04-19-1993 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY, APRIL 19, 1993
Members Present:
Vice Mayor Dietz, Councilmembers Scheel, Holmgren, and
Farber
Members Absent:
Mayor Duitsman
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City
Clerk; Steve Rohlf, Building and Zoning Administrator;
Gary Schmitz, Recycling Coordinator; Peter Beck, City
Attorney; Terry Maurer, City Engineer
Also Present:
Mary Eberley, Planning Commission Representative
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 7:00 p.m by Vice Mayor Dietz.
2.
Consider 4/19/93 City Council Agenda
The following was added to the agenda:
5.2. Crop Day
9.1. Other Business/Councilmember Farber
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 4/19/93 CITY COUNCIL AS
AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
4-0.
3.1. Consider 4/5/93 City Council Minutes
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 4/5/93 CITY
MINUTES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
4-0.
COUNCIL
CARRIED
3.2. Consider
Minutes
4/12/93 Joint City Council/Park & Recreation Commission
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE
COUNCIL/PARK & RECREATION COMMISSION MINUTES.
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4/12/93 JOINT CITY
COUNCILMEMBER FARBER
3.3. Consider 4/13/93 Executive Session City Council Minutes
COUNCILMEMBER FARBER MOVED TO APPROVE THE 4/13/93 EXECUTIVE SESSION
CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
3.4. Consider 4/13/93 Special City Council Minutes
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City Council Minutes
April 19, 1993
Page 2
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 4/13/93 SPECIAL CITY COUNCIL
MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
4.
Open Mike
No one appeared for this item.
5.1. Utilities Commission Recommendation on Water Impact Fee
Jim Tralle, Utilities Commissioner, informed the Council that the City
Council and Elk River Utilities have been discussing the issue of
securing funds for future water expansion. He stated that the Elk
River Utilities have proposed funding methods and have requested a
joint meeting with the City Council to be held on May 3, to discuss
proposed funding for water expansion. Jim Tralle stated that the Elk
River Utilities have proposed a Water Impact Fee (WIF) of $300 per
residential lot, an increase in Water Access Charge (WAC) from 5% per
year until a maximum of $1,200 is reached, and to apply 20% of the cash
generated into a fund for future water needs. Jim Tralle further
stated that all developers with plats on tonight's agenda should be
made aware of the $300 WIF as this fee may affect all residential plats
during final platting.
COUNCILMEMBER HOLMGREN MOVED TO CALL A JOINT COUNCIL MEETING OF THE
CITY COUNCIL AND ELK RIVER UTILITIES ON MAY 3, 1993, AT THE ELK RIVER
CITY HALL FOR THE PURPOSE OF DISCUSSING ELK RIVER UTILITIES
RECOMMENDATION FOR FUNDING OF FUTURE WATER EXPANSION. COUNCILMEMBER
SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.2. Crop Days
Vice Mayor Dietz indicated that Union Church in Elk River is sponsoring
an Elk River area crop walk on Sunday, April 25, and will be donating
25% of the proceeds collected by sponsors to CAER.
COUNCILMEMBER SCHEEL MOVED THAT VICE MAYOR DIETZ PROCLAIM APRIL 25,
1993, AS CROP DAY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
6.1.' Consider Conditional Use Permit Request for Commercial Recreation by
Craig Otto
Steve Rohlf, Building and Zoning Administrator, stated that Craig Otto
has withdrawn his request for a conditional use permit.
6.2. Ordinance Amendment on the Length of Dead-end Roads
Steve Rohlf indicated that this issue was tabled at the March Planning
Commission meeting due to the length of the agenda. He stated that the
issue will be back to the Council following Planning Commission review
in May.
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City Council Minutes
April 19, 1993
Page 3
6.3. Ordinance Amendment for Temporary Structures in Light and Medium
Industrial Zones
Steve Rohlf stated that staff has been directed to review a draft
ordinance amendment which would allow temporary structures in light and
medium industrial zones. He stated this issue has been reviewed by the
Planning Commission.
Mary Eberley, Planning Commission Representative, stated that the
Planning Commission recommended that temporary structures be allowed in
industrial zones as a conditional use.
Vice Mayor Dietz opened the public hearing. There being no one for or
against the matter, the public hearing was closed.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 93-4, AN ORDINANCE
AMENDING SECTION 900.12, PERMITTED ACCESSORY AND CONDITIONAL USES BY
DISTRICT, SUBDIVISION 13(c), LIGHT INDUSTRIAL DISTRICT, AND SUBDIVISION
14(c), MEDIUM INDUSTRIAL DISTRICT. COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
6.4. Conditional Use Permit for a Temporary
Corporation/Public Hearing/Case# CU-93-06
Trailer
by
Tescom
Steve Rohlf stated that Tescom Corporation is requesting a conditional
use permit to temporarily locate a 12' x 60' trailer for a six month
period. The trailer will be used to house office personnel during
construction of a new facility. Steve Rohlf stated that the Planning
Commission reviewed this issue and recommended approval of the
conditional use request. He stated that following Planning Commission
review, Tescom requested the City Council to consider allowing them to
locate the trailer on the site prior to applying for a building permit.
