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34 <br />COUNCIL WORK SESSION FEBRUARY 17, 1993 <br />mentioned this to Mr. Vaughan. Mr. Volk said he had and Mr. <br />Vaughan's response was that this was his problem. Currently most <br />trees in the right-of-way are five (5) feet or less from the <br />curb. <br />Mayor Reinert felt that if Mr. Volk feels that Mr. Vaughan should <br />adhere to the letter of the law, then every developer should <br />adhere to the letter of the law. However, if Mr. Volk feels if <br />reasonable limits can be applied, all developers should be <br />treated in this same manner. Mr. Volk said that he has given Mr. <br />Vaughan some leeway, however, Mr. Vaughan wants to save all of <br />the trees. <br />Council Member Elliott felt that the City has a policy that <br />should be followed by all developers. She noted that if there is <br />a margin of six (6) or eight (8) inches, that would be,alright. <br />However, a clear cut zone of three (3) to five (5) feet back from <br />the curb is not sufficient. <br />Mr. Schneider explained that in the next phase of development, <br />Mr. Vaughan wanted to construct a very sharp curve in the street. <br />This was discussed with the City Attorney who indicated that if <br />the City deviated from the Street Improvement Policy and allowed <br />a substandard street, the City would have some liability in the <br />event of a traffic accident. Mr. Schneider noted that -Mr. <br />Vaughan may have clear cut for a substandard street and then was <br />required to revised the street alignment. <br />Council Member Bergeson asked if the City allowed sidewalks, and <br />if so where would they be constructed. Mr. Volk explained one <br />(1) foot from the property line. <br />Mr. Volk said that if the City Council will support the standards <br />outlined in the Street Improvement Policy, he will uphold these <br />standards. If there is a minor deviation, this will not be a <br />concern. Mayor Reinert noted that all should be aware that at <br />some point the City will be responsible for the street and street <br />right-of-way. <br />Council Member Bergeson asked if any part of the tree trunk is <br />beyond the eight (8) foot line, the tree can stay. Mr. Volk <br />explained that normally, Mr. Asleson, City Tree Inspector <br />assesses the tree to see if it is healthy and has a good chance <br />of survival. He would make the decision of whether the tree <br />stays or is removed. <br />The consensus of the City Council was that Mr. Volk should follow <br />the Street Improvement Policy as close as practical <br />PAGE 2 <br />1 <br />1 <br />1 <br />