6.11. SR 10-20-1997ity of
iver
FROM:
MEMORANDUM
Item# 6.11,
Mayor and City Council
Steve Ach, City Planner~~
DATE:
October 20, 1997
SUBJECT:
Request by Phoenix Enterprises
for Preliminary and Final Plat
Approval (Hillside Crossing Four),
Public Hearing Case No. P 97-13
Issue
Phoenix Enterprises is requesting preliminary and final plat approval to
subdivide approximately 3.8 acres into two commercial lots.
Location
The southeast corner of 197th Avenue and Evans Street.
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
· Memo from the City Engineer dated October 16, 1997
· Location map
· Preliminary and final plat
Overview
The 3.8 acre parcel was originally platted as an outlot in the Hillside
Crossing Two Planned Unit Development. A couple of conditions that
applied to this parcel included maintaining a 50' no-cut strip along the north
boundary of the plat, as well as a 50' no-cut zone directly east of this property
within the residential area of Hillside Estates. As mentioned above the
proposed plat involves creating two commercial lots which each will be
approximately 2 acres in size. The plat as proposed indicates appropriate
drainage and utility easements, however, will have to include additional
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Counci]/P 97-13
October 20, 1997
Page 2
easements for looping of a water line through this site for additional hydrants
for fire protection purposes. Ideally, the plat should reflect these easements
and have those easements recorded as part of the plat.
Pedestrian Circulation
Presently, there is a sidewalk on the east side of Evans Street extending
south of 197th. As discussed with the Hillside Crossing Two plat, staff is
recommending a sidewalk be installed along the north side of 196th Avenue
extending east of Evans into the Hillside Estates residential area. An issue
which was discussed with the Park & Recreation Commission and City
Council with the original review of Hillside Crossing Two is the need for a
park trail along the north property line of Lot 1. Since these two lots were
platted as an outlot, the issue for a park trail was deferred by the City
Council until the property was replatted. This plat was presented to the
Park & Recreation Commission and the issue was discussed further. The
Park & Recreation Commission is recommending a trail easement be
identified along the north limits of the plat. The developer agreed to an
easement for trail purposes within the 50' no-cut zone. This trail would
eventually extend to the east and intersect with the power line easement
which has been identified as a primary trail corridor through the Hillside
Estates residential development. Staff would recommend a 50' trail
easement consistent with the no-cut zone, allowing the trail to meander
through the trees that remain within this 50' no-cut zone. Since this trail
does not lead anywhere at this time, staff would recommend not constructing
the trail until the linkage can be made to the trail within the power line
easement further to the east. Deferring the construction of this trail through
a commercial area is certainly different than through a residential area
where residents have a tendency to be surprised of a trail being constructed
after homes are built.
Driveway Access
During the review of the Amoco proposal directly across the street from this
proposed plat, staff discussed with the City Council the need to minimize the
number of turning movements between 196th and 197th. Based on the uses
proposed by the developer of a motel on Lot 1 and a restaurant on Lot 2, an
access off of 196t~ serving both properties would be the best location. Staff
believes any discussion of access to this proposed plat should be reserved for
when a specific development proposal is applied for.
Recommendation
It is recommended the City Council approve the following:
\\elkriver\sys\shrdoc\council\p97-13. doc
Memo to Mayor and City CouncilfP 97-13
October 20, 1997
Page 3
Ao
Preliminary plat approval to subdivide approximately 3.8 acres into
two commercial lots, with the following conditions:
A 50' NO-CUT STRIP BE INCLUDED ON LOT 1 AND INCORPORATED AS PART
OF THE DEVELOPMENT OF LOT 1. THE NO-CUT STRIP SHOULD BE INCLUDED AS
A DEED RESTRICTION OR COVENANT ON LOT 1.
A SEALCOATING FEE APPLIED TO 196TM AVENUE IN THE AMOUNT OF $750 BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. PARK DEDICATION BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
o
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE
NECESSARY IMPROVEMENTS.
196TM AVENUE BE CONSTRUCTED FROM EVANS STREET TO THE EASTERN LIMITS
OF THE MENARDS SITE. THE STREET SHALL ALSO INCLUDE A SIDEWALK ALONG
THE NORTH SIDE OF 196TM AVENUE.
