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City Attorney Goodrich noted in defense of the time taken by the WMO, they are not able to <br />delineate in the winter. He advised the following contingency should be added to the resolution: <br /> <br />5) The City having acquired the right-of-way for Potassium Street and the construction <br />of Potassium Street. <br /> <br />Councilmember Strommen stated there are a number of issues with this plat, one of which is the <br />cul-de-sac length. There should not be additional long cul-de-sacs added when the Council has <br />held a work session to work towards eliminating long cul-de-sacs in the City. She noted there <br />was a plat that was just denied with a long cul-de-sac. She realizes this is a more rural setting, <br />but it is not consistent to approve this cul-de-sac. <br /> <br />Mayor Gamec noted the Council has authorized first right of refusal in this area. The only <br />reason he is in agreement of this plat, which includes the long cul-de-sac, is due to the original <br />intent to the owner of this land. <br /> <br />City Attorney Goodrich indicated this has been discussed by staff and the Fire Chief; one <br />distinction is that with this development there are fire hydrants in the area. <br /> <br />Councilmember Jeffrey noted this situation is different because it would not require water to be <br />taken to the end of the cul-de-sac. He stressed the need to work on the first right of refusal to <br />provide the second access. <br /> <br />Councilmember Elvig concurred with the importance of the first right of refusal. <br /> <br />Community Development Director Trudgeon noted the contingencies included in the resolution <br />include a development agreement being signed. <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Jeffrey, to adopt Resolution #06- <br />05-166 to approve the £mal plat and final site plan of Rum River Estates subject to the following <br />conditions: <br /> 1) Compliance with City StaffReview Letter dated May 19, 2006 <br /> <br />2) The City and the Developer entering into a Development Agreement <br />3) Approval of the Shadetree Creek final plat <br />4) Construction of Potassium Street as part of the Shadetree Creek plat, with the developer <br /> of Rum River Meadows paying 25% of the cost and acquisition of Potassium Street. <br />5) The City having acquired the right-of-way for Potassium Street and the construction of <br /> Potassium Street. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Jeffrey, Olson, and <br />Pearson Voting No: Councilmembers Elvig and Strommen. <br /> <br />Case #2: <br /> <br />Request for Rezone Property from R-1 Single Family Residential to Planned <br />Unit Development; Case of National Growth <br /> <br />Community Development Director Trudgeon indicated on July 26, 2005, the Council adopted <br />findings of fact supporting the rezoning of the property proposed to be developed as Rum River <br />Meadows from R-1 Residential to Planned Unit Development (PUD). The PUD will allow for a <br />net density of 3.3 units per acre, smaller setbacks between buildings than required by Code, the <br />City Council / May 23, 2006 <br /> Page 6 of 20 <br /> <br /> <br />