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MINUTES <br />REGULAR CITY COUNCIL MEETING/PUBLIC HEARING <br />APRIL 14, 1982 <br />'~ <br />A regular meeting/public hearing of the Falcon Heights City Council was <br />called to order at~7:00 p.m. by Mayor Warkentien. <br />Mayor Warkentien, Councilmembers Larson, Ciernia and Chestovich. Also PRESENT <br />present were Clerk Administrator Barnes and Attorney Swanson. <br />Councilmember Eggert. ABSENT <br />Mayor Warkentien opened the public hearing on the Bernwood 4~1 Plat, and PUBLIC HEAR- <br />presented the Affidavit of Publication and the Request for Platting. ING ON <br />Walter Northrup, 1942 Summer, representating the Tatum/Falcon Woods Task <br />BERNWOOD ~tl <br />Force, made several comments as follows: The Task Force's concerns are PLAT <br />centered, primarily, around the access for the plat (opening Prior to <br />the north). The group feels that proper development of the land could WALTER <br />best be done by seeing a layout of the entire area as only in that way NORTHRUP <br />can proper access routes be addressed. Mr. Northrup cited that several 1942 SUMMER <br />areas of precedence have been set in previous discussions and proposals <br />regarding the total development of the property, i.e. Planning Commission <br />Resolution 82-2 approved that plan only with access other than through <br />Prior and Tatum, City Planner Carl Dale, on March 29, recommended the <br />City retain control of the closing of Prior when and if future develop- <br />went should occur and that an over all plan for the property should be <br />used under 14.6, PUD, or some other ordinance prior to approval and that <br />variances should not be allowed just on parcels because it gives the City <br />no view of the entire development, and Engineer Brad Lemberg, on March <br />29, noted that negotiations for a Cleveland access are in the final stages <br />of approval and that it was not in the best interest of the City to change <br />these accesses if the Cleveland access is close to being approved. Mr. <br />Northrup stated that the Task Force was of the opinion that it is incon- <br />sistent, at this time, to allow the access to Prior on this one parcel of <br />land when all are aware that with the total development of the property <br />other accesses have been agreed upon and should be provided for. <br />Mr. Northrup then questioned Attorney Swanson as to whether or not a NORTHRUP/ <br />proposal by a developer who has a suit against the City is in order. SWANSON <br />Attorney Swanson stated that there is no provision that would deny <br />the right to plat the parcel at this time not withstanding the law suit. <br />Whether or not it has an effect on the law suit is another question. <br />Mayor Warkentien stated that the plat was originally for .14 lots but MAYOR <br />was cut back to 12 to give the 10,000 square foot lots. The single WARKENTIEN <br />residences were a part of the proposal which is now in court and if the <br />court decides in favor of the developer then the lots will be in place <br />and the remainder could proceed. He explained that Prior must be opened <br />for the time being for construction purposes, but, he, personally was <br />not adverse to eventually following the original plan to chain off Prior <br />and allow only emergency vehicles to use it. But, at this time there is <br />no alternative bum to allow the developer Lo open it, which does not <br />forbid the City from, at a later date, prohibiting it to keep it from <br />being a permanent access. He reminded those in attendance that following <br />a 3 hour meeting, at which all interested parties were heard, in spite <br />of the fact that it was not a public hearing, the Planning Commission <br />voted 8-0 to approve the plat. <br />Mayor Warkentien explained that on this date he had a long conversation <br />