Loading...
5.A.1. PRSR 10-13-1999 4.1 �\J ( ITEM # 5.A.1. ityofk/ River MEMORANDUM TO: Park& Recreation Commission FROM: Phil Hals, Street/Park Superintendent DATE: October 5, 1999 RE: Ice Rinks for Orono Park Area The location of additional ice rinks in the Orono Area offers some excellent recreation opportunities as well as some restrictive considerations. Lake Orono Ice: Positives: - Large area available. Negatives: - Can not flood or plow until the lake ice will • support a truck. • Lighting will be from shore side only. - Lighting may affect residents along the lake. - Not possible to do hockey boards. MSF Area Ice: Positives: - Irrigation water available for flooding. - Hockey rink is possible. Negatives: - No type of windbreak available. The costs associated with ice rinks include: Warming House Rental - 2 months $ 500.00/season Modification for Warming House 150.00 each Lights, Poles & Supplies 500.00/rink (Utilities to install at no cost) Hockey Boards (Material only City Park Staff to build & install) $ 3,500.00/rink • Cost of Rink Supervisors not Included 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 • October 5 ,1999 Page 2 The Park & Recreation Commission should consider the need for and amount of use received by neighborhood rinks at Barrington Park and Moldenhauer Park. Without warming houses or lights, these rinks do not appear to get much use. Is it worth department time to flood and maintain them? • • --Q • � INFORMATION \4 -4 yofI it ¶ 1kRiver. MEMORANDUM TO: Park and Recreation Commission FROM: Michele McPhersobirector of Planning DATE: October 8, 1999 SUBJECT: Revised License Agreement Language Attached is the revised license agreement with Elk River Country Club. Please refer to pages two and three for the revised language that was agreed to. • II 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 • LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into this day of October, 1999, by and among the ELK RIVER COUNTRY CLUB ("Licensor") and the CITY OF ELK RIVER ("Licensee"). WHEREAS,the Licensor is the fee owner of certain real estate,which it uses as a golf course, located in Sherburne County, Minnesota, and legally described on Exhibit A attached • hereto and made a part hereof(the"Property"); and WHEREAS,Licensee owns and uses for public park purposes, including cross country skiing trails and activities, certain real estate which is located adjacent to the Property; and WHEREAS, Licensor has historically allowed Licensee and the public to use the Property for cross country skiing purposes; and WHEREAS,Licensee has requested that Licensor grant a formal License to use the Property for cross country skiing activities, and Licensor has agreed to grant said License upon the terms and conditions set forth herein. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Grant of License. Licensor hereby grants to Licensee a license (the "License")to utilize cross country ski trails located on the Property during the months of November through April. This License is granted to Licensee, but is for the benefit of any member of the public who desires to use the cross country ski trails located on the Property, and any member of the • public shall have the right to do so under this License and pursuant to the terms and conditions of this License. 2. Term of License. The license granted herein shall commence on the date of this Agreement, shall be permanent and irrevocable, and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall run with the land. 3. Location of Trails. The ski trails on the Property shall remain in their existing location,unless alternative locations are agreed on by Licensor and Licensee. 4. Payment. In consideration for the granting of the License, Licensor shall receive $1.00 and other good and valuable consideration, including other property interests,the sufficiency of which is hereby acknowledged. 5. Indemnification. Licensor shall not be liable to Licensee, invitees and guests for any damage to person or property arising out of Licensee's use of the Property pursuant to this Agreement. Licensee shall release, indemnify,hold harmless and defend Licensor from and against any and all claims or causes of action for personal injury or for any loss of life or property damage arising as a result of Licensee's use of the Property. 6. Assignability. This License may not be assigned or transferred by Licensee without the written consent and permission of the Licensor or its successors in interest. This License may be assigned or transferred by the Licensor without the consent of the Licensee. 7. Termination. This Agreement may be terminated only by mutual agreement of the Licensee and Licensor. The license granted by this Agreement shall terminate as to any portion of the Property which ceases to be used by the Licensor as a golf course upon transfer of • that portion of the Property to a third party for non-golf course purposes. At the termination of - 2 - • any or all of the license agreement, the Licensor shall grant the licensee a sixty-six foot permanent, irrevocable easement located along and parallel to the easterly property line over that portion of the property over which the license has been terminated The easement shall be for year-round recreational purposes. 8. Notices. Any notices to be given under this Agreement shall be given in writing by depositing the same in the U. S. Mails,postage paid, addressed to the parties at the following address: If to Elk River Country Club: [address] If to the City of Elk River: 13065 Orono Parkway Elk River, MN 55330 Attn: City Administrator IN WITNESS,the parties hereto have executed this Agreement as of the day and year • first above written. LICENSOR ELK RIVER COUNTRY CLUB By LICENSEE CITY OF ELK RIVER By Its Mayor By Its City Clerk • - 3 - • STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1999 by , on behalf of the Elk River Country Club. Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1999, by Stephanie A.Klinzing and Sandy A. Peine,the Mayor and City Clerk,respectively, of the City of Elk River, a municipal corporation under the laws of Minnesota, on behalf of the corporation. • Notary Public THIS INSTRUMENT DRAFTED BY: Gray, Plant, Mooty, Mooty&Bennett(PKB) 3400 City Center 33 South Sixth Street Minneapolis,MN 55402 • -4 - • Exhibit A for License Agreement The South 283.71 feet of the Southeast Quarter of the Northeast Quarter and the North 126.29 feet of the Northeast Quarter of the Southeast Quarter and the East 885.00 feet of the Southeast Quarter, Section 20 and the Southwest Quarter of the Southwest Quarter, Section 21, all lying west of the Westerly line of the former right-of-way of the Burlington Northern Railroad Company,all in Township 33, Range 26, Sherburne County, Minnesota. • • pk./ A( Item# t'� ity •of1 v MEMORANDUM Ilk Iiver TO The Park and Recreation Commission FROM: Stephen Wensman, Planner 50 DATE: October 13, 1999 SUBJECT: Park Dedication Requirements for Windsor Park Request Consider park dedication requirements for Windsor Park preliminary plat. Location 212th Avenue and Elk Lake Road, just south and west of County Road 33 and Elk Lake Road. Zoning/Land Use Rla (Single Family Residential) /LR (Low Density Residential) • Attachments • Location Map • Preliminary Plat Overview Windsor Park is the City's first residential cluster development with 31 single- family residential lots on 57.03 acres. Presently, the site is about 50/50 rolling and wooded to the west, and flat open meadow to the east near Elk Lake Road. Over 50% of the development, 33.27 acres, will be open space permanently protected by a conservation easement and owned in common by a homeowner's association. Of the 33.27 acres, 12.06 acres is wooded and 15.20 acres is open meadow. The developer proposes to have the clustered septic drain fields, community gardens and trails in the open meadow, and have the wooded open space become City park. The 31 lots are set back from Elk Lake Road, situated in the wooded portion of site surrounding the wooded open space. Park Dedication Requirements The present draft of the cluster ordinance would require the developer to dedicate 10% of the platted land for a park, 5.7 acres, or pay park dedication as follows: • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 2 • Park dedication fee requirements shall be based upon the number of lots that • could be created with a conventional standard subdivision layout if fees are paid in lieu of land. The developer would like to dedicate the 12.06 acres of wooded open space that is central to the homes as City park in lieu of park dedication fees. In addition, the developer would like to incorporate a concrete sidewalk on the