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6.3. SR 03-17-1997ITEM 6.3. ity of MEMORANDUM iver FROM: Mayor and City Council Steve Ach, City Planner_~fgz~ DATE: March 17, 1997 SUBJECT: Preliminary Plat Request by Good Value Homes (Cherrywood Hills), Public Hearing Case No. P 96-13 Issue Consider request by Good Value Homes to subdivide approximately 38 acres into 79 single family residential lots. Location The subject property is located in the northwest corner of Proctor Road and 193rd Avenue. Zoning/Land Use R lc (Single Family Residential) / MR (Medium Density Residential) Attachments · Resolution No. 9%__ · Proposed preliminary plat · Report to the Planning Commission dated February 25, 1997 · Report to the Mayor and City Council dated December 16, 1996 Background This proposed preliminary plat was presented to the Planning Commission on November 26, 1996 and February 25, 1997. One of the issues associated with the proposed plat is the future of 193rd between Proctor and County Road No. 1. Attached is a report to the Mayor and City Council dated December 16, 1996, outlining the 193rd Avenue issue. Since that memo was sent to the City Council, staff has researched the issue further. Additional information is included as part of this packet. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/P 96-13 March 17, 1997 Page 2 Overview The prehminary plat involves an area of approximately 38 acres bounded by Proctor Road on the east, 193rd Avenue on the south, and the Lafayette Woods development on the north and west. There is one single family home on the subject property which is located in the northeast corner of the parcel. The proposed prehminary plat incorporates the existing home, as the developer believes the condition of the home will fit in with the proposed subdivision. There is one exception to the plat which is approximately 2-1/2 acres in area and is located along Proctor Road. This exception has an existing home on it and is not included within the plat. The property has similar natural characteristics as the south half of Lafayette Woods, immediately to the west. The majority of the property is open with no natural vegetation. However, the north 280 feet of the property is wooded with a mixture of oaks and other mature hardwoods. Along the southern portion adjacent to the wetland complex there is a mixture of poplar trees and red twig dogwoods, along with other vegetation commonly found along a wetland complex. Attached to this report is a letter from Tim Edgeton of the County Tree Board explaining that the northern portion of the property had an oak wilt infection site approximately at the intersection of Rush Street and 194th Avenue. Apparently this has been controlled in the past by the County Tree Board, however the area is considered high risk for additional oak wilt. Once again, similar to the Lafayette Woods development, the property has varying topography. The property has a natural rise from south to north of approximately 66 feet. There is also a wetland complex which traverses the lower half of the property in a northeast-southwest direction. This wetland area captures a majority of the existing drainage from the site which it detains, with the excess running off further to the south of 193rd to another wetland complex. Streets The proposed plat has taken into consideration extending streets from the Lafayette Woods development as well as aligning the main entrance off of Proctor with Highland Road to the east. These connections have been discussed along with the Lafayette Woods development when that was reviewed by the Planning Commission and City Council. The main road extending from Proctor through the development into Lafayette Woods would also include a sidewalk as originally approved with the Lafayette Woods s:\councilXp96-13x.doc Memo to the Mayor and City Council/P 96-13 Page 3 March 17, 1997 project. This sidewalk system would ultimately continue to the east of Proctor along Highland Road ultimately connecting with Jackson. At this time there is no schedule when this sidewalk along Highland would be installed. 193rd Avenue The proposed plat shows the cul-de-sacing of 193rd Avenue approximately 300 feet west of Proctor Road. The closing of 193rd Avenue to vehicle traffic is an issue that staff originally presented when the Lafayette Woods development was brought before the Planning Commission and City Council. Although this concept has never been officially adopted by the Council, it is an idea that has been endorsed by the Park and Recreation Commission as they support converting 193rd Avenue to a pedestrian corridor from Proctor west to the main city trail (former railroad property). The City Engineer believes by closing 193rd Avenue, the "cut-through" trips will be eliminated and traffic will utilize the county road (Proctor) which will carry the traffic to County Road No. I to a future signahzed intersection. During the Planning Commission public hearings, one of the property owners immediately south of 193rd (Mrs. Carton) has expressed a concern with closing 193rd Avenue, as it may prevent access to her property for development. Mrs. Carton's property also borders County Road No. i on the south which, if necessary, could provide access to her property. However, minimizing access points onto a county road would be the preferred choice and utilize the existing local streets for access purposes. Staff has researched this further and have concluded that ff Mrs. Carton's property is developable, access to her property could be obtained from a cul-de-sac extending from the west along 193rd. This design would still achieve a pedestrian corridor while, at the same time, eliminating the cut-through traffic between Proctor and County Road No. 1. Another point worth noting regarding Mrs. Carton's property pertains to some Council action that was taken back on February 27, 1989. Basically, at that meeting, the City Council passed a resolution reducing to zero and cancehng from the assessment roll, assessments in the amount of $1,569.89 because of Mrs. Carton's request that the assessment was unjust and would create an undue burden upon her. Furthermore, the property that was assessed was determined to be unbuildable due to a large wetland complex. Therefore, staff questions Mrs. Carton's concern to have access to her property which was deemed unbuildable, along with the assessments being withdrawn. Please see the attached information in the Planning Commission report dated February 25, 1997, for further explanation of this issue. s:Xcouncil\p96-13x.doc Memo to the Mayor and City Council/P 96-13 March 17, 1997 Page 4 Pedestrian Circulation The Rush Street extension out of Lafayette Woods to Highland Road will be developed with a sidewalk extended along the west and south side. This sidewalk will continue the sidewalk from the Lafayette Woods development, connecting up with Proctor and eventually tying into a pedestrian system along Highland Road. The second pedestrian corridor which was recommended by the Park and Recreation Commission is a 30 foot wide trail corridor in the southwest corner of the development. This pedestrian corridor would follow along the side lot line for approximately 160 feet and act as an outlet for pedestrian traffic to the proposed trail corridor along 193rd. Lot Sizes The lots within the development range in size from the minimum lot size of 10,000 square feet up to 39,000 square feet. Although the lots meet the dimensional requirements set forth in the zoning ordinance, staff believes there are some adjustments to lots that should be considered: The lots along the north edge of the development which are adjacent to Lafayette Woods are predominantly 125 feet in depth. This area of the development is heavily wooded and has a varying topography. Based on the proposed grading plan, the trees in this entire area would have to be removed in order to accomplish the proposed development. Given the natural characteristics of the site and the larger lot depths in the Lafayette Woods development, staff would recommend that the lots along the north edge of this plat be increased in size to better preserve the natural topography and the existing vegetation. Throughout the plat there are lots when measured through the center of the building pad have a lot depth which is less than 125 feet. A typical lot dimension for 10,000 square foot lots is 80 feet of frontage and 125 feet of depth. The city is currently in the process of amending the ordinance to specify this lot depth requirement; therefore, all of the lots within the plat should have a minimum lot depth of 125 feet. Lots 10, 11 and 12 of Block 4 (in the southwest corner of the plat) extend into the 193rd Avenue right of way. These lots will need to be revised to remove the lot lines from 193rd. Lots 15 and 16 of Block 4 include a proposed sedimentation pond in their rear yard. There is no "fiat area" behind the homes prior to the side slopes into the pond. s:\council\p96-13x.doc Memo to the Mayor and City Council/P 96-13 March 17, 1997 Page 5 Lot 24, Block 4 is a lot which may need to be revised based on the reconfiguration of Highland Road. Basically, the geometrics of Highland Road as it intersects with Proctor will need to be modified to include a 100 ft. tangent section prior to beginning the curve of the road. This may influence the develop ability of Lot 24, resulting in its elimination. Park & Recreation Commission Recommendation The Park & Rec Commission has discussed the proposed plat and have recommended the following: · Park dedication requirements be satisfied through the payment of cash. · Developer provide a sidewalk along Proctor Avenue. · Consideration be given to cul-de-sacing the road, leaving Lafayette Woods from the north into the proposed plat, in order to safe existing vegetation. Planning Commission Recommendation The Planning Commission has reviewed the proposed plat at two separate pubhc hearings. The Planning Commission originally reviewed the plat on November 26th and postponed action on Good Value Home's request and asked the developer to address the following issues: · Status of 193rdAvenue · Tree preservation along the north · Improved traffic circulation · Sidewalk along Proctor Avenue · Status of Rush Street - utilities, common transportation/pedestrian connection with Lafayette Woods · Revise lot depths/gradingissues · Eliminate park area · Drainage issues and how they may affect adjacent properties At the February 25, 1997 public hearing, the Commission felt the developer did not address these issues adequately; therefore, recommended denying the preliminary plat request, based on the following findings: The proposed plat does not take into consideration the physical characteristics of the site such as topography and vegetation and incorporate these into the design. s:kcouncilkp96-13x.doc Memo to the Mayor and City Council/P 96-13 Page 6 March 17, 1997 2. The proposed plat has a storm drainage system consisting of some sedimentation ponds that will infringe upon rear yards of some lots making them unacceptable. The proposed plat will cause a significant amount of tree removal leading to possible erosion, increased run-off concerns and substantial environmental damage. The plat will be inconsistent with developments immediately to the north and west and may have an adverse impact on the reasonable development of those projects. The subdivision includes lots which have an inadequate lot depth according to typical design standards for 10,000 square foot lots. o Storm drainage calculations have not been submitted which are necessary to make a recommendation on the plat. Recommendation It is recommended the City Council approve Resolution No. 97-__ denying the preliminary plat request by Good Value Homes to subdivide approximately 38 acres into 79 single family residential lots (Cherrywood Hills), based on the findings outlined in the resolution. If the City Council wants to approve the preliminary plat, staff recommends the following conditions: COMMENTS FROM THE CITY ENGINEER'S MEMO DATED NOVEMBER 20, 1996, BE INCORPORATED INTO THE PLAT FOR APPROVAL. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. THIS AGREEMENT SHALL OUTLINE THE TERMS AND CONDITIONS FOR PLAT APPROVAL AS WELL AS IMPROVEMENTS. o RECOMMENDATIONS FROM THE PARK & RECREATION COMMISSION BE INCORPORATED INTO THE PLAT. THESE RECOMMENDATIONS INCLUDE A PARK DEDICATION PAYMENT IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, AS WELL AS DEDICATING LAND FOR A 30' TRAIL CORRIDOR IN THE SOUTHWEST CORNER OF THE DEVELOPMENT. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. THE DEVELOPER SHOULD CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES AND UTILITY FEES.. s:kcouncil\p96-13x.doc Memo to the Mayor and City Council/P 96-13 Page 7 March 17, 1997 5. A SURFACE WATER MANAGEMENT FEE AS REQUIRED BY THE CITY OF ELK RIVER AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE FINAL PLAT WITH SHERBURNE COUNTY. APPROPRIATE APPROVALS BE OBTAINED FOR FILLING ANY WETLANDS ON SITE. THESE APPROVALS MUST BE OBTAINED PRIOR TO FINAL PLAT APPROVAL. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN IDENTIFYING THOSE AREAS WHICH WILL BE SAVED DURING THE GRADING OF THE SITE. THE PLAN SHALL SPECIFY THE ACTIONS THAT WILL BE TAKEN TO ADEQUATELY PROTECT THESE WOODED AREAS DURING THE GRADING. AN NPDES PERMIT BE OBTAINED FROM THE MPCA PRIOR TO BEGINNING GRADING ON SITE. A GRADING PLAN BE SUBMITTED, REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO FINAL PLAT APPROVAL. THIS GRADING PLAN SHALL IDENTIFY THE EROSION CONTROL MEASURES THAT WILL BE USED DURING THE GRADING PROCESS. 10. APPROPRIATE PERMITS BE OBTAINED FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY WORK DONE WITHIN THE COUNTY RIGHT OF WAY. 11. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN WILL NEED TO BE SUBMITTED OUTLINING THE STYLE OF HOMES AND FINISHED FLOOR ELEVATIONS. THIS PLAN WILL NEED TO BE APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. 12. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 13. THE DEVELOPER WILL NEED TO PROVIDE A LETTER OF CREDIT TO THE CITY OF ELK RIVER IN THE AMOUNT OF 100% OF THE COSTS ASSOCIATED WITH IMPROVEMENTS WITHIN THE DEVELOPMENT. 14. STREET LIGHTS WILL NEED TO BE PROVIDED THROUGHOUT THE DEVELOPMENT IN LOCATIONS AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. THIS IMPROVEMENT SHALL BE INCLUDED ALONG WITH OTHER INFRASTRUCTURE (I.E., STREET, UTILITIES) 15. CLUSTERED MAILBOXES BE UTILIZED THROUGHOUT THE DEVELOPMENT. 16. A COMPLETE LANDSCAPE PLAN BE SUBMITTED FOR APPROVAL PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY. THIS PLAN SHALL INCLUDE YARD TREES AS REQUIRED PER ORDINANCE, A LANDSCAPED AREA ALONG PROCTOR, THE REQUIRED TREES ALONG THE CITY TRAIL IN THE SOUTHWEST CORNER AND POSSIBLY ADDITIONAL BOULEVARD TREES ALONG RUSH AND HIGHLAND ROAD. s:\council\p96-13x.doc Memo to the Mayor and City Council/P 96-13 March 17, 1997 17. THE PLAT BE REVISED AS FOLLOWS: 18. 19. Page 8 THE LOTS ALONG THE NORTH EDGE OF THE DEVELOPMENT WHICH ARE ADJACENT TO LAFAYETTE WOODS HAVE AN INCREASED DEPTH TO A MINIMUM OF 160'. ELIMINATE LOT 24, BLOCK 4 AND HAVE THE AREA INCLUDED AS PART OF LOTS 21, 22 AND 23 OF BLOCK 4. ALL OF THE LOTS IN THE DEVELOPMENT HAVE AMINIMUM DEPTH OF 125' AS MEASURED THROUGH THE CENTER OF THE HOUSE PAD. LOTS 15 AND 16, BLOCK 4 INCLUDE A FLAT USABLE AREA TO A LOT DEPTH OF 125' PRIOR TO BEGINNING THE SIDE SLOPES OF THE SEDIMENTATION POND. LOTS 10, 11 AND 12 OF BLOCK 4 EXTEND INTO 193RD AVENUE RIGHT OF WAY. THESE LOTS WILL NEED TO BE REVISED TO REMOVE LOT LINES FROM 193RD AVENUE. THE EXISTING HOME WILL BE REQUIRED TO OBTAIN A VARIANCE TO THE FRONT YARD SETBACK OF 30 FEET. THE CUL-DE-SAC ON 1 ?3RD AVENUE BE REDESIGNED TO TERMINATE WITHIN THE EXISTING 193RD RIGHT OF WAY AND NOT BE EXTENDED TO THE NORTH. s:kcouncil\p96-13x.doc RESOLUTION 97 - RESOLUTION MAKING FINDINGS OF FACT REGARDING THE DENYING A PRELIMINARY PLAT FOR CHERRY WOOD HILLS Case No. P 96-13 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Good Value Homes, Inc. (the Developer) applied for a Preliminary Plat to develop a residential subdivision (the Project) on certain property located at the northwest corner of Proctor and 193rd Ave. (the Property); and pursuant to Section 1008 of the Elk River City Code of Ordinances, a preliminary and final plat approval must be obtained to develop the Property as proposed by Developers; and an application for a Preliminary Plat approval was submitted to the City on October 29, 1996; and a public hearing was held on this application before the Elk River Planning Commission on November 25, 1996, at which time the Planning Commission heard a presentation on the Project, took testimony from all those present who asked to speak on the matter, and continued action on the application due to a lack of sufficient information and the need to further review significant issues regarding the plat; and the Developers subsequently made no changes to the Preliminary Plat and requested a second public hearing before the Elk River Planning Commission on February 25, 1997, at which time the Planning Commission heard a presentation on the Project, took testimony from all those present who asked to speak on the matter, and the Planning Commission, at its meeting on February 25, 1997, recommended denial of the Preliminary Plat subject to a number of findings; and the City Council held a public hearing on the application for a Preliminary Plat on March 17, 1997, at which time the City Council heard a presentation on the Project and took testimony from all those present who asked to speak on the matter; and --4 OX/NER/DEVE£OPE~ GOOD YALUE HONES. INC. 94t5 ERST RI;'ER ROAD SUITE 20l C001~1 RAI'ID.'~, HN 55~:13 I'IIONE. 7.S5--9793 SURVEYOR/EHCIHEER PASSE ENCINEERING. INC. 9445 EAST RIVER ltO~D .~tlllE 20:1 COON RAI'/D.~. .VN 55133 N SITE DATA I ; ty of River ITEM 6.1. MEMORANDUM FROM: DATE: SUBJECT: Planning Commission Steve Ach, City Planner~.c~ February 9.5, 1097 Preliminary Plat Request by Good Value Homes (Cherrywood Hills) Public Case No. P 96-13 I$$1te Consider request by Good Value Homes to subdivide approximately 38 acres into 79 single family lots. Location The subject property is located on the northwest corner of Proctor Road and 193rd Avenue. Zoning/Land Use Rlc (Single Family Residential)/MR (Medium Density Residential) Attachments · Memo from City Engineer dated February 20, 1997 · Report to the Planning Commission dated November 26, 1996 · Location Map · Zoning Map · Proposed Development Plans Background This plat was originally presented to the Planning Commission on November 26, 1996. The Commission postponed action on Good Value's request for preliminary plat approval in order to address the following issues: · Status of 193rd Avenue · Tree preservation 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Planning Commission/P 96-13 February 25, 1997 Page 2 · Traffic circulation · Sidewalk along Proctor · Rush Street - utilities, transportation/pedestrian connection with LaFayette Woods · Lot depths/gradingissues At that public hearing, there were also comments from adjacent property owners regarding storm water concerns. Attached is a letter from the city engineer briefly discussing the storm water management requirements that would have to be implemented as part of this proposed development. 193''d Avenue Another issue that received a lot of attention during the public hearing was the future of 193rd Avenue. With the LaFayette Woods plat it was briefly discussed the possibility of vacating 193rd and transforming the roadway into a pedestrian corridor. That same concept has been considered in designing the proposed Cherrywood Hills plat by cul-de-sacing 193rd Avenue a couple hundred feet west of Proctor. However, during the public hearing, the property owner immediately to the south of 193ra (Ms. Carton) expressed a concern of vacating 193ra Avenue as it would prevent access to her property for development possibilities. For the Commission's benefit, the attached map highlights the parcels that are owned by Ms. Carton. The parcel immediately to the south of the Cherrywood Hills plat is a parcel of record that contains a large wetland complex over a vast majority of the property. Since the last Planning Commission meeting staff has done some research on the status of this lot owned by Ms. Carton. Attached are minutes from Council meetings held in December of 1988 and February of 1989, discussing the assessments on this subject property for a 1981 sewer interceptor project. After hearing testimony from Ms. Carton, the Council adopted a resolution basically reducing the assessments that were placed on this property to zero because the property was deemed "unbuildable". The relevance of this new information may help in discussing 193ra Avenue, at least along the borders of the proposed Cherrywood Hills plat. Any future access into developable property that Ms. Carton currently owns south of 193ra, could be accessed by 193ra from the west. Although it is not a preferred option, there is a possibility of access off of County Road No. 1. However, this would be the last option if all others proved unacceptable. There is also a possibility, even though the preliminary plat has been approved for LaFayette Woods, that this plat could be modified to incorporate the developable portion of Ms. Carton's property if in fact it is to be developed. Therefore, staff is suggesting that the Planning Commission could make a Memo to the Planning Commission/P 96-13 February 25, 1997 Page 3 decision regarding 193rd at least along the south portion of the proposed Cherrywood Hills plat. Wetland Delineation Staff would like to review the wetland delineation on the Southeast corner of the plat. Based on our field work there is a question how the dehneation was established. This may not be an issue if the deminimis amount of ifil of wetland (5,000 square feet) is achieved on site. The storm water issue associated with filling a wetland will still have to be addressed. Revisions to the Plat Since the original meeting with the Planning Commission, staff has met with the developers a couple of times to discuss the issues raised both in the staff report to the Planning Commission as well as the Planning Commission's