Vice Mayor Dietz opened the public hearing. There being no one for or
against the matter, the public hearing was closed.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY TESCOM WHICH WOULD ALLOW THE PLACEMENT OF A TEMPORARY
TRAILER ON THEIR PROPERTY LOCATED AT 12616 INDUSTRIAL BOULEVARD WITH
THE FOLLOWING STIPULATIONS:
1. THE TRAILER BE REMOVED NO LATER THAN OCTOBER 31, 1993.
2. THE TRAILER MEET ALL APPLICABLE BUILDING CODE REGULATIONS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.5. Ordinance Amendment Request by John Weicht/Public Hearing
Steve Rohlf indicated that John Weicht is requesting the City to
consider an ordinance amendment which would allow non-colored metal
roofs when the pitch of those roofs is 1 to 12 or flatter. He stated
that Mr. Weicht feels that flat roofs do not need to be colored metal
because they cannot be seen from the ground. He further stated that
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City Council Minutes
April 19, 1993
Page 4
Mr. Weicht contends that the requirement of colored metal needlessly
increases the cost of construction.
steve Rohlf stated that the purpose for requiring non-colored metal
roofs is to avoid glare to adjacent properties.
Vice Mayor Dietz opened the public hearing.
John Weicht distributed some photos to the Council showing buildings
with non-colored metal roofs.
There being no comments from the public, Vice Mayor Dietz closed the
public hearing.
Mary Eberley, Planning Commission Representative, indicated that the
Planning Commission recommended approval subject to a sample product
being shown to the City Council.
COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ISSUE UNTIL THE NEXT CITY
COUNCIL MEETING TO BE HELD ON APRIL 29, SO THAT MR. WEICHT COULD BRING
IN A SAMPLE OF THE PRODUCT TO SHOW THE COUNCIL. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.6. Administrative Subdivision Request
Anderson/Public Hearing/Casel AS-93-02
by
and
Mrs. Leslie
Mr.
Steve Rohlf stated that Mr. and Mrs. Anderson are
subdivide a 17.9 acre parcel into three parcels. Steve
that park dedication has previously been paid on one of
therefore, staff is recommending that the Anderson's
additional lot.
requesting to
Rohlf stated
the lots and,
pay for one
Vice Mayor Dietz opened the public hearing.
Elaine Anderson, owner of the property, stated that a perc test has
been completed.
There being no further comments, Vice Mayor Dietz closed the public
hearing.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY MR. AND MRS. LESLIE ANDERSON TO SUBDIVIDE A 17.9 ACRE
PARCEL INTO THREE PARCELS WITH THE FOLLOWING STIPULATIONS:
1. THE APPLICANTS PAY $400- IN PARK DEDICATION FEES FOR THE ONE
ADDITIONAL LOT CREATED.
2. SEVENTEEN FEET OF ADDITIONAL RIGHT-OF-WAY ALONG COUNTY ROAD 32 BE
GRANTED BY EASEMENT TO THE COUNTY, IF REQUIRED.
3.
THE VACANT TWO LOTS RECEIVE DRIVEWAY PERMITS FROM THE COUNTY AND
DO PERC TESTS PRIOR TO BUILDING PERMIT ISSUANCE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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city Council Minutes
April 19, 1993
Page 5
6.7. preliminary Plat/Variance by David
Estates/Public Hearing/Casel P-93-03
Hill top
Woods
Gow
for
Steve Rohlf stated that Mr. Gow is requesting a preliminary plat for
Hilltop Woods Estates. He stated that Mr. Gow is proposing to create
six additional two and one-half acre lots from a 40 acre parcel. He
further stated that the lots being created are single family lots.
steve Rohlf indicated that Mr. Gow is also requesting a variance on the
maximum length of a dead-end road to construct a 1,235 foot road.
steve Rohlf reviewed the Planning Commission recommendations of the
preliminary plat.
Vice Mayor Dietz opened the public hearing.
Kathy Juenemann, 20633 Meadowvale Road, questioned the width of the
road. steve Rohlf informeq Ms. Juenemann that the road would be built
to City standards.
Discussion pursued regarding the fact that the plat is being built
adjacent to the property line of a gun club. Concerns of informing
future buyers of the adjacent gun club on notice were discussed.
Steve Rohlf stated that the Planning Commission reviewed the request
for a variance and recommended approval of the variance subject to
certain stipulations.
Mary Eberley, Planning Commission Representative, indicated that the
Planning Commission recommended approval of the plat, however, the
recommendation was not unanimous. She stated that she was the
dissenting vote as she felt there were too many unanswered questions
and that there were too many concerns regarding the intersection. She
further stated that the Planning Commission recommended approval of the
variance, however this was not a unanimous recommendation.
Discussion was held by the Council regarding the temporary cul-de-sac
proposed by Mr. Gow. Councilmember Farber questioned Mr. Gow as to how
temporary the easement would be. Paul Juenemann, 20633 Meadowvale
Road, stated that there is a 60' easement to the west which he owns.
He indicated that the easement is landlocked. He further stated that
he is not interested in paying for road improvements as he has no
intention of selling his property.
Kathy Juenemann stated she had concerns with the intersection of County
Road 32 and the road in the plat. She stated that it is difficult to
see in either direction and that it is located on a hill.
There being no further comments, Vice Mayor Dietz closed the public
hearing.
