6.9. SR 08-18-1997~ity of
ITEM 6.9.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Steve Ach, City Planner~g~
August 18, 1997
Request by Good Value Homes for
Final Plat Approval (Cherrywood
Hills), Case No. P 96-13
Issue
Consider Resolution No. 97- , granting final plat approval for Good Value
Homes Cherrywood Hills development to subdivide approximately 38 acres
into 46 lots and 2 outlots.
Location
The property is located in the northwest corner of Proctor Road and 193ra
Avenue.
Zoning/Land Use
Rlc (Single Family Residential) / MR (Medium Density Residential)
Attachments
Memo from Terry Maurer dated August 6, 1997
· Final plat for Cherrywood Hills
Resolution No. 97-
Overview
A preliminary plat granted by the City Council included the development of
38 acres divided into 67 single family lots and one outlot which would be
deeded to the City. The final plat request includes 46 single family lots and 2
outlots. Outlot A will be the second phase of Cherrywood Hills while Outlot
B will be deeded to the City. Cherrywood Hills 1st Addition includes the
extension of Highland Road west of Proctor, the extension of Rush Street
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 * TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P 96-13
August 18, 1997
Page 2
from Lafayette Woods and two short cul-de-sacs. As previously discussed, the
existing home which is located in the northeast corner of the property will
remain on a large lot which is close to three acres in size. A deed restriction
is recommended to be placed on this lot to prevent any future subdivision
after the plat has been filed.
Drainage
Terry Maurer has prepared a memo regarding the drainage issues associated
with this plat as well as the issues relating to downstream drainage. Please
refer to the memo for additional information.
193rd Avenue
A memo has been prepared and presented to the City Council regarding the
conversion of 193ra Avenue from a roadway (vehicles) to a pedestrian corridor
(trail). Good Value Homes may elect to utilize 193rd to construct utilities to
serve the plat. The restoration work can then include replacement of the
road with a trail and sodding to establish the pedestrian corridor.
The final plat conforms with the preliminary plat that was approved by the
City Council on July 21, 1997.
Recommendation
It is recommended the City Council approve Resolution No. 97- , granting
final plat approval for Cherrywood Hills with the following conditions:
l)
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF PLAT APPROVAL AND NECESSARY IMPROVEMENTS TO BE
MADE AS PART OF THE DEVELOPMENT.
2)
ALL COMMENTS FROM THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 AND
AUGUST 6, 1997 BE INCORPORATED IN THE PLAT PRIOR TO RECORDING AT
SHERBURNE COUNTY.
3)
THE PARK & RECREATION COMMISSION'S RECOMMENDATION FOR PAYMENT OF
CASH BASED ON THE NUMBER OF LOTS IN AN AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT APPROVAL.
4)
A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. THE
DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY
ADDITIONAL CHARGES RELATING TO WATER CONNECTION FEES AND ELECTRICAL
HOOKUPS.
s:\council\p96-13x3.doc
Memo to the Mayor and City Council/P 96-13
August 18, 1997
Page 3
5) A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY OF ELK
RIVER AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
6)
APPROPRIATE APPROVALS FROM THE CORPS OF ENGINEERS, DNR AND LOCAL
AGENCIES FOR FILLING OF ANY WETLANDS ON SITE BE GRANTED PRIOR TO THE FINAL
PLAT BEING RECORDED WITH SHERBURNE COUNTY.
7)
A SPECIFIC TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH THE GRADING
PLAN IDENTIFYING THOSE AREAS WHICH WILL BE SAVED DURING THE INITIAL
GRADING OF THE SITE. SOME TREE PROTECTION {FENCE) SHALL BE INSTALLED PRIOR
TO GRADING THE SITE.
8)
AN NPDES PERMIT BE OBTAINED FROM MPCA PRIOR TO BEGINNING ANY GRADING
ON SITE.
9)
A GRADING PLAN BE SUBMITTED, REVIEWED AND APPROVED BY THE CITY ENGINEER
PRIOR TO BEGINNING GRADING ON THE SITE. THIS GRADING PLAN SHALL IDENTIFY
EROSION CONTROL MEASURES THAT WILL BE USED DURING THE GRADING PROCESS.
