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2000-09-14 Parks and Rec Comm Agenda Packet (2)Please note the change in meeting date and time: CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA PARKS AND RECREATION COMMISSION September 143 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 Year 2001 through 2005 5. Storm Drainage Improvement at Roger's Lake Park 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 Auxiliazy 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 Heishts will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at (651) 4524850 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 Morris moved approval of the June 13, 2000 minutes. Commissioner Liberacki seconded the motion. AYES: NAYS: (Commissioner Libra arrived 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. Kullander also 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. 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. 3. In order to discuss the fixture of the Special Pazks 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, PatrickC. Hollister City of Mendota Heights Memo September 8, 2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager 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 MEMO 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. City of Mendota Hei hts August 29, 2000 ON Matt Gregorie ` 0 2452 Pond Circle East �+ 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 14t' starting at 6:30 pm and the meeting after that will be on Tuesday, October 10" Sincerely, Guy Kullander, Parks Project Manager Dear Mr, Mayor, mlv� D �JL1V, I'm hoping Mendota Heights will grant our wish and make a dirt vert ramp w 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 hold 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, MN.) Or email me at Baseballbov454(aaol.com Parents' signatures Boys'signatures id`r� 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 18a' 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 advise a 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, Berklv 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 HAGSTROM KING PARK • Raise tot swing to 2' • Best not to have') swings in one bay MENDAKOTAPARK • 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 MUST COMPLY WITH ADA REGULATIONS. MORE EVENTS = MORE COMPLIANCE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST �� Loss Control Services Administrcuion: do Berkley Risk Administrators Company, LLC 8441 W ay�ta Boulevsd, Th'vd Floor, Minneapolis, Minnesota 55426-1344 L�y.. of M'nmofa ra'so. Phone: (763) 59t-7416 Fax (763) 525-5712 C,'sa. �,,,as�a Web Site: www ]mnc.org August 22, 2000 Ms. Mary Hapka City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4106 RE: City Playground Loss Control Survey —August 18`", 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 [o review the copy of the U.S. Consumer Product Safety Conunissions 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 wou]d encourage you tolook atdeveloping along -term plan for the phased -in replacement of some of i're oider playyground equipment based on Bondi[ion and budget. 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 NI. Balfanz, ARM. ALCM Loss Control Consultant Berkley Risk Administrators Company, LLC AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EP.(PLOYF72 City of Mendota Heights fuC7iiL.7 September 7, 2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager i/ 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. ORDINANCE NO, 873 CITY OF STILLWATER PUBLIC WATERS PROTECTION AN ORDINANCE FOR IVLANAGING 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 ORDAINS: SECTION 1 TITLE 1.1 Short Title. This Ordinance shall be known, cited and referred to as the City of Stillwater Public Waters Protection Ordinance; except as referred to herein, where it shall an amendment to be known as, "This Ordinance". SECTION 2 INTENT AND 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 l�linnesota Statutes, Chapter 103 A -I, Minnesota 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 provisions 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. 4A 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 Nitroeen. Quick -release nitrogen means ammonium nitrate, ammonium sulfate, calcium nitrate, and urea. (5) Shoreland. Shoreland means all land within the subwatersheds of any lake, pond, wetland, creek or river within the City. (6) Slow -release Nitrogen. Slow -release nitrogen means IBDU, sulfur -coated or resin -coated urea, ureaformaldehyde, and natural organics such as milorganite, 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) Phosvhorus: (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 keeving: If phosphorus is applied, the Lot owner must provide copies of all soil test reports demonstrating the phosphorus deficiency in the soil and must provide copies of records reflecting the analysis and �N� 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 1 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 specified in Section 5.1(c)(1), the Lot owner must provide copies of the written recommendation required therein to the City Forester. (d) Reeulations for Commercial Lawn Fertilizer Anulicators: (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 Aoolication 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 authorized 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.aot 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:m: (i) Random Sampling. Commercial ]awn 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 parry 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 