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9.7 r'`/ A. ITEM 9.7. ( MEMORANDUM ty of . ‘11�lk, • River TO: Mayor & City Council FROM: Steve Ach, City PlanneZ, DATE: December 16, 1996 SUBJECT: 193rd Avenue Between Proctor and County Road 1 Attachment • Location Map Background Last year when the Planning Commission and City Council reviewed the LaFayette Woods development there was some preliminary discussion regarding the future of 193rd Avenue. Although no decisions were made at that time, it was suggested that further work be done towards determining • the future of 193rd 93 and whether that street would be left in place or closed and converted to a pedestrian corridor. Recently, the city has received an application from Good Value Homes for a preliminary plat request of the 38 acres in the northwest corner of 193rd and Proctor Avenue. With the submittal of this application it has become apparent that the future of 193rd needs to be determined in order to design and review the plat. Analysis 193rd Avenue is currently a public street that connects Proctor Avenue with County Road 1 to the west. The condition of 193rd Avenue used to be a Class 5 road requiring a measurable amount of maintenance by the public works department. Last year the public works department installed a thin layer of bituminous along 193rd as a test section. The property north of 193rd Avenue is accessible from Proctor and County Road 1 along the abandoned railroad bed (city trail corridor). The LaFayette Woods plat, as it has been preliminarily approved, illustrates lots backing up to 193rd Avenue with no driveways. This plat was reviewed with the idea that 193rd would no longer be in place or would be upgraded to accommodate • the anticipated traffic. In either case, the lots backing up to 193rd would most 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 likely be the appropriate design. The property south of 193rd includes basically three property owners. Throughout the three properties there is a variety of wetlands and some upland areas with possible development potential. Generally speaking, the upland portions are evident on the extreme west (by the city trail) and east (along Proctor) portions of the three properties. Both of these highland areas would have access from either Proctor or on the west from County Road 1 as the road enters into the LaFayette Woods development. At the Planning Commission meeting last month, the middle property owner (Ms. Carton) expressed a concern that with the closure of 193rd access to her would be cut off. There is clearly a large wetland complex in the middle of the Carton property that could not be developed; however, there may be isolated areas of upland that may be developed. The question remains, how much of Ms. Carton's property is upland and possibly developable. Certainly it is not the intent to cut off access to developable property, therefore, additional information needs to be obtained to determine the reasonable developability of the Carton property. It also should be noted that all three parcels have frontage onto County Road 1. Ideally, limiting access to County Road 1 could be the goal; however, this option will also need to be reviewed. Requested Action This issue is being brought before the City Council at this time to give staff and the developer of the 38 acres some direction with the Council's vision for the future of 193rd Avenue. This is important at this time because it may impact the design of the plat of the 38 acre parcel if the road is to remain in place and would therefore need to be upgraded. Conversely, if 193rd is to be cul-de-sated as presented by the developer this would have some influence on the plats design. Terry Maurer is having Dave Nyberg from his office walk the property south of 193rd to gather a preliminary assessment regarding the developable property that lies south of 193rd. The amount of developable property south of 193rd is probably the first question that needs to be answered prior to making a final decision on 193rd. Unfortunately, there may not be enough information available at Monday night's meeting to provide the council to allow a final decision on this matter. However, even without this information, staff would offer the following for the council to consider: a. If the council would like to see 193rd remain in place and left open to vehicle traffic from Proctor to County Road 1, the appropriate design will be included into the proposed plat. • Eventually the upgrading of 193rd (curb, gutter, bituminous, \\elkriver\sys\shrdoc\council\193rd.doc storm sewer) will need to be included as part of a future city project. b. If the council is interested in closing 193rd to through traffic and retaining the right-of-way for a pedestrian corridor, staff can continue to explore the possibility of this happening. This option would certainly take into consideration access to any upland south of 193rd that may be developable. • • s:\council\193rd.doc i :, i1 ° • }1 SOI Hp 3,ICU( '/) (I©� nlit 1 �� IZ n" t2 4 ° o © ,11,allillilt, " „viOP,,,,iO4,_ Ai II/ . illilik ':::::...ramumw; Wno1 a nn , w �' WTLOT C IIl/^ ® 0 '1 i h. I !'i i,:? AREA UNDER CONSIDERATION ,6 7 /a ` j '1 21 lir 5I 1 Ads z. la E I 8 , Illik Q, ., alit MEADOVNALE .