6.5. SR 02-22-2000~ity of
MEMORANDUM
Item # 6.5.
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Planne
DATE:
February 22, 2000
SUBJECT: Hillside Estates 9th Addition Final Plat
Request
Phoenix Enterprises is requesting final plat approval for Hillside Estates 9th
Addition.
Location
The property is located at the intersection of Auburn Street and 194th Avenue
(east side)
Zoning~land Use
PUD (Planned Unit Development) / MR (Medium Density Residential)
Attachments
Location map
· Final plat
· Memo from City Engineer
· Resolution No. 00-__
Overview
Phoenix Enterprises is requesting final plat approval of Hillside Estates 9th
Addition. The preliminary plat for Hillside Estates 9th Addition, approved on
April 19, 1999, consisted of 61 single family lots on 43 acres. The final plat for
Hillside Estates 9th Addition includes 15 single family lots. The remainder of
the preliminary plat will be final platted with future additions. There are 2
outlots included as part of this final plat. These outlots encompass part of the
NSP power line easement that forms the northern boundary of the plat.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/P 98-5
February 22, 2000
Page 2
Lots
Fifteen lots will be platted as part of Hillside Estates 9th. The layout of the
lots is consistent with what was approved on the preliminary plat with the
exception of one lot. Lot 5, Block 3, Hillside Estates 4th Addition, which is
vacant and located at the northeast corner of the intersection of Auburn St.
and the proposed street, will be replatted as Lot 1, Block 1 Hillside Estates
9th Add.
There are two outlots proposed as part of this final plat. Outlot A will be
given to the City to be added to the park in Hillside Estates 5tn Addition.
Outlot B, which contains a drainage pond, will be incorporated into future
adjacent residential lots in future additions.
Streets
As part of this final plat, a street will be constructed east of Auburn Street
and will terminate in a cul de sac. In a future addition, a street will be
constructed south from 195t~; it will intersect 195tn between Lot 14, Block 1
and Lot 1, Block 2. The proposed street is consistent with what was approved
on the preliminary plat.
Grading, Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's
memo.
Park and Recreation
The Park and Recreation Commission recommended the City take Outlot A
and combine it as part of Hillside Estates 5th Addition park. The developer
will construct a trail within the outlot. The exact location of the trail will
depend on topography. The developer will also be required to pay park
dedication fees for the fifteen lots.
Recommendation
It is recommended the City Council approve Resolution No.00-__ granting
final plat approval for Hillside Estates 9th Addition with the following
conditions:
A developers agreement outlining the terms and conditions of the plat
approval and installation of improvements be prepared and executed
prior to releasing the plat for recording.
S:\PLANNING\SCOTT\HE9FIN.DOC
Memo to Mayor and City CounciYP 98-5
February 22, 2000
Page 3
2. A planned unit development agreement be prepared and executed
prior to releasing the plat for recording.
3. A letter of credit be provided to the city in the amount of 100% of the
costs of the public improvements.
Upon completing all of the improvements and having them accepted by
the city, a warranty bond in the amount of 25% of the improvement
costs shall be submitted to the city for the period of one year.
5. 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.
6. A sealcoat fee in the amount to be determined by the City Engineer be
paid to the city prior to releasing the plat for recording.
7. A grading and erosion control plan and development plan be approved
by the City Engineer prior to the issuance of building permits.
8. All grading be certified prior to the issuance of building permits.
9. Street lights be installed as recommended by Elk River Municipal
Utilities.
10.A landscape plan and clearing and tree protection plan shall be
approved prior to releasing the plat for recording.
11.All comments of the city Engineer shall be addressed.
12.Minimum setbacks shall be:
Front yard 30 feet
Side yard 10 feet
Rear yard 30 feet
Garage side 5 feet
13.Accessory structure setbacks shall be:
Front yard 30 feet
Side yard 5 feet
Rear yard 5 feet
14. All mailboxes shall be clustered.
S:\PLANNING\SCOTT\HE9FIN.DOC
Memo to Mayor and City Council/P 98-5
February 22, 2000
Page 4
15. Water availability charges to be paid to Elk River Utilities prior to
releasing the plat for recording.