label 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: (I) 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 properly. SECTION 6 ENFORCEitiiENT 6.1 Enforcement. The City Council of the City of Stillwater is resporsible for the administration 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 a]so 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 FFFECTUATIOIY 7.1 Effective Date. Passed by the City Council on this 16[h 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 ayor ATTEST: ile Kriesel, Acting City Clerk Published Stillwater Gazette 3/19/99 ORDINANNCE NO. 887 AN ORDINANCE AMENDING ORDINANCE NO. 873, 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." AMENDING 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." Al�fENDING Section 5.1(a)(1) is amended and restated as follows: "(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 beriveen November 15 and April 1st." 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 maybe applied provided that phosphorous is applied only in the amount specified by soil test or written report from a competent professional." 6. AtbIENDING 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 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." 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." 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 [he City Council of the City of Stillwater this 18`h day of January, 2000. ATT/E/ST: . 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 �vho 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: (1) 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. (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 3lst 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:ial lawn fertilizer applicators shall permit 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")7 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 Memo 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`h. See attached memo to Jim Danielson and Tom Olund. 2. Marie Park Play Equipment Removal of the old equipment was completed on Tuesday, September 51h 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 6t 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 530,000.00 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 MEMO TO: Park & Recreation Commission FROM: Mary L. Hapka, Recreation Programmer SUBJECT: July/August Recreation Report DATE: September 7, 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 swine, 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. City of Mendota Heights MEMO Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager Subject: Special Park Fund Discussion: The balance in the Special Park Fund has "historically" been maintained at a level in excess of $300,000.00. Do to the dwindling increases to the fund from park contributions from development of single family lots or re -plats in the Industrial Park the fund has been drawn down below this level. Balance as of December 31, 1999 was $262,822.00. The City Council has pledged to direct approximately $60,000.00 for the next three years to the Special Park Fund. The following is my attempt to project the fund balance for the next several years. Balance as of January 1, 2000 $263,000.00 Park dedications during 2000 $ 79,000,00 Interest Income in 2000 $ 20,000,00 Balance as of December 31, 2000 $362,000.00 2001, 2002, & 2003 Fund Increases Cell Tower Rent $ 60,000,00 Interest $ 20,000,00 Fund Increase December 31, 2001 $ 80,000.00 Fund Increase December 31, 2002 $ 80,000.00 Fund Increase December 31, 2003 $ 80,000,00 Accumulated total does not include additional dedications....... $602,000.00 Possible dedication from various projects (next 5 yrs): 1 . Town Center —145 residential units x $750.00 = $108,750.00 Town Center — Commercial est. $ 75,000.00 2. End of Pilot Knob Road (Office or Housing) est. $ 75,000.00 3. Infill single family lots 50 x $750 = $ 37,500.00 $296,250.00 September 1 1,2000 Memo to: Parks and Recreation Commission From: Guy Kullander, Parks Project Manager. Subject: Parks Five Year (2001-2005I Capital Improvement Plan Background: The Commission tabled development of a Capital Improvement Plan until future funding options to supplement the existing Special Park Fund had been determined. The City Council has directed that revenue from Cell Phone Company's rental of space on the City Water Tower would be directed to the Special Park Fund for the next three years. This amounts to approximately $60,000.00 per year. The following data summarizes existing park facilities needs and conditions. Also included are past proposals for various park improvements or upgrades. City Council requests the Commission prepare a current Five Year Plan that addresses the replacement of aging timber play equipment in several parks. The following information is grouped by use or function rather than by park location. Function / headings are: - Warming Houses Ice Rinks Play Equipment - Trails - Ball fields - Long Range Park Planning Amenities, etc. 1. Marie Park -Built in 1970-16'x28' =448 SgFt -2 Metal Doors -Gas Space Heater -No Windows -Painted in 1999 -Current condition... FAIR -Replacement cost: 448 sq.ft.x $40 = $18,000 Needs: a. Re -grade around building. $ 11000 b. Replace two metal doors @ $600 ea $ 11200 c. ADA upgrades: ramps, handrails, paved path from parking area $ 5,000 d. Outside benches-4 @ $200 $ 800 e. Exterior lighting $ 11000 Improvement required to maintain current level of service: b. @ $1,200 2. Friendly Hills Park -Built in 1970-16'x28'=448 sq ft -2 Metal Doors -Gas