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HomeMy WebLinkAboutCC May 19, 1992 CA. CITY of ANDOVER Regular City Council Meeting - May 19, 1992 8:01 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items l. Public Hearing/Woodbine Street watermain/92-6 2 . Public Hearing/Vacation of Easement/pleasant Oaks Park 3 . Public Hearing/Vacation of Easement/13611 Bittersweet Street 4. Approve Final Plat/Meadows of Round Lake 5 . Award Bid/Meadows of Round Lake/91-27 6 . Special Use Permit (Mining)/WDE Site/Wasteco, Inc. 7 . Variance/17910 Palm Street N.W. 8. Ordinance 29C 9 . Tree Preservation policy Staff, Committees, Commissions 10. Forfeit Land, Cont. 11. Approve 1992 Park Capital Improvements 12. Approve Res./Kelsey-Round Lake Park Grant Application 13. Approve Consultant/Kelsey-Round Lake Park/Historical Society 14. Approve Park Dedication Funds/Kelsey-Round Lake/Revised Site plan 15. CDBG/Award Funds/Social Service Organizations 16. Authorization to purchase Accu-Votes Non-Discussion Items 17. Authorize Preparation of Feasibility Report/Well #4/92-13 18. Award Bid/92-2/Weybridge 2nd 19. Approve Final P1at¡Weybridge 2nd 20. Approve Plans & Specs/Pinewood Estates/92-8/Trunk San. Sewer 2l. Approve plans & specs/Winslow Hills 2nd/92-4 22. Approve Easement/pleasant Oaks Park 23. Receive April Financial Statements 24. Receive Petition/oak Hol1ow/92-12 25. Accept Resignation/Tree Commission Member 26. Approve Resolution Expending PIR Funds Mayor/Council Input ~pproval of Claims Adjournment ANDOVER CITY COUNCIL REGULAR MEETING - MAY 19. 1992 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · . · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING/WOODBINE STREET WATERMAIN/IP92-6 · · · · · · · · · 2 Motion to close hearing and table to next meeting. · · · · · · 3 PUBLIC HEARING/VACATION OF EASEMENT/13611 BITTERSWEET STREET Resolution R065-92 vacating road easement · · · · · · · · · 3 PUBLIC HEARING/VACATION OF EASEMENT/PLEASANT OAKS PARK . · · · · · 3 Resolution R066-92 vacating road easement · · · · · · · · · · 3 APPROVE FINAL PLAT/AWARD BID - MEADOWS OF ROUND LAKE · · · · · · · 4 Motion to table items to special meeting on May 26 · · · · · 5 SPECIAL USE PERMIT/MINING/WDE SITE/WASTECO. INC. Resolution R067-92 Approve SpecIal Use Permit/Mining · · · · 6 VARIANCE/17910 PALM STREET NW Resolution R068-92 Approve variance · · · · · · · · · · · · · 6 ORIDNANCE NO. 29/TREE ORDINANCE AND TREE PRESERVATION PLAN · · · · 7 Motion to adopt the ordinance and Plan/died for lack of second. 9 Motion to refer back to Tree CommissIon · · · · · · · · · · · · 10 NON-DISCUSSION ITEMS Accept forfeit land/Smith's Green Acres out lots . · · · · · · 10 Resolution R069-92 - Accept grant/Kelsey-Round Lake Park · · · 10 Approve consultant/Kelsey-Round Lake/Archaelogical Research · · 10 Expend $500 to revise Kelsey-Round Lake park site plan . . . . 10 Authorize purchase of two Accu-Votes · · · · · · · · · · · · 10 Resolution R070-92 - Feasibility report for well #4 . · · · · · 10 Resolution R071-92 - Award contract/92-2/Weybridge 2nd · · 10 Resolution R072-92 - Approve flnal plat/WeYbrldge 2nd. · · · · 10 Resolution R073-92 - Approve final plans/92-8/Plnewood Estates trunk san i tary sewer . . . . . · · · · · · · · · · · · · · · 10 Resolution R074-92 - Approve fInal plans/92-4/Wlnslow HIlls 2nd 11 Rece I ve Apr i I financial statements · · · · · · · · · · · · · · 11 Resolution R075-92 - Order feasibllity/92-12/0ak Hollow streets 11 Accept resignation of Steven Morrison/Tree Commission · · · · · 11 Resolution R076-92 - Authorize $4.220/PIR/wall in Public Works. 11 Assessment Abatement/PIN 15 32 24 32 0012 · · · · · · · · · · · 11 APPROVE 1992 PARK CAPITAL IMPROVEMENTS Motion to approve · · · · · . · · · · · · · · · · · · · · · · 11 CDBG/AWARD FUNDS/SOCIAL SERVICE ORGANIZATIONS · · · · · · · · 11 Motion to allocate the funds · · · · · · · · · · · · · · · · · 12 Andover City CouncIl MeetIng - May 19. 1992 Table of Contents Page ii APPROVE EASEMENT/PLEASANT OAKS PARK - Table · . · · · · · 12 APPROVAL OF CLAIMS . . . . . . . . . . . · · · . · · · · · · · · · 12 MAYOR AND COUNCIL INPUT Junkvard activities within buildings · · · · · · · · · · · · 12 ADJOURNMENT . . . . . . . . . . . . . . · · · · · · · · · · · · 12 CA CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 19. 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Orttel on May 19. 1992: 8:01 p.m.. at the Andover City HaIl. 