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5. Compliance with the recommendations of the City Attorney, specifically as to the <br />City's liability regarding the use of "color -stamped" roadway paving to encourage <br />pedestrian/bike utilization. <br />6. The Final Plat shall include right-of-way for a future Highway 36 service road in <br />a location and to a width recommended by the City Engineer. <br />7. The applicant and City Engineer are encourage to maintain private utility <br />placement within 3 feet of the paved road surfaces to preserve existing trees. <br />NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council <br />hereby: <br />Approves the Open Space Development Stage Plan, Preliminary Plat, and Conditional <br />Use Permit for DISCOVER CROSSING as illustrated on the Preliminary Plat prepared <br />by Folz, Freeman, Erickson, Inc., dated July 5, 2005. <br />ADOPTED, by the Lake Elmo City C on th-r`n d of Au 0 <br />anJohnston, Mayor <br />