04/26/2000 Env Bd Packet - Laserfiche WebLink

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LAW OFFICES OF William G. Hawkins and Associates Legal Assistant WILLIAM G. HAWKINS TAMMI J. UVEGES BARRY A. SULLIVAN April 11, 2000 Mr. Jeff Smyser Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Tree Preservation Ordinance Dear Jeff: 2140 FOURTH AVENUE NORTH ANOKA, MINNESOTA 55303 PHONE (612) 427 -8877 FAx (612) 421 -4213 I am responding to your letter regarding, the proposed tree preservation ordinance question. You raised three questions that you wanted me to address. 1. I have a question regarding the legal authority of the City to require cash for replacement of lost trees. All legal authority the City receives in dealing with the subdivision of properties is granted by State law. In Minn. Stat. § 462.358, the City is given the authority to require cash in lieu of land for park dedication. I am unable to find any provision in this statute that allows us to collect money for trees that may be lost. I will continue to review possible sources for legal authority, however, at this time I believe it is questionable. 2. The issue of extensive tree removal is a difficult one. At what point does the City regulation regarding a property owner's use of their land become so intrusive that it constitutes a "taking." Also, in order to enforce such a provision it will be necessary to come up with an elaborate set of regulations as to what constitutes extensive tree removal. I think that while in theory the idea sounds good, its practical application would be very difficult both legally and politically. My comments would also apply to #3. Finally, the tone of your letter indicates your reluctance for the City to become involved in this type of regulation as it relates to real property. As you can see, I agree and would proceed very cautiously in this type of a regulation. erely, illiam G. Hawkins WGH /tju APR 1 3 2000 I CITY OF U OL !