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, McKelvey. Perry. Smi th Councilmembers absent: None Also present: City Attorney. Wllliam G. Hawkins TKDA Engineer, John Davidson Assistant CIty EngIneer. Todd Haas City Planner. David Carlberg City Administrator/Engineer. James Schrantz Others RESIDENT FORUM Sue Hurst. 13440 Jav Street - explained they have a purchase agreement from Hokanson Construction to purchase theIr property for development into single family residential homes along with the other properties south of their parcel. However. there is a problem in that their property abutts the Andover Auto Parts junkyard, and that yard does not have its fence In compiaince with the City's junkyard ordinance. According to an amendment. the fence is to be of uniform materIal and color wi th a living barrier. Because of the visual bl ight. she feared they will be unable to finance or sell lots next to the junkyard. She asked what can be done to upgrade that yard. Mr. Carlberg stated he is aware of the problem. The owner had intended to put up a new fence with vegetative planting: but the problem is the City does not know the status of the proposed Commercial Boulevard through that area. It doesn't make sense to require a new fence if it wi 11 have to be removed wIthin a few years to put the road through. Right now the owner does not intend to put up a new fence. Strictly interpreting the ordinance, there is a definite need for improvement. Counc i 1 discussion noted the incompatibility between single fami I y residential and the junkyard uses. though there would be a wide separation if Commercial Boulevard divided the two uses. Staff was asked to place the location of Commercial Boulevard on the next agenda for further discussion. Counc i I also asked that the amount of TIF funds available to construct that road be researched. On a related noted regarding the tax forfeit property off Bunker Lake Boulevard which is in the City's proposed industrial park. Attorney Hawkins advised that if the CIty acquired that property, under the Federal laws it may still be liable for the cleanup of the contamination. The county is aware of the situation and may just hold the property for now. Regular Andover CIty Council Meeti ng Mlnutes - Nay 19. 1992 Page 2 AGENDA APPROVAL It was agreed to add Item 27, Assessment Abatement. MOTION by Perry. Seconded by Jacobson. the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES May 5. 1992 - Correct as written. MOTION by Jacobson. Seconded by Perry. approval of the Minutes. Motion carried unanimously. PUBLIC HEARING/WOODBINE STREET WATERMAIN/IP92-6 8: 13 p.m. Mayor Ortte! noted the petition for watermain construction along WoodbIne Street south of 143rd Avenue In which 6 were in favor. o were against. and 1 property owner was unavailable. Mr. Davidson then revIewed the feasibilIty report on the proposed construction. which proposes to assess an estimated $4,211.80 as lateral and trunk benefIt to each benefitted lot. Harrv MoberQ. 14289 Woodbine Street - stated he sIgned to have a feasibility study done. not on whether or not he wanted the project. He disapproves of the project, as he does not need municipal water. Dave Jablonic. 14269 Woodbine Street - also stated hIs signature does not concur with approval of the proJ ect. He has his well tested every year because hIs wife does day care. and he does not have a problem. His posItion is opposed to this project. Rosella Sonstebv. 4151 141st Lane NW - stated she told the residents that the petition was for a feasibility study only, not for approval of the project. She would Ilke to get the water. but she didn't know how the others felt who are not here tonight. Mr. Schrantz indicated al I affected residents were sent written notices of the hearing. Mr. Davidson stated instead of bringIng the watermain up Vintage as proposed to service the Meadows of Round Lake development to the west. the line could be run across Ms. Sonsteby's lots south of this area if she Is agreeable. then go up Woodbine Street. Then those residents along Woodbine would only be assessed when they hook up to the system. Ms. Sonstebv - felt that is reasonable and agreed to dIscuss that option further with the engineers. Mr. Davidson stated there may be a problem with wetlands on some of her lots. Regular Andover CIty Council Meeting Minutes - May 19. 