The preliminary plat for Mackenzie Hills and the CUP to defer street paving are approved only if the project meets the conditions listed in the City Planning & Zoning Report and the ordinance is amended to clarify required ROW.

“TO APPROVE THE PRELIMINARY PLAT OF MACKENZIE HILLS AND THE CUP FOR DEFERRAL OF STREET PAVING REQUIREMENTS SUBJECT TO THE CONDITIONS AS OUTLINED IN THE CITY PLANNING & ZONING REPORT”

Adopted by motion: "MOTION BY CARLSON, SECONDED BY HAAPALA TO APPROVE THE PRELIMINARY PLAT OF MACKENZIE HILLS AND THE CUP FOR DEFERRAL OF STREET PAVING REQUIREMENTS SUBJECT TO THE CONDITIONS AS OUTLINED IN THE CITY PLANNING & ZONING REPORT AND AMENDING THE ORDINANCE TO CLARIFY ROW REQUIRED."

The project must submit revised plans showing the ROW location and revised driveway width, and approval for two homes is contingent on receipt of those revised plans.

“with the location of the ROW with a revised width for driveway upon receipt of revised plans - two (2) homes approve”

Adopted by motion: "MOTION BY CARLSON, SECONDED BY HAAPALA TO APPROVE THE PRELIMINARY PLAT OF MACKENZIE HILLS AND THE CUP FOR DEFERRAL OF STREET PAVING REQUIREMENTS SUBJECT TO THE CONDITIONS AS OUTLINED IN THE CITY PLANNING & ZONING REPORT AND AMENDING THE ORDINANCE TO CLARIFY ROW REQUIRED."

The development agreement is struck/removed from the final plat approval until it is approved by the City Attorney.

“STRIKING DEVELOPMENT AGREEMENT UNTIL APPROVED BY THE CITY ATTORNEY.”

Adopted by motion: "MOTION BY MAYOR PILON, SECONDED BY COUNCIL MEMBER BREYEN TO APPROVE THE FINDINGS OF FACE AND RECORD OF DECISION FOR THE FINAL PLAT FOR MACKENZIE HILLS STRIKING DEVELOPMENT AGREEMENT UNTIL APPROVED BY THE CITY ATTORNEY."

The applicant must pay all consultation fees for the Planner and Building Official.

“with the condition that Engren pay all the consultation fees for the Planner and Building Official”

Adopted by motion: "Pilon made a motion to go with Option 2 of Stockman's recommendations, as stated above, with the condition that Engren pay all the consultation fees for the Planner and Building Official, remove the bottom cabinets in the kitchen and cap the kitchen plumbing and expose items as necessary and to cert"

The applicant must remove the bottom cabinets in the kitchen.

“remove the bottom cabinets in the kitchen and cap the kitchen plumbing”

Adopted by motion: "Pilon made a motion to go with Option 2 of Stockman's recommendations, as stated above, with the condition that Engren pay all the consultation fees for the Planner and Building Official, remove the bottom cabinets in the kitchen and cap the kitchen plumbing and expose items as necessary and to cert"

The applicant must cap the kitchen plumbing.

“remove the bottom cabinets in the kitchen and cap the kitchen plumbing”

Adopted by motion: "Pilon made a motion to go with Option 2 of Stockman's recommendations, as stated above, with the condition that Engren pay all the consultation fees for the Planner and Building Official, remove the bottom cabinets in the kitchen and cap the kitchen plumbing and expose items as necessary and to cert"

The applicant must expose items as necessary so required inspections can be conducted.

“cap the kitchen plumbing and expose items as necessary and to certify that the bathroom is up to code”

Adopted by motion: "Pilon made a motion to go with Option 2 of Stockman's recommendations, as stated above, with the condition that Engren pay all the consultation fees for the Planner and Building Official, remove the bottom cabinets in the kitchen and cap the kitchen plumbing and expose items as necessary and to cert"

The applicant must certify that the bathroom is up to code.

“expose items as necessary and to certify that the bathroom is up to code”

Adopted by motion: "Pilon made a motion to go with Option 2 of Stockman's recommendations, as stated above, with the condition that Engren pay all the consultation fees for the Planner and Building Official, remove the bottom cabinets in the kitchen and cap the kitchen plumbing and expose items as necessary and to cert"

The Nowthen Lions must sign a hold harmless indemnification agreement with the City and include the City of Nowthen in the waiver agreement to close Engen Blvd (and related streets) for the 5k run.

“with the condition that they sign a hold harmless indemnification agreement with the City and include the City of Nowthen in the waiver agreement”

Adopted by motion: "Olmon made a motion to allow the Nowthen Lions to hold a 5k run, closing Engen Blvd, 211th Ave, and Tiger Street as needed with the condition that they sign a hold harmless indemnification agreement with the City and include the City of Nowthen in the waiver agreement the Lions are creating."

