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6.5. SR 10-18-1999 rei ----'\) ( ); tli< Item #6.5. MEMORANDUM DATE: Mayor & City Council Pat Klaers, City Adm{~ \j October 18,1999 SUBJECT: Lafayette Woods 4th Addition - Park Dedication Requirement I understand that the Park and Recreation Commission reviewed the park dedication fee for Lafayette Woods 4th Addition at its meeting on October 13, 1999. It should be noted that Commissioners Dave and Dana Anderson were not in attendance at this meeting. I also understand that the commission recommended no change in the park dedication requirements for Lafayette Woods 4th Addition. . I have to indicate to the City Council that I disagree with this recommendation from the Park and Recreation Commission. Granted there has been some turnover on the commission, but I think that the commission has somewhat "forgotten" what it wanted from this project when it was originally submitted in late 1994 and early 1995. It seems clear from the attached May 10, 1995, minutes when the preliminary plat was reviewed, that the commission had a strong desire for Outlot A becoming public park property and that the commission was willing to reduce park dedication fees in an effort to obtain this Outlot. The developer did give the city Outlot A, not as part of the park dedication requirement and not as a conservation easement, but simply as an outlot to the city to use as it sees fit. In addition to giving the city Outlot A, the developer paid the park dedication fees that were in effect for Phase I, II, and III. Due to the dramatic increase in park dedication fees in early 1999 and due to the fact that Outlot A was given to the city, the developer has asked for a reduced park dedication fee for the remaining 38 lots that comprise 4th Addition. The request is to have park dedication fees equal to what was given to Trott Brook Farms on a negotiated basis, which is $900 per lot. This results in a $400 per lot reduction totaling a $15,200 savings. . I believe the developer has served the city well by giving Outlot A without it being applied toward park dedication fees and that his request should be granted. This October, the Park and Recreation Commission was concerned about setting a precedent, but I believe that this is truly an unusual situation and I am recommending that the developer's request be approved based mainly on Outlot A being given to the city and the May 10, 1995, Park and Recreation Commission motion on this issue. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 . . . Elk River Park and Recreation Commission Meeting Page 2 May 10, 1995 Commissioner Olson arrived at this time. (7:30 p.m.) 6a. 7. Lafayette Woods ,~ ," ......... Discussio~~as ,helcj regarding trails and s!dewalkS in this development. .~~~ ~,~ .. ::.;' ,.,~ ';"J~"; (l .., '.. '\! .... . '"j..' . '''!", . .'. ~- .. ~ .. .-.... ~ > COMMISSIONER DANA ANDERSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT IF 193RD AVENUE ALONG THE SOUTH SIDE OF THIS PLAT IS CLOSED TO ". VEHICULAR TRAFFIC IN T.HE FUTURE THAT THE RIGHT-OF-WAY BE MAINTAINED FOR USE AS A NON-MOTORIZED PATHWAY. COMMISSIONER DONAIS SECONDED THE MOTI~N.,: T~E ~O~~O:~.~~R~I~~r ~'-~~";~" . . .".. '.::' "::' . , .>). :.:::. . ,l' -', r~, . ." '-.' ,-'.' .".... ~-' ..' ~ ,.". ~,' ... t_ i' . ~:-~~'):..;~ ~. .', . . '" _. " .-:.0'" I.': .t '<! -,' ....., .. -, .' .... i' COMMISSIONER TUTTLE MOVED TO ASSUME THE POSITION AS STATED AT THE APRIL 12, 1995, PARK AND RECREATION COMMISSION MEETING REGARDING SIDEWALKS. COMMISSIONER DALEIDEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. ..., "..., ,-. :',,'-', '1...., ' . . ~l;; ~~; ;;.~) \"~A~,-< ... ,~.~.