HomeMy WebLinkAbout1995-07-10 CC Minutes Excerpt Pa Three - Minutes 7/10/95
Public Hearin
Haase Addition - Pro ];�qsed Fi ' n ' al Plat - Ma O'Neal opened the
Public Hearin at 7.-40 p.m. In attendance representin the
Haase's were surve Bruce of and Dar Haase. of noted
that Elmer Haase would not proceed with the proposed final plat
unless the condition re the dedication of 58th Street
ri to the Cit was dropped. There was considerable
discussion of this issue.
Cit Attorne Vierlin noted that if the Cit did not re the
58th Street ri at this time, the mi have to pa for
it in the future, should it need to be ac He also noted
that the Haase land had Green Acres status, so if in the future
the Cit chose to condemn the ri and build the street..
Haase could not be assessed for the street unless he was willin
to be assessed. Ma O'Neal closed the public hearin at 8:00
p.m.
Councilmember Robert, seconded b Councilmember Swenson, moved to
g rant approval to the proposed final plat without re
dedication of the 58th Street ri but re all
other conditions on the staff report. Carried 3-2.
Councilmembers Kern and Schaaf opposed.
Pronosed Site Plan Approval ----A-pplebeels, Inc. - Ma O'Neal
opened the Public Hearin at 1 p.m. Gar Fischer was present
representin Applebeels. Mr . Fischer indicated that Apple bee's
found the conditions listed in the staff report on the site plan
acceptable except for the condition that the delete the northern
most access to their propert from Novak Avenue.
Fischer said that Applebee's felt that it needed two accesses to
its propert so that proper internal circulation could occur. He
also stated that limitin them to just one access at the southern
most location of their propert would re their customers to
drive much further to enter into the buildin Cit En
Anderlik noted that his concern was safet and that ..he wanted to
minimize street openin onto 60th Street. Cit Planner Richards
noted that the proposed north access is onl 25 feet from 60th
Street and that was not a safe distance.
Fischer said that Applebee's had tried to obtain access to the
wale art drivewa but had been unable to work out a deal with
Walmart. He said he would be satisfied droppin the proposed
northerl access on Novak Avenue if he was g ranted an access to
60th Street. Fischer said he would be willin to a to a deed
restriction on either the northerl access or the 60th Street
access and would a that it could be closed in the future if
Novak Avenue were extended or if there was other development in
the area. Councilmember Schaaf, seconded b Kern, moved to close
the public hearin Carried 5-0. fearin closed at 8:47 p.m.
P ag e F our - Minutes 7/10/95
ouncilmem er Schaaf, seconded b Councilmember Swenson, moved to
approve the proposed site pl an with the all owance that there
could be an a ccess on to both Street that would b e strictly a
right- right-out access. Further this access would be removed
at such time in the future that Novak Avenue was extended south
to another cross street or when there was further development
that accessed Novak Avenue, or w hen the police department
recommended that the access be closed due to safety concerns.
Removal of the access would be at A.pple ee' s cost and they would
b e required: to provide a bond for that future removal.. Approval
a lso subject to the remaining c in the city planner's
report with a one -year review after opening. Carried -.
Br Addi tion-- Pr Final Plat - Mayor O'Neal eal. opened the
P ublic Hearing at p.m. Present representing the Brackey
Addition were Bob B rackey, Jim McGovern, and Fritz ueppers. Bob
rackey noted that the only issue remaining was how to pay the
connection. charges. He requested that it.ey be paid only after a
piece was developed and only on the amount of acreage that was
developed. City Attorney Vierling noted that city policy was to
require that charges be paid upon rezoning. He noted that the
City has agreed to charge the connection charges for only the
enard's because the remaining outlots have not been re zoned. He
said the Development Agreement proposed that the conn.ection,
charges be required to be paid in full for any outlot if pant of
it is developed in the future.
racket' said that he would be willing to pay the connection
charges as suggested if they were frozen at present 1995 levels
vierl ng noted that it is currently planne to adjust the
connection charges yearly for inflation. and/or for increasing
costs. Councilmember Robert noted that if some hardship
developed that Brackey could always return and ask any future
city council for relief. Councilmember Schaaf seconded. by Kern.
roved to close the public hearing at 9:17 p.m.
councilmem er° Kern, seconded by S wenson roved to approve the
final plat subject to the City Attorney's final approval of the
Developer's Agreement. Carried 5-0.
Bob Drackey thanked the Council and said he would be happy to
donate any trees from the former Krueger tree farm for park
purposes. Council thanked Mr. Brackey for his offer.
�A rcon DeveloDme Autumn Ridge a ie- .,io - Proposed Final
Plat Mayor O'Neal opened the public hearing at 9:18 p.m
vierling noted that the plat had always been contingent upon
f inalization of the Brackey Final Plat and that now that had
occurred, this plat could. proceed. Robertson noted that Arcon
Development had already signed a Developer's Agreement.
council,mem er Schaaf, seconded. by Swenson moved to close the
public hearing at :o p.m, carried -,
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