02-016 RESRESOLUTION NO. 02 - 16
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Park Point
Case No. P 01-13
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 January 22, 2002; 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
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
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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.
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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
Kuester and duly seconded by Council Member
_n±etz The following voted in favor of the Resolution.
Mayor Klinzing; Councilmembers Kuester, Dietz and Tveite
The ~llowing voted againstthe Resolution:
Councilmember Motin abstained
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted,
Passed and adopted this/{' ~:::day of
,2002.
Stepi~anie Klinzing,~yor
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 c,op_)/of the resolution as adopted by the City Council of the City of Elk
River on ?'~.,<_./, // ,2002.
City this//~" day of
WITNESS my hand officially as such Clerk and the corporate seal of the
,2002.
' Sandra Pein~, ~ity Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this // day of
.L/,,/~/L~.~L?./:O , 2002, by Stephanie Klinzing, Mayor,
City
of
Elk
River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this // day of
~./~ d~/~-~ ,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
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EXHIBIT A
Legal Description:
The north half of the southwest quarter of Section 1, Township 32, Range 26,
Snerburne County, Minnesota
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Conditions:
EXHIBIT B
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10.
11.
12.
13.
ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE
STREETS.
STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER
MUNICIPAL UTILITIES.
A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL
UTILITIES FOR WATER AVAILABILITY CHARGES.
THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL
GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER.
THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
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14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
17. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING
THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW
FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR
STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL
INSPECT FENCING PRIOR TO GRADING COMMENCING.
18. A TRAIL CONNECTION BE PROVIDED FROM 176T~ CT. TO OUTLOT A.
19. PARK DEDICATION SHALL BE MET BY DEEDING OUTLOTS A & G TO
THE CITY FOR PARK PURPOSES.
20. THE DEVELOPER SHALL PAY FOR THE COSTS OF INSTALLING SEWER
ALONG 175~ AVENUE.
21. THE ENTIRE PLAT SHALL BE ASSESSED TRUNK COSTS.
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