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HomeMy WebLinkAbout2011 04 05 Regular 601 Other Document Referred To By Mike MingeaDate: April 5, 2011 The following document was referred to by Mr. Mike Mingea, Arborist, Urban Beautification Services Division, Community Development Department during Regular Agenda Item "601" at the Beautification of Winter Springs Meeting on April 5, 2011. . b � 1 � ol,JS � • ��-- ��_ COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 205 � � �NG _ January 24, 2011 M. /De t. Meeting Au orization REQUEST: The Community Development Department is requesting that the City Commission approve Resolution 2011-01, amending the City of Winter Springs Memorial Tree Planting Program; providing for repeal of prior inconsistent resolutions, severability, and an effective date. SYNOPSIS: On November 24, 2008, Agenda Item 204 and Resolution 2008-03 were approved by the City Commission to establish the City's first Memorial Tree Planting Program. Since then, based on public feedback, the Beautification of Winter Springs (BOWS) Advisory Board and Staff have discussed several `tweaks' that would allow for increased public interest and promote greater access to the program by providing varied contribution levels. On October 5, 2010, the BOWS Board unanimously voted to recommend to the City Commission several revisions to Resolution 2008-03, which are reflected in the attached Resolution 2011-01. CONSIDERATION: As part of the original Memorial Tree Planting Program effective under De..,.l...:..� �nno n� - - - • •� . � .�..... . Resolution 2008-03 also permits an `on-site' marker to be installed at a City Park • for an additional contribution of $450. Under Resolution 2011-01, language was added to clarify that excess funds beyond the actual cost of purchase and installation of the marker would be refunded to the participant after the project is complete. FISCAL IMPACT: Approval of Resolution 2011-01 will require no additional cost to the City. COMMUNICATION EFFORTS: This Agenda Item has also been forwazded to the Mayor and City Commission; City Manager; City Attomey/Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the Ciry's Server. Further, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas/Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (S) different locations azound the City. RECOMMENDATION: City staff recommends the City Commission approve Resolution 2011-01, amending the City of Winter Springs Memorial Tree Planting Program; providing for repeal of prior inconsistent resolutions, severability, and an effective date. ATTACHMENTS: A) Resolution 2011-01 - Ameading t6e City of Winter Springs Memoriai Tree Planting Program. Attachment `A' Resolution 2011-01 Memorial Tree Planting Pro ram g Commission Item C-205 01/24/2011 RFSOLUTION NO. 2011-01 A RESOLUTION BY THE CTTY OF WINTER SPRINGS, FLORIDA, TO AMEND THE CITY OF WINTER SPRINGS MEMORIAL TREE PLANTING PROGRAM; PROVIDIIVG FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community benefiting both individuals and the general population by providing beaury, shade, and cleansing for the environment; and WHEREAS, the City of Winter Springs desires to improve the local urban forest by increasing the number of trees planted in public azeas through innovative programs and unique partnerships with residents, businesses, and non-profit organizations; and WHEREAS, the City of Winter Springs desires to provide opportunities for residents of Winter Springs to acknowledge or remember significant individuals of the City of Winter Springs by allowing memorial trees to be planted in specified public areas throughout the City; NOW, THEREFORE, BE TT RESOLVED by the City Commission of The Ciry of Winter Springs, Seminole County, Florida, as follows: Sectioa 1. The City Commission supports the creation of a Memorial Tree Planting Program that may include participation and suppoct from the Florida Division of Forestry, the National Arbor Day Foundation, the Beautification of Winter Springs Advisory Board, local businesses, non-profit organizations, and Winter Springs' residents. Section 2. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 3. City of Winter Springs Memorial Tree Planting Program; A. The City of Winter Springs appreciates the many benefits that trees provide for our community. Trees bring an important natural element into our man-made environment as they shade our streets, homes and parks, purify the air, and produce leaves, flowers, fruits and bark of interesting color and texture. Along with these obvious benefits, a tree's stature, strength, and endurance tend to provide it a cathedral-like qualiry; consequently, trees are often planted as living memorials. B. The Ciry Commission hereby finds that the acceptable trees listed hereunder have been purposefully selected in order for the Ciry to facilitate and sustain an appropriate tree canopy within the City of Winter Springs. C. The City believes in providing opportunities for residents of Winter Springs who wish to acknowledge or remember significant individuals by allowing trees to be planted in select pazks and public areas. To ensure the success of the City's Memorial Tree Planting Program, the following policies aze adopted by the Ciry of Winter Springs: 1. Under the direction of the Ciry Manager, the Ciry's Urban Beautification Services Division will administer the program with advice and recommendations provided, from time to time, by the Beautification of Winter Springs Advisory Boazd. 