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City Council Minutes <br />May 17, 2004 <br />............................. <br /> <br />Page 12 <br /> <br />Denise Lanther, 19533 Albany Street-Stated she is concemed about trees. She is concemed <br />about the park being too close to woods and not safe for children. <br /> <br />Mayor Kdinzing closed the public hearing. <br /> <br />Councilmember Dietz suggested that rather than narrow the rights-of-way, the city should give <br />setback variances. <br /> <br />Councilmember Tveite stated that he would like to keep the right of way as a buffer and to offer <br />10 foot front yard setback variances. He stated disappointment that there wasn't a density <br />reduction to the plat by the applicant. <br /> <br />Ms. McPherson stated that a no cut area could be added to the buffer area. <br /> <br />Councilmember Dietz questioned if the city is satisfied with the oak wilt containment. <br /> <br />Ms. McPherson stated that the developer will have to hire a private contractor to help create an <br />oak wilt suppression plan that would be reviewed by staff. <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 Ouflot 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 I4dinzing stated the applicant has done everything he could to please as many people as he <br />could. She stated that a conservation easement will help preserve trees. She stated that the <br />applicant must consider his cost in the proiect 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 stated he can't agree with the 30' no cut requirement due to the topography of <br />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 unbuildable. <br /> <br />Mr. Beck stated the city could approve the plat with the condition that a 150' buffer be preserved <br />from the trail and that no grading and cutting can be done and let the developer determine how <br /> <br /> <br />