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03-060 RES RESOLUTION NO. 03 - 60 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Mississippi Highlands Case No. P 03-09 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) 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 September 15, 2003; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: It is hereby determined by the City Council for the City of Elk River as follows: The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. The physical characteristics of the site, including , but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. The proposed subdivision will not cause substantial environmental damage. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. The proposed subdivision will not have an undue Or adverse impact on the reasonable development of neighboring land. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member Tveite and duly seconded by Council Member Motin The following voted in favor of the Resolution. Vice Mayor Kuester, Councilmembers Motin, Dietz The following voted against the Resolution: Tveite, and None The following were absent: Mayor Klinzing stepped away from the meeting for a few minutes. WHEREUPON the resolution is adopted. Passed and adopted this 15th day of September, 2003. CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the 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 September 15, 2003. WITNESS my hand officially as such acting Clerk and the corporate seal '~~,~3e_r ,2003. ~ My Commission Expires Jan, 31.200~ ~~ Patrick Klaers, City Administrator STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ ~,,,¢~¢',,,~/c~r , 2003, by Stephanie Klinzing, Mayor, City of Minnesota. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE day of River, ,/.¢,¢:~:The foregoing instrument was acknowledged before me this i'~' day of ',,,.~o.~:c' , 2003, by Patrick Klaers, City Admini~Cf'ator,/6ity.. ¢f'l~lk River, I~l~n~esota. ~.,~ ~ EXHIBIT A Legal Description: The North 420 feet of the West 420 feet of the Southeast Quarter of the Northwest Quarter of Section 11, Township 32, range 26 And The North 368.04 feet of the Southwest Quarter of the Northwest Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota lying Easterly of U.S. Highway No. 10 EXHIBIT B Conditions: 1. All comments of the City Engineer shall be addressed. 2. The Park and Recreation Commission will require for park dedication purposes, cash dedication to be paid at the rate required by the city prior to releasing the plat for recording. 3. A surface water management fee in the amount required by the city at the time of final plat shall be paid prior to releasing the plat for recording. 4. MNDOT's comments shall be addressed.