~ , .. " COMMISSIONER DALEIDEN MOVED THAT OUTLOT "A" SERVE AS PARK DEDICAtiON PROPERTY FOR THE PLAT UNLESS THE OWNER DONATES OUTLOT A AS A LAND CONSERVATION EASEMENT AND GIVES THE PROPERTY TO THE CITY AFTER THE EASEMENT IS GRANTED AT WHICH TIME STAFF SHOULD NEGOTIATE A REDUCED CASH PARK DEDICATION FEE. COMMISSIONER OLSON SECONDED THE MOTION. THE. MOTION CARRIED 6-0. Discussion of Park Proiects Used for Comm~nitv Service The Commission discussed recent community service projects and agreed that while the city encourages and appreciates these projects, there needs to be contact with the proper authority, planning, and coordinating construction and the long term maintenance. After a year or two, some of these projects become unsightly or fall into a state of disrepair. . Chair Anderson and staff will set down some guidelines and bring them back to the Commission f<;>r a review at a future meeting. 8. Discussion of Issues Reaardina Railroad Trail Crossina - County Road 1 Chair Anderson led the discussion on the upgrade of County Road 1 indicating that the proposed plan calls for a 72 foot wide roadway which will include four traffic lanes and 12 foot paved shoulders. The safety of a major trail crossing a major roadway and the expense of a foot bridge was discussed: - COMMISSIONER TUTTLE MOVED TO RECOMMEND THAT THE ROAD IMPROVEMENT PLANS INCLUDE AN UNDERGROUND PATHWAY FOR A SAFE PEDESTRIAN CROSSING ..~",N;.~'C~-:~~_'~'~~"-"'- .' .,._.---",.' n,,_ __ +, ~".~," .......',..."....._..".: ,.."...',._.,_._.__~"....~ ._:>-._,~ .:., ..,-,.......'0.':'"'.. -,.. -""'':0" __ ".. , . . . :..~ <'::.:,. ':'::.:,. :.: --<G>-- -:'=':~~, 1~ ! rll ---'\) ( ); tl}{ Item # 6. 5 . MEMORANDUM River TO The Mayor and City Council Stephen Wensman, Planner ,:;;:;J FROM: DATE: October 18, 1999 SUBJECT: Final Plat of Lafayette Woods Fourth Addition, Case No. P 99-11. Request Consider Resolution No. 99-_, granting final plat approval for Windsor Development's Lafayette Woods Fourth Addition. Location . The site, Outlot C, is located at the intersection of Upland Street NW and 193rd Lane in Lafayette Woods Second Addition and adjacent Cherrywood Hills Second Addition. Zonine/Land Use R1c (Single Family Residential) / MR (Medium Density Residential) Attachments . Location Map . Final Plat . Resolution No. 99-_ . Preliminary Plat . Park and Recreation Minutes, May 10, 1995 . City Council Minutes, March 25, 1996 . City Council Minutes, February 22, 1999 . City Council Minutes, March 1, 1999 Overview . On June 19, 1995, the City Council granted preliminary plat approval for Lafayette Woods, a 213 lot single-family residential subdivision with approximately 30 acres of land donated to the City as a charitable contribution. On March 25, 1996, the City Council granted final 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 CouncillP 99-11 October 18, 1999 Page 2 . approval for Lafayette Woods First Addition, a 75 lot single-family residential subdivision. On May 19,1997, the City Council granted final plat approval for Lafayette Woods Second Addition, a 51 lot single family residential subdivision. On March 1, 1999, the City Council granted final plat approval of Lafayette Woods Third Addition, a 37 lot single-family residential subdivision. Lafayette Woods Fourth Addition is the final phase of the development with 38 lots. With the final phase, Lafayette Woods consists of 201 single-family residential lots. This fourth phase of development differs slightly from the preliminary plat by the elimination of a small cul-de-sac and two lots. The cul-de-sac was displaced by a small NURP pond in the Southeast corner of the plat, near the 193rd Avenue Trail. Generally, the Fourth Addition conforms to the approved preliminary plat. Tree Preservation The areas proposed for Lafayette Woods Third Addition were rough graded in prior phases and will require no tree removal at this time. Lot Size . Lots 1-4 and 8, Block 2 do not conform to the minimum lot size requirements