Loading...
05-15-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 15, 2000 Members Present: Members Absent: Staff Present: Also Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber and Motin None Pat Klaers, City Administrator; Sandra Peine, City Clerk; Bruce West, Fire Chief; Michele McPherson, Director of Planning; Steve Wensman, Planner; Steve Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney Michael Baker, Planning Commission Representative Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:05 p.m. by Mayor Klinzing. Consider A.qenda The following items were added to the agenda: 6.3a. Federal Conservation Act - Trott Brook Farms 7.1 a. Cul-de-Sac of County Road 13. COUNCILMEMBER FARBER MOVED TO APPROVE THE 5/15/00 COUNCIL AGENDA AS AMENDED. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent A.qenda COUNCILMEMBER THOMPSON MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 5/8/00 CITY COUNCIL MINUTES - APPROVED REQUEST BY WASH AND FILL OF MINNESOTA INC. FOR PRELIMINARY PLAT (ELK RIVER CROSSING 2ND ADDITION) PUBLIC HEARING CASE NO. P 00-8 - POSTPONED TO 6/19/00 REQUEST BY WASH AND FILL OF MINNESOTA INC. FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 00-12 - POSTPONED TO 6/19/00 REQUEST BY CITY OF ELK RIVER FOR ORDINANCE AMENDMENT TO RECOGNIZE SINGLE FAMILY DETACHED TOWNHOMES, PUBLIC HEARING CASE NO. OA 00-5 - POSTPONED TO 6/19/00 COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 15, 2000 Page 2 4.1. Utilities Commission Update Councilmember Dietz updated the council on the 5/9/00 Utilities Commission meeting. Items he reviewed in detail included purchasing of a Utilities pick-up using the state bid and wage increases. 4.2. Northstar Corridor Update Mayor Klinzing referred to the memo by Senior Planner Scott Harlicker that discussed the May 4, 2000, Northstar Corridor Development Authority meeting. The Mayor gave a brief update on the meeting. 4.3, Community Recreation Update Councilmember Motin updated the council on the Community Recreation Board meeting held on 5/15/00. 4.4. Consider Fire Insurance Classification Survey Fire Chief Bruce West stated that the fire department has been working towards the goal of reducing the fire protection class rating for Elk River. He indicated that the rating has been reduced from a high Class 5 to a Class 4 as of April 1, 2000. 4.5. Consider Fire Department Billinq Procedures in Contract Areas Fire Chief Bruce West updated the council on a complaint recently received in regard to billing for a fire run. He explained that the complainant's bill was dismissed because the call was canceled prior to the fire department reaching the site. Bruce West reviewed the billing procedures for the fire department. 4.6, Consider Authorization to Advertise for Fire Inspector/Administrative Assistant Position Fire Chief Bruce West required authorization to hire a full time fire inspector/administrative assistant. He reviewed the proposed job duties for this position. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE FIRE CHIEF TO ADVERTISE FOR A FULL TIME FIRE INSPECTOR/ADMINISTRATIVE ASSISTANT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Purchase of New Fire Chief Vehicle Fire Chief Bruce West requested authorization to purchase a new vehicle for the fire chief's use. He indicated that his present vehicle will be turned over to the new fire inspector/administrative assistant. Bruce explained that he received two quotes for the vehicle and that the Iow quote was for a 2000 Ford Explorer 4x4 at a price of $24,106 from Elk River Ford. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE PURCHASE OF A 2000 FORD EXPLORER 4X4 FROM ELK RIVER FORD IN THE AMOUNT OF $24,106 WITH Elk River City Council Minutes May 15~ 2000 Page 3 FUNDING TO COME FROM EQUIPMENT RESERVES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4,8. Director of Economic Development Search Update City Administrator Pat Klaers indicated that interviews were held by the Interview Committee for the position of director of economic development and the committee is recommending that the City Council hire Cathy Mehelich for this position. Mayor Klinzing indicated that she believes Jeff Gongoll is the best choice for the position at this time. She indicated that Jeff's qualifications are very good and his experience from being involved in the city is very important and further stated that Jeff has shown a commitment to the city. MAYOR KLINZING MOVED TO HIRE JEFF GONGOLL AS THE DIRECTOR OF ECONOMIC DEVELOPMENT FOR THE CITY OF ELK RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Thompson indicated that he was part of the Interview Commi~ee and stated that he felt the committee has chosen the best candidate for the position. Councilmember Motin indicated he was also on the Interview Committee and stated that the pros and cons of