3. City of Mountain LakeORDINANCE NO. 3-07
An Ordinance of the City of Mountain Lake Establishing the Boulevard, Tree and Shrub Policy
and the Tree Commission.
Be it ordained existing Section 8.05 of the Mountain Lake City code is repealed and a new
Section 8.05 is adopted to read as follows:
Section 8.05 Regulation of Trees and Establishment of Tree Commission
Purpose: The City of Mountain Lake (herein called the “City”) believes that it is in the best
interest of the general public for the City to regulate boulevard landscaping and treatments as
well as the planting, pruning and removal of trees located upon City boulevards, rights-of-way
and easements. The City encourages the proper planting and care of trees within the City. The
City Tree Inspector or designee shall have the authority to enforce the City Code and implement
related policy.
Subd. 1. Definitions
A. Right-of-way – City, County or State owned or controlled property designated to be used
for streets, sidewalks, alleys, and boulevards.
B. Boulevard – The portion of a right-of-way that is located between the concrete curb and
property line of adjacent private property (approximately fifteen feet), including the sidewalk or
area reserved for sidewalk.
C. Easement – Permission granted by a property owner authorizing the City to enter a strip
of land for the purpose of constructing and maintaining streets, public utilities, storm drainage
ways, or ponding areas.
D.Tree Inspector - A person retained by the City responsible for inspecting trees within city
limits and implementing this ordinance. The tree inspector may appoint a designee and retain
a tree care service to carry out the provisions of this ordinance. Any tree care service retained
by the City must show proof of insurance in an amount as deemed appropriate by the City.
Subd. 2. Boulevards
A. General standards: Boulevard sections of public rights-of-way throughout the City can be
planted with grass, or a combination of grass and deciduous trees. Any trees planted within or
near boulevards shall be of a species acceptable to the City and planted and pruned in such a
manner to insure that foliage does not obstruct pedestrians, vehicles, utility lines or regulatory
signage. It is the responsibility of the adjoining property owners to properly maintain
boulevard grass and trees, to keep the area free of weeds and debris, and to remove any
substance or material that may be hazardous to pedestrians.
Subd. 3. Tree Planting
A. Varieties of trees: Only those trees identified on the attached list may be planted on the
City’s rights-of-way, boulevards and/or easements.
B. Suitable planting conditions: Generally, trees planted on boulevards shall adhere to the
specifications as described in the attached “Mountain Lake Acceptable Shade and Boulevard
Trees.” This information refers to the space from the tree to the back of concrete curb and to
the sidewalk (or area reserved for sidewalk if none exists). It also specifies which trees are
acceptable for planting under power lines.
C. Spacing: No trees shall be planted closer than the following: large trees-thirty (30) feet
and small trees-fifteen(15 ) feet of another tree and/or stop sign and fifteen (15) feet of a
light standard, power pole, or hydrant without approval of the Tree Inspector or designee.
Also, no tree shall be planted where it may interfere with sight lines to traffic signs, the clear
view at intersections, the overhead power lines, street lighting or any other City
infrastructure. No street trees, other than those species accepted as small trees on the
“Mountain Lake Acceptable Shade and Boulevard Trees” list may be planted under
any overhead utility wire or within fifteen (15) feet of any other utility.
1. Exceptions – If the green space does not meet the size requirements for planting
or there are any other special circumstances, the Tree Inspector or designee shall
review each proposed planting on an individual basis.
D. Wrong Choice of Planted Tree: The Tree Inspector or designee may require the
replanting of a boulevard tree at least three (3) feet (minimum) behind the sidewalk or space
reserved for sidewalk on either public or private property, if it is interfering with sight lines to
traffic signs, the clear view at intersections, the overhead power lines, street lighting or any
other City infrastructure.
Subd. 4. Tree Removal on Public and Private Property
A. Reasons for Tree Removal ( Exceptions considered on an individual basis.)
1. Disease
2. Dead or declining health
3. Structurally hazardous/obstructs views
4. Undesirable species
5. Insufficient growing space
6. Threat to the health and well being of the public and/or urban forest.
B. 1. City Action/Non-Utility: The Tree Inspector, as appointed by the City Council,
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 lacks the minimum clearance over streets,
alleys and sidewalks, is dead or is affected with any injurious fungus, insect, or other
pest which constitutes a potential threat to the trees within the city. The Tree
Inspector will notify in writing the owners of such trees. Removal shall be done by
said owners at their own expense within 60 days after the date of service of notice. In
the event of failure of owners to comply with such provisions, the city shall have the
authority to remove such trees and charge the cost of removal on the owner's
property tax assessment.
