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Home My WebLink About04/02/1990 Park Board Packet CITY OF LINO LAKES PARK BOARD April 2 , 1990 7 : 00 p. m. AGENDA 1 . Roll Call and Call To Order 2 . Consideration of Minutes 3 . Consideration of Park Dedication Miner Subdivision , Marlin Hansen . 4 . Review of Proposed Park Dedication for Acorn -"Monta:in Property. 5 . Consideration of: A. Arbor Day Proclamat i on,"Marty A,..1 eson B . Earth Day Proclamation/Marty Asleson 6. Review of: A . Tree Removal Agreement/Marty Asleson B. Shade Tree Ordinance/Marty Asleson 7 . Consideration of Park Buildings , Building Standards/Marty Asleson 8. Review of Ice Arena Layout - Sunrise Part;/Don yolk A. Consideration of a Resolution Supporting the Centennial Ice Arena 9. Old Business A. Review of Bill Hawkins Letter Regarding Trails . 10 . New Business 11. Adjournment PARK BOARD MINUTES March 5, 1990 o-\ Vice-Chairman Bob Williams called the regular meeting of the Lino Lakes Park Board to order at 7 : 02 p.m. on March 5 , 1990 at the Lino Lakes City Hall. Members present were: Bob Williams, Candy Toffoli , John Bauman, Ken Johnson and Bill Nissen. Also present were: Mayor, Harold Bisel ; Council Member, Andy Neal; Public Works Director, Don Volk; Parks Superintendent, Marty Asleson; and Planning Secretary, Laura Elken. Members absent: George Lindy and Ray Johnson. CONSIDERATION OF MINUTES Bill Nissen moved to approve the February 5th Park Board Minutes. John Bauman seconded the motion and the motion was approved. DISCUSSION OF INDOOR ICE ARENA/VERBAL/BEN BENSON Ben Benson addressed the board. He stated that an ice arena is planned for the area. A committee is formed and they have begun looking ,at different sites for the ice arena. Ben Benson stated that he feels there is a great need for a facility of this kind in the city. This should be a multi- purpose facility, incorporating summer, spring, and fall sports. Mr. Benson met with Don Volk regarding sites that may be available within the city for the arena. The committee looked at several locations for the arena, in Lino Lakes, Blaine, and Circle Pines. They have it boiled down to the Centennial School District property or the City of Lino Lakes . Mr. Benson felt the committee is leaning towards the school district. The main reason for this is the possibility that the school may be able to obtain a bond. The school needs an auditorium and they may be able to construct the ice arena and auditorium in the same building to minimize costs. The committee now has begun fund raising, and is receiving a lot of interest and support locally. Ben Benson met with the County Commissioner and the county informed the board that state funds could be possible for this project . The committee hopes to have the arena constructed for use by 1991. Ben Benson stated that the site has to have sewer and water availability. The board discussed the possibility of supplying land within Sunrise Park for the ice arena. Don Volk stated that a softball field would be eliminated if the ice arena was installed. The ice arena alone would be approximately 2 Page 1 PARK BOARD MINUTES March 5, 1990 acres, needing a total of 3-4 acres to allow for parking. Ben Benson stated that if the city donated anything towards the ice arena that it is possible the city could receive some money back, depending on the funding the committee receives. Bob Williams asked when the committee needs an answer from the park board. Ben Benson said that they want state funding and that this issue will be brought before the State Legislature that meets in May. Bob Williams stated that he would like to see this in Lino Lakes. Don Volk stated that the 2nd Avenue Project is a go. This will become a state aid street from Lake Drive to Elm Street . It is also a possibility to run Glenview Drive to 2nd Avenue. This would give better access to Sunrise Park. Don Volk feels that Sunrise Park would be a good location, although a ballfield will be taken out and have to be replaced elsewhere. Ken Johnson suggested giving up some outdoor rinks for the indoor ice arena. Don Volk stated that outdoor rinks would still be necessary. The key factor in making the indoor arena work is that it is paid ice time for associations. Ken Johnson also asked about what would happen if this business went bankrupt . Don Volk stated that this will be run just like a business. There will be a contract agreement with that issue written out. Ben Benson stated that running the ice arena would be the Centennial Ice Arena Committee' s responsibility. Even if this was on school grounds the school would not be responsible for running the arena. Bill Nissen asked about the size of the arena. Ben Benson stated that it would seat about 1500 people with storage space under the bleachers. There will also be a concession stand. This arena would be similar to the one in Blaine. Mr. Benson informed the board that the next meeting of the ice arena committee is March 22nd. if anyone would like to attend. This will be on the April agenda to be discussed at the park board. Items to be discussed are: Land requirements Building designs Page 2 PARK BOARD MINUTES March 5, 1990 How would this arena fit into Sunrise Park The City Attorney will be contacted for any legal stipulations. John Bauman suggested the possibility of instilling a 99 year lease. Don Volk stated that the main focus of the committee for now is getting land to construct the facility and getting funding for the project . Those are the two key issues for now. REVIEW OF PARK DEDICATION PROPOSAL FOR PINE RIDGE, RICK CARLSON Rick Carlson is proposing construction of single-family homes in two phases . Phase 1 consists of 60 lots . Phase 2 is a 50 acre parcel . A park proposal was submitted to the board. Carlson proposed a park consisting of 7. 86 acres including a pond. Total land area is 5 acres. A trail looping around the park would also be included. The park board discussed this proposal and decided that it has been the policy of the park board not to accept water as part of the developer' s park dedication. Don Volk presented the board with options. They are as follows: 1 . Accept dedication as presented by developer. 2. Move pond, in existing park area, as far west and north as possible. The remaining block of land would be approximately 5 acres, and would be graded to a minimum of 3' above the 100 year flood elevation. Remaining dedication in cash. A. Also accept four lot minimum, from the Acorn property, abutting the Pine Ridge park land. Remaining dedication in cash. 3 . Accept cash for entire Pine Ridge Subd. Approximately $75 , 600. 00 A. Also accept cash for entire Acorn property. Approximately $57, 600. 00 B. Purchase approximately 20 acre parcel existing south of Acorn property. This would adequately serve the park needs of both subdivisions. The board discussed the 20 acre parcel to the south of Rick Carlson. Don Volk stated that only half of the parcel is buildable, but the parcel would be convenient for Pine Ridge Page 3 PARK BOARD MINUTES March 5, 1990 residents and the Montain Property. The property owner of the 20 acre parcel has not been approached. Don Volk stated that he would like to have access to four lots in the south-west section of the Montain property adjacent to Rick Carlson' s plat. The Montain parcel has not been before the board at this time. Ken Johnson asked if this plat has been discussed with the Army Corp or the DNR. Don Volk explained to the board that it has not been reviewed by the two agencies, and also explained that the Montain/Acorn property has an easement for a State Aid Road, a Collector Street going through the parcel . Rick Carlson said that he did approach the owners of the land south of his parcel . The owners were not interested in selling. It is used as farm land at the present time. Candy Toffoli asked how many acres is Pine Ridge. Rick Carlson explained that Pine Ridge is 87 acres, and out of 7. 86 acres of park 3. 3 acres is pond. Ken Johnson, Bill Nissen, and John Bauman stressed that they preferred option #2. Don Volk stated that he did visit with Ray Johnson regarding this plat . Ray also stressed that he does not want the pond included as part of the park dedication. The park board discussed the fact that they would like Rick Carlson to bring the park up to grade before development of phase 2 is started. Rick Carlson explained that he is developing the first phase now because utilities are available at this parcel . Phase 2 does not have utilities available at this time and the proposed park land is within phase 2. He also explained that it would be very costly to develop that park land when he is not certain that it will even be developed at this point . He went on to say that if utilities are installed within the next couple of years he will be the one developing the land, if not, he may sell. Rick Carlson proposed collecting 400/lot for phase 1, which consists of 60 lots, which is $24, 000 . 00. Mr. Carlson also proposed the following: Phase 2 consists of 50 acres. The proposed park is 5 acres which meets the 10% park dedication requirement. When phase 2 is developed the park dedication will be the 5 acre park. This will happen whether Rick Carlson is the developer or someone else. MOTION: Ken Johnson moved to recommend to the city council consideration of the following options for park dedication at Pine Ridge development: Page 4 PARK BOARD MINUTES March 5, 1990 ✓"' OPTION *I: Complete grading to a minimum of 3' above the 100 year flood elevation on the proposed five acre park in the southeast section of phase 2 of Pine Ridge. This will be completed during grading of phase 1 ' s development . Once construction begins in phase 2 the remaining park dedication equal to approximately 60 lots will be collected at $400. 00/lot will be collected. This is to assure the park board that a park will be installed in this area. Trails will also be brought to grade and graveled per the plan. OPTION *2: Accept a cash dedication of $400. 00 per lot for phase 1, of Pine Ridge Preliminary Plat which consists of approximately 60 lots , and the Developer will also install the trail as specified in the plan, bring it up to grade, and surface it with gravel. The bituminous surface will be the city' s responsibility. Phase 2 consists of 50 acres. Park Dedication will be met in phase 2 by claiming a 5 acre parcel to be brought to grade for a park. This 5 acre parcel surrounds a pond consisting of 3. 