98-040 RESRESOLUTION NO. 98 - 40
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
RIVERPLACE
Case No. P 97-15
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 17, 1997; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
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.
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.
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.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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.
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.
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
Farber
Holmgren
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman
Council Members:
Farber, Holmgren, Dietz, and Thompson
The ~llowingvoted againstthe Resolution:
None
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
adopted this ,~z~ ~'ay of ~
Passed
and
, 1998.
//iZl~n~)ultsman, Mayor
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
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 cop, D~ of_thee resolution as adopted by the City Council of the City of Elk
River on ('~ ~,2~ ,1998.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~day of ~,L,~ ,1998.
/
Sandra Thackeray, City Cler~
/
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
(~~ , 1998, by Henry Duitsman, Mayor, City of Elk River,
M~nnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
/-) The foregoing instrument was acknowledged before me this ~
("..,/.o~.~ , 1998, by Sandra Thackeray, City Clerk, City of Elk
· k
M~nnesota.
day of
River,
NOTARY PUBLIC-MINNESOTA
SHER~URNE COUN'iY
31, 2000
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
The East Half of the West Half of the Northeast Quarter of Section 31, Township
33, Range 26, Sherburne County, Minnesota.
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EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF ALL THE IMPROVE/V~ENTS.
COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 19'77, BE
ADDRESSED AND INCORPORATED INTO THE PLANS.
o
DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH
ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT
FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION.
WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER
MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER
CONNECTION FEES.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $8,123.71 BE PAID PRIOR
TO RECORDING THE PLAT.
o
PARK LAND IN THE AMOUNT OF 1.8 ACRES BE DEDICATED WITH THE BALANCE OF THE
PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH IN THE AMOUNT OF
$11,888.00. THE 1.8 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY
PONDING AREA.
A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST
PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE
BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND
LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMITTED PRIOR TO RELEASING THE
PLANT FOR RECORDING.
8. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE.
o
A COMPLETE GRADING, DRAINAGE, AND EROSION CONTROL PLAN BE APPROVED
BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE.
10. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.
11.
APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS
THEIR REQUIREMENTS.
12. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT.
13.
A DEVELOPMENT PLAN BE PROVIDED, REVIEWED, AND APPROVED BY THE CITY
ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
14.
THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL
REQUIREMENTS OF THESE ORIDNANCES BE MET.
15. EROSION CONTROL SHALL BE PROVIE~D ALONG THE BANK OF THE ELK RIVER.
'16.
THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO ENSURE THE
FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL
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DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET, OR THE
DEVELOPER MAY PROVIDE THEIR ESTIMATE FOR CONSIDERATION. IF THE STREET IS
NOT UPGRADED WITHIN 3 YEARS FROM THE TIME OF FINAL PLAT APPROVAL OR
ALONG WITH THE DEVELOPMENT OF THE PROPERTY IMMEDIATELY TO THE EAST;
WHICHEVER OCCURS FIRST, THE FINANCIAL SECURITY SHALL BE RETURNED TO THE
DEVELOPER.
17.
ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE
TIME OF CERTIFICATE OF OCCUPANCY.
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