RES 05-111
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RESOLUTION NO. OS_Ill
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Eagles Marsh 2nd Addition
Case No. P 05-18
WHEREAS, application has be~n made for final 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
August 20,2001; and
WHEREAS, the City Council granted an extension to the preliminary plat approval
on September 6, 2005; 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 tra~sportation, 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 Gumphrey The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin
The following voted against the Resolution:
None
The following were absent: None
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of September, 2005.
~MJC
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EXHIBIT A
Legal Description:
Outlots A, B, C and D Eagles Marsh, 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 AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
3. 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 A ONE YEAR PERIOD.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND
APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL
UTILTIIES.
12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER
ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. 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.
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15. 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.
16. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE
CITY'S PARK BOUNDARY SIGNS.
17. SIDEWALKS SHALL BE INSTALLED ALONG ONE SIDE OF EACH OF THE STREETS.
18. STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A GRADING PLAN AND TREE
PRESERVATION PLAN THAT WILL SAVE AS MANY TREES ON THE SITE AS POSSIBLE.
19. OUTLOTS BAND D SHALL BE DEEDED TO THE CITY. THE ACRES OF UPLAND AREA IN
OUTLOT B WILL BE COUNTED TOWARDS MEETING THE PARK DEDICATION REQUIREMENT.
THE REMAINDER OF THE PARK DEDICATION REQUIREMENT SHALL BE CASH.
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