PRSR AGENDA MEMO 05-05-1993 ek/ A�
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Ak River FROM: PHIL HALS, STREET/PARK SUPT
DATE: APRIL 29, 1993
SUBJECT: AGENDA MEMO
5 . REVIEW PARK MASTER PLAN
Staff has requested that the Park and Recreation
Commission review the Park Master Plan regarding the
location of neighborhood parks and trails . The Park
Master Plan can be a very useful tool for staff as
developers come forward with concept plans, but it needs
to be consistent with the thoughts of the Park and
Recreation Commission. Please come prepared to discuss
issues of neighborhood parks, including size and
locations, and needs for additional trails .
6-7 . DISCUSSIONS REGARDING MOLDENHAUER AND BARNIER PLATS BY
CHAIR ANDERSON
Chair Anderson would like to review Council action on the
• Moldenhauer plat and the Barnier plat regarding park and
trail issues . Attached for your review is a copy of the
4/19/93 City Council minutes regarding these two issues .
8 . DISCUSSION OF ILLEGAL TREE CUTTING ON HWY 169
RIGHT-OF-WAY BY CHAIR ANDERSON
Chair Anderson would like to appeal to the public for
information about the tree service that cut the tops off
of the Norway pines that are on the Highway 169
right-of-way east of the Big Wheel Rossi auto parts store.
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
City Council Minutes Page 7
April 19, 1993
S10. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
11. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE COST OF REVIEWING
THE PLAT PRIOR TO FINAL PLAT REVIEW.
12. THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF LOT 4,
AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE OF THE 60
FOOT RIGHT-OF-WAY MUST BE SECURED BY TEMPORARY EASEMENTS THAT ARE
AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE VARIANCE ON THE MAXIMUM
LENGTH OF A DEAD END ROAD FOR THE PRELIMINARY PLAT OF HILLTOP WOODS
WITH THE FOLLOWING STIPULATIONS.
1. THE ROAD EASEMENTS FOR FUTURE ROADS SHOWN ON THE PRELIMINARY PLAT
ARE DEDICATED TO THE CITY.
2. A FULL DIAMETER CUL-DE-SAC IS CONSTRUCTED WITH TEMPORARY EASEMENTS
THAT ARE AUTOMATICALLY VACATED WHEN THE STREET IS EXTENDED.
3. THE ROAD IS EXTENDED TO THE NORTH LINE OF LOT 4 IN THE PLAT.
1110 COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.8. Preliminary Plat Review of Mississippi Oaks and Associated Conditional
Use Permit by Iry Moldenhauer/Public Hearing/Case# P-93-05 and CU-93-08
Steve Rohlf stated that Iry Moldenhauer is requesting preliminary plat
approval of Mississippi Oaks which contains 155 single family lots on
62 acres. He stated that the plat is proposed to be accomplished in
five phases with the first phase consisting of 37 lots. Steve Rohlf
reviewed the stipulations recommended by the Planning Commission.
Vice Mayor Dietz opened the public hearing.
Steve Rohlf stated that the Park & Recreation Commission recommended
the a 20' wide trail be dedicated from the south end of the trail in
Heritage Landing to the existing right-of-way of Riverview Drive. He
stated that the Commission also recommended that a two acre park be
dedicated in a location to be determined by the developer and that the
larger northern portion of the land that lies within the floodplain be
dedicated as park if the proposed sedimentation pond is not placed in
that location.
The Council discussed the need for a two acre park versus a one acre
park. It was the consensus that a one acre park would be more
conducive to a neighborhood park than a two or three acre park.
• Gordon Moldenhauer stated that the plat is being taken advantage of
with land dedication. He stated that he did not want to donate land to
the City from the upper portion of his plat, but would consider
City Council Minutes Page 8
April 19, 1993
• donating land from the lower portion of the plat. He suggested that
the City consider taking land in the area of the sedimentation pond for
a park. He indicated that the land would serve as a beautiful park.
Iry Moldenhauer stated that the sedimentation pond could be in the same
area as the park.
