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3. Staff Report-Tree Trimming Policy (Nov 2014) Staff Report Date of Meeting: November 18, 2014 To: City Council From: Kristina Handt, Administrator Re: Tree Trimming Policy Background: The City Council adopted a tree trimming policy on October 16, 2012. A copy is included in your packet. As stated, 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. 28th on 238th 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. He is offering alternative language which is included in your packet. 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 laying in the ditches. Issue: Should changes be made to the City’s Tree Trimming Policy? Proposal Details/Analysis: Residents are asking the Council to amend the tree trimming policy so that trees would only be cleared within 8 feet of the paved edge of a road. They have cited policies such as Scandia’s Scenic Viewsheds, Chap. 2, Sec. 3.11 of the Development Code Woodland and Tree Preservation, and the Shoreland Management Regulations. Staff would be concerned about limiting the ability to remove trees to within 8 feet of the edge of the pavement. For example, there could be a tree with a trunk that is outside the 8 feet but it could begin to lean towards the road as it grows and have branches that come within 8 feet of the road. Also, by not clearing trees back further from the edge of the pavement, when we have storms or high winds it is more likely that when those trees fall they will block the road thus creating a public safety hazard. Furthermore, sight lines around curves are improved. Drifting problems are eliminated and hazards to people when they go off the road are eliminated. There could be possible root damage when re-establishing the up-slope when ditching occurs if trees are only cleared 8 feet back. Lastly, allowing trees just past 8 feet from the pavement may make it more difficult to keep the ditches clear and allow for the proper drainage (both rain and snow) away from the road surface. The current policy, as written, gives staff the ability to leave some trees if they do not pose a hazard in the future. Having an exact distance would limit staff’s judgment. Secondly, while the residents point to various portions of the Scandia Development Code to support their position, those sections apply to incentives or requirements related to development not the maintenance of roadways. Scandia’s Scenic Viewsheds: The purpose of the Guidelines for the Protection of Scandia’s Priority Scenic Viewsheds is twofold: 1. To provide incentives for landowners and developers to preserve Scandia’s scenic heritage and 2. To provide clarity for the regulation of cell phone tower placement within the city. The guidelines are designed to be applied to new development in Scandia, but may also have value to those existing homeowners who wish to enhance their property. In new development, both individual homebuilders and developers can take advantage of the Guidelines to site and design new houses and buildings in such a way that they support the historic, rural nature and the natural beauty of the community. Woodland and Tree Preservation: (1) Purpose. The preservation and protection of trees and woodlands can significantly add to the quality of the physical environment of the community. The City recognizes the value of trees and woodlands for improving air quality, scenic beauty, protection against wind and water erosion, shade, natural insulation for energy conservation, wildlife habitat, and protecting the integrity of the natural environment. (2) Applicability. (A) A Woodland Preservation Plan shall be required for: 1. Any Preliminary Plat when significant trees or significant woodlands exist in the proposed construction zone. 2. Any Minor Subdivision when significant trees or significant woodlands exist in the proposed construction zone. 3. Any Landscape Plan as required by Section 3.12 of this Chapter when significant trees or significant woodlands exist in the proposed construction zone. (B) A Woodland Preservation Plan shall not be required for: 1. Removal of Diseased Trees. All diseased, hazardous, dead and dying trees may be removed. 2. Removal of invasive tree species. Invasive tree species are encouraged to be removed and chemically treated with appropriate herbicides and application methods to discourage re-sprouting and minimize ecological impacts. Shoreland Regulations Chap. 5: Sec. 9.1(5): Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas under validly issued construction permits are exempt from these vegetation alteration standards. 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 2) Make no changes to the Tree Trimming Policy Recommendation: Option 2.