RES 06-007
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RESOLUTION NO. 06 - 07
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk Ridge Center 3rd Addition
Case No. P 05-20
WHEREAS, application has been 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
January 17,2006; and
WHEREAS, the proposed final plat 1S 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 CI1Y COUNCIL OF THE
CI1Y 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 Gumphrey and duly
seconded by Council Member Dietz. The following voted in favor of the
Resolution:
Mayor Klinzing, Councilmembers Morin, Dietz, Gumphrey, and Farber
The following voted against the Resolution: None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 17th day of January, 2006.
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Stephanie Klinzing, Mayor
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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 January 17, 2006.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
18th day of January, 2006.
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Joan Schmidt, City Clerk.
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State of Minnesota, County of Sherburne, and is
described as follows:
Oudot A, ELK RIDGE CENTER, 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.
4. 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.
5. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED
ON THE PLAT AS REQUIRED BY THE CITY.
6. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
7. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
8. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
9. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
10. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK
RIVER MUNICIPLAL UTILTIIES.
11. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE RATE
APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL.
12. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE
PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY
THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO
RECORDING OF THE PLAT.
13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
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14. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
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