2. Carver County Prosecution Contract, Michael Fahey, County Atty1
Office of
Michael A. Fahey
County Attorney
Carver County Attorne}
1
Carver County Courthouse
Criminal Division:
600 East 4th Street, Box 12
ri
Chaska, Minnesota 55318 -2188
lames Keeler, Jr.
CARVER
Fax (612) 361 -1413
Peter I
Tara B. Keehn
OUNTY
Janet L. Barke Cain
(612) 361 -1400
i
1
To: Chairman Jim Hoese and County Commissione s
From: Mike Fahey, Carver County Attorneyt
1 Re: 1996 Prosecution Contracts
Date: May 4, 1995
ca
Civil Di%'ision:
Duanc A. Bartz
Chantal S. Soren—
Kari L.S. M1 roli
Chris Weldon,
(612) 361 -1410
1 Attached please find additional information regarding my agenda
item for May 9, 1995, concerning the 1996 prosecution contracts and
county attorney staffing requirements.
1 I. Staffing funded by surcharge
1 I have spoken to Larry Harris of the Melchert firm (which
represents Chaska, Waconia, Watertown, Cologne and Hamburg), Mike
Savre and Terry Conkel of the Gavin firm in Glencoe (which
1 represents Norwood), George Hoff of Eden Prairie (representing
Victoria) and Gary Fuchs of Campbell, Knutson of Eagan
(representing Chanhassen). With the exception of Mr. Fuchs, there
1 did not appear to be an overwhelming desire on the part of these
individuals to take back the municipal prosecutions. They cannot,
however, speak for their respective city councils. Mr. Fuchs
1 indicated that Chanhassen may have an interest in opting out of the
prosecution contracts.
Based on available statistics I have formulated a proposal for a
surcharge to the cities that we contract with for the year 1996:
Chaska - $22,500
1 _C,h^nhas e – 1 , OOD--
Waconia - 12,000
Victoria - 8,000
1 Watertown - 5,000
Norwood - 5,000
Young America - 5,000
Carver - 2,000
1 Cologne - 2,000
Hamburg - 2,000
Mayer - 2,000
1 New Germany - 2,000
TOTAL $82,500
! This will fully cover the cost of an attorney I position and a
1 Aftionath('Art ion /EyualOpport Emplo-Ner
Printed on 1 o % Pust- Commmer RecN"cled Paper
legal secretary position, with all benefits included. I have
included $10,000 to cover work stations and computers.
These additional positions in the criminal area will allow our
office to adequately service the growing case load in the petty
misdemeanor, misdemeanor and gross misdemeanor prosecutions. With
the possible addition of two police officers in the city of Chaska
and additional deputies in the sheriff's department, the number of
cases will continue to rise.
If I am to approach the cities with the necessity of the surcharge
for the 1996 contracts, I will want unanimous support from the
cities. If one or two of the larger cities decide to opt out of the
prosecution contracts, it is my position that the prosecution
contracts should be discontinued for all cities for 1996.
The board and the cities should know that if the cities were to
retain their own attorneys for criminal prosecutions in 1996, this
could impact the cost of the contracts they have with the sheriff's
department. There could be additional overtime hours generated by
deputies because of the fact that they would be dealing with
attorneys outside of the courthouse and in some cases outside of
Carver County.
In speaking with Sheriff Wallin I know that he is interested in
having the County Attorney's Office retain the prosecution
contracts for 1996. Judges Philip Kanning and Jean Davies have also
indicated a strong interest in seeing the present system
maintained.
I recognize that the surcharges will be an additional financial
burden to the cities and their residents. However, when you compare
the cost that other cities pay for prosecution contracts, it is
safe to say that we are offering a nonmandated service at a very
competitive rate.
II. Staffing Funded by County
In addition to a surcharge funded attorney and secretary, I am also
requesting the county to fund an additional attorney I position in
the civil area of our office along with a paralegal to assist
attorney Kari Myrold in representing social services for budget
year 1996.
