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HomeMy WebLinkAboutFebruary 1, 1979 o o 0 ~' 01 ANDOVER o 16F5 (prmf4tf1'1 11"",," 1!.'UI, . rt~, 1/U-.,.(4 55303 'Pk..e (612) 755-5100 PARK!RECREATION COMMISSION MEETING February 1, 1979 7:30 p.m. AGENDA 1. North Birch Creek Pre. Plat 2. Park related ordinances discussion 3. 1979 grant programs discussion 4. Park site plans 5. Co. Rd. 9 Realignment 6. Northwoods Tennis Court - lighting bids 7. Trail committee 8. 1979 Budget discussion o o o o 0 CITY 01 ANDOVER o o 1685 CROSSTOWN BLVD. N.W. ANOKA, MINNESOTA 55303 (612) 755.5100 REGULAR PARKjRECREATION COMMISSION MEETING - FEBRUARY 1, 1979 MINUTES The Regularly Scheduled Park/Recreation Commission Meeting was called to order by Chairman Mand at 7:40 p.m" February 1, 1979. Commission Members Present: Commission Members Absent: Also Present: LeFebvre, Meyer, Nichols & Rogers Anderson Fran Hagen - North Birch Creek Estates Preliminary Plat Tom O'Malley and Ray Fields - Pine Hills Preliminary Plat Perry Madison Sketch Plan d'Arcy Bosell - Planning & Zoning Commission NORTH BIRCH CREEK ESTATES Mr. Hagen presented a revised preliminary plat showing Lots 1 & 2, Block 1, as proposed park land. They have changed the ponding areas, added Ilex St. and made a few minor changes. They have received a preliminary concept approval from the Coon Creek Watershed District. On the sUbject of the county ditch, Mr. Hagen said the Coon Creek Watershed District saw no problem with terminating easements to public land. They have done two soil borings, one each in Lots 1 & 2, Block 2, which show a ground water elevation of 897 - 3 - 3 1/2 feet of sandy silt. Chairman Mand noted the park land elevation is for the most part lower than 897 which means you would hit water in 1 1/2 - 2 ft. He has checked the area and reported it was impossible to make ~y determination on what type of land it was due to the snow depth. According to a wetland conservation study, most of the area is termed wooded swamps. The soil borings seem to bear that out. The entire Commission felt the proposed park land was much too low to be of any use. Steve Nichols stated, according to the Comprehensive Park Development Plan, there is no need for a park in this area until 1983, perhaps it should be cash in lieu of land on this plat and look for better land in the area. The wetlands map in Chairman Mand's possession was then checked. Most of the area surrounding this plat is termed wooded swampland. In response to a question regarding cash in lieu of land, Mr. Hagen had no figure from the developer since they were under the impression the Commission desired park land. Other park sites were then discussed. d'Arcy Bosell noted Lots 1 & 2, Block 1 and Lot 1, Block 3 looked pretty dry. The aerial map was checked - Most of Lots 1 & .2, Block. 1 are clear of trees, Lot 1, Block 3 is wooded. The western part could be graded at the time of street construction to create a ballfield; the eastern part could be considered a passive area. d'Arcy Bosell suggested removing Evergreen St. south of l67th La. and extending Flintwood. They would gain a little less than 1/2 acre for the park and not have the expense of constructing the road; the lot lines to the ea~ could then change, possibly creating four lots. However, the resulting street would be longer than the 1320 ft. maximum. Mr. Hagen stated a variance would then be needed and they were hoping to avoid this procedure which is why they extended Ilex St. d'Arcy Bosell said if the Commission gave strong reasons to the Engineer for not extending Evergreen, maybe they would go along with it. One reason is that it is not wise to have park land on both sides of the street which creates a safety hazard. When the area is developed to the south, park land could be requested ,()' abutting these lots creating a larger park. An alternative would be to come to some agreement with the Engineer to put the street in at a future date if the need arises. If, Mr, Klous, the developer, was agreeable to this, the park would be close to 12 acres. Any shortage could then be cash in lieu of park land or site preparation in lieu of cash to grade the P.ark/Recreation cor...... )ssion Me( 'pP' )jebruary'l, 1979 - Minutes - Pa--ge #2 " '\ U u the western part as has been recommended in the Pine Hills preliminary plat. Mr. Hagen asked if any excess fill was generated during site preparation for a ballfield, could they , ~use it on the residential lots? The answer was yes. Mr. Hagen will check with Mr. Klous ~about this proposal and make some overlays of the proposed changes which would eliminate drawing the preliminary plat. He will also obtain a suitable cash settlement figure in lieu of park land from Mr. Klous. Mr. Hagen advised Mr. Klous and he will be present at the February 13th Planning & Zoning Commission meeting. The Park/Recreation Commission decided to hold a special meeting on that date at 7:00 p.m. in order to make a recommendation. PINE HILLS PRELThUNARY PLAT Mr. O'Malley has incorporated park grading in the grade plans for this plat. About a 150 