02/12/1996 Council Packet - Laserfiche WebLink

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COUNCIL MEETING JANUARY 22, 1996 number of issues and was reading from minutes back in 1995. Ms. Dahl asked Mr. Schumacher if he wanted her to repeat the question? Mayor Landers said that Mr. Schumacher should take one question at a time and answer that one and take the next question or issue. Ms. Dahl said that the developers agreement was signed July 18, 1995 yet the road feasibility report was not finished until October 17, 1995. She asked who is responsible for stepping out of bounds? Mr. Schumacher asked Ms. Dahl why she felt that there was a stepping over or out of bounds. He said that the original intent was to sit down and negotiate an agreement with the developer for the payment of the road. He asked her if this is the issue here tonight. Ms. Dahl said yes, but if the developers agreement was signed before the feasibility study was finished or the traffic report was completed, isn't this like putting the cart in front of the horse? Mr. Schumacher explained that there is a standard agreement that is signed for all development that takes place in Lino Lakes. Ms. Dahl said that their (development) was different because they (staff) repeatedly asked for a proportion or percentage that the developer would pay for the road. This was (discussed) on August 8, 1994. She said that ours (Trapper's Crossing) was different from the standard agreement. Ms. Dahl said that there were added things to the agreement and it was not to be signed unless the City had all of their little ducks in a row and until the traffic and feasibility reports were in. She said that people just do not sign things like that because people have to know what they are getting into. Mr. Schumacher said that he did not believe that the agreement even addresses the issue dealing with Holly Drive. He said that the agreement only addresses the development issues within the subdivision itself. Ms. Dahl asked Mr. Schumacher to repeat this statement. Mr. Schumacher asked the City Engineer to clarify the issue further and then explained when a development or subdivision comes in, the City has a standard developers agreement for all the sewer, water, roads and all other details that are associated with a subdivision. He continued, the phase I subdivision with 34 lots and 28 units has this developers agreement for just the first phase of the development. Mr. Schumacher explained that this public hearing is just for the MSA road improvement and there is no agreement with the developer on this matter. Ms. Dahl read the Council motion from the Council minutes of August 8, 1994; "Council Member Kuether moved to approve the preliminary plat subject to the conditions outlined in the August 5, 1994 staff report and the condition that the developer take action necessary to complete a satisfactory plan for the reconstruction of Holly Drive and 12th Avenue from County Road J (Ash Street) to Birch Street ..." Ms. Dahl said, when reviewing this request, the following was noted; "#3 based on a recent traffic study performed in the area, ignoring the effect of any park complex, the subdivision would ultimately account for about 70% of the traffic on 12th Avenue and Holly Drive". Ms. Dahl referred to a document from John Powell, acting engineer, dated April 21, 1995 and read as follows: "The upgrade of 12th/Holly roadway is necessary to serve the additional traffic generated by the Trapper's Crossing subdivision and future traffic needs of the City. As part of the Trapper's Crossing preliminary plat approval, the developer was required to participate in a satisfactory plan for the reconstruction of the roadway". Ms. Dahl noted a letter written by developer Hokanson's attorney dated April 9, 1994, and said that in short, Mr. Hokanson's own legal advisors are saying that his percentage is 50% of the cost of the road. She said that the key words are," same proportion". Ms. Dahl said that in her PAGE 10