residential side of the 212th Avenue and Landers Street as a public amenity beyond what is required by the Subdivision Ordinance. The developer states that this amenity would not be affordable if park dedication fees were required. The developer also believes that the City should waive park dedication fees for cluster developments in order to create an incentive for developers. The developer believes that open space is a public benefit and the costs of clustering homes and septic systems is more expensive than conventional rural (2.5 acre lot) development. Master Park and Recreation Plan The Master Park Plan does not identify a need for a park in this area. Woodland Trails Park is located about 4 miles to the south on Elk Lake Road. The Master Park Plan only identifies neighborhood park needs in the Urbanized portions of the City. Considerations • The Master Park and Recreation Plan may need to be updated to better incorporate possible park and recreation in the R1a zoning district. Future cluster subdivisions in this area could be link together to create a network of park and open space areas. Is the public benefit of preserving open space a fair trade-off to provide incentives for developers to try cluster development? Is it a benefit to parks and recreation if the open space is linked to the City's park system and open to the public? Is the proposed park suitable for park and recreation purposes? If the public was allowed on private open space, there is no guarantee that the trails and open space will receive proper maintenance. It is also likely that if the public used the trails and open space, then the homeowner's association might then ask the City to provide maintenance. Although the public might legally have a right to use the open space, it is unclear how welcoming the neighborhood might be to all residents and associated activities. Action Requested Consider the park dedication requirements for Windsor Park, a 31-lot single-family residential cluster development. Staff has outlined three alternatives and recommends that the Park and Recreation Commission recommend either of the • first two. The alternatives are as follows: \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-12.doc Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 3 1. Accept the 12.06 acres of wooded open space as dedicated park to satisfy dedication requirements. According to the Subdivision Ordinance, only 5.7 acres of land (10%) would be required to satisfy park dedication, or; 2. Require park dedication fees based upon the number of lots that could be created with a conventional standard subdivision layout (+/- 21 lots rather than 31; a $13,000 bonus). Possibly, the developer would choose not to install the concrete sidewalk on 212th Avenue and Landers Street, or; 3. Waive park dedication fees if the developer guarantees public use of private trails and open space by language in the conservation easement document. • \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-12.doc LOCATION ___.... . ENN -WS,Mir • Aft 111100:. ��_ � A Lh .� ►:*• ♦ , x T �/ ,. :•4..• , , ei..,w.v4,44.,., Wee: NEL qiiipN'iii • ,.....t........:st, •.st,.iii i •r& 'Meek.. ■49.7411iir - , 01. fjriIl 1 Tiller. Wk, Atr .111. r �o LI II ,roo rr,vo 7 f I aliPateigli '' M. 1F 1 0, _moo. R12. tor milli oFI LOCATION N i1! kjver it Iv . MAP i ..‘ 13065 Orono Parkway •P.O.Box 490 CASE: P 99-12 Elk River,MN 55330 s,\)L-1 • .1 IR ■ p ; G �• rl, W),• cil a e lititi .. - \ 1 7 A Eli I , Ji, 111 11111‘ 1°I.1441"7 ilk 111 . li 11 Ation ‘\\k'SV\\Ioli%#.iiI-A i- Vliglitihmille ) I;it ii I I ilk ilkirVit /-■• _.-----------411114\A\ N Iftg-ti. $N Ariagradr: 11101__Iry 1 tii,e-&,Att■!!!!..., ,I11-',-----=-;---F--=—a•-•-c.r_-!-_---.0-".------ At / 'Alt ,,117 2do. \..9j :■ , ,,Fie•---,-, ---.-1:,-...-..ii---;-0----4:- -- .,....11/11APtjej Le , rk4sklie-5110-i\--v witittriesi-,;#491AR • '" ar cup_ ::►0 ii 1 . ' -." i iii, i ing . 0 :0411:1aft:21.111kir • 141:41. ItIallk 23 4 CD , • -- Ak-n■4iroiliivr- lit r , 53- ,.- . • • - 411.,,,i,‘. 4.0. bInC�i 7C '1"\._ ‘�o ° i r AkiL 'w "i'ce .o . A /� 0 p ii— //40, tor Nis ' \ .•. '4' -110, '.1 A-71,;( - 1 3.1 .. // . A.... .,, 4,1‘,..e.s.,, ,.. ,.,.7‘... .t.,...iftzi i . . .....,,,,,......... ..4.:;. , ,...,, ,,a.. 17' i 1 i:: / gitifrs•n/ INsi. 41•114-:::44.......dr,.... .,;(1.71•1/ ....„...,,digirj, ;poi dia7 E'....",..,,,.....t 1 / Ci ill I It tt At-il' ( 1, t { ..,!,; .11 0 c. 1 � vi ii;� i •• ®t :'j g 1 ' : I';E: . .. ,ts, a 1 i, ;I I A Jur . li 1._ li 1 1 il 1; 7 lib 1 1 fi i 1 I g \ Jof O/vr d Assoolstss,ho. "n•7 0"°;..«., am 9/27/99 •„pfl' arc Gcscru.noN WINDSOR PARK .. ...�.,. ,.,,..,r.., �' y" ' + w: x9„ € ELK RIVER,MN so s.+n...•.. �.y"'y u.M..a r,.,...+..,NAM Br: TGL R DYNAMIC'S,LAMM k DEHRER CO. UP riisy.7-so7yiry r�•r9r' E.:::u .m"dl,/'7F✓/J�^�_ a•» ,y "M 997 r.n..n...A.4,IN.s9• /��^ owa: •n-an.o.owe W\ PREUMINARY GRADING PLAN 7.7'iH-3a11 0211o:°'ain o�,•'.�, R.,N.,, 'N9, 77000-03 • . . '_,_) I ' " s ' -°" • i , I r1/.IM�/r.l - » 1(_ i e a , 4 AN,t ..w. ,, owl is t 5o,'�, 'i �s� � i,4.,.., p A ``,„,. T iiIIII■,,, 1+1111hiiiiii - -1■11 Ilit1/4,6,:,...r„.411-17\ 111 i i filli 11111 ....„4 "- .4'74t:‘,,,,.,411 ill I s! ee. :rt. ,p i ����1�� Ipso . if . ���� •1 7. R tairf. ..-.•,--*".` f St " : , ---ki ° "I kt.11114 -*IN :52ii r; I iy- 1 Oil ..t._lig 410 ,,,, 11,,,,,i) i tr 41 1 10 i lie 1 .- i Aarillirri44,r414%9) - - -Ivo,* D ,v. otirmill,: ,... rii,11._ v. , .44ei,,,,,,r,„5 .2;23 p■,.. „. /id& ; J,.......40 .. .... IE 4•0411111. %Om ia �v , N "......4411.1L.........._,�, . dim, isi ". i3 t ! i� h •� Vii '" 101 ill 444‘ 14 0 , 0 if 3, ° d " 1 _a 2 -. 13;;i‘.■ '''..,'''. 1-41. ''- 10 I C3 1". (1111111 je.: o . tit ° O�; � I tit - �' �` ma ,/ . ` " ,. y I I !/ � �� , ■ 4'1LO V, '-',..>"=.., 1 n'A 4! I : I / / :,e,;-•.� yt .�41 . •� "Fi..... ...,-.7, • ....,%.,. Nit, NIIIIVik0 1 "..1 Al Il■tiff sliwillifitipi ha .a / -14 AlPitt,. -N,._,-,--#*, �_1! iW1EE __ —_- . _ • \-1 WINDSOR PARK ��Oliver!Aasodatsa,irk .»« w=....%7:e`" am 1/27191 K arz ocsrnrnar John, ....e.....1/..... a aae."..,..el e6/P0: M!� ELK RIVER,MN a,M.4....+wn s�".wre;i.�er ..b..w ai.spa.mom gr_ m R FOR tR MN,.Y"»"la,N., ow..r-r,n fnrmr-,a„ N"'""•"*.a MCm MT: . W\ DYNAMIC'S.LAMM k DEHRER CO.LLP ",r.,ti,,..,,l,.0 1.,e» °No SO- MR PRELIMINARY PLAT 018"."""''"n"�0"-8.41 Der s/24121 RN w,21rn FL N,; 7760 r0-43 Item# y of � MEMORANDUM rikRiver TO The Park and Recreation Commission FROM: Stephen Wensman, Planner DATE: October 13, 1999 SUBJECT: Lafayette Woods Fourth Addition Park Dedication Fees Request Consider the appropriate park dedication fee amount for Lafayette Woods Fourth Addition. Location The site, Outlot C, is located at the intersection of Upland Street NW and 193rd Lane in Lafayette Woods Second Addition and adjacent Cherrywood Hills Second Addition. Zoning/Land Use Rlc (Single Family Residential) /MR (Medium Density Residential) Attachments • Location Map • Final Plat • Park and Recreation Minutes, May 10, 1995. • City Council Minutes, March 25, 1996 • City Council Minutes, February 22, 1999 • Resolution No. 99-17 • City Council Minutes, March 1, 1999. Overview On October 11, 1999, consideration of the Lafayette Woods Fourth Addition final plat was discussed by the City Council. The Council tabled the item until the October 18, 1999 meeting, in order to allow the Park and Recreation Commission to determine the appropriate park dedication fees. • 13065 Orono Parkway • P.O.Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 2 Lafayette Woods Fourth Addition is the final phase of the development with 38 lots. With the final phase, Lafayette Woods consists of 201 single-family residential lots. Park Dedication Issue On March 25, 1996, the Council approved Lafayette Woods First Addition with 31 acres of donated land for parks and required park dedication fees of $550 per unit. A condition of the approval states: 17. PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. On May 19, 1997, the City Council granted final plat approval for Lafayette Woods Second Addition and required park dedication fees of$600 per unit. On February 22, 1999, the Council passed Resolution 99-17 that increased residential park dedication fees from $650 per unit to $1,100 per unit with a $200 trail fee. On that same evening, the Lafayette Third Addition Final Plat was postponed to the March 1, 1999, Council meeting. • On March 1, 1999, the City Council approved Lafayette Woods Third Addition Final Plat with $650 per unit park dedication fees. The reason for the lower park fees was because the final plat was submitted prior to the fee increases. At that time, the developer felt because of the unusual circumstances of having donated land for parks in the First Addition and having paid park dedication fees, he should be granted a $900 per unit park dedication fee for the 4th Addition (Same rate as Trott Brook Farms). The Council made no action regarding the 4th Addition at that time (See attached March 1, 1999, Minutes). By City Ordinance, park dedication fees are paid with the final plat and are based on the rate at the time of final plat On October 11, 1999, staff recommended that to be consistent with City Ordinance and policy, the Council should require the amount of the park dedication fees be based on the rate at the time of final plat ($1,300/lot). If a reduced fee were granted, on what grounds could the City deny lower park fees for the final phases of Hillside Estates or other developments? Hillside Estates was granted preliminary plat approval for all phases of the development on June 28, 1994 and will likely seek approval for the final phases in 1999 or 2000. \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-11.doc Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 3 • Requested Action Staff and the City Council requests that the Park and Recreation consider: 1. Is a $900 per residential unit park dedication fee equitable considering the developer's donation of 30 of the total 123 acres for park land and the payment of dedication fees with each phase of the development? 2. That the Commission comment on the quality of the 30 acres of park land in Lafayette Woods. 3. Have a representative from the Commission at the October 18, 1999 City Council meeting. • • \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-11.doc i - LOCATION • 9 � • :� � • \11111111111 .. 4,���cte �d�jr i Its .. . :C �ais ��/'crJ�•n ���w..u/► 4 ' my • 'it..Si4PArra.°4°t.k. .1 • aost,- Tereati■ilri:Irjj.:ttr.l. ter-gives.= s ifiliailitantsk. . V Au Ars, 1 & t :, ��".rr r �i+w op9ff�''-+-qty ��a� ., � •;..� /,. O �:fi.'us-i�l� ♦4,1t'lY ,5081 3ik�I4 ;e I ®w� ..� �:.,L a ;•. ©m.ci,•o', u'2 L Ji �� '�""' NA !� ,. ac`s R, V� 4' lia----1 --4-----!1E ----. - ---........„„'"ffl°4‘4tAllai imam . • lowpoodiOlii! ii, , Nit .Sort f '1;:i E.: '.,4' '''',*:;:i.,'"h fe• i,-,„„.M16'. N ii" �cian1. lit \II 141103'. /Rp � 'A i� . • 9 . �, -z� Z 1V� y Mu. , k* & =Zr. :....,MMAI;. • (aaw.� - * O t. J 5 p .� '1� will �.� I►EMiEEII �R `, : � _ � ► roc: .� . LAKE �f6.� .i 1/13110110.1111.- ���� �-ng:' !- i \t�:� m.�. y.q lD• !r 11 t Yir..a. I o? ,� i1-• "'_WI � IL PIi9 alli !a ft. •b.. kt;A. i u Ite NT A ,� �i,i ".�► „•ail::.9 1 4rrri1:Si11�.. 1+ �'=a��c;;llt!! ii[s [�r n r_ 1.�11i% "Ii Illi :r • 7....41 Q�a' I • 1 ,.,, 1110- /�, :A _ volt- 441:It N.c. 011 L !i !tC`. • �%t� 114".' ....Q�.s.^� — �b///� 1�= =1- 1�WO± . Mr.s . ?!•T,/ sA`/ 1.r,,.i rn!!f� ..rj�i;l�1� ,.p�1 : \ '�f� T : • ,- 'lc.g,f r7�►ri or :w, t4i� ;►ic°tP�a to rtt:^ s�1- / ;• � a�.` S. -al .. 1 t:/@ti i I•' . .- `«,ii Fi we� I rj, v. �. sal • LOCATION N i31kkjver MAP • 13065 Orono Parkway •P.O.Box 490 CASE: P 99-11 Elk River,MN 55330 : . t T.; I . ..r4^ 44 1 AS n Alik 0 I. : i C.)C3 V ONO 0 3 S S111H 0 0 0'''''''''is'd sti Ei'ri 0 i E cz cc, .. 9. ....L ws VI MN/0•411.3 . ___Olrf611 3.LI.$t.ON •-•:::\:\\ \ •...... •■1 E....4 /"" M E..1)•"••• / 1.:: I 1. i in•• ri• P•• f4 6.1'.... i ...:4 ,,/ ,t 11 i - kiR0 mr ;. 0.0,1---;;:',-a, ,1:0* ‘' % t_sT0.3 I-MA Lai .,..-.," 4,, ' ..!--.----,xec t,,.. ...:k ..,,.. - 8 m,. f;d\\e --j_r .. . , -- R .ai,.. ...k\v- .. . .... .41.14%Ls cmvidas `4 4;z:".:;b . 11 ' q /.-- . Ian rat..... Fo or 4 C.41'lk''.. ■■f„,1„.t..0"'..4.:. c.. 'I,. 4 A,...... ' ..:',4::X.,„ i rg., t 1 Ugaip n"n fra!&,-7 .'•41,,,4' N'4,,p, orA\ '.. a V> 4' 4+ c ° ./ i .,( %%aam• ) // .., // I i .. 7.6,- .1 ig . i,.0,,...'■ ""\ ,-..4 ,i,i, \,i,i- CV ..4,....A, .>. .t.,../ ,,34...,\, n oi,..,1 ... . .> ;_ 41. ....., / //- --1 HI - krr t II .....:-.^- 4.' Ael. .------\\/‹. e•-•••/ . •%,•\,' .:..)- cv) 1 i \ t•-.. _ 1- ,„11 ,'' 4P--./ t. .V.. 1* . . . \ . .i. -14. ., ,,'1., '«i', ''. c 1 ... V--$' b ', l'" ....,„„, CZ), '...._ A i\ /"/ " 'P .e'"<:,,..../. 0,..: - 1 st ...„."'"-;1::' , .,\ efli> t,-,i , :,,,•:?--;11.2 C , ..,..4. 9 \ \ ' , \ ,< "....;:- / / ,:::: ,t, t4' ‘, '' .. ••„, c._ .-.-...-1 / : . / /I'l? ° 1 ,:;.....0. . „... ,._..., ...., •1 .il M.,rKkatiii-1 ,,47.'". V 1 M-•• i 1 I r; / , LTV' I C%. :*. N %el ',2. 0,05,11 9 2' .,>,.. :4'il 41; 4-. & czi 1 1 4 ° / /..,i: ? ',,$. .,trt l' / . /- ' .....- I P. 2 ' :51.,, •ty':- ii.t2,A• 1. ih`* 4". .. '"/ - ge6 ri og",:‘ \ -4 ois,•/a' 0 T*> .' .V-;ct, 05.--8 ; ii...... ,..,,,4.1r ...r $44 )Ii,•?0,* 0.4 , ‘2.-; - ----P 7- t4"C"- c'>•N' .."?:',/.. AV,, 0...CC , .., ..N.4 ' •? 4.1:3 ---.-- '----I I • •e■ 41s **:AP /41: :' '''' i "' ..- ' t' / Lit'be, + I\ ., / .0.*..' ...**) ''' I I----...--_ % Z.-AtI61-- 41\ -'4{% 1 ;041'4..■■......1.■:•.•■-I I,...... 00. * ‘1Cn.0•4'• 1 .0 •-•• •■•--.. 1 i . g. • - \ .- 'd•.../.. 4,1\41.)....-'411#. hLt4%LI cootian 8 sz S■• ..• .•••..... 1.--\1"'N.,•'..) ,P"-- ." \ I #. I------- . \ .4•Isk ,-, \=,,,,:' ';E3 14 \v" 1 ,.3.,-- 14. -..1.4._..... ,.,, I.-- -1 1 \ --444.-' \ , ---- ,--1--- i -- 1---,-, , I--- , . , , c - \ ... =c - \_...,L•li. .. .. ; '2. \ \ i CO .1 ,../ ■••■... ... "7, / •'"et; , atr• .-.1."'is• . ■ '..................7..........‘.........c04,5k..." :.... ■•• ...)ic Lr; ›. Lt.. ...._ / ......r.,....\'' 1.4.4. r."‘...../■•• -r- --------( --- vt-s_., >„ _____-00-00.1"\__-- ..7\ . \ nt,c, „- \ p... \ ..„.\---- ,..--- ,,,.....--- -- ... 1.1/`L C) . , / / / I-I-- : k .,-----0, _...L.'" . i / / --- „.---tx l„..-- r .4, ,_,/ ...0.,0-ccc,‘.k'--- zl1••■ _.-..ccp ...- ..-' ill M- ...., tt I en < , I''':•"; I .*: lIZC L_ '...4 LI_ efg Ii I" ?1,' §gi -e 8 7'.. IA ..L.;.-'ff2 E31 1 ,..,,g,„. Etrf, , Li_ ilia ...: 1.1 v ..,.. iMelligl 44,„ 0 roil s itit-,,c,44 _I h r .,„..., N - 8- 1 •447P-- M a 4 0 •• ...,.i. 1 8 1 2r.0 .1."5.• .• q 1 . 1 2 7•1 g• L -•-f-/ 0:1 tS.'1 .5.1; 1 a -".".1 1 NS A s E ■ .5 ii 2 St-1 I d 1:11 IP WEER . • - . g .6 2.2 &,, 2 2 sn a 1 t!I Ms A it 1.41 46-110glivid . a ...E.e • • 1 • • • - . • - • .„. ...„...... ..... „. , ., , .,. •, .. . -,. • • '. . . . .„.. . -.,.,., . . .. •• .'•,. . '.*.• . • •• - - : ' .., -' . . ' . ' . • . ■ ,• . . Elk River Park and Recreation Commission Meeting Page 2 May 10, 1995 Commissioner Olson arrived at this time. (7:30 p.m.) 6a. Lafayette Woods • Discussion was held regarding trails and sidewalks in this development. COMMISSIONER DANA ANDERSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT IF 193RD AVENUE ALONG THE SOUTH SIDE OF THIS PLAT IS CLOSED TO . VEHICULAR TRAFFIC IN THE FUTURE THAT THE RIGHT-OF-WAY BE MAINTAINED FOR USE AS A NON-MOTORIZED PATHWAY. COMMISSIONER DONAIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. • COMMISSIONER DANA ANDERSON MOVED TO CREATE AN ACCESS FROM RUSH DRIVE, IN THE AREA OF LOT 14, BLOCK 3, OF ABOUT 35 FEET IN WIDTH TO PROVIDE A TRAIL CORRIDOR TO THE RAILROAD TRAIL AND ON TO MEADOWVALE SCHOOL COMMISSIONER DONAIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER DONAIS MOVED THAT LOTS 38 AND 39, BLOCK 4, BE SHORTENED SLIGHTLY SO THAT THE REAR LOT LINES DO NOT ENCROACH ON THE HIGH PROPERTY WITHIN THE PARK. COMMISSIONER DALEIDEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER TUTTLE MOVED TO ASSUME THE POSITION AS STATED AT THE APRIL 12, 1995, PARK AND RECREATION COMMISSION MEETING REGARDING SIDEWALKS. COMMISSIONER DALEIDEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER DALEIDEN MOVED THAT OUTLOT"A" SERVE AS PARK DEDICATION PROPERTY FOR THE PLAT UNLESS THE OWNER DONATES OUTLOT A AS A LAND • CONSERVATION EASEMENT AND GIVES THE PROPERTY TO THE CITY AFTER THE EASEMENT IS GRANTED AT WHICH TIME STAFF SHOULD NEGOTIATE A REDUCED CASH PARK DEDICATION FEE. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Discussion of Park Projects Used for Community Service The Commission discussed recent community service projects and agreed that while the city encourages and appreciates these projects,there needs to be contact with the proper authority, planning, and coordinating construction and the long term maintenance. After a year or two,some of these projects become unsightly or fall into a state of disrepair. Chair Anderson and staff will set down some guidelines and bring them back to the Commission for a review at a future meeting. 8. Discussion of Issues Regarding Railroad Trail Crossing-County Road 1 Chair Anderson led the discussion on the upgrade of County Road 1 indicating that the proposed plan calls for a 72 foot wide roadway which will include four traffic lanes and 12 foot paved shoulders. The safety of a major trail crossing a major roadway and the expense of a foot bridge was discussed. . COMMISSIONER TUTTLE MOVED TO RECOMMEND THAT THE ROAD IMPROVEMENT • PLANS INCLUDE AN UNDERGROUND PATHWAY FOR A SAFE PEDESTRIAN CROSSING • • City Council Minutes March 25, 1996 Page 6 13. A NPDES • '•MIT BE OBTAINED PR:OR TO COMME ' ING WORK ON-SITE. 14. N ESSARY • ' •ROVALS FROM M` •- :E OBTAINE• PRIOR TO OMM •CING WORK ON-SITE. , 15. H- FUTURE REPLATTING OF OUTLOTS MAY NE SS ATE AN INDIRECT •• URCE PERMIT. THIS WILL HAVE TO BE C• •SIDERE" WITH FUTURE PLATS. 