2004.07.19 CC Minutes - Laserfiche WebLink

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City Council meeting of July 19, 2004 Page 4 of a 100 -foot high wind -powered generator. The generator consists of an 80 -foot high metal lattice tower, a 4 -foot alternator, and 3 blades, each measuring 15 feet long. The structure is located near the center of a 21.5 acre tract of land, and will be approximately 350 feet from adjacent property. The Planning Commission considered this application at a public hearing and heard from one neighboring property owner, who had concerns about the appearance of the structure. The Commission concluded that the structure complied with the requirements outlined in the Land Use Regulations, and unanimously recommended approval of the application with the understanding that the structure will be painted gray. Council member Becky Petryk questioned whether the blades could be painted somehow to prevent birds from flying into them. Council also discussed a monopole versus the lattice pole. Because the applicant was not present to answer Council questions: Granger made motion, Puleo seconded, to table this issue until the meeting of August 2, 2004. All aye. Motion Carried. APPROVE PRELIMINARY PLAT AND PUD FOR VICTOR GARDENS 5TH ADDITION POA -Scherer LLC requested approval of a preliminary plat and PUD amendment for 36 single family homes and 5 outlots in Victor Gardens 5th Addition. The Planning Commission reviewed this item at their July 8th meeting and voted unanimously to recommend approval of the request. Council member Frank Puleo questioned whether this amendment created lesser density than the previous approval if this plat affected the sewer capacity issue. Jason McCarty of Westwood Engineering stated hat the unit count would remain the same and sewer capacity would be a consideration at the time of final plat. Puleo made motion, Haas seconded, to adopt RESOLUTION 2004-53 APPROVING A PUD AMENDMENT FOR VICTOR GARDENS 5TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Puleo made motion, Granger seconded, to adopt RESOLUTION 2004-54 APPROVING THE PRELIMINARY PLAT FOR VICTOR GARDENS 5TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE EXTENSION OF PURCHASE AGREEMENT FOR RINK -TEC The City Council approved a purchase agreement with a company called Rink -Tec in July of 2003 for Lot 3, Block 1 of Bald Eagle Industrial Park. Rink -Tec had proposed the construction of a 5,900 square - foot building. The agreement included a contingency requiring the buyer to commence construction no later than May 30, 2004. Construction has not occurred on the site; therefore, the buyer has defaulted on the contract. The buyer has requested an extension to allow an additional year to begin construction. Staff drafted an Escrow Agreement, which would act as an amendment to the original purchase agreement. The Escrow Agreement requires an additional payment from the buyer in the amount of $4,563 to offset the loss in property tax increment that the City has not captured, since the building was