ft. row of pine trees will have to be removed. Since many trees will have to be removed for the street construction, it was felt that Staff should be advised of a starting date in order to arrange for a tree spade to move the street trees into the park. This should pose no problem as the Engineers will be in the area at the time. It should take them about three weeks to construct the roads. Glen Rogers stated in renting the County's tree spade, you only pay for the County man's time, not for the equipment. Chairman Mand suggested that the pine trees be replaced and a wind break on the north edge of the park. If time permits, some could also be transplanted in nearby Fox Meadows. MOTION by Rogers, seconded by Meyer, to recommend the City Council approve the grading plans for the ballfield in the proposed park shown on the Pine Hills Preliminary Plat as incorporated in the grading plans presented to the Commission by Mr. Tom O'Malley on February 1, 1979. Further, the balance of 1.2 acres be cash in lieu of land, in the amount of $1100.00, and that this money be spent by the developer for the grading and/or excavating the park as shown on the previously mentioned grade plans. Discussion: d'Arcy Bosell suggested that Mr. O'Malley sign and date the file copy of the grade plans, which he did. Chairman Mand questioned if a money amount should be specified in the motion. The Engineers have given an estimate of $1.25 per cu. yd. The bill could run $1500.00. However, possibly that figure included the hauling in of the heavy equipment which, in this case, will already be there. Mr. Fields agreed to an even trade, they will do the grading even though it might cost more than $1100.00. Motion carried unanimously. Mr. O'Malley requested the secretary to ask the City Clerk to put this item on the City Council's February 20th agenda. PERRY MADISON SKETCH PLAN This sketch plan consists of 20 proposed lots, 2.5 acres or larger, abutting Hawk Ridge on the west side. d'Arcy Bosell explained she talked to the developer who is in Texas Saturday. He wishes to know the Park Commissions feelings on park land or cash in lieu of park land before proceeding with the preliminary plat. Chairman Mand suggested perhaps the developer could trade lots with Mr. Carlson and dedicate park land such as Lots 2 & 3, Block 4, Hawk Ridge, making this park larger. d'Arcy Bosell didn't think this would be feasible as some of the lots surrounding the park have trees on them making them higher priced. Since Hawk Ridge park is large and close, the Commission felt they would lean more toward cash in lieu of park land on this plat. d'Arcy Bosell said she would confer with the developer for a money amount on non-green acres valuation. The length of the lease for the Hawk Ridge Park was then discussed. A copy of this lease was not readily available; d'Arcy Bosell said she would check on the wording of this lease. VICE-CHAIRMAN CJ Chairman Mand thought someone should be appointed vice-chairman in case of his absence. The most logical one would be Glen Rogers. If both of them were unable to attend, who would chair the meeting? It was decided the person with the most seniority would chair the meeting. .) (" \ ~ark;necreation C~ssion M6~ng .February 1, 1979 - Minutes - Page #3 ,- '\ U o MEETING ATTENDANCE - ) Gary Anderson has missed three consecutive regularly scheduled meetings, therefore, there are '- now two positions open on the Commission. Break 10:00 p.m. - Reconvene 10:15 p,m. Chairman ~Aand suggested the rest of the agenda items be carried over to another meeting with the exception of Park Ordinance Discussion. PARK ORDINANCE DISCUSSION Add 1.6 - Fees and deposits shall be reviewed by the Commission on an annual basis and a recommendation made to the City Council. 2.15 - change to read, "...motor vehicles as defined in Minnesota Statute, Chapter 169, other self-propelled vehicles, go-carts...". 2 .16 - delete word "motorized". 2 .19 - d' Arcy Bosell thought the wording "alms or contributions" was redundant. 2.20 - change approved by Park Commission to approved by City Clerk. The Park Commission cannot approve anything, they can only recommend. In the exclusive use portion, delete specified money amounts for deposits and user fees and incorporate the words "as set by City Council Resolution". The reasoning behind this is that it is much easier to change a resolution than an ordinance if such fees have to be raised due to inflation. An exception to this is the user fee of $5.00 per person for the season and $1.00 per person per scheduled game under Nonresident Nonsanctioned Leagues; the season deposit could be raised. 2.2l-A.-2. - A sentence,. or clause, should be added allowing for a public hearing with the Council in the event there is a dispute between Staff and the reserving organization over the condition of the facilities upon departure. This will be researched. 2.2l-A.-5. Delete the words "of all". Legally you cannot reserve an entire City park and exclude people not involved in the organized activity. Change the words "or its, to "and their guests." 