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City Council Minutes Page 12 <br />May 17, 2004 <br /> <br /> Councilmember Kuester stated that she contacted Tim Edgerton (with the Sherbume County <br /> Tree Board). She reviewed a map of all the areas in Elk River that had oak wilt. <br /> <br />Councilmember Motin stated that he does not like the plat the applicant submitted but the <br />applicant is conforming to the R1C standards. Councilmember Motin stated that the applicant <br />cannot please everyone. He stated he would like to see Outlot A maintained. Councilmember <br />Motin stated he would like to see more tree preservation within the city. He suggested that if <br />trees can't be saved in a plat then the city should look at other areas of the city be reforested. <br /> <br />Mayor Klinzing stated the applicant has done everything he could to please as many people as <br />he could. She stated that a conservation easement will help preserve trees. She stated that the <br />applicant must consider his cost in the project and the city tends to cause some of the high cost <br />of housing due to the process and all the conditions the applicant must complete. She stated she <br />is disappointed the applicant did not create a premier development for this location and wishes <br />the plat had a lower density. <br /> <br />Mr. Beck stated there should be a no cut easement rather than a conservation easement. <br /> <br />Marty Campion, applicant's engineer-Stated he can't agree with the 30' no cut requirement due <br />to the topography of the land. <br /> <br />Ms. McPherson suggested the developer use retaining walls in order to preserve trees. She stated <br />a variance for the lots may not be appropriate. <br /> <br />Mr. Beck stated that if the setback is changed then lots will also be changing in depth and size <br />requirements. He stated the applicant is not entitled to every lot allowed in the plat due to the <br />unique characteristics of the site. The applicant could make the lots wider rather than deeper. <br /> <br />Mr. Yoch stated the applicant is already constructing fewer lots than allowed. He stated that the <br />applicant would be willing to accept the variance or possibly shifting the road. He stated the 30' <br />barrier would make the lots unbnildable. <br /> <br />Mr. Beck stated the city could approve the plat with the condition that a 150' buffer be <br />preserved from the trail and that no grading and cutting can be done and let the developer <br />determine how to accomplish that whether it be by combining a few lots, building retaining <br />walls, or by compressing lots in the interior. <br /> <br />Councilmember Tveite stated he would be amendable to the suggestion from Mr. Beck to <br />require a 150' buffer from the trail property line to the house and allow the final plat to come <br />back with some minor modifications. <br /> <br />MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY <br />COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT WITH <br />THE FOLLOWING CONDITIONS: <br /> <br />A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED <br />OUTLINING THE TERMS AND CONDITIONS OF THE PLAT <br />APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <br />0 <br /> <br />SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT <br />REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br /> <br />