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ARDEN HILLS CITY COUNCIL - JULY 30, 2007 5 Councilmember McClung stated he had a concern about the removal of the buffer and then not being able to sell the lots on a timely basis. Councilmember Holden stated that tree protection for noise buffering was very important to the neighborhood. She noted other lots that have not been developed in a timely manner but were prepared for development. She asked if the Rice Creek Watershed had finished reviewing this. Mr. Jonathan Faraci, surveyor and engineer, stated they had gone through the Rice Creek Watershed District process and had received approval subject to a few conditions. Councilmember Holden asked what the conditions are. Mr. Faraci stated he did not have the conditions before him, but they were minor. He stated they include a bond. Mayor Harpstead asked if the proposed fill had been approved by Rice Creek Watershed. Mr. Faraci stated that the fill was approved. He stated that Rice Creek reviewed the same plans that are before the City Council. He stated Rice Creek wanted them to mass grade the lots, but the property owner wants to custom grade each lot as it is developed. Councilmember Holden asked Mr. Faraci if he had any issued with condition ten. Mr. Faraci stated the owner did not have any problems with that condition; however, Rice Creek will require some grading on other lots for stormwater management when the first house is built. He explains that when lot 1 is developed, an overflow swale will be required between lots 1 and 2 along with infiltration ponds. Councilmember Holden states that a previous PMP used this area for stormwater. Mayor Harpstead if there was any way to reduce the noise from the highway once the trees were removed. Mr. Faraci stated that few trees would be removed from lots 1 and 2. He stated the property owner would have no control as to which trees were taken out and which were not once the lots were sold to other owners, though they would have to follow Rice Creek rules. He also stated most people don't want to take trees down, and they are trying to minimize tree removal. He stated the area for tree removal is very small compared to the size of the lots. He believed the homes would be blocking any noise and he believed they were minimizing the impact as much as they could be. Mayor Harpstead asks about the setbacks in this area. Mr. Lehnhoff explains the required setbacks. It is possible to meet the setback requirements without any variances. Councilmember McClung thanks Mr. Faraci for his presentation. He stated that sound could be looked at two ways including the marketability of the lots and the homes being that closes to Highway 51. Stated he cannot fathom anyone wanting to purchase these properties. He states that we are trying to be sensitive to the neighbors but also if there is anything we can do to minimize the traffic sound. Mr. Faraci stated that he does not have any other ideas.