The project must comply with the December 12, 2023 Findings of Fact as incorporated into this approval.

“The December Findings of Fact are incorporated herein as though set out in full.”

The developer must amend the final plat to include drainage and utility easements for the stormwater ponds as originally modeled in the preliminary plat process.

“the Developer is being required to amend the final plat to include the drainage and utility easements for those ponds”

No certificates of occupancy may be issued unless the shared driveway is installed and the City has provided written consent.

“The Agreement does require that no certificates of occupancy would be issued without the shared driveway being installed and without the City's written consent.”

The project must comply with all comments in the City Engineer memo dated March 20, 2024 and the City Planner memo dated March 19, 2024.

“All comments contained within the City Engineer memo from Hakanson Anderson dated March 20, 2024 and the City Planner memo dated March 19, 2024 are incorporated herein”

Improvements must be constructed in substantial conformance with the Site Plans as revised to meet the Staff Memos and the December Findings of Fact requirements.

“The improvements to the Subject Property shall be constructed in substantial conformance with the Site Plans as revised to conform to the requirements of the Staff Memos and the De…”

If updated Site Plans responding to the resolutions, Staff Memos, or outside agencies require revisions to lot lines or easements, the developer must incorporate those revisions into the submitted Final Plat.

“If the updated Site Plans addressing the comments of the resolutions, Staff Memos, or outside agencies necessitate revisions to any of the lot lines or easements on the Subject Pro…”

The developer must pay the City a $7,500 park and trail dedication fee upon executing the agreement.

“The park and trail dedication fee in the amount of $7,500 ($2,500 per lot x three new lots) shall be paid to the City upon execution of this Agreement.”

The developer must dedicate on the Final Plat an easement over, under, and across the three infiltration basins in the locations shown on the preliminary plat, in a form acceptable to the City Engineer and City Attorney.

“Developer shall dedicate to the City on the Final Plat an easement over, under, and across the three (3) infiltration basins”

If the developer abandons the plat development, the developer must pay the City’s related costs and expenses (including attorney, engineering, professional review, drafting the agreement, and completing the shared driveway) within 30 days after being billed.

“the City's costs and expenses related to attorney's fees, engineering fees, professional review, drafting of this Agreement, completion of the shared driveway and any other expense…”

Before converting the existing home into an accessory building, the applicant must remove the cooking, heating, gas/propane, and sewer functions.

“They are willing to remove the cooking, heating, gas/propane and sewer functions as outlined in the attached resolution.”

The City Engineer must review the proposed minor subdivision before approval is finalized.

“City Engineer has not reviewed, so that is a condition for approval.”

A demolition permit must be obtained to remove the old house.

“A demolition permit is obtained for removal of the old house.”

A Shared Driveway Access and Maintenance Easement Agreement must be submitted to the City Attorney for review and approval before installing the shared driveway, and after approval it must be recorded by the developer against all properties in the plat.

“shall be submitted to the City Attorney for review and approval prior to the installation of the shared driveway. Upon review and approval by the City Attorney”

If the developer abandons the project, stops substantial field work for more than nine months, or fails to maintain erosion-preventing ground cover or a mowable condition, the developer must pay the City’s costs to restore the plat with level ground and permanent vegetation sufficient to prevent erosion and allow mowing.

“the Developer agrees to pay all costs the City may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore or replace and repair prope…”

The conversion of the existing single-family residence into an accessory building at 20421 Engen Blvd must comply with the provisions outlined in Resolution 2023-80.

“AUTHORIZING BRIDGET MUELLER TO CONVERT AN EXISTING SINGLE-FAMILY RESIDENCE INTO AN ACCESSORY BUILDING AT 20421 ENGEN BLVD, SUBJECT TO THE PROVISIONS OUTLINED.”

Until the shared driveway is built to City bituminous standards and accepted as a public road, a City Attorney-approved deed restriction must be recorded prohibiting further subdivision without the City’s written consent and acknowledging potential future assessment.

“no additional property subject to the shared driveway agreement shall be further subdivided or platted without the City's express written consent”

Any dedication of the remaining feet needed to reach a 66-foot right-of-way on Basalt St. must be subject to engineer approval.

“Regarding Basalt St. asking to dedicate only the remaining feet to get to the 66 ft., subject to engineer approval.”

The shared driveway must initially be constructed at a minimum width of 12 feet before any building permits are issued for Lot 1, Block 1.

