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moratorium on any building that involves the cutting of trees while they consider a tree <br />preservation ordinance. City Attorney Goodrich replied that he believed that the City would <br />have the authority to restrict development on the property. Councilmember Hendriksen inquired <br />if it would be possible for the City to place a moratorium on any development that required the <br />cutting of trees. City Attorney Goodrich replied yes. Councilmember Anderson stated that it <br />was her understanding that the peninsula was not being developed at this time. Principal Planner <br />Trudgeon explained that the final plat the Council was going to be considering did not create the <br />lots along the peninsula. He explained that they will be platted as part of the second phase. <br />Councilmember Anderson stated that during the preliminary plat approval process Mr. Black <br />agreed to remove two lots with the condition that the development was not be subject to a bunch <br />of delays. If this action constitutes a delay Mr. Black could choose to add the two lots back into <br />the plat. City Attorney Goodrich replied that he would have to research that issue further. He <br />explained that the motion would not delay the development of Outlot A at this time, but it might <br />if they come back for final plat prior to the tree preservation ordinance being in place. <br />Councilmember Anderson inquired if the City Attorney felt that the City Council could pass the <br />motion and stay within the contract. City Attorney Goodrich inquired as to what the precise <br />commitments were. Principal Planner Trudgeon explained that during the preliminary plat <br />process Mr. Black stated that he was willing to remove two lots along the pond if the process <br />kept moving forward. City Attorney Goodrich replied that it seemed to him that the motion <br />would not hinder the process at this time, but it could in the future. Councilmember Zimmerman <br />inquired if the developer stated that he would place the peninsula as an outlot. Principal Planner <br />Trudgeon replied yes, explaining that it will be platted as a second phase. Mike Black, Royal <br />Oaks Realty, stated that their plat does have preliminary plat approval for the entire site. What <br />they are requesting is final approval for The Ponds first addition, which places the peninsula as <br />an outlot. They were not seeking final plat approval on the peninsula at this time because it was <br />determined that the peninsula exceeds the cul-de-sac length requirement so they need to go <br />before the Board of Adjustment and request a variance. They have always planned on presenting <br />two plats because there is a second owner on the peninsula lots. The previous developer created <br />two outlots on the peninsula and in the interest of simplicity they have the large plat and the <br />second plat will have both parties involved. In terms of tree removal it has always been there <br />intention that they will only remove the trees necessary for street and utilities along the <br />peninsula. The lots will be left in their custom state and leave it up to the builder when the lots <br />are developed. They never claimed that they would cut down any more trees than what is <br />necessary. Their company would object to consider any delay. City Attorney Goodrich inquired <br />as to what Mr. Black would consider a delay. Mr. Black replied that it is their intention to <br />continue with the process. City Attorney Goodrich inquired if Mr. Black felt that the motion <br />would be a delay. Mr. Black replied yes. City Attorney Goodrich inquired as to why he thought <br />it would be delay. Mr. Black replied that they don't know how long the process will take to <br />adopt a tree preservation ordinance. The cul-de-sac was constructed with a temporary dead-end <br />and with setwices stubbed in. Clearly the intention of the City and the developer was that the site <br />would be developed. They were going to come forward with the entire plat for final approval <br />until it was noted an error for cul-de-sac length. He stated that he does expect the Council to <br />approve the final plat, which is in agreement with the preliminary plat approval. Councihnember <br />Anderson inquired if the peninsula was included in the plat. Mr. Black replied that the peninsula <br /> <br />City Council/May 14, 2002 <br /> Page 9 of 36 <br /> <br /> <br />