2. City Action/Utility : Any tree or part thereof which is unsafe or injurious to
sewers, electric power lines, water lines, and other public improvements shall be
removed or trimmed as set forth in Ordinance 3.05 Subd. 5.
C. Removal of Stumps: All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project above the surface
of the ground. The waste material shall be cleaned up and the hole filled with soil.
Subd. 5. Tree Commission
A. Establishment. A Tree Commission is hereby established.
B. Purpose. The purpose of the commission is to aid and advise the City Council in the
creation and implementation of a plan for the development, conservation, and care of the
urban forest resources of the City.
C. Composition. The commission shall be composed of five members. One member from
the City Council shall serve as an additional non-voting member of the commission. The
term of office will be three years. Members will serve without compensation.
D. Procedure.
1. The commission shall adopt rules for the conduct of its affairs, including the frequency
and schedule of meetings. These shall be filed with the City Clerk.
2. All meetings of the commission shall be open to the public.
3. The commission shall record minutes of each meeting and shall file such minutes and
an annual report of the activities of the commission with the City Clerk. The commission
may file such other reports or pertinent information as the commission deems
appropriate. A majority of the members shall be a quorum for the transaction of business.
E. Duties. In fulfillment of its purpose, the commission's duties and responsibilities shall
include, but not be limited to, the following:
1. Coordinate a community inventory of all trees and available planting spaces on public
property, and upon completion of the inventory, supervise the updating of the inventory
every three years.
2. Recommend the manner in which the City of Mountain Lake prunes and/or removes
dead or weakened portions of trees.
3. Develop and implement a program of plant health management, including monitoring
of insect control and disease situations; management of hazardous trees; selective
treatment; and maintenance of tree vigor.
4. Develop and implement a plan for the selection of trees to be planted on public
property to insure the diversity of species, ages, and sizes within the City's urban forest
and to lessen damage to the City's urban forest caused by insects, disease, and the
environment.
5. Educate and inform residents on matters concerning the betterment of trees and related
resources.
6. Advise the City Council on various other matters concerning trees and related
resources, including, from time to time, evaluation of and recommendations regarding the
City's boulevard tree and shrubs policy and other ordinances affecting trees.
7. Accept such other responsibilities and functions as the City Council may from time to
time direct.
Passed and approved this 16th day of April, 2007.
________________________________
Mayor
ATTEST:
________________________________
City Clerk
Motion Carried
Ayes - 4
Nays - 0
Abstain - 0
Published in the Mountain Lake Observer on , 2007.
The tree policy was reviewed. Motion by Harder, seconded by Stoesz to adopt the tree policy.
Motion carried unanimously.
MOUNTAIN LAKE TREE POLICY
A. Pruning recommendations:
1. Pruning cuts should be made just outside the branch collar. No more than one-quarter
(¼) of the tree's live crown should be removed in a single growing season.
2. Remove dead or damaged limbs that may fall and cause damage or injury.
3. Remove low limbs or branches that interfere with pedestrian or vehicular traffic by
pruning to a minimum height of thirteen (13) feet over all public roadways, alleys and
easements and a minimum height of eight (8) feet over sidewalks.
4. Remove limbs or branches blocking traffic signs and street light efficiency.
5. Reduce overhead utility line conflicts.
6. Improve aesthetic appearance and general health of the tree.
B. Tree Topping: It shall not be normal practice, for any person, firm, or city department to
top any boulevard or other tree on public property. Topping is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within the tree's crown to such a
degree so as to remove the normal canopy and disfigure the tree. Crown reduction may be
substituted, where appropriate. Trees severely damaged by storms or other causes, or certain
trees under utility wires or other obstructions where other pruning practices are impractical
may be exempted from this provision.
C. Reimbursement Programs: There may be either ReLeaf or City reimbursement programs
available to partially fund tree planting or removal on boulevards and rights-of-way.
Information concerning these programs may be requested at City Hall.
D. Storm Response: Certain emergency response protocol is followed after a devastating
windstorm, which may include search and rescue, finding downed power lines, and looking
for other hazardous conditions or situations. Tree cleanup priorities:
1. Open up priority routes throughout the City
2. Open all roads and alleys throughout the City
3. Remove hazardous trees and/or hanging branches
4. Grind stumps
E. Replacement: In order to maintain the overall forest, reasonable efforts shall be made to
replace trees that are removed and protect quality trees that are endangered.
F. Construction: Trees of desirable species and good health shall be protected as much as
possible from damage during construction, sidewalk repair, utilities work above and below
ground, and other similar activities. The zone of protection shall include the ground beneath
the canopy of the tree.
Revision of Public Nuisance Letters
The three letters used in progression with public nuisance warnings and citations were reviewed.
Several minor changes were made. Motion by Schultz, seconded by Harder that the revised
letters be adopted and used by the Police Dept. Motion carried unanimously.
