04-063 RES
RESOLUTION NO. 04 - 63
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Woodland Hills
Case No. P 04-02
WHEREAS, application has been made for fmal plat approval, pursuant to Article
V. Section 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
June 21, 2004; 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 CI1Y COUNCIL OF THE
CI1Y 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 suLdivision 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.
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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 Morin. The following voted in favor of the
Resolution.
Mayor KJin'(jng, Counciimembers Diet" 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 16h day of August, 2004.
. ,
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CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the 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.
(
'"
J an chmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 16th day of August,
2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
,...;....;.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 16th day of August,
2004, by Joan Schmidt, City Clerk, City of Elk River, M' sota.
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EXHIBIT A
Legal Description:
That part of the North Half of the Northeast Quarter (Nl/2 ofNE1/4) of Section
Twenty-rune (29), Township 33, Range 26, lying Easterly of the center line of
Sherburne County State Aid Highway #1 as presendy located and established and
Northerly of the South 36 rods thereof and Westerly of the following described line:
Commencing at the intersection of the center line of said Sherburne County
State Aid Highway #1 with the North line of said Section 29; thence Easterly
on and along the North line of said Section 29 a distance of 600 feet to the
point of beginrung of the line to be described; thence South 21 degrees 09
rnmutes 30 seconds East to the North line of the South 36 rods of the North
Half of the Northeast Quarter (Nl/2 of NE1/ 4) of said Section 29 and there
terrnmating.
Excepting therefrom the North 380.00 feet thereof.
AND
That part of the North Half of the Northeast Quarter (Nl/2 ofNE1/4) of Section
Twenty-rune (29), Township 33, Range 26 lying Northerly of the South 36 rods
thereof, bounded on the West by a line commencing at a point on the North line of
said Section 29, 600 feet distant East of the intersection of said North line with the
center line of Sherburne County State Aid Highway #1 as presendy located and
established and runrung South 21 degrees 09 rnmutes 30 seconds East to the North
line of the South 36 rods thereof and there terrnillating.
AND
The Northwest Quarter of the Northwest Quarter of Section 28, Township 33,
Range 26 lying Westerly of railroad right-of-way.
AND
The Northerly 80 feet of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 33, Range 26 lying Westerly of railroad right-of-way.
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EXHIBIT B
Conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
2. 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.
3. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
4. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
5. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS.
7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
B. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
9. 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.
10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
14. ALL MAILBOXES BE CLUSTERED.
15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
16. 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.
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17. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
18. 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.
19. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPREESION
PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE
REMOVAL.
20. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED 5/12/04 SHALL BE
ADDRESSED.
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