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WHEREAS, The Supreme Court denied the petition by the City of Lake Elmo to further review the LeRoy J. Rossow, Jr. vs. The City of Lake Elmo, Minnesota on February 20, 2018. WHEREAS, The District Court ordered on March 21, 2018 for the City to approve the preliminary and final plat within 30 days of the Order in accordance with the proposed Resolution No. 2015-59. WHEREAS, the findings of fact of proposed Resolution 2015-59 made the following findings of fact: 1) That the Halcyon Cemetery Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Halcyon Cemetery complies with the City' s RR — Rural Residential zoning district. 4) That the Halcyon Cemetery Final Plat meets other City zoning ordinances, such as landscaping, tree preservation, erosion and sediment control, off-street parking and other ordinances, except where noted in this report herein. 5) That the Halcyon Cemetery Final Plat is consistent with the City's engineering standards, except where noted, provided the plans are updated to address the City Engineer's comments documented in a letter dated July 8, 2015 and the Fire Chief s comments documented in a letter dated July 7, 2015. 6) The applicant has committed to establishing a permanent care trust fund consistent with the requirements established under State Statute. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby 1) The applicant §11allrevise the Final Plat to accommodate all required right-of-way 01 Lake Elmo Avenue and 5 011 Street Noi th as documented in review memorandums submitted by Washington County and the City Engineer. 2) All required modifications to the plans as requested by the City Engineer in a review letter dated July 8, 2015 shall be incorporated into the plans prior to the City's execution of the Final Plat. 3) The developer shall follow all of the rules and regulations spelled out in the �e Conservation Act, and abide by all conditions of approval established in the p Valley Branch Watershed District Permit, 4) The applicant shall be responsible to address all review comments sub by Washington County described 'in the review memorandum received from the County dated July 7, 2015. In addition, the applicant shall obtain all necessary right-of-way permitting from Washington County, 2 Resolution 2015-59