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

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Mayor Gamec asked City Attorney Goodrich if he would prefer to have a vote on this. City Attorney Goodrich stated he would like a note in the motion that these changes were made. Councihnember Anderson asked Mr. Black how important was the doghouse lot. Mr. Black stated this lot was a prime lot and one of the nicer lots they would have. Councihnember Anderson stated it did not have a "playable" back yard when pertaining to families. She wanted to know what would be the possibility of digging the trees from the right- of-way and moving them elsewhere because it would make good sense to save the trees in the right-of-way and would make up for the reforestation they did not get into the plan. Mr. Black stated he did not have a problem working with Mr. Boos on staking the trees and make them available for the City to move them. Motion by Mayor Gamec, seconded by Councilmember Anderson, to adopt Resolution #02-06- 153 granting final plat approval to The Ponds Second Addition contingent upon compliance with the City Staff Review Letter dated June 21, 2002, and the Developer entering into that development agreement with what the City approved at the City Council meeting on June 25, 2002, and with the change to item #23 to read "the developer is only initially allowed to remove trees contained in the right of way, and together with that area necessary to achieve a three to one back slope and to grade the building pad on Lot 2." Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, and Kurak. Voting No: Councilmember Hendriksen, and Zimmerman. Motion by Councihnember Gamec, seconded by Councilmember Anderson, that based upon the City Attorney's opinion, the May 14, 2002 action with regards to halting tree removal within the peninsula area is not legal based on State Statute as it would delay approval of the final plat and based on that opinion, tree removal shall be permitted pursuant to the terms of the approved development agreement. Further discussion: Councilmember Anderson asked if there was a way to add that it was the law because she wanted the indication that although she voted for it, further tree removal by Royal Oaks within the peninsula, until the tree preservation ordinance is in place, is not a legal action to the best of their knowledge. City Attorney Goodrich stated they should state "based on the City Attorney's opinion, adoption of the tree preservation which would delay final plat, adoption of the motion to halt further tree removal by Royal Oaks within the peninsula which would delay adoption of the final plat is not permitted by State Statute and, therefore, they would adopt this resolution. Councilmember Hendriksen asked if the development agreement stated that as soon as a building permit was pulled, tree removal could be started. City Attorney Goodrich stated this was not true and contained other language regarding making decisions on what trees could City Council/June 25, 2002 Page 18 of 34