16. A L ER OF CREDIT COVERING 10• OF THIS COST •F IMPROVEMENTS BE SUB I1TED TO THE CITY PRIOR - RELEASING THE PLA FOR RECORDING. 17. A DESI BE WORKED T BETWEEN THE CITY ENGIN ER,THE DE L•PER AND THE 0 HO E WORKEDO DIRECTLY TO THE NOR H,TO AL '•W / ORE DIRECT ACC 0 THEIR HOMES. COSTS ASSOC!• ED WIT. HES; IMPROVEM,g T HALL BE THE RESPONSIBILITY OF E DE LOPER INCOM/PL- TION O- HIS REQUIREMENT WILL NOT •ELA HE REC•RDING OF E P AT. . . .` 18. A TAIN A NO CUT ZONE •&ONG THE N• -T 0 FEET OF O LOT B. IN ADD ON,A NO CUT ZONE SHO LD BE . • -LISHED BEYON THE EASTERN EDGE • THE PLAT FOR A DISTANC' • 9. THAT 50%OF - ITY'S SHA• 0 THE SI •LIZATION STS BE PAID BY THE DEVELOPER. . • COUNCILMEMBER FARBER - ONDED THE MOTION. THE MO •N CARRIED 4-1. COUNCILMEMBER • y' •PPOSED. Councilmember Dietz indicated he opposed because he disagreed wit' 'tern 6.4. Windsor Development Request for Final Plat (Lafayette Woods) Case No. P95-2 City Planner Steven Ach indicated that a request for final plat has been made for Lafayette Woods by Windsor Development. The original final plat consisted of 52 single family lots along with 7 outlots and is located west of Proctor Street and south of Ridgewood Addition. The current final plat now includes a total of 75 single family lots. Steven Ach reviewed the staff memo on this request. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-13 GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995, BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE DEVELOPMENT. • • City Council Minutes March 25, 1996 Page 8 16. FUTURE PHASES OF LAFAYETTE WOODS BE PREPARED IN ACCORDANCE WITH THE CONDITIONS OF PRELIMINARY PLAT APPROVAL 17. , PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 1-87--A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE CITY COUNCIL PRIOR TO FINAL PLAT APPROVAL OF THAT PHASE CLOSEST TO RIDGEWOOD SUBDIVISION. • 19. ' APPROPRIATE EASEMENTS BE SHOWN ON FINAL PLAT TO COVER UTILITIES, WETLANDS, AND DRAINAGE AREAS:',': 20. ` THE CITY ACCEPT OUTLOT A AS A CHARITABLE CONTRIBUTION FROM THE DEVELOPER 21. , THE DEVELOPER BE RESPONSIBLE FOR INSTALLING A SECONDARY ACCESS FROM THE WEST END OF THE FINAL PLAT TO COUNTY ROAD NO. 1 AT THE APPROPRIATE TIME AS DETERMINED BY THE CITY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. • OPEN MIKE No one appeared for this item. 5.4. Ice Arena Project Update and Might Ducks Grant (Round 2) Application City Administrator Pat Klaers indicated that the bidding process for the ice arena is projected to move forward with bids being opened on April 23, and presented to the Council on April 29. He further indicated that the city plans to submit the Mighty Ducks grant application on April 5. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE RESUBMISSION OF THE MIGHT DUCKS GRANT APPLICATION FOR THE ICE ARENA PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. 5.5. Cass Property Update City Administrator Pat Klaers updated the Council on the purchase of the Cass property. He indicated that the city owns 115 acres in the southwest corner of 165th Avenue and Jarvis Street. The property will be used for recreation fields, sludge land and 6 marketable home sites. The City Administrator reviewed a concept of how the recreational fields could be developed. • Elk River City Council Minutes Page 6 February 22, 1999 • Mayor Klinzing indicated that she would have supported the smaller project, ,■wever she will not vote in favor of the large project • e • her concern r garding fu g of the project. T E MOTIO CAORIED 4-1. Ma .r Klinzi g oppose■. C•UNC MEMBER 'IETZ AUT ORIZED TH= USE OF ASTEWATER •EAT NT PLA. F DS 0 MAKE U• FOR TH RUNK SEWE" LINE •HORTAGE OF A'PRO IMATELY $21• ••0 OVER THE IFE OF HE PROJECT. k 0-NCILMEMBER THO P.ON SECONDED THE MOTION. THE M• I• CARRIED 5-0. 6.4. Resolution Establishing Park Dedication Fees for 1999 John Kuester, park and recreation commissioner, indicated that the Park and Recreation Commission is recommending the Council increase park dedication fees. He indicated that staff has researched park dedication fees in other cities and determined that Elk River park fees are not in line with surrounding communities. Commissioner Kuester noted that the Park and Recreation Commission feels their recommendation to increase the fees has been carefully thought through, is fair, and has been done in a strategic manner. John Kuester stated that people moving into the City want a park system to meet their needs. He further noted that land values have increased in Sherburne County by about 70 percent since the last time park dedication fees have been increased. Councilmember Farber stated that he concurs the City needs to increase its park fees, however he questioned why there is no graduation in the increase. He • indicated that he is concerned with the fairness of increasing the fees so drastically at one time. Councilmember Thompson noted that he feels the proposal is fair, however, he is also concerned about not phasing in the increase. He further noted his concern as to how this increase would impact developers currently in the platting process. Councilmember Dietz stated that Elk River is in demand and this is not the time to be concerned about increasing its fees. He noted that the increase in the park dedication fee is a step in the right direction so people can have the park system they expect to have for a City the size of Elk River. Councilmember Dietz questioned the reasoning and necessity of charging park dedication fees for industrial property. Councilmember Dietz further indicated that he would not be in favor of phasing in the increase. Councilmember Motin indicated that Elk River must be compared to neighboring metropolitan. He further indicated that he has concerns regarding industrial property paying park dedication fees. He stated he would prefer to see plats that are in the planning stages be grandfathered-in some way so they are not stuck with the entire increase without having planned for the increase. Homer Tompkins, developer of Trott Brook Farms, indicated that they are proposing to develop a park and to pay their park dedication up front and questioned how an increase at this time would affect his plat. Elk River City Council Minutes Page 7 February 22, 1999 Stoffel Reitsma, park and recreation commissioner, indicated that he feels the increase is necessary as the City will need new schools, trails, and parks. He further • indicated that he did not feel the park dedication fee would affect the industrial or commercial businesses moving into the City. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-17 AMENDING THE PARK DEDICATION FEE FOR RESIDENTIAL, COMMERCIAL,AND INDUSTRIAL DEVELOPMENT CONTINGENT UPON AMENDING THE FEE STRUCTURE AS FOLLOWS: IN THE EVENT A PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT IS APPROVED WITHIN ONE YEAR OF THAT DATE,THE RESIDENTIAL PARK DEDICATION FEE SHALL BE$900 AND NO TRAIL FEE SHALL APPLY. COUNCILMEMBER FARBER SECONDED THE MOTION. Discussion pursued regarding the definition of the one year time period. The city attorney suggested that the final plat be submitted within one year from the preliminary plat approval. COUNCILMEMBER MOTIN MOVED TO AMEND HIS MOTION TO STATE THAT THE RESIDENTIAL PARK FEE SHALL BE$900 AND NO TRAIL FEE SHALL APPLY PROVIDED THAT THE PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT SUBMITTED WITHIN ONE YEAR FROM THE PRELIMINARY PLAT APPROVAL DATE. COUNCILMEMBER FARBER SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 3-2. Mayor Klinzing and Councilmember Dietz opposed. 6.5a. onsider Transfer of Cable TV Franchise • The '. Clerk requested the Council to approve the tra• fer of control and ownershi. of Jones Intercable to Bresnan Telecomm 'cations Company. She indicated the the Sherburne/Wright Cable Corn Sion is recommending approval of the transfer. COUNCILMEMBER FA• ; R MOVED TO ADOP •ESOLUTION 99-18 CONDITIONALLY CONSENTING TO THE TRA FER OF CONT• •L OF AND CERTAIN OWNERSHIP INTEREST IN A CABLE TELEVISION FRA • ISE TO •MCAST CORPORATION AND ITS WHOLLY OWNED SUBSIDIARY, COMCAST • • B - COMMUNICATIONS, INC. COUNCILMEMBER THOMPSON SECONDED THE MOTIO . THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOV•' TO ADO RESOLUTION 99-19 CONDITIONALLY CONSENTING TO THE TRANSF•• OF CONTROL • AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FR• CHISE TO BRESNAN ECOMMUNICATION COMPANY, LLC. COUNCILMEMBER • RBER SECONDED THE MOT 0 . THE MOTION CARRIED 5-0. 