ALL EROSION CONTROL MUST BE ESTABLISHED AND PUT INTO PLACE PRIOR TO
COMMENCING GRADING WORK.
lO)
THE DEVELOPER SHALL BE RESPONSIBLE FOR IMPROVEMENTS TO PROCTOR IN
ACCORDANCE WITH THE RECOMMENDATIONS FROM SHERBURNE COUNTY
HIGHWAY DEPARTMENT DATED MAY 21, 1997. THESE ROAD IMPROVEMENTS SHALL
BE REFLECTED ON THE IMPROVEMENT PLANS AND PROVIDED TO SHERBURNE COUNTY
FOR REVIEW PRIOR TO THE CITY APPROVAL.
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.
17)
THE DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REVIEWING THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING AT 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 IMPROVEMENT COSTS WITHIN THE
DEVELOPMENT PRIOR TO COMMENCING STREET AND UTILITY WORK ON SITE.
14)
STREET LIGHTS WILL NEED TO BE PROVIDED THROUGHOUT THE DEVELOPMENT IN
LOCATIONS AS RECOMMENDED BY THE ELK RIVER MUNICIPAL UTILITIES. THESE
IMPROVEMENTS MUST BE INSTALLED PRIOR THE CITY ACCEPTING THE INSTALLED
IMPROVEMENTS.
15)
A CLUSTER MAILBOX DESIGN MUST BE UTILIZED THROUGHOUT THE DEVELOPMENT. A
PLAT ILLUSTRATING THESE LOCATIONS SHALL BE SUBMITTED FOR APPROVAL BY CITY
STAFF PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY.
16)
A COMPLETE LANDSCAPING PLAN BE SUBMITTED FOR APPROVAL PRIOR TO
RECORDING THE PLAT WITH SHERBURNE COUNTY. THIS PLAN SHALL INCLUDE YARD
TREES AS REQUIRED BY THE SUBDIVISION ORDINANCE. LANDSCAPING SHALL ALSO
s:\council\p96-13x3.doc
Memo to the Mayor and City Council/P 96-13
August 18, 1997
Page 4
BE ILLUSTRATED ALONG PROCTOR AVENUE CONSISTING OF EARTH BERMING AND A
VARIETY OF CONIFERS AND OVERSTORY TREES.
17)
BOULEVARD TREES BE INSTALLED BY THE DEVELOPER ALONG BOTH SIDES OF
HIGHLAND ROAD AND RUSH STREET WHERE THE SIDEWALK IS PROPOSED TO BE
LOCATED SIMILAR TO THE INSTALLION IN LAFAYETTE WOODS. IN ADDITION,
BOULEVARD TREES SHALL BE INSTALLED ALONG ALL OTHER STREETS IN THE
SUBDIVISION.
AS PART OF THE DEVELOPER'S AGREEMENT A DEED RESTRICTION WILL NEED TO BE
PLACED ON LOT 21 PREVENTING ANY FURTHER SUBDIVISION OF THIS LOT IN THE
FUTURE.
A LETTER FROM THE DEVELOPER'S ENGINEER CERTIFYING THE GRADING HAS BEEN
COMPLETED IN ACCORDANCE WITH THE APPROVED GRADING PLAN MUST BE
SUBMITTED TO THE CITY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
20) OUTLOT B BE DEEDED TO THE CITY.
21)
TRUNK WATER AND SEWER COSTS BE INCORPORATED INTO THE DEVELOPER'S
AGREEMENT FOR THE SUBJECT PROPERTY.
22)
RUN OFF FROM THE SITE SHALL NOT EXCEED THE PRE-DEVELOPMENT CONDITIONS
AND THE DRAINAGE CALCULATIONS AND PLANS BE APPROVED BY THE CITY
ENGINEER.
23)
IF 193RD AVENUE IS UTILIZED FOR UTILITY CONSTRUCTION, THE DEVELOPER SHALL BE
RESPONSIBLE FOR RESTORING THE STREET WITH A lO'WIDE BITUMINOUS TRAIL AND
SOD.
24)
STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. THE
STREET LIGHTS SHALL BE INSTALLED PRIOR TO THE CITY ACCEPTING THE PUBLIC
IMPROVEMENTS.
s:\council\p96-13x3.doc
RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Cherrywood Hills
Case No. P 96-13
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on July 21, 1997; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
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.
Do
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
°
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
°
The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
o
This final plat approval shall expire one year from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
The following voted against the Resolution:
The following were absent:
\\elkriver\sys\shrdoc\document\resoluti\p96-13.doc
WHEREUPON the resolution is adopted.
