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2000-09-14 Parks and Rec Comm Agenda PacketHof Please note the change m meeting date and time! CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA PARKS AND RECREATION COMMISSION September 14, 2000 7:00 p.m. -Large Conference Room 1. Call to Order 2. Roll Call 3. July 11, 2000 Minutes 4. Capital Improvement Plan for Fiscal Yeaz 2001 through 2005 5. Storm Drainage Improvement at Roger's Lake Pazk 6. Request for Development of a Dirt "Mountain Bike" Ramp 7. Playground Site Reviews 8. Use of Low or "0" Phosphorous in Lawn Fertilizers 9. Updates Projects in Progress July/August Recreation Report Police Report (Available Thursday) 10. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at (651) 452A 850 with requests. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES JULY 11, 2000 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, July 11, 2000, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 6:30 p.m. The following Commissioners were present: Chair Richard Spicer, and Commissioners Jay Liberacki, Ann Connelly, Lawrence Craighead, and Raymond Morris. Commissioner Dave Libra arrived late. Commissioner Stan Linnell was excused from the meeting. City Staff present were Parks Project Manager Guy Kullander, Recreation Programmer Mary Hapka and Administrative Assistant Patrick C. Hollister. Mr. Hollister took the minutes. MINUTES Commissioner Moms moved approval of the June 13, 2000 minutes. Commissioner Liberacki seconded the motion. AYES: NAYS: (Commissioner Libra amved at this point.) PARKS ITEMS FOR 2001/MENDAKOTA PARK NETTING Mr. Kullander enumerated the parks items that were in the draft 2001 budget which will be presented to the Council at the budget workshop. Mr. Kullandera lso explained that some Councilmembers had asked that the Parks and Recreation Commission re-examine the question of protective netting to stop foul balls at the Mendakota ballfield complex. The Commission discussed the Mendakota Park netting and the other parks projects for 2001 and directed Mr. Hollister to draft a letter to the Council from Parks and Recreation Chair Spicer enumerating the following points: 1. The Parks and Recreation Commission would like to thank the Council for recently approving the replacement of the deteriorated Marie Park playground equipment with new equipment. The Parks Commission is concerned that several pieces of playground equipment in Mendota Heights are in need of the same replacement that the Council approved recently for Marie Park. 2. The Parks Commission prefers not to make a recommendation on the Mendakota Park Netting or any other additional parks expenditures until the Commission knows whether and/or how much the Council will contribute to the Special Parks Fund in 2001 and subsequent years. In order to discuss the future of the Special Parks Fund, the Parks and Recreation Commission wishes to send a representative to the Council's budget workshop in August. 4. The Parks and Recreation Commission wishes to work together with the Council in order to make Mendota Heights a better place to live. Mr. Hollister said that he would fax a draft of this letter to Chair Spicer by the end of the week. ADJOURN Motion made to adjourn by Libra and seconded by Spicer. AYES: NAYS: The meeting adjourned at 8:00 p.m. Respectfully Submitted, Patrick C. Hollister City of Mendota Heights fir[ September 8, 2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Managerie Subject: Capital Improvement Plan for Fiscal Year 2001 thru 2005 Background: Development of a current Five Year Capital Improvement Plan was tabled by the Commission until a determination of funding capabilities from the Special Park Fund, the City's General Fund or some other source could be determined. The City Council has directed that for the next three years all income revenues the City receives from Cell Phone companies with antennas attached to the Water Tower will go the Special Park Fund. This will result in a $60,000.00 per year contribution to the Fund. The City Council requested the Commission develop a Capital Improvement Plan that will be presented to the Council for consideration. Discussion: The Commission has listed, prioritized, canceled, or tabled many projects the past several years, often because of lack of funding. At the next Commission meeting I will attempt to compile a complete list of all projects previously discussed and present them in a format so that those the Commission wishes included in a Five Year Plan can be prioritized and a year designated for completion assigned. I will also present an update of the current status of the Special Park Fund and try to predict future fund balances with inclusion of the new revenues pledged to the Fund by the City Council. Action Required: Be prepared to discuss priorities of various projects under consideration for inclusion in a Five Year 2001-2005 Park Capital Improvement Plan to be presented to the City Council for adoption. City of Mendota Heights lul_"PiL�7 To: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager � Subject: Storm Drainage Improvement at Roger's Lake Park Background: Adjacent to Wagon Wheel Trail is a small pond, which drains into Roger's Lake first through a culvert, then along an open ditch, then into a second culvert that empties into the lake. The open ditch is about three feet deep and fifteen feet wide and lies between the two timber -bordered play areas. Terry Blum, Parks Leadperson, has requested the Commission consider the installation of a new culvert that would connect the existing culverts thus eliminating the ditch that would be filled in level with the existing turf. This will result in a large level turf area for activities and would make the maintenance of the area easier for the parks crew. Cost /Funding The open ditch area is approximately one hundred and twenty feet in length. Installation