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City Council Minutes October 18, 1999 Page 16 e 6.9, Reauest by City of Elk River to Vacate a Portion of Branch A County Ditch # 10, Public Hearing Case No. EV 99-4 Staff report by Stephen Rohlf. The City of Elk River requests vacation of that portion of County Ditch # 10, Branch A located directly on the property included in the plat of Elk River Crossing. Mayor Klinzing opened the public hearing. There being no public comment, Mayor Klinzing closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO APPROVE RESOLUTION NO. 99-79, VACATING A PORTION OF A DRAINAGE EASEMENT (DITCH) LOCATED IN THE SW 1M OF THE SW 1M OF SECTION 35, TWP. 33, AND, IN THE NW 1M OF THE NW 1M OF SECTION 2, TWP. 32, RANGE, 26, IN SHERBURNE COUNTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Request by Associated Developers for Final Plat Approval (Elk River Crossina), Resolution No. 99-80, Case No. P 98-8 e Staff report by Scott Harlicker. Associated Developers of the Twin Cities, Inc. requests final plat to subdivide 70.71 acres into a 9 lot commercial planned unit development (Elk River Crossing). The plat is designed with five freestanding lots along Highway 169 ranging in size from one to two acres. Two large lots will accommodate two "big box" retailers, which are 21.5 and 14 acres in size. The remaining two lots are 4.7 and 7.3 acres in size. The final plat is consistent with the preliminary plat. Staff recommends approval of the request based on the 19 conditions in the staff report to the council dated October 18, 1999. COUNCILMEMBER MOTlN MOVED APPROVAL OF RESOLUTION NO. 99-80, APPROVING THE FINAL PLAT FOR ELK RIVER CROSSING, WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. 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 A ONE YEAR PERIOD. 5. 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. e