Agenda - Council - 06/27/2006 - Laserfiche WebLink

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effective date wall' be Monday, May 15, 2006. AnYt~plats in the Rural Developing Area receiving preliminary plat approval'prior to May 15 are exempt from the moratorium. Mr. Trudgeon advised staff found it difficult to make a recommendation on these cases. He indicated if the Council would like to approve the preliminary plats, approval should contain the following contingencies: 1. Compliance with City Staff review letter dated February 28, 2006, revised April 5, 2006 2. The developer obtaining a permit fo~' community septic system construction fi.om the Minnesota Pollution Control Agency 3. The City approving the Articles of Incorporation and Declaration of Covenants for the Home Owner's Association at Final Plat 4. The developer engaging the services of a professional management frrm to manage the community septic system 5. The developer entering into a Development Agreement as part of Final Plat approval that will address the payment of Sewer and Water Trunk and Access Charges and the responsible party for the maintenance and abandonment of the community septic system. '. Community Development Director Trudgeon advised if the Council chooses to deny the preliminary plats, the denial should be preceded by adoption of findings of fact. In this event, staff will be prepared to present findings of fact for review and consideration at a future meeting. In this situation staff would recommend tabling the action until the findings of fact are prepared. Mayor Gamec inquired about the timetable with this application in relation to the proposed moratorium if the application were to be tabled for findings of fact. City Attorney Goodrich advised if the Council is inclined, the application could be tabled and considered after the moratorium goes into effect on May 15, 2006. The application could then either be denied based on the moratorium or tabled again based on the moratorium. With this case and the next case the City has the legal right to table the applications and allow them to be impacted by the moratorium. Mayor Gamec asked if the work that has been done up to this point for these applications ' would be eliminated if the moratorium were to go into effect, or if they would be held in limbo. City Attorney Goodrich replied the applications would be held in limbo. Community Development Director Trudgeon advised if the applications were to be tabled they would need to comply with the results of the moratorium study on the cluster ordinance. Councilmember Olson requested clariftcation that the area to the west of Armstrong Boulevard in the Rum Pdver Prairie Development would still be part of a cluster -270-