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City Council Minutes Page 6 August 15, 2005 ----------------------------- sewer and water and pay for it. He stated the plat is not consistent with the surrounding area and existing homeowners paid extra to be on a golf course. Councilmember Farber stated the golf course may not have made a profit because it hasn’t been marketed well. Councilmember Gumphrey stated he is concerned with Street B not being allowed access to County Road 30. He would like to see Lot 22 as part of the park system. He stated he would like to delay action on the plat. City Attorney Peter Beck stated the plat as presented has three non-conforming lots and the Council could deny the plat or continue consideration of the plat and direct the applicant to address the issues outlined by Council. He stated the Council could also approve the preliminary plat with conditions identifying the revisions that must be made by the applicant in the final plat. Councilmember Motin stated the city is not requiring any existing residents to hook up to sewer and water at this time but would like residents to have the ability to hook up at a later date. He stated he is not in favor of the plat as presented but is concerned the city could be involved in a lawsuit with the applicant. He stated the city can push off action on this plat for two months but that the residents need to proceed with their legal action. Councilmember Dietz questioned if the city could require the whole plat to have 20,000 sq. ft. lots. Mr. Beck stated it would be difficult to support 20,000 sq. ft. lots, as the area is zoned R1c, but the city does have the right to not approve a preliminary plat with all lots being at the minimum 11,000 sq., ft. if there are extenuating circumstances. Councilmember Dietz stated this development will not put extra stress on the schools as they are already at capacity because the whole of the Elk River School District is growing rapidly. Councilmember Dietz stated sewer and water should be stubbed in near the existing neighborhood at the applicant’s expense. He questioned if the existing neighborhood street was tore up, who would be responsible for repair expenses. Mr. Maurer stated that the developer would pay for the street repair and that there were never assessments proposed against the existing neighborhood Councilmember Gumphrey questioned if the city could rezone the property to R1d. Mr. Beck stated the Council can’t rezone a property after an application has been submitted to plat it. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THE PRELIMINARY PLAT FOR PINEWOOD ESTATES SECOND ADDITION TO OCTOBER 17, 2005 AND DIRECTED THE APPLICANT TO ADDRESS THE FOLLOWING ITEMS: 1.LOTS 12-21 OF BLOCK 3 SHALL BE 20,000 SQ. FT. 2.STREET B SHALL BE A THRU STREET TO COUNTY ROAD 30. MOTION CARRIED 5-0.