09/13/2004 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES September 13, 2004 APPROVED 289 •90 Economic Development Assistant Divine presented the Staff report, indicating Staff recommends 291 approval. 292 293 Councilmember Reinert moved to approve the SECOND READING of Ordinance No. 21-04 294 authorizing the sale of property to Fairview Health Services as outlined in the Staff report. 295 Councilmember Dahl seconded the motion. 296 297 Vote: Councilmember Reinert voted yea. Councilmember Dahl voted yea. Councilmember Stoltz 298 voted yea. Mayor Bergeson voted yea. Motion carried. Councilmember Carlson declined to vote. 299 300 C. Consideration of Resolution No. 04-126, Conditional Use Permit / Planned Unit 301 Development and Development Stage Plan / Preliminary Plat, Marshan Townhomes 2°d 302 Addition, Jeff Smyser 303 304 City Planner Smyser summarized the Staff report, noting two wording changes to the conditions as 305 outlined in the resolution. He stated condition #5 should read "A park dedication amount of $28,170 306 shall be paid by the developer prior to approval of the final plat by the City Council. The final park 307 dedication amount shall be determined by a neutral arbitrator. Condition #14 should read "Developer 308 shall convey to the homeowners association of the existing townhomes abutting the north border of 309 the property an access easement over the existing access drive. Prior to approval of the final plat by 310 the City Council, developer shall submit a copy of the easement document and proof that the 311 easement document has been filed with Anoka County property records. The access drive as it W12 currently exists shall not be altered. Developer shall have no obligation for maintenance, repair, 13 replacement or insurance from date of recording of easement. He stated Staff is recommending 314 approval of this resolution as amended. 315 316 Councilmember Dahl asked if the developer would have to abide by the new park dedication fee if 317 they are not going to build until next year, since the fee may be reviewed and changed prior to that 318 time. She asked if they could charge the higher rate, if it is higher, or if the fact that it is a PUD and is 319 coming in over the City's determined 20% leeway makes a difference. 320 321 City Planner Smyser advised the park dedication fee is typically considered during preliminary plat so 322 it can go before the Park Commission. City Attorney Hawkins advised that State statute says the fees 323 should be based on what they are at preliminary plat, as developers are required to abide by the rules 324 in place at that time. He stated he does not know of anything in the PUD provisions that would allow 325 the City to change the regulations after preliminary plat, and noted the developer is only waiting until 326 2005 for final plat at the City's request, not because of their own delays. 327 328 Councilmember Reinert asked about the street that had been added, noting it is a good way to resolve 329 the issues of the surrounding neighbors. City Planner Smyser advised it is not a street, but an access 330 drive. 331 332 Councilmember Carlson questioned the length of the street, noting she likes the width for 333 environmental reasons, but asked if they were setting precedent for future developments because of 334 the length and the absence of turn-arounds. She stated she wondered because of the language in the S35 report that stated turn-arounds should be required on future roadways of this length. She also 36 wondered if the issue of compensation for donated land had been resolved.