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HomeMy WebLinkAboutgr00090_000043_pg055March 14, 1977 Page 5 AMENDMENT OF DEVELOPMENT CONTROLS. Admin. Achen stated the purpose of this amendment is to give the City another tool in negotiating with developers in that it would allow some development in areas needing improvements. It proposes that an agreement be signed with the developer that he acknowledges public improvements will be required and agrees to pay them, the agreement to be recorded with the deed so that all future buyers would be aware of the required future improvements. Atty. Meyers stated he had made some changes to the ordinance. He misinterpreted the staff's desire to allow construction in areas needing improvement and revised the ordinance to grant Council authority to refuse building permits where public improvements are needed. Admin. Achen stated that he assumed Council already had that authority to refuse permits. Perhaps it would be beneficial to have it in writing. Councilmember Ziebarth questioned the advantages of each proposed ordinance? What are the ramifications if the City does not issue a permit? Atty. Meyers responded that the City is always in the position of being challenged as to why a permit is not issued and his revision would give ordinance authority not to issue building permits, thus giving Council ammunition and grounds for not issuing permits. Admin. Achen stated that the staff's proposed ordinance, allowing development prior to the public improvements being constructed, is modelled after an existing ordinance in the City of Coon Rapids. Councilmember Ziebarth stated he could see wisdom in having both ordinances. Mayor Pickar stated the Development Controls amendment would be held over until the March 28th meeting. BUILDING PERMIT REQUESTS FOR BONA ROAD DEVELOPMENT MS (Pickar - Ziebarth) to grant issuance of building permit for two houses as requested and that prior to any building permits being issued requirements as outlined in paragraph 2 of the February 25, 1977, letter from Banister Short Elliott Hendrickson and Assoc. Inc. be met. Councilmember Baumgartner stated that Keith Harstad had previously explained that neither of the two homes he had built some ago in the area in question had problems with flooding even in the spring of 1975, although the water was awful close to doors in the southerly most house in particular. Mayor Pickar stated that two houses doesn't make much difference, but with 3 or more homes the run off from the homes with paved driveways, etc. does affect the drainage. Banister Short's letter seems to back this up. Admin. Achen commented that the problem is where do we draw the line on issuing permits before the improve- ments are constructed?