of 80 feet x 130 feet enacted in 1997. The Lafayette Woods Preliminary Plat was approved in 1995, prior to the minimum requirements. Drainaee. Gradine and Utilities The City Engineer has approved the development plans for this plat and there are no outstanding issues. Park Dedication History On March 25, 1996, the Council approved Lafayette Woods First Addition with 31 acres of donated land for parks and required park dedication fees of $550 per unit. A condition of the approval states: 17. PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. . On May 19,1997, the City Council granted final plat approval for Lafayette Woods Second Addition and required park dedication fees of $600 per unit. \ \elkriver \sys \shrdoc \planning \stevewen \ccmmo \p99-11b.doc Memo to Mayor and City CounciUP 99-11 October 18, 1999 Page 3 . On February 22, 1999, the Council passed Resolution 99-17 that increased residential park dedication fees from $650 per unit to $1,300 per unit. On that same evening, the Lafayette Third Addition Final Plat was postponed to the March 1, 1999, Council meeting. On March 1, 1999, the City Council approved Lafayette Woods Third Addition Final Plat with $650 per unit park dedication fees. The reason for the lower park fees was because the final plat was submitted prior to the fee Increases. At that time, the developer felt because of the unusual circumstances of having donated land for parks in the First Addition and having paid park dedication fees, he should be granted a $900 per unit park dedication fee for the 4th Addition (Same rate as Trott Brook Farms). The Council made no action regarding the 4th Addition at that time (See attached March 1, 1999, Minutes). By City Ordinance, park dedication fees are paid with the final plat and are based on the rate at the time of final plat . On October 11, 1999, staff recommended that to be consistent with City Ordinance and policy, the council should require amount of the park dedication fees be based on the rate at the time of final plat. This item was postponed to the October 18th Council meeting in order to have the Park and Recreation Commission consider the issue. Park and Recreation Recommendation On October 13, 1999, the Park and Recreation Commission considered the rate of park dedication that should be required for final plat of Lafayette Woods 4th Addition. The Commission determined that the rate should be $1,100 with a $200 trail fee per residential unit. The Commission felt that lowering the rate in this instance would set a precedent for a lower rate for future final plats. They also felt that the donated land in Lafayette Woods is poor land for park and recreation purposes due to wetland and steep slopes. A Park Commissioner will be in attendance on the October 18th to address any questions the Council might have. Recommendation Staff recommends that the City Council approve Resolution No. 99-_ granting final plat approval for Lafayette Woods Fourth Addition. . \ \elkriver \sys \shrdoc \planning\stevewen \ccmmo \p99-11 b.doc f . . ... - LOCATION - f I ;, j}\-, 'Iii" I'~~ i ':~,,,~. "'1 I 1.......- "%.:a.tUII CIIo~. ~ Go. . I .<..... I .d::l. ..' \}. , 1DDlf10. .. l~nll1"r; T' ~'~. , ' b, ~'~,ii\ ,',;t""\,~'f7.,,, ,~,,'a7:'~..I,)~;Aj ~~. .,i L;~~,'..T:l ~ ~, Im"~ ",' :~~ -'~'~ I ,. ~.tiR \,\/.' .) ; , ~' " ;-r.~~ ~ ~~.'" ! I - ~~ · · T ~r.~"',' p~.~:Sf ~ r:: ~ I A . ~ '~.~' :'c.:'o...:>'. '.:..t\/). ~/.... ~ ~ ,~,'" ..- . l' ~~.)o.". r......:....~'r~. .\.. ~. .:: ' '. .. \. " r- ..... 0 .. "-"" .. ~ _ \ \.' : , _"'-"; ~,~ h. ,. ,.... .L~ '~~-t' I _ r~T..li~'" ~I'~' ....... ~~::a --..:..~ ~ ~ : --' LI~ j: ~'~~~; ~ ! ~ . "'i:~ \\ I, =- V~ \-f ", "I'!'] 'J , j ~DV~ ~"~~i'P;51"IW.~ \\,' ~ ,.' -: ~~ "~" ~ I ...., ~' 'I tCO~D:--' , .. ' ........ . '" " .t""..... "--=--.-.. ~~'- I. . . \1 . . '. n.~ ~@im ~.