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<br /> <br />Bluffs of Elk River, P 04-20 <br />June 6, 2005 <br /> <br />Page 2 <br /> <br />established with US Bank which has constructed a new site located at 197th Avenue and TH <br />Highway 169. <br /> <br />Analysis <br /> <br />The preliminary plat for Bluff Block was approved by the City Council on October 18, 2004 <br />with six conditions. The fmal plat is consistent with the preliminary plat in that there is a lot <br />for the development and Oudot A over the bluff area to the river. <br /> <br />It was the developer's intent that Oudot A would be dedicated and given to the City for park <br />dedication credit. The Parks and Recreation Commission recommended the City accept <br />cash for dedication and an easement over the river walk trail. The City's TIP attorney has <br />advised staff that providing credit for Oudot A is not appropriate under the TIP law and the <br />executed development agreement. <br /> <br />An issue raised by the Lead Building Inspector during the building code review of the <br />project is that, as the City is requiring zero lot line construction, portions of the building will <br />encroach into the public right of way. These encroachments include the footings, the <br />canopies, and doors that swing into the public right of way. The City of Ramsey is <br />experiencing this similar situation in their new downtown area and has approved a policy to <br />allow these encroachments with the requirement that the property owner maintain liability <br />insurance indemnifying the City from any claims from injuries which may occur as a result of <br />these encroachments. A condition will be placed on the approval authorizing these <br />encroachments and requiring similar liability insurance in favor of the City. <br /> <br />Recommendation <br /> <br />Staff recommends that the City Council approve the attached resolution approving the final <br />plat with the following eight conditions: <br /> <br />1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED <br />OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL <br />PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <br />2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT <br />REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE <br />CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE <br />PLANS. <br /> <br />5. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT <br />ARE TO BE PRESERVED SHALL BE FENCED WITH A SNOW FENCE AT <br />THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE <br /> <br />S:\PLANNING\Case Files\2004\P 04-20 BluffBlock\06 06 05 cc FP memo. doc <br />