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HomeMy WebLinkAbout1992-04 02-25 AP City of Brooklyn Center CITY OF BROOKLYN CENTER Mi nnesota Sun Publications Notice i(;hereby given that a public hearing will be held on the 24th day of February, 1992, at 7:15 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider An AFFIDAVIT OF PUBLICATION Ordinance Adding C hapter 20RegarringTrees. Auxiliary aids for handicapped persons are available upon request as least 96 hours in advago% Please contact the Personnel Coordinator at 569 -3300 to make STATE OF MINNESOTA) arrangements ORDINANCE NO SS. COUNTY OF HENNEPIN) AN o CHA PT .R 26-REGARDING TREE TO THE: CIT Y ORDINANCES Gre P t a c i n being duly sworn on an oath says that he/she is THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; the publisher or authorized agent and employee of the publisher of the newspaper known as Section, 1. Chapter 20 is hereby added to the City Ordinances with language as follows: Brooklyn Center Sun -Post APT .R 20 -TR. and has full knowledge of the facts which are Section 20 -100, PURPOSE. The purpose of this ordinance is to establish policies to orotect.and enhance the City of Brooklyn Center's urban fores to t he extent found by stated below. the City Council to be practical within available financial and staff resources. Section 20- 101, <MANAGEMENT, The director of public works or desienee shall be O A Th r has complied With all Of the requ constituting qualification 8S a q ualifie d n e wspape r, responsible for developing policies regarding the care. prese planting. Th n ewspaper ng Q Q 8wspape replanting. removal. or disposition of trees and shrubs in parks. in the public ri ght of way. alone,trails. and in other public arras. and for developing an annual tree planting as provided by Minnesota Statute 331AA2, 331A.07, and other applicable laws, as amended. ana maintenance plan. QM, The language set forth in this ordinance shall be in accordance i th the. follow=' d4nitions, (B) The printed Notice of P H e a r i n Lf lJ oul ard_ The area between the edge of the ataeet or the back of the curb where curb and exist and the prnerty line. I Public Any tree or shrub located in any park public rieht of way trail, or Public space. Includes but is not limiyed to the grounds of public buildings: desienated'open space: ci ow ned orepertr. streej alley. and trail rights of wav, which is attached was cut from the columns of said newspaper, and was printed and published once each week, CA_uF AM MA_iNTENANCE OF TREES Section 20 -200. P i TR RE IN U,NERAL•_ for one successive weeks; it was first published on W e d n e s d a v the 55 day S nbtli} jon 1. Care of Trees in Areas. The City shall have the right to pjant pnsn�. maintain. and remove 'trees_ plants. and shrubs in parks. in the publi to c F e b r u a r r 19 9 2 and was thereafter Tinted and published on right of w alone trails. and in ether public'. teas. as maybe necessary or desirable to p p @Very n pc safety or to preserve or enhance, the symmetry and beauty o� such pun lie and including the day Of 19 and printed below is Su `sign 2. Removal of Unsafe Trees The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature or location is iniurious to sewers. electric mower lines. eas lines, water lines a copy of the lower case alphabet from A to Z both inclusive, Which is hereby acknowledged as being the size or other c improvements. or is affected with any injurious fun_mus. insect:' or other 3 ubd vi on 3. Planting Boulevard Trees. No tree may be planted on the boulevard xc and kind of type used in the composition and publication of the notice: fent by Hermit obtained from the director of public works or desienee. The City may move• pye. or trim o r cause or order t he moved. removed. or trimmed any boulev not planted by permit, or any 'bouleva tree which is not in comoliance abcdefghUklmnopgrstuvwxyz boulev adjacent plpper•ty owners nmvidin selection. location. and care of said trees are in accordaj%v ith the nrovisions of this code. BY Section 20 -201. TREE TRIMMING The City shall have the authority to trim trees in parks'and other p ublic §paces. The City shall have the authority to trim boulevard General M a n a e r trees- weed ed. to allow the movement of the tallest p ieces o f street maintenance TITLE ip t afore the st rf,!f, The oroggM owner shall be responsible for aeathetic trimming for trimming op anv c orL )ot which is neces t o allow visibility at intersections in the sight triangle bounded by the property lines of said lot and a Acknowledged before me on this straightetfne fofnfng points on such property )does 25 feet from their intersection of the prop erty lines. pursuant to Section 35 -560 of this code: for trimming of any boulevard 5 d of February 1 0 92 tree or ahrob which is necessary to maintain adequate sightlines for vehides. bicycles and ne trians: and for any other trimming not spccifically assigned to the City in this section... S ion 20 202: PRUNING EMQ4 L OF DEAD BRANCHES AND TREES, Every pxner of anv tree within the C ity shill or•une the branches so as to remove all Ora r