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DATE: August 12, 2019 TO: Honorable Mayor and City Councilmembers FROM: Jane Kansier, AICP Planning Consultant SUBJECT: Vegetation Removal and Clear Cutting Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should provide further direction on the moving forward with potential regulations regarding vegetation removal and clear cutting. Background At the August 20, 2018, City Council workshop, the City Attorney reviewed a draft ordinance that was intended to address vegetation removal and clear cutting. The ordinance amendments reviewed in August, 2018, is attached as Attachment A. At that meeting, the City Council was concerned the ordinance did not address the issue of clear- cutting a lot and claiming the trees were diseased after the fact. To address the Council’s concerns, additional language is proposed. The additional language includes: • Adding a definition of Land Disturbance Activity to the Zoning Code definitions. The definition is the same as that included in Chapter 15, Erosion and Sedimentation Control. • An amendment to Section 1325.055, Tree Preservation, Subd. 2, stating “It shall be unlawful for any person to engage directly or indirectly in a land disturbing activity, as defined in this ordinance, unless such person has applied for and obtained approval of a tree preservation plan. No preliminary plat, building permit, grading permit, or other City required permit shall be granted unless approval of a tree preservation plan has been obtained.” • An amendment to Section 1325.055, Subd. 5, D, stating, “Prior to removal, all diseased or nuisance trees must be clearly identified on the site, and the diseased or nuisance state must be certified by a certified tree inspector, forester or arborist.” AGENDA ITEM –1D MEMORANDUM