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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />4.5 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Consent Agenda <br />June 5, 2023 <br />Suzanne Fischer, Environmental/Special Project <br />Director <br />Item Description <br />Reviewed by <br />Variance to Clear Oak Trees for Renewable Natural <br />Jared Shepherd, City Attorney <br />Gas Facility <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />Approve, by motion, a variance to clear oak trees at the proposed building site prior to July 15, 2023. <br />Background/Discussion <br />Waste Management has requested a variance to remove oak trees on the building site of the proposed gas to <br />renewable energy site. Their license with the city currently includes this section: <br />(26) Oak LVilt Protection. Asa method to prevent oak wilt, Licensee shall not conduct any tree removal operations at the Landfill <br />Properly between April 95 and July 95 each year: In addition, oak stumps shall be removed prior to April 15 each year: he <br />removing trees and stumps, Licensee shall prevent damage to remaining trees. <br />Waste Management's planned construction includes the grubbing and removal of stumps immediately after the <br />trees are removed. Additionally, there is significant depth of cut in the majority of the work area, so roots will also <br />be removed. The grove of trees is not connected to any larger wooded areas, or wooded areas that leave their <br />property. The work follows Minnesota DNR Guidelines. <br />Because they are operating consistent with the DNR guidelines, it is reasonable to waive this compliance with the <br />oak wilt provision under Section 18 of the License. The license does require this action to be excused or waived by <br />the City Council. <br />Financial Impact <br />N/A <br />Mission/Policy/Goal <br />Work with citizens to achieve their goals. <br />Attachments <br />Page 5 of MN DNR Oak Wilt Guide <br />Aerial view of impacted oak trees <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperzl_ y. <br />M <br />TUREJ <br />Updated.- Jamwg 2023 <br />