16. The trail proposed within the NSP easement be installed by the
developer as part of this plat. The developer shall work with city staff
as to the exact location of the trail.
17. The applicant pay park dedication fees consistent with the ordinance
prior to releasing the plat for recording.
18. Outlot B shall be replatted as part of a future addition and shall be
made part of future residential lots.
S:kPLANNING\SCOTT\HE9FIN.DOC
LOCATION
Ciw of. i '
Elt4"~ '~'iver
Orono Pxk',vav · P.O. Sox -'90
Elk River..MN -%%"50
LOCATION
MAP
CASE'
P 98-5
15
<[
': .... · ~' '; '.' ~i¥c~' ' ' . ~k ...... t Ho F oF the North~,est___+~.$ter v ar~ ~ou~cher~Y 'o¢ the
' ' ' ~' ~h~t port o~ sn~ ~--ter~v ~ou~heo$~er~Y, r,~
R~e 26, lying ~ou~r,~
pl~ oF HILLSIDE ESTATES FOURTH ADDIT~ON and HILLSIDE ESTATES FIFTH
ADDITION ~lt In Sherburne County,
SeCtiOn 27, Township 33, R~nge 26 lying
That part oF the Northeast Oucpter oF ~esterlY and northerly oF the pi~tS
southwesterlY, sou~hemsterly, southerlY,
OF HILLSIDE ESTATES SECOND ADDITION and HILLSID~ ESTATES THIRD ADDITION
all In Sherburne County, Minnesota.
County, Minnesota.
Outiot C. HILLSIDE ESTATES FouRTH ADDITION.
FuU ~eg~l deSCMtptlOns
/
~0 be pr,ovlded 6t ~ Future d~te.
Title opinion ~ot provided ~s o~ this d~e.
Property guk)Ject to e0~ements oF record,
All distances 6pprOxlm~te su~JeCt to ~ FIn~l survey,
TopograPhY provided by Howcrd R, Green ~nd ASSoCIates.
D~Slgn information and Io~ i~youtS For R~ck H~rrlson Site design
Owner and Oeveloper'~
River,side Developnen~ Cor,por,~tlon
19230 Evans Street
£~k R~ver, Hn. 55330
(612) 241-1801
Pict Are.l = 1,879,853 ~q. Ft.+/- (43,t6 Acres)
Lot
Block 4
Block 1 Lot I = 14,0ll ~,q. Ft.*/-
Lot ~ = 17,578 Sq. Ft.~/-
Lot 49,3t0 Sq. Ft.+/- Lot E : 16,007 SQ. Ft'+"-
Lo't = 35,245 Sq. Ft.*/- Lot ~ : 16,998 Sq,
Lot 34 14.359 SO, FI,+/- Lot ~6,887 Sq. Fq.+''-
Lot 5 : ~7,022 Sq. Ft.+/- Lot ~ = 20.200 Sq.
Lot 6 ~6.146 Sq. Ft.+/- Lot t6,389 Sq.
: Lot 7 ~22,427 Sq. Ft.*/-
Lot 8 : 24,193 SQ. Ft.*/-
Lot 8 : 15,955 ~q. r~..,/- Lot 9 : 15,605 Sq.
Lo~ 9 = 17,644 ~q. F~.~-- Lot ~0 : 17,786 Sq.
LOt tO : ~,863 Sq. Ft.+/- LOt tt 88,87~ Sq, Ft.+/-
Lot tt = 81,4~6 Sq. Ft.+/- t7,481 Sq,
Lot t2 : 18,979 SO. Ft~¢- Lot t2 :
Lot ~3 = eO,38t Sq. Ft.*/-
Lot ~3 : ~9,~07 Sq. FI. /- Lot t4 : ~8,~91 SQ.
Lot ~5 = 15,928 Sq.
91ack ~
Lot 26,98t SQ. Ft.+/- Lot ~6 : 16,099 Sq. Ft.*/-
Lot ~ % 80,494 Sq. Ft.*/- Lot ~7 : 16,~85 Sq. Ft.*/-
Ft.+/- Lot 18 : t4,467 Sq.