space heater -No windows -Painted in 1999 -ADA ramp to doors added in 1998 -New siding installed in 1998 -Current condition: Good to Fair -Replacement cost 448 x $40= $18,000 Needs: a. ADA: path, hand rails from house to rinks $ 6,000 b. Replace two metal doors @ $600 ea $ 11200 c. Exterior lighting $ 11000 Improvement required to maintain current level of service: b. @ $1,200 3. Wentworth Park -Built pre-1970-14'x18'=252 sq ft -2 Metal Doors -Gas Space heater -No windows -Painted in 1999 -Current condition: Fair to Good (Cramped) -Replacement cost: $18 to $40,000 Needs: a. Larger building. (1) Enlarge to 28'x18' @ $10,000 (2) Move house from Ivy Park @ $6,000 (3) Build new 500 sq ft @ $20,000 or more. b. ADA: paved path to rinks, hand rails $ 6,000 c. Exterior lighting $ 11000 Improvement required to maintain current level of service: NONE Users have requested larger building. 4. Ivy Park — Not in use. Identical in age and size as those located in Marie and Friendly Hills Parks. ICE RINKS: 1. Marie Park -Small free skating area w/1 light pole -Hockey rink developed pre-1970 -6 Existing light poles, pre-1970 -Current condition: Very Poor. Boards and support posts require replacement -Cost to replace boards: $1 1,000.00 -Current condition of lighting system is poor: Replacement cost $12,000.00 Improvement required to maintain current level of service: NONE. Rink is usable but requires continuous replacement of boards and posts, which is a very difficult task. Posts are out of plumb and alignment due to frost heaves. Complete removal and replacement of posts and boards should occur within the near future. Existing light poles are leaning. Light fixtures are dated and inefficient. 2. Friendly Hills -Largest free skating rink w/ 2 light poles -Hockey boards replaced in 1998 -Hockey rink paved with bituminous in 1998 -6 light poles cover hockey rink. Poles and light fixtures are dated and inefficient. -Current condition: Good to excellent -Cost to replace lighting system: $121000 Improvement required to maintain current level of service: NONE, 3. Wentworth -Medium size free skating rink w/ 2 light poles -Hockey boards replaced in 1997 -6 light poles cover hockey rink. Poles and light fixtures are dated and inefficient. -Current condition: Good to Excellent -Cost to replace lighting system: $12,000 Improvement required to maintain current level of service: NONE. 4. Ivy Hills Park -Hockey boards removed in 1993 -Free skating rink removed in 1996 -Warming house still in place. Options are to move to Wentworth Park or demolish. -Skating discontinued due to lack of use and poor soil conditions that resulted in unsafe and inconsistent ice conditions. 5. Future Skating Possibilities: The City Council is currently considering the skating arena proposal presented by St. Thomas Academy. Council members have reported positive interest in this idea from many residents. If the City does participate in such an arena, opportunities may exist for "free skating" time for residents or youth teams that could reduce the need for City skating facilities currently provided. PLAY EQUIPMENT: Note: 1. Play equipment installed must include solid surfacing, play elements and access points to accommodate ADA requirements. The solid surfacing adds approximately 10% to 15% to the cost and installation of new equipment. 2. Equipment installed in 1990 averaged $ 17,500 per park. At today's prices that would be approximately $27,000 which includes the solid surface areas to meet ADA guidelines. 3. The older timber structures to be removed include an attached swing(s). Current safety guidelines do not allow swings to be attached to platform/play structures. The swings must be freestanding with fall/safety areas surrounding the swing unit(s). When the existing timber tower/climber is removed and replaced with equipment that meets the current guidelines the border area must be enlarged to accommodate a new double swing unit(s). 1. Ivy Park -New Equipment installed in 1990 -Current condition: Good Improvement required to maintain current level of service: NONE. If no changes or improvements are made to this park it is not necessary to make immediate ADA upgrades. ADA upgrades would include installation of a solid surface path from the timber border to the play equipment, a transfer point platform and additional play components. Approximate cost: $7,000 to $101000.- 2. Wentworth -1970 Timber unit modified in 1990-this unit does not meet current C.P.Safety Guidelines -New equipment installed in 1990 -In 1995 additional swings & play components plus resilient surfacing added. Meets ADA. -Current condition: Good to Excellent Removal of 1970 timber components can be done at any time with little impact on current level of service. Most of these play elements are redundant. Area left open due to removal can be used for new components suitable for two to five year olds and be installed on resilient surfacing. -Removal cost or timber unit: $1,000 -New play structure for tots : $10 to $14,000 -Existing border area adequate for new equip. 