2.2l-B. Add "adhered to: 1. The reserving party must make a reservation at least two (2) weeks in advance of use and change the other numbers accordingly. The secretary was asked to check on the length of the Lions Club lease. 2.2l-B.-5. Delete the second sentence and add it to 6. 7.- Discussed was adding a per tournament cost or pro-rating the license. Glen Rogers said in Coon Rapids there was a case of one beer license purchasffiand ten tournaments held; they have since changed their ordinance. It was felt this could be covered in the resolution and not spelled out in the ordinance. Add at end of sentence as set out by City Council Resolution. The secretary was asked to check out the length of the Lion's Club lease. 9. Change to read Local athletic associations or other.... C. Add 1. A. to read "All dep9sits and/or fees shall be set by City Council Resolution. This would eliminate the need of repeating this statement throughout the paragraphs. Add a separability or a validity clause. Also type the option first and the entire exclusive use portion after the option. CO. RD. 9 REALIGNMENT This seems to be a dead issue. No action was taken. SEEDLING PURCHASE The secretary was asked to order 600 green ash seedlings. PARK SITE PLANS Chairman Mand stated plans should be made so problems such as the tennis court wiring could be ()eliminated. Glen Rogers commented perhaps the City could erect a combination well house/ ~_ warming house behind the existing hockey rink. This would be a cost shared item between the Fire Department and the Park/Recreation Commission. MOTION by Nichols, seconded by Meyer, to adjourn. Meeting adjourned 12:05 a.m. Respectfully submitted: Rae Ellen Bakke, Secretary u eM 01 ANDOVER o o ~ Q MEMORANDUM TO: Planning & Zoning Commission COPIES TO: FROM: Park/Recreation Commission DATE:: February 6, 1979 REFERENCE: Proposed Park Ordinance The attached proposed park ordinance is now ready for your reviewal. IU.k7 ~.azI/ Wes Mana, Chairman Park/Recreation Commission ) \ ) \. / () CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o u 2-6-79 ROUGH DRAFT ORDINANCE NO. " ') ~~AN ORDINANCE ESTABLISHING A PARK COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCmENT: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Andover does hereby ordain: SECTION 1. There is hereby created a Park Commission. 1.1 CCMPOSITION The Parks Commission shall consist of seven (7) members. The members shall be appointed by the City Council by a majority vote. A member may be removed from any time by a majority vote of the City Council. A. Terms of Office The seven (7) Commission members shall be appointed for a three year term, Terms shall expire on January 1. Original and successive appointees shall hold their offices until their successors are appointed. Vacancies during a term shall be filled by the City. Council for the unexpired portion of the term. Absences B. Three consecutive unexcused absences of a member from duly called Commission meetings shall constitute automatic resignation from office. Determination that an absence is unexcused shall be in the discretion of the Commission Chairman. C, Compensation All Commission members shall serve with such compensation as may be set by resolution of the City Council 1.2 PARK CO~~ISSION CHAIRPERSON The City Council shall appoint a Chairperson from among the appointed Commission members for a term of one year; the Commission may create and fill such other offices as it may deem necessary for its own administration. The Commission Chairperson shall attend City Council meetings upon the request of the City Council. 1.3 l{EETINGS The Park Commission shall hold two regular meetings per month on the first and third Thursdays of the month, The Commission may hold as many additional meetings per month as tqe City Councilor Park Commission may deem necessary, The Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings. 1.4 This Commission shall study and advise the City Council concerning the City parks and recreation programs. 1.5 The Commission is responsible to the City Council for all property and programs relating to parks and recreation. The Commission shall be responsible for coordinating maintenance, improvements, upkeep and operation of all public parks. 1.6 Fees and deposits shall be reviewed by the Commission on an annual basis and a recommendation made to the City Council SECTION 2. The use and occupancy of public parks and recreation areas owned,rented and/or leased by and located in the City of Andover shall be subject to the following regulations: , " " J -~ v r,) I, o u 2.1 No firearms, air rifles, B.B. guns, sling shots, explosive or fireworks shall be brought into or used in park areas. ~ 2,2 Gambling, excessive use of alcoholic beverages or abusive, boisterous, profane or indecent language, conduct or attire will not be allowed, 2.3 No person shall possess, display, consume or use narcotics or drugs in any park. (Drugs sha~ mean any controlled substance, as definted by Chapter 152 of Minnesota Sta~~ and successor Statutes, the possession of which is a violation of Minn'ksota Statutes 152.09 and successor Statutes.) 