City Council Minutes 2014 11 03 - Laserfiche WebLink

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City Council Meeting Minutes November 3, 2014 Page 9 of 18 taking a great risk moving forward with application. He referred to the geotechnical reports, but stated he could not provide any level of confidence at this time. Council member Keany asked if there is a warranty on the improvements in the event of subsidence. Planning and Building Safety Director Russ explained it could be stipulated in the development agreement, but two years is typically the warranty on public improvements. Council member Keany asked if there was not a linear park, what would be the requirement for a sidewalk. Planning and Building Safety Director Russ stated it would either be a four foot detached sidewalk or a five foot attached sidewalk. Council member Keany inquired whether there was any way to address HFAB's concern over the City maintaining the intensive landscaping in two years. Planning and Building Safety Director Russ explained there are a number of stages; the approved PUD, the Subdivision Agreement and construction plans for public improvements. The construction plans would be approved by the Parks and Recreation and the Public Works Department. He stated there is time and opportunity to fine tune the landscape plan prior to issuing a building permit. Mayor Muckle liked the public land dedication, the interpretive park and the monument. He felt the trail is an excellent addition to the neighborhood. He did not agree this would be a private neighborhood park. He supported the public improvement and dedication. He requested a warranty before taking over possession of the park. Mr. Phillips addressed the warranty and explained the most current mitigation occurred in 1998 when the mine was grouted and backfilled. What the developer is required to do is to re- mitigate the mine shaft by re- grouting and backfilling the mine shaft. They will also recap the shaft at a lower grade so it will be covered. Council member Stolzmann inquired whether the alley will be publicly or privately maintained. Mr. Phillips explained the Home Owners Association (HOA) would maintain the alley and noted it is also an access easement for the Mayhoffer Ditch, which will be covered. The HOA will also maintain snow removal on the access easement and the sidewalks. Council member Keany supported the proposal and moving forward. Council member Lipton supported the proposal, but not the appraisal. He noted the staff report indicates if Council believes the property values have increased since the 2013 appraisal staff recommends the City Council require an updated appraisal. He supported an updated appraisal and revising the policy at a later time.