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6.3. & 6.4. SR 12-17-2001Rdver 13065 Orono Parkway Elk River, MN 55330 TO: FROM: DATE: SUBJECT: Item # 6 '~ ~; 6.4. MEMORANDUM Mayor and City Council Scott Harlicker, Senior Planner December 17, 2001 I. Case No. LU01-10 Request by Dynamic's Design and Land Company to Add Land to the Urban Service District prior to 2007 2. Case No. P 01-13 Request by Dynamic's Design and Land Company for Preliminary Plat Approval - Park Pointe Request The applicant, Dynamic's Design and Land Company, requests that the City Council consider their requests for the following: 1. A land use amendment to bring a 79 acre parcel into the Urban Service District prior to 2007 and, 2. A preliminary plat of Park Pointe Attachments · Location map · Preliminary plat · Preliminary grading plan · Preliminary landscape plan · City Ordinance regarding park dedication requirements · Memo from the City Attorney · Petition for improvements Location NW corner of 175th Ave & Filmore Street Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us Memo to Mayor and City Council/P01-13 December 17, 2001 Page 2 Zoning/Land Use Rle (Single Family Residential) / MR (Medium Density Residential) Overview Existing Conditions The subject property is 79 acres and has rolling wooded topography covering most of the site with the exception of the southeast corner. The entire western edge includes a portion of Kliever's Marsh and a 50-foot wide utility easement traverses the property from east to west along the north property line. The property includes 2,620 feet of frontage on 175th avenue and 1,312 feet on frontage on Filmore Street. The 40 acre parcel to the north recently received preliminary plat approval to be platted as Eagles Marsh, a 39 lot single family development serviced by municipal sewer and water. There are also two 20 acre parcels north of the project. One is undeveloped and the other is a single family residence. The single family residences on the east side of Filmore Street are zoned Rla (Single Family Residential 2 ¼ minimum lot size) and are not within the Urban Service District. The property on the south side of 175th Avenue is owned by Cargill, zoned AR (Agricultural Research) and is also not within the Urban Service District. Kliever's Marsh is considered a Natural Environment Lake by the Department of Natural Resources; therefore, the Shoreland Ordinance will provide additional lot restrictions above those required by the underlying zoning of Rle (Single Family Residential 12,000 square foot minimum lot size). Analysis Land Use Amendment The property is currently in the Urban Service District but is not scheduled to receive municipal sewer and water until 2007, unless requested by the property owner. The applicant is requesting that this parcel receive urban services prior to the 2007 date indicated on the utility plan in the City's Comprehensive Plan. The developer is proposing to extend sewer and water east along 175~h Avenue from Twin Lakes Road to the proposed plat. During its decision-making process for establishing the 2007 date, it was the Council's intent that utilities and assessments would not be forced into the eastern area, but that a property owner wishing to request services could petition the City for such services. Staff has no objection to extending services to this area prior to the 2007 date. The applicant has also submitted a Petition for Improvements to extend municipal sewer and water to the plat. S :\PLANNING\SCOTT/P01-13 CC .DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 3 Preliminary Plat Overview The preliminary plat is comprised of 97 lots, an exception and 8 outlots on 64.13 developable acres. The outlots include cul de sac islands and median islands at the entrances to the plat and shoreline along Kliever's Marsh. There is also a 5.6 acre parcel (Outlot E) that will likely be replatted in the future as a residential lot. The plat is comprised of 4 cul-de- sac streets and 3 through streets. There is an existing single family residence on the property that will remain on one of the newly platted lots. Analysis Lots As stated earlier, Kliever's Marsh is classified