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Parks Commission Agenda Packet 03-21-1996AGENDA REGULAR MEETING • PARRS COMMISSION Thursday, March 21, 1996 1. Call meeting to order. 2. Consideration of approving the minutes for the regular meeting February 21,r�� 1996. 3. Consideration of adding agenda items. 4. Report from Shade Tree Sub -Committee. (Roger Mack, Larry Nolan, Earl Smith) A. Tree Ordinance: Trees and Shrubs 5. Tour of NSP property and discuss trail system. 6. Additional ballfields at NSP Park. — 7. New park site (Watertower Park). 8. Bridge Park - Pier site 9. Briar Oakes Second Addition. (Jetrs Report) A. Review Pathway 10. Consideration of requesting public works department to conduct major tree trimming at East and West Bridge Parks. Request from MCP Design Committee. 11. Discuss snowmobile ordinance pertaining to trails. 12. Other. 10. Adjourn. �u J C S Minutes Regular Meeting Parks Commission Wednesday, February 21, 1996 - 4:30 p.m. Members Present: Larry Nolan, Steve Andrews, Fran Fair, Earl Smith Members Absent: Bruce Theelin Staff Present: Jeff O'Neill, Roger Mack, Wanda Kraemer I . C. -ill mectre to order. Acting Chairman Larry Nolan called the meeting to order. 2. Consideration of npprovinglhe minutes for the remar meeting January 10- 1996. COMMISSIONER SMITH MADE A MOTION TO APPROVE THE JANUARY 10, 1996 MINUTES. SECONDED BY COMMISSIONER FAIR. Motion passed unanimously. 3. Consid ration of moving the p irks, s nectinpc to the 3rd -Thursday at 4:30 o m. After a brief discussion it was decided to change the meeting date from the 3rd - Wednesday to the 3rd -Thursday of the month. COMMISSIONER SMITH MADE A MOTION TO CHANCE THE PARKS MEETING DATE TO THE 3RD -THURSDAY OFTHE MONTH. SECONDED BY FRAN FAIR. Motion passed unanimously. 4. D'Q ice stragiec for movineforw and wiOZtlm'hade 111re hvrn�n. Jeff O'Neill, Assistant Administrator, inquired as to ideas the Commissioner had that would help move forward with the tree program. Staff has not been able to spend the time needed to research the tree program. The main areas that need to be researched are: A. A list of recommended trees for builders and new home owners 13, Update the City Tree Ordinance I. Include trees on building permits 2. Size and location of trees C. 'Target planting areas for new trees I. School Blvd. 2. Original section of City 1). Budget maintenance of existing trees I, A program for replacing Elm Tree vacancies The Commissioners discussed the Shade Tree Program and decided to move forward by creating a sub -committee to research the items needed. EARL. SMITH MADE A MOTION TO FORM A SUBCOMMITTEE WITH TWO PARKS COMMISSIONERS AND ROGER ;HACK, PARKS SUPERIN'T'ENDENT TO C RESEARCH THE SHADE TREE. PROGRAM, SECONDED IJY FRAN FAIR. Motion passed unanimously. Page I Parks Commission Minutes - 02-21.96 Acting Chairman Nolan inquired if any Commissioner would like to volunteer to be on the Shade Tree Committee. Earl Smith volunteered. Acting Chairman Nolan said he would check his schedule and if any other Commissioners would like to volunteer call Roger Mack at City Hall. Roger Mack would contact committee members for the first meeting. 5. NSP/Jlon issippi Park ioint venture. (_,I,��. Jeff0'Neill. Assistant Administrator, report chat he had met with Bruce Thiclen, Wright County Parks, Darrin Lahr and Bob avirrshi, from NSP, to discuss the City, County, and NSP working together to develop trails and nature areas through the NSP land that will connect to the Montissippi Park. The next step would be to work on conceptual drawing of where the trails would connect to Montissippi Park from NSP to the West and from the City's pathway system to the the East. The Parks Commission thought this would be a tremendous opportunity for the City to extend the current pathway system and to work together with the County and NSP. Commissioner Fair suggested a tour of the NSP area so the Commissioners could get a better idea of the pathway design and possibilities. 6. Snowmobiles on pathway. The Commissioners discusses: if the snowmobile traffic had affected the pathway. It was a consensus that as long as the pathway was not plowed it would be hard to regulate the snowmobile use. Commissioner Smith commented the area along County Road 75 was designated as a snowmobile trail. There was some discussion as to where this trail is located. Jeff O'Neill, Assistant Administrator, stated that the snowmobile trail is between County Road 75 and the pathway not on the pathway . Other Commissioners commented that snowmobiles have become it problem. Many snowmobilers are snowmobiling fill night on private property. The Sheriffs office has commented that it is almost impossible to regulate them. The City Council will decide if the pathway should be plowed or not. Public works is going to estimate the cost and report to the Council. If it is plowed the snowmobiles will probably not use them. This item will be put on the agenda in July to review before the next winter season. Mlttulieelltil:.W=Ujjify_L'artnors (MCII A. Fran Fair Parks Commission representative on MCP board. .left O'Neill, Assistant Administrator, reported to the Commissioners that Fran Fair was chosen to