of PVC culvert pipe tying the two culverts together will cost from $4,000 to $6,000,00, A contractor would be hired to install and connect the storm pipe and City crews would restore the site by filling in the ditch, adding topsoil and seeding all disturbed areas. Funding of this improvement could come from the Special Park Fund. Recommendation I recommend the Commission consider the request from Terry Blum. If the Commission determines that this improvement will enhance recreational activities in Roger's Lake Park they should make a recommendation to the City Council that this project be completed this fall. City of Mendota Heights Memo September 8, 2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager Subject: Request for development of a Dirt "Mountain Bike" Ramp I received a letter requesting the City consider construction of a "dirt vert ramp" in what I believe to be North Kensington Park. I wrote the individual requesting additional information, but to date I have not heard back from him. His letter and my response are attached. Action Required; None. This is for information only. m City of Mendota Heights August 29, 2000 V�Q� Matt Gregorie 2452 Pond Circle East v Mendota Heights, Minnesota 55120 Dear Mr. _Gregorie, Your letter, requesting the City to construct an area for "Mountain Bikes", must go before the Parks and Recreation Commission for consideration. This seven - member commission, appointed by the elected City Council, makes recommendations to the Council regarding recreation programs or park improvement needs. Before I can continue with your request, I need clarification of what parcel of land you are referring to. At the intersection of Huber Drive and Mendota Heights Road the land on the northwest corner belongs to School District 197 and is part of the landscape plan approved by the City Council when the school district requested approvals for the construction of the Middle School. The land on the northeast corner is part of the residential lots off Hampshire Court. The south side of Mendota Heights Road is referred to as North Kensington Park. The Parks and Recreation Commission, local homeowners and the City Council arrived at the design of this park after several years of discussion. Six or eight design concepts ranging from very active to very passive were considered. The final design was referred to as a "Back Yard Concept". Passive in nature with no organized activities. If the park area is where you envision the "Mountain Bike" site to be I must warn you that you will surely need a "mountain bike" to overcome the objections of the homeowners that live adjacent to this park. Collectively they convinced the City Council that a passive park was best for their neighborhood, which resulted in an expenditure of $25,000.00 to develop the park as it is today. If you wish to proceed with your request, please contact me. I suggest that you be prepared to present your request in person at a Park and Recreation Commission meeting. The next meeting will be on Thursday, September 141" starting at 6:30 pm and the meeting after that will be on Tuesday, October 101' Sincerely, Guy Kullander, Parks Project Manager Dear Mr, Mayor, I'm hoping Mendota Heights will grant our wish and make a dirt vert ramp in the open field next to the crossroad on Mendota Heights road and Huber Dr. in Mendota Heights. The ramp will be for all of the kids that have an interest in `Boy's Mountain Extreme" (BMX) biking. Because of the new Friendly Hills middle school that was just recently built there seems to be a lot more kids coming out doors with there BMX bikes. My parents and I think it would be a great way to get kids to exercise more instead of sitting inside all summer. Although it might seem dangerous everyone will have to use all of the correct padding and if some one hurts themselves I assure you that they will not hoId Mendota Heights responsible if you put up a sign that says you are not liable. Please put this into consideration because many kids would love to have one in the area. A Dirt Vert ramp consists of very hard packed mud in tall mounds all in a row. There should be about 4 mounds in the whole row. If you need to contact me send a letter to the Gregoire family (2452 Pond Circle E. Mendota Heights, MR) Or email me at Baseballboy454(a) o) ol.com Parents' signaturesi Boyssignatures CITY OF MENDOTA HEIGHTS MEMO TO: Park & Recreation Commission FROM: Mary L. Hapka, Recreation Programmer SUBJECT: Playground site reviews DATE: August 29, 2000 Discussion• As directed by the Parks and Recreation Commission I met with Kevin Balfanz of the League of Minnesota Cities Insurance Trust August 18t' to inspect the condition of park playgrounds. Mr. Balfanz and myself toured and inspected the following Mendota Heights park playgrounds; Valley Park, Marie Park, Wentworth Park, Hagstrom King, Mendakota Park, Rogers Park, Friendly Hills Park, Kensington Park and Victoria Highlands. Attached please find the suggestions Mr. Balfanz gave for each park. Overall Mr. Balfanz thought the playgrounds were in fair condition for their age but did advi!0" review of the U.S. Consumer Product Safety Commissions Public Playground Safety Handbook for specific industry safety standards. Mr. Balfanz did mention that the playground industry advises that the life expectancy of playground equipment is approximately ten to fifteen years. The wooden playground structures we inspected at the above listed parks were built in 1972 (28 years old). Mr. Balfanz did mention the importance of a playground inspection program to document the condition of playground equipment and to initiate necessary maintenance and repairs. Also mentioned in Mr. Balfanz's letter was the idea that the commission should look at developing a long-term plan for phased in replacement of some of the older playground equipment based on condition and budget. Action