00-089 RES RESOLUTION NO. 00 - 89
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Oak Hill
Case No. P 99-9
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 October 18, 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:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms to 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.
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.
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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 estabhshed by judgment of a court.
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 comphed 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 Member Thompson The following voted in favor
of the Resolution:
Councilmembers Farber, Dietz, and Thompson; Vice Mayor Motin
The following voted against the Resolution:
None
The following were absent:
Mayor Klinzing
WHEREUPON the resolution is adopted.
Passed and adopted this 16th day of October, 200J)f") ~ //f
Paul Motin, Vice-Mayor
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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
~,~py~of the resolution as adopted by the City Council of the City of Elk River on
~/~ /C, 2000.
WITNESS ~ry ha,nd officially as such Clerk and the corporate seal of the City
this ~__~ay of ~/~ ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~ The foregoing instrument was acknowledged before me this ~_~ay of
5/~-54-~/ , 2000, by Paul Motin, Vice-Mayor, City of Elk River, Minnesota.
Notary Public 52
STATE OF MINNESOTA
SS ~~'AY H'''JEsNER
COUNTY OF SHERBURNE ~ ~~ir~
/~' · The foregoing instrument was acknowledged before me this
(~./?~e/)c ~f J, 2000, by Sandra Peine, City Clerk, City of Elk River, Min~ta.
THIS INSTRUMENT WAS DRAFTED BY:
GRAY, PLANT, MOOTY, MOOTY AND BENNETT
PETER BECK
3400 CITY CENTER
33 SO SIXTH STREET
MINNEAPOLIS MN 55402
of
Notary Public
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EXHIBIT A
Legal Description:
The North Half of the Northeast Quarter of the Northwest Quarter in Section 29,
Township 33, Range 26,
And
The South Half of the Northeast Quarter of the Northwest Quarter in Section 29,
Township 33, Range 26,
And
That part of the North Half of the Northeast Quarter of Section 29, Township 33,
Range 26 lying westerly of the westerly right-of-way of Meadowvale Road, Section
29, Township 33, Range 26, Sherburne County.
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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 fLAT.
2e
THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY FO THE SUCCESS OF THE
WETLAND MITIGATION ON THE DEVELOPER.
3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR
TO FILLING ANY WETLANDS.
THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH
THE RECORDING OF THE FINAL PLAT.
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THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE
COST OF THE MITIGATION WORK.
THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON
THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION
WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY
STAFF PRIOR TO RELEASING THE LETTER OF CREDIT.
7. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO. 1 BE
OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT.
9. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
10. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
11. THAT DEVELOPER PROVIDE SCREENING ALONG COUNTY ROAD I IN A
LANDSCAPE EASEMENT TO BE RECORDED WITH THE COUNTY AGAINST
THESE LOTS WITH THE RECORDING OF THE FINAL PLAT.
12. THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK
AND OUTLOT B AS PART OF THE PLAT IMPROVEMENTS IN THE FIRST
PHASE AND CONSTRUCTED TO CITY STANDARDS.
13. THAT 5 ACRES OF LAND BE ACCEPTED AS DEDICATED PARK LAND AND
THE REMAINING DEDICATION REQUIREMENTS BE ACCEPTED AS CASH IN
LEIU OF LAND IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL AND PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY
ORDINANCE.
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15. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO
ISSUANCE OF BUILDING PERMITS.
16. THAT LANDSCAPING PLAN BE SUBMITTED THAT SHOWS THE REQUIRED
STREET AND YARD TREES AND SCREENING ALONG COUNTY ROAD 1.
17. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
18. THAT TEMPORARY CUL DE SACS BE PROVIDED AS DETERMINED BY THE
CITY ENGINEER.
19. 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.
20. 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.
21. THAT A $4,900 SEALCOAT BE PAID TO THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING WITH SHERBURNE COUNTY.
22. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF
PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH
A SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR
STORAGE OF DEBRIS OR EQUIPMENT.
23. THAT PRIOR TO CONSTRUCTING A DEVELOPMENT SIGN, THE
DEVELOPER OBTAIN A SIGN PERMIT FROM THE CITY AND PROVIDE ANY
REQUIRED EASEMENTS.
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