Bob Turcotte, 18184 Albany, questioned what the sedimentation pond
would do to his creek. Terry Maurer, City Engineer, stated that the
sedimentation pond would have no effect on his creek, but would help
maintain the integrity of the water flow.
Steve Rohlf indicated that the connection of Riverview Drive with the
existing Riverview Drive in Palmer's Addition raised many comments by
the public at the Planning Commission meeting. He stated that staff is
recommending that Riverview Drive in the plat connect with Riverview
Drive in Palmer's Addition for the following reasons: traffic flow;
maintenance; school buses; emergency vehicles; and precedence for
extension of other temporary dead-ends. Steve Rohlf stated that the
residents of the area are requesting that the road not be extended
because of privacy, safety, and property values.
Mark Lucas, 13346 Riverview Drive, entered into the record a petition
showing opposition to the connection of Riverview Drive as a thru
street. Mr. Lucas stated there is a concern regarding the elimination
• of the cul-de-sac as it has been in its present location for 25 years.
He further stated that there is a steep drop off at the end of
Riverview Drive which would require extensive grading to connect the
road to the Mississippi Oaks plat.
Gordon Moldenhauer indicated that the Council should consider the
height of the cul-de-sac and the number of trees that would have to be
removed to connect Riverview Drive prior to making a decision.
Councilmember Holmgren stated that he is not comfortable with all of
the cul-de-sacs proposed in the plat. He stated that the traffic plan
would be smoother if the cul-de-sacs were eliminated. Gordon
Moldenhauer responded that the cul-de-sacs create more private
neighborhoods and break up the large masses of people.
Al Dahlin, 13340 Riverview Drive, indicated his opposition to the
removal of the cul-de-sac and the extension of Riverview Drive.
Rose Kopitzke, 13335 Riverview Drive, stated her opposition to the
removal of the cul-de-sac and the extension of Riverview Drive.
Rollie Barthel, 13240 Riverview Drive, stated that he likes his privacy
and did not wish to see the cul-de-sac removed. He further stated his
concern about how the elimination of the cul-de-sac would affect the
slopes of the surrounding driveways.
• Tom McNair, 13328 Riverview Drive, stated his opposition to eliminating
the existing cul-de-sac. He stated that the bluff area naturally lends
City Council Minutes Page 9
April 19, 1993
• itself to the cul-de-sac and feels traffic speeds will increase if the
cul-de-sac is eliminated and the road is extended.
Bob Danforth stated that he donated property to the City to create the
cul-de-sac several years ago.
Councilmember Holmgren questioned who would pay to upgrade the
cul-de-sac to City standards. The City Administrator stated that this
would probably be a City responsibility.
There being no further comments, Vice Mayor Dietz closed the public
hearing.
Mary Eberley, Planning Commission Representative, stated that the
Planning Commission recommended approval of the preliminary plat with
several stipulations. She indicated the Planning Commission also
recommended eliminating the cul-de-sac on Riverview Drive.
Iry Moldenhauer questioned who would pay for the extension of Riverview
Drive if the cul-de-sac is eliminated. Terry Maurer stated that this
would be an expense which would be paid by the developer.
Vice Mayor Dietz stated that he wanted to inform the citizens that the
elimination of the cul-de-sac does not relate to sewer and water coming
to that area. He stated that he is in favor of leaving the cul-de-sac
as it is and that the cul-de-sac be upgraded to City standards.
Councilmember Farber stated he would like to see some thought of
reducing the number of cul-de-sacs in the City as they create problems
for the public works department with plowing and also for the school
buses.
Councilmember Holmgren suggested not to hook up Riverview Drive at the
present time due to the fact that the second phase was not going to be
put in and the decision would be left up to a future Council.
COUNCILMEMBER DIETZ MOVED TO APPROVE PHASE I OF THE PRELIMINARY PLAT OF
MISSISSIPPI OAKS OF 155 SINGLE FAMILY LOTS WITH THE FOLLOWING
STIPULATIONS:
1. THAT THERE BE NO CONNECTION OF RIVERVIEW DRIVE TO THE EXISTING
RIVERVIEW DRIVE IN PALMER'S ADDITION.