Lot 3 : 31,850 Sq.
Lo~ 4 = 87,t35 Sq. F~.*/- Lot 19 = 84,~38 Sq. Ft,*/-
Lot 5 = 17,572 Sq. FI,*/- Lot 20 : ~2,58~ Sq.
Lo~ 8t = 17,077 Sq. r~, --
Lot 22 = 2G,~50 SQ. Ft.+/-
Block 3
Lot = 80,706 Sq. Ft.+/- Lot 23 = 34,487 Sq.
Lo~ ~ 21,377 Sq. Ft.+/- Lot 24 : 21,503 Sa, Ft.+/-
Lo~ 25 : 20,494 Sq. Ft.+/-
Lot 3 : 2~,4~9 Sq. Ft.+/-
Lot 4 = 18,245 Sq. FI.e/- Lot 86 : 85,~8 Sq. Ft.+/-
Lot 5 : t3.854 Sq. Ft.+/- Lot 27 : 16,786 Sq. Ft,+/-
Lot 6 : 15.858 Sq, Ft.+/- LO~ 88 = t7,667 Sq. Ft.+/-
Lo~ 7 = 85,743 Sq. Ft.*/- Lot 29 = ~5,473 Sq.
Lot 30 = t5,i66 Sq.
Total number oF tots ............................................
Number oF bots between
12,00~ a~d ~4,000 Zq. Ft
14,001 and [6,000 Sq.
16,001 and 20,000 Sq. Ft.
EO,OOt ~md
Ave~aDe ~¢e~ oF [ors .................. 2Q.72.9--S~.
Htnimtum Front bulidtr, g setback ............................ 30
Lot 3! = 22,420 Sq.,Ft.+/-
Lot 32 = 86,331 Sq,
Lot 33 18,559 SQ. Ft.+/-
Lo~ 34 = 36,963 Sq. Ft.+/-
Lot 35 = 20,319 Sq. Ft,+/-
Lot 3,~ = 18,34t Sq. Ft.+/-
Outlot A = 12,698 Sq. Ft,+/-
Outlot B = 35,735 Sq. Ft.+/-
Outtot C 76,448 Sq. Ft.-"/-
Outtot D = 41,737 Sq. Ft.+/-
Outlot E = 80,459 SQ. Ft.+/-
TYPICAL LOT
$IGI~-D' ..............................
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
UNTLT
DEVELOPMENT DF,
HILLSIDE ESTATES
H~NTH ADDITION
CITY OF ELK PIVER, MINNESOTA
HILLSIDE
ESTATES NINTH
ADDITION
~ : -' -" 6 7 ........ 8
2 " ~b '"""-..
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.
: ' "- :~l 12
........ ~ ':' "~ 13
~ ~ 1~ ~ BY ~4 ~ ~ ~ ~ ~ ~'S
LOT SURVEYS, COMPANY, INC,
LA~ SURVEYORS
CITY OF ELK RIVER
SHERBURNE COUNTY,
VICINITY MAP
OUTLOT
MN.
SHEET
2 OF 2 SHEETS
Howard R, Green Company
CONSULTING ENGINEERS
February 14, 2000
File: 804410J-0240
Mr. Scoff Hadicker
Senior Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE:
HILLSIDE ESTATES 9TM ADDITION
FINAL PLAT REVIEW
Dear Mr. Hadicker:
As requested, we have reviewed the final plat of Hillside Estates 9"~ Addition. Based on our
review, we would offer the following comments:
1. The plat consists of a total of 15 lots. The lots are situated on 194~ Avenue NW, which is a
cul-de-sac extended off of the existing Auburn Street.
2. There are two outlots contained on the plat. They both fall within the power line easement
which runs through the entire Hillside Estates Addition. Outlot A contains the bituminous
trail required by the Park Commission and land which the Commission wants. Therefore,
Outlot A should be dedicated to the City. Outlot B should be platted into lots of a future
phase.