as a Natural Environment Lake. Therefore, the Department of Natural Resources and the City of Elk River's Shoreland Ordinance provides additional restrictions for plats adjacent to shoreland areas. The underlying zoning district of Rle, Single Family, allows a minimum lot area of 12,000 square feet, with a minimum lot width of 80 feet. The Shoreland Ordinance requires lots adjacent to Natural Environment Lakes to be 40,000 square feet in area if they are riparian lots (lots adjacent to the water), or 20,000 square feet in area for non-riparian lots (lots not directly adjacent to the water). The minimum lot width for these lots must be 125 feet at the front setback. These standards apply to all lots within 1,000 feet of a Natural Environment Lake's ordinary high water level. The lots in the plat range in size from 12,025 square feet to 138,952 square feet. Access As described earlier, the preliminary plat will include 3 through streets. Ivanhoe Street, the only access to and from 175th Ave on the south side of the property and 176th Lane, which runs parallel to the north edge of the property, connects with Filmore Street to the east. 175th Lane and Grant Street are internal streets that connect Ivanhoe Street with 176~h Lane. 176th Court will connect to the Eagles Marsh development located north of the property. Grading, Drainage and Utilities The City Engineer will address grading, drainage and utilities in his memo. He will brinf copies of his memo to Monday's meeting. Landscaping The developer has submitted a landscape plan, .which complies with the ordinance requirement for one street tree and one yard tree per lot with two of each on corner lots. Park Dedication S:\PLANNING\SCOTT~P01-13CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 4 The Park and Recreation Commission recommended that 10% of the gross area (including Kliever's Marsh) or approximately 7.4 acres of land be dedicated to meet the park dedication requirements. The City Attorney has indicated that the area of Kliever's Marsh can not be included when calculating the requirements for park dedication. The plat shows approximately 5.51 acres of land along the east shore of Kliever's Marsh dedicated as park. The total area of the plat, excluding Kliever's Marsh and Outlot E, is 63.73 acres. In order to meet the 10% of the gross area (excluding Kliever's Marsh and Outlot E) an additional .863 acres 07,592 square feet) is needed. The Park and Recreation Commission preferred that the additional land abut the proposed 5.51 acres in order to provide area for a neighborhood park. For instance, Lot 5, Block 3 could be eliminated and incorporated into Outlot A as parkland. A trail connection should also be provided between 176 TM Ct. and Outlot A. If the Council feels that the park as proposed is adequate, the additional .863 acres will be provided for in a cash dedication. The area shown as Outlot E has been excluded from the park dedication calculations. Park dedication for Outlot E will be obtained when this outlot is platted as a lot. Planning Commission Meetin~ At the Planning Commission meeting held on December 4th two residents spoke at the public hearing. Gordon Miers, property owner on the east side of Filmore Street, asked if this development would affect his conditional use permit to park a semi tracker and trailer on his property. It was explained that this project would not affect his conditional use permit. Bruce Goetz, resident on one of the 20 acre parcels directly north of this project, asked if he would be forced to connect to sewer and water and if a street would be built through his property. He was told that he would not have to hook up to sewer and water or be assessed for it prior to 2007 and that no street would be constructed through his property. The street will be built to his property line and he would be able to connect to it if he decides to develop his property. The Commission had a lengthy discussion regarding the proposed amendment to the land use plan. They discussed the timing of extending sewer and water and the rate of growth in the area. The Commission recommended approval of the land use plan amendment and the preliminary