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City Council Minutes Page 12 March 19, 2001 COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01-03 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 01-04 WITH THE FOLLOWING CONDITIONS: THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND ZONING ORDINANCE. THAT THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. o THAT THE REZONING WILL ALLOW A MIXED USE (COMMERCIAL AND RESIDENTIAL) DEVELOPMENT THAT CREATES A LOW-IMPACT RESIDENTIAL TRANSITION ZONE ADJACENT TO THE MISSISSIPPI RIVER AND EXISTING RESIDENTIAL PROPERTIES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNClLMEMBER MOTIN MOVED TO APPROVE THE PRELIMINARY PLAT (MISSISSIPPI RIDGE) AS REQUESTED BY THE DEVELOPER SCOTT POWELL WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL COMMENTS AND CONDITIONS INCLUDED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO OF FEBRUARY 27, 2001 BE INCLUDED AND ADDRESSED. 3. YALE STREET BE CONNECTED TO ZANE STREET ON THE NORTH. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. o UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.