•:'.z RIC almu!! �f 4ffi'.op / • ELBOW/0mi ':::::.. ' I .%:::: , , 1 pi ii till SFA.Av.v1P 0 f telris.4 J . i 0:AdiTemiS.Wvetrir''. \ • . 1 1. RI. N C �i71 111 ' .. git RIDGE W000 "'i PARK 41111 i a/Ny ROAD N0. 1 .YVT w 11 •1`tR iiiii Ki rl ••: i III AHtoR 2 hitt 11 u1 =h$ 1, , SCHOOL ©-�- FAR INW0STj* .. ' •Lb iY1J•• . Ali >FDo ON •us ALII 4 P. ., � 1! , ' ... .r Dr TRi : `ii ifiii pD T v R3101110111,1“, 1 %Op - D I) Ira 111.13. -...'. ••-,,,, p A R K •:::.. ,I 1:I idtglti • • n ''MO a� '. 10R L • t v I --\_(. LOCATION N City of , .. _ • MAP 1 Elk :::'-. , '( ' :::: 13065 Orono Parkway •P.O. Box 490 CASE. Elk River,MN 55330 • 4tPlit:SR:j5rftale ) . I . r Ey , .,..-, ....,f) _ _ • , , . . s .... .. „.. . , •. ...... •. ..„ , .. , . .. , , , ., .„..... ... ..... „.., .. ... . . . , . • ., ..„ . _ ,..... . i__+._ .., \ F\•�\.v ' �'�. '/� \'�\ •rte._-._,� ,� � '� .. ..... , : • . , ... ... % .„ „.... ,. \ „„ .... / . , ...„ , _ . " • ............„....,• „. : : .. , . ‘. ,,..... , , . •. , , _. ,.. . .. ... . . r--' ' 7;- "1•'.-•,, ,. :s' ^ 1�. p _ 1 Vii• C lI ; I I • 1• Y ' �'• ..�•••0 1..•; • •' `'�; ""•r iun.iy.;n..,r;•;r ._vii.. �'.. . ` 1 �� . r t'i 7:`. . , ..:rv. I YAC •.1.-.�._-__ .OM1 ^• ,..••• •• ?�% /' I j is iY' Cr'. .N -..in.w.. I .:..:. zy.o} •',. 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"'ie.,•.,. -0. 0.4^.!4":0.... 71r...— ...0Iv•1 I •• tee.Ika LAFAYETTE WOODS orir_ ,...,t ELX itNIA 144 1 1, ; 1 ___ 7.-- e .. • 7-581: IL -....fr..tr... on,or V.,,,UVITNII 10:17111 kazsa 0.•........... •••••••••••••--.. rot WitiOSOR DENTIAPuthl PFIELIMINARY Pt AT f- • • nit /7 L;Ire ). I MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 27, 1989 • MEMBERS PRESENT: Mayor Tralle, Councilmembers Dobel, Kropuenske, Schuldt and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Pat Klaers, City Administrator; Lori Johnson; Finance Director; Phil Hals, Street Superintendent; Sandy Thackeray, Deputy City Clerk; Russ Anderson, Fire Chief; Darrell Mack, WWTP Superintendent; Fritz Dolejs, Liquor Store Manager; Steve Rohlf, Building and Zoning Administrator; Dick Fursman, Economic Develpoment Coordinator 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 7:53 p.m. 2. Consideration of 2/27/89 City Council Agenda City Administrator Update was added to the agenda under Other Business. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 2/27/89 CITY COUNCIL AGENDA2 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. • 3.1. Consideration of 2/13/89 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE 2/13/89 CITY COUNCIL MINUTES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Holmgren stated that he was pleased with the meeting room facilities of the Community Center and requested that more Council meetings be held at that location. 3.2. Consideration of 2/16/89 Board of Canvass Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 2/16/89 BOARD OF CANVASS MINUTES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- 0. onsideration of Lois Carton Assessment Cancellation ....00i ayor Tralle stated that at the 12/5/88 Council meeting, Lois Carton requested cancellation of special assessment for the 1981 sewer interceptor on parcel number 117-000-284205. He further stated that the reasons for the request is that the property is a pond and the land is unbuildable. Lori Johnson, Finance Director, informed the Council that Mrs. Carton had attended the 1981 public hearing and talked to a city employee at the • meeting, however, this was not followed up by either the City or Mrs. Carton and further that the discussion was not recorded in the minutes. Page 2 City Council Minutes February 27, 1989 i A letter from Mrs. Carton to the Council was distributed at this time. Mrs. Carton stated that she was also requesting that the Council refund the special assessment payments already made because the assessment was unjust from the beginning and has caused an "undue burden on her." Mayor Tralle stated that he felt the remaining assessment should be cancelled as this is a unique circumstance. He further stated that he did not feel the Council should refund any assessments made as the applicant did not follow the appropriate appeal process and also because he did not want to set a precedent in refunding of assessments. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-14. A RESOLUTION REASSESSING A CERTAIN PARCEL IDENTIFIED AS PARCEL INDENTIFICATION NUMBER 117-000-284205 ASSESSED IN EXCESS FOR THE 1981 SEWER INTERCEPTOR PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Consider Hiring of Community Service Officer (CSO) Investigator Tyler stated that interviews for the CSO have been completed. He indicated that 23 applications were received and the person being recommended was Cheryl Edinger. He indicated that she has had extensive experience with law enforcement, computer systems, police radio, and general terminology of law enforcement. COUNCILMEMBER HOLMGREN MOVED TO HIRE CHERYL EDINGER AS A COMMUNITY SERVICE OFFICER EFFECTIVE MARCH 16, WITH THE SALARY STARTING AT THE FIRST STEP OF THE CSO PAY PLAN. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Wastewater Treatment Plant Annual Report Darrell Mack, WWTP Superintendent, presented the 1988 WWTP Annual Report to the City Council. After the presentation, discussion took place regarding the impact utilities in the Western area of the City would have on the sewer plant. Mr. Mack indicated that the sewer plant would be able to handle the increase of utility services to the western area. 6.2. Fire Department Annual Report Russ Anderson, Fire Chief, presented the 1988 Fire Department Annual Report to the Council. Discussion took place regarding the possibility of a Fire Board consisting of members from communities receiving service from the Elk River Fire Department. The question of a possible joint Otsego/Elk River Fire Department was also discussed. • Mayor Tralle stated he would like the Fire Chief to present the Council with 1989 goals for the Fire Chief at an upcoming meeting and also a full time job description for the Fire Chief. He indicated that at this time consideration will be given to changing the Fire Chief to full time. JS jt+I • • • February 27, 1989 City of Elk River 720 Dodge Avenue N.W. Elk River, Minnesota 55330 To: Mayor and City Council Members Re: Special Assessments for Lois E. Carton Since I met with the Mayor and City Council I've had another chance to personally walk the 11 acre parcel of land that was assessed me. I returned home, and it hit me harder than ever, the unjust financial expense and emotional burden that was placed upon me for no just cause or benefit. It caused me deep pain: • I trust that the action taken on this matter will be complete and just; Sincerely, �p — -,-oJ c; • h�2-Z-�Z-1 Lois E. Carton MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, DECEMBER 5, 1988 i 0mbers Present: Mayor Gunkel, Councilmembers Dobel, Tralle, Schuldt and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Peter Beck, City Attorney 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 11:30 p.m. 2. Consider 12/5/88 City Council Agenda COUNCILMEMBER TRALLE MOVED TO APPROVE THE 12/5/88 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 11/21/88 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/21/88 CITY COUNCIL MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike • Ellen Medenwaldt stated that the City of Elk River does not have any municipal recreational activities to offer residents of Elk River. She questioned what could be done to improve this situation. Mayor Gunkel informed Ms. Medenwaldt that there are many ways to become involved in city government and suggested that the Recreation Board may be a good place to start. She suggested that Ms. Medenwaldt attend a Recreation Board meeting and to call City Staff with any questions she may have. 6. Consideration of Lois Carton Assessment Cancellation The City Administrator indicated that Ms. Lois Carton owns two parcels of land that have received .t, special assessment for sewer interceptor. He noted that one parcel is 11 acres and does not have any buildable ground on it. Councilmember Schuldt suggested that the assessment be deferred and assessed later if the lot is developed. Ms. Carton stated that she would like the assessment forgiven, not deferred, as it is unfair to be assessed for property without receiving benefit. She indicated she did complain at the time the land was being assessed, however, no one from the City came to look at the land at that time. The City Attorney stated that he would have to check the statutes as the proper appeal procedure was not followed. • apstaitimomo.swir Page 2 City Council Minutes December 5, 1988 • COUNCILMEMBER TRALLE MOVED TO INVESTIGATE THE ALTERNATIVES AVAILABLE AND TO BRING THIS BACK TO THE COUNCIL WHEN FINDINGS HAVE BEEN MADE BY THE CITY ATTORNEY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION IID 5-0. 