RES 06-083
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RESOLUTION NO. 06- 83
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Trott Brook Farms 12th Addition
Case No. P 06-11
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
June 19,2006; 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.
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.
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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 introdubed by Council Member Gumphreynd duly
seconded by Council Member Far er. The following voted in favor of the
Resolution.
Mayor Klinzing, Council members Morin, Dietz, Farber and Gumphrey
The following voted against the Resolution: None
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of June, 2006.
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Legal Description:
EXHIBIT A
Oudot A, Trott Brook Farms Seventh Addition, according to the recorded plat thereof,
Sherburne County, Minnesota
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EXHIBIT B
Conditions:
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1. All comments of the City Engineer be addressed.
2. 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.
3. A letter of credit be provided to the city in the amount of 100% of the costs of
public improvements.
4. Upon completing all of the improvements and having them accepted by the
city, a warranty bond in the amount of25% of the improvement costs shall be
submitted to the city for a one year period.
5. 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.
6. Seal coat fee in the amount to be determined by the city engineer be paid to
the city prior to releasing the plat for recording.
7. The necessary drainage and utility easements be dedicated on the plat as
required by the city.
8. All appropriate wedand permits must be obtained prior to commencing work
on the site.
9. Grading and erosion control plan and development plan be submitted and
approved by 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 municipal
utilities.
12. Water availability 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. Final plat approval is conditioned upon an approval from FEMA for the map
amendment.
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