concerns expressed at the public hearing. The developer has gone back to the property owner to talk about renegotiating the price of the land as he indicated at the last Planning Commission meeting. Based on the inability to renegotiate the price, Mr. Peterson has elected to proceed back to the Planning Commission with the identical plat as previously submitted. In the attached report to the Planning Commission dated November 26, 1996, staff provides a full review of the proposed plat Cherrywood Hills. The following is a quick overview of concerns staff has regarding the proposed plat: · The lots sizes along the north side of the plat will require extensive grading within a heavily wooded area and be inconsistent with those lots that have been platted in the LaFayette Woods project. · There are several lots within the plat that do not have a minimum lot depth of 125 feet. This is a typical lot depth for 10,000 square foot lots. · The topography and natural vegetation along the north suggests platting slightly larger lots than the ordinance requires to preserve the natural characteristics of the site. · The geometrics of Highland Road as it matches into Proctor will need to be adjusted to provide a sufficient tangent section. · The proposed park in the center of the plat is inconsistent with the Park and Rec Commission's recommendation and should be removed from the plat. · Lots 13, 14, 18, 19, and 20, of Block 4, back up to an existing wetland and have house pads that are anywhere from 20 to 30 feet from the edge of the wetland. Memo to the Planning Commission/P 96-13 February 25, 1997 Page 4 · Lots 15 and 16 of Block 4, also have a large storm water pond in the rear yard that basically slopes away from the back of the house right down to the pond. These lots that have a newly created pond should maintain 125 feet of lot depth before beginning the slope down into the pond. * Lot 24, Block 4, does not appear to be very desirable and probably should be eliminated from the plat. · The cul-de-sac for 193rd should be redesigned allowing the street to cul-de- sac basically within the existing right-of-way. This will allow the property to the south the opportunity to subdivide at a later date also. Park and Recreation Recommendation The Park and Recreation Commission discussed the proposed plat on December 11, 1996, (see attached minutes). The Commission suggested the following: providing a sidewalk along Proctor Avenue consider cul-de-sacing the road leaving LaFayette Woods from the north into the proposed plat. Recommendation Staff is prepared to offer two recommendations for the Commission to consider. First of all, the Planning Commission could approve the preliminary plat with the following conditions: Comments from the City Engineer's memo dated November 20, 1996, be incorporated into the plat for approval. A developer's agreement be prepared and executed prior to recording the plat with Sherburne County. This agreement shall outline the terms and conditions for plat approval as well as improvements. o Recommendations from the Park & Recreation Commission be incorporated into the plat. These recommendations include a park dedication payment in the amount required by the city at the time of final plat, as well as dedicating land for a 30' trail corridor in the southwest corner of the development. A water availability charge in the amount of $300 per lot be paid to Elk River Utilities prior to releasing the final plat for recording. The developer should check with Elk River Municipal Utilities for any additional charges relative to water connection fees. o o 10. 11. 12. 13. 14. 15. Memo to the Planning Commission/P 96-13 February 25, 1997 Page 5 A surface water management fee as required by the City of Elk River be paid prior to recording the final plat with Sherburne County. Appropriate approvals be obtained for £flling any wetlands on site. These approvals must be obtained prior to final plat approval. A tree preservation plan be submitted along with a grading plan identifying those areas which will be saved during the grading of the site. The plan shall specify the actions that will be taken to adequately protect these wooded areas during the grading. An NPDES permit be obtained from the MPCA prior to beginning grading on site. A grading plan be submitted, reviewed and approved by the City Engineer prior to beginning any grading on site. This grading plan shall identify the erosion control measures that will be used during the grading process. Appropriate permits be obtained from Sherburne County Highway Department for any work done within the County right of way. Prior to issuance of any building permits, a development plan will need to be submitted outlining the style of homes and finished floor elevations. This plan will need to be approved by the City Engineer prior to issuance of any building permits. The developer reimburse the city for costs associated with reviewing this plat prior to releasing the plat for recording with Sherburne County. The developer will need to provide a letter of credit to the City of Elk River in the amount of 100% of the costs associated with improvements within the development. Street hghts will need to be provided throughout the development in locations as recommended by Elk River Municipal Utihties. This improvement shall be included along with other infrastructure. (i.e., street, utilities) Clustered mailboxes be utilized throughout the development. A complete landscape plan be submitted for approval prior to recording the plat with Sherburne County. This plan shall include yard trees as required per ordinance, a landscaped area along Proctor, the required Memo to the Planning Commission/P 96-13 February 25, 1997 Page 6 trees along the city trail in the southwest corner and possibly additional boulevard trees along Rush and Highland Road. 17. The plat be revised as follows: 0 The lots along the north edge of the development which are adjacent to Lafayette Woods have an increased depth to a minimum of 160'. Eliminate Lot 24, Block 4 and have the area included as part of Lots 21, 22 and 23 of Block 4. <> All of the lots in the development have a minimum depth of 125' as measured through the center of the house pad. Lots 15 and 16, Block 4 include a flat usable area to a lot depth of 125' prior to beginning the side slopes of the sedimentation pond. Or, consider denying the prehminary plat based on the following findings: 1. The proposed plat does not take into consideration the physical characteristics of the site such as topography and vegetation and incorporate these into the design. 2. The proposed plat has a storm drainage system consisting of some sedimentation ponds that will infringe upon rear yards of some lots making them unacceptable. 3. The proposed plat will cause a significant amount of tree removal leading to possible erosion and increased run-off concerns. 4. The plat will be inconsistent with developments immediately to the north and extending to the west and may have an adverse impact on the ultimate development of those projects. 5. The subdivision includes lots which have an inadequate lot depth according to typical design standards for 10,000 square foot lots. s:\planning\pc\p9613.doc t32~ Energy P~ Drive SL I~ul, MN 55108 P800-888-2923 Fox: 612-6~-9~46 February 20, 1997 File: 230-348-11 Mr. Steve Ach City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: CHERRYWOOD HILLS Dear Mr. Ach: E~CTI~ICA.L/MECHAN[CAL ENGINEERING; I'~/AC ~WE~ DIST~;BUTK)N S,"...~,D~. $'fSTD4 CONTRO~ OFF/CES IN: ..~NEAPOUS ~OR Er. PAUl WAS£CA Previously you have received correspondence from me dated November 20, t996, commenting on the submittal package for the proposed Cherrywood Hills Addition. Since that date, we have received no further information from the Developer or his engineer. Therefore, we have not prepared any follow-up memo for this month's Plarming Commission meeting. We have, however, received a letter form Bill Dickerson regarding storm drainage and also had a phone conversation with Lois Carton, the land owner immediately to the south concerning the same thing. I did explain to Ms. Carton that, at this time, we have received no detailed storm drainage calculations for this development. If the project proceeds, detailed storm drainage calculations will be required. I explained that we would review these calculations carefully for water quality issues, rate and volume of storm water runoff leaving the site, and affect on downstream properties. Also, I offered to meet with Ms. Carton when and if this information was provided by the Developer to review it with her. Obviously, if detailed questions are asked about this subject at next week's Planning Commission meeting, only very general answers can be provided. Sincerely, MSA, CONSULTING ENGINEERS Terry ~.. ~vlaurer, P.E. TJM:tw ~8-2007.feb An ]~qual Ol~9onuni~v 'F..mnlnver To: City of Elk River Steve Ach City Planner February 10, 1997 From: Bill Dickenson 12508 Elk Lake Road P.O. Box 266 Elk River, MN. 55330 I am writing to express a concern that I have regarding the development plan for the land to the north of mine on the other side of C.R. 1. It is my understanding that the storm water run off water from this development will drain south through Mrs. L. Carton's land on the north side ofC.R. 1 through culvert onto my land with apparently nowhere else to go. The old railroad bed ditches to the south of my property were draining this area until about 2 years ago when the southern end of the ditch was filled in. It is my thinking that if the rail bed ditch were restored to proper working order this would restore proper drainage to this entire area. Thank you for considering this matter and please contact me at your earliest convenience to further discuss what options can be considered. Sincerely, Bill Dickenson 441-4420 D. Findinqs Required. The findings necessary for City Council approval of the preliminary plat and the final plat shall be as follows: i. The. proposed subdivision is consistent with the Zoning Ordinance and conforms in all respects with all requirements of the Elk River Code of Ordinances, including the City Zoning and Subdivision Ordinances. ii. 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. iii. 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. iv. 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. v. The proposed subdivision will not cause substantial environmental damage. vi. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. vii. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighborin~ land. viii. The proposed subdivision is not premature. subdivision is premature if any of the followin~ exists: A Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. m: R ver FROM: ITEM 6.5. MEMORANDUM Planning Commission Steven B. Ach, City Planner _~,~'~_~'.