As the board knows, I have been before it the past few years asking
for additional staff because of the growing demands on the office.
We have not been granted our requests to adequately staff our
office.
Attached you will find a memo from Kari Myrold dated October 5,
1994 to better apprise you of the demands on her time. Remember
that the majority of this paralegal position would be reimbursed by
i the federal and state governments under a contract with social
services.
' The urgent need for an additional attorney in the civil area is
primarily because of growing demands placed on this office by other
departments in the county. The work load generated by zoning and
planning, which is handled by Kari Myrold, and environmental
services, handled by Peter Ivy, has grown rapidly this last year.
I personally have noticed increased requests for legal advice to
human resources, the highway department, and the auditor.
In March I tried a two day trial in tax court. This is the first
commercial tax court case I had go to trial since taking office.
With administration's emphasis on taking more cases to trial and
what I perceive as increased aggressiveness on the part of
' commercial and residential taxpayers, I expect more of my time will
be spent in tax court litigation.
Finally, there will be considerably more time spent by me in
' working with the Carver Soil & Water Conservation District Board.
By law I am mandated to act as the attorney for the district.
If I cannot get support from the board for the additional attorney
I position in the civil area and the paralegal position in the near
future, it may be necessary for me to simply tell the cities that
' we will not renew the prosecution contracts for 1996. With out the
additional help in the civil area, I will have to concentrate on
the needs of the county that are mandated by law. The prosecutions
for the cities are not mandated. Something has to give and the
I prosecutions contracts would be the logical cut.
t
C
cc: Richard Stolz
'
Sheriff Wallin
Judge Kanning
Judge Davies
'
t
C
VICTIM WITNESS COORDINATOR
I. General Description of Position
Serves as contact person in County Attorney's Office for crime
victims and witnesses. This position also provides
information, support and guidance to crime victims and their
families. This assistance centers on helping victims gain an
understanding and knowledge of the criminal justice system in
general and in their own case in particular.
II. Specific Duties
A. Bail Hearings
1) Contact individuals who have been identified on police
reports as victims for input regarding conditions of release.
2) Explain process to victims and answer questions.
3) Make prosecutor aware of victim input.
4) Notify victim after bail hearing with conditions of
release and next court date.
B. After defendant has been charged.
1) Inform victim of charges, victims rights, court dates and
attempt to get additional input.
2) Make referral to appropriate support agencies if needed.
(I.E. - Southern Valley Alliance for Battered Women, Sexual
Violence Center, Crime Victims Reparations Board.)
3) Keep prosecutor informed of victim input and concerns.
4) Keep victims informed of any developments as their case
progresses including guilty pleas, verdicts and final
dispositions.
III. General Duties
1) Attend hearings with victims upon request.
2) Assist victims in regaining lost or stolen property from
law enforcement agencies when no longer needed as evidence.
3) Assist victims in matters relating to restitution or
reparations.
4) Prepare and maintain records and reports.
5) Consult with prosecutors, probation officers and social
workers as necessary.
MEMORANDUM
TO: Mike
FROM: Jessica
DATE: May 8, 1995
RE: Worthless Checks
-------------------------------------------------------------
In 1994 there were approximately 200 worthless checks done. The
city of Chaska alone had 80 checks from various businesses.
To date, for 1995, there have already been 95 worthless checks that
have come into our office.