3. Valley Park -1970 Timber unit modified in 1990-does not meet current C.P. Safety Guidelines -New equipment added in 1990 -Current condition: Adequate —Removal of timber units and replacement equipment should be a high priority -This play area is in a constricted area due to creek, parking lot and mature trees. Expansion of timber border area is limited. Due to these restrictions any new components should come from previous supplier so that new interchangeable modular units can be installed on existing support posts. -Removal cost of timber unit: 51,000 -New play components: $12 to $16,000 including resilient surfacing to meet ADA 4. Roger's Lake -1970 Timber unit modified in 1.990-this unit does not meet CPS guidelines. Timber border area for this unit is separate from new equipment installed in 1990. Removal of the timber units will not lower level of service -most play elements are redundant. -Current level of service: Good -Removal of timber unit: $1,000 -New play components: $10 to $151000 including resilient surfacing. -Existing border area adequate. 5. Marie Park -Timber unit replaced in 2000 with "Tiny Tot" structure plus double swing (4 swings) unit at a cost of $17,800. Required enlarged timber border area. -New equipment installed 1990 -Does not meet ADA. No resilient surfacing to components. Cost to add access point and resilient surfacing: $4,000. -Current condition: Excellent to Good 6. Friendly Hills -1970 Timber units upgraded in 1990 -New equipment installed in 1990 -Current conditions: Fair to Good Upgrades will require: -Removal of old timber unit @ $1,000 -Add resilient surfacing and new components suitable for tots @ $12 to $15,000, -Border timbers may need to be extended -but existing area is limited by steep slope and mature trees. 7. Victoria -Highlands -Park developed in 1992. Large border area. -Equipment is in three separate areas. -Does not include resilient surfaced areas that meet ADA guidelines. -Current condition: Good Upgrades will require: Addition of resilient surfacing and new component modules that meet ADA guidelines. Use of original equipment supplier would allow easier changeover using existing support poles. ADA upgrades could all occur at one existing group of play components. Estimated cost: $7,000 to $101000, 8. Mendakota -Park developed in 1991. Largest play structure system. Contains adequate resilient surfaced area and components. Some components do not meet current CPS Guidelines. -Current condition: Good Upgrades to this park should include removal and replacement of "spring toys" in pea rock area and addition of "spring toys" in resilient surfaced area. Replacement of "glide" swing with a Bucket swing suitable for handicap child is also recommended. Paint touch ups and general "housekeeping" of area is required. Estimated cost: $7000 to $9,000. 9. Kensington -Park developed in 1992. Large border area allows room to add "spring toys". -Components require paint touchups -Flexible drain tile should be installed in wet areas and connected to curb drain -Resilient surfacing needs repair. -Current condition: Good Cost to "spruce up" this play area and add some "spring toys": $5,000 10. Valley View Heights (Curley tot lot) Timber equipment installed in 1989. -Consists of timber tower with 2 swing components attached plus a third free- standing swing unit. -Timber border edging is too close to play elements -does not meet CPS Guidelines. Current condition: Fair to Good Upgrades to this play area should be removal of swing units attached to tower. These could be reinstalled in a location with correct safety zones. Timber border area must be enlarged near third free standing swing unit and to accommodate re -installed swings. Play components that meet ADA guidelines with resilient surfacing would also require enlarged timber border areas and a paved access path (30 to 40 feet) from existing trail. Estimated cost: $10,000 to $14,000. Remaining timber structure should be cleaned, wood dressed, and touch up painting. 11. Hagstrom-King -Park developed in mid-1980's by housing developer as part of Park Contribution. -Timber structure is dated some components do not meet CPS Guidelines. Does not meet ADA requirements. Current condition: Fair to Good Upgrading this play area presents some "special" options. Some of the existing timber equipment can, with minor modifications, can be kept in use. Those elements removed that do not meet CPS Guidelines could be replaced in the same location with an enlarged border area... OR... New equipment, with resilient surfacing, could be installed at a new location or on the existing concrete half -basketball court. Benches and other amenities could be added to make this a specialized tot play area. The basketball court could be reinstalled south of the existing location in an open area that was leveled for a possible tennis court. The only other full basketball court in now located in Men Dakota Park. Note: This much of an alteration in the park should be presented to the neighborhood before proceeding with specific plans. 12. Future Play Areas The Town Center development at the corner of Dodd and Hwy 110 is proposing 145 housing units (60 senior & 85 residential). Several inquiries requesting a park or play area be developed in the area east of Dodd, north of Hwy 110, west of Delaware, and south of Wentworth have been discussed during the past ten years. Lack of a suitable site and cost have been the main factors that have tabled discussion on these requests. The Town Center project will probably awaken this issue. Trails: 1. Expansion /extension of bituminous paved trails. Extending existing trails, connecting "missing" segments, and development of new trails has been routinely discussed by the Commission. Following is a brief description and comments regarding past trail discussions. a. Trail along Delaware south of Hwy 110. The City constructed widened shoulder from Hwy 110 to Huber. Construction of separated trails must wait until Dakota County upgrades (widens) Delaware, which is a County Road. At that time they will