Required: Please review the attached letter from Mr. Kevin Balfanz, Loss Control Consultant, Berkly Risk Administrators Company as well as the playground maintenance/loss control items mentioned by Mr. Balfanz. CITY OF MENDOTA HEIGHTS August 18, 2000 Playground Site Review The following are maintenance and safety suggestions made by Mr. Kevin Balfanz, Loss Control Consultant, Berkly Risk Administrators Company during our inspection of the following parks. VALLEY PARK • Tot swing raise to 2', S-hooks closed • Even out/maintain pea gravel MARIE PARK • Protruding bolts in wooden structures • Buck -about handles protrude • Metal slide (faces east) not a concern • S-hooks closed • Raise tot swing to 2' • Maintain pea gravel • Tighten bolts/cover • New boot on tire swing WENTWORTH PARK • Metal slide; bolts sticking out • Sweep off ADA matting HAGSTR"AA KING PARK • Raise tot swing to 2' • Best not to have 3 swings in one bay IVIENDAKOTA PARK • Raise both tot swings to 2' • Best not have 3 swings in one bay • Should not have mix of tot and youth swings • Trip hazard at bottom of slide, piece of matting missing ROGERS LAKE PARK • Boot/knuckle tire swing replace • Metal slide faces south • Maintain pea gravel FRIENDLY HILLS PARK • Maintain pea gravel KENSINGTON PARK • Standing water throughout playground area/correct drainage • Separate tot and youth swings • Chipped paint • Maintain pea gravel especially under rubber matting/ trip hazard VICTORIA HIGHLANDS • Separate youth and tot swings • Maintain pea gravel REPLACED PLAYGROUND EQUIPMENT SHOULD BE SCRAPPED OR DISPOSED OF IN DUMPSTER. DO NOT SELL OR GIVE AWAY ANY COMPONENTS OF PLAYGROUND EQUIPMENT OR STRUCTURES. THE INDUSTRY STANDARD FOR THE LIFE SPAN OF PLAY EQUIPMENT IS TEN TO FIFTEEN YEARS. FOR EVERY TEN PLAY EVENTS ON PLAYGROUND ONE EVENT 1VIUST COMPLY WITH AMA REGULATIONS. MORE EVENTS =MORE COMPLIANCE L,MC C;tio. a.omotina aaoll�m August 22, 2000 Ms. Mary Hapka City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 551184106 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Loss Control Services Administration: c/o Berkley Risk Administrators Company, LLC 8441 Wayzata Boulevard, Third Floor, Minneapolis, Mnnesota 55426-1344 Phone: (763) 591-7416 Fax (763) 525-5712 Web Site: wwwlmne.org RE: City Playground Loss Control Survey —August 18`s, 2000. Dear Ms. Hapka: This letter is a follow up to my 8-18-00 visit to the city, our discussions and park site reviews regarding playground equipment. This service is provided in conjunction with the City of Mendota Heights' participation in the League of Minnesota Cities Insurance Trust (LMCIT) property, liability and workers' compensation program. I appreciate the time and courtesy extended to me the time of my visit. At this time, I do not have any formal recommendations to submit. I would encourage you to review the copy of the U.S. Consumer Product Safety Commissions Public Playground Safety Handbook that I left. We were able to determine a few minor items that could be improved per the handbook's recommendations. I would also like to encourage the city to continue with the playground inspection program --the inspections should be documented and also used to initiate necessary maintenance and repairs. Finally, I would encourage you to look at developing a lone term plan for the phased -in replacement of some of the older piaygt'Ouuii equipment based on condition and'oudget. Thank you for your proactive efforts in the interest of loss control. If I can be of any further assistance, please do not hesitate to contact me at 763-591-7433. Sincerely, Kevin M. Balfanz, ARM. ALCM Loss Control Consultant Berkley Risk Administrators Company, LLC !uN EQUAL OPPORTUNITY/AFFIIL`AATIVE ACTION EMPLOYER City of Mendota Heights f �iIT�T.7 September 7r 2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager ./ Subject: Use of Low or "0" Phosphorous in Lawn Fertilizers Background: Phosphorous entering ponds, streams and lakes can cause algae blooms and promote excessive weed growth that decreases water quality. Most Dakota County soils contain adequate amounts of phosphorous for normal lawn development. Use of lawn fertilizers with low or zero phosphorous (the middle number on the bag) is recommended. Public education and regulatory controls on commercial or institutional applicators are two existing methods used to promote responsible use of fertilizers. Discussion: Residents have approached City staff requesting information on responsible use of fertilizers. I routinely direct them to the literature provided by Dakota County (copies are available in the City Hall lobby) and inform them that this is an issue that has been reported on by the news media on numerous occasions. Recently a resident approached me requesting that the City Council consider adopting an ordinance regulating commercial or institutional applicators. This resident provided me with copies of two ordinances passed by the Plymouth and Stillwater City Councils, Action Required: I bring this information before the Commission for discussion purposes only. If the Commission determines that this type of ordinance would be beneficial for the residents they should make a recommendation to the City Council that the Council consider this issue at some future date. r. ..