Court Trials:
Make up file
Enter in Q &A (Database)
Order certifieds if necessary
List witnesses
Send out officer notices and subpoenas
Send out disclosure letter to defendant
January 1995 to April 1995 = 60 Court Trials
Average 15 trials per month
Approximate time spent on files during one month - 16 hours
Worthless Checks:
Call (or talk with in person) the business if any questions
Order dl
Type complaint
Have attorney sign complaint
Make a copy of complaint and paperwork
Enter into Q &A (Database)
Call business to tell them complaint is ready (Sometimes more than
one call is necessary)
Approximate time spent per one check - 20 to 30 minutes
1994 approximate total of worthless checks = 200
1995 approximate total checks for January to April = 94
Gross Misdemeanor DWI Complaints:
Type complaint
Read over complaint
Give to attorney to read and sign
Look up codes for charges
Type front cover sheet and last page
Make copies
Call Sheriff's Dept. or Chaska PD for signing
Approximate time spent per complaint - 1 hour
----------------------------------------------------------- - - - - --
1
I Gross and Misdemeanor Duties (ave. per month)
PREPARED BY BMW
ENTER NEW CASES /CITATIONS INTO DATABASE 20 hours
ENTER CHARGING AND DECLINE REQUESTS IN DATABASE per month
PULL AND ALPHABETIZE ARRAIGNMENT FILES EACH MONTH
CHECK AND COMPARE ARRAIGNMENT CALENDAR FROM COURT ADMIN.
ENTER ARRAIGNMENT DISPOSITIONS IN DATABASE
--------- - - - - --
1 0 COLLATE MISD. COURT NOTICES WITH COURT FILE COPIES 25 hours
per ENTER NEW MISD. PT'S AND COURT DATES IN DATABASE per month
onth ASSIGN FILE NUMBERS AND ENTER EACH FILE IN DATABASE
MAKE UP MISD. FILE FOLDERS WITH COURT ADMIN. COPIES
PREPARE FILE LABELS /AFFIX AND FILE THE FILES
--------- - - - - --
per month
1 0
PRINT MISD. CALENDAR AS NEEDED
20
hours
per
PULL MISD. FILES FOR COMING MONTH
per
month
PREPARE MISD. FILES FOR PRE - TRIALS:
�onth
7.01 NOTICE
DISCLOSURE LETTER
GIVE MISD. FILES TO ATTY. FOR ATTY. ASSIGNMENT
15
PREPARE FOR MISD /GM JURY TRIALS:
10
hours
WITNESSES /SUBPOENAS
per
month
� er
onth
OFFICER NOTICES
PERSONAL SERVICE LETTERS
REQUEST CERTIFIED DOCS /OTHER
---------------
ENTER DISPOSITION OF MISD. IN DATABASE AFTER PT /JT
2
hours
---------------
ENTER MISD. SENTENCING AND OTSC DATES IN DATABASE
2
hours
'
PULL MISD. SENT. AND OTSC'S AND COLLATE PSI'S
2
hours
--------- - - - - --
TYPE GM FORMAL COMPLAINTS AND OTHER DICTATION
35
hours
'
(35 GM formal Complaints in April, '95)
per
month
CALENDAR, TYPE AND MONITOR REQUESTED MISD. COMPLAINTS
---------------
PREPARE SPREIGLS, WRITS, ADMIN. SUBPOENAS, ETC.