buy additional right-of-way thus allowing the installation of a separated path. b. Victoria Rd. south of Marie at Celia Road. This is a County Road which has been upgraded by the County this year in preparation of "turning back" the jurisdiction of this road to Mendota Heights. Once this is done the City can use State Aid Funds to install storm sewers along the road, fill in the ditch, and install the missing trail link from Celia to Celia Rd. c. Lexington from Mendota Heights Road to Wagon Wheel and Wagon Wheel from Lexington to Hwy 35E Bridge. These two segments have been approved by City Council and currently plans are being prepared for construction. Acquiring easements has slowed the project, but progress will pick up this fall and construction should occur in 2001. d. Dakota County has proposed construction of the North Urban Regional Trail, which will begin in Lilydale and extend to South St. Paul. In Mendota Heights the trail will go along the existing Valley Park trail, along Hwy 110 beginning at Dodd, and along the Hwy 110 frontage road to Delaware and into West St. Paul, etc. The trail segment next to Town Center will be enhanced as a sort of "gateway" to Town Center. Park Fund contributions from the Town Center Development may be used to enhance the trail amenities in this area. 2. Cross County Ski Trails A beginning trail segment has been planned for Valley Park in the area north of the parking lot/ball field, which would make a connection point at Bachelor Avenue and link up to a possible trail on the Par 3 Golf Course. The Council does not want cross-country ski trails to use existing bituminous trails or bridges in Valley Park. The beginning segment, estimated to cost $5,000, follows a double loop course without crossing existing streams in the park. Extending the trail beyond this area will required culverts or bridges over stream in the park, which will add to future ski, trail development. The beginning first cross county ski trail segment has not been approved by City Council. Ball fields: 1. Softball: There have been no requests for additional softball fields in the past several years. 2. Baseball: The commission has received requests for the development of full size baseball field(s). Currently the only City developed full size field is located at Sibley Park. The City also constructed two youth size baseball/adult softball fields at Sibley Park. These fields do not have permanent mounds nor grass infields. The Mendota Heights Athletic Association has proposed that two of the four full size softball fields at Mendakota Park be converted to baseball fields with permanent mounds and grass infields. This proposal has not been discussed by the Park Commission but this will be on a future meeting agenda for discussion. The Commission did consider developing a full size baseball field at the Friendly Hills Marsh Park (off Apache St), but this proposal was tabled due to lack of interest and the desire to find a more accessible site. Another possible, affordable, site that may become a future option would be the St. Thomas land south of Mendota Heights Rd. This has been mentioned in conjunction with the building of an Ice Arena on the parcel. 3. Soccer Fields The City currently has four youth overlay fields in neighborhood parks, a dedicated youth field at Mendakota Park, one large size field at Sibley Park, and two full size fields at Kensington Park. There have been no recent requests for the City to construct an additional soccer field. Long Range Planning 1. Park Plans. The City commissioned the first Parks Plan in 1971. Recommendations from this study guided the parkland acquisition and development during the 1970's when the pace of residential development had increased. In 1985 the City Council hired the firm of Barton-Aschman to prepare the "1985 Park and Recreation Facility Needs Study". This study outlined the park needs, which were presented to residents and finally resulted in the passage of the Parks Referendum in 1989. The Commission on several occasions has discussed the value or need for a Park or City Natural Resource Plan, which serve as a guide for re-establishment on native plant species to City Park and open spaces. A preliminary proposal requesting the City Council to hire a consultant to prepare DNR grant applications was presented to Council. Council did not discuss this proposal at the time, requesting additional information or a funding source other than the Special Park Fund, Park Amenities /Nee 1. Bleachers for Kensington Soccer Fields Four bleachers for this park were purchased and placed in the park in 1993. At some point they were moved to Mendakota Park for a softball tournament and have remained there since providing seating for the many games played at this complex. One drawback the park maintenance crews encountered with the bleachers was weeds and grass growing where they could not mow. They have requested that if bleachers are again to be purchased for or moved back to Kensington Park that concrete pads first be installed. Each concrete pad, approximately 12' by 25', will cost $1,500, four are required. Bleachers, three tiered, cost $1,000 each. Total for four locations would be $10,000.00 if four new bleacher units were purchased. 2. Park Storage Building at Mendakota Park This is not an amenity, but where else could I include this item. Parks Leadperson Terry Blum has annually asked that a storage building be constructed in this park. The idea has not been well received by the City Council nor has it been fully discussed by the Council. One new thought is that the Fire Department is requesting the Council fund construction of a storage / training building on the Fire Hall site in 2002. If this idea is approved by the Council, perhaps the Park Commission could ask that space for use by the parks maintenance crew be provided in this building. 