plat with a 3:2 vote. The two Commissioners voting to deny the requests felt that extending utilities to this area prior to 2007 would promote growth and there were enough platted residential lots for the next several years. Recommendation The Planning Commission and staff recommend that the City Council approve Resolution No. -01 amending the Land Use Plan to provide sewer and water to this property prior to 2007 with the following findings: THE PARCEL IS CURRENTLY IDENTIFIED IN THE COMPREHENSIVE PLAN AS MEDIUM DENSITY RESIDENTIAL AND WITHIN THE URBAN SERVICE DISTRICT; S:\PLANNING\SCOTTkP01-13 CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 5 2. THE DEVELOPER WILL BE ABLE TO FROM TWIN LAKES ROAD ALONG PROPERTY; EXTEND UTILITIES EAST 175TM AVENEUE TO THE 3. THERE IS NO FINANCIAL IMPACT TO THE CITY OF ELK RIVER FOR THE EXTENSION OF URBAN SERVICES TO THIS PARCEL; 4. THE PARCEL CAN BE SERVICED WITHOUT IMPACT TO OTHER PARCELS WITHIN THIS AREA OF THE URBAN SERVICE DISTRICT. The Planning Commission and staff recommend that the City Council approve the preliminary plat of Park Pointe with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE STREETS. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. 8. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE S:\PLANNING\SCOTT~P01-13CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 6 AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 18. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT A. S:\PLANNING\SCOTTNP01-13CC.DOC Case Number: Location Map P01-13 N PARK POINTE ELK RIVER, MINNESOTA ~ DYNAMIC'S DESIGN & LAND DEVELOPMENT CO. PRELIMINARY PLAT PACKAG Civil Engineering Land Surveying Land Planning John Ofiver & Associates, Inc. 580 Dodge Avenz~e, Elk t~iver, Minnesota 55330 (763) 441-2072, Fax (763) 441-5665 201 W. Travelers Trail, Suite 200, Btzrnsville, Minnesota 55337 (952) 894-3045 Fax (952)894-3049 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Profess[one[ Engineer under State of Mn. Statutes 526.02--.326.16 Dote 9/24/01 Mn. Reg. No. 20583 REVDATE REVISIONS SHEETS NO. REVISED I IO/ll/OICITY COMMFNTS Al I 2 10729/01! CITY COMMENTS ALL 5 H/21/01 RJ~VISED LAYOUT ALL w ~/4 COt~NER 0 0 474.44 KLIEVER'S MARSH I, Twp. 32, of the N I/2, Sec. I, Twp. 32, '"' (") C) 0 w / i ,o,o ~rOO SCALE IN FEET W ~/¢ CORNER © KL/EVER'S }JARSH OUTLOT A / I GROSS AREA 70.g3 ACRES R.O.W. 175TH AVE & Filmore St. 4.28 ACRES OPEN S,°ACE (OuUots A & B) 14.H ACRES MiN. WIDTH ~0' (100' Co~nefs) MIN, LOT S~ZE 12,000 SF (BO'xl30') 20,O00 ~ within DO0' of Natural Env. Lake NUMBER OF LOTS 97 0 Denotes I/2 Inch x 14 Inch Iro~ Pipe Set With A Plostk: Cop Marked R.L.S. 21729 · Denotes Iron Pipe Found ~('~ Denotes Sherburne County M~ument SECTION I, TOWNSHIP 52, RANGE 26 of the N t Twp. 32, Rng Drolnoge and Utility Easements shall be shown thus: III _,_oL__ ~ I Being 10 feet in width and adjoining right--of--way lines, unless otherwise indicated, also being 5 feet in width and od oining lot lines, unless other- wise indicated, os shown on the pla. OWNER & DEVELOPER: D~amics Design & Land Company 544 - 5~-d Street NW Building Setbacks: 30' Front Yard lO' Side Yard, 5' Garage Side 30' Rear Yard I SUBJECT PROPERTY: '" C.) l I .7.7 / i ,o,0 ,io SCALE IN FEET For [he purposes of this plot the Scuth line of the N I/2 of the SW I/4 of Section t Township 32, Range 25 is assumed to have o bearing of sBg'44'58'E. Total Gross Buildoble Land (not in Kliever's Marsh) is 64.15 acres Total oreo to be p~otted (not the exceptions 917 acres) is 54.96 acres. I0~ ot the land dedlcolcd equals 549 acres. Total oreo shown for pork is 5 51 acres SHEET NO. ~' KLIEVER'S MARSH OUTLOT A LEGEND [xistin(] Contcurs Proposed contours Silt Fence/Gtodibg Limits to be Distinguished on Finol Plona Possible House Pod Locution W/ Possible Exterior Ground £1evotions Front & Reo~' Denotes Custccn Groded House Pods P¢oposed Storm Sewer Direction of Dfoinoge Arrows Proposed Spot Elevo[ions 175TH ALONG I. INSTALL EROSION CONTROL MEASURES PRIOR TO GRAOING CO~ISTRUCTION. 2. MAYdMU~ SLOPES SHALL NOT EXCEED 4: t EMERGENCY AT 897.0, LOWER TRAIL TO ALLOW FOR OVERFLOW INTO DITCH. EMERGENCY OVERFLOW AT gOLO o Ioo SCALE 2?o 300 FEET KLIESrER'S t,{ARSH S89°39'27"E .L. \4 2625.27 Z3 19 ? 