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HomeMy WebLinkAboutCity Council Resolution 1988-511CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota was held on the 22nd day of August , 1988. The following members were present: Ma or Schneider. Councilmembers Vasiliou , The following members were absent: None _ Councilmember Zitur introduced the following Resolution and moved its adoption: RESOLUTION NO. 88-511 APPROVING THE AMENDMENT TO RESOLUTION NO. 88-340 REGARDING PRELIMINARY PLAT APPROVAL FOR GRAHAM DEVELOPMENT COMPANY FOR ZACHARY HEIGHTS (88042) WHEREAS, On June 20, 1988, the City Council approved the preliminary plat for Graham Development Company for Zachary Heights Addition by Resolution No. 88-340; and WHEREAS, said resolution contains 17 conditions with regard to that approval; and WHEREAS, the developer has requested that Condition No. 1 and Condition No. 12 be modified; and WHEREAS, the City Council has made a negative declaration on the EAW for Schmidt Lake Road since said resolution was adopted. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That Resolution No. 88-340 is moiified as follows: 1. Condition No. 1 is deleted and the following shall be made new Condition No. 1: Compliance with the City Engineer's Memorandum except deleting Item No. 24.B. 2. Delete existing Condition No. 12 and substituting in its place the following: The first final plat may plat all lots into approved developable lots, provided that the developer shall grant to the City an easement totalling approximately 4.7 acres, over the portion of those lots within the plat riparian to DNR defined wetlands, which easements shall cover those lands above the estimated ordinary high water delineations of said' larwds to within 30' of the building pad. Such lands can then be made available by the City to provide mitigative measures to the satisfaction of DNR because of the Schmidt Lake Road encroachment into the protected wetlands. Such easement shall not reduce the number of lots approved in the preliminary plat and all lands covered by the easement not necessary for mitigative measures as determined by the DNR shall be reconveyed to the then owners of all affected platted lots when the DNR permit is issued for the construction of Schmidt Lake Road. 3. That a new Condition No. 18 be added as follows: Appropriate legal documents establishiia a covenant on the property shall be approved by the City Attorney and filed at Hennepin County with the final plat establishing the location of Schmidt Lake Road in accordance with Alternate Alignment No. 1 and its future constru.:tion if construction is not underway with final plat approval. The purpose of the covenant is to make sure all property owners have prior notice of the ultimate construction of Schmidt Lake Road. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Sisk , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou. Ricker Zitur and Sisk , The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted.