RES 05-069
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RESOLUTION NO. 05- 69
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Twin lakes Estates 2nd Addition
Case No. P 05-07
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
July 19, 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 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.
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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 Farber and
duly seconded by Council Member Dietz . The following voted in favor
of the Resolution. . . .
Mayor K11nz1ng, Ccounc11members Dietz, Farber,
. Gumphrey, and Motiri
The folloWlng voted agamst the 'Kesolul1on:
None
The following were absent: None
WHEREUPON the resolution is adopted.
Passed and adopted this 20th day of June, 2005.
ATTEST:
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EXHIBIT A
Legal Description:
OudotA, Oudot D and Oudot I, TWIN LAKES ESTATES, according to the recorded plat
thereof, Sherburne County, Minnesota.
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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. 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. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
7. 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.
8. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED JUNE 16,
2004 SHALL BE ADDRESSED.
9. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND
THE WETLAND MITIGATION AREAS.
10. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND
THE WETLAND MITIGATION AREAS.
11. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS
REQUIRED.
12. THE CITY ENGINEER'S COMMENTS OF JUNE 17, 2004 BE INCORPORATED
INTO THE PLANS.
13. THE DEVELOPER SHALL PAY THEIR FAIR SHARE OF THE CROSSING OF
TROTT BROOK
14. OUTLOT D SHALL BE PROVIDED AS RIGHT OF WAY FOR TYLER STREET OR
SHALL BE DEEDED TO THE CITY TO AVOID CREATING A SPITE STRIP.
. 15. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
16. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY
ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
17. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
18. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
19. ALL MAILBOXES BE CLUSTERED.
20. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE
PLAT FOR RECORDING.
21. 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.
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22. 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.
23. OUTLOT E SHALL BE DEDICATED AS PARK. THE DEVELOPER SHALL NOT
RECEIVE PARK DEDICATION CREDIT FOR WETLANDS OR STORMWATER
PONDS LOCATED IN OUTLOT E. CASH IN THE AMOUNT OF $136,752 (2005
DOLLARS) SHALL BE PAID TO COMPLETE THE PARK DEDICATION
REQUIREMENTS.
24. ADDITIONAL TREES SHALL BE PROVIDED ON CORNER LOTS.
25. SIDEWALK EASEMENTS SHALL BE PROVIDED AS REQUIRED IN THE CITY
ENGINEER'S MEMO OF JUNE 10, 2005.
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