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City Council Minutes Page 7 July 24, 2000 14. THAT THE PRIVATE ROADS BE RESTRICTED TO PARKING ON ONE SIDE OF THE STREET WITH SIGNS INDICATING NO PARKING. 15. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT THE DRIPLINE TO PREVENT DAMAGE TO TREES BY INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 16. THAT THE RIGHT-OF-WAY BE GRANTED FOR THE LINE AVENUE CUL-DE-SAC. 17. THAT PHASE II OF THE DEVELOPMENT BE CONTINGENT UPON THE DEVELOPER OBTAINING THE APPROPRIATE WETLAND APPROVALS. AND TO ADOPT RESOLUTION 00-58 TO GRANT FINAL PLAT APPROVAL FOR TWIN LAKES TOWNHOMES. COUNClLMEMBER DIETZ SECONDED THE MOTION. COUNClLMEMBER MOTIN MOVED TO AMEND THE MOTION BY ADDING ANOTHER CONDITION STATING THAT IF ANY SIGNIFICANT CHANGES WERE MADE TO THE FINAL PLAT, SUCH AS THE REMOVAL OF THE CUL-DE-SACS, THEN THE PLAT MUST BE BROUGHT BACK TO COUNCIL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE AMENDMENT CARRIED 4-0. THE MOTION AS AMENDED CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR TWIN LAKES TOWNHOMES WITH THE FOLLOWING CONDITIONS: THAT THE COMMENTS OF THE COUNTY HIGHWAY ENGINEER BE INCORPORATED IN TO THE DEVELOPMENT PLANS AND THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR THE PROPOSED ACCESS ONTO COUNTY ROAD 13 PRIOR TO CONSTRUCTION. 2. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL. 3. THAT THE PLAT AND DEVELOPMENT CONFORM TO THE CITY OF ELK RIVER ORDINANCES. THAT THE DEVELOPER PROVIDES HOMEOWNERS ASSOCIATION DOCUMENTS FOR THE CITY A1TORNEYS REVIEW AND APPROVAL PRIOR TO THE RECORDING OF THE FINAL PLAT. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. THAT AN EASEMENT BE PROVIDED FOR A CITY TRAIL AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION OVER THE EAST AND WEST TRAILS TO ALLOW PUBLIC ACCESS.