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COUNCIL MINUTES APRIL 12, 1999 <br />Mr. Fogerty, Fogerty Investments, stated he is willing to provide a $30,000 letter of credit for the <br />screening and buffering of building C. <br />Council Member Neal asked if the property had originally been rezoned. Ms. Wyland stated it <br />was not a rezone. The clinic required a site plan review and conditional use permit. <br />Council Member Lyden stated that in the long term 35W and Lake Drive was meant to be a <br />commercial interchange. It will be that way for a long time. Commercial development in that <br />area should be maximized. Light Industrial can be placed anywhere. The interchange should be <br />a place for people to shop, eat, bank, see the doctor, and go to the YMCA. He stated that <br />families do not need to dodge semi's to get to this area. The primary responsibility of the <br />Council is to the people of the community. The people that are here now. The clinic was told <br />the area would be General Business. The City should keep its word. <br />Council Member Bergeson discussed the distance between Lake Drive hety If the Light <br />Industrial border were changed, it would be as far from Lake Drive • • revs . sly been. If <br />the rezone is approved, Light Industrial is only being moved up one-lot..A driveway can identify <br />who you are. He suggested relocating the clinic's driveway tt the north end so it may more <br />closely identify them with the businesses around the interchange. <br />Mayor Sullivan stated that as a new patient of the clinic,she doh: not believe being near Light <br />Industrial is a problem. The City ordinances aresuch that additional noise and emissions are not <br />an issue. The City also has an ordinance #a take care .of the appearance of the building. She <br />stated it is a good transition. The way #..e, proposed"building is set and sized it provides <br />protection. She stated she has more concern regarding a single building. <br />Mr. Wessel suggested hhe possibility of tabling the item until the developer and the clinic have <br />reached a compromiseegarding the"°buffer. <br />Mayor Sulliv <br />the project. She <br />emoving one building and changing the buffer to 400 feet changes <br />icated that would be the same as not allowing all four (4) buildings. <br />Council Member Dahl asked why the property is not going to be subdivided now. <br />Mr. Smyser explained it will not be subdivided now because of the legal requirements regarding <br />utility lines going across the property. He stated too much time and expense would be needed to <br />subdivide at this time. <br />Council Member Dahl stated that in the past developers and residents have come to agreements <br />before coming to the Council. That process allows for a win/win situation. She asked if Mr. <br />Fogerty currently owns the property. <br />Mr. Fogerty stated his time frame regarding the project was up a month ago. He indicated he has <br />tried to reach an agreement with the clinic but they will not work with him because they are <br />opposed to the rezone. <br />16 <br />