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City Council Minutes Page 6 <br />June 6, 2005 <br />----------------------------- <br />OUTLOT A TO ALLOW CONSTRUCTION AND USE OF THE RIVER <br />WALK TRAIL. <br /> <br /> <br />8.THE CITY COUNCIL ACKNOWLEDGES THAT CERTAIN PORTIONS <br />OF THE BUILDING WILL ENCROACH INTO THE PUBLIC RIGHT <br />OF WAY. THESE ENCROACHMENTS WILL BE ALLOWED FOR <br />FOOTINGS, CANOPIES, AND DOOR SWINGS INTO THE PUBLIC <br />RIGHT OF WAY, AS THE CITY IS AUTHORIZING ZERO LOT LINE <br />CONSTRUCTION TO FURTHER THE TRADITIONAL <br />DEVELOPMENT PATTERN OF THE DOWNTOWN AREA. THE <br />BUILDING OWNER SHALL MAINTAIN LIABILITY INSURANCE TO <br />INDEMNIFY THE CITY FOR ALLOWING THESE <br />ENCROACHMENTS. <br /> <br />MOTION CARRIED 3-1. Councilmember Farber opposed. (Councilmember Farber is opposed <br />to the Jackson and Bluff Block projects.) <br /> <br />7.3. Consider Resolution for Final Plat Approval (Jackson Place-Metro Plains), Case No. P 04- <br />19 <br /> <br /> Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated <br />that MetroPlains Development is requesting final plat approval for Jackson Place. She <br />reviewed the plat, the Parks and Recreation Commission’s recommendation, and the liability <br />insurance issues as outlined in her staff report. <br /> <br /> MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY <br />COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-61 GRANTING <br />FINAL PLAT APPROVAL FOR JACKSON PLACE, CASE NO. P 04-19 WITH <br />THE FOLLOWING CONDITIONS: <br /> <br /> <br />1.A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED <br />OUTLINING THE TERMS AND CONDITIONS OF THE PLAT <br />APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> <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 /> <br />3.WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY <br />THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR <br />TO RELEASING THE PLAT FOR RECORDING. <br /> <br /> <br />4.THE CITY ENGINEER’S COMMENTS BE INCORPORATED INTO <br />THE PLANS. <br /> <br /> <br />5.ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF <br />GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED <br />WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT <br />GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS <br />OR MATERIALS. STAFF SHALL INSPECT THE FENCING PRIOR TO <br />GRADING COMMENCING. <br /> <br />