2.4 No advertising, selling or soliciation is allowed in parks or recreation areas. A. An Exclusive Use Permit may be approved by the City Council and issued by the City Clerk for the selling of food, alcoholic or non-alcoholic beverages as set out in Section 2.21. 2.5 Pets must be kept leashed or under control. Horses will be allowed only in designated areas. No person in a park shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall any person remove or have in his possession the young of any wild animal or the eggs or nest or young of any reptile or bird; exception to the foregoing is made in that snakes knovm to be poisonous, such as rattle snakes or other hazardous to human safety may be killed or removed. No person shall give, offer or attempt to give to any animal any tobacco, alcohol or other known noxious substance, 2.6 It shall be unlawful to remove, cut or otheTIilse deface any tree or ground cover with any park without consent from the Park Commission and written permission from the City Clerk or her representative. 2.7 It shall be unlawful to willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, playground equipment, tables, benches, fireplaces, railings, paving or paving materials, public utilities or parts or appurtenances thereof, signs, notices (whether temporary or permanent), monuments, stakes, posts, equipment, facilities or park property or appurtenance, whatsoever either real or personal. 2.8 It shall be unlawful to litter, cast, bring in and dump, or allow rubbish or trash of any nature to remain undisposed in or about any park. 2.9 It shall be unlawful to throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, stream, river, bay or other body of water, whether in or adjacent to any park or any tributary stream, storm sewer, or drain flowing into such water, any substance, matter or thing, (liquid or solid) which will or may result in pollution of said water. 2.10 It shall be unlawful for anyone to interfere with the Park Commission or their appointed representatives in the performance of their duty. 2.11 Active games shall be limited to designated play areas. ~ 2.12 No person or persons ,shall engage in racing or playing of any games which interferes with the general use of designated play areas. This section shall be construed, but not limite~ to prohibit the use of sled, toboggans, snowmobiles on any skating rink, or other such conflicts of use. (J CJ Q / \ U 2.13 It shall be unlawful to ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, or as posted, in City parks. ()14 Drivers shall confine the operation of any motorized vehicle to roads, parking areas, or such other areas as may specifically be designated as a temporary parking area by the City Council and/or their designated representatives. 2.15 It shall be unlawful for any self-propelled vehicle, including but not limited to motor vehicles as defined in Minnesota Statute, Chapter 169, other self-propelled vehicles, go-carts, and snowmobiles, to travel within City parks, except on established roadways, trails, or other areas designated for such purpose within said parks. 2.16 It shall be unlawful to leave a vehicle standing or parked after 11:00 p.m. at night and before 6:00 a.m. in the morning except under the following conditions: A. When camping in an area designed for such purpose. B. When participating in an activity for which a permit has been granted by the City of Andover 2.17 Public parks and recreation areas shall not be occupied or used between 11:00 p.m. and 6:00 a.m. the following day except under the conditions outlined in Section 2.16. 2.18 It shall be unlawful to build or attempt to build a fire except in such areas as designated for such purpose. No personal shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable material within any park area on on any highway, road or street abutting or contiguous thereto. 2.19 It shall be unlawful to solicit alms or contributions for any purpose, whether public or private within any park area. 2.20 It shall be unlawful to paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park unless approved by the City Clerk. OPTION 2.21 No person or organization shall use a park or park area for group celebrations, meetings, entertairunent, etc., which are considered "exclusive use", except through use of a permit issued by the City Clerk. 2,21 In order to insure the enjoyment, convenience and safety of group recreational activities and to prevent over-crowding of specific areas, the City Clerk shall schedule limited reservations for exclusive use of recreational facilities, A. Persons or organizations desiring the use of recreational facilities for group celebrations, meetings, etc. shall make a reservation at the City Clerk's office. Should a reservation be granted for an activity interpreted to be an "exclusive use", or should extra expenses be incurred by the City, or ~ both, the following procedure shall be followed: o u () , \ 'v ') '--J 1. The reserving party must be a resident of the City of Andover and reservations must be made at least two (2,) weeks prior to date of use. First come, first served; City athletic organizations have priority. 