// DATE: November 26, 1996 SUBJECT: Preliminary Plat Reque.st by Good Value Homes (Cherrywood Hills), Public Hearing Case No. P 96-13 Issue Consider request by Good Value Homes to subdivic[e approxim ately 38 acres into 79 single family lots. Location The subject property is located in the northwest corner of Proctor Road and 193rd Avenue. Zoninf/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Memo from City Engineer dated November 20, 1996 · Location map · Zoning map · Proposed development plans Overview The preliminary plat involves an area of approximately 38 acres bounded by Proctor Road on the east, 193rd Avenue on the south and the Lafayette Woods development to the north and west. There is one single family home on the subject property in the northeast corner of the development. The developers are planning on incorporating this house into the plat as it is in good condition and will apparently fit in with the neighborhood. There is one exception from the plat and that is an area of approximately 2-1/2 acres in 13065 Orono Parkway · P.O. Box 490 · Elk River, IvlN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City CouncflfP96-13 November 26, 1996 Page 2 size m the southeast corner. This parcel also has a single family home on the property which has access onto Proctor Road. The property has simJ_lar natural characteristics as the southern half of Lafayette Woods immediately to the west. A major/ty of the property is open with no natural vegetation. I-Iowever, the north 280 feet of the property is wooded with a mixture of oaks and other mature hardwoods. Along the southern portion adjacent to the wetland complex there is a mixture of poplar trees and red twig dogwoods along with other vegetation commonly found along a wetland complex. Attached is a letter from T/m Edgeton of the County Tree Board explaining that the northern portion of the property had an oak wilt infection site, approximately at the intersection of Rush Street and 194th Avenue. Apparently, this has been controlled m the past by the County Tree Board; however, the area is considered high-risk for additional oak wilt. The property does have varying topography which naturally rises from north to south. Overall, the property has a grade change from a Iow point on the south of 914 up towards the north to a high point of 980, a grade change of 66 feet. Streets The street layout has taken into consideration an exist-rog extension from Lafayette Woods to the north. A planned extension from Lafayette Woods to the west and the current alignment of Highland Road as it/ntersects with Proctor have also been tied together. The connection of Lafayette Woods from north and Highland Road is a hnk that was talked about with the Lafayette Woods development. This stretch of roadway will be developed with a sidewalk along one side of the road from Lafayette Woods to Proctor Avenue and ultimately, along Highland over to Jackson. There are four cul- de-sacs proposed as part of the plat, none of which exceed the maximum length of 700 feet for a cul-de-sac. It should be noted that the plat has no prov/sions for extending any streets in a northeast dJxection towards the two undeveloped parcels which will be "sandwiched" between Lafayette Woods and the proposed Cherrywood I4]]] s. As mentioned in the City Engineer's memo, the proposed I-I/ghland Road extending west of Proctor should be redesigned to include a tangent section of approximately 100 feet. This will allow for a true perpendicular intersection which is the proper geometrics for this type of intersection. The plat includes four "T" intersections. Ideally, these intersections should occur right at a property line so that headlights of oncoming vehicles shine through the yards and not into the house. Three of the four intersections s:\pl~iu g\pc\p96-13.doc Memo to the Mayor and City CouncilfP96-13 Page 3 November 26, 1996 appear to do a good job in accomplishing this, however, the intersection of 193rd Avenue and Seymour should be adjusted to offset the oncoming vehicles from the house directly to the west of Se.~unour. 193rd Avenue 193rd Avenue currently extends between Proctor Road and County Road 1 along the south boundary of the proposed plat. When the Lafayette Woods development was presented to the Planning Commission and City Council, there was some discussion regarding the closing of 193rd Avenue from vehicular traffic and converting the road into a trail corridor. This concept has been endorsed by the Park and Recreation Commission as being a natural link between Proctor and the city trail, approximately 3/4 mile to the west. The proposed plat has taken this closing of 193rd into consideration and has, therefore, provided a 340 foot cul-de-sac which will be the terminating point of 193rd. Neither the proposed Cherrywood Hills plat or Lafayette Woods have any single family lots fronting onto 193rd, therefore, any upgrading of 193rd cannot be assessed to those adjacent properties as they would receive no benefit. A majority of the property south of 193rd between Proctor and County Road 1 is identified as wetland and undevelopable. This further supports the advantages of closing 193rd and converting it to a recreational corridor. Pedestrian Circulation As mentioned earher, there will be a sidewalk along Rush Street and I-Iighland Road as it extends from Lafayette Woods to Proctor Avenue. This will extend the pedestrian system from Lafayette Woods towards Proctor and ultimately over to Jackson Road along Highland Road. The second pedestrian corridor recommended by the Park & Recreation Commission is a 30 foot trail corridor in the southwest corner. This will be an extension from Rush Court cul-de-sac to the proposed recreational corridor which is currently 193rd Avenue. Lot Sizes The lots within the development range in size from the minimum lot size of 10,000 square feet up to 39,000 square feet. The overall density of the proposed plat is 2.36 units per acre, as identified on the site data information provided by Passe Engineering. Although the lots meet the minimum lot size requirements in the Rlc district, staff behoves that there are some lots that should be adjusted. These include the following: · The lots along the north edge of the development which are adjacent to Lafayette Woods are predominately 125 feet in depth. The lots in s:\pl~,~ni,~ g\pc\p96-13.doc Memo to the Mayor and City CouncilfP96-13 November 26, 1996 Page 4 Lafayette Woods which back up to this plat are a minimum of 160 feet, therefore, it would be recommended that the lots in Cherrywood Hills have a minimum of 160 feet of depth. This increased depth ufill also increase the area where trees can be saved. Lot 24, Block 4 is a lot that ~d]_l not have a lot of usable space once it is developed. Staff would recommend that this lot be eliminated and the area be incorporated into Lots 21, 22 and 23 of the same block. Lot 16, Block 2 is an irregular shaped parcel primarily due to the location of the existing house. Not only is it irregularly shaped, the house will be left sitting on a knob overlooking all of the surrounding homes. Therefore, staff has recommended that consideration be given to relocating or reorienting this house so it will have a proper orientation towards the street and not be out of sync with the neighborhood. Lot 16, Block 2 has a lot depth through the center of the lot of approximately 100 feet. Typically, a 10,000 square foot lot has a minimum lot depth of 125 feet. Furthermore, the 100 feet does not provide a lot of flexibility when you consider the 30 foot front yard building setback, 20 foot rear yard setback, and a 50 foot building pad, equaling 100 feet. This makes it 8~f~cult to provide any additions onto the home without infrin~g into the required setbacks. Other lots with sirn{lar situations that are less than 125 feet in depth through the middle of the building pad include Lots 14, 15, and 16 of Block 3, and Lots 1, 2 and 5 of Block 4. The rear portion of Lots 15 and 16 of Block 4 include a proposed sedimentation pond. The rear yards of these two lots basically do not have much of a fiat area, rather, begin sloping down into the pond from behind the house pad. It is recommended that a fiat usable area extending behind the back of the house pad to a lot depth of 125 feet be maints~ned before beginning the side slopes of the sedimentation pond. This will stJ_U allow full basement walkouts, however, will provide for some fiat usable space in the rear yards. Some of the other lots that back up to the wetland complex have a similar situation to the two lots just described. It appears Lot 12, Block 4 extends into 193rd Avenue right of way. This should be adjusted. Grading A considerable ~mount of grading will be done on site given the roiling topography. There is also proposed to be a lot of grading in the wooded area along the north portion of the plat. As proposed in the grading plan, it is s:\pl.n~i~ g\pc\p96-13.doc Memo to the Mayor and Oity Council/P96-13 November 26, 1996 Page 5 doubtful whether any trees ~,ill remain after the grading is completed. As mentioned earher, by increasing the depth of the lots adjacent to the Lafayette Woods development there would be a much better chance of saving a corridor of trees between the two developments. Landscap lng As recommended as part of Country Crossing 3rd, it is recommended the developer install overstory trees along the trail corridor in the southwest corner. These trees shall be spaced about one every 40 feet and extend along both sides of the trail. Furthermore, front yard trees will be reqmred on every lot including two trees for all of the corner lots. This will need to be reflected on a submitted landscape plan that can be approved by the city. Other landscaping recommendations include providing a buffer of deciduous and conifer trees along the rear lots adjacent to Proctor Road. I beheve the developer of Lafayette Woods will be planting additional boulevard trees along the streets in that development where a sidewalk is planned. If that is the case, a similar planting scheme should be included within Cherry-wood t-Iflls along Rush Street and Highland Road. Park Dedication The proposed plat shows a 17,000 square foot park in the middle of the development. The Park & Recreation Commission has recommended that there be no park land dedicated as part of this project. The Paxk & Recreation Commission has recommended payment of cash along with the dedication of the trail corridor in the southwest corner. Wetlands Some of the wetlands on the property are proposed to be 'Filled. The appropriate approvals ~,/11 need to be obtained prior to plat approval. The area immediately north of 193rd Avenue where the cul de sac is proposed is not identified on the plat as a wetland. The area is naturally low and staff would like to review the wetland delineation information. Recommendation Based on staffs recommended conditions the plat will need to be modified. The Planning Commission may want to table this plat until next month to review the changes that are made. However, ff the Planning Commission s:\pl~,~i~ g\pc\p96-13.doc Memo to the Mayor and City Council/P96-13 November 26, 1996 Page 6 wants to move the plat forward, staff would recommend the following conditions: Comments from the City Engineer's memo dated November 20, 1996, be incorporated into the plat for approval. A developer's agreement be prepared and executed prior to recording the plat with Sherburne County. This agreement shall outhne the terms and conditions for plat approval as well as improvements. Recommendations from the Park & Recreation Commission be incorporated into the plat. These recommendations include a p ark dedication payment in the amount required by the city at the time of final plat, as well as dedicating land for a 30' trail corridor in the southwest corner of the development. A water availability charge in the amount of $300 per lot be paid to ELk River Ut/_lities prior to releasing the final plat for recording. The developer should check with Elk River Municipal Ut/l/ties for any additional charges relative to water connection fees. A surface water management fee as required by the City of ELk River be paid prior to recording the final plat with Sherburne County. Appropriate approvals be obtained for filling any wetlands on site. These approvals must be obtained prior to final plat approval. A tree preservation plan be submitted along with a grading plan identifying those areas which will be saved during the grading of the site. The plan shall specify the actions that will be taken to adequately protect these wooded areas during the grading. An NPDES permit be obtained from the MPCA prior to begmmng grarlfn g onsite. A grading plan be submitted, reviewed and approved by the City Engineer prior to beginning any grading onsite. This grading plan shall identify the erosion control measures that will be used during the grading process. 