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COUNCIL MINUTES SEPTEMBER 27, 2004 APPROVED 1,33 21. Homeowners' association's documents must require a funding mechanism to maintain the 34 bridge, private road, and utilities. All documents must be reviewed by City Attorney prior to 335 final plat. 336 22. No site work or construction shall take place on the island other than bridge work until the 337 bridge is completed and inspected. 338 339 Councilmember Stoltz seconded the motion. 340 341 Councilmember Reinert asked for further clarification on the public purpose. City Planner Smyser 342 acknowledged it was not as clear cut as other developments. Councilmember Reinert stated if Staff 343 did not do this as a PUD, they would have to allow variances for development to occur or no 344 development could occur, which would conflict with the property owner's ability to have reasonable 345 use of his property. City Planner Smyser stated they are using a PUD as a better alternative than just 346 granting variances. He indicated they gained the conservation easement and have a number of 347 stormwater elements that contribute to a better development. He stated they are also getting custom 348 grading which will preserve trees that they would not get otherwise. 349 350 Mayor Bergeson noted he thinks everyone on the City Council had some difficulty with this 351 development and how they intended to vote. He indicated his decision is based on the notion of 352 public net benefit and whether the items noted have enough substance to offset the concessions the 353 City is making. 354 355 Motion carried. Vote: 4:1 Mayor Bergeson opposed. 56 57 Resolution No. 04-136 can be found in the City Clerk's office. 358 359 iii. Consideration of Resolution No. 04-137 Variance to Allow Infrastructure 360 Construction prior to Final Plat 361 362 Councilmember Stoltz moved to adopt Resolution No. 04-137, approving a Variance from the 363 Subdivision Ordinance Prohibition on constructing infrastructure prior to approval of a Final Plat, 364 Pheasant Hills Preserve 12th Addition. Councilmember Carlson seconded the motion. 365 366 Motion carried unanimously. 367 368 Resolution No. 04-137 can be found in the City Clerk's office. 369 370 Mr. Vaughan thanked the City Council. He stated he understands this has been a trying four years for 371 all involved and has tested the Council's patience. He thanked them for their decisions. 372 373 C. Consideration of Resolution No. 04-139, Approving Redevelopment Contract for Legacy 374 at Woods Edge, Mary Divine 375 376 Economic Development Assistant Divine summarized the Staff report, indicating Paul Steinman, 377 Sprinsted, Inc. would answer questions and review the contract. 378 . 79 Mr. Paul Steinman reviewed the key points of their memo concerning Legacy at Woods Edge. 80 8