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Spicer to ask developers for deposit for legal costs

SPICER -- Spicer will now be charging multi-unit residential developers a $5,000 deposit to cover city legal and engineering expenses related to those projects.

SPICER -- Spicer will now be charging multi-unit residential developers a $5,000 deposit to cover city legal and engineering expenses related to those projects.

The council approved the deposit fee Wednesday after looking at the legal costs the city has had for these types of developments, city clerk LaNae Osmond said.

In recent months, a Lake Elmo company has proposed building a 13-story condominium on state Highway 23, and another Twin Cities developer is planning to build 18 townhomes south of Green Lake. The city's legal costs for the condo project, for example, have been about $2,500, Osmond said.

Developers will pay the deposit when they apply for permits, variances or zoning changes, Osmond said. Whatever isn't used will be returned to the developer.

Related to development, the council approved 3-2 a conditional use permit and preliminary plat for the 18-townhome development planned for Lake Avenue South, called Windsong on Green Lake. The townhomes, which will be triplexes and four-plexes, will be built in phases over three years between the Northern Inn and Beach Street.

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The permit and preliminary plat were recommended for approval by the Planning and Zoning Commission, with a condition requiring a developer's agreement.

Council members Ron Schneider and Marlys Larsen voted against approval while Mayor Bill Taylor and council members Terry Holmquist and Troy Block voted for it.

Schneider raised doubts about the effectiveness of the material the developer is planning to use for driveways and walkways, Osmond said. The materials, called EcoPavers, are supposed to be a pervious surface, but Schneider was concerned about their effectiveness, Osmond said.

The council discussed what qualifies as impervious surface. Impervious surfaces cannot exceed 30 percent of the lot area in a shoreland management district, which the Windsong development is in. Windsong meets those requirements.

Larsen questioned if there was enough parking for the townhome residents and their guests, especially during the holidays, Osmond said. Each unit would have a two-car garage and the driveways would have parking for four vehicles. There are also an additional five parking spaces, Osmond said.

The driveways, however, are not long enough for two large vehicles, such as sports utility vehicles, according to an engineer's note, Osmond said.

Next, the council will need to consider approving the townhome development's final plat.

Also Wednesday, the council also held its Truth in Taxation hearing, which one person attended. The council had proposed a $631,642 levy, but discussed decreasing it so that the tax rate would drop from 69 percent to 58 percent, city administrator Kimberly Wothe said.

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The council also reviewed the 2006 budget, which was proposed at $2,484,879 with $698,200 in the general fund. The budget will be adjusted when city staff wages are figured in, Wothe said.

The council will approve the 2006 budget and levy at its Dec. 28 meeting.

The council also closed its meeting to discuss staff wages and to discuss with its attorney an appeal Faith Lutheran Church has made to its assessment for a frontage road project west of Highway 23, Osmond said. Faith Lutheran was originally assessed $84,000, but the council lowered it to $56,000.

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