10. Appropriate permits be obtained from Sherburne County Highway Department for any work done within the County right of way. 11. Prior to issuance of any building permits, a development plan will need to be submitted outlining the style of homes and finished floor s:\pl~i~ g\pc\p96-13.doc Memo to the Mayor and City Council/P96-13 November 26. 1996 Page elevations. This plan ~il1 need to be approved by the City Engineer prior to issuance of any building permits. 12. The developer reimburse the city for costs associated ~-ith revie~-ing this plat prior to releasing the plat for recording ~4th Sherburne County. 13. The developer will need to provide a letter of credit to the City of Elk River in the amount of 100% of the costs associated with improvements ~,ithin the development. 14. Street hghts will need to be prox-ided throughout the development in locations as recommended by Elk River Municipal Utilities. 15. Clustered mailboxes be utilized throughout the development. 16. A complete landscape plan be submitted for approval prior to recording the plat with Sherburne County. This plan shall include yard trees as required per ordinance, a landscaped area along Proctor, the required trees along the city trail in the southwest corner and possibly additional boulevard trees along Rush and Highland Road. 17. The plat be revised as fo]lows: The lots along the north edge of the development which are adjacent to Lafayette Woods have an increased depth to a rn]nimum of 160'. Eliminate Lot 24, Block 4 and have the area included as part of Lots 21, 22 and 23 of Block 4. All of the lots in the development have a minimum depth of 125' as measured through the center of the house pad. 0 Lots 15 and 16, Block 4 include a fiat usable area to a lot depth of 125' prior to beginning the side slopes of the sedimentation pond. s:\p)~,~i,~ g\pcXp 96-13.doc (O~S[LTIX6E~61XEEI 1326 Energy Park Drive St. Faut, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 November 20, 1996 File: 230-348-11 Mr. Steve Ach City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: CHERRYWOOD HILLS PLAT REVIEW Dear Mr. Ach: CIVIL ENGINEERING: ~NVIRONM[NTA[ 'NING SOLID WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION ELeCTRICAL/MECHANICAL ENC,-INEERING: HVAC POWER DISTRIBUTION SZ. ADA SYSTEM CONTROLS OFFICES IN: .NEAPOLIS PRIOR LAKE ST. PAUL WASECA As requested, we have reviewed the package submitted for the proposed Cherrywood Hills Addition. The packet of information was together by Passe Engineering, Inc., and consisted of a preliminary plat, preliminary utility plan, and a preliminary grading plan. All three of the drawings were dated October 25, 1996. Based upon our review, comments received at the staff review meeting, and a meeting with the Developer and his engineer, we offer the following comments: A. PRELIMINARY PLAT The Park and Recreation Commission has met to discuss this plat and has decided that no park land is necessary. Therefore, the park should be eliminated. Along the south edge of the proposed plat, the right-of-way for 193rd Avenue should be shown. Where Highland Road meets County Road 77, there should be a section of tangent provided at the intersection. Even though Highland Avenue to the east of County Road 77 is not quite square, coming into the intersection at an 85 ° angle, the right-of-way on the east side is large enough to facilitate a' road section that is perpendicular to County Road 77. Therefore, the Highland Road right-of-way on the west side should also be perpendicular and provided with a section of tangent approximately 100 feet long to allow traffic to come into the intersection square for the best sight lines. Lot 7, Block 2, is a somewhat odd shaped lot in an effort to save the existing home on the site. The lot is almost a double frontage lot, backing to within 15' of the 194th Avenue cul-de-sac. 230/348-1907. no v An Equal Oppommity Employer Mr. Steve Ach November 20, 1996 Page Two B. PRELIMINARY UTILITY PLAN All watermain within this plat needs to be looped or provide for the opportunity of looping in the future. Therefore, Quirm Court should be looped to 194th Avenue and Rush Court should be looped to Seymour Street. The preliminary utility plan should show the proposed valve and fn-e hydrant locations, so that these may also be reviewed. There will be a need for a trunk watermain along Highland Road from County Road 77 to the north along Rush Street tying into the plat of Lafayette Woods. Sanitary sewer service will need to be evaluated by the City to determine how to best serve this development. The two most likely options would be, first, to have this development construct a lift station of adequate depth and size to serve the entire plat and pump either to the lateral system within Lafayette Woods, or along 193rd Avenue to the trunk line in the Trail corridor. The route of the forcemain would be dependent on timing of the Lafayette Woods development. The other option would be to extend a trunk line from the existing line in the Trail corridor through the south end of Lafayette Woods and terminate at the west plat boundary of Cherrywood Hills at an adequate depth to provide gravity service to the entire plat. We will continue to evaluate these two options and discuss them further as we have more information. The street section for this plat needs to be 32 feet wide face-of-curb to face- of-curb. The typical pavement section would be 5" of aggregate base and two lifts of biam4nous 3-3 ~,5" in total. This section will need to be verified with soil borings. C. PRELIMINARY GRADING PLAN The bulk of the drainage from the plat is routed to a sedimentation pond located in the rear of Lots 15 and 16, Block 4. Drainage calculations will need to be provided for this plat including the sizing of the sedimentation pond. The sedimentation pond should be moved further away from the rear of the houses on those two lots, such that a relatively flat area can be provided at the walk-out elevation before the slope into the pond. The drainage from the 193rd Avenue cul-de-sac in the southeast comer of the plat needs to be provided with sedimentation ponding, prior to discharge to the wetland. 230/348-1907.nov Mr. Steve Ach November 20, 1996 Page Three The drainage calculations for the plat should consider the runoff at the north part of the plat which appears to be held in a depression. This area needs to be checked to ensure that there is adequate capacity, such that none of the homes will be threatened in the case of a severe runoff event. The rear yard storm sewer shown in Block 3 appears not to be necessary. We would prefer that catch basins not be provided in the rear yard because they are hard to maintain. If necessary, a stub to the north could be provided from the catch basin in the street and a flared end provided to pick up the rear yard drainage. Somewhere between 193rd Avenue and Quinn Court along Highland Street, it appears that the 942 contour is missing. The rear yard drainage along Lots 5-9, Block 4, needs to be provided with side yard swales. As is now drawn, the drainage would shoot through these lots. The Developer of this plat will need to coordinate with the Developer of Lafayette Woods along the west and north boundary to ensure that the grading of the two plats is consistent. If you have any questions regarding any of these comments, please call. Sincerely, MSA, CONSULTING ENGINEERS TJM:pd 2301348-1907. nov -_'I.__T__ l-_ { · '"-:. lO CONCEPT FOR ULTIMATE PEDESTRIAN SYSTEM ./ MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 27, 1989 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dobel, Kropuenske, Schuldt and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Pat Klaers, City Administrator; Lori Johnson; Finance Director; Phil Hals, Street Superintendent; Sandy Thackeray, Deputy City Clerk; Russ Anderson, Fire Chief; Darrell Mack, WWTP Superintendent; Fritz Dolejs, Liquor Store Manager; Steve Rohlf, Building and Zoning Administrator; Dick Fursman, Economic Develpoment Coordinator 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:53 p.m. 2. Consideration of 2/27/89 City Council A~enda City Administrator Update was added to the agenda under Other Business. COONCILMEMBER DOBEL MOVED TO APPROVE THE 2/27/89 CITY COUNC%~ AO~NDA, COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION-CARRI~D 5-0, 3.1.~ Consideration of 2/13/89 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE 2/13/89 CITY COUNCIL MINUTES. COUNCILMEM~ER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren stated that he was pleased with the meeting room facilities of the Community Center and requested that more Council meetings be held at that location. 3.2. Consideration of 2/16/89 Board of Canvass Minutes COUNCILME~BER HOLMGREN MOVED TO APPROVE THE 2/16/89 BOARD OF CANVASS MINUTES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- 0. onsideration of Lois Carton Assessment Cancellation · or Tralle stated that at the 12/5/88 Council meeting, Lois Carton requested cancellation of special assessment for the 1981 sewer interceptor on parcel number 117-000-284205. He further stated that the reasons for the request is that the property is a pond and the land ' is unbuildable. Lori Johnson, Finance Director, informed the Council that Mrs. Carton had attended the 1981 public hearing and talked to a city employee at the meeting, however, this was not followed up by either the City or Mrs. Carton and further that the discussion was not recorded in the minutes. City Council Minutes February 27, 1989 Page 2 A letter from Mrs. Carton to the Council was distributed at this time. Mrs. Carton stated that she was also requesting that the Council refund the special assessment payments already made because the assessment was unjust from the beginning and has caused an "undue burden on her." Ma~or Tralle stated that he felt the remaining assessment should be cancelled as this is a unique circumstance. He further stated that he did not feel the Council should refund any assessments made as the applicant did not follow the appropriate appeal process and also because he did not want to set a precedent in refunding of assessments. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-14, A RESOLUTION REASSESSING A CERTAIN PARCEL IDENTIFIED AS PARCEL INDENTIFICATION NUMBER 117-000-284205 ASSESSED IN EXCESS FOR THE 1981 SEWER INTERCEPTOR PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Hiring of Community Service Officer (CSO) Investigator Tyler stated that interviews for the CSO have been completed. He indicated that 23 applications were received and the person being recommended was Cheryl Edinger. He indicated that she has had extensive experience with law enforcement, computer systems, police radio, and genera] terminology of law enforcement. COUNCILMEM~ER HOLMGREN MOVED TO HIRE CHERYL EDINGER AS A COMMUNITY SERVICE OFFICER EFFECTIVE MARCH 16, WITH THE SALARY STARTING AT THE FIRST ~P OF THE CS0 PAY PLAN. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Wastewater Treatment Plant Annual Report Darrell Mack, WWTP Superintendent, presented the 1988 WWTP Annual Report to the City Council. After the presentation, discussion took place regarding the impact utilities in the Western area of the City would have on the sewer plant. Mr. Mack indicated that the sewer plant would be able to handle the increase of utility services to the western area. 6.2. Fire Department Annual Report Russ Anderson, Fire Chief, presented the 1988 Fire Department Annual Report to the Council. Discussion took place regarding the possibility of a Fire Board consisting of members from communities receiving service from the Elk River Fire Department. The question of a possible joint Otsego/Elk River Fire Department was also discussed. Mayor Tralle stated he would like the Fire Chief to present the Council with 1989 goals for the Fire Chief at an upcoming meeting and also a full time job description for the Fire Chief. He indicated that at this time consideration will be given to changing the Fire Chief to full time. February 27, 1989 City of Elk River 720 Dodge Avenue N.%~. Elk River, l'~nnesota 55330 To: ~yor and City Council Members Re: Special Assessments for Lois E. Carton Since I met with the I'~yor and City Council I've had another chance to personally walk the ll acre parcel of land that was assessed me. I returned home, and it hit me harder than ever, the unjust financial expense and emotional burden that was placed upon me for no just cause or benefit. It caused me deep pain~ I trust that the action taken on this matter will be complete and just~ Sincerely, Lois E. Carton MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, DECEMBER 5, 1988 ~mbers Present: Members Absent: Staff Present: Mayor Gunkel, Councilmembers Dobel, Tralle, Schuldt and Holmgren None Pat Klaers, City Administrator; Peter Beck, City Attorney Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 11:30 p.m. Consider 12/5/88 City Council Agenda COUNCILMEMBER TRALLE MOVED TO APPROVE THE 12/5/88 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION-CARRIED 5-0~ Consider 11/21/88 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/21/88 CITY COUNCIL MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mike Ellen Medenwaldt stated that the City of Elk River does not have any municipal recreational activities to offer residents of Elk River. She questioned what could be done to improve this situation. Mayor. Gunkel informed Ms. Medenwaldt that there are many ways to become involved in city government and suggested that the Recreation Board may be a good place to start. She suggested that Ms. Medenwaldt attend a Recreation Board meeting and to call City Staff with any questions she may have. Consideration of Lois Carton Assessment Cancellation The City Administrator indicated that Ms. Lois Carton owns two parcels of land that have received ~ special assessment for sewer interceptor. He noted that one parcel is 11 acres and does not have any buildable ground on it. Councilmember Schuldt suggested that the assessment be deferred and assessed later if the lot is developed. Ms. Carton stated that she would like the assessment forgiven, not deferred, as it is unfair to be assessed for property without receiving benefit. She indicated she did complain at the time the land was being assessed, however, no one from the City came to look at the land at that time. The City Attorney stated that he would have to check the statutes as the proper appeal procedure was not followed. Page 2 City Council Minutes December 5, 1988 5. Review of Main Street Project The Council discussed the John MacGibbon sidewalk issue. It was noted that the unfortunate issue in the matter is the cost to the taxpayers to get the matter resolved. The City Administrator noted that attempts have been made to contact John MacGibbon in hopes of coming to an agreement regarding the matter, however, Mr. MacGibbon has not returned any of the phone calls. COUNCILMEMBER TRALLE MOVED TO SETTLE THE JOHN MACGIBBON SIDEWALK ISSUE THROUGH LITIGATION AND FURTHER THAT THE CITY'ATTORNEY SEEK A CHANGE IN VENUE. COUNCILMEMBER SCHULDT SECONDED THE MOTION, THE MOTION CARRIED 5- COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE ELK RIVER CITY COUNCIL MEETING PAST 12:00 A.M. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~' Consider Changes in Cable TV Joint Powers Agreement and Franchise ~ inanc e e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 88-29 AN ORDINANCE AMENDING THE CABLE COMMUNICATIONS ORDINANCE OF THE CITY OF ELK RIVER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-98 A RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1 AND ARTICLE X, SECTION 3 OF THE SHERBURNE/WRIGHT COUWI~ CABLE COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CkBLE COMMUNICATIONS SYSTEM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider 3.2 On Sale License for Pizza Hut COUNCILMEMBER TRALLE MOVED TO APPROVE A 3.2 ON SALE NON INTOXICATING MALT LIQUOR LICENSE FOR PIZZA HUT. COUNCILMEMBER DOBEL'SECONDED THE MOTION. THE MOTION CARRIED 5-0. '' Consider Check Resister COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0'. 10. Other Business 10.1. City Administrator Update The City Administrator distributed a hand out from the City Street Superintendent regarding parking signs on Dodge Avenue. It has come to the City's attention that MnDOT's maintenance equipment cannot access their property from Dodge Avenue due to cars parking on both sides of the road. '-' :ity £11 -River TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL LORI JOHNSON, FINANCE DIRECTOR ~'f FEBRUARY 22, 1989 4 spECIAL ASSESSMENT CORRECTION FOR LOIS CARTON At the December 5, 1988, City Council meeting Lois Carton requested a special assessment for the sewer interceptor on one of her parcels be cancelled. The parcel is unbuildable property and she feels the assessment was unfair. As was discussed at that meeting, Ms. Carton did not follow the proper appeal procedure. Before presenting the issue to the Council last December, staff requested an opinion from our Attorney as how to handle this matter. The Council requested a more in-depth investigation after reviewing the situation. The City Attorney has advised us of three possible circumstances under which the assessment could be cancelled. Only one of these, a reassessment of the parcel, applies to this situation. In order for the City to cancel the assessment, the City Council must find that the assessment is excessive because the property is a pond which is unbuildable and will most likely remain unbuildable in the foreseeable future and reassess the parcel. The reassessment of this parcel, which would result in the cancellation of the assessment, does not mean that the City needs to reassess this entire project as was first thought. However, the reassessment of this property would allow similarly situated property owners to present their case for reassessment of their properties. There are two other methods in Which to handle this assessment. One is to defer the assessment until the land is deemed buildable and benefit is derived. Ms. Carton is against deferral as she feels she should not have been assessed in the first place. The final option the City has is to pay for the assessment from any other source that the Council may deem appropriate. The principal unpaid, including the 1989 portion, is $1,569.98. As our Attorney has stated, there is no clear statutory procedure for handling this matter and has advised staff that the Council may reassess Ms. Carton's property if the assessment is found to be excessive and pay the reduction out of other funds. As was discussed earlier, the Council is under no obliqation to reassess this p~ope~. However, the Council may reassess the property, by adopting the attached resolution. The resolution states that there are unique circumstances relating to this situation that would not normally apply to other assessed properties. 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 Lois Carton Memo February 22, 1989 Page 2 Ms. Carton feels that the assessment was unjust from the beginning and has caused an "undue burden on her." Therefore, she- is also requesting that special assessment payments already made be refunded. This would amount to a refund of $1,760.86. There is no statute restricting this refund, however, doing so would set a precident for other property owners in a similar situation. Once again, the City is under no obliqation to refund these funds. RESOLUTION 89 - A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION REASSESSING A CERTAIN PARCEL ASSESSED IN EXCESS FOR THE 1981 SEWER INTERCEPTOR PROJECT WHEREAS, Parcel PID ~117-000-284205 is owned by Lois Carton and was assessed $1,819.61 in 1981 for Sewer Interceptor Improvements; and, WHEREAS, the assessment was not appealed during the normal special a~sessment appeal process; and, WHEREAS, this property consists of a pond which has been deemed unbuildable by the City Building and Zoning Administrator and it is not economically feasible to improve the land to a buildable state; and, WHEREAS, the improvements will never benefit the property; and, WHEREAS, the City Council has determined that because this property is and will continue to be unbuildable, the assessment is excess and should be reduced. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the remaining portion of the assessment ($1,569.89) be reduced to zero and cancelled from the assessment r~le as certified to the Council Auditor. Passed and adopted by the Elk River City Council on this 27th day of February, 1989. ATTEST: James A. Tralle, Mayor Patrick D. Klaers, City Administrator TOP OF THE WORLD pARK LAKE ORONO pARK Planning Commission Minutes Page 2 November 26, 1996 6.1. Review of T.I.F. Plan for T.I.F. District No. lA Staff report by Paul Sfeinman. The Planning Commission is asked to determine if the T.I.F. District No. 16 is in conformance with the Comprehensive Plan of the City of Elk River. COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION FINDS TAX INCREMENT FINANCING DISTRICT NO. 16 TO BE IN COMPLIANCE WITH THE CITY OF ELl( RIVER COMPREHENSIVE PLAN. COMMISSION SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER ANDERSON MOVED TO POSTPONE HOLIDAY COMPANIES' REQUEST FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 96-2.5, TO THE DECEMBER 19, 1996, PLANNING COMMISSION MEETING. COMMISSION MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER SULLIVAN SUGGESTED THIS ITEM BE DISCUSSED AT THE DECEMBER WORKSHOP. Staff report by Scoff Harticker. American Portable Telecom is requesting a zone change fo Antenna Overlay District (AT) and a conditional use permit for a wireless communication antenna tower and equipment buildings on property leased from Industrial Hardfacing. American Portable Telecom plans fo construct a 165 foot fall self supporting lattice tower on which they will mount 9 directional antennas. Scoff reviewed adjacent land issues and suggested that consideration be given to constructing a mono pole painted fo blend in with the background. Staff feels the applicant needs fo provide further information fo support the need for an antenna in this location, how it fits in with their long range coverage plan, and also, why they could not collocate on the AT &T tower fo the south. Scoff reviewed the performance standards for the Antenna Tower Overlay district. Staff recommends more information be provided before the Planning Commission makes a determination on this application. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. The applicant was not present to address questions and concerns raised by staff and the Planning Commission. A member of the audience informed the Planning Commission the applicant was planning to attend the meeting and it appears they are late. It was the consensus of the Commissioners to consider the requests after item 6.7. Planning Commission Minutes November 26, 1996 Page 3 Staff report by Steve Ach. Good Value Homes is requesting to subdivide 38 acres located in the northwest corner of Proctor Road and 193rd Avenue into 79 single family lots. The density is approximately 2.3 units per acre with lots ranging in size from 10,000 square feet up to 39,000 square feet. Steve discussed issues in the staff report fo the Planning Commission dated 11/26/96, such as streets, pedestrian circulation, lot depths, and grading. Steve noted that given fha changes being recommended fo the plat, the Planning Commission may wish fo postpone action on fha plat. Discussion followed regarding the existing home within the proposed plat. Steve suggested that if the home remains a front yard setback variance may be necessary. Commissioner Kuesfer felt there was not a good east-to-west pedestrian and traffic flow through the plat, which will be affected if 193rd is closed. John Peterson, president of Good Value Homes, explained the process he has gone through fo develop the site; reviewing the ordinance, meeting with staff and the expenditure of $14,000 in engineering fees to date. Mr. Peferson stated he understood it was the city's desire fo connect the Lafayette Woods plat and Cherwwood Hills vic: Highland Road. Based on this information, the plat was drawn and a purchase agreement was made with Mrs. Florence Jacobs. Paterson noted fha most serious constraint of the plat is fha grade change to fha north which they must deal with in order fo make fo required road connection. If if is fha Planning Commission's desire fo make changes to fha plat such as increasing the lot depths, saving trees and relocating roads, they will be forced fo start over in their negotiations with fha proper-h/owner. He explained that developers rely on the ordinance when laying out a plat and do not want fo ask for variances. Discussion followed regarding the grade changes in the wooded areas. Mr. Paterson felt fha only way fo preserve a significant number trees on fha north boundary is to leave the entire northeast area alone as a wild area. Discussion followed regarding oak wilt in fha area. Mr. Paterson stated he would not consider taking down the Jacobs home, as it was very significant. He felt it would not be a problem for the home fo fit in with the new development surrounding if. Mr. Paterson stated that if the plat were approved before a decision was made regarding 193rd, the lots to the south would not be platted until a later date. He stated he would talk with fha property owners to fha south to see if there was a possibility of incorporating a portion of their prope,d'y into fha plat. Chair Thompson opened the public hearing. Greg Carton, 156th Street, Zimmerman, stated he is part-owner of property south of 193rd. He expressed his concern that if he were fo develop his property there would be no access if 193rd were vacated. Also, he was concerned that the drainage from the development will affect his property. Planning Commission Minutes November 26, 1996 Page 4 Dave Anderson, 14845 County Road 30, Park and Recreation Commission representative, asked that the lot lines of Lots 10, 11 and 12, Block 4, be adjusted so that they ore not in the right of way of 193rd, as shown on the proposed plat. Dave suggested a sidewalk along some of the southerly lots connecting the cul de sacs be considered. A neighbor on 193rd and Proctor has also suggested a sidewalk be considered along Proctor. Dave felt that if 193rd Avenue remained, a trail could also be accommodated with a 66 ft. wide right-of-way. He expressed support for a tree preservation ordinance to deal with this issue when reviewing plats. Dave felt a 20 ft. wide trail would be adequate to connect Rush Court to 193rd. Lois Cation, 19231 Proctor Road, expressed concern for fha drainage impact of this plat. Mary Be}h Dunn, 19388 Oxford Street, asked if residents on Highland would be forced to hook up to city sewer and water, with fha development of this plat. Terry Maurer explained that Elk River Utilities has plans to extend a watermain fo connect the northeast area with the northwest area. if was his understanding that the watermain would be put in without hooking up residents along Highland, but if water problems arose in fha future, it would be possible fo hook up. Ms. Dunn questioned the range of the value of homes proposed for this plat. Mr. Paterson explained the homes would not be in fha same range as Lafayette Woods which has more amenities, and felt the range would be from $130,000 fo $210,000. There being no further comments from the public, Chair Thompson closed the public hearing. Discussion followed regarding tree preservation, the oak wilt area and grading. Whether or not 193rd Avenue should be vacated and the affect on the proposed plat was discussed, as well as traffic and pedestrian issues. Terry Maurer felt it would be best to work with the County fo address traffic issues associated with Counh/Road No. I and Proctor, rather than trying to solve the problems by rerouting internal residential streets. It was the consensus of the Commissioners that the following issues need fo be addressed before taking action on the proposed Cherrywood Hills plat: Status of 193rd Avenue Tree preservation Traffic circulation Sidewalk along Proctor (who pays) Rush Street - utilities, transportation/pedestrian connection with Lafayette Woods Lot depths/grading issues John Peterson of Good Value Homes agreed that postponing this item for the 1/28/97 meeting would atlcw time fo work through the outstanding issue. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION POSTPONE THE REQUEST BY GOOD VALUE HOMES, INC. FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 95-13, UNTIL THE JANUARY 28, 1997, PLANNING P!anning Commission Minutes Page November 26, ] 996 COMMISSION MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. ........ ..: ............... ......... . ............. ...... Staff report by Steve Ach. The City of Elk River is requesting to subdivide 11,5 acres located in the southeast comer of 165fh Avenue and JarvJs Street, into 6 rural single family Jots and 1 large outlof fhaf will be used for the development of ballfields. The City purchased the property for developing the northerly portion of Outtot A into recreational fields and using the southern half for the spreading of sludge from the city treatment facility. It was proposed fhaf development of the fields be funded by the sale of the residential lots. Four of the lots are slightly larger than 3 acres in size, one 7..5 acre lot and one lot is 1.5.22 acres. The western lot line on Lot 6 should be adjusted fo follow the ditch. Steve reviewed information as presented in the staff report to the Planning Commission regarding wetland mitigation and the development of the residential lots. The Park & Recreation Commission has recommended that the purchase and development of Outlot A will satisfy the park dedication requirements for the plat. It is proposed fo develop the residential Jots from east to west, so that if in the future there is a need for the western lots for expanding the ballfields, there would be land available adjacent to the existing complex. Discussion followed regarding the buitdable area of the lots. Chair Thompson opened the public hearing. Dave Anderson, 14845 County Road 30, Park & Recrea'iion Commissioner, suggested the plat be considered for a cluster development, with some sort of pedestrian pathway access. Commissioner Sullivan suggested that the intent of clustering was to preserve open space, which this pict already has done. Members of the Commission discussed the clustering concept and it was the consensus of the Commissioners to favor the plat as presented. Mary Eiveru, 9943 165lh Avenue, stated she owns 40 acres north of the proposed plat. She expressed concern for the increased traffic which will be generated by the balifieJds, and also, the speed of vehicles currently traveling on 165fh. Ms. Eiveru stated there currently are no speed zone signs posted on 16.5th. She questioned which board or commission will be involved in naming of the fields. The Commission informed her the Pork and Recreation will address naming the fields. Ms. Eiveru expressed concern that the entrance fo the ballfieids be planned so thaf it will not line up with her driveway. Steve Ach indicated on the plat where the access is planned as well as a possible second access onto 165th. Ms. Etveru felt the second access would be close to her existing driveway. There being no further comments from the public, Chair Thompson closed the public hearing. Ten-y Maurer explained the speeding issue needs to be addressed by Mn/Dot through a request for a speed study. A member of the audience stated she was 7.0. Consider Concept Plar~ for Jacobs Parcel - Nodhwest Corner of Proctor Avenue and 19~rd Avenue Steve Ach explained Mr. John Peterson of Good Value Homes was present to discuss with the Commissioners a concep~ plan for a residential plat of 75 single family lots. The proposed plat is located in the northwest corner of Proctor and 193rd Avenue. 