Resolution - #06-05-147 - 05/09/2006

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6. That Erkium Street N.W is the single access to the Plat AND the 34 rural subdivision platted residential lots located immediately east of the Plat. 7. That the City's Fire Chief testified at the Planning Commission meeting on March 2, 2006 that the addition of 16 new lots using the single access provided by Erkium Street creates increased public safety issues in that 50 residential properties would then be served by a single public access. That the 50 homes represent a considerable number of people who could be potentially isolated from emergency services in case of a storm or other event which could block the use of Erkium Street. The city finds this is an adverse public safety concern. 8. That the City finds that the public's health, safety and welfare of its residents requires more than one access to serve the Plat and its adjacent residential 34 lot neighborhood. 9. That the extension of 177th Avenue to Highway 47, to alleviate the single access issue, will not be constructed prior to the City Council taking action on the Plat. 10. That City Code requires cluster developments to locate new lots in such a manner as to provide density transitioning buffering and/or locations in a manner designed to minimize the impact of higher density neighborhoods in relation to less dense neighborhoods. That the Plat is a relatively higher density use of land than the adjacent existing rural lot subdivision and therefore the Plat is in conflict with this transitioning requirement. 11. That the density transitioning requirements cannot be met as required by City Code because of a pre-existing power company easement which encumbers six of the 16 lots in the Plat. The pre-existing power company easement grants the easement grantee (the power company) the right to remove any vegetation which may interfere with its easement rights. This right thus jeopardizes permanent density transitioning methods. 12. The tree plan/landscaping will not afford the necessary density transitioning, and additional methods of transitioning by plat redesign are necessary to accomplish the ordinance requirements. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Gamec, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamec Councilmember Olson Councilmember Cook Councilmember Elvig Councilmember Jeffrey Councilmember Pearson Councilmember Strommen and the following voted against the same: None RESOLUTION #06-05-147 Page 2 of3