sale of edible cannabinoid products; and WHEREAS, additionally, the Medina City Council is authorized, under Minnesota Statutes, section 412.221, subdivision 32 “to provide for the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare”; and WHEREAS, based on the recitals contained herein, which are hereby adopted as factual findings of the Medina City Council, it is determined to be in the best interests of the City and its residents that a prohibition on the sale of edible cannabinoid products in the City under Section 151.72 be implemented to ensure that such products are not sold in the City unless and until they are regulated via OCM licensure and otherwise operate in accordance with all applicable state and local regulations, as contemplated under the Act. NOW, THEREFORE, the City Council of the City of Medina ordains as follows: SECTION I. Chapter 6 of the Medina City Code is hereby amended by adding a new section 650 as follows: CHAPTER 6 BUSINESS REGULATIONS AND LICENSES 650. EDIBLE CANNABINOID PRODUCTS Section 650.01. Retail Sale Prohibited. The retail sale of edible cannabinoid products, to the extent authorized under Minnesota Statutes, section 151.72, is hereby prohibited in the city. Nothing contained in this Section 650 shall be interpreted or construed to prohibit the sale of any product pursuant to Minnesota Statutes, chapter 342, including, but certainly not limited to, lower- potency hemp edibles, provided that such sales are made in strict compliance with said chapter 342 and all other applicable state and local laws. Section 650.03. Violations. Any violation of this Section 650 shall be considered a misdemeanor, and the city may also enforce this section by mandamus, injunction, or other appropriate civil remedy, in law or equity, in any court of competent jurisdiction. A violation of this Section 650 is also subject to the city’s general penalties prescribed in the city code and may further result in the city reporting such violation to the Minnesota Office of Cannabis Management (“OCM”), if deemed relevant to OCM licensing. Additionally, a violation of this Section 650 by an establishment licensed by the city to conduct any bona fide business endeavor shall subject said establishment to suspension or revocation of any city-issued business license, including, but certainly not limited to, any city-issued liquor license. Any such license suspension or revocation shall be implemented in accordance with applicable city procedures. Ordinance No. ### 3 DATE ME230-1A-898698.v1 Section 650.05. Repealer. This Section 650 shall automatically repeal upon the repeal of Minnesota Statutes, section 151.72, which is currently scheduled for March 1, 2025. Upon such repeal, this entire Section 650 shall no longer be effective and, accordingly, shall be removed from the Medina City Code. SECTION II. Upon the effective date of this Ordinance, Ordinance No. 696, An Interim Ordinance Authorizing a Study and Imposing a Moratorium on the Sale of Edible Cannabinoid Products, shall be repealed in its entirety. SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____day of ___________, 2023. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Caitlyn Walker, City Clerk Published in the Crow River News on the ____day of _____, 2023. 1 ME230-1A-898712.v1 Member ____ introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-___ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ### BY TITLE AND SUMMARY WHEREAS, the city council of the city of Medina has adopted Ordinance No. ###, “An Ordinance Prohibiting the Sale of Edible Cannabinoid Products Under Minnesota Statutes, Section 151.71”; and WHEREAS, Minnesota Statues § 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the three-page ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Medina that the city clerk shall cause the following summary of Ordinance No. ### to be published in the official newspaper in lieu of the ordinance in its entirety: Public Notice The city council of the City of Medina has adopted Ordinance No. ###, An Ordinance Prohibiting the Sale of Edible Cannabinoid Products Under Minnesota Statutes, Section 151.71. The ordinance creates a new section 650 of the Medina City Code, which prohibits the sale of edible cannabinoid products in the city to the extent such sales are authorized under Minnesota Statutes, section 151.72. The ordinance, which will automatically repeal when section 151.72 is repealed, also establishes penalties and consequences for violations. Finally, the ordinance also repeals Ordinance No. 696, which had established a one-year moratorium on the sale of edible cannabinoid products in the city. The full text of the ordinance is available from the city clerk at Medina city hall during regular business hours. BE IT FURTHER RESOLVED by the city council of the City of Medina that the city clerk keep a copy of the ordinance in their office at city hall for public inspection and that they post a full copy of the ordinance in a public place within the city. Dated: _______________________, 2023 ______________________________ Kathleen Martin, Mayor ATTEST: ______________________________ Caitlyn Walker, City Clerk Agenda Item #5C 2 ME230-1A-898712.v1 The motion for the adoption of the foregoing resolution was duly seconded by member __________ upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. What is a technology levy? A technology levy, also known as a capital projects levy, is a locally-approved source of funding. These funds must be dedicated for technology-related needs, including: •Student iPads and staff computers •Educational software and interactive classroom equipment •District communication tools and security systems •Essential technology training and support for students and staff The State of Minnesota does not dedicate funds for technology in our schools. Districts must rely on voter-approved levies. Thanks to strong community support, Wayzata Public Schools currently has two technology levies in place. Why do we have to renew one of the levies now? We have two tech levies in place. One expires with taxes payable in 2025 and one expires with taxes payable in 2029. School districts can put a levy request on the ballot up to five years before it goes into effect. We want to ensure that we are able to maintain our current level of funding, so we are asking voters to renew the tech levy that expires after taxes payable in 2025 now. What is the ballot request? The request is for a 10-year technology levy of $5.7 million per year. Approval of the levy will allow the district to: •Replace aging classroom technology equipment and student and staff devices •Maintain school safety and security systems •Maintain essential technology support for students and staff What is the tax impact? •There is no tax increase if voters approve the levy because it is a renewal of an existing locally-approved levy. What if the request is not approved by voters? We will not be able to: •Replace aging classroom technology equipment and student devices. •Maintain the technology support that staff and students rely on every day in our schools. Keep technology strong in our schools Technology levy renewal Vote November 7, 2023 How is technology used in our schools? Technology is essential to each and every student. It allows students to learn at their own pace and enables teachers to personalize learning for students. Teaching and learning •Up-to-date technology devices for all students and staff •Instructional software and online resources •Interactive classroom equipment •Tools for communicating with students and families Safety and security •School safety and security systems •Cybersecurity and student data privacy Support •Staff training, troubleshooting and repairs •Network infrastructure and reliable internet environment Continued on back Agenda Item #7A Wayzata Public Schools has the highest possible bond rating (Aaa) from Moody’s Investors Service Prepared and paid for by the Wayzata Public Schools, 16000 41st Ave. N., Plymouth, MN 55446. Community survey reveals strong support Results of a recent survey of Wayzata Public Schools’ residents indicate broad support for technology and the district. Learn more Visit wayzataschools.info/tech-levy Email techlevy@wayzataschools.org Call 763-745-5005 Vote November 7 Vote on election day Tuesday, November 7 7 a.m. to 8 p.m. Find your polling location at mnvotes.org Vote early by mail To vote by mail, apply to have an absentee ballot mailed to you. For more information, visit mnvotes.org. Vote early in person Creekside Building 16000 41st Avenue North, Plymouth September 22 - November 6 (M-F) Hours 7:30 a.m. to 4 p.m. Saturday, November 4 Hours 8 a.m. to 3 p.m. Tree Preservation Page 1 of 3 October 3, 2023 Regulations City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 28, 2023 MEETING: October 3, 2023 City Council Meeting SUBJECT: Tree Preservation Regulations Background The City Council discussed the City’s Tree Preservation regulations at the September 19 meeting and requested examples of potential implications of following proposed changes: 1) Reduction of replacement for pioneering trees (box elder, willow, cottonwood, etc.) 2) Exemption for planted trees More information related to the City’s existing regulations, regulations in other communities, and a series of other proposed changes was described in the staff report presented at the September 19 meeting, which is attached for reference. Calculation of Replacement Ratio Options Both the Planning Commission and City Council had discussed that it seemed reasonable to discuss a lower replacement ratio for faster growing, pioneering trees such as box elder, cottonwood, and willow trees. The draft ordinance presented at the September 19 meeting included a ratio of 1/2” Replacement: 1.0” Removed for these types of trees. The City Council also discussed whether coniferous trees such as Black Hills Spruce, which tend to be more landscape trees, made sense to have a lower ratio. Staff reviewed the tree survey from the Marsh Pointe Preserve to provide an example. Each development is going to be unique based upon the existing share of trees, but this provides an example. The full tree survey is attached for reference. Following is a table showing the required replacement based upon three different replacement ratios. Column F shows replacement under existing regulations, Column G shows replacement with pioneer trees at ½”:1”, and Column H shows replacement with coniferous and pioneering trees at ½”:1”. This table assumes no waiver or reduction for planted trees. A B C D E F G H Existing Trees Removed Removed %Replacement Trees Req. inch:inch (current code) 0.5 pioneer, tree:tree Ash 0.5 pioneer, coniferous Ash/Elm 109 62 56.9% 29.3 343 70 70 Common 141 77 54.6% 41.75 444 222 222 Coniferous 191 158 82.7% 110.25 1075 1075 538 Hardwood 155 52 33.5% 13.25 141 141 141 596 349 58.6%2003 1508 971 Required Replacement Options MEMORANDUM Agenda Item #8A Tree Preservation Page 2 of 3 October 3, 2023 Regulations City Council Meeting During discussion on September 19, the Council also discussed the option of “capping” the replacement for pioneering trees (perhaps requiring inch:inch replacement, but not over 16” or 20” for any tree). In this case, most of the pioneering trees were under 20”, so the cap would not have come into play. As a note, staff calculates the replacement requirements starting with the smallest removed trees (since the ordinance allows removal of a certain number of trees, staff assumes that the largest trees were allowed to be removed). If we assume a development site of this size may be able to plant 300” of replacement trees, the contribution to the reforestation/forest management fund under each scenario is shown to the right: Staff has requested spreadsheets for some other recent developments and may be able to provide some additional examples at the October 3 meeting. Calculation for Planted Trees The Council discussed various options for potential ways to reduce replacement requirements for trees that are planted by the current property owner. Existing Regulations The existing regulations allow a property owner to claim credit for trees which were planted. The credit is provided at the size at time of planting, with a minimum of 2” assumed. In the Marsh Pointe Preserve example, it appears that the ordinance would have calculated at 94” of replacement trees. Exemption The current draft ordinance includes language which would exempt planted trees from the replacement calculations. The following table summarized the replacement calculation if the planted trees were exempt, and can be compared to the table above. A B C D E F G H I Existing Trees Planted Trees "Native" Trees Total Removed Planted Removed "Native" Removed "Native" Removal % Replacement (planted exempt) Ash/Elm 109 44 65 62 39 23 35.4%14 Common 141 30 111 77 28 49 44.1%101 Coniferous 191 191 0 158 158 0 NA Hardwood 155 42 113 52 36 16 14.2%0 596 307 289 115 Column Ratio Contribution F 1”:1” (current) $170,300 G ½”:1” pioneer $120,800 H ½”:1” pioneer+ coniferous $97,100 Tree Preservation Page 3 of 3 October 3, 2023 Regulations City Council Meeting Other Potential Alternatives In this example, the planted trees were predominantly coniferous (191 of 308) and only 42 of 308 planted trees were hardwood deciduous. Thinking through this example, the following additional alternatives came to mind: 1) Exempt Pioneer and/or Coniferous 2) Limit replacement of planted trees (tree:tree or 8” per tree) The two tables above allow a good approximation of how these alternatives may apply in the Marsh Pointe example. If pioneer and coniferous trees were exempted, but hardwood deciduous trees were not, an additional 141” of replacement would be required. The “Planted Removed” column F would show approximately how many additional trees would be required if they were not exempted. Size of Replacement Trees/Bare Root Prohibition The Council requested that staff report whether the City’s limitation on bare root replacement trees should be reviewed. Staff discussed with Emily Ball, a forestry professional at WSB, who advised that the City may actually be better served by considering removing the 2” minimum planting requirement. Finding a diversity of tree species available at 2” will likely be difficult and may become more difficult with increased interest in planting to mitigate for Emerald Ash Borer. Allowing 1 ¼” or 1 ½” trees would make planting more diversity much more practical. Because the City requires a 2-year guarantee on the plantings, Emily believed it would be reasonable to leave flexibility for the type of stock (container, B&B, bare root), again to address potential supply issues of different tree species. If the City allows the planting of smaller trees to improve opportunity for species diversity, this would lead to a higher number of trees because much of replacement is based on an inch calculation. Staff believes it may be appropriate to provide “credit” at 2” to encourage diversity. Staff seeks feedback on this subject before incorporating language. Planning Commission Recommendation/Potential Action Staff seeks feedback and direction from the City Council on the subjects discussed above. There is not necessarily a required timeframe for adoption of amendments. If the City Council needs additional information or discussion, the ordinance can be continued to future meetings. Once the City Council has completed review, the following action can be taken: Motion to direct staff to present the ordinance related to Tree Preservation for action on a future consent agenda [with the following recommended changes, if any]. Attachments 1. Ordinance 2. September 19, 2023 Staff Report 3. Example Tree Survey Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE PERTAINING TO TREE PRESERVATION AND REPLACEMENT The City Council of the City of Medina ordains as follows: SECTION I. Section 828.41 of the code of ordinances of the City of Medina is amended by adding the underlined language and deleting the struck through language as follows: Section 828.41. Tree Preservation and Replacement. Subd. 1. Purpose. The purpose of this ordinance is to promote, within the city, development that retains Medina’s rural character, in which the natural environment is the dominant feature. Trees and landscaping are a major component of the natural environment, and the city recognizes that preservation and replanting of trees is important in order to maintain a healthy and desirable community. The city further recognizes that a certain amount of tree loss is an inevitable consequence of the development process, but that the reforestation of this valuable renewable resource will ultimately provide a long- term environmental and economic benefit. In light of such purposes and the various functions outlined in subdivision 2, the requirements provided in this section bear an essential nexus and rough proportionality to the negative impacts of Significant Tree removal, and the city has a legitimate interest in addressing such impacts through the mechanisms described herein. This ordinance is adopted pursuant to the authority provided to the city under state law, including, but not necessarily limited to, Minnesota Statutes, sections 412.221, subd. 8 and 462.358. Subd. 2. Function. The function of this ordinance includes but is not limited to: (a) improving air quality; (b) reducing noise pollution; (c) improving water quality; (d) preventing of soil erosion; (e) conserving energy by providing natural insulation and shading; (f) reducing the urban heat island effect; (g) increasing property values by establishing tree buffers that provide privacy protection between conflicting land uses; (h) providing habitat for wildlife, including birds that help control insects; (i) enhancing the city’s physical and aesthetic environment; and (j) enhancing the quality of life and the general welfare of residents. Subd. 3. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: (a) “Best Management Practices” (“BMP”) are the Erosion and sediment control Ordinance No. ### 2 DATE practices as well as conservation or Low Impact Development principles related to Tree preservation and removal, thatwhich are the most effective and practicable for controlling, preventing and minimizing negative impacts on existing Trees, minimizing soil exposure and protecting tracts of Woodland and Old Growth Forest Remnants. (b) “Crown Cover” is the protective canopy created by the overlapping leafy heads of Trees that shelters the habitat beneath it. (c) “Development Site” is the surveyed parcel, or site, including those improvements that occur on-site or adjacent to the Development Site or spoil site locations. A Development Site includes both the Primary and Secondary Construction Zones. (d) “Diameter” is the width of a Tree’s trunk, measured at four (4) feet above the ground. (e) “Dripline” is the farthest distance away from the trunk of a Tree that rain, or dew, will fall directly to the ground from the leaves or branches of the Tree to the roots. (f) “Forestry Specialist” is a person certified in urban forestry functions and management, who has been retained by the city, or an applicant. (g) “Initial Site Development” is the grading and construction of streets, trails, and sidewalks; the installation of utilities, including water, sanitary sewer, storm sewer, natural gas, electric, and cable television; or the grading and construction of drainage ways and storm detention areas. (h) “Lost Trees” are Significant Trees in areas to be preserved but that die as a result of construction or Development Site improvement activities and must be replaced at the same ratio as Significant Trees. Such Trees shall be considered Lost Trees when they die as a result of: (i) grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically and affecting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (ii) secondary construction activities that result cutting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (iii) mechanical injury to the trunk of a Significant Tree, causing the loss of thirty (30) percent, or more, of the bark at a specific part of the Tree; or (iv) compaction to ninety (90) percent of a depth of six (6) inches, or more, of forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree). (i) “Low Impact Development” or “LID” means multi-functional site design, Ordinance No. ### 3 DATE streetscapes and architecture that maintains and restores vital terrestrial ecological processes necessary to protect the ecological integrity of the land. (j) “Natural Resources Inventory” is a document developed by the city that denotes where regionally significant natural resources are located within the city. (k) “Principal Structure” means any building or structure on the property in which the main use of the property takes place. (l) “Private Road” means a privately owned (or controlled) and maintained drive, street, road, lane, or any improved or unimproved surface, not dedicated to a governmental entity as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels or principal buildings, whether created by a private right-of way, easement, or other device. (m) “Old Growth Forest Remnant” is a natural forest remnant that is one acre or greater, that has developed over a long period of time, generally around 100 years, with young, middle-aged and old Trees present. It is dominated by shade tolerant species, such as sugar maple and basswood. All Old Growth Forest Remnants are identified in the city’s current Natural Resource Inventory or in the current Natural Areas and Community ID Numbers map which are available at city hall. (n) “Replacement Trees” are Trees that replace removed Significant Trees. (o) “Significant Tree” is a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter. (p) “Subdivision” means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) creating cemetery lots; (3) resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. (q) “Tree” is a woody plant, which at maturity, is thirteen (13) feet or greater in height and that has a more or less defined crown. (r) “Tree Preservation and Replacement Plan” is a certified survey, which shows the location and species of all Trees to be preserved, removed, or disturbed, and the location of and type of Replacement Trees within the site, meeting the requirements of Subdivision 9(c) of this Section 828.41. (s) “WCA” means the “Wetland Conservation Act,” Minnesota Statutes Sections Formatted: Highlight Formatted: Highlight Formatted: Font: Not Bold, Highlight Formatted: Highlight Ordinance No. ### 4 DATE 103G.222-.2373. (t) “Woodland” is a group of Significant Trees and understory plants that are one (1) acre or greater in size and non-species specific, with a Crown Cover of fifty (50) percent or greater. Old Growth Forest Remnants are a species-specific type of Woodland. Subd. 4. Applicability. This ordinance shall apply to any of the following circumstances: (a) removal of more than two (2) Significant Trees on any property, developed or undeveloped, within a given calendar year, except as exempted by subdivision 5 of this section. (b) any formal land use application to the city that is to be zoned residential, including, but not limited to, Subdivisions, minor Subdivisions, site plans, rezoning and conditional use permits; (c) site improvements requiring a building, grading, driveway, sign or WCA permit; or (d) redevelopment of a legal non-conforming Principal Structure. Subd. 5. Exemptions. The following activities are exempt from the requirements of this ordinance: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Natural Resources), and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) removal of Trees that were planted as part of a horticultural tree farm or commercially-zoned properties which follow the zoning-specific requirements nursery; (c) removal of a Tree that has been infested by Dutch Elm Disease or Emerald Ash Borer, or has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; (f) removal of Trees that are dead or significantly damaged by storms or natural disasters; or Ordinance No. ### 5 DATE (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. (h) Removal of Trees by a public agency upon public land, right-of-way, or easement for the installation of public improvements. (g)(i) Removal of Trees related to improvements to existing public roadways adjacent to a Development Site or extension of utilities to a Development Site which are required by the City as a condition of land use application approval. Subd. 6. Allowed Tree Removal. (a) The following amount of Significant Trees may be removed from a site and replacement shall not be required. Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% (b) For activities that include the Subdivision of property or dedication of public or private right-of-way, the allowed number of Significant Trees that may be removed for Initial Site Development shall be based on the lot size prior to Subdivision. After the property is subdivided, the allowed number of Significant Trees that may be removed shall be based on the individual lot sizes within the Subdivision. Subd. 7. Waiver. A waiver, of the number of Trees required to be replaced, may be granted by the city council, in its full and absolute discretion, on a case-by-case basis for circumstances where the applicant has exhausted all reasonable design options for the Development Site. An applicant shall be eligible for a waiver only if he or she implements all Best Management Practices listed in Subdivision 8 of this ordinance. Waivers associated with a land use application shall be considered by the city council at time of the review of the application and shall not be considered after this review is approved. Formatted: List Paragraph, No bullets or numbering,Widow/Orphan control Formatted: List Paragraph, No bullets or numbering,Widow/Orphan control Ordinance No. ### 6 DATE Subd. 8. Standards Governing Tree Preservation, Protection and Planting. The following Best Management Practices shall be used for those Development Sites that utilize conservation easements that protect Old Growth Forest Remnants or Development Sites that are requesting waivers from certain requirements of this section: (a) Realignment of proposed streets and utilities in order to avoid Tree removal; (b) Reduction of required street width and increase of street grade up to an eight (8) percent slope by the city when the applicant can demonstrate that these changes result in Tree preservation; (c) The use of Private Roads in lieu of public streets; (d) Variation in street radius and speed design; (e) Modified grading plans; (f) Flexible lot lines; (g) Alternative utility configurations, such as the use of ejector pumps, force mains, or revised home elevations to minimize grading; (h) The use of flexible development standards, such as clustering of homes, in order to preserve Old Growth Forest Remnants, Significant Trees and open space; (i) The preservation of unique and rare Tree species or communities identified in the Natural Resource Inventory; and (j) The use of Low Impact Development principles. Subd. 9. Tree Preservation and Replacement Requirements. For all activities that are subject to this section, a Tree Preservation Plan must be submitted by the applicant for review and approval by the city. To the extend extent possible, Significant Trees and Trees located within Old Growth Forest Remnants, Woodlands and natural habitat areas shall be preserved. The Tree