1992 Page 3 (Public Hearing/Woodbine Street Watermain/IP92-6, Continued) Ms. Sonstebv - stated the lots are not In wetlands but are in a flood plain area. She has been paying taxes and sewer assessments on those lots. which are considered buildable lots. Mr. Jablonic - stated he owns the lot south of his, which he has combined into one. He has no pJans to sell it or separate it. and he does not want water on that one either. He'd be willing to look at having that line come through a portion of that lot. Mr. Schrantz agreed to look at that further. Counc i I agreed to table the item to allow time for the engineers to explore the rerouting of the watermaln J I ne through that subdivision. MOTION by Jacobson. Seconded by Smith. to close the public hearing and ta.ble i t to the next regular meeting. Motion carried unanimously. 8:28 p.m. PUBLIC HEARING/VACATION OF EASEMENT/13611 BITTERSWEET STREET 8:28 p.m. MOTION by Jacobson, Seconded by McKelvey, the Resolution as presented vacatIng a road easement with the stipulatIon in the meeti ng ml nutes that the landowner at least be aware that even wIth the vacation of easement that the water may drain to that area and he may experIence a problem because of that. If that happens, it is his choosing and not the responsibllity of the City. (See ResolutIon R065-92) MotIon carried unanimously. 8:31 p.m. PUBLIC HEARING/VACATION OF EASEMENT/PLEASANT OAKS PARK 8:31 p.m. Me. Haas stated the surveyor for the developer of The Meadows of Round Lake recommends this portion of easement be vacated to eliminate any problems whIch may occur in the future. The road to that development goes over most of the vacated easement. The easement was outside of the ShirJey's AddItIon plan and was gIven as access to Pleasant Oaks park. By vacating the easement. the Jand goes back to the underlying fee owner, which is Nedegaard ConstructIon, the developer of The Meadows of Round Lake. There was no public test imony. MOTION by Perry, Seconded by McKelvey, the publIc hearIng be closed. Motion carried unanimously. MOTION by Perry, Seconded by Smith. the Resolution vacating the road easement as presented adding under NOW THEREFORE BE IT RESOLVED. only upon the recordIng of the final plat of The Meadows of Round Lake. (See ResolutIon R066-92) Motion carried unanImously. 8:35 p.m. Regular Andover City Council Meeting Minutes - May 19. 1992 Page 4 APPROVE FINAL PLAT/AWARD BID - MEADOWS OF ROUND LAKE Mayor OrtteJ reported the indication from the DNR is that they wi J 1 not approve the exit street of Eldorado to be constructed over the wetland to CoRd 116. The City applied for the street with two large culverts, whIch Is a very minImal intrusion of the wetlands: and they are recommending deniaJ wi thout offering any alternatives. The DNR felt the traffic impact by this development on the surrounding neighborhoods is mi nlmal , plus the DNR is now of the opinion that no wetlands should be disturbed. The Mayor stated they have a meetIng with DNR representatives tomorrow on this entire matter, and hopefu I] Y they will know more after that meeting. He also noted that with some mInor changes In the plat. it now consists of 161 lots. Dave Newman. representinc the deveJoper - stated their attorney dIscussed the Eldorado outlet with John Stine of the DNR last Friday, \.¡ho Indicated a short span brIdge over the wetJand may be acceptable. Mayor Ortte 1 noted the hIgh cost of such a bridge, preferring to spend those State Aid monies in other areas of the City. It would not be the City's first choice. Without that outlet. he noted the Impact on the neighborhood to the east and the dangerous corner exitIng onto Round Lake Boulevard. Another point is that Andover has always been sensitive to the wetlands. DIscussion wIth several residents in the audience was on the plat as presented and the action to be taken by the Council. The residents didn't think the final plat could be approved wIthout the approval to exit Eldorado to CoRd 116 and without the acquIsitIon of the last piece of easement for Eldorado Street from the edge of the plat to CoRd 116. A resident also talked with Tom Hovey of the DNR, sensIng the DNR felt the City did not look a tal I possible aJternatlves when placing the street and that the DNR is upset with the way CoRd 116 was constructed through that wetland area. Counc i I noted that CoRd 116 was done by the county. and all permits and mitigation was done and approved by the DNR. They were not aware of other alternatives for this exIt. A resIdent was very concerned about not having the easement all the way to CoRd 116 and the possibIlity of increased costs or not being able to get It if the final plat