Agenda - Council - 02/28/2006 - Laserfiche WebLink

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developed as housing if the City does not proceed with the land swap. The developer has indicated they are runrfing on a clock with a purchase agreement set for December 12, 2005. Councilmember Elvig stated this is a good design and there is plenty of ground to manipulate a building in the future. He asked if there is any merit in the thought of the plat being passed contingent on the City Charter process, with lots 5, 6, 7, 20 and 21, or all of the lots that touch the City property held out until some of the questions are answered in relation to space, size and quantity. Councilmember Strommen asked how many lots would be affected in relation to Coancilmember Elvig's concerns. Ms. Frolik replied virtually all of the lots would be affected. City Attorney Goodrich advised the preliminary plat could be passed contingent on compliance with City Charter Section 12.5. The developer needs to be aware that in the remote chance that a petition is submitted against this they will not be able to swap that land and will not receive preliminary plat approval. City Administrator Norman advised this would be staff's recommendation. Motion by Councilmember Cook, seconded by Councilmember Elvig, to approve the preliminary plat and site plan for The Meadow contingent upon compliance with the City Staff Review Letter dated October 28, 2005, revised November 17, 2005, and contingent upon compliance with City Charter Section 12.5, and contingent upon sidewalks being included on both sides of Helium Street and the new east/west street tl~rough the plat. Sidewalks should also be included in Brandseth, with the City paying for this segment of sidewalks. Further discussion: City Attorney Goodrich advised according to this motion the applicant will receive preliminary plat approval if a petition is not received. City Administrator Norman indicated this land will be developed whether or not the City holds the land. Staff's suggestion is to proceed with the land swap, as the land is selling for development. Councilmember Elvig inquired how it can be ensured that Mr. Fischer will not apply to develop apartment buildings in this area, which could be viewed as a better use than waiting for a school. City Administrator Norman replied the land is not zoned for apartments. He advised the Council should likely begin discussing the larger area in the next Comprehensive Plan discussion. Community Development Director Trudgeon indicated if the Council is struggling with the idea of removing lots from the plat, the five lots that were discussed only equal about 1 ~/2 acres. Councilmember Elvig stated he has great concerns, but it is a matter of managing the concerns. It is a bold step to hold ground for future sites that they are not certain will happen. However, providing land for a school is one of the Council's goals. Homework needs to be done to be certain that this is driven properly, and in the long term the City needs to stick with the goal and work with the school district to make this happen. Councilmember Elvig called for the vote. City Council / November 22, 2005 Page 16 of 23 -150-