• ORDINANCE NO. 873 CITY OF STILLWATER PUBLIC WATERS PROTECTION AtN ORDINANCE FOR blA`IAGING PUBLIC WATER QUALITY- IN THE CITY OF STILLWATER FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, TO PRESERVE AND ENHANCE THE QUALITY OF SURFACE WATER, TO PRESERVE THE ECONOMIC, HISTORIC AND NATURAL ENVIRONVIE VIAL VALUES AND TO PROVIDE FOR THE WISE UTILIZATION OF WATER AND RELATED LAND RESOURCES. THE CITY COUNCIL OF THE CITY OF STILLWATER ORDAINS: SECTION I TITLE 1.1 Short Title. This Ordinance shall be known, cited and referred to as the City of Srillwater Public Waters Protection Ordinance; except as referred to herein, where it shall an amendment to be known as, "This Ordinance'. SECTION 2 INTENT AiV� PURPOSE 2.1 Purpose. This Ordinance is adopted for the purpose of: (a) Regulating permitted uses in the City, and; regulating the use of certain lawn care practices. The use of certain lawn care practices within the City will be regulated to preserve and enhance the water quality of the lakes, ponds, wetlands, creeks and St. Croix River, prevent erosion into these water bodies, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, protect fish and wildlife habitat, and preserve the economic and natural environmental values of the surface waters and underground waters of the City. (b) Conserving and developing natural resources, and maintaining a high standard of environmental quality. SECTION 3 STATUTORY AUTHORIZATION AND POLICY 3.1 Statutory Authorization. This Ordinance is adopted pursuant to the authorization and policies contained in tMinnesota Statutes, Chapter l03 A -I, l�finnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 3.2 Policy. The uncontrolled use of the waters and shorelands within the City, affects the public health, safety and general welfare by contributing to pollution of public waters and degradation of the environmental and aesthetic values and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and general welfare to provide for the wise development, use, and conservation of the waters and shorelands within the City. The Minnesota legislature has delegated responsibility to local governments of the state to regulate the subdivision, development and use of shorelands of public waters and thus to preserve and enhance the quality of surface waters, to manage the effects of shoreland crowding, to conserve the economic, historic and natural environmental values of shorelands, and to provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Stillwater. SECTION 4 GENERAL PROVISIONS AND DEFINITIONS 4.1 Jurisdiction. The prosions of this Ordinance apply to the entire City since all lands drain runoff or surface water directly or indirectly into the lakes or any one of them, into Brown's Creek or it tributaries and into the St. Croix River. 4.2 Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 4.3 Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 4.4 Abrogation and Greater Restrictions. This Ordinance is in addition to and not in lieu of other official controls adopted by the City Council of the City of Stillwater or the Minnesota Department of Natural Resources. Where the standards, regulations or provisions contained in this Ordinance are inconsistent or in conflict with the standards, regulations or provisions of the separate covenants running with the land in each of the developments described in Section 4.1, any provisions of the Minnesota Department of Natural Resources' Statewide Standards for Management of Shoreland Areas (7/3/89) (the "DNR Statewide Minimum Standards"), or the provisions of any other applicable covenants, statutes, rules, regulations or ordinances, the most restrictive provisions shall govern in order to preserve, protect and enhance the water quality, natural environmental economic and historic values and aesthetic beauty of the subwatersheds of the.lakes. 4.5 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. For the purpose of this Ordinance, the words "must and shall" are mandatory and not permissive. In the event of a conflict between any definition contained herein, in the DNR Statewide Minimum Standards, or in any other applicable covenant, statute, rule, regulation or ordinance, the most restrictive definition shall govern. (1) Buffer Zone. Buffer zone means the 90 foot wide strip of land, measured at a right angle to the shoreline or the Ordinary High Water Level, adjacent to every lake, pond, wetland, creek, river or standing water surface. (2) Lot. Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditor's plot, or other accepted means, and separated from other parcels or portions by said description for the purpose of sale, lease, or separation.. (3) Pesticide. Pesticide means insecticides, herbicides and fungicides (4) Quick -release Nitrogen. Quick -release nitrogen means ammonium nitrate, ammonium sulfate, calcium nitrate, and urea. e�� (5) Shoreland. Shoreland means all land within the subwatersheds of any lake, pond, wetland, creek or river within the City. (0) Slow -release Nitrogen. Slow -release nitrogen means IBDU, sulfur -coated or resin -coated urea, ureaformaldehyde, and natural organics such as miloreanite, ringer, sustane, manure, grass clippings, phosphate rock, and potash. SECTION 5 RESTRICTIONS 5.1 Fertilizers. (a) General Provisions: (1) Fertilizing is prohibited in the Buffer Zone and within 9G feet of any standing water surface. (2) Beyond the Buffer Zone, fertilizing is permitted subject to the restrictions set forth herein, but should be avoided if possible and minimized, in any event. (3) Fertilizing is prohibited when the ground is frozen and between November 15 and April 15. (4) Lot owners who fertilize should have their soil tested at least once every three years by a soil test laboratory such as the University of Minnesota to determine the proper amounts of nitrogen and potassium to be applied. (5) Fertilizer, yard waste or grass clippings must not be cast upon or applied to an imperious surface such as a driveway, sidewalk or street. If this material is inadvertently spilled upon such a surface it should be swept and cleaned from the surface. (b) Phosohorus: (1) General: Fertilizers containing phosphorus are prohibited unless the soil is demonstrably phosphorus -deficient as shown by a reliable soil test. If the soil is demonstrably phosphorus -deficient, phosphorus -containing fertilizer may be applied provided that phosphorus is applied only in the amount specified by the soil test or by written report from other competent