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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 1995 5 6. The in -lieu -cash park land dedication shall be submitted to the City before the final plat is signed. 7. All city code requirements and comments made by the City Engineer regarding storm water detention facilities, grading erosion control measures and road construction shall be completed. 8. The developer enters into a Development Agreement with the City subject to approval by the City Attorney before site grading begins. (Motion passed 5-0). B. Case #SUB/95-22 Final Plat Beaut Crest Preliminary Plat approval for the subdivision of a 35.27 acre parcel of property into 16 single family lots, Beaut Crest, was approved by the City Council on August 1, 1995. The Planning Commission approved the final plat at their August 14, 1995 meeting. Planner Terwedo reported the Final Plat, as presented, reflects the preliminary plat for Beaut Crest which the city approved last month. As discussed in the staff report and the DRAFT Planning Commission minutes, the final plat was approved based on the original plan. That plan was presented to the Planning Commission on June 26, 1995. The plan indicated the north cul-de-sac extending to the west end of the subdivision. The final plat indicates a typical tree boulevard detail which is consistent with the landscape ordinance. The Council received a letter from Larry Bohrer, dated September 1, 1995 stating he has reviewed the final plat of Beaut Crest Estates as prepared by Midwest Land Surveyors and Civil Engineers, Inc. received in his office on August 28, 1995. The plat is in accordance with the approved preliminary plat. In particular, the east -west street, known as 35th Street North, is platted to the west subdivision line and is provided with a permanent roadway easement for a turn -around also at the west end. If the property to the west develops and it is determined that access should be provided from 35th Street, this cul-de-sac will be removed and the street extended. Ed Forliti presented a revised plat showing future road extension of 35th Street N. He had talked to Larry Bohrer who said he didn't have a problem with stopping the cul-de-sac as long as there is an right-of-way easement for a future road. The person that develops the property to the west would pay for the road extension. The council voiced concern in that the developer make sure homeowners know there is a potential of a road going through and easements are recorded with the plat. M/S/P Hunt/DeLapp - to accept the revised final plat of Beaut Crest, as presented by Ed Forliti, allowing a cul-de-sac to end at the start of lots 1 and 6 providing the developer agrees to convey in writing to purchasers that this road is scheduled to be a through road and post a sign at the end of the cul-de-sac with wording "Future Road Extension". (Motion passed 5-0). Attorney Filla explained this would be treated like any other improved roadway; that is; dedicated to public use but not be owned by the City. If the road is ever vacated, the underlining fee ownership reverts to adjoining property owners. Filla cautioned the developer that a revised drawing of the final plat showing a through street has to be submitted and no permits can be drawn until the developer's contact is signed. M/S/P Johnston/John - to adopt Resolution No. 95-45 approving the Final Plat for Beaut Crest, as amended, and entering into a developer's agreement conditioned on the following: 1. The applicant meets the conditions set forth by the Valley Branch Watershed District in its letter dated July 18, 1995. 2. The applicant meets the conditions as set forth by the City Engineer in his letter dated July 6, 1995. 3. The in -lieu -cash park land dedication shall be submitted to the City before the final plat is signed.