Councilmember Farber stated that he would be in favor of leaving the
proposed cul-de-sac as is and not to extend the cul-de-sac as no time
frame has been set for future expansion.
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City Council Minutes
April 19, 1993
Page 6
steve Rohlf indicated that the City Attorney did verify
easement for the proposed road in the plat was legitimate.
the Attorney was recommending against recording a document
in the plat that would put future owners on notice of the
existence.
that an
Further,
on the lots
gun clubs
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT OF HILLTOP
WOODS ESTATES REQUESTED BY DAVID GOW CREATING 7 TWO AND ONE-HALF ACRE
LOTS FROM A 40 ACRE PARCEL WITH THE FOLLOWING STIPULATIONS:
1. LOT 3, BLOCK 2, MEET THE CITY'S WIDTH REQUIREMENTS.
2. THE NORTHERN PORTION OF THE 40 ACRE SITE NOT CURRENTLY INCLUDED
WITHIN THE PLAT BOUNDARIES, IS MADE AN ADDITIONAL BUILDABLE LOT.
3. TERRY MAURER'S COMMENTS ARE INCORPORATED IN THE DESIGN OF THE ROAD
ASSOCIATED WITH THIS PLAT AND THAT MR. MAURER REVIEWS AND APPROVES
THE DESIGN OF THE STREETS AND INSPECTS THEM. FURTHER, THE ROAD
IN THIS PLAT IS NAMED VICTORIA DRIVE AND A CONSTRUCTION PERMIT IS
OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT TO HAVE 20STH
AVENUE CONNECT TO MEADOWVALE ROAD. LASTLY, THAT THE CITY ATTORNEY
VERIFY THE LEGITIMACY OF THE EASEMENT FROM MRS. COATES TO THE CITY.
4.
MR. MAURER'S COMMENTS REGARDING DRAINAGE ARE INCORPORATED IN THE
DESIGN OF THE STORM SEWER FOR THIS PLAT. THE DESIGN MUST BE
APPROVED BY MR. MAURER. THE DEVELOPER MUST PROVIDE DRAINAGE
CALCULATIONS TO SHOW THAT THE EASEMENT IN THE PLAT IS ADEQUATE IN
SIZE.
5. THE TREES REMOVED DURING CONSTRUCTION OF ROADS AND HOUSES HAVE
THEIR STUMPS REMOVED WITHIN 24 HOURS OR HAVE THEIR ROOTS SEVERED
FROM ADJACENT TREES PRIOR TO REMOVAL. ROOT SEVERING MUST BE DONE
TO THE DEPTH OF 5 FEET. FURTHER, EXPOSED ROOTS MUST BE BURIED THE
SAME DAY AS REMOVAL. THE DRIP LINE OF TREES REMAINING AFTER
CONSTRUCTION MUST BE ROPED OFF TO DEFINE AN AREA OF NO ACTIVITY TO
PROTECT THE TREES FROM MECHANICAL DAMAGE.
6. THE PARK AND RECREATION COMMISSION RECOMMENDED THAT CASH BE
COLLECTED FOR PARK DEDICATION. THIS FEE AMOUNTS TO $2,800 FOR THE
SEVEN NEWLY CREATED LOTS.
7. A DEVELOPMENT PLAN BASED ON SOIL BORINGS MUST BE APPROVED BY STAFF
PRIOR TO FINAL PLAT APPROVAL.
8. THAT THE PUBLIC IMPROVEMENTS ARE SECURED BY A 100% LETTER OF
CREDIT PRIOR TO RECORDING THE PLAT (OR WHATEVER PERCENTAGE IS CITY
POLICY) PLUS A WARRANTY BOND IN THE AMOUNT OF 25% OF THE COST OF
THE PUBLIC IMPROVEMENTS IS PROVIDED TO THE CITY FOR A 1 YEAR
PERIOD AFTER CITY ACCEPTANCE OF THE PUBLIC IMPROVEMENTS.
9.
THE IMPROVEMENTS IN THIS PLAT HAVE A COMPLETION DATE OF ONE YEAR
FROM THE DATE OF COUNCIL FINAL PLAT APPROVAL.
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City Council Minutes
April 19, 1993
Page 7
10. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
11. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE COST OF REVIEWING
THE PLAT PRIOR TO FINAL PLAT REVIEW.
12.
THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF
AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE
FOOT RIGHT-OF-WAY MUST BE SECURED BY TEMPORARY EASEMENTS
AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED.
LOT 4,
OF THE 60
THAT ARE
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO
LENGTH OF A DEAD END ROAD FOR THE
WITH THE FOLLOWING STIPULATIONS.
APPROVE THE VARIANCE ON THE MAXIMUM
PRELIMINARY PLAT OF HILLTOP WOODS
1. THE ROAD EASEMENTS FOR FUTURE ROADS SHOWN ON THE PRELIMINARY PLAT
ARE DEDICATED TO THE CITY.
2. A FULL DIAMETER CUL-DE-SAC IS CONSTRUCTED WITH TEMPORARY EASEMENTS
THAT ARE AUTOMATICALLY VACATED WHEN THE STREET IS EXTENDED.