Passed and adopted this __ day of
,1997.
Henry Duitsman, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct copy of the resolution as adopted by the City Council of the City of Elk
River on ,1997.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of ,1997.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
., 1997, by Henry Duitsman, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
\\elkriver\sys\shrdoc\document\resoluti\p96-13.doc
STATE OF MINNESOTA
88.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1997, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
\\elkriver\sys\shrdoc\document\resoluti\p96-13.doc
EXHIBIT A
The Southwest Quarter of the Northeast Quarter of Section 28, Sherburne
County, Minnesota.
Save and Except:
The East 330 feet of the North 330 feet of the South 515 feet thereof.
\\elkriver\sys\shrdoc\document\resoluti\p96-13.doc
1)
2)
3)
4)
6)
7)
8)
9)
10)
11)
EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF PLAT APPROVAL AND NECESSARY IMPROVEMENTS TO BE
MADE AS PART OF THE DEVELOPMENT.
ALL COMMENTS FROM THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 AND
AUGUST 6, 1997 BE INCORPORATED IN THE PLAT PRIOR TO RECORDING AT
SHERBURNE COUNTY.
THE PARK & RECREATION COMMISSION'S RECOMMENDATION FOR PAYMENT OF
CASH BASED ON THE NUMBER OF LOTS IN AN AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT APPROVAL.
A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. THE
DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY
ADDITIONAL CHARGES RELATING TO WATER CONNECTION FEES AND ELECTRICAL
HOOKUPS.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY OF ELK
RIVER AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
APPROPRIATE APPROVALS FROM THE CORPS OF ENGINEERS, DNR AND LOCAL
AGENCIES FOR FILLING OF ANY WETLANDS ON SITE BE GRANTED PRIOR TO THE FINAL
PLAT BEING RECORDED WITH SHERBURNE COUNTY.
A SPECIFIC TREE PRESERVATION PLAN BE SUBMrI'rED ALONG WITH THE GRADING
PLAN IDENTIFYING THOSE AREAS WHICH WILL BE SAVED DURING THE INITIAL
GRADING OF THE SITE. SOME TREE PROTECTION (FENCE) SHALL BE INSTALLED PRIOR
TO GRADING THE SITE.
AN NPDES PERMIT BE OBTAINED FROM MPCA PRIOR TO BEGINNING ANY GRADING
ON SITE.
A GRADING PLAN BE SUBMITTED, REVIEWED AND APPROVED BY THE CITY ENGINEER
PRIOR TO BEGINNING GRADING ON THE SITE. THIS GRADING PLAN SHALL IDENTIFY
EROSION CONTROL MEASURES THAT WILL BE USED DURING THE GRADING PROCESS.
ALL EROSION CONTROL MUST BE ESTABLISHED AND PUT INTO PLACE PRIOR TO
COMMENCING GRADING WORK.
THE DEVELOPER SHALL BE RESPONSIBLE FOR IMPROVEMENTS TO PROCTOR IN
ACCORDANCE WITH THE RECOMMENDATIONS FROM SHERBURNE COUNTY
HIGHWAY DEPARTMENT DATED MAY 21, 1997. THESE ROAD IMPROVEMENTS SHALL
BE REFLECTED ON THE IMPROVEMENT PLANS AND PROVIDED TO SHERBURNE COUNTY
FOR REVIEW PRIOR TO THE CITY APPROVAL.
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.
\\elkriver\sys\shrdoc\document\resoluti\p96-13. doc
12)
13)
14)
16)
17)
18)
19)
20)
21)
22)
23)
24)
THE DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REVIEWING THIS PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING AT 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 IMPROVEMENT COSTS WITHIN THE
DEVELOPMENT PRIOR TO COMMENCING STREET AND UTILITY WORK ON SITE.
STREET LIGHTS WILL NEED TO BE PROVIDED THROUGHOUT THE DEVELOPMENT IN
LOCATIONS AS RECOMMENDED BY THE ELK RIVER MUNICIPAL UTILITIES. THESE
IMPROVEMENTS MUST BE INSTALLED PRIOR THE CITY ACCEPTING THE INSTALLED
IMPROVEMENTS.
A CLUSTER MAILBOX DESIGN MUST BE UTILIZED THROUGHOUT THE DEVELOPMENT. A
PLAT ILLUSTRATING THESE LOCATIONS SHALL BE SUBMITTED FOR APPROVAL BY CITY
STAFF PRIOR TO RECORDING THE PLAT WITH SHERBURNE COUNTY.