3. Watermain will need to be looped from the end of the cul-de-sac to future phases within the
southeast corner of Hillside Estates. Therefore, there will need to be a wider easement
down one of the lot lines.
4. Between Lot 1, Block 2 and Lot 14, Block I there should be a 10-foot drainage and utility
easement along the right-of-way. This will help to facilitate the contiguous extension of
utilities that would tend to use these easements. These easements will be necessary in
future additions of the plat.
5. The seal coating impact fee for Hillside Estates 9"~ Addition has been calculated at $1,250.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R.~:~Green Company
Terry J.'tvlaurer, P.E.
TJM:mw
O:\PROJ\804410J~0240~tr 2-14-00 SHarlicker.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
The Woods of Hillside
Case No. P 98-5
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on April 19, 1999; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
Co
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
o
o
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
This final plat approval shall expire one year from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
The following voted against the Resolution:
The following were absent:
Document\p98-5 Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this __ day of
,2000.
Stephanie Klinzing, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct copy of the resolution as adopted by the City Council of the City of Elk
River on ,2000.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 2000, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
Document\p98-5 Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
,2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
Document\p98-5 Page 4
EXHIBIT A
KNOW ALL PERSONS BY THESE PRESENTS: That Phoenix Enterprises LLc, o Minnesot0 Limited Liability Company, fee. owner,
of the following described property, situated in the. C~unty. of Sherbu['n.e,'.$t~=te of iMinnesotc'to wit:
Lot 5, .Biock '3, and Outlot C, HILLSIDE ESTATES .FOURTH ADDITION, ~occording t0 the p'iali on. file (md of' record in the:, officer
of 'the County Recorder,.Sherburne County, Minnesota and that pnrt of the WeSt. Hotf of the Northwest Quarter',of Section 26, ~
Township .53. Range 26, Sherburne County, blinnesoto lying Southeasterly ~nd SouthWeSterly of the recorded, plot. of HILLSIDE..
ESTATES FIFTH ADDITION and lying Northeasterly and S°utheosterly' of the recorded. Plot'".of HILLSIDE ESTATES I~OURTH ADDITION
end lying westerly, northeasterly northwesterly end. nort.herly of the following described line; Commencing at the.'Southeost.'c°rner
of said HILLSIDE ESTATES FIFTH ADDITION;, thence North 57 degrees 55 minutes 05 seconds West assumed bearing along' the .
most Southwesterly line of said HILLSIDE ESTATES FIFTH ADDITION o distance of 81,94.. feet'to the point of beginning of the line
to be described; thence South I degree 49 minutes 48 seconds East parallel with the"Eost llne of said West Half of the Northwest
'Quarter o dlstonce of 231.28 feet; thence North 57 degrees 55 minutes 05. seconds West 252.81 feet; thence South 52 ',-
degrees 04 minutes 55 seconds West 186.51 feet; thence South 52 degrees O0 minutes O0 seconds West 167.49 feet;
thence North 85 degrees O0 minutes O0 seconds West 352.1,3 feet; thence South 45 degrees O0 minutes O0 seconds West 79.45
feet; thence North 43 degrees 35 minutes 28 seconds West 212.27 feet; thence North. 70 degrees 37 minutes 10 seconds West
79.27 feet; thence northwesterly 141.07 feet along o non-tangential curve concave to the northeast having o control angle of 28
degrees 52 minutes 04 ssi:ands, o radius of 280.00 feet and o chord which bears North 60 degrees 03 minutes 15 seconds
West to the Southeasterly line of HILLSIDE ESTATES FOURTH ADDITION and there terminating.
Has caused the som~ to be surveyed and plotted os HILLSIDE ESTATES NINTH ADDITION and does hereby donate end de'dicote
to the public for public use forever the Street and Court 'and easements os shown on this plot for dr(~inoge end utility purposes
frm-flpt Page 5
EXHIBIT B
1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR
TO RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY
THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT
COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
5. 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.
6. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
8. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
9. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.
10. A LANDSCAPE PLAN AND CLEARING AND TREE PROTECTION PLAN SHALL BE
APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING.
