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MINUTES <br />CITY COUNCIL <br />NOVEMBER 30, 2016 <br />modify the grading plan to make sure that development stays outside of the <br />drip lines of the oak trees. <br />The City Administrator stated given the issues the City has had in the past <br />with private streets, one thing the Council could consider is to require a <br />disclosure in sales materials that these are private streets and will remain <br />private. He noted this will go through the separate platting process and will <br />be subject to a development agreement for the actual construction, which is <br />typical. <br />Tim Tschida, 91 Iona Lane, stated he wants to reinforce that he and his <br />mother want a fence instead of having to wait for trees to grow to provide <br />screening. He noted that they have two oak trees within five feet of their <br />rear property line, so he is concerned about his trees also during the <br />construction. The City Planner stated the City Code requires evergreen <br />trees to be at least 6 feet tall at the time of planting. <br />Alissa Kalmbacher, Cash for Houses, stated they have added significant <br />plantings around the drainage pond and parking area next to it, in order to <br />prevent someone from wanting to go into the pond. She stated that they <br />will do the best they can to protect the neighbors trees, but can't promise <br />anything because there is grading that must be done. <br />Betty Winter, owner of 2736 and 2744 Rice Street, stated she wants to have <br />this property sold and hopes the Council will approve this project. <br />Fischer stated there was discussion at previous meetings about the building <br />setbacks. The City Planner stated there has been a lot of discussion, and <br />the Planning Commission was more concerned about having a larger <br />setback on the south side away from the single family homes. <br />McGraw stated that he feels there could be a hybrid solution to the fence <br />issue. He suggested leaving the plantings as proposed and also installing a <br />fence, and then when the fence begins to deteriorate and the trees have <br />grown, the home owners association has the right to remove the fence if <br />they want. He stated the fence could just be along the affected single <br />family home properties. <br />There were no additional comments from the public on this matter. <br />Upon motion by Keis, seconded by Fischer, the public hearing was closed. <br />McGraw introduced the following resolution and moved its adoption: <br />