A COMPLETE LANDSCAPING PLAN BE SUBMITTED FOR APPROVAL PRIOR TO
RECORDING THE PLAT WITH SHERBURNE COUNTY. THIS PLAN SHALL INCLUDE YARD
TREES AS REQUIRED BY THE SUBDIVISION ORDINANCE. LANDSCAPING SHALL ALSO
BE ILLUSTRATED ALONG PROCTOR AVENUE CONSISTING OF EARTH BERMING AND A
VARIETY OF CONIFERS AND OVERSTORY TREES.
BOULEVARD TREES BE INSTALLED BY THE DEVELOPER ALONG BOTH SIDES OF
HIGHLAND ROAD AND RUSH STREET WHERE THE SIDEWALK IS PROPOSED TO BE
LOCATED SIMILAR TO THE INSTALLION IN LAFAYETTE WOODS. IN ADDITION,
BOULEVARD TREES SHALL BE INSTALLED ALONG ALL OTHER STREETS IN THE
SUBDIVISION.
AS PART OF THE DEVELOPER'S AGREEMENT A DEED RESTRICTION WILL NEED TO BE
PLACED ON LOT 21 PREVENTING ANY FURTHER SUBDIVISION OF THIS LOT IN THE
FUTURE.
A LETTER FROM THE DEVELOPER'S ENGINEER CERTIFYING THE GRADING HAS BEEN
COMPLETED IN ACCORDANCE WITH THE APPROVED GRADING PLAN MUST BE
SUBMITTED TO THE CITY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
OUTLOT B BE DEEDED TO THE CITY.
TRUNK WATER AND SEWER COSTS BE INCORPORATED INTO THE DEVELOPER'S
AGREEMENT FOR THE SUBJECT PROPERTY.
RUN OFF FROM THE SITE SHALL NOT EXCEED THE PRE-DEVELOPMENT CONDITIONS
AND THE DRAINAGE CALCULATIONS AND PLANS BE APPROVED BY THE CITY
ENGINEER.
IF 193"D AVENUE IS UTILIZED FOR UTILITY CONSTRUCTION, THE DEVELOPER SHALL BE
RESPONSIBLE FOR RESTORING THE STREET WITH A 10'WIDE BITUMINOUS TRAIL AND
SOD.
STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. THE
STREET LIGHTS SHALL BE INSTALLED PRIOR TO THE CITY ACCEPTING THE PUBLIC
IMPROVEMENTS.
\\elkriver\sys\shrdoc\document\resoluti\p96-13.doc
Howard R, Green Company
CONSULTING ENGINEERS
August 6, 1997
File: 230-348-11
CONSULTING ENGINEERS
Formerly MSA
Consulting Engineers
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway, P.O. Box 490
Elk River, MN 55330-0490
RE: CHERRYWOOD HILLS FINAL PLAT
Dear Mr. Ach:
As requested, we have reviewed the final plat for the first phase of Cherrywood Hills. Based on
our review we would offer the following comments.
The detail for drainage and utilities states that the 10 foot wide easements should be
adjoining street lines and plat boundaries. However, the easement along the north plat line
is drawn at a 5 foot width. This should be increased to 10 feet with the exception of along
Lot 1 Block 2. Five feet in width is acceptable in this location because it abuts a lot in
Lafayette Woods, therefore there is a total of 10 feet. Also along Rush Street near the north
end, there should be a 10 foot drainage and utility easement provided even though it is part
of Outlot A. If any of the utility companies chose to use portions of this easement it should
be continguous to the north boundary.
We believe a condition of the plat was that sewer and water service be provided to Lot 21
Block 2. All the easements leading to this lot are standard width. We question whether their
needs to be a wider corridor provided to accomplish the sewer and water service.
In the southeast corner of the plat where County Road 77 and 193rd Avenue meet, we
believe there should be a solid line continuing down to the southerly plat boundary to
differentiate the two roadways. One option the City may want to entertain is to take the half
rd
right-of way width on 193 Avenue as an outlot rather than as a dedicated right-of-way.
Since it is 'the intent of the City to close this road to through traffic, having it dedicated to the
City as an outlot would give the City more flexibility in the future.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
Terry J. ~aurer, P.E.
cc: Passe Engineering Company, 9445 East River Road Suite 203, Minneapolis, MN 55433
o:~proj~230348m\348-O604.aug
1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923
lC."]