3. THE ROAD IS EXTENDED TO THE NORTH LINE OF LOT 4 IN THE PLAT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.8. Preliminary Plat Review of Mississippi Oaks and Associated Conditional
Use Permit by Irv Moldenhauer/Public Hearing/Casel P-93-0S and CU-93-08
Steve Rohlf stated that Irv Moldenhauer is requesting preliminary plat
approval of Mississippi Oaks which contains 155 single family lots on
62 acres. He stated that the plat is proposed to be accomplished in
five phases with the first phase consisting of 37 lots. Steve Rohlf
reviewed the stipulations recommended by the Planning Commission.
Vice Mayor Dietz opened the public hearing.
Steve Rohlf stated that the Park & Recreation Commission recommended
the a 20' wide trail be dedicated from the south end of the trail in
Heritage Landing to the existing right-of-way of Riverview Drive. He
stated that the Commission also recommended that a two acre park be
dedicated in a location to be determined by the developer and that the
larger northern portion of the land that lies within the floodplain be
dedicated as park if the proposed sedimentation pond is not placed in
that location.
The Council discussed the need for a two acre park versus a one acre
park. It was the consensus that a one acre park would be more
conducive to a neighborhood park than a two or three acre park.
Gordon Moldenhauer
with land dedication.
the City from the
stated that the plat is being taken advantage of
He stated that he did not want to donate land to
upper portion of his plat, but would consider
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City Council Minutes
April 19, 1993
Page 8
donating land from the lower portion of the plat. He suggested that
the City consider taking land in the area of the sedimentation pond for
a park. He indicated that the land would serve as a beautiful park.
Irv Moldenhauer stated that the sedimentation pond could be in the same
area as the park.
Bob Turcotte, 18184 Albany, questioned
would do to his creek. Terry Maurer, City
sedimentation pond would have no effect
maintain the integrity of the water flow.
what the sedimentation
Engineer, stated that
on his creek, but would
pond
the
help
Steve Rohlf indicated that the connection of Riverview Drive with the
existing Riverview Drive in Palmer's Addition raised many comments by
the public at the Planning Commission meeting. He stated that staff is
recommending that Riverview Drive in the plat connect with Riverview
Drive in Palmer's Addition for the following reasons: traffic flow;
maintenance; school buses; emergency vehicles; and precedence for
extension of other temporary dead-ends. Steve Rohlf stated that the
residents of the area are requesting that the road not be extended
because of privacy, safety, and property values.
Mark Lucas, 13346 Riverview Drive, entered into the record a petition
showing opposition to the connection of Riverview Drive as a thru
street. Mr. Lucas stated there is a concern regarding the elimination
of the cul-de-sac as it has been in its present location for 25 years.
He further stated that there is a steep drop off at the end of
Riverview Drive which would require extensive grading to connect the
road to the Mississippi Oaks plat.
Gordon Moldenhauer indicated that the Council
height of the cul-de-sac and the number of trees
removed to connect Riverview Drive prior to making
should consider the
that would have to be
a decision.
Councilmember Holmgren stated that he is not comfortable with all of
the cul-de-sacs proposed in the plat. He stated that the traffic plan
would be smoother if the cul-de-sacs were eliminated. Gordon
Moldenhauer responded that the cul-de-sacs create more private
neighborhoods and break up the large masses of people.
Al Dahlin, 13340 Riverview Drive, indicated his opposition to the
removal of the cul-de-sac and the extension of Riverview Drive.
Rose Kopitzke, 13335 Riverview Drive, stated her opposition to the
removal of the cul-de-sac and the extension of Riverview Drive.
Rollie Barthel, 13240 Riverview Drive, stated that he likes his privacy
and did not wish to see the cul-de-sac removed. He further stated his
concern about how the elimination of the cul-de-sac would affect the
slopes of the surrounding driveways.
Tom McNair, 13328 Riverview Drive, stated his opposition to eliminating
the existing cul-de-sac. He stated that the bluff area naturally lends
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City Council Minutes
April 19, 1993
Page 9
itself to the cul-de-sac and feels traffic speeds will increase if the
cul-de-sac is eliminated and the road is extended.
Bob Danforth stated that he donated property to the City to create the
cul-de-sac several years ago.
Councilmember
cul-de-sac to
would probably
Holmgren questioned who would pay to upgrade the
City standards. The City Administrator stated that this
be a City responsibility.
There being no further comments, Vice Mayor Dietz closed the public
hearing.
Mary Eberley, Planning Commission Representative, stated that
Planning Commission recommended approval of the preliminary plat
several stipulations. She indicated the Planning Commission
recommended eliminating the cul-de-sac on Riverview Drive.
the
with
also
Irv Moldenhauer questioned who would pay for the extension of
Drive if the cul-de-sac is eliminated. Terry Maurer stated
would be an expense which would be paid by the developer.
Riverview
that this
Vice Mayor Dietz stated that he wanted to inform the citizens that the
elimination of the cul-de-sac does not relate to sewer and water coming
to that area. He stated that he is in favor of leaving the cul-de-sac
as it is and that the cul-de-sac be upgraded to City standards.
Councilmember Farber stated he would like to see some thought of
reducing the number of cul-de-sacs in the City as they create problems
for the public works department with plowing and also for the school
buses.