hiring the candidate were weighed very carefully and felt the committee chose the right person for the job. Councilmember Farber indicated that Jeff Gongoll is qualified for the position. He indicated he was aware that there would be a learning curve for Jeff, but there would also be a learning curve for any candidate moving into the position. He reminded the council that the EDA had endorsed Jeff as the director of economic development. Councilmember Dietz indicated that the council has to be consistent and fair in appointing department heads. He felt that the committee was impartial and indicated that he would support the candidate that they are recommending. Councilmember Farber suggested that the City Council review the top candidates as has been done before, Mayor Klinzing concurred with Councilmember Farber and questioned Whether the other councilmembers would be in favor of this, There was no response from the council. THE MOTION FAILED 2-3. Councilmember~ Dietz, Thompson, and Motin opposed. COUNCILMEMBER MOTIN MOVED TO HIRE CATHY MEHELICH FOR THE DIRECTOR OF ECONOMIC DEVELOPMENT POSITION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Farber opposed. COUNCILMEMBER MOTIN MOVED TO DIRECT THE BRIMEYER GROUP, INC. TO NEGOTIATE TERMS AND CONDITIONS OF EMPLOYMENT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Farber opposed. Elk River City Council Minutes May 15~ 2000 Page 4 The City Council recessed at 6:55 p.m. and reconvened at 7:05 p.m. / 6.1. Request by Ron Wold for Final Plat Apprc~val (Mulvoney Point), Case No. P 00-2 / Planner §t~v~ W~n~man indicaf~d fhat I~n Wald i~ r~clu~tincj final Idat to subdivide a 21.59 aare parael in the B~siness Park zoning district into four lots. He noted that the post office intends to ~nter into a purchase agreement with the owner for a four acre parcel Iocatecl at the corner of County Roads 12 and 13. / Steve Wensman reviewed the staff repor discussed by the council, The council rea developers to try to save as many trees ¢ about access to the site. COUNCILMEMBER FARBER MOVED TO AD( PLAT APPROVAL FOR MULVANEY POINT, C CONDITIONS: A DEVELOPERS AGREEMENT BE PREPAIi TERMS AND CONDITIONS OF THE PLAT IMPROVEMENTS. 2. THAT A LETTER OF CREDIT BE PROVIDED THE COSTS OF PUBLIC IMPROVEMENT! UPON COMPLETING ALL OF THE IMPR¢ BY THE CITY, A WARRANTY BOND IN TH IMPROVEMENT COSTS SHALL BE SUBMI PERIOD. SURFACE WATER MANAGEMENT FEE IN THE TIME OF FINAL PLAT BE PAID PRIOR WITH SHERBURNE COUNTY. 5. PARK DEDICATION FEE AND TRAIL FEE I THE TIME OF FINAL PLAT BE PAID PRIOR WITH SHERBURNE COUNTY. THAT A 12 FOOT TRAIL EASEMENT BE Gl OR SIDEWALK ADJACENT COUNTY RO~ PRIOR TO RECORDING. THAT THE GRADING PLAN AND DEVEL( SUITABLE FOR TRAIL PURPOSES WITHIN EDGE OF THE PLAT. THAT THE LOCATION OF THE DRAINAG ON LOT 1, BLOCK 1 AND LOT 1, BLOCI< ACCOMMODATE A FUTURE TRAIL AND RECORDING. on this issue. Tree preservation was ~ested staff to work closely with the possible. Also discussed was a concern PT RESOLUTION 00-31 GRANTING FINAL ~SE NO. 00-2 WITH THE FOLLOWING ED AND EXECUTED THAT OUTLINES THE ~,PPROVAL AND INSTALLATION OF TO THE CITY IN THE AMOUNT OF 100% OF VEMENTS AND HAVING THEM ACCEPTED E AMOUNT OF 25 % OF THE FrED TO THE CITY FOR A ONE-YEAR THE AMOUNT REQUIRED BY THE CITY AT TO RELEASING THE PLAT FOR RECORDING N THE AMOUNT REQUIRED BY THE CITY AT TO RELEASING THE PLAT FOR RECORDING ~ANTED TO THE CITY FOR A FUTURE TRAIL S~D 13 ON THE WEST SIDE OF THE PLAT ~PMENT PLAN INDICATE GRADING TRAIL EASEMENT ALONG THE WEST ! AND UTILITY EASEMENTS FOR PONDING 2 BE REVISED ON THE PLAT TO MOVED PONDING AREAS PRIOR TO Elk River City Council Minutes May 15~ 2000 10. 11. 12. 13. A GRADING AND EROSION CONTROL SUBMITTED AND APPROVED BY THE CI1 BUILDING PERMITS FOR EACH LOT. THAT ALL COMMENTS IN THE CITY ENO ADDRESSED PRIOR TO RECORDING THE THAT STREET LIGHTS BE INSTALLED AS R THAT THERE BE NO MASS GRADING OI ISSUANCE. THAT TREE REMOVAL PRIOR TO BUILDIt IS NECESSARY FOR THE CONSTRUCTIOI 14. THAT AN EASEMENT BE GRANTED IN TI- Page 5 PLAN AND DEVELOPMENT PLAN BE Y ENGINEER PRIOR TO THE ISSUANCE OF ~INEER'S MEMO DATED MAY 10, 2000 BE PLAT. EQUIRED BY ELK RIVER UTILITIES. THE SITE PRIOR TO BUILDING PERMIT G PERMIT ISSUANCE BE LIMITED TO WHAT OF THE PUBLIC IMPROVEMENTS. FAVOR OF THE CITY FOR THE UTILITIES 15. 16. CROSSING PRIVATE PROPERTY. IF THE ~EASEMENT CANNOT BE OBTAINED, THEN THE UTILITIES SHALL BE REALIGNED TO ANOTHER LOCATION AS DETERMINED BY THE CITY ENGINEER. / / THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPRO DAMAGE TO TREES BY INADVERTENT G AND STORAGE OF DEBRIS OR EQUIPME THAT AS EACH LOT DEVELOPS, A TREE INDICATING TREE PRESERVATION MEA~ REMOVAL. 17. THAT A 6 FOOT SIDEWALK BE CONSTRI, 18. 