3. Safety Netting over Hub area in Mendakota Park Safety netting was recommended by the Commission in 1994 to the City Council and was soundly rejected. The Commission recommended it a second time and again was rebuffed. In 1995 the Council decided to extend the height of the backstop to prevent foul tipped balls from hitting people on the Hub building second level. Recently, on several occasions various Council members have stated that netting over the Hub area should be installed to protect spectators from foul balls. Cost for this installation is approximately $25 to $ 30,0004 4. Security devices for restrooms in Kensington and Mendakota Acts of vandalism to the restrooms at these two parks has occurred several times each year for the past three years. These senseless acts "call out" for some way to prevent them or catch the individuals responsible. Other cities are also experiencing the same type of damage and some have installed alarms, cameras, time locks, etc. If the Commission desires to try some of these methods they should establish a budget and direct staff to research and suggest what method should be employed. 5. Pumps in City ponds to "clean water" Installing pumps in City ponds to disperse duckweed and algae growth is a suggestion offered to staff numerous times each summer. The pumps do not clean the water only disperses the growth to the Ages leaving the center water clear. Installation costs run in the $5 to $10,000 per pump and electric consumption can be several thousand per year per pump. There are about five ponds most cited by callers. If we do one, we will have to do them all. 6. Pedestrian Bridge in Friendly Hills Park by Tennis Court This wood bridge has stood well beyond its useful life. The parks crew would like a culvert installed rather then a replacement bridge so that they would have a drivable access point to the other side for turf maintenance. This is a good idea and is less expensive then a bridge. Estimated cost for this culvert and restoration work: $2,000.00. Mendota Heights PART l3 ANIMA S No. 1301 An Ordinance Regulating Dogs and Cats, Providing for the Licensing and Founding of Dogs and Cats and Prescribing Penalties for Violations Thereof ORDINANCE NO. 1301 AN ORDINANCE REGULATING DOGS AND CATS, PROVIDING FOR TIIE LICENSING OF DOGS AND THE IMPOUNDING OF DOGS AND CATS, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF. SECTION 1. DEFINITIONS As used in this ordinance, the following terms shall mean: 1.1 Owner: Any person, group of persons or corporation owning, keeping, or harboring a dog or dogs. The "Harborer" of a dog shall mean any person who has the custody of any dog or permits the same to be kept or to stay on or about his premises. 1.2 Kennel: Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs. 1.3 At Large: A dog shall be termed to be at large when it is not under restraint as defined in this ordinance. 1.4 Restraint: A dog is under restraint, within the meaning of this ordinance, if it is controlled by a leash not exceeding six feet in length or by a competent person and immediately obedient to that person's command, or if it is within a vehicle being driven or parked on the public streets, or if it is within the property limits of its owner's premises. 1.5 Animal Shelter: Any premises designated by action of the City Council for the purposes of impounding and caring for all animals found in violation of this ordinance. 1.6 Animal Warden: The person or persons designated by the City Council as the enforcement officer of this ordinance. 1.7 Health Officer: The Health Officer designated by the City Council. SECTION 2. LICENSING. 2.1 Except as provided in Section 18, no person shall own, keep, or harbor any dog within the City limits unless such dog is licensed as herein provided. Written application for such license shall be made to the City Clerk and shall state the name and address of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making the application, a numbered receipt shall be given to the applicant, and a numbered metallic tag shall be issued to the owner. In addition, any owner who makes application for a dog license for any dog six (6) months of age or older shall furnish proof of the date the dog received its last rabies inoculation. No license shall be issued for any dog which has not received a rabies inoculation within the one,two, or three year effective period of the vaccine last used. 2.2 The yearly license fee shall be $6.00 for an unspayed female dog and $3.00 for a spayed female dog or a male dog. 2.3 All dog licenses shall be issued for one year beginning with the first day of June. Application for licenses may be made sixty (60) days prior to the start of the licensing year, and thereafter during the licensing year. Applications made after June 30th of the licensing year shall be assessed a penalty of fifty cents (50G) for each late month or portion thereof which amount shall be added to and collected with the regular license fee. Any owner who secures a dog after the start of the license year _shall be allowed thirty (30) days after acquiring such dog to secure a license and must with his application for a dog license file an affidavit identifying the dog and stating 'the date of its acquisition. Any dog which may be impounded for violations of this chapter, within such thirty -day period may be reclaimed by the owner without paying the impounding fee, but such owner shall be responsible for paying the cost of keeping such dog during its impounding. 