Preservation Plan shall include the following information: (a) Tree Inventory. The Tree inventory shall identify Significant Trees on the property. It shall include: (i) The location of and a list of all Significant Trees by species. In cases involving large stands of Trees, an applicant may, with city staff review and consent, show the area on the site plan and use a representative sample in order to calculate the number and species of Significant Trees. The list shall be provided in table and electronic spreadsheet format and shall quantify Significant Trees by the following categories: Ordinance No. ### 7 DATE A. Disease/Insect Susceptible Trees (Ash and Elm). B. Common Trees (Aspen, Box Elder, Cottonwood, Poplar, and Willow). C. Coniferous Trees. D. Hardwood Trees (Basswood, Birch, Catalpa, Cherry, Hackberry, Hickory, Ironwood, Locust, Maple, Oak, and Walnut). (ii) Significant Trees that are proposed to be removed. They shall be marked with an “X” on the site plan. The Diameter of each removed Significant Tree, in inches, shall also be noted. (iii) Identification of areas within Old Growth Remnant Forests, as defined by the Natural Resources Inventory. If an applicant wishes to adjust the area based on fieldwork, city staff must review and approve of any adjustment. (iv) A list of any ecologically unique and/or significant areas on the Development Site that are identified in the Natural Resources Inventory report. (b) Identification of the locations of any protective fencing and any other measures that will be taken to preserve the Trees. Protective fencing must be placed at least one foot beyond the Dripline of all Trees to be preserved. Any Trees lost as a result of construction activity will be counted when determining the amount of Trees that were removed, which may cause additional Replacement Trees to be required. (c) Tree Replacement Plan. If the proposed removal of Significant Trees exceeds that allowed by subdivision 6 of this section, Tree Replacement will be required and a Tree Replacement Plan will need to be submitted to the city for review and approval by the city council. The Tree Replacement Plan shall be certified by a Forestry Specialist. It shall contain the following information for each Replacement Tree. (i) (i) Number and Size of Trees to be Replaced. For Significant Trees located within an Old Growth Forest Remnant or other significant area identified by the Natural Resources Inventory, a Tree Replacement ratio of a Diameter of two (2) caliper inches per one (1) inch of removed Significant Trees and Lost Trees is required. For all other areas containing Significant Trees, a Tree Replacement ratio of a Diameter of one (1) caliper inch per one (1) inch of removed Significant Trees and Lost Trees is required. Required Replacement shall be provided as follows: A. Disease/Insect Susceptible Trees (Ash and Elm) shall be replaced at a ratio of at least one (1) Replacement Tree per one (1) Significant Tree removed. B. Common Trees (Aspen, Box Elder, Cottonwood, Poplar, and Willow) shall be replaced at a ratio of one-half (½) inch Replacement Tree per one (1) inch of removed Significant Tree. C. Coniferous Trees shall be replaced at a ratio of one (1) inch Replacement Tree per one (1) inch of Significant Tree removed. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 1", No bullets or numbering Formatted: Font: (Default) Times New Roman, 12 pt Ordinance No. ### 8 DATE D. Hardwood Trees (Basswood, Birch, Catalpa, Cherry, Hackberry, Hickory, Ironwood, Locust, Maple, Oak, and Walnut) shall be replaced at a ratio of one (1) inch Replacement Tree per one (1) inch of Significant Tree removed. (ii) Type of Replacement Trees. All Replacement Trees shall be native trees as defined by subdivision 10 of this section. All Replacement Trees shall be appropriate for the soil conditions found at the planting site. All Replacement Trees shall be from certified nursery stock and shall not be bare root stock. If more than twelve (12) Replacement Trees are required on a Development Site, there shall be no more than twenty-five (25) percent of the same species. (iii) Minimum Size of Replacement Trees. All deciduous Replacement Trees shall be a Diameter of at least two (2) caliper inches in size, except that Replacement for removal of Disease/Insect susceptible Trees may be smaller. All coniferous Replacement Trees shall be at least four (4) feet in height, which shall be equivalent to two (2) replacement inches. (iv) Placement of the Replacement Trees. All Replacement Trees shall be planted within the Development Site, in a non-patterned arrangement, duplicating natural conditions whenever possible. Replacement Trees may be planted in an alternative location if that location is approved by the city council. (v) Survival of Replacement Trees. All Replacement Trees must survive for at least two growing seasons from the date of planting before the city will refund the financial guarantee required by subdivision 13 of this section. In the event that a Replacement Tree dies or has severely declined (25% of crown has died) before the two growing seasons have passed, it shall be replaced with a Tree of the same caliper inch size. The new Tree must survive for two growing seasons from the date of its planting before the city will refund the financial guarantee. (vi) Credit for Previously Planted Trees. Trees which have been previously planted by the current property owner shall be exempt from the Replacement requirements of this section. Such Trees shall be excluded from the total number of Trees when calculating the allowed Removal and Replacement requirements. An applicant may, if they have previously planted Trees on the property while the property was under their ownership, receive credit for these Trees as part of the Replacement Plan. The Trees must meet the requirements of Replacement Trees stated above. The applicant must produce proof, acceptable to the city, that the planting of the trees occurred under the applicant’s ownership of the property. Credit for each previously planted Tree shall be granted based on the minimum size Replacement Tree allowed under this ordinance, unless the applicant is able to provide proof as to the size of the Tree at the time of planting. (vii) Replacement Trees in Uptown Hamel. Notwithstanding anything herein to Formatted: List Paragraph, Numbered + Level: 2 +Numbering Style: A, B, C, … + Start at: 1 + Alignment:Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Highlight Ordinance No. ### 9 DATE the contrary, if Replacement Trees are required within the Uptown Hamel zoning district, they shall be provided at a ratio of two (2) Replacement Trees per Significant Tree removed, except Disease/Insect susceptible trees (Ash/Elm) shall be provided at a ratio of one (1) Replacement Tree per Significant Tree removed. (d) Off-site Replacement; Contribution to City Environmental Fund. If required Tree Replacement is not practicable on the subject site because, in the City’s discretion, insufficient space exists to plant the Replacement Trees, an applicant may propose to plant in other locations in the City. Alternatively, an applicant may contribute an amount described in the City’s fee schedule to the City’s Environmental Fund for the purpose of forest management. The contribution shall be based upon the estimated cost equivalent to planting the required amount of Replacement Trees. (e) Amendments. A Tree Preservation or Replacement Plan may need to be amended after it has been approved by the city council. Requests for amendments shall be submitted to the Zoning Administrator prior to the issuance of the Tree Replacement permit. The city’s Zoning Administrator shall have the authority to approve minor amendments. Request for amendments after the Tree Replacement Permit has been issued shall be considered by the City Council. Subd. 10. Native Trees. The following is the list of Trees that are native to Minnesota for purposes of this section as specified by the Minnesota Department of Natural Resources’ “Field Guide to the Native Plant Communities of Minnesota, the Eastern Broadleaf Forest Province.”: (a) Ash, Black (Fraxinus nigra) RESERVED (b) Ash, Green (Fraxinus Pennsylvanica) RESERVED (c) Ash, White (Fraxinus Americana) RESERVED (d) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus grandidentata); (e) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus tremuloides); (f) Basswood, American (Tilia Americana); (g) Birch, paper (Betula papyrifera); (h) Birch, river (Betula nigra); (i) Birch, yellow (Betula alleghaniensis); (j) Butternut (Juglans cinerea); (k) Cedar, northern white (Thuja occidentalis); (l) Cherry, black (Prunus serotina); (m) Cherry pin (Prunus pensylvanica); (n) Elm, American (only Dutch Elm Disease resistant cultivars) (Ulmus Americana); (o) Fir, balsam (Abies balsamea); (p) Hackberry (Celtis occidentalis); (q) Hophornbeam, eastern (also called ironwood) (Ostrya virginiana); Ordinance No. ### 10 DATE (r) Hickory, bitternut (Carya cordiformis); (s) Hickory, shagbark (Carya ovata); (t) Honeylocust (Gleditsia triacanthos); (u) Hornbeam, American (also called blue beech)(Carpinus caroliniana); (v) Maple, black (Acer nigrum); (w) Maple, red (Acer rubrum); (x) Maple, silver (Acer saccharinum); (y) Maple, sugar (Acer saccharum); (z) Mulberry, red (Morus rubra); (aa) Oak, black (Quercus velutina); (bb) Oak, bur (Quercus macrocarpa); (cc) Oak, northern red (Quercus rubra); (dd) Oak, northern pin (also called Hill oak)(Quercus ellipsoidalis); (ee) Oak, swamp white (Quercus bicolor); (ff) Oak, white (Quercus alba); (gg) Pine, eastern white (Pinus strobes); (hh) Pine, jack (Pinus banksiana); (ii) Pine, red (also called Norway pine)(Pinus resinosa); (jj) Spruce, black (Picea mariana); (kk) Spruce, white (Picea glauca); (ll) Tamarack (also called eastern or American larch) (Larix laricina); and (mm) Walnut, black (Juglans nigra). (nn) Willow, Black (Salix nigra) (oo) Willow, Peachleaf (Salix amygdaloides) (pp) Willow, Heartleaf (Salix eriocephala) Subd. 11. Permit Required. Any activity regulated by this section shall require the applicant to obtain a Tree Preservation permit from the city. The application shall include a Tree Preservation and Replacement Plan (if required) for the Development Site. The application shall also include payment of a permit fee which shall be set by ordinance by the city council from time to time. Subd. 12. Financial Guarantee for Tree Replacement. In the event that Tree Replacement is required, the applicant shall submit a financial guarantee, in a form acceptable to the city at the time of obtaining the Tree Replacement Permit. The financial guarantee must be for at least two growing seasons in order to ensure both the planting and the survival of the Replacement Trees. If no Replacement Trees are required, the City may require a financial guarantee that will ensure that in the event that any existing Significant Trees are damaged or killed as a result ofat time of development, they will be replaced by Replacement Trees complying with the requirements hereof. No financial guarantee shall be required when there are no Significant Trees on the property. Subd. 13. Violations. It shall be a violation of this section for any person, firm or corporation, to destroy the number of Significant Trees beyond the limits established by this section. The Zoning Administrator shall determine non-compliance with this section, subject to review by the city council. In addition to any other enforcement method available Formatted: Highlight Formatted: Highlight Ordinance No. ### 11 DATE to the city, Tthe destruction or partial destruction of any Significant Trees in violation of this section shall be considered a violation and may result in revocation of the Tree Replacement permit or an action against the financial guarantees. Subd. 14. Penalties. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Such penalty may be imposed in addition to an action against the financial securities, suspension or revocation of the Tree Replacement permit. Nothing contained herein shall be interpreted to prohibit the city from enforcing this section through any other means available to it under law, including, but certainly not limited to, injunctive relief. SECTION II. The City’s fee schedule is hereby amended by adding the following fee: Contribution in-lieu of planting Replacement Trees $100 per caliper inch SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____ day of _______, 2023. _____________________________ Kathleen Martin, Mayor Attest: _________________________ Caitlyn Walker, City Clerk Published in the Crow River News on the ______ day of _____________, 2023. Tree Preservation Page 1 of 8 September 19, 2023 Regulations City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 14, 2023 MEETING: September 19, 2023 City Council Meeting SUBJECT: Tree Preservation Regulations Background The City’s Tree Preservation ordinance regulates the removal of trees for construction and development activities. The ordinance was adopted in 2006. City Council members and staff discussed reviewing aspects of the tree preservation regulations during review of recent land use applications. Summary of Existing Regulations The current regulations require replacement of trees if more than a certain percentage of the total trees are removed. The allowed amount is based upon the size of the lot, with more removal allowed on smaller lots. The ordinance allows a certain percentage to be removed for “initial site development” (essentially streets and utilities in a development), and a certain amount to be removed for all other activities: Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% The table is a bit difficult to translate without context, but in most common developments, total removal allowed without replacement is usually 25%-30%. If removal is in excess of these amounts, replacement is required on an inch:inch basis. A tree with a diameter of 18”, for example, would need to be replaced with six 3” trees or nine 2” trees. Medina’s regulations do not differentiate by land use, which is fairly common in other communities. MEMORANDUM Agenda Item #7B Tree Preservation Page 2 of 8 September 19, 2023 Regulations City Council Meeting The ordinance only applies to “Significant Trees” which are defined as: “a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter.” The ordinance allows removal of two significant trees from a parcel per year without a permit, and includes the following exemptions: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) commercially-zoned properties which follow the zoning-specific requirements; (c) removal of a Tree that has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; (f) removal of Trees that are significantly damaged by storms or natural disasters; or (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. Comparison to other Communities Staff reviewed tree preservation regulations in other communities as background information. Following is a table summarizing the requirements: Two out of thirteen communities do not have specific tree preservation regulations for all development. Chaska regulates removal only along bluffs/steep slopes. Corcoran does not regulate tree removal in standard zoning but encourages during consideration of PUDs. Allowed Removal (Residential) Allowed Removal (Commercial)Replacement Notes Medina 25%-30% 25%-30%1 inch: 1 inch Plymouth 50%75%1.25 inch:inch $125/inch Maple Grove 50%70-80%2 inch:1inch Only applies in higher value wooded area Victoria 20%20%1 inch:1 inch replacement limited to 40 trees per acre; Replacement credit for saved woodlands Chanhassen Varies (see below) Varies (see below)Minimum canopy 1 tree = 1089 s.f. canopy (40 trees per acre) Minnetrista 30%30%1 inch: 1 inch Dayton 40%60%1 inch: 1 inch Lake Elmo 30%30%.25-.5 inch : inch .25 for boxelder, cottonwood, ash Eagan 40%48%1-6 trees:tree 4" replacmenet trees are tree:tree; softwood are 1/2 replacement Woodbury 30%30%.5 inch: 1 inch 1/8":1 for 'common'; 1/4":1" for evergreen Shorewood None None 2-3 trees/tree Limited to 8 trees/acre Chaska Not regulated Not regulated Only Bluff/steep slope removal regulated Corcoran Not regulated Not regulated Preservation encourged through PUD Tree Preservation Page 3 of 8 September 19, 2023 Regulations City Council Meeting Medina’s removal allowance is on the more stringent side of the comparisons. One community has a lower allowed removal percentage but has a limit on the amount of replacement which can be required (40 trees per acre). Three communities have limitation of 30%, but two of those communities have a lower replacement amount (0.5” per 1”). Maple Grove’s regulations only apply to woodlands identified in their natural resource inventory. Removal of trees scattered through a site or along tree lines would not be regulated. Chanhassen’s regulations (attached for reference) are unique amongst the communities. The regulations account for the “baseline canopy” of a site and different land uses. Their regulations establish a minimum amount of the site which is required to be tree canopy, which is adjusted based on how wooded the site is to begin with, and what land use is planned. A site with few trees, for example, may end up having to plant more trees than a development site which is partially wooded but which preserves trees. Staff believes it may be worth discussing whether Medina’s ordinance should consider existing tree coverage and land use as factors. Recommended Changes Administering the tree preservation ordinance over the past 16 years, staff has identified the following potential changes to be discussed. Staff presented these changes to the Planning Commission, and the consensus was that these changes were appropriate. Add language related to off-site planting or contribution to forest management fund In several developments, the amount of required tree replacement was too high to sustainably and practically plant on a subject site. The City’s practice has been to either allow planting in off-site locations within the City, or to accept a contribution to the City’s forest management/reforestation fund equivalent to the planting. The ordinance does not describe this allowance, so staff recommends that a provision be added to describe this practice. Language can be found on the top of page 8 of the ordinance. Exemption: Trees within public right-of-way or easement by public agency The primary strategy of the tree preservation ordinance is to encourage design which avoids as many trees as possible, not necessarily as a penalty for removing trees. In the case of street expansions and utility projects, the ability for public agencies to avoid trees is limited by the location of existing improvements and easements. As such, staff believes it is reasonable to exempt removal by public agencies. Recommended language can be found on the bottom of page 4 of the ordinance [Subd. 5(h)]. Exemption: Removal for improvements to existing public streets The City often requires construction of turn lanes on existing public streets adjacent to a development. Similar to the rationale for exempting removal by public agencies, staff believes it is reasonable to consider exempting trees which a developer would need to remove along the outside of a development site to add turn lanes to an existing street. It would not likely be practical to design improvements to avoid the trees. Recommended language can be found on the bottom of page 4 of the ordinance [Subd. 5(i)]. Tree Preservation Page 4 of 8 September 19, 2023 Regulations City Council Meeting Planted Trees The existing regulations references “credit for previously planted trees” [see Subd. 9(c)(vi)]. The current language suggests that previously planted trees can be considered as replacement trees if replacement is required in a project. The thought behind this type of provision is so there is not a disincentive for property owners planting trees in the years and decades prior to development or a construction project. Staff believes it may be reasonable and more straight-forward to exempt trees planted by the owner from consideration on the front end, rather than counting as replacement on the back end. Staff has suggested this language at the bottom of page 7, top of page 8. Replacement for Old Growth Forest The current Tree Preservation ordinance states that replacement for trees removed from an Old Growth Forest Remnant is required to be on a 2 inch:1inch basis. The ordinance notes that Old Growth Forest Remnants are identified within the City’s natural resource inventory. The City’s 2008 Inventory does not include sufficient detail to specifically identify Old Growth Forest remnants, although Wolsfeld Woods is known as Old Growth at the very least. There may be other remnants. One of the communities which was surveyed for comparison (Victoria) requires 2:1 replacement for “heritage trees,” so there is one example of a community which has a multiplier for replacement. In their case it is for older, larger trees. While the City could attempt to spend additional efforts to identify whether there are other remnants within the City, or remnants could be identified at the time of a tree survey on a specific site, staff believes other tools would be more effective to preserve these areas rather than relying on the tree preservation ordinance. Examples include land planning, acquisition, or requiring dedication of the land as park dedication. Staff has some concern about requiring a multiplier in terms of replacement. Staff has suggested language to remove this multiplier [See Subd. 9(c)(i) on page 7] Remove Ash Trees from Allowed Species With the emergence of Emerald Ash Borer (EAB) in the area, staff recommends removing ash trees from the list of allowed replacements. The ordinance does require diversification for replacement trees (no more than 25% of one species), which is best practice to limit impacts from future tree diseases and infestations. Additional Changes Recommended by the Planning Commission Standards by Land Use – Uptown Hamel The City’s current removal allowances are based on lot size, irrespective of planned land use. Several communities which were reviewed by staff established different regulations for allowed removal based on land use. Staff believes it may be advisable to consider regulations by land use. The Uptown Hamel district, for example, is intended to allow a more “urban” or Tree Preservation Page 5 of 8 September 19, 2023 Regulations City Council Meeting “downtown” style of development, has a lot of smaller lots and allows 90% coverage by buildings and parking. It likely is difficult to develop in this style while also preserving trees. Most sites do not have stands of trees to preserve, but they are instead scattered through the site. Staff believes it is appropriate to address this in the tree preservation ordinance. In the past, the City has accounted for land use differences through the “waiver” procedures which are described within the existing regulations. The waiver procedure is described on the bottom of page 5. The City has granted waivers in the case of land planned for more intensive uses, provided the applicant made efforts to preserve trees. The City Attorney recommends that, to the extent possible, the City should try to specify expectations for removal within the ordinance, rather than commonly relying on waivers to address such instances. The Planning Commission discussed whether it was appropriate to consider differing removal allowances for different land uses. The consensus of the Commission was that it seemed reasonable to regulate tree removal in Uptown Hamel differently because the objectives for this area in the Comprehensive Plan were unique amongst land uses in the City. Staff has recommended language which would require replacement on a ratio of 2 trees per removed tree in Uptown Hamel. Rather than establishing a different replacement calculation for Uptown Hamel, the ordinance could establish a different removal allowance. For example, since hardcover is permitted over 90% of a lot in Uptown Hamel, perhaps a higher removal allowance could be established. Alternatively, generally language similar to “Site Plans shall preserve existing trees to the extent practicable.” Staff believed a replacement per tree alternative may be the best alternative in Uptown Hamel to support replanting of some shade trees while still accounting for the more intensive development pattern in Uptown Hamel. This language can be found in Subd. 9 (c)(vii) on the bottom of page 8. Ash/Elm/Box Elder removal/replacement Several communities required a lower replacement amount for softwood trees such as box elder, cottonwood, and ash. The City’s current regulations include a provision that can exempt “removal of invasive species of Trees (as defined by the Minnesota Department of Nature Resources) and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas.” Staff believes the original intent of this provision was for cases of tree/forest management, not as an exemption for removal of such trees during development. Nonetheless, relying on this language and the allowance of the waiver provision of the code, the City has reduced replacement requirements in several cases for lower quality trees such as cottonwood and box elder. If that is to be the practice, staff would recommend formalizing either the exemption or reduction in replacement for such trees. The Planning Commission discussed at the August meeting and generally agreed that a different standard was appropriate. Tree Preservation Page 6 of 8 September 19, 2023 Regulations City Council Meeting Several other communities address this issue by requiring half as much replacement for certain trees. Staff has suggested language which would lower the replacement requirement for trees such as Box Elder, Cottonwood, Willow, Aspen, and Poplar to ½. Staff has also added language for discussion which would lower the replacement for disease/insect susceptible trees (Ash and Elm) to tree:per:tree rather than inch:inch. There was some discussion during the Council update at the 8/15 meeting whether it was appropriate to encourage removal and replacement of Ash trees because of Emerald Ash Borer. Staff believes a low replacement requirement may provide such an encouragement. Draft language is included in Subd. 9(c)(i) on page 7. The Council may wish to discuss the following options on this subject: • Replacement ratio – the ½ ratio was suggested partially because it is a standard found in other communities. This amount could be adjusted or the “categories” be adjusted. • # of Tree:Tree – staff suggested a tree:tree replacement for Ash/Elm trees partly as a way to generate discussion. These trees could be assigned a replacement ratio instead of tree:tree as well. Similarly, trees such as Box Elder could be dealt with irrespective of size (for example, require 2-4 replacement trees per Box Elder). • Maximum Replacement per Tree – a “hybrid” approach could also be considered whereas replacement of certain trees could be calculated on an inch:inch basis, but, the replacement for each tree capped at a certain amount. For example, a 32” cottonwood tree could be limited to replacement of 4 trees. While there are many ways to approach different types of trees and situations, it should be noted that each different standard adds a level of complexity for both the applicant’s team and the City review. The Planning Commission discussed and believed the adjustment to the