Tort Limits Waiver for League of Minnesota Cities Insurance Trust Policy
The benefits and detriments of waiving the tort limits were discussed. Motion by Schultz,
seconded by Stoesz to waive the limits for the ’07-’08 policy. Motion carried unanimously.
Fire Hall Update
An energy audit has been done on the hall by Greg Ernst of Ernst and Associates. A full report
will be available in two weeks.
Closing of 700 block of 9 th St. N.
Two residents of the block will be holding an auction on April 28. Motion by Harder, seconded
by Stoesz to close the block, from Prince St. to Basinger, beginning at 11 a.m. Sat. April 28.
Motion carried unanimously. The residents have agreed to set up and take down the barricades.
1419 2 nd Ave.
The hazardous building resolution was served on the owner April 2. The owner has verbally
notified the city that the building will be demolished. The administrator is waiting for written
confirmation and a schedule.
Annexation Ordinance #5-07
An error was found in the legal description of the Lakeview Estates (Anderson property)
Annexation Ordinance #8-06. Motion by Schultz, seconded by Stoesz to adopt Ordinance #5-07
with the correct legal description. Motion carried unanimously.
ORDINANCE NO. #5-07
The City Council of the City of Mountain Lake, Minnesota, does ordain:
1. That the following described territory, which abuts on the
corporate limits of the City of Mountain Lake and which is owned by the City of
Mountain Lake is hereby annexed to the City of Mountain Lake and the city
corporate limits are hereby extended to include the same, to wit:
Part of the Northeast Quarter (NE1/4) of Section Thirty-two (32), Township One
Hundred Six (106) North, Range Thirty-four (34) West in Midway Township,
Cottonwood County, Minnesota, described as follows:
Commencing at an existing iron monument at the southeast corner of the
Northeast Quarter (NE1/4) of said Section Thirty-two (32); thence north 00
degrees 00 minutes 00 seconds east, assumed bearing, along the east line of said
Northeast Quarter (NE1/4), a distance of 724.00 feet, to the point of beginning;
thence continuing north 00 degrees 00 minutes 00 seconds east, along the east line
of said Northeast Quarter (NE1/4), a distance of 896.91 feet; thence south 79
degrees 39 minutes 40 seconds west, along the southerly right of way line of the
Township Road, a distance of 224.58 feet; thence southwesterly, along said
southerly right of way line, along a tangential curve concave to the southeast,
having a radius of 305.29 feet, a central angle of 05 degrees 48 minutes 40
seconds, an arc distance of 30.96 feet; thence south 73 degrees 50 minutes 38
seconds west, along said southerly right of way line, a distance of 731.73 feet;
thence southwesterly, along said southerly right of way line, along a tangential
curve concave to the southeast, having a radius of 371.29 feet, a central angle of
17 degrees 47 minutes 12 seconds, an arc distance of 115.26 feet; thence north 88
degrees 17 minutes 51 seconds west, along said southerly right of way line, a
distance of 607.56 feet; thence southwesterly, along said southerly right of way
line along a tangential curve concave to the south, having a radius of 305.29 feet,
a central angle of 07 degrees 32 minutes 22 seconds, an arc distance of 40.17 feet;
thence south 84 degrees 08 minutes 08 seconds west, along said southerly right of
way line, a distance of 512.93 feet, to a point on the east line of the Mountain
Lake Golf Course, as per Document Number 153586 filed in the Cottonwood
County Recorder’s Office; thence south 00 degrees 26 minutes 10 seconds west,
along the east line of said golf course, a distance of 594.19 feet, to an existing iron
stake; thence south 89 degrees 57 minutes 42 seconds east, a distance of 2230.33
feet, to the point of beginning.
The tract contains 35.57 acres and is subject to existing Township Road Easement
and other Easements of Record, if any.
2. That the area being annexed consists of 35.57 acres, and is situated
entirely within Midway Township, Cottonwood County, Minnesota, and does not
abut or include any area within any other township or any other city.
3. That this ordinance shall be effective upon passage and approval
by the Municipal Board, and a copy shall be filed with the Clerk of Midway
Township, the Cottonwood County Auditor, the Secretary of State, the
Cottonwood County Recorder, and the Municipal Board.
Adopted by the City Council this 16 th day of April, 2007.
____________________________________
Mayor
Attest:
_____________________________________
City Clerk
Public
Jim Johnson, 1101 Boxelder Ave. appeared before the council to question a public nuisance
citation. The council agreed to extend the clean up period to May 21.
Adjourn
The meeting was adjourned at 8 p.m.
ATTEST:
_______________________________________
Wendy Meyer, Clerk/Administrator