02-043 RES RESOLUTION NO. 02- 43
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
WINDSOR PARK 3rd ADDITION
Case No. P 02-03
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 March 18, 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
4,
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
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 D±etz and
duly seconded by Council Member ~eThe following voted in favor of
the Resolution.
Mayor Klinzing, Councilmembers Dietz, Tveite, Kuester
and Motin
The following voted against the Resolution:
None
The following were absent: None
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 20th day of May, 2002.
~-~'Steph~nie 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 copy of the resolution as adopted by the City Council of the City of Elk
River on '~'~ ~1' ..~,¢~d' , ~-~'~,P.
WITNESS. my hand officially as such Clerk and the corporate seal of the
City this:.~.( <~day of '--~?~(..¢~. i ,2002.
/
~a~dra Peine, Cit~Clerk '
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
Y?,~/' , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
MinneSota.
NOTARY PUBLIC. MINNESOTA
MY ~ E~e~ Jart. 31, 21~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The
foregoing instrument was acknowledged before me this ,~<~' day of
,2002 by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402~4235
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EXHIBIT A
Legal Description:
That pert of the Southeast Quarter of Section 7, Township 33, Range 26,
Sherburne County, Minn~ ~ , __
.so,.e, lyinc south of the r'~nterline of County High.~ey
No. 33.
AND
That p(:rt of the West Half of the Southwest Ou(:r~er of Section 8, Township
33, Range 26, Sherburne County, Minnesota, EXCEPT that port of the E~st
330.00 feet thereof lying north of the centerline of County Highway No. 33,
and south of the North 300.38 feet thereof.
AND
That part of the Southeast Quarter of the Southwest Quarter of Section 8,
Township 33, Range 26, Sherburne County, Minnesota, lying south of the
centerline of County Highway No. 33, end lying westerly of the following
described line:
Commencing at the southeast corner of said SoutheasL Quarter of the
Southwest Quarter; thence South 88 degrees 4-3 minutes 10 seconds West,
assumed bearing, along the south line of said Southeast Quarter of the
Southwest Quarter, a distance of 771.4t feet to the actual point of beginning
· of the tine to be herein described; thence North 27 degrees 17 minutes 33
seconds East a distance of 580.52 feet to the centerline of County Highway
No. 33, and there terminate said line.
Subject to on easement for ro(:dway purposes for County Highway No. 53
Also subj'ect to NSP easements and other easements of record.
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EXHIBIT B
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF
THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED
AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED.
A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE
CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100%
OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
7o
10.
11.
12.
13.
14.
15.
16.
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 SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER 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.
A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
OUTLOT A, OUTLOT C AND OUTLOT D BE PLACED IN A CONSERVATION
EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A
QUALIFIED LAND TRUST.
ALL MAILBOXES BE CLUSTERED.
A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT
FOR RECORDING.
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 CLEARING
OR GRADING COMMENCING.
ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
THE DEVELOPER SHALL INSTALL THE BITUMINOUS TRAIL ALONG THE
SOUTH SIDE OF COUNTY ROAD 33 FROM THE EAST TO WEST BOUNDARIES OF
THE PLAT AND A BITUMINOUS TRAIL CONNECTING THE TRAIL IN WINDSOR
PARK WITH COUNTY ROAD 33.
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17.
18.
19.
20.
21.
22.
A SIDEWALK SHALL BE INSTALLED ALONG THE WEST SIDE OF PASCAL STREET
FROM THE SOUTH BOUNDARY OF THE PLAT TO COUNTY ROAD 33.
MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED
MEDIANS AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE
THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE
INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT.
ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
OUTLOT E SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION
REQUIREMENTS. A SMALL CASH DEDICATION SHALL ALSO BE REQUIRED.
ALL COMMENTS IN THE SHERBURNE COUNTY HIGHWAY DEPARTMENT
LETTER SHALL BE ADDRESSED.
THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT
AND THAT:
· A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR MITIGATION
OF WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE
THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND
MITIGATION ON THE DEVELOPER.
· THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO FILLING
ANY WETLANDS.
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE
RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING
OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF
THE MITIGATION WORK.
· THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE
REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS
COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR
TO RELEASING THE LETTER OF CREDIT.
23.
THE DEVELOPER RECEIVE ALL THE NECESSARY COUNTY DITCH AND
REAPORTIONMENT PERMITS.
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