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City Council Regular Meeting Minutes 02 October 26, 2004 Page 2 1 approved by the City Engineer and City Attorney. He indicated there was one condition of 2 approval 3 4 Councilmember Faust asked if there was another road adjacent to this property. Mr. Stromgren 5 replied there was not a road and he did not believe there would be a road put in, but Public 6 Works was okay with this proposal. 7 8 Councilmember Stille inquired about terminating the agreement of record regarding the 9 greenspace. He asked if this needed to be formally terminated to clean up the title. Mr. 10 Stromgren replied he did not believe this would be a problem and applicant had stated they had 11 no intention to every build or occupy on this land. 12 13 Councilmember Stille asked if the City would be responsible for maintenance. Mr. Mornson 14 stated if Council wished, they could request the City Attorney draft a termination of this 15 agreement. 16 17 Motion by Councilmember Horst, seconded by Councilmember Faust, to approve Resolution 04- 18 066; 2917 St. Anthony Lane North, subdivision of property contingent upon City Attorney 19 approval. 20 21 Councilmember Stille requested the.following amendment to the City Attorney's approval 22 "terminating the Maintenance Agreement filed in 1981". 23 24 Motion carried unanimously, 25 26 B. Resolution 04-067; 2250 St. Anthony Blvd,rezone from Single Family Residential (R-1) 27 to Recreational Open Space (ROS). 28 Mr. Stromberg addressed Council and provided an update on a request for the Sunset Memorial 29 Park cemetery to rezone the property from R-1 Single Family Residential to Recreational Open 30 Space (ROS). He stated the applicant and owner of the cemetery site, Alderwoods Group, would 31 like to rectify and are requesting a rezone to ROS to conform to the City Ordinance. He stated 32 three residents had appeared at the Public Hearing in opposition to this request. He indicated the 33 Planning Commission had approved this. 34 35 Councilmember Horst asked if currently the City Code allowed for cemetery and funeral homes 36 in R-1. Mr. Stromberg replied it did not. 37 38 Mr. Mornson stated the Council had discussed this in the past and decided to not to anything at 39 that time. 40 41 Councilmember Horst stated it seemed to him that there was some reason why they were pushing 42 this type of zoning. He asked if the cemetery was bound by any conditional uses. Mr. 43 Stromberg replied it was not. 44 45 Mr. Mornson replied under the R-1 zoning and because this was a grandfathered in use, there 46 was no conditional use. Whereas if this was rezoned as an ROS and cemeteries would be 47 conditional uses,the City could put on conditional uses.