Agenda - Council - 07/10/2018 - Laserfiche WebLink

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has acted within the provisions of the City Code and can move forward with the Preliminary Plat as proposed. He summarized the discussion from the worksession tonight where the consensus of the Council was to require the extension but allow the two parties (AKM Farms and Capstone) to negotiate the details of the extension and loss of lot(s) to Capstone because of the utility extension. Councilmember Riley stated that the Council discussed this item at worksession and part of the suggested action is to include utility access as that would be a good planning practice. He stated that element was not required earlier. Community Development Director Gladhill stated that it comes down to working with the property owner of Outlot C at the time of the original Preliminary Plat for the Capstone development. He provided background information on previous request from Northfork Inc., the previous property owner of Outlot C, noting that the property owner first lobbied for including Outlot C in the MUSA but then in 2008 stated that they did not want the property included in the MUSA. He stated that the City reached out to Northfork Inc. to gather input on whether they would desire a utility extension and on density transitioning prior to the Preliminary Plat approval for the Capstone project and there were no objections. He noted that since that time ownership of Outlot C has changed, and the desires of the new property owner are different. Councilmember Kuzma stated that it would make sense to extend the utilities and Capstone appears to be willing to work with that, if that is the City's desire. He stated that AKM Farms would like the extension, but the benefit will to be AKM to have that extension. He stated that AKM can still develop their property with septic and wells and therefore if the utilities are not provided, the property can still develop. He stated that he would prefer to have the developers work together to try to reach an agreement. Councilmember Shryock stated that there has been question to having two developers work together and asked the type of agreement that the City would expect the developers to come to. She asked whether the City should decide whether or not it wants the utility extension. Community Development Director Gladhill noted that in order to make space for the utility extension, there would be a loss of lots from the approved Preliminary Plat for Capstone and therefore their objection would be compensation for the loss of lots. He noted that Capstone would be willing to forego the revenue from the home construction that would be lost but would want compensation for the loss of lots. He stated that the City would pay for the extension of the utility in terms of infrastructure using the trunk fund, but the discussion between the developers would need to occur in terms of the loss of value for the land itself. Acting Mayor LeTourneau stated that it was the consensus of the Council that staff could facilitate discussion between the two developers but that would be the limited role of the City in that discussion. He thanked the members from Capstone and AKM Farms that attended the worksession to further discuss the issue earlier tonight. Councilmember Shryock noted that the Council also discussed the issue of density transitioning during the worksession. She explained that density transition applies to existing residents and City Council / June 26, 2018 Page 6 of 13