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City Attorney Goodrich replied that it would be legal if the developer chose to do that, but the <br />Court order allows the developer to have lots of a minimum of 10,800 square feet. <br /> <br />Councilmember Anderson stated that she preferred Option B being that there are five cul-de-sacs <br />and five through streets. She did not think a neighborhood should be "walled off". As a resident <br />of the existing neighborhood she has some concern that in the future they will be unable to get <br />out onto T.H. #47 because of the increase of traffic so it is very likely that the existing <br />neighborhood will need to get access to 153rd Avenue. The proposed through streets to the north <br />were designed as through streets years ago and should stay that way. The property has been <br />placed inside the MUSA area and she does not know of many developers who would want to <br />develop one acre lots. The proposed density of the development is 2.1 units per acre. It seemed <br />to her that Centex has tried to make some accommodation to the east and west of the <br />development so that it will be a minimum impact on the existing homeowners. She hoped that <br />Centex would salvage as many trees by moving them to the perimeter edges where existing <br />neighbors are more heavily impacted. <br /> <br />Councilmember Hendriksen inquired as tO what the Mayor was going to do about density <br />transitioning. <br /> <br />Mayor Gamec replied that he is unable to do anything in this case because of a Court order, but <br />he is willing to continue working on a density transition ordinance. <br /> <br />Councilmember Hendriksen responded that what the City is saying is that if a developer chooses <br />to sue the City the Council would be prohibited from discussing density transitioning. He <br />suggested that the Council get a density transition ordinance in place that is meaningful. <br /> <br />City Engineer Olson stated that a question was brought forward regarding the sewer and water <br />trunk fees including the storm sewer projects. After some research he did find out that due to the <br />nature of the preliminary plat they have not completely come up with the sewer and water <br />extensions costs. Roughly there will be $210,000 in costs that would be attributable to the <br />developer off-site. <br /> <br />Councilmember Hendriksen stated that an easy explanation is that the plat does not call out the <br />amount of storm storage that does not have an outlet to the Rum River. If they are to provide an <br />outlet to the Rum River there is about $130,000 in cost that they do not have a funding source <br />for. <br /> <br />City Engineer Olson reviewed the drainage plan of the site, which includes an overflow for the <br />interior development. The $130,000 is for the positive overflow, but there is also a benefit to the <br />City because of the park and low land. At this time, staff did not have the particulars of where <br />the money would be coming from, but in other developments in the City the issue was handled in <br />detail in the development agreement and any additional costs were born by the developer. <br /> <br />City Council/September 11, 2001 <br /> Page 10 of 23 <br /> <br /> <br />