professional based on the soil test. (2) New Lawns: If phosphorus is to be applied in lawn based on the results of a reliable soil test, the fertilizer must be incorporated into the soil seed bed before seeding or laying sod. (3) Record keeping: If phosphorus is applied, the Lot owner must provide copies of all soil test reports demonstratins the phosphorus deficiency in the soil and must provide copies of records reflecting the analysis and amount of fertilizer applied to the City Forester and/or must, upon the City's request, provide samples of lawn fertilizer (large enough to permit laboratory testing) to be applied. (c) Nitrogen: (1) Application of more than I pound actual nitrogen per 1000 square feet of lawn per year on, "low maintenance" lawns and of more than 3 pounds actual nitrogen per 1000 square feet of lawn per year on "high maintenance" lawns is prohibited on established lawns unless the Lot owner has a written recommendation from a competent professional for higher nitrogen applications based on a reliable soil test. (2) Only Slow -release Nitrogen organic fertilizer may be used. The use of Quick -release Nitrogen fertilizer is prohibited. (3) If nitrogen is applied at rates greater than those spZcified in Section 5.1(c)(l), the Lot owner must provide copies of the written recommendation required therein to the City Forester. (d) Re ulations for Commercial Lawn Fertilizer Anolicators: (1) License Reouired. No person, firm, corporation or franchise shall engage in the business of commercial lawn fertilizer application within the subwatersheds of the lakes in the City, unless a license has been obtained from the City Clerk as provided herein. (2) License Annlication Procedure. Applications for a commercial lawn fertilizer applicator license shall be submitted to the City Clerk. The application shall consist of the following: (i) Name, address and telephone number of applicant and any individuals author zed to represent the applicant. Description of lawn fertilizer formula proposed to be applied on lawns within the City. (iii) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. (iv) Fertilizer Sample. A sample of lawn fertilizer must be submitted to the City along with the initial application for a license, and, thereafter, at least thirty (30) days before fertilizer composition changes are implemented. A sample submittal can be replaced by a chemical analysis certified by an independent testing laboratory. (v) License Fee. The license fee will be as designated, from time to time, by Stillwater City Council resolution. The license will expire on the 31st day of December. The license fee will not be prorated. (vi) Performance Bond. A bond in the amount of $1,000.00 will be submitted with the application form. The bond will be conditioned upon compliance with the City's regulations. Actions to collect bond proceeds may not prevent the City from filing criminal complaints for ordinance violations. (3) Conditions of License. A commercial lawn fertilizer applicator license shall be issued subject to the following conditions which shall be specified on the license fo:ln: (i) Random Sampling. Commercial lawn fertilizer applicators shall permit the City to sample any commercial lawn fertilizer to be applied within the subwatersheds of the lakes at any time after issuance of the initial license. (ii) Possession of License. The commercial law fertilizer applicator license or a copy thereof shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the subwatersheds of the lakes. (iii) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Section 17.711 through and including 17.729 and amendments thereto. (iv.) Compliance with City Regulations. The Licensee must abide by the restrictions on the use of fertilizers and pesticides that are contained in this ordinance. 5.2 Pesticides (Insecticides, herbicides, Fungicides and Other Chemicals). (a) The use of chemical pesticides in accordance with their ]abet is permitted, but should be avoided as much as possible, because a regular cycle of chemical treatments stresses a lawn and makes it more susceptible to Pests and drought. (b) Before using chemical pesticides, the Lot owner must consult the Minnesota Extension Service, the Washington County Soil & Water Conservation District or other competent professional to diagnose properly the Pests, disease or other vegetative problem, and to determine if pesticide use is justified or if there are other control options. (c) When consultation as provided under subparagraph (b) has determined that pesticide use is warranted, a pesticide program may be implemented, provided that: (1) The Lot owner must use the least toxic and most readily degradable pesticide which will be effective. (2) The pesticide must be applied only and exactly as directed on the label. (3) Pesticide applications must be properly timed to maximize their overall effectiveness. (4) Pour ng of excess pesticide on the ground or into the lakes or other surface waters is prohibited. (5) The Lot owner may.purchase only the amount of pesticide necessary for the current season, and must dispose of unused pesticide and pesticide containers property. SECTION 6 ENFORCEYIENT 6.1 Enforcement. The City Council of the City of Stillwater is resporsible for the administro"tion and enforcement of this Ordinance. 6.2 Violations and Penalties. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable by a fine of not more than $700.00 or by imprisonment for not more than 90 days, or both, plus the costs of prosecution in any case. Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to this Ordinance. 