1 Discussion followed regarding whether or not a park was needed in this area and the location of trails. Members of the Commission expressed concern for safety of pedestrians moving through this development and Lafayette Woods to the schools east of Proctor. Page 3 Chair Anderson indicated the Master Park Plan does not identify a potential park in this area. However, given the combined size of the Lafayette Woods plat and this proposed plat, the Commission may wish to consider a need for green space. Discussion followed regarding the public's limited use of school playgrounds and facilities to meet park needs. Commissioner Huberty felt there is a need for a neighborhood park in this area with a playground for young children. Mr. Peterson of Good Value Homes, suggested the 2 acre parcel in the southeast corner of the proposed plat could be used for a neighborhood park. He questioned why this development would be required to provide a neighborhood park and the Lafayette Woods development, which is much larger, was not. Discussion followed regarding the topography of Outlof A in Lafayette Woods which was deeded to the city as a charitable contribution from the developers of Lafayette Woods. It was the consensus of the Park & Recreation Commission to recommend the developer give consideration to a 1 acre neighborhood park play area (tot lot), and supported conveding 193rd into a trail corridor from Proctor west to the city trail. 4. .,Open Mike John Hallon, 13211 179 1/2 Avenue NW, questioned what was planned for the 3+ acre park in Country Crossing 3rd Addition. He expressed his concern that the park be developed appropriately to serve the neighborhood. Chair Anderson indicated il may be 1-1/2 to 2 years before the park is developed. Mr. Hallon requested the park area be flooded for ice skating in the winter. Chair Dana Anderson indicated the Commission has considered clearing an area on Lake Orono for skating in the winter, and the possibility of flooding some blacktopped area to serve residents in this portion of the city. Mr. Hallon requested that a sign be placed on the warming house af Handke stating hockey sticks are not allowed inside the building. Commissioner Olson suggested that a barrel be placed outside for the st[cks. Mr. Hallon indicated Park and Recreation Commission Minutes Page 5 December 11, 1996 9.B. Handke Warminq House Phil reported the new portable warming house has been delivered and will be moved to the Handke pit as soon as the protective flooring was installed and steps were ready. 9.C. County Road 1 Tunnel Pedestrian Crossinq on Highway 169 Phil Hals noted Terry Maurer will be presenting a feasibility study to the Council next Monday night regarding these two issues. He explained that it appears there is not a significant difference between the cost of an underground tunnel vs. an overhead walkway. Discussion followed regarding safety issues associated with an underground tunnel. Phil indicated the pedestrian crossing lights on 193rd and Highway 169 begin flashing "don't walk" soon after changing to "walk". He explained that pedestrians become contused and end up waiting in the middle of the intersection because they don't realize they actually will have enough time to continue crossing. Phil informed the Commission that the Historic Downtown committee has requested an "old fashioned" pump handle drinking fountain be placed downtown near the new gazebo. The group has suggested that a private well be used instead of connecting to city water. Phil will investigate whether or not this idea would be feasible and also, if there are any health related issues. Cherrywood Hills Plat ~ / Members of the Commission discussed the Planning Commission review of the Chen'ywood Hills plat. It was the consensus of the Commissioners that there is a need for sidewalk along the west side of Proctor. Phil suggested the cost of the sidewalk could be escrowed until the County upgrades the road. Further discussion was held regarding the possibility of cul-de-sacing the road in Lafayette Woods instead of constructing a through-street, in order to preserve the trees in the northern portion of the Cherrywood Hills plat. COMMISSIONER DAVE ANDERSON MOVED TO RECOMMEND THE PLANNING COMMISSION AND CITY COUNCIL CONSIDER THE NEED FOR SAFE PEDESTRIAN MOVEMENT ALONG PROCTOR, EITHER VIA A SIDEWALK OR TRAIL, AND THAT THE DEVELOPER BE ASKED TO PARTICIPATE IN THE COST, POSSIBLY THROUGH THE USE J OF AN ESCROW FUND, AS PART OF THE PRELIMINARY PLAT REVIEW FOR THE J J~ CHERRYWOOD HILLS PLAT. COMMISSIONER KUESTER SECONDED THE MOTION. THE iiiOTION CARRIED 6-0. - II 10. Other Business No other business. ITEM 9.7. ty of iver FROM: DATE: SUBJECT: MEMORANDUM Mayor & City Council Steve Ach, City Planne~ December 16, 1996 193rd Avenue Between Proctor and County Road I Attachment · Location Map Background Last year when the Planning Commission and City Council reviewed the LaFayette Woods development there was some preliminary discussion regarding the future of 193rd Avenue. Although no decisions were made at that time, it was suggested that further work be done towards determining the future of 193rd and whether that street would be left in place or closed and converted to a pedestrian corridor. Recently, the city has received an application from Good Value Homes for a preliminary plat request of the 38 acres in the northwest corner of 193rd and Proctor Avenue. With the submittal of this application it has become apparent that the future of 193rd needs to be determined in order to design and review the plat. Analysis 193r~ Avenue is currently a public street that connects Proctor Avenue with County Road 1 to the west. The condition of 193rd Avenue used to be a Class 5 road requiring a measurable amount of maintenance by the pubhc works department. Last year the public works department installed a thin layer of bituminous along 193rd as a test section. The property north of 193rd Avenue is accessible from Proctor and County Road 1 along the abandoned railroad bed (city trail corridor). The LaFayette Woods plat, as it has been preliminarily approved, illustrates lots backing up to 193r~ Avenue with no driveways. This plat was reviewed with the idea that 193r~ would no longer be in place or would be upgraded to accommodate the anticipated traffic. In either case, the lots backing up to 193rd would most 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 likely be the appropriate design. The property south of 193rd includes basically three property owners. Throughout the three properties there is a variety of wetlands and some upland areas with possible development potential. Generally speaking, the upland portions are evident on the extreme west Coy the city trail) and east (along Proctor) portions of the three properties. Both of these highland areas would have access from either Proctor or on the west from County Road I as the road enters into the LaFayette Woods development. At the Planning Commission meeting last month, the middle property owner (Ms. Carton) expressed a concern that with the closure of 193rd access to her would be cut off. There is clearly a large wetland complex in the middle of the Carton property that could not be developed; however, there may be isolated areas of upland that may be developed. The question remains, how much of Ms. Carton's property is upland and possibly developable. Certainly it is not the intent to cut off access to developable property, therefore, additional information needs to be obtained to determine the reasonable developability of the Carton property. It also should be noted that all three parcels have frontage onto County Road 1. Ideally, limiting access to County Road I could be the goal; however, this option will also need to be reviewed. Requested Action This issue is being brought before the City Council at this time to give staff and the developer of the 38 acres some direction with the Council's vision for the future of 193rd Avenue. This is important at this time because it may impact the design of the plat of the 38 acre parcel if the road is to remain in place and would therefore need to be upgraded. Conversely, if 193rd is to be cu/-de-saced as presented by the developer this would have some influence on the plats design. Terry Maurer is having Dave Nyberg from his office walk the property south of 193rd to gather a preliminary assessment regarding the developable property that hes south of 193r~. The amount of developable property south of 193rd is probably the first question that needs to be answered prior to making a final decision on 193~. Unfortunately, there may not be enough information available at Monday night's meeting to provide the council to allow a final decision on this matter. However, even without this information, staff would offer the following for the council to consider: ao If the council would like to see 193rd remain in place and left open to vehicle traffic from Proctor to County Road 1, the appropriate design will be included into the proposed plat. Eventually the upgrading of 193ra (curb, gutter, bituminous, \\elkriver\sys\shrdoc\council\193rd.doc storm sewer) will need to be included as part of a future city project. bo If the council is interested in closing 193rd to through traffic and ret~n~ng the right-of-way for a pedestrian corriclor, staff can continue to explore the possibility of this happening. This option would certainly take into consideration access to any upland south of 193rd that may be developable. s:\council\193rd.doc AREA UNDER F{1c ROAD NO, I1 j A? ~i~y o~ LOCATION "ElE'~River MAP 13065 Orono Parkway. P.O. Box 490 CAS E: Elk River, MN 55330 .'2; HIGH SCHOOL J::Jlc N CHERRY~OOD HILLS PRELIMINARY PLAT PASSE Ei%rGINEERI.~G. INC. ] PHOV£ (~1~] ?$5-6'240 /~% !Gl:'/ ?~; I:l~,:) ......... ,dr.~&~-~T~..~- ...... March 14, 1997 TO: Steve Ach, City Planner and City Council Members FROM: Marian Jacobs Dear Steve and Council Members: As you are aware, I have decided to sell my property due to personal reasons. I am 84 years old, and have lived on the property for 47 Years. I,physically can not maintain the property on my own due to age and expensive maintenance services. I am seeking your assistance to resolve a situation affecting the sale of my property to Good Value Homes, Inc. It is my understanding that Good Value Homes designed a plan that has met City density, lot size, etc. ordinances. However, the City has held up the planning approval process because they are unable to decide whether to abandon or maintain 193rd Street. This decision, according to Good Value, has delayed final cost projections and has delayed my plans. In addition, the Lafayette Woods Development has negatively affected the value of my land by ending'Rush Street right in the middle of my of woods. This design has created additional grading and clearing expenses on the developer. Finally, I ask that you please approve the Good Value design which meets the City ordinances, and therefore allows a qualified buyer to purchase my property. Your approval of this project is what I am seeking as a landowner and taxpayer in the City of Elk River. Sincerely, Marian Jacobs