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City Council Minutes Page 7 <br />March 12, 2001 <br /> <br />Daryl Thompson stated that the developer does have some property rights and <br />that he worked with the city for over a year to meet or exceed ordinances. Mr. <br />Thompson stated that the reason the lots backed up to Menard's was because <br />the ordinance requirements were met. Mr. Thompson stated that he did add 24' <br />of extra depth to these lots. Mr. Thompson stated that if the City did not want the <br />proposed park, he would be willing to pay the park dedication fees. Mr. <br />Thompson stated that he submitted a memo to Council regarding a study that <br />indicated there is no conclusive evidence of harm being caused by power lines. <br /> <br />Councilmember Tveite stated that he voted against the plat originally because <br />the lots along Menards did not meet the 50' no-cut buffer. He felt that if the <br />developer were to put a 185' depth to these lots, he could pass this preliminary <br />plat design with that added condition. Councilmember Tveite stated that <br />government should not impose on property owner's rights as long as the owner <br />met the ordinance requirements. <br /> <br />Councilmember Kuester stated that the residents currently in Hillside couldn't <br />bring unified issues to the Council. She felt that everyone had different issues and <br />she couldn't help them unless they could come up with a unified plan. <br />Councilmember Kuester stated that she felt that the Council listened to the <br />Hillside residents. Councilmember Kuester stated that the sidewalks are a good <br />idea, however some residents wanted this and some didn't. <br /> <br />Councilmember Motin stated that there weren't enough changes to the <br />preliminary plat for him to change his mind. Councilmember Motin felt that <br />developers should not be allowed to have as many phases to a project because <br />there end up being too many changes from the original concept plan. <br />Counciimember Motin felt that the issues of traffic, park location, and retaining <br />walls have not been addressed. Councilmember Motin stated that the memo <br />submitted by Mr. Thompson, which was received from Leo Offerman, Connexus <br />Energy, looked favorable but after he did further research regarding the study <br />mentioned in the memo he learned that the study was basically inconclusive. <br />Councilmember Motin reviewed some of the information he found on the Internet <br />regarding the study. <br /> <br />Mayor Klinzing stated that she is opposed to this plat because it does not meet <br />the original R 1 e zoning requirements. She felt the developer has an opportunity to <br />create something better. Mayor Klinzing stated that a better park location could <br />have been chosen. She is opposed to the narrowness of Dodge Street and the <br />front set backs of the lots. <br /> <br />MAYOR KLINZING MOVED TO APPROVE RESOLUTION 01- 05 A RESOLUTION DENYING <br />PRELIMINARY PLAT REQUEST P 00-18, HILLSIDE ESTATES 8TM ADDITION, AND <br />ESTABLISHING FINDINGS OF FACT THEREFOR. COUNCILMEMBER MOTIN SECONDED <br />THE MOTION. THE MOTION FAILED 2-3. COUNCILMEMBERS DIETZ, KUESTER AND <br />TVEITE OPPOSED. <br /> <br />COUNClLMEMBER TVEITE MOVED TO APPROVE THE AMENDED PRELIMINARY PLAT <br />(THEREBY RESCINDING RESOLUTION 01-05 DENYING THE PRELIMINARY PLAT) FOR <br />HILLSIDE ESTATES 8TM ADDITION WITH THE FOLLOWING CONDITIONS ADDED: <br /> <br /> <br />