04-037 RESRESOLUTION NO. 04- 37
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
BOULDER POINT
Case No. P 03-I I
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 Exhibk 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
October 20, 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 COUNCII~ OF THE
CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as follows:
A. The 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.
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.
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 Motin and duty
seconded by Council Member Kuester. The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Dietz, Motin, Kuester, and Tveite.
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 17~h day of May, 2004.
Steph~mie Klin .'ng, l~t~r
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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 cope of the
resolution as adopted by the City Council of the City of Elk River on ~ / 7~
.
2004.
WITNESS~n~y hanc1 officially as such Clerk and the corporate seal of the City this
//~/' day of 'C~a~ ,2004. ~, j,//~~
Jo0/chmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this/~z day of
,2004, by Stephanie Klinzing, Mayor, C~ty of Elk River, Minnesota.
STATE OF MINNESOTA E$SICA :.,. :,.;~LE~
SS.
COUNTY OF SHERBURNE
(~The foregoing instrument was acknowledged before me this ~ff~ day of
~ , 2004, by Joan Schmidt, City Clerk, Cityfc~f. Elk River-r~---Mi,rm, esota.
~M. Mi~R
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EXHIBIT A
Legal Description:
That part of the Southeast Quarter of the Southwest Quarter of Section 35, Township 33,
Range 26, lying South of the Old Hildreth Road going between Elk River and Burns (now
know as County State Aid Road 12);
The North 4 rods of the West 20 rods of the Northeast Quarter of the Northwest Quarter
of Section 2, Township 32, Range 26, Sherburne County, Minnesota.
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EXHIBIT B
Conditions:
APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. A
DEVELOPER'S AGREEMENT IS PREPARED AND EXECUTED OUTLINING
THE TERMS AND CONDITIONS OF THE PLAT
THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS
FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO
RECORDING THE FINAL PLAT.
SURFACE WATER MANAGEMENT FEE IS PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, PRIOR TO
RELEASING THE PLAT FOR RECORDING.
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT IS PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
o
A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
6. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO
THE PLANS.
7. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER
MUNICIPAL UTILITIES.
8. A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COST OF THE PUBLIC IMPROVEMENTS.
o
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM
ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25%
OF THE IMPROVEMENTS COSTS SHALL BE SUBMITTED TO THE CITY
FOR A PERIOD OF ONE YEAR.
10. A GRADING AND EROSION CONTROL PLAN SHALL BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A DEVELOPMENT PLAN SHALL BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
13. ALL MAILBOXES SHALL BE CLUSTERED.
14. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
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15.
16.
17.
18.
19.
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.
WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
UTILITIES SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS
LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR
HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY.
FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK
AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY
INVESTIGATED AND WORK IS AUTHORIZED.
A VARIANCE OF 12.6-FEET SHALL BE GRANTED TO ALLOW LOT-l,
BLOCK-1 TO BE CONSTRUCTED AS PROPOSED AND ADDITIONAL
SCREENING SHALL BE PLANTED AS SHOWN ON THE PLANS DATED
SEPTEMBER 10, 2003.
THE APPLICANT SHALL OBTAIN AND COMPLY WITH THE
REQUIREMENTS OF AN NPDES PERMIT.
20. THE PLAT SHALL RESTRICT ACCESS TO CSAH 12 OR TWIN LAKES ROAD.
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