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9.c) Staff Report-Tree Trimming Policy AmendmentsSCANDIA Staff RepoVt Date of Meeting: January 20, 2015 To: City Council From: Kristina Handt, Administrator Re: Amending Tree Trimming Policy Background: The City Council adopted a tree trimming policy on October 16, 2012. The purpose of the policy is to apply uniform practices to the trimming and clearing of brush in the right of way to protect the City's investment in roads, maintain safe roads and maintain general tree health. In late October, some residents around Bone Lake were concerned after the public works crew cleared some scrub brush along the roadways. Margie Schmidt expressed concern for erosion around Bone Lake if the trees were removed up to the shoreline. Staff met with Margie on Oct. 281h on 2381h St near the landing. It was revealed at this meeting there was some misunderstanding about how many trees would be removed. Ms. Schmidt thought it was 30 feet from the pavement edge. Staff informed her the right of way (ROW) was about 30 feet from the center line. Furthermore staff walked the road with Ms. Schmidt and identified the things looked for in deciding to take down trees such as dead or dying trees, trees that are leaning over the roadway, and trees that are so close to the roadway they may hit some of the larger vehicles i.e. snow plows and fire trucks. David Bakke also expressed concern about the possibility of removing all trees in the City ROW. Beryl Halldorson also met with staff and does not want all of the trees in the ROW to be removed. She also does not like the look of all of the scrub brush lying in the ditches. A review of the tree trimming policy was on the agenda at the November Council meeting at the request of Council member Lee. The Council heard from citizens who would like to see the policy changed to be more restrictive and others who supported the cutting of trees in the City's road right of ways. A second meeting to listen to resident concerns and review the policy was held on January 7, 2015. The Council directed staff to make some changes to the policy to limit the flail mower and provide a process for residents to appeal the Public Works Director's decision. After the work session, Margie Schmidt sent another letter to the Council asking for yet another meeting as she was not happy with the amendments the Council proposed. A copy of her letter is in your packet. Issue: Should changes be made to the City's Tree Trimming Policy? Proposal Details: Included in your packet is a redlined version of some proposed amendments following the work session discussion. The first change is to prohibit the flail mower from being used in a vertical position. The second change is to make it clear that property owners can contact the Public Works Director with concerns and he will meet with them onsite. If differences cannot be resolved at this point, the property owner has 5 days to file a written appeal with the Clerk's Office and the issue will go before the Council. The Public Works Director would be required to mark any trees 6 inches in diameter measured at a point 54 inches above the ground (same language from Shoreland Ordinance), if the resident filed a complaint. This would allow the Council to visit the area and have a visual depiction of the trees to be removed before making their decision. Fiscal Impact: Limiting the ROW that may be trimmed or cleared by staff may require more frequent tree trimming in an area. It will cost more in the future to remove trees when the trees are bigger. Once cleared, it is easier and cheaper to mow the ditch. Options: 1) Amend Tree Trimming Policy as described 2) Make other amendments to Tree Trimming Policy 3) Make no changes to the Tree Trimming Policy Recommendation: Option 1.