5. Review of Main Street Project The Council discussed the John MacGibbon sidewalk issue. It was noted that the unfortunate issue in the matter is the cost to the taxpayers to get the matter resolved. The City Administrator noted that attempts have been made to contact John MacGibbon in hopes of coming to an agreement regarding the matter, however, Mr. MacGibbon has not returned any of the phone calls. COUNCILMEMBER TRALLE MOVED TO SETTLE THE JOHN MACGIBBON SIDEWALK ISSUE THROUGH LITIGATION AND FURTHER THAT THE CITY ATTORNEY SEEK A CHANGE IN VENUE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5- 0. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE ELK RIVER CITY COUNCIL MEETING PAST 12:00 A.M. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Consider Changes in Cable TV Joint Powers Agreement and Franchise • Ordinance COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 88-29 AN ORDINANCE AMENDING THE CABLE COMMUNICATIONS ORDINANCE OF THE CITY OF ELK RIVER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-98 A RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1 AND ARTICLE X, SECTION 3 OF THE SHERBURNE/WRIGHT COUNTY CABLE COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Consider 3.2 On Sale License for Pizza Hut COUNCILMEMBER TRALLE MOVED TO APPROVE A 3.2 ON SALE NON INTOXICATING MALT LIQUOR LICENSE FOR PIZZA HUT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Consider Check Register COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0'. 10. Other Business • 10. 1. City Administrator Update The City Administrator distributed a hand out from the City Street Superintendent regarding parking signs on Dodge Avenue. It has come to the City's attention that MnDOT's maintenance equipment cannot access their property from Dodge Avenue due to cars parking on both sides of the road. • oadisilb 1111061464ftil • • •iyof N. TO: MAYOR AND CITY COUNCIL River FROM: LORI JOHNSON, FINANCE DIRECTOR DATE: FEBRUARY 22 , 1989 4 SUBJECT: SPECIAL ASSESSMENT CORRECTION FOR LOIS CARTON At the December 5 , 1988 , City Council meeting Lois Carton requested a special assessment for the sewer interceptor on one of her parcels be cancelled. The parcel is unbuildable property and she feels the assessment was unfair . As was discussed at that meeting, Ms. Carton did not follow the proper appeal procedure. Before presenting the issue to the Council last December, staff requested an opinion from our Attorney as how to handle this matter . The Council requested a more in-depth investigation after reviewing the situation. The City Attorney has advised us of three possible circumstances under which the assessment could be cancelled. Only one of these , a reassessment of the parcel , applies to this situation . In order for the City to cancel the assessment , the City Council 40 must find that the assessment is excessive because the property is a pond which is unbuildable and will most likely remain unbuildable in the foreseeable future and reassess the parcel . The reassessment of this parcel , which would result in the cancellation of the assessment , does not mean that the City needs to reassess this entire project as was first thought . However , the reassessment of this property would allow similarly situated property owners to present their case for reassessment of their properties . There are two other methods in which to handle this assessment . One is to defer the assessment until the land is deemed buildable and benefit is derived. Ms . Carton is against deferral as she feels she should not have been assessed in the first place . The final option the City has is to pay for the assessment from any other source that the Council may deem appropriate. The principal unpaid, including the 1989 portion , is $1 ,569 .98 . As our Attorney has stated, there is no clear statutory procedure for handling this matter and has advised staff that the Council may reassess Ms. Carton ' s property if the assessment is found to be excessive and pay the reduction out of other funds . As was discussed earlier , the Council is under no obligation to reassess this property. However, the Council may reassess the property, by adopting the attached resolution . The resolution states that there are unique circumstances relating to this situation that • would not normally apply to other assessed properties . 