15
hours
'
PREPARE RULE 9.02 AND 7.01 NOTICES FOR GM'S EACH WEEK
4
hours
----------------
MISCELLANEOUS PAPER SHUFFLING AND FILING
25
hours
per month
MISDEMEANOR PRE -TRIAL HISTORY
1992
May
32
1993
April
48
1994
April
70
1995
April
80
PROSECUTIONS BY TWSP'S & CITIES
TOWNSHIP
Benton Twsp 0001
M
Camden TWSP 0002
P
M
G
Chaska TWSP 0003
P
M
G
Dahlgren TWSP 0004
P
M
G
Hancock TWSP 0005
P
M
G
YEARS
92 93 94*
1
5 10 6
1 2 1
TOTAL: 6 12 8
2 7 1
1
TOTAL: 2 8 1
1 5 2
1 1
TOTAL: 1 6 3
4 1
6 10 2
1 3 2
TOTAL: 7 17 5
2 1
TOTAL: 2 1 0
TOWNSHIP YEARS
92 93 94*
Hollywood TWSP 0006
p 3
m 6 11 9
G 3 3
TOTAL: 6 14 15
Laketown TWSP 0007
p
3
7
M
16
26
17
G
2
8
10
TOTAL: 18
37
34
San Franciso TWSP 0008
P
M
2
1
7
G
1
TOTAL: 2
2
7
Waconia TWSP 0009
p
1
2
M
9
15
10
G
3
4
2
TOTAL: 12
20
14
Watertown TWSP 0010
p 2 2
M 15 13 10
G 3 1 4
TOTAL: 18 16 16
u
TOWNSHIP
Young America TWSP 0011
P
M
G
YEARS
92 93 94*
2 1
5 7 3
6 1
TOTAL: 5 15 5
CITY
YEARS
p
p
92
93
94*
Carver City 0200
119
208
108
p
37
50
26
M
9
17
6
G
4
3
2
G
TOTAL: 13
20
8
Chanhassen City 0250
p
p
1
9
30
M
119
208
108
G
37
50
26
TOTAL: 157
267
164
Chaska City 0300
p 12 29
M 381 426 275
G 39 103 78
TOTAL: 420 541 382
Cologne City 0400
p
1
1
M
8 18
7
G
1 9
2
TOTAL: 9 28
10
Hamburg City 0450
p
1
M
4
4
G
2
TOTAL: 0 4
7
CITY
Mayer City 0500
P
M
G
YEARS
92 93 94*
1
1 6 2
3 2
TOTAL: 1 10 4
New Germany City 0550
P
M
G
Norwood City 0600
P
M
G
6 12 4
1 3 4
TOTAL: 7 15 8
11 28 11
1 9 1
TOTAL: 12 37 12
Victoria City 0650
P
M
G
5 5
20 43 26
1 8 6
TOTAL: 21 56 37
Waconia City 0750
P
M
G
1
4
5
79
102
71
6
13
14
TOTAL: 86
119
90
CITY
Watertown City 0850
P
M
G
YEARS
92 93 94*
23 62 23
4 10 12
TOTAL: 27 72 35
Young America City 0950
P
M
G
VA
10
3
13
TOTAL: 9
UNCERTAIN LOCATION
0030
P
M
G _
TOTAL: 0
CA FILE NUMBERS: 26999, 25695, 27904
1
2
1
UNCERTAIN LOCATION
0040
P
M
G
CT FILE NUMBER: T3 -93 -536
1
1
16
17
TOTAL: 0 1 0
UNCERTAIN LOCATION
0100
P
M
G
CA FILE NUMBER: 25328
1
TOTAL: 1
GRAND TOTALS
92
93
94*
P
2
44
89
M
734
1044
620
G
106
245
174
TOTALS:
842
1333
883
11 %' L% t il l' L L l . 1 1 1 1 `/
PROSECUTION PERCENTAGES BY TWSP'S & CITIES
GRAND TOTAL
CASES
ALL TWSP'S
& CITIES
842
1333
883
92
93
94*
TOTALS
Benton Twsp
TOTAL CASES
6
12
8
26
PERCENTAGE
.71%
