CC_Minutes_2012_0709 - Laserfiche WebLink

Home

Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 09, 2012 Page 13 ever, recognizing those two pending litigation issues, City Attorney Gaughan noted that their recommended conditions (#9 and#10) would serve as further protection for the City with the project's proposer having those conditions addressed per State Code and Environmental Review. However, City Attorney Gaughan reiterated that it was not the perception of the City Attorney's Office that it comes into play regarding the Preliminary Plat, and thus their office did not recommend denial as proposed in the Lightfoot let- ter. Councilmember McGehee opined that, in her review of the case law cited by the City Attorney's Office in their original legal opinion, she had yet to find any- thing that served to satisfy her of that position on the Preliminary Plat and what could or could not be considered. Councilmember McGehee further opined that this created a difference between what the City Attorney's Office proposed, and what she had found in her research of materials in State Statute, case law, and the League of Minnesota Cities (LMC) Handbook. City Attorney Gaughan apologized that the City Attorney Office's efforts had not satisfied Councilmember McGehee; however, noting the attempts made to address those issues raised in past correspondence and the City Attorney Of- fice's rationale in reaching their conclusions for the City Council as a whole, he advised that they stood by those conclusions. Willmus moved, Johnson seconded, approval of the proposed Twin Lakes Se- cond Addition PRELIMINARY PLAT, pursuant to Title 11 of Roseville City Code, for the land area bounded by County Road C, Cleveland Avenue, Twin Lakes Parkway, and Prior Avenue, including the 4,643 square foot rectangle of land that is the subject of the disposal request; based on the comments and find- ings of Sections 4-6, and the recommendation of Section 7, of the Request for Council Action dated July 9, 2012; amended to include the ten (10) conditions provided by the City Attorney Memorandum dated July 9, 2012 and restated as follows: 1) Wal-Mart Real Estate Business Trust shall enter into a Development Agreement pertaining to the Plat which is satisfactory to the City. 2) Wal-Mart Real Estate Business Trust shall acquire fee simple title to all of the real property included in the Plat and provide proof that there are no liens, encumbrances or other parties having an interest in the Property at the time the Development Agreement and Plat are rec- orded; or make other arrangements which are satisfactory to the City to assure that title to the property is satisfactory to the City. 3) Wal-Mart Real Estate Business Trust shall either dedicate on the Plat or otherwise convey all roadway, utility, drainage, and other easements required by the City.