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to speak. He was told the Comp Plan couldn't be changed after an active project was started. That <br /> was the first question residents asked who were opposed to this development. He questioned why <br /> he was told that and what was happening tonight. He felt it was being done to make a developer <br /> happy. Mr. Johnson asked if the Comp Plan was only changed when a developer asked for it. It <br /> sounded like the developer or the residents could sue. City Attorney Knaak replied it is true that <br /> if someone comes in and makes an application and is accepted,the Comprehensive Plan and zoning <br /> laws in affect at the time of the application can't be changed in a way that is detrimental or illegal <br /> to the proposal. What sometimes happens is the Council can modify it but not in a way that it <br /> makes it impossible for a proposal to go forward, that is the key. If in the process of reviewing a <br /> proposal, it is in the best interest of the City to modify the Comp Plan or the zoning code where <br /> that kind of negotiation is invited but are not required to and are under no obligation to the <br /> developer to change it. Councilmember Howell thanked City Attorney Knaak for the clarification. <br /> City Attorney Knaak replied it is at the Council's discretion. <br /> Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Woestehoff,Riley, Heineman, and <br /> Specht. Voting No: Councilmembers Howell and Musgrove. <br /> 7.03: Adopt Resolution #22-044 Approving Final Plat and Development Agreement for <br /> Lynwood Addition (Project No. 21-122); Case of U.S. Home Corporation DBA <br /> Lennar <br /> Deputy City Administrator/Community Dev. Director Hagen reviewed the staff report and <br /> recommendation to approve the final plat and agreement for Lynwood Addition for 74 attached <br /> townhome units with construction of two access points to Armstrong Blvd. <br /> Councilmember Woestehoff asked if there is a timeline between phase one and phase two. <br /> Deputy City Administrator/Community Dev. Hagen replied he didn't know. <br /> Councilmember Woestehoff stated his concern is that according to the final plat, Ferret Street <br /> would end in a hard stop because it will eventually be extended but asked if there would be <br /> feedback from Public Works that it should be a cul-de-sac if the project takes time. <br /> Deputy City Administrator/Community Dev. Hagen replied it appears a loop would be created in <br /> Ferret Street. He didn't think a cul-de-sac would be needed. <br /> Councilmember Woestehoff replied if phase one was this coming year and phase two isn't for <br /> three years,then he was concerned with Ferret Street not being a cul-de-sac for that period of time. <br /> He referenced the map and the cul-de-sacs and private streets and asked if the City would be <br /> responsible to plow or if they are under the townhomes responsibility. <br /> Deputy City Administrator/Community Dev. Hagen replied there are private streets in this <br /> development so snow removal and maintenance would be the responsibility of the home owner's <br /> association. <br /> City Council/February 22, 2022 <br /> Page 15 of 34 <br />