2. The reserving party shall deposit an amount as established by City Council resolution which will be refunded in part or totally following the activity depending on the condition of the facilities upon departure. 3. Lost or damaged equipment must be replaced by the reserving party. The cost shall include labor for installation. 4. The reserving party shall provide police coverage if required by law or ordinance. 5. "Exclusive use" shall be defined as the reservation of a portion of a park, playground or other facility for one or more days, or for a special number of hours within a given day or days. Such "exclusive use" shall be limited to the use of the individual, or organization, for whom the reservation is made for his, and their, guests. B. The City of Andover and non-profit civic organizations will be permitted to sponsor and/or conduct tournaments with concessions in publiccathletic areas. Authorized organizations desiring to sponsor and/or conduct a tournament will make a written application to the City Clerk's office where the following policies and procedures shall be adhered to: 1. The reserving party must make a reservation at least two (2) weeks in advance of use. 2. The City shall be reimbursed for all additional costs incurred for field maintenance and sanitation services. 3, A user fee shall be charged for all tournaments to be deposited in the Park/Recreation treasury. (a) Inasmuch as the design, establishment and installation of the Lione Field located at the Andover Community Center was afforded the City by the Andover Lions Club at no cost to the City; and, where the profits from all concessions are to be alloted to the City of Andover for betterment of City parks, no user fees are to be charged for any tournaments promoted or sponsored by the Andover Lions Club. All other procedures will be followed as outlined. This policy is to be in effect for the term of the Lions Club Lease. 4. A minimum deposit shall be made which will be totally, or in part, refunded following the activity depending on the condition of the facilities upon departure. 5. Municipal vehicles will not be made available to reserving organizations. , ) '-- 6. Lost or damaged equipment must be replaced by the reserving organization. The cost shall include labor for installation. 7. A beer license may be purchased from the City of Andover as set by City Council ~esolution. o u o , \ V . ' " . \ ,--/ 8. Police coverage must be provided by the reserving organization if required by law or ordinance. 9. The City reserves the right to regulate and control the number of tournaments conducted. Local athletic associations or other City organized athletics will have priority. C. EXTENDED USE - FEES AND SCHEDULING 1. The reserving party must be a resident of the City of Andover, and reservations must be made at least two (2) weeks prior to date of use. First come, first served; City athletic organizations have priority. A. All deposits and/or fees shall be set by City Council Resolution. 2. Resident Sanctioned Leagues within the City of Andover will not be charged for league play but will make a deposit for use of the facilities which will be refunded totally, or in part, depending on the condition of the facilities at the end of the season. To qualify as a resident team, 50% of the team roster must be residents of Andover. The roster must be submitted to the Clerk when the reservation is made. 3. Nonresident Sanctioned Leagues will pay a season deposit which will be refunded totally, or in part, depending on the condition of the facilities at the end of the season. In addition, they will be charged a user fee of $5,00 per person for the season and $1.00 per person per scheduled game. This will be payable in advance at the time of reservation. 4. Resident Nonsanctioned Leagues will pay a season deposit which will be refunded totally, or in part, depending on the condition of the facilities at the end of the season. To qualify as a resident team, 50% of the team roster must be residents of Andover. The roster must be submitted to the Clerk when the reservation is made. 5, Nonresident Nonsanctioned Leagues will be allowed to use the facilities if time and space allow. They will pay a season deposit which will be refunded totally, or in part, depending on the condition of the facilities at the end of the season, In addition, they will be charged a user fee of $5.00 per person for the season and $1.00 per person per scheduled game. This will be payable in advance at the time of reservation. D. GRIEVANCE - When any grievance comes to the attention of the City Clerk, the City Clerk shall discuss all relevant circumstances with those persons involved, or their representatives if the City Clerk so desires, consider and examine the causes of the grievances and attempt to resolve it to the extent that the City Clerk has authority to do so. If the grievance is not dealt with satisfactorily at that level, the