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<br />City Council Minutes <br />October 18, 1999 <br /> <br />Page 11 <br /> <br />e <br /> <br />Councilmember Dietz asked if tree protection for adjacent property owners has <br />ever been a condition of a plat. City Engineer Terry Maurer explained that tree <br />protection has been limited to trees within a plat. Mr. Maurer noted that the city <br />has used the drip line as a guideline for not allowing grading in order to preserve <br />trees. <br /> <br />Discussion followed regarding whether or not the drip line was adequate to <br />protect the trees. Terry Maurer stated that he is not aware of any evidence that <br />this guideline is not adequate, but it may take more than one or two years for <br />trees to show signs of damage. <br /> <br />Ron Bastyr, developer representing Windsor Development, suggested that if the <br />drainage segment requested by the city engineer could be removed, he could <br />avoid grading the portion of the property Mr. and Mrs. Halpaus were concerned <br />about. Terry Maurer stated that the drainage pipe was recommended for <br />emergency overflow purposes and could be eliminated. Mr. Bastyr stated he <br />would be willing to abide by the 30 foot setback and could possibly install a <br />fence to protect the area of concern. <br /> <br />Mr. Halpaus stated he was also concerned that he would be liable if his any of his <br />trees toppled over onto one of the new homes, because of root damage. He <br />was also concerned about erosion and oak wilt because of the construction. <br /> <br />e <br /> <br />Jim Nord, property owner in the area, expressed his concern that if the city allows <br />these types of conditions to be placed on a developer, they would be setting a <br />precedent for adjacent residents in other developments to control how a <br />property owner develops his land. <br /> <br />Councilmember Dietz asked if there would be a drainage problem if the <br />emergency drainage were eliminated. Terry Maurer stated that there would not <br />be any increase in drainage than what is there now. <br /> <br />Park & Recreation Commissioner Dave Anderson expressed his strong support on <br />behalf of the commission for the inclusion of Lots 15 and 16 in the park land <br />dedication. He explained that securing this property was vital to create an <br />entrance to the Meadowvale Park. <br /> <br />Ron Bastyr expressed his objection to the taking of the two lots for park land, <br />arguing that the sale of these lots was crucial to the financial success of the <br />project. <br /> <br />Pat Klaers questioned if the city engineer felt there would be "cut-through" traffic <br />in the development by M-Vale residents wishing to get to County Road NO.1. Mr. <br />Maurer stated that he felt only a limited number of residents in the middle of <br />Lander Street would use this access. <br /> <br />Ron Bastyr asked if the city would agree to reimburse him for actual trail costs, <br />rather than a "per foot" flat rate. The council agreed to follow the existing city <br />policy on this issue. <br /> <br />e <br /> <br />Discussion followed regarding the possibility that the developer may be <br />unsuccessful in acquiring the outlot in M-Vale for access. City Attorney Peter <br />