Agenda - Council - 04/25/2006 - Laserfiche WebLink

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5. The developer entering into a Development Agreement as part of Final Plat approval that will address the payment of Sewer and Water Trunk and Access Charges and the responsible party for the maintenance and abandonment of the community septic system. Further discussion: Mayor Gamec inquired if the Council has addressed the questions raised by the City Attorney. City Attorney Goodrich indicated the Council appears to be saying as to this particular subdivision and the next subdivision under consideration, the Council has confidence that the developer is willing to do these things, and the Council does not need to Study these issues further in relation to these applications. Councilmember Strommen clarified the understanding is that the open space requirements can be placed on the area that is not being platted. Councilmember Olson requested clarification that the development of the outlot will be based on the final cluster ordinance following the moratorium. City Attorney Goodrich replied that is correct because the area will require additional platting. Councilmember Olson stated the crux of the issue is whether the City can get open space built into the cluster ordinance. Rarnsey is in the middle of a metropolitan area that is expected to grow by one million residents over the next 30 years, and it is unreasonable to think that eventually urban services will not exist north of Trott Brook. If the City can get some permanent open space built into it the cluster ordinance they will have the best of both worlds. Councilmember Cook stated these developments incorporate the spirit of the ordinance. In addition, there will be a professional organization overseeing the septic system, which will reduce the risk to the City. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Olson, Elvig, Pearson, and Strommen. Voting No: None. Absent: Councilmember Jeffrey. Case #3: Request for Preliminary Plat Approval of Rum River Prairie; Case of National Growth, LLC Motion by Councilmember Cook, seconded by Councilmember Olson, to adopt Resolution #06- 04-I 15 approving the preliminary plat for Rum River Prairie, contingent upon the following: 1. Compliance with City Staff review letter dated February 28, 2006, revised April 5, 2006. 2. The developer obtaining a permit for community septic system construction from the Minnesota Pollution Control Agency. 3. The City approving the Articles of Incorporation and Declaration of Covenants for the Home Owner's Association at Final Plat. 4. The developer engaging the services of a professional management fm'n to manage the community septic system, with a requirement that the management firm be approved by the City. 5. The developer entering into a Development Agreement as part of Final Plat approval that will address the payment of Sewer and Water Trunk and Access Charges and the responsible party for the maintenance and abandonment of the community septic system. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Cook, Olson, Elvig, Pearson, and Strommen. Voting No: None. Absent: Councilmember Jeffrey. City Council / April 11, 2006 Page 13 of 26 -'/5-