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Member Thies introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.98-73
RESOLUTION GRANTING PRELIMINARY APPROVAL
FOR THE PLAT OF ELM CREEK KNOLL
WHEREAS, Gary Boster (the "Applicant") is the fee owner of land in Medina located
generally south of Hamel Road and east of the southerly projection of Pinto Drive (the "Subject
Property"), which land is legally described in Exhibit A attached hereto; and
WHEREAS, the Applicant has requested approval to plat the Subject Property into seven
lots for the purpose of constructing two family dwellings; and
WHEREAS, this matter was considered by the planning commission on several occasions,
most recently on October 13, 1998; and
WHEREAS, the city council reviewed the proposed plat of the Subject Property at its
meeting on November 17, 1998.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that preliminary approval be granted to the Applicant for the plat of Elm Creek Knoll,
subject to the following terms and conditions:
1. The Applicant must establish a home owners' association to which all lot owners
will belong and the homeowners' association documents must be reviewed and
approved by the city attorney;
2. The final plat must dedicate to the public the utility and drainage easements required
by the city engineer;
3. The Applicant must enter into a private road agreement acceptable to the city
attorney which provides for the ownership and maintenance of the roads on the
Subject Property but provides access to the public over the same for emergency
purposes;
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4. The N.U.R.P. pond and the wetlands to the south of the lots must be included in an
outlot to be owned by the homeowners' association.
5. The design of the private roads and the configuration of the outlot upon which they
are located must be acceptable to the city engineer;
6. The Applicant must provide for vehicular access for the owner of the property to the
west of the Subject Property which currently does not have legal access. Access
must be accomplished by means of an instrument satisfactory to the city attorney;
7 The Applicant must install an additional fire hydrant on the line between proposed
lots 2 and 3;
8. The homeowners' association shall be required to maintain all roads within the plat,
including the portion of Pinto Drive owned by the city and extending southward
from Hamel Road to the northern line of the Subject Property;
9. The plat must be approved by the Elm Creek Watershed District;
10. All private roads must be constructed to standards approved by the city engineer;
11. The Applicant must pay to the city a park dedication fee in the amount determined
by the city assessor;
12. The Applicant must install a stop sign at the intersection of the southerly extension
of Pinto Drive and Hamel Road;
13. The Applicant must ensure that at least two trees a minimum of 2" in diameter are
planted on each lot prior to occupancy of the dwelling;
14. The Applicant must submit a final plat to the zoning administrator within 180 days
of the date of this resolution or the approval hereby granted shall be null and void.
The final plat must be in conformance with all city ordinances and standards and the
requirements of this preliminary plat approval;
15. The Applicant must execute a development agreement satisfaction to the city
attorney to ensure completion of all necessary improvements; and
16. The Applicant must pay the city an administrative fee in an amount necessary to
reimburse the city for the cost of reviewing and approving this application.
Dated: December 15, 1998.
Paul Robinson, Clerk -Treasurer
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The motion for the adoption of the foregoing resolution was duly seconded by member Johnson
and upon vote being taken thereon, the following voted in favor thereof
Ferris, Hamilton, Johnson Thies, and Zietlow
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
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