RES 05-006
.
RESOLUTION NO. 05- 06
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
JACKSON STREETVILLAS
Case No. P 04- 16
WHEREAS, application has been made for fmal 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
November 15, 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;
c.) ,
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 reqL!ired 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 o"r 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
issu.e a certified copy of this Resolution giving f~al 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 fina.l pJat 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 introduce.d by Council Member Motin and
duly seconded by Council Member D~etz . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Motin, Farber, Dietz,
and'Gumphrey
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 18th day of January, 2005
.
S:\PLANNING\CaseFiles\2004\P 04-16 Jackson St Villas \ Final Plat Resolution,doc
Page 2
.
.
.
ATTEST:
~
. dt, City Clerk
S: \PLANNING\Case Files \2004 \P 04-16 Jackson St Villas \Final Plat Resolution.doc
Page 3
.
.
.
EXHIBIT A
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF
THE WESTERLY EXTENSION OF THE CENTERLINE OF 6TH STREET
(FORMERLY PLATTED AS 8TH STREET) AS DEDICATED IN THE PLAT OF
BURRELL'S ADDITION, SHERBURNE COUNTY, MINNESOTA, SUBJECT TO
EASEMENTS OF RECORD:
THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 34, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY,
MINNESOTA, DESCRIBED AS COMMENCING AT THE POINT OF
INTERSECTION OF THE CENTERLINE OF JACKSON AVENUE (FORMERLY
KNOWN AS STATE TRUNK HIGHWAY NO. 201 AND "OLD HIGHWAY NO. 169")
WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE FOR
200.00 FEET; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR 285.70
FEET TO A POINT TO BE HEREINAFTER KNOWN AS POINT "A" FOR THE
PURPOSE OF THIS DESCRIPTION; THENCE EAST PARALLEL WITH SAID
. SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER FOR 150.00 FEET TO INTERSECT WITH THE WEST LINE OF THE
RIGHT -OF-WAY OF SAID JACKSON AVENUE, BEING A LINE 50.00 FEET, AS
. MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH SAID
CENTERLINE, SAID POINT OF INTERSECTION ALSO BEING THE ACTUAL
POINT OF BEGINNING OF THE LAND TO BE HEREBY DESCRIBED: THENCE
RETURN WEST PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER FOR.150.00 FEET TO SAID POINT
"A"; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR 14.30 FEET,
MORE OR LESS, TO INTERSECT THE NORTH LINE OF THE SOUTH 300.00
FEET, AS MEASURED AT RIGHT ANGLES, OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER; THENCE WEST ALONG SAID NORTH LINE OF
THE SOUTH 300.00 FEET FOR 200.01 FEET, MORE OR LESS, TO INTERSECT A
LINE 400.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, SAID
CENTERLINE OFJACKSON AVENUE; THENCE NORTH PARALLEL WITH SAID
CENTERLINE FOR 1039.77 FEET, MORE OR LESS, TO INTERSECT THE NORTH
LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE EAST ALONG SAID NORTH LINE FOR 350.03 FEET, MORE OR LESS,
TO INTERSECT SAID WEST LINE OF THE RIGHT -OF -WAY OF JACKSON
AVENUE: THENCE SOUTH ALONG SAID WEST LINE OF THE RIGHT -OF -
WAY FOR 1056.71 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
S: \ PL1\NNIN G \ Case Files \2004 \p 04-1 (, Jackson St Villas \Final Plat Resolutioruloc
Page 4
.
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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED' BY THE
CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
4. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY
THE CITY BE PAID'TO ELK RIVER MUNICIPAL UTILITIES PRIOR
TO RELEASING THE PLAT FOR RECORDING.
5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF THE PUBLIC
IMPROVEMENTS.
.
6. 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.
7. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE
WETLAND AND THE WETLAND MITIGATION AREAS.
8. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE
WETLAND AND THE WETLAND MITIGATION AREAS.
9. A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
10. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED
INTO THE PLANS.
11. THE STREET NAMES SHALL BE REVISED AS INDICATED.
12. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES
.
13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
S:\pL'\NNIN G \ Case Files \2004 \ P tN-Hi] aebon St Villas \Final Plat Resolution.doe
Page 5
.
14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
16. ALL MAILBOXES BE CLUSTERED.
17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
18. 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.
19. 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.
.