replacement requirements recommended by staff seemed appropriate. Commissioners raised concerns with additional complexity of multiple calculations and submittal requirements. Staff noted that the ordinance already requires tree surveys to identify species and size, so classifying the trees and quantifying differently should not be much more difficult. Other Topics Staff has identified several topics for additional discussion by the Planning Commission and Council for other potential changes. The Planning Commission discussed and did not believe it was necessary to make these changes to the regulations. Allowed Removal As noted above, Medina is one of the more stringent communities with regard to tree removal allowances. Medina is also unique in how removal for “initial site development” is accounted for separately from “other activities.” For commercial or multi-family sites which do not have public streets, this two-part approach can actually result in a more restrictive allowance because Tree Preservation Page 7 of 8 September 19, 2023 Regulations City Council Meeting a project may need to remove more trees for a larger building/parking footprint rather than for streets. The Planning Commission discussed and the consensus was that, with some adjustments to the Uptown Hamel district, the standards were appropriate to address the objectives of the City. PUD as incentive for preservation The Planned Unit Development (PUD) ordinance identifies the following as one of the purposes of the City considering a PUD: “The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion.” Staff believes this language is sufficient for the City to provide flexibility for a developer to design a site to preserve wooded areas. Because the City has the discretion in determining whether to approve a PUD, the Planning Commission and Council will need to balance the tree preservation goals against other interests which may be raised by residents (minimum lot size, unit count, type of dwelling, etc.). The PUD can be a good tool, but the developer would need to realize sufficient value from the flexibility granted to make the project more desirable for them as well. The Planning Commission believed existing language was sufficient to encourage preservation through a PUD. Density Bonuses/Transfer of Development Rights Maple Grove’s ordinance includes language which allow a property owner to transfer development rights from wooded acreage to other sites and allows the City to grant density bonuses for preserving wooded areas. The PUD process provides some ability to “transfer” density from one portion of a site to another, at the discretion of the City. Density would need to be consistent with the Comprehensive Plan, which does allow +20% density “for developments that protect the natural features or exceed other standards of the zoning district.” Staff believes it is fair to interpret that the existing PUD ordinance would allow this +20% density at the discretion of the City for woodland preservation. If the Planning Commission and City Council wanted to emphasize this incentive, it may be advisable to add the language more explicitly in either the Tree Preservation ordinance or the PUD ordinance. While the PUD ordinance would certainly allow flexibility in lot size and layout to shift the location of buildings within a development site, the City does not explicitly address transfer of development rights BETWEEN sites. Such transfers are often suggested conceptually in studies as a tool to preserve desirable features, but are not widely utilized. Transfers may be challenging to administer and track over time. Maple Grove has had this option in their regulations for a number of decades of extensive development, and was utilized only a few times. Density bonuses were utilized much more often. The City likely could regulate a transfer of development rights through a PUD process (even for non-contiguous sites) if the opportunity ever presented itself. However, the likelihood is much lower if the option is not explicitly described in code. Tree Preservation Page 8 of 8 September 19, 2023 Regulations City Council Meeting Staff seeks feedback on whether bonus density language should be emphasized in code, or if transfer of development rights language should be added. The Planning Commission believed that the Comprehensive Plan and PUD language was sufficient to allow for density bonuses if deemed appropriate by the City. The Commission did believe in crafting regulations to allow a transfer of development rights was likely overly complicated, and if there was ever was an opportunity, the City could likely address through a PUD process. Park Dedication credit The City can require 10% of buildable land from any subdivision to be dedicated to the City for Parks, Trails, and Open Space. This provides a fairly powerful tool to preserve the highest priority wooded areas. Requiring dedication of wooded areas would compete with requiring dedication of lands for active recreation (parks/trails) or obtaining cash-in-lieu of dedication. The City would also then obtain property rights over the wooded area. Several communities note that the City would provide some credit toward park dedication requirements if wooded areas are preserved within a development site. Staff believes there may be an opportunity to provide credit for preserved woodland areas. If such lands were preserved, but not open to the public, partial park dedication credit could be considered. The Planning Commission did not recommend adding specific language, and noted that the City could already utilize Park Dedication without additional language. Planning Commission Recommendation/Potential Action The Planning Commission discussed the ordinance at the August and September meetings. Excerpts from this discussion is attached for refence, and the Planning Commission recommendations were reference throughout this report. Following discussion, the Planning Commission unanimously recommended approval. Staff seeks feedback and direction from the City Council on the subjects discussed above. There is not necessarily a required timeframe for adoption of amendments. If the City Council needs additional information or discussion, the ordinance can be continued to future meetings. Once the City Council has completed review, the following action can be taken: Motion to direct staff to present the ordinance related to Tree Preservation for action at the following consent agenda [with the following recommended changes, if any]. Attachments 1. Ordinance 2. Excerpt from 8/8/2023 Planning Commission minutes 3. Excerpt from draft 9/12/2023 Planning Commission minutes 4. Chanhassen regulations COUNT POINT NO Tree Tag DBH (in) Species Health Conditi DESIGNATIONASSUMED TYPE Classification 231 343 343 75 Black Walnut 75‐100 SAVE NATURAL 4 413 627 627 65 Bur Oak 75‐100 SAVE NATURAL 4 507 722 722 64 Red Oak 75‐100 SAVE NATURAL 4 177 288 288 62 Black Walnut 75‐100 REMOVE NATURAL 4 519 735 735 62 Basswood 75‐100 REMOVE NATURAL 4 404 618 618 52 Red Oak 75‐100 SAVE NATURAL 4 14 115 115 47 Black Walnut 75‐100 REMOVE NATURAL 4 210 321 321 44 Black Walnut 75‐100 SAVE NATURAL 4 44 147 147 42 Black Walnut 75‐100 SAVE NATURAL 4 240 352 352 42 Silver Maple 75‐100 REMOVE PLANTED 4 275 388 388 42 Silver Maple 75‐100 SAVE PLANTED 4 441 655 655 40 Silver Maple 75‐100 REMOVE PLANTED 4 151 262 262 39 Honeylocust 75‐100 REMOVE PLANTED 4 451 665 665 39 Pin Cherry 75‐100 REMOVE PLANTED 4 406 620 620 36 Red Oak 75‐100 SAVE NATURAL 4 595 6901 6901 35 Red Maple 75‐100 SAVE NATURAL 4 410 624 624 34 Red Oak 75‐100 SAVE NATURAL 4 296 509 509 32 Black Walnut 75‐100 SAVE NATURAL 4 282 395 395 30 Silver Maple 75‐100 SAVE NATURAL 4 427 641 641 30 Black Cherry 75‐100 SAVE NATURAL 4 189 300 300 29 Black Walnut 75‐100 SAVE NATURAL 4 13 114 114 28 Black Walnut 75‐100 REMOVE NATURAL 4 425 639 639 28 Red Maple 75‐100 SAVE NATURAL 4 9 109 109 27 Basswood 75‐100 REMOVE PLANTED 4 124 232 232 27 Black Walnut 75‐100 SAVE NATURAL 4 194 305 305 25 Black Walnut 75‐100 SAVE NATURAL 4 200 311 311 25 Black Walnut 75‐100 REMOVE NATURAL 4 511 727 727 25 Bur Oak 75‐100 SAVE NATURAL 4 12 112 112 24 Basswood 75‐100 SAVE NATURAL 4 203 314 314 24 Black Walnut 75‐100 SAVE NATURAL 4 204 315 315 24 Black Walnut 75‐100 SAVE NATURAL 4 207 318 318 24 Black Walnut 75‐100 SAVE NATURAL 4 229 341 341 24 Black Walnut 75‐100 SAVE NATURAL 4 281 394 394 24 Silver Maple 75‐100 SAVE NATURAL 4 284 397 397 24 Silver Maple 75‐100 SAVE NATURAL 4 431 645 645 24 Hackberry 75‐100 REMOVE PLANTED 4 524 6353 6353 24 Bur Oak 75‐100 REMOVE PLANTED 4 535 6841 6841 24 Bur Oak 75‐100 REMOVE PLANTED 4 545 6851 6851 24 Bur Oak 75‐100 REMOVE PLANTED 4 352 566 566 23 Silver Maple 75‐100 SAVE NATURAL 4 399 613 613 23 Sugar Maple 75‐100 REMOVE PLANTED 4 588 6894 6894 23 Bur Oak 75‐100 REMOVE PLANTED 4 345 559 559 22 Silver Maple 75‐100 SAVE PLANTED 4 355 569 569 22 Catalpa 75‐100 SAVE PLANTED 4 448 662 662 22 Honeylocust 75‐100 REMOVE PLANTED 4 205 316 316 21 Black Walnut 75‐100 SAVE NATURAL 4 495 709 709 21 Sugar Maple 75‐100 SAVE NATURAL 4 199 310 310 20 Black Walnut 75‐100 REMOVE NATURAL 4 214 325 325 20 Black Walnut 75‐100 SAVE NATURAL 4 283 396 396 20 Silver Maple 75‐100 SAVE NATURAL 4 290 503 503 20 Black Walnut 75‐100 SAVE NATURAL 4 351 565 565 20 Silver Maple 75‐100 SAVE NATURAL 4 517 733 733 20 Basswood 75‐100 SAVE NATURAL 4 202 313 313 19 Black Walnut 75‐100 SAVE NATURAL 4 215 326 326 19 Black Walnut 75‐100 SAVE NATURAL 4 238 350 350 19 Silver Maple 75‐100 REMOVE PLANTED 4 247 360 360 19 Silver Maple 75‐100 REMOVE PLANTED 4 248 361 361 19 Silver Maple 75‐100 REMOVE PLANTED 4 289 502 502 19 Black Walnut 75‐100 SAVE NATURAL 4 371 585 585 19 White Oak 75‐100 SAVE NATURAL 4 206 317 317 18 Black Walnut 75‐100 SAVE NATURAL 4 226 338 338 18 Black Walnut 75‐100 SAVE NATURAL 4 230 342 342 18 Black Walnut 75‐100 SAVE NATURAL 4 288 501 501 18 Black Walnut 75‐100 SAVE NATURAL 4 298 511 511 18 Black Walnut 75‐100 SAVE NATURAL 4 304 517 517 18 Black Walnut 75‐100 SAVE NATURAL 4 350 564 564 18 Silver Maple 75‐100 SAVE NATURAL 4 299 512 512 17 Black Walnut 75‐100 SAVE NATURAL 4 551 6857 6857 17 Bur Oak 75‐100 REMOVE PLANTED 4 216 327 327 16 Black Walnut 75‐100 SAVE NATURAL 4 387 601 601 16 Paper Birch 75‐100 REMOVE PLANTED 4 470 684 684 16 Black Cherry 75‐100 SAVE NATURAL 4 518 734 734 16 White Oak 75‐100 SAVE NATURAL 4 94 200 200 15 Black Cherry 75‐100 SAVE NATURAL 4 130 238 238 15 Black Cherry 75‐100 REMOVE NATURAL 4 400 614 614 15 Sugar Maple 75‐100 REMOVE PLANTED 4 486 700 700 15 White Oak 75‐100 SAVE NATURAL 4 494 708 708 15 Hackberry 75‐100 SAVE NATURAL 4 534 6840 6840 15 Sugar Maple 75‐100 SAVE PLANTED 4 574 6880 6880 15 Honeylocust 75‐100 REMOVE PLANTED 4 221 333 333 14 Black Walnut 75‐100 SAVE NATURAL 4 222 334 334 14 Black Walnut 75‐100 SAVE NATURAL 4 227 339 339 14 Black Walnut 75‐100 SAVE NATURAL 4 287 400 400 14 Sugar Maple 75‐100 REMOVE PLANTED 4 297 510 510 14 Black Walnut 75‐100 SAVE NATURAL 4 363 577 577 14 Sugar Maple 75‐100 REMOVE NATURAL 4 375 589 589 14 Black Cherry 75‐100 SAVE NATURAL 4 503 718 718 14 Black Cherry 75‐100 SAVE NATURAL 4 589 6895 6895 14 Bur Oak 75‐100 REMOVE PLANTED 4 228 340 340 13 Black Walnut 75‐100 SAVE NATURAL 4 241 353 353 13 Silver Maple 75‐100 REMOVE PLANTED 4 378 592 592 13 Bur Oak 75‐100 REMOVE NATURAL 4 408 622 622 13 White Oak 75‐100 SAVE NATURAL 4 409 623 623 13 Red Oak 75‐100 SAVE NATURAL 4 426 640 640 13 White Oak 75‐100 SAVE PLANTED 4 479 693 693 13 Black Cherry 75‐100 SAVE NATURAL 4 522 738 738 13 River Birch 75‐100 REMOVE PLANTED 4 537 6843 6843 13 Red Maple 75‐100 REMOVE PLANTED 4 212 323 323 12 Black Walnut 75‐100 SAVE NATURAL 4 213 324 324 12 Black Walnut 75‐100 SAVE NATURAL 4 242 354 354 12 Silver Maple 75‐100 REMOVE PLANTED 4 264 377 377 12 Silver Maple 75‐100 REMOVE PLANTED 4 266 379 379 12 Silver Maple 75‐100 REMOVE PLANTED 4 421 635 635 12 Sugar Maple 75‐100 SAVE NATURAL 4 506 721 721 12 Sugar Maple 75‐100 SAVE NATURAL 4 208 319 319 11 Black Walnut 75‐100 SAVE NATURAL 4 225 337 337 11 Black Walnut 75‐100 SAVE NATURAL 4 244 357 357 11 Silver Maple 75‐100 REMOVE PLANTED 4 343 557 557 11 White Oak 75‐100 REMOVE PLANTED 4 370 584 584 11 White Oak 75‐100 SAVE NATURAL 4 391 605 605 11 White Oak 75‐100 REMOVE PLANTED 4 412 626 626 11 Bur Oak 75‐100 SAVE NATURAL 4 10 110 110 10 Not Listed 75‐100 REMOVE PLANTED 4 50 154 154 10 Black Cherry 75‐100 REMOVE NATURAL 4 86 191 191 10 Black Walnut 75‐100 SAVE NATURAL 4 125 233 233 10 Black Walnut 75‐100 SAVE NATURAL 4 211 322 322 10 Black Walnut 75‐100 SAVE NATURAL 4 219 331 331 10 Black Walnut 75‐100 SAVE NATURAL 4 220 332 332 10 Black Walnut 75‐100 SAVE NATURAL 4 295 508 508 10 Black Walnut 75‐100 SAVE NATURAL 4 373 587 587 10 Bitternut Hick 75‐100 SAVE NATURAL 4 374 588 588 10 White Oak 75‐100 SAVE NATURAL 4 376 590 590 10 White Oak 75‐100 SAVE NATURAL 4 407 621 621 10 White Oak 75‐100 SAVE NATURAL 4 411 625 625 10 White Oak 75‐100 SAVE NATURAL 4 468 682 682 10 Bitternut Hick 75‐100 SAVE NATURAL 4 475 689 689 10 Black Cherry 75‐100 SAVE NATURAL 4 500 715 715 10 Hackberry 75‐100 SAVE NATURAL 4 529 6833 6833 10 Honeylocust 75‐100 REMOVE PLANTED 4 557 6863 6863 10 Red Maple 75‐100 REMOVE PLANTED 4 8 108 108 9 Hackberry 75‐100 REMOVE PLANTED 4 209 320 320 9 Black Walnut 75‐100 SAVE NATURAL 4 217 328 328 9 Black Walnut 75‐100 SAVE NATURAL 4 218 329 329 9 Black Walnut 75‐100 SAVE NATURAL 4 294 507 507 9 Black Walnut 75‐100 SAVE NATURAL 4 365 579 579 9 White Oak 75‐100 SAVE NATURAL 4 401 615 615 9 Bur Oak 75‐100 REMOVE NATURAL 4 403 617 617 9 Bitternut Hick 75‐100 SAVE NATURAL 4 453 667 667 9 Pin Cherry 75‐100 REMOVE PLANTED 4 477 691 691 9 Black Cherry 75‐100 SAVE NATURAL 4 478 692 692 9 Red Oak 75‐100 SAVE NATURAL 4 549 6855 6855 9 Red Maple 75‐100 REMOVE PLANTED 4 223 335 335 8 Black