1998-07-28 - Laserfiche WebLink

Home Browse Search

I I I Council Meeting Minutes July 28, 1998 Page 3 Council Business. continued Larry Beach, applicant, agreed to move the existing boulder onto Schaffer's property. City Attorney Charlie LeFevere explained that the City could install penalties with liquidated damages in the event of tree damage during construction. City Manager Matthew Fulton acknowledged that ensuring each tree will survive construction is difficult. LeFevere said the City would need to determine what constitutes default on the contractor's part. Proper said the developer would be required to install snow fencing around tree bases to prevent tree and root damage during construction. Beach intends to follow a strict tree preservation ordinance developed by the City of Blaine which includes snow fence installation along the root drip line, and prohibiting machinery near the tree or root line. He has found that after going to great lengths to preserve a tree, the property owner may decide to remove the tree. He cannot guarantee tree survival, but will attempt a best effort. The home on Lot 9 will be constructed oddly due to the tree preservation requirement. Benke asked if Blaine's ordinance provides for consequences if a contractor does not act responsibly. Beach said the City Forester does inspect the site, but there is no formal enforcement action. Fulton asked if a condition of approval could require protective covenants for specific mature growth on identified parcels. LeFevere said a conservation covenant could state that trees not be disturbed, however, sometimes a tree becomes diseased and needs to be removed. Teague added that if the conservation covenant was not part of the preliminary plat, imposing it at this time is impossible. Fulton noted that the covenants include a notation reflecting the preservation of trees of two-inch diameter or more. Beach stated that the development would not involve a homeowners association, but future buyers would be informed of the importance of retaining trees. Schaffer questioned whether there is a true intent to preserve trees. Benke said the direction is to do whatever possible to retain critical trees, but the question is how to do this perpetually. Hoffman recommended that the Public Safety Commission work proactively with the residents and developer to ensure that traffic issues are discussed beforehand. Motion by Larson, seconded by Hoffman, to WAIVE THE READING AND ADOPT THE RESOLUTION APPROVING FINAL PLAT OF PL-246, SUBJECT TO THE FOLLOWING CONDITIONS: 1. APPROVAL OF A PERMIT BY THE RICE CREEK WATERSHED DISTRICT. 2. THE PROPOSED ROADWAY MUST BE CONSTRUCTED TO A 28 FOOT WIDE PAVED SURFACE WITH A 42 FOOT PAVED RADIUS FOR THE CUL-DE-SAC. 4 Ayes - 0 Nayes, Motion Carried. Benke encouraged Beach and the residents keep the lines of communication open during the construction period. Council Business Final Plat for Stony Lake Estates Report 98~ 153 Resolution 98-074