6.5b. Cable TV Govern nt Access Channel Guidelines COUNCILMEM R FARBER MOVED TO APPROVE A MISSION STATE T, PURPOSE, OBJECTIVES •ND GUIDELINES FOR ELK RIVER GOVERNMENT ACCESS :LE TV CHANNEL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTI• CARRIED 5-0. • RESOLUTION 99-17 CITY OF ELK RIVER A RESOLUTION AMENDING THE PARK DEDICATION FEE FOR • RESIDENTIAL, COMMERCIAL,AND INDUSTRIAL DEVELOPMENT WHEREAS, the City Council of the city of Elk River, in Ordinance 87-1, established that a development fee may be paid for Park Dedication purposes and that this fee shall be set by resolution of the City Council; and WHEREAS, the City Council has received and reviewed a recommendation from the Elk River Park and Recreation Commission that the Park Dedication Fees be increased due to the increased need for recreational opportunities which increased development causes; increasing land values in the City of Elk River; and the increasing costs of providing recreational opportunities in the City of Elk River; and, WHEREAS, the adoption of this resolution adjusts the Park Dedication Fees adopted in Resolution 97-87. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River that the Park Dedication Fees paid to the City in lieu of 10% of the undeveloped land be set at: • *Residential $1,100/lot or dwelling unit plus a $200 trail fee, effective 2/22/99 Commercial $3,000 per acre, effective 2/22/99 Industrial $2,000 per acre, effective 2/22/99 * In the event that a preliminary plat has been approved by the city council on or before February 22, 1999, and the final plat has been submitted within one year from the preliminary plat approval, then the park dedication fee shall be $900 per acre and that no trail fee shall apply. Passed and adopted by the City Council of the City of Elk River this 22nd day of February, 1999. Steph'nie A. Klinzing, Mayor ATT ST: • Sandra Peine, City Clerk \\elkriver\sys\shrdoc\document\resoluti\parkded.doc k`AW14- I°A \ Cl Coor.ctL- rVI N 4.2. Consider Final Plat for Lafayette Woods Addition Final Plat, Case No. 99-4 • Steve Wensman stated that the Council continued this plat request to resolve a screening issue between Ridgewood and Lafayette Woods Third Addition. He noted that a meeting with the developer, city staff and representatives of the Ridgewood Homeowners Association resulted in an agreement to a landscape plan which would address the buffering issue. Ron Bastyr,developer of Lafayette Woods,stated that he previously donated 31 acres for park land,which was over and above the park dedication fees that he also agreed to pay. He requested the Council to allow him to pay$650 per acre for park dedication in lieu of the newly adopted park dedication fees. He further requested the Council to consider charging $900 per acre for park dedication for the next phase of the plat in consideration of the 31 acre donation. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-21, GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS 3RD ADDITION, CASE NO. P 99-4 WITH THE CONDITIONS LISTED IN THE STAFF MEMO PLUS'AN ADDITIONAL STIPULATION THAT $650 PER LOT BE CHARGED FOR PARK DEDICATION (REASON FOR$650 IS THAT THE FINAL PLAT WAS SUBMITTED PRIOR TO THE INCREASE IN PARK DEDICATION FEES). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Dietz suggested that a representative of the Park and Recreation Commission be present to explain the 31 acre donation when the next phase of the plat is proposed. Mayor Klinzing stated that in the future, park land donations should be noted in writing so that the Council is fully informed of • the situation. • .--(.1 A( Item# ity of , MEMORANDUM R• iver TO The Park and Recreation Commission FROM: Stephen Wensman, Planner j0 DATE: October 13, 1999 SUBJECT: Park Dedication Requirements for Windsor Park Request Consider park dedication requirements for Windsor Park preliminary plat. Location 212th Avenue and Elk Lake Road, just south and west of County Road 33 and Elk Lake Road. Zoning/Land Use Rla (Single Family Residential) /LR (Low Density Residential) IIIAttachments • Location Map • Preliminary Plat Overview Windsor Park is the City's first residential cluster development with 31 single- family residential lots on 57.03 acres. Presently, the site is about 50/50 rolling and wooded to the west, and flat open meadow to the east near Elk Lake Road. Over 50% of the development, 33.27 acres, will be open space permanently protected by a conservation easement and owned in common by a homeowner's association. Of the 33.27 acres, 12.06 acres is wooded and 15.20 acres is open meadow. The developer proposes to have the clustered septic drain fields, community gardens and trails in the open meadow, and have the wooded open space become City park. The 31 lots are set back from Elk Lake Road, situated in the wooded portion of site surrounding the wooded open space. Park Dedication Requirements The present draft of the cluster ordinance would require the developer to dedicate 10% of the platted land for a park, 5.7 acres, or pay park dedication as follows: • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 2 • Park dedication fee requirements shall be based upon the number of lots that • could be created with a conventional standard subdivision layout if fees are paid in lieu of land. The developer would like to dedicate the 12.06 acres of wooded open space that is central to the homes as City park in lieu of park dedication fees. In addition, the developer would like to incorporate a concrete sidewalk on the residential side of the 212th Avenue and Landers Street as a public amenity beyond what is required by the Subdivision Ordinance. The developer states that this amenity would not be affordable if park dedication fees were required. The developer also believes that the City should waive park dedication fees for cluster developments in order to create an incentive for developers. The developer believes that open space is a public benefit and the costs of clustering homes and septic systems is more expensive than conventional rural (2.5 acre lot) development. Master Park and Recreation Plan The Master Park Plan does not identify a need for a park in this area. Woodland Trails Park is located about 4 miles to the south on Elk Lake Road. The Master Park Plan only identifies neighborhood park needs in the Urbanized portions of the City. Considerations • The Master Park and Recreation Plan may need to be updated to better incorporate possible park and recreation in the Ma zoning district. Future cluster subdivisions in this area could be link together to create a network of park and open space areas. Is the public benefit of preserving open space a fair trade-off to provide incentives for developers to try cluster development? Is it a benefit to parks and recreation if the open space is linked to the City's park system and open to the public? Is the proposed park suitable for park and recreation purposes? If the public was allowed on private open space, there is no guarantee that the trails and open space will receive proper maintenance. It is also likely that if the public used the trails and open space, then the homeowner's association might then ask the City to provide maintenance. Although the public might legally have a right to use the open space, it is unclear how welcoming the neighborhood might be to all residents and associated activities. Action Requested Consider the park dedication requirements for Windsor Park, a 31-lot single-family residential cluster development. Staff has outlined three alternatives and recommends that the Park and Recreation Commission recommend either of the • first two. The alternatives are as follows: \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-12.doc Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 3 1. Accept the 12.06 acres of wooded open space as dedicated park to satisfy dedication requirements. According to the Subdivision Ordinance, only 5.7 acres of land (10%) would be required to satisfy park dedication, or; 2. Require park dedication fees based upon the number of lots that could be created with a conventional standard subdivision layout (+/- 21 lots rather than 31; a $13,000 bonus). Possibly, the developer would choose not to install the concrete sidewalk on 212th Avenue and Landers Street, or; 3. Waive park dedication fees if the developer guarantees public use of private trails and open space by language in the conservation easement document. • \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-12.doc LOCATION • _... � ■ ■ I / ' . . AilirllakiVMvivtsz.:LA' I/ . . 1 1:.":4;x•i4Kr 7 air ■.***********.w f;--•4ww-A ' '•••••••••••••.•.-,.