8 OUTLOT A / / OUTLOT E / / / S89 °44~-58 "E I?5TH 8 AVENU~ I --- 44 44 . 2620.1~ NOTES: I. ALL SANITARY SEWER SHALL BE 8" PVC UNLESS OTHERWISE NOTED. 2.ALL WATERMAIN SHALL BE 6" DIP UNLESS OTHERWISE NOTED. LEGEND Denotes Wotermain Denotes Existing Sonitary Sewer Denotes Sanitory Sewer Denotes Existing Storm Sewer Denotes Storm Sewer o L L SCAL£ 2 § / / / / Ioo I L'u -~J k. L'J :C '~ CO C.) k3 (.3 200 300 FEET 0 -- Z _J .--I 7 \4 2625.27 OUTLOT A ~ l~ J OUTLOT E 5 / / / / I 8 \\ 11 / TREE PLANTING DETAIL GENERAL NOTES MATERIALS I. All overstory trees shall have a minimum caliper of 2.5 Inches, Bo,ed & Burlap 2. All ornamental or understory trees shaft have o minimum caliper of 1.5 Inches, Boiled & Burlap. 3. All coniferous trees shall have o minimum planting height of 5 feet, Balled & BuHop. 4. Coniferous shrubbery shall be the following minimum sizes: o. Spreading - I go,on, potted b. Medium - 5 gallon, potted c. Upright - 5.5 to 4 feet, Bailed & Budap 5. Deciduous shrubbery shall be the following minimum sizes: a. Dwarf - I gallon, potted b. Medium -- 5 gallon, potted c. Tall - 24 to 50 inches, potted 6. All mulch used around planting beds should be rock unless shrubs being used In the bed produce new plants through the roots. Flower beds ore not required to hove rock mulch. Professional HDPE edging shall be used around all planting beds and shrub plantings. 7. All open areas of site not occupied by building, parking, walkways, or storage areas shall be sodded or seeded by others. 8. All landscape material shall be guaranteed for a period of one year. This guarantee is to insure for proper Installation and sub- sequent vfgorous growth of the landscape element. g. All landscape material shall be Installed and maintained os per Minnesota Nurseryman Association Standards, latest edition. The landscape material shall be nursery quality stock. I0. Backfill for plant material shall consist of topsoil (free of lumps, twigs and rocks), peat moss and fertilizer applicable to species. Il. Plant material shall be planted as per the planing details. 12. If any plant species is unavailable or in the opinion of the nursery- man o substitution would be more applicable (due to soil t.~pe or location), the engineer and owner shall be contacted prior to acceptance of the substitution. 15. Spacing between plant materl~l shall be industry standard. Plante ore shown at opproxlrnote full growth diameter. 14. Tree wrap - All "Thin Skinned' and omomentol trees shall be wrapped in accordance with MNLA Standards. KEY L ......... ~_J NOTE~L LANDSCAPE LEGEND QUANTITY' COMMON/BOTANICAL III RED MAPLE/ ACER RUBRUM - NORTHWOOD 109 WHITE ASH/ FRAXINUS AMERICANA TREE PRESERVATION LINE (ALSO SILT FENCE & GRADING LIMITS) DENOTES AREA OF TREES TO REMAIN I. REMAINDER OF TREES NOT SHOWN TO BE PLACED AT OWNERS DISCRETION. 2. SILT FENCE AND GRADING LIMITS TO BE DISTINGUISHED ON RNAL PLANS. L, LOT f9 SHEET NO. .~ e/c ~_ ~/c CL~r~B & CUT~ ~ ~ /// / , / SILT FENCE F ORDINANCE oo - 07 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER A1VIEN'DING SECTION 1008.18 OF THE CITY CODE OF ORDINANCES CASE NO. OA 00-1 The City Council of the City of Elk River dOes hereby ordain as follows: Section 1. Section 1008.18 of the City of Elk River Code of Ordinances shall be amended to read as follows: In every plat, replat or subdivision of land to be developed for residential, commercial, or industrial uses, or as a planned unit development which includes such uses or any combination thereof, i,_t is reasonable ~o recruire that an amount of land equal in value to ten percent. I10%) of the undeveloped land proposed to be ~u~l~i~ed shall be set aside and dedicated-by the tra~t- owner or owners to the City for parks, playgrounds, trails, or public open space. If the City Council, in its sole discretion, determines that the land proposed to be dedicated is unsuitable for parks, then the tract owner or owners shall contribute to the City, in lieu of park land dedication, an amount of cash not to exceed the fair market value of the undeveloped land required to be dedicated, as the City Council shall determine by resolution from time