07-06-1993 CC MIN - SPECIAL
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SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
TUESDAY, JULY 6, 1993
Members Present:
Vice Mayor Dietz, Councilmembers Scheel, Farber, and
Holmgren
Members Absent:
Mayor Duitsman
Staff Present:
Pat Klaers, City Administrator; Terry Maurer, City
Engineer; Stephen Rohlf, Building and Zoning
Administrator; Sandra Thackeray, City Clerk
Also Present:
Dave Anderson, Park and Recreation Commission
Representative
1. Call Meeting To Order
Pursuant to due call and notice thereof, the special meeting of the Elk
River City Council was called to order at 4:50 p.m. by Vice Mayor Dietz.
2.
Consider 7/6/93 City Council Agenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 7/6/93 CITY COUNCIL AGENDA
AS PRESENTED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
3.1. Final Plat Review of Cherryhill Bluffs Second Addition by Richard
Foster (Case No. P-93-02)
Steve Rohlf, Building and Zoning Administrator stated that Cherryhill
Bluffs Second Addition consists of 31 City sewer and water lots. The
developer of the plat is Richard Foster. Steve reviewed the staff
recommendations for the plat.
Discussion was held regarding water capacity for additional homes.
Terry Maurer indicated that the current water tower, with a booster,
will serve approximately 50 more homes in the area. Terry Maurer
further stated that the new water tower will be available for use in
June or July of 1994, which should be prior to 50 new housing starts.
Discussion was held regarding Lot 5, Block 1 not meeting
minimum requirement for lot frontage. Marly Glines stated
the lot does meet the exception requirements because there
in the street.
the 80 foot
that he felt
is a curve
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FINAL PLAT OF CHERRYHILL
BLUFFS SECOND ADDITION WITH THE FOLLOWING STIPULATIONS:
1.
THIS PLAT
ENGINEERS
PLAN.
IS CONTINGENT
PERMIT AND A
UPON
MNDOT
APPROVAL OF AN ARMY CORPS OF
PERMIT TO ACCOMPLISH THE DRAINAGE
Special City Council Minutes
July 6, 1993
Page 2
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2.
THE DEVELOPER CONSTRUCT A FENCE AND/OR BERM WITH TREES ALONG THE
HIGHWAY RIGHT-OF-WAY FOR NOISE ABATEMENT, DESIGN APPROVED BY CITY
STAFF.
3. THE DEVELOPER BE ALLOWED TO BURY TREES RESULTING FROM PUBLIC
IMPROVEMENTS WITHIN THE PLAT, BUT THE SITE TO BURY TREES IS
APPROVED BY STAFF AND PROTECTED BY A PERMANENT EASEMENT.
4. OUTLOT A SHOWN ON THE FINAL PLAT IS DEDICATED TO THE CITY.
5. A 20 FOOT WIDE DRAINAGE AND UTILITY EASEMENT BE DEDICATED ON THE
SOUTH LINE OF THE PLAT.
6. PRIOR TO RECORDING THE FINAL PLAT, A DEVELOPMENT PLAN IS APPROVED
BY CITY STAFF.
7. AN AMOUNT OF $12,000 BE PAID IN PARK DEDICATION FEES FOR THE 30
ADDITIONAL LOTS CREATED.
8. TREES REMOVED FOR CONSTRUCTION HAVE THEIR STUMPS REMOVED WITHIN 24
HOURS OF THE TREES BEING DROPPED, OR HAVE THEIR ROOTS SEVERED FROM
THE REMAINING TREES PRIOR TO FELLING. FURTHER, EXPOSED ROOTS BE
BURIED THE SAME DAY AS EXPOSED. TREES TO REMAIN ARE PROTECTED
FROM MECHANICAL DAMAGE BY ROPING OFF THEIR DRIP LINE.
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9.
THE COMPLETION DATE FOR THE IMPROVEMENTS IN THIS PLAT IS ONE YEAR
FROM THE FINAL PLAT APPROVAL.