2. PRELIMINARY PLAT IS VALID FOR ONE YEAR FROM THE DATE OF APPROVAL
UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL.
3. LOT SIZES AND WIDTHS ARE APPROPRIATELY ADJUSTED PRIOR TO SUBMITTAL
OF FINAL PLAT.
4. THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER,
WATER, AND STORM DRAINAGE.
5. A 20' WIDE TRAIL MUST BE DEDICATED FROM THE SOUTH END OF THE TRAIL
IN HERITAGE LANDING TO THE EXISTING RIGHT-OF-WAY OF RIVERVIEW
City Council Minutes Page 10
April 19, 1993
DRIVE AND TO THE DISCONNECTED RIVERVIEW DRIVE IN THE PLAT. FROM
THERE, 70 FEET OF RIGHT-OF-WAY IS REQUIRED TO BRING A TRAIL NORTH
THROUGH THE PLAT TO COUNTY ROAD 30. ALSO, A 20' WIDE TRAIL IS TO
BE DEDICATED FROM RIVERVIEW DRIVE TO THE EAST PLAT LINE. FURTHER,
THAT A 1 ACRE PARK BE DEDICATED IN A LOCATION DETERMINED BY THE
DEVELOPER IN THE PLAT, BUT NOT BY THE SEDIMENTATION POND. LASTLY,
THAT ANY REMAINING PARK DEDICATION WOULD BE IN THE FORM OF CASH.
6. SPECIFIC TREE PROTECTION CONDITIONS ARE PLACED ON FINAL PLAT
APPROVAL OF EACH PHASE.
7. ROAD NAMES ARE CHANGED AS IDENTIFIED IN STAFF'S MEMO TO THE
PLANNING COMMISSION DATED MARCH 18, 1993.
8. LOT LINES ARE ADJUSTED BETWEEN CUL-DE-SACS, IF NECESSARY, TO
PROVIDE FOR LOOPING OF WATER LINES.
9. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT
APPROVAL.
10. THAT THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH;
MPCA; NPDES; DNR; COUNTY ENGINEERING; AND CORPS OF ENGINEER, IF
NECESSARY.
11. THAT 17' OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY
• ALONG COUNTY ROAD 30.
12. PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES
TO THE EXCEPTION SHOWN IN THE NORTHWEST CORNER OF THE PLAT.
13. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
14. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE
IMPROVEMENTS IS PROVIDED TO THE CITY BY THE DEVELOPER PRIOR TO
RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS REQUIRED AT THE TIME
BY CITY POLICY) .
15. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR
FROM THE DATE OF FINAL PLAT APPROVAL.
16. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF
REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW.
17. THAT THIS PLAT IS CONTINGENT UPON A CONDITIONAL USE PERMIT FOR THE
SEDIMENTATION POND.
18. A 40' EASEMENT BE OBTAINED FROM THE END OF THE CUL-DE-SAC IN
MISSISSIPPI OAKS TO ABUT THE WESTERN PROPERTY LINE AND THAT
RIVERVIEW DRIVE BE RENAMED TO CONCORD STREET.
• COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
The Council recessed at 9:35 p.m. and reconvened at 9:48 p.m.
City Council Minutes Page 11
April 19, 1993
Conditional Use Permit for Sedimentation Pond
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO
CREATE A SEDIMENTATION POND TO AID IN WATER PURIFICATION AND STORM
WATER RETENTION WITH THE FOLLOWING STIPULATIONS:
1. THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY, IF REQUIRED
BY THE DNR OR ARMY CORPS OF ENGINEERS.
2. THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF
THE ADJACENT BACKWATER OR APPROPRIATE PERMITS ARE ACQUIRED FROM
THE ARMY CORPS OF ENGINEERS OR DNR.
3. THE SIDE SLOPES OF THE SEDIMENTATION POND MEET CITY STANDARDS FOR
SAFETY REASONS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.9. Petition for Feasibility Study/Mississippi Oaks
Terry Maurer, City Engineer, stated that Iry Moldenhauer has signed a
petition requesting sanitary sewer, water, storm drainage, and street
improvements for the first phase of his proposed Mississippi Oaks
Addition.
• COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-15, A RESOLUTION
DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE MISSISSIPPI OAKS
PHASE I IMPROVEMENT OF 1993 CONTINGENT ON THE DEVELOPER ESCROWING THE
COST OF THE STUDY WITH THE CITY. COUNCILMEMBER SCHEEL SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
6.10. Preliminary Plat/Variance for Meadowvale Heights/Dennis
Backes/Public Hearing/Case# P-03-04
Steve Rohlf stated that Dennis Backes, developer, and Mrs. Virginia
Barnier, property owner, are requesting preliminary plat approval of
Meadowvale Heights which is a 113 single family lot plat. He stated
that the plat will be completed in two phases and that the developer is
requesting approval of phase one. He further stated that the developer
is also requesting a variance on the length of a dead-end road
associated with the plat.
Vice Mayor Dietz opened the public hearing.
Steve Rohlf reviewed the stipulations recommended by the Planning
Commission.
Jeff Shopek, Civil Engineer representing the developer, suggested a
compromise to the City's request for the one and one-half acre
• neighborhood park and the pond area that the City is requesting. He
stated that the one and one-half acre neighborhood park is too large
and suggested a 1.2 acre park in the center of the plat. The Council
discussed this matter and decided that a 1.2 acre park in the center of
City Council Minutes Page 12
April 19, 1993
• the plat would be appropriate as opposed to a one and one-half acre
park to the north end of the plat.
Mary Eberley stated that the Planning Commission recommended approval
of the preliminary plat.
Bill Campbell, 19675 Elk Lake Road, stated his concerns about the
trails proposed in the plat. He indicated that the developer has
proposed to run a trail along his property line.
Councilmember Holmgren stated that this may be unnecessary as there are
already trails on property near the plat located in Woodland Trails
park.
Mr. Nord questioned the need for the trails and also questioned the
need for the park on the northern border of the proposed plat.
Vice Mayor Dietz stated that he feels the neighborhood park should be
some other place other than underneath power lines.
Councilmember Holmgren stated that there are recreational facilities
available across the road and feels the area has enough recreational
opportunities.
Councilmember Scheel suggested eliminating the park and requiring Park
Dedication Fees in lieu of the park.
Mr. Nord indicated his concern regarding traffic and stated he would
like to see County Road 1 signed.
There being no further comments, Vice Mayor Dietz closed the public
hearing.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT OF
MEADOWVALE HEIGHTS WITH THE FOLLOWING STIPULATIONS:
1. FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE DATE OF CITY
COUNCIL PRELIMINARY PLAT APPROVAL, UNLESS AN EXTENSION IS GRANTED
BY THE CITY COUNCIL.
2. IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY MUST A)
DELINEATE THE WETLANDS ACCURATELY; B) PROVIDE JOINT NOTIFICATION
TO THE REQUIRED STATE AGENCIES AND GAIN THEIR APPROVAL; C) GAIN
THE APPROVAL OF THE TECHNICAL EVALUATION PANEL; AND D) MITIGATE
THE FILLED WETLANDS AT A RATIO OF AN ACRE PER ACRE
3. APPROVALS MUST BE RECEIVED FROM THE DEPARTMENT OF HEALTH, MPCA,
NPDES, DNR, AND THE SHERBURNE COUNTY ENGINEERING DEPARTMENT.
4. THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE DITCH WITHIN
• THE PLAT AND THE DRAINAGE PLAN FOR THE PLAT INCORPORATES COUNTY
COMMENTS REGARDING THE AFFECTS OF PLAT DRAINAGE ON THE COUNTY
DITCH SYSTEM.
City Council Minutes Page 13
April 19, 1993
411 5. THE DEVELOPER PROVIDES THE DRAINAGE CALCULATIONS.
6. THE CITY ENGINEER MUST REVIEW THE DRAINAGE CALCULATIONS TO
DETERMINE THE DOWNSTREAM IMPACTS.
