04-006 RES
RESOLUTION NO. 04 - .J!6
.,.
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk River Station 2nd Addition
Case No. P 03-18
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, df 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 November 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 p'reliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
1. It is hereby determined by the City Council for the City of Elk River as
follows:
A. T.he proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
B. 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.
C, 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.
D. 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.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
3. 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.
4. 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.
5. 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 Kuester
The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Tveite, Kuester, Dietz,
and Motin
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 20th day of January, 2004.
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 ..~~c9t), 2004.
I \
WITNESS my han~ciallY as .s. uch Clerk and .the corporate. se.al of tho .e
City this ,p;iJtday of ~"""'CT ' 2004. \. ..' /' .'
, )l7</~/;>1~
Joan $"chmidt, City Clerk
/
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
-0\
Mi
r,
The foregoing instrument was acknowledged before me this dOday of
(\ I' ,2004, by Stephanie Klinzing, Mayor, City of Elk River,
I
nNA M. ALLARD
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31,2006
/
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
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Notary Public
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~ TlNAM.AU.ARD
~\".,~~~ NOTARY PUBLIC. MINNESOTA
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The foregoing instrument was acknowledged before me this ~ day of
, 2004, by Joan Schmidt, City Clerk, City' of Elk River, Minnesota.
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Notary Public
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EXHIBIT A
Legal Description:
Outlot H, Elk River Station, according to the recorded plat thereof, Sherburne County,
Minnestoa
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EXHIBIT B
Conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100%
OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. 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 A ONE
YEAR PERIOD.
4. 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.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON
THE PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER
MUNICIPLAL UTILTIIES.
12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE
CITY AND RECORDED WITH THE PLAT.
14. 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.
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15. THE NORTH ACCESS ON THE EAST SIDE OF TWIN LAKES ROAD SHALL BE
RIGHT -IN RIGHT-OUT ONLY.
16. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY
NOTIFIED.
17. THE AREA ADJACENT TO THE WETLAND SHALL BE KEPT NATURAL.
18. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
19. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
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