6.3 Civil Remedies. This Ordinance may also be enforced by injunction, action for abatement, or other appropriate civil remedy, or by citation written and processed as an administrative proceedings in City Court SECTION 7 RFFECTUATION 7.1 Effective Date. Passed by the City Council on this 16th day of March, 1999. This ordinance will be in full force and effect from and after its passage and publication according to law, except that Section 6 Enforcement will not be in force or effect until January 1, 2000. J y e layor ATTEST: Ole Kriesel, Acting City Clerk Published Stillwater Gazette 3/19/99 ORDINANCE NO. 887 AN ORDINANCE AMENDING ORDINANCE NO. 8731 AN ORDINANCE FOR MANAGING PUBLIC WATER QUALITY IN THE CITY OF STILLWATER FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE AND GENERAL WELFARE, TO PRESERVE AND ENHANCE THE QUALITY OF SURFACE WATER, TO PRESERVE THE ECONOMIC, HISTORIC AND NATURAL ENVIRONMENTAL VALUES AND TO PROVIDE FOR THE WISE UTILIZATION OF WATER AND RELATED LAND RESOURCES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: AMENDING Section 4.4 is amended and restated with a new sentence added at the end of the paragraph as follows: ..."The restrictions set forth in this Chapter do not apply to flower or vegetable gardens except to the extent that gardens are prohibited in buffer zones as defined in this Chapter." ?. ?.MENDING Section 4.5(1) is amended and restated as follows: "(1) Buffer Zone. Buffer zone means the 50 foot wide strip of land, measured at a right angle to the shoreline or the Ordinary High Water Level, adjacent to every lake, pond, wetland, creek, river or standing water surface." 3. A1�fENDING Section 5.1(a)(1) is amended and restated as follows: 46 (1) The use of fertilizers containing more than 3%phosphorous is prohibited in the Buffer Zone and within 50 feet of any standing water surface." 4. AMENDING Section 5.1(a)(3) is amended and restated as follows: "(3) Fertilizing is prohibited when the ground is frozen and between November 15 and April lst." 5. AMENDING Section 5.1(b)(I) is amended and restated as follows: "(1) General: Fertilizers containing more than 3%phosphorus are prohibited unless the soil is demonstrably phosphorus -deficient. More phosphorus may be applied provided that phosphorous is applied only in the amount specified by soil test or written report from a competent professional." 6. AMENDING Section 5.1(b)(3) is amended and restated as follows: "(3) Record keeoine: If more than 3%phosphorous is applied, theLot owner must provide copies of all soil test reports demonstrating the phosphorous 7 deficiency in the soil and must provide copies of records reflecting the analysis and amount of fertilizer applied to the City Forester and must, upon the City's request, provide samples of lawn fertilizer (large enough to permit laboratory testing) to be applied." 7. AMENDING Section 5.1(c)(1) is amended and restated as -follows: "(1) Application of more than 2 pounds actual nitrogen per 1000 square feet of law per year on "low maintenance" lawns applied at 1 pound in the spring and 1 pound in the fall and of more than 4 pounds actual nitrogen per 1000 square feet of lawn per year on "high maintenance" lawns applied at 2 pounds in the spring and 2 pounds in the fall is prohibited unless the Lot owner has a written recommendation from a competent professional based upon a reliable soil test for higher nitrogen applications." 8. AMENDING Section 5.1(c)(2) is amended and restated as follows: "(2) Only 50%controlled Slow -release Nitrogen fertilizer or organic fertilizer may be used. The use of Quick -release Nitrogen fertilizer is prohibited." 9. ADDING a new Section 5.1(a)(6)-to read as follows: "(6) Gazdens are prohibited in buffer zones." 10. SAVING In all other ways, the City Code will remain in full force and effect. 11. EFFECTIVE DATE This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 181h day of January, 2000. ATTEST: . N le Kriesel, Acting City Clerk 0 J ,t or Section 1170 - Lawn Fertilizer Application Control 1170.01. Purpose. The City has conducted studies and has reviewed existing data to determine the current and projected water quality of various lakes within its community. The data indicates that lake water quality may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering the lakes as a result of storm water runoff or other causes. The purpose of this ordinance is to define regulations which will aid the City in managing and protecting its water resources which are enjoyed by its residents and other users. 1170.02. Definitions. For the purpose of this section, certain terms and words are defined as follows: "Commercial Applicator" is a person 7 ho is engaged in the business of applying fertilizer for hire. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. "Noncommercial Applicator" is a person who applies fertilizer during the course of employment, but who is not a commercial lawn Fertilizer applicator. "Pesticide" means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. 1170.03. Regulations for Commercial Lawn Fertilizer Applicators. Subdivision 1. License Required. No person, firm, corporation or franchise shall engage in the business of commercial lawn fertilizer applicator within the City unless a license has been obtained from the City Manager or a designee as provided herein. Subd. 2. License Application Procedure. Applicants for a commercial lawn fertilizer applicator license shall be submitted to the City Manager or a designee. The application shall consist of the following: (a) Application Form. Application forms shall be provided by the City and shall include the following instructions: (f) Name, address and telephone number of applicant and any individuals authorized to represent the applicant. (2) Description of lawn fertilizer formula proposed to be applied on lawns within the City. Plymouth City Code 1170.03, Subd. 2 (3) A time schedule for application of lawn fertilizer and identification of weather conditions acceptable for lawn fertilizer application. (b) Product Material Safety Data Sheet. A copy of Material Safety Data Sheet, including product chemical analysis of the intended lawn fertilizer, shall be submitted to the City along with the initial application for a license, and, thereafter, at least seven days before fertilizer composition changes are implemented. 