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COUNCIL MINUTES August 24, 2015 <br />APPROVED <br />project and size of the project. This is the 3rd Addition and includes 41 lots with two outlots. The <br />only deviation from the preliminary plans is in the phasing - this addition is coming in with a lower <br />number just due to timing. Otherwise this is consistent with the preliminary plan. The next phase <br />will include the parkland dedication. The development agreement is the city's standard. The <br />developer is present and would like to address the council. <br />Larry Olson, developer representative (Emerick Construction), noted the requirement of curb and <br />gutter as well as certain utility work before a building permit is issued. In the case of this <br />development, the requirement would cause a delay for the home builders and is a problem due to a <br />constricted construction season. There are buyers ready and wanting to move in. He asked the city <br />to remove the restriction of the utility work from the building permit process in this case and perhaps <br />for all projects. <br />The mayor asked staff to explain why the restriction is in place. City Engineer Hankee noted <br />security included in the development agreement. There are securities in place to assure the city's <br />investment in work. She has looked at other cities and has found that Lino Lakes is more restrictive <br />than some other cities. She could work with the building inspector, attorney and other staff to make <br />sure that lessening the restriction isn't a problem. Community Development Grochala added that he <br />tends to get the calls when the owner wants to move in but the certificate of occupancy isn't in place <br />because the private utilities aren't all in. He is comfortable in consideration of the situation of this <br />development. <br />The mayor said the council likes to assist but wants to do the homework before authorizing any <br />overall change. If the council is comfortable, this agreement could be amended and then next year <br />look at a more permanent change based on experience. <br />Council Member Rafferty moved to approve Resolution No. 15-86 as presented. Council Member <br />Stoesz seconded the motion. Motion carried on a voice. <br />Council Member Rafferty moved to approve Resolution No. 15-87 to include the staff <br />recommendation to change the Development Agreement (Section 18) to allow the issuance of a <br />building permit but not a Certificate of Occupancy prior to the installation of utilities. <br />6C) Resolution No. 15-88, Approving a Declaration of Restrictions and Covenants for Project - <br />Specific Wetland Replacement, Birch Street Turn Lane and Utility Improvements - Community <br />Development Director Grochala reviewed the request to approve this declaration that will include <br />certain property within the restrictions and covenants for the Birth Street project, as required by the <br />Rice Creek Watershed District peuiiit. <br />Council Member Rafferty moved to approve Resolution No. 15-88 as presented. Council Member <br />Stoesz seconded the motion. Motion carried on a voice vote. <br />6D) Resolution No. 15-89, Accepting Quote for Culvert Replacement along Bald Eagle <br />Boulevard and Rolling Hills Drive - City Engineer Hankee reported on the low quote received for <br />this culvert project. <br />Council Member Rafferty moved to approve Resolution No. 15-89 as presented. Council Member <br />Stoesz seconded the motion. Motion carried on a voice vote; Council Member Roeser abstained. <br />4 <br />