Laserfiche WebLink
is included as an outlot. Councilmember Zimmerman inquired if it was the City's responsibility <br />to notify the developer that the cul-de-sac exceeded City Code requirements or should their <br />consultants. Mayor Gamec replied that he thought that staff did their part by notifying the <br />developer of the error. City Attorney Goodrich noted that Mr. Black does consider the pending <br />motion a delay and heard arguments from the Council to the contrary. Mr. Iverson stated that <br />tree preservation is far more reaching then the level of the developer. Not only are they dealing <br />with the developer, but they also have to take into consideration homeowners and developers. <br />He stated that the City has to have ordinances in place that controls builders on the custom lots as <br />well as the homeowners, which is why development of the peninsula should be put on hold. He <br />stated that the City has already seen what Mr. Black's intentions are so he hoped that they would <br />not let that happen again. <br /> <br />Motion was withdrawn. <br /> <br />Motion by Councilmember Zimmerman, seconded by Councilmember Hendriksen, to halt <br />further tree removal by Royal Oaks within the peninsula until a tree preservation ordinance is in <br />place. <br /> <br />Further discussion: Councilmember Anderson inquired if the motion would be in conflict with <br />approving the final plat. City Attorney Goodrich replied no. He also noted that the Council <br />could direct that the development agreement be amended to include Mr. Black's language that <br />removal of the trees would be limited to the street right of way and building pads only along the <br />peninsula. Councilmember Kurak inquired if the Council places restrictions on one developer in <br />the City do they have to apply them to other developers. City Attorney Goodrich replied that any <br />plat in the future would have to be pending a tree ordinance. Councilmember Kurak inquired if <br />any development that would come forward would not be able to receive final plat approval if a <br />tree needed to be removed. City Attorney Goodrich replied that all developers should be held to <br />the same standards. Councilmember Zimmerman noted that some developments might not have <br />trees. Councilmember Hendriksen stated that his next motion would be to direct staff to prepare <br />for the next City Council agenda a development moratorium on any plat that includes the cutting <br />of trees and hold all developers to the same standards. <br /> <br />Motion carried. Voting Yes: Councilmembers Zimmerman, Hendriksen, and Anderson. Voting <br />No: Mayor Gamec and Councilmember Kurak. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to direct staff <br />to prepare a development moratorium for discussion at the next City Council meeting that would <br />be placed in affect for any plat requiring the cutting of trees until they can study the issue and <br />bring forward a tree preservation ordinance. <br /> <br />Further discussion: Councilmember Zimmerman stated that it should exclude lots that would not <br />be applicable. Councilmember Hendriksen stated that there were 12 or 14 changes to the <br />Comprehensive Plan, which include areas with a substantial amount of trees and most requests <br /> <br />City Council/May 14, 2002 <br />Page 10 of 36 <br /> <br /> <br />