3 acres . Trails noted on the preliminary plat will also be brought to grade and graveled. Grading of the park will be accomplished when grading of phase 2 begins . Option *2 to be accepted only if option *1 is in some way not legally feasible to do. John Bauman seconded the motion and the motion was approved unanimously. DISCUSSION OF TEEN CENTER, UNITED COMMUNITY NETWORK, INC. Jenean Erickson and Sally Nelson, Vice President approached the board. They stated the group is now looking for a place to build a teen center. There is considerable amount of support for this project, and many people have offered to donate money to support it . The group applied for a grant from the state to help support the teen center. This grant may be as much as $35, 000. The City of Circle Pines stated that they may donate some land, but they are waiting to hear if the grant was approved. Sally Nelson estimated that 800 students from Centennial School District are Lino Lakes residents . The total number of kids is 1800. The group would like to have a site within walking distance from the school. Don Volk suggested to the park board dedicating a parcel of land on Sunset Road. It is an outlot that the city owns. At one time this outlot was used as a drainage area, and is one Page 5 PARK BOARD MINUTES March 5, 1990 acre in size. The board discussed the reaction a teen center may have to the residents living nearby. Jenean stated that residents adjacent to a possible Circle Pines site. The residents were pretty receptive with only three concerns. The board discussed using CDBG (Community Development Block Grant) funds for donating money. MOTION: Bill Nissen moved to recommend to the City Council to consider using CDBG funds to donate to the United Community Network, Inc. group to go towards the development of a Teen Center. Candy Toffoli seconded the motion and the motion was approved unanimously. The parcel of land that Don Volk spoke about is south of the freeway, east of Sunset in the 3rd Block, between Gladstone and Fairmont . CONSIDERATION OF A MINOR SUBDIVISION FOR WAYNE AND CHERYL NELSON. This is a one acre parcel within the original Ulmer' s n Subdivision. The board will see many subdivision of this type in the future. The applicant is asking for the creation of three sewer-sized lots. MOTION: John Bauman moved to recommend to the city council acceptance of park dedication for Wayne and Cheryl Nelson consisting of three lots at $400. 00/lot. Candy Toffoli seconded the motion and the motion was approved unanimously. PARK DEDICATION FOR OAK BROOK A CONCEPT PLAT , BOB ADAMSON. Don Volk stated that this concept plan has numerous problems that need to be ironed out. There are five - 2 1/2 parcels planned for this site. It is located in a very remote little knoll, only accessible from one roadway. It is also southwest of the current park land in Otter Bay. Bill Nissen suggested claiming easements for trails into this area. After further discussion a motion was made. MOTION: Bill Nissen moved to recommend to city council to accept a cash dedication for five - 2 1/2 acre lots located Page 6 PARK BOARD MINUTES March 5, 1990 �- in Bob Adamsons Oak Brook Concept Plan. John Bauman seconded the motion and the motion was approved unanimously. REVIEW OF THE PROPOSED SHADE TREE ORDINANCE, MARTY ASLESON The park board received a proposed shade tree ordinance to regulate the planting of trees and other woody vegetation on public property within the City of Lino Lakes , establish a tree board and tree structure on new development for reforestation and protection. This ordinance also addresses regulating the planting, maintenance, and removal of trees and shrubs in the public streets, and other municipal owned property. Marty hopes to meet with other communities and share ideas regarding a tree ordinance. The board felt this was a needed ordinance, and felt the text was thorough and complete. Marty Asleson stated that he would like to see this approved and become effective before the construction season of 1990 . This ordinance protects the developer and also the homeowners . In the past residents have purchased lots not r1 realizing they have construction damage to the trees. Bill Nissen asked about regulating the types of trees that should be planted. Marty said that will be noted in a Master Shade Tree Plan that this tree ordinance will refer to. MOTION: John Bauman moved to recommend to the city council the passing of the proposed Shade Tree Ordinance. The board asks that council make any modifications that they feel are necessary. Candy Toffoli seconded the motion and the motion was approved unanimously. Don Volk stated that staff will review this item one more time. This will be sent to Bill Hawkins, the City Attorney for review and then will go to council for approval. DISCUSSION OF BILL HAWKINS LETTER ADDRESSING PARK DEDICATION FOR INDUSTRIAL AND COMMERCIAL USES. The board received a letter from Bill Hawkins with his viewpoint in collecting park dedication from commercial and industrial developers . The board felt that they will continue to collect park dedication as they have in the past . OLD BUSINESS Page 7 PARK BOARD MINUTES March 5, 1990 Ken Johnson stated that the North Metro Recreational Committee met a week and a half ago. Most of the time was spent talking with Centerville representatives, explaining the intentions of the board. Marty Asleson felt that by the 15th of March Centerville City Council will generate their list of questions regarding joint powers agreement for the recreational committee. Ken Johnson stated that the committee wishes to change the name of the Greater Centennial Area Recreational Committee. They have been calling themselves the North Metro Recreational Committee, but if any one has suggestions, let Ken know. Bill Nissen asked the board for any suggestions for the next Chain of Lakes Regional Park Committee meeting. They meet the last Thursday in March. NEW BUSINESS The park board received a letter from Anne L. Johnson regarding Shenandoah Park. The letter explains that she is happy to have the park, but felt it could use some extra tender loving care. r Don Volk said that it is really nice to receive a letter of this nature. Planting trees in this park was discussed. Also they talked about installing a picnic table or park bench at the park. Don Volk said that he will write a letter to this resident explaining that the City of Lino Lakes is in the middle of a great growth period. Once the major construction of these new developments have occurred, the city will concentrate more on the parks. Bill Nissen asked how much it would cost to put a picnic table in the park and secure it . Don said just under $100. 00. Bill Nissen suggested also putting a trash bin in Shenandoah Park. Marty stated that Arbor day is just around the corner. He suggested focusing on an individual park each year for Arbor Day. This year, as well as last, the city will try to tie city clean up day with Arbor Day. And Marty suggested working with Circle Pines to celebrate Arbor Day together. Arbor Day information will be in the next city newsletter. Meeting adjourned 9: 13 p.m. Page 8 MEMORANDUM TO: Lino Lakes Park Board FROM: Laura Elken, Planning Secretary DATE: April 2, 1990 SUBJECT: Minor Subdivision for Ross & Annette Reed Attached you will find an additional park board agenda item for your review. This is another one of those lots in Ulmer' s Rice Lake Addition that the applicant wishes to subdivide his lots into smaller sewer-sized lots. In this case the applicant would like to create two parcels in the rear of his lot . He will later subdivide the larger parcel once sewer becomes available from Rice Lake Drive. The applicant has been made aware that an $800. 00 park dedication fee will be due at the time of final approval . CERTIFICATE OF SURVEY For: Ross Reed 7133 Rice Lake Drive Lino Lakes, Mn. 55014 16 ---- -- 300.0 -- --- ` % I /SO.O 150.D W W -'') Z I PARCEL B W Z ; f �� 1 Proposed Division Line,-� Q N.-O f ' o PARCEL A PARCEL C o2oe �♦ h y h V. 1 1 � t.S,GO.If UJI cc y 0 v 24 K ��nt " �•C --3D0. PARCEL A Lot 7, Block 3, ULMER'S RICE LAKE-ADDITION, Anoka County, Minnesota, except the west 150.00 feet thereof. PARCEL B The north 75.00 feet of the west 150.00 feet of Lot 7, Block 3, ULMER'S RICE LAKE ADDITION, Anoka County, Minnesota, PARCEL C That part of the west 150.00 feet of Lot 7, Block 3, ULMER'S RICE LAKE ADDITION, Anoka County, Minnesota, lying south of the north 75.00 feet thereof. L-E:i Inch= 0 Feet O Denotes Iron Bearings shown are on an assumed datum. Job No. a9 Book Page_.. We hereby certify that this is a true and correct representation of a survey of the E.G. RUD & SONS, INC. boundaries of the above described land and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. LAND SURVEYORS Q TN E.G. RUD & SONS , INC. 95W Lexington Avenue N. Doted this / day of�"��'�� 19.L� by � Circle Pines, Minnesota 55014 Minn. Rea. Mo. Telephone:786,5556 �,Gacaara� H,a � OIL" NURVEY For: Marlin Hansen 2060 Otter Lake Drive AGENDA �� White Bear Lake, Mn. 55110 EN Tel: 429-1967 NB9'14 24'W f� ~ Nor/h /,,c o/Sk/%9 oI"SW%4 o 1V69%>Z4'W• fec. 3c, 7"311 R.ZZ fhc Norffi zso.oa A line oP AdAl f 13, OTTER LAKE ESr � o" \\1G o � I c ku c e �• •' ry\ ` \b e s w = M U R,60 2 E OTTER 4 LAKE ._... -SLo.A�- '.._•C.. .../25.00_. ....,�fl9if't4'E __t t.�o i 1 ..- •6g/t�•._..._ Cc..... ......... _SB9•/f Ys B $pRIVE _ �SB9h4't6E The norf,; /."ne o17 f/,c South 30� W Peel o P NorA 1031.84:(/.a tjovY Lot 7 s C m That part of the north 1001.86 feet of Outlot B. OTTER LAKE ESTATES, Anoka County, Minnesota lying west of the east 170 feet thereof; lying south of the north 632 feet thereof oWlying east of the centerline of the most easterly existing channel which crosses said Outlot 8 in a North-South direction. That part of Outlot B, OTTER LAKE ESTATES, Anoka County, Minnesota described as follows: Beginning at a point on the north line of the south 30 feet of the north 1031.86 feet of Government Lot 7, Section 36, Township 31, Range 22 distant 560 feet East of the west line of said Government Lot 7 as measured parallel with the north line thereof; thence East on a line parallel with the north line of Government Lot 7 a distance of 324 feet, more or less, to the southwesterly line of an existing channel; thence Northwesterly and Southwesterly along the southwesterly and southeasterly line of said channel to a point on a line drawn North from the point of beginning and at right angles to the north line of said south 30 feet of the north 1031.86 feet; thence South to the point of beginning, except that part platted as Otter Lake Drive on the record plat of OTTER LAKE ESTATES. Except that part lying south of Line "A" which is described as being 30 feet to the left of the following described line: I Beginning at a point on the south line of the north 1001.86 feet of said Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota distant 685 feet East from the west line of said Lot 7, said south line having an assumed bearing of South 89 degrees 14 minutes 24 seconds East; thence North 0 degrees 45 minutes 36 seconds East 20.00 feet; thence South 89 degrees 14 minutes 24 seconds East 71.00 feet; thence easterly 93.50 feet along a tangential curve, concave to the southwest, having a radius of 106.58 feet and a central angle of 50 degrees 16 minutes 00 seconds; thence South 38 degrees 58 minutes 24 seconds East along tangent 109.17 feet and there terminating. Also that part of the South 30 feet of the north 1001.86 feet of said Outlot B lying westerly of the centerline of said easterly channel and lying easterly of the aforedescribed line "A.