96-012 RES RESOLUTION NO. 96- 12
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HILLSIDE CROSSING II
CASE NO. P 96-1
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 March 11, 1996; and
WHEREAS, the proposed final plat is consistent w~th 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.
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.
o
o
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.
Do
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.
Eo
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.
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 two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
Holmgren
Farber
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Scheel, Farber, and Holmgren
The following voted against the Resolution:
Councilmember Dietz
The following were absent:
None
s:\documentkresoluti\p 96-1 .doc
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this~_~--~ay of ~~._~ ,1996.
/,~n,,~' Duitsman, Mayor
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 '~2'/¢-,-~--~ ~ ,1996.
WITNE~S my hand officially as such Clerk and the corporate seal of the
City this ¢,¢Z "d'~y of ~//~ ,1996.
ndra Thackeray, City Clerk //
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this'---~- day of
xC"~c,~.¢.Z-_ , 1996, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
~ f~i~ NOTARY PUBUC-MINNESOTA ~
~ ~.o~,~.~,? SHERBURNE COUNTY ~
l~lotary Public
s:\document~resoluti\p 96-1.doc Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this c~),'~-
"7'~ '~('~,. ~.c.~ , 1996, by Sandra Thackeray, City Clerk, City of Elk
Minnesota.
ALICE K. HEINEC~- .?
.... SHERBURNE COUNTY
Notary Public
day of
River,
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
s:\document~resoluti\p96-1.doc Page
EXHIBIT A
s:\docuanentkr esoluti\p 96 - l.doc Page
o
10.
11.
12.
13.
14.
15.
16.
EXHIBIT B
ALL OF THE CITY ENGINEER'S COMMENTS OUTLINED IN THE MEMO DATED
2/23/95 BEING INCORPORATED INTO THE APPROVAL OF THE PRELIMINARY
PLAT.
APPROPRIATE EASEMENTS AS REQUESTED BY ELK RIVER UTILITIES BE
INCLUDED ON THE PLAT.
THE DEVELOPER MAINTAIN A 50 FOOT BUFFER ALONG THE NORTH LIMITS OF
THE PLAT.
PARK DEDICATION REQUIREMENTS BE PAID IN CASH AT THE TIME OF FINAL
PLAT.
A LETTER FROM ANOKA ELECTRIC STATING APPROPRIATE EASEMENTS HAVE
BEEN PROVIDED ON THE PLAT TO ACCOMMODATE THEIR EXISTING UTILITIES
ALONG THE EAST SIDE OF HIGHWAY 169.
A SIX FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ALONG THE EAST SIDE
OF EVANS STREET UP TO 197TH AVENUE, THEN ALONG THE SOUTH SIDE OF
197TH AVENUE TO HIGHWAY 169.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
A SURFACE WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL PLAT
FOR RECORDING.
ALL ENGINEERING AND LEGAL FEES BE PAID PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
A SEAL COATING BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
A NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE.
NECESSARY APPROVALS FROM MNDOT BE OBTAINED PRIOR TO
COMMENCING WORK ON-SITE.
THE FUTURE REPLATTING OF OUTLOTS MAY NECESSITATE AN INDIRECT
SOURCE PERMIT. THIS WILL HAVE TO BE CONSIDERED WITH FUTURE PLATS.
A LETTER OF CREDIT COVERING 100% OF THIS COST OF IMPROVEMENTS BE
SUBMITTED TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
s:\document~resoluti\p 96-1 .doc Page 6
17.
18.
19.
20.
UPON THE CITY ACCEPTING THE PUBLIC IMPROVEMENTS, A WARRANTY
BOND IN THE AMOUNT OF 25% BE RETAINED FOR A ONE YEAR PERIOD.
A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER
AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE
DIRECT ACCESS TO THEIR HOMES. COSTS ASSOCIATED WITH THESE
IMPROVEMENTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER.
MAINTAIN A NO CUT ZONE ALONG THE NORTH 50 FEET OF OUTLOT B. IN
ADDITION, A NO CUT ZONE SHOULD BE ESTABLISHED BEYOND THE EASTERN
EDGE OF THE PLAT FOR A DISTANCE OF 50'.
THAT 50% OF THE CITY'S SHARE OF THE SIGNALIZATION COSTS BE PAID BY
THE DEVELOPER.
s:\documentXresoluti\p 96-1 .doc Page