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City Council Minutes March 17, 2025 Page 5 of 9 at Fillmore Third Addition. Motion carried 4-0. Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve the preliminary plat for The Villas at Fillmore Third Addition, with the following conditions: 1. Council approval of the ordinance amendment approving the PUD changes. 2. A Water Availability Charge for each lot must be paid before connection to the municipal water system. 3. A tee will need to be installed for each connection to the existing HDPE water main; tapping HDPE pipe will not be permitted. 4. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and construction activities. S. The development agreement must include reimbursement for the water main extension that was installed along Fillmore Street in 2022 and paid for by ERMU in the amount of $44,590. 6. The sanitary sewer will be privately owned/maintained. 7. The storm pipe will be privately owned/maintained as it captures only storm water from the private street. 8. Extend sewer and water stubs to easement line. 9. All retaining walls will be privately owned and maintained by the property owners or HOA. This must be noted in the plans. 10. The developer will need to install one to two pipe crossings under the private road. ERMU will provide the pipe and location of crossings when ready. 11. Electrical service for the lift station is considered commercial. The developer will need to provide a secondary electric service. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 25-09 approving the final plat of The Villas at Fillmore Third Addition, with the following conditions: 1. Council approval of a Development Agreement outlining the responsibilities of the developer. 2. Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording (currently $390/plumbing unit). 3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the public works director must be secured. S. The Development Plan shall be approved by the public works director prior to the issuance of building permits. 6. Staff approval of all site, civil, and landscaping plans. 7. Park dedication shall be paid for six low -density parcels at the rate applicable at the time of recording. 8. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Page 8 of 249