00-008 RES RESOLUTION NO. 00 - 08
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Park
Case No. P 99-12
WHEREAS, application has been made fbr 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 December 20, 1999; 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:
ho
The proposed subdivision is consistent with the Zoning Ordinance
and conforms to 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.
Co
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.
Page I
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.
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 resolution was introduced by Council Member Farber and
duly seconded by Council MemberThompson. The following voted in favor
of the Resolution:
Mayor Klinzing, Councilmembers Dietz, Thompson, Farber,
and Motin
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 18th day of January, 2000.
Step~anie Khn~~
s:\documentkresoluti\res99-12.doc
Page 2
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly quahfied and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and correct
e resolution as adopted by the City Council of the City of Elk River on
, 2000.
WITNESS m~cially as such Clerk and the corporate seal of the City
this/'~e~day of~~~ ,2000.
'~a~dra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~P day of
~(~r,,~A~/ . 2000, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
,len. 31, 20,~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this /~' day of
<2~o~, 2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
GRAY, PLANT, MOOTY, MOOTY AND BENNETT
PETER BECK
3400 CITY CENTER
33 SO SIXTH STREET
MINNEAPOLIS MN 55402
s:Xdocument\resoluti\res99-12.doc
Page 3
EXHIBIT A
That part of the North Half of the Northwest Quaxtcr of Section 17, Township 33, Range 26,
Sherbume County, Minnesota, lying westerly of the centerline of County State Aid Highway No. 1.
EXCEPT the following described parcel:
All that part of the Northeast Quarter of the Northwest Quarter of said Section 17, described as
Commencing at the Northeast comer of said Northeast Quarter of the Northwest Quarter; thence
South 88 degrees 43 minutes 28 seconds West, assumed basis of bearings, along the North line
thereof for 101.44 feet to intersect the centerline of County State Aid Highway No. 1 as now laid out
and travelled, said point of intersection also being the actual Point Of Beginning of the land to be
hereby described; flaence South 31 degrees 55 minutes 54 seconds West along said centefline for
572.44 feet; thence North 58 degrees 04 minutes 06 seconds West for 367.00 feet; thence North 0
degrees 45 minutes 54 seconds East for 278.13 feet, more or less, to intersect said North line of the
Northeast Quarter of the Northwest Quarter; thence North 88 degrees 43 minutes 28 seconds East
along said North line for 610.67 feet, more or less, to the Point Of Beginning.
Subject to that part thereof taken for said County state Aid Highway No. 1 over and across the
southeasterly 50 feet thereof as measured at right angles to said centerline. Also subject to other
easements of record, if any.
Ld4\windsrk
fi1¢:7760.10-03
s:\document\resoluti\res99-12.doc
Page 4
EXHIBIT B
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION
OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO
THE PRELIMINARY PLAT.
3. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT
TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO FINAL PLAT.
4. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO. 1 BE
OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT.
5. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
6. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
THAT 12.06 ACRES OF LAND BE ACCEPTED TO FOR PARK TO SATISFY
PARK DEDICATION REQUIREMENTS AS RECOMMENDED BY THE PARK
AND RECREATION COMMISSION.
THAT A BITUMINOUS TRAIL BE INSTALLED AROUND THE PARK AND IN
THE COMMUNITY OPEN SPACE CONNECTING THE PARK TO ELK LAKE
ROAD IN THE FIRST PHASE OF THE DEVELOPMENT AND THAT THE
DEVELOPER BE REIMBURSED FOR THE COST OF THE TRAIL CONSISTENT
WITH CITY POLICY.
THAT TRAIL SIGNAGE BE INSTALLED IN THE FIRST PHASE OF THE
DEVELOPMENT INDICATING THE PUBLIC AND PRIVATE TRAIL SYSTEMS
AND THAT SIGNS SHALL CONFORM TO THE STANDARDS APPROVED BY
THE PARK AND RECREATION COMMISSION.
10. THAT AN EASEMENT BE GRANTED TO THE CITY FOR THE TRAIL THAT
PROVIDES PUBLIC ACCESS THROUGHT THE COMMUNITY OPEN SPACE
CONNECTING THE PARK TO ELK LAKE ROAD.
11. THAT A TRAIL OR SIDEWALK BE CONSTRUCTED FROM OUTLOT A IN THE
PUBLIC RIGHT-OF-WAYS OF 212Tn AVENUE AND LANDERS STREET TO THE
EDGE OF THE PLAT IN THE FIRST PHASE OF THE DEVELOPMENT.
12. THAT 32.46 ACRES OF LAND BE PLACED IN A CONSERVATION EASEMENT
HELD BY A QUALIFIED LAND TRUST OR OTHERS AS APPROVED BY THE
CITYo
13. THAT 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.
s:\document\resoluti\res99-12.doc
Page 5
14. THAT A 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 WITH SHERBURNE COUNTY.
15. THAT TEMPORARY CULDESACS BE PROVIDED AS DETERMINED BY THE
CITY ENGINEER.
16. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
17. THAT A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING WITH SHERBURNE COUNTY.
18. THAT A LANDSCAPE PLAN BE PROVIDED THAT SHOWS ONE STREET TREE
PER LOT, TWO ON CORNER LOTS AND THAT THE REQUIRED YARD TREES
BE LOCATED BEHIND THE LOTS IN BLOCK 4, AND ADJACENT LOT 13.
19. THAT ALL THE MAIL BOXES IN THE DEVELOPMENT BE CLUSTERED.
20. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT
ARE TO BE PROTECTED SHALL BE FENCED WITH A SNOW FENCE AT THE
DRIPLINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF DEBRIS
OR EQUIPMENT.
21. THAT A $5,000.00 ENDOWMENT BE PROVIDED TO THE THE MN LAND
TRUST TO ENFORCE THE CONDITIONS OF THE EASEMENT, PRIOR TO
RECORDING OF THE FINAL PLAT WITH THE COUNTY.
22. THAT PRIOR TO CONSTRUCTING A DEVELOPMENT SIGN, THE
DEVELOPER OBTAIN A SIGN PERMIT FROM THE CITY.
s: \ document \ resoluti\ res99-12.doc
Page 6