is approved without that easement. Mr. Newman - stated the plat is 800 feet north of CoRd 116. He has an option with Ms. Sonsteby to acquire the needed easement, though that option runs out in the middle of June. He has an agreement wIth the CIty that he wI] I acquIre that easement and then be reImbursed by the City through MSA funds. If the crossing is not approved by the DNR before the option runs out, eIther the City can acquire the easement directly or he will attempt to extend that option. He didn/t think there would be a problem acquIrIng that easement, as he and Ms. Sonsteby already have an agreed-upon value for that property. It Is not a part of the plat because of the substantial amount of money involved and because of hIs agreement with the City. ReguJar Andover City Council Meeting Minutes - May 19. 1992 Page 5 (Approve Final Plat/Award Bid - Meadows of Round Lake. Continued) Mayor OrtteJ explaIned the reason for the high cost of that easement is because Eldorado Street would be going rIght through the middle of a buIldable parcel. That was done to avoid invasion of the wetJand. He did not feel that easement wi 1 1 be a problem. as the City wi I 1 acquire it either from the developer or the owner. Rosella Sonstebv - stated Mr. Newman has been very good to work wI tho stating she would have no problem extending the option on that property. Several Councilmembers were not comfortable approving the final plat wIthout approval of the Eldorado Street exIt to CoRd 116, indicating they would not approve the plat wIthout it. Pete Rauen. 4110 147th Lane NW - was opposed to the Council proceeding this far with the plat without having approval of that exi t. He felt the CIty could have sat on it for 20 years until the CAB is available. He stated there are no plans to brIng the CAB to that area. He also understood the Mayor to say he would not build a brIdge for the Eldorado Street exit because of the expense, and he dIsagreed wI th that position. The Council explained that wIthout this single-famIly residential plat. the property could be developed Into a mobile home whIch does not require the exit to CoRd 116. They understand that it wIll not be long before the CAB is available because of the development being considered in Anoka. Counc i I also explained that a bridge over the wetland Is very expensive and in the City's opInion is not necessary: plus it is a cost they would rather not incur unless absolutely necessary. But the City is commItted to that Eldorado Street exit. Discussion continued with several residents, speculatIng on the DNR's reasons for opposing the Eldorado Street exit and discussing reasons why the City feels i t Is necessary and possIble alternatives if the exit is not approved. CounciJmember Jacobson asked whether the Park Board agreed to the dolIar fIgures for park dedication. Mr. Haas stated it is a negotiated park dedicatIon between the CouncIl and the developer and the Park Board. The exact figures were negotiated with the developer by Staff and the City Attorney to everyone's satIsfaction. Because a majority of the Counc I I was not comfortable approvIng the plat wIthout some agreement that the E1dorado Street exit wilJ be approved. it was agreed to tabJe the item to next week, hoping more wi II be known after tomorrow's meeting with DNR representatIves. MOTION by Perry, Seconded by Smith, that we set a special Ci ty Counc í 1 meeting for one week from tonight, which would be May 26, 6:30 p.m. . In Counci 1 Chambers. to act on Items 4 and 5, Approve Final Plat and Award Bid. Meadow of Round Lake. Motion carried unanimously. RegUlar Andover CIty CouncIl Meeting Minutes - May 19. 1992 Page 6 ßPECIAL USE PERMIT/MINING/WDE SITE. WASTECO. INC. Mayor Orttel explained the permit was agreed upon as a part of the clean-up process of the WDE Jandfi I 1 site. Mr. Carlberg said there is sti 1 ] the issue of whether Harstad owns interest in the property. Attorney Hawkins understood Harstad had a purchase agreement on the property but assumed it had been cancel led by now. He didn't think i t was a problem, as Harstad hasn't expressed an interest or made a claim on the property: buthewill check into that further and ask the appl icant for documentation that Harstad no longer has an interest In it. Counc i 1 also noted that the City alreadY has a gradIng plan on f i Ie. which Is part of the documents of the response action plan. and the Resolution should be tIed to that document. MOTION by Jacobson. Seconded