.90%
.90%
.85%
Camden Twsp
TOTAL CASES
2
8
1
11
PERCENTAGES
.23%
.60%
.11%
.350
Chaska Twsp
TOTAL CASES
1
6
3
10
PERCENTAGES
.11%
.45%
.33%
.32%
Dahlgren Twsp
TOTAL CASES
7
17
5
29
PERCENTAGES
.83%
1.2%
.56%
.95%
Hancock Twsp
TOTAL CASES
2
1
0
3
PERCENTAGES
.23%
.07%
0%
.09%
Hollywood Twsp
TOTAL CASES
6
14
15
35
PERCENTAGES
.71%
1.1%
1.7%
1.1%
Laketown Twsp
TOTAL CASES
18
37
34
89
PERCENTAGES
2.1%
2.8%
3.9%
2.9%
'
92
93
94*
TOTALS
San Francisco Twsp
TOTAL CASES
2
2
7
11
PERCENTAGES
.23%
.15%
.79%
.35%
Waconia Twsp
TOTAL CASES
12
20
14
46
PERCENTAGES
1.4%
1.5%
1.6%
1.5%
Watertown Twsp
'
TOTAL CASES
18
16
16
50
PERCENTAGES
2.1%
1.2%
1.8%
1.6%
Young America Twsp
TOTAL CASES
5
15
5
25
1
PERCENTAGES
.59%
1.1%
.56%
.81%
Carver City
TOTAL CASES
13
20
8
41
'
PERCENTAGES
1.5%
1.5%
.90%
1.3%
Chanhassen City
TOTAL CASES
157
267
164
588
PERCENTAGES
19%
20%
19 %
19 °
Chaska City
'
TOTAL CASES
420
541
382
1343
PERCENTAGES
50%
41%
43%
44%
City
Cologne
TOTAL CASES
9
v
28
10
47
PERCENTAGES
1.1%
2.1%
1.1%
1.5%
92
93
94*
TOTALS
Hamburg City
TOTAL CASES
0
4
7
11
PERCENTAGES
0%
.30%
.79%
.35%
Mayer City
TOTAL CASES
1
10
4
15
PERCENTAGES
.11%
.750
.45%
.49%
New Germany
TOTAL CASES
7
15
8
30
PERCENTAGES
.83%
1.1%
.90%
.98%
Norwood City
TOTAL CASES
12
37
12
61
PERCENTAGES
1.4%
2.8%
1.4%
2.0%
Victoria City
TOTAL CASES
21
56
37
114
PERCENTAGES
2.5%
4.2%
4.2%
3.7%
Waconia City
TOTAL CASES
86
119
90
295
PERCENTAGES
10.2%
8.9%
10.2%
9.6%
Watertown City
TOTAL CASES
27
72
35
134
PERCENTAGES
3.2%
5.4%
4.0%
4.4%
Young America
City
TOTAL CASES
9
13
17
39
PERCENTAGES
1.1%
.97%
1.9%
1.3%
92 93 94* TOTALS
UNCERTAIN LOCATION
0030
TOTAL CASES 0 2
PERCENTAGES 0% .15%
CA FILE NUMBERS: 26999, 25695, 27904
UNCERTAIN LOCATION
0040
TOTAL CASES 0 1
PERCENTAGES 0% .07%
CT FILE NUMBER: T3 -93 -536
1
.11%
0
0%
0
3
.09%
1
.03%
UNCERTAIN LOCATION
0100
TOTAL CASES 1 0 0 1
PERCENTAGES .11% 0% 0% .03%
CA FILE NUMBER: 25328
= 3058
* Figures represent files up to Sept. 30, 1994.
Report prepared Oct.12, 1994.
GRAND TOTALS
92
93
94*
r
P �q,,�1'� �i�e
2
44
89
M �L`, S (� - v�%tu�i1)
734
1044
620
G � ' �S �ti�
TOTALS:
106
842
245
1333
174
883
= 3058
* Figures represent files up to Sept. 30, 1994.
Report prepared Oct.12, 1994.