- . 1DDJ1'IO~ !7""'''''''' I. \.~IIIIIII.l,.n "~,,. . ' , ,,' , .1 '~.:\!'L .1\; ,'-1., , p~~ iO" ... ~ ........ ~- ,,' ;" . W!IJ: ....-- , t . -JS, ... :v "', . . -- ~IU ~D .,,'. .....~. p.1IX ~ ,,~' :'ll ~ . 'b:~TI " LII't1'1 t= ~ "~ . I _ I ~''? ~ u-. S'\>" 9- ~ . ,''\ I '.......' ~' ..,~ . 6' 1= . I ~:".. ~~~~' . T . ; I- ....~.I. ~."I~.' ~~I'''~::;~ :~;~. i\j I....~.~" \) ,,~ ~ J - s}i., .............!~ ' V ': J~ I, . 1[l ,~ .{01/< ~), I ~ . eta HR I ~ ~ ~ -~_.... 1t!:=:1 ~81 '..: LAKE:,' ~_...~ "',; ~ ~~r mJ~' .~" ~ I,~~.(;b ~~~I,S;; 'i - ~. ORONO ffi Im!!I wm ' " '~11~~ ......" . - ~ ':'f' I - ~ I 1,:- '-~" . ii!l ,~ . ,~ ~ , ~.~ NV~ -~ ~ , \XY~'I ,.,(01' ~I\"- ~ 'r ~ " LOCA TION MAP N City of 'J1 II{ - River 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 CASE: P 99.11 ~ . . . RESOLUTION NO. 99 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Lafayette Woods Fourth Addition Case No. P 99-11 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 June 19, 1995; 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: 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms to all of its requirements. B. 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. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and Page 1 i siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. . D. 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. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. 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. . 4. 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. 5. 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 and duly seconded by Council Member following voted in favor of the Resolution: Member . The The following voted against the Resolution: The following were absent: . s: '\document'\resoluti'\reslaf4.doc Page 2 . . . WHEREUPON the resolution is adopted. Passed and adopted this 11 st day of October, 1999. STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER Stephanie Klinzing, Mayor CERTIFICATE 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 , 1999. WITNESS my hand officially as such Clerk and the corporate seal of the City this _ day of , 1999. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Sandra Peine, City Clerk The foregoing instrument was acknowledged before me this _ day of , 1999, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. s: \document \resoluti\reslaf4.doc Notary Public Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 1999, by Sandra Peine, City Clerk, City of Elk River, Minnesota. THIS INSTRUMENT WAS DRAFTED BY: GRAY, PLANT, MOOTY, MOOTY AND BENNETT PETER BECK 3400 CITY CENTER 33 SO SIXTH STREET MINNEAPOLIS MN 55402 s: \document \resoluti\reslaf4.doc Notary Public Page 4 . . . EXHIBIT B . 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND NECESSARY IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK. 5. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT AND PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. PARK DEDICATION FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT AND PRIOR TO RELEASING THE PLAT FOR . RECORDING. 7. A SEAL COATING FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT AND PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. STREET LIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION. 9. A GRADING, DRAINAGE AND EROSION CONTROL PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A WATER ACCESS CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 12. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, A DEVELOPMENT PLAN WILL NEED TO BE SUBMITTED AND APPROVED OUTLINING THE STYLE OF HOMES AND FINISHED FLOOR ELEVATIONS PRIOR TO THE ISSUANCE OF BUILDING PERMITS. . s: \document\resoluti\reslaf4.doc Page 6 Elk River Park and Recreation Commission Meeting Page 2 May 10, 1995 Commissioner Olson arrived at this time. (7:30 p.m.) . 