- scale. 1'=1,pq 4y,meborCunfdZr m o'i cc�supc vls}%ohrond fha%!vm"a duly F.7 PR�Yoa�NS INC. Book — RcJ6lslered Land Surveyor uncle. The laws of the Role or PO Mrnnesola. Daleel this /Zryday ojMo�c 19�, 9560 Lexlnoton Ave. Al. Job No,9o1aB 4� Circle Ante; Mn: 5.5014 �^� - /L?� Re isfralion No. 960,4 Tel. 7B6-55516 r AGENDA ITEM CITY OF LINO LAKES RESOLUTION NO. 08 - 90 RESOLUTION ESTABLISHING ARBOR DAY WHEREAS , In 1872 J . Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees , and WHEREAS , this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS , Arbor Day is now observed throughout the nation and the world, and WHEREAS , trees can reduce the erosion of our precious topsoil by wind and water , cut heating and cooling costs , moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife , and WHEREAS , trees are a renewable resource giving us paper, wood for our homes , fuel for our fires and countless other wood products , and WHEREAS , trees in our city increase property values , enhance the economic vitality of business areas , and beautify our community, and WHEREAS , trees , wherever they are planted, area source of joy and spiritual renewal , and WHEREAS , Lino Lakes has been recognized as a Tree City USA by The National Arbor Day Foundation and desired to continue its tree-planting ways, 1 NOW, THEREFORE , I , Harold L. Bisel , Mayor of the City of Lino Lakes , do hereby proclaim April 21 , 1990 as ARBOR DAY in the City of Lino Lakes , and I urge all citizens to support efforts to protect our trees and woodlands and to support out city' s urban forestry program, and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations . DATED THIS day of ---------- - -------------------------- ' ------ --------------------------------------------------- MAYOR CITY OF LINO LAKES RESOLUTION NO . 09 - 90 RESOLUTION ESTABLISHING EARTH DAY 1990 WHEREAS , Lino Lakes prides itself on its quality of life for area residents and businesses and is interested in working to improve and maintain the beauty of the area; arid, WHEREAS , residents should be encouraged to recognize the environmental impact on our community of their daily lives by becoming environmentally responsible consumers , conserving energy, increasing recycling efforts , and. promoting environmental responsibility in our communities ; and, WHEREAS , Earth Day 1990 is a bi-partisan twentieth anniversary global celebration of the original Earth Day in 1970 and is designed to raise environmental consciousness and encourage people at the local level to take an active part ; and, WHEREAS , Earth Day on April 21 will launch the "Decade of the Environment" which is a long-term commitment to building a safe, just and sustainable planet and includes a broad cross-section of society in creating support for environmentally sound actions ; and , WHEREAS , The President and Congress of the United States and many other members of the private and public sectors are supporting the concepts of Earth Day and the hundreds of community projects that will take place around that date; and, WHEREAS , a local group of community leaders have formed a task force called Earthkeepers , with Anoka County Commissioner Margaret Langfeld as honorary chair, to organize a clean up and beautification project along roads in the area including Lake drive in Lino Lakes plus Lexington Avenue, 95th Avenue Northeast and Hodgson Road; and, WHEREAS , Earthkeepers will conduct the clean up in conjunction with Earth Day and Arbor Day activities ; and, WHEREAS , Earthkeepers needs support and volunteers to successfully complete the project : NOW, THEREFORE, BE IT RESOLVED the City of Lino Lakes recognizes and supports the Earthkeepers clean up project and "IN encourages residents to volunteer in order to make the project. successful . NOW, THEREFORE , I , Harold L. Bisel , Mayor of the City of Lino Lakes , fo hereby proclaim April 21 , 1990 as EARTH DAY in the City of Lino Lakes , and I urge all citizens to support our Earth Day efforts . DATED THIS day of _-__ _ ------------------------------------------------------------- MAYOR r"� d '*1ENDA 1TEM A TREE REMOVAL AGREEMENT THIS AGREEMENT as of the -------------- day of ------------- by and between the City of Lino Lakes, a (municipal corporation) located in the County of Anoka, Minnesota, hereinafter referred to as "City" , and -------------------- e hereinafter Referred to as "the Contractor" . WITNESSETH: In consideration of the covenants and agreements set forth herein, it is mutually agreed by and between the parties hereto as follows : 1 . Term of Agreement. This Agreement shall be in full force and effect from until ---------------------------- This Agreement may be terminated for cause by either party. 2. Services. a. General . In order to achieve control of diseased shade trees within the territorial limits of the City, the Contractor shall perform any and all services necessary to assist the City in complying with State laws and regulations, and City ordinances regarding the removal of diseased shade trees, including but not limited to the services described in Section 2 of this Agreement. b. Removal of Diseased Trees. Upon request and notice from the City, the Contractor shall remove diseased trees and debark their stumps to below ground or remove stumps to a depth of six (6) inches below ground level, and shall furnish and backfill the excavations with sufficient sandy loam soil to return the grade to the level of the undisturbed adjacent ground level, and said tree removal and debarking or stump removal shall be completed no later than twenty (20) days after receipt of the request or notification from the City. ( 1) The City Tree Inspector will paint a tree number on all diseased trees and notify the Contractor as to which ones the Contractor shall remove. (2) Upon removal of said trees, the Contractor shall paint the number painted on the removed tree on its debarked stump. C. Dumping and Burning of Removed Trees. The Contractor shall transport all trees which it has removed to a location approved by the City and destroyed in a manner so as to prevent further spread of shade tree disease. (3) Compensation. a. General . The Contractor shall be compensated for the removal of all trees at the rates listed below: --Tree Removal and Stump Debarked $....../diameter inch - 0" - 12" $....../diameter inch - 12. 1" - 24" $....../diameter inch - 24. 1" - over --Tree and Stump Removed $....../diameter inch - 0" - 12" $....../diameter inch - 12/1" - 24" $....../diameter inch - 24. 1" - over --Above categories w/o Brush Hauling less --Above categories w/o Wood and Brush Hauling - less ______� --Woodpile Removal-$------/cubic yard + ......% if no access -Percentage, Difficulty - --Percentage, Difficulty - Overhead Wires - ------% --Percentage, Difficulty - Tight Working Area - ------% These rates are per diameter inch measured 4 .1/2 feet above ground level. Said diameter shalt be measured by the City Tree Inspector. b. Time for Compensation. At the end of every month, the Contractor shall submit to the City a statement for all the work performed pursuant to this Agreement during said month, listing the tree number and the diameter of the trees removed, together with its charges for said work. Upon approval of the statement from the Contractor by the City Tree Inspector, payment shall be made by the City to the Contractor. C. The City, before making any payment, may require the Contractor to furnish releases or receipts from any or all persons performing work and supplying material or services to the Contractor, or any subcontractor if this is deemed necessary to protect its interest. The City, however, may make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts. Any payments so made shall in no way impair the obligations of any surety or sureties on any bond or bonds furnished under this Agreement. d. Any payment to the Contractor by the City shall not act as a waiver of the right of the City to require the fulfillment of all of the terms of this Agreement. 4. Termination, Delays and Liquidated Damages . a. Termination of Agreement. If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in this Agreement, the City, by written notice to the Contractor, may terminate the Contractor' s right to proceed with the work. Upon such termination, the City may take over the work and prosecute the same to completion, by contract or otherwise, and the Contractor and its sureties shall be liable to the City for damages for any delay in the completion of the work as provided herein. If the Contractor' s right to proceed is terminated, the City may take possession of and utilize in completing the work such materials , tools and equipment as may be on the site of the work and necessary therefore. 5 . Permits and Codes . a. The Contractor shall give all notices required by and comply with all applicable laws, ordinances, rules , regulations and codes of the City and the State of Minnesota. b . The Contractor shall comply with the applicable laws, ordinances, rules, regulations governing the disposal of materials, debris, rubbish and trash on or off the area, and shall commit no unauthorized trespass on any public or private property in any operation due to or in connection with the services to be provided under this Agreement. C. The Contractor, at his own expense, shall comply with all requirements of public service corporations with respect to public utilities. 6. Use of Premises. a. The Contractor shall confine his equipment storage of materials and operations to the limits prescribed by ordinance or permits , or as may be directed by the City. b . The Contractor shall comply with all reasonable instructions of the City and the ordinances and codes of the City regarding signs, advertising, traffic, fires , danger signals, barricades and fire prevention and all safety laws, ordinances and rulings . 7, Responsibilities of Contractor. The Contractor shall provide and pay for all materials, labor, tools , equipment , water, light , heat, power, transportation, superintendence, temporary construction of every nature, levies , or fees or other expenses incurred; and all other services and facilities of every nature whatsoever necessary for their performance of this Agreement. 