03-03-1993 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
WEDNESDAY, MARCH 3, 1993
MEMBERS PRESENT:
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and
Holmgren (arrived at 5:40 p.m.)
MEMBERS ABSENT:
None
STAFF PRESENT:
Patrick Klaers, City Administrator; Steve Rohlf, Building
and Zoning Administrator; and Terry Maurer, City Engineer
ALSO PRESENT:
Denny Chuba, Mrs. Kincanon, Marilyn Van Patten-Chuba, and
Lynn Caswell
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River
City Council was called to order at 5:30 p.m. by Mayor Duitsman.
2.
Consider Final Plat for Heritage Landing
Building and Zoning Administrator, stephen Rohlf, indicated that the
City Council approved the preliminary plat for Heritage Landing in
January, 1993. At this meeting, the Council also approved a variance
for the length of a dead-end for 180th Avenue within this plat. The
Heritage Landing Plat consists of 76 single-family residential lots
with municipal sewer and water. Stephen reviewed his February 24,
1993, memo on this final plat. This memo reviews six issues associated
with this plat that the City Council needs to consider.
Discussion took place regarding the park dedication requirements for
this plat. It was noted that the developers will pay $400 per
residential lot for park dedication, but that the park dedication fee
should be reduced based on the fair market value for the land that is
being dedicated within this plat for the park and recreation trail
system. Extensive discussion took place on how the fair market price
should be determined for the land that is being dedicated to the City
for the trails. One suggestion was to take the actual purchase price
of the property as a basis for the fair market value for this land.
This seemed more appropriate than using the County Assessor's data as
the land is being developed for residential purposes but is being
assessed based on agricultural use and the agricultural use carries a
lower value at the County Assessor's office. A problem with using the
purchase price for this plat related to the trunk sewer and water
assessments. The purchase price excluded these costs and everyone was
in general agreement that the trunk sewer and water being made
available to this property increased the value of the land. The issue
was how to determine a fair market price for the property without
"forgiving" the trunk sewer and water assessments. The City Council
was concerned about establishing a park dedication policy that the City
would have to live with for future plats and the Council expressed a
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City Council Minutes
March 3, 1993
Page 2
need to have more information in order to establish a policy on how to
determine the value of park land that is dedicated to the City. The
resolution for approval of the final plat indicates that park
dedication fees will be paid for the 76 newly created lots minus the
dollar amount credited for land for trails in an amount to be
determined by the City Council. The City Council decided to wait until
a future meeting to determine the amount to be credited for the trail
land.
Stephen Rohlf reviewed issues raised by the developer relating to
up-front fees for the sealcoating and park dedication requirements and
the City requirement for a 100% Letter of Credit for the public
improvements. The Building and Zoning Administrator indicated that the
resolution reflects current City policy, but includes a phrase that
allows for an adjustment with this plat if the currently City policy is
changed before the time of recording the plat. The issue of up-front
fees and a 100% Letter of Credit are issues that relate to all City
development projects and plats and not only to the Heritage Landing
proposal.
The City Council indicated no problems or concerns with the location of
model homes within this plat and the timing of issuing building permits
for these model homes as outlined in the 2/24/93 memo. Stephen
indicated that the development plan would be required to be approved by
staff prior to the issuance of any building permits. Also, it was
indicated that the names of a few streets will be changed and that an
easement on the southern boundary of the plat will be required and
reflected on the final plat.
COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 93-07,
GRANTING FINAL PLAT APPROVAL TO HERITAGE LANDING.
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
A RESOLUTION
COUNCILMEMBER
3. Consider Feasibility Study for Heritage Landing
The City Engineer, Terry Maurer, reviewed the feasibility study for the
Heritage Landing proposal dated February, 1993. It was indicated that
the issue of providing sewer and water internally to this plat is
relatively simple, but that the other issue of how to get the water and
sewer to the plat is more complicated. In this regard, Terry indicated
that it is his recommendation that the most appropriate alignment for
providing sewer and water into this plat, from a purely engineering
point-of-view, is down Fresno Street. Regarding the utilities
alignment, Terry reviewed other options such as going down County Road
30 and going through the Lakoduk property. Water and sewer extensions
need to be made from the trunk system that is currently in the southern
part of the City Hall property. The council was in general agreement
that Fresno Street was the best alignment for the extension of
utilities to the Heritage Landing plat.
The City Council reviewed the options for the property owners along
Fresno Street in terms of what costs they would have to assume when
this project takes place. Three options are laid out in the 2/19/93
memo from the City Engineer on this issue. The options include: 1)
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City Council Minutes
March 3, 1993
Page 3
doing a complete public improvement project and assessing out all of
the improvements; 2) simply using Fresno as the alignment and patching
of the street after the improvements were installed with no
assessments; and 3) treating the property owners on Fresno in an
identical manner as the property owners along Orono Road whereby, in
1992 utilities were installed underneath the road and the road was
reconstructed and the property owners were assessed only for the street
and storm sewer improvements and are not assessed for the sewer and
water until they hook up to utilities. Discussion took place regarding
the cost of these improvements to the homeowners and whether or not the
project would allow for some "economies of scale" that would benefit
the entire neighborhood. The Council requested that staff hold a
neighborhood meeting for all of the property owners in the Orono Lake
3rd Addition to provide them information on the cost of public
improvements. The purpose of the neighborhood meeting is to get
feedback from the residents of this subdivision to determine if they
desire a public improvement project at this time.
Terry Maurer indicated that if assessments are going to take place for
the property owners throughout the neighborhood, or for only the
property owners along Fresno Street, then the City needs to begin the
429 public improvement assessment process. The City Council indicated
that they would make this determination following the neighborhood
meeting. If the neighborhood, in its entirety, would reject a public
improvement project, then the City would have to determine how to deal
with the property owners along Fresno as a separate issue.
Discussion took place regarding the need to loop the water system.
Terry Maurer indicated that as Mr. Moldenhauer develops his property,
that the water system would be looped back to the east along County
Road 30 to hook up to the connection at Orono Road and County Road 30.
Additionally, as development takes place to the west of this plat and
to the north of this plat, the water system would continue to be looped
in order ensure good water quality.
The City Engineer discussed the need to have access to County property
in order for this public improvement project to take place. This issue
will be discussed at the joint City Council/County Board meeting in
later March, 1993. At the very minimum, the City needs a
right-of-entry even if the amount of land to be purchased and the price
of this land cannot be determined at this joint meeting. The City
Administrator indicated that he has discussed this issue with the
County Coordinator and it was his general feeling that it would not be
a problem obtaining a right-of-entry from the County in order for this
project to move forward.
The City Engineer noted that as part of this project, Mr. Moldenhauer
would be assessed for lateral improvements. It was anticipated that
Mr. Moldenhauer would petition for these improvements and that the
lateral sewer and water would be aligned into a future street
associated with a plat for the Moldenhauer property. This plat has
been discussed at a staff/developer concept review meeting.
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city Council Minutes
March 3, 1993
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COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 93-08, A RESOLUTION
ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN
THE MATTER OF THE HERITAGE LANDING IMPROVEMENT OF 1993. COUNCI LMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
It was indicated that the resolution of ordering the feasibility study
for the Fresno Street improvements would be considered at a later date
following the neighborhood meeting. The Council requested that this
neighborhood meeting be held around the end of March, 1993.
4. Other Business
5. Adjournment
There being no further business, COUNCILMEMBER DIETZ MOVED TO ADJOURN
THE 3/3/93 CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION 5-0.
The special meeting of the Elk River City Council adjourned at approximately
6:57 p.m.
Respectfully submitted,
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Patrick D. Klaers
City Administrator