08-27-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 27, 2003 Kevin Von Riedel, Dayspring Development, reported that his engineering consultant talked to the City Administrator today and was informed by the City Administrator that the Final Plat did not meet the conditions for approval. Von Riedel indicated that he, therefore, requests consideration be tabled until September 10°i in order to ascertain what issues are not in compliance. Fahey noted that the Council tabled action on the Final Plat one month ago in order to give the developer time to address the issues raised as part of the Preliminary Plat approval. Fahey asked if the Council was legally obligated to grant the request for tabling. He pointed out that the Final Plat does not meet the conditions imposed as part of the Preliminary Plat approval, and is, in fact, a significant departure from those conditions. The City Attorney reviewed the City Administrator's letter dated August 13, 2003 to Dayspring Development indicating that should the developer wish to postpone action on the Final Plat, a written request would be necessary. Without such a request, the City Council would consider the Final Plat for The Preserve dated June 12, 2003. It was noted that the written request from Dayspring to table was received at 4:38 p.m. today. The City Attorney indicated that it is within the Council's discretion to act on the Final Plat for The Preserve this evening. The Council is not obligated to grant the request to table. Fahey noted that the Council has had extensive correspondence on the proposed Final Plat. He further noted that the Planning Commission reviewed the Final Plat for The Preserve and has recommended denial. Von Riedel indicated that he did not anticipate that the Council would not grant the request to table. Therefore, he did not bring his consultants to the meeting this evening, and was not prepared to give a presentation on the proposed Final Plat. Anderson made a motion to grant a 30-day extension for consideration of the Final Plat for The Preserve as requested based on the City Administrator's letter dated August 13°i informing the developer that he had the option to make such a request. Blesener noted that it was his understanding that the developer was going to meet with the Watershed District this week. He asked if the City has input from the Watershed District relative to that meeting. The City Administrator noted the two e-mails in the Additions to the Agenda from Cliff Aichinger at the Watershed District. The Administrator pointed out that based on this correspondence it appears