8. Liens . The Contractor will protect the City and real estate owned by it against any liens of any nature whatsoever, whether of mechanics or material-men or otherwise, and in the event any statement for a lien should be filed against said premises or any portion thereof, and shall not be discharged of record within thirty (30) days after notice by the City to the Contractor of said lien, the City may, but shall not be required to, pay whatever amount shall be deemed by it necessary to secure a discharge of said lien of record, and upon demand by the City on the Contractor, the Contractor shall reimburse the City for all its expenses , including reasonable attorney' s fees , incident to securing the discharge of record of said lien, together with interest at the rate of 6% per annum for the time any advance or payment shall have been made by the City for said purpose. 9. Subcontracts. a. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Agreement until he has received written approval for such subcontractor from the City. b. No proposed subcontractor shall be disapproved by the City except for cause to be determined by the City Tree Inspector. C. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors , and of persons either directly or indirectly employed by him as he is for the acts and omissions of persons directly employed by him, or his own acts or omissions. d. The Contractor shall cause appropriate provisions to be inserted in all agreements with subcontractors , relative to the work described herein, to require compliance by each subcontractor with the applicable provisions of this Agreement. e. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the City. 10. Other Contracts. The City may award, or may have awarded, other contracts for additional work, and the Contractor shall cooperate fully with such other contractors by scheduling his own work with that to be performed under other agreements as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor as scheduled. 11 . Accident Prevention. a. The Contractor shall exercise proper precaution at all times for the protection of persons and property, either on or off the site, which occur as a result of his fault or negligence in connection with the prosecution of the work. The safety provisions of applicable ordinances and laws and building and construction codes and all ordinances and rulings thereon concerning work under this Agreement shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonable necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of all local, county, state and federal laws and regulations. b. The Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under this Agreement. The Contractor shall promptly furnish the City with reports concerning these matters. 12. Safety, Cleanup and Special Provisions . a. General. The operations of the Contractor shall be done in such a manner as to create a minimum disturbance to the residents of the City in the rendition of its services , to avoid interference with the use of other buildings or interruption of free passage to an,d from such buildings. b . Specific. The services required under the terms set forth in this Agreement shall be performed in a coordinated and safe manner as herein provided and particularly: ( 1) No combustible debris shall be thrown, stored or burned on adjacent parcels, sidewalks , streets or alleys, and any debris created must be disposed of as it is created and shall not be left to accumulate. (2) Dropping debris or other materials on adjacent property is forbidden, and dropping of debris or other material on sidewalks, streets and alleys is forbidden until said sidewalk, street or alley is properly barricaded. C. Adjacent Properties. Where adjoining structures are occupied, the Contractor shall advise the inhabitants as to when any services will be initiated and of the hazards involved. The Contractor shall also take whatever steps are necessary to protect the adjoining owners and tenants from the hazards of the services performed by the use of barricades, fences, ropes, signs and other means as may be required. d. Private Residences. The Contractor shall advise inhabitants of private residences at least 24 hours prior to beginning any services will be initiated and performed on their property and of any hazards involved. 13. Risk of Loss. The City assumes no responsibility for the condition of existing buildings and structures and other property nor for their continuance in the condition existing at the time this Agreement is executed by the City. 14. Live Utilities and Other Property. a. The Contractor shall assume all responsibility for damages attributable to him to any property upon or passing through the project area. b . If disconnections of underground utility services are required to be made in public thoroughfares, the Contractor shall comply with all local and county requirements and regulations respecting and barricading of streets, the removal and restoration of pavement and other pertinent matters. 15. Care of Work. a. The Contractor shall be responsible for all damage to persons or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the City. b . In an emergency affecting the safety of life or property, on or adjoining the site, the contractor shall act either at his own discretion or as instructed by the City to prevent such threatened loss or injury. Any compensation claimed by the Contractor on account of such emergency work will be determined by the City. C. The Contractor shall avoid damaging sidewalks, streets , curbs, pavements, utilities, structures, or any other property (except that which is to be replaced or removed) , either on or adjacent to the site. He shall repair at his own expense and in a manner satisfactory to the City any damage thereto caused by his operation. 16. Indemnification. The Contractor shall indemnify and save harmless the City from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person or corporation, public or private, and for any damage to or destruction of property, public or private, as a result of any work conducted under this Agreement . 17. Surety Bond. The Contractor shall , within ten (10) days of executing this Agreement, furnish a surety bond to the City in the sum of Five Thousand Dollars ($5, 000. 00) for the use of the City and of all persons doing work or furnishing skill, tools, machinery, materials, or insurance premiums under or for the purpose of this contract by the Contractor and to be conditioned as required by Minnesota Statutes; Section 574. 26. 18. Insurance. a. The Contractor shall carry Workmans Compensation Insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Workmans Compensation Laws . b . The Contractor shall carry public liability insurance with limits of not less than $100 , 000. 00 for any one person, and $300, 000. 00 for any one accident to protect the Contractor and his subcontractors against claims for injury to or death of one or more than one person or accidents which may occur or result from operations under the Contract; such insurance shall cover the use of all equipment necessary to perform the services described in this Agreement . C. The Contractor shall carry, during the life of this Agreement, property damage insurance with limits in an amount of not less than $50, 000. 00 to protect him and his subcontractors from claims for property damage which might arise from operations under this Agreement. Such policy shall include provisions for damage resulting from any explosion, the collapse of or structural injury to any building or structure due to excavation including burrowing, filling or backfilling in connection therewith, or to tunneling, moving, shoring, underpinning or demolition. This insurance will also include injury or destruction of wires, � f conduits, pipes, mains or other similar property below the surface of the ground. d. The Contractor shall carry automobile liability insurance with limits of not less the $300, 000. 00 for any one person and $500, 000. 00 for any one accident. e. Before commencing work, the Contractor shall submit a certificate of insurance or evidence of the coverage required herein to the City for review and approval. Such insurance shall be carried with financially responsible insurance companies, licensed in the State of Minnesota and kept in force for the full term of this Agreement. Contracts of insurance (covering all operations under this Agreement) which expire before the full term of this Agreement, shall be renewed and evidence of such renewal shall be submitted to the City. f. The Contractor' s Insurance Policy shall carry an endorsement providing that the City receive ten ( 10) days ' notice before such insurance is cancelled or changed by the Contractor or in the insurance company issuing the policy and endorsements. F r IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year and year first above written. IN THE PRESENCE OF: CITY OF LINO LAKES BY: ------------------------------ ---------------------- BY: ------------------------------ ---------------------- BY: ------------------------------ ---------------------- BY: ------------------------------ ---------------------- 4,..y AGENDA a a i��sX 6 B ORDINANCE NO CITY OF LINO LAKES AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN THE PUBLIC STREETS , AND OTHER MUNICIPAL OWNED PROPERTY: ESTABLISHING A SHADE TREE. BOARD AND ESTABLISHING THE OFFICE OF FORESTRY AS THE AGENCIES PRESCRIBING REGULATIONS RELATING TO THE PLANTING , MAINTENANCE , AND REMOVAL OF TREES AND SHRUBS IN PUBLIC PLACES : PROVIDING FOR THE ISSUING OF PERMITS FOR THE. PLANTING , MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN PUBLIC PLACES : PROVIDING FOR THE PRUNING AND REMOVAL OF TREES ON PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY: PROVIDING FOR STANDARDS AND SPECIFICATIONS OF ALL POLICY CONCERNING SHADE TREES ON PUBLIC, PROPERTY, PROVIDING FOR STANDARDS AND SPECIFICATIONS OF CARE PROTECTION POLICY CONCERNING SHADE TREES IN SUBDIVISION PROPERTIES PROVIDING FOR STANDARDS AND SPECIFICATIONS FOR CARE PROTECTION POLICY CONCERNING SHADE TREES ON NEW HOUSING PROJECTS . SECTION I SHORT TITLE This ordinance shall be known and may be cited as the Aiunic~ipal Tree Ordinance of the Municipality of Lino Lakes , County of Anoka, State of Minnesota. SECTION II DEFINITION'S For the purpose of the Ordinance the following terms , phrases , words , and their derivations shall have the meaning given herein. When not inconsistent with the context , words used in the present tense include the future, words in the plural include singular, and words in the singular include the plural . T . Municipality is the City, of Lino Lakes , County of Anoka, State of Minnesota. II . Forestry Department is the department of parks , recreation and forestry. III . Municipal Arborist is the Municipal Arborist, Forester, Tree Warden, or other qualified designated official of the Municipality of Lino Lakes, County of Anoka, State of Minnesota, assigned to carry out the enforcement of this Ordinance. IV. Person is any person, firm, partnership, association, corporation, company, or organization of any