represent the Parks Commission on the \ICP Board. The board consists of a member from the City Council, Page 2 Parks Commission Minutes - 02-21-96 Planning Commission, Parks Commission, HRA, Chamber, Merchants, and three citizens at large. B. Pathway Grand Opening Wanda Kraemer, DST, reported that the MCP Promotions Committee's first "event" will the Grand Opening of the Pathway system. The celebration is being planned for June Ist, with events all along the pathway from 10 a.m to 12 p.m. and at Bridge Park from 11 am. to 1 p.m. In the park will be jazz music, concessions and activities for children. FRAN FAIR MADE A MOTION TO ADJOURN THE MEETING. SECONDED BY EARL SMITH. Motion passed unanimously. Page 3 CHAPTER 3 C TREES AND SHRUBS SECTION: 8-3-1: Purpose 8-3.2: Order to Treat or Remove 8-3-3: Regulations for Planting in Public Places 8-3-4: Requirements Applicable to Trees in New Subdivisions 8-3.5: Dutch Elm Disease 8-3-6: Abuse or Mutilation 8-3-1: PURPOSE: It is the purpose of this chapter to protect and promote the public health, safety, and general welfare of the people of the city by regulating the planting and maintenance of trees in order to protect trees and to prevent and abate hazardous and nuisance conditions within the city. 8.3-2: ORDER TO TREAT OR REMOVE: The City may order the trimming, treatment, or removal of trees or plants upon public or private property when they shall determine that such action is necessary to the public C safety or necessary to prevent the spread of disease or of insects harmful to trees and shrubs. 8-3.3: REGULATIONS FOR PLANTING IN PUBLIC PLACES: (A) No tree shall be p?ftr� ublic property or right-of-way without the approval of th (1I) Permits: No person shall plant or remove trees or shrubs in public places without first filling out an application and obtaining n permit from the City. 2. The following provisions apply to the issuance of permits where required for planting in public places. (n) Application Data: The application required herein shall state the number of trees or plants to be pinnted or set out, the location, and specific name of each tree or plant. C(b) Standards for Issuance: A permit shall be issued if it is found Clint the proposed plantings will be in the best interest of the communi(y. TREESHRU.M11); 3i14106 Page 1 C C 8-3-4: REQUIREMENTS APPLICABLE TO TREES IN NEW SUBDIVISIONS: (A) In new subdivisions, on lots with frontage on a single right-of-way, it is required that two (2) trees be planted per platted lot if no trees are in existence. For lots with frontage on more than one right-of-way, it is required that four (4) trees be planted per platted lot if no trees are in existence. Two (2) trees must be planted in each yard having street frontage. ote- �'ec r^�o •� . 0267, 3/27/95) b (B) Only the following trees shall-l�e0—ted: �;( �1�j , io.,� Norway Maple MV.si Cleveland Norway Maple Emerald Queen Norway Maple Schwedler Norway Maple Summer Shade Norway Maple Red Maple Sugar Maple Hackberry Gz"n Marshall Seedless Green Ash Summit Green Ash Blue Ash Ginkgo n Kentucky Coffeetree Flame Flowering Crabapple t Red Splendor Flowering Crabapple Vanguard Flowering Crabapple Ironwood Swamp White Oak Pin Oak Sovcrci n Pin Oak g I Showy Mountain No1— Japanese Tree Lilac American Linden Littleleaf Linden C Greenspire Linden Redmond Linden - TREERI IRU.AMD: :V 14/06 f` �no Pr J. �o Page 2 (C) 'frees required to be planted in subdivisions shall be planted 2p-lbe boulevard 6 ft s 2 ft behind the curb (or rear/side, if applicab e, on double- - fronting lots) at a distance not greater than four feet (4') from such line. This tree to be planted if there are not suitable existing trees in this location. (#267, 3/27/95) (D) Required subdivision trees must have a trunk diameter of at least two inches (2") at one foot ( l') above the ground. (E) Required subdivision trees must be protected and supported by tree guards of approved type. Any tree which is dead or not healthy after one year shall be replaced. L (F) No required subdivision:tiewshall-l>CplanLed.in,soil=too:poor_to insure the growth of such-tr� ue nless twenty -seven -(27) cubic feet (3'x 3' x 3') of soil is removed and replaced with suitable loam. f - (G) Sources of Trees. Trees shall consist of "certified nursery stock." The lowest branch of it tree shall not be at it height above LEc surface of the ground more than one-half of the total height of the tree (example: a 16 -ft tree must have a branch within 8 ft of the surface of the surrounding ground.) Trees planted in place of missing, dead, or unhealthy replacement trees shall consist only of "certified nursery stock." 8-3.5: DUTCH ELM DISEASE: (A) Forester: Duties: The powers and duties n the City Forester as set forth in this code are hereby conferred upon the Inspector. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Dutch Elm disease. lie shall recommend to the Council the details ora program for the control of Dutch Elm disease and perform the duties incident to such it program adopted by the Council. (11) Program: It is the intention of the Council of Monticello to conduct a program of plant pest control pursuant to the authority granted by .Minnesota ';talutes-Lc&l, Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm hark beetles and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. (C) Nuisances: The following things are public nuisances whenever they may be found within the city of Monticello. TREESHI U.M1D: 3/I4.'06 Page I. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystits ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolvtus Multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). 2. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood, or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beetle insecticide. It is unlawful for any person to permit any public nuisance as defined in I and 2 to remain on any premises owned or controlled by him within the city of Monticello. Such nuisances may be abated in the manner prescribed by this chapter. (D) Inspection and Investigation: The forester shall inspect all premises and places within the city as often as practicable to determine whether any condition described in (C) exists thereon. He shall investigate all reported incidents of infestation of Dutch Elm fungus or elm bark beetles. (E) Entry on Private Premises: The forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this chapter. (F) Diagnosis: The forester shall, upon finding conditions indicating Dutch Elm infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in (H), no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. (C) Abatement of Nuisances: In abating the nuisances defined in (C), the forester shall cause the infected tree or wood to be sprayed, r ,,caved, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch Elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans its may be designated by the Commissioner of Agriculture. (H) Procedures for Removal of Infected Trees and Wood: 1. Whenever the forester finds with reasonable certainty that infestation defined in (C) exists in any tree or wood in tiny public or private place in the city, he shall proceed its follows: (a I If the forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make n written report of his findings to the Council which shall proceed TREES111u.AMD: 3/14,90 Pnge 4 by ( 1) abating the nuisance as a public improvement under Minnrcota Star , c, Chapter 429, or (2) abating the nuisance as provided in 2 of this section. (b) If the forester finds that danger of infestation of other elm trees is imminent, he shall notify the property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of such notice. The forester shall immediately report such action to the Council; and after the expiration of the time limited by the notice, he may abate the nuisance. 2. Upon receipt of the forester's report required by 1, part (a), the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once not less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. 3. The forester shall keep a record of the costs of abatements done under this section and shall report monthly to the City Clerk all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each. 4. On or before September 1 of each year, the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may Dien spread the charges or tiny portion thereof against the property involved as it special assessment under, innesotn S ntut s, Section 420.101, and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. The City Council of Monticello has determined that the health of the Elm trees within tho municipal limits is threatened by n fatal disease known its Dutch Elm disease. It has further determined that the loss of Elm trees growing upon public and private property would substantially depreciate the l value of property within the city and impair the safety, good order, general TREESIIRU.MID: 3/IV9e Page welfare, and convenience of the public. II, is declared to be the intention of the Council to control and prevent the sAread of this disease, and this ! ordinance is being enacted for that purpdse. 1 It is declared to be the intention of the Co cil to establish a policy for sharing the cost of abatement of Dutch Elm 'sease nuisances with the property owners. The municipal share shall 50 percent and the property owner's share shall be 50 percent. (1) Transporting Elm Wood Prohibited: It is unlawful for any person to transport within the city any bark -bearing Elm wood without having obtained a permit from the forester. The forester shall grant permits only when the purposes of the chapter will be served thereby. (J) Interference Prohibited: No person shall prevent, delay, or interfere with the forester or his agents while they are engaged in the performance of duties imposed by this chapter. 9.3.6: ABUSE OR MUTILATION: No person shall (A) damage, cut, carve, kill, or injure the bark of any tree or plant on any public property; (B) attach any rope, wire, or other contrivance to any tree or plant on public property; (C) dig in or otherwise disturb public grass areas or in any other way injure or impair the natural beauty or usefulness of any area or public property; (D) cause or permit any wire charged with electricity or any-aseous, liquid, or solid substance harmful to trees or plants to come in contact with them. TREESHRUAhMD: 311 VW Page 6