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COUNCIL MINUTES NOVEMBER 13, 2006 APPROVED • 1 for the Lakewood Apartments. On October 23, 2006, the Council approved Resolution 06-177, 2 which approved an amendment to the PUD Final Plan. This amendment included adding a third color 3 to the palette for the building and a revised central element to address a condition of Resolution 05- 4 161. 5 6 Community Development Director Grochala stated Hartford Group, Inc. has also requested to amend 7 the PUD Final Plan to allow the removal of balconettes that were depicted on the elevations approved 8 as part of the original submittal. 9 10 Community Development Director Grochala provided the staff analysis of the request indicating staff 11 considers the change a positive one considering the mixed use nature of the building, and the fact that 12 balconettes are not usable as balconies. 13 14 Council Member Stoltz moved to approve Resolution No. 06-183, as presented. Council Member 15 O'Donnell seconded the motion. Motion carried with Council Member Reinert voting nay. 16 17 Public Hearing, Consider 1st Reading of Ordinance 13-06, Vacation Drainage and Utility 18 Easements, The Village No. 3, Paul Bengtson - Associate Planner Bengtson advised the Hartford 19 Group, Inc. previously platted this lot with drainage and utility easements for ponding areas on both 20 the north and south sides of the site. Since that time the Legacy Townhomes PUD final plan was 21 approved and minor deviations from the original ponding layout have caused the need to alter the gm22 layout of the ponding. The applicant will dedicate new drainage and utility easements in conjunction 23 with the Final Plat of the site, which will follow the second reading of this request on the November 24 27 agenda. 25 26 Mayor Bergeson opened the public hearing at 7:05 p.m. 27 28 Council Member Carlson moved to close the public hearing at 7:05 p.m. Council Member Stoltz 29 seconded the motion. Motion carried unanimously. 30 31 Council Member O'Donnell moved to approve First Reading of Ordinance 13-06, as presented. 32 Council Member Stoltz seconded the motion. 33 34 A roll call vote was taken: five yeas and zero nays. Motion carried unanimously. 35 36 Legacy at Woods Edge Development contract, Mary Alice Divine: 37 38 Consideration of Resolution No. 06-186, Approving the Assignment and Release of Certain 39 Obligations under the Contract for Private Development with Hartford Development, Inc. - 40 Economic Development Coordinator Divine advised the Council entered into a Contract for Private 41 Development and Contract for Subdivision/Planned Unit Development with the Hartford Group on 42 December 21, 2004, setting forth the terms and conditions of redevelopment for Legacy at Woods 43 Edge. • 44 3