Agenda - Council - 06/25/2002 - Laserfiche WebLink

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-1(~0- Motion by Council member Zimmerman, seconded by Council member Hendriksen, to halt further tree removal by Royal Oaks within the peninsula until a tree preservation ordinance is in place. Upon further review of the motion, the City Code and the proposed development agreement, the City Attorney advises that the City does have in place vegetative management restrictions in the Environmental Protection Section of City Code, Section 9.21.05(2)c., a copy of which is enclosed with this case. These Environmental Protection regulations were recommended by the DNR. The Section 9.21 language has been incorporated in the proposed development agreement in Paragraphs 19 and 25. The City Attorney is of the opinion that the development agreement restrictions, together with the Section 9.21 requirements adequately address the specific intent of the May I4 motion. This is true particularly as the City does have in place vegetative management regulations which may be deemed to be the "tree preservation 'ordinance" referenced in the motion. It is further noted that language in the development agreement will limit initial grading and tree removal to only the 145~h Cou/-t right-of-way. The lots will be "custom" graded lots. Under the development agreement, as part of building permit submittal for the lots in that Plat, the developer shall provide information to the City 'for its review and approval on which trees will be removed as part of the site development. The City Attorney is further of the opinion that since Section 9.21 was in place prior to and at the time preliminary plat approval was granted the Plat, this is the environmental section that should legally regulate the Plat as opposed to new regulations adopted subsequent to preliminary plat approval. A court could take the position that a subsequently adopted regulation is invalid and should such a position be adopted, the City may be exposed to unreasonable development delay damages. Recommendation: Based upon the above staff recommends final plat approval of the Ponds Second Addition subject to the staff review letter dated June 21, 2002 and the developer entering into the development agreement as proposed. Council Action: Motion to adopt Resolution #02-06-_.f.Z granting final plat approval to The Ponds Second Addition contingent upon compliance with the City Staff Review Letter dated June 21, 2002,and the Developer entering into that development agreement with the City approved at the City Council meeting on June 25, 2002. Review Checklist: City Administrator City Attorney Community Development Director City Engineer Parks/Utilities Supervisor CC: 06/2~/02 I I I I I I I I I I I I I ! I I I