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

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-182- this requirement. The other contingency for approval was the completion of a biological survey to determine the existence of any Blanding's Turtles or their habitat on the development property. The survey was conducted in April by Pro Source Technologies and the City received a letter on May 8, 2002 that no habitat or actual Blanding's Turtles were found on the site. There have been several concerns raised about the tree removal of the subject property. Royal Oaks Realty has been working very closely with Mark Boos, Parks/Utilities Director on the timing and removal of trees. The developer and Mr. Boos met several times on site to identify trees that would be saved and which trees would be relocated on the site. The City Council should be aware that currently there is not any local ordinance governing the timing of tree removal from a property owner's property, but that the Developer voluntarily worked with the City in coordinating the tree removal and relocation. Councilmember Anderson stated that there was no reference to the reforestation agreement in the staff review letter. Principal Planner' Trudgeon noted that it was addressed in the development agreement. Councilmember Anderson replied that what is included in the development agreement is what is required of all developments. Principal Planner Trudgeon stated that that was correct with the addition of relocating 30 to 50 trees. Councilmember Hendriksen stated that in truth the reforestation will be done with two-inch trees and the other is done with trees that already existed. Councilmember Anderson stated that she was surprised that stronger language was not included in the development agreement. Councilmember Hendriksen stated that Ms. Anderson was very surprised by the cutting of the trees so it is not living up to what her expectation were so they should be do something more. Councilmember Anderson replied that if they delay the project two more lots will be added along the wetland. A number of rights go to the developer when preliminary plat is granted and the developer already has that. Councilmember Hendriksen stated if preliminary plat is a final approval then they would not have to come back for final plat approval. City Attorney Goodrich noted that the Council can only require what they have the authority to require. He explained that the Council can only can require what is included in City Code and there is currently no requirement for reforestation. Principal Planner Trudgeon noted that they do require one two-inch tree for every lot. City Council/May 14, 2002 Page 13 of 33 I I I I I I ! I I I I I I I I I I I I