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Heitke's tie-breakers OK Westwind plat, street work

WILLMAR -- The final plat for the controversial Westwind Estates Third Addition affordable housing project and an agreement allowing construction of Westwind streets and utilities were approved at the Willmar City Council meeting Monday night.

WILLMAR -- The final plat for the controversial Westwind Estates Third Addition affordable housing project and an agreement allowing construction of Westwind streets and utilities were approved at the Willmar City Council meeting Monday night.

The vote on the final plat was 4-4 and the vote on the street construction agreement was 4-4, with Mayor Les Heitke casting tie-breaking votes in favor of the plat and the street construction agreement.

Voting in favor both times were Steve Gardner, Doug Reese, Bruce DeBlieck and Denis Anderson. Voting against both times were Ron Christianson, Rick Fagerlie, Cindy Swenson and Jim Dokken.

Westwind was revised from a lease-to-own twin-home project to a strictly rental twin-home and singe-family home project. The revised plat is similar to the original plat, but removes the lot lines down the center of the twin homes. The original project had received a conditional use permit from the Planning Commission to establish the center lot lines, which allowed the twin homes to be sold. But the permit was denied by the Zoning Board of Appeals.

The developer, Southwest Minnesota Housing Partnership of Slayton, threatened to sue the city over the permit denial, but proposed the rental project to settle the threat.

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Owners of single-family homes near Westwind and other citizens say the project is not compatible with neighborhood development.

During the open forum, five citizens including Don Williamson asked the council to table and reconsider the plat. He said Westwind would be an R-2 island (referring to zoning that allows twin homes) in an R-1 area of single-family homes.

He said no one except the developer will win if the plat is approved.

"Don't let the tactics of an out-of-town company overshadow your decision,'' he said. "Don't be overly influenced by the threat of a lawsuit. Work something out, achieve a more peaceful solution, agree on what Willmar needs,'' he said.

Bruce Peterson, director of planning and development services, said the 20-lot plat located in southwest Willmar complied with all city subdivision regulations. The final plat was approved by the Planning Commission May 14.

DeBlieck said Willmar needs affordable housing and noted the project's subdivision compliance.

Christianson said he did not support the plat for three reasons.

First, he wanted to see the city's comprehensive land use plan. "I don't know the last time it was updated,'' he said. He suggested the Planning Commission and council members take a bus tour of Willmar and possibly rezone open land to R-1 if the council wants it that way.

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Second, Christianson believes the conditional use permit application is flawed and does not provide enough information to allow the Planning Commission and council to make informed decisions.

Third, he said Southwest has received investor tax credits to finance the project, and he said Southwest and the Minnesota Housing Finance Agency will be sued by an investment company if Southwest does not build Westwind by October 2009.

"That is what is driving this project,'' he said.

Also, Christianson asked why some wording appeared to be missing from a paragraph in the street construction agreement, and he questioned the 8 percent fee being charged by the city for engineering, design and construction of the $872,908 improvements.

City Administrator Michael Schmit said the city reduced the fee from the normal 15 percent because Southwest has essentially completed the design, which reduces the city's cost.

During a five-minute break, Schmit said Public Works Director Mel Odens will review and approve the plans and specifications, "and our involvement is to oversee the construction and inspection.''

He said similar agreements were made for Water View Business Park and for a Chad Monson project on U.S. Highway 12 East.

Also during the break, Williamson said he thinks the council's decision will continue to divide the city.

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"I think that there are citizens that deserve some rights. But there are also landowners and citizens of Willmar that deserve to have their concerns heard. I think this vote will be seen largely by many of our residents as neglecting some of their concerns,'' he said.

"I think the request tonight was very clear. We're not saying you should shun Southwest Minnesota Housing Partnership. We're saying there are probably positions and remedies that will be more respected and more accepted by our community and by them.''

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