ADDITIONAL EASEMENTS SHOULD BE IDENTIFIED ON THE PLAT TO
ACCOMMODATE FUTURE HYDRANT LOCATIONS.
o
LOTS 1 AND 2 SHOULD BE GRADED ACCORDING TO THE APPROVED
GRADING PLAN. SOME TOPSOIL AND SEED SHALL BE ESTABLISHED TO
PREVENT EROSION.
A 50' TRAIL EASEMENT BE GRANTED ALONG THE NORTH LIMITS OF LOT 1
CONSISTENT WITH THE 50' NO-CUT ZONE.
10.
DEPENDING UPON THE TYPE OF DEVELOPMENT THAT OCCURS ON LOT 1,
ACCESS MAY BE RESTRICTED FROM EVANS STREET AND LIMITED TO 196TM
AVENUE.
Bo
Resolution No. 97- granting Final Plat approval with the conditions
as outlined in the attached resolution.
X\elkriver\sys\shrdoc\council\p97-13.doc
RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Hillside Crossing Four
Case No. P 97-13
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 October 20, 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:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
Co
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
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.
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\p97-13.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\p97-13.doc
STATE OF MINNESOTA
SS.
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\p97-13. doc
EXHIBIT A
Outlot B, Hillside Crossing Two, Sherburne County, Minnesota.
\\elkriver\sys\shrdoc\document\resoluti\p97-13.doc
EXHIBIT B
o
o
10.
A 50' NO-CUT STRIP BE INCLUDED ON LOT 1 AND INCORPORATED AS PART
OF THE DEVELOPMENT OF LOT 1. THE NO-CUT STRIP SHOULD BE INCLUDED AS
A DEED RESTRICTION OR COVENANT ON LOT 1.
A SEALCOATING FEE APPLIED TO 196TM AVENUE IN THE AMOUNT OF $750 BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
PARK DEDICATION BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE
NECESSARY IMPROVEMENTS.
196TM AVENUE BE CONSTRUCTED FROM EVANS STREET TO THE EASTERN LIMITS
OF THE MENARDS SITE. THE STREET SHALL ALSO INCLUDE A SIDEWALK ALONG
THE NORTH SIDE OF 196TM AVENUE.
ADDITIONAL EASEMENTS SHOULD BE IDENTIFIED ON THE PLAT TO
ACCOMMODATE FUTURE HYDRANT LOCATIONS.
LOTS 1 AND 2 SHOULD BE GRADED ACCORDING TO THE APPROVED
GRADING PLAN. SOME TOPSOIL AND SEED SHALL BE ESTABLISHED TO
PREVENT EROSION.
A 50' TRAIL EASEMENT BE GRANTED ALONG THE NORTH LIMITS OF LOT 1
CONSISTENT WITH THE 50' NO-CUT ZONE.
DEPENDING UPON THE TYPE OF DEVELOPMENT THAT OCCURS ON LOT 1,
ACCESS MAY BE RESTRICTED FROM EVANS STREET AND LIMITED TO 196TM
AVENUE.
s:\document\resoluti\p97-13.doc
Howard R, Green Company
CONSULTING ENGINEERS
CONXULTIN$ ENI~IN~
Formerly MSA
Consulting Engineers
October 16, 1997
File: 801450J-0240
Mr. Steve Ach
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, Mn 55330-0490
RE: HILLSIDE CROSSING FOUR
Dear Mr. Ach:
As requested, we have reviewed the proposed plat for Hillside Crossing Four. As you are
aware, this is the replatting of Outlot B, Hillside Crossing Two. This is the parcel of land at the
north end of Evans Street between 196th and 197th Avenues. Based on our review and the
comments received at the staff review meeting, we would offer the following comments:
There is a 50-foot no-cut strip along the north end of this site as part of Hillside Crossing
Two. I do not believe that this no-cut easement can be shown on a plat, but it should be
kept in mind as development is proposed in Lot 1.
The development of either Lot 1 or Lot 2 of this proposed plat should cause the
construction to take place on 196th Avenue at the south end. As you are aware, this road
was graded in as part of the Hillside Crossing Two plat, but only the curb line on the south
side was placed, so that the Menards site could be finished. The remainder of this street is
currently unbuilt.