7. THE COUNTY, WITH THE BENEFIT OF THE CITY ENGINEER'S REVIEW,
APPROVES THE DRAINAGE PLAN PRIOR TO FINAL PLAT APPROVAL.
8. THE DEVELOPER WORKS WITH THE COUNTY REGARDING A REDISTRIBUTION OF
FUTURE DITCH ASSESSMENTS ONTO THE INDIVIDUAL LOTS IN THE PLAT
PRIOR TO RECORDING IT.
9. THE DEVELOPER IS RESPONSIBLE FOR WHATEVER IMPROVEMENTS ARE NEEDED
FOR THE DITCH SYSTEM TO HANDLE THE DRAINAGE FROM THE PLAT.
10. THE DEVELOPER GRANTS THE COUNTY RIGHTS (IN A FORM DETERMINED BY
THE COUNTY) TO THE DITCH IN THE SOUTHEAST CORNER OF THE PLAT
(DITCH 31) PRIOR TO RECORDING.
11. THE ISSUE OF OWNERSHIP OF WETLANDS WITHIN THE PLAT RESOLVED
ACCORDING TO ESTABLISHED CITY POLICIES PRIOR TO ACTING ON FINAL
PLAT.
12. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT.
• 13. THE SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE AT THE SAME
TIME AS THE ROAD GRADING, BY THE DEVELOPER, AND NOT LEFT TO FUTURE
HOME BUILDERS TO ACCOMPLISH.
14. LOTS ABUTTING MEADOWVALE ROAD BE INCREASED TO 135 FEET IN WIDTH.
15. THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY IS LABELED AN
OUTLOT.
16. THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER THE MARCH 19,
1993, PLANNING COMMISSION MEMO.
17. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION FOR THE
CONSTRUCTION OF A ROAD WITHIN THEIR EASEMENT PRIOR TO FINAL PLAT
APPROVAL.
18. A TRAIL SYSTEM SHOULD RUN FROM THE SOUTHWEST CORNER OF THE PLAT TO
THE INTERSECTION OF MEADOWVALE ROAD AND 193RD AVENUE.
19. ANY REMAINING PARK DEDICATION WOULD BE IN THE FORM OF CASH.
20. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES INTERNAL TO
THE PLAT. FURTHER, THAT THE CITY ENGINEER REVIEWS AND APPROVES
ALL OTHER PLANS ASSOCIATED WITH THIS PLAT, WHICH INCLUDE GRADING,
DRAINAGE, AND STREETS.
• 21. ELGIN STREET ON THE NORTH END OF THE PLAT IS PROVIDED WITH A FULL
SIZE CUL-DE-SAC (WITH TEMPORARY EASEMENTS OUTSIDE OF THE 60 FOOT
City Council Minutes Page 14
April 19, 1993
• RIGHT-OF-WAY, THAT WILL AUTOMATICALLY BE VACATED WHEN THE ROAD IS
EXTENDED) .
22. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING APPROVED FOR THE
MAXIMUM LENGTH OF A DEAD-END ROAD.
23. IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN 1 YEAR
FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
24. PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE CITY WITH A LETTER
OF CREDIT FOR 100% OF ESTIMATED COSTS OF THE IMPROVEMENTS WITHIN
THE PLAT, INCLUDING THE COST OF WETLAND MITIGATION (OR WHATEVER
PERCENTAGE IS CITY POLICY AT THE TIME OF RECORDING) . IN ADDITION,
A 25% WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR PERIOD FOLLOWING
CITY ACCEPTANCE OF IMPROVEMENTS IN THE PLAT.
25. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE AGREED TO
THROUGH A DEVELOPERS AGREEMENT PRIOR TO RECORDING THE PLAT.
26. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS
PLAT PRIOR TO FINAL PLAT REVIEW.
27. THE SIDE SETBACK IS 10 FEET.
28. LOT 28, BLOCK 4A, LOT 6, BLOCK 2A, AND LOT 23, BLOCK 1B, ARE
• QUESTIONABLE FOR PLACING A HOUSE ON THEM WITH THE REVISED LAYOUT
OF THE LOTS.
