Minutes - Council - 04/23/2002 - Laserfiche WebLink

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City Attorney Goodrich explained that there are hundredg of CIC communities in Anoka County and they all seem to be working. He would recommend adding into the contract language that would release the City of liability as well as giving the City the ability to enforce certain provisions and access to easements in addition to allowing the City to have veto over dissolving the association. Councilmember Hendriksen felt that there should also be language giving the City access to funds the association has already collected to operate the association. City Attorney Goodrich explained that having the ability to preclude the dissolving of the association would allow them to do those things. Councilmember Zimmerman inquired if the City can add things beyond state statute. City Attorney Goodrich replied that they can't be more strict then the statutes. Councilmember Hendriksen stated that since drainage is a difficult issue to prove benefit was the City Attorney positive the City could prove benefit and assess the homeowners. City Attorney Goodrich replied that it would have to be done under the 444 process Motion by Councilmember Kurak, seconded by Councilmember Anderson, to adopt Resolution #02-04-099 to approve the final plat for Birch Hill Lodges contingent upon compliance with the City staff review letter dated March 22, 2002 and the Developer entering into the Development Agreement with the City, executing a grading easement with Lord of Life Church and final approval by the City Attorney of the governing documents for the CIC. Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Kurak, Anderson, and Zimmerman. Voting No: Councilmember Hendriksen. Case #4: Request for Site Plan Review of Concrete Masonry Unlimited, Inc.; Case of Brett Pomerleau Community Development Director Frolik stated that the City Council reviewed and approved a site plan on October 24, 2002 for Concrete Masonry Unlimited. The applicant did not initiate construction of the proposed structure within one year of City Council approval, therefore, site plan approval has expired. The City has received another site plan application from Concrete Masonry Unlimited proposing to construct a 8,669 square foot office and warehouse facility. The area is generally located north of State Highway #10 and Boilermakers on Alpine Drive. The site is zoned B~I Business, office facilities are a permitted use. Warehousing facilities are not a permitted use in a B-1 Business district. Concrete Masonry Unlimited received a conditional use permit to establish warehousing activities in a B-1 Business district in March 1998. The proposed building includes an office area of 1,364 square feet and 7,305 square feet of warehousing space. The structure meets all B-1 Business setback requirements and is in City Council/April 23, 2002 Page 11 of 16