Minutes - Council - 03/28/2006 - Laserfiche WebLink

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Mr. Strandlund stated Shade Tree does not want to extend the timeline and be included in the moratorium. They do not want to take legal action; they want to keep working with the City. Councilmember Elvig stated this is not a game the Council is playing; it has very significant issues in a neighborhood. The Council has tried to work to put an ordinance together that made sense, and he thinks the foundation of that ordinance is there. The problem they have nm into is the deficiencies of the ordinance. There are several things the Council wants to get back to, and add more language to the ordinance. A lot of sketches came in quickly and they were not able to do that. He is disappointed the ordinance was passed the way it is without more language included in the ordinance. People have showed them different anomalies in the area. He thinks they have the right tool, but he does not think it has been honed properly to make it work. He sees this as a problem project, and from that standpoint would not want to see this move forward until there is an opportunity to put some better language in the ordinance. Mr. Strandlund stated Shade Tree had the first cluster project that was brought forward. Councilmember Strommen explained this ordinance was created in the abstract with a goal in mind, and once the Council saw how it plays out on the ground they realized things that could be included in the ordinance that were not. They are leaming and some mistakes may have been made. They need to be certain in the future they have the tool working correctly. Mr. Strandlund stated Shade Tree has been working with the Council. They could move forward with a shorter cul-de-sac. Councilmember Elvig called for the vote. Further discussion: Mayor Gamec asked if the developer will be allowed to come back for preliminary plat before the end of the month. City Attorney Goodrich replied there is a provision in the ordinance that allows the Council to determine the developer does not need to go back to step one in the process. Ms. Wald stated Shade Tree can make this plat work within the ordinance. City Attomey Goodrich suggested the meeting be recessed in order to verify that there is a provision in the ordinance to allow a shortcut in the procedure, rather than requiring the applicant to return to step one in the process. The meeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m. Further discussion: City Attorney Goodrich stated he has reviewed the ordinance, and if the Council were to deny this plat, there is not language included in the zoning ordinance that would allow a shortcut process. The applicant would need to reapply for preliminary plat. Councilmember Elvig inquired about the preliminary plat cost. Ass't Community Development Dir/HRA Executive Dir. Frolik replied there is a non-refundable $300 application fee and $1,000 is required to go into escrow. Staff time is charged against the escrow, and when those funds are depleted the developer must replace them. Councilmember Pearson requested verification that the applicant would be required to go back to square one if this plat is denied. City Attomey Goodrich responded in the affirmative. He explained if the plat is not denied, a moratorium would not be effective on this plat due to the timing issues. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Jeffrey, Olson, and Strommen. Voting No: Councilmembers Cook and Pearson. City Council / March 28, 2006 Page 19 of 31