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 Page 2 Lois Carton Memo 0 February 22 , 1989 Ms. Carton feels that the assessment was unjust from the beginning and has caused an "undue burden on her . " Therefore, she is also requesting that special assessment payments already made be refunded. This would amount to a refund of $1 ,760 .86 . There is no statute restricting this refund, however , doing so would set a precident for other property owners in a similar situation . Once again, the City is under no obligation to refund these funds. • • RESOLUTION 89 - 111 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION REASSESSING A CERTAIN PARCEL ASSESSED IN EXCESS FOR THE 1981 SEWER INTERCEPTOR PROJECT WHEREAS, Parcel PID #117-000-284205 is owned by Lois Carton and was assessed $1 ,819 .61 in 1981 for Sewer Interceptor Improvements; and, WHEREAS, the assessment was not appealed during the normal special assessment appeal process; and, WHEREAS, this property consists of a pond which has been deemed unbuildable by the City Building and Zoning Administrator and it is not economically feasible to improve the land to a buildable state; and, WHEREAS, the improvements will never benefit the property; and , WHEREAS, the City Council has determined that because this property is and will continue to be unbuildable, the assessment is excess and should be reduced. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the remaining portion of the assessment ($1 ,569 .89) be reduced to zero and cancelled from the assessment role as certified to the Council Auditor . 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Illllli :1111 �� o , _ -- ---- -41111 114. �, �11IllliN!11� �!!!I cilli' rollli Ilt�,, �{ -. ., . . ii pRONOlw.tAr�I' •'.' 11.,y"-4•'' �"111111111 Illalls�lli If n , sr ,t4v Jr -Is qua Mit - ri k•, 4..4 <a • '; , . • • • Planning Commission Minutes Page 2 November 26, 1996 . 6.1. Review of T.I.F. Plan for T.I.F. District No. 16 Staff report by Paul Steinman. The Planning Commission is asked to determine if the T.1.F. District No. 16 is in conformance with the Comprehensive Plan of the City of Elk River. • COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION FINDS TAX INCREMENT FINANCING DISTRICT NO. 16 TO BE IN COMPLIANCE WITH THE CITY OF ELK RIVER COMPREHENSIVE PLAN. COMMISSION SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.2. Holiday Companies Recuestfor Conditional Use Permit to Oberate a ,Motor Vehicle Service Station, Public Hearing Case No. CU 96-25 COMMISSIONER ANDERSON MOVED TO POSTPONE HOLIDAY COMPANIES' REQUEST FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 96-25, TO THE DECEMBER 19, 1996, PLANNING COMMISSION MEETING. COMMISSION MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. COMMISSIONER SULLIVAN SUGGESTED THIS ITEM BE DISCUSSED AT THE DECEMBER WORKSHOP. 6 3....;; :American`Portable Telecom Request to R'ezoninc To AT (Antenna Overla\f0 District, Public Hearing Case No. ZC 96-20 6.4. American Pot-Table Telecom Reciuest for Ccnditiorai`Use Permit, Public Rearing IIICase No, CU 96-26. ...: . Staff report by Scott Harlicker. American Portable Telecom is requesting a zone change to Antenna Overlay District (AT) and a conditional use permit for a wireless communication antenna tower and equipment buildings on property leased from Industrial Hardfacing. American Portable Telecom plans to construct a 165 foot tall self supporting lattice tower on which they will mount 9 directional antennas. Scott reviewed adjacent land issues and suggested that consideration be given to constructing a mono pole painted to blend in with the background. Staff feels the applicant needs to provide further information to support the need for an antenna in this location, how it fits in with their long range coverage plan, and also, why they could not collocate on the AT &T tower to the south. Scott reviewed the performance standards for the Antenna Tower Overlay district. Staff recommends more information be provided before the Planning Commission makes a determination on this application. Chair Thompson opened the public hearing. There being no comments from the public, Chair Thompson closed the public hearing. The applicant was not present to address questions and concerns raised by staff and the Planning Commission. A member of the audience informed the Planning Commission the applicant was planning to attend the meeting and it appears they are late. It was the consensus of the Commissioners to consider the requests after item 6.7. 