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City Council Regular Meeting - 12/05/05 Minutes - Page 21 issues; access of emergency vehicles; proposed changes to make sure drainage and/or flowing issues are fully addressed before preliminary plat approval; surrounding wetland impacts addressed; changes that allow protection of privacy and open space; protection of property rights of surrounding land owners; compliance with City policies; environmental rules and concerns; and to preserve the character of the neighborhood. The motion died for lack of a second. Councilmember Kough noted that he shared some of Councilmember Ihlan's concerns; and that was his rationale in voting for a moratorium at the time. Councilmember Kough advised that, since that time, he had met at the site with the developer; and while sympathizing with the petitioners on maintaining their large lots; noted that Mr. Anderson had a right to develop his property. Councilmember Kough questioned what reason the City Council had to deny the request; noted that Mr. Anderson was trying to work with the neighborhood; had agreed to additional tree preservation; and was addressing concerns related to drainage. Councilmember Kough noted the other petition in support of the project; opined that home values in the neighborhood would increase; and it would meet the criteria of the City for additional residents. Mayor Klausing clarified previous Council action related to a moratorium; noting that a moratorium had not been declared; that this proposal had previously been tabled and staff directed to come back with a possible fonn for declaring an Interim Ordinance (moratorium); and staffs determination that they needed additional guidance; with the Council majority determining that there wasn't sufficient need to pursue a moratorium. [8.1] Schroeder moved, Klausing seconded, approval of the preliminary plat of Birch Park, allowing the creation of ten single-family residential lots over 3.73 acres, including a public road and utilities (sanitary sewer and water) from the three lots addressed as 952, 960 and 978 Parker Avenue, based on the comments of Section 4, and conditions of Section 7, of the project report dated November 28,2005.