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97-047 RES RESOLUTION NO. 97 -/~7 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: LAFAYETTE WOODS 2"D ADDITION Case No. P 97-9 WHEREAS, application has beer 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 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 19, 1995; 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: Ao The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. Bo 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. o o Co 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. 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. 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 ~regoing Thompson Holmgren resolution was introduced by Council Member - and duly seconded by Council Member The following voted in favor of the Resolution. Councilmembers Thompson, Holmgren, and Dietz The ~llowing voted againstthe Resolution: None - Mayor Duitsman Abstained The following were absent: Councilmember Farber \\elkriver\sys\shrdoc\document\resoluti\p97-9-doc WHEREUPON the resolution is adopted. Passed and adopted this //¢ ~ay of. ~~-] , 1997. / ///~[n~uitsm~, 'Mayor 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~,,Y'y/_~,.~ /' ~ , 1997. / WITNESS my hand officially as such Clerk and the corporate seal of the City this ~z~'~day of ~ ,1997. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ./¢¢'/~day of ~¢.~ , 1997, by Henry Duitsman, Mayor, City of Elk River, Minnesota. Notary Public \\elkriver\sys\shrdoc\document\resoluti\p9%9.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE ~..)~The foregoing instrument was acknowledged before me this/c~:~ day of ~...,~ , 1997, by Sandra Thackeray, City Clerk, City of Elk River, Minnesotg. ~~~~~ Nota~ Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 \\elkriver\sys\shrdoc\document\resoluti\p97-9.doc EXHIBIT A Outlot D and Outlot F of the duly recorded plat of Lafayette Woods, Sherburne County, Minnesota k\elkriver~xsys\shrdoc\document\resoluti\p9 7-9.doc o o o 10. 11. 12. 13. 14. EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING TERMS AND CONDITIONS FOR PLAT APPROVAL. ALL OF THE CONCERNS AND COMMENTS OUTLINED BY THE CITY ENGINEER BE ADDRESSED AND INCORPORATED INTO THE FINAL PLANS FOR THE DEVELOPMENT. A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH THE COUNTY. A SEALCOATING FEE IN THE AMOUNT DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEE BE PAID ON A PER LOT BASIS. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. PRIOR TO ISSUANCE OF A BUILDING PERMIT, A GRADING AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. DEVELOPER PAY ANY OUTSTANDING LEGAL AND ENGINEERING FEES ASSOCIATED WITH THE REVIEW OF THIS PLAT PRIOR TO RECORDING THE PLAT WITH THE COUNTY. A LETTER OF CREDIT IN THE AMOUNT REQUIRED BY THE CITY TO COVER THE COSTS OF IMPROVEMENTS SHALL BE SUBMrFrED PRIOR TO RELEASING THE PLAT FOR RECORDING. SIDEWALKS SHALL BE INSTALLED ALONG UPLAND AVENUE FROM COUNTY ROAD NO. 1 TO THE TERMINUS OF UPLAND AVENUE. A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE CITY COUNCIL PRIOR TO THE FINAL PLAT APPROVAL OF THAT PHASE CLOSEST TO RIDGEWOOD SUBDIVISION. APPROPRIATE WETLAND PERMITS BE OBTAINED PRIOR TO CONSTRUCTION OCCURRING WITHIN OR ADJACENT TO WETLAND AREAS. CLEAN UP DEBRIS AROUND SITE OF FORMER BRADY HOUSE. THAT THE DEVELOPER WORK WITH THE RIDGEWOOD PROPERTY OWNERS TO ADDRESS THE SECURITY ISSUE ALONG THE NORTH LIMITS OF THE PLAT. THIS SHOULD BE PRESENTED TO THE CITY COUNCIL WITH THE NORTHERLY PHASE OF LAFAYEI'rE WOODS WHEN FINAL PLATTED. \kelkriver\sys\shrdoc\document\resoluti\p97-9.doc