19. VEMENTS AT THE DRIPLINE TO PREVENT RADING, EROSION, SOIL COMPACTION NT IN THE TREES. :~RESERVATION PLAN SHALL BE SUBMITTED ;URES AND THE NECESSARY TREE ICTED IN THE PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF THE NEW EAST-WES~T ROAD IN THE PLAT AS PART OF THE PUBLIC IMPROVEMENTS. A SEALCOAT FEE IN THE AMOUNT TOBE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. C THAT A PERMANENT CUL-DE-SAC BE ONSTRUCTED WITHIN A STREET AND DRAINAGE AND UTILITY EASEMENT AND THAT THE EASEMENT BE GRANTED IN FAVOR OF THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 20. THAT THE EXISTING HOME BE REMOVEI WITH SHERBURNE COUNTY. 21. THAT THE PLAT PROVIDES ACCESS COl ROAD 12 AND COUNTY ROAD 13 FROI~ EXTENSION OF 3RD STREET. COUNCILMEMBER MOTIN SECONDED THE PRIOR TO RECORDING THE FINAL PLAT TROL ON THE TYLER STREET, COUNTY ITAGES WITH THE EXCEPTION OF THE vIOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 15~ 2000 6.2. Request by Elk River Business Center LLC Park) Case No. P 98-7 Director of Planning Michele McPherson final plat approval of Elk River Business Pc consistent with the preliminary plat that December 21, 1998. She explained that Michele reviewed the staff report on thi,~ COUNCILMEMBER FARBER MOVED TO ADC PLAT APPROVAL FOR ELK RIVER BUSINESS FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLININ PLAT APPROVAL AND INSTALLATION O EXECUTED PRIOR TO RELEASING THE PL 2. A LETTER OF CREDIT IN THE AMOUNT Ri A SURFACE WATER MANAGEMENT FEE THE TIME OF FINAL PLAT APPROVAL BE RECORDING. 4. A SEALCOAT FEE IN THE AMOUNT DETE PRIOR TO RELEASING THE PLAT FOR RE( 5. A PARK DEDICATION FEE IN THE AMOL TO RELEASING THE PLAT FOR RECORDII 6. ALL COMMENTS OF THE CITY ENGINEEI o A GRADING AND EROSION CONTROL SUBMITTED AND APPROVED BY THE CIT BUILDING PERMITS. 8. ALL GRADING WILL NEED TO BE CERTIF PERMITS. 9. STREETLIGHTS SHALL BE INSTALLED AS R UTILITIES. 10. SIDEWALKS BE INSTALLED ALONG THE ( ALONG WITH A PEDESTRIAN CONNEC1 DEVELOPMENT TO THE NORTH. 11. AN ACCESS AND UTILITY EASEMENT BE TO THE WEST. 12. RESTRICTIVE COVENANTS BE PUT IN PIJ BE COMPLETED AND RECORDED ALON Page 6 or Final Plat Approval (Elk River Business ndicated that Rick Martens is requesting rk. She indicated that the final plat is ~as approved by the council on here are a total of seven lots in the plat. issue. :)PT RESOLUTION 00-32 GRANTING FINAL 'ARK CASE NO. 98-7 WITH THE THE TERMS AND CONDITIONS OF THE IMPROVEMENTS BE PREPARED AND ~,T FOR RECORDING. QUIRED BY THE CITY BE SUBMITTED. IN THE AMOUNT REQUIRED BY THE CITY AT PAID PRIOR TO RELEASING THE PLAT FOR ~MINED BY THE CITY ENGINEER BE PAID ;ORDING. NT REQUIRED BY THE CITY BE PAID PRIOR ~G. BE ADDRESSED. LAN AND DEVELOPMENT PLAN BE ~' ENGINEER PRIOR TO THE ISSUANCE OF ED PRIOR TO ISSUANCE OF BUILDING ECOMMENDED BY ELK RIVER MUNICIPAL :)UTSIDE EDGE OF THE PROPOSED ROAD ION TO THE ADJACENT COMMERCIAL PROVIDED TO THE ADJACENT PROPERTY iCE OVER THE WETLANDS. THESE SHALL ~ WITH THE PLAT. Elk River City Council Minutes May 15~ 2000 13. THE APPLICANT SHALL PROVIDE AN EA TRAIL CONNECTION TO THE COMMER~ COUNCILMEMBER THOMPSON SECONDEI~ 6.3. Request by D.F. Peck for Final Plat Appro' Director of Planning Michele McPherson final plat approval of Whitetail Ridge. Sh~ acre clustered subdivision including 18 sir and a community septic system, Michele reviewed the staff report on this COUNCILMEMBER THOMPSON MOVED TO FINAL PLAT APPROVAL FOR WHITETAIL RIDI FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT OUTLING 1 APPROVAL AND INSTALLATION OF IMF PRIOR TO RELEASING THE PLAT FOR REI 2. ALL COMMENTS OF THE CITY ENGINEEI 3. A HOMEOWNERS ASSOCIATION DOCL ATTORNEY'S REVIEW AND APPROVAL 4. STREET LIGHTS BE INSTALLED AS REQUI 5. A LETTER OF CREDIT BE PROVIDED TO TI COSTS OF THE PUBLIC IMPROVEMENT~ UPON COMPLETING ALL OF THE IMPR~ BY THE CITY, A WARRANTY BOND IN T~ IMPROVEMENT COSTS SHALL BE SUBMI YEAR. 7. PARK DEDICATION FEES IN THE AMOUr FINAL PLAT BE PAID PRIOR TO RELEASII~ SURFACE WATER MANAGEMENT FEE IN THE TIME OF FINAL PLAT BE PAID PRIOR RECORDING. 9. A SEAL COAT FEE IN THE AMOUNT TO E PAID PRIOR TO RELEASING THE PLAT FC 10. A GRADING AND EROSION CONTROL ENGINEER PRIOR TO THE ISSUANCE OF 11. A DEVELOPMENT PLAN BE APPROVED ISSUANCE OF BUILDING PERMITS. Page 7 SEMENT ACROSS LOT 1, BLOCK 1 FOR A ;IAL DEVELOPMENT. THE MOTION. THE MOTION CARRIED 5-0. /al (Whitetail Rid.qe) Case No. P 00-5 ndicated that D.F. Peck is requesting ,~ indicated that Whitetail Ridge is a 39 ~gle family lots, 21 acres of open space, issue. ADOPT RESOLUTION 00-33 GRANTING ~E, CASE NO. P 00-5 WITH THE 'HE TERMS AND CONDITIONS OF THE PLAT ROVEMENTS BE PREPARED AND EXECUTED ;ORDING. SHALL BE ADDRESSED. VlENT BE PREPARED SUBJECT TO THE CITY RIOR TO FINAL PLAT. ED BY ELK RIVER UTILITIES. ~E CITY IN THE AMOUNT OF 100% OF THE ,VEMENTS AND HAVING THEM ACCEPTED E AMOUNT OF 25% OF THE FrED TO THE CITY FOR THE PERIOD OF ONE IT REQUIRED BY THECITY AT THE TIME OF IG THE PLAT FOR RECORDING. THE AMOUNT REQUIRED BY THE CITY AT TO RELEASING THE PLAT FOR E DETERMINED BY THE CITY ENGINEER BE ,R RECORDING. ~LAN BE APPROVED BY THE CITY BUILDING PERMITS. THE CITY ENGINEER PRIOR TO THE Elk River City Council Minutes May 15, 2000 6.3a. 12. ALL GRADING BE CERTIFIED PRIOR TO 13. RIGHT-OF-WAY BE PROVIDED ON THE ACCESS TO THE PROPERTY TO THE NOI 14. OUTLOT A AND OUTLOT B BE PLACED I HELD BY THE HOMEOWNERS ASSOCIA' 15. ALL MAILBOXES BE CLUSTERED. 