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Principal Planner Trudgeon noted that typically the amount of trees to be placed on the site is a <br />site plan issue and removal of trees is a preliminary plat issue. <br /> <br />Councihnember Zimmerman stated that the existing trees on the property are not numerous or <br />valuable. In this case, the addition of larger trees would counteract where they have taken them <br />out. <br /> <br />Councihnember Anderson stated that she would like to be closer to 84 trees rather than 51. <br /> <br />Mayor Gamec recommended compromising at 65 trees. <br /> <br />Councilmember Kurak inquired if that would be an issue that would be addressed as part of this <br />case. <br /> <br />Principal Planner Trudgeon replied that it would addressed as part of the site plan approval <br />process. <br /> <br />Councilmmnber Hendriksen stated that once a developer is granted preliminary plat approval the <br />Council cannot deviate from the City ordinances. He explained that the City Attorney took the <br />position that since they granted preliminary plat they cannot ask for more than what City <br />ordinances require and now they are being told by staff to wait until site plan. <br /> <br />City Attorney Goodrich explained that at this point the Council would be granting preliminary <br />plat approval, and the site plan is where they address trees, which is what staffwas pointing out. <br /> <br />Councilmember Hendriksen stated that the Council is asking for more trees and staff is saying do <br />it as part of the site plan process even though the City Attorney has stated that the Council can't <br />ask for more than what is required by City Code. <br /> <br />City Attorney Goodrich explained that the Council cannot ask for more at preliminary plat or <br />final plat than what is permitted in City Ordinance. As part of the site plan process they can <br />request more trees. <br /> <br />Councihnember Hendriksen replied that the concern is that the Council is asking for more trees <br />and the developer is saying he will do it, which is the same situation they were in and it did not <br />happen. <br /> <br />City Attorney Goodrich stated that if the developer agrees to 76 trees it would be in the minutes <br />and in all approval documents. <br /> <br />Councihnember Zimmerrnan inquired as to what other cities require for trees within a townhome <br />development. <br /> <br />City Council/May 14, 2002 <br />Page 18 of 36 <br /> <br /> <br />