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