“The shared driveway shall initially be constructed at a minimum width of twelve (12) feet prior to the issuance of any building permits for Lot 1, Block 1”

If the City assesses the subject property for abandonment-related costs, the developer must not contest the City’s authority to assess or appeal the assessment/certification and waives statutory appeal rights.

“the Developer agrees not to contest the authority of the City to assess the Subject Property or appeal such assessment or certification and waives all statutory rights of appeal”

All sides of principal structures must be within 250 feet of the driveway or public street to allow fire hose access.

“The distance as measured from the driveway or public street to all sides of the principal structure(s) must be within 250 feet”

The Final Plat and Development Agreement are approved only if they comply with the attached Exhibit A Findings of Fact and Record of Decision, and the Development Agreement must be reviewed by the City Attorney.

“The Final Plat and Development Agreement are approved subject to the Findings of Fact and Record of Decision attached hereto as Exhibit A.”

The existing home must be removed as part of the project.

“Commissioner Bies wanted to make sure a condition was included regarding the removal of the old home.”

Building permits are required for the new homes and must include a certificate of survey for individual lots, lowest floor elevations, and custom grading/erosion control plans subject to City Engineer and City Planner approval.

“Building permits shall be required for the new homes which shall require submittal of a certificate of survey for individual lots, lowest floor elevations noted and custom grading/…”

The driveway must be at least 12 feet wide and designed for emergency vehicle maneuvering/turnaround per IFC Section 503, and shared driveways serving three or more properties must be 20 feet wide.

“The driveway shall be a minimum of twelve (12) feet in width and shall be designed to accommodate the maneuvering and turnaround of emergency vehicles”

No wetlands may be impacted during construction, and required buffers must be maintained as unmowed areas with non-invasive vegetation adjacent to wetlands.

“No wetlands may be impacted during construction of the homes or private driveway(s). Buffers require that unmowed areas adjacent to wetlands are maintained”

Property owners must acknowledge the properties may be subject to a future assessment under Minnesota Statutes Chapter 429 (or other relevant statute) for future bituminous-standard improvement of the shared driveway once the right-of-way is accepted.

“the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429 or other relevant statute”

Grading, drainage, stormwater, and erosion control must be reviewed/approved by the City Engineer and revised as outlined in the HAA Engineer's Report dated 10-17-23.

“All grading, drainage, stormwater and erosion control issues shall be subject to review and approval by the City Engineer”

Until the shared driveway is built to City bituminous standards and accepted as a public road, property owners must be solely responsible for maintenance, and a shared driveway maintenance agreement must be recorded against all impacted properties after City Attorney review and approval.

“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded”

An address placard with all three house numbers must be placed at Engen Blvd and at the point where individual driveways split from the shared driveway.

“an address placard with all three house numbers shall be placed at Engen Blvd. and also where individual driveways split from the shared driveway.”

A written easement agreement for the shared driveway must be recorded before construction of the house is complete.

“Mr. Polgreen stated that his plan was to have a written easement agreement recorded before construction of the house is complete.”

The applicant must obtain approval of a street construction deferral through a Conditional Use Permit as part of the project approvals.

“Request for approval of a 3-lot Preliminary Plat and a CUP to allow deferral of street construction requirements”

The Development Agreement must be reviewed and approved by Attorney Ruppe before the City grants full approval of the final plat.

“add Condition #6 - to state Development Agreement to be reviewed and approved by Attorney Ruppe before full approval of the final plat will be approved.”

A deed restriction requiring construction of the driveway to City bituminous road standards must be reviewed/approved by the City Attorney and recorded against all impacted properties once the right-of-way is accepted by the City.

“The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted.”

Until the shared driveway is built to City bituminous standards and accepted as a public road, maintenance must be the sole responsibility of benefiting/fronting property owners unless the City agrees otherwise in writing.

“Until such time as the shared driveway is constructed to City road bituminous standards and accepted by the City as a public road”

The park and trail dedication fee of $2,500 per lot (for one new lot) must be paid before the City signs final documents and before recording.

“The park and trail dedication fee of $2,500 PER LOT (for the one new lot) shall be paid prior to the City signing final documents”

All lots within the subdivision must be deed restricted as part of the street surfacing deferral.

“All lots within the subdivision will be deed restricted as part of the Street Surfacing Deferral discussed herein.”

The Bear Lake Shoreland Overlay District must be shown on the plat.

“The Shoreland Overlay District of Bear Lake shall be shown on the plat.”

The shared driveway must be constructed to meet street base and subbase requirements required by Section 10-3-3.B.

“The shared driveway is constructed to meet street base and subbase requirements required by Section 10-3-3.B.”

The driveway requirements of Section 11-6-2.J.4 must be met.