1� 3 (c) Minnesota State Licenses. A copy of all licenses required of the applicant by the State of Minnesota regarding the application of pesticides and fertilizers. (d) License Fee. The license fee as established in Chapter 10 of the Plymouth City Code. The license shall expire on the 31st day of December. The license fee shall not be prorated. Subd. 3. Conditions of License. Commercial lawn fertilizer applicator licenses shall be issued subject to the following conditions which shall be specified on the license form: (a) Random Sampling. Commer vial lawn fertilizer applicators shall per the City to sample any commercial lawn fertilizer applications to be applied within the City at any time after issuance of the initial license. (b) Possession of License. The commercial lawn fertilizer license, or a copy thereof, shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. (c) Possession of Product Material Safety Data Sheet. A copy of product Material Data Safety Sheet of the lawn fertilizer used shall be in the possession of any party employed by the commercial lawn fertilizer applicator when making lawn fertilizer applications within the City. (d) State Regulations. Licensee shall comply with the provisions of the Minnesota Fertilizer and Soil Conditioner Law as contained in Minnesota Statutes Sections 17.711 through and including 17.729 and amendments thereto. The licensee shall also comply with the provisions of the Pesticide Control as contained in the Minnesota Statutes Chapter 18B. 1170.04. General Regulations. Subdivision 1. Time of Application. Neither commercial applicators or noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create runoffs. Subd. 2, Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. Plymouth City Code 1170.04, Subd. 3 Subd. 3. Fertilizer Content. No person, firm, corporation, franchise, or commercial or noncommercial applicator, including homeowners or renters, shall apply any law fertilizer, liquid or granular, within the City of Plymouth which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except: (a) the naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost; (b) or as otherwise provided in Section 1170.05. (Ord. 99-10; 04120199) Subd. 4. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to impervious surfaces, areas within drainage ditches, or waterways. Subd. 5. Buffer Zone. Fertilizers and pesticides shall not be applied: (a) to any established natural buffer zones as outlined in City Wetland Ordinance No. 95-2; (b) below the Ordinary High Water lines as established by the Minnesota Department of Natural Resources; or 2 -3 (c) within ten (10) feet of any wetland or water resource. Subd. 6. Warning Signs for Pesticide Application. All commercial or noncommercial lawn fertilizer applicators who apply pesticides to turf areas must post or affix warning signs on the property where the pesticides are applied. The warning signs shall comply with the following criteria and contain the following information: (a) The warning signs must project at least eighteen (18) inches above the top of the grass line. The warning signs must be of a material that is rain resistant for at least a forty-eight (48) hour period and must remain in place up to forty-eight (48) hours from the time of initial application. (b) The following information must be printed on the warning signs in contrasting colors and capitalized letters measuring at least one-half inch (1/2"), or in another format approved by the Minnesota Commissioner of Agriculture. The signs must provide the following information: (1) The name of the business, entity, or person applying the pesticide; and (2) The following language: "This area chemically treated. Keep children and pets off until (date of safe entry)" or a universally accepted symbol and text approved by the Minnesota Commissioner of Agriculture as recognized as having the same meaning or intent as specified in this subparagraph. The warning signs may include the name of the pesticide used. Plymouth City Code 1170.04, Subd. 6(c) (c) The warning sign must be posted on a lawn or yard between two (2) feet and five (5) feet from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds, or other similar recreational property, the warning signs must be posted immediately adjacent to areas within the property where pesticides have been applied and at or near the entrance to the property. 1170.05. Exemption to Phosphorous Requirement. The prohibition against use of fertilizer containing any quantity of phosphorous under Section 1170.04 shall not apply to: (a) newly established or developed turf and lawn areas during first growing season; or (b) turf and lawn areas which soil tests confirm are below phosphorous levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorous exceeding the amount of phosphorous and the appropriate application rate recommended in the soil test evaluation. Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil where it is immobilized and generally protected from loss by runoff. Any person, firm corporation, franchise, or commercial or noncommercial applicator, including a homeowner or renter, shall notify the City at least 24 hours prior to applying lawn fertilizer containing phosphorous of the reason for using fertilizer containing phosphorous and the amount of phosphorous contained in the lawn fertilizer to be applied. (Ord. 99-10; 04120199) 1170.06. Penalty. Any person violating this Chapter shall be guilty of a petty misdemeanor. The City may revoke a commercial applicator's license for repeat violations of this Chapter. City of Mendota Heights I �l[TiT.7 September 8, 2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager Subject: Updates on projects in progress 1. Fishing pier at Roger's Lake Park The installation of the pier is scheduled for September 19". See attached memo to Jim Danielson and Tom Olund, 2. Marie Park Play Equipment Removal of the old equipment was completed on Tuesday, September 51" Installation of the new equipment began on Wednesday and most of the work should be completed by Friday. Remaining work for next week will be completion of the new border area where the swings (2 toddler, 2 belt) are to be installed. 