04/12/2004 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES APRIL 12, 2004 APPROVED 1 City Planner Smyser reported that they had discussed the proposed new height restrictions with •2 MnDOT Aeronautics, and that the new restrictions are more complete and more in line with 3 MnDOT's recommendations. 4 5 City Planner Smyser stated that the park dedication has been resolved, and that there is 6 correspondence from the City Attorney stating they had supplied enough to satisfy the park 7 dedication. He stated the only thing outstanding is that there is a power line easement going through 8 the project, and one of the park trails to be dedicated is within that. He stated he has an easement 9 document that includes the park trail as an allowable use within there, so that has been resolved. 10 11 City Planner Smyser stated staff is recommending approval of the final plat with the attached 12 Resolution 04-43, and that does include a revision to the height restrictions that were originally 13 approved. 14 15 Councilmember Carlson asked whether the Air Park Association had made any response to the 16 changes, and City Planner Smyser indicated that the developer was working with the Air Park, but 17 that he had not been contacted by the Air Park. Councilmember Carlson stated she had spoke with a 18 board member from the Air Park over the weekend, who had stated to her that she wasn't aware of the 19 changes. 20 21 Councilmember Carlson asked if the power line easement went across the 8.1 acres of park 22 dedication, and City Planner Smyser indicated that the power line easement goes across the entire 23 plat. City Planner Smyser stated that the power line easement does cross part of the southern park 24 property. • 25 26 Councilmember Carlson asked how much of the 8.1 acres is under the power line easement. City 27 Planner Smyser stated he didn't have that data. Councilmember Carlson stated that this was 28 information that she had asked be in their report so she would have time to review it and come back 29 with any questions. 30 31 Councilmember Carlson asked how the amount of $51,183 per acre for the park dedication was 32 determined. City Planner Smyser told the Council that the park dedication was reviewed as part of 33 the preliminary plat review, and that the Parks Director, staff, and developer had agreed that this land 34 would be dedicated. He stated that the question of additional cash arose a year ago, and that was 35 calculated out based on the subdivision ordinance requirements. He stated that the developer had 36 challenged that, and the issue had gone back and forth between the City Attorney and the developer's 37 attorney for a number of months. City Planner Smyser stated the City Attorney had determined that 38 the land being dedicated would fulfill the park dedication, and that they could not really ask for more. 39 40 City Planner Smyser stated that according to court cases in the past, 10 percent of land is deemed 41 appropriate, and that is sort of the standard being used in the state of Minnesota. He stated that dollar 42 and cent calculations didn't really enter into it. 43 44 Councilmember Carlson commented that the court did not say it couldn't exceed 10 percent. City 45 Planner Smyser stated that that was correct. 46 47 Councilmember Carlson stated in 2001 an ordinance was passed setting the amount at $1,665 per • 48 unit, and that this has not been raised since 2001 through the Comprehensive Plan. She said they 6