2.4 Any dog owner, upon first becoming a resident of the City of Mendota Heights, shall be allowed thirty (30) days from such time within which to obtain the dog license. Any dog which may be impounded for violations of this chapter, within such thirty (30) day period may be reclaimed by the owner without paying the impounding fee, but such owner shall be responsibl( for paying the cost of keeping such dog during its impounding. 2.5 An owner of a new born dog or dogs shall be allowed thirteen (13) weeks from the date of birth of such dog or dogs within which to obtain the dog license or licenses required here- under. 2.6 In the event that the metallic license tag issued for a dog shall be lost or stolen, the owner may obtain a duplicate tag by surrendering the receipt issued for the lost or stolen tag and upon the payment of one Dollar ($1.00). 2.7 If there is a change of ownership of a dog during the license year, the new owner may have the current license changed to his name by surrendering the receipt issued for the first tag ($1.00) and upon the payment of a transfer fee of one Dollar SECTION 3. TAG AND COLLAR 3.1 Upon complying with the provisions of this ordinance, there shall be issued to the owner a metallic tag, stamped with a number and the year for which issued. 3.2 Every owner is required to keep a valid tag securely fastened to the dog's choke chain, collar or harness, which must be worn by the dog at all times. 3.3 No person shall counterfeit an official dog tag of this City, or use such a counterfeit tag, or aid or abet in any such violation of this ordinance. SECTION 4. RESTRAINT OF ALL DOGS AT ALL TIMES 4.1 No owner of a dog shall permit his dog to be at large in this City, but shall keep such dog under restraint at all times. SECTION S. CONFINEMENT INDOORS OF CERTAIN DOGS 5.1 The owner of a dog shall confine within a building or secure enclosure every fierce, dangerous or vicious dog, except when securely muzzled and in the control of a competent person. 5.2 Every female dog in heat shall be confined in a building, secure enclosure, veterinary hospital or boarding kennel. SECTION 6. KEEPING OF NUISANCE DOGS PROHIBITED 6.1 No person shall keep or harbor a dog which habitually barks or cries. Any such dog is hereby declared to be a public nuisance. 6.2 No person shall keep more than three (3) dogs or cats over four (4) months of age upon any premises within the City limits. The keeping of more than three (3) such dogs or cats is hereby declared to be a public nuisance. SECTION 7. BITING 7.1 No owner shall permit his dog to attack or bite a person outside the owner's premises. (1301) 3 SECTION 8. ANIMAL SiiELTER 8.1 The City Council may provide for a City -owned animal shelter or may designate as the animal shelter of the City a suitable kennel either within or outside the City. SECTION 9. ANIMAL WARDEN AND ASSISTANTS 9.1 The City Council shall designate the animal warden and may if it so determines appoint such additional persons as it may deem necessary to aid and assist such animal warden in the performance of his duties hereunder. All references to the animal warden in this ordinance shall be deemed to include such assistants. Such persons and the police office2 of the City shall have police powers to cite owners of dogs for violations of this Ordinance, in addition to their powers in impounding dogs. SECTION 10. IMPOUNDING DOGS 10.1 The Animal Warden and his assistants and any police officer of the City may take up and impound any dog found not to be kept, confined or restrained in the manner required by this Ordinance. To enforce this Ordinance, such officers may enter upon private premises where it appears or where there is reasonable cause to believe that a dog is not being kept, confined or restrained as herein required. Any dog so impounded shall be confined in the Animal Shelter in a human manner for a period of not less than six (6) days, exclusive of Saturdays, Sundays and holidays, if not claimed prior thereto by its owner. Thereafter said dog shall become the property of the City, may be disposed of in a humane manner or may be sold to or placed in the custody of some other suitable person. If a dog is destroyed pursuant to this chapter, the license for such dog shall expire. 10.2 Immediately upon the impounding of a dog wearing a current license, the animal warden shall make every reasonable effor to notify the owner of such dog of such impoundment and of the conditions whereby the owner may regain custody of the dog. Any verbal notices shall immediately be confirmed in writing by the animal warden. SECTION 11. REDEMPTION OF IMPOUNDED ANIMALS 11.1 Any dog impounded hereunder, not being held for suspected disease, may be reclaimed by the owner within six (6) days, exclusive of Saturdays, Sundays and holidays, upon payment of the owner to•the City of an impounding fee of Ten Dollar; ($10.00) for the first redemption, Twenty -Five Dollars ($25. <',•y for the second redemption in a twelve-month period, and " Fifty Dollars ($50.00) for the third redemption in a twelve- month period, plus the cost of the City for keeping such dog (1301) 4 in the City Animal Shelter. If the dog so reclaimed requires a license under the provisions of this Ordinance, such license shall be obtained before such dog is released. SECTION 