14a. Tree Protection Policies 6(4,
CITY O
'its; CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Planning Commission
FROM: Jo Ann Olsen, Asst. City Planner AD
DATE: August 29, 1988
SUBJ: Tree Protection Policies
On Friday, August 26, 1988 , staff visited several development
sites with the DNR Forester, Alan Olson. Upon visiting the sites
it was found that there were areas of mature and valuable vegeta-
tion which will be removed during development. Staff discussed
with Alan Olson directions that the city could take to have more
control over preserving important stands of vegetation. Mr.
Olson suggested that it was possible to inventory existing vege-
tation within the boundaries of the city with topography maps
that the DNR has and then making site visits to the areas that
were highlighted from the topography maps . Once these areas have
been mapped and inventoried, it would be possible for the city to
create an ordinance that would preserve the more important areas
of vegetation from development in much the same manner as
wetlands are preserved. Mr. Olson is willing to work with staff
to create an inventory of areas of vegetation that should be pre-
served.
An example of what could be done with such an ordinance, is if a
subdivision is proposed over a large area of land which contains
an area of vegetation that was designated as "valuable" , the city
could require areas of the vegetation to be preserved. Mr. Olson
knew of one other subdivision which the developer preserved areas
within the subdivision over 20 years ago. Today, the areas that
have been preserved are mature forested areas which have nature
trails through them and are used by Elie neighborhood. Staff will
also research legal implications of this idea.
RECOMMENDATION
Given the Planning Commission' s past concerns on this issue,
staff will continue to pursue preparing a preservation ordinance
including a program to inventory sensitive woodland areas .
However, this item will also be presented to the City Council for
their concurrence.
I
I
. 1
Planning Commission
August 29, 1988
Page 2
PLANNING COMMISSION UPDATE 1
The Planning Commission reviewed the subject memo on September 7,
1988 , and agreed that staff should pursue creating a tree protec-
tion policy.
CITY COUNCIL RECOMMENDATION
If the City Council is in favor of staff working with the DNR
Forester to provide such tree protection plan, the Council should
direct staff to initiate the process .
1
1
1
1
1
i
1
1
1
1
i
1
1
CITY OF
CHANHASSEN'
�= ^' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
' TO: Mayor and City Council
CONFIDENTIAL
' FROM: Don Ashworth, City Manager
DATE: September 26 , 1988
SUBJ: Tree Protection Policies
' I have reviewed this memorandum with the City Attorney. Although
points raised do not represent his "conclusions" , they do repre-
sent initial concerns on his office. Accordingly, I am using Mr.
Knutson' s attorney/client privilege in making this memorandum
confidential.
The two recent court decisions regarding public "takings" has
reinstituted questions about a city' s ability to require dedica-
tions for non-traditional purposes , i .e. wetlands, trails , shore-
line, etc. If the ordinance can be developed so as to allow the
' developer to have the same number of lots that he would have had
had he not preserved 5 acres of woods, we could reasonably be
assured that we could sustain our position. By contrast, if the
number of lots are required to be reduced, there would be a
' strong case for the City effectively "taking" a portion of the
property - which, in most cases , will have the highest value. We
would, of course, have the ability to make such preservation if
the number of acres for park land were reduced by the 5 acres or
if the City paid cash for such taking. Each of those options
have their own down side.
Of interest was the recent Burdick condemnation proceedings . Mr.
Burdick' s primary contentions were his right to fill that property
and not to be required to store upland waters . That issue will
' be going to trial within the next two weeks and we will be in a
better position to know whether the court is inclined to support
our position. As a side note, Mr.y Burdick has requested that the
' trial not occur in Carver County. Mr. Burdick continues to
believe that there is some form of conspiracy against him and
that that conspiracy has now permeated the minds of all Carver
County residents. Secondly, he publicly stated to the court that
Carver County residents ( farmers) were too dumb to know the
value of lands . The court considered Mr. Burdick' s position and
will act on his request for change of venue within the next week(s) .
1