09-28-05 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 28, 2005 City Administrator Recommendations: Documentation from Magellan and the Developer regarding the details involving the proposed lower of the pipeline(s) under Preserve Trail to facilitate a better grade transition between Preserve Court and Preserve Trail. This is a key factor in making Che proposed development acceptable Co the City. This documentation must be sufficient to provide us with all details of construction and any conditions imposed/required by Magellan involving the pipelines, evidence of all required permits necessary for this work as required by local, state, and federal laws, comments by the Minnesota Office of Pipeline Safety to ensure all reasonable and appropriate measures are being taken to protect public safety. This condition is imposed pursuant to 1008.010 (f). Von Riedel indicated acceptance. He further noted that all three pipelines will need to be lowered. 2. Magellan releasing 10 feet of their pipeline easement in order that developer can provide a 50-foot right-of-way for Preserve Court that is unencumbered by the pipeline easement. Said release must be recorded prior to the filing of the final plat. This recommendation is based upon Subdivision Code Section 1001.080, City Code Chapter 2302, and developer's voluntary representations. Von Riedel indicated acceptance. Documentation of new blanket easement release by Magellan in recordable form as well as verification that the "triangular piece" of property wanted by Magellan in return for the revised blanket release does not negatively impact the final plat including, but not limited to the public right-of-way, consh•uction and maintenance of any proposed improvements, and lot alignments. This is required pursuant to Subdivision Code Section 1005.020 (d)(1). Von Riedel indicated acceptance 4. Revisions to the Declarations of Covenants as follows: a) Ownership of Outlots to be by owners of lots 1 Chrough 14 with an "equal and undivided interest". b) SubjecC to statutory provisions, the covenants should run into perpetuity. c) An acknowledgement that the City may develop trails and access areas to the wetland and that any owner of property within The Preserve is deemed to be in favor of such improvements. d) Designation both verbally and by exhibit of Che retaining walls to be maintained by the association in Articles IV, Section 3 and XXI. SCaff further recommends all walls are the responsibility of the association. (This is why the association needs to live beyond 30 years.) e) Developer to provide evidence to the City that Annual Assessment and Reserve 12