grievance may be carried up to the next higher administrative level, including the City Council. .r- "'\ , , ' ~, <J () u '0 . . . . SECTION 3. Validity Clause. " '-,.' If any section, subdivision, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION 4. Violation and Penalty Any person, firm or corporation violating of any of the prOV1Slons in this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment as established by law. SECTION 5. Effective Date This Ordinance shall take effect upon adoption and publication as required by law. Adopted this day of , 19 s!Mayor Attest s/Clerk/Treasurer r--', : ) \...J- F 254 Rev.6n5 u APPL(')I0N FOR FOREST TREE PLANTING ST()' TO b~~hANTED ON PUBLIC LANDS UNDER TH~ PROVISIONS OF CHAPTER 94, SESSION LAWS 1947. u ~ ORDER NO. Department of Natural Resources Director, Division of Forestry , """"\ Centennial Office Building ,-...../658 Cedar Street St. Paul, Minnesota 55155 We, being a political Subdivision of the State, propose to make a forest plantation upon tl.e following lands, which have been set aside and dedicated to forestry or coXervation x:poses. X City of Andover '/forty ,tfc. Twp._Range , County of Aneka X Kindly mark an X opposite the forest classification most applicable to your intended plantation. State Forest Municipal ~ Parks X Roadside Forest State Park Wildlife Habitat County Forest School Forest NO ORDER will be accepted for LESS THAN 500 TREES ORDER TREES IN UNITS OF 100,500 OR 1,000 NUMBER > KI NO OF TR EES OF ~ SPECIES NO. OF TREES TREES 0 X 1. ". t.",., ,;nn !!I 2. !:: 3. w 4, I- 5. ~ 6. w C 7. !!; 8. I&. AGREEMENT In consideration of the furnishing of said trees by the State of Minnesota for reforestation and other conservation purposes prescribed by law, 1 hereby agree to accept same upon the following conditions: I. Said trees shall be planted only for the purpose of auxiliary forests, wood lots, windbreaks, shelter belts, erosion control, soil conservation, water conservation, permanent food and cover for wild life, afforestation upon the above described lands. (Underscore use deemed most important.) 2. Said trees shall not be used for raising fruit for human consumption or planting for ornamental purposes. 3. It is unlawful for any person to use or permit the use of any of said trees for any purpose not authorized hereunder, or to sell, give, remove or permit the removal with roots attached of any tree planted from stock furnished hereunder for replanting on any ground other than the legal description listed in the original application or for any unauthorized purpose, subject to the penalties prescribed by law. 4. I agree to obtain said trees immediately after arrival of shipment at destination, to take proper care thereof to prevent injury or deterioration, to plant the same promptly and properly and in accordance with any instructions accompanying shipment, and to protect all plantations of said trees from fire, trespass, ,grazing by domestic livestock and other destructive agencies so far as is practicable. 5. The Commissioner of Natural Resources or his agents shall have access to all plantations of said trees for the purpose of inspection. 6. It is understood that trees from state nurseries will be shipped express collect, transportation charges to be paid by the consignee upon receipt, except where other arrangements have been specifically made well in advance of tree shipment. 7. The right is reserved by the Commissioner of Natural Resources to reduce or cancel orders if sufficient stock is not available for an ca e. HIPPING INSTRUCTIONS MUST BE COMPLETE - INDICATE HOW YOU PLAN TO RECEIVE TREES l.~We have arranged for truck pickup; give name of/arty with whom you have arrange for trock pick up Ray Sowada 2. [i]we will pick up trees at nursery Date February 8 ,19 ~ No applications accepted after March 15. >< SIGNATURE r\r''d: ,SI"-fr? o)Jp>--- X TELEPHONE: 755-5100 AREA CODE Address 1685 Crosstown Blvd. N.W. Phone 755-5100 )(PrintName , ',. '- j Representing X YOUR ADDRESS 'f CITY/TOWN Ray Sowada Andover Park/Recreation Commission STATE ZIP FOR DEPARTMENT USE ONLY ~ounty ~lI" Date b. Trans. No. 5h;P Month Year I I 1 Name of Agency 1685 Crosstown Blvd. N.W. Anoka, Minn. 55303 62 63 64 65 66 67 68 69 70 71 72 73 74 BO !:end original and one copy to St. Paul NA.{)2098.{)1 (F.234) Rev. 8/78 u MINNEr--'A DEPARTMENT OF NATURAL RESOU-"S U DIVISION OF FORESTRY V ST. PAUL. MINNESOTA 55155 PRICE LIST FOR FOREST TREE PLANTING STOCK SPRING 1979 o o Under authority of Minnesota Laws 1947 Chapter 94, tree seedlings are sold to individuals to be planted for the purpose of afforestation or reforestation for woodlots, windbreaks, shelterbelts, erosion control, soil and water conservation, for per- manent food and cover for wildlife. In addition, the trees may not be planted for ornamental purposes, nor can they be resold, given away, or be removed with roots attached. The minimum order, which is established by law, is 500 trees. Trees ordered in lots of less than 500 per species will be paid for at the unit price per 100. Ordets for tree stock will be accepted SEPTEMBER 1 thru MARCH 15. It is recommended that your tree order be placed early to be assured of obtaining stock desired. NOTE: Orders for tree. stock to be planted in Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, Martin, Mower, Olmsted, Rice, Steele, Wabasha, Waseca, and Winona Counties will close on January 31. No orders for the 14 counties listed above will be accepted atter that date. The commissioner of Natural Resources reserves the right to reduce or cancel order if sufficient stock is not available for any cause,. whereupon remittance will be adjusted or refunded accordingly. 00 NOT ORDER A TOTAL OF LESS THAN 500 TREES. IF MORE THAN ONE SPECIES IS DESIRED ORDER TREES IN UNITS OF 100,500, 1000 OR PACKETS (WHEN AVAILABLE) CONIFEROUS SPECIES TRANSPLANTS UNIT PRICE UNIT PRICE UNIT PRICE PER THOUSAND PER FIVE HUNDRED PER HUNDRED $35.00 $17 .50 $6,00 35.00 17.50 6.00 35.00 17.50 6.00 35.00 17.50 6.00 35.00 17.50 6,00 35,00 17.50 6.00 35.00 17.50 6,00 35.00 17.50 6,00 35.00 . 17.50 ' 6.00 $60.00 $30.00 $8.00 60.00 30.00 8,00 60.00 30,00 8,00 60.00 30.00 8.00 60.00 30.00 8.00 60.00 30.00 8,00 60.00 30.00 8.00 60.00 30.00 8,00 $85.00 $42.50 $12,00 85,00 42.50 12.00 85.00 42.50 12.00 85.00 42.50 12.00 CONIFEROUS SPECIES SEEDLINGS ~wl.l._ rJ "..."n.,., fl.._ J I r: f_ .d~. _ P-. ...1.1.... 8... u. II "6r-o 8...1_ ...J\.. no- ."",,"a~_ ~'7UI..r', DECIDUOUS S~ECIES SEEDLINGS ~f"t\..~ -r .-' r Green Ash. ' oBlack. Walnut lIv...,o I'.T . ') Caragan. B fr', n ~ g" ... ..... '..........aJ"~ .nl"urJi~ -WM,....8".._ ~J i, ..........,-.l)s..lrli.........,...n I It - A ':'....17' Suitable for both tYpes of plantin9' and contain: 100 each of Colorado Spruce transplants, Caragana, Graen Ash and 200 Ho~eysuckla (500 Plants), PACKET PRICE $45.00 each SHIPPING INSTRUCTIONS Information for shipping of trees must be completed on the application form. Shipping charges will be paid by the purchaser. See back of this form for further details on shipping or contact any District Forester, Extension Forester, County Agent or ASCS Office. INFORMATION Tree planting information may be obtained from the Department of Natural Resources, Forestry field offices, Extension Forester, or through the Director, Division of'Forestry, Centennial Office Building, St, Paul, Minnesota 55155. .Poplar is a mixture of various varieties. Growth characteristics may vary in each lot ordered. "Black Walnut is not suitable for planting statewide, sales will be limited to those counties of Southern Minnesota con. sidered within the natural range of this species. o For location of nursery shipping trees to your county, see, back of sheet. u o o o .. . ~ - .. LAW OFFICES OF o Burke ond Jlowkins eZ8 HIGHWAY 10 N.E, BLAINE, MINNI!SOTA 85434 JOHN M. BURKE WILLIAM G. HAWKINS "HON!! tel Z) 784.a... February 6, 1979 ~y d'Arcy Bosell, Chairman Planning and Zoning Commission 2942 - l8lst Avenue NW Cedar, Minnesota' ,55011 Re: Ordinance 10D Dear d'Arcy: I have had an opportunity to review the proposed'Subdivision Ordinance Amendment 10D and offer the following comments. First is merely a procedural item concerning the heading of the ordinance. We are not amending Ordinance IDA, Band C since.they do not refer to Section 9.07. Therefore, the title should be An Ordinance Amending Section 9.07 of Ordinance 10. Also, in Section 9.07.1 reference is made to Minnesota Statute 462,358, as amended in Chapter 176, Laws 1973. Minnesota Statute 462,358 was originally adopted in 1966 and has been amended a number of times including Laws, 1973 and years thereafter. I would merely make reference to the section by saying "pursuant to Minnesota Statute 462.358, as amended." ~J In Section 9.07.1 of the proposed ordinance, it indicates that the City may require developers to dedicate land for park and playground purposes. The statute under which the City has the authority to require a dedication of property upon subdivision also allows the City to require dedication for public open space, storm water holding areas or ponds. Since it is conceivable that in some subdivisions we may want to require dedication of ponding areas if City storm sewer is not available, the Planning Commission may consider adding these additional purposes. Also under Section 9.07.1 it indicates the form of contribution could be cash or land, or any combination thereof upon decision of the City. The enabling legislation which authorizes municipalities to require dedication states that we have the authority to ask for a reasonable portion of the proposed plat to be dedicated 'for parks, etc., or that the subdivider contribute an equivalent amount in cash based upon the fair market value of the undeveloped land. There is no other additional language in this statute that would seem to indicate the City would have the authority to ask for a combination of land and cash. Therefore, I would recommend that the reference thereto be stricken from the proposed ordinance. .. COpy fOR YOUR mFORr.1AnOU r u o o u ~ o d'Arcy Bosell, Chairman Page 2 February 6, 1979 Upon reading 9.07.3, I initially understood that to