Councilmember
present time
put in and the
face the issue
Holmgren suggested not to hook up Riverview Drive at
due to the fact that the second phase was not going
decision would be left up to a future Council when
of sewer and water in Riverview Heights.
the
to be
they
COUNCILMEMBER DIETZ MOVED TO APPROVE PHASE I OF THE PRELIMINARY PLAT OF
MISSISSIPPI OAKS OF 155 SINGLE FAMILY LOTS WITH THE FOLLOWING
STIPULATIONS:
1. THAT THERE BE NO CONNECTION OF RlVERVIEW DRIVE TO THE EXISTING
RIVERVIEW DRIVE IN PALMER'S ADDITION AT THE PRESENT TIME.
2. PRELIMINARY PLAT IS VALID FOR ONE YEAR FROM THE DATE OF APPROVAL
UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL.
3. LOT SIZES AND WIDTHS ARE APPROPRIATELY ADJUSTED PRIOR TO SUBMITTAL
OF FINAL PLAT.
4.
THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER,
WATER, AND STORM DRAINAGE.
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City Council Minutes
April 19, 1993
Page 10
5.
A 20' WIDE TRAIL MUST BE DEDICATED FROM THE SOUTH END OF THE TRAIL
IN HERITAGE LANDING TO THE EXISTING RIGHT-OF-WAY OF RIVERVIEW
DRIVE AND TO THE DISCONNECTED RIVERVIEW DRIVE IN THE PLAT. FROM
THERE, 70 FEET OF RIGHT-OF-WAY IS REQUIRED TO BRING A TRAIL NORTH
THROUGH THE PLAT TO COUNTY ROAD 30. ALSO, A 20' WIDE TRAIL IS TO
BE DEDICATED FROM RIVERVIEW DRIVE TO THE EAST PLAT LINE. FURTHER,
THAT A 1 ACRE PARK BE DEDICATED IN A LOCATION DETERMINED BY THE
DEVELOPER IN THE PLAT, BUT NOT BY THE SEDIMENTATION POND. LASTLY,
THAT ANY REMAINING PARK DEDICATION WOULD BE IN THE FORM OF CASH.
6. SPECIFIC TREE PROTECTION CONDITIONS ARE PLACED ON FINAL PLAT
APPROVAL OF EACH PHASE.
7. ROAD NAMES ARE CHANGED AS IDENTIFIED IN STAFF'S MEMO TO THE
PLANNING COMMISSION DATED MARCH 18, 1993.
8. LOT LINES ARE ADJUSTED BETWEEN CUL-DE-SACS, IF NECESSARY, TO
PROVIDE FOR LOOPING OF WATER LINES.
9. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT
APPROVAL.
10. THAT THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH;
MPCA; NPDES; DNR; COUNTY ENGINEERING; AND CORPS OF ENGINEER, IF
NECESSARY.
11. THAT 17' OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY
ALONG COUNTY ROAD 30.
12. PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES
TO THE EXCEPTION SHOWN IN THE NORTHWEST CORNER OF THE PLAT.
13. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
14.
A LETTER OF CREDIT
IMPROVEMENTS IS
RECORDING THE PLAT
BY CITY POLICY).
IN THE AMOUNT OF 100% OF THE COST OF THE
PROVIDED TO THE CITY BY THE DEVELOPER PRIOR TO
(OR WHATEVER PERCENTAGE IS REQUIRED AT THE TIME
15. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR
FROM THE DATE OF FINAL PLAT APPROVAL.
16. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF
REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW.
17. THAT THIS PLAT IS CONTINGENT UPON A CONDITIONAL USE PERMIT FOR THE
SEDIMENTATION POND.
18.
A 40' EASEMENT BE OBTAINED FROM THE END OF THE
MISSISSIPPI OAKS TO ABUT THE WESTERN PROPERTY
RIVERVIEW DRIVE BE RENAMED TO CONCORD STREET.
CUL-DE-SAC IN
LINE AND THAT
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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City Council Minutes
April 19, 1993
Page 11
The Council recessed at 9:35 p.m. and reconvened at 9:48 p.m.
Conditional Use Permit for Sedimentation Pond
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO
CREATE A SEDIMENTATION POND TO AID IN WATER PURIFICATION AND STORM
WATER RETENTION WITH THE FOLLOWING STIPULATIONS:
1. THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY, IF REQUIRED
BY THE DNR OR ARMY CORPS OF ENGINEERS.
2. THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF
THE ADJACENT BACKWATER OR APPROPRIATE PERMITS ARE ACQUIRED FROM
THE ARMY CORPS OF ENGINEERS OR DNR.
3. THE SIDE SLOPES OF THE SEDIMENTATION POND MEET CITY STANDARDS FOR
SAFETY REASONS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.9. Petition for Feasibility Study/Mississippi Oaks
Terry Maurer, City Engineer, stated that Irv Moldenhauer has signed a
petition requesting sanitary sewer, water, storm drainage, and street
improvements for the first phase of his proposed Mississippi Oaks
Addition.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-15, A RESOLUTION
DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE MISSISSIPPI OAKS
PHASE I IMPROVEMENT OF 1993 CONTINGENT ON THE DEVELOPER ESCROWING THE
COST OF THE STUDY WITH THE CITY. COUNCILMEMBER SCHEEL SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
6.10. Preliminary Plat/Variance for Meadowvale Heights/Dennis
Backes/Public Hearing/Case' P-03-04
Steve Rohlf stated that Dennis Backes, developer, and Mrs. Virginia
Barnier, property owner, are requesting preliminary plat approval of
Meadowvale Heights which is a 113 single family lot plat. He stated
that the plat will be completed in two phases and that the developer is
requesting approval of phase one. He further stated that the developer
is also requesting a variance on the length of a dead-end road
associated with the plat.
