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HomeMy WebLinkAbout1990-013 Council Ordinances• • • Council Member Reinert and moved its adoption: introduced the following ordinance CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 13 - 90 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMEND SECTION 701, LIQUOR LICENSING The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. Subdivision 4. Corporate License. of Section 701.05 Granting of License is hereby amended to read as follows: Licenses may be issued to a partnership or a corporation if the partnership or corporation appoints or hires a manager who is a resident of the City and is actively working in the enterprise. II. This ordinance shall be effective thirty (30) days after its passage and publication as required by the City Charter. Passed by the Council of the City of Lino Lakes this 7 tli day of Q��, , 1990. nderson, Clerk -Treasurer L. i e Mayor yor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None Whereupon the ordinance was declared duly passed and adopted. r • • ORDINANCE NO. 15-90 CITY OF LINO LAKES 1007. SHADE TREE ORDINANCE 1007.1 PURPOSE AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN THE PUBLIC STREETS, AND OTHER MUNICIPAL OWNED PROPERTY: 1.) 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: 2.) PROVIDING FOR THE ISSUING OF PERMITS FOR THE PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN PUBLIC PLACES: 3.) 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 IN LAND DISTURBANCE AREAS. 1007.2 SHORT TITLE This ordinance shall be known and may be cited as the Shade Tree Ordinance of the City of Lino Lakes, County of Anoka, State of Minnesota. 1007.3 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. City is the City of Lino Lakes, County of Anoka, State of Minnesota II. Forestry Department is the Department of Parks, Recreation and Forestry. III. City Forester is the Municipal Arborist, Forester, Tree Warden, or other qualified designated official of the City of Lino Lakes, County of Anoka, State of Minnesota, The City Forester will be assigned to carry out the enforcement of this Ordinance. IV. Person is any person, firm, partnership, association, corporation, company, or organization 1 • • 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 public, as a matter of right, for purposes of vehicular and pedestrian traffic. VI. Principal Thoroughfare shall mean any street upon which trucks are not prohibited. VII. Park shall include all City parks having individual names. VIII. Public Place shall include all other grounds owned by the Municipality of Lino Lakes. IX. Property line shall mean the outer edge of a street or highway right-of-way.This area includes the area between the curb and the platted lot line. X. Treelawn is that part of a street or highway, not covered by a sidewalk or other paving, lying between the property line right-of-way, and that portion of the street or highway usually used for vehicular traffic. XI. Public trees shall include all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated. XII. Large trees are designated as those attaining a height of forty-five (45) feet or more. XIII. Medium trees are designated as those attaining a height of thirty (30) to forty-five (45) feet. XIV. Small trees are designated as those attaining a height of twenty (20) to thirty (30) feet. XV. Property owner shall mean the person owning such property as shown by the County Auditor's Plat of Anoka County, State of Minnesota. 1007.4 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 Park Board. 1007.5 DUTIES AND RESPONSIBILITIES The duties of said "City Tree Board" 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 it's tree planting program. To recommend to the City Council, 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 City Council of the City and the citizens of the City in the dissemination of news and information regarding the selection, planting, preservation and maintenance of trees, whether the same be on private or public property, and to make such recommendations from time to time to the City 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 City Tree Board officers and personnel of the municipality and its several divisions, and all others interested in the City Tree Program. 1007.6 OPERATION The Board shall operate within the rules set forth by the Park Board Ordinance. 1007.7 APPOINTMENT AND QUALIFICATIONS OF THE CITY FORESTER The City Forester shall be appointed by the City Council. This person 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 as described in the job description in the city personnel files. 1007.8 AUTHORITY OF THE CITY FORESTER • The authority of the City Forester shall be in accordance with the City Forester job description. • 1007.9 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 obtaining a permit from the City Forester or otherwise specified municipal authority. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the City 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 City Forester shall find reasonably 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 City Forester to remove or cause removal of the same, and 3 • • 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 City Forester shall find reasonably necessary to a fair determination of whether a permit should be issued. IV. REMOVAL, REPLANTING AND REPLACEMENT A. 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 obtaining a permit from the City Forester, and without replacing the removed tree or trees in accordance with the adopted Aboricultural Specifications. Such replacement as provided for in a permit issued by the City Forester. The person or property owner shall bear the cost of removal and replacement of all trees removed. 1007.10 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 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 4 • 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. 1007.11 ABUSE OR MUTILIZATION OF PUBLIC TREES Unless specifically authorized by the City 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 an 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. • 1007.12 PROTECTION OF TREES A tree preservation plan is to be submitted by all developers, builders and soil disturbance project area facilitaters in accordance with the City of Lino Lakes Tree Preservation Administrative Guidelines Policy. 1007.13 VIOLATION AND PENALTY Any person violating any provisions of this ordinance shall be guilty of a misdemeanor. 1007.14 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 to be declared to be valid. 5 • • • Passed this 25th day of March , 19 91 Signed this 29th day of March Harold L. Bisel, Mayor Attest: 9 L i M yn Ander on, Clerk -Treasurer 6 , 19 91