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<br /> <br />Jackson Place, P 04-19 <br />June 6, 2005 <br /> <br />Page 2 <br /> <br />public interest in Jackson Square, thereby setting the stage for final plat approval and the <br />transfer of the property to the developer. <br /> <br />The final plat comprised of one lot is consistent with the preliminary plat previously <br />approved by the City Council. <br /> <br />Park dedication is recommended in cash. <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 <::ouncil approve the attached resolution granting final plat <br />approval with 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 />OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT THE <br />FENCING PRIOR TO GRADING COMMENCING. <br /> <br />6. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS <br />LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR <br />HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. <br />FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK <br />AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY <br />INVESTIGATED AND WORK IS AUTHORIZED. <br /> <br />S,\PLANNING\Case Files\2004\P 04-19 Jackson Place\06 06 05 FP cc memo. doc <br />