04-050 RESRESOLUTION NO. 04 - 50
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Kliever Lake Fields 2nd Addition
Case No. P 04-14
WHEREAS, application has been made for final plat approval, pursuant to Sections
30-354 and 30-374 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
July 16, 2001; 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:
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 apphcable general
specialized city, county, and regional plans including, but not limited to,
Comprehensive Development Plan.
and
the City's
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.
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D. The proposed subdivision makes adequate provision for water
storm drainage, sewage transportation, erosion control and all other
facilities and improvements otherwise required herein.
supply,
services,
Eo
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 Dietz and duly
seconded by Council Member Kuester. The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Kuester, Motin, Dietz, and Tveite
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 21't day of June, 2004.
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04-50
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 June 21, 2004.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
,5¢M , 004.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Jo~/n/gchmidt, City Clerk
The foregoing instrument was acknowledged before me this day of
., 2004, by Stephame KAinzing, Mayor, City of Elk River, Minnesota.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this
., 2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota.
day of
Notary Public
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EXHIBIT A
Legal Description:
Outlots A and B, Iadiever Lake Fields East, Sherburne County, Minnesota
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Conditions:
EXHIBIT B
10.
11.
12.
13.
14.
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.
A LETrER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100%
OF THE COSTS OF PUBLIC IMPROVEMENTS.
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.
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.
SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON
THE PLAT AS REQUIRED BY THE CITY.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER
MUNICIPLAL UTILTIIES.
WATER AVAILABILTY CHARGE SHALL BE PAID 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.
ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY
NOTIFIED.
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15. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
16. OULOT A, KLIEVER LAKE FIELDS SHALL BE DEEDED TO THE CITY FOR PARK
PRIOR TO RELEASING THIS PLAT FOR RECORDING. THE DEVELOPER SHALL BE
RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND
ESTABLISHING VEGETATIVE COVER.
17. THE MAILBOXES SHALL BE CLUSTERED.
18. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS AROUND THE
CUL DE SAC
19. PARK BOUNDARY SIGN SHALL BE INSTALLED BY DEVELOPER PER CITY'S
REQUIREMENTS
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