16. A TREE PRESERVATION PLAN BE APPRC RECORDING. 17. ANY TREES, OFF SITE OR ON SITE NEAR PRESERVED SHALL BE FENCED WITH A ,~ GRADING, COMPACTION, OR STORA¢ STAFF SHALL INSPECT FENCING PRIOR 18. THE DEVELOPER ACQUIRE ADDITIONAl TO THE NORTH IN ORDER TO PROVIDE FOR POLK STREET. 19. ANY OFF SITE GRADING WILL REQUIRE OWNERS. 20. CONSTRUCTION OF A HOUSE ON LOT OF RECORDING THE FINAL PLAT. IF CO YEARS THE STORAGE BUILDING ON SAI ACCOUNT IN THE AMOUNT OF $2,000 REMOVING THE STRUCTURE PRIOR TO ! 21. LANDSCAPE OUTLOT A TO SCREEN THE DISTURBED AREAS SHALL BE GRADED .~ COUNCILMEMBER DIETZ SECONDED THE IV Wetland Conservation Act - Tro~ Brook A memo from Building and Zoning Admit reviewed. Director of Planning Michele McPherson Brook Farms has submiffred a revised plar wetland fill. Building and Zoning Administ technical evaluation panel for the Wetla revised plans. COUNCILMEMBER FARBER MOVED TO APF MITIGATION PLAN FOR THE TROTT BROOK FOLLOWING CONDITIONS: Page 8 rilE ISSUANCE OF BUILDING PERMITS. NORTH SIDE OF POLK STREET TO PROVIDE !TH. N A CONSERVATION EASEMENT TO BE IION OR A QUALIFIED LAND TRUST. VED PRIOR TO RELEASING THE PLAT FOR THE LIMIT OF GRADING, THAT ARE TO BE ;NOW FENCE AT THE DRIP LINE TO PREVENT ;E OF EQUIPMENT, DEBRIS, OR MATERIALS. ro GRADING COMMENCING. . PROPERTY FROM THE PROPERTY OWNER IHE REQUIRED 60 FOOT RIGHT-OF-WAY EASEMENTS FROM ADJACENT PROPERTY I, BLOCK 2, SHALL BEGIN WITHIN 2 YEARS NSTRUCTION IS NOT STARTED WITH IN 2 D LOT SHALL BE REMOVED. AN ESCROW SHALL BE SET UP TO COVER THE COST OF !ELEASING THE PLAT FOR RECORDING. SEPTIC AREA FROM STREET, ALL ,ND SEEDED. OTION. THE MOTION CARRIED 5-0. 3rms istrator Steve Rohlf was distributed and ndicated that the developer of Trott , for wetlands that includes 2.48 acres of · ator Steve Rohlf indicated that the nd Conservation Act has reviewed the ROVE THE REVISED FILLING AND :ARMS DEVELOPMENT WITH THE Elk River City Council Minutes May 15, 2000 1. A RESTRICTIVE CONVENANT AND DRA RECORDED ON THE MITIGATION AREA THE DEVELOPER'S AGREEMENT FOR TH PLACES THE RESPONSIBILITY FOR THE $ THE DEVELOPER. 3. THE LETTER OF CREDIT COVERING THE THE PROJECT ALSO INCLUDE THE COS' 4. THE DEVELOPERS SUBMIT A WRITTEN M Page 9 INAGE AND UTILITY EASEMENT BE S. .-' PROJECT INCLUDE LANGUAGE THAT UCCESS OF THE WETLAND MITIGATION ON ~UBLIC IMPROVEMENTS ASSOCIATED WITH OF THE MITIGATION WORK. :)NITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR ,~FTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BI~ APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT. / / COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by D.R. Horton for Final Plat App Case No. P 00-11 Request by D.R. Horton for Final Plat App Case No. P 97-8 Director of Planning Michele McPherson final plat of Troft Brook Farms Fifth and Sb Addition includes 77 townhomes in the sI Addition includes 58 single family lots nor Michele reviewed the staff report on this Mayor Klinzing indicated that she would believe that development of high densit at this time, as it will have a significant irt COUNCILMEMBER MOTIN MOVED TO AD(: PLAT APPROVAL FOR TROTT BROOK FARM~ THE FOLLOWING CONDITONS: 1. ALL COMMENTS RAISED BY THE DEPAR INCORPORATED INTO THE PLAT. 2. EACH SINGLE FAMILY LOT SHALL RECE TREE; CORNER LOTS SHALL RECEIVE 1 I STREET FRONTAGE. 3. FRONT SETBACK OF 25 FEET FROM THE STREETS A, F, J, O, R AND S. SIDE YARD THE GARAGE SIDE 4. ALL COMMENTS OF THE CITY ENGINEE PLANS. roval (Trott Brook Farms Fifth Addition) 'oval ('rro~r Brook Farms Sixth Addition) indicated that D.R. Horton has requested :th Additions. She stated that the Fifth ~utheast corner of the site and the Sixth th of the park. issue. be voting in opposition as she does not property is in the best interest of the city oact on city services. PT RESOLUTION 00-34 GRANTING FINAL FIFTH ADDITION CASE NO. P 00-11 WITH 'MENT OF NATURAL RESOURCES BE IVE 1 STREET TREE AND 1 FRONT YARD TREET TREE AND 1 FRONT YARD TREE PER PROPERTY LINES ON ALL STREETS EXCEPT SETBACKS SHALL BE 10 FEET, 5 FEET ON SHALL BE INCORPORATED INTO THE Elk River City Council Minutes May 15~ 2000 5. PRIOR TO THE ISSUANCE OF ANY BUILI SUBMITTED OUTLINING STYLE OF HOUS 6. ALL STREETS BE BUILT TO CITY STANDAI WHICH WILL BE LARGER. 7. A DEVELOPERS AGREEMENT SHALL BE RECORDING THE PLAT. 8. SURFACE WATER MANAGEMENT FEES FOR RECORDING. 9. HOMEOWNERS ASSOCIATION DOCUI~ PRIOR TO RELEASING THE PLAT FOR RE 10. STREET LIGHTS SHALL BE INSTALLED PElt 11. A LETTER OF CREDIT BE PROVIDED TO 1 COSTS OF PUBLIC IMPROVEMENTS. 