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gr00090_000043_pg055
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March 14, 1977 Page 5 <br />AMENDMENT OF DEVELOPMENT CONTROLS. Admin. Achen stated the purpose <br />of this amendment is to give the City another tool in negotiating <br />with developers in that it would allow some development in areas <br />needing improvements. It proposes that an agreement be signed <br />with the developer that he acknowledges public improvements will <br />be required and agrees to pay them, the agreement to be recorded <br />with the deed so that all future buyers would be aware of the required <br />future improvements. <br />Atty. Meyers stated he had made some changes to the ordinance. He <br />misinterpreted the staff's desire to allow construction in areas <br />needing improvement and revised the ordinance to grant Council <br />authority to refuse building permits where public improvements are <br />needed. <br />Admin. Achen stated that he assumed Council already had that <br />authority to refuse permits. Perhaps it would be beneficial to <br />have it in writing. <br />Councilmember Ziebarth questioned the advantages of each proposed <br />ordinance? What are the ramifications if the City does not issue <br />a permit? <br />Atty. Meyers responded that the City is always in the position <br />of being challenged as to why a permit is not issued and his revision <br />would give ordinance authority not to issue building permits, <br />thus giving Council ammunition and grounds for not issuing permits. <br />Admin. Achen stated that the staff's proposed ordinance, allowing <br />development prior to the public improvements being constructed, <br />is modelled after an existing ordinance in the City of Coon Rapids. <br />Councilmember Ziebarth stated he could see wisdom in having both <br />ordinances. Mayor Pickar stated the Development Controls amendment <br />would be held over until the March 28th meeting. <br />BUILDING PERMIT REQUESTS FOR BONA ROAD DEVELOPMENT <br />MS (Pickar - Ziebarth) to grant issuance of building permit for two <br />houses as requested and that prior to any building permits being <br />issued requirements as outlined in paragraph 2 of the February 25, <br />1977, letter from Banister Short Elliott Hendrickson and Assoc. Inc. <br />be met. <br />Councilmember Baumgartner stated that Keith Harstad had previously <br />explained that neither of the two homes he had built some ago <br />in the area in question had problems with flooding even in the <br />spring of 1975, although the water was awful close to doors in <br />the southerly most house in particular. <br />Mayor Pickar stated that two houses doesn't make much difference, <br />but with 3 or more homes the run off from the homes with paved <br />driveways, etc. does affect the drainage. Banister Short's letter <br />seems to back this up. Admin. Achen commented that the problem <br />is where do we draw the line on issuing permits before the improve- <br />ments are constructed? <br />
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