95-078 RES
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RESOLUTION NO. 95 - --Z1!
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
HILLSIDE ESTATES 5TH ADDITION
CASE NO. P 94-6
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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 August 1, 1994; 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
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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.
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 8 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 resolution was introduced by Council Member
Farber and duly seconded by Council Member
Ho lmgren . The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, Holmgren
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
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Passed and adopted this Lday of
CERTIFICA
, 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 7/~~ ,1995.
WITNESS my hand officially as such Clerk and the corporate.seal of the
Citythi~dayof '/l~ ,1995.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this .;Lc: day of
'-{)tf{;<-u,,-kJ.v1 ,1995, by Henry Duitsman, Mayor, City of Elk River,
Minn
~.~.~/~~
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
"1)~}f AlA 11--( JI . 1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
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ALlCEk. tIIEkE
NOTMr,.. -ISOTA
S1_CGUNlY
My Cora __..... 31.2000
~.~.tJ~'LUjlz-
Notary Public
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THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
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1. A Developer's Agreement and PUD Agreement be prepared and executed
prior to releasing the Plat for recording.
2. Park dedication be provided in accordance with City Council approval.
3. Street lights be provided throughout the Plat as required by Elk River
Utilities and installed as part of the public improvements.
4. Payment of a surface water management fee in the amount of $3,460.80
prior to releasing Final Plat for recording.
5. Payment in the amount to be determined by the City Engineer be made to
the City to cover the cost of sealcoating the streets.
6. A complete grading and development plan be submitted for City review
and approval prior to issuance of any building permits.
7. The necessary drainage and utility easements be provided throughout the
plat as recommended by the City Engineer.
e 8. On those lots which are wooded, a tree protection plan be submitted
along with each building permit.
9. The conditions for granting the Planned Unit Development be
incorporated into the Developer's Agreement.
10. Prior to releasing the Final Plat for recording, all outstanding fees the
developer has with the City relating to this project be paid.
11. An improved temporary cul-de-sac be provided at the east terminus of
195th Avenue.
12. A landscape plan be provided identifying the required yard trees for each
lot in the development.
13. A water access charge in the amount of $8,400 to be paid to Elk River
Utilities prior to recording the plat. Developer should consult with Elk
River Utilities for any additional fees.
14. Comments from Northern Natural Gas be incorporated into the
e Developer's Agreement.
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