kind. V. Street or Highway means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right , for purposesof vehicular and pedestrian traffic. PAGE l VI . Park shall include all public parks having individual names . VII . Public Places shall include all other grounds owned by the Municipality of Lino Lakes , County of Anoka, State of Minnesota. VIII . Property Line shall mean the outer edge of a street or highway. IX. Treelawn is that part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic. X. Public Trees shall include all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated. XI . Large Trees are designated as those attaining a height of forty-five (45) feet or more. XII . Medium Trees area designed as those attaining a height of thirty (30) to forty-five (45) feet . XIII . Small. Trees are designated as those attaining a height of twenty (20) to thirty (30) feet . XIV. Principal Thoroughfare shall mean any street upon which trucks are not prohibited. XV. Property Owner shall mean the person owning such property as shown by the County Auditor' s Plat of Anoka County, State of Minnesota. SECTION III CREATION AND ESTABLISHMENT OF A CITE' TREE BOARD There is hereby created and established a City Tree Board for the City of Lino Lakes , S{:ate of Minnesota , which shall consist of the seven ( 7) members - the Park Board . SECTION IV. TERMS OF OFFICE - TWO (2) ) The persons to serve as Shade Tree Board Members shall serve concurrently with their appointed Park Board Membership term. SECTION V DUTIES AND RESPONSIBILITIES The duties of said "Shade Tree Commission" shall be as follows : To study the problems and determine the needs of the Municipality of Lino Lakes, County of Anoka, State of Minnesota, in connection with its tree planting program. To recommend to the proper authority, the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated. To assist the proper officials of the Municipality of Lino Lakes , County of Anoka, State of Minnesota, as well as the Council and citizens of the municipality, in the dissemination of news and information regarding the selection, planting, preservation and maintenance of trees within the corporate limits, whether the same be on private or public property, and to make such recommendations from PAGE 2 time to time to the Municipal Council as to desirable legislation concerning the tree program and activities for the municipality. To provide regular and special meetings at which the subject. of trees insofar as it relates to the municipality may be discussed by the members of the Shade Tree Board officers and personnel of the municipality and its several divisions , and all others interested in the Shade Tree program. SECTION VI OPERATION The Board shall choose its own officers , make its own rules and regulations and keep a journal of its proceedings . A majority of the members shall be a quorum for the transaction of business . SECTION VII APPOINTMENT AND QUALIFICATIONS OF THE MUNICIPAI, FORESTER The Municipal Forester shall be appointed by ............. Municipality of Lino Lakes , County of Anoka, State of Minnesota. Upon satisfactory completion o1' a six ( 6) months probationary period the forester shall be appointed as long as he/she satisfactorily performs the duties of his office. The forester shall be skilled and trained in the arts and sciences of municipal arboriculture, and shall hold a college: degree or its equivalent in arboriculture, ornamental or landscape horticulture, urban forestry , or other closely related field. SECTION VIII SALARY The Municipal Forester shall receive a salary commensurate with his training and experience as full compensation for al-1 services rendered and in lieu of all fees . SECTION IX DUTIES The Municipal Forester shall have the authority to promulgate the rules and regulations of the Arboricultural Specifications and .Standards of Practice governing the planting, maintenance, removal , protection , fertilization , pruning, and bracing of trees on the streets or other public sites in the municipality, and shall direct , regulate, and control the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the Municipality of Lino Lakes, County of Anoka, State of Minnesota. He/she shall cause the provision of this Ordinance to be enforced. In his absence these duties shall be the responsibility of the Assistant Forester designated by the municipality. PAGE 3 SECTION X AUTHORITY OF THE MUNICIPAL. FORESTER "OWN I . The Municipal Forester shall have the authority and jurisdiction of regulating the planting, maintenance, removal of trees on streets and other publicly owned property to insure safety or preserve the aesthetics of such public sites . II . SUPERVISION. The Municipal Forester shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this Ordinance. III . CONDITION OF PERMIT. The Municipal Forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this Ordinance. If. MASTER STREET TREE PLAN. The Municipal Forester shall have the authority to formulate a Master Street Tree Plan with the advice, a hearing, and approval of a Shade Tree Board . The Master Street Tree Plan shall specify the species of tree to be planted on each of the streets or other public sites of the municipality. From and after the effective date of the Master Street Tree Plan , or any amendment thereof, all planting shall conform thereto. A. The Municipal Forester shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the municipality. B . Amend. The Municipal Forester , with i.he approval of the Shade Tree Board, shall have the authority to amend or- add to the Master Street Tree Flan at any time that circumstances make it advisable. V . The Municipal Forester shall have the authority- to enforce ordinance No . 1.8 - 87 of the City of Lino Lakes concerning Tree Disease Control . VI . The municipal Forester shall have the authority to enforce the standards and specifications of care policy for tree protection in subdivisions and new building sites. SECTION XT PERMITS REQUIRED I . PLANTING MAINTENANCE OR REMOVAL A. No person shall plant, spray, 'fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or municipal-owned property without first filling an application and procuring a permit from the Municipal Forester or otherwise specified municipal authority. The person receiving the permit shall abide by the Aboricultural Specifications and Standards of Practice adopted by the Municipal Forester. II. PLANTING A. Application Data. The application required herein shall state the number of trees to be set out ; the location, PAGE 4 grade, species , cultivar or variety of each tree; the method of planting; and such other information as the Municipal Forester shall find reasonable necessary to a fair determination of whether a permit should be issued. B . Improper Planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Municipal Forester to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of assessments . III . MAINTENANCE A. Application Data. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned, protected, or otherwise preserved; the kind of treatment to be administered; the composition of the material to be applied; and such other information as the Municipal Forester shall find reasonably necessary to a fair determination of whether a permit should be issued. IV . REMOVAL REPLANTING AND REPLACEMENT A . Wherever it is necessary to remove a tree or trees from a treelawn in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. Provided that conditions prevent planting on treelawns, this requirement will be satisfied if any equivalent. number of trees of the same size and species as provided for in the Arboricultural Specifications are planted in an attractive manner on the adjoining property. B . No person or property owner shall remove a tree from the treelawn for the purpose of construction , or for any other reason, without first filing an application and procuring a permit from the Municipal Forester, and without replacing the removed tree or trees in accordance with the adopted Arboricultural Specifications . Such replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the Municipal Forester. The person or property owner shall bear the cost of removal and replacement of all trees removed. SECTION XII PUBLIC TREE CARE The City shall have the right to plant , prune, maintain, remove, or perform any other Arboricultural practices as decided necessary within the lines of all streets , alleys, avenues , lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds . No other planting may be done without consent of the City Forester. The City Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious PAGE 5 fungus , insect or other pest . The City Tree Board shall notify affected property owners of removal or trimming to be done and give the property owner the option to complete the work by contract with a City-approved tree contractor. Under certain conditions , e. g. , emergency situations , the City may complete the work without prior notification to the property owner. Every tree overhanging any street or right-of-way within the City shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8' ) above the surface of the street or sidewalk . Dead, diseased or dangerous trees , broken or decayed limbs which constitute a menace to the safety of the public shall be removed. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign . The minimum clearance of any overhanging portion and twelve ( 12) feet over all streets except truck thoroughfares which shall have a clearance of sixteen ( 16) feet . SECTION XIII ABUSE OR MUTILIZATION OF PUBLIC TREES Unless specifically authorized by the Municipal Forester, no person shall intentionally damage , cut , carve, transplant , or remove any tree; attach any rope, wire , nails, advertising posters , or other contrivance to any tree, allow any gaseous liquid , or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. It shall be unlawful practice for any person, firm, or City department to top any Street Tree, Park Tree, or other tree on public property without authorization from the City Forester. Topping can be defined as severe cutting back of a branch to a stub . SECTION XIV PROTECTION OF TREES All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high and eight (8) feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches D . B. H. , which ever is greater, and all building material , dirt, or other debris shall be kept outside the barrier. No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any , public tree without first obtaining a written permit from the Municipal Arborist. PAGE 6 All builders in new housing projects shall submit a tree protection plan to the City to be reviewed as part of their normal building permit procedure . This plan must be approved by the City Forester- or Assistant in accordance with the standards and specifications for tree care section of this Ordinance, and physical barriers installed before any construction of said building or house proceeds . The tree protection plan must cover all areas of preventing construction damage including the designation of utility alleys , cut and fill areas , tree felling, tree wounding, tree protection zones , and disease control , and any other areas thought to be necessary by the City Forester. No person shall deposit , place, store, or maintain upon any public place of the municipality, any stone, brick , sand, concrete, or other materials which may impede the free passage of water, air, fertilizer to the roots of any tree growing therein , except by written permit: of the Municipal Forester. All development subdivisions must submit a tree preservation plan in accordance with the City of Lino Lakes Tree Preservation Policy of the specifications for tree care section of this Ordinance. All new building project sites must submit a tree preservation plan in accordance with the tree preservation policy of the specifications for tree care section of this Ordinance . SECTION XV VIOLATION AND PENALTY Any person violating any provisions of this ordinance shall be guilty of a misdemeanor. SECTION XVI LEGALITY OF ORDINANCE AND PARTS THEREOF` Should any section, clause , or provisions of this Ordinance be declared by the Courts to be invalid , the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid. PAGE. 7 SECTION XVII EMERGENCY This Ordinance is hereby declared to be of immediate necessity for the preservation of public peace, health, and safety, and shall be in full force and effective from and after its passage and publication as provided by law. Passed this --------- day of 19 ----------- ----- Signed this da- of 19 ------------------------------------------- Harold L. Bisel , Mayor Attest. : -------------------------------------------- Marilyn G . Anderson , Clerk-Treasurer PAGE 8 TO: DON VOLK FROM: MARTY ASLESON DATE : MARCH 26, 1990 RE : BUILDING SIZE STANDARDS Please find attached some examples of building sizes for various parks in Lino Lakes . This was talked about at a previous meeting and is a follow-up to those conversations . These size needs were based on an estimation of todays use and on state building code requirements . BRAINARD DESIGN 13 Oak Road -" Circle Pines, MN 55014 TO: Marty Asleson FROM: Barry L. Brainard*W RE: Minimum park building sizes design DATE: February 27 , 1990 Listed below please find as requested park building sizes calculated per individual park. All park building areas are calculated to the minimum size to accommodate the parks existing land use. 1. CITY HALL PARK: (27 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant: 405 sq. ft. B. Park has over 15 acres, thus 2-2 stall Restrooms @ 134 sq. ft. per Restroom: 268 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. Total Building Size: 740 sq. ft. 2 . LINO PARK: (5. 8 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant: 405 sq. ft. B. Park is under 15 acres, thus 2-1 stall Restrooms @ 104 square feet per Restroom: 208 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. Total Buildincf Size: 678 sq. ft. 3. LEONARD & BRADLEY PARK: (1 acre) A. Overhead shelter suggested only. Lino Lakes Park Bldg. Page 2. 4. SHENANDOAH PARK: (8 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant: 405 sq. ft. B. Park is under 15 acres, thus 2-1 stall Restrooms @ 104 square feet per Restroom: 208 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. Total Building Size: 678 sq. ft. 5. COUNTRY LAKES PARK: (22 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant : 405 sq. ft. B. Park has over 15 acres, thus 2-2 stall Restrooms @ 134 sq. ft. per Restroom: 268 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. o"\ Total Building Size: 740 sq. ft. 6 . SUNRISE PARK: (20 acres) A. Two hockey rinks as the maximum park use, thus 14 occupants per hockey team = 14 x 4 = 56 occupants @ 15 square feet per occupant : 840 sq. ft. B. Park has over 15 acres, thus 2-2 stall Restrooms @ 134 sq. ft. per Restroom: 268 sq. ft . C. Mechanical room to house irrigation, W.H. , Furnace: 100 sq. ft. Total Building Size: 1,208 sq. ft. 7. ERICKSON'S PARK: (1 acre) A. One hockey rink as the maximum park use, thus 14 occupants per hockey team = 14 x 2 = 28 occupants @ 15 square feet per occupant: B. Park is under 15 acres, thus 2-1 stall Restrooms @ 134 sq. ft. per Restroom: 208 sq. ft. C. Minimum Mechanical room: 65 sq. ft. Total Building Size: 693 sq. ft. G� Xz� 2 e x u t t L Yy C�) �rist� YYx 'y� r . /r A�� l ��.�..�; �.; �'�' �4�...: /.ld J'.�.�,G.-� �.� d r Q, ,✓1'uc�,_,�c�.,,� �. l-�e,-a-�u':a,�_ec__ (.�-- .✓�.° V�.f.'�- /,-.'�ti-L:' °�..'r•�GJ . . �'�1?'•�C j _-2.-G�/'v� �/ij`C.1:�- .:�r T X�c'-s'/ 7 t�' G•�h f✓Z /4"wC F"I�d _ VV4� ALL ! ed f G'� .z- 76 VC LAW OFFICES OF Burke alid }Hawk ' SUITE 101 299 COON RAPIDS BOULEVARD JOHN M.BURKE COON RAPIDS,MINNESOTA 55433 WILLIAM G.HAWKINS PHONE(612)784-2998 March 13, 1990 Ms. Laura Elken Lino Lakes City Hall 1109 Main Street Lino Lakes, MN 55014 Dear Laura: I am responding to your letter of , February 26, 1990 concerning the City' s new Trail Ordinance. It would be my recommendation that the areas the City desires for trail be labeled as park on the final plat so that the City has control over these areas for park purposes which would include trailways. I don' t believe the County Surveyor will accept easements for anything other than public utilities, drainage, or streets on a plat. Similarly merely labeling them as outlots would require the developer, after approval of the final plat and recording thereof, to convey the property to the City by separate warranty deed. Any time land is dedicated in a plat the City has an easement over the property for park purposes. This would give the City absolute control over the premises and would allow us to pro- hibit the adjoining property owners from constructing fences- or planting trees on the trails. If you have any further questions regarding this matter, please contact me. S ' n erely, elliam G. Hawkins WGH:mk TO: DON VOLK FROM: MARTY ASLESON DATE : MARCH 26, 1990 RE : BUILDING SIZE STANDARDS Please find attached some examples of building sizes for various parks in Lino Lakes . This was talked about at a previous meeting and is a follow-up to those conversations . These size needs were based on an estimation of todays use and on state building code requirements . BRAINARD DESIGN 13 Oak Road " Circle Pines, MN 55014 TO: Marty Asleson FROM: Barry L. BrainardOt RE: Minimum park building sizes design DATE: February 27, 1990 Listed below please find as requested park building sizes calculated per individual park. All park building areas are calculated to the minimum size to accommodate the parks existing land use. 1 . CITY HALL PARK: (27 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant : 405 sq. ft. f.,.� B. Park has over 15 acres, thus 2-2 stall Restrooms @ 134 sq. ft. per Restroom: 268 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. Total Building Size: 740 sq. ft. 2 . LINO PARK: (5. 8 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant : 405 sq. ft. B. Park is under 15 acres, thus 2-1 stall Restrooms @ 104 square feet per Restroom: 208 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. Total Buildin(f Size: 678 sq. ft. 3 . LEONARD & BRADLEY PARK: (1 acre) A. Overhead shelter suggested only. T Lino Lakes Park Bldg. Page 2. 4. SHENANDOAH PARK: (8 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant: 405 sq. ft. B. Park is under 15 acres, thus 2-1 stall Restrooms @ 104 square feet per Restroom: 208 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. Total Building Size: 678 sq. ft. 5. COUNTRY LAKES PARK: (22 acres) A. Recreational Use is the maximum participation, thus 27 occupants times 15 square feet per occupant: 405 sq. ft. B. Park has over 15 acres, thus 2-2 stall Restrooms @ 134 sq. ft. per Restroom: 268 sq. ft. C. Minimum Mechanical room size: 65 sq. ft. r Total Building Size: 740 sq. ft. 6 . SUNRISE PARK: (20 acres) A. Two hockey rinks as the maximum park use, thus 14 occupants per hockey team = 14 x 4 = 56 occupants @ 15 square feet per occupant: 840 sq. ft. B. Park has over 15 acres, thus 2-2 stall Restrooms @ 134 sq. ft. per Restroom: 268 sq. ft. C. Mechanical room to house irrigation, W.H. , Furnace: 100 sq. ft. Total Building Size: 1,208 sq. ft. 7 . ER1CKSQN1 5 PARK: (1 acre) A. One hockey rink as the maximum park use, thus 14 occupants per hockey team = 14 x 2 = 28 occupants @ 15 square feet per occupant: B. Park is under 15 acres, thus 2-1 stall Restrooms @ 134 sq. ft. per Restroom: 208 sq. ft. C. Minimum Mechanical room: 65 sq. ft. Total Building Size: 693 sq. ft. ORDINANCE NO ------------------- CITY OF LINO LAKES AN ORDINANCE REGULATING THE PLANTING OF TREES AND OTHER WOODY VEGETATION ON PUBLIC PROPERTY WITHIN THE CITY OF LINO LAKES, ESTABLISHING A TREE BOARD AND TREE STRUCTURE ON NEW DEVELOPMENT FOR REFORESTATION AND PROTECTION. AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN THE PUBLIC STREETS , AND OTHER MUNICIPAL OWNED PROPERTY: ESTABLISHING A SHADE TREE BOARD AND ESTABLISHING THE OFFICE OF FORESTRY AS THE AGENCIES PRESCRIBING REGULATIONS RELATING TO THE PLANTING, _ MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN PUBLIC PLACES: PROVIDING FOR THE ISSUING OF PERMITS FOR THE PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN PUBLIC PLACES: PROVIDING FOR THE PRUNING AND REMOVAL OF TREES ON PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY: PROVIDING FOR SHADE TREE STANDARDS IN NEW DEVELOPMENTS FOR REFORESTATION AND PROTECTION ON PRIVATE LAND WHERE NEW HOUSING IS BEING IMPLEMENTED. SECTION I SHORT TITLE This ordinance shall be known and may be cited as the Municipal Tree Ordinance of the Municipality of Lino Lakes , County of Anoka, State of Minnesota. SECTION II DEFINITIONS For the purpose of the Ordinance the following terms, phrases , words , and their derivations shall have the meaning given herein. When not inconsistent with the context , words used in the present tense include the future, words in the plural include singular, and words in the singular include the plural . I . Municipality is the City, of Lino Lakes , County of Anoka, State of Minnesota. II . Forestry Department is the. department of parks, recreation and forestry. III. Municipal Arborist is the Municipal Arborist, Forester, Tree Warden, or other qualified designated official of the Municipality of Lino Lakes, County of Anoka, State of Minnesota, assigned to carry out the enforcement of this Ordinance. IV. Person is any person, firm, partnership, association, corporation, company, or organization of any kind. V. Street or Highway means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic. VI. Park shall include all public parks having individual names. VII . Public Places shall include all other grounds owned by the