0 yf 6 5 Good Value Homes Request far Preliminary Plat.Approval {Cherrvwood Rills?, Public.Hearing::.Ca se.N. . P 96.1 . :. Planning Commission Minutes Page 3 November 26, 1996 • Staff report by Steve Ach. Good Value Homes is requesting to subdivide 38 acres located in the northwest corner of Proctor Road and 193rd Avenue into 79 single family lots. The density is approximately 2.3 units per acre with lots ranging in size from 10,000 square feet up to 39,000 square feet. Steve discussed issues in the staff report to the Planning Commission dated 11/26/96, such as streets, pedestrian circulation, lot depths, and grading. Steve noted that given the changes being recommended to the plat, the Planning Commission may wish to postpone action on the plat. Discussion followed regarding the existing home within the proposed plat. Steve suggested that if the home remains a front yard setback variance may be necessary. Commissioner Kuester felt there was not a good east-to-west pedestrian and traffic flow through the plat, which will be affected if 193rd is closed. John Peterson, president of Good Value Homes, explained the process he has gone through to develop the site; reviewing the ordinance, meeting with staff and the expenditure of $14,000 in engineering fees to date. Mr. Peterson stated he understood it was the city's desire to connect the Lafayette Woods plat and Cherrywood Hills via Highland Road. Based on this information, the plat was drawn and a purchase agreement was made with Mrs. Florence Jacobs. Peterson noted the most serious constraint of the plat is the grade change to the 111 north which they must deal with in order to make to required road connection. If it is the Planning Commission's desire to make changes to the plat such as increasing the lot depths, saving trees and relocating roads, they will be forced to start over in their negotiations with the property owner. He explained that developers rely on the ordinance when laying out a plat and do not want to ask for variances. Discussion followed regarding the grade changes in the wooded areas. Mr. Peterson felt the only way to preserve a significant number trees on the north boundary is to leave the entire northeast area alone as a wild area. Discussion followed regarding oak wilt in the area. Mr. Peterson stated he would not consider taking down the Jacobs home, as it was very significant. He felt it would not be a problem for the home to fit in with the new development surrounding it. Mr. Peterson stated that if the plat were approved before a decision was made regarding 193rd, the lots to the south would not be platted until a later date. He stated he would talk with the property owners to the south to see if there was a possibility of incorporating a portion of their property into the plat. Chair Thompson opened the public hearing. Greg Carton, 156th Street, Zimmerman, stated he is part-owner of property south of 193rd. He expressed his concern that if he were to develop his property there would be no access if 193rd were vacated . Also, he was concerned that the • drainage from the development will affect his property. Planning Commission Minutes Page 4 November 26, 1996 ! Dave Anderson, 14845 County Road 30, Park and Recreation Commission representative, asked that the-lot lines of Lots 10, 11 and 12, Block 4, be adjusted so that they are not in the right of way of 193rd, as shown on the proposed plat. Dave suggested a sidewalk along some of the southerly lots connecting the cul de sacs be considered. A neighbor on 193rd and Proctor has also suggested a sidewalk be considered along Proctor. Dave felt that if 193rd Avenue remained, a trail could also be accommodated with a 66 ft. wide right-of-way. He expressed support for a tree preservation ordinance to deal with this issue when reviewing plats. Dave felt a 20 ft. wide trail would be adequate to connect Rush Court to 193rd. Lois Carton, 19231 Proctor Road, expressed concern fcr the drainage impact of this plat. Mary Beth Dunn, 19388 Oxford Street, asked if residents on Highland would be forced to hook up to city sewer and water, with the development of this plat. Terry Maurer explained that Elk River Utilities has plans to extend a watermain to connect the northeast area with the northwest area. It was his understanding that the watermain would be put in without hooking up residents along Highland, but if water problems arose in the future, it would be possible to hook up. Ms. Dunn questioned the range of the value of homes proposed for this plat. Mr. Peterson explained the homes would not be in the same range as Lafayette Woods which has more amenities, and felt the range would be from $130,000 to . $210,000. There being no further comments from the public, Chair Thompson closed the public hearing. Discussion followed regarding tree preservation, the oak wilt area and grading. Whether or not 193rd Avenue should be vacated and the affect on the proposed plat was discussed, as well as traffic and pedestrian issues. Terry Maurer felt it would be best to