11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
12. MINIMUM SETBACKS SHALL BE:
FRONT YARD 30 FEET
SIDE YARD 10 FEET
REAR YARD 30 FEET
GARAGE SIDE 5 FEET
13. ACCESSORY STRUCTURE SETBACKS SHALL BE:
FRONT YARD 30 FEET
SIDE YARD 5 FEET
REAR YARD 5 FEET
14. ALL MAILBOXES SHALL BE CLUSTERED.
15. WATER AVAILABILITY CHARGES TO BE PAID TO ELK RIVER UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
Document\p98-5 Page 6
16. THE TRAIL PROPOSED WITHIN THE NSP EASEMENT BE INSTALLED BY THE DEVELOPER AS
PART OF THIS PLAT. THE DEVELOPER SHALL WORK WITH CITY STAFF AS TO THE EXACT
LOCATION OF THE TRAIL.
17. THE APPLICANT PAY PARK DEDICATION FEES CONSISTENT WITH THE ORDINANCE
PRIOR TO RELEASING THE PLAT FOR RECORDING.
18. OUTLOT B SHALL BE REPLA'rrED AS PART OF A FUTURE ADDITION AND SHALL BE MADE
PART OF FUTURE RESIDENTIAL LOTS.
Document\p98-5 Page 7
183RI) '
1791~
Howard R, Green Company
CONSULTING ENGINEERS
February 16, 2000
File: 806610J-0325
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-1900
RE: AUBURN STREET CUL-DE-SAC ISSUE
Dear Council Members:
As requested, we have reviewed all of the available information regarding the Auburn Street cul-
de-sac issue. This included information from the Police Department regarding the speed study
performed. The City Council asked us at a previous meeting to review all the available
information and make a recommendation.
By way of history, the City Council directed staff to hold an informational meeting with residents
of Hillside Estates 3rd, 4th, 5th, 6th, and 7th Additions regarding the issue of potentially cul-de-
sacing Auburn Street near the power line easement. This would essentially segregate Hillside
Estates 3rd, 4th, and 5th from the 6th, 7th, and future 8~ Additions. That meeting was held at City
Hall on March 25th, 1999. A copy of the minutes from that meeting is attached.
Even before the Council directed that the informational meeting be held, several residents from
Auburn Street had contacted the Police Department numerous times regarding the speed of
traffic on the street. The Police Department investigated the issue and ultimately made the
recommendation to the City Council for the installation of speed bumps along Auburn Street.
These speed bumps were approved by the City Council but were never installed due to
neighborhood objection. This led to the informational meeting and a discussion of whether or
not Auburn Street should be cul-de-saced, eliminating its through nature from 193rd Avenue to
197th Avenue.
As you can see from the attached minutes, there were approximately 46 people who attended
the informational meeting. Comments ranged from not in favor of cul-de-sacing Auburn Street
because more traffic would be ddven to 197th Avenue, to cul-de-sacing the area at the north end
of Wilson Street to force all of Hillside Estates Additions to exit to the south on 193ra Avenue, to
those in favor of cul-de-sacing Auburn Street at the power lines. There was no clear-cut
consensus. These minutes were provided to the City Council at a meeting in the spdng of 1999.
The Council considered the minutes and took no action.
O:\PROJ~806610J\0325\ltr 2-15-00 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Honorable Mayor and City Council
February 16, 2000
Page Two
As a follow up to the speed complains on Auburn Street, the police department did a speed
study in the fall of 1999. Over the course of a couple of days, the radar unit recorded 2,982
vehicles. The average speed of all vehicles recorded was under 24 mph. The maximum speed
recorded over that period of time was 48 mph.
Based on all of the information available, it would be my recommendation that there be no
change in Auburn Street. I believe that the speed study conducted by the Police Department
clearly shows that the average speed of the traffic is well within the acceptable levels of the
design of Auburn Street. I believe that it also shows that excessive speed on Auburn Street
may be isolated instances. The minutes from the informational meeting shows no neighborhood
consensus on a method to rectify the speed problem, whether real or perceived. Another
concerned that I share with other staff members is that by cul-de-sacing Auburn Street the City
may be setting the precedent that any neighborhood can have this type of action taken if there
are a sufficient number of complaints relative to speed and/or volume of traffic.