by Perry, with the one change in Item No. 3 of the Resolution. on the bottom of page 1 , to tIe thIs permIt into the grading plan that the City has on fIle, r move the approval of the application for a Special Use Permit of Wasteco, Inc. , to al low for minIng and land reclamation activIties. (See Resolution R067-92) Motion carried unanimously. VARIANCE/17910 PALM STREET NW MOTION by Smi th, Seconded by McKelvey, a Resolution granting the variance request of John Skogquist as presented (See Resolution R068-92) DISCUSSION: There was a question on whether the ordinance al lows variances on non-conforming structures. Attorney HawkIns advised the ordinance says one cannot expand a nonconformIng use. There is some language about Improving the habitabiJlty or condItions. If the Counc i I felt addIng the deck fe I I wI thin that definitIon, then the variance provision would apply. Mr. Carlberg stated the City has no record on file as to when the house and deck were built. The deck, which is already built, is four feet larger than the orIginal deck. The on]y other alternative would be to require Mr. Skogquist to remove four feet from the deck. Attorney Hawkins stated Section 4.03(H) of Ordinance 8 states normal maintenance of a structure pertaining to a non-conforming use is permi tted, includIng necessary non-structural repaIrs and incIdental alterations whIch do not extend or intensify the non-conforming use. The question for the Counc i 1 Is whether or not the addition of the four feet of deck would be considered normal maIntenance or would be a non-structura] repaIr and incidentaJ aJteration whIch does not extend or Intensify It as a non-conforming use. VOTE ON MOTION: Carried unanimously. Regular Andover CIty CounciJ l'Ieeting Minutes - May 19. 1992 Page 7 ORDINANCE NO. 29/THE TREE ORDINANCE AND TREE PRESERVATION POLICY Mayor Orttel stated when the ordinance and policy was presented to the publ ic. he felt there were some misconceptIons. Mr. Carlberg stated the ordinance was patterned after the Department of Agriculture model ordinance, and the Tree Preservation Polley was taken from Lino Lakes. The documents are basically the same as was discussed with the CounciJ at a joint meeting with the Tree CommissIon with the recommended changes from the Council. Jerrv Windschitl. 3640 152nd Avenue - stated at the hearIng held by the Planning CommissIon, It was apparent that the majority of the Commission was opposed. The CommIssIon requested a I imi t on the amount of pUblic Input, but there was a whole room fu11 of people who did not go on record as beIng opposed because of the process that night. He fe J tal I those at that meeting felt this was a dead issue. If the Counc i 1 is to proceed, he requested that this be readvertised so those people can testIfy as well. Mayor Orttel stated he talked with many residents who were misinformed about the documents. He was puzzled why the people were opposed to the ordinance because there isn't much in it and it is similiar to the existing ordinance. ~1r. Windschitl - felt the fear is the reference in the ordinance of the Tree Preservation Policy. And that pol icy is what was drawIng all of the objections. Typically the ordinance will se t ou t a I 1 of the requirements but does not reference a separate document, stating this is an unusual ordinance. Planning and Zoning Commission Chairperson Bonnie Dehn stated they looked at the ordInance and policy together. When the publlc hearing was opened up to the public, the whole room was full of opposition wI th the excepti on of those who represented the Tree CommIssIon. Those present were asked to I imi t the amount of time when addressing the issue. Mayor Orttel stated one piece of misinformatIon was when one tree is removed. it must be replaced with two others. The pol icy says when the development is compJeted, any damaged trees outside the development areas be replaced. Another big complaint was that this wIll financIally break those on large pieces of property. The Counc i I has said from the beginning that the City will not requIre someone wi th 10 or 40 acres to cut down al I of their trees. The City has agreed to use the vibratory pI ow to try to protect the perimeter of those types of areas. Bob Whitcraft. 