10. PRIOR TO RECORDING THE PLAT, THE DEVELOPER SUPPLY THE CITY WITH A
LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE ESTIMATED COSTS OF
THE IMPROVEMENTS IN THE PLAT.
11. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL OF THIS PLAT.
12. THIS PLAT IS CONTINGENT UPON THE EXECUTED SALE OF THE CITY
PROPERTY TO THE DEVELOPER.
13. THE DRAINAGE AND UTILITY EASEMENT BETWEEN LOTS 5 AND 6, BLOCK 1,
IS INCREASED TO A TOTAL OF 20 FEET TO ACCOMMODATE STORM SEWER.
14. FREEPORT STREET, 190TH AVENUE, AND 1915T AVENUE, AS SHOWN ON THE
FINAL PLAT, BE CHANGED TO 190TH LANE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Steve Rohlf, Building and Zoning Administrator stated that he did not
agree with the Council's interpretation of Lot 5, Block 1, meeting the
exception to the 80 foot lot frontage requirement.
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3.2. Cherryhill Bluffs Second Addition Construction Bids
Terry Maurer informed the Council that the City received nine bids for
the Cherryhill Bluffs Second Addition improvements. The low bidder was
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Special City Council Minutes
July 6, 1993
Page 3
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LaTour Construction at $258,595.40.
Council award the bid to LaTour
plat concerns relating to Letter of
the plat being recorded.
Terry Maurer recommended that the
Construction following resolution of
Credit, Developers Agreement, and
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-32, A RESOLUTION
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF
CHERRYHILL BLUFFS SECOND ADDITION IMPROVEMENT OF 1993 CONTINGENT UPON
THE PLAT ISSUES BEING RESOLVED. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
3.3. Bid Award Mississippi Oaks
Terry Maurer stated that the City received eight bids for Mississippi
Oaks Phase I improvement. He indicated that the low bid was received
from LaTour Construction at $250,550.05. Terry Maurer recommended
authorizing the bid to LaTour Construction following resolution of the
plat issues being resolved including Letter of Credit, Developers
Agreement, and the plat being recorded.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-33, A RESOLUTION
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF
MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993, CONTINGENT UPON PLAT
ISSUES BEING RESOLVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
3.4. Park Dedication for the Plat of Mississippi Oaks
Dave Anderson, Park and Recreation Commission representative, indicated
that the Park and Recreation Commission recommended the dedication of a
20 foot wide trail corridor from the trail in the southeast corner of
the plat of Heritage Landing to the right-of-way of Riverview Drive in
Palmer's First Addition, with the trail to continue in future phases of
Mississippi Oaks from Riverview Drive east to the right-of-way of the
future Concord Street. Dave Anderson indicated that the Park and
Recreation Commission also recommended that one acre of the northern
portion of the floodplain included in the plat be dedicated as park in
a future phase and that Lots 1, 2, 3, and 4, Phase 2, be dedicated as
park during the first phase.
Gordon and Irv Moldenhauer both stated that they offered three lots,
Lots 1, 2, and 3, of Block 2, to the Park and Recreation Commission,
however, the Park and Recreation Commission requested four lots. He
stated that Lots 1, 2, and 3, equal at least an acre of land and the
fourth lot puts the amount well over one acre of land.
Councilmember
consideration
donated.
Scheel indicated
the portion of
that the Council should
the floodplain land which
take
is
into
being
Irv and Gordon Moldenhauer both indicated they are
dedicating Lot 4 of Block 2 as park property.
Opposed
to
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Special City Council Minutes
July 6, 1993
Page 4
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Councilmember Scheel informed the Council that she has a problem with
the amount of land the developers are required to give to the City.
COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE RECOMMENDATION MADE BY THE
PARK AND RECREATION COMMISSION REGARDING THE PARK DEDICATION FOR THE
PLAT OF MISSISSIPPI OAKS AS FOLLOWS:
TRAIL
1. A 20 FOOT WIDE TRAIL CORRIDOR FROM THE TRAIL IN THE SOUTHEAST
CORNER OR THE PLAT OF HERITAGE LANDING TO THE RIGHT-OF-WAY OF
RIVERVIEW DRIVE IN PALMERS FIRST ADDITION IS DEDICATED IN THE
FIRST PHASE OF MISSISSIPPI OAKS.