29. AN ARMY CORPS OF ENGINEERS PERMIT IS NECESSARY FOR CROSSING THE
DITCH.
COUNCILMEMBER FARBER SECONDED THE MOTION.
Councilmember Holmgren stated that the Council decision to eliminate
the recommended neighborhood park was based on the Master Park Plan not
recognizing the high priority of neighborhoods parks and because of the
close proximity of neighborhood schools which provide recreational
opportunities.
THE MOTION CARRIED 4-0.
VICE MAYOR DIETZ MOVED TO APPROVE THE VARIANCE TO THE LENGTH OF A
DEAD-END ROAD FOR ELGIN COURT AND ELGIN DRIVE. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.11. Accept Feasibility Study and Authorize Plans and Specs for
County Road 1 Trunk Extension
Terry Maurer stated that the feasibility study was initiated by a
petition from Mrs. Virginia Barnier, owner and developer of Meadowvale
• Heights. The area proposed for development is located west of
Meadowvale Road and the feasibility study was conducted to determine
the feasibility of extending City sanitary sewer and water main to
serve the Meadowvale Heights development and the Nord property
City Council Minutes Page 15
April 19, 1993
• immediately to the north. Terry Maurer stated that in order to
eliminate the public hearing requirement, the Nords would have to waive
their rights to a public hearing. He indicated that the Nords have
indicated that they would waive their rights to the public hearing. He
further stated that the project requires acquisition of a utility
easement from the Nords and recommended negotiating a deferral of the
Nord lateral assessment in exchange for the necessary easements.
COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY ENGINEER TO NEGOTIATE
WITH THE NORDS FOR THE EASEMENT AND TO ADOPT RESOLUTION 93-16, A
RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE
MATTER OF THE TRUNK SANITARY SEWER AND WATER IMPROVEMENT FOR THE AREA
WEST OF COUNTY ROAD 1. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
6.12. Preliminary Plat/Variance for Richard Foster Cherryhill Bluffs
2nd Addition
Steve Rohlf stated that Richard Foster is requesting preliminary plat
approval for the plat of Cherryhill Bluffs 2nd Addition which consists
of 52 single family lots proposed with City sewer and water on
approximately 26 acres. Mr. Foster is also requesting variances on the
maximum length of dead-end roads for both roads associated with the
plat. Steve Rohlf indicated that the Planning Commission reviewed the
plat and recommended denial based on ownership of property and lack of
• water capacity to serve the plat. He stated that MnDOT owns a 65 foot
wide strip of right-of-way which affects Lots 1 through 5 of Block 4 of
the proposed plat.
COUNCILMEMBER SCHEEL MOVED TO DIRECT THE CITY ENGINEER TO APPROACH
MNDOT TO DISCUSS THE PURCHASE OF THE 65 FOOT WIDE STRIP OF RIGHT-OF-WAY
WHICH AFFECTS LOTS 1 THROUGH 5 OF BLOCK 4 OF THE PROPOSED PLAT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Councilmember Holmgren indicated his concern regarding the price of the
property. He stated that if MnDOT asks more than $1,000 for the
property, the issue should be brought back to the City Council.
Steve Rohlf stated that the City lacks the water capacity through the
booster pump located in Deerfield 3rd to serve the plat. He indicated
that Mr. Foster is proposing that he be allowed a total of 50 building
permits between Hillside Estates and Cherryhill Bluffs 1st and 2nd
Additions once the water tower has been ordered. Peter Beck, City
Attorney, discussed the potential problems that could be created by
trying to limit house starts to 50 prior to the construction of the
water tower. He stated it may be a problem to enforce the number of
building permits against the third party or subsequent purchaser.
Councilmember Scheel voiced her concern regarding the fact that
development is at a stand still until the water tower is ordered.
• The Council discussed the variance request to the length of the
dead-end road. Steve Rohlf stated that the Planning Commission
recommended approval of the variance for Evans Avenue, but recommended
denial for the variance for Freeport. He indicated that a revised plat