16022 Vallev Drive. Tree Commission Chairperson - felt there is a lot of misunderstandIng and clarIfied the intentions of the proposed documents. He reviewed the background regarding the formation of the Tree Commission and the direction given to develop po]cies for the preservatIon of the trees. It's about education. establishing development guidelines, reforestation, disease area identification and abatement for the communIty. Regular Andover City CounciJ Meeting Ninutes - Nay 19. 1992 Page 8 (Ordinance 29/Tree Ordinance and Tree Preservation Polley, Continued) Nr. Whitcraft stated this is to establish guidelines for preserving the City's tree resource the same as was done for development over the years as the City grew. There is no intent to poJice people's property and mandate that they spend their life's savings to cut down diseased trees. If there is a 40-acre parcel in whIch the City Forester finds oak wilt, no one wI 11 force the owner to cut the trees down. But the City wants to take some measures to protect the neighboring propertIes, which may be done by root cuttIng. It is not a foregone concJusion that every oak in Andover wi 1 I be lost. Oak wI It is a controllable and preventable dIsease. The Tree CommIssIon has solcited expert testimony from noted oak wilt and shade tree experts in the State to advIse them on how to construct the community plan. He felt It is typlcaJ that a new plan and policy brIngs on anxieties and misunderstandIngs, and the most important part of the Tree Commission is to try to educate the community on what they can do to help. These are a good start in creating a foundation to preserve the tree resources of this communIty. Nr. Windschitl - stated many of the people who testifed knew about the documents and were old-time residents. Comment was made that this doesn't apply to large tracks of land, but there is nothing in either document whIch states that. There are things In the documents that require that within 48 hours after the Forester comes out that something be sent to the University of Minnesota at their expense. and then respond to the City wIthin four days with the results; and within 20 days they become criminals in the City. In reference to plowing the roots. he stated there is only one plow in the State of Minnesota which is owned by the county and is not available for use. Counc i I noted the vibratory plow owned by the county is avai labJe to the citIes to use as It sees fit once these documents are In place; pIus there are tree services that offer the servIce of severing the roots. Nr. Windschitl - stated the ordinance makes no provisions for exemptions for large- or medium-sized parcels. To the best of hIs knowledge. there have been only two developers in the CIty that have clear cut. But many that have been developing have gone out of theIr way to preserve trees. Maybe part of the problem is it has been patterned after Lino Lakes. He dIdn't know If the Tree Preservation Pol Icy is being enforced in Lino Lakes. Nr. Carlberg stated Andover's pol icy Is not nearly as strict as Lino Lakes. He also explained the ordInance cannot be based on acreage because one 10-arce parcel might have two trees and another might have hundreds. The determInatIon must be made by the City Forester based on what is there. Mr. Windschi t 1 - stated there is a provIsion that if there is a sIgnificant tree. the lots can be requIred to be made bigger, assumIng a street wouldn't be able to be run through where there is a signIficant tree. The pol icy leaves so much for judgement and which Regular Andover City CounciJ Meet! ng Minutes - May 19. 1992 Page 9 (Ordinance 29/Tree Ordinance and Tree Preservation Policy, Continued) could be extraordinarily restrictIve regarding development. He questIoned if there was a wooded piece of property on which the owner wished to farm. could the CIty stop him from clearing the land and farming it? The ordinance leaves the impression that the City could stop hIm. He felt this is way past any reasonablness. BonnIe Dehn. 16485 Tulip Street - spoke as a resident, not as the Planning Commission Chairperson, expressing her opposition to and concerns wIth the ordinance and Tree PreservatIon Policy. She stated she has grown seedlings which are now 40-foot trees, but there is also a lot of diseased trees. They farm for a livIng and was opposed it this means they cannot run an IrrIgation system through a row of trees i f the CIty wants to keep the trees. On the other hand, she felt a Tree Preservation PoJlcy is necessary within reason. The people at the pubJic hearing were large landowners, many of them over 55 years old uSing their property as a retirement source. They need that income and can't afford to have