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ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 2 includes additional restrictions on tree and vegetation removal within the Shore Impact Zone and on steep slopes in the Shoreland Management District. City Planner Bachler explained to mitigate the impacts of the removal of significant trees, the City has adopted a Tree Preservation Ordinance (Section 1325.055). A Tree Preservation Plan is required as part of an application for new building construction, expansion of an existing building or hard surface by 10 percent or more, projects that requires a Grading and Erosion Control Permit, and for a plat or minor subdivision. The Tree Preservation Ordinance does not prohibit the removal of significant trees, but it does give the City authority to work with a property owner to designate certain trees for preservation and to require replacement tree plantings. City Attorney Joel Jamnik explained he had a difficult time finding an Ordinance that addressed vegetation removal and clear cutting. He commented further on how these Ordinances handle violations and discussed the proposed fines. He was of the opinion courts would not impose the full $1,000 fine. He anticipated a $300-400 fine could be imposed on a first-time offense. He reported staff could fashion language to address landscape enhancements and clear cutting that would have to occur for this type of activity. Councilmember Holden discussed the amount of time the City spends addressing homeowners along Lake Johanna that have cleared large amounts of vegetation. City Attorney Jamnik commented cleanup costs could be abated back to a homeowner, but noted staff and attorneys’ fees would be difficult to recover. City Planner Bachler stated one of the difficulties facing the City at this time was defining clear cutting. Councilmember Holden recommended information regarding clear cutting and vegetative removal be included in the new resident packet, along with being posted on the City’s website. She explained she was really concerned with the clear cutting that was occurring on Lake Johanna. City Attorney Jamnik reported it would be difficult to close the loopholes that are occurring now without stricter enforcement on the City’s part. Further discussion ensued regarding the Thom Drive situation. Councilmember Fran Holmes stated she did not believe the Thom Drive issue was a concern. Councilmember Holden expressed concern with how the Thom Drive property was clear cut prior to seeking approval to the City for the subdivision. City Attorney Jamnik commented if the City Council was interested, staff could continue to work on this to address intensive vegetation removal, separate from a development or landscaping activity. Secondarily, he would also address holding up building permits and certificates of occupancy if a restoration order was necessary.