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City Council Meeting <br />February 6, 2024 Page 9 <br /> <br />LA515\137\930284.v1 <br />be approved by the City Attorney. The Development Agreement must be approved by the City Council. The agreement shall delineate who is responsible for the design, construction, and payment for the required improvements with financial guarantees therefore. The <br />agreement shall outline any approved phasing plan. <br />18. The Applicant or developer must enter into a separate grading agreement with the City before starting any grading activity in advance of final plat approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat and said plan shall document the extent of any proposed grading on the site. <br />19. The Applicant must submit a revised preliminary plat and project plans meeting all <br />conditions of approval for City review and approval. The revised Applicant project plans and other materials shall meet all of the above conditions before the City will find complete any final plat application for the development and before the start of any clearing or grading activity on the site. <br />20. That the Applicant must submit the final plat within 180 days after City Council approval of <br />the preliminary plat or approval of the preliminary plat shall be considered void unless a request for a time extension is submitted in writing and approved by the City Council. <br /> PREMATURE SUBDIVISIONS Staff acknowledge the City Council’s concerns regarding water appropriations. If the City Council finds that it is not in the best interests of the City to approve development based on the lack of <br />water appropriations by the Minnesota Department of Natural Resources, then it must make <br />findings accordingly. Specifically, to deny a proposed preliminary plat, the Council must find that the development meets one or more of the criteria for denial of a plat. The City’s Premature Subdivision ordinance is found in Section 103.00.025. <br />Subsection C, Lack of adequate water supply, is copied as follows: <br /> <br />Lack of adequate water supply. Unless the city has guided the site of the proposed plat or subdivision as rural by the comprehensive plan, a proposed plat or subdivision may be deemed premature if municipal water is not available to serve the proposed subdivision if <br />it is developed to its maximum permissible density without causing and unreasonable <br />depreciation of existing municipal water supplies. The term “available” shall mean <br />existing or readily extended and funded consistent with the phasing in the comprehensive plan, the capital improvement program, and any relevant city ordinances, plans, and policies. If the site of the proposed plat or subdivision is guided as rural by the <br />comprehensive plan, a proposed subdivision shall be deemed premature with respect to a <br />lack of adequate water supply if a private well or wells cannot adequately or safely serve <br />the proposed subdivision. FISCAL IMPACT: Approval of the Applicant’s requests grants entitlements to the Applicant, <br />however there would be no fiscal impact to the City at this time. A final plat is required along <br />with a Development Agreement which will detail public improvements and address fiscal impacts. When the property begins to develop it will have urban services and will require development fees.