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Councilmember Elvig stated that the frustration level has gotten very high with all the last <br />minute decisions having to be made. He inquired if there should be a remedy placed on this <br />extension if the timeline is not met. <br /> <br />City Attorney Goodrich replied that the development agreement is well written and the remedy ~s <br />to adhere to the development agreement and require the developer to comply with the terms. He <br />recommended that the following language be added to the motion: "..and thereby negotiate an <br />amendment to the master development agreement with Ramsey Town Center." <br /> <br />Motion by Councilmember Etvig, seconded by Councilmember Pearson, to approve the <br />Developer's request for an additional 90 days to complete the park planning process within the <br />Ramsey Town Center project and thereby negotiate an amendment to the master development <br />agreement with Ramsey Town Center contingent upon the schedule outlined. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Pearson, Cook, Kurak, <br />Strommen, and Zimmerman. Voting No: None. <br /> <br />Case #13a: Ramsey Town Center Metes and Bounds Subdivision Request <br /> <br />City Attorney Goodrich stated that the City received a request from Ramsey Town Center, LLC <br />to approve a deed approving a metes and bounds subdivision of 13.2 acres of areas CC and BB <br />parcel 1. The City would typically prefer to wait until the plat is recorded, but the developer has <br />made the request and City Code does allow for a metes and bounds subdivision if a hardship is <br />shown. Staffis opposed to the metes and bounds subdivision. <br /> <br />Assistant Community Development Director Trudge0n reviewed City Code 9.50.07 pertaining to <br />the filing and recording of conveyances. He explained that staff has several objections to the <br />request. Staff is unclear as to what the hardship is because the plat needs to be recorded by <br />January 1 ~ and once the plat is recorded a metes and bounds subdivision would not be necessary. <br />Also they would be converting an outlot the Council approved to a buildable lot and the City <br />would have no safeguards for any easements or right of way. They also have the possibility of <br />that lot blocking further development of the Town Center. The other objection staff has is that <br />they received notice of the request first thing Monday morning stating that' they needed it done <br />right away and staff did not feel confident that the City could go ahead with the metes and <br />bounds subdivision and have safeguards in place. The land is covered by a master development <br />agreement and there are things that may need to be addressed as part of that development <br />agreement. Mr. Trudgeon stated that it is very difficult to get something done in 24 hours and try <br />and make a responsible decision. The precedent that is being set is that the City_ will drop <br />everything they are doing to make it convenient for some other party. Staff is willing to look at <br />legitimate emergencies or circumstances, but in this case they have been given no rationale. The <br />City has no remedy if they fail to properly plat or record the property. It is a very dangerous road <br />to take. Staff felt that they should let the natural road of events take place after the plat is <br />recorded. <br /> <br />Assistant Director of Public Works Olson stated that the line that is being created by the metes <br />and bounds subdivision is dividing the outlot and creating design and site limitations. He noted <br />that the Council will probably hear about the legal metes and bounds precedent being set with the <br /> <br />P96 <br /> <br />City Council/December 16, 2003 <br /> Page 26 of 32 <br /> <br /> <br />