Minutes - Council - 06/13/2006 - Laserfiche WebLink

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Councilmember Elvig indicated he agrees with Councilmember Cook that the building of the single unit is a separate issue from the final plat. Motion by Councilmember Cook, seconded by Councilmember Olson, to adopt Resolution #06- 179 to approve the final plat and final site plan of Shadetree Cottages subject to the following conditions: I. Compliance with City Staff Review Letter dated June 9, 2006 2. Compliance with Engineer's Memo dated June 9, 2006 3. The City and the Developer entering into a Development Agreement 4. Final acquisition of Potassium Street 5. Enter into agreement for the cost sharing between the City and developers Further discussion: David Mott 14525 Nowthen Blvd NW, stated regarding staffs statement that the extension of the Quicksilver Circle is not required because the deadline was not met for the agreement to convey the right-of-way, the WMO did not have a decision, so the property owners could not finalize this issue; they kept waiting for the WMO to make a decision. To throw that whole thing out is very unreasonable. Councilmember Cook stated the contingency of the road going out on Quicksilver had nothing to do with the WMO; it had to do with the property owners of the land giving up right-of-way without going through eminent domain. The property owners had every opportunity to give the City right-of-way for the road; it had nothing to do with the wetland or the WMO. The property owners chose not to give the City the right-of- way, but to try to go through the WMO and move the road so they would have to give less property to the City. In doing that, they did not fulfill their part of the obligation to turn over land for the road by the due date. Mr. Mott stated the property owners asked Mr. Norman in writing to give clarification on where the road would be put; he gave them a map that was unreasonable and they went back into discussion, and needed to go back through the WMO for approval. The second thing was that on June 15' 2005, the Council directed staff to begin working on the cost to upgrade old CR 5, and he was told by Jodi Reuhle, who was representing the City, at a meeting on May 30 that she had been told by Mr. Norman that the City had no plans to upgrade old CR 5, and that it probably would not happen for five to six years. He stated if the Council approves this plat there will be several hundred cars per day going down CR 5, which will be a serious problem. If the Council approves this plat he would like them to direct staff to upgrade old CR 5. Mayor Gamec explained there are not currently funds available to upgrade old CR 5; it could be done if the property owners were to be assessed. Councilmember Elvig noted Mr. Mott would like to at least have staff look at the possibilities. Councilmember Cook stated the City is looking at first right of refusal to do a realignment on the access onto CR 5, but that is not a process that will happen tomorrow. Councilmember Jeffrey asked if there would be any benefit to looking at old CR 5 earlier than 2008 when it is planned. Public Works Director Olson explained old CR 5 is currently in the CIP for 2008 and is projected to be at a cost of about $300,000. If it is a priority the Council wants to address when the CIP is discussed it could be moved up as early as next year. Mayor Gamec commented there is quite a bit legally that needs to be done, which will take time. He agrees they should continue working on this; they will likely need to deal with the County regarding the accesses on this road as well. Councilmember Elvig stated he had some struggles with this project and this road. He has worked closely with some of the residents, and Mr. Mott brings up a couple of points. It was challenging to try to understand what was being offered from the City to these residents; there City Council! June 13,2006 Page 17 of26