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City Council Regular Meeting Minutes March 27, 2018 Page 11 3. Motion to deny the preliminary PUD development plan and preliminary plat and to direct staff to prepare a draft resolution declaring terms of the same, based on the findings of the City Council. 5 Motion by Councilmember Gray, seconded by Councilmember Randle, to approve Resolution 6 18 -030; a Resolution Approving the PUD Preliminary Development Plan/PUD Rezoning and 7 Preliminary Plat Related to The Village, LLC Project Located at 2501 Lowry Avenue with the 8 following contingencies: 9 • Setback from Kensington Condos — Increase the setback from the property line by 10 approximately 20 feet, shifting the development to the west. 11 • Vacation of Easement — There is currently a watermain easement through the site, which will 12 need to be vacated through a separate action accompanying a final plat. 13 • Engineering Comments — The full City Engineer memo and storm water management are 14 available as attachments and all changes should be made, per the memo to the satisfaction of 15 the City Engineer. 16 • Agency Comments — Park Board and Hennepin County permits shall be obtained and permit 17 requirements should be incorporated, as final approval by those agencies requires. 18 • Revised Traffic Study Recommendations — All traffic mitigation efforts listed in the revised 19 traffic study shall be part of the conditions for approval, as permitted by other regulating 20 agencies (Park Board and Hennepin County). 21 • Receipt of All Applicable Permits — All other agency permits shall be obtained, and plans 22 approved prior to construction on the site. 23 24 Councilmember Jenson stated he has a concern about the project. He would like to see some 25 certainty that AEON is moving forward with their proposal and it is going to happen for sure 26 before he would want to approve the PUD. Other than that, he agrees with the proposal but feels 27 the certainty is needed on the AEON project. 28 29 Mayor Faust stated with certainty, that cannot be offered this evening and that is a separate case. 30 It was noted that approval takes 4/5 1h, of Council vote and the City won't know certainly on the 31 AEON project. Mayor Faust stated he would bet his last dollar based on the information that is 32 being processed and his understanding of it, that it will happen. He stated he wouldn't do this 33 unless he was pretty sure it will come to pass and there will be some type of affordable housing. 34 35 Councilmember Jenson asked Mayor Faust when the discussions were held with AEON and 36 what was their timing. Mr. Casey stated there was no specific timeline but they would like to 37 move quickly due to various grants that would be available. He stated he is not privy to the 38 discussions between AEON /Bremer Bank and there was no indication of when a purchase 39 document would be done. 40 41 Mayor Faust noted May and June is when the grants are available from the Met Council. This is 42 the window in which the grant applications need to be done so they will need to move quickly. 43 Mayor Faust stated he has heard Bremer Bank also wants it to move quickly. 44 45 City Attorney Steger clarified the 4/5 1h, vote requirement applies to the final plat approval. The 46 general rules of Council apply to the preliminary plat approval.