someone be as Judgemental as that pol Icy indicates. The agrIcultural community was not even emphasized In the po 1 icy. Ms. Dehn stated another issue that was not addressed was chemical use. The policy al lows It, asking what that is goIng to do for the future contamination of the ground or ground water. She also questioned the disposal of the containers. Tree Commissioner Michael Click stated chemicaJ use is the last aJternative, noting the existing regulations that a resident cannot buy a restricted use chemical and only approved chemicals would be used. Ms. Dehn opposed the policy because she can't afford to have the City be Judgemental about her property whIch has a few oak trees on it that have been harmed by drought or storm causIng some stress to start the disease. Mayor Orttel noted that legally one property owner may be responsible for harm caused to another property if the disease spreads to that other property. It has always been the CouncIl's intent not to financially burden large property owners by requiring the removal of all diseased trees. This policy was primarily directed toward new developments and for those areas where the trees are more precious to people. basically the urbanized areas. The intent was to do something or there won/t be any trees left . Mr. Carlberg also poInted out that the number of people at the pub I Ie hearing was about 25 or 30, most of them large land owners. It was not a packed house consIdering there are over 17.000 residents. MOTION by Perry that the Andover City Council adopt Ordinance No. 29C as presented, and further move that the Andover City Council adopt the Tree Preservation Policy as presented, wI th the recommendation as stated in the ApriJ 28, 1992, packet as presented to us. Motion dies for lack of a Second. Regular Andover City CounciJ Meeting Minutes - May 19, 1992 Page 10 (OrdInance 29/Tree Ordinance and Tree Preservation Policy, Continued) After further discussion. the Counc I 1 agreed that there is a desire to have an ordinance and Tree Preservation Policy in place for the City, They and ChaIrperson Whitcraft agreed that the documents would be referred back to the Tree Commission to rev iew wi th those developers. large land OI.mers, agrIcultural Interests and and other residents who have issues and concerns about them. The Commission would bring this back to the Council along with any changes and recommendations. Some suggestions were to look at the abatement procedure in the ordInance, as some people have a fear of leavIng the Judgement entIrely up to the CIty Forester, espec i a I I y on the larger acreages. There is also a concern about the tIme constraInts In the ordInance. Because of the time of year-, It was hoped the documents would be back for Counci I consideratIon by the second meeting in June. Mr. Whitcraft also noted the approval of these documents al lows the City to obtain the county's vIbratory plow pIus apply for funding for tree preservatIon. MOTION by Jacobson, Seconded by Smith, that we send both of these items back to the Tree Commission and ask them to hold very sma 1 1 meetings with some of the people who expressed negative opInions on it and see if between the Tree Commission and the sma 1 1 amount of the publ ic that they can come to some degree of accommodation and changes in language or other things. If they can, fine: if they can't within a reasonable time, they should report back to us the results of the meetIng and theIr recommendations. Motion carried unaniamously. NON-DISCUSSION ITEMS MOTION by Smi th, Seconded by Perry, move In the affirmative: Item 10: Forfeit land to withhold Out lots A, B, and C of Smith's Green Acres from the land sale Item 12: Resolution R069-92 - Accept grant applIcatIon from MInnesota Department of Trade and EconomIc Development for the development of Kelsey-Round Lake Park Item 13: Approve Consultant/Kelsey-Round Lake Park/Historical Society to Archaeological Research ServIces not to exceed $2. 130 Item 14: Expend $500 to revIse Kelsey-Round Lake Park site plan Item 16: Authorize purchase of two Accu-Votes at $5,124 each Item 17: Resolution R070-92 - Order preparation of feasibilIty report for Well/Pumphouse #4, IP92-13 Item 18: Resolution R071-92 - Accept bids and award contract/ IP92-2/Weybridge 2nd Addition Item 19: ResolutIon R072-92 - Approve final plat of Weybridge 2nd Addition Item 20: Resolution R073-92 - Approve final plans and specs/order ad for bids/IP92-8/Pinewood Estates trunk sanitary sewer Regular Andover City Council Meetl ng Minutes - May 19. 