04-062 RES
RESOLUTION NO. 04- 62
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
TROUT BROOK ESTATES
Case No. P 04-08
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(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
July 19, 2004; and
WHEREAS, the proposed fmal plat 1S consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed fmal 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:
1. 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.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of tecord 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 fmal 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 fmal 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 du1y
seconded by Council Member Morin. The following voted in favor of the
Resolution.
Mayor Klin::jng, Council members Dietz; Kuester, Motin, and Tveite
The following voted against the Resolution: None
The following were absent: None
WHEREUPON the resolution is adopted.
Passed and adopted this 16'h day of August, 2004
~iaw~
Steph rue Klinzin yor
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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 copy of the
resolution as adopted by the City Council of the City of Elk River on August 16, 2004.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
16th day of August, 2004.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 16'h day of August,
2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
. SICA t.:. :;,:LLER
NOTARY PUaL'~ .1.1iNNLWTA
MJCooM......ExpIresJar 31.2007
The foregoing instrument was acknowledged before me this 16th day of August,
2004, by Joan Schmidt, City Clerk, City of Elk River, Min sota.
. JESSICA M. MiLLER
tIlIfllf'( PIB.IC - MINNESOTA
_C .. ExpRI JIll. 31, 2007
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EXHIBIT A
All that portion of the North half of the Northeast Quarter of Section 35, Township 33,
Range 26, lying west of Judicial Ditch No.1, as same now crosses said tract, Sherburne
County,
AND
That part of the Northwest Quarter of the Northwest Quarter that hes west of Judicial Ditch
No.1, Section 36, Township 33, Range 26, Sherburne County, Minnesota,
AND
All that part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 33,
Range 26, lying southeasterly of County State Aid Highway No. 13, EXCEPT that part
thereof described as follows:
Beginning at the intersection of the East line of the West one-half of the Southeast
Quarter and the centerline of County State Aid Highway No. 13; thence South along
the East line, 700.00 feet; thence West at right angles, 285.00 feet; thence North at
right angles to said centerline of County State Highway No. 13; thence northeasterly
along said centerline of highway to the point of beginning, according to the United
States Government Survey, thereof and situate in Sherburne County, Minnesota.
That part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 33,
Range 26, Sherburne County, Minnesota, lying easterly of the center line of County State Aid
Highway No. 13, and Southerly of a line described as follows:
Beginning at a point on the east line of said Northeast Quarter of the Northwest
Quarter, the bearing of which is assumed to be South 00 degrees 59 minutes West,
said point being 910.75 feet as measured along said East line from the Northeast
corner thereof; thence South 88 degrees 16 minutes 30 seconds West, a distance of
833.86 feet, more or less to intersect said center line of County State Aid Highway
No. 13, and there terminating, together with and subject to that part taken for said
highway.
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EXHIBIT B
Conditions:
I. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND
EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING.
4. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
5. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. THE SITE BE ASSESSED FOR TRUNK SEWER AND WATER AT THE
2004 RATE OF $6,955.21 AND THIS REQUIREMENT BE INCLUDED IN
THE DEVELOPERS AGREEMENT.
7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
8. 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.
9. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED
JUNE 16, 2004 SHALL BE ADDRESSED.
10. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND
AND THE WETLAND MITIGATION AREAS.
II. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND
AND THE WETLAND MITIGATION AREAS.
12. A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
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13. THE CITY ENGINEER'S COMMENTS OF JUNE 17, AND AUGUST 2, 2004
BE INCORPORATED INTO THE PLANS.
14. I 88TH LANE SHALL BE EXTENDED THROUGH OUTLOT I TO THE
EASTERLY EDGE OF THE PLAT AND THE DEVELOPER SHALL PAY
THEIR FAIR SHARE OF THE CROSSING OF TROTT BROOK.
15. THE STREET NAMES SHALL BE REVISED AS INDICATED.
16. OUTLOT A SHALL BE PROVIDED AS RIGHT OF WAY OR SHALL BE
DIVIDED AND COMBINED WITH LOT 3, BLOCK I, LOT I, BLOCK 2
AND STREET C TO AVOID CREATING A SPITE STRIP.
17. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
18. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
19. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
20. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
21. ALL MAILBOXES BE CLUSTERED.
22. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
23. 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 THE FENCING PRIOR TO GRADING COMMENCING.
24. 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.
25. OUTLOT I SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL
NOT RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR
STORMWATER PONDS LOCATED IN OUTLOT I. IF THE LAND AREA
OF OUTLOT I DOES NOT MEET THE ORDINANCE REQUIREMENTS,
THE REMAINDER SHALL BE MET WITH CASH DEDICATION.
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26. THE DEVELOPER SHALL CONSTRUCT, AT NO COST TO THE CITY
THE TRAILS, RETAINING WALLS, AND WETLAND CROSSING
LOCATED IN OUTLOT I.
27. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS.
28. IF BECKER TRAIL CANNOT BE EXTENDED DUE TO ENVIRONMENTAL
CONCERNS THEN THE PRELIMINARY PLAT MUST REFLECT THE
ORIGINAL PROPOSED PRELIMINARY PLAT DATED MARCH 29, 2004,
WITH A CUL-DE-SAC AND SIX FEW LOTS.
29. DEVELOPER MUST PROVIDE ADEQUATE ACCESS TO ERTEL
PROPERTY FROM STREET A.
30. FUTURE PHASES OF THE DEVELOPMENT SHALL BE DEPENDENT
UPON THE REALIGNMENT OF TYLER STREET NORTH OF COUNTY
ROAD 13.
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