2. THIS TRAIL WILL CONTINUE IN FUTURE PHASES OF MISSISSIPPI OAKS VIA
A 20 FOOT WIDE TRAIL FROM RIVERVIEW DRIVE EASTWARD TO THE
RIGHT-OF-WAY OF THE FUTURE CONCORD STREET.
3. FROM THERE, THIS TRAIL WILL CONTINUE NORTHEASTERLY TO INTERSECT
COUNTY ROAD 30, CONSTRUCTED WITHIN A 70 FOOT WIDE RIGHT-OF-WAY
DEDICATED FOR CONCORD STREET IN FUTURE PHASES.
4. A 20 FOOT WIDE TRAIL EXTENSION FROM CONCORD STREET WOULD PASS
BETWEEN LOTS IN A FUTURE PHASE TO INTERSECT THE EASTERN BOUNDARY
OF THE MOLDENHAUER PROPERTY IN THE LOCATION OF THE NORTHERN
FLOODPLAIN AREA INCLUDED IN THE PLAT.
PARK
1. ONE ACRE OF THE NORTHERN PORTION OF THE FLOODPLAIN INCLUDED IN THE
PLAT BE DEDICATED AS PARK IN A FUTURE PHASE, IF A SEDIMENTATION
POND IS NOT SITUATED IN THIS LOCATION AND THE REST OF THE
FLOODPLAIN BEING PROTECTED BY THE DEVELOPER THROUGH A RESTRICTIVE
COVENANCE.
2. LOTS 1, 2, 3, AND 4, PHASE 2, AS IDENTIFIED ON THE PRELIMINARY
PLAT BE DEDICATED AS PARK DURING THE FIRST PHASE.
COUNCILMEMBER FARBER SECONDED THE MOTION.
Councilmember Scheel opposed.
THE MOTION CARRIED 3-1.
Steve Rohlf informed the developers that $2,386 in Park Dedication Fees
will be required for phase one in addition to the land dedication.
Councilmember Farber stated that he felt that 1.29 acres which is being
donated by the plat of Mississippi Oaks is a compromise from the
original request of 4 to 5 acres.
3.5. Discussion Regarding a Driveway in the Plat of Robinsdale
Steve Rohlf stated that during final plat review of the plat of
RObinsdale, the Council directed staff to research the issue of a
driveway for one of the lots accessing onto Meadowvale Road. He
indicated that the County Engineering department did not change their
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Special City Council Minutes
July 6, 1993
Page 5
requirement that the lot not access onto Meadowvale Road. He indicated
that staff recommends that the stipulation originally placed on the
plat requiring the driveway to access a city street remain as
originally approved by the City Council. He also stated that a
driveway from Lot 2 to Vale Road could be accomplished without the loss
of mature trees.
The City Council concurred with staff's recommendation.
4.1. Set Up License Chin Yuen Restaurant
COUNCILMEMBER SCHEEL MOVED TO APPROVE A SET UP
RESTAURANT. COUNCILMEMBER FARBER SECONDED
CARRIED 4-0.
LICENSE FOR
THE MOTION.
CHIN YUEN
THE MOTION
4.2. Temporary 3.2 Beer License Clear Lake Lion's
COUNCILMEMBER FARBER MOVED TO APPROVE A TEMPORARY 3.2% BEER LICENSE FOR
CLEAR LAKE LION'S TO SERVE NON-INTOXICATING MALT LIQUOR ON SALE AT THE
SHERBURNE COUNTY FAIR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
5. Adjournment
There being
THE MEETING.
CARRIED 4-0.
no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
The special meeting of the Elk River City Council adjourned at 5:40 p.m.
~~Ubmitted'
. Sandra Thackeray
City Clerk