We have discussed with the recent Amoco proposal the advantage of limiting driveway
access on Evans Street between 196th Avenue and 197th Avenue. Depending on the end
users of Hillside Crossing Four, it would be advisable to limit driveway access to only off of
196th Avenue. This issue should be reviewed when site plans for the two lots are
submitted.
4. This plat should pay a seal coat impact fee for 196th Avenue of $750.
As the site develops, depending upon the intensity of the development, it will be necessary
to extend watermain into the site and place hydrants for fire protection. Depending on the
type of development, it may even be necessary to loop the watermain around the perimeter
of the site for fire fighting purposes. Easements will be needed for these installations.
1326 Energy Park Drive · St. Paul, MN 55108 ° 612/644-4389 fax 612/644-9446 toll free 800/888-2923
Mr. Steve Ach
October 16, 1997
Page Two
6. The Preliminary Grading Plan prepared by Lot Surveys Company has a note that indicates
the contours shown are proposed contours from the Grading Plan prepared by MSA
Consulting Engineers. This site was not graded according to the approved Grading Plan.
This site was used for stockpiling excess material which has been removed over the past
year. Therefore, the existing contours should be reverified.
7. There was no proposed Grading Plan or Site Plan presented with the plat. We assume that
these will be presented as development is proposed for each of the two lots.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:tw
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Howard R. Green Company
CONSULTING ENGINEERS
LOCATION
City of
Rivage, r
Orono P.O. Bo 90
13065
Parkway
Elk River, MN 55330
ZONING
MAP
H'ILL,
DENOTES 1/2 INCH BY 14 INCH
R0N PIPE SET M'I'H A PLASTIC
PLUG ST~ R.ES. 2175,.3
- DIg~TES ~ ~
FOR Tt.E ~ OF Tt. IS PLAT,
THE NOETH.LN[ 0F, OUTLOT B
t'I. LSI~ CROSSI~ TWO B ~
TO BEAR'.SOUTH 87'19' 22" ~
100 0 100 2O0
· ' 1 14(~-I - 100 FEET
~ 10 FEET IN WI)TH AI~ AD~ RIGHT-
OF-WAY Ul~, IJ~ OTI-E:R~ ~A~,
~ 5 ~T ~ ~ ~ ~ LOT L~
~ 0~~ ~T~. AS ~ ~
VICHTY MAP
SEC. 27, T.53,. R.26
~ c, ounty Treaaxer
I hereby c~ that this i~ was filed in the ~ of the County Recorder for record on this
Elk River Park and Recreation Commission
January 17, 1996
COMMISSIONER DONAIS SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
Page 2
Consider Preliminary Plat for Oak Creek Estates, Case No. P 95-P,
Chair Dave Anderson informed the Commission that the proposed preliminary
plat is 17 acres in size and consists of 41 single family lots. The developers would
like a 20 foot corridor along the South side of the properties to be used for a trail.
The plan is for a trail extension from Meadowvale Heights to the Railroad frail. The
Park and Recreation Commission expressed concerns for the people who live
there whether or not they want it in their front yards or backyards.
COMMISSIONER ROLFE ANDERSON MOVED TO REQUIRE 70 FEET OF RIGHT OF WAY
ON THE ROADS ACCESSING THE PLAT FROM COUNTY ROAD #1 TO ACCOMMODATE
A DETACHED TRAIL ADJACENT THE EAST AND NORTH SIDE OF THESE ROADWAYS.
ONCE THIS TRAIL HITS THE SOUTHERN BOUNDARY OF THE PLAT IT IS TO CONTINUE
EASTERLY ALONG THE SOUTHERN PLAT BOUNDARY IN A 50 FOOT TRAIL CORRIDOR 25
FEET FROM THIS PLAT AND 25 FEET FROM THE PROPERTY TO THE SOUTH IN THE FUTURE.
AT THE SOUTHEASTERN CORNER OF THE PLAT A TRIANGLE OF PROPERTY IS TO BE
DEDICATED FOR THE TRAIL CORRIDOR 50 FOOT IN DEPTH FROM SAID SOUTHEAST
CORNER TO THE TRIANGLES HYPOTENUSE. COMMISSIONER DONAIS SECONDED THE
MOTION. THE MOTION CARRIED 7-0.