Vice Mayor Dietz opened the public hearing.
Steve Rohlf reviewed the stipulations recommended by the Planning
Commission.
Jeff Shopek, Civil
compromise to the
neighborhood park
stated that the one
Engineer representing the developer, suggested a
City's request for the one and one-half acre
and the pond area that the City is requesting. He
and one-half acre neighborhood park is too large
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City Council Minutes
April 19, 1993
Page 12
and suggested a 1.2 acre park in the center of the plat. The Council
discussed this matter and decided that a 1.2 acre park in the center of
the plat would be appropriate as opposed to a one and one-half acre
park to the north end of the plat.
Mary Eberley stated that the Planning Commission recommended approval
of the preliminary plat.
Bill Campbell, 19675 Elk Lake Road, stated his concerns about the
trails proposed in the plat. He indicated that the developer has
proposed to run a trail along his property line.
Councilmember Holmgren stated that this may be unnecessary as there are
already trails on property near the plat located in Woodland Trails
park.
Mr. Nord questioned the need for the trails and also questioned the
need for the park on the northern border of the proposed plat.
Vice Mayor Dietz stated that he feels the neighborhood park should be
some other place other than underneath power lines.
Councilmember Holmgren stated that there are recreational facilities
available across the road and feels the area has enough recreational
opportunities.
Councilmember Scheel suggested eliminating the park and requiring Park
Dedication Fees in lieu of the park.
Mr. Nord indicated his concern regarding traffic and stated he would
like to see county Road 1 signed.
There being no further comments, Vice Mayor Dietz closed the public
hearing.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY
MEADOWVALE HEIGHTS WITH THE FOLLOWING STIPULATIONS:
PLAT
OF
1. FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE DATE OF CITY
COUNCIL PRELIMINARY PLAT APPROVAL, UNLESS AN EXTENSION IS GRANTED
BY THE CITY COUNCIL.
2. IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY MUST A)
DELINEATE THE WETLANDS ACCURATELY; B) PROVIDE JOINT NOTIFICATION
TO THE REQUIRED STATE AGENCIES AND GAIN THEIR APPROVAL; C) GAIN
THE APPROVAL OF THE TECHNICAL EVALUATION PANEL; AND D) MITIGATE
THE FILLED WETLANDS AT A RATIO OF AN ACRE PER ACRE
3. APPROVALS MUST BE RECEIVED FROM THE DEPARTMENT OF HEALTH, MPCA,
NPDES, DNR, AND THE SHERBURNE COUNTY ENGINEERING DEPARTMENT.
4.
THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE DITCH WITHIN
THE PLAT AND THE DRAINAGE PLAN FOR THE PLAT INCORPORATES COUNTY
.
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City Council Minutes
April 19, 1993
Page 13
COMMENTS REGARDING THE AFFECTS OF PLAT DRAINAGE ON THE COUNTY
DITCH SYSTEM.
5. THE DEVELOPER PROVIDES THE DRAINAGE CALCULATIONS.
6. THE CITY ENGINEER MUST REVIEW THE DRAINAGE CALCULATIONS TO
DETERMINE THE DOWNSTREAM IMPACTS.
7. THE COUNTY, WITH THE BENEFIT OF THE CITY ENGINEER'S REVIEW,
APPROVES THE DRAINAGE PLAN PRIOR TO FINAL PLAT APPROVAL.
8. THE DEVELOPER WORKS WITH THE COUNTY REGARDING A REDISTRIBUTION OF
FUTURE DITCH ASSESSMENTS ONTO THE INDIVIDUAL LOTS IN THE PLAT
PRIOR TO RECORDING IT.
9. THE DEVELOPER IS RESPONSIBLE FOR WHATEVER IMPROVEMENTS ARE NEEDED
FOR THE DITCH SYSTEM TO HANDLE THE DRAINAGE FROM THE PLAT.
10. THE DEVELOPER GRANTS THE COUNTY RIGHTS (IN A FORM DETERMINED BY
THE COUNTY) TO THE DITCH IN THE SOUTHEAST CORNER OF THE PLAT
(DITCH 31) PRIOR TO RECORDING.
11.
THE ISSUE
ACCORDING
PLAT.
OF
TO
OWNERSHIP OF
ESTABLISHED
WETLANDS WITHIN THE PLAT RESOLVED
CITY POLICIES PRIOR TO ACTING ON FINAL
12.
A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT.
13. THE SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE AT THE SAME
TIME AS THE ROAD GRADING, BY THE DEVELOPER, AND NOT LEFT TO FUTURE
HOME BUILDERS TO ACCOMPLISH.
14. LOTS ABUTTING MEADOWVALE ROAD BE INCREASED TO 135 FEET IN WIDTH.
15. THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY IS LABELED AN
OUTLOT.
16. THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER THE MARCH 19,
1993, PLANNING COMMISSION MEMO.
17. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION FOR THE
CONSTRUCTION OF A ROAD WITHIN THEIR EASEMENT PRIOR TO FINAL PLAT
APPROVAL.
18. A TRAIL SYSTEM SHOULD RUN FROM THE SOUTHWEST CORNER OF THE PLAT TO
THE INTERSECTION OF MEADOWVALE ROAD AND 193RD AVENUE.
19. ANY REMAINING PARK DEDICATION WOULD BE IN THE FORM OF CASH.
20. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES INTERNAL TO
THE PLAT. FURTHER, THAT THE CITY ENGINEER REVIEWS AND APPROVES
ALL OTHER PLANS ASSOCIATED WITH THIS PLAT, WHICH INCLUDE GRADING,
DRAINAGE, AND STREETS.
.
.
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city Council Minutes
April 19, 1993
Page 14
21. ELGIN STREET ON THE NORTH END OF THE PLAT IS PROVIDED WITH A FULL
SIZE CUL-DE-SAC (WITH TEMPORARY EASEMENTS OUTSIDE OF THE 60 FOOT
RIGHT-OF-WAY, THAT WILL AUTOMATICALLY BE VACATED WHEN THE ROAD IS
EXTENDED).
22. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING APPROVED FOR THE
MAXIMUM LENGTH OF A DEAD-END ROAD.
23. IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN 1 YEAR
FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
24. PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE CITY WITH A LETTER
OF CREDIT FOR 100% OF ESTIMATED COSTS OF THE IMPROVEMENTS WITHIN
THE PLAT, INCLUDING THE COST OF WETLAND MITIGATION (OR WHATEVER
PERCENTAGE IS CITY POLICY AT THE TIME OF RECORDING). IN ADDITION,
A 25% WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR PERIOD FOLLOWING
CITY ACCEPTANCE OF IMPROVEMENTS IN THE PLAT.
25. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE AGREED TO
THROUGH A DEVELOPERS AGREEMENT PRIOR TO RECORDING THE PLAT.
26. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS
PLAT PRIOR TO FINAL PLAT REVIEW.
27. THE SIDE SETBACK IS 10 FEET.
28. LOT 28, BLOCK 4A, LOT 6, BLOCK 2A, AND LOT 23, BLOCK 1B, ARE
QUESTIONABLE FOR PLACING A HOUSE ON THEM WITH THE REVISED LAYOUT
OF THE LOTS.
29. AN ARMY CORPS OF ENGINEERS PERMIT IS NECESSARY FOR CROSSING THE
DITCH.
COUNCILMEMBER FARBER SECONDED THE MOTION.
Councilmember Holmgren stated that the Council decision to eliminate
the recommended neighborhood park was based on the Master Park Plan not
recognizing the high priority of neighborhoods parks and because of the
close proximity of neighborhood schools which provide recreational
opportunities.
THE MOTION CARRIED 4-0.
VICE MAYOR DIETZ MOVED TO APPROVE THE VARIANCE TO THE LENGTH OF A
DEAD-END ROAD FOR ELGIN COURT AND ELGIN DRIVE. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.11. Accept Feasibility Study and Authorize Plans and Specs for
County Road 1 Trunk Extension
Terry Maurer stated that the feasibility study was initiated by a
petition from Mrs. Virginia Barnier, owner and developer of Meadowvale
Heights. The area proposed for development is located west of
Meadowvale Road and the feasibility study was conducted to determine
.
.
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City Council Minutes
April 19, 1993
page 15
the feasibility of extending City sanitary sewer and water main to
serve the Meadowvale Heights development and the Nord property
immediately to the north. Terry Maurer stated that in order to
eliminate the public hearing requirement, the Nords would have to waive
their rights to a public hearing. He indicated that the Nords have
indicated that they would waive their rights to the public hearing. He
further stated that the project requires acquisition of a utility
easement from the Nords and recommended negotiating a deferral of the
Nord lateral assessment in exchange for the necessary easements.
COUNCILMEMBER FARBER MOVED TO DIRECT THE CITY ENGINEER TO NEGOTIATE
WITH THE NORDS FOR THE EASEMENT AND TO ADOPT RESOLUTION 93-16, A
RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE
MATTER OF THE TRUNK SANITARY SEWER AND WATER IMPROVEMENT FOR THE AREA
WEST OF COUNTY ROAD 1. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
6.12. Preliminary Plat/Variance for Richard Foster Cherryhill Bluffs
2nd Addition
Steve Rohlf stated that Richard Foster is requesting preliminary plat
approval for the plat of Cherryhill Bluffs 2nd Addition which consists
of 52 single family lots proposed with City sewer and water on
approximately 26 acres. Mr. Foster is also requesting variances on the
maximum length of dead-end roads for both roads associated with the
plat. Steve Rohlf indicated that the Planning Commission reviewed the
plat and recommended denial based on ownership of property and lack of
water capacity to serve the plat. He stated that MnDOT owns a 65 foot
wide strip of right-of-way which affects Lots 1 through 5 of Block 4 of
the proposed plat.