work with the County to address traffic issues associated with County Road No. 1 and Proctor, rather than trying to solve the problems by rerouting internal residential streets. It was the consensus of the Commissioners that the following issues need to be addressed before taking action on the proposed Cherrywood Hills plat: • Status of 193rd Avenue • Tree preservation • Traffic circulation • Sidewalk along Proctor (who pays) • Rush Street- utilities, transportation/pedestrian connection with Lafayette Woods • Lot depths/grading issues John Peterson of Good Value Homes agreed that postponing this item for the 1/28/97 meeting would allow time to work through the outstanding issue. • COMMISSIONER MINTON MOVED THE PLANNING COMMISSION POSTPONE THE REQUEST BY GOOD VALUE HOMES, INC. FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 95-13, UNTIL THE JANUARY 28, 1997, PLANNING Planning Commission Minutes Page 5 November 26, 1996 COMMISSION MEETING. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6 6 _ CGty of Etk.River i equest for.PrelIrn nary Pl t Anprs vcsE#Foss Prol�ertu}.Pubes Staff report by Steve Ach. The City of Elk River is requesting to subdivide 115 acres located in the southeast corner of 165th Avenue and Jarvis Street, into 6 rural single family lots and 1 large outiot that will be used for the development of ballfields. The City purchased the property for developing the northerly portion of Outlot A into recreational fields and using the southern half for the spreading of sludge from the city treatment facility. It was proposed that development of the fields be funded by the sale of the residential lots. Four of the lots are slightly larger than 3 acres in size, one 7.5 acre lot and one lot is 15.22 acres. The western lot line on Lot 6 should be adjusted to follow the ditch. Steve reviewed information as presented in the staff report to the Planning Commission regarding wetland mitigation and the development of the residential lots. The Park & Recreation Commission has recommended that the purchase and development of Outlot A will satisfy the park dedication requirements for the plat. It is proposed to develop the residential lots from east to west, so that if in the future there is a need for the western lots for expanding the ballfields, there would be land available adjacent to the existing complex. Discussion followed regarding the buildable area of the lots. • Chair Thompson opened the public hearing. • Dave Anderson, 14845 County Road 30, Park& Recreation Commissioner, suggested the plat be considered for a cluster development, with some sort of pedestrian pathway access. Commissioner Sullivan suggested that the intent of clustering was to preserve open space, which this plat already has done. Members of the Commission discussed the clustering concept and it was the consensus of the Commissioners to favor the plat as presented. Mary Elveru, 9943 165th Avenue, stated she owns 40 acres north of the proposed plat. She expressed concern for the increased traffic which will be generated by the ballfields, and also, the speed of vehicles-currently traveling on 165th. Ms. Elveru stated there currently are no speed zone signs posted on 165th. She questioned which board or commission will be involved in naming of the fields. The Commission informed her the Park and Recreation will address naming the fields. Ms. Elveru expressed concern that the entrance to the ballfields be planned so that it will not line up with her driveway. Steve Ach indicated on the plat where the access is planned as well as a possible second access onto 165th. Ms. Elveru felt the second access would be close to her existing driveway. There being no further comments from the public, Chair Thompson closed the public hearing. • Terry Maurer explained the speeding issue needs to be addressed by Mn/Dot through a request for a speed study. A member of the audience stated she was s 0 • 4S • • ummmiunmmmmmmrmnais i 7.a. Consider Concept Plan for Jacobs Parcel- Northwest Corner of Proctor Avenue 1 and 193rd Avenue • Steve Ach explained Mr. John Peterson of Good Value Homes was present to discuss with the Commissioners a concept plan for a residential plat of 75 single family lots. The proposed plat is located in the northwest corner of Proctor and I 193rd Avenue. Discussion followed regarding whether or not a park was needed in this area and the location of trails. Members of the Commission expressed concern for safety of pedestrians moving through this development and Lafayette Woods to the schools east of Proctor. I . ark E.Recreation Commission Minutes ' Page 3 October 9, 1996 Chair Anderson indicated the Master Park Plan does not identify