Agenda Packets - 2006/02/13 - Laserfiche WebLink

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Mounds View City Council January 23, 2006 Regular Meeting Page 15 Councilmember Thomas stated that she is sure it is something that will be in discussion at the 1 Community Center Task Force, but she just does not think it is something that the City can make 2 the Beltings wait for. 3 4 Mayor Marty asked if there is any way the City can contact Walgreens, Inc. to remind them as to 5 what their original plans were. Director Ericson stated that the problem is when the documents 6 were originally executed and the approvals were granted by the City, the other party involved 7 was Told Development Company and Walgreens did not own the site. He explained Walgreens 8 currently does not own the site either, but it is a different entity than Told Development. Director 9 Ericson explained that the issue is dealing with the second and third parties that weren’t privy to 10 the original discussion and the original planning to this site. Director Ericson stated it is difficult 11 to try to force new requirements on a developer or property owner that was not aware of what the 12 City was intending. He stated the discussion will continue with the current property owner and 13 staff will seek additional discussion. 14 15 Councilmember Thomas stated that while she likes the idea of banking parking credits, she 16 thinks there might be legal issues to look into. She stated she does not know if the City could 17 make a formal vote tonight without looking into that. She suggested this information should be 18 put together and returned for Council consideration. 19 20 City Attorney Riggs stated that Councilmember Thomas is correct, as there could be some issues 21 with payments in lieu of, if there is not enough authority established ahead of time. He explained 22 that there have been some significant court cases that have come down that even if it is in the 23 agreement, it can be somewhat problematic. He mentioned that when dealing with the developer, 24 they are usually good to their word and staff could put something together that deals with the 25 issue. City Attorney Riggs stated that it should not take that long, and staff could have a 26 response by next week. 27 28 Dr. Greg Belting stated the closing was delayed because of the REA document with the owner of 29 the Walgreens property and because of Walgreens itself with the easement issues. He stated that 30 the transaction did not close until December 21, 2005. Dr. Greg Belting stated that they would 31 like to start having materials delivered before frost restrictions. 32 33 Councilmember Stigney stated he was opposed to parceling off part of the Community Center 34 parking lot. He stated that whether the City sells it or rents the parking, a sidewalk will still be 35 placed through there. 36 37 Councilmember Stigney asked what option the City would have more leverage in if additional 38 parking is required in the future, whether it be asking for a variance or a change in the PUD for 39 43 spaces. Councilmember Stigney suggested that if the building gets new owners, the parking 40 issue would need to be addressed at that time. City Attorney Riggs stated that it would have to 41 be in the PUD document. He explained once the variance is in place, it exists at that time and 42 moves forward, so it would be a PUD amendment that staff has been talking about. 43 44