2. The program is intended to honor individuals (diseased or live human beings) who havc direct family or other relationship ties with an existing resident of Winter Springs. The Ciry reserves the right, at its discretion, to reject any request that is not consistent with the intent and provisions of this Resolution. The City reserves the right, at its discretion, to determine both the species of tree and location for planting for this program based on locarion needs/constraints, recognized arbor guidelines and practices, and any applicable provision of Chapter 5, Ciry Code. Input from the individual requesting the planting will be given consideration prior to the City finalizing the location and species of tree. 3. Trees of the following sizes and standards shall be planted: • 30 gallon containerized Florida Grade #1 Canopy Tree. • 15 to 30 gallon containerized Florida Grade #1 Unde�tory Tree or Shrub. 4. Trees of the following species shall be planted and must be compatible with soil conditions of the area being installed (no trees appearing on the E.P.P.C. Exotic Invasive Species Plant List can be used): • Live oak or Sand Live oak • Winged elm • Southem Red cedaz • Sycamore • Bald cypress • Red maple • Sweet gum • Dahoon holly • Red bay • Tupelo • Allee elm City of Winta Springs Resolution 2011-01 Page 2 of 4 5. Participants in the program are required to make a contribution e€ �E9A r new tree to [he Ci 's Arbor Fund as follows: ontrib 'on T ta ent W rran 300 'I'he Citv will perform all required maintenance for the tree, but will not re lant the tree if th tree should fail. � The Citv will perform all required maintenance for the oree and will commit to the replanting, in a reasonable amount of time, if the tree should fail within onc 1 ear of lantin . 00 The City will perform all required maintenance for the trec and will commit to the lantin in a reasonable amount of time, if the tree should fail within ten 10 ears of lantin . This money will be directed toward the cost of planting and maintaining each new tree. Existing trees already installed and growing may be adopted for a contribution of $200 per tree to the City's Arbor Fund. � �. �6. An "on-site" marker for identification of the tree can be installed for an additional contribution of $450 to the Ciry's Arbor Fund and placed within a city park at a tocation approved by the City. The total contribution amount shall be based on the actual cost of the marker and installation of th mazker. as determined bv the City In the event that the cost of the marker and installarion of the mazker is less than $450 the City shaU refund an,� excess funds to the �articipant after installation of the marker is complete Such identification will be limited to a 10"x4" bronze post mounted plaque. An example legend reads: "This tree planted in memory of my jather, John Q. Public, of Winter Springs, FL". However, once the marker is installed by the Ciry, the City shall not be responsible for any damage, loss, or replacement of the marker. 87. All trees installed under the Program shall comply with applicable City codes and ordinances, public utiliry guidelines, easement and covenant restrictions, and Ciry landscape maintenance guidelines. City of Wintu Springs Resolution 201 I-01 Page 3 of 4 Section 4. Administradve Authorizatioa. The Ciry Commission hereby authorizes the Ciry Manager to commence on October l, 2008, and implement thereafter, the City's first Memorial Tree Planting Program, which shall be administered by the Urban Beautification Services Division, with advice and recommendations, from time to time, by the Beautification of Winter Springs Advisory Boazd. Sect�on 5. Repeat of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdicrion, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the Ciry Commission of the City of Winter Springs. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this day of 2011. CITY OF WINTER SPRINGS, FLORIDA CHARLES LACEY, Mayor ATTF,ST: ANDREA LORENZO-LUACES, City Clerk Approved as to lega! form and sufficiency for The City of Winter Spriags only: ANfHONY A. GARGANESE, City Attorney City of Winter Spnngs Resolution 20l I-0I Pagc 4 of 4 RESOLUTION NO. 2011-01 A RESOLUTION BY THE CITy OF WIIVTER SPRINGS, FI,ORIDA, TO AMEND TAE CITY OF WINTEIt Sp1t1NGS MEMORIAL 1'REE PLANTIIIIG PROGRAM; PROVIDI1vG FpR REpEqL OF PRIOR IIVCONSISTENT RESpLUTIpNS, SEVERABILITY, AND AN EFFECTIVE DATE. W��S� �s are an important pact of our commuruty benefiting both individuals and the general population by providing beauty, shade, and cleansing for the environment; and WHEREAS, the Ciry of Winter Springs desires to improve the local urban forest by increasing the number of trees planted in public areas throu partnerships with residents, businesses, and non-profit organizari'on ��d e P��S �d unique WHEREAS, the City of Winter Springs desires to provide opportunities for residents of Winter Springs to acknowledge or remember significant individuals of the City of Winter Springs by allowing memorial t�es to be planted in specified public areas throughout the City; NOW, THEitEFpRE, gE ��OLVED by the City Commission of The Ciry of Winter Springs, Seminole County, Florida, as follows: Section 1. The City Commiss;on supports the creation of a Memorial Tree Planting Program that may include participation and support from the Florida Division of Forestry, the National A�or Day Foundation, the Beautification of Winter Springs Advisory Board, local businesses, non-profit organizations, and Winter Springs' residents. Section 2. Recitals. 