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<br />Councilmember Olson stated she appreciates the efforts the developer and the residents have <br />made to work together on this. The developer has been very amenable to making changes as <br />they have been requested. Within the boundaries of the City's authority they have done all they <br />can. <br /> <br />Motion by Councilmember Olson, seconded by Councilmember Strommen, to approve the <br />preliminary site plan for the Hack Center, contingent upon compliance with the City Staff <br />Review Letter dated March 30, 2007, revised April 19, 2007. <br /> <br />Acting Mayor Elvig requested a friendly amendment to include a requirement that dumpster <br />pickup be restricted to standard hours. <br /> <br />Councilmember Olson added a friendly amendment to include a requirement that berming be <br />included as feasible. <br /> <br />Public Works Director Olson indicated approval should be contingent on compliance with the <br />MnDOT Staff Review Letter. <br /> <br />Councilmembers Olson and Strommen agreed to the above friendly amendments. <br /> <br />Motion on the floor: To approve the preliminary site plan for the Hack Center, contingent on the <br />following: compliance with the City Staff Review Letter dated March 30, 2007, revised April 19, <br />2007; compliance with the MnDOT Staff Review Letter, dumpster pickup to be restricted to <br />standard hours; and berming to be included as feasible. <br /> <br />Further discussion: Councilmember Dehen requested the following friendly amendment: <br />"Contingent upon Mr. Klain's assertion that Mr. Montanari will not be involved in any capacity <br />on this project other than selling the land." Councilmember Strommen pointed out that Mr. <br />Klain is on record giving that commitment. City Attorney Goodrich advised it would be <br />inappropriate to include this requirement as a condition within the ordinance. Acting Mayor <br />Elvig stated the assertion that Mr. Montanari will not be involved in the project is reflected in the <br />minutes. Councilmember Dehen stated his position is that the public should know what Mr. <br />Montanari's track record is on other projects and of his experience with Mr. Montanari. Mr. <br />Klain stated Mr. Montanari will not be involved in the project whether it is included in the <br />motion or not. Councilmember Jeffrey stated he appreciates the neighborhood stepping forward. <br />He likes the project but cannot support it based on the access from 139th Lane through the <br />residential neighborhood. <br /> <br />Motion failed. V oting Yes: Acting Mayor Elvig, Councilmembers Olson and Strommen. <br />Voting No: Councilmembers Dehen, Jeffrey, and Look. Absent: Mayor Gamec. <br /> <br />City Attorney Goodrich advised the preliminary plat could be brought forward again at a <br />subsequent meeting. Community Development Director Trudgeon requested clarification on <br />what issues the developer should address if this is brought back to the Council. He noted the <br />concern raised by Councilmember Jeffrey was regarding the access on 139th Lane. He requested <br />verification that this concern relates to the maintenance area. Councilmember Jeffrey stated he <br /> <br />City Council / April 24, 2007 <br />Page 14 of38 <br />