06/26/2006Council Packet - Laserfiche WebLink

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• • • COUNCIL MINUTES JUNE 12, 2006 DRAFT disputing the findings. He noted this resolution is far different from the previous resolution presented to the Council. Mr. Hilger presented and reviewed additional traffic information in relation to a drive through in comparison to a day care center. He demonstrated proof of parking without the second driveway. Mr. Hilger stated the developer has abided by the City process throughout. He stated he is challenging the Council's way of thinking. The developer has no interest in litigating a solution. He asked the Council to consider a new proposal: the developer is willing to place a deed restriction to limit the types of businessg,that go on that site. He is recommending a change to the existing developer's agreement establishing the deed restriction. { Formatted: Centered - {:Deleted. i Mr. Hilger noted the developer could still build the project without the drive through. The developer would however, like to work with the City ira mutually constructive way. - { =>ae City Attorney Hawkins advised a deed restriction would be binding for all users. Mr. Hilger indicated the developer could extend the time frame for action on the CUP if everyone agrees to more discussion on the new proposal. Councilmember O'Donnell moved to table Resolution No. 06 -53 and request a 60 -day extension on action to discuss a deed restriction within the developer's agreement between staff and the developer. Councilmember Reinert seconded the motion. Mr. Hilger concurred and agreed to the 60 -day extension. Councilmember Carlson moved to amend the motion to include additional proposals as well as the deed restriction. Councilmember O'Donnell seconded the amended motion. Motion carried unanimously. The original motion by Councilmember O'Donnell, seconded by Councilmember Reinert passed with Mayor Bergeson voting no. Mayor Bergeson called for a short break at 8:33 p.m. Mayor Bergeson reconvened the meeting at 8:37 p.m. Consider Ordinance 06 -06, Second Reading and Passage of Ordinance Vacation a Portion of North Road and Sunrise Drive, Paul Bengtson — Community Development Director Grochala stated the City of Lino Lakes has initiated a vacation of the unused rights of way dedicated as part of Lexington Park Lake View, further defined by the recently approved Registered Land Survey No. 233 as Tracts F and G. This vacation will revert the property to the adjacent parcels of Lexington Park Lake View and further defined by the Registered Land Survey No. 233 as Tracts D and I. 5