1992 Page 11 (Non-Discussion Items, Continued) Item 21: Resolution R074-92 - Approve finaJ plans and specs/order ad for bids/IP92-4/WInslow Hi11s 2nd Item 23: Receive April fInancIal statements Item 24: Resolution R075-92 - Receive petition, order feaslblJity report/IP92-12/0ak HoJlow street construction Item 25: Accept resIgnatIon of Steven Morrison from Tree Commission Item 26: Resolution R076-92 - Authorize $4.220 from PIR Fund for constructIon of wal I in Public Works Building Item 27: Assessment Abatement/PIN 15 32 24 32 0012/IP91-10 DISCUSSION: Mr. DavIdson explained for IP92-2. included in that bid were alternatives 1 and 2 to Jack the watermaln under BurJington Northern tracks from the west to east side and to jack the sanitary sewer just south of the tressel from the west to east side. Both were done at the developer's request so he wouldn't have to go into the back yards of the people to jack the pipe under the tracks in the future. This wi 1 I require an additional agreement wIth the deveJoper for that additional payment of approxImately $28.000 for those two alternatives. Jerry Windschitl - stated he has no objection to paying for it. They wi 11 be Jacking trunk in both cases, which would normally be paid by the area assessments on the east side. He would be wi 1 ling to pay for it now with equal credIt for the area charges on that eastern property. Counc i I asked Staff to work with the developer regardIng the financing and bring back a recommendatIon at the next meeting. Mr. Carlberg stated the MetropoJitan CounciJ has approved the Minor Amendment for Weybrldge 2nd, but they stl J I do have the 60-day review period. Mayor Orttel reported on the meeting with the representatives of the State grant, who were Impressed wIth the area and were wlJling to change their requirement on the parkIng lot on the west sIde of the KeJsey-Round Lake park. They agreed to use existing cul-de-sacs and street accesses to the park with the condItions outlIned in a Jetter to the CIty. MotIon carried unanimously. APPROVE 1992 PARK CAPITAL IMPROVEMENTS MOTION by Jacobson, Seconded by Smith. to approve the 1992 Park Capi ta I Improvements as presented. Motion carried unanimously. CDBG/AWARD FUNDS/SOCIAL SERVICE ORGANIZATIONS Council dIscussed the awardIng of CDBG funding to the various sociaJ service agencies and on the how the funds should be prorated. Mr. Carlberg stated all organizatIons have received fundIng before except Family Life Mental Health Center, which made applicatIon for the first time this year. There are $25,594 in requests and $20,000 in funding. Regular Andover City Council Meeting Minutes - May 19. 1992 Page 12 (CDBG/Award Funds/Social ServIce Organizations. Continued) The Staff recommendation was based on a factor of what was requested by each organization. The Counc i 1 felt that the allocation for Family LIfe Mental Health Center should be less so those who have been supported by the City over the years are not penaiized because of thIs request. They were also hesitant about gIving so much to an agency that does not have a track record and about which the City knows very J it tIe. A representative from CEAP. Inc. , stated they keep statIstics. and their popuJation is 100 percent low to moderate income by HUD guide I Ines. They have had an increase of 65 percent In terms of cl ients. so their applicatIon is based on need. MOTION by Jacobson, Seconded by SmIth, to allocate $2,000 to the Family LIfe Mental Health Center and respread the remaining funds based on what was requested by each organization. Motion carried unanimously. APPROVE EASEMENT/PLEASANT OAKS PARK Because this item is a part of the Meadows of Round Lake plat, which has been tabled to Tuesday, May 26, the Counci 1 agreed to table this item to that meeting as we]]. APPROVAL OF CLAIMS MOTION by Perry, Seconded by SmIth, the Schedule of BIlls dated 5-15-92 in the amount of $253,543.91. MotIon carried unanimous]y. MAYOR AND COUNCIL INPUT Counc i 1 suggested the Planning and Zoning Commission look at the possibility of requiring all junkyards to conduct their activities inside of a building as was being suggested at the last meeting by the new owners of Anoka Auto Wrecking. It would have to be implemented over a perIod of eight to ten years. MOTION by Perry to adjourn. Mayor Orttel declared the meeting adjourned at 11 :00 p.m. Respectful]Y submitted, '\Y' ~.~~;~~ Ma~]a A. Peach. RecordIng Secretary