Minutes - Council - 06/11/1996 - Laserfiche WebLink

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lots meet the 2.5 acre minimum lot size and the 200 feet of frontage on a public road requirements. The plat is also in conformance with the 4 in 40 density zoning. Except for one lot, all of the lots will have access to a cul-de-sac extension of Quicksilver Street extending south off of 167th. The fourth lot will have direct access to 167th. The cul-de-sac does not exceed the 600 foot maximum length restriction. Ms. Frolik reported that a certified wetland delineation has been prepared and the final plat needs to be modified to identify the limits of the wetland areas as drainage and utility easements. The standard drainage and utility easements have been provided around the perimeter of each of the lots. There is also a pipeline easement that crosses the northeast comer of the plat. A modified grading plan has been provided to verify minimum street grades of 0.5% along the curb line and provide lowest floor elevations. City staff is recommending approval. City Attorney Goodrich called attention to the development agreement which contains the newly implemented Transportation Impact Fee. The City adopted the policy this year to collect this fee; there is concern about collecting the fee. On May 21, a Minnesota Court of Appeals determined that the City of Eagan did not have the authority to collect the fee because statutory cities do not have the attthority to collect impact fees. The City of Eagan is appealing to the Minnesota Supreme Court. At this point, the impact fee and the type of surcharge on the building permit fee are very much in question. He recommended collecting the fee but placing it in escrow until we can determine what authority we have as a Charter City to collect these fees. Motion by Councilmember Peterson and seconded by Councilmember Beahen to adopt Resolution #96-06-144 granting final plat approval to Rabbit Run contingent upon compliance with City Staff Review Letter dated June 4, 1996, and entering into a development agreement with the City and that the transportation impact fee collected be placed in an escrow account. Motion carried. Voting Yes: Mayor Hardin, Councilmembers Peterson, Beahen and Beyer. Voting No: None. Absent: Counciln~en~berZimmem-~an. Case #2: Request for Final Plat Approval of Wood Pond Hills 5th Addition; Case of WPH Properties, Inc. Zoning Administrator Frolik reported that WPH Properties, Inc. is requesting final plat approval of Wood Pond Hills 5th Addition. This fifth and final phase of Wood Pond Hills consists of 30 single fitmily urban residential lots. All lots meet the minimum area and dimension requirements. The public improvements will be installed as a private project with no financial participation on the part of tile City. As per the development ag,'eement for Wood Pond Hills, the park dedication will consist of a cash contribution in the amount of $600.00 per lot. The plat is also subject to the new Transportation Impact Fee. Motion by Councihnember Beahen and seconded by Councihnember Peterson to adopt Resolution #96-06-145 granti,~g final plat approval to Wood Pond Hills 5th Addition contingent upon compliance with the City Staff Review Letter dated June 5, 1996, and the Developer entering into a Development Agreement with tile City. Further discussion: David Segal, representing WPH, stated that they have 30 lots including one lot that is currently homesteaded (Hanus property). He requested that house not be charged the park dedication fee and the transportation impact tee so the fees would be based on 29 lots. Amendment by Councihnember Beahen and seconded by Councilmember Peterson to charge the fees on 29 lots. Amendment carried. Voting Yes: Mayor Hardin, Councilmembers Beahen, Peterson and Beyer. Voting No: None. Absent: CouncilmemberZimmerman. City Council/June 11, 1996 Page 5 of 13