mean that the Park and Recreation Commission would adopt standards for determining what size of land area from each development would be required to be dedicated. I did not understand the purpose of that section since 9.07.12 seemed to indicate the area requirements. Upon second reading, I now interpret this section to mean that the standards relate to which area within a plat the Council will consider for land dedication. If this is the intent, perhaps this section could be clarified slightly to avoid confusion with 9.07.12. In Section 9.07.7, it provides the City shall not be required to act or disapprove the plat for a period of 90 days after all of the provisions of the Subdivision Ordinance have been met in order to consider a possible acquisition of additional property for parks by the City or other governmental units, Minnesota Statute 462.358, Subd. 3, requires that a city approve a plat within a period of 60 days following the pUblic ,hearing. These two time periods would appear to conflict and, therefore, I would recommend that this section be revised to conform with the 60 day requirement. It should be noted that Section 9.07.9 does conform with the provision of Minnesota Statute authorizing communities to take into consideration areas provided by the subdivider for the exclusive use of the residents of the subdivision. Section 9.07.10 provides that Park and Recreation shall establish a separate fund into which all cash contributions received are to be placed. The City Council is the only body which has the authority to establish the separate fund and the ordinance should be amended accordingly, Also, the statute requires that the monies received fron park dedication be held in a separate fund only for the purposes set out in 9.07.10. Finally, under the section dealing with dedicated land, the proposed ordinance provides that for residential areas with dwelling units per acre of six or less you are to add one per cent of the dedication requirement for each additional dwelling unit per acre over five. I would interpret this to mean the addition of one per cent of the original ten per cent requirement. Is this the intent of the Planning Commission or are you planning on adding on one per cent to the ten per cent, i.e., eleven per cent for each additional dwelling unit over five acres. o o o , u -! '. o o o .. d'Arcy Bosell, Chairman Page 3 February 6, 1979 The remainder of the ordinance appears to conform with the law and I would recommend its adoption. Sincerely, LJ , WGH/bm cc: Pat Lindquist P.S. I have also included a fairly recent Minnesota Supreme Court decision for your information. W.G.H, f .. t l r , ) u n CfrY 01 ANDOVER o o f) \..... MEMORANDUM TO: Mayor and City Council COPIES TO: City Clerk, City Engineer, City Attorney FROM: Park/Recreation Commission DA TE:: February 8, 1979 REFERENCE: Pine Hills Preliminary Plat The following motion was made at the ParkjRecreation Commission meeting February 1, 1979 and is for your consideration: MOTION by Rogers, seconded by Meyer, to recommend the City Council approve the grading plans for the ballfield in the proposed park shown on the Pine Hills Preliminary Plat as incorporated in the grading plans presented to the Commission by Mr. Tom O'Malley on February 1, 1979. Further, the balance of 1.2 acres be cash in lieu of land, in the amount of $1100.00, and that this money be spent by the developer for the grading and/or excavating the park as shown on the previously-mentioned grade plans. Note: This motion is basically the same as the motion made on January 4, 1979, however, overlooked were the words "and that such leveling be inspected by the City Engineer before final approval is made". The Commission does recommend the site inspected so please incorporate both motions. (~ YlU,I Wes and, Chairman Park/Recreation Commission /j '-- o () (,ry of ANDOVER 00 M E M 0 RAN 0 U M r., '-./ TO: Park/Recreation Commission COPIES TO: FROM: Rae B. DA TE:: 2-9-79 REFERENCE: Misc. Haste makes waste - there are three correctiorsto be made on the 2-1 minutes. 1st page, second~ragraph - eas should be east and Mr. Hagen stated a variance, not Mr. O'Malley - Perry Madison sketch plan - 2.5 acres or larger not 215 acres. Enclosed is the overlay Mr. Hagen was talking about. AI Klous wants to get fill in there as soon as possible since the equipment won't be able to get in after it thaws because it is so wet. Also if they don't get some other revision in before Tuesday they are not on the agenda. Once the fill is in, it has to settle for a long time - I heard 6 months at one point and 2 years at another - before any building permit can be issued - has to do with depth of septic systems. According to the City Attorney, any money in lieu of park land has to be placed in escrow if it is set aside for the development of a certain park. This affects Wobegon Woods and Kadlec for dredging White Oaks; Pine Hills for ballfield and possibly North Birch if you decide on park land. The Council appointed two park board members. Sharon Anderson and Gary Longbella, ) .~' / .. ~- 't[f (' ..j