20. THE LANDSCAPE PLAN SHALL BE REVISED. THE APPLICANT
SHALL WORK WITH CITY STAFF TO AMEND THE LANDSCAPE
PLAN TO PROVIDE LANDSCAPING AROUND THE WETLAND
MITIGATION AREA AND THE TWO STORMWATERPONDS. TREES
ALONG JACKSON AVENUE SHOULD BE CHANGED TO MAPLES,
EITHER AUTUMN BLAZE OR A RED MAPLE, PLANTED 30 FEET
ON CENTER. THERE ARE SOME LOCATIONS ALONG THE
PRIVATE STREETS WHERE THERE IS ENOUGH SPACE TO PLANT
LARGER OVERSTORY TREES. OVERSTORY TREES, SIMILAR TO
THOSE PLANTED ALONG JACKSON AVENUE AND 6TH STREET
SHOULD BE PLANTED ALONG THE FRONT OF ALL THE.
TOWNHOUSES. EACH TOWNHOUSE WILL HAVE FOUNDATION
PLANTINGS. INDIVIDUAL UNIT LANDSCAPE PLANS SHOULD BE
PROVIDED.
21. THE SIDEWALK IN FRONT OF UNITS 57-60 SHALL BE SHIFTED TO
THE NORTH SO THAT IT ABUTS THE FRONT PROPERTY LINE OF
THOSE UNITS.
.
22. THE BUILDING ELEVATIONS SHALL BE REVISED SO THAT THE
BRICK IS EXTENDED AROUND THE SIDES OF THE BUILDINGS.
23. IN ORDER TO CONTINUE THE ROW STYLE~ LOOK AND PROVIDE
ACCESS TOTHE FRONT OF THE UNITS, SIDEWALKS SHALL BE
INCLUDED ALONG THE FRONT OF ALL OF THE UNITS. EACH
UNIT SHALL HAVE A WALK CONNECTING THE FRONT STEPS TO
THE SIDEWALK. SIDEWALKS SHOULD ALSO BE PROVIDED
S:\pLANNING\Case.Fib\2004\P 04-16 Jackson St Villas\Final Plat Resolution:doc
Page G
.
BETWEEN THE BUILDINGTO PROVIDE ACCESS FROM THE
DRNEWAYSANDTHEPRNATESTREETTOTHEFRONT
ENTRANCES.
24. THE APPLICANT SHALL WORK WITH THE PARKS AND
RECREATION DIRECTOR ON A TREE PLANTING PLAN FOR
LIONS PARK. IT SHALL BE THE RESPONSIBILITY OF THE
APPLICANT TO PURCHASE AND PLANT ALL THE TREES SHOWN
ON THE AGREED UPON PLAN.
25. CROSS ACCESS AGREEMENT SHALL BE REQUIRED BETWEEN
THE APPLICANT AND ALLIANCE CHURCH FOR USE OF THE
SHARED DRNEWAY OFF OF JACKSON AVENUE.
26. APPLICANT PAY $92,000 INTO AN ESCROW ACCOUNT FOR STREET
REDEVELOPMENT FOR THE GENERAL AREA OF 6TH, 7TH, 8TH
STREETS AND IRVING AVENUE.
27. $15,000 BE PAID FOR RESTRIPING OF JACKSON AVENUE.
28. PARK DEDICATION FEE AT THE CURRENT RATE AT THE TIME
OF FINAL PLAT PER UNIT FOR THE ADDITIONAL 23 UNITS TO BE
BUILT BE PAID.
.
29. APPLICANT EXECUTE A PUD AGREEMENT INCORPORATING
THESE FINDINGS AND CONDITIONS IN ORDER FOR THE PUD
ZONING CHANGE TO BECOME EFFECTNE.
29. THE DEVELOPER WORK WITH THE PARKS AND RECREATION
DIRECTOR ON ESTABLISHING APPROPRIATE TRAIL
CONNECTIONS INTO LIONS PARK.
.
S:\pLANNING\Case Filcs\2004\P 04-16 Jackson St Villas \ Final Plat Resolution.doc
Page 7
.
.
.
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
Notice is hereby given that the City Council of the City of Elk River, Minnesota
(the "City"), will meet at the Council Chambers of City Hall, 13065 Orono Parkway in the City
at 0:30 p.m. on Tuesday, Febmary 22, 2005, to consider the proposal of The Church of St.