-****- I witi.ovf, ..„v.."..4.444.,. •••••••W", ,,.,,44 i 1 i: ,14,140, 1 LIV•t*t.•■•,•,4 Ai b.. 04 ral . , ' ':' : 4> Ar4 orrigif Milm611111). N 4•,4.11,* .1 , 41*.trar 1 millin labibliolt, ' +..o'u� ' • • Rh fii,.qjr4P ! \la— IIA"—-0,.,,0 i ' c 1 itall w , M ,fillin Ill liii ty ,44 111 WOO WM .i*ZVI fill : r , . ...i.y.„1„ ,...,1,..r , - maw", ,, 411....:.a.il_hi . . . I._ ii.)... OF lila i 1.7 .... miwa . IIIP KIWI 11111 1 1 II"" 1 . UM Mill EL IMP■Iiiii 111 al "dig P 1 r "\.( • LOCATION N City of , : . MAP Elk River , 1 ,, 13065 Orono Parkway •P.O.Box 490 CASE:, P 99-12 Elk River,MN 55330 I a l ... iv II B — - '" rte: ® R . 1..ldi - — • � r LIN, imprirSI2 LIIIIVAPZWArkig�.�sf� .ham_ �� •n 1\V ✓ '' , //F \ 7 Fir,.�,i / Yt7I � �t��1>� 1141. 1st 1 I. lc At•\tev,v? 1.11,11411 • y4\; ?V.Tle.'.1)itilltt$ ! IRA! ' ( / 1 r 1 I I I I iitil's.'!"\???::::;444i 4 VII i) 'II \ \s,4,,,JO.,`14.--;-... l' \\t,‘\.141'11,•,131 _...,,. .\1 i ............■-------___4111110/9\ VIII 4:1----41. .D. �,� ,:rte._ kr�� �, 1 1,`r �� iild I .� Wi►c,,,��i . ,i'r lii ' IlL dip.! Go __------ice, \,,„,,, '�!i; rr I .y. ....#1, ,.., .. - -.....,,,,.1 ►� I -_,11.4,,,,. . ir- ....N. tan I ii 1/* IP` .,47., '4--,41/44,,,,//' ,4ell'' ” 4 ; o o 2 ! 1 . , .41. !iv . a o .. iliffilit /*/'Z. t/ ' I}1 1 a Vii► �.o ! I'ill. '''''''s..- '... ..1 '.4 Iti-,.....1.7-\", '46.1:. 7.4.L.-, ""......":4:: / ......,.. ....71rt 'Thoi /11 1 ' 1 ' • �>I �J r341 st I / ■A..-. , -.:0 -' .. Pr.1 ill' ( 1 I i i 1 ' g; x t Al i1'' , tt ` { II s•I Le lb 11; 1 1 ; I I f4 i„r . li 1 li 1 1 11 pl 7 I I - II g I IV n I! 1 II 1 1 I lik li '4 ,/ i lirg I 3 I ` \ WINDSOR PARK ms +,,, !'µd As•• ts "« �: ' ?tea a ^ ELK RIVER.MN _ Na a+n••.m. °A' g,ti;.1.7,: ir...."mom or. Tu Q DYNAMIC'S, LAMM k DENRER CO. LLP f •N•-1r i rrii 4u• a w. a 'V w wa acam BY '146" ri• n oNdwr•T.n n.e.ZOO V ozq: r�rxz.n.a e W\ PREUMINARY GRADING PLAN ($108,4-sass' marp.`w° i� wt.. N. x i o.h z Pip.Mw z nu to- 7760.10 w • . \\ ' ‘.-. asss 'I hi 0 • .. / 1 ) I ' " s s a : ' . 1 1 ;1 le ( l•IIMPIIII1 111/ —L- '--- - ■ .. ., T-.,.....,:; ..rAllj . 1.."7 '1 .---...= --2:-"'''.!'"Arj ,, 1 - - • sp.. !ir ..• i.. lviw;wegilit,„ -410--Aiiroo--. . . inwpAimniLog.f. w,„ -ikibk„, . aLliii i Id. . . ie . 244 N L4•45 Ilk I-=`. --'"-- \ IVI 232:--- tft-TI.Ar'' '''aL. ' .T' ,/* • idirChiria="4: - W,"\ 1110 1 i ; IRA ! Si mil . ; A.., 1 . /a i F. A' 2E2j: I---- --1 1 - .51 ' AV- "----•"` ', 1,,, IHII 1---- 1 1°1 ' i 4 7 1 i. jii 4 ri 4 A41,, , ,Stfiiii44: • ' 2 2..., I V `i:**LIIP.,•,-.--t.1 _ gSISS I g 10i010 i vie . •tilk-.1g-11, „ lkfl#41 I. i 1.1141.1741441401j,) - VA 1 1 mil • , i'VlAii Alk,zniariniiilisetli " /*IV \um --.-x:r4111fts ..v‘.,11 •'. lii-Ww.".443411,.., 4pouNc.”..,;......= ppy --.... .itriggig,--•-- mrifiv.4.-,,,,- - ..w.,..„ „A ..e.te. .......41; oil if;11 .zi:. I _ sr 'fifrib ‘14-1i..41413:1.7- ria I li 3 Et ! Vir tlitiV.----114mitlifilt II I • 4 • gill . 7 t.ED__ i _ Lb- .. 1__ At4war164111k 0 c _ Ncivrol-00.--- le .. . . • .1_ - • CI ,, .. ifg 1 :- .„.4•;°A.Irlo° -'. ' 0 Nsrp, I : . I'll RPti • i 4110" 1 i 11.11 N.'s$1. • .. A.. . . ilf, g --:.". , - .-,. . ' illtelkitiy 0 jerat eV ' .: x •F7 ,.. •,.,.. ...,. 40144 v-dylop t . i .. ..... . .,.,„),.,,,,, ..0 . . 4 A,,,..-i.Asiv.,,,,, •..,-..„-.....,,t, _ ,„/ AMP% , p *- -ie.- ;. .. 1,....,.%*,,,, _.•■ / 4., tt" 14 .. . 1 U ' / / 1 v / -- N 'A /974, 46,.' ,.,; 47.',-'•;•-.,., t& -11111! .^' I ! firitEvtaIrtil i p4 liet=1;:bffrf 41 =., :4.4%1 in I ipi. / - ,,,,..,,,szt.t..„251%,-- , 4•Aik Ai . 1 1-At V. illgi4IiIiii;IIII i.".(1.41*. • -•'-4-.1 - k :', 1Midir - -jg 0 rd m !ittilflittifittliP. / / • )tr,!... 2....L__7fiXtt' '‘*.miiI2\''. •._ • '• 1 , 0.4.... ,,,...,_,,.,. , ...w...„„,(..... -...... .1...1,,01,, al gi fit:41=111'f ift rilil :fral.igt.iii1171 A A I' / b. .--•-•-.....,,,., if4125=i0 = 44 rgi xiifilliAlit! lii ; i! :Ili -r 'It 0 f dI.-is itt-fill -pf • , tsir •-•: -..-....,. tilk-, ill lit' I- ft U.N* • ftlftli.1111 1 ii .A. Ise ,r4sZits/t g; le it 1= ip .!Riii —.-. . • - ■■. 1...L.."1 ...-...... ..--1 '."----....\,..., ...4fr■••••••■•-til-4.,,I.1%,- .• / '''.. .. il,‘748111* ' 0 V g WINDSOR PARK 4411n41....v.r lAs....V.FLIgn•kIc' :■•••were'rmer::"%"="4"...OZ. flIC/PG:DM 'IL"A" '7 ' ...,...•Muir Llama.*Lewd DCWRIPTCMI A ELX RIVER. UN 1.:i'''V:.".... surnsa under Ine Imo ed u.*22 DNA"et_____ . R . FOR (sts)44.sers marmr-uss • '""""". CHCOCCO ft....AL... •. \ DYNAMIC'S, LAM &DEHRER CO.LLP m r.r,....„r,.......,e,,, OS*—.-IWZALMOL • • • ftmloarMcliMmemosfiin -. (j., \ • PRELIMINARY PLAT 010894-33411 flAIM4-4104t mu; 2/24/22 ap....my, fmr NO, neo.w-03 ■ • . ..._ . . . . . . ..... __ ... .. ... , . . . ---.•-— . • • ' ,,, . ( X Item# y of , i4 MEMORANDUM lk River TO The Park and Recreation Commission FROM: Stephen Wensman, Planner DATE: October 13, 1999 SUBJECT: Lafayette Woods Fourth Addition Park Dedication Fees Request Consider the appropriate park dedication fee amount for Lafayette Woods Fourth Addition. Location The site, Outlot C, is located at the intersection of Upland Street NW and 193rd Lane in Lafayette Woods Second Addition and adjacent Cherrywood . Hills Second Addition. Zoning/Land Use Rlc (Single Family Residential) /MR (Medium Density Residential) Attachments • Location Map • Final Plat • Park and Recreation Minutes, May 10, 1995. • City Council Minutes, March 25, 1996 • City Council Minutes, February 22, 1999 • Resolution No. 99-17 • City Council Minutes, March 1, 1999. Overview On October 11, 1999, consideration of the Lafayette Woods Fourth Addition final plat was discussed by the City Council. The Council tabled the item until the October 18, 1999 meeting, in order to allow the Park and Recreation Commission to determine the appropriate park dedication fees. III 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 2 Lafayette Woods Fourth Addition is the final phase of the development with • 38 lots. With the final phase, Lafayette Woods consists of 201 single-family residential lots. Park Dedication Issue On March 25, 1996, the Council approved Lafayette Woods First Addition with 31 acres of donated land for parks and required park dedication fees of $550 per unit. A condition of the approval states: 17. PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. On May 19, 1997, the City Council granted final plat approval for Lafayette Woods Second Addition and required park dedication fees of$600 per unit. On February 22, 1999, the Council passed Resolution 99-17 that increased residential park dedication fees from $650 per unit to $1,100 per unit with a $200 trail fee. On that same evening, the Lafayette Third Addition Final Plat was postponed to the March 1, 1999, Council meeting. • On March 1, 1999, the City Council approved Lafayette Woods Third Addition Final Plat with $650 per unit park dedication fees. The reason for the lower park fees was because the final plat was submitted prior to the fee increases. At that time, the developer felt because of the unusual circumstances of having donated land for parks in the First Addition and having paid park dedication fees, he should be granted a $900 per unit park dedication fee for the 4th Addition (Same rate as Trott Brook Farms). The Council made no action regarding the 4th Addition at that time (See attached March 1, 1999, Minutes). By City Ordinance, park dedication fees are paid with the final plat and are based on the rate at the time of final plat On October 11, 1999, staff recommended that to be consistent with City Ordinance and policy, the Council should require the amount of the park dedication fees be based on the rate at the time of final plat ($1,300/lot). If a reduced fee were granted, on what grounds could the City deny lower park fees for the final phases of Hillside Estates or other developments? Hillside Estates was granted preliminary plat approval for all phases of the development on June 28, 1994 and will likely seek approval for the final phases in 1999 or 2000. 1111 \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-11.doc Memo to Park and Recreation Commission/P 99-11 October 13, 1999 Page 3 Requested Action • Staff and the City Council requests that the Park and Recreation consider: 1. Is a $900 per residential unit park dedication fee equitable considering the developer's donation of 30 of the total 123 acres for park land and the payment of dedication fees with each phase of the development? 2. That the Commission comment on the quality of the 30 acres of park land in Lafayette Woods. 3. Have a representative from the Commission at the October 18, 1999 City Council meeting. • • \\elkriver\sys\shrdoc\planning\stevewen\parkmmo\p99-11.doc LOCATION 41) r a ml t lijAIF . 44, _ II ir. �� ...gi n., ` `;,.,Ir ,., : t:.!IA," 17 Si � .:∎a " =E�� w,vi' �=viers- ,� �. a9� *. .44'.