03-011 RESRESOLUTION NO. 003 - 11
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk Meadows
Case No. P 02-17
WHEREAS, application has been made for final plat approval, pursuant to Article
V. Section 30-374. 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
August 19, 2002; 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:
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.
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 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 Motin and duly
seconded by Council Member Dietz. The following voted in favor of the Resolution.
Mayor Klinzing, Council Members Dietz, Motin, Kuester, and Tveite
The following voted against the Resolution: None
The following were absent: None
WHEREUPON the resolution is adopted.
Passed and adopted this 18~h day of February, 2003.
Stephanie Klinzing, 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 February 18, 2003.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
__ day of ,2003.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day
., 2003, by Stephanie I~inzing, Mayor, City of Elk River, Minnesota.
of
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
., 2003, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
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EXHIBIT A
Legal Description:
The East 176.00 feet of the North 725.00 feet of the NE 1/4 of the NE 1/4 of Section 2,
Township 32, Range 26, Sherburne County, Minnesota
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EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
6. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
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.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
FOR FOUR LOTS 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.
10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
12.
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
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MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO
GRADING COMMENCING.
13. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR
PARK DEDICATION PURPOSES, CASH DEDICATION FOR FOUR
LOTS TO BE PAID AT THE RATE REQUIRED BY THE CITY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
14. ALL MAILBOXES SHALL BE CLUSTERED.
15. THE EXISTING SHED ON LOT 3 SHALL BE REMOVED WITHIN 6
MONTHS OF THE RECORDING OF THIS PLAT.
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