12. UPON COMPLETING ALL OF THE IMPR( BY THE CITY, A WARRANTY BOND IN Ti IMPROVEMENT COSTS SHALL BE SUBM PERIOD. 13. WATER AVAILABILIW CHARGE BE PAlE RECORDING. 14. ALL NECESSARY TRUNK SANITARY SEW LATERAL WATER ASSESSMENTS BE PAII~ RECORDING. 15. ALL NECESSARY PERMITS SHALL BE RE¢ WITHIN ANY EASEMENTS. 16. ALL COMMENTS FROM PHIL HALS, THE MEMO SHALL BE INCORPORATED INTC 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. LANDSCAPE EASEMENTS SHALL BE INC NEIGHBORHOOD SIGNS. 19. THE DEVELOPER INSTALL THE TRAIL PRC ADDITION. 20. THAT A RESTRICTIVE COVENANT AND I RECORDED ON THE MITIGATION AREA 21. THAT THE DEVELOPER'S AGREEMENT FC THAT PLACES THE RESPONSIBILITY FOR MITIGATION ON THE DEVELOPER. Page 10 )lNG PERMITS A DEVELOPMENT PLAN BE E AND FINISHED GRADES ON EACH LOT. !DS WITH THE EXCEPTION OF STREET A, SIGNED AND RECORDED PRIOR TO ~E PAID PRIOR TO RELEASING THE PLAT lENTS SHALL BE REVIEWED BY THE CITY ~ORDING. ELK RIVER UTILITIES RECOMMENDATIONS. HE CITY IN THE AMOUNT OF 100% OF THE )VEMENTS AND HAVING THEM ACCEPTED IE AMOUNT OF 25 % OF THE TTED TO THE CITY FOR A ONE YEAR PRIOR TO RELEASING THE PLAT FOR ER AND WATER ASSESSMENTS, AND PRIOR TO RELEASING THE PLAT FOR :EIVED PRIOR TO COMMENCING WORK STREET/PARK SUPERINTENDENT, IN HIS THE PLANS. LUDED AROUND ALL DEVELOPMENT AND 'POSED TO BE LOCATED WITHIN THE 5TM )RAINAGE AND UTILITY EASEMENT BE S. R THE PROJECT INCLUDES LANGUAGE 'HE SUCCESS OF THE WETLAND Elk River City Council Minutes May 15~ 2000 22. THAT THE LETTER OF CREDIT COVERINC- WITH THE PROJECT ALSO INCLUDE THE 23. THAT THE DEVELOPERS SUBMIT A WRITT REPLACEMENT WETLANDS ONE YEAR COMPLETED AND THAT THIS REPORT BE RELEASE OF THE LETTER OF CREDIT. AND TO ADOPT RESOLUTION 00-35 GRAN1 BROOK FARMS SIXTH ADDITION, CASE NO CONDITIONS: 1. ALL COMMENTS RAISED BY THE DEPAR INCORPORATED INTO THE PLAT. EACH SINGLE FAMILY LOT SHALL RECEI TREE; CORNER LOTS SHALL RECEIVE 1 S STREET FRONTAGE. FRONT SETBACK OF 25 FEET FROM THE STREETS A, F, J, O, R AND S. SIDE YARD THE GARAGE SIDE 4. ALL COMMENTS OF THE CITY ENGINEEI PLANS. 5. PRIOR TO THE ISSUANCE OF ANY BUILn SUBMITTED OUTLINING STYLE OF HOUS 6. ALL STREETS BE BUILT TO CITY STANDAIi WHICH WILL BE LARGER. 7. A DEVELOPERS AGREEMENT SHALL BE RECORDING THE PLAT. 8. SURFACE WATER MANAGEMENT FEES FOR RECORDING. 9. HOMEOWNERS ASSOCIATION DOCUI~ PRIOR TO RELEASING THE PLAT FOR RE( 10. STREET LIGHTS SHALL BE INSTALLED PER 11. A LE'n'ER OF CREDIT BE PROVIDED TO Ti COSTS OF PUBLIC IMPROVEMENTS. 12. UPON COMPLETING ALL OF THE IMPRO BY THE CITY, A WARRANTY BOND IN TH IMPROVEMENT COSTS SHALL BE SUBMI1 PERIOD. Page 11 THE PUBLIC IMPROVEMENTS ASSOCIATED ~.OST OF THE MITIGATION WORK. EN MONITORING REPORT ON THE ~FTER THIS MITIGATION WORK IS APPROVED BY CITY STAFF PRIOR TO THE lNG FINAL PLAT APPROVAL FOR TROTT P 00-12 WITH THE FOLLOWING MENT OF NATURAL RESOURCES BE YE 1 STREET TREE AND 1 FRONT YARD I'REET TREE AND 1 FRONT YARD TREE PER ~ROPERTY LINES ON ALL STREETS EXCEPT SETBACKS SHALL BE 10 FEET, 5 FEET ON SHALL BE INCORPORATED INTO THE NG PERMITS A DEVELOPMENT PLAN BE AND FINISHED GRADES ON EACH LOT. )S WITH THE EXCEPTION OF STREET A, IGNED AND RECORDED PRIOR TO PAID PRIOR TO RELEASING THE PLAT NTS SHALL BE REVIEWED BY THE CITY :ORDING. I:LK RIVER UTILITIES RECOMMENDATIONS. IE CITY IN THE AMOUNT OF 100% OF THE VEMENTS AND HAVING THEM ACCEPTED .: AMOUNT OF 25 % OF THE TED TO THE CITY FOR A ONE YEAR Elk River City Council Minutes May 15~ 2000 13. WATER AVAILABILITY CHARGE BE PAID RECORDING. 14. ALL NECESSARY TRUNK SANITARY SEWI LATERAL WATER ASSESSMENTS BE PAID RECORDING. 15. ALL NECESSARY PERMITS SHALL BE REC WITHIN ANY EASEMENTS. 16. ALL COMMENTS FROM PHIL HALS, THE MEMO SHALL BE INCORPORATED INTO 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. LANDSCAPE EASEMENTS SHALL BE INC NEIGHBORHOOD SIGNS. 19. THE DEVELOPER INSTALL THE TRAIL PRC ADDITION. 20. THAT A RESTRICTIVE COVENANT AND I RECORDED ON THE MITIGATION AREA 21. THAT THE DEVELOPER'S AGREEMENT F( THAT PLACES THE RESPONSIBILITY FOR MITIGATION ON THE DEVELOPER. 22. THAT THE LETTER OF CREDIT COVERING WITH THE PROJECT ALSO INCLUDE THE 23. THAT THE DEVELOPERS SUBMIT A WRITTE REPLACEMENT WETLANDS ONE YEAR A COMPLETED AND THAT THIS REPORT BE RELEASE OF THE LETTER OF CREDIT. 