Amendment to City Code Section 820 in regard to the maintenance of vegetation; and the adoption of Resolution 2016-047 endorsing the “Pollinator-Safe” policies and procedures; Strachota/HoveMemorandum Public Works Department
To: Honorable Mayor and Members of the City Council
From: Jay Strachota, Streets & Parks Superintendent
Pam Hove, Solid Waste Coordinator
Cc: Mike Mornson, City Manager
Date: June 14, 2016
Subject: Discuss an amendment of City Code Section 820 in regard to the maintenance of
vegetation; and the adoption of Resolution 2016-047 endorsing "Pollinator -Safe"
policies and procedures
Staff would first like to discuss amending City Code Section 820 to include "Maintenance of
Vegetation". Staff proposes these amendments in order to better define what is a "native planting
area" and what is an unmaintained area.
See attached for the proposed amendments to Section 820.
Secondly, staff recommends adopting Resolution 2016-047 endorsing "pollinator -safe" policies
and procedures. Pollinators are critically important to our ecosystem and to the food we eat.
Honeybees provide pollination for a third of the food we eat — most of our fruits, nuts and
vegetables. Scientists agree, Minnesota's pollinators are in decline. Multiple, interacting factors
are contributing to declining populations, including: pesticides, habitat loss, diseases and
parasites.
In recognition of National Pollinator Week (June 20-26) Staff feels it is important that Hopkins take
action to address these factors in our community — including reducing the use of harmful
pesticides like neonicotinoids. This Resolution also supports residents who want to increase
pollinator habitat and reduce the use of chemicals that can harm pollinators.
W.k Session Memo 06.14.16.doc
Hopkins City Code
(Rev. 6/98), 820.01
Section 820 - Maintenance and Repair of Walks, Aprons and Vegetation
820.01. Definitions.
Subd. 1. "Current Service". The term means the removal from sidewalks accumulation of
snow, ice, dirt and rubbish; cut or eliminate weed growth, grass or other rank vegetation.
Subd. 2. Driveway Apron. The term means a driveway area providing access to the property of
an owner or occupant extending from a public street to the boundary of the property of said owner or occupant.
(Amended ord. 98-810)
Subd. 3. Central Business District. For the purposes of this City Code section, this tern means the
properties abutting Mainstreet from the Park Lane intersection to 17`h Avenue and the properties abutting 8"'
through 12°i Avenues between I" Street South and I" Street North. (Amended Ord. 06-974)
820.03. Walks And Weeds. The owner or occupant of property adjacent to a public sidewalk, carriage walk, or
driveway apron, shall maintain such areas in a clean and safe condition for pedestrians at all times and shall
not allow snow, ice, dirt or rubbish to remain thereon longer than 12 hours after its deposit. (Amended Ord.
2006-975)
820.04. Maintenance of Vegetation.
Subd 1. For the purposes of this section, the following terms shall have the following meanings:
a) "Garden" means a cultivated area dedicated to growing vegetables, fruits, flowers,
ornamental grasses, groundcovers, shrubs and similar plants that were planted in a well-
defined location.
b) "Native Plants" are those grasses (including prairie grasses), sedges (solid, triangular -
stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees and shrubs
that are plant species native to or naturalized to the state of Minnesota, excluding
prohibited exotic species, as defined by Minnesota Statutes Chapter 84D. Native plants do
not include weeds.
c) "Native Plant Landscape Area" means an area where native plants are being or have been
planted in a designated area. A Native Plant Landscape Area does not include gardens.
d) "Natural Area" means an area that was purposely left to grow in a natural state and can
maintain itself in a stable condition without human intervention and contains trees, shrubs,
and native plants, excluding weeds and turfgrass areas that contain more than 50%
turfgrass.
e) "Ornamental Grasses" means grasses that are not indigenous to the state of Minnesota, that
are intended to add beauty to a garden. Ornamental grasses do not include turfgrasses or
weeds.
