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

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I I I I I I I I I i I I I I I I I I I homeowners and developers. He stated that the City has to have ordinances in place that control builders on the custom lots as well as the homeowners, which is why development of the peninsula should be put on hold. He stated that the City has already seen what Mr. Black's intentions are so he hoped that they would not let that happen again. Motion was withdrawn. Motion by Councilmember Zimmerman, seconded by Councilmember Hendriksen, to halt further tree removal by Royal Oaks within the peninsula until a tree preservation ordinance is in place. Further discussion: Councilmember Anderson inquired if the motion would be in conflict with approving the final plat. City Attorney Goodrich replied no. He also noted that the Council could direct that the development agreement be amended to include Mr. Black's language that removal of the trees would be limited to the street fight of way and building pads only along the peninsula. Councilmember Kurak inquired if the Council places restrictions on one developer in the City do they have to apply them to other developers. City Attorney Goodrich replied that any plat in the future would have to be pending to a tree ordinance. Councilmember Kurak inquired if any development that would come forward would not be able to receive final plat approval if a tree needed to be removed. City Attorney Goodrich replied that all developers should be held to the same standards. Councilmember Zimmerman noted that some developments might not have trees. Councilmember Hendriksen stated that his next motion would be to direct staff to prepare for the next City Council agenda a development.moratorium on any plat that includes the cutting of trees and hold all developers to the same standards. Motion carried. Voting Yes: Councilmembers Zimmerman, Hendriksen, and Anderson. Voting No: Mayor Gamec and Councilmember Kurak. Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to direct staff to prepare a development moratorium for discussion at the next City Council meeting that would be placed' in affect for any plat requiring the cutting of trees until they can study the issue and bring forward a tree preservation ordinance. Further discussion: Councilmember Zimmerman stated that it should exclude lots that would not be applicable. Councilmember Hendriksen stated that there were 12 or 14 changes to the Comprehensive Plan, which include areas with a substantial amount of trees and most requests were for a higher density so he thought it was appropriate they prepare the moratorium for the next Council meeting. Motion failed. Voting Yes: Councilmembers Hendriksen, and Zimmerman. Voting No: Mayor Gamec, Councilmembers Anderson, and Kurak. City Council/May 14, 2002 Page 10 of 33 -179-