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Mounds View Planning Commission December 16, 1998 Special Meeting Page 5 not necessarily the business park occupants. The private sector will take care of their parking problems, Brasaemle said. Obert expressed his concern that the City needed some type of enforcement for possible parking violations. Nelson said the City can help enforce private property rights. Staff was recommending that the Planning Commission approve Resolution 565-98, a resolution recommending approval of an alternate site plan, with stipulations, for development of the 6.89- acre Building N site, Mounds View Business Park, as requested by Everest Group. Motion/Second: Stevenson/Miller to strike stipulation item No. 2 from Resolution No. 565-98, a Resolution Recommending Approval of an Alternate Site Plan(Development Review)for the Proposed Building N Development, Mounds View Business Park. Ayes - 5 Nays 1 (Obert) The motion carried. Obert said he didn't agree with putting the burden of moving the site's driveway on the developer. Director of Public Works, Mike Ulrich, said it was his opinion that there should be some type of language in the Resolution or Development Agreement that would address accidents that could • happen because of the turning movements on the site and the two entrances into the site. Obert said it would not be fair to the developer to have to maintain a shared access to the site. Peterson said the issue could be addressed with a statement of liability in the Development Agreement. Ulrich said instead of having two driveways the City would extend the public street into the site and be maintained by the City. City Attorney Scott Riggs said it would be very difficult to formulate language that would prevent liability concerns and allow or require a developer to come back some time in the future and restructure the development agreement. The issues being discussed should be handled in the front end of the development process, Riggs said. He recommended, as part of the motion, that the driveway issue, while the City Council can make up its own mind and staff can suggest a different solution to the problem, be stated as not being a problem because it is part of the approved plan. Brasaemle suggested that the staff report reflect the Commission's opinion that the driveway issue was not a problem. This would eliminate the need to have the Resolution's language reflect the Commission's opinion, he added. Motion/Second: Brasaemle/Miller to recommend to the City Council approval of Resolution No. 565-98, A Resolution Recommending Approval of an Alternate Site Plan(Development Review) for the Proposed Building N Development, Mounds View Business Park, as amended in the previous motion. 1111 Ayes- 6 Nays - 0 The motion carried.