f) "Turfgrass" means commercially available cultured turfgrass varieties, including bluegrass,
fescue and ryegrass blends, commonly used in regularly cut lawn areas.
g) "Weeds" are (i) noxious weeds as defined and designated pursuant to the "Minnesota
Noxious Weed Law", Minnesota Statutes Sections 18.76-18.88, as amended from time to
time, or (ii) any volunteer plants, such as but not limited to garlic mustard (alliaria
petiolata), spotted knapweed (centaurea maculosa), or burdock (arctium minus). The City
Weed Inspector shall maintain a current list of volunteer plants that are prohibited.
Subd 2. An owner or occupant of any lot or parcel of land in the City, or agent of any such owner or
occupant, shall not allow any herbaceous vegetation growing upon such lot or parcel of land, or growing upon
Section 820 Page 1
City right-of-way which abuts the lot or parcel of land, including the area between any sidewalk or trail and
the curb of the street to grow to a height greater than ten (10) inches or allow such vegetation to go to seed or
spread via root growth.
Subd 3. The provisions of Subd 2 shall not apply on private property:
a) To vegetation that is located:
1) On slopes equal to or steeper than three feet horizontal to one foot vertical (3:1);
2) In Natural Areas;
3) Within fifty feet of a Natural Area;
4) In a scenic or conservation easement;
5) In a garden;
6) In City park lands;
7) In a floodplain area designated on the official zoning map; or
8) Within a drainage pond or ditch which stores or conveys stormwater.
b) To Native Plant Landscape Areas, provided that:
1) They are set back no less than one (1) foot from the property line. No setback is
required if (1) there is a filly opaque fence at least five feet in height installed
between the native plants and the side or rear lot lines or (2) the native plants abut a
neighboring Native Plant Landscape Area;
2) The Native Plant Landscape Area is cut at least once annually between April 15
and July 15 to a height no greater than ten (10) inches;
3) Turfgrass is eliminated and the native plants, trees and shrubs are planted through
transplanting or seed by human or mechanical means. Soil erosion should be
controlled while the ground is bare of plant growth that is sufficient to inhibit
erosion and is the sole responsibility of the owner or occupant
Subd 4. The Native Plant Landscape Area, Garden, or Natural Area shall not obscure, block or impede
visual sight lines; regulatory, warning or street identification signs; or street light illumination required to
ensure the safe and efficient movement of vehicles and pedestrians on streets, alleys, intersections, trails,
pathways and sidewalks.
Subd 5. The City may require the owner or occupant who has planted, or has allowed to be planted,
native plants or other vegetation within a drainage or utility easement or a right-of-way of a City street to
remove the native plants or other vegetation from the right-of-way or drainage and utility easement at no
expense to the City. The City will not be responsible for damage to turfgrass and/or any landscaped areas
resulting from public use, public works improvements or snow removal activities within right-of-ways or
drainage and utility easements.
820.05. Public Nuisance. Failure of the owner and occupant to comply with the requirements of Section
820.03 by allowing such accumulations or growth shall be deemed to be a public nuisance.
820.07. Notice. Whenever the owner or occupant permits the continuance of a public nuisance as defined in
Section 820.05, the City shall serve notice upon said owner or occupant by registered mail or personal service
ordering such maintenance or removal within 48 hours following receipt of the notice and further notice that
noncompliance will be followed by such maintenance or removal by the City at the expense of the owner or
occupant and if unpaid, shall be made a special assessment against the property concerned as hereinafter
provided. (Amended Ord.98-810)
820.08 Central Business District Notice. Whenever the owner or occupant of a Central Business District
property fails to remove snow/ice accumulation from abutting sidewalks and therefore permits the continuance
of a public nuisance as defined in Section 820.05, the City shall serve notice upon said owner or occupant by
registered mail or personal service ordering such maintenance or removal within 24 hours following receipt of
the notice and further notice that noncompliance will be followed by such maintenance or removal by the City
at the expense of the owner or occupant and if unpaid, shall be made a special assessment against the property
concerned as hereinafter provided. (Amended Ord. 2006-974)
Section 820 Page 2
820.09 Assessment. On or before September 1 of each year, the City shall list the total of all unpaid charges
for each type of current service against each separate lot or parcel to which they are attributable under this
Section. The City may then spread the charges against the benefited property as a special assessment pursuant
to Minnesota Statute Section 429.101 and other pertinent statutes for certification to the County Auditor and
collection for the following year with current real estate taxes due on said lots or parcels.
