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COUNCIL MINUTES FEBRUARY 24, 2003 <br />APROVED <br />1 1. The proposed private road shall be improved to a minimum width of twenty feet and <br />2 include a permanent cul-de-sac at its northern terminus. The roadway shall be surfaced <br />3 with gravel or a suitable material and meet a seven ton road design. The roadway section <br />4 shall be determined by the City Engineer to insure the adequacy of the roadway to support <br />5 emergency vehicles. <br />6 2. A Homeowners Association shall be established to insure the continued operation and <br />7 maintenance of the private roadway. The association agreement shall be subject to the <br />8 review and approval of the City Attorney prior to final plat approval. <br />9 3. All wetlands on the subject property shall be delineated and shown on the final plat. <br />10 4. Public drainage and utility easements shall be dedicated to the city and cover all wetlands <br />11 on the subject property. <br />12 5. An easement for public trail purposes shall be dedicated to the City extending from <br />13 Rolling Hills Drive to the north property line of the subject property pending further <br />14 review by City staff. A payment in lieu of parkland dedication shall be required if it is <br />15 determined that a trail corridor is not feasible. <br />16 6. The developer shall place a covenant over Lot 1, Block 1 restricting future subdivision of <br />17 the lot until such time as public sanitary sewer and water is available to service the site in <br />18 conformance with the City's Comprehensive Plan. Such covenant shall be subject to <br />19 review and approval by the City Attorney. As part of the subdivision, it is required that <br />20 the applicant create one greater 32 acre lot, to remain within the density requirements. <br />21 7. The developer shall enter into a development agreement with the City to insure completion <br />�I 22 of necessary roadway improvements. Such agreement shall be entered into in conjunction <br />23 with final plat approval. <br />24 8. The Rezoning is approved. <br />25 <br />26 Councilmember Carlson asked about the easement for the two and one-half acre exception parcel, <br />27 which does not have an easement to the road. Community Development Director Grochala stated this <br />28 was a question for the City Attorney. He stated the existing exception parcel on the southwest end of <br />29 the plat did not show an easement on the title information. He asked if the City could request an <br />30 easement for that parcel. City Attorney Hawkins asked if this was off the cul-de-sac. Community <br />31 Development Director Grochala indicated that was correct, demonstrating on a site map. City <br />32 Attorney Hawkins offered his opinion that an easement could be required for this parcel. <br />33 <br />34 Councilmember Carlson moved to approve FIRST READING, and adopt Ordinance 05-03, Rezoning <br />35 from R-X, Rural Executive to R-X, Rural Executive/Planned Development Overlay (PDO). <br />36 Councilmember Dahl seconded the motion. <br />37 <br />38 City Administrator Waite Smith noted that the ordinance numbers were inconsistent between the <br />39 agenda and the staff report, and asked for clarification on the correct number. Community <br />40 Development Director Grochala stated it should be 05-03. <br />41 <br />42 Mayor Bergeson stated he will vote in favor of the ordinance, since all the criteria have been met, but <br />Mr43 will vote no on the second part, approving preliminary plat, because he does not think the road is <br />44 adequate. <br />45 <br />7 <br />