Municipality of Lino Lakes, County of Anoka, State of Minnesota. VIII . Property Line shall mean the outer edge of a street or highway. IX. Treelawn is that part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic. X. Public Trees shall include all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated. XI . Large Trees are designated as those attaining a height _ of forty-five (45) feet or more. XII . Medium Trees area designed as those attaining a height of thirty (30) to forty-five (45) feet . XIII. Small Trees are designated as those attaining a height of twenty (20) to thirty (30) feet . XIV. Principal Thoroughfare shall mean any street upon which trucks are not prohibited. XV. Property Owner shall mean the person owning such property as shown by the County Auditor' s Plat of Anoka County, State of Minnesota. SECTION III CREATION AND ESTABLISHMENT OF A CITY TREE BOARD There is hereby created and established a City Tree Board for the City of Lino Lakes , State of Minnesota, which shall consist of the seven (7) members - the Park Board. SECTION IV. TERMS OF OFFICE - TWO (2) The persons to serve as Shade Tree Board Members shall serve concurrently with their appointed Park Board Membership term. SECTION V DUTIES AND RESPONSIBILITIES The duties of said "Shade Tree Commission" shall be as follows: To study the problems and determine the needs of •the Municipality of Lino Lakes, County of Anoka, State of Minnesota, in connection with its tree planting program. To recommend to the proper authority, the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated. To assist the property constituted officials of the Municipality of Lino Lakes, County of Anoka, State of Minnesota, as well as the Council and citizens of the municipality, in the dissemination Qf news and information regarding the selection, planting, preservation and maintenance of trees within the corporate limits, whether the same be on private or public property, and to make such recommendations from time to time to the Municipal Council as to desirable legislation concerning the tree program and activities for the municipality. To provide regular and special meetings at which the subject of trees insofar as it relates to the municipality may be discussed by the members of the Shade Tree Board officers and personnel of the municipality and its several divisions, and all others interested in the Shade Tree program. SECTION VI OPERATION The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. SECTION VII APPOINTMENT AND QUALIFICATIONS OF THE MUNICIPAL FORESTER The Municipal Forester shall be appointed by ............. Municipality of Lino Lakes, County of Anoka, State of Minnesota. Upon satisfactory completion of a six (6) months probationary period the forester shall be appointed as long as he/she satisfactorily performs the duties of his office. The forester shall be skilled and trained in the arts and sciences of municipal arboriculture, and shall hold a college degree or its equivalent in arboriculture, ornamental or landscape horticulture, urban forestry, or other closely related field. SECTION VIII SALARY The Municipal Forester shall receive a salary commensurate with his training and experience as full compensation for all services rendered and in lieu of all fees. SECTION IX DUTIES The Municipal Forester shall have the authority to promulgate the rules and regulations of the Arboricultural Specifications and Standards of Practice governing the planting, maintenance, removal, protection, ferti.lization, pruning, and bracing of trees on the streets or other public sites in the municipality, and shall direct, .regulate, and control the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the Municipality of Lino Lakes, County of Anoka, State of Minnesota. He/she shall cause the provision of this Ordinance to be enforced. In his absence these duties shall be the responsibility of the Assistant Forester designated by , the municipality. SECTION X AUTHORITY OF THE MUNICIPAL FORESTER I . The Municipal Forester shall have the authority and jurisdiction of regulating the planting, maintenance, and removal of trees on streets and other publicly owned property to insure safety or preserve the aesthetics of such public sites. II . SUPERVISION. The Municipal Forester shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this Ordinance. III. CONDITION OF PERMIT. The Municipal Forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this Ordinance. IV. MASTER STREET TREE PLAN. The Municipal Forester shall have the authority to formulate a Master Street Tree Plan with the advice, a hearing, and approval of a Shade Tree Board. The Master Street Tree Plan shall specify the species of tree to be planted on each of the streets or other public sites of the municipality. From and after the effective date of the Master Street Tree Plan, or any amendment thereof, all planting shall conform thereto. A. The Municipal Forester shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the municipality. B . Amend. The Municipal Forester, with the approval of the Shade Tree Board, shall have the authority to amend or add to the Master Street Tree Plan at any time that circumstances make it advisable. SECTION XI PERMITS REQUIRED I. PLANTING MAINTENANCE OR REMOVAL A. No person shall plant , spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or municipal-owned property without first filling an application and procuring a permit from the Municipal Forester or otherwise specified municipal authority. The person receiving the permit shall abide by the Aboricultural Specifications and Standards of Practice adopted by the Municipal Forester. II. PLANTING A. Application Data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Municipal Forester shall find reasonable necessary to a fair determination of whether a permit should be issued. B. Improper Planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Municipal Forester to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of assessments . III . MAINTENANCE A. Application Data. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned, protected, or otherwise preserved; the kind of treatment to be administered; the composition of the material to be applied; and such other information as the Municipal Forester shall find reasonably necessary to a fair determination of whether a permit should be issued. IV. REMOVAL REPLANTING AND REPLACEMENT A. Wherever it is necessary to remove a tree or trees from a treelawn in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. Provided that conditions prevent planting on treelawns , this requirement will be satisfied if any equivalent number of trees of the same size and species as provided for in the Arboricultural Specifications are planted in an attractive manner on the adjoining property. B . No person or property owner shall remove a tree from the treelawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Municipal Forester, and without replacing the removed tree or trees in accordance with the adopted Arboricultural Specifications . Such replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the Municipal Forester. The person or property owner shall bear the cost of removal and replacement of all trees removed. SECTION XII PUBLIC TREE CARE The City shall have the right to plant , prune, maintain , remove, or perform any other Arboricultural practices as decided necessary within the lines of all streets , alleys, avenues, lanes , squares and public grounds , as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds-. No other planting may be done without consent of the City Forester. The City Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers , electric power lines, gas lines , water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. The City Tree Board shall notify affected property owners of removal or trimming to be done and give the property owner the option to complete the work by contract with a City-approved tree contractor. Under certain conditions , e. g. , emergency situations, the City may complete the work without prior notification to the property owner. Every tree overhanging any street or right-of-way within the City shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8' ) above the surface of the street or sidewalk. Dead, diseased or dangerous trees , broken or decayed limbs which constitute a menace to the safety of the public shall be removed. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. The minimum clearance of any overhanging portion and twelve ( 12) feet over all streets except truck thoroughfares which shall have a clearance of sixteen (16) feet. SECTION XIII ABUSE OR MUTILIZATION OF PUBLIC TREES Unless specifically authorized by the Municipal Forester, no person shall intentionally damage, cut , carve, transplant , or remove any tree; attach any rope, wire, nails, advertising posters , or other contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them`• or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. It shall be unlawful practice for any person, firm, or City department to top any Street Tree, Park Tree, or other tree on public property without authorization from the City Forester. Topping can be defined as severe cutting back of a branch to a stub . SECTION XIV PROTECTION OF TREES All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high and eight (8) feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches D. B. H. , which ever is greater, and all building material , dirt, or other debris shall be kept outside the barrier. No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any public tree without first obtaining a written permit from the Municipal Arborist . All builders in new housing projects shall submit a tree protection plan to the City to be reviewed as part of their normal building permit procedure. This plan must be approved by the City Forester or Assistant and physical barriers installed before any construction of said building or house proceeds . The tree protection plan must cover all areas of preventing construction damage including the designation of utility alleys, cut and fill areas, tree felling, tree wounding, tree protection zones , and devise control , and any other acres thought to be necessary by the City Forester. No person shall deposit , place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, fertilizer to the roots of any tree growing therein, except by written permit of the Municipal - Forester. SECTION XV VIOLATION AND PENALTY Any person violating any provisions of this ordinance shall be guilty of a misdemeanor. SECTION XVI LEGALITY OF ORDINANCE AND PARTS THEREOF Should any section, clause, or provisions of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or' parts thereof, other than the part so declared to be invalid. SECTION XVII EMERGENCY This Ordinance is hereby declared to be of immediate necessity