to time. Previously platted Residential Property on which park dedication has not been received by the City, being replatted with the same number of lots and the same number of dwelling unitS, shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, then park dedication shall be made based on the number of additional lots or the number of additional dwelling units. Prior platted Commercial and Industrial land on which park dedication has not been received by the City, being replatted with the same land area, shall be exempt from all park dedication requirements. If land area is being added to a previously recorded plat, then additional park dedication requirements shall be based on the additional land being added. Any monies paid to the .City in lieu of park dedication shall be placed in a special fund and used only for the acquisition cf land for parks, plavgrounds, trails, public open space; for the development of such areas and sites; and for debt retirement in connection with land previously acquired or developed for such public purposes. Any monies specifically paid to the City for trails shall be used only for the acquisition of land for trails and for the development of such land. For purposes of this Ordinance, "fair market value of the undeveloped land" is defined as the fair market value of the land within such plat, replat, or subdivision as of the date the plat, replat, or subdivision is presented to the City Council for approval of the final plat, as determined by the City Assessor in the same manner as he determines the fair market value of land for tax purposes. In addition, in every plat, replat, or subdivision of land, the land required for public streets, regional stoz-m water holding ponds and wetlands shall be set aside and dedicated on the plat by the owners to the City for these purposes. These areas will not be credited towards park dedication requirements. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined by reference to the fo!lowinq criteria: a) reasonably located and suited for its intended use. b) shall have frontage on public or private roads as determined by the City. c) size, shape, topography, Geoloqy, hydrology, tree cover, access, location. d) consistency with the goals and objectives of the Master Park and Recreation Plan. As part of the subdivision or plat approval, the tract owner or owners shall be responsible for making certain improvements to land dedicated for park, trail and public open space purposes including, but not limited to, finish Grading, Ground cover, construction of trails and clearly identifying park and trail boundaries with City approved markers. !0. Park dedication credit shall not be Granted for the construCtion of recreational facilities unless specifically approved by the City COuncil. The submission for review by staff and the Park and Recreation Commission shall include an estimate of installation costs, equipment specifications and a site plan. The Park and Recreation Commission shall review such improvements for appropriateness with the Park and Trail Master Plan. 1!. As part of the application 'procedure at the time of preliminary plat, the tract owner or owners are encouraged to confer with City staff and the Park and Recreation Commission to secure a recommendation as to the location of any property that should be dedicated to the public for park and recreation purposes. 12. As part of any park dedication of land, a sur~ey at a scale of 1 inch = 50 feet shall be provided with topographic data, based on City datum, including contours at vertical intervals of at least (2) feet, water courses, wetland, marshes, rock outcrops, easements, utilities and vegetative 3400 CITY CENTER 33 SOUTH SIXTH STREET MINNEAPOLIS, MN 55402-3796 612 343-2800 FAX: 612 333-0066 WEB SITE: www.gpmlaw.com CONSULTING OFFICE, BEIJING CHINA TO: FROM: RE: DATE: MEMORANDUM Michele McPherson Peter K. Beck, Charles D. Wilson Park Dedication Requirements for the Park Point Subdivision December 13,2001 This memorandum is in response to your request for our opinion regarding the appropriateness of including the lake surface area when calculating the total area of the Park Point