Walnut 75‐100 SAVE NATURAL 4 224 336 336 8 Black Walnut 75‐100 SAVE NATURAL 4 348 562 562 8 White Oak 75‐100 SAVE PLANTED 4 366 580 580 8 White Oak 75‐100 SAVE NATURAL 4 367 581 581 8 Bitternut Hick 75‐100 SAVE NATURAL 4 377 591 591 8 Bitternut Hick 75‐100 REMOVE NATURAL 4 405 619 619 8 Bitternut Hick 75‐100 SAVE NATURAL 4 3 103 103 28 Arborvitae 75‐100 REMOVE PLANTED 3 97 203 203 25 Arborvitae 75‐100 REMOVE PLANTED 3 96 202 202 23 Arborvitae 75‐100 REMOVE PLANTED 3 1 101 101 22 Arborvitae 75‐100 REMOVE PLANTED 3 55 160 160 22 Colorado Blue75‐100 REMOVE PLANTED 3 78 183 183 21 Red Pine 75‐100 REMOVE PLANTED 3 87 193 193 21 Colorado Blue75‐100 SAVE PLANTED 3 7 107 107 20 Arborvitae 75‐100 REMOVE PLANTED 3 19 120 120 20 Colorado Blue75‐100 REMOVE PLANTED 3 135 243 243 20 Red Pine 75‐100 REMOVE PLANTED 3 430 644 644 20 Arborvitae 75‐100 REMOVE PLANTED 3 548 6854 6854 20 Arborvitae 75‐100 REMOVE PLANTED 3 560 6866 6866 20 Colorado Blue75‐100 REMOVE PLANTED 3 89 195 195 19 Colorado Blue75‐100 SAVE PLANTED 3 544 6850 6850 19 Arborvitae 75‐100 REMOVE PLANTED 3 552 6858 6858 19 Arborvitae 75‐100 REMOVE PLANTED 3 4 104 104 18 Arborvitae 75‐100 REMOVE PLANTED 3 5 105 105 18 Arborvitae 75‐100 REMOVE PLANTED 3 6 106 106 18 Arborvitae 75‐100 REMOVE PLANTED 3 153 264 264 18 Colorado Blue75‐100 REMOVE PLANTED 3 155 266 266 18 Colorado Blue75‐100 REMOVE PLANTED 3 2 102 102 17 Arborvitae 75‐100 REMOVE PLANTED 3 88 194 194 17 Colorado Blue75‐100 SAVE PLANTED 3 163 274 274 17 Colorado Blue75‐100 SAVE PLANTED 3 452 666 666 17 Arborvitae 75‐100 REMOVE PLANTED 3 455 669 669 17 Colorado Blue75‐100 SAVE PLANTED 3 340 554 554 16 Colorado Blue75‐100 REMOVE PLANTED 3 382 596 596 16 Colorado Blue75‐100 REMOVE PLANTED 3 383 597 597 16 Colorado Blue75‐100 REMOVE PLANTED 3 562 6868 6868 16 Colorado Blue75‐100 REMOVE PLANTED 3 90 196 196 15 Colorado Blue75‐100 SAVE PLANTED 3 307 521 521 15 Colorado Blue75‐100 REMOVE PLANTED 3 358 572 572 15 Colorado Blue75‐100 REMOVE PLANTED 3 379 593 593 15 Scots Pine 75‐100 REMOVE PLANTED 3 381 595 595 15 Colorado Blue75‐100 REMOVE PLANTED 3 384 598 598 15 Colorado Blue75‐100 REMOVE PLANTED 3 385 599 599 15 Colorado Blue75‐100 REMOVE PLANTED 3 434 648 648 15 Colorado Blue75‐100 REMOVE PLANTED 3 563 6869 6869 15 Colorado Blue75‐100 REMOVE PLANTED 3 569 6875 6875 15 Scots Pine 75‐100 REMOVE PLANTED 3 77 182 182 14 Red Pine 75‐100 REMOVE PLANTED 3 106 214 214 14 Colorado Blue75‐100 REMOVE PLANTED 3 131 239 239 14 Colorado Blue75‐100 REMOVE PLANTED 3 154 265 265 14 Colorado Blue75‐100 REMOVE PLANTED 3 160 271 271 14 Colorado Blue75‐100 SAVE PLANTED 3 164 275 275 14 Colorado Blue75‐100 SAVE PLANTED 3 166 277 277 14 Colorado Blue75‐100 SAVE PLANTED 3 237 349 349 14 Red Pine 75‐100 REMOVE PLANTED 3 341 555 555 14 Colorado Blue75‐100 REMOVE PLANTED 3 356 570 570 14 Colorado Blue75‐100 REMOVE PLANTED 3 380 594 594 14 Colorado Blue75‐100 REMOVE PLANTED 3 393 607 607 14 White Pine 75‐100 REMOVE PLANTED 3 394 608 608 14 White Pine 75‐100 REMOVE PLANTED 3 429 643 643 14 White Spruce 75‐100 REMOVE PLANTED 3 457 671 671 14 Colorado Blue75‐100 SAVE PLANTED 3 561 6867 6867 14 Colorado Blue75‐100 REMOVE PLANTED 3 566 6872 6872 14 Colorado Blue75‐100 REMOVE PLANTED 3 567 6873 6873 14 Colorado Blue75‐100 REMOVE PLANTED 3 568 6874 6874 14 Scots Pine 75‐100 REMOVE PLANTED 3 570 6876 6876 14 Colorado Blue75‐100 REMOVE PLANTED 3 571 6877 6877 14 Colorado Blue75‐100 REMOVE PLANTED 3 573 6879 6879 14 Colorado Blue75‐100 REMOVE PLANTED 3 575 6881 6881 14 Colorado Blue75‐100 REMOVE PLANTED 3 576 6882 6882 14 Colorado Blue75‐100 REMOVE PLANTED 3 579 6885 6885 14 Colorado Blue75‐100 REMOVE PLANTED 3 51 156 156 13 Colorado Blue75‐100 REMOVE PLANTED 3 73 178 178 13 Red Pine 75‐100 REMOVE PLANTED 3 84 189 189 13 Colorado Blue75‐100 SAVE PLANTED 3 342 556 556 13 Colorado Blue75‐100 REMOVE PLANTED 3 395 609 609 13 Scots Pine 75‐100 REMOVE PLANTED 3 432 646 646 13 Colorado Blue75‐100 REMOVE PLANTED 3 525 6500 6500 13 Colorado Blue75‐100 SAVE PLANTED 3 572 6878 6878 13 Colorado Blue75‐100 REMOVE PLANTED 3 578 6884 6884 13 Colorado Blue75‐100 REMOVE PLANTED 3 52 157 157 12 Colorado Blue75‐100 REMOVE PLANTED 3 53 158 158 12 Colorado Blue75‐100 REMOVE PLANTED 3 100 207 207 12 Colorado Blue75‐100 REMOVE PLANTED 3 239 351 351 12 Colorado Blue75‐100 REMOVE PLANTED 3 251 364 364 12 Black Spruce 75‐100 REMOVE PLANTED 3 253 366 366 12 Colorado Blue75‐100 REMOVE PLANTED 3 254 367 367 12 Red Pine 75‐100 REMOVE PLANTED 3 258 371 371 12 Colorado Blue75‐100 REMOVE PLANTED 3 263 376 376 12 Red Pine 75‐100 REMOVE PLANTED 3 415 629 629 12 Scots Pine 75‐100 REMOVE PLANTED 3 428 642 642 12 White Spruce 75‐100 REMOVE PLANTED 3 443 657 657 12 White Spruce 75‐100 REMOVE PLANTED 3 450 664 664 12 Colorado Blue75‐100 REMOVE PLANTED 3 16 117 117 11 Colorado Blue75‐100 REMOVE PLANTED 3 56 161 161 11 Colorado Blue75‐100 REMOVE PLANTED 3 74 179 179 11 Red Pine 75‐100 REMOVE PLANTED 3 234 346 346 11 Colorado Blue75‐100 REMOVE PLANTED 3 311 525 525 11 Red Pine 75‐100 REMOVE PLANTED 3 337 551 551 11 Red Pine 75‐100 SAVE PLANTED 3 338 552 552 11 Colorado Blue75‐100 REMOVE PLANTED 3 357 571 571 11 Colorado Blue75‐100 REMOVE PLANTED 3 433 647 647 11 Colorado Blue75‐100 REMOVE PLANTED 3 449 663 663 11 White Spruce 75‐100 REMOVE PLANTED 3 565 6871 6871 11 Colorado Blue75‐100 REMOVE PLANTED 3 15 116 116 10 Colorado Blue75‐100 REMOVE PLANTED 3 17 118 118 10 White Spruce 75‐100 REMOVE PLANTED 3 45 148 148 10 White Spruce 75‐100 SAVE PLANTED 3 47 151 151 10 White Spruce 75‐100 SAVE PLANTED 3 75 180 180 10 Red Pine 75‐100 REMOVE PLANTED 3 76 181 181 10 Red Pine 75‐100 REMOVE PLANTED 3 129 237 237 10 White Spruce 75‐100 REMOVE PLANTED 3 133 241 241 10 Colorado Blue75‐100 REMOVE PLANTED 3 159 270 270 10 Colorado Blue75‐100 REMOVE PLANTED 3 165 276 276 10 Colorado Blue75‐100 SAVE PLANTED 3 235 347 347 10 Colorado Blue75‐100 REMOVE PLANTED 3 252 365 365 10 Red Pine 75‐100 REMOVE PLANTED 3 255 368 368 10 Red Pine 75‐100 REMOVE PLANTED 3 260 373 373 10 Red Pine 75‐100 REMOVE PLANTED 3 261 374 374 10 Red Pine 75‐100 REMOVE PLANTED 3 262 375 375 10 Red Pine 75‐100 REMOVE PLANTED 3 314 528 528 10 Red Pine 75‐100 REMOVE PLANTED 3 327 541 541 10 Red Pine 75‐100 REMOVE PLANTED 3 328 542 542 10 Red Pine 75‐100 REMOVE PLANTED 3 330 544 544 10 Red Pine 75‐100 REMOVE PLANTED 3 332 546 546 10 Red Pine 75‐100 REMOVE PLANTED 3 336 550 550 10 Red Pine 75‐100 SAVE PLANTED 3 359 573 573 10 Red Pine 75‐100 REMOVE PLANTED 3 388 602 602 10 Colorado Blue75‐100 REMOVE PLANTED 3 414 628 628 10 Scots Pine 75‐100 REMOVE PLANTED 3 420 634 634 10 White Spruce 75‐100 REMOVE PLANTED 3 442 656 656 10 White Spruce 75‐100 REMOVE PLANTED 3 447 661 661 10 White Spruce 75‐100 REMOVE PLANTED 3 454 668 668 10 White Spruce 75‐100 REMOVE PLANTED 3 540 6846 6846 10 Colorado Blue50‐75 SAVE PLANTED 3 553 6859 6859 10 Colorado Blue75‐100 REMOVE PLANTED 3 555 6861 6861 10 Colorado Blue75‐100 SAVE PLANTED 3 559 6865 6865 10 Colorado Blue75‐100 REMOVE PLANTED 3 584 6890 6890 10 Colorado Blue75‐100 REMOVE PLANTED 3 72 177 177 9 Red Pine 75‐100 REMOVE PLANTED 3 79 184 184 9 Red Pine 75‐100 REMOVE PLANTED 3 156 267 267 9 Colorado Blue75‐100 SAVE PLANTED 3 257 370 370 9 Colorado Blue75‐100 REMOVE PLANTED 3 268 381 381 9 Colorado Blue75‐100 REMOVE PLANTED 3 325 539 539 9 Red Pine 75‐100 REMOVE PLANTED 3 329 543 543 9 Red Pine 75‐100 REMOVE PLANTED 3 334 548 548 9 White Spruce 75‐100 REMOVE PLANTED 3 335 549 549 9 Red Pine 75‐100 SAVE PLANTED 3 339 553 553 9 Red Pine 75‐100 REMOVE PLANTED 3 360 574 574 9 Red Pine 75‐100 SAVE PLANTED 3 389 603 603 9 Colorado Blue75‐100 REMOVE PLANTED 3 390 604 604 9 White Spruce 75‐100 REMOVE PLANTED 3 547 6853 6853 9 Colorado Blue75‐100 REMOVE PLANTED 3 554 6860 6860 9 Colorado Blue75‐100 REMOVE PLANTED 3 577 6883 6883 9 Colorado Blue75‐100 REMOVE PLANTED 3 580 6886 6886 9 Colorado Blue75‐100 SAVE PLANTED 3 581 6887 6887 9 Colorado Blue75‐100 SAVE PLANTED 3 586 6892 6892 9 White Spruce 75‐100 SAVE PLANTED 3 92 198 198 8 Colorado Blue75‐100 SAVE PLANTED 3 157 268 268 8 Colorado Blue75‐100 REMOVE PLANTED 3 168 279 279 8 Colorado Blue75‐100 SAVE PLANTED 3 169 280 280 8 Colorado Blue75‐100 REMOVE PLANTED 3 236 348 348 8 Colorado Blue75‐100 REMOVE PLANTED 3 250 363 363 8 Red Pine 75‐100 REMOVE PLANTED 3 256 369 369 8 White Spruce 75‐100 REMOVE PLANTED 3 316 530 530 8 Red Pine 75‐100 REMOVE PLANTED 3 317 531 531 8 Colorado Blue75‐100 REMOVE PLANTED 3 319 533 533 8 Colorado Blue75‐100 REMOVE PLANTED 3 320 534 534 8 Colorado Blue75‐100 REMOVE PLANTED 3 331 545 545 8 Red Pine 75‐100 REMOVE PLANTED 3 333 547 547 8 White Spruce 75‐100 REMOVE PLANTED 3 344 558 558 8 Colorado Blue75‐100 SAVE PLANTED 3 349 563 563 8 Colorado Blue75‐100 SAVE PLANTED 3 564 6870 6870 8 Colorado Blue75‐100 REMOVE PLANTED 3 583 6889 6889 8 White Spruce 75‐100 REMOVE PLANTED 3 585 6891 6891 8 Colorado Blue75‐100 SAVE PLANTED 3 60 165 165 7 Colorado Blue75‐100 REMOVE PLANTED 3 91 197 197 7 Colorado Blue75‐100 SAVE PLANTED 3 158 269 269 7 Colorado Blue75‐100 REMOVE PLANTED 3 167 278 278 7 Colorado Blue75‐100 SAVE PLANTED 3 312 526 526 7 Colorado Blue75‐100 REMOVE PLANTED 3 318 532 532 7 White Spruce 75‐100 REMOVE PLANTED 3 321 535 535 7 Red Pine 75‐100 REMOVE PLANTED 3 326 540 540 7 Red Pine 75‐100 REMOVE PLANTED 3 536 6842 6842 7 White Spruce 75‐100 REMOVE PLANTED 3 546 6852 6852 7 Arborvitae 75‐100 REMOVE PLANTED 3 556 6862 6862 7 Colorado Blue75‐100 SAVE PLANTED 3 54 159 159 6 White Spruce 75‐100 REMOVE PLANTED 3 105 213 213 6 White Spruce 75‐100 REMOVE PLANTED 3 243 356 356 6 Red Pine 75‐100 REMOVE PLANTED 3 267 380 380 6 Colorado Blue75‐100 REMOVE PLANTED 3 269 382 382 6 Colorado Blue75‐100 REMOVE PLANTED 3 310 524 524 6 Red Pine 75‐100 REMOVE PLANTED 3 392 606 606 6 White Spruce 75‐100 REMOVE PLANTED 3 533 6839 6839 6 Arborvitae 75‐100 REMOVE PLANTED 3 587 6893 6893 6 White Spruce 75‐100 SAVE PLANTED 3 138 249 249 5 Colorado Blue75‐100 REMOVE PLANTED 3 315 529 529 5 White Spruce 75‐100 REMOVE PLANTED 3 386 600 600 5 Colorado Blue75‐100 REMOVE PLANTED 3 139 250 250 52 Cottonwood 75‐100 REMOVE NATURAL 2 103 211 211 50 Cottonwood 75‐100 REMOVE NATURAL 2 42 145 145 48 Boxelder 75‐100 SAVE NATURAL 2 102 210 210 46 Cottonwood 75‐100 REMOVE NATURAL 2 140 251 251 43 Cottonwood 75‐100 REMOVE NATURAL 2 29 132 132 42 Boxelder 75‐100 SAVE NATURAL 2 270 383 383 42 Boxelder 75‐100 REMOVE NATURAL 2 523 5601 5601 40 Boxelder 75‐100 SAVE NATURAL 2 28 131 131 38 Boxelder 75‐100 SAVE NATURAL 2 61 166 166 37 Cottonwood 75‐100 REMOVE NATURAL 2 136 246 246 36 Cottonwood 75‐100 REMOVE NATURAL 2 306 519 519 35 Cottonwood 75‐100 SAVE NATURAL 2 21 122 122 32 Boxelder 75‐100 REMOVE NATURAL 2 107 215 215 32 Boxelder 75‐100 REMOVE NATURAL 2 110 218 218 30 Boxelder 75‐100 SAVE NATURAL 2 184 295 295 30 Cottonwood 75‐100 SAVE NATURAL 2 179 290 290 28 Cottonwood 75‐100 SAVE NATURAL 2 436 650 650 28 Apple sp.75‐100 REMOVE PLANTED 2 101 209 209 27 Cottonwood 75‐100 REMOVE NATURAL 2 175 286 286 27 Boxelder 75‐100 REMOVE NATURAL 2 115 223 223 26 Boxelder 75‐100 REMOVE NATURAL 2 188 299 299 26 Cottonwood 75‐100 SAVE NATURAL 2 117 225 225 25 Boxelder 75‐100 SAVE NATURAL 2 195 306 306 25 Boxelder 75‐100 SAVE NATURAL 2 49 153 153 24 Boxelder 75‐100 REMOVE NATURAL 2 113 221 221 24 Boxelder 75‐100 SAVE NATURAL 2 122 230 230 24 Boxelder 75‐100 SAVE NATURAL 2 162 273 273 24 Boxelder 75‐100 SAVE NATURAL 2 187 298 298 23 Cottonwood 75‐100 SAVE NATURAL 2 171 282 282 22 Boxelder 75‐100 SAVE NATURAL 2 417 631 631 22 Apple sp.75‐100 REMOVE PLANTED 2 419 633 633 22 Boxelder 75‐100 REMOVE NATURAL 2 422 636 636 22 Boxelder 75‐100 SAVE NATURAL 2 543 6849 6849 22 Apple sp.75‐100 REMOVE PLANTED 2 193 304 304 21 Boxelder 75‐100 SAVE NATURAL 2 196 307 307 21 Boxelder 75‐100 SAVE NATURAL 2 418 632 632 21 Apple sp.75‐100 REMOVE PLANTED 2 438 652 652 21 Apple sp.75‐100 REMOVE PLANTED 2 118 226 226 20 Boxelder 75‐100 SAVE NATURAL 2 362 576 576 20 Wild Plum 75‐100 SAVE NATURAL 2 558 6864 6864 20 Apple sp.75‐100 REMOVE PLANTED 2 198 309 309 19 Boxelder 75‐100 REMOVE NATURAL 2 116 224 224 18 Boxelder 75‐100 REMOVE NATURAL 2 134 242 242 18 Boxelder 75‐100 REMOVE NATURAL 2 354 568 568 18 Apple sp.75‐100 REMOVE PLANTED 2 361 575 575 18 Wild Plum 75‐100 SAVE NATURAL 2 437 651 651 18 Apple sp.75‐100 REMOVE PLANTED 2 439 653 653 18 Apple sp.75‐100 REMOVE PLANTED 2 22 125 125 17 Boxelder 75‐100 REMOVE NATURAL 2 63 168 168 17 Boxelder 75‐100 REMOVE NATURAL 2 99 206 206 17 Apple sp.75‐100 REMOVE PLANTED 2 197 308 308 17 Boxelder 75‐100 REMOVE NATURAL 2 20 121 121 16 Boxelder 75‐100 REMOVE NATURAL 2 25 128 128 16 Boxelder 75‐100 REMOVE NATURAL 2 93 199 199 16 Boxelder 75‐100 SAVE NATURAL 2 95 201 201 16 Apple sp.75‐100 REMOVE PLANTED 2 182 293 293 16 Cottonwood 75‐100 SAVE NATURAL 2 435 649 649 16 Apple sp.75‐100 REMOVE PLANTED 2 528 6832 6832 16 Apple sp.75‐100 REMOVE PLANTED 2 593 6899 6899 16 Apple sp.75‐100 REMOVE PLANTED 2 98 205 205 15 Common Buck75‐100 REMOVE PLANTED 2 114 222 222 15 Boxelder 75‐100 REMOVE NATURAL 2 174 285 285 15 Boxelder 75‐100 SAVE NATURAL 2 286 399 399 15 Apple sp.75‐100 REMOVE PLANTED 2 463 677 677 15 Apple sp.75‐100 SAVE PLANTED 2 112 220 220 14 Boxelder 75‐100 REMOVE NATURAL 2 128 236 236 14 Boxelder 75‐100 REMOVE NATURAL 2 178 289 289 14 Boxelder 75‐100 REMOVE NATURAL 2 186 297 297 14 Cottonwood 75‐100 SAVE NATURAL 2 346 560 560 14 White Poplar 75‐100 SAVE NATURAL 2 472 686 686 14 Boxelder 75‐100 SAVE NATURAL 2 39 142 142 13 Boxelder 75‐100 SAVE NATURAL 2 300 513 513 13 Boxelder 75‐100 SAVE NATURAL 2 550 6856 6856 13 Apple sp.75‐100 REMOVE PLANTED 2 27 130 130 12 Boxelder 75‐100 SAVE NATURAL 2 41 144 144 12 Boxelder 75‐100 SAVE NATURAL 2 69 174 174 12 Boxelder 75‐100 REMOVE NATURAL 2 127 235 235 12 Boxelder 75‐100 SAVE NATURAL 2 170 281 281 12 Boxelder 75‐100 REMOVE NATURAL 2 278 391 391 12 Apple sp.75‐100 REMOVE PLANTED 2 293 506 506 12 Boxelder 75‐100 SAVE