“The driveway requirements of Section 11-6-2.J.4 are met”

The applicant must provide at least three soil borings along the proposed road alignment and include them in a geotechnical report certified by a licensed geotechnical engineer that includes an estimated stabilometer R-value.

“Soil Borings are required (minimum of 3) in the location of the proposed road alignment”

The project must comply with all comments in the City Engineer memo from Hakanson Anderson dated March 20, 2024, which are incorporated as conditions.

“All comments contained within the City Engineer memo from Hakanson Anderson dated March 20, 2024 are incorporated herein”

The planner must contact the DNR about acceptance of the proposed variance and historic Bear Lake drainage/water flow issues, and obtain a response before the City Council meeting.

“Planner Stockman contacts the DNR relative to their acceptance of the proposed Variance request and historic Bear Lake drainage issues/water flow, with response prior to the City C…”

A private shared driveway is allowed only on an interim basis until a public road is constructed and accepted by the City.

“a private shared driveway will be allowed on an interim basis until such time as a public road is constructed and accepted by the City”

Soil borings are required at the proposed road location and must be provided in a geotechnical report certified by a licensed geotechnical engineer including an estimated stabilometer R-value.

“soil borings are required in the location of the proposed road to determine the suitability of subgrade soils to support the proposed street”

Overhead clearance along the route from the public road to the principal structure(s) must be at least 13 feet, 6 inches.

“Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines”

If updated site plans (responding to resolutions, staff memos, or outside agencies) require changes to lot lines or easements, those changes must be incorporated into the final plat; the developer must revise site plans/final plat as needed and provide any required off-site easement document to the City for approval before the final plat is released for recording.

“those revisions shall be incorporated into the Final Plat submitted by the Developer. Compliance with these requirements may result in changes to or the removal of lots, outlots, e…”

Overhead clearance along the access route must be at least 13 feet 6 inches under trees, lines, entrances, overhangs, and similar features.

“Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines, property entrances”

A deed restriction must require upgrading the driveway to City bituminous road standards once the right-of-way is accepted by the City.

“driveway, as constructed to City bituminous road standards, once the right-of-way is accepted by the City.”

Provide a geotechnical report certified by a geotechnical engineer that includes soil borings, an estimated r-value, and double ring infiltrometer test results, and consider field monitoring of groundwater.

“Please provide a geotechnical report which is certified by geotechnical engineer which includes soil borings, an estimated r-value, and double ring infiltrometer test results.”

The applicant must record a City Attorney–approved deed restriction requiring conversion of the shared driveway to a City-standard bituminous road after the City accepts the right-of-way.

“The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted.”

A shared driveway maintenance agreement must be recorded against all impacted properties and is subject to City Attorney review and approval.

“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded”

The deed restriction must be reviewed and approved by the City Attorney and recorded against all impacted properties.

“The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted.”

An address placard must be installed where the shared driveway intersects with Engen Blvd to indicate the house numbers of all parcels sharing the driveway, and a second placard must be installed where the private driveways split from the main drive.

“an address placard will be required where the shared driveway intersects with Engen Blvd. to indicate the house numbers of all parcels sharing the driveway and a second placard whe…”

Before a certificate of occupancy is issued, a permanent address placard must be installed at the shared driveway entrance to Engen Boulevard NW and where the individual driveways split, visible from the public road.

“Prior to issuance of the certificate of occupancy for structures within the Plat, a permanent address placard must be placed at the shared private driveway entrance to Engen Boulev…”

Ensure final plans conform to the approved City of Nowthen standard details and Engineering Manual.

“Final Plans shall be in accordance with the approved City of Nowthen standards details and Engineering Manual.”

Use a shared driveway for access until any lot in the plat is further subdivided, and deed-restrict the parcels to require construction of the street to city standards upon any future subdivision.

“The parcels will be deed restricted to require construction of the street to city standards upon any future subdivision.”

Overhead clearance along the driveway/access route must be at least 13 feet 6 inches for fire vehicle passage.

“Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines”

The applicants must engage a geotechnical engineer to monitor groundwater with piezometers to determine required septic separation areas or otherwise achieve code-required separation through fill/revised grading.

“The Applicants engage a geotechnical engineer to perform field monitoring of the groundwater with piezometers as allowed by Section 10-3-5.B.5”

The applicants must pay all costs associated with City review of the plat, Development Agreement, and other City-generated costs.

“All costs associated with the review of the submitted plat, Development Agreement and any other costs generated by the City or its representatives are the responsibility of the app…”

Property owners must acknowledge the properties may be subject to a future assessment for improvement of the shared driveway to City bituminous standards once the right-of-way is accepted by the City, and the deed restriction must be City Attorney–approved and recorded.

“the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429”