for the preservation of public peace, health, and safety, and shall be in full force and effective from and after its passage and publication as provided by law. Passed this --------- day of ------------------ 19 Signed this --------- day of -----------------, 19 ----------------------------------------- Harold L. Bisel , Mayor Attest: ------------------------------------------ Marilyn G. Anderson, Clerk-Treasurer RESOLUTION SUPPORTING THE CENTENNIAL ICE ARENA WHEREAS, the Centennial community of Blaine, Centerville, Circle Pines, Lexington and Lino Lakes does not have access to an indoor ice arena, and WHEREAS, there are thousands of Anoka County citizens of all ages living in the Centennial area, and WHEREAS, the County has provided financial assistance to other governmental agencies in Anoka County for the purpose of providing ice arena facilities, and WHEREAS, the Centennial Ice Arena facility would serve the citizens of the entire Centennial area, including the Anoka County communities of Blaine, enterville, Circle Pines, Lexington, and Lino Lakes, THEREFORE BE IT RESOLVED, that the County Commissioners be encouraged to designate at least $300,000 of County funds for the purpose of assisting with the Centennial Ice Arena facility. I _ I �74 Vile N Y %� r' United Community Network, Inc. (Comnwitg/Teen Center Planning Conmilttee) Our Purpose: To provide a focal point for terns to drop in to soda iis7e with peers, where cultural and recreational activities can be oe•ganized� and adfor peagrams to help combat chemiad use in the community. The target area for youth are the LI-19 year old& Our community/tees: center would be $orverserd by a taen board, adult board, paid director and two paid fac8itators Financial Needs: Have applied for a $35,000 grant from the State Planning Agency, Our support will be from Foundations, Civic Groups, Businesses, Private Individuals. We are a- non-profit organization. COiNrIUiUTY USE: TEEM IXTNIM* Ed'0-%tional Programs such as Rwweatfi o a,ctivfties such as Self-estse:ra Video games Career choices Movies Sttress in the Family Ping Pong Parenting classes Foos bag Babysitting classes Air Hockey Chemical Abuse Pool Possible community meeting place Computers/printers Mnselint/support trot C0e2cessians Recreational perrgrams odfered Organizations that have committed: Parents Communication Network (PCN) Bev's Interiors Centennial Community Education Rep. Linda Runbeck Domino's Pizza Quick Stop Cir/Lex Lions Club L. L. Correctional Facility American Aid for Lutherns (AAL) Cent. Boosters Club Tom Thornquist, D.C. Chamber of Commerce Lexington Fire Dept. Good Shepherd Ladies �'•'�' Guild CON ACT PERSONS: ~ •r, ! 13 .' E Glom Brownlee (Pres.)780-4582 �(,: 1�' '' 13 Sally Nelson Mce-Pres.)786-3952 Ann Roman Sec.)784-04500 ' 1:.:., f K'irn James (Treas.) 786-i91S •- .�.-ter.—..y LAW OFFICES OF Burke alyd Aawk«s r� SUITE 101 299 COON RAPIDS BOULEVARD JOHN M.BURKE COON RAPIDS,MINNESOTA 55433 WILLIAM G.HAWKINS PHONE(61 2)784-2998 February 15, 1990 Ms. Laura Elken Lino Lakes City Hall 1189 :Main Street Lino Lakes, MN 55014 Re: City of Lino Lakes Park Dedication Ordinance Dear Laura: I have reviewed the information that you provided to me con- cerning the Park Commission' s request to amend the Subdivision Ordinance. It is their desire to require all commercial and industrial property to be platted whether or not the applicant requests it in order to collect park fees or to impose park fees on properties that are not subdivided. In your memo you have correctly cited Minnesota Statute 462. 358, Subd. 2 (b) which allows cities, such as Lino Lakes, to require park dedication. This statute only authorizes park dedication of land or fees in the event of a proposed subdivision of property. In my opinion , there is no legal authority for the city to impose a park fee merely upon the application by a person or entity for a building permit for a commercial or industrial development. Similarly there is no legal requirement that allows the city to require a commercial or industrial zoned property to be platted unless the developer requests the division of an existing parcel into two or more lots. While I understand the Park Board' s desire to acquire more funds for park development purposes, the concepts proposed are without legal basis and would not sustain challenge by property owners. Sincerely, William G. Hawkins WGH:mk cc: Mr . Randy Schumacher MEMORANDUM TO: Honorable Mayor , City Councilmembers , Park Boardmembers , Randy Schumacher, John Miller, Don Volk FROM: Laura Elken , Planning Secretary DATE : September 12 , 1989 SUBJECT: Park Dedication for Commercial/Industrial _ Companies To survey area cities to get information about commercial and industrial park dedications . The cities I contacted were as follows : Vadnais heights Blaine_ Oakdale Shoreview Map t ewood Tn visiti.ng with the city planner at each. of these cities asked how they handle park ded:icat.:ion jor commercial and industrial_ businesses that bought a parcel of land., did r,oi: plat or subdivide the land, and simply built their structure on a parcel . Before I begin to tell you what. their response was , I have to explain that with each city I discussed the fact that under the Minnesota Statutes chapter 462 . 358 Subd . 2b it states that park dedication can be claimed only when land has been subdivided. It states : Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, play— grounds, trails, or open space; provided that (a) the municipality may choose to accept to be dedicated to such public uses or purposes based on the fair market value of the Page 1 land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational , or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Every city that I spoke with was aware of this statute . Randy Johnson, City Planner in Shoreview stated that he does _ require the applicant to replat the land . This ensures park dedication , dedicates right-of-ways and cleans up the title to the land. The City of Shoreview requires 2% of the value of the land as a cash dedication for Commercial- / Industrial sites . Brian Schafer, City Planner in Blaine has a different: formula to follow. They do claim a cash park dedication eves; if the land is not subdivided. It is based on 3% of the fair market value of the land. The cash dedication cannot exceed three times the park dedication fee charged for a Single- Family unit (5395 . 00 ) . I thought this was complicated, but reasonable. The City of Oakdale asks; for $1 , 200 per acre of land for commercial and industrial lots . The parcels do not have to be subdivided. I spoke with the City Clerk in Vadna:is Heights , Gerald Urban . He sent me a copy of their dedication ordinance . It states that the developer will pay $300 . 00 for each 4 , 000 square feet of proposed building for uses as follows : 1 . Retail 2 . Office 3 . Office-Showroom 4 . Restaurants/Liquor Establishments 5 . Light Manufacturing/Assembly uses of high labor intensity in which there would normally be more than one employee per 500 square feet at full planned capacity. It goes on to state: The developer shall pay to the city $200 . 00 for each 4, 000 square feet of proposed building for uses as follows : 1 . Warehousing 2. Low Labor Intensive Light Manufacturing/Assembly 3 . Other Low Labor Intensive Uses Page 2 The developers of hotel and motels pay to the city $150 . 00 per hotel unit . All such money must, he paid prior to the issuance of building permit . This is an interesting way of handling park dedication . A copy of this ordinance is attached. The City of Maplewood_ asks for i% of the Market Value of the land for park dedication . Land does not have to be subdivided. After each city told me its park dedication requirements , 1 _ asked them how they get around the Minnesota State Statutes . Vadnais Heights City Clerk explained to me that he felt their park dedication was reasonable, and there were no complaints from developers . Brian Schafer from Blaine told me that if a commercial company wanted to dispute the park dedication it would delay his project. , and the developer would rather pay the extra money to the city- than lose the money due to the delay caused by going to court . Brian also explained that the city would I'M waive park dedication for churches . Before Gethsemane Methodist Church applied for their Site and Building Flan the City of Lino Lakes had no problems imposing a parj, dedication to commercial and ins_ usf ri al developers . Options : i . Clarify the Park Dedication Ordinance , specifying residential and commercial and industrial requirements . 2 . Consider changing Lino Lakes park dedication fees . Are they too costly? 3 . Consider requiring the developers to plat their land. A. This would cost, the developer application fees for something that may not be necessary, extra surveyor costs , etc. 4. Overlook Minnesota State Statutes like all (but one) other cities I spoke with. 5. Consider claiming park dedication fees when .+� building permits are issued. A. If this is done it may be tricky if 10a Page 3 of land is dedicated rather than a cash ✓•'t dedication . According to the Schilling report on the analysis of part; dedication fees of cities in the metropolitan area completed January 1988 the following cities have compatible rates to Lino Lakes . i10' for both residential and commercial ; : Little Canada Roseville Shoreview White Bear Lake White Bear Township There are many issues to consider, if you would like me to _ help in any additional way, please lei. me know. r''\ Page 4 LAW OFFICES OF A G E N 0 A TEv'i 9 A Burke amd }Hawk«rs SUITE 101 r� 299 COON RAPIDS BOULEVARD JOHN M.BURKE COON RAPIDS.MINNESOTA 55433 WILLIAM G.HAWKINS PHONE(61 2)784-2998 March 13, 1990 Ms. Laura Elken Lino Lakes City Hall 1189 Main Street Lino Lakes, MN 55014 Dear Laura: I am responding to your letter of February 26, 1990 concerning the City' s new Trail Ordinance. It would be my recommendation that the areas the City desires for trail be labeled as park on s� the final plat so that the City has control over these areas for park purposes which would include trailways. I don' t believe the County Surveyor will accept easements for anything other than public utilities, drainage , or streets on a plat. Similarly merely labeling them as outlots would require the developer, after approval of the final plat and recording thereof, to convey the property to the City by separate warranty deed. Any time land is dedicated in a plat the City has an easement over the property for park purposes. This would give the City absolute control over the premises and would allow us to pro- hibit the adjoining property owners from constructing fences or planting trees on the trails . If you have any further questions regarding this matter, please contact me. elS * nerely, iam G. 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