3. Valley Park Tennis Courts Work began on Wednesday, September 6`" at this tennis court. The old surface was delaminating and required extensive power washing and scraping of the old surface. On Thursday and Friday low spots were filled with a leveling compound. Following the prep work two coats of new surfacing material will be applied. In addition to the marking lines new net post hardware will be installed that will better maintain the net tension. I have ordered a lighter green tone for the topcoat to "lighten up" this court that is surrounded by trees. Work should be completed by early next week. 4. Permanent lake aerator to be installed at Roger's Lake The DNR received a $30,000.00 grant for the installation of a permanent aerator at Roger's Lake. Apparently the DNR staff felt that last years operations were so successful that they applied for this permanent grant. Plans are currently being developed and the installation may yet occur this construction season. The permanent pump equipment location will be underground and the discharge "cascade stairway" will be located beyond the trees, west of the open beach area, out of site. As with the temporary unit, the City's only obligation is routine maintenance, installation of open water warning signs, and the cost or electricity for the pump operation. Last year this amounted to approximately $600.00. August 24, 2000 Memo to: From: Subject: Jim Danielson and Tom Olund �O D p� Guy Kullander, Parks Project Manager Installation of Fishing Pier at Roger's Lake ark I received a phone call today from the DNR. The fishing pier has been fabricated and will be delivered to Roger's Lake Park at 9:00 am on the 191" September. The City will need to provide the backhoe for use in unloading the sections from the flat bed delivery truck. This will require an operator and one or two additional men to assist. This part of the operation is estimated to take one to two hours. The DNR personal will then assemble and prepare the sections which should take two or three hours to complete. Our people need not be present during this part of the operation. In the afternoon our crew and the loader will be needed to lift and move the sections to the lake for final assembly and installation. This may take a couple of hours and we should have at least three of our people assisting. To the best of my knowledge the location for the dock will be directly south of the east driveway into the park out from the cul-de-sac parking area. If there are any tree limbs in this area that may make unloading a problem they should be removed prior to the day of the installation. It may also be a good time to "clean up" along the shoreline. Remove and brush and prune up the trees as necessary. Any costs for these operations will be charged to the Special Park Fund. CITY OF MENDOTA HEIGHTS ITl�lu[� TO: Park &Recreation Commission FROM: Mary L. Hapka, Recreation Programmer SUBJECT: July/August Recreation Report DATE: September 75 2000 Youth Trips July 6 - Bunker Hills Wave Pool (Coon Rapids) — 2 participants July 13 — Cascade Bay (Eagan) — 5 participants July 20 — Twins vs. White Sox - 8 participants August 3 — Crystal Caves (Spring Valley, WI) —12 participants August 17 — Trip cancelled — Wild Waters Park Closed August 24 — Valley Fair — 4 participants Performances In The Park The June 28, Paul Heffron Music performance was cancelled as there was no electricity available at the Roger's Lake Shelter. Approximately twenty-five people showed up for the original performance. The makeup performance was advertised in both the Sun Current and Southwest Review newspapers and was scheduled on August 23 and then sadly only three people attended the August 23 performance. Approximately 30 people attended the July 12 performance by the Alphabits. Imagination Station The Imagination Station traveling variety show performed on Mondays, June 26 —July 31 at Wentworth and Friendly Hill Parks. Total attendance for all six shows at Wentworth Park was 273 and 154 participants attended the Friendly Hill performances. Golf Camp This new program was a hit! The Golf Camp was a weeklong program held from 9:00 am — Noon. This program instructed youth ages 8- 15 on the fundamentals of grip, stance and swing, ball contact, putting, chipping, driving and etiquette. The program was coordinated through the Mendota Heights Par 3 Golf Course. Thirteen students attended the golf camp; I had several comments from parents that the youth had a great time and really learned a lot. We will be offering Golf Camps throughout the season next summer and will also be adding a new parent/child golf league. Safety Camp Safety Camp 2000 was held August 8, 9 & 10 at Kaposia Park in South St. Paul. The City of Mendota Heights had seventeen children participate in this year's program. Leaders from the City of Mendota Heights included Detective Mario Reyes, Firefighter Ken Weisenburger and myself. Ken Weisenburger was able to bring Pluggy the talking fire hydrant to help teach the participants about fire safety. It is very generous of Mario and Ken to take time out/off from their regular jobs to help assist with this program. Positions Available —Skating Director —Warming House/Rink Attendants The Parks and Recreation Department is seeking applicants for Skating Director and Warming House/Rink Attendants. If you know of anyone interested in these positions please have him or her contact me, thanks.