12. INTERFERENCE No person shall interfere with, hinder or molest the animal warden or any of his assistants or any police officer in the performance of their duties hereunder, or seek to release any animal in the custody of the animal warden except as herein provided. SECTION 13. KILLING DOGS WHICH CANNOT BE IMPOUNDED If a dog is diseased, vicious, dangerous, rabid or exposed to rabies and such dog cannot be impounded after a reasonabl effort, or cannot be impounded without serious risk to the persons attempting to impound, such dog may be immediately killed. SECTION 14. DISEASED ANIMALS 14.1 Whenever the animal warden, any pol9.ce officer, or the Healt Officer have reason to believe that any dog or cat in the City of Mendota Heights has been exposed to rabies, or whenever the animal warden, any City police officer, or the Health Officer has reason to believe that a dog or a cat has bitten any person within the City of Mendota Heights, the animal warden, any City police officer, or the Health Office is hereby authorized and empowered to take such dog or cat to the Animal Shelter and there keep such dog or cat for suc time as the Health Officer shall order, to give the Health Officer an opportunity to determine whether such dog or cat is diseased and no diseased dog or cat shall be killed unle_ so ordered by the Health Officer. The cost of keeping such or cat in the City Animal Shelter shall be paid by the owner of such dog or cat. Such impounding may be by the owner whc must keep such dog or cat inaccessible to other animals and confined within a building approved by the Health Officer ar the owner shall furnish proof in writing that such dog or c� is being impounded, unless a complaint is signed by the per: bitten, or a parent or legal guardian of the person bitten, which requires impoundment at the City Animal Shelter. On expiration of such impoundment period by the owner, if the doa or cat does not have rabies, it may be released, and the Health Officer shall be notified just prior to such release If the dog or cat is impounded in the Animal Shelter, such dog or cat may be reclaimed on expiration of such impoundme= period after payment by the owner of the costs of such. impoundment. (1301) 5 SECTION 15. REPORTS OF BITE CASES 15.1 It shall be the duty of every physician or any other person to report to the animal warden the names and addresses of Persons treated for bites inflicted by animals within the City of Mendota Heights, together with such other information as will be helpful in rabies control and the animal warden shall immediately inform the Health Officer of such report. SECTION 16. RESPONSIBILITIES OF VETERINARIANS 16.1 It shall be the duty of every licensed veterinarian to report to the animal warden his diagnosis of any animal within the City of Mendota Heights observed by him as a rabies suspect and the animal warden shall immediately inform the Health Officer of such report. SECTION 17. INVESTIGATION 17.1 For the purposes of discharging the duties imposed by this Ordinance and to enforce its provisions, the animal warden or any police officer of this,City is empowered to enter upon the premises upon which a dog -is kept or harboered and to demand the exhibition by the owner of such dog and/or the license for such dog. The animal warden or any police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when in his opinion it requires humane treatment. SECTION 18. EXEMPTIONS 18.1 Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this chapter except where such duties are expressly stated. 18.2 The licensing requirements of this chapter shall not apply to any dog belonging to a non-resident of the City and kept within the City for not longer than thirty (30) days provided that all such dogs shall at all times while within the City be kept under restraint. SECTION 19. RECORDS 19.1 It shall be the duty of the animal warden to keep or cause to be kept, accurate and detailed records of the licensing, impoundment and disposition of all animals coming into its custody. (1301) 6 CITY OF MENDOTA 11EIGIP16 DAKOTA COUNTY STATE OF MINNESOTA ORDINANCE 11O% 25 All ORDINANCE AMENDING ORDINANCE NO. 1301, "AN ORDINANCE REGULA'PING DOGS AND CAPS, PROVIDING FOR THE LICENSING OF DOGS AND CATS, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF." SECTION I. Section 20 shall be renumbered as Section 21. SECTION II. A new Section 20 shall be added to said Ordinance No. 1301, providing in its entirety as follows: SECTION 20. Dog Waste. 20.1 It is unlawful for any person to cause or permit a dog to be on any property, whether public or private, not owned or possessed by such person, unless such person has in his/her immediate possession a device for the removal of excrement anpfor ctransmission ex proper receptacleloateduponproperty excrement to a p p owned or possessed by such person. 2092 It is unlawful for any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person, to fail to remove excrement left by suchh dog or possessed by such receptacle located on prop y owneperson. 20.3 The provisions of this section shall not apply to the ownership or use of seeing eye dogs by blind persons, dogs used in police activities by the City, or tracking dogs when used by or with the permission of the City. SECTION III. This Ordinance shall be in full force and effect from and after its adoption and publication according to law. Enacted and ordinance into an ordinance this Tenth day of May, 1988 CI'PY COUPICIL CITY OF MENDO'PA IIEIGIITS A'I"I'ES'P Charles E. Mertensotto / Mayor K thleen M. Swanson t. ity Clerk