NATURAL 2 347 561 561 12 White Poplar 75‐100 SAVE NATURAL 2 444 658 658 12 Apple sp.75‐100 REMOVE PLANTED 2 446 660 660 12 Apple sp.75‐100 REMOVE PLANTED 2 508 723 723 12 Boxelder 75‐100 REMOVE NATURAL 2 538 6844 6844 12 Apple sp.50‐75 REMOVE PLANTED 2 46 150 150 11 Boxelder 75‐100 SAVE NATURAL 2 176 287 287 11 Boxelder 75‐100 REMOVE NATURAL 2 192 303 303 11 Boxelder 75‐100 SAVE NATURAL 2 456 670 670 11 Apple sp.75‐100 SAVE PLANTED 2 509 724 724 11 Boxelder 75‐100 REMOVE NATURAL 2 539 6845 6845 11 Apple sp.75‐100 REMOVE PLANTED 2 24 127 127 10 Boxelder 75‐100 REMOVE NATURAL 2 32 135 135 10 Boxelder 75‐100 REMOVE NATURAL 2 34 137 137 10 Boxelder 75‐100 SAVE NATURAL 2 35 138 138 10 Boxelder 75‐100 SAVE NATURAL 2 37 140 140 10 Boxelder 75‐100 SAVE NATURAL 2 85 190 190 10 Boxelder 75‐100 SAVE NATURAL 2 121 229 229 10 Boxelder 75‐100 REMOVE NATURAL 2 126 234 234 10 Boxelder 50‐75 SAVE NATURAL 2 161 272 272 10 Boxelder 75‐100 SAVE NATURAL 2 181 292 292 10 Cottonwood 75‐100 SAVE NATURAL 2 185 296 296 10 Cottonwood 75‐100 SAVE NATURAL 2 302 515 515 10 Boxelder 75‐100 SAVE NATURAL 2 313 527 527 10 Boxelder 75‐100 REMOVE PLANTED 2 402 616 616 10 Boxelder 75‐100 REMOVE NATURAL 2 31 134 134 9 Boxelder 75‐100 REMOVE NATURAL 2 36 139 139 9 Boxelder 75‐100 REMOVE NATURAL 2 40 143 143 9 Boxelder 75‐100 SAVE NATURAL 2 59 164 164 9 Boxelder 75‐100 REMOVE NATURAL 2 109 217 217 9 Boxelder 75‐100 REMOVE NATURAL 2 119 227 227 9 Boxelder 75‐100 REMOVE NATURAL 2 141 252 252 9 Boxelder 75‐100 REMOVE NATURAL 2 173 284 284 9 Boxelder 75‐100 SAVE NATURAL 2 180 291 291 9 Cottonwood 75‐100 SAVE NATURAL 2 183 294 294 9 Cottonwood 75‐100 SAVE NATURAL 2 292 505 505 9 Boxelder 75‐100 SAVE NATURAL 2 305 518 518 9 Boxelder 75‐100 SAVE NATURAL 2 440 654 654 9 Apple sp.75‐100 REMOVE PLANTED 2 542 6848 6848 9 Apple sp.75‐100 REMOVE PLANTED 2 23 126 126 8 Boxelder 75‐100 REMOVE NATURAL 2 30 133 133 8 Boxelder 75‐100 REMOVE NATURAL 2 33 136 136 8 Boxelder 75‐100 SAVE NATURAL 2 38 141 141 8 Boxelder 75‐100 SAVE NATURAL 2 43 146 146 8 Boxelder 75‐100 SAVE NATURAL 2 48 152 152 8 Boxelder 75‐100 SAVE NATURAL 2 65 170 170 8 Boxelder 75‐100 REMOVE NATURAL 2 108 216 216 8 Boxelder 75‐100 REMOVE NATURAL 2 132 240 240 8 Boxelder 75‐100 REMOVE NATURAL 2 142 253 253 8 Boxelder 75‐100 REMOVE NATURAL 2 143 254 254 8 Boxelder 75‐100 REMOVE NATURAL 2 144 255 255 8 Boxelder 75‐100 REMOVE NATURAL 2 172 283 283 8 Boxelder 75‐100 SAVE NATURAL 2 191 302 302 8 Boxelder 75‐100 SAVE NATURAL 2 291 504 504 8 Boxelder 75‐100 SAVE NATURAL 2 301 514 514 8 Boxelder 75‐100 SAVE NATURAL 2 303 516 516 8 Boxelder 75‐100 SAVE NATURAL 2 353 567 567 8 Apple sp.75‐100 REMOVE PLANTED 2 510 726 726 8 Boxelder 75‐100 SAVE NATURAL 2 541 6847 6847 8 Apple sp.75‐100 REMOVE PLANTED 2 594 6900 6900 8 Apple sp.75‐100 REMOVE PLANTED 2 149 260 260 50 Amur Maple 75‐100 REMOVE PLANTED 1 476 690 690 32 Green Ash 75‐100 SAVE NATURAL 1 274 387 387 30 Green Ash 75‐100 SAVE PLANTED 1 501 716 716 29 Green Ash 75‐100 SAVE NATURAL 1 81 186 186 26 Green Ash 75‐100 REMOVE NATURAL 1 150 261 261 26 Amur Maple 75‐100 REMOVE PLANTED 1 152 263 263 26 Amur Maple 75‐100 REMOVE PLANTED 1 499 714 714 23 American Elm 75‐100 SAVE NATURAL 1 104 212 212 22 Green Ash 75‐100 REMOVE PLANTED 1 285 398 398 22 Green Ash 75‐100 SAVE PLANTED 1 67 172 172 20 Green Ash 75‐100 REMOVE NATURAL 1 279 392 392 20 Green Ash 75‐100 SAVE PLANTED 1 482 696 696 19 Green Ash 75‐100 SAVE NATURAL 1 531 6837 6837 19 Green Ash 75‐100 REMOVE PLANTED 1 18 119 119 18 Green Ash 75‐100 REMOVE PLANTED 1 249 362 362 18 Green Ash 75‐100 REMOVE PLANTED 1 259 372 372 18 Green Ash 75‐100 REMOVE PLANTED 1 276 389 389 18 Green Ash 75‐100 SAVE PLANTED 1 397 611 611 18 Green Ash 75‐100 REMOVE PLANTED 1 459 673 673 18 Green Ash 75‐100 REMOVE PLANTED 1 461 675 675 18 Green Ash 75‐100 SAVE NATURAL 1 469 683 683 18 American Elm 75‐100 SAVE NATURAL 1 471 685 685 18 Siberian Elm 75‐100 SAVE NATURAL 1 521 737 737 18 Amur Maple 75‐100 REMOVE PLANTED 1 82 187 187 17 Green Ash 75‐100 REMOVE NATURAL 1 460 674 674 16 Siberian Elm 75‐100 SAVE NATURAL 1 515 731 731 16 Green Ash 75‐100 SAVE NATURAL 1 123 231 231 15 Amur Maple 75‐100 SAVE PLANTED 1 491 705 705 15 American Elm 75‐100 SAVE NATURAL 1 591 6897 6897 15 Amur Maple 75‐100 REMOVE PLANTED 1 592 6898 6898 15 Amur Maple 75‐100 REMOVE PLANTED 1 11 111 111 14 Green Ash 75‐100 REMOVE PLANTED 1 137 248 248 14 Green Ash 75‐100 REMOVE NATURAL 1 145 256 256 14 Green Ash 75‐100 REMOVE NATURAL 1 324 538 538 14 American Elm 75‐100 REMOVE PLANTED 1 458 672 672 14 Green Ash 75‐100 REMOVE PLANTED 1 488 702 702 14 American Elm 75‐100 SAVE NATURAL 1 490 704 704 14 American Elm 75‐100 SAVE NATURAL 1 492 706 706 14 American Elm 75‐100 REMOVE NATURAL 1 532 6838 6838 14 Green Ash 75‐100 REMOVE PLANTED 1 68 173 173 13 Green Ash 75‐100 REMOVE NATURAL 1 80 185 185 13 Green Ash 75‐100 REMOVE NATURAL 1 308 522 522 13 Green Ash 75‐100 REMOVE PLANTED 1 526 6830 6830 13 Green Ash 75‐100 REMOVE PLANTED 1 527 6831 6831 13 Green Ash 75‐100 REMOVE PLANTED 1 57 162 162 12 Green Ash 75‐100 REMOVE NATURAL 1 83 188 188 12 Green Ash 75‐100 REMOVE NATURAL 1 111 219 219 12 Green Ash 75‐100 REMOVE NATURAL 1 245 358 358 12 Green Ash 75‐100 REMOVE PLANTED 1 246 359 359 12 Green Ash 75‐100 REMOVE PLANTED 1 265 378 378 12 Green Ash 75‐100 REMOVE PLANTED 1 277 390 390 12 Green Ash 75‐100 SAVE NATURAL 1 372 586 586 12 Green Ash 75‐100 SAVE NATURAL 1 423 637 637 12 American Elm 75‐100 SAVE NATURAL 1 445 659 659 12 Green Ash 75‐100 REMOVE PLANTED 1 464 678 678 12 American Elm 75‐100 SAVE NATURAL 1 465 679 679 12 American Elm 75‐100 SAVE NATURAL 1 497 712 712 12 American Elm 75‐100 SAVE NATURAL 1 512 728 728 12 Green Ash 75‐100 SAVE NATURAL 1 516 732 732 12 American Elm 75‐100 REMOVE NATURAL 1 590 6896 6896 12 Amur Maple 75‐100 REMOVE PLANTED 1 26 129 129 11 Green Ash 75‐100 REMOVE NATURAL 1 71 176 176 11 Green Ash 75‐100 REMOVE NATURAL 1 364 578 578 11 Green Ash 75‐100 REMOVE NATURAL 1 484 698 698 11 American Elm 75‐100 SAVE NATURAL 1 496 711 711 11 Green Ash 75‐100 SAVE NATURAL 1 505 720 720 11 Green Ash 75‐100 SAVE NATURAL 1 62 167 167 10 Green Ash 75‐100 REMOVE NATURAL 1 66 171 171 10 Green Ash 75‐100 REMOVE NATURAL 1 120 228 228 10 Green Ash 75‐100 REMOVE NATURAL 1 146 257 257 10 Green Ash 75‐100 REMOVE NATURAL 1 147 258 258 10 Green Ash 75‐100 REMOVE NATURAL 1 233 345 345 10 Green Ash 75‐100 REMOVE PLANTED 1 271 384 384 10 Green Ash 75‐100 REMOVE PLANTED 1 272 385 385 10 Green Ash 75‐100 REMOVE PLANTED 1 273 386 386 10 Green Ash 75‐100 REMOVE PLANTED 1 280 393 393 10 Green Ash 75‐100 SAVE NATURAL 1 369 583 583 10 American Elm 75‐100 SAVE NATURAL 1 416 630 630 10 Green Ash 75‐100 REMOVE PLANTED 1 474 688 688 10 Siberian Elm 75‐100 SAVE NATURAL 1 481 695 695 10 American Elm 75‐100 SAVE NATURAL 1 483 697 697 10 Green Ash 75‐100 SAVE NATURAL 1 485 699 699 10 Siberian Elm 75‐100 SAVE NATURAL 1 58 163 163 9 Green Ash 75‐100 REMOVE NATURAL 1 70 175 175 9 Green Ash 75‐100 REMOVE NATURAL 1 190 301 301 9 Green Ash 75‐100 SAVE NATURAL 1 232 344 344 9 Green Ash 75‐100 REMOVE PLANTED 1 322 536 536 9 Green Ash 75‐100 REMOVE PLANTED 1 398 612 612 9 Siberian Elm 75‐100 REMOVE PLANTED 1 424 638 638 9 American Elm 75‐100 SAVE NATURAL 1 466 680 680 9 American Elm 75‐100 SAVE NATURAL 1 480 694 694 9 Siberian Elm 75‐100 SAVE NATURAL 1 504 719 719 9 Green Ash 75‐100 SAVE NATURAL 1 582 6888 6888 9 Green Ash 75‐100 REMOVE PLANTED 1 64 169 169 8 Green Ash 75‐100 REMOVE NATURAL 1 148 259 259 8 Green Ash 75‐100 REMOVE NATURAL 1 201 312 312 8 Green Ash 75‐100 REMOVE NATURAL 1 309 523 523 8 Green Ash 75‐100 REMOVE PLANTED 1 323 537 537 8 Green Ash 75‐100 REMOVE PLANTED 1 368 582 582 8 American Elm 75‐100 SAVE NATURAL 1 396 610 610 8 Amur Maple 75‐100 REMOVE PLANTED 1 462 676 676 8 American Elm 75‐100 SAVE NATURAL 1 467 681 681 8 American Elm 75‐100 SAVE NATURAL 1 473 687 687 8 Siberian Elm 75‐100 SAVE NATURAL 1 487 701 701 8 Green Ash 75‐100 SAVE NATURAL 1 489 703 703 8 Green Ash 75‐100 SAVE NATURAL 1 493 707 707 8 Green Ash 75‐100 SAVE NATURAL 1 498 713 713 8 American Elm 75‐100 REMOVE NATURAL 1 502 717 717 8 Green Ash 75‐100 SAVE NATURAL 1 513 729 729 8 Green Ash 75‐100 SAVE NATURAL 1 514 730 730 8 American Elm 75‐100 SAVE NATURAL 1 520 736 736 8 Green Ash 75‐100 REMOVE PLANTED 1 530 6836 6836 8 Green Ash 75‐100 REMOVE PLANTED 1 Note: Classification= 1 = Disease Susceptible 2 = Pioneer Tree 3 = Coniferous 4 = Deciduous Hardwood Planning Department Update Page 1 of 2 October 3, 2023 City Council Meeting TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 28, 2023 MEETING: October 3, 2023 City Council SUBJECT: Planning Department Updates Land Use Application Review A) Meander Park and Boardwalk – Meander Rd, east of Arrowhead Dr – Medina Ventures had requested PUD General Plan and Preliminary Plat approval for a development to include four residential units north of Meander Rd, and commercial uses south of Meander Rd including a venue, restaurant, daycare, and speculative retail space. The City Council granted amended PUD and Final Plat approval at the April 18 meeting. The applicant has submitted an amendment to the plat and plans which would add a strip of property along the east of the property, increase the size of the daycare, add parking, and proposes solar panel “carports” over much of the parking lot. Staff is reviewing information and will present if complete, potentially at the October 10 Planning Commission meeting. B) 500 Hamel Road Apartment Concept Plan – Medina Apartments LLC has requested review of a concept plan review for development of a 97-unit apartment building at 500 Hamel Rd. The Planning Commission and Council provided comments in the fall of 2022. The developer held a series of neighborhood workshops with neighboring property owners, most recently on September 21, 2023. A few City Council and Planning Commission members and I attended. C) 1225 Maplewood Concept Plan – John and Lisa James have requested review of a concept plan for a three-lot subdivision. Staff is conducting preliminary review and will schedule for a public hearing when complete. D) School Lake Nature Preserve 3rd Addition and PUD Amendment – School Lake Nature Preserve LLC has requested to separate the area of the formal garden from one of the lots within the development. The garden area is proposed as a stand alone outlot. The City Council granted approval at the September 19 meeting. Staff will work with applicant to finalize documents necessary to meet the conditions of approval. E) Preserve of Medina (fka Blooming Meadows) – east of Holy Name Dr, north of CR24 – Tim Boser has requested PUD General Plan and Preliminary Plat approval for a 5-lot rural subdivision. The applicant proposes to restore a large area of wetlands and create a wetland bank in addition to the lots. The City Council granted general plan of development and preliminary plat approval on August 2. Staff will await final plat application. F) Cates Industrial Park – Comprehensive Plan Amendment– Oppidan has requested final plat approval for a 310,000 square foot warehouse/office development east of Willow Drive, north of Chippewa Road. Staff has been informed that the acquisition may not be proceeding. Staff is investigating to determine what action, if any, is necessary with pending applications. G) Grossman Septic Variance – 3082 Highway 55 – Jaymes Grossman has requested a variance for the setback for a septic system from wetlands to replace an existing system. The Council approved the variance at the August 15 meeting and the project will now be closed. H) BAPS Site Plan Review – 1400 Hamel Road – BAPS Minneapolis Medina has requested an amendment to their approved site plan review. The Council approved the amended Site Plan Review at the December 6, 2022 meeting. The applicant has submitted site/civil construction MEMORANDUM Planning Department Update Page 2 of 2 October 3, 2023 City Council Meeting plans for review and has indicated that they may move forward with site work in the fall of 2023 or spring of 2024. The applicant has indicated that building construction likely would not begin until the spring of 2024. I) Hamel Townhomes Final Plat – 342 Hamel Rd – Hamel Townhomes, LLC has requested final plat approval for a 30-unit townhome development. The Council granted final plat approval on August 16. Staff will work with the applicant to finalize documents prior to beginning of construction. J) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. K) Pioneer Trail Preserve – This project has been preliminarily approved and the City is awaiting final plat application. Other Projects A) Fall Business Tours – Staff attended the tour at AutoMotorPlex on September 26. B) Tree Preservation Ordinance – staff presented the Tree Preservation Ordinance to the Planning Commission for preliminary discussion. The Planning Commission provided recommendations at their September 12 meeting, Council discussed on September 19 and the ordinance will be presented again on October 3. C) Emerald Ash Borer grants – WSB is preparing grant applications for state funding related to EAB. Staff has been meeting with WSB and providing background information. D) Highway 55 turn lanes/Adam’s Pest Control – Adam’s Pest Control has indicated that they intend to begin construction of the turn lanes into their site. MnDOT requires the City to administer the construction, so WSB is coordinating with the developer’s team to see that MnDOT requirements are met. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: September 28, 2023 RE: Department Updates Last week I attended the annual Homeland Security Emergency Preparedness Conference at Breezy Point. The conference was good. It focused on many topics about preparedness and wellness of employees. Spent valuable time networking with our local Hennepin County Emergency Preparedness Director and others within his office. Sergeant Hall attended the Criminal Justice Mental Health Summit in Plymouth last week on Tuesday, Wednesday, and Thursday. I was able to attend as well on Thursday. The Keynote speaker Travis Howze, is an international speaker that focused on motivational wellness, leadership, mental wellness, and resiliency. Both conferences were very valuable. My leadership team and I will get together to talk about different strategies that we can look at in the future, especially when it comes to employee wellness and to promote career and family longevity. We are also working on expanding our workout facility upstairs in our facility. Officer John Vinck is working hard to create a bigger space for our workout room. We have done some remodeling and will be moving into the bigger room upstairs, which will allow for more equipment to be utilized. Medina Celebration Day was a big success again this year. Administrative Assistant Klaers and others did a great job of planning the event. It was very well attended, and everyone seemed to have a great time. This event is fun to participate in and it is nice to see the community come together. As I drove the kiddie train around the entire park, I realized that our public works and others that work on the park have created a beautiful place for all to come and enjoy many activities. There are numerous residents from the Plymouth side that attended as well. We have a great community that is becoming more and more diverse, and it is enjoyable to see the interaction at Medina Celebration Day. Patrol: The following are updates of Patrol Officers between September 12 and September 25, 2023: Citations – 5 Warnings – 78 PD Accidents – 2 PI Accidents – 2 Medicals – 17 Falls – 3 Suspicious Calls – 5 Traffic Complaints – 11 Other Agency Assists – 17 Business/Residential Alarm- 12 Welfare Checks - 4 Disturbance Calls - 4 *Sgt. Boecker was out of the office this week. Investigations: Received digital contents from phone warrants and went through those. Received two fraud cases. Received theft case. Case forwarded to me from another agency for follow up. Attended MN Organized Retail Crime Association Conference. Booked a suspect for a previously charged assault. Booked a suspect for a previously charged stop arm violation. Closed several cases. Burglary cases referred to county attorney. Investigations currently has 11 open/active cases. 1 TO: Medina Mayor and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: September 28, 2023 MEETING: October 3, 2023 SUBJECT: Public Works Update Streets • Public Works backfilled and shouldered where necessary prior to the second lift of asphalt on Town Line Road and Juniper Curve. The final lift is scheduled, and striping will follow. The project has gone very well. The Public Works team has done a great job on both the road reconstruction and community relations with city representatives and residents of all three cities. • Public Works is completing some blacktop repairs at Deerhill Road. We are also repairing the Tomahawk and Hamel Road intersection. Water/Sewer/Stormwater • Jim Stremel and I are exploring the possibility of moving the water treatment plant expansion forward. We have some water usage data to look at before bringing it back to Council. • The Willow Drive Lift Station project looks great. We are on schedule for a late September or early October startup date. • Public Works will be completing our annual inspection of valves and manholes to ensure they are not a hazard to the snowplows in the months to come. • The Independence Beach Lift No1 pumps are large, very expensive, and have some issues. I’m working with the Met Council (MCES) for reimbursement of $62,000 to cover repairs as negotiated in our maintenance agreement. Parks/Trails • The grandstand project at Hamel Legion Park looks great and will be completed soon. HAC is also working on field maintenance which includes mound work and new sod. • The ballfield/open space at Hunter Lions Park looks great. The seeding finally took off and we expect the field to be ready for practice/play next year. • The kayak rack was installed at Lakeshore Park. There is interest for next season as this season slips away. The viewing decks are a big hit and a great addition in the park. • The seal coating on the Clydesdale trail really makes the entire street scape look new as it helps preserve the trail. MEMORANDUM ORDER CHECKS SEPTEMBER 19, 2023 – OCTOBER 3, 2023 054838 CAVANAGH, PHYLLIS J ............................................................. $62.42 054839 KORIN, MELISSA/JAMES .................................................... $10,000.00 054840 LEINFELDER, DAVID/ANNA ..................................................... $150.00 054841 PC PYROTECHNICS LLC ...................................................... $7,500.00 054842 SORENSON, ANDREW/SARAH ........................................... $10,000.00 054843 STAHLKE BUS SERVICE INC ................................................... $258.56 054844 SUSTAINABLE NINE ............................................................ $10,000.00 054845 ZEHNDER HOMES, INC ...................................................... $10,000.00 054846 HENNEPIN COUNTY TREASURER ............................................ $25.00 054847 LANGHEINRICH, TRACY ............................................................ $30.00 054848 LAW ENFORCEMENT LABOR .................................................... $65.00 054849 PREMIUM WATERS INC ............................................................. $11.74 054850 SOLUTION BUILDERS INC .................................................... $3,438.47 054851 AMERICAN MAILING MACHINES ............................................... $49.68 054852 BEAUDRY OIL & PROPANE .................................................. $2,150.28 054853 CORE & MAIN LP ................................................................... $4,730.78 054854 DAKOTA SUPPLY GROUP .................................................... $1,339.13 054855 DESIGNING NATURE, INC. ...................................................... $589.00 054856 DESLAURIERS & SONS INC ................................................. $4,600.00 054857 ENGEL WATER TESTING INC.................................................. $540.00 054858 EQUIFAX ....................................................................................... $7.51 054859 ESI ENGINEERING INC ......................................................... $8,560.00 054860 FERGERSON WATERWORKS #2158 ...................................... $174.66 054861 GOPHER STATE SEALCOAT INC ......................................... $7,875.00 054862 HAMEL LUMBER INC .................................................................. $79.20 054863 HAWKINS INC. ............................................................................ $20.00 054864 INTOXIMETERS INC ................................................................. $125.00 054865 JOSEPH M KITTOK ................................................................... $470.00 054866 KOTHRADE SEWER, WATER & ............................................... $390.00 054867 LEAGUE OF MN CITIES INS.TRUST ........................................ $130.08 054868 LEPHART, JOHN & GRACE ...................................................... $105.63 054869 METRO ALARM CONTRACTORS INC ..................................... $388.63 054870 METRO WEST INSPECTION ............................................... $12,228.40 054871 MILLER TRUCKING & LANDSCAPE ......................................... $960.00 054872 MINNESOTA TOPSOIL ........................................................ $13,580.00 054873 NAPA OF CORCORAN INC ...................................................... $169.73 054874 NELSON ELECTRIC MOTOR REPAIR .................................. $1,806.00 054875 NUTRIEN AG SOLUTIONS, INC ............................................ $1,160.00 054876 ODP BUSINESS SOLUTION LLC .............................................. $366.85 054877 RAYMOND FLEMAL ............................................................... $4,170.00 054878 ROLF ERICKSON ENTERPRISES INC ................................ $10,010.40 054879 SCHMIDT CURB COMPANY INC ........................................... $6,885.00 054880 SIR LINES-A-LOT LLC ........................................................... $5,901.24 054881 SUN LIFE FINANCIAL ............................................................... $704.08 054882 TEGRETE CORP .................................................................... $1,886.00 054883 TIMESAVER OFFSITE .............................................................. $355.75 054884 TOTAL CONTROL SYSTEMS INC. ...................................... $42,091.35 054885 SSI MN TRANCHE 1 #10322006 ............................................ $5,406.88 054886 SSI MN TRANCHE 3 #10327096 ............................................ $6,606.72 054887 WESTSIDE WHOLESALE TIRE ................................................ $116.00 054888 WSB & ASSOCIATES INC.................................................. $126,153.10 Total Checks $324,423.27 ELECTRONIC PAYMENTS SEPTEMBER 19, 2023 – OCTOBER 3, 2023 007003E CIPHER LABORATORIES INC. .............................................. $1,122.00 007004E FURTHER .............................................................................. $2,127.39 007005E PR FED/FICA ....................................................................... $20,522.70 007006E PR MN Deferred Comp ........................................................... $3,967.47 007007E PR STATE OF MINNESOTA .................................................. $4,616.17 007008E CITY OF MEDINA ........................................................................ $25.00 007009E PR PERA .............................................................................. $20,927.12 007010E CENTERPOINT ENERGY ......................................................... $327.53 007011E DELTA DENTAL ..................................................................... $3,201.53 007012E GREAT AMERICA FINANCIAL SERVI ...................................... $178.95 007013E WRIGHT HENN COOP ELEC ASSN ...................................... $2,174.08 007014E DELTA DENTAL ..................................................................... $3,048.38 007015E ELAN FINANCIAL SERVICE .................................................. $6,983.90 007016E MINNESOTA, STATE OF ....................................................... $2,202.00 007017E FURTHER ................................................................................. $367.30 007018E THE VALVOLINE COMPANY 68 ................................................. $33.97 Total Electronic Checks $71,825.49 PAYROLL DIRECT DEPOSITS SEPTEMBER 27, 2023 0513028 ALTENDORF, JENNIFER L. ................................................... $1,288.35 0513029 BARNHART, ERIN A. ............................................................. $3,019.12 0513030 BOECKER, KEVIN D. ............................................................. $3,122.09 0513031 CONVERSE, KEITH A. ........................................................... $2,460.36 0513032 DEMARS, LISA ....................................................................... $1,614.87 0513033 DION, DEBRA A. .................................................................... $2,198.99 0513034 ENDE, JOSEPH...................................................................... $2,489.13 0513035 FINKE, DUSTIN D. ................................................................. $3,122.31 0513036 GLEASON, JOHN M. .............................................................. $2,177.64 0513037 GREGORY, THOMAS ............................................................ $2,229.68 0513038 GROTH, BRENNA L ............................................................... $1,504.54 0513039 HALL, DAVID M. ..................................................................... $2,630.58 0513040 HANSON, JUSTIN .................................................................. $2,774.70 0513041 JOHNSON, SCOTT T. ............................................................ $2,784.01 0513042 KLAERS, ANNE M. ................................................................. $1,771.22 0513043 LEUER, GREGORY J. ............................................................ $1,937.82 0513044 MCGILL, CHRISTOPHER R. .................................................. $1,631.80 0513045 MCKINLEY, JOSHUA D .......................................................... $2,286.94 0513046 MYHRE, JORDAN J ............................................................... $2,469.64 0513047 NELSON, JASON ................................................................... $3,044.17 0513048 RATKE, TREVOR J ................................................................ $1,916.91 0513049 REINKING, DEREK M ............................................................ $2,747.21 0513050 RUCKE, MARIA ...................................................................... $1,888.39 0513051 SCHEIBE, CONNIE L ............................................................. $1,599.50 0513052 SCHERER, STEVEN T. .......................................................... $2,730.27 0513053 VINCK, JOHN J ...................................................................... $1,966.97 0513054 VOGEL, NICHOLE .................................................................. $1,077.11 0513055 WALKER, CAITLYN M. ........................................................... $2,056.31 0513056 WIESE, TANNER .................................................................... $1,852.00 0513057 BURSCH, JEFFREY ............................................................... $1,590.54 Total Payroll Direct Deposit $65,983.17