01-11-1999 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 (U9) U2417, TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD - continued Flint commented that at a meeting with the neighbors, they pointed out that the wetland on the property is being used as a dumping ground. He stated that the area, not just the building, needs attention. (UlO) #2425, SIDNEY AND BARBARA REBERS/SERVICE 800, INC., 2190 WAYZATA BOULEVARD - REVIEW SUBDIVISION APPROVAL CONDITIONS Gaffron stated that the final plat drawings are not ready and final plat approval will be postponed until the Council ’s Januar>' 11 meeting. There are two specific conditions for which additional discussion is warranted at this time; 1) the park dedication fee amount, and 2) the financial security requirement for the future service road. He recommended that the park dedication fee amount be discussed after the Council considers the next item on the agenda, the Commercial/Industrial Park Fee - Administrative Procedure. Gaffron stated that a condition of the preliminar>' and final plat approval is that the developer provide to the City an escrow or letter of credit to cover the anticipated costs of future service road development adjacent to the rear of the property. The City Engineer has estimated the cost of a 28 ’ paved road with concrete curb and gutter, storm sewer, etc. (but not trail construction) from Browm Road to Willow Drive, and prorated that cost for the 153 ’ length adjacent to Outlet E. The estimated amount attributable to this site is $51,162 and the escrow amount w^ouid be 150% or $76,743. Gaffron stated that the applicant has requested that he Council explore alternatives to encumbering $50,000-$75,0Ou for an indeterminate period of time for a road project that might only be constructed many years in the future, if ever. Jabbour stated it would be reasonable to look at other alternatives. Goetten commented that the road is less likely to be developed now that the new Highway 12 location has been determined, but there is a possibility that it will be built sometime in the future. She concurred with Jabbour. Jabbour stated it would be an undue burden on the applicant to retain a letter of credit year after year. He would like everyone to agree that if tlie road is built, they will pay their fair share and that they cannot waive their right to an assessment before an assessment has been applied. Gaffron stated that the applicant’s attorney and the City Attorney have drafted a document that comes close to waiving the applicant’s future assessment appeal rights. City Attorney Barrett said he has discussed a waiver with the applicant’s attorney. He is not comfortable with waiving the costs of the road, especially for future owners of the property. He believes there is some risk to the City that a second or third owner of the property, when the road goes in, may object that under the statute that they can ’t have this waiver effected. Pages