Andrew, a Minnesota nonprofit religious corporation (the "Borrower"), that the City allow the
financing of the non-religious portions of the renovation and equipping of, and constmction of
additions to, a school for kindergarten through 6th grade known as St. Andrew School, owned
and operated by the Borrower and located at 428 Irving Avenue in the City (the "Project")
through the issuance of revenue bonds, the proceeds of which will be loaned to the Borrower to
pay a portion of the costs of the Project and will be repaid by the Borrower.
The maximum aggregate estimated principal amount 6fbonds or other obligations
of the City to be issued to finance the Project is $1,500,000.
The bonds or other obligations if and when issued will not constitute a charge,
lien or encumbrance upon any property of the City and such bonds or obligations will not be a
charge against the City's general credit or taxing powers but will be payable from sums to be
paid by the Borrower pursuant to a revenue agreement.
A draft copy of the proposed application to the Commissioner of the Department
of Employment and Economic Development, State of Minnesota, for approval of the projects,
together with all attachments and exhibits thereto, is available for public inspection from 8:00
a.m. to 4:30 p.m., Monday through Friday, at the City Hall in the City.
Comments concerning these applications may be presented at the public hearing
or filed with the City Clerk until 4:30 p.m. on the day of the hearing. Each response will be
considered before. any formal action is taken by the City Council. If there are questions
concerning these applications call the City Clerk at (763) 635-1000.
Joan Schmidt, City Clerk
Dated this 26th day ofJanuary, 2005.
S:IResolutions\2005 ResolutionslUnopprovedlSt. Andrews Resolution PH.DOC
.
.
.
CITY OF ELK RIVER
RESOLUTION NO. 05-08
A RESOLUTION CALLING FOR A PUBLIC HEARING
ONA PROPOSAL FOR A PRIVATE SCHOOL FACILITY PROJECT
PURSUANT TO MINNESOTA LAW, AND AUTHORIZING
PREPARATION AND PUBLICATION OFA NOTICE OF THE HEARING
WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), gives
municipalities the power to issue revenue bonds for the purpose of the encouragement and
development of economically sound industry and commerce to prevent so far as possible the
emergence of blighted and marginal lands and areas of chronic unemployment; and
WHEREAS, the City Council of the City of Elk River, Minnesota (the "City"), has
received from The Church of St. Andrew, a 501(c)(3) non-profit Minnesota corporation (the
"Borrower"), a proposal that the City assist in financing the non-religious portion of a school
project hereinafter described, through the issuance of its private school facility revenue bonds
(which may be in theJorm of a single debt instrument) (the "Bonds") pursuant to the Act; and
WHEREAS, before proceeding with consideration of the request of the Borrower it is
necessary for the City to hold a public hearing on the proposal pursuant to Section 469.154,
Subdivision 4, of the Act; and
WHEREAS, Briggs and Morgan, Professional Association, Minneapolis and St. Paul,
Minnesota, acting as bond counsel ("Briggs") prepared, at the direction of City staff, a notice of
public hearing describing the general nature of the proposal and an estimate of the principal
amount of Bonds to be issued to finance the proposal in the form hereto attached.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River,
Minnesota, as follows:
1. A public hearing on the proposal of the Borrower will be held at the time and
place set forth in the notice of public hearing hereto attached.
2. A draft copy of the proposed application to the Commissioner of the Department
of Employment and Economic Development, State of Minnesota, for approval of
the project, together with proposed forms of all attachments and exhibits thereto,
shall be placed on file in the office of the City Administrator upon publication of
the notice of public hearing,
3.
The City Administrator is hereby authorized and directed to cause the notice of
the public hearing to be published once in the official newspaper of the City, a
newspaper of general circulation available in the City, not less than 14 days nor
S:IResolutionsl2005 ResolutionslUnapprovedlSI. Andrews Resolution PH.DOC
.
.
.
more than 30 days prior to the date fixed for the hearing, substantially in the form
of the attached notice of public hearing.
Adopted this 18th day of January, 2005,by the City Council of the City of Elk River, Minnesota.
ATTEST:
UA".
/' '. // ,
\"/". /1 i /t ' / ~
'!L#~4L/! I. .
idt, City Clerk
S:IResolutionsl2005 ResolutionslUnapprovedl& Andrews Resolution PH.DOC