6.6. COUNCILMEMBER THOMPSON SECONDED Mayor Klinzing opposed. Request by Vicki Szews to Operate a Mo~ CU 00-13 Councilmember Motin stated for the rec~ applicant in drawing up corporation doe there is a conflict of interest with this issue Director of Planning Michele McPherson a conditional use permit to operate a M( Michele reviewed the staff report on this Commission recommended approval of Page 12 PRIOR TO RELEASING THE PLAT FOR iR AND WATER ASSESSMENTS, AND PRIOR TO RELEASING THE PLAT FOR EIVED PRIOR TO COMMENCING WORK STREET/PARK SUPERINTENDENT, IN HIS THE PLANS. LUDED AROUND ALL DEVELOPMENT AND POSED TO BE LOCATED WITHIN THE 5TH )RAINAGE AND UTILITY EASEMENT BE THE PROJECT INCLUDES LANGUAGE rilE SUCCESS OF THE WETLAND THE PUBLIC IMPROVEMENTS ASSOCIATED COST OF THE MITIGATION WORK. N MONITORING REPORT ON THE · "TER THIS MITIGATION WORK IS APPROVED BY CITY STAFF PRIOR TO THE THE MOTION. THE MOTION CARRIED 4-1. ~tessori School, Public Hearinq Case No. ~rd that he has represented the uments, however he does not believe ~dicated that Vicki Szews has requested ~ntessori School at 555 Railroad Drive. ssue. She noted that the Planning 'he request with certain conditions. Elk River City Council Minutes May 15, 2000 6.7, Mayor Klinzing opened the public hearir matter, Mayor Klinzing closed the public COUNCILMEMBER FARBER MOVED TO APl OPERATE A MONTESSORI SCHOOL AT 555 CONDITIONS: THE REQUIREMENTS OF THE CHIEF BUlL THE APPLICANT SHALL RECEIVE A LICE PRIOR TO COMMENCING OPERATION SIGNAGE SHALL COMPLY WITH THE Sl~ THE OWNER SHALL WORK WITH STAFF' THE ENTRY INTO COMPLIANCE WITH TI SIGNAGE REGARDING CHILDREN CR( COUNCILMEMBER DIETZ SECONDED THE Request by Marybeth Dunn for Conditior School, Public Hearing Case No. CU 00-1 Director of Planning Michele McPherson requested a conditional use permit to ol Preschool, and Daycare at 1118 4th Stree Church. Michele McPherson noted that approval of the request. Michele reviewed the staff repon' on this Mayor Klinzing opened the public hearir matter, Mayor Klinzing closed the public COUNCILMEMBER FARBER MOVED TO APl REQUEST BY MARYBETH DUNN TO OPERATI PRESCHOOL, AND DAYCARE AT 1118 4TM THE APPLICANT SHALL RECEIVE A LIC PRIOR TO COMMENCEMENT OF THE S, ALL REQUIREMENTS OF THE CHIEF BUlL A COPY OF THE AGREEMENT WITH THE CITY. ALL SIGNAGE SHALL COMPLY WITH TF OBTAINED PRIOR TO INSTALLATION OI COUNCILMEMBER THOMPSON SECONDEr Page 13 g. There being no one for or against the hearing. IPOVE THE CONDITIONAL USE PERMIT TO RAILROAD DRIVE WITH THE FOLLOWING ~ING OFFICIAL SHALL BE MET. NSE FROM THE STATE OF MINNESOTA ;N ORDINANCE. 'O BRING THE DRIVEWAY ADJACENT TO IE CODE REQUIREMENTS. ADDITIONAL ~SSING SHALL ALSO BE ADDED. lOTION. THE MOTION CARRIED 5-0. ~al Use Permit to Operate a Montessori 4 indicated that Marybeth Dunn has ~erate a Montessori Kindergarten, t, which is the Union Congregational Ihe Planning Commission recommended issue. g. There being no one for or against the hearing. ~ROVE THE CONDITIONAL USE PERMIT i A MONTESSORI KINDERGARTEN, TREET WITH THE FOLLOWING CONDITIONS: NSE FROM THE STATE OF MINNESOTA ;HOO. )lNG OFFICIAL SHALL BE MET. NEIGHBOR SHALL BE PROVIDED TO THE E SIGN ORDINANCE AND A PERMIT BE ANY SIGNS. THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 15~ 2000 6.8. Request for Conditional Use Permit by Ry~ CU 00-9 Building and Zoning Administrator Steve r Fischer Sand and Aggregate s request n! metallic material. Steve Rohlf reviewed ti Mayor Klinzing opened the public hearin matter, Mayor Klinzing closed the public COUNCILMEMBER THOMPSON MOVED TO OF FISCHER SAND AND AGGREGATE TO M COUNCILMEMBER MOTIN SECONDED THE 6.9. Request by Madison Marquette Realty SE Use Permit, Public Hearin,q Case No. CU Planner Steve Wensman indicated that an amendment to the conditional use pc from 19 feet to 30 feet and to increase square feet at Elk River Plaza 4th Addition Steve Wensman reviewed the staff repor Planning Commission recommended apl Mayor Klinzing opened the public hearin matter, Mayor Klinzing closed the public COUNCILMEMBER FARBER MOVED TO APf CONDITIONAL USE PERMIT AS REQUESTED I SERVICES TO INCREASE THE ALLOWED MOl 30 FEET AND TO INCREASE THE ALLOWED S SQUARE FEET WITH THE FOLLOWING CONI~ 1. A SIGN PERMIT IS OBTAINED FROM THE PRIOR TO ANY INSTALLATION OF SIGN NO CONIFERS ON THE ELK RIVER PLAZ~ 169 RIGHT-OF-WAY EAST OF THE SITE B CITY OF ELK RIVER PLANNING DEPART! COUNClLMEMBER MOTIN SECONDED THE 6.10. Request for Easement Vacation by John Planner Steve Wensman indicated that J street and utility easement across a prop Planned Unit Development. The location Lots 1 and 2, Block 6, Barrington Place. Page 14 ~n Contractin.q, Public Hearin.q Case No. !ohlf indicated that Matt Fischer of ~1 a conditional use permit to mine non- ~e staff report on this issue. There being no one for or against the ~earing. APPROVE THE REQUEST BY MATT FISCHER INE NON-METALLIC MATERIAL. VlOTION. THE MOTION CARRIED 5-0. ~rvices for Amendment to Conditional 0-11 ~adison Marquette Realty has requested ,~rmit to increase the allowed sign height e allowed sign area from 80 feet to 126 on this issue. He indicated that the Iroval. There being no one for or against the ~earing. ROVE THE AMENDMENT TO THE ~Y MADISON MARQUETTE REALTY YUMENT SIGN HEIGHT FROM 19 FEET TO IGN AREA FROM 80 SQUARE FEET TO 126 ITIONS: ELK RIVER PLANNING DEPARTMENT PROPERTY OR ALONG THE HIGHWAY REMOVED WITHOUT APPROVAL