% 011Pf =o►ill♦♦Voir�`fit: ii4l�A0 ifil_ illy III r� ," V ,P..t.,. 1 ' Pglii glitRwilk LAIR Agi AllMIla. r N� �.th 0"11417+ ia-• �. A nw g" .PAR Cx IP& . . 1r�1�-i ���311► wr �9Jr. , . ., mow.4I��41 'tom ° «,7 1.1.= ry�...!..! '• ® 1 : ir-'0, ...""'. u ... wii y, Ng \ 41 12 ' ,r• y� �'Jf.. w 161,_. �• *)���i vii 4.- .U� .: *A:14: • I ii,�,��� V��II0 ds \ L -- _..�:r ,...,`.L1,n, • ,L,,.....;,- �\ +� _-- •°:.';•L•Ilk or • Or I • • MI� tea: t + •�'« °''.*ter `er ��. I otl�l"�I�..r1_ ►1 e tali R • i :- .,.. _ ., m� - �,u LAKE I ......' 1 - �%G, :'® '111U. - ` N��i�."� "•`fir'L 17,0 . 4/P,''",,w'm11::19 1 Sat'SIIIr rq ... •41;11in .•c4._ an 11 1' 11 n4lAfi . �:!'.' 4� 1 111145' 1 �Ili1 441 •fit s K. 1 ,1 111q Ni 1� Ij''e1�1.1,1 f.. .,l'—'d.,u�\ _ � ijT-'a . ,,�1,.1y1 tr•r r Os ATV sqy �.� ^mh ' -ilk �� :. n v I n 1:r•c ilgV .- fit: •��.c li►— +i..._��is. .� P.. gi s%7 LOCATION N Cit1kkjver MAP 0 13065 Orono Parkway •P.O.Box 490 CASE: P 99-11 Elk River,MN 55330 CY U C4 Em ♦/•1 I I h •W ti's I n P 1 1 1 ♦. 1\ Aish 1\101. 1 11 II 1.I ;It\\"/'•�1• 11 IMy 111 1;11,1; ♦ I/IJ•AIM;/; O x 1411111PF \ 11 0(.J J 1 J•/ 11 1 .J♦I /I /\\J♦J_J 1 Q CZ1 '9L'N t{..1.in'.{'1/1'M'N 1.•NI 1b3 , \ 1 ti .T ,�-- / ---09'9011 3.LI.K,ON--7:-‘'\ \ --` --— w Q m• 1 Iz v8 i� + a °� ii. N �.T .t// 4.\z a a y o 0'104' l — —$-t oow i LJL.> Llt7,10-,:..ti --i6Cd Y "4 •'+1 S tt•^'�H'1S UNV�dna y / T 1 9910 m-I fv"II— 4� �' • Ay7v' 8 v s�*, ,'% 1 i 1.,, i r__r.,../ / gal at V I a 1�'•- 'C� ash^/ a'� > �• ° /i I I°tfi,�J i / I I Si ., :� \ ?ice R e M 1 �l .m ■ l u r /\ r g, / ♦ :-3 // „ l .•may?-..-1 \ \--�i'tis"'h g a{+s— rig 6 La J I e • P.. / / a n / :_. �� i �Q a tsi� :� nom a ' & -a ill 1 / m /-- ` �, (HC c'. -. x yi a +- rtjy�. 1a 1 „ // °/� ' tu� � n%t3��;�gs't�� •9 q, \/• ¢,���: 8/n v t! ����wl 1c _ 1 — z\L..�'?C/ -/..\ %4 S) 1'• --40 L—_i..__.J 1 a I r, 1----— M.9ZAO,ON �y, 41 $,i /Ogt,•r.) V'Z.NW ! O _ I ° • \ -r s,.S,.�S:odo.�wyb'MN as mnnan s s5 s� X1.1`- I ,. 1� .� ••11 N Y J _ /s \ �_ LL 1._. --q .. I _ \\ ,1-- li --r'4-' \ - 1 - Y F- S 1 t / J \ 1 I \� .�/ ; \ \ I j- i , ..r,• —T——� \ \ Y /\�R°�° - r ® 1, -J.- / / I a \ ° \—; y /(1` �, i / /E °.i rl.-*** ` L O N°� �I '1`, w We- Ali tom/ a J IBC] I -c L- LJ _ • -.8s- _ 6 $ kt$ e"b o;3 is I °- 5 z \C S °� Sus 5 1�"ri �✓am ° K am$ <1 z °s !Ili ,��.� 14 a �s Its ppf _ •mil r'iE 1�X :E.c ..8 • mods . • • _ Elk River Park and Recreation Commission Meeting Page 2 May 10, 1995 Commissioner Olson arrived at this time. (7:30 p.m.) 6a. Lafayette Woods • Discussion was held regarding trails and sidewalks in this development. COMMISSIONER DANA ANDERSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT IF 193RD AVENUE ALONG THE SOUTH SIDE OF THIS PLAT IS CLOSED TO VEHICULAR TRAFFIC IN THE FUTURE THAT THE RIGHT-OF-WAY BE MAINTAINED FOR USE AS A NON-MOTORIZED PATHWAY. COMMISSIONER DONAIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. • COMMISSIONER DANA ANDERSON MOVED TO CREATE AN ACCESS FROM RUSH DRIVE, IN THE AREA OF LOT 14, BLOCK 3, OF ABOUT 35 FEET IN WIDTH TO PROVIDE A TRAIL CORRIDOR TO THE RAILROAD TRAIL AND ON TO MEADOWVALE SCHOOL. COMMISSIONER DONAIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER DONAIS MOVED THAT LOTS 38 AND 39, BLOCK 4, BE SHORTENED SLIGHTLY SO THAT THE REAR LOT LINES DO NOT ENCROACH ON THE HIGH PROPERTY WITHIN THE PARK. COMMISSIONER DALEIDEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER TUTTLE MOVED TO ASSUME THE POSITION AS STATED AT THE APRIL 12, 1995, PARK AND RECREATION COMMISSION MEETING REGARDING SIDEWALKS. COMMISSIONER DALEIDEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER DALEIDEN MOVED THAT OUTLOT"A" SERVE AS PARK DEDICATION PROPERTY FOR THE PLAT UNLESS THE OWNER DONATES OUTLOT A AS A LAND CONSERVATION EASEMENT AND GIVES THE PROPERTY TO THE CITY AFTER THE EASEMENT IS GRANTED AT WHICH TIME STAFF SHOULD NEGOTIATE A REDUCED CASH PARK DEDICATION FEE. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Discussion of Park Protects Used for Community Service The Commission discussed recent community service projects and agreed that while the city encourages and appreciates these projects, there needs to be contact with the proper authority, planning, and coordinating construction and the long term maintenance. After a year or two,some of these projects become unsightly or fall into a state of disrepair. Chair Anderson and staff will set down some guidelines and bring them back to the Commission for a review at a future meeting. 8. Discussion of Issues Regarding Railroad Trail Crossing-County Road 1 Chair Anderson led the discussion on the upgrade of County Road 1 indicating that the proposed plan calls for a 72 foot wide roadway which will include four traffic lanes and 12 foot paved shoulders. The safety of a major trail crossing a major roadway and the expense of a foot bridge was discussed. . COMMISSIONER TUTTLE MOVED TO RECOMMEND THAT THE ROAD IMPROVEMENT PLANS INCLUDE AN UNDERGROUND PATHWAY FOR A SAFE PEDESTRIAN CROSSING • City Council Minutes March 25, 1996 Page 6 110 13. A NPDES -*MIT BE OBTAINED PRIOR TO COMME • ING WORK ON-SITE. 14. N ESSARY • ' 'ROVALS FROM M` '- :E OBTAINED PRIOR TO OMM .CING WORK ON-SITE. , 15. H- FUTURE REPLATTING OF OUTLOTS MAY NE SS ATE AN INDIRECT ••URCE PERMIT. THIS WILL HAVE TO BE C• 'SIDERE• WITH FUTURE PLATS. 16. A L ER OF CREDIT COVERING 10••e OF THIS COST •F IMPROVEMENTS BE SUB ,ITTED TO THE CITY PRIOR - RELEASING THE PLA FOR RECORDING. 17. A DESI BE WORKED0 T BETWEEN THE CITY ENGIN ER,THE DE L•PER AND THE 0 HO EOWNERS DIRECTLY TO THE NOR H,TO AL •W ORE DIRECT ACC 0 THEIR HOMES. COSTS ASSOCI• ED WIT, HES: IMPROVEM,E T HALL BE THE RESPONSIBILITY OF E DE LOPER INCOM,PLETION O' HIS REQUIREMENT WILL NOT •ELA HE REC•RDING OF EPAT. 18. A TAIN A NO CUT ZONE •t,ONG THEN• -T 0 FEET OFyO LOT B. IN ADD ON,A NO CUT ZONE SHO LD BE . • -LISHED BEYON a THE EASTERN EDGE • THE PLAT FOR A DISTANC' • s . • 9. THAT 50%OF ITY'S SHA THE SI •LIZATION 'a STS BE PAID BY THE DEVELOPER. . • COUNCILMEMBER FARBER - ONDED THE MOTION. THE MO •N CARRIED 4-1. COUNCILMEMBER a •PPOSED. Councilmember Dietz indicated he opposed because he disagreed wit' 'tem 6.4. Windsor Development Request for Final Plat [Lafayette Woods) Case No. P95-2 City Planner Steven Ach indicated that a request for final plat has been made for Lafayette Woods by Windsor Development. The original final plat consisted of 52 single family lots along with 7 outlots and is located west of Proctor Street and south of Ridgewood Addition. The current final plat now includes a total of 75 single family lots. Steven Ach reviewed the staff memo on this request. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-13 GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995, BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE • DEVELOPMENT. . , City Council Minutes March 25, 1996 Page 8 16. FUTURE PHASES OF LAFAYETTE WOODS BE PREPARED IN ACCORDANCE WITH THE CONDITIONS OF PRELIMINARY PLAT APPROVAL 17. PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. • 187 —A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE CITY COUNCIL PRIOR TO FINAL PLAT APPROVAL OF THAT PHASE CLOSEST TO RIDGEWOOD SUBDIVISION.• 19.` APPROPRIATE EASEMENTS BE SHOWN ON FINAL PLAT TO COVER UTILITIES, WETLANDS,AND DRAINAGE AREAS."',: 20.` ` THE CITY ACCEPT OUTLOT A AS A CHARITABLE CONTRIBUTION FROM THE DEVELOPER.' 21. , THE DEVELOPER BE RESPONSIBLE FOR INSTALLING A SECONDARY ACCESS FROM THE WEST END OF THE FINAL PLAT TO COUNTY ROAD NO. 1 AT THE APPROPRIATE TIME AS DETERMINED BY THE CITY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. • OPEN MIKE No one appeared for this item. 5.4. Ice Arena Project Update and Might Ducks Grant (Round 2) Application City Administrator Pat Klaers indicated that the bidding process for the ice arena is projected to move forward with bids being opened on April 23, and presented to the Council on April 29. He further indicated that the city plans to submit the Mighty Ducks grant application on April 5. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE RESUBMISSION OF THE MIGHT DUCKS GRANT APPLICATION FOR THE ICE ARENA PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. 5.5. Cass Property Update City Administrator Pat Klaers updated the Council on the purchase of the Cass property. He indicated that the city owns 115 acres in the southwest corner of 165th Avenue and Jarvis Street. The property will be used for recreation fields, sludge land and 6 marketable home sites. The City Administrator reviewed a concept of how the recreational fields could be developed. • • Elk River City Council Minutes Page 6 February 22, 1999 • Mayor Klinzing indicated that she would have supported the smaller project, .wever she will not vote in favor of the large project • e s her concern regarding fu g of the project. T E MOTTO CA','IED 4-1. Ma •r Klinzi g oppcse•i. C•UNC MEMBER 'IETZ AUT ORIZED TH: USE OF ASTEWATER •EAT NT PLA k F DS O MAKE U' FORTH RUNK SEWE LINE •HORTAGE OF A'PRO IMATELY $2.. •.0 OVER THE IFE OF HE PROJECT. k 0,NCILMEMBER THO P.ON SECONDED THE MOTION. THEME I• CARRIED 5-0. 