'Ihe foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of tlus Resoludon. Secdon 3. City of Wintcr Springs Memortal Tree Planting Program: A• The City of Winter Springs apprecfates the many benefits that trees provide for our community. Trees bring an important nahual element into our man_made environment as they shade our streets, homes and parks, purifj, �e �� �d produce leaves, flowers, fiuits and bark of interesting color and texture. Aiong with these obvious benefits, a tree's stature, strength, and endurance tend to provide it a cathedral-like quality; consequently, trees are often planted as living memorials. B. The City Commission hereby finds that the acceptable tr�ees listed hereunder have been purposefully selected in order for the City to facilitate and sustain an appropriate tree canopy within the City of Winter Springs. C. The Ciry believes in providing oppurtunihes for residents of Winter Springs who wish to acla►owledge or remcmber significant individuals by allowing trees to be planted in select parks and public areas. To ensure the success of the City's Meraorial Tree Planting Program, the following poucies are adopted by the City of Winter Springs: 1. Under the direction of the Ciry Manager, the Ciry's Urban Seautification Services Division wiU administer the pmgram with advice and recommendations provided, from time to time, by the Beautificadon of Winter Springs Advisory Board. 2• T'he program is intended to honor individuals (diseased or live human beings) who have dinect family or other relationship des with an existing resident of Winter Springs. The City reserves the right, at its discretion, to reject any request thac is not consistent with the intent and provisions of this Resolution. The City reserves the right, at its discretion, to determine both the species of tree and location for planting for this program based on location needs/constraints, recognized arbor guidelines and practices, and any applicable provision of Chapter 5, City Code. Input from the individual requesting the planting will be given consideradon prior to the City finalizing the location and species of tre�. 3. Trees of the following sizes and standards shall be planted; • 30 gallon containerized Florida Grade #1 Canopy Tree. • 15 to 30 gallon containerized Florida Grade #1 Understory Tree or Shrub. 4. Trees of the following species shall be planted and must be compatible with soil conditions of the area being installed (no trees appearing on the E.P.P.C. Exotic Invasive Species Ptant List can be used): • Live oak or Sand Live oak • Winged elm • Southern Red cedar • Sycamore • Bald cypress • Red maple • Sweet gum • Dahoon holly • Red bay • Tupelo • Allee elm City of Winter Springs Re�oludon 2011-01 Page 2 of 4 S ' p ��P�� ��e Pro�� ace roquired to malce a contribution e€ �6AA r new tree to the Ci s Arbor Fund as follows: Contrib tion T R Ia W � �e Citv wi 1 oerform all required �a n nance for the iree but will not � h f � �ri' Wi � �� all rea uired �tenance for the and will co mir t4 the renlantin� in a reasonable amount of ame, if the oree should fail within one � �e Citv will cerform all reguired II��tenance for th� tree and v� co mir �o the [CDI nNng ;n a i �onable �unt s ou 'I wi ;n tg� 1 of lantin . This money will be directed toward the cost of planting and maintaining each new tree, Existing trees already installed and growing may be adopted for a contriburion of $200 per tree to the City's Arbor Fund. � , �6. An "on-site" marker for idendfication of the tree can be instailed for an additional contribution of $450 to the City's Arbor Fund and placed within a ciry park at a location approvcd by the City. The total contribution a�ount shall be based on the actua( cost of the rnarker and installaqon of the er as te b e e v t at the os o m and installation of the marker is less than $450 the City shall refund anv excess A [p [�1C D �ftrr jnS�I 'on of the m r is complete �ucd idendficahon wili be hmmited to a 10"x4" bronze post mounted plaque. An example legend reads: "This tree planted in neemory of my father, John Q. Public, of Winter Springs, FL", However, once the marker is installed by the Ciry, the City shaU not be responsible for any damage, loss, or replacement of the marker. S7• All trees installed under the Pro City codes and ordinances� public utility gu�ideL'nes, easeme t and covenant restrictions, and City landscape maintenance guidelines. City of Winter Springs Resolution 201I-01 Page 3 of 4 Section 4. Administrative Authorizatlon. The City Commission hereby authorizes the City Manager to commence oa October 1, 2ppg, and irnplement thereafter, the City's first Memorial Tree Plantiing pi+ogram, which shall be administered by the Urban Beautification Services Division, with advice and recommendadons, from time to rime, by the Beautification of Winter Springs Advisory Board. Secbion 5. Repeal of Prior Inconsistent Resolutlons. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsecrion, sentence, clause, phrase, word, or portion of this resolurion is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, disdnct and independent provision and such holding shall not affect the validiry of the remaining portion hereto. Section 7. Efrective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. �ONE AND �IDOPTED in regular session of the Ciry Commission of the City of Winter Springs, Florida, this 24th day of January 2011. CITY OF TER SP GS, FLORIDA C ES LACE , or ATTEST: ANDREA RENZO-LUACFS, City Clerk Approved a4 to Iegal form and suiflcienry for The Ci o Winter Sprinp oNy: ANTHONY A. GARGANESE, Ctty Attorney City of Wintet S�inga Resoludon 20l I-01 Page 4 of 4