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City Council Minutes June 16, 2025 --------- Page 6 of 12 Councilmember Wagner asked if they could build a deck or patio with the updated 45-foot setback on lots 1-3. Mr. Carlton stated that it limits any impervious surface in the back; they would not be able to put a patio or deck off the back. He stated it would not be available for lots 2 and 3, but lots 1,4,5, and 6 would have space. Councilmember Wagner asked if the buyer would know the setbacks regarding lots 2 and 3. Mr. Carlton stated it is being made known with the plat, and it is an HOA, so they would be knowledgeable about the lot situations. Moved by Councilmember Beyer and seconded by Councilmember Calva to adopt Ordinance 25-10 codifying and updating the PUD for The Villas at Fillmore, subject to City Council's approval of the Preliminary and Final Plat for The Villas at Fillmore Third Addition. Motion Carried 5-0. Moved by Councilmember Grupa and seconded by Councilmember Calva 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. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and construction activities. 4. The development agreement must include a prorated cost share for the water main extension that was installed along Fillmore Street in 2022 and was paid for by Elk River Municipal Utilities (ERMU) in the amount of $44,590. 5. The sanitary sewer will be privately owned/maintained. 6. The storm pipe will be privately owned/maintained as it captures only storm water from the private street. 7. Electrical service for the lift station is considered commercial. The developer will need to provide a secondary electric service. Motion Carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 25-30 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. 5. 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