95-044 RES
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RESOLUTION NO. 95 -!LL
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK RIVER RETAIL CENTER
WHEREAS, application has been 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 November 21, 1994; and
e 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:
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
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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.
The proposed subdivision will not conflict with easements of record
or with easemen!s 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.
F.
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.
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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 two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
Farber
Dietz
resolution was introduced by Council Member
and duly seconded by Council Member
. The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and
Holmgren
The following voted against the Resolution: None
The following were absent: None
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WHEREUPON the resolution is adopted.
Passed and adopted this l7thdayof
,1995
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 July 17 , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this l7thday of July , 1995.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~ The foregoing instrument was acknowledged before me this .LL day of
_'A/q , 1995, by Henry Duitsman, Mayor, City of Elk River,
innesota.
.1~~~~~~?'e"~'."'~~~;"A~'"_~",,-j ,~.'-,,>
o TH.. ALICE K. HEINECKf:
l"~"'l." .. NOTARY PUBUG-MINNESOTA
· SHERBURNE COUNTY
My Comm. ExpIres Jan. 31, 2OllO
(Jltp~ *.N~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this -12- day of
~~/::t ' 1995, by Sandra Thackeray, City Clerk, City of Elk River,
nnes ta.
ALICE K. HBNECKE
NOTARY PUBUc-MINNESOTA
SHERBURNE COUNTY
My Convn. ExpIres Jan. 31, 2000
~~-N~~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
e 7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
Outlot A, Deerfield 3rd Addition, Sherburne County Minnesota
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EXHIBIT B
1.
A developers agreement be prepared and executed prior to release of
final plat for recording.
2.
Park dedication fee in the amount of 1,500 per acre be paid prior to the
release of final plat.
3.
A storm drainage impact fee in the amount of $741.60 per acre, to be
paid prior to release of final plat.
4.
Developer construct a 6-foot wide concrete sidewalk along the west
side of Dodge Avenue, from the intersection of Elk Hills Drive to the
northern limits of the proposed development.
5.
Developer pay fair share of road improvements to Dodge Avenue and
Elk Hills Drive, between Dodge and US Hwy 169. This Fair-Share
Agreement be outlined, and be made part of the developers agreement.
6.
Cross Access Parking Agreement be prepared and reviewed by the city
prior to releasing the final plat, for recording.
7. Necessary road improvements to Dodge and Elk Hills Drive be
completed prior to occupancy of any buildings within the planned unit
development.
8. Necessary drainage and utility easements be included on the plat that
correspond with the proposed improvements to Dodge Street and Elk
Hills Drive.
9. Drainage calculations be provided to the City Engineer to verify
adequate sizing of storm draina~e pond at south end of the plat.
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10. Water access charge in the amount of $300 per lot shall be paid to Elk
River Utilities prior to releasing final plat for recording. Additional
fees will need to be paid at the time of actual hook-up to the system.
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