1 r____ 6.4. Resolution Establishing Park Dedication Fees for 1999 John Kuester, park and recreation commissioner, indicated that the Park and Recreation Commission is recommending the Council increase park dedication fees. He indicated that staff has researched park dedication fees in other cities and determined that Elk River park fees are not in line with surrounding communities. Commissioner Kuester noted that the Park and Recreation , Commission feels their recommendation to increase the fees has been carefully thought through, is fair, and has been done in a strategic manner. John Kuester stated that people moving into the City want a park system to meet their needs. He further noted that land values have increased in Sherburne County by about 70 percent since the last time park dedication fees have been increased. Councilmember Farber stated that he concurs the City needs to increase its park fees, however he questioned why there is no graduation in the increase. He el indicated that he is concerned with the fairness of increasing the fees so drastically at one time. Councilmember Thompson noted that he feels the proposal is fair, however, he is also concerned about not phasing in the increase. He further noted his concern as to how this increase would impact developers currently in the platting process. Councilmember Dietz stated that Elk River is in demand and this is not the time to be concerned about increasing its fees. He noted that the increase in the park dedication fee is a step in the right direction so people can have the park system they expect to have for a City the size of Elk River. Councilmember Dietz questioned the reasoning and necessity of charging park dedication fees for industrial property. Councilmember Dietz further indicated that he would not be in favor of phasing in the increase. . Councilmember Motin indicated that Elk River must be compared to neighboring metropolitan. He further indicated that he has concerns regarding industrial property paying park dedication fees. He stated he would prefer to see plats that are in the planning stages be grandfathered-in some way so they are not stuck with the entire increase without having planned for the increase. c Homer Tompkins, developer of Trott Brook Farms, indicated that they are proposing to develop a park and to pay their park dedication up front and questioned how an increase at this time would affect his plat. • Elk River City Council Minutes Page 7 February 22. 1999 Stoffel Reitsma, park and recreation commissioner, indicated that he feels the increase is necessary as the City will need new schools, trails, and parks. He further • indicated that he did not feel the park dedication fee would affect the industrial or commercial businesses moving into the City. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-17 AMENDING THE PARK DEDICATION FEE FOR RESIDENTIAL, COMMERCIAL,AND INDUSTRIAL DEVELOPMENT CONTINGENT UPON AMENDING THE FEE STRUCTURE AS FOLLOWS: IN THE EVENT A PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT IS APPROVED WITHIN ONE YEAR OF THAT DATE,THE RESIDENTIAL PARK DEDICATION FEE SHALL BE$900 AND NO TRAIL FEE SHALL APPLY. COUNCILMEMBER FARBER SECONDED THE MOTION. Discussion pursued regarding the definition of the one year time period. The city attorney suggested that the final plat be submitted within one year from the preliminary plat approval. COUNCILMEMBER MOTIN MOVED TO AMEND HIS MOTION TO STATE THAT THE RESIDENTIAL PARK FEE SHALL BE$900 AND NO TRAIL FEE SHALL APPLY PROVIDED THAT THE PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT SUBMITTED WITHIN ONE YEAR FROM THE PRELIMINARY PLAT APPROVAL DATE. COUNCILMEMBER FARBER SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 3-2. Mayor Klinzing and Councilmember Dietz opposed. 6.5a. onsider Transfer of Cable TV Franchise • The •'1 Clerk requested the Council to approve the tra• fer of control and ownershi. of Jones lntercable to Bresnan Telecomm !cations Company. She indicated th• the Sherburne/Wright Cable Com • sion is recommending approval of the transfer. COUNCILMEMBER FAR. R MOVED TO ADOP •ESOLUTION 99-18 CONDITIONALLY CONSENTING TO THE TRA FER OF CONT• '•L OF AND CERTAIN OWNERSHIP INTEREST IN A CABLE TELEVISION FRA • ISE TO •MCAST CORPORATION AND ITS WHOLLY OWNED SUBSIDIARY, COMCAST • B - COMMUNICATIONS, INC. COUNCILMEMBER THOMPSON SECONDED THE MOTIO . THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOV• TO ADO RESOLUTION 99-19 CONDITIONALLY CONSENTING TO THE TRANSF•• OF CONTROL ' AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FR• CHISE TO BRESNAN ECOMMUNICATION COMPANY, LLC. COUNCILMEMBER • RBER SECONDED THE MOT . THE MOTION CARRIED 5-0. 6.5b. Cable TV Govern -nt Access Channel Guidelines COUNCILMEM: R FARBER MOVED TO APPROVE A MISSION STATE T, PURPOSE, OBJECTIVES • ND GUIDELINES FOR ELK RIVER GOVERNMENT ACCESS • :LE TV CHANNEL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTI• CARRIED 5-0. • RESOLUTION 99-17 CITY OF ELK RIVER A RESOLUTION AMENDING THE PARK DEDICATION FEE FOR • RESIDENTIAL, COMMERCIAL,AND INDUSTRIAL DEVELOPMENT WHEREAS, the City Council of the city of Elk River, in Ordinance 87-1, y established that a development fee may be paid for Park Dedication purposes and that this fee shall be set by resolution of the City Council; and WHEREAS, the City Council has received and reviewed a recommendation from the Elk River Park and Recreation Commission that the Park Dedication Fees be increased due to the increased need for recreational opportunities which increased development causes; increasing land values in the City of Elk River; and the increasing costs of providing recreational opportunities in the City of Elk River; and, WHEREAS, the adoption of this resolution adjusts the Park Dedication Fees adopted in Resolution 97-87. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River that the Park Dedication Fees paid to the City in lieu of 10% of the undeveloped land be set at: Ilk *Residential $1,100/lot or dwelling unit plus a $200 trail fee, effective 2/22/99 Commercial $3,000 per acre, effective 2/22/99 Industrial $2,000 per acre, effective 2/22/99 * In the event that a preliminary plat has been approved by the city council on or before February 22, 1999, and the final plat has been submitted within one year from the preliminary plat approval, then the park dedication fee shall be $900 per acre and that no trail fee shall apply. Passed and adopted by the City Council of the City of Elk River this 22nd day of February, 1999. \j_ 6/tv,j I (.,, N_k;,:5, 0,..f , , " Steph'nie A. Klinzing, Mayor ATT ST: i • Sandra Peine, City Clerk \\elkriver\s ys\shrdoc\document\resoluti\parkded.doc Rt N- t, t'ai°v■ Cl CouNLtL- 1 4.2. Consider Final Plat for Lafayette Woods Addition Final Plat, Case No. 99-4 • Steve Wensman stated that the Council continued this plat request to resolve a screening issue between Ridgewood and Lafayette Woods Third Addition. He noted that a meeting with the developer, city staff and representatives of the Ridge wood Homeowners Association resulted in an agreement to a landscape plan which would address the buffering issue. Ron Bastyr,developer of Lafayette Woods,stated that he previously donated 31 acres for park land,which was over and above the park dedication fees that he also agreed to pay. He requested the Council to allow him to pay$650 per acre for park dedication in lieu of the newly adopted park dedication fees. He further requested the Council to consider charging$900 per acre for park dedication for the next phase of the plat in consideration of the 31 acre donation. COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-21, GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS 3RD ADDITION, CASE NO. P 99-4 WITH THE CONDITIONS LISTED IN THE STAFF MEMO PLUS'AN ADDITIONAL STIPULATION THAT $650 PER LOT BE CHARGED FOR PARK DEDICATION (REASON FOR$650 IS THAT THE FINAL PLAT WAS SUBMITTED PRIOR TO THE INCREASE IN PARK DEDICATION FEES). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Dietz suggested that a representative of the Park and Recreation Commission be present to explain the 31 acre donation when the next phase of the plat is proposed. Mayor Klinzing stated that in the future, park land donations should be noted in writing so that the Council is fully informed of ID the situation. • •