LAFAYETTE
WOODS
F
LAFAYETTE
0
CO, R,D NO, 77
(PROCTOR ROAD)
RUSH
a~'~ ~ I
COUNTY ROAD NO, 77 ( PROC'I~R ROAD
JSHN.w, STREET
JOHN W. TERPSTRA
RONALD G. BLACK
KlM E. BRANDELL
JOHN C. HOFFMAN
TERPSTRA, BLACK, BRANDELL & HOFFMAN
ATTORNEYS AT LAW
913 MAIN STREET
ELK RIVER, MINNESOTA 55330
(612) 441-7040
FAX (612) 441-0901
JEFFERYJ. JENSEN
ELIZABETH K. MOORE
JAMES W. HESS
July 22, 1997
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
E!k River, MN 55330
Re: Good Value Homes Development
Dear Mr. Ach'
This letter will confirm our telephone conversation of today. You informed me that
pursuant to actions by the City Council on July 21, 1997, the preliminary approval of
the plat proposed by Good Value Homes has been approved with all of the conditions
contained in the original report to the Council together with three additional conditions
concerning the concerns raised by Ms. Carton and her engineer.
The additional conditions are as follows:
1) Lois Carton's engineer will be provided the "as built" drawings as
suggested by her engineer;
2) That Ms. Carton will be receiving written documentation from the County
verifying the installation of an 18" pipe to assure ongoing drainage from her land
towards the D~ckenson property;
3) That the City staff and engineering department in connection with
concern #3 regarding the sizing of the piping and drainage on the Dickenson property
will in the very near future, look at the Dickenson property to see if any additional
drainage issues as recommended by Ms. Carton's engineer must be addressed. You
indicated that those issues will be viewed, discussed and resolved prior to the time the
final plat is approved by the City Council.
Mr. Steve Ach, City Planner
July 22, 1997
Page Two
You also indicated that you would provide our office with a photocopy of the actual
Minutes of the City Council incorporating the new conditions upon approval by the City
Council. Thank you for this courtesy.
Sincerely,
TERPSTRA, BLACK,/BRANDELL & HOFFMAN
J~.o~n C. Hoffman
JCH/ke
cc: Lois Carton
Steven Klein, Barr Engineering Company
City of
River
July 25, 1997
John Hoffman
Terpstra, Black, Brandall and Hoffman
Attorneys at Law
913 Main Street
Elk River MN 55330
Dear Mr. Hoffman:
I received your letter dated July 22, 1997, regarding our phone conversation
of the same day. I wanted to respond to clarify a point you had made in your
letter regarding the additional conditions discussed by the engineer hired by
Ms. Carton. In your letter, you state that three conditions were added to the
the City Council's approval for the preliminary plat of Cherrywood Hills. The
three conditions outlined by Ms. Carton's engineer were not added to the
approval, however, were referenced during the meeting and suggested they
could be dealt with outside of the actual approval of the prehminary plat.
If you have any further questions, please feel free to call me at 441-4902.
Sincerely,
City Planner
fiXshrdocXplanning\carton.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612)441-7425
JOHN W. TERPSTRA
RONALD G. BLACK
KlM E. BRANDELL
JOHN C. HOFFMAN
TERPSTRA, BLACK, BRANDELL & HOFFMAN
ATTORNEYS AT LAW
913 MAIN STREET
ELK RIVER, MINNESOTA 55330
(612) 441-7040
FAX (612) 441-0901
JEFFERY J. JENSEN
ELIZABETH K. MOORE
JAMES W. HESS
July 29, 1997
Mr. Steve Ach, City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Re: Preliminary Plat - Cherrywood Hills
Dear Mr. Ach:
I write to acknowledge your letter of July 25, 1997, actually received in my office on
July 28, 1997.
It is our opinion that whether or not the three conditions outlined by Mrs. Carton's
engineer were actually specifically made subject to plat approval, the Council by its
consideration of these issues has impliedly made the concerns noted by Mrs. Carton's
engineer a part of the plat approval process. In other words, if the conditions cannot
be satisfactorily met, we would expect the City Council not to give final plat approval
to the proposed plat as it would harm Mrs. Carton's property or the ultimate
development of the property.
I am writing to clarify our position on this matter.
Sincerely,
d~ffman
JCH/ke
cc: Lois Carton