OF THE ENT. VlOTION. THE MOTION CARRIED 5-0. ~unkers, Public Hearin,q Case No. EV 00-2 ~hn Bunkers is requesting to vacate a ~rty located in the Barrington Place of the property is 568 Dodge Avenue, Steve Wensman reviewed the staff repot on this issue. Elk River City Council Minutes May 15~ 2000 6,11. Mayor Klinzing opened the public hearin Gary Santwire, 200 5th Street, Elk River, re, drive. He noted that the legal descriptior There being no further comments, Mayor COUNCILMEMBER THOMPSON MOVED TO VACATING DRAINAGE AND UTILITY EASEM FOLLOWING CONDITIONS: AN EASEMENT AGREEMENT BE GRANTI EMERGENCY VEHICLE ACCESS ALONE. PRIOR TO THE VACATION. THE NEW EASEMENT BE POSTED "NO P~ THE CURB CUT ON DODGE STREET BE R MAXIMUM ALLOWED BY CITY ORDINA A TEN FOOT EASEMENT BE GRANTED T¢ PURPOSES AROUND THE PERIMETER OF THE LEGAL DESCRIPTION BE CHECKED VACATES SUCH EASEMENT AS MAY OI ADD A LANDSCAPE ISLAND ON THE NC DODGE STREET. COUNCILMEMBER FARBER SECONDED THE Request by Car.qill for Amendment to Co No. CU 00-10 Director of Planning Michele McPherson i amend their conditional use permit to cc shop space and office area. Michele reviewed the staff report on this Mayor Klinzing opened the public hearin matter, Mayor Klinzing closed the public COUNCILMEMBER THOMPSON MOVED T(~ REQUESTED BY CARGILL TO CONSTRUCT A SPACE AND OFFICE AREA WITH THE FOLLO 1. A LANDSCAPE PLAN APPROVED BY ST~ 165TM AVENUE COUNCILMEMBER DIETZ SECONDED THE M Page 15 iewed the background on the access in the Exhibit was incorrect. Klinzing closed the public hearing. ADOPT RESOLUTION 00-36 FOR ENTS, CASE NO. EV 00-2, WITH THE iD TO THE CITY THAT ENABLES THE SOUTH 25 FEET OF THE PROPERTY ,RKING/FIRE LANE." -'DUCED TO 30 FEET IN WIDTH, THE NCE. :) THE CITY FOR DRAINAGE AND UTILITY THE PROPERTY. ro ENSURE THAT THE DOCUMENT MAY NOT EXIST ON THE PROPERTY. IRTH SIDE OF PARKING LOT ADJACENT TO MOTION. THE MOTION CARRIED 5-0. nditional Use Permit, Public Hearin.q Case ndicated that Cargill has requested to nstruct a building to house a storage ssue. There being no one for or against the learing. APPROVE THE CONDITIONAL USE PERMIT BUILDING TO HOUSE A STORAGE SHOP ~NING CONDITION: ~FF PROVIDE ADDITIONAL TREES ALONG OTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes May 15~ 2000 6.12. 6.12. Request by Iraj Ezati for Easement Vacati Request by Iraj Ezati for Administrative Su Director of Planning Michele McPherson administrative subdivision to reconfigure 2, Brentwood Addition and an easemenl drainage and utility easements on Lots 5 Page 16 on, Public Hearing Case No. EV 00-3 ~division, Public Hearin.q Case No. AS 00-3 noted that Iraj Ezati is requesting an Ihe lot line separating Lots 5 and 6, Block vacation to vacate separate areas of and 6, Block 2, Brentwood Addition. Michele reviewed the staff report on these issues. Mayor Klinzing opened the public hearings. Mary Dodge, resident living on the corner of Irving and 198th, questioned how the split in the lot would affect the accesses from 199th and Irving. Michele clarified the access locations before and after the administrative subdivision. There being no further comments, Mayor Klinzing closed the public hearing. Councilmember Farber indicated that he does not agree that the surface water management fee should be collected as the city is not creating a new lot. COUNCILMEMBER FARBER MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY IRAJ EZATI TO RECONFIGURE THE LOT LINE SEPARATING LOTS 5 AND 6, BLOCK 2, BRENTWOOD ADDITION WITH THE STIPULATION THAT THE SURFACE WATER MANAGEMENT FEE IS NOT REQUIRED AND WITH THE FOLLOWING CONDITIONS: DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY, TEN FOOT INSIDE THE REAR AND SIDE PROPERTY LINES AND FIVE FOOT INSIDE THE SIDE PROPERTY LINES, FOR BOTH PARCELS PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. 2. SOIL BORING INFORMATION BE SUBMITTED PRIOR TO RECORDING THE SUBDIVISION WITH THE COUNTY. THE EASEMENT VACATION IS CONDITIONED UPON A THOROUGH REVIEW OF THE SITE BY STAFF. THE LEGAL DESCRIPTIONS OF THE AREA(S) TO BE VACATED SHALL BE DRAFTED BY CITY STAFF. 4. ALL COMMENTS FROM THE CITY ENGINEER BE ADDRESSED. AND TO ADOPT RESOLUTION 00-37 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 00-3. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Thompson opposed. 