dead, diseased. dangero o r broken or decaved limbs. Any standing dead or fallen tree D i OM is hers y declared a public nuisance Ru6mes of sections 19 -101 through 19 -106 of r tvCS' 6ar1Y 7�uE It ;-,53§ i'Lii �S this code. Any such tree shall be removed and disposed of promptly by the owner, or in �sL1�1iiEFa±d t]tiiLrlY ,a the case of boulevard t rees by the adiacrnt rrrpper•¢y owner Sta nding and fallen dead MY C4WWWOON FXPIWN 7-2, trees located in public -owned nature areas or open spaces shall be removed at the die on of the director of public works or designee. Sp a n 20 203. STORM DAMAGE, Thp City shall be re=nsible for cleamclea nn of RATE INFORMATION downed or broken limbs or otherwise stmm damaged boulevard trees. The adiacent utopRM Towner is responsible for stump removal. on 20 -204. STUMP REMOVAL. All ,boulevard stumps shall be removed: four (1) Lowest classified rate paid by commercial users 1.30 per line inched'helow the surface of the ground so that the top of the stump shall not oreiect for comparable space (Line, word, or inch rate r. above the surface of the eroLrrd. (2) Maximum rate allowed by law for the above matter 95.9 per line 20-2G5. ABUSE OR MUTILATION OF TREES, No nerson shall (Line, word, or inch rate) damaoe. cuL carve, transplant or remove any oublic tree: attach (3) Rate actually charged for the above matter 67 per line s i (Line, word, or inch rate) fire or verndtany fire W bm when such fire or the heat th any portion of the tree- or tpAirect or authorize such activity 0 Section 20 -206. PRESERVATION STADMAR S. No Excavation Permit, Buildine E=2it L ±.Abur&A11. %j& Ap=byaL nwathsr relevant P rrai •n. Anm%Ly 1 may granted until the director of public works or designee' determines that the existing trees are adepuately protected and preserved- Only adeauately- urotected and °reserved trees may be considered as providing credit toward site landpeaping reauirements for certain types of development detailed in Chanter 35 of this code. DETECTION AND CONTROL OF T F.. DISEASE 0 A06. rte' m cer ++•TMrIP TION Ite City shall pa So ++e!se -n -t of the cost of removal of diseased boulevard trees• prmnded such removal is conducted under the Citv+a annual IMmased Tree RemaYal contract.: PI ANTING OF TREES Se,-tt OM EDGE OF STREET OR SIDEWALK `Wherg:lh�' side is no nr f„�m the back of the cL+rb where curb and ¢utter ha bee irk Iled Where theia ie Pwalk ana th boulevard is oreat han twelve f eet wide- b� +leva*r trees are grovide t 1 tarl nn loser han w+ i ,t r she treet or from the hack of the chin and no closer than three feet from the edge of the sidewal rrn_ here is P 4 and twelve feet wide a sid ewalk and the boulevard rs betty en •1tea provided they are utant!aa rn he 'oldie of the M boulevard trees are ge= is a sidewalk and the boulevard is less than six feet dev may bt planted A ny trees lan w hin srd w1 +at be plant d utih2mg tree q,,,.h stidew g ;a s `i .n dea;¢n detals approved by the diT o� b f f ffom the edge of n++ +he aide opposite the street. Secti 90-40+,. UTILITIES 'i I a,+ which may attain a h of 25 feet or less at M&turity may be planted Under or mEj any overhead utility wire No boulevard tree "v hp n,�a ^*efl over or within 5 Pr lrn wer hn tra a ,salon line. or tl,e' r!tilitV. Section 20-40 E SPECIES The City promotes -a divers; urbarL forest so as to minimize the the City Council sha annually adopt a resolution desien allowable +l and tree $F *STRATIOI` OF TRF TRI�SMF.MOMERS Sec tion 20- 501, REGISTRATION RE tllR .D. It shall he u ulawful for any individu gart norrhi a a b m g the cutting. SLlR1BbL or othera:ae treatinfof trees or sh +hs in the City without re gi s t ra tion from the City to conduct such bLine Aunlication for the r edatration is m a d e e Cit w g d2j!2nee. ReWatratio will he erant�d through upon proof t for registration is set by Cdju resolution from time time The regist ration expires annually on Da-;m—be-3l. o t jKMferable. The registration fee must be paid to the clerk at the time of application The reAstration fee wr11 not be urorated. Se RE4Ll1REM=. The A22b W most file ostth the clerk a certificate of insurance showing the applicant has ourchased RW& liabrlity and _,w w hic h will remain rn effect for the term o the red tion. and that the insurance wil not be c an ..Ple.r without 10 days noti to the City The uoliig p or policies of bli liability ur _e shall provide public hab+hty nn.� era2e to the ep�L. jg m. S300 the mount of 0100 000 for bodily iniury to or death of one person per o.t +rn8[ic 000 because of bodily iniury to or death of more than one pe rson or occurrence- and 5100 000 property damage cove_r_agn per occurren a s name the City as an additional ins Section 2. Sections 1 9-1501 through 19 -1505 are herby renumbered 20 -301 through 20 -305. Section 3. Section 19 -1506 is hereby renumbered 20 -900. Section 4. This ordinance shall become effective after publication and thirty (30) days following its adoption. Adopted this day of .19— may- ATTES'P Deputy City Clerk (Brackets indicate matter to be deleted, underline indicates new matter.) C'eb. 5,1992)- Brooklyn Center