05-13-2004 Planning Comm. Agenda

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MINUTES CITY COUNCIL APRIL 28, 2004 City's relationship with Mr- Howe. Miller suggested that the City take a step back, considering what is happening in the neighborhood, and question whether this is the right development and developer for the neighborhood. Fahey suggested that Mr. Howe would likely be comfortable moving forward with the Hidden Acres plat without the connection to Condit Street. However, the neighbors would prefer to see the Condit connection. Fahey stated that some times the City Council has to take a role in a development when there is no other alternative, and when the result is an option that has the support of most of the neighborhood. Fahey suggested that the preferred option is for the developer and the two propeirty owners to negotiate in good faith for the right-of--way to Condit. However, if that cannot happen, there is a process for the City to follow. Fahey stated that he would not be adverse to using that process if it becomes necessary. Miller indicated that he is currently upgrading his home and suggested that he will have to cease the completion of that project until he can determine his options. Miller indicated that he will be retaining counsel and there will be significant costs incurred. Fahey encouraged Miller to continue discussions with the developer- David Nydegger, Yorkton Ridge, suggested the need for improvements along Condit Street, and asked why such improvements are not being considered. The City Administrator agreed that improvements were needed on Condit Street, and pointed out the need for additional right-of--way acquisition. The Administrator suggested that as part of any acquisition of right-of- way for a connection to Condit Street, the City may also include acquisition of the additional right-of--way needed for Condit Street. The Council thanked the neighborhood for its input, and pointed out that the Preliminary Plat for Hidden Acres will be considered by the Planning Commission on May 13, 2004 and the City Council on May 26, 2004. CUP AND Mayor Fahey opened the Public Hearing to consider the request for a EXEMPTION Conditional Use Permit for a special purpose fence that will serve as a FROM noise barrier for a generator at 2925 Condit Street as well as an Exemption NOISE from the Noise Ordinance for that generator. It was noted that the ORDINANCE - Planning Commission has recommended approval of the CUP and the 2925 CONDIT Exemption from Noise Ordinance standards. STREET -