a potential park in this area. However, given the combined size of the Lafayette Woods plat and this proposed plat, the Commission may wish to consider a need for green space. Discussion followed regarding the public's limited use of school playgrounds and facilities to meet park needs. Commissioner Huberty felt there is a need for a • neighborhood park in this area with a playground for young children. Mr. Peterson of Good Value Homes, suggested the 2 acre parcel in the southeast corner of the proposed plat could be used for a neighborhood park. He questioned why this development would be required to provide a neighborhood park and the Lafayette Woods development, which is much larger, was not. Discussion followed regarding the topography of Outlot A in Lafayette Woods which was deeded to the city as a charitable contribution from the developers of Lafayette Woods. It was the consensus of the Park & Recreation Commission to recommend the developer give consideration to a 1 acre neighborhood park play area (tot lot), and supported converting 193rd into a trail corridor from Proctor west to the city trail. 4. Open Mike John Halton, 13211 179 1/2 Avenue NW, questioned what was planned for the 3+ acre park in Country Crossing 3rd Addition. He expressed his concern that the park be developed appropriately to serve the neighborhood. Chair Anderson indicated it may be 1-1/2 to 2 years before the park is developed. Mr. Hallon requested the park area be flooded for ice skating in the winter. Chair Dana 41111 Anderson indicated the Commission has considered clearing an area on Lake Orono for skating in the winter, and the possibility of flooding some blacktopped area to serve residents in this portion of the city. Mr. Hallon requested that a sign be placed on the warming house at Handke stating hockey sticks are not allowed inside the building. Commissioner Olson suggested that a barrel be placed outside for the sticks. Mr. Hallon indicated Park and Recreation Commission Minutes Page 5 December 11, 1996 9.B. Handke Warming House 4111 Phil reported the new portable warming house has been delivered and will be moved to the Handke pit as soon as the protective flooring was installed and steps were ready. 9.C. County Road 1 Tunnel 9.D. Pedestrian Crossing on Highway 169 Phil Hals noted Terry Maurer will be presenting a feasibility study to the Council next Monday night regarding these two issues. He explained that it appears there is not a significant difference between the cost of an underground tunnel vs. an overhead walkway. Discussion followed regarding safety issues associated with an underground tunnel. Phil indicated the pedestrian crossing lights on 193rd and Highway 169 begin flashing "don't walk" soon after changing to "walk". He explained that pedestrians become confused and end up waiting in the middle of the intersection because they don't realize they actually will have enough time to continue crossing. Phil informed the Commission that the Historic Downtown committee has requested an "old fashioned" pump handle drinking fountain be placed downtown near the new gazebo. The group has suggested that a private well be used instead of connecting to city water. Phil will investigate whether or not this idea would be feasible and also, if there are any health related issues. r9.E.ib Cherrywood Hills Plat Members of the Commission discussed the Planning Commission review of the Cherrywood Hills plat. It was the consensus of the Commissioners that there is a need for sidewalk along the west side of Proctor. Phil suggested the cost of the sidewalk could be escrowed until the County upgrades the road. Further discussion was held regarding the possibility of cul-de-sacing the road in Lafayette Woods instead of constructing a through-street, in order to preserve the trees in the northern portion of the Cherrywood Hills plat. COMMISSIONER DAVE ANDERSON MOVED TO RECOMMEND THE PLANNING COMMISSION AND CITY COUNCIL CONSIDER THE NEED FOR SAFE PEDESTRIAN MOVEMENT ALONG PROCTOR, EITHER VIA A SIDEWALK OR TRAIL, AND THAT THE DEVELOPER BE ASKED TO PARTICIPATE IN THE COST, POSSIBLY THROUGH THE USE OF AN ESCROW FUND, AS PART OF THE PRELIMINARY PLAT REVIEW FOR THE Loimmor CHERRYWOOD HILLS PLAT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Other Business No other business. • Park and Recreation Commission Minutes Page 6 December 11, 1996 11. Adjournment 41. There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE MEETING. COMMISSIONER ROLF ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. The Elk River Park and Recreation Commission meeting adjourned at 10:29 p.m. Respectfully submitted, Debbie Kleckner Recording Secretary a j •