01-039 RESRESOLUTION NO. 01 - 39
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mississippi Ridge
Case No. P 01-06
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 March 19, 2001; 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 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.
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.
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 established 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 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
Tveite and duly seconded by Council Member
Uietz The following voted in favor of the Resolution.
Mayor Klin~.ing, Councilmember Tveite, Councilmember Dietz,
Councilmember Motin, Councilmember Kuester
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ~/~Z~'day of ~-~.~ ,2001.
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 ,--~'~ .... ,, /~¢' ,2001.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /~"~day of ~"~_.__,, ,2001.
S~ndra Peine, ~ty Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 18
, 2001, by Stephanie
Minnesota.
Klinzing, Mayor,
Notary Public
City of Elk
day of
River,
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ].8 day of
June ,2001 by Sandra Peine, City Clerk, City/of Elk River, Mi, P,"~sota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
That part of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section
Eleven (11), Township Thirty-Two (32), Range Twenty-Six (26), Sherburne County,
Minnesota, lying west of the Westerly line of the right-of-way of United States Highway
No. 10 according to MINNESOTA DEPARTMENT OF TRANSPORTATION
MONUMENTATION PLAT 71-MI filed as Instrument No. 15831, files of the Sherburne
County Recorder. Except the north 2 rods (33.00 feet), as measured along the West
line, of said Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼).
Together with:
That part of the Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) of Section
Eleven (11) Township Thirty-Two (32), Range Twenty-Six (26), in Sherburne County,
Minnesota described as follows:
Beginning at the point of intersection of the North line of said Southwest Quarter
of the Northwest Quarter (SW ¼ of NW ¼) with the Westerly line of the right-of-
way of United States Highway No. 10 according to MINNESOTA DEPARTMENT
OF TRANSPORTATION MONUMENTATION PLAT NO. 71-MI filed as
Instrument No. 15831, files of the Sherburne County Recorder, said point of
intersection also being 598.90 feet West, as measured along said North line,
from the Northeast corner of said Southwest Quarter of the Northwest Quarter;
thence southeasterly along said Westerly line of the highway right-of-way along a
curve with a radius of 7674.55 feet, for a central angle of 5 degrees, 02 minutes,
49 seconds, and a distance of 676.01 feet to the MnDOT Monument No. S-9
according to said PLAT NO. 71-MI; thence South 7 degrees 43 minutes, 00
seconds East tangent to said curve and along said Westerly line of the highway
right-of-way for 23.40 feet; thence on a bearing of West parallel with said North
line for 400.00 feet; thence North 10 degrees, 07 minutes, 15 seconds West for
699.17 feet, more or less, to intersect said North line at a point thereon a
distance of 400.00 feet of said Point of Beginning; thence on a bearing of East
along said North line for 400.00 feet to said Point of Beginning. Subject to
easements, if any.
For the purposes of this description the North line of said Southwest Quarter of the
Northwest Quarter (SW ¼ of NW ¼) is assumed to bear due East and West.
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EXHIBIT B
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL COMMENTS AND CONDITIONS INCLUDED IN THE BUILDING AND
ZONING ADMINISTRATOR'S MEMO OF FEBRUARY 27, 2001 BE
INCLUDED AND ADDRESSED AS FOLLOWS:
WETLAND CONDITIONS;
· TEP REVIEW AND RECOMMENDATION PRIOR TO COUNCIL FINAL
ACTION ON THE REQUEST.
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED ON THE MITIGATION AREAS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES
LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE
SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER.
· THE LETTER OF CREDIT, WHICH COVERS PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE PROJECT, ALSO INCLUDES THE COST OF
THE MITIGATION WORK.
· THE DEVELOPERS 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 THE RELEASE OF THE
LETTER OF CREDIT.
SHORELAND CONDITIONS:
· THE DEVELOPER GAINS APPROVAL FOR WHAT VEGETATION IS
REMOVED FROM THE BLUFF BY CITY STAFF.
· A THIRTY (30) FOOT SETBACK FROM THE TOP OF THE BLUFF IS
REQUIRED.
· THAT MINIMAL TOPOGRAPHICAL ALTERATION OF THE BLUFF
AND WITHIN THE TWENTY (20) FOOT BLUFF IMPACT ZONE TAKES
PLACE (ALTERNATIONS APPROVED BY CITY STAFF) AND THAT
EROSION CONTROL AND RE-VEGETATION IS REQUIRED.
WILD AND SCENIC RIVER DISTRICT CONDITIONS:
· THAT THE EXTERIORS OF THE TOWNHOMES ARE DONE IN EARTH
TONES TO HELP THEM BLEND IN WITH THE NATURAL
ENVIRONMENT.
· GLARE FROM THE DEVELOPMENT IS REQUIRED TO BE DIRECTED
AWAY FROM THE RIVER.
· THAT SlGNAGE FOR THE COMMERCIAL PORTION OF THE
PROPOSAL IS NOT VISIBLE FROM THE RIVER (THIS CONDITION
MAY BE MORE DIFFICULT FOR THE PROPOSED RESTAURANT ON
THE SOUTH END OF THE DEVELOPMENT DUE TO THE
DEFORESTATION OF THE ADJACENT BLUFF LINE).
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=
=
10.
12.
13.
14.
15.
FLOODPLAIN CONDITIONS:
THAT THE CITY ENGINEER DETERMINES THE ADEQUACY OF
STORM WATER SEDIMENTATION AND RETENTION FOR THE
DEVELOPMENT AND THAT NO SEDIMENTATION IS ALLOWED IN
THE FLOODPLAIN.
YALE STREET BE CONNECTED TO ZANE STREET ON THE NORTH.
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
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 THE PERIOD OF ONE YEAR.
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.
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
A TRAIL EASEMENT BE DEDICATED ALONG THE SOUTH SIDE OF
171sT AVENUE. ALSO A TRAIL EASEMENT BE DEDICATED WEST
TOWARD THE MISSISSIPPI RIVER.
A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
ALL MAILBOXES BE CLUSTERED.
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16.
17,
18.
19.
20.
21.
22.
A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING
THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW
FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR
STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL
INSPECT FENCING PRIOR TO GRADING COMMENCING.
ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
APPROVAL OF DESIGN/DEVELOPMENT GUIDELINES FOR THE
COMMERCIAL LOTS SHALL BE APPROVED BY THE CITY COUNCIL.
ONCE A BUILDER HAS BEEN IDENTIFIED FOR THE TOWNHOMES, A
CONDITIONAL USE PERMIT BE APPROVED FOR THE SITE PLAN AND
TOWNHOME DESIGN OF ALL 22 UNITS PRIOR TO ISSUANCE OF A
BUILDING PERMIT.
THAT BANKED WETLAND CREDITS ARE PURCHASED AND
PROPERLY REGISTERED WITH THE BOARD OF SOIL AND WATER
RESOURCES PRIOR TO FILLING THE WETLAND IN QUESTION.
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