Discussion Concept Plan for Commercial Development (Hillside Crossinq II) Norfl',
of Sax Foods
Marly Glines, Phoenix Enterprises presented to the Commission revisions to the
Hillside Estates Planned Unit Development and new commercial project. The
Commission discussed park dedication and trail corridors.
COMMISSIONER OLSON MOVED TO REQUIRE A 100 FOOT WIDE TRAIL CORRIDOR
ALONG THE NORTH BOUNDARY OF THE PLAT FROM THE WEST LINE OF THE NORTHERN
STATES POWER EASEMENT TO THE INTERSECTION OF 197TH AVENUE AND EVANS
STREET. COMMISSIONER ROLFE ANDERSON SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
COMMISSIONER ROLFE ANDERSON MOVED TO HAVE A 10 FOOT DETACHED TRAIL
ON THE NORTHSlDE OF 1 ?7TH FROM THE INTERSECTION OF 197TH AND EVANS TO THE
INTERSECTION OF 1?7TH AND HIGHWAY 10. COMMISSIONER MADSEN SECONDED
THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER DONAIS MOVED TO HAVE THE CITY FACILITATE SKATING RINKS IN
DRAINAGE PONDS IN THIS AND OTHER PLATS. COMMISSIONER OLSON SECONDED
THE MOTION. THE MOTION CARRIED 7-0.
6. Park Service Areas - Steve Rohlf
Elk River Park and Recreation Commission
February 14, 1996 Page 3
$.$ Hillside Crossin~ II Commercia_.~l PUD and Prelimina Plat Case No. CU 96-1 and
,5.6
Mady Glines, Phoenix Enterprises, reviewed with the Commission the
recommendation to the Hillside Estates Planned Unit Development and new
commercial project which was made at the January 17, 1996, Park and
Recreation Commission meeting.
COMMISSIONER TUTTLE MOVED TO REQUIRE A 75 FOOT WIDE TRAIL CORRIDOR
ALONG THE NORTH BOUNDARY OF THE PLAT FROM THE WEST LINE OF THE
NORTHERN STATES POWER EASEMENT TO THE INTERSECTION OF 197TH AVENUE AND
EVANS STREET AND THE BALANCE OF PARK DEDICATION BE IN THE FORM OF CASH.
COMMISSIONER DAVE ANDERSON SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
Commissioner Tuttle left at this time 8:40 p.m.
Administrative Subdivision - Grace Assembly of God Church (Case No. AS 96-1)
Steve Ach, City Planner, stated Grace Assembly of God Church is proposing to
complete an administrative subdivision located at Tyler Street and County Road
13 to build a church on the larger of the two parcels in 1996. Commissioner
Dave Anderson stated this property is part of the Master Parks Plan and there is a
neighborhood park and trail issue.
DANA ANDERSON MOVED THAT THE COMPREHENSIVE PARK PLAN RECOMMEND TO
TAKE 10 PERCENT IN LAND WHICH WOULD BE PARK LAND AND TRAIL BASED ON A
SITE VISIT PRIOR TO THE CITY COUNCIL MEETING WHICH WOULD ALLOW THE
COMMISSION TO GIVE CITY COUNCIL A RECOMMENDATION. COMMISSIONER
DAVE ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff Updates
Phil Hals, Street/Park Superintendent, stated the Jaycees would like to build a
shelter in Orono Park. The Park and Recreation Commission suggested Phil
meet with the Jaycees on ideas and cost for the shelter.
Phil Hals, Street/Park Superintendent, distributed appreciation gifts to the
Commission members who could not make the appreciation dinner. Phil Hals
also distributed copies of the Master Park Plan, which were done by Building and
Zoning Administrator, Steve Rohlf.
Commissioner Huberty stated she is still waiting for the Commissioners input on
the community center idea and she will check with other commissions on
proposals for a communib, center.
City Council Minutes
March 11, 1796
Page ')
in the EAW is larger than stated in the original EAW. Because there is an increase
in the project's acreage, the Counc~ must determine if there is a potential of
significant environmental impacts, which would then require an updated
Environmental Assessment Worksheet fo be done. Steve Rohlf indicated that
staff's recommendation is that the EAW not be required because all
environmental issues involved with the project were identified and addressed
during the original EAW process.