COUNCILMEMBER SCHEEL MOVED TO DIRECT THE CITY ENGINEER TO APPROACH
MNDOT TO DISCUSS THE PURCHASE OF THE 65 FOOT WIDE STRIP OF RIGHT-OF-WAY
WHICH AFFECTS LOTS 1 THROUGH 5 OF BLOCK 4 OF THE PROPOSED PLAT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4~0.
Councilmember Holmgren indicated his concern regarding the price of the
property. He stated that if MnDOT asks more than $1,000 for the
property, the issue should be brought back to the City Council.
Steve Rohlf stated that the City lacks the water capacity through the
booster pump located in Deerfield 3rd to serve the plat. He indicated
that Mr. Foster is proposing that he be allowed a total of 50 building
permits between Hillside Estates and Cherryhill Bluffs 1st and 2nd
Additions once the water tower has been ordered. Peter Beck, City
Attorney, discussed the potential problems that could be created by
trying to limit house starts to 50 prior to the construction of the
water tower. He stated it may be a problem to enforce the number of
building permits against the third party or subsequent purchaser.
Councilmember Scheel voiced her concern regarding the fact that
development is at a stand still until the water tower is ordered.
The Council discussed the variance request
dead-end road. Steve Rohlf stated that
to
the
the length of the
Planning Commission
.
.
.
City Council Minutes
April 19, 1993
Page 16
recommended approval of the variance for Evans Avenue, but recommended
denial for the variance for Freeport. He indicated that a revised plat
drawing would be presented to the Council at a later date. He
indicated that he is recommending that the preliminary plat be referred
back to the Planning Commission for review due to the proposed design
changes in the plat.
Discussion continued regarding the proposed water tower to serve the
area. The City Administrator indicated that the Utilities Commission
took no action on the bids for the water tower, therefore, the bid has
not been awarded. Councilmember Dietz stated that the City Council
should strongly recommend that the Utilities take action to award the
bid for the water tower.
COUNCILMEMBER DIETZ MOVED TO REFER THIS ISSUE BACK TO
COMMISSION TO BE REVIEWED AT THEIR APRIL 27 MEETING AND
BE BROUGHT BACK TO THE CITY COUNCIL ON MAY 3, 1993.
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
THE PLANNING
THAT THE ISSUE
COUNCILMEMBER
6.13. Cherryhill Bluffs 2nd Addition Feasibility Study
Terry Maurer, City
petition requesting a
storm drainage and
Maurer stated that it
until preliminary plat
Engineer, stated that Mr. Rick Foster has signed a
feasibility study to analyze City utilities,
streets in Cherryhill Bluffs 2nd Addition. Terry
may not be appropriate to order the feasibility
is approved by the Council.
COUNCILMEMBER FARBER MOVED TO ALLOW THE FEASIBILITY TO PROCEED. AT THE
DEVELOPER'S RISK. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
6.14. Approval of Plans and Authorization of Bids for Heritage Landing
Terry Maurer, City Engineer, stated that plans and specifications for
Heritage Landing improvements have been completed. Terry Maurer noted
that if the City Council wishes to assess the properties along Fresno
Street and Orono Lake 3rd Addition for new street and storm drainage,
an amendment to the Heritage Landing feasibility study must be
ordered. He further stated that a public hearing for these proposed
improvements must be held prior to awarding a contract to undertake the
work according to Minnesota Statutes 429.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-17, A RESOLUTION
ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE FRESNO
STREET IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-18, A RESOLUTION
ORDERING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT
FOR BIDS IN THE MATTER OF THE HERITAGE LANDING IMPROVEMENT OF 1993.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO
CALLING FOR A PUBLIC HEARING THE MATTER
PREPARE
OF THE
A RESOLUTION
FRESNO STREET
.
.
.
City Council Minutes
April 19, 1993
Page 17
IMPROVEMENT ON MAY 17, 1993.
MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER FARBER SECONDED THE
7.1. Discussion on Code of Ethics Conflict of Interest Policy
It was the consensus of the Council to postpone this item until the
Legislature has adjourned.
7.2. Consider Request for SCORE Funds
Gary Schmitz, Environmental Officer, reviewed the SCORE Funding
proposal which included requesting of funds for appliance recycling,
Christmas tree shredding, spring leaf collection, used oil collection,
recycling of corrugated cardboard, a compost site, and business
recycling. Gary Schmitz requested questions or other suggestions from
the Council regarding recycling programs. The Council had nothing to
add to the proposal.
COUNCILMEMBER HOLMGREN MOVED
SUBMITTED BY GARY SCHMITZ.
THE MOTION CARRIED 4-0.
TO ACCEPT THE SCORE FUND PROPOSAL
COUNCILMEMBER FARBER SECONDED THE MOTION.
8.
Check Register
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
9.
Other Business
The City Administrator
requesting to go out for
Department.
informed the
bids for an
Council that the Fire Chief is
equipment van for the Fire
COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE FIRE DEPARTMENT TO SOLICIT
BIDS FOR THE EQUIPMENT VAN FOR THE FIRE DEPARTMENT. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
11. Adjournment
There being no further business, COUNCILMEMBER
ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED
MOTION CARRIED 4-0.
HOLMGREN MOVED
THE MOTION.
TO
THE
The meeting of the Elk River City Council adjourned at 11:57 p.m.
Respectfully submitted,
~~~~
City Clerk