820.11 The City shall repair or replace carriage walks and driveway aprons when, in the opinion of the City
Engineer and subject to Council approval, such facilities are found to be in a state of disrepair and pose a
danger to the health and safety of the Public. Costs incurred shall be assessed against benefited property as a
special assessment pursuant to Minnesota Statute 429.
Hopkins City Code (Rev. 6/98), 820.13
820.13. Unused or abandoned curb cuts and driveway aprons shall be removed by the City and street, curb,
gutter and boulevard restored in the event of street reconstruction, development or redevelopment of real
property adjacent to such curb cut and apron or upon determination by the City that such unused or abandoned
curb cut and apron impose a hazard to the health and safety of the public. Costs incurred shall be assessed
against the benefited property as a special assessment pursuant to Minnesota Statute 429.
820.15. Notwithstanding the above provisions to the contrary, the City shall repair or replace public sidewalks
at its own expense without cost to the owner or occupant of adjacent property.
820.17. Violation. Continuation of a public nuisance as defined in Section 820.05 in violation of this
Ordinance or to interfere with a City employee or other authorized person in the performance of any current
service following due notice to the owner or occupant of such lots or parcels is a misdemeanor violation of this
Ordinance.
(This Section was amended in its entirety by Ordinance No. 95-772)(Amended by Ordinance 98-810)
Section 820 Page 3
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO 2016-047
A RESOLUTION ENDORSING "POLLINATOR -SAFE"
POLICIES AND PROCEDURES
WHEREAS, the Hopkins City Council recognizes that bees and other pollinators are integral to the
pollination of plants in order to grow a wide diversity of essential foods including fruit, nuts, and
vegetables; and
WHEREAS, pollinator populations are threatened due to habitat loss, pesticide use, pathogens and
parasites; and
WHEREAS, recent research suggests there is a link between certain systemic pesticides, especially those
that contain neonicotinoids and the die -off of plant pollinators such as honey bees, native bees, butterflies,
moths and other insects; and
WHEREAS, application of certain pesticides such as neonicotinoids and systemic herbicides may reduce
pollinator habitat; and
WHEREAS, the City Council fords it is in the public interest and consistent with adopted City policy for
the City to demonstrate its commitment to a safe and healthy community environment through the
implementation of pest management practices in the maintenance of city parks, open spaces and city
property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins:
1. The City shall continue its efforts to become a "Pollinator -Safe" City by undertaking best
practices for management of plantings, including an emphasis on biological controls over
pesticides, in all public places within the City, including parks and right-of-ways.
2. The City shall refrain from the purchase and use of systemic pesticides on City property to the
extent practicable, with emphasis on avoiding use of pesticides from the neonicotinoid family.
3. The City shall undertake best efforts to purchase and plant vegetation favorable to bees and other
pollinators in the City's public spaces.
4. The City shall undertake best efforts to purchase plants that have not been genetically engineered
to have herbicides or pesticides in their DNA.
5. The City shall undertake best efforts to communicate to City residents the importance of creating
and maintaining a pollinator -safe habitat.
6. The City shall maintain a list of native and naturalized pollinator -safe plants for reference by the
community.
ADOPTED by the Hopkins City Council on June 21, 2016
Molly Cummings, Mayor
ATTEST:
Amy Domeier, City Clerk