LOCATION OF OFFENSES
SEVERITY
CT JY
CARVER CITY
F -O
CT -0
GM -0
JY-
M -6
PM -0
TOTAL
6
CHANHASSEN
F - 2
CT -48
GM- 8
JY-
M -103
PM- 39
TOTAL
152
CHASKA
F - 5
CT -60
GM- 13
JY-
M -260
PM- 40
TOTAL
318
COLOGNE
F - 0
CT -4
GM- 0
JY-
M -10
PM- 3
TOTAL
13
HAMBURG
F -0
CT -1
GM -0
JY-
M -2
PM -1
TOTAL
3
NEW GERMANY
F -0
CT -2
GM -0
JY-
M -4
PM -0
TOTAL
4
NORWOOD
F - 0
CT -2
GM- 1
JY-
M -11
PM- 0
TOTAL
12
VICTORIA
F - 0
CT -10
GM- 3
JY-
M -31
PM -10
TOTAL
44
WACONIA
F - 2
CT -11
GM- 1
JY-
M -58
PM- 8
TOTAL
69
LOCATION OF OFFENSE
WATERTOWN
TOTAL
SEVERITY CT JY
F - 0 CT -1
GM- 1 JY-
M -16
PM- 0
17
YOUNG AMERICA
TOTAL
F - 2 CT -2
GM- 1 JY-
M -10
PM- 1
14
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CITY
POPULATION
PROSECUTION COSTS
New Market
224
$ 451.87
Elko
260
2,388.66
Minnetonka Beach
520
2,000.00
St. Bonifacius
1,195
7,280.00
Tonka Bay
1,477
8,300.00
Excelsior
2,367
16,500.00
Belle Plaine
3,190
16,581.00
Medina
3,534
41,640.03
Minnetrista
3,800
20,000.00
Shorewood
6,430
17,500.00
Orono
7,300
30,000.00
Mound
10,000
23,615.00
Prior Lake
12,072
66,900.00
Moundsview
12,547
50,297.00
Savage
13,800
64,066.00
Golden Valley
21,019
61,092.00
New Brighton
22,000
31,020.00
Crystal
23,000
55,000.00
Richfield
35,710
96,163.00
Brooklyn Park
60,000
200,000.00
s:\USERS\CTW\WPDOCS\PCOSTS
1994 Fines
City
Parking and Ordinance Fines
Criminal Fines
Carver
$ 150.00
$ 5,479.00
Chanhassen
2,445.00
55,312.04
Chaska
725.00
83,576.61
Cologne
65.00
2,375.00
Mayer
50.00 :h
850.00
New Germany
30.00
1,620.00
Norwood
360.00 i�. i'
4,167.50
Victoria
35.00
7,268.00
Waconia
1,510.00
16,610.36
Young America
636.50
3,093.00
Watertown
190.00
6,921.75
Laketown Twsp
14,068.00
Hamburg
1,383.66
Totals
$6,196.50
$187,273.26
R: \USERS \CTW \WPDOCS \FINES
pop
010.
I' Ll - I I oll." l olli I i 9 1
� I IT KT I k lk 9 ►7 R1
CHANHASSEN
CITY COUNCIL
MEETING
June 26, 1995
CITIZEN INPUT PROVIDED TO
CITY OF CHANHASSEN STAFF AND
PLANNING COMMISSION TO DATE
Date From Whom
Various Joe & Gayle Morin
3 -27 -95 Al Weingart
3 -30 -95 Jill Willis
3 -27 -95 Lake Lucy Environment
Preservation Committee
( "LLEPC ")
3 -28 -95 LLEPC
4-4 -95 LLEPC
Input Item
Meetings with developer, Byrne
Meeting with developer, Byrne
Letter to City regarding concerns
Letter to neighbors & developer
regarding concerns /support
Letter to City Officials with 3 -27
LLEPC letter attached
Minutes of homeowners meeting
4 -5 -95 LLEPC Comparison between Mason &
Byrne developments distributed
at PC Meeting
4 -5 -95 Joe Morin, Jill Willis, Eric
Rivkin & Al Weingart
4 -11 -95 LLEPC
5 -1 -95
5 -1 -95
Comments & presentations at PC
meeting
Letter regarding location and
impact of Walker Pond
LLEPC Letter to City Officials regarding
Staff Report dated 5 -3, including
history with developer
Letter to City Officials regarding
Staff Report dated 5 -3
Eric Rivkin
5 -3 -95 Joe & Gayle Morin, Jill
Willis, Al Weingart & Dale
Carlson
Comments & presentations at PC
meeting
NEW DEVELOPMENT ON THE
NORTH SHORE OF LAKE LUCY
POINTE LAKE LUCY (MASONI LAKE LUCY ESTATES (BYRNE
'
Total Property:
18.15 acres'
Total Property:
14.53 acres
Wetland & Streets:
7.05 acres'
Wetland & Streets:
5.44 acres
Existing home:
N/A
Existing home:
.93 acres
'
Building acreage:
11.10 acres
Buildable acreage:
8.16 acres
' 19 building sites approved by City
Council (1.71 units per acre —net)
n
n
L
n
C
L
L
I
18 building sites proposed (2.21 units per
acre -- net'`)
13 -14 building sites would achieve
comparable density of 1.71 units/acre
Status Status
Neighbors were satisfied with Neighbors very dissatisfied with:
proposed development and apparent 1. Developers insensitivity to the environment
sensitivity to the environment. 2. Filling along the lakeshore
3. Removal of existing, mature tree canopy
4. Inconsistency of development with
surrounding homesites.
