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COUNCIL MINUTES MARCH 24, 1997 <br />abstract would have to be looked at to determine who actually owns the property. If it is owned <br />by Mr. Tagg, it would have to be excluded from the plat. <br />Mr. Tagg expressed concern about his lack of notification of this meeting. Ms. Wyland stated a <br />letter was sent to Mr. Tagg's address. Mayor Landers asked how many properties are along the <br />Town Center complex. Ms. Wyland stated she would have to look up that information. Council <br />Member Neal asked if affected residents are notified by certified mail. Ms. Wyland said they are <br />not. She continued by stating the ordinance reads that property owners within 350 feet shall be <br />notified, but failure to provide notification does not invalidate the hearing. The public hearing <br />was published twice and notices were sent to the property owners prior to this meeting. Mayor <br />Landers stated that approximately a year and a half ago, the Council tried to include certified <br />mail in the ordinance but it was voted down at that time. Ms. Wyland stated the ordinance was <br />changed to 600 feet for MUSA expansions and rezonings. The preliminary plat notification <br />requirement was not changed and the certified letter requirement was not made a part of that <br />change. <br />Mr. Schumacher expressed concern that a resident did not receive adequate notice and asked if <br />there are other residents who would want a chance to speak out about this issue. Ms. Wyland <br />pointed out another resident from that area was in attendance earlier and then left. Mr. Wessel <br />pointed out the public hearing was published twice and asked for verification that notification <br />letters were sent. Ms. Wyland stated yes and that she could check and verify that letters were <br />sent. Mayor Landers stated that as long as the City makes a good faith attempt to notify all the <br />residents, it will not invalidate the proceedings. <br />Mr. Tagg expressed concern about his property being devalued. Mr. Hawkins stated the City <br />does not have the right to change his access if he really does own that easement; unless the City <br />chooses to condemn the easement and compensate. <br />Council Member Bergeson asked if it is possible to put in the clinic and continue to use the <br />existing driveway. Mr. Wessel pointed out somewhere along that line the County is going to, <br />sign off on the new entrance to the Town Center. From a planning point of view, most likely it <br />would not be allowed to have two accesses; and the preferred access would be the one shown. <br />Mr. Ahrens concurred with this statement. The access should be as far south as possible for <br />safety issues. <br />Council Member Kuether moved to approve the preliminary plat for the "Village" of the Town <br />Center with the conditions outlined in the Staff Report dated March 21, 1997. Council Member <br />Bergeson seconded the motion. Motion carried unanimously. <br />Consideration of Site Plan Review, Fairview Clinic, the "Village" of the Town Center - Mr. <br />Brixius stated the Fairview Clinic has submitted a request to construct a 9,613 square foot <br />medical facility (first phase) upon a 1.7 acre parcel of land within the Town Center "Village". <br />The development proposal also calls for a 5,000 square foot building expansion, resulting in an <br />PAGE 15 <br />