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e e e Elk River City Council Minutes October 11. 1999 Page 3 Mayor Klinzing opened the public hearing for items 5.2., 5.3., and 5.4. The civil engineer, attorney, and developer for the project spoke to the council regarding the development issues. There being no further comments, Mayor Klinzing closed the public hearings. WETLAND MITIGATION (5.1.)............. COUNCILMEMBER FARBER MOVED TO APPROVE THE PROPOSED FILLING AND MITIGATION PLAN FOR PRESERVE ESTATES PLAT REQUESTED BY BRIDGELAND DEVELOPMENT WITH THE FOLLOWING STIPULATIONS: 1. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE MITIGATION AREAS. 2. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. 3. THAT THE LETTER OF CREDIT COVERING THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROJECT ALSO INCLUDE THE COST OF THE MITIGATION WORK. 4. THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THE MITIGATION WORK IS COMPLETED AND THAT THE REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. ZONE CHANGE (5.2.)............ COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 99-31, AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1A, SINGLE FAMILY RESIDENTIAL, TO PUD, PLANNED UNIT DEVELOPMENT,lNVOlVING CASE NO. ZC 99-7 (BRIDGELAND DEVELOPMENT) BASED ON THE FOLLOWING FINDINGS: 1. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 2. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. 3. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE SHORELAND ORDINANCE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0.