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Councilmember Hendriksen stated that one of the issues discussed was the creation of Outlot A <br />and the possibility of a road across the adjoining parcel. <br /> <br />City Attorney Goodrich stated that if the developer is going to re-plat the parcel to include the <br />Rademacher property then the Council should hold off on granting site plan approval until that <br />plat is brought back unless the Council is comfortable that staff understands their direction. <br /> <br />Councilmember Hendriksen inquired if the private road is built to City standards. <br /> <br />Mr. Slettner replied yes. <br /> <br />Councilmember Zimmerman inquired as to how the Charter Amendement would affect the <br />development. <br /> <br />City Attorney Goodrich stated that Charter Amendment 14.2. was adopted in 1997, during a <br />special election. Since that date the City has received a legal opinion that that type of action is <br />pre-empted by MN Land Plam~ing Act and, therefore, the Charter Amendment is not effective. <br />He explained that the Council could chose to find that the Charter Amendment is not effective <br />based on the legal opinion of Kennedy & Graven dated April 15, 1998. <br /> <br />Mayor Gamec inquired if the City Attorney was in agreement with the legal opinion. <br /> <br />City Attorney Goodrich replied yes. <br /> <br />Councihnember Hendriksen suggested that law firms will, within certain limitations, provide an <br />opinion a client is requesting. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Anderson, to accept the legal opinion of <br />Kennedy & Graven dated April 15, 1998 regarding Charter Amendment 14.2. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, and Kurak. Voting <br />No: Councihnembers Hendriksen and Zimmerman. <br /> <br />Jason & Tanya Saunters, Barium Street NW, Ramsey, stated that the neighborhood is in general <br />support of the development and thinks it would be an asset to the neighborhood. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Anderson, to adopt Resolution #01-02- <br />139 granting preliminary plat and site plan approval of Orchard Hills contingent upon <br />compliance with tile Preliminary Plat Review letter dated December 1, 2000 and the Site Plan <br />Review letter dated January 3, 2001 and incorporating the Rademacher property, requiring all of <br />the right-of-access of the Rademacher property from the Outlot A to the north be dedicated to the <br />City and the private street be dedicated to the City for the future expansion of Cobalt Street. <br /> <br />City Council/February 13, 2001 <br /> Page 26 of 28 <br /> <br /> <br />