6a. Lafavette Woods Discussion was held regarding trails ~nd sidewalkS in this development. C',t: ~r: .._" ~.2-i ,-,~ '1.~~~~ t' ... '.. .~ ~~~.... :,"~~: i: ? . ;"-~~...~'-"~ .~~: ~ . .~: .'~,..:. _. ',. :i~ ~~"."' -..... ~ COMMISSIONER DANA ANDERSON MOVED TO RECOMMEND'TO THE CITY COUNCIL THAT If 193RD AVENUE ALONG THE SOUTH SIDE Of THIS PLAT IS CLOSED TO . VEHICULAR TRAffiC IN T.HE fUTURE THAT THE RIGHT-Of-WAY BE MAINTAINED fOR USE AS A NON.MOTORIZED PATHWAY. COMMISSIONER DONAIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. . ., " '. '., " f' . . :. .. ""..- ....,:.:.. '\~.'1 t. :- :: ~...~~ .~ ~~. . .::.~ ~ \. ';"~/!" . "..:_.' _.: .." O! .~:-/".: .~.~:1~: COMMISSIONER DANA ANDERSON MOVED 'iO:CREATEANACCESS FROM RUSH DRIVE, IN THE AREA Of lOT 14, BLOCK 3, Of ABOUT 35 fEET IN WIDTH TO PROVIDE A TRAIL CORRIDOR TO THE RAILROAD TRAIL AND ON TO MEADOWVAlE SCHOOL COMMISSIONER DONAIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. ....l:~;.ti:'f..(l.:~;~;:.l.Y~<;i:...\ ";'.-' ,.." ........ . ',':' '::.:'.: -:. ,." ,r COMMISSIONER'DON'AIS MOVED THAfLOTS'3S'AND'39, BLOCK'4; BE SHORTENED ".:' SLIGHTLY SO THAT THE REAR lOT LINES DO~ NOT ENCROACH ON THE HIGH PROPERTY . WITHIN THE PARK.- COMMISSION'ER DALEIDEN SECONDED THE MOTION.' THE MOTION CARRIED 6-0.... . .. .., ; ;:.~?(.: s~~,;.rS.i:.~':..I.~. . ,;: ..~.'..:~:t.~~ :> :\i.....: ::'" .:';"">. i '. COMMISSIONER TUTTLE MOVED TO ASSUME THE POSITION AS STATED AT THE APRIL ..12, .1995, PARK AND RECREATION COMMISSION MEETING REGARDING SIDEWALKS. COMMISSIONER DALEIDEN SECONDED THE MOTION. ..THE MOTION CARRIED 6-0. .....'." .:.. " ....... .,"'~ ... .0' : '. ....; ,0,.,\ ~.../.'" .". . " .-.; .,,": ~\ ':-:-,:. ':: : , . -.".. . '. ;0' ~ . ". .'- . .'. ...... '. . ,. ' COMMISSIONER DALEIDEN MOVED THAT OUTLOT NA" SERVE AS PARK DEDICAl'ION PROPERTY fOR THE PLAT UNLESS THE OWNER DONATES OUTLOT A AS A LAND . CONSERVATION EASEMENT AND GIVES THE PROPERTY TO THE CITY AFTER THE EASEMENT IS GRANTED AT WHICH TIME STAff SHOULD NEGOTIATE A REDUCED CASH PARK DEDICATION fEE. COMMISSIONER OLSON SECONDED THE MOTION. THE. MOTION CARRIED 6-0. ..' ~ ;' .'-' .:',.". ~ ....~..~ 7. Discussion of Park Proiects Used for Comm~nitv Service The Commission discussed recent community service projects and agreed that while the city encourages and appreciates these projects, there needs to be contact with the proper authority, planning, and coordinating construction and the long term maintenance. After a year or two, some of these projects become unsightly or fall into a state of disrepair. . Chair Anderson and staff will set down some guidelines and bring them back to the Commission fqr a review at a future meeting. 8. Discussion of Issues Reaardina Railroad Trail Crossina - County Road 1 . Chair Anderson led the discussion on the upgrade of County Road 1 indicating that the proposed plan calls for a 72 foot wide roadway which will include four traffic lanes and 12 foot paved shoulders. The safety of a major trail crossing a major roadway and the expense of a foot bridge was discus~ed~ - COMMISSIONER TUTTLE MOVED TO RECOMMEND THAT THE ROAD IMPROVEMENT PLANS INCLUDE AN UNDERGROUND PATHWAY FOR A SAFE PEDESTRIAN CROSSING : ,.,.'-.~!,~ . . .-,- -;,..-..~ .~- - ..- "~:'." ..-...._~,.:..."..~.'-.'--'~_..._.-.- -:--.----: ~"-~'---:-'~-~'..' ..~-~..:.:.r; ::::. .. --...- . . . ..-.. -.'- ..,,' .____.,--........... .._'.... '.' .:,...._.~. ._;._..'..__._....___.-._~.-...~._,-.......-.--.-"- ;"'-,....._,....-.~~or:~~ '.T . . City Council Minutes March 25, 1996 Page 6 . 13. 14. 16. 17. 