Minutes - Council - 11/26/2002 - Laserfiche WebLink

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Councilmember Zimmerman requested that the EnVironmental Policy .Task Force look at the issue. Councilmember .Kurak inquired if they were recommending the Environmental Policy TaSk Force review this case or look at the overall issue. Mayor Gamec recommended that they look at the.issue fOr the future. Councilmember Hendriksen stated that they went from the concept of having.true transition to a screening ordinance and then from a screening ordinance to accepting existing vegetation. There is nothing to protect that the existing vegetation will stay there as part of the buffer, In this case, he thinks the difference in density is minor, but quite frankly, they could have single family lots adjoining apartments which would be very significant. Motion by Councilmember Kurak, seconded by Mayor Gamec, to adopt Resolution #02-11-300 to approve the preliminary plat for Highlands at River Park 4th Addition subject to compliance with City Staff Review letter dated NoVember 1, 2002, revised Nogember 22, 2002. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Kurak, Anderson, Hendriksen, and Zimmerman. Voting No: None. Case #5: Request for Final Plat Approval for Meadow Pointe Subdivision: Case of Allstate Development and Evelyn Deboer Principal Planner Trudgeon stated that an issue had been raised to City staff regarding contractual arrangements between the property owners and the developer. Staff has heard conflicting information from each of the parties and at this point staff is relating to Meadow Pointe .subdivision unable to make the determination as tO who is right or who is wrong. He stated that if there was some uncertainty by the Council on approving a plat without certainty of contractual obligations, then the Council could choose to table action or approve the final plat contingent upon review of the contractual agreement by the City Attorney. City Attorney Goodrich explained that City Code states that a 'subdivider shall have sufficient propriety interest in the land. The question before the Council is, does the Council have any concern with the information that has been provided to them and how do they want to proceed. The City would be protected by continuing action until the information is resolved or passing the plat contingent upon marketable title being showed to the City proving the developer is the fee title owner. Councilmember Hendriksen stated that the City ran into a similar situation earlier in the year where a developer was a requesting a Comprehensive Plan change on property the developer had no legal interest in, which is why the actual property owner has to be involved fi'om the beginning. City Council/November 26, 2002 Page 12 of 23