CR 2012-147 First Reading of Ordinance Amending City Code Sections 825, Trees in Street and Public Groundsri 10; i n�`
December 13, 2012 [_/0 P K INS Council Report 2012-147
First Reading
Ordinance Amending City Code Sections 825, Trees in Streets and Public Grounds
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt for first
readina Ordinance 2012-1058. amendina Citv Code sections 825.
Overview.
Staff proposes that City Council amend the existing City Code Sections 825, Trees in
Streets and Public Grounds. The amendment changes the title of the City Code to:
"Trees and Landscaping in Streets and Public Grounds", revises the approved tree
species and adds section 825.23 to address plantings and mulch in the right of way.
Supporting information.
• Ordin nce 201(-1058
Steven J. Stadler, Public Works Director
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2012-1058
AN ORDINANCE AMENDING SECTION 825 OF THE HOPKINS CITY CODE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 825 - Trees and Landscaping in Streets and Public Grounds
is amended as follows:
Section 825 - Trees and Landscaping in Streets and Public Grounds
825.01. Permit required. No person may plant a tree within the limits of any parkway or street in the city
without having first obtained a permit from the manager.
825.03. Permit application. A person wishing to plant one or more trees shall apply to the manager for a
permit, stating the variety and precise location proposed for each tree. After the receipt of such an application,
the city manager shall investigate the locality where the trees are to be placed and shall grant a permit only if,
in his judgment, the location is such as to permit the normal growth and development of each tree. The permit
shall specify the location, variety and grade of each tree and method of planting, including, among other
things, the supplying of suitable soil. The permit shall be good only for the season stated on same in the year
issued, and no charge shall be made for same. No trees shall be planted except in accordance with its terms.
The specifications of the permit shall be such s will secure the suitable location, planting and growth of each
tree.
825.05. Approved trees and spacing along streets and boulevards. Only the following deciduous trees and
varieties thereof shall be planted as street or boulevard trees: Norway maple, ginko, ha- --ckb-
- -
erry, honey_ locust,_ _ _ - Deleted: summit green ash,
jinden, autumn blaze maple, -sugar maplezoak,,walnut,-disease-resistant Elm and JUanese Lilac. They shall be _ _ _ Deleted: Kentucky coffeetree,
spaced when planted in accordance with regulations to be established by the city manager from time to time Deleted: and
pursuant to accepted forestry recommendations and practices pertaining to the several tree species permitted.
(Amended Ord. #96-782)
825.07. Location requirements. No permit for planting of trees shall be given where the clear space between
the curb and sidewalk is less than three feet, where overhead utilities may be impacted or where lines of sight
are obstructed to create a potential public safety issue. Neither shall a permit be given where the soil is too
poor to insure the growth of the trees unless the applicant or the owner agrees to excavate a suitable hole of not
less than 65 cubic feet and to replace the material removed with suitable good loam.
825.09. Trees removed. Moving of trees and shrubs or trimming the branches thereof made necessary for the
moving of such building or any other purpose shall be done under the supervision of an experienced tree
trimmer acceptable to the manager. If moving or replanting causes the death of the trees or shrubs, the
applicant shall replace the trees at his expense.
825.11. Building materials in street. No building material or any other material of any description shall be
piled up against any street tree unless the tree is first sufficiently protected by a proper guard to prevent
possible injury, and in conformance with all instructions issued for that purpose by the manager.
Section 825 Page 1
825.13. Damagin¢ trees forbidden. No person shall remove, destroy, cut, deface, trim, or in any way injure or
interfere with any tree or shrub on any of the avenues, streets or public grounds, including parks and parkways
of the city without a permit from the manager.
825.15. Park and playground planting. Healthy trees in addition to those set forth in subsection 830.05 may be
planted in public parks and playgrounds after permit therefor is authorized and issued by the manager.
(Amended Ord. #96-782)
825.17. Thinning and infested trees. The manager may remove or destroy trees in streets and parkways for the
purpose of thinning out such trees and procuring their proper spacing or to remove trees of a species prohibited
by this section, or if infected by disease or infested by injurious insects when such destruction is necessary to
the protection of other trees.
825.19. Chafing trees. No person shall place or let be placed in any street or parkway any wire conduit or
other thing that bums, cuts or chafes any part of any trees, whether trunk, root or branch. In case the owner or
the person placing same shall fail after three days written notice to take adequate steps to prevent further
injury, the manager may remove the same.
825.21. Paving. No paving of any description shall be laid or maintained by anyone between sidewalk and
curb which will cut off the air and water from any tree. A space of not less than 50 square feet must be left
open for each tree, which space may be covered with suitable, satisfactory iron grate, upon a permit of the
manager to whom the plan for the grate must be first submitted.
825.23. Plantings and landscaping materials The placement and maintenance of shrubs, flowers and other
plantings landscaping rock and mulch within the limits of any public right of way shall be restricted as
follows: a) rock and mulch landscaping material maxonly be used in the immediate vicinity of trees, shrubs
and flowers with a maximum of a 2 foot spread from the plantings and b) shrubs and flowers must be planted
a sufficient distance from sidewalks to prevent them from encroaching onto the sidewalk area and in no
instance within one foot of the sidewalk edge.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading: December 18, 2012
Second Reading: January 8, 2013
Date of Publication: January 17, 2013
Date Ordinance Takes Effect: January 17, 2013
Eugene J. Maxwell, Mayor
ATTEST:
Kristine Luedke, City Clerk
Section 825 Page 2