18. , . Councilmember Dietz indicated he opposed because he disagreed wit 'tem JJ. 6.4. Windsor Develooment Reauest for Final Plat (Lafavette Woods) Case No. P95-2 City Planner Steven Ach indicated that a request for final plat has been made for Lafayette Woods by Windsor Development. The original final plat consisted of 52 single family lots along with 7 outlots and is located west of Proctor Street and south of Ridgewood Addition. The current final plat now includes a total of 75 single family lots. Steven Ach reviewed the staff memo on this request. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-13 GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995, BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE DEVELOPMENT. . . 2. ,,\, . -" " . ; ,,--, . ~ -, . \.: . . - ~.. ~ ~.' .- - . '-',.,. . ", i :. ;;,:,...; t,. . ;.... . . . City Council Minutes March 25,1996 Page 8 , t' "~" .-: - _~ _.. ._._. ".0<.. . ,- .~. . . 16. " . '. FUTURE PHASES OF LAFAYETTE WOODS BE PREPARED IN ACCORDANCE ; ': ~,'~; ': WITH THE CONDITIONS OF PRELIMINARY PLAT APPROVAL.;; . .~, ..-..."../;:.,-.:.. ";"--"'-~. l"'~1...~.-~\_~t:,.. .,:::(".->.,f'."....,.t..;~.-:_.;.r:.. ~_ ",,__.;",-..', '1';. " ;,,:. ;17.~ ',' I PARK DEDICATION FEE BE PAID ON'APER 'lOT BASIS FOR EACH lOT IN THE .... ,.,....' FINAL PLAT. SUBSEQUENT PHASES WIl( ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL . . : .,.'.... ,', PLAT. THIS FEE Will NEED TO BE P.AID PRIOR TO RELEASING THE FINAL PLAT ,;. . '::"'.' FOR RECORDING..,J:....... . , .' ..' '-. ..: ;"~: ., . - ...... .'; ;~. '-.~ .'t,.-;,,_., ,;' .!' .;f:;~::ti~)r.;r: .'.~- ..:,",'" .: "';'~l ~~'''~ l. . 4 . ... .... - I -.~.. .. t .. .- . REVIEW OF THE POSSIBLE NEED FOR ASEC'URny FENCE BETWEEN THE '. PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE . ./';::;'E.. CITY COUNCil PRIOR TO FINAL PLAT APPROVAL OF THAT PHASE CLOSEST .TO RIDGEWOOD SUBDIVISION." . .,... ..... ". ,'''. .. "'. '.' .j ...." "~..'..,""'. ~:."""'" ,. # ..-;.~,'.!~...~.(...._....-~......;.:...,,;.;..~.....~......:......._-." ." . <1>...'..:..~..;:..."-";,....." ...."~ ~'._ ...... . :' 19.. APPROPRIATE EASEMENTS BE SHOWN ON FINAL PLAT TO COVER UTILITIES, ~,. ,./ ;., ~ \,' ....i ," . .. , ; ~ "., . ~# I". ...'. . :~.~,"'!...,:!:~ETlANDS,A~.D.DRAINAGE.AR;AS~.\r~:..; ," :." :-....'.lur;.' c'..' .; :;....., ""'.".4-i'i!..t""::'~..,r:4-.,_~/'~}~.I':\'''''').....l\...,'',",~l.t!. .;.1<..~..''\o,~~ .,f:.~ '~.\.'..-". ' ,,_:_....../ '\A ~",'.'~ - - '-,- ~',"'.;.. .I. ,-'.,': :;.:! "", ,_ ',7,"-; ;,....,......1" '...,.......-....;.., !"'."': ,:,....:"', .,." . -,,"of,., 'i....' '.: "~.-', ~ '.",~,_,\ .",'::" ."..~?qi~ 'r;C ~~~~l'g'p~~5.E.P.T.P.H~~!f/',~, ~ ~'Hf~I.Tf-BL.~ CON~~IBY!~~~ ~RO~ .~HE ,~J...!l t~~k'~!l't._~ ';*I~~" ::;:~\~:::~~:.r ..:~~OH>:).~: :=jlr,":~i.(l.:r_'.._'."\;:~:,:. -~:...,~, 5:,:,:>~:'~'~:Arlo\~:'~':" ,'d...)'~" 21. .. .THE DEVELOPER BE RESPONSIBLE FOR INSTALLING A SECONDARY ACCESS . .~I .....';:'FROM THE WEST END o.F THE FINAL PLAT TO COUN~ROAD NO.1 AT THE ."'! 't.. i" APPROPRIATE TIME AS DETERMINED BYTHECITY~ .'.:. . ..': ..'"." .", >~;~C~ .~._>,t~~u' ~-:.', ~'.il ",,:,1 :~:;:.r!...~<::~:~'.'LI. ,~:..,"_. '.q,' _.~_.'~,:_i.,,} -,.i,,_~' :r.J~'. ;:,":.. ".: ,:~..I' ; ,-.. "'COUNCILMEMB'ER SCH'EELsECONDED THE MOTION. THE MOTION CARRIED 5':0. OPEN MIKE No one appeared for this item. 5.4. Ice Arena Proiect Uodate and Miaht Ducks Grant (Round 21 Aoolication City Administrator Pat Klaers indicated that the bidding process for the ice arena is projected to move forward with bids being opened on April 23, and presented to the Council on April 29. He further indicated that the city plans to submit the Mighty Ducks grant application on April 5. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE RESUBMISSION OF THE MIGHT DUCKS GRANT APPLICATION FOR THE ICE ARENA PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. 