Agenda Packets - 2004/01/26 - Laserfiche WebLink

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Mounds View City Council January 12, 2004 Regular Meeting Page 14 1 Director Ericson indicated he would add the trees in the right of way to the resolution but 2 explained that the city engineer’s review of the hydrology analysis is covered in Item 1B under 3 the City wetland alteration permit. 4 5 Council Member Quick expressed concern that imposing strict tree removal requirements on the 6 developer would open the City up to a lawsuit. He then suggested that any changes to the 7 resolution be reviewed by the City Attorney. He further commented that he has suggested in the 8 past that the City should consider a tree removal ordinance. 9 10 Council Member Stigney indicated he does not feel that the City can tell someone they cannot cut 11 down their trees. He then asked whether the wetland alteration permit restricts building within 12 the 100-foot buffer. 13 14 Director Ericson indicated there are provisions in the ordinance that allow the City to review with 15 a careful eye what happens within the buffer but it does not restrict development. 16 17 Director Ericson indicated that if the standards were met the City would have a hard time 18 denying it. He then said that those standards were put into place to ensure that any alteration or 19 encroachment be minimal. 20 21 Mayor Linke suggested requiring that any trees marked as significant by the City Forester be 22 replaced at two to one if they are damaged or removed. 23 24 Mr. Harstad indicated he is a New Brighton resident and reads the community newspaper. He 25 then asked Council to carefully consider the restrictions placed upon his development as there 26 seems to be no precedent for some of the things Council is suggesting. He then commented that 27 Council is selling unimproved ground to another developer and is not requiring that developer to 28 pay park dedication fees to develop it. He further commented that the City is suggesting that 29 someone should appraise his property and he questions whether that is done in the City with 30 other properties. 31 32 Director Ericson indicated that the City has required appraisals before. 33 34 Mr. Harstad asked whether anyone has had to do two to one tree replacement. 35 36 Mayor Linke indicated that the City has not yet instituted a two to one tree replacement. 37 38 Mr. Harstad commented that the City creates ordinances that he has to live by and he is hearing 39 all kinds of new things at this meeting. He then said that the last thing he recalls was the 40 townhomes on Silver Lake Road had no tree replacement and no trail and he is asking the City to 41 be fair with him on this. He further commented that this is an infill project and it is very 42 sensitive because residents have been looking at his 7.5 acres as their own private park but he 43 pays the taxes on the property and is asking the City not to overburden him in such a manner to 44 kill the project before he gets to the starting gate. 45