6.14. Request by Dra.qsten Properties for Preliminary Plat, Rollin.q Hills, Public Hearing Case No. P 00-6 Director of Planning Michele McPherson indicated that Rod Dragsten has requested a preliminary plat approval for a 30-lot cluster subdivision on 113.6 acres located in the area of 22638 Jarvis Street. She noted that the proposed subdivision is comprised of 30 single family lots and 3 outlots. Elk River City Council Minutes May 15, 2000 Page 17 Michele reviewed the staff report on this request. She noted that one issue of concern to the public related to the paving of Jarvis Street. Mayor Klinzing opened the public hearing. Mr. Westphal, 23450 Variolite, Burns Township, indicated that he is in favor of the development, but questioned whether the trail would be posted indicating that motorized vehicles would not be allowed. He further questioned who would be monitoring the situations and stated that he would prefer a land trust rather than a homeowners association. There being no further comments, Mayor Klinzing closed the public hearing. Councilmember Motin questioned whether the plat falls under the cluster ordinance and indicated his concern that the city is not receiving anything for the extra homes allowed on the property and that the 40 acres of open space is not very valuable to the city. Councilmember Motin expressed two additional concerns; 1.) that the distance of the development from the Urban Service Area may cause problems for the fire, street, and police department, and 2.) that starting development that far into the northeast corner of the city would encourage a leap frog effect with future developments. Mayor Klinzing indicated that not all cluster developments would be prime developments. She stated that she felt this one was marginal but did fall under the cluster ordinance regulations. Councilmember Dietz indicated that he also felt the development was very marginal in meeting the cluster development regulations especially due to the lack of quality of the land that is designated as open space. COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PRELIMINARY PLAT OF ROLLING HILLS AS REQUESTED BY RON DRAGSTEN WITH THE FOLLOWING CONDITIONS: THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE PRELIMINARY PLAT. 3. THAT A HOMEOWNER'S ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. THAT STREETLIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 5. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE PUBLIC IMPROVEMENTS. 6. THAT PARK DEDICATION BE PAID AT THE RATE REQUIRED BY THE CITY FOR 11 LOTS PRIOR TO RELEASING THE PLAT FOR RECORDING. Elk River City Council Minutes May 15~ 2000 Page 18 10. 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. THAT AN ACCESS EASEMENT BE GRANTED TO THE CITY OVER THE 40-ACRE SET ASIDE FOR TRAIL ACCESS SHOULD A REGIONAL RECREATIONAL FACILITY BE CREATED ON AN ADJACENT PARCEL. THAT 68.36 ACRES OF LAND BE PLACED IN A CONSERVATION EASEMENT TO BE HELD EITHER BY THE HOMEOWNER'S ASSOCIATION OR A QUALIFIED LAND TRUST. THAT 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 A ONE-YEAR PERIOD. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THAT THE CLEVELAND STREET EXTENSION BE PAVED TO THE NORTH PROPERTY LINE. THAT A GRADING AND EROSION CONTROL PLAN AND LIMITED DEVELOPMENT PLAN BE SUBMrI'rED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. THAT A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR RELEASING THE PLAT FOR RECORDING. THAT A LANDSCAPE PLAN BE SUBMITTED THAT SHOWS ONE STREET AND ONE YARD TREE PER LOT AND ADDITIONAL PLANTINGS ALONG THE PROPERTY LINES OF LOT 1, BLOCK 1, AND LOT 7, BLOCK 3. THAT ALL MAILBOXES IN THE DEVELOPMENT BE CLUSTERED. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PROTECTED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIPLINE TO PREVENT GRADING, COMPACTION OR STORAGE OF DEBRIS AND EQUIPMENT PRIOR TO COMMENCEMENT OF GRADING. THAT THE PRIMARY AND SECONDARY SEPTIC SITES BE PROTECTED WITH SNOW FENCE TO PREVENT GRADING, COMPACTION OR STORAGE OF DEBRIS AND EQUIPMENT PRIOR TO COMMENCEMENT OF GRADING. THAT AN ENDOWMENT TO THE CONSERVATION EASEMENT HOLDER BE PROVIDED WHERE THE PRINCIPLE WOULD GENERATE SUFFICIENT ANNUAL INTEREST TO COVER THE HOLDER'S YEARLY COSTS TO ENFORCE THE CONDITIONS OF THE EASEMENT. THAT THE APPLICANT IS REQUIRED TO SUBMIT A THEME, WHICH IS DEFINED AND DOCUMENTED, INCLUDING THE LOCATION OF SIDE-LOADED GARAGES AND FRONT PORCHES. THAT OWNERSHIP AND REMODELING OF THE BARN BE SPECIFICALLY DEFINED BY THE DEVELOPER. Elk River City Council Minutes May 15, 2000 Page 19 7.1. Sandra Peine City Clerk 21. THAT SIDEWALK AND TRAIL DETAILS BE PROVIDED, SHOWING A SIDEWALK TO CONNECT JARVlS TO THE TRAIL SYSTEM, AND ALSO SHOWING WHERE THE TRAIL WILL GO THROUGH THE LOWLANDS AND WHAT IT WILL LOOK LIKE. 22. STAFF AND THE DEVELOPER SHALL REACH AN AGREEMENT REGARDING THE DEVELOPER'S SHARE OF PAVING JARVlS STREET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Motin opposed. Construction Proiects Update 7.1a. Cul-de-Sac of County Road 13 City Engineer Terry Maurer updated the council on construction activities relating to east Elk River. He reviewed options for driveway exit/access on Tyler Street. Also discussed was the cul-de-sac plan for County Road 13. Other Business There was no other business. Adjournment There being no further business, Mayor Klinzing adjourned the meeting at 9:50 p.m.