Steve Rohlf reviewed the requirements of an indirect source permit (ISP]. He
stated that an ISP k not required at this time.
COUNCIl. MEMBER HOLMGREN MOVED THAT THE PREVIOUS EAW FOR HILLSIDE
ESTATES IS ADEQUATE AND THAT AN UPDATED VERSION IS NOT NECESSARy DUE TO
THE INCREASE IN ACREAGE OF THE COMMERCIAL DEVELOPMENT.
COUNCIl. MEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
, ~I~ 5.2,3,4,S. ~ Use Pl~n._Amend~enf Rezoninn Preliminc:rv PI~t
.~' ~" ~'~-, zC96-11 P96-1and U~'~' aCaseNo, sLU
City PIc:nner Sfeven Ach explained the requests as follows:
I * Comprehensive Land Use Plan Amendment. (LU 96-1) fo change the
land use designation from HB (highway businessJ to MR (medium density
residenfic:l) and MR (medium density residential) to HB (highway
business).
· Rezoning (ZC 96-11) approximately 2? acres from Rle (single family
residential) to PUD (Planned Unit Development).
' Preliminary Plat (P96-'/) to subdivide approximafehs, 29 acres into one
commercial lot and three ouflots.
· Cond~ional Use Permi~ (CU 96-1) for development plan approval of a
commercial planned unit development.
Steve Ach explained that the four appJicc:tJons involve the extension of
commercial development no~h of Sox Foods up fo l?Tth Avenue. The project
includes development plans for approximately 24.5,000 square feet of
commercial development. Af this fine, the only tenant is a proposed 161,000
square foot Menards facility.
Steve Ach indicated that following the Planning Commission public hearing for
the proposed development, several concerns were discussed. The Planning
Commission recommended approval after addressing the concerns I/sted in the
Memo to Mayor and City Council from the City Planner dated March 11, 1 ?96.
S
teve Ach indicated that the Park and Recreation Commission recommended a
75 foot park corridor along the no,'-fh pcdion of Outlot B. He explained that the
corridor would provide c connection with other corridors in Hillside Fstafes
residential area and would also provide c buffer strip beh, veen the commercial
and residential development.
City Council Minutes
March 11, 1996
Page 3
Mayor Duitsman opened the public hearings for items 5.2,3,4,5.
Mayor Duitsman entered into the record a leffer of concern from Cheryl R.
Becket of 11452 197th Avenue NW, Elk River. The letter indicated her concerns
as fo how the project affects her property.
Counc~member Holmgren indicated he did not agree with the proposed fra~
plan. He indicated that there is no need for a parkway at each infer~ection.
aLso indicated that he did not see a need for fraiLs to run along the backs of
residential property.
He
Jeff Meyer- 11475 197th indicated his concern of traffic on 197fh going into
Menards. He suggested a right turn in and right turn out off of Highway 16c) to
reduce the amount of traffic on 197th. Councilmember Holmgren requested the
City Engineer to contact MnDOT regarding the possib~ty of a right-in/right-out
into Menards. The City Engineer indicated that a right-in/right-out off Highway
16c) would be unlikely because of a prior agreement the city entered into with
MnDOT.
Further discussion was held regarding the fra~ system. Counc~member Father
suggested narrowing the' width to 50 feet.
Mayor Duifsman closed the public headngs for items 5.2,3,4,5.
COUNCIL.MEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-10, A
RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE
FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS).
COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-7 AN ORDINANCE
AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM R1E (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT)
CASE NO. ZC96-11. COUNCILMEMBER HOLMGREN SECONDED THE MOTiON. THE
MOTION CARRIED 5-0.
Discussion was held regarding the signal light and whose responsib~ity if would
be to pay for the light. Mayor Duffsman suggested that the developer pay 50%
of the city's share of the street lights.
DLscussion was held regarding the proposed 75 foot park corridor.
Councilmember Holmgren indicated that if the green space area was cut to 50
feet and it functioned as a buffer and was not a trail, then it would no longer be
considered park. Councilmember Dietz indicated that if the land is not
considered a trail but is a buffer, then the developer should pay park
dedication fee in lieu of the land.