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'. - , ;/ .,. J " :, .- -r , ~ RESOLUTION NO. 1706 STATE OF MINNESOTA COUNTY OF-RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT, DECLARING MORATORIUM ON BUILDING P~ITS IN,LOTS 8-12, BLOCK 1, SILVER OAKS ESTATES NO. 3, AND STATING REASONS THEREFORE WHEREAS in the process of considering an application for Planned Residential Development No. 21, involving lands in Silver Oaks Estates No. 3, and adjancent common areas, certain facts came to the attention of the New Brighton City Council NOW THEREFORE BE IR RESOLVED, that the following facts are found in respect to Lots 8-12, Block 1, Silver Oaks Estates No. 3 and land adjacent thereto owned by a homeowners association. Findings of Fact 1. Silver Oaks Estates ii a plat which was approved by the City of New Brighton in 1971 and which included a large area demoninated as Outlot A. . 2. In 1972 a Planned Residential Development providing for cluster home development of part of Outlot A was approved. This was later revised to provide for single family residence lots in much of Outlot A, with the interior portion of Outlot A to be maintained as open and recreational space by a homeowners association. 3. Included in the portion of Outlot A not devoted to a swimming pool and tennis courts are several ponds into which collected storm water runoff is discharged. 4. That the City of New Brighton was advised, prior to and during the process of granting approval to Silver Oaks Estates Plat, Silver Oaks Estates No. 2 and No. 3, and the associated PROs and homeowners association that the ponds in Outlot A owned by the homeowners association could easily handle and absorb the storm water runoff directed and diverted to such ponds. 5. That at a duly called public hearing held on April 13, 1976, to cDnsider the application for PRO No 2, there was clear and uncontroverted evidence that the level of the ponds in said Outlot A has be~- rising du~ing the last few years, including the following specific f_acts: a. Trees pr~viously growing from solid dry ground now have their base in water estimated at more than one foot deep. b. Access from some lots to areas of the commonly owned area of the Homeowners Association is blocked or circuitous by reason of the raised elevation of water in the ponds.