5.5. Cess Prooertv Uodate City Administrator Pat Klaers updated the Council on the purchase of the Cass property. He indicated that the city owns 115 acres in the southwest comer of 165th A venue and Jarvis Street. The property will be used for recreation fields. sludge land and 6 marketable home sites. The City Administrator reviewed a concept of how the recreational fields could be developed. '. Elk River City Council Minutes February 22. 1999 Page 6 . Mayor Klinzing indicated that she would have supported the smaller project. wever she will not vote in favor of the large project e her concern r garding fu . g of the project. Resolution Establishina Park Dedication Fees for 1999 John Kuester, park and recreation commissioner, indicated that the Park and Recreation Commission is recommending the Council increase park dedication fees. He indicated that staff has researched park dedication fees in other cities and determined that Elk River park fees are not in line with surrounding communities. Commissioner Kuester noted that the Park and Recreation Commission feels their recommendation to increase the fees has been carefully thought through, is fair, and has been done in a strategic manner. John Kuester stated that people moving into the City want a park system to meet their needs. He further noted that land values have increased in Sherburne County by about 70 percent since the last time park dedication fees have been increased. . Councilmember Farber stated that he concurs the City needs to increase its park fees, however he questioned why there is no graduation in the increase. He indicated that he is concerned with the fairness of increasing the fees so drastically at one time. Councilmember Thompson noted that he feels the proposal is fair, however, he is also concerned about not phasing in the increase. He further noted his concern as to how this increase would impact developers currently in the platting process. Council member Dietz stated that Elk River is in demand and this is not the time to be concerned about increasing its fees. He noted that the increase in the park dedication fee is a step in the right direction so people can have the park system they expect to have for a City the size of Elk River. Council member Dietz questioned the reasoning and necessity of charging park dedication fees for industrial property. Councilmember Dietz further indicated that he would not be in favor of phasing in the increase. Council member Motin indicated that Elk River must be compared to neighboring metropolitan. He further indicated that he has concerns regarding industrial property paying pork dedication fees. He stated he would prefer to see plats that are in the planning stages be grandfathered-in some way so they are not stuck with the entire increase without having planned for the increase. r Homer Tompkins, developer of Trott Brook Farms, indicated that they are proposing to develop a park and to pay their park dedication up front and questioned how an increase at this time would affect his plat. . Elk River City Council Minutes Februarv 22.1999 Page 7 . Stoffel Reitsma, park and recreation commissioner, indicated that he feels the increase is necessary as the City will need new schools, trails, and parks. He further indicated that he did not feel the park dedication fee would affect the industrial or commercial businesses moving into the City. . COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-17 AMENDING THE PARK DEDICATION FEE FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT CONTINGENT UPON AMENDING THE FEE STRUCTURE AS FOLLOWS: IN THE EVENT A PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22,1999, AND THE FINAL PLAT IS APPROVED WITHIN ONE YEAR OF THAT DATE, THE RESIDENTIAL PARK DEDICATION FEE SHALL BE $900 AND NO TRAIL FEE SHALL APPLY. COUNCILMEMBER FARBER SECONDED THE MOTION. Discussion pursued regarding the definition of the one year time period. The city attorney suggested that the final plat be submitted within one year from the preliminary plat approval. COUNCILMEMBER MOTlN MOVED TO AMEND HIS MOTION TO STATE THAT THE RESIDENTIAL PARK FEE SHALL BE $900 AND NO TRAIL FEE SHALL APPLY PROVIDED THAT THE PRELIMINARY PLAT HAS BEEN APPROVED BY THE CITY COUNCIL ON OR BEFORE FEBRUARY 22, 1999, AND THE FINAL PLAT SUBMITTED WITHIN ONE YEAR FROM THE PRELIMINARY PLAT APPROVAL DATE. COUNCILMEMBER FARBER SECONDED THE. AMENDMENT. THE MOTION AS AMENDED CARRIED 3-2. Mayor Klinzing and Councilmember Dietz opposed. . onsider Transfer of Cable TV Franchise The . Clerk requested the Council to approve the tra fer of control and ownershl of Jones Intercable to Bresnan T elecomm Ications Company. She indicated tI1 the Sherburne/Wright Cable Com . sion is recommending approval of the transfer. COUNCILMEMBER FAR R MOVED TO ADOP ESOLUTION 99-18 CONDITIONALLY CONSENTING TO THE TRA FER OF CONT L OF AND CERTAIN OWNERSHIP INTEREST IN A CABLE TELEVISION FRA ISE TO MCAST CORPORATION AND ITS WHOLLY OWNED SUBSIDIARY, COMCAST B COMMUNICATIONS, INC. COUNCILMEMBER THOMPSON SECONDED THE MOTlO . THE MOTION CARRIED 5-0. COUNCllMEMBER MOTIN MOV TO ADO RESOLUTION 99-19 CONDITIONALLY CONSENTING TO THE TRANSf OF CONTROL AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FR CHISE TO BRESNAN ECOMMUNICATION COMPANY, LLC. COUNCILMEMBER RBER SECONDED THE MOT . THE MOTION CARRIED 5-0. 6.5b. nt Access Channel Guidelines COUNCllMEM R FARBER MOVED TO APPROVE A MISSION STATE T, PURPOSE, OBJECTIVES NO GUIDELINES FOR ELK RIVER GOVERNMENT ACCESS LE TV CHANNEL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTI CARRIED 5-0. . . . . t---\Atz.l-H-- '/ \~Dt~ e\~ CouNC-lL- 1v1.\ N VI€5> 4.2. Consider Final Plat for Lafavette Woods Addition Final Plat. Case No. 99-4 , ,,\ steve Wensman stated that the Council continuec;i this plat request to resolve a scn3ening issue between'Ridgewood and Lafayette Woods Third Addition. He . -, noted that a meeting with the developer, city staff and representatives of the - ':, Ridgewood Homeowners Association r,esulted in an agreement to a landscape ,'planwhich,~oul~,C?ddress the buffe~!'lg issue.~ ; ~ , /, ~. ,..;;. I, ....~.. ~.... l :, - , , .... " ~ '. '. ... '- - . .' ...,. .....' - "'..',' \.., . - ., "'~'..:_"" ,'.J.'-" ".'," .";"~ ," .... :'~-"'~"'" '.'-..." ".','''; ",'-,'.;; _". ::-':i ..;',:' ~- . ~ - . ,~" Ron Bastyr, developer of Lafayette Woods,' stated that he previously donated 31 ,,' acres for park land, which was over and above the park dedication fees that he also agreed to pay. He requested the Council to allow him to pay $650 per acre . for park dedication in lieu of the newly adopted park dedication fees. He further _ requested the Council to consider charging $900 per acre for park dedication for ;, the next phase'of the plat in consideration of the 31 acre donation. .a. I '..' .... .. I'," ,>' "..... .... ,.~ ...... ,.- ,-, . COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 99-21, GRANTING FINAL PLAT APPROVAL FOR LAFAYETTE WOODS 3RD ADDITION, CASE NO. P 99-4 WITH THE CONDITIONS LISTED IN THE STAFF'MEMO PLUS 'AN ADDITIONAL STIPULATION THAT $650 PER LOT BE CHARGED FOR PARK DEDICATION (REASON FOR $650 IS THAT THE :, FINAL PLAT WAS SUBMITTED PRIOR TO THE INCREASE IN PARK DEDICATION FEES). COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. '-:;_'~H""._~~I"i.;.";>'."~~r"""'\""'-~;"-~' ,Ji :",'.V.~ .;~~.,!t' '-:tj" :1~;';~;':.-~;'"';'t,;.~"~--'-"1 ~;~. ~~.i~".;.",;'.'._n_:",_~:.'''-~ !"","{ "';:? " ~: Councilrriember Dietl suggested that -d representative of the Park and , Recreation Corrimissiori:be present to explain the 3tacre donation when the next phase of the plat is proposed.' Mayor Klinzing stated that in the future, park land donations should be noted in writing so that the Council is fully informed of the situation. -" . , . . . . c[om S? . . 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