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City Council Regular Meeting — 05/10/04 DRAFT Minutes - Page 11 wetland; delineation of the Outlot; possible boardwalk, but not trail, construction on the dedicated land; Bob Moser, representing Moser Builders, Developer Mr. Moser reviewed the topography of the wetland area and its boundaries. Discussion continued among the developer, Councilmembers and City Attorney Anderson as to the definition of wetlands by the U. S. Army Corp of Engineers related to soil and vegetation types and regulated development within their confines; and remediation of drainage concerns and stormwater provisions by the developer. Mayor Klausing opened public comment related to the project. Peter Pangborn, 2615 Cohansey Street Mr. Pangborn detailed several items in the Council packet that he opined were inconsistent with previous discussions held by the developer and neighbors at the Planning Commission level: 1) Setback: increase setback from 25' to 30', specifically addressed in Item 5.5 of the staff report dated May 10, 2004; and Item 9.2 of the draft Planned Unit Development (PUD) Agreement. 2) That a privacy fence be made a condition between the development and neighbors. Mr. Pangborn opined that the developer had agreed to meet with neighbors to determine whether a privacy fence or landscape plantings would be more appropriate, but that a meeting had not taken place to-date. 3) That decks and/or patios be included in the setback of 30' as requested to be amended from 25', to ensure that they are not built up to the property line. 4) That the overall height of the townhome structures be clarified in Item 9.3 of the proposed ordinance amendment related to height and design references (i.e., midpoint of the roof truss clarified to read 26', rather than 30'. Mr. Paschke addressed several of Mr. Pangborn's concerns related to items that could be dictated by the City Code and the