Conclusion Conclusion
Project approved by City Council Elimination of 4 -5 sites is required to have
comparable development even without considering
the more difficult terrain.
Note: However, neighbors did not
realize at the time the rearrangement Recommend elimination of 5 -8 sites to ensure
of the topography which was to occur. consistent and sensitive development of the site.
' Staff Report dated January 18, 1995.
Staff Report, CC Date June 12, 1995.
3 Staff Report, CC Date June 12, 1994.
4 Staff Report, CC dated June 12, 1985, indicates 1.98 units per acre (14.53 -5.44 = 9.09; 18 _ 9.09 = 1.98).
The calculation above (2.21 units per acre) is more accurate given the sizable parcel being created for the existing
Tichy home.
e
TREE CANOPY CALCULATIONS
FOR LAKE LUCY ESTATES
The following acreage calculations are based upon information taken from he
' Chanhassen City Staff Reports dated April 5th, May 3rd, May 17th and June
12th:
'
Total Acreage
14.53
CLEARED AND /OR GRADED / 11.37 =
Less: Wetlands
(3.16)
Developable Acreage
11.37
'
Canopy Percent to be Maintained
NOTE: Staff further notes on page 11 of the May 3rd Staff Report that:
'
Per Ordinance Sec. 18 -61
X 46%
on the grading /tree inventory survey."
REQUIRED CANOPY TO BE
AND on page 12 of the most recent May 17th Staff Report that:
'
MAINTAINED PER ORDINANCE
5.23
'
Required Canopy to be Maintained
5.23
'
Staff Calculated Additional Canopy Proposed
enough to the grading limits that preserving them will be difficult,
to be Removed by Applicant's Plan
(1.36)
'
CANOPY TO BE MAINTAINED
BY APPLICANT'S PLAN
3.87
Developable Acreage 11.37
' Canopy to be Maintained by Applicant's Plan (3.87)
ACREAGE TO BE CLEARED
AND /OR GRADED 7.50
'
PERCENTAGE OF SITE TO BE 7.50
66%
CLEARED AND /OR GRADED / 11.37 =
'
PERCENTAGE OF SITE TO 3.87
REMAIN CANOPIED 11.37 = 34%
NOTE: Staff further notes on page 11 of the May 3rd Staff Report that:
'
"Realistically, more trees may ultimately be removed than is shown
on the grading /tree inventory survey."
AND on page 12 of the most recent May 17th Staff Report that:
'
"To assume that the shaded areas on the tree inventory denote the
extent of tree loss in the development is unrealistic. Additional
trees that are near the grading limits will have questionable survival
'
possibilities. At least ten trees on the survey appear to be near
enough to the grading limits that preserving them will be difficult,
'
although they are shown as being saved." (Italics added)