Subdivision for park dedication purposes. The reasonableness of a municipal requirement for the dedication of land is analyzed in light of the need created for the land required to be dedicated. The city must show a relationship between the development and the city's need for land dedication. To meet this burden the city must show an essential nexus between a legitimate state interest and the condition exacted. (see Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995; citing Dolan v. City of Tigard, 512 U.S. 374, (1994)) Once the city has demonstrated that a nexus exists, the city must then demonstrate a rough proportionality between the development and the dedication requirement. Kottschade at 308. It is clear that there is an essential nexus between residential development and the need for park land, so park dedication requirements are lawTul. The Minnesota Supreme Court has found that a 10% park dedication requirement is reasonable (see Collis V. City of Bloomington, 246 N.W.2d 19 (Minn. 1976), and this is the standard which Elk river has adopted. This standard is based on the finding that a certain amount of development will cause a corresponding need for park resources, as a percentage of the land developed. Including the publicly owned lake surface within the "undeveloped land to be subdivided" for the purposes of calculating the park dedication requirement raises a number of concerns. First, we are not sure it is consistent with the subdivision ordinance, which speaks of the "undeveloped land". More importantly, we are not sure that including the lake surface in this calculation, while excluding it when calculating density, is consistent with the constitutional "rough proportionality" test. If the presence of the lake within the subdivision diminishes the number of units allowed in the subdivision, it would, presumably, also diminish the need for park resources created by the subdivision. It could also be seen as imposing a double burden on the subdivider. For these reasons, we would recommend against including the lake surface. If you have any questions regarding this analysis, please do not hesitate to contact either of US. GP:850441 v2 EC--I~--Olo 05 :S2 PM DYNAMICS DESIGN ~nd LAND 6124418684 P.O1 DATE: TO: December 3, 2001 Honorable Mayor Klinzing Elk River City Council FROM: Jim Brown, Dynamics Design & Land Company E: "Petition for Services for the Proposed Plat "Parle Points' CC: Michelle McPhcrson, Director of Planning Terry Mauer, Engineer On behalf of Cascade I Lend Company~ this petition is to request that the extension of sewer and water services be included in the City of Elk River's construction specifications for the street improvements planned for 175~ Avenue, Cascade I Land Company is also petitioning that the extension of these same services into the proposed plat "Park Points" be included as part of the 429 Bond Process. Cascade I Land Company will agree to pay for the extension of these services as part of a Developer's Agreement for the plat. Thank you for consideration of this request. DEC--I~--81 05 :~ PM DYNAMICS DESIGN ~nd LAND 6124418694 P. 82 PETITION FOE LOCAL IMPROVEMENT City of Elk River State of Minnesota , 19 TO the Clty Council of Elk River, Minnesota: WE, THE UNDERSIGNED OWNERS of (all) (not less than 35 percent in frontage) of the real property described as: hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the lowing public improvements: EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be ~e~ermined by the City ~o be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date i. 3. 4. 5. 5. 8. 9. Signature Print Name //~(~of Owner of Owner Description of Property Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property affected by the making of the improvement petitionea for. City Clerk A-5 ~--1~--01 05:--~ PM DYNAMICS DESIGN end LAND 6124418604 P.O~ Cascade I is the contract purchaser of/he Mitchell property and is applying for approval to extend arban services to thc properly prior to 2007 and also for subdivision approval o[' Pm'k Poinle, Cascade I Marion Glines, Chief Manager Scott & Annette Mitchell OwTler Date / ~.- //'0 I ............... Date / ~/>a..';., / OWTICr