07-025 RES
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RESOLUTION NO. 07 _ 25
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk Ridge Center 4th Addition
Case No. P 06-17
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 as
Ourlot A Elk Ridge Center 20d Addition 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
February 9, 2004; 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 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 fmal plat as required by law
and shall file proof of said recording with the City. No building pennits 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 foregomg resolunon was introduced by Council Member Motin and duly
seconded by Council Member Zerwas The following voted in favor of the
Resolution:
Gouncilmembers Gumphrey, Mot in , and Zerwas
The following voted against the Resolution:
Gouncilmember Farber and Mayor Klinzing
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 20th day of February, 2007.
A~~{ ( c12
Tina Allard, City Clerk
,\;~G ~{' /v~ 6 avw~v~
Steph,jJrie A. Klinzing, Ma or
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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
resolutiop as adopted by the City Council of the City of Elk River on February 20, 2007.
WITNESS my hand officially as such Clerk and the c~rate se of the
20" day of February, 2007. ~ L
. ty this
Tina Allard, 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 2nd Addition, Sherburne County, Minnesota.
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EXHIBIT B
Conditions:
1. All comments of the City Engineer shall be addressed dated December 7,
2006.
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 of 25% 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 release be paid prior to releasing the plat for recording.
6. The necessary drainage and utility easements be dedicated on the plat as
required by the city.
7. All appropriate wetland permits must be obtained prior to commencing work
on the site.
8. Grading and erosion conttol plan and development plan be submitted and
approved by 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. Stteet lights shall be installed as recommended by Elk River municipal
utilities.
11. Park dedication shall be in the form of cash at the rate applicable at the time
of final plat approval which currently would be $11,907.
12. Appropriate cross access easements shall be approved by the city and
recorded with the plat.
13. All necessary trunk sanitary and water assessments, and lateral water
assessments be paid prior to releasing the plat for recording.