If you have any questions regarding this issue, I will be in attendance at your February 22, 2000,
City Council meeting.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:mw
Attachments
cc: Tom Zerwas, Police Chief, City of Elk River
O:\PROJ\806610J\0325\ltr 2-15-00 Council.doc
Howard R, Green Company
CONSULTING ENGINEERS
Howard R, Green Oompany
GONSULTING ENGINEER8
MEMORANDUM
FROM:
DATE:
RE:
PROJECT:
Terry J. MaurerZ'~
March 25, 1999
AUBURN STREET INFORMATION MEETING MINUTES
806610J-0325
Notices were sent to all residents of Hillside Estates 3rd, 4th, 5th, 6th, and 7th Addition
regarding the informational meeting held at City Hall, Thursday, March 25~ 1999, at 6:00
p.m. The sign-up sheet is attached and contains approximately 46 names. There may
have been others in attendance that did not put their name on the sign-up sheet. Also in
attendance were Council Member Daryl Thompson and City Engineer Terry Maurer.
City Engineer Terry Maurer presented a brief history of the Hillside Estates
Development. An exhibit was presented showing the concept of the whole development
approved in early 1992. Highlighted on the exhibit were the seven additions currently
developed. It was indicated that the first seven additions of Hillside Estates have
followed reasonably close to the approved concept plan from 1992. The preliminary plat
of Hillside Estates 9th Addition which was recently approved by the Planning
Commission, was also discussed showing that it is the future development of the
southeast corner of the Hillside Estates area.
Terry Maurer went on to discuss the history of concerns and comments relevant to traffic
on Auburn Street. Terry indicated that last year the City Council, based on a
recommendation from the Police Department, approved installing speed' bumps along
Auburn Street. Due to neighborhood objection, the speed bumps were never installed.
A group of Auburn Street residents continue to meet with Terry to discuss other options
and hit upon the concept of potentially cu!-de-sacing Auburn Street from both the north
and south in the power line easement. In 1998, the City Council directed staff to hold
this informational hearing as the next Hillside Estates addition moved forward. It was
clearly stated at the informational hearing that the developer was not opposed to this but
was unwilling to pay for it and that the City Council last year had also shown the
willingness to help the neighborhood but stopped short of agreeing to pay for any
improvements. Therefore, it was indicated at the hearing that the purpose was to
discuss the concept and if there was a desire to move forward by both the residents and
the City Council, the next step would be to discuss options for funding and implementing
the proposed improvements.
o./proj./806610J/0325/610-0401Apri199 I
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
The proposed improvements were discussed in general detail. It was indicated that two
back-to-back cul-de-sacs could be constructed in the power line easement. That some
type minor berming and landscaping would be provided between them to discourage any
kind of vehicle traffic between the two cul-de-sacs. It was also indicated that a
pedestrian trail would be constructed between the two cul-de-sacs. The pedestrian trail
could be designed to allow emergency vehicles to pass between the cul-de-sacs.
At this point, the informational hearing was opened up to comments and questions from
the audience. The following is a summary of the general comments and questions
received in no specific order.
Speed limit signs should be placed on Auburn Street. There are no speed limit signs
within the Hillside Estates plat. (This has been passed on to the Street Department
and will be done this spring).
If the cul-de-sacs are placed on Auburn Street, more traffic will be using 197th
Avenue. Several residents from 197th Avenue indicated a desire to have no more
traffic on that roadway.
197th Avenue should have a centerline stripe and edge markings painted on it.
197th Avenue is generally in poor repair and should be upgraded and expanded to
carry the current traffic and certainly should be improved beyond what it is now if
additional traffic is to routed that direction.
A cul-de-sac should be placed on the north end of Wilson Street at 197th Avenue to
force all of the traffic from Hillside Estates plat to the south and also it would
eliminated the potential for cut-through traffic from 197th Avenue through Hillside
Estates to 193rd Avenue.
The question was asked how many people from Hillside Estates 5th, 6th, and 7th
Addition generally exit to the north to 197th Avenue to leave their area. A show of
hands indicated four people normally use this route.
There was a suggestion that there be a trial period with the Auburn Street blocked
near the power line easement with some type of temporary blockage and also a trial
with the north end of Wilson Street at 197th Avenue blocked to analyze the traffic
patterns with these two scenarios.
There was a comment made that the power line easement near Auburn Street was
the potential future home of a park area for the Hillside Estates Development. It was
further questioned whether it would be a good plan to cul-de-sac Auburn Street near
a potential park.
One resident commented that if Wilson Street were cul-de-saced near 197th Avenue,
that would eliminate the opportunity for the Hillside Estates area to exit onto 197th
Avenue and travel east to Tyler Street, a trip this resident indicated, he took often.
In addition to these comments received at the informatio.nal hearing, there were six
telephone calls and one letter received prior to the meeting. A copy of the letter is
attached. A summary of the telephone conversations is as follows:
R. Grgen Company
CONSULTING ENGINEERS
· One telephone call indicated that they lived on a cul-de-sac in Hillside Estates, they
felt they paid a premium for a cul-de-sac lot and did not want to pay for the cul-de-
sacing on Auburn Street.
· One resident along 196th Avenue called to voice opposition to the idea of cul-de-
sacing Auburn Street.
An unnamed person left a voice mail that they were opposed.
Two different residents from 197th Avenue telephoned to voice their concern
regarding increased traffic on 197th Avenue if Auburn Street were cul-de-saced.
· A resident from Hillside Estates telephoned to suggest that speed limit signs be
placed within Hillside Estates Development specifically along Auburn Street.
R. Green Company
CONSULTING ENGINEERS
Full and Final Settlement Agreement Between the City of Elk River
and Ronald Guenther (Court File No. C8 99-618)
February22, 2000
This settlement agreement is entered into this 22 day of February, 2000
between the City of Elk River ("Citf') and Ronald Guenther ("Guenther').
Recitals
The City has commenced an action in Sherburne County District Court
(Court file no. C8 99-618) ("Action") for the purpose of acquiring certain real
property owned by Guenther consisting of 3.77 acres located within the City
of Elk River and legally described in the City's Petition in Condemnation
("Property"). In the Action, the City is further acquiring a temporary
easement as more fully set forth in the City's Petition in Condemnation.
The City and Guenther desire to fully and finally settle all disputes
pertaining to the Property and avoid further litigation
Settlement
1. Upon approval by the City Council, the City will pay to Guenther the
total sum of Seventy Thousand Dollars ($70,000) for the acquisition of all
interests in the Property described in the City's Petition in Condemnation.
This sum shall be inclusive of all sums currently on deposit with the
Sherburne County District Court for this Action. It is the intent of the
parties hereto that the City pay no more than the total sum of $70,000 for the
Property.
2. Upon payment as set forth above in Paragraph 1, Guenther agrees to
fully and finally release the City and the City's staff, attorneys,
representative, agents, appraisers and council members, from any and all
liability pertaining to the Action, the Real Property and the City's acquisition
of the Real Property. Upon payment, Guenther agrees to waive any claim he
has or may have pertaining to the Property.
3. If necessary, Guenther agrees to execute any documentation which is
or may be necessary to transfer all rights to the Property to the City as more
fully set forth in the City's Petition in Condemnation for this Action.
4. Guenther further agrees to execute a standard stipulation for
dismissal with prejudice for this Action. The stipulation for dismissal will be
prepared by the City's attorney for this Action.
5. Guenther acknowledges that he is entitled to seek legal counsel of his
choice to review this settlement, but has chosen to not seek such advice.
6. This Settlement represents the entire scope of the agreement between
the City and Guenther and may not be modified unless in writing. Neither
party has made any representations to the other party which are not
exp re ssly set forth here in. ~~gr'~ o ~'~ '"~ ~/.~_.~~~~~ ~
Ronald Guenther
City of Elk River
By
Its
Witness