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3.11. SR 04-03-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent A ril 3, 2006 Item Description Item 3.11 Resolution Extending Preliminary Plat Approval for Pinewood Estates 2nd Item Number 3.11 Prepared by Scott Harlicker, Senior Planner Reviewed by Scott Clark, Community Development Director Introduction On October 17, 2005 the Council approved the preliminary plat for Pinewood Estates 2nd Addition. Sec. 30-374 of the Elk River City Code of Ordinances states that failure to submit for final plat within one year of preliminary plat approval, unless the City Council grants an extension, shall cause the preliminary plat to become null and void. An application for final plat has not been submitted. The City is currently considering the purchase of the golf course, and in order keep different payment options open the preliminary plat approval should be extended. Discussion Staff is recommending that the preliminary plat approval be extended for seven years to October 17, 2013. This will allow the preliminary plat approval to remain in effect during length of the purchase contract. Financial Impact None Attachments Resolution No. 06- Action Requested Staff is requesting that the Council approve the attached resolution extending the preliminary plat approval for Pinewood Estates 2nd Addition to October 17,2013 Council Action Motion by _ Second by _ Vote Follow Up S: \PLANNING\ Case Files \REQUEST COUNCIL ACTION.doc RESOLUTION NO. 06 - CITY OF ELK RIVER A RESOLUTION EXTENDING PRELIMINARY PLAT APPROVAL FOR: Pinewood Estates 2nd Addition Case No. P 05-13 WHEREAS, application has been made for preliminary plat approval, pursuant to Article V. Subdivisions, Sec. 30-373 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on October 17, 2005; and WHEREAS, Sec. 30-374 of the Elk River City Code of Ordinances states that failure to submit for final plat within one year of preliminary plat approval, unless the City Council grants an extension, shall cause the preliminary plat to become null and void; and WHEREAS, the City Council, pursuant to Sec. 30-374 of the Elk River City Code of Ordinances, finds that good cause exists for the extension of the preliminary plat approval and that the preliminary plat approval should be extended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: 1. It is hereby determined by the City Council for the City of Elk River that good cause exists for the extension of the preliminary plat approval and said approval shall be extended to October 17,2013 The foregoing resolution was introduced by Council Member and duly seconded by Council Member . The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: WHERE UPON the resolution is adopted. Passed and adopted this 3rd day of April, 2006. Stephanie Klinzing, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on April 3, 2006. WITNESS my hand officially as such Clerk and the corporate seal of the City this _ day of , 2006. Joan Schmidt, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 2006, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of ,2006, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. Notary Public Outlots A and B, Pinewood Addition EXHIBIT A