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CCP 03-13-2000
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CCP 03-13-2000
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<br />.- <br /> <br />, <br /> <br />.. <br /> <br />.. <br /> <br />. <br /> <br />- <br /> <br />ARDEN HILLS CITY COUNCIL - AUGUST 9, 1999 <br /> <br />4 <br /> <br />memorandum of August 5,1999. Ms. Randall stated the following condition have not been fully <br />resolved: <br /> <br />~ <br /> <br />1. Title information. <br />2. Construction specification for street utilities must be approved. <br />3. Right-of-way from the south be required. <br /> <br />Councilmember Malone suggested that, in reference to Condition 11, the City Council might <br />wish to consider an incentive to the developer by stipulating a willingness by the City Council to <br />consider condemnation at the end of the 24 month period, were the condition not met. <br /> <br />John Miller, City Attorney representing the City for this planning case, reviewed the status of the <br />last conditions to be met for Council approval ofthe Developer's Agreement, stating the <br />appropriate process to be followed by the developer with respect to the title and easements, and <br />the need to include those revisions on the final plat, with actual indication of the County's <br />recording document number, prior to its approval by the City Council. <br /> <br />Mr. Frank Rekuski, developer representing Josephine East, LLC, expressed his concern with the <br />City requiring the l2-inch stormsewer pipe, when the I O-inch had already been installed, and <br />requested that the City waive this construction standard requirement. <br /> <br />Councilmember Malone asked for clarification as to why the pipe had already been installed. <br /> <br />, <br />\. <br /> <br />Councilmember Larson expressed his concerns regarding Councilmember Malone's suggestion <br />for an additional clause in the developer's agreement regarding initiation of condemnation <br />proceedings if the developer did not meet the 24 month stipulation. <br /> <br />Mr. Rekuski replied that the Rice Creek Watershed District had approved the 10 inch pipe, and <br />he was unaware at the time of installation, that the City had a more stringent pipe size <br />requirement. Mr. Rekuski intimated that there was a delay in response time between the City <br />Engineer, staff and the developer on plan approval. <br /> <br />Councilmember Aplikowski expressed her desire to work with the developer, but stated that the <br />Council had been more than patient and lenient with the requests ofthe developer, and she was <br />not interested in entertaining any additional waivers from City process or construction standards. <br /> <br />Councilmember Rem stated she was still wavering on the size of the pipe, and agreed with <br />Councilmember Larson's concerns regarding negotiations between property owners being <br />unduly influenced were the City to require a clause in the developer's agreement regarding <br />condemnation proceedings being initiated if the developer did not meet the 24 month stipulation. <br /> <br />Councilmember Malone clarified that his intent was not that the proposed condemnation be part <br />of the motion, only that the